Ontario Municipal Code Art. 7 Schedule of Fees and Changes

(a) Every person whose premises in the City are served by a connection to the public sewer system whereby the sewage and/or industrial wastes are disposed of by the City through the regional sewage system, or otherwise, shall pay a sewer operation charge and any surcharge as established by § 6-7.703 of this chapter.

(b) The charges provided for in § 6-7.703 shall be applicable only on premises to which a public sewer system main is connected.

(c) The charges provided for in § 6-7.703 for any promise or property shall be collected with the charges and rates for water services furnished by the City to such premises. Such charges shall be billed upon the same bill as prepared for charges for water services and shall be due and payable monthly at the same time such charges for water services are due and payable. The total amount due for the charges herein fixed and for charges for water shall be paid as a unit.

(d) The City Council may, from time to time in its discretion by ordinance or resolution, alter, change, amend, or revise the charges and rates for services and facilities in connection with the public sewer and stormwater drainage systems.

(e) It shall be the duty of the Revenue Department of the City to collect all charges provided for in this chapter.

(f) The City Council shall have the right to require any person liable to pay any stormwater pollution abatement charges, sewer operation charges and applicable surcharges to make a reasonable deposit to insure the collection of such charge.

(g) If any person fails to pay any applicable charges when the same become due, the City may, in addition to any other remedies it has, cut off any of the services and facilities provided for in this chapter and shall not resume the same until all delinquent charges, together with any charges necessitated by the resumption of such services and facilities, have been fully paid.

(h) All funds and monies received from the collection of sewer operation charges and applicable surcharges as herein established, shall be deposited and maintain in a separate fund and account to be known as the Sewer Operation Fund. The moneys deposited in such fund shall be used as permitted by Cal. Health & Safety Code § 5471.

(i) Adequate funds shall be transferred from Sewer Service Revenues to the Sewer Revolving Fund for sewer capital facilities repairs and replacement. The amount of this transfer shall be reviewed and adjusted in conjunction with rate studies to meet the needs of the sewer capital improvement program.

(j) If a developed parcel does not have a utility account with the City on the effective date of this section, a new account shall be established for that parcel and billed to the owner of said parcel as shown on the latest County Assessor's property tax rolls as an existing utility account. When an undeveloped parcel is developed, a new account shall be established and billed to the owner of that parcel as shown on the latest County Assessor's property tax rolls. The developed property owner shall maintain responsibility for payment until such time as other City utility services are provided to said parcel and a primary utility account is established for payment responsibility with the occupier of said property.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) Residential customers: The wastewater flow from a single family residential unit is defined as one (1) EDU. On the average, this flow is two hundred seventy (270) gallons per day, and the levels of biological oxygen demand (BOD) and suspended solids (SS) are equal to two hundred thirty (230) mg/l and two hundred twenty (220) mg/l, respectively. The average flow from a multiple family residential or mobile home unit is one hundred eighty-nine (189) gallons per day with the same levels of BOD and SS. By definition, this is equal to seven-tenths (.7) of one (1) EDU.

(b) Schools. The number of EDUs for a school is determined annually based on the school's October Average Daily Attendance (ADA). One (1) EDU is equivalent to fifty-four (54) Kindergarten through high school students, or twenty-seven (27) college students.

(c) Commercial customers. Commercial customers are grouped in different sewer categories as shown below. Each category is assigned a wastewater factor (WF) based on the percentage of water consumption returned to the sewer, and the wastewater levels of BOD and SS according to the following formula:

WF = Flow %

((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 10.98

The number of EDUs is calculated using the monthly water consumption in hundred cubic feet (HCF) as follows:

EDUs — HCF x WF COMMERCIAL CATEGORIES AND WASTEWATER FACTORS FOR DETERMINING MONTHLY SEWER CHARGES

EDUs — HCF x WF COMMERCIAL CATEGORIES AND WASTEWATER FACTORS FOR DETERMINING MONTHLY SEWER CHARGES

(d) Industrial customers. Industrial customers shall consist of any industrial user identified in the NAICS/SIC Code US Manual, 1997, as amended and supplemented, under the category Division D - Manufacturing, and any other user of significant waste products as determined by the City. The number of EDUs of industrial customers shall be the sum of domestic and non-domestic wastewater EDUs as follows:

(1) The number of domestic wastewater EDUs is calculated using a wastewater factor equal to 0.0729 (category 1 - commercial customers) as described in subsection (c) of this section.

