Chapter 14.16 — SEWER CHARGES

Ordinance 292 is to become effective July 1, 1967.

A.

Sewerage system means those pipe lines, treatment plants, and appurtenances constructed, maintained, and operated by the city primarily for the collection and treatment of sewage and the conveyance thereof to the sewage treatment plant, or plants, owned and operated by the city of El Paso de Robles.

B.

Premises as used herein refers to and includes a lot, parcel of land, building or establishment.

(Ord. 292 N.S. § 1, 1967)

Every person whose premises are served by a connection with the city's wastewater system, whereby the sewage or industrial wastes, or either or both, are disposed of by the city through the wastewater treatment plant, or otherwise, shall pay a sewer service charge established from time to time by resolution of the city council.

Monthly sewer service charges shall be determined as follows:

(a)

Single-Family Residences: Monthly wastewater charges for single-family residential customers (those residential units, including condominiums and townhomes, with up to four dwelling units per one water meter) shall be based on a combination of a fixed charge and a usage charge. The usage charge shall be based on the "winter water use" multiplied by the usage charge. The winter water use is defined as the metered water usage from on or around December 20 through February 20 of each year for the three previous years divided by six. Under no circumstance shall a customer's winter water use be less than two HCF per month. The winter water use shall establish the maximum usage charge for the subsequent April through March billing period.

For new service accounts, the first three year's winter water use shall be set to six HCF/month, which is the average winter water use for all residential customers, as identified in the most current rate study. However, customers who have less than three years of water use history, but more than one, can appeal the default HCF/month assumption to the utility billing adjustment committee (UBAC) as established in Section 14.02.100. The UBAC shall use professional and reasonable judgement to establish a winter water use based on the specific property and water use history.

If actual water usage in any one month is less than a customer's winter water use, that month's charges shall be based on the actual usage multiplied by the usage charge then in effect.

Condominiums are residential units held under separate ownership with the underlying parcel held under common ownership. Condominium units served by individual water meters shall be billed as single-family residences.

(b)

Quail Run Senior Estates: This is a state-regulated mobile home community with approximately three hundred nine residential units. Water meters for each of the residential units and other buildings in the community shall be read by the Quail Run Estates Homeowner's Association, not the city. Monthly wastewater bills for Quail Run shall be based on a combination of a fixed charge for each residential unit (e.g. effective July 1, 2021, eleven dollars and forty cents per unit multiplied by three hundred nine units equals three thousand five hundred twenty-two dollars and sixty cents) and a usage charge. By May 15, 2021, and by March 15 of each year thereafter, the Quail Run Homeowner's Association must submit to the city all January and February billing data for the three hundred nine residential units, the clubhouse/office facility, and the manager's residence. The total usage charge shall be based on the cumulative total of average winter water use for the three hundred nine residential units, the clubhouse/office facility, and the manager's residence. The water usage data submitted by Quail Run may be adjusted for unique circumstances if agreed upon by the director of administrative services and the director of public works, or their designees.

(c)

Large Multi-Family Dwelling: A large multi-family dwelling is a building comprised of more than four dwelling units under single ownership, such as apartment complexes, or any other multi-family dwelling that has a separate water meter for outdoor water uses. Monthly wastewater bills for large multi-family dwellings shall be based on metered monthly water use multiplied by the usage charge then in effect.

(d)

Non-Residential Customers: Wastewater charges for businesses, hotels, schools and other non-residential uses (i.e. industrial users as defined Section 14.08.040) shall be based on metered monthly water use multiplied by the usage charge then in effect. However, non-residential customers shall pay a minimum charge that is equivalent to the fixed charge for residential customers. This charge is not billed in addition to volumetric rates; instead, it serves as a baseline charge that would only apply when lower levels of billed usage would otherwise result in charges below the minimum level.

Non-residential customers may petition the city to have monthly sewer service charges based on something other than metered water use ("special billing") if they fall under one of the following categories and meet the following

conditions:

•

If a major portion of purchased city water is exported with products manufactured at the facility (e.g. fire retardant, beer) and a flow meter approved by the public works director or his/her designee is installed on the final discharge of treated wastewater to the city wastewater system; or

•

If treated industrial wastewater is either 1) recycled on-site for cleaning or industrial uses; 2) used to irrigate landscaping; or 3) disposed to land with permission from the Central Coast Regional Water Quality Control Board, and approved flow meters are installed on both the recycled water line and on the discharge of wastewater to the city wastewater system; or

•

If the non-residential customer is connected to the city wastewater system but is not connected to the city water system (e.g. has a private well), and has installed an approved flow meter(s) to determine the amount of wastewater discharged to the city wastewater system.

