Oxnard Municipal Code Div. 11 Miscellaneous Provisions

(A) The rates charged for all wastewater collected by the city shall be established by ordinance of the City Council. Each customer receiving wastewater service is liable for payment for such service at the rates so established.

(B) Pursuant to Cal. Gov’t Code section 53756, and after notice is provided as required by law, the adopted rates shall automatically adjust over a five-year period for inflation in the cost of operating the city’s wastewater system. If the actual inflation in natural gas and electricity rates paid by the city since the effective date of the rates exceeds the rate study’s cumulative forecast for inflation in utility costs for that same period, the rates will be automatically adjusted to recover the difference between the two. For example, if in year three of these rates the actual inflation in natural gas and electricity rates paid by the city since the effective date of the rates is 8.75% and the rate model estimates a cumulative increase of 7.5% over that same time period, then the inflation adjustment for that year would be 1.25%. On the other hand, if the actual inflation in natural gas and utility rates for this example time period is 7.5%, then no inflation adjustment would be made for that year as the actual inflation would equal the estimated inflation in the rate model. The city shall issue the adjustments no more than once per calendar year, and these adjustments will be effective at least 60 calendar days thereafter.

(C) When the City Council declares the existence of a water shortage condition pursuant to City Code Section 22-154, the wastewater treatment rates and charges provided herein that are based on water use shall be adjusted to reflect the level of severity and corresponding mandatory water conservation percentage reflected in the water shortage condition declaration. For example, if the Council declares a Stage 2 water shortage condition with a mandatory water use reduction goal of 20%, then the rates provided herein that are based on water use, shall be concurrently adjusted upward by the same percentage - 20%. This adjustment shall be initiated as of the effective date of the water shortage declaration and terminate as of the date of the termination of that water shortage declaration.

(Ord. No. 2917)

The fees, charges and rates set forth below shall be charged and collected for the use of and for other privileges and services relating to the Regional Wastewater Treatment System of the City of Oxnard:

(A) [reserved]

(B) City of Oxnard user charge for wastewater system. The rate for City user classes or individual users of the wastewater system shall be calculated by the “City of Oxnard User Charge Formula” (the Oxnard Formula) as follows:

OMUC = p (Vm) + q (Bm) + r (Sm)

Where:

OMUC = Oxnard monthly user charge in dollars

Vm = monthly wastewater discharge in millions of gallons

Bm = monthly BOD discharge in thousands of pounds

Sm = monthly SS discharge in thousands of pounds

p, q and r are unit cost coefficients established as follows:

(1) Formula users (industrial and commercial). The monthly user charge for formula users shall be calculated using the Oxnard Formula. Industrial and commercial users billed by Oxnard Formula shall be those so designated by the Public Works Director. For those formula users that do not provide metered wastewater flow data, the wastewater flow shall be assumed to be 90% of water consumed. For those users that provide engineering data acceptable to the Public Works Director showing a different percentage, the wastewater flows will be based on that data.

(2) Non-formula users (industrial, commercial and governmental). The monthly user charge for non-residential users of the system that are not classified as formula users by the Public Works Director shall be as follows. The rate per hundred cubic feet (HCF) of water used is based on the assumption that a percent of the water consumed is returned to the wastewater system. The applicable percentage differs based on customer class. The percentage return is included for each customer class in the tables below. The Public Works Director shall have the authority to review the water consumption of any metered user of the wastewater system and to adjust the rate based on the average water consumption over a reasonable period of time:

(a) Commercial/school wastewater use (percentage wastewater return = 85%):

(b) Restaurant wastewater use (percentage wastewater return = 80%):

(c) Laundry/laundromat wastewater use (percentage wastewater return = 90%):

(3) Non-formula users - residential. Residential wastewater service is deemed to begin when water service begins. Monthly residential user charges by type of dwelling units are as follows. The rate per hundred cubic feet (HCF) of water used is based on the assumption that a percentage of the water consumed is returned to the wastewater system. The applicable percentage differs based on customer class. The percentage return is included for each customer class in the tables below. The Public Works Director shall have the authority to review the water consumption of any metered user of the wastewater system and to adjust the rate based on the average water consumption over a reasonable period of time:

