Chapter 9 — WASTEWATER USER CHARGES AND FEES

5-6800 - CLASSIFICATION OF USERS.

All users shall be classified by assigning each one to a "User Classification" category according to the principal activity conducted on the user's premises and based on the typical wastewater constituents and characteristics for the type of user as determined by the County. The purpose of each classification is to facilitate the regulation of wastewater discharge based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and fees which will insure an equitable recovery of County's cost. Wastewater constituents and characteristics may include, but not be limited to, the following: suspended solids, BOD, COD, oil and grease, flow and chlorine demand.

(Ord. 3994 § 1 (part), 1998)

5-6801 - TYPES OF CHARGES AND FEES.

A user classification charge may be adopted for each user category based upon the charges for the average wastewater constituents and characteristics of all users within the user classification. The charges for each

wastewater constituent and characteristic shall be established by the Board of Supervisors of the County pursuant to this section. The County may adopt a schedule of charges and fees which may include:

(a)

User classification charges;

(b)

Fees for monitoring;

(c)

Fees for permit applications;

(d)

Appeal fees;

(e)

Charges and fees based on wastewater constituents and characteristics to include industrial cost recovery provisions of the Federal Act.

(Ord. 3994 § 1 (part), 1998)

5-6802 - NONINDUSTRIAL DISCHARGE.

Each user not required to obtain a wastewater discharge permit shall pay the applicable user charge as set forth in the County schedule of user charges and fees. The County may elect to set fixed unit charges as set forth in the County's schedule of user charges and fees for certain user classifications based on wastewater constituents and characteristics. For the purpose of determining user charges, the minimum standard classification charge shall be based upon a typical average strength of domestic wastewater such as:

(1)

BOD—250 mg/l

(2)

COD—375 mg/l

(3)

Suspended solids—250 mg/l

(4)

Oil and grease—40 mg/l

(5)

Volume—224 gallons per day per domestic premises

(Ord. 3994 § 1 (part), 1998)

5-6803 - WASTEWATER DISCHARGE PERMIT USER.

Users who are issued a wastewater discharge permit under the provisions of this division shall pay a user charge determined by multiplying the applicable unit rates for each wastewater constituent and characteristic by the mass emission rate (Section 5-6000(v) of this chapter) and summarizing the products.

(Ord. 3994 § 1 (part), 1998)

5-6804 - MULTIPLE UNIT COMMERCIAL COMPLEXES.

Users located in multiple unit complexes, such as shopping centers, commercial buildings, etc., will be billed a separate user charge, even though more than one business unit may be served from a common connection.

(Ord. 3994 § 1 (part), 1998)

5-6805 - SCREENING REQUIREMENTS.

Domestic sewage consisting essentially of human waste may be discharged into sewers without screening. Industrial, commercial or other wastes must be processed to conform with the provisions of this division. Other devices may be used if approved by the Director.

(Ord. 3994 § 1 (part), 1998)

5-6806 - VOLUME OF EFFLUENT—EFFLUENT METER.

For purposes of determining other than flat rate charges as set forth by resolution of the Board of Supervisors of the County, the volume of effluent discharged into the sanitary sewer and the sewer service charge for such use shall be measured by an effluent meter installed at the user's expense and approved by the Director. Those users which do not install such devices shall be billed in accordance to an estimate made by the County. In such cases, the estimate made by the County shall be considered as conclusive.

(Ord. 3994 § 1 (part), 1998)

5-6807 - VOLUME OF EFFLUENT—ESTIMATION.

The sewer service charge for premises not served through water meters and those premises having their own water supply or using private wells in addition to metered water service shall be estimated by the Director; provided, however, any person may at his own cost and expense install an effluent meter as set forth in Section 5-6806 of this division. If requested by the Director, owner or user of the premises shall furnish well metering records.

(Ord. 3994 § 1 (part), 1998)

5-6808 - METERED WATER SUPPLY.

User charges and fees may be applied against the total amount of water used from all sources unless, in the opinion of the County, significant portions of water received are not discharged to a sanitary sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters installed and maintained at the expense of the user and approved by the County.

(Ord. 3994 § 1 (part), 1998)

5-6809 - METERED WASTEWATER VOLUME AND METERED DIVERSIONS.

For purposes of determining other than flat rate charges as set forth by resolution of the Board of Supervisors of the County, the volume of effluent discharged into the sanitary sewer and the sewer service charge for such use shall be measured by an effluent meter installed at the user's expense and approved by the Director. The user shall install a meter of a type and at a location approved by the County and at the user's expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the Director.

(Ord. 3994 § 1 (part), 1998)

5-6810 - ESTIMATED WASTEWATER VOLUME.

(a)

Users Without Source Meters. For users where, in the opinion of the County, it is unnecessary or impractical to install meters, the quantity of wastewater may be based upon an estimate prepared by the County and shall be considered as conclusive. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, production of goods and services or such other determinants of water use necessary to estimate the wastewater volume discharged.

