San Clemente Municipal Code Art. IV Sewer Service Charges

For the purposes of this article, real property shall be deemed to be used for domestic purposes within the meaning of the following sections when such real property is used for a single-family residence or the furnishing of lodging by the operation of hotels, motels, apartment houses, courts, housing units, rooming houses, trailer parks or the rental of property for lodging purposes.

(Prior code § 30-18)

A. Basis of Charges. .....The sewerage charge for the City shall be calculated by adding the fixed rate established in subsection (D) to the sewerage commodity rate established in subsection (E).

B. Definitions. .....As used in this article:

"Commercial/recreational" shall mean any building or structure containing mixed commercial and residential use which provides sewage with a BOD concentration of between two hundred eighty-three (283) and two hundred ninety (290) milligrams per liter.

"Customer" shall mean any person, firm, corporation, association or governmental agency to which the City provides sewerage services.

"Fixed rate" shall mean the fixed rate established in subsection D of this section.

"High-strength commercial sewerage user" shall mean a commercial user of the San Clemente sewage system who produces between five hundred one (501) and nine hundred (900) milligrams of BOD per liter. Such a user may include, but not be limited to, bakery shops, restaurants, bars with food service, supermarkets, mortuaries, and other users of comparable strength.

"Industrial user" shall mean any nongovernmental user of the City sewerage system as such industrial users are listed within the industrial categories contained in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions: Division A, agriculture, forestry, and fishing; Division B, mining; and Division C, manufacturing; Division E, transportation, communications, electric, gas and sanitary; and Division I, services.

"Low-strength commercial user" shall mean a commercial user of the City sewage system who produces between one hundred thirty (130) and one hundred forty-nine (149) milligrams of BOD per liter. Such a user may include, but not be limited to, residential strength offices, retail businesses, hospitals, nursing homes, laundromats, beauty and barber shops, warehouses, car washes, and other general commercial uses.

"Medium-high strength commercial sewerage user" shall mean a commercial user of the City sewage system who produces between two hundred ninety one (291) and five hundred (500) milligrams of BOD per liter. Such a user may include, but not be limited to, shopping centers, hotels with dining facilities, and users of comparable strength.

"Medium-strength commercial user" shall mean a commercial user of the San Clemente sewage system who produces between one hundred fifty (150) and two hundred eighty-two (282) milligrams of BOD per liter. Such a user may include, but not be limited to, bars without dining facilities, convenience stores, liquor stores with delis, auto repair businesses, service stations, hotels without dining facilities, and other users of the above-mentioned strength and characteristics.

"Multifamily dwelling" shall mean any premises designed, improved or used as a residence for two (2) or more living groups living independently of each other in two (2) or more structurally joined dwelling units with separate entrances and separate sanitary and kitchen facilities. The term "multifamily dwelling" includes apartment houses and duplexes but does not include hotels, motels, dormitories or similar structures.

"Owner" shall mean any person holding fee title to any premises as shown by the official record of the County Recorder of the County of Orange.

"Premises" shall mean any lot, piece or parcel of real property, improved or unimproved, within the territorial limits of the City of San Clemente.

"Residential" shall mean all multifamily and single-family dwelling units.

"Religious institution" shall mean any building operated by a religious institution which has been found to be tax exempt under Revenue and Taxation Code Section 23701(d) when such building is primarily dedicated to religious worship and the applicable supporting functions. Religious Institution shall not include any land use which produces sewage with BOD concentrations in excess of one hundred forty-nine (149) milligrams per liter.

"Revenue program" shall mean a system of charges and supporting data necessary to comply with state grant conditions all as specified in the revenue program guidelines for wastewater agencies dated September, 1974, as amended.

"School" shall mean any public or private institution primarily dedicated to educating students between grades kindergarten and twelfth that produces sewage which does not exceed one hundred thirty (130) milligrams of BOD per liter. Any institution producing in excess of one hundred thirty (130) milligrams of BOD per liter shall not be considered a school.

"Sewerage commodity rate" shall be that rate based upon a percentage of the quantity of water used as multiplied by the per unit cost established by the City Council.

"Sewerage service charges" shall mean the fees, tolls, rates, rentals or other charges for services and facilities furnished by the City in connection with its sewerage system including but not limited to the fixed rate and the sewerage commodity rate.

"Single-family dwelling" shall mean any premises designed, improved or used as a residence for one (1) living group which has a single sanitary and kitchen facility and which is used for no purpose other than such residential use.

"Treatment works" shall mean any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewerage or industrial wastes of a liquid nature including intercepting sewers, outfall sewers, sewerage collection systems, pumping, power and other equipment and their appurtenances; extensions, improvements, remodels and additions and alterations thereof; elements essential to provide a reliable supply such as standby treatment units and clear well facilities; and all works including site acquisition of land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste, including stormwater run-off or industrial waste including waste in combined stormwater and sanitary sewer systems.