(a) Single family residential wastewater use (percentage wastewater return = 80%):

(b) Single family residential wastewater use; large lots (lot size of over 7,000 square feet) (percentage wastewater return = 60%):

(c) Multi-family, multi-unit residential wastewater use (percentage wastewater return = 90%). Tiers for multi-family and multi-unit residential are variable and are determined by multiplying each tier allotment by the number of dwelling units:

(4) Monthly base rates. In addition to monthly rates based on water use (per HCF) as set forth above, the following customer classes shall pay monthly meter rates:

(5) Minimum monthly fees. The following customer classes shall pay the greater of the applicable monthly rates set forth in the table below, or the monthly rates based on the actual water use (per HCF) as set forth above:

(6) Non-metered water users. Except as provided in subsection (B)(3) of this section for residential water users, other non-metered water users, including commercial and industrial users, shall pay a monthly rate as determined by the Public Works Director based upon the monthly rate charged a metered water user of comparable size and character of use, provided, however, that the minimum monthly charge shall be the same as that charged for a multi-family dwelling unit. In lieu of specifically calculated rates, non-metered customers will be charged the following:

(7) Where wastewater is collected by the city and is accepted by another agency for transmission, treatment and disposal, the monthly wastewater rates shall be equal to the rate charged by such agency for transmission, treatment and disposal of such wastewater, anything to the contrary herein notwithstanding.

(8) Additional charges for outside the city users of city wastewater system. Those outside the city users of the Las Posas sewer line shall be charged a monthly rate for wastewater service as follows. Wastewater service is deemed to begin when water service begins. The rate per hundred cubic feet (HCF) of water used is based on the assumption that 85% of commercial and 60% of residential water consumed is returned to the wastewater system. The Public Works Director shall have the right to review the water consumption of any metered user of the wastewater system and to adjust the rate based on the average water consumption over a reasonable period of time:

(a) Monthly rates for user charge formula - outside city.

(b) Monthly rates for Las Posas commercial/institutional wastewater use.

(C) Industrial and liquid waste sampling. Analysis and flow measurement. Dischargers whose wastewater charges are individually calculated using the Oxnard Formula shall be responsible for costs of required sampling, analysis and flow measurement associated therewith as provided in Chapter 19 of the Oxnard City Code. If sampling, analysis and flow data are not provided to the City as required, the Public Works Director shall cause monitoring to be performed or an estimate made to enable charges to be rendered. The discharger shall be billed for these extra costs.

(D) Charges for unusual or non-compatible wastewater. A charge for unusual or non-compatible waste constituents of such quality or character as to impose upon the city unusual operation and/or maintenance or capital costs whether or not related to total flow volume, biochemical oxygen demand, or suspended solids, shall be set by the Public Works Director and paid by the discharger. These charges shall be reasonably calculated to defray costs attributable to such wastes.

(E) Fee for appeal. For each appeal to the City Council of a ruling by the Public Works Director a fee of $100 will be charged.

(F) Industrial wastewater discharge permits. The industrial wastewater discharge permits (permit) specified in Chapter 19 of the Oxnard City Code shall be granted for a specific time period, not to exceed five years. Application for permit and permit renewal shall be made in accordance with Chapter 19. All users classified as significant industrial wastewater users according to Chapter 19 shall be assessed a fee of $2,500 per year per permit. All other industrial users shall be assessed a fee of $100 per year per permit. In addition to the permit fee, new applicants for a permit shall be assessed a one time new application processing fee of $100.

(G) Billing procedure for monthly service charge for use of city wastewater system. Bills shall be computed according to the rates then in effect and the number of days in the service period at each rate.

