Tracy Municipal Code Art. 5 Wastewater User Charges and Fees

The purpose of the wastewater user charges and fees is to raise revenue for the cost of maintenance, construction, operation and improvement of the City POTW facilities. The sewage facilities include the collection, treatment, analysis and disposal of sewage, sludge, industrial sewage, industrial waste, septic tank truck waste, and the reclamation of water therefrom as a by-process.

(Prior code § 5-6.501; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All users are classified by the City either by assigning each one to a "user classification" category according to the principal activity conducted on the user's premises, by individual user analyzation, or by a combination thereof. The purpose of such collective and/or individual classification is to facilitate the regulation of wastewater discharges based on wastewater constituents and characteristics, to provide an effective means of source control, and to establish a system of charges and fees which will insure an equitable recovery of the City's cost. Users are classified as single-family, multi-family, septage (wastehauler), commercial I, commercial II, commercial III, or industrial dischargers.

(Ord. 1052 § 2, 2003: prior code § 5-6.502; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

In order to recover from the users of the City's wastewater disposal system the cost of implementing the program established by this chapter, the City Council may adopt by resolution fees and charges which may include:

(a) Fees for reimbursement of costs of setting up and operating the City's pretreatment programs;

(b) Fees for monitoring, inspections and surveillance procedures;

(c) Fees for recurring accidental discharge procedures and construction;

(d) Fees for permit applications;

(e) Fees for filing appeals;

(f) Fees for consistent removal by the City of pollutants otherwise subject to federal pretreatment standards;

(g) Other fees as the City may deem necessary to carry out the requirements contained herein;

(h) Connection charges based on wastewater constituents and characteristics, and capacity entitlements;

(i) Fees for sampling and testing;

(j) Fees as reimbursement of costs of setting up and operating a city-wide clean-up program of hazardous household wastes.

(Ord. 1052 § 3, 2003: prior code § 5-6.503; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All user charges shall be derived from the City Revenue Recovery Program. Users of the POTW shall be required to reimburse the City for all costs related to operation and maintenance, capital expenditures and reserve requirements for providing wastewater collection, treatment and disposal. User charges are developed by first estimating the City's annual revenue requirements, including those portions that were grant funded, and then determining for each user classification based on each user's proportionate share of all the costs of providing the sewerage service. Proportionate shares are derived from unit charges attributed to total and peak wastewater flows, Biochemical Oxygen Demand and total suspended solids discharged into the POTW. The operation and maintenance portion of the revenue required is derived from the unit charges related to total annual discharges into the POTW and the capital expenditures portion of the revenue required is derived from unit charges related to the peak discharges into the POTW. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC may be used, once a relationship between BOD and the parameter of measure is determined, instead of BOD. This relationship shall be used by the City in determining the charge for use.

(Prior code § 5-6.504; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Notwithstanding any other provision of this article, the City Council shall have the power to establish, by ordinance or by agreement with the user, the monthly wastewater service charges applicable to any public corporation, political subdivision, City, County, District, the State, or the United States of America, or any department or agency of any thereof (including any agency of the City), or applicable to any user outside the limits of the City.

(Ord. 1052 § 4, 2003: prior code § 5-6.504.1; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

All connections to the sewer systems and conditions and fees associated with the capacity entitlement determination process are provided for in the Code as adopted by Council resolution.

(Prior code § 5-6.505; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

In the event an industry ceases operation and the wastewater capacity is not used, the wastewater capacity may be reserved for future use by paying a capacity reservation charge. The monthly capacity reservation charge shall be calculated as twenty-five (25) percent of the average monthly wastewater billing for the previous two (2) years. The capacity shall be reserved for a maximum period of two (2) years, unless the period is extended by written agreement authorized by the City Council. The capacity reservation charge shall be prorated if only a portion of the capacity is to be reserved. The capacity reservation charge shall be paid monthly. A capacity reservation charge is necessary as the majority of the City's wastewater treatment costs do not change with the volume of wastewater treated and it is in the best public interest to have the wastewater treatment plant fully utilized. Failure to pay the capacity reservation charge will result in the capacity reverting to the City to reallocate in accordance with City Council adopted policies. The capacity reservation charge only applies to significant industrial users as defined in section 5.24.040.

(§ 2, Ord. 966 C.S., eff. January 15, 1998; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Except as otherwise provided, all sewer service charges shall be billed and made payable and otherwise conform with the provisions of chapter 3 of title 11 of this Code.

(Prior code § 5-6.506; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

It shall be the duty of the Director to monitor all connections to the sewer system, and subject to the approval of the Council, to establish and administer such reasonable rules and regulations applicable to the use and operation of the sewer system and the sewage treatment and disposal system as may be deemed advisable or necessary provided, however, such rules and regulations so established shall not be in conflict with any provisions of this article and shall be at all times subject to appeal under section 5.24.810. It shall be the duty of the Finance Director to collect all sewer service charges. The Finance Director shall keep an accurate accounting and records showing the source, amount, and disposition of all funds received from sewer service charges and connection fees.

(Ord. 1111 § 4 Exh. A (part), 2007: prior code § 5-6.507; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)