This section applies to all Users unless the subsection specifically identifies one or more of the User Classes for specific regulation.
A. User Accounts.
Prior to discharging into the Public Sanitary Sewerage System, each User must establish a billing account. Invoices for User Fees will be issued by either the User's Water Company, if that company provides sewer billing services, or by the County or its billing agent.
1. Basis. The account billing will be based on the User Class Average until the User's WQA is available, or unless alternative data (see Section 13.24.200(D) Account Adjustments) acceptable to the Department is provided.
2. Activation Fee. Each new User will pay an activation fee to cover the administrative costs associated with initiating the new account. The activation fee amount is provided in § 13.24.600, Table 4.
3. User Class. Each User is responsible for verifying proper User Class designation upon receipt of initial billing or the first bill indicating a change in designation.
4. Private Well. Users served by a Private Well must provide notice to the Department of any change in User or Owner status.
5. Account Termination.
a. Termination through a Water Company. Users receiving sewer bills through a Water Company may terminate sewer service by providing notice either to the Water Company or the Department. Failure to provide timely notice will result in continued User Fee liability.
b. Termination through the Department. Users receiving sewer bills directly from the Department must terminate sewer service by providing notice to the Department. Failure to provide timely notice will result in continued User Fee liability.
c. Voided Billing. If the Department confirms that a property is not serviced by the Public Sanitary Sewerage System, the User account will be terminated and all outstanding User Fee bills will be voided.
B. User Fee Calculations.
All Users must pay a monthly User Fee for Sanitary Sewage collection, treatment, and disposal services provided through the Public Sanitary Sewerage System.
1. Residential Monthly User Fee Calculation. Each Residential User's monthly User Fee is calculated using the following formula:
Monthly Residential User Fee = S + (V x R) where:
S = Service Fee (in dollars)
V = Volume (in CCF)
R = Rate (dollars per CCF)
2. Non-Residential Monthly User Fee Calculation. Each Non-Residential User's monthly User Fee is calculated using the following formula:
Monthly Non-Residential User Fee = S + (V x SAR) where:
S = Service Fee (in dollars)
V = Volume (in CCF)
SAR = Strength Adjusted Rate = R x HS
R = Rate (dollars per CCF)
HS = Strength factor (from 13.24.600, Table 3)
3. Explanation of User Fee Calculation Factors.
a. Service Fee. The Service Fee is the same for most User Classes but may be reduced for certain qualified low income Users. Service Fees for all User Classes are provided in 13.24.600, Table 1. Criteria for applying for income-based reductions are found in 13.24.200(D)(1).
b. Volume. Volume is determined by one of the three following methods:
i. Water Use Metered by a Water Company. For most Users, the volumetric portion of the User Fee is based on the User's metered potable water usage data received from a Water Company. The metered water usage is seasonally adjusted for billing purposes by averaging water usage during the months of December, January, and February (the WQA) to account for landscaping irrigation during summer months.
ii. Unmetered Residential Users Connected to a Private Well. For Residential Users whose water usage is not metered by a Water Company, the User Class Average will serve as the Volume.
iii. Non-Residential Users Connected to a Private Well. This provision applies to all Non-Residential Users whose potable water use is not metered by a Water Company.
1) Metered Flow. Non-Residential Users whose potable water usage or potable water flow is metered using a privately-owned meter must annually report meter data to the Department on forms approved by the Director. At a minimum, data will include:
• User's full name and service address;
• Billing address, if different than service address;
• Phone number;
• Account number;
• Water Meter manufacturer and model number;
• Installation date;
• Location of meter;
• Water Meter readings for November, December, January, and February;
• Water Meter volume units, i.e., gallons or CCF.
a) Access. Department Inspectors will have access at all reasonable times to privately-owned potable water flow metering devices.
b) Meter Quality. Privately-owned potable water meters must be equal in quality and purpose to the meters or metering devices used for similar purposes by the City of Tucson Water Department and be maintained according to the manufacturer's specifications.
c) Certain industrial dischargers may, subject to the Director's discretion, install and operate a privately-owned wastewater flow measurement device provided the device and sewer hydraulic characteristics result in continuous and accurate flow measurement and the device is designed for and used in the municipal wastewater industry.