(2) The number of non-domestic wastewater EDUs is calculated based on the average daily flow (gallons per day) and strength (BOD & SS in mg/l) of the non-domestic wastewater flow according to the following formula:

EDUs-Non-Domestic Flow

((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 270

(e) If required by the City, any non-residential user may be required to submit on a yearly basis (on or before the first of July of every year), a twenty- four (24) hour composite wastewater sample analysis performed by a certified laboratory. Said analysis shall be for BOD, SS and/or any other parameters, as may be required by the City. The customer shall pay all monitoring costs. The results of the analysis may be used to adjust the customer's wastewater factor and billing records. The frequency of wastewater analysis samples submitted may vary depending on the type of industrial discharge as determined by the City.

(f) In the event a customer believes the parameters used to establish the customer's wastewater factor is no longer applicable, said customer may submit the results of laboratory analyses and any other documents for review by the City. An adjustment in the wastewater factor and billing records may be made if deemed appropriate and consistent with the intent of this section. Any adjustment shall not be retroactive and shall be effective on the first day of the current billing cycle.

(g) If a wastewater pretreatment device and/or in-plant modification is instituted which involves a change in the quality and/or quantity of wastewater being discharged, the customer shall immediately notify the City. The user shall be required to submit flow 71 measurements and laboratory analysis for BOD, SS and any other parameters as described in subsection (e) of this section.

(h) The specific wastewater rate calculation criteria, including the assignment of sewer factors to specific customers, shall be determined by the City for all customers not specifically mentioned under the classifications set forth in this section, in accordance with the provisions of this section.

(i) If a commercial or industrial customer's water meter is used for both domestic and landscape irrigation, forty-five percent (45%) of the metered water consumption shall be assigned to landscape irrigation. If the user can show that landscape irrigation constitutes more than forty-five percent (45%) of the total, the City shall adjust this value provided that installation of a separate irrigation meter is not feasible. The adjustment shall be made after review, verification and approval of a water-use audit report prepared and submitted by the customer. Water meters that are used for landscape irrigation only, and other water meters that do not contribute to sewer flow shall not be included in the EDU calculations, and shall be exempt from sewer charges.

(§ 3, Ord. 2755, eff. April 4, 2002)

In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other sewer service charge is provided, and which parcel of property is connected to the sewer system of the City, shall pay monthly sewer service charges as established from time to time by resolution of the City Council.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 7, Ord. 2785, eff. November 16, 2003,§§ 26 and 27, Ord. 2816, eff. December 1, 2005, § 3, Ord. 2880, eff. February 4, 2008, § 3, Ord. 2913, eff. January 1, 2010, § 5, Ord. 3133, eff. July 5, 2019)

Industrial wastewater permit fees for non- residential customers shall be included in the monthly sewer charges as established in § 6-7.703 of this chapter.

(§ 3, Ord. 2755, eff. April 4, 2002)

Any user who has violated or continues to violate this chapter, an industrial wastewater permit, an order issued hereunder, or any prohibition, limitation, or requirement contained herein, shall pay non- compliance fees to the City as established in § 6-7.603 of this chapter, to recover all costs incurred by the City in performing inspections, sampling and analysis of the user's wastewater, and administrative costs associated with processing notices of violation, and conducting enforcement actions.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) The City is required to deposit regional sewer capacity fees in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the City, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund.

(b) The City is a party to the regional sewerage service contract, the obligations of which include financing the capital expansion of the regional sewerage facilities serving the City. These regional sewerage facilities are operated by the Inland Empire Utilities Agency (IEUA).

(c) IEUA has prepared a Ten (10) Year Capital Improvement Program which includes a study of the impact of anticipated development within the jurisdiction of each of the contracting agencies, including the City, upon the need for and cost of sufficient wastewater interceptor and treatment capacity.