(Ord. No. 2917)

The amount of any fee or charge imposed by the provisions of this article, including interest and penalty assessments, shall be deemed a debt owed to the city. An action in the name of the city may be commenced in any court of competent jurisdiction for the amount of any delinquent fees or charges, and if legal action is brought by the city or its assignee to enforce collection of any amount charged and due under this article, any judgment rendered in favor of the city shall include costs of suit incurred by the city or its assignee, including actual attorneys' fees.

(`64 Code, Sec. 25-82) (Ord. No. 2494)

Should a customer fail to pay a fee or charge for wastewater service, within one month after the billing date provided on the face of the bill, the city shall assess a penalty in an amount of 10% of the overdue balance.

(`64 Code, Sec. 25-83) (Ord. No. 2494, 2918)

Property situated outside the boundaries of the city may be connected to the system if the city manager determines there is sufficient capacity in the system to serve the property. Out-of-city sewerage service shall be temporary and subject to cancellation following reasonable notice. Fees shall be as specified by ordinance.

(`64 Code, Sec. 25-84) (Ord. No. 2494)

(A) Sewer connection fees shall be specified by ordinance and shall be adjusted effective July first of each year to reflect changes in the construction cost index for Los Angeles from January of the previous year to January of the current year as reflected in the periodical, “Engineering News Record,” or other appropriate source as determined by the city manager.

(B) If a demolished structure is subsequently replaced, no additional sewer permit or sewer service connection fee is required if the building permit for the replacement structure is issued within five years of the date of destruction of the previous structure.

(C) If the building permit is issued more than five years but less than ten years from the date of demolition, the service connection fee shall be reduced by 50%. If the building permit is requested for any replacement after ten years from the date of demolition, the full permit or service connection fee shall be required.

(D) The property owner shall pay for any difference between the sewer connection fee based on the original water meter size and the connection fee based on the water meter size to serve the replacement structure. The property owner shall bear the burden of proving the date of the original demolition and that structure's water meter size at the time of destruction.

(`64 Code, Sec. 25-85) (Ord. No. 2494)

(A) If a user has a supply of water not obtained from the city, the city manager shall charge and collect from the user the metered water user service fee. To facilitate calculation of this fee, the user shall install and maintain at the user's expense, a water meter of a type approved by the city manager, capable of measuring accurately the amount of water used on the premises.

(B) The meter shall provide water use measurement in the same manner as meters recording city water use, and the user shall permit the meter to be read monthly by authorized city employees.

(`64 Code, Sec. 25-86) (Ord. No. 2494)

The fees for filing an administrative hearing or other hearing pursuant to this chapter shall be established in a resolution of the city council.

(`64 Code, Sec. 25-87) (Ord. No. 2494)

All persons requiring an IWD permit shall pay to the city a yearly permit fee established by resolution of the city council.

(`64 Code, Sec. 25-88) (Ord. No. 2494)

Should the city or its agents perform required industrial wastewater sampling, analysis, review, flow measurements or other activities for a user, the user shall be held responsible for all accrued costs. The city manager may, at his/her discretion, bill the user directly for services performed by the city. The fees for such services shall be established by resolution of the city council.

(`64 Code, Sec. 25-89) (Ord. No. 2494)

(A) The city council by resolution may adopt reasonable charges and fees for reimbursement of the costs of setting up and operating the city's pretreatment program.

(B) These charges and fees include:

(1) Fees for IWD permit applications, including the cost of processing the applications;

(2) Fees for monitoring, inspection, and surveillance procedures, including the cost of collecting and analyzing a user's discharge and reviewing monitoring reports submitted by users;

(3) Fees for reviewing accidental discharge procedures and construction and responding to accidental discharges;

(4) Fees for wastewater of such quality or character as to impose unusual operation and maintenance or capital costs on the system; whether related to flow volume, BOD, SS, or peak flow rates; and

(5) Other fees as the city council may deem necessary to carry out the provisions of this article.

(`64 Code, Sec. 25-90) (Ord. No. 2494)