(b)

Users With Source Meters. For users who, in the opinion of the County, divert a significant portion of their flow from a sanitary sewer, the user charges may be based upon an estimate of the volume prepared by the user, provided the user obtains a wastewater discharge permit and pays the applicable user charges and fees. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, production of goods and services, or such other determinants of water use necessary to estimate the wastewater volume discharge.

(Ord. 3994 § 1 (part), 1998)

5-6811 - SEWER SERVICE CHARGES.

Any person who uses the sanitary sewerage system or each premise connected or required to be connected by this division to the sanitary sewerage system shall pay to the County or its designated agent as a fee for the use of said sanitary sewerage system a service charge as established from time to time by the Board of Supervisors of the County.

(Ord. 3994 § 1 (part), 1998)

5-6812 - COLLECTION OF SEWER SERVICE CHARGES.

From time to time the Board of Supervisors of the County shall determine which of the following methods of collection of sewer service charges shall be used:

(a)

Tax Roll. Pursuant to the authority of Section 5473 of the Health and Safety Code of the State, the County may elect to have sewer service charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes, provided that the office of the County Administrator annually shall cause a written report to be prepared and filed with the Clerk of the Board of Supervisors of the County, which report shall contain a description of each parcel of real property receiving such services and facilities and the amount of the charge for each parcel for said year, computed in conformity with the charges prescribed by this division.

(b)

Direct Billing. Pursuant to the authority of Section 5471 of the Health and Safety Code of the State, the County may elect to have sewer service charges collected by direct billing by the Director or his designated representative on the following basis:

(1)

Payment of Fees—Responsible Party. No facility or service of the sanitary sewer system shall be furnished to any premises or to any owner or other person free of charge.

The owner of any premises is and shall be responsible for payment of any and all sewer service charges applicable to the premises owned by him. It shall be and is hereby made the duty of each such owner to ascertain the amount and due date of any such charge applicable to premises owned by him and to pay such charges when due and payable. It shall also be and is hereby made the duty of each such owner of all premises to inform the Director immediately of all circumstances, and of any change or changes in any circumstances, which will in any way affect the applicability of any charge to premises owned by him or in the amount of any such charge. In particular, but not by way of limitation, an owner of any premises shall immediately inform the Director of any sale or transfer of any such premises by or to such owner.

(2)

Delinquent Payment Charges. If accounts billed quarterly in advance or based on quantity of sewage discharged are not paid within twenty-five (25) days from the date of the billing, a basic penalty of ten percent (10%) of the amount of such bill shall be added to such bill for the first month delinquent, and a penalty of one-half of one percent (1%) per month of the amount of the total bill and the basic penalty shall be added to such bill during the time the bill shall remain unpaid after the delinquent date.

If accounts billed monthly in arrears are not paid within twenty-five (25) days from the date of billing, a basic penalty of ten percent (10%) of the amount of the bill shall be added to the bill for the first month delinquent, and a penalty of one-half of one percent (1%) per month of the amount of such bill and the basic penalty

shall be added to such bill for each month during the time such bill shall remain unpaid after the delinquent date.

(3)

Remedies of County for Nonpayment or Other Violations. Upon failure of the owner of any premises to pay any sewer service charges prior to delinquency, or if the owner or occupant of any premises shall violate any other provisions of this division, any one or more of the following actions authorized by this section may, or where required hereby must, be taken by the County to enforce such payment or correct such violation:

(A)

In each case where all or any part of any bill remains unpaid twenty-five (25) days after date of mailing, addition of the delinquent payment charges provided in Section 5-6812(b) (2) of this division;

(B)

In each case where any bill for sewer service remains unpaid, after such bill becomes delinquent and in each case where a violation of any other provisions of this section shall continue for a period of sixty (60) days, the Director may also disconnect the premises from the sanitary sewerage system, subject to the provisions of this division. Whenever the premises has been disconnected from the sanitary sewerage system for nonpayment of sewer service charges, or for other violations of this division, such premises shall not be reconnected to the sanitary sewerage system until all delinquent charges and penalties have been paid, and until a connection permit shall have been obtained, and until each of the following charges, as are applicable, shall have been paid: a sewer disconnection fee equal to the actual cost to the County of such disconnection; and a sewer reconnection fee equal to the actual cost to the County of such reconnection; and until the owner and/or occupant of such premises shall otherwise have complied with regulations of this division;

(C)

In each case where premises are disconnected from the sanitary sewerage system, the Director may take or request any authorized public officer to take such steps as may be legally taken to abate the use of such premises and to prohibit occupancy of such premises until they shall be reconnected to the sanitary sewerage system.

(4)

Maintenance of Records. The Director shall maintain adequate records of bills tendered, payments received, delinquencies recorded, cash deposited and charges incurred. He shall maintain all required records in accordance with sound accounting principles to depict the status of all accounts and a record of all receipts and disbursements. Original records to support each payment made shall be retained for six (6) months after which they may be destroyed, provided a microfilm record or electronic record is substituted. Provided the microfilm record or an electronic retrieval system is not maintained, original records or receipts and disbursements must be retained for seven (7) years.

(Ord. 3994 § 1 (part), 1998)