In all cases of special billing, the non-residential customer must:

Submit appropriate information and calculations to account for domestic wastewater generated by the facility, if applicable;

Agree to periodic audits to verify sewer discharge measurements;

Submit evidence of calibration of flow measurement devices annually or more frequently if judged necessary by the public works director;

Provide discharge flow data monthly to the city department of administrative services and the industrial waste manager for the purposes of levying sewer service charges by the twentieth of each month per the letter of agreement from the city. Failure to timely provide such information will result in sewer service charges being based on metered monthly water use multiplied by the usage charge then in effect; and

Submit an industrial waste discharge survey form and obtain a wastewater discharge permit per Section 14.10.210.

In the case where water usage is metered by another agency, the sewer charges will be based on water usage data provided by that agency.

(e)

Office Professional or T-3 Flex Zoning, and Churches: Wastewater charges for non-residential customers at properties zoned office professional or T-3 flex, and churches, shall be treated like single family residences, as described in subsection (a) above. Areas zoned office professional or T-3 flex include portions of South Vine Street, Vine Street between 10th and 16th Streets, 12th Street, 13th Street, and Spring Street between 16th and 21st Streets.

(f)

Landscape and Fire Service Meters: These accounts will not be billed for wastewater service.

(g)

Septic Systems: Customers with city water service who are not connected to the community wastewater system will not be billed for wastewater service.

(h)

Accounts with Sewer Service Only: Single-family residential customers who are connected to the city wastewater system but are not connected to the city water system will be billed based on six HCF/month, the then-current average single-family residential winter water use, as determined by the most recent rate study, multiplied by the usage charge then in effect.

(i)

The sewer service charges shall be reviewed no less than every five years to ensure that the sewer service fees then in existence do not exceed the costs of providing sewer service within the city.

(Ord. 875 § 2, 2004: Ord. 861 N.S. § 1, 2003: Ord. 841 N.S. § 2, 2002: Ord. 820 N.S. § 2, 2002: Ord. 292 N.S. § 2, 1967)

(Ord. No. 975 N.S., § 2, 12-6-2011; Ord. No. 989 N.S., § 1, 2-5-2013; Ord. No. 1110 N.S., § 2, 5-4-2021)

Editor's note— Resolutions amending this section are Resolutions 70-1578, 83-2824, 84-2921, 85-3012, 86-3112 and 89-03, and are on file in the office of the city clerk.

Authorized personnel of the city shall have the right of entry at any reasonable hour for the purpose of inspecting any premises to determine compliance with the provisions of this chapter.

(Ord. 292 N.S. § 3, 1967)

In case any premises becomes vacant, the minimum sewer charge shall be collected until the city is requested to shut off the water service.

(Ord. 292 N.S. § 4, 1967)

All charges for such sewer services shall be billed by the water department to the owner or occupant responsible for the water being used on the premises and both amounts must be paid or the city may, in addition to other remedies, shut off the water service.

(Ord. 292 N.S. § 5, 1967)

Any person failing to pay the sewer service charge when due, and if the water service has been discontinued, shall pay the sum of one dollar as a penalty in addition to the water reconnection charge.

(Ord. 292 N.S. § 6, 1967)

All funds and moneys received from the collection of sewer service charges as herein established shall be deposited in a separate fund and account known as the "Sewer Maintenance Fund." The funds so deposited shall be used only for the acquisition, construction, maintenance and operation of the sanitary sewer system and facilities; provided, however, that the city council may authorize any such funds applied to the retirement of any bonded indebtedness which was incurred to improve the sanitary sewer system.

(Ord. 292 N.S. § 7, 1967)

Before any residential, business, commercial building or structure lying within the area being served by the city sewer system shall be connected to a sanitary sewer main operated and maintained by the city of El Paso de Robles, either direct or through any other sewer main, there shall be charged and collected by the city from the person requesting or making such connection, a fee for each structure or dwelling served in an amount established by the city council of the city of El Paso de Robles by resolution, from time to time for each such unit.

(Ord. 402 § 2, 1977)

Editor's note— Resolutions amending this section are Resolutions 82-2704, 82-2746 and 84-2933, and are on file in the office of the city clerk.

All funds and moneys received from the collection of sewer connection charges as provided in Section 14.16.080 shall be deposited in a sinking fund account under the "Sewer Maintenance Fund" and shall be used only for the acquisition, construction and reconstruction of sewer trunk lines and mains, provided, however, that the city council may authorize, by resolution, that any such funds be applied to other uses toward the construction, maintenance and operation of the sanitary sewer system.

(Ord. 314 N.S. § 1 (part), 1970)

Any person who violates any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars or by imprisonment not exceeding thirty days, or by both

such fine and imprisonment.

(Ord. 314 N.S. § 1 (part), 1970)