(d) Purpose and findings.

(1) In order to implement the goals and objectives of the City of Ontario's General Plan and the regional sewerage service contract, a Ten (10) Year Capital Improvement Program is prepared annually by IEUA for those expansions of the regional sewerage facilities to be needed by the contracting agencies to mitigate sewage impacts caused by new development in the City of Ontario and within the spheres of each of the contracting agencies.

(2) The Ten (10) Year Capital Improvement Program, which is hereby incorporated by reference, establishes that certain sewerage pretreatment facilities must be or had to be constructed to provide adequate treatment capacity to service anticipated new development within the jurisdiction of each of the contracting agencies. The cities and agencies contracting for sewage treatment with the IEUA are Cucamonga Valley Water District, and the cities of Ontario, Chino, Chino Hills, Fontana, Montclair and Upland.

(3) The contracting agencies and IEUA have determined that a regional sewer capacity fee is needed in order to completely finance these public improvements and to pay for public facilities in existence at the time regional sewer capacity fees are imposed or for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use existing or new public facilities.

(4) IEUA's Ten (10) Year Capital Improvement Program identifies the need for new regional wastewater interceptor facilities, pretreatment facilities, and disposal facilities and sets forth the relationship between new development, needed facilities and estimated costs of the facilities. This report is annually updated by IEUA. The report utilizes the contracting agencies' forecasted growth and an analysis of IEUA's financial projection of being able to provide capacity. Those projections have been examined and have been found to be reasonable estimates of the projected growth within the City and the regional service area of the IEUA.

(5) The regional sewer capacity fees collected pursuant to this section shall be used to finance only the regional wastewater interceptor facilities, pretreatment facilities and disposal facilities identified in the IEUA Ten (10) Year Capital Improvement Program in accordance with the terms of the regional contract.

(6) New development within the City of Ontario will generate additional need for sewage treatment capacity within the regional service area and will contribute to the degradation of pretreatment facility capacity within the regional service area of the IEUA.

(7) The amount of the regional sewer capacity fees does not exceed the estimated reasonable cost of providing the service for which the fees are imposed.

(8) There is a need in the City for sewage treatment capacity which has not been constructed or has been constructed in anticipation of new development which has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the City's General Plan.

(i) There is a reasonable relationship between the need for the wastewater interceptor facility, pretreatment facility, and disposal facilities and the types of development considered in the forecasts submitted by the contracting agencies, including the City of Ontario, for which a CCRA fee is hereby imposed;

(ii) There is a reasonable relationship between the use of such fee and each type of development project upon which the fee is imposed;

(iii) There is a reasonable relationship between the IEUA amount of the fee and the cost of the facilities to be built to service new development projects for which the fee is imposed; and

(iv) The procedures used to determine these relationships are described in more detail in the "Agreement Amending and Supplementing Chino Basin Regional Sewage Service Contract" and the Ten (10) Year Capital Improvement Program.

(9) There is a need in this City for sewage treatment capacity which has not now been constructed or has been constructed in anticipation of new development which has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the City's General Plan.

(10) The cost estimates set forth in IEUA's Ten (10) Year Capital Improvement Program are reasonable cost estimates for constructing wastewater interceptor facility, pretreatment facility, and disposal facilities necessitated by projected new development, and the development fees collected by the City from any affected development project will not exceed the total of these costs attributable to the increased capacity necessary to serve that project.

(e) Every developer constructing any new residential, commercial, or industrial structure which will be connected to the City's public sewer shall pay to the City a regional sewer capacity fee calculated by multiplying the number of EDUs by the current IEUA rate per EDU. The regional sewer capacity fee will automatically be adjusted each year on July 1 to the amount adopted by the IEUA Board of Directors.

(f) For the purposes of computing uniform financial obligations for each contracting agency in the regional sewerage system, the following computation shall be used to determine EDUs for residential, commercial and industrial units:

(1) Residential is a structure or part of a structure which is designed for the purpose of providing permanent housing for one (1) family or tenant shall be one (1) EDU. This includes, but is not limited to, a single family detached residence, an apartment, a townhouse, a condominium, or mobile home space within a mobile home park.

