A. Purpose: The purpose of this Chapter shall be to generate sufficient revenue to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the wastewater system in proportion to each user's contribution to the total loading of the treatment works. Factors such as strength (BOD and SS), volume, and delivery flow rate characteristics shall be considered and included as the basis for the user's contribution to insure a proportional distribution of operation and maintenance costs to each user (or user class).
B. Determining the Total Annual Costs of Operation and Maintenance: The City, or its City Engineer, shall determine the total annual costs of operation and maintenance of the wastewater system which are necessary to maintain the capacity and performance during the service life of the treatment works, for which works were designed and constructed. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests, and a reasonable contingency fund for emergencies and capital improvements program.
C. Determining Each User's Wastewater Contribution Percentage: The City, or its City Engineer, shall determine each user's average daily volume of wastewater, which has been discharged to the wastewater system, which shall then be divided by the average daily volume of all wastewater discharged to the wastewater system, to determine each user's volume contribution percentage. The amount used as the total average daily volume of wastewater shall exclude infiltration and inflow. The City, or its City Engineer, shall determine each user's average daily poundage of five (5) day twenty degree (20o) Centigrade biochemical oxygen demand (BOD) which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all five (5) day BOD discharged to the wastewater system to determine each user's BOD contribution percentage.
The City, or its City Engineer, shall determine each user's average suspended solids (SS) poundage which has been discharged to the wastewater system which shall then be divided by the average daily poundage of all suspended solids discharged to the wastewater system, to determine the user's suspended solids contribution percentage. Each user's volume contribution percentage, BOD contribution percentage and suspended solids contribution percentage shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow, of the total five (5) day twenty degree (20o) Centigrade BOD and of the suspended solids respectively.
D. Determining a Surcharge System for Users With Excess BOD and SS: The City, or its City Engineer, will determine the average suspended solids (SS) and biochemical oxygen demand (BOD) daily loadings for the average residential user. The City, or its City Engineer, will assess a surcharge rate for all nonresidential users discharging wastes with BOD and SS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the costs of treating such users' above normal strength wastes. Normal strength wastes are considered to be two hundred (200) p.p.m. BOD and two hundred fifty (250) p.p.m. SS. The surcharge rate structure for such above normal strength waste discharge is set forth in subsection I of this Section. (Ord. 81-11, 12-2-81)
E. Determining Each User's Wastewater Service Charge: Each nonresidential user's wastewater treatment cost contributions as determined in subsections B and C of this Section shall be added together to determine such user's annual wastewater service charge. Residential users may be considered to be one class of user and an equitable charge may be determined for each user based upon an estimate of the total wastewater contribution of this class of user. The residential user rate for the calendar year shall be fixed at the average cost to the user based on the average water usage during the months of January, February and March. The monthly average residential usage during January, February and March has been determined to be seven thousand two hundred thirty two (7,232) gallons. The governing body may classify industrial, commercial and other nonresidential establishments as a residential user, only upon the nonresidential user requesting that his usage be reviewed and provided that the wastes from these establishments are equivalent to the wastes from the average residential user with respect to volume, suspended solids and BOD. Each user's wastewater treatment cost contribution will be assessed in accordance with the rate schedule in subsection J of this Section. (Ord. 93-5, 8-3-93)
F. Payment of the User's Wastewater Service Charge and Penalties: The City shall submit an annual statement to the user for the user's annual wastewater service charge or one-twelfth (1/12) of the user's annual wastewater service charge may be included with the monthly water and/or wastewater utility billing. All accounts shall be due and payable fifteen (15) days after the billing date. The City may discontinue service to any customer for violation of rules or for non payment of bills after diligently attempting to induce the customer to comply with its rules or to pay his bills. Service shall be discontinued after seven (7) days' written notice that the utility bill is ten (10) or more days delinquent.
The City shall not discontinue service to any consumer for violation of rules or for nonpayment of bills, without first having tried diligently to induce the consumer to comply with its rules or to pay outstanding bills. A record of these efforts shall be maintained by the City.