The Department will not purchase, install, maintain, or monitor Sanitary Sewage meters unless fully compensated by the User.
2) Unmetered Flow. For Non-Residential Users without a method to directly measure on-site water use or discharges to the Public Sanitary Sewerage System, the User Class Average will be used to calculate the User Fee unless alternative data acceptable to the Department is provided.
a) The Department reserves the right to measure either potable water usage volume or the Wastewater Volume and Strength and to use such measurements for billing purposes.
b) Department Inspectors will have access at all reasonable times to conduct flow monitoring and sampling.
c) Flow monitoring will be completed using Department standards.
d) Measured data will be used to calculate future User Fees beginning with the next monthly bill.
c. Rate and Strength Adjusted Rate.
i. Rate. The Rate is the same for most Residential Users but may be reduced for certain qualifying low income Users. The Rate is included in 13.24.600, Table 2.
ii. Strength Adjusted Rate (SAR). The Non-Residential User's SAR is a multiple of the Residential User Rate. It adjusts the Rate to account for the County's additional cost to manage Non-Residential Sanitary Sewage. The SAR is calculated by multiplying the Rate (R) times a Strength factor (HS). Strength factors for Non-Residential User Classes are determined by the Department from industrial averages and from direct monitoring of representative Non Residential User discharges. SAR values for all Non-Residential User Classes are included in 13.24.600, Table 3. The Department reserves the right to calculate a site-specific SAR at any time based on measured Wastewater Strength.
4. Director's Discretion. The Director, upon a finding that the methods enumerated in Chapter 13.24.200(B) do not reasonably reflect the average Volume discharge of a User Class, may establish a more accurate method and notify the affected Users.
5. False Data Penalty. Filing false data is subject to the penalties of A.R.S. § 39-161.
C. User Billing.
1. Payment Due. User Fees are due and payable at the Department's billing office no later than twenty (20) Days after the "service to" date on the bill.
2. Notification. At the beginning of each Fiscal Year, and in conjunction with a regular bill, each User will be notified annually of the Rate and Service Fee being applied to the User Class.
3. User Fee Changes. The changes in User Fee Rates and charges will be reflected in sewer User bills beginning with the first billing cycle after the effective date of the Ordinance or as determined by the dates referenced within the code changes.
4. Exclusion. Special Facilities are excluded from annual Rate notifications (See Section 13.24.400).
5. Sub-billings. Users charging a User Fee to a third party for services provided by the Department (such as landlords issuing User Fee sub-billings to tenants) must state the User Fee amount billed by the Department as a separate item on all sub-billings.
D. Account Adjustments.
1. Income Based Adjustments Available to Residential Users. Any Residential User whose current household income meets the following requirements may apply for a reduced User Fee. Income eligibility is subject to verification by the Department's agent during the application process.
a. Class 1A Income Adjustment. Any Residential User whose current household income is at one hundred (100) percent or less of the federal poverty level guidelines may apply for re-designation to User Class 1A.
b. Class 1B Income Adjustment. Any Residential User whose current household income is greater than one hundred (100) percent but is less than or equal to one hundred and twenty-five (125) percent of the federal poverty level guidelines may apply for re-designation to User Class 1B.
c. Class 1C Income Adjustment. Any Residential User whose current household income is greater than one hundred and twenty-five (125) percent but is less than or equal to one hundred and fifty (150) percent of the federal poverty level guidelines may apply for re-designation to User Class 1C.
d. Disclosure. To qualify for an income based adjustment, applicants must disclose all reportable income sources, including but not limited to: employment, interest, benefits, investments, rentals, businesses, and other support. False reporting or failure to comply with these reporting requirements may result in immediate termination of the low income status. Filing false data may also result in penalties under A.R.S. § 39-161.
e. Status Duration. Residential Users may qualify for an income based adjustment under a temporary or long-term status.
i. Temporary Status. Residential Users may be eligible for temporary status based on special circumstance such as proof of zero income, low-income, or unemployment benefits. Residential Users qualifying under a temporary status will have a valid adjustment for one (1) year following the approval by the authorized County agency. Users in this group must recertify and provide all necessary income documentation prior to the end of each qualifying year to remain eligible for the following year. Failure to recertify will result in automatic re-classification to User Class 1.