"User" shall mean any customer, institution or person receiving sewerage services from the City.

"User class" shall mean a group of users as defined in the Standard Industrial Classification Manual, 1972, as amended.

C. Free Services. .....No facilities or services of the sewerage system shall be furnished to any property or to any owner or other person free of charge.

D. Establishment of Fixed Rate. .....Except as provided in the following table, for each parcel connected to the City's sanitary sewer system, the monthly fixed rate is established as follows:

E. Sewerage Commodity Rate. .....In addition to the fixed rate established in subsection (D) of this section above, every customer whose property is connected to the city sanitary sewer system shall pay a sewer commodity rate. The sewer commodity rate shall be based upon the per unit cost of water as multiplied by a portion of the total quantity of water used on the property as calculated in the manner provided below.

* The sewer commodity rate for single-family dwelling shall be annually calculated by multiply the per unit rate times 75 percent of the Winter Month Average (WMA). For the purposes of this section, winter months shall be defined as February and March. The WMA shall be calculated using the total consumption for a service location during the prior fiscal year's winter months divided by the number of winter months in which there was water consumption. If the WMA results in a fraction, the result shall be rounded to the nearest whole number. If there was no winter month in the previous fiscal year in which water was actually consumed, the sewer commodity rate shall be based on a City average during the winter months and shall be annually calculated during the winter averaging process.

F. Commodity Charge for Users Not Listed. .....Any person producing sewage with a concentration in excess of nine hundred (900) milligrams of BOD per liter shall pay a sewerage commodity charge calculated in the manner provided in Exhibit A to this section and shall provide the City with all necessary test data to calculate the applicable sewerage commodity charge. The test data shall be generated by a lab and in a form acceptable to the City.

G. Billing Discrepancy. .....Any person may request adjustment to any fees, charges or penalties imposed under this chapter by proceeding in the manner provided in Section 13.04.260 of this code. In the event an error or omission occurs in the assignment of fixed rate or the sewerage commodity charge, the City is entitled to full restitution in its favor and similarly must refund excess amounts paid by the customer.

H. Inquiries Regarding Sewer Commodity Rates. .....Questions or inquiries regarding sewer commodity rates must be submitted to the City in writing before such assessment will be reviewed.

I. Person Responsible For Payment of Charges. .....The person responsible for payment of all charges shall be the customer of record who requested sanitary sewer service for the premises connected to the City sewerage system.

J. Monthly Charge. .....Upon the effective date of this section, the monthly sewer service charge for each customer shall be the applicable fixed rate established in subsection (D) of this section, plus the sewer commodity rate established in subsection (E) of this section. Failure to pay the sewer service charge shall be cause for termination of water and sewer service. Charges for customers which may be legally served by the City outside its boundaries shall be twice the foregoing rate.

K. Penalties and Interest. .....Penalties and interest shall apply when service charge payments are delinquent. A bill shall be deemed delinquent twenty-five (25) days from the billing date indicated on the bill.

L. Termination of Service. .....If any premises shall become vacant, the applicable minimum monthly fixed rate shall be continued to be charged to, and collected from, the owner of such premises.

(Ord. 1461 §§ 1—2, 2008; Ord. 1334 §§ 1—2, 2007; Ord. 1316 §§ 1—2, 2006; Ord. 1302 §§ 1—2, 2005; Ord. 1290 §§ 1—2, 2004; Ord. 1260 § 1, 2002; Ord. 1254 §§ 1—2, 2001; Ord. 1179 § 1, 1996; Ord. 1159 § 1, 1995; Ord. 1148 § 1, 1995; Ord. 1135 § 1, 1994: prior code § 30-19)

(Ord. No. 1491, §§ 1, 2, 7-21-2009; Ord. No. 1512, §§ 1—3, 7-20-2010; Ord. No. 1514, § 1, 7-20-2010; Ord. No. 1538, §§ 1—3, 6-21-2011; Ord. No. 1553, §§ 1—4, 6-19-2012; Ord. No. 1558, § 1, 9-4-2012; Ord. No. 1568, §§ 1—3, 6-18-2013; Ord. No. 1584, § 1, 7-1-2014; Ord. No. 1597, § 1, 6-16-2015; Ord. No. 1625, §§ 1, 2, 6-13-2016; Ord. No. 1754, §§ 4, 5, 8-15-2023)

Editor's note— Rates to be effective Aug. 1, 2016.

Exhibit A to Section 13.24.190

CITY OF SAN CLEMENTE SERVICE UNIT ASSIGNMENT FORMULA

Service Unit 3,4,5 = Daily Flow (.34) + BOD concentration 6 (.33) + SS Concentration 5 (.33)

1. These parameters allocate both capital and operating costs of the plant amount flow, biochemical oxygen demand (BOD) and suspended solids (SS). Subject to review and change by the Utilities Director.

