Ventura Municipal Code Ch. 22.230 Additional Sewer Service Charges 6

6 Editor’s note(s): Section 1 of Ord. No. 2010-002, adopted February 1, 2010, amended Chapter 22.230 in its entirety to read as herein set out. Former Chapter 22.230 consisted of Sections 22.230.010 through 22.230.040, pertained to use of sewers and derived from the 1971 Code.

Periodic measurements of the flow rates, flow volumes, chemical oxygen demand (COD) and suspended solids for use in determining the nondomestic wastewater treatment charge and such measurements of other constituents believed necessary to demonstrate compliance with the city of Ventura sewer use ordinance, general or categorical pretreatment standards established by state and/or federal regulation or which are believed necessary by the Ventura water department general manager shall be made by all industrial users, unless specifically relieved of such obligation in writing by the Ventura water department general manager. The cost of all such measurements shall be paid by the discharger.

The determination or estimation of chemical oxygen demand, suspended solids or other components contained in nondomestic waste and on which sewer use charges are based shall be made by one of the following methods:

A. Sampling and analysis performed following the requirements of Sections 22.240.450 and 22.240.460 by an independent laboratory approved to perform such analysis and reported by the discharger following the requirements of Section 22.240.420.

B. Sampling and analysis performed following the requirements of Sections 22.240.450 and 22.240.460 by a laboratory of the discharger approved by the public works director and reported by the discharger following the requirements of Section 22.240.420. A discharger laboratory performing such analysis shall be subject to inspection by the city and may be required to demonstrate competence in performing such analysis to the satisfaction of the public works director.

C. Sampling and analysis arranged for by the city.

D. Estimates arrived at by study of operations conducted during the monitoring period affecting the constituents of the discharge. Such estimates shall be certified by a responsible representative of the discharger as true and accurate. Such estimates shall be subject to verification by the city.

Unless prior approval is given by the public works director, the method in subsection A of this section shall be used. (Ord. No. 2010-002, § 1, 2-1-10)

If flow measurements or other measurements are required by the director of public works, the discharger shall make all such measurements required and submit any reports required as directed by the director of public works.

All dischargers making periodic measurements shall furnish and install at their own expense a control maintenance hole or sample box in the sewer lateral before the connection with the city sewer main where representative samples of all regulated discharges from the industry can be collected and flow measurements accurately made. This location shall be at all times safely accessible to city personnel for inspection, collection of samples or flow measurement.

The determination of estimation of discharge flow shall be made by one of the following methods:

A. A calibrated flume, weir, flow meter or similar device along with a flow indicating, recording and totalizing register may be required by the director of public works. If so required, the nondomestic discharger shall provide, install and operate, according to the manufacturer’s instructions, such equipment at their own expense.

B. In lieu of wastewater flow measurement, the director of public works may accept records of water usage and adjust the consumption volumes by suitable factors to determine peak and average flow rates for the specific nondomestic wastewater discharge. Such estimates of wastewater use are acceptable only with the approval of the public works director and shall be subject to verification by the city.

C. Estimates arrived at by study of all operations conducted during the monitoring period affecting the volume of the discharge which shall be certified by a responsible representative of the discharger as true and accurate. Such estimates shall be subject to verification by the city.

Unless prior approval is given by the public works director, the method in subsection A of this section shall be used.

For those dischargers exhibiting seasonal peaking discharge characteristics, the director of public works shall establish, using the techniques discussed in the preceding paragraphs, the peak seasonal dry weather flow (PSDWF) and average dry weather flow (ADWF) in millions of gallons per day in accordance with the definitions set forth in Section 22.240.160. The quantities so established for any one fiscal year shall be used in the calculation of nondomestic sewage service charges for the subsequent fiscal year pursuant to Section 22.230.120.

The director of public works shall establish the PSDWF/ADWF ratio based on all relevant data for new nondomestic dischargers and where existing discharge flow rates are substantially modified through the introduction of new process equipment. (Ord. No. 2010-002, § 1, 2-1-10)

A sewerage service charge shall be levied periodically upon each premises having any sewer connection with or otherwise directly or indirectly discharging sewage or liquid waste to the POTW. Every discharger shall be charged equitably for the use of the sewerage system on the basis of the service costs related to the volume and strength of their discharge. Wastewater parameter unit charges to recover these costs shall be derived from budget data for the operations, maintenance, debt service and capital improvement programs. The derivations shall be as specified in the state water resources control board revenue program guidelines. (Ord. No. 2010-002, § 1, 2-1-10)