ii. Long-Term Status. Residential Users may be eligible for long-term status based on proof of fixed income from sources such as Social Security, Social Security Income, Social Security Disability Income, or a qualifying pension. Users qualifying for long-term status will have a valid adjustment for three (3) years following the approval by the authorized County agency. Users qualifying for long-term status must recertify and provide all necessary income documentation prior to the end of the third qualifying year to be eligible for the following three (3) years of income-based adjustments.
f. Reapplication Limit. There is no limit on the number of times a Residential User may re-apply for an income-based reduced Residential User Fee.
2. New Move-In. A one-time new move-in adjustment may be made to User Fees based on documentation of the first two full months' of actual metered water usage.
a. This adjustment is available when a new User demonstrates that the User Class Average is greater than the actual water use.
b. Other adjustments provided in this subsection D will not be made when a new move-in adjustment has been granted.
3. Winter Quarter Average. The Director may approve use of actual Volume data if the actual Volume data is lower than data used for the Winter Quarter Average calculation and:
a. All challenges to changes in Winter Quarter Average (WQA) must be submitted to the Department within sixty (60) Days of the User's receipt of the first invoice showing the billing changes.
b. The actual water usage for three (3) consecutive alternate months that are lower than December, January, and February is brought to the attention of the Department.
c. The alternative data must reflect the same Fiscal Year as the WQA calculations.
d. The WQA adjustment may be made for the Fiscal Year in question, from the date the data was received by the Department.
e. Any data for adjustments must be submitted annually for each Fiscal Year.
f. Other adjustments provided in this subsection D will not be made when a WQA adjustment has been granted.
4. Vacancy. A User may request an adjustment based on monthly vacancy information.
a. The User must provide thirty (30) Days prior notice of vacation, tenant vacancy, or other verifiable cause of non-occupancy resulting in no discharge to the sewer system.
b. Other adjustments provided in this subsection D will not be made when the vacancy adjustment has been granted.
5. Irrigation Flow
A User's bill may be reduced to reflect the volume of water, as measured by an Irrigation Meter that is consumed in outdoor irrigation or similar outdoor use. Subject only to the following exceptions, all Irrigation Meters must be installed, read, and reported by a Water Company.
a. Grandfathered Status Exception. Only Users operating privately-owned Irrigation Meters who submitted annual irrigation adjustments for the 2015-2016 Fiscal Year are eligible for grandfathered status. Eligibility is also subject to the following:
i. Operation Requirements. All Users operating Irrigation Meters in grandfathered status must comply with the following criteria:
1) Irrigation Meter Maintenance. The Irrigation Meter must be maintained according to the manufacturer's specifications.
2) Access. Department Inspectors will have access to Irrigation Meters and related water distribution lines at all reasonable times.
3) Replacement. Failed or inaccurate Irrigation Meters in grandfathered status must be replaced with an Irrigation Meters installed, read, and reported by a Water Company.
ii. Data Reporting. Grandfathered status Users must:
1) Have initially registered the User's name, and property owner's name, Irrigation Meter make and model number, and Irrigation Meter location with the Department.
2) Annually request adjustments on a Director-approved form by reporting the information specified in 13.24.200(B)(3)(iii).
iii. Forfeit of Grandfathered Status. A grandfathered User will forfeit the right to use a privately-owned Irrigation Meter if there is a:
1) Change in User or property ownership;
2) Failure to submit annual data by June 30th;
3) Failure to accurately read and provide data;
4) Failure to maintain the meter to manufacturer's specifications; or
5) Failure to comply with any other requirement of this subsection.
b. Volume Adjustments for Non-Residential User Classes. A User's Volume contribution may be adjusted from the WQA to one hundred (100) percent of the Wastewater flow measured by:
i. Direct Wastewater meter reading; or
ii. A combination of direct Wastewater flow meter readings and metered monthly water consumption; or
iii. Other acceptable methods approved by the Department.
c. The Director may, on a case-by-case basis, allow for use of privately-owned, non-residential Irrigation Meter if the User is a customer of a Water Company that does not install, read, and report Irrigation Meters. Users operating Irrigation Meters pursuant to this exception must comply with all requirements of the grandfathered status exception above.