(2) Commercial is a structure which is designed for the purpose of providing permanent housing for enterprises engaged in the exchange of goods and services. This shall include, but is not limited to, all private business and service establishments, schools, churches, and public facilities. EDUs shall be determined by multiplying the fixture units, as defined in the Uniform Plumbing Code, shown on the approved building plans by the appropriate sewage factor. Total EDUs for commercial centers with various use categories will be the sum of the EDUs computed for each category use as follows:

COMMERCIAL USE CATEGORIES LISTING

(3) Industrial is a structure which is designed for the purpose of providing permanent housing for enterprises engaged in the production, manufacturing, or processing of material. EDUs for industrial users shall be determined as follows:

(i) For domestic type wastewater, multiply the fixture units, as defined by the Uniform Plumbing Code, as shown on the approved building plans by a sewer factor of 0.0741 based on a twenty (20) gallons per fixture unit flow per day.

(ii) For industrial wastewater, compute the number of EDUs from information contained on the industrial waste permit, as set forth in § 6-7.702 of this chapter.

(iii) Combine the resultant EDUs derived from (i) and (ii) above.

(4) The sewage factor formula used for commercial and industrial categories is as follows:

Sewage factor = Gallons per fixture

((0.37 + (0.31 BOD/230) + (0.32 SS/220)) / 270

(g) Exempt from the regional sewer capacity fee shall be the following:

(1) Any residential, commercial or industrial structure which is or will be connected exclusively to another agency's sewer system or to a private sewage disposal system; and

(2) That portion of a newly constructed commercial and/or industrial development's waste which is discharged into the non-reclaimable waste system.

(h) For residential structures with a building permit issued prior to July 1, 1979, no regional sewer capacity fees will be levied at the time of connection to the regional system. If the original permit was issued after July 1, 1979, then the regional sewer capacity fees established at the time of permit issuance will apply.

(i) The regional sewer capacity fees will apply to all commercial and industrial development regardless of when the structure was constructed. When a non-residential user requests to connect to the regional system or to modify its use, if already connected, the regional sewer capacity fee shall be based on the current fee in effect at the time the connection or modified use is made.

(j) Additional regional sewer capacity fees shall be levied on existing commercial and industrial users who expand or revise their use. The additional regional sewer capacity fee shall be based on the additional number of EDUs according to the following criteria:

(1) Regional sewer capacity fees will only be levied on the fixture unit (FU) count difference between existing FUs and new FUs.

(2) The regional sewer capacity fee will be determined based on the fee in effect at the time of building or sewer permit issuance for the revised or expanding development.

(3) A change in use, placing a commercial development in a different commercial category, will not result in the recalculation of the CCRA obligation for the existing FUs. Only the regional sewer capacity fees for the new added FUs will be levied based on the commercial category which best defines the proposed use.

(k) All sewer use rights and capacity shall remain with the existing building and shall be sold to building owners rather than tenants. In cases where an existing building is completely demolished, the transfer of capacity rights can be permitted provided that:

(1) Proof of building demolition can be documented;

(2) Payment for original system capacity can be documented;

(3) The demolition occurs simultaneously with the transfer; and

(4) The transfer occurs within the contracting agency who originally sold the capacity.

(5) The capacity rights shall be determined based on number of EDUs of the demolished structure.

(l) Regional sewer capacity fees shall be paid at the time of the application for a building permit or an industrial wastewater permit if no building permit is required.

(m) Regional sewer capacity fees collected shall be deposited in the City of Ontario's Sanitary Sewerage Collection and Treatment Fund and used to finance construction of wastewater interceptor facilities, pretreatment facilities, and disposal facilities.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 1, Ord. 2756, eff. June 16, 2002, § 1, Ord. 2773, eff. July 6, 2003, § 1, Ord. 2801, eff. July 1, 2004, § 2, Ord. 2972, eff. December 19, 2013, and § 2, Ord. 3190, eff. October 7, 2021)

(Repealed by § 5 of Ord. 2779, eff. August 1, 2003)

(a) The sewer discharge from a public sewering agency to the City must be approved by all involved agencies by written agreement.