Each discharger’s sewerage service charge shall be based upon the universal formula:

h = xu + yv + zw

Where:

h = Service charge for a given discharge in dollars.

x = Unit charge for flow in dollars per million gallons.

u = Units of flow discharged during the billing period.

y = Unit charge for chemical oxygen demand (COD) in dollars per thousand pounds.

v = Units of COD discharged during the billing period.

z = Unit charge for suspended solids (SS) in dollars per thousand pounds.

w = Units of SS discharged during the billing period. (Ord. No. 2010-002, § 1, 2-1-10)

Where a commercial or other nondomestic discharge exhibits seasonal peak characteristics, the universal formula shall be expanded to cover capital related costs associated with providing capacity for conveyance and treatment in excess of normal levels. The expanded formula shall be:

h = (a+Pb)xu + (c+Pd)yv + (e+Pf)zw

Where:

a = O&M related fraction of unit flow charge.

b = Capital related fraction of unit flow charge.

c = O&M related fraction of unit COD charge.

d = Capital related fraction of unit COD charge.

e = O&M related fraction of unit SS charge.

f = Capital related fraction of unit SS charge.

P = The ratio of peak seasonal dry weather flow to average dry weather flow (PSDWF/ADWF).

Other terms in the expanded formula are as described for the universal formula in Section 22.230.120. (Ord. No. 2010-002, § 1, 2-1-10)

The public works director may classify dischargers by categories and establish a wastewater charge based upon average flow quality and flow quantity for members of the category adjusted by some commonly recognized parameter selected by the public works director that establishes the relative size of the discharge. (Ord. No. 2010-002, § 1, 2-1-10)

Charges shall be based on units of 1,000,000 gallons for flow and 1,000 pounds for COD and SS respectively. Unit charges shall be derived annually from budget estimates and projections of plant operating data for fiscal year in a continuing five-year revenue program as hereinafter described. (Ord. No. 2010-002, § 1, 2-1-10)

The total in dollars of expenditures for operation, maintenance and administration (“O&M”) of the sewerage system shall be apportioned among the three parameters at 34 percent for flow, 33 percent for COD and 33 percent for SS. Each apportioned sum shall be divided by the number of units of the related parameter in the total yearly flow for the system to give a unit cost for the O&M assignable to that parameter. (Ord. No. 2010-002, § 1, 2-1-10)

The theoretical annual recovery amount needed to replace the initial cost over the useful life of each process unit in all aboveground facilities shall be calculated and apportioned among the three parameters of flow capacity, COD capacity and SS capacity according to the design criteria, to establish the basis for allocation of the annual capital recovery pursuant to State Water Resources Control Board requirements. Interest expenses, additional amounts which may be required to fund capital improvements from current revenues and such other items which may, from time to time, be required including, but not limited to, the industrial cost recovery shall then be apportioned among the three parameters in proportion to the total of capital recovery amounts assigned to each. Each proportion of the budget total shall then be divided by the total annual design capacity for the relevant parameter to give a unit capital related cost assignable to that parameter. (Ord. No. 2010-002, § 1, 2-1-10)

The sum of O&M and the capital related unit costs for each parameter shall be the unit charge for that parameter. (Ord. No. 2010-002, § 1, 2-1-10)

All fees and charges made pursuant to the provisions of this chapter shall be assessed, paid, and collected, and funds applied according to the provisions of Sections 22.230.115 through 22.230.135. (Ord. No. 2010-002, § 1, 2-1-10)

Should measurements or other investigations reveal that the nondomestic discharger is discharging a flow rate, or a quantity of flow, COD or suspended solids significantly in excess of the quantities reported to the city by the discharger and upon which the treatment charge is based, the discharger shall be assessed for all delinquent charges together with any penalty and interest provided for in Sections 22.230.115 through 22.230.135. Before these charges are assessed, the volumes or concentrations shall be confirmed by at least two additional 24-hour composite samples and flow measurements shall be obtained by the city. All costs for these tests shall be paid by the discharger.

For the purpose of establishing the correct treatment charge, the data obtained by these measurements along with any other relevant information obtained by the city or presented by the discharger shall be used by the public works department in determining the quantity parameters for use in the sewerage service charge formula. A nondomestic discharger found in violation of monitoring and reporting requirements shall, in the absence of other evidence, be presumed to have been discharging at the highest parameter values determined over the preceding three years or subsequent to the previous city verification of quantity parameters, whichever period is shorter. (Ord. No. 2010-002, § 1, 2-1-10)