6. Class Adjustments and Monitoring for Non-Residential Users. User Class re-designations may be made by the Department at any time based on COD, SS, or other identified constituent data which are reported to the Department by the User and form the basis for that User Class.
a. All challenges to changes in User Class must be submitted, in writing, to the Department within sixty (60) Days of the User's receipt of the first invoice showing the billing changes.
b. Verification. User submitted data is subject to County verification. Prior to completing a User Class re-designation pursuant to this subsection, the Department will obtain at least two (2) twenty-four (24) hour samples and flow measurements.
c. Detected Differences. If subsequent measurements or other investigations reveal that such User is discharging COD, SS, or other identified constituent data significantly in excess of that reported to the Department:
i. The Director may assess and reclassify such User according to the data obtained by the Department retroactive to the time of the User's latest data report.
ii. The Director may assess applicable delinquency charges, penalties, and interest as provided in 13.24.200 or in Chapter 13.36 of the Pima County Code.
7. Adjustments Available to Multi-Family Class. A Multi-Family User whose billing is based on WQA or the User Class Average may request an adjustment based on average monthly unit occupancy for the previous Fiscal Year.
a. The data may be used to derive an average annual percentage of unit occupancy by which the WQA consumption determination will be adjusted.
b. The User will provide verifiable occupancy data for every month of the previous Fiscal Year.
c. The occupancy data will be filed within sixty (60) Days after receipt of a bill reflecting a new User Fee or User Class.
d. The data may be used to adjust only the applicable Fiscal Year.
e. Any adjustment will be subject to a reporting schedule, verification procedures, or other conditions of service required by the Department.
8. Measured Volume Primacy. The Department bases billing on estimated discharge volumes. The Department may, at any time, use measured discharge Volume in place of estimates when calculating User Fees.
9. Penalties for False Data. A User filing false data is subject to the penalties of A.R.S. § 39-161.
E. Securing User Account Payment.
1. Overdue Accounts.
a. Overdue Accounts. For sewer only accounts:
i. Unpaid User Fees are overdue after thirty (30) Days from the "service to" date on the User Fee bill.
ii. Overdue Fee. If the unpaid balance is not paid within ten (10) Days from the date of the overdue notice, an Overdue Fee will be assessed and the Director may take appropriate legal actions to ensure that the delinquency is paid. The Overdue Fee is provided in 13.24.600, Table 4.
b. Deposits. The Director may require a User Fee deposit to ensure payment. The amount of the deposit will not exceed the User's estimated User Fee for the following twelve months.
F. Unauthorized Use of Sanitary Sewer.
1. Determination. Unauthorized Users of the Sanitary Sewer may be identified by dye test, physical connection, CCTV, or a preponderance of evidence such as existing connection permits, pretreatment inspections, pretreatment permits, or other reasonable methods.
2. Responsibility for Fees. If testing or other evidence indicates a property is connected to the public sewer system, the Unauthorized User is responsible for any unpaid fees for the connection and discharge into the public sewer system. For purposes of this subsection (F), the term Unauthorized User means: (i) the person(s) identified by a Water Company as a customer for water service to the property; or (ii) if there is no established water account, the person(s) discharging to the public sewer from the property. If the Unauthorized User is not the owner of the property and the Unauthorized User does not pay any of the outstanding User Fees and interest, the owner of the property is responsible for the unpaid balance.
a. User Fees. Unauthorized users will be billed past user fees based on: (i) the actual water flow as metered by a Water Company; or (ii) if actual data from a Water Company is unavailable, the appropriate yearly user class average during either the prior two year period or the period subsequent to the connection date.
b. Interest. Interest will be assessed on the recovered amount at a rate of prime plus one percent per year.
c. The director retains the right to:
i. Pursue, for cause, the collection of user fees for a period greater than two years. The collection of past user fees may extend to the connection date, or to June 30, 1979.
ii. Waive all or part of the unpaid user fees based on undue hardship such as for those used to qualify for an income based billing adjustment in Section 13.24.200(D)(1).
d. Establishment of Connection Date. If evidence, such as a user account for the property, exists, the date of connection is presumed to be the date supported by the evidence. If a connection date cannot be established, the department will utilize the Unauthorized User's first date of possession of the property as the connection date.