2. Assumed loading for a single-family dwelling unit. Subject to review and change by the utilities manager.

3. Formula is designed to provide a multiplier for high-strength flows.

4. Minimum charge is one service unit per user.

5. Assignment based on billing period.

6. Minimum concentrations for any user assumed to be 290 mg/liter BOD and 210 mg/liter SS.

All sewer service charges imposed under the provisions of this article shall be due and payable at the times and in the manner provided in the code for the payment of water bills. Such sewer service charges shall be billed to the customer on the same bill on which the water is billed to the customer. Such combined bill for water consumed and for sewer service charges shall be paid in its entirety and may not be severed for the separate payment of either portion thereof. Where the premises consume water from a source other than the City water system, the sewer service charge shall be billed to the customer in a separate bill.

Delinquent charges shall be applied at the time, at the rate, and in the manner as provided in the Code, and amendments thereto, for the payment of water bills.

(Ord. 1179 § 2, 1996: Ord. 1135 § 2, 1994: prior code § 30-20)

Guarantee deposits are required from all new applicants for sewer service who cannot demonstrate creditworthiness.

"Creditworthiness" means that the applicant has a record, with SCWD or another public utility, of no delinquent utility charge payments during the previous twelve (12) months.

The deposit for sewer service is the same deposit required for water service. After a twelve (12) month period with no delinquent payments and upon application by the customer, the deposit shall be applied to the customer's account. Upon termination of service on which deposits are still held, the City shall apply the deposit to the final bill of the customer and refund any remaining portion of the deposit.

(Ord. 1179 § 2, 1996: prior code § 30-21)

Sewer connection charges are prescribed and established for each connection to the City's system as follows:

Schedule of Charges

(Prior code § 32A-1)

There is imposed on all areas not previously subdivided a special sewer connection fee of one thousand three hundred fifty-seven dollars ($1,357.00) per unit. This is in addition to all other City connection fees and charges. The fee is payable upon issuance of the building permit. Such fees are necessary for addition to the City water reclamation plant caused by such development.

(Prior code § 32A-1.1)

Funds collected from the sewer connection charge are to be placed into a sewage and sanitation fund and are intended to be used for construction of sewerage facilities, bond service including principal and interest on all bonds issued to finance construction of sewerage facilities and for refund to developers installing certain required oversize facilities. In the event of refund, computation will be at the rate of fifty dollars ($50.00) per residence or dwelling unit, or fifty dollars ($50.00) for the first unit of space in a hotel, motel, auto court, rooming house or trailer court, and twenty ($20.00) dollars for each additional living unit or space in a hotel, motel, auto court, rooming house or trailer court, or two hundred dollars ($200.00) per gross acre or fractional portion thereof for all other classes of use, but in no event shall such resultant sum exceed the amount previously determined to be refunded. Such refunds shall be paid only to those developers whose facilities are subsequently utilized directly by the service contributing such connection charge.

(Prior code § 32A-3)

The rates established by Section 13.24.220 shall be subject to an automatic escalation of ten (10) percent per annum and such increased rate shall be effective as of January 1 of each calendar year.

(Prior code § 32A-5.1)

The charges as outlined in Sections 13.24.220 through 13.24.250 shall apply to all property and shall be due and payable as follows:

A. New Subdivisions. Upon the filing and prior to the acceptance of a final subdivision map.

B. Other Development. At the time of issuance of a building permit by the City department having jurisdiction thereof for nonsubdivision development or where a final subdivision map was approved prior to the effective date of this chapter.

(Prior code § 32A-8)

The cleanup of any discharge of any hazardous or toxic materials or other wastes from any public roadway, property or sewer which directly connects to the sewerage facilities or storm water facilities of the City resulting from the acts of a private individual or business entity, shall be remediated by City personnel under the direction of the Utilities Manager or his designee if, in the opinion of the Utility Manager or his designee the discharge may have an adverse or harmful effect on sewers, maintenance personnel, wastewater treatment plant personnel or equipment, treatment plant effluent quality, public or private property, or may otherwise endanger the public, local environment, or create a public nuisance. All costs for such clean-up efforts shall be the responsibility of the private individual or business entity deemed responsible for the discharge. A Private Sewage Spill Clean-up fee shall be assessed by the Utility Manager. The Private Sewage Spill Clean-up fee shall be the actual costs of labor and materials to perform the clean-up activities.

Damage to any City vehicle or equipment caused by the clean-up efforts related to a discharge resulting from the acts of a private individual or business entity shall be the responsibility of the private individual or business entity. A Utility Equipment Repair charge for actual time and materials to repair utility equipment damaged by the actions of a private individual or business entity shall be assessed by the Utility Manager.

(Ord. No. 1514, § 2, 7-20-2010)