(b) The public sewering agency desiring a sewer connection to the City, or source agency, must submit to the Engineer, a written request for an Interagency Connection Point which shall include: a plot map of the area to be served including the distance to the proposed connection point; the current zoning and acreage of each of the zoned regions of the area; the percentage of existing development in each zoned region; the current average and peak flow and wastewater quality from the total proposed area; and the projected maximum peak and average flows from the total area at build-out.

(c) The City shall have the right to deny the request for any reason.

(d) The contract agreement must be written by the source agency but reviewed and approved by the City and must include, but not be limited to the following:

(1) A statement of agreement to construct, at no expense to the City, all sewer facilities necessary to convey the sewage from the source agency area to the City's public sewer system;

(2) All construction plans must be approved by the Engineer and all construction done in the City including a monitoring manhole at the connection point must be inspected and built to the City standards, also as-built plans must be submitted to the City upon completion of the work all at no cost to the City;

(3) The source agency shall agree, at their own expense, to submit to the City no later than forty-five (45) days from the date the connection point becomes active, a twenty-four (24) hour flow weighted composite analysis on the effluent entering the City at the connection point for all the parameters and constituents listed in the Inland Empire Utilities Agency Regional Contract, Exhibit H, and shall agree to submit to the City, a similar analysis every six (6) months starting from the submittal date of the first analysis;

(4) The water laboratory used by the source agency for the monitoring and analysis work must be approved by the City on an annual basis, and a copy of all the intercity connection point monitoring must be sent to the City directly from the laboratory;

(5) If the connection point is to be eliminated, the source agency shall abandon the intercity connection to current City standards, on the source agency's side of the City's boundary line at no expense to the City;

(6) The requesting agency shall collect all sewer fees as established by the City and transfer this money once per six (6) months to the City;

(7) The requesting agency shall be responsible to notify the City of any growth in this sewered area, and agree to allow the City to enforce their Pretreatment Program in the source agency's sewered area, 40 CFR 403.8(f)(2)(i);

(8) The City agrees to accept and deliver to the regional sewage treatment plant, or to an approved regional sewage system collection point, all sewage discharged through this connection point providing all predetermined flow and water quality criteria are being met;

(9) The City shall have the right to stop the sewer flow or eliminate the intercity connection point if any of the above criteria are violated, but must notify in writing, the source agency of the City's intent and establish a date and time the connection point may be abolished; and

(10) The source agency shall be responsible for submitting an executed copy of the interagency agreement to the IEUA.

(11) All existing source agencies that are discharging to the City's Public Sewer System when this chapter becomes effective, shall comply with all of the requirements of this section providing the requirements have not already been regulated in an executed agreement between the source agency and the City; all existing source agencies shall be given one year from the effective date of this chapter to comply with the additional requirements or the source agency may be subject to cancellation of their interagency connection.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) Should measurements or other investigations reveal that the permittee is discharging a flow rate, or a quantity of flow, biochemical oxygen demand or total suspended solids significantly in excess of that stated on the permit or in excess of the quantities reported to the Administrator by the permittee and upon which the monthly sewer service charges or capacity facilities fees are based, the permittee shall apply for an amended permit and shall be assessed for all delinquent charges together with penalty and interest. Before these charges shall be assessed at least two (2) additional twenty-four (24)-hour samples and flow measurements shall be obtained by the Administrator with all costs of sampling and analyses to be paid by the permittee.

(b) For the purpose of establishing the correct sewer service charge, the data obtained in these samplings along with any other relevant information obtained by the Administrator or presented by the permittee, shall be used by the Administrator in determining the sewer service charge. A permittee who violates this section shall, in the absence of other evidence, be presumed to have been discharging at the determined parameter values over the period since the Administrator's last verification of quantity parameters.

(§ 2, Ord. 3190 , eff. October 7, 2021)