The City shall not terminate service to any consumer unless written notice is first sent by first class mail to the consumer that the bills are fifteen (15) or more days delinquent, or that the violation of the rules must cease. If no response to the first notice is received within ten (10) days of mailing, the City shall send a second notice by certified mail, or personally serve the customer, at least ten (10) days prior to the proposed termination. If no response to the second notice is received within ten (10) days of mailing or service, the City shall leave written notice in a place conspicuous to the consumer, that service will be terminated on the next business day unless the delinquent charges have been paid or the violation of the rules have ceased.
The City shall assess a reconnection charge of one dollar ($1.00) before wastewater service is recontinued.
All disconnections shall be performed by the City between the hours of eight o'clock (8:00) A.M. and noon and the City shall not discontinue service on a Friday, Saturday, Sunday or a day prior to a holiday, except in the case of an emergency.
G. Review of Each User's Wastewater Service Charge: The City shall review the total annual costs of operation and maintenance as well as each user's wastewater contribution percentage not less than every two (2) years and will revise the system as necessary to assure equity of the service charge system established herein and to assure that sufficient funds are obtained to adequately operate and maintain the wastewater treatment works. If a significant user, such as an industry, has completed in-plant modifications which would change that user's wastewater contribution percentage, the user can present at a regularly scheduled meeting of the government body, such factual information and the City shall then determine if the user's wastewater contribution percentage is to be changed. The City shall notify the user of its findings, as soon as possible.
H. Notification: Each user will be notified, at least annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services. (Ord. 81-11, 12-2-81)
I. Surcharge Rate Structure for Above Normal Strength Wastes: The City, or its City Engineer, shall determine the average total suspended solids (SS) and five (5) day biochemical oxygen demand (BOD) loadings for the average residential user or in lieu of such a determination will consider the average residential strength wastes to be two hundred (200) mg/l BOD and two hundred fifty (250) mg/l SS. The City Engineer shall assess a surcharge rate for all nonresidential users. The surcharge will be sufficient to cover the costs of treating such users' above normal strength wastes. Such users shall pay an additional service charge of one dollar thirty eight cents ($1.38) per one thousand (1,000) gallons for each twenty five (25) mg/l over two hundred (200) mg/l of BOD and sixty seven cents ($.67) per one thousand (1,000) gallons for each twenty five (25) mg/l over two hundred fifty (250) mg/l SS.
J. Rate Schedule: Residential users are considered to be one class of user and are assessed a charge of ten dollars twelve cents ($10.12) per month. Nonresidential users with flow no greater than the average residential user's flow of seven thousand two hundred thirty two (7,232) gallons per month and with BOD and SS no greater than the average residential user's strength of two hundred (200) mg/l SS shall pay the same charge of ten dollars twelve cents ($10.12) per month as the average residential user.
Nonresidential users with volumes greater than the average residential user shall pay an additional charge of $0.4120 per one thousand (1,000) gallons per month for all flows greater than the average residential user's flow of seven thousand two hundred thirty two (7,232) gallons per month.
Any nonresidential user with BOD and SS greater than the average residential user's strength of two hundred (200) mg/l and two hundred fifty (250) mg/l SS, shall pay a surcharge in accordance with the rates shown in the surcharge rate structure. (Ord. 88-3, 5-3-88)
K. Reduction in Charges, Supply Line Leak: If a user of the City's water system and wastewater disposal system experiences a leak due to a supply line break and excluding leaks from plumbing fixtures, and said supply line leak and cause thereof are proved by clear and convincing evidence to the satisfaction of the City Council, the City Council may, upon the user's written request, deduct a portion of the wastewater system charge from the City bill that includes sewer charges calculated on the amount of water leaked. The portion of the wastewater system charge that may be deducted is to be based on the difference between the user's water usage during that same period of the previous calendar year. Each request for a reduction due to a supply line leak shall be decided on a case by case basis. (Ord, 90-3, 3-6-90, eff. retroactive to 11-15-89)