3. User Fee Recovery.
a. Fees. If a property is found to be connected to the public sanitary sewerage system, and there is no user account associated with that property, the Unauthorized User will be billed an account activation fee, an unauthorized use recovery fee, and past due monthly user fees. These administrative fees are provided in Section 13.24.600, Table 4. If the Unauthorized User is not the owner of the property and the Unauthorized User does not pay any of the outstanding User Fees and interest, the owner of the property is responsible for the unpaid balance.
b. Fines or Action. Non-residential unauthorized users are subject to relevant fines or action specified under Chapter 13.36, Industrial Wastewater Ordinance for any violation of that portion of the Pima County Code.
4. Legal Action Fee and Cost Recovery.
a. Interest. For delinquent charges that require legal action for collection, Interest will be assessed on all past due amounts at a rate of prime plus one (1) percent per year from the date of the delinquency.
b. Lien and Judicial Action. Pursuant to A.R.S. § 11-264, the County may file a lien on a property for the nonpayment of User Fees. The County may also, pursuant to its general authority, pursue judicial enforcement for nonpayment of User Fees. The County reserves the right to take either action at any time if the payment of the fees are delinquent for more than ninety (90) Days.
c. Sale. The County, at its discretion, may seek a judicial judgment of foreclosure and order of sale to enforce its lien.
G. Dye Testing
1. Determining Whether Property is Connected to the Public Sewer System. Where the Department does not have a record of an inspected Sanitary Sewer connection permit for a property, a dye test may be performed at either the Department's or the User's request.
a. For User Fee Disputes
i. If the dye test is requested within sixty (60) Days of the recipient's initial billing date, the dye test will be performed at the expense of the Department, but
ii. If the dye test is requested after said sixty-Day (60-Day) period, the dye test will be performed at the expense of the requester. Fees for dye testing are provided at § 13.24.600, Table 4.
b. For Confirmation During Property Transfer. Owners or potential purchasers (or their agents) may request a Department-performed dye test to confirm connection of a property to the Public Sewer System. Fees for dye testing are provided at § 13.24.600, Table 4 and must be paid prior to testing.
c. Multiple Dye Tests. In some situations, multiple dye tests may be required. Fees for multiple dye tests are provided in 13.24.600, Table 4 as related to the connection to the Public Sanitary Sewerage System. The Department will perform multiple dye tests when the testing can be performed with the following constraints:
i. When the dye tests can be performed within a single service visit;
ii. A single requestor (representing a single owner) is requesting the dye test; and
iii. There are two or more units located on a single property, or are on properties that are contiguous.
d. Department Initiated. The Department may, at its own cost and with the owner's permission, perform a dye test or CCTV for connection verification in order to clarify User Fee and billing status.
e. CCTV. At the discretion of the Director, a CCTV inspection may be required in conjunction with a dye test. When film is available, the Department may review CCTV film in lieu of a full CCTV inspection. CCTV fees are provided in 13.24.600, Table 4.
H. User Protest.
1. Submission. Any User may, within sixty (60) Days after receipt of a bill reflecting a new WQA, User Class designation, or an Unauthorized Use Fee may protest, in writing, to the Director requesting a review of the change. Written protests will include itemized objections and will include all necessary documentation in support of the objections.
2. Failure to Make Timely Protest. Failure to protest within sixty (60) Days following receipt of a bill precludes any adjustment or refund for payments made for the period prior to the date of protest.
3. Burden of Proof.
a. Users will have the burden of showing that any or all of the computations were erroneous, misapplied, or based on substantive proof of alternate normal water consumption for the previous Fiscal Year.
b. The Department reserves the right to conduct monitoring to verify the User's claim. Monitoring conducted by the Department at the User's request will be at the User's expense.
c. Protest of unauthorized use for older connections
4. Director's Proceedings.
a. Rules. The Director may propose rules applicable to protest proceedings. The Director may adopt standards for measuring the applicability of established fees and monthly discharge factors for the protesting User.
b. Findings. The Director, upon finding that a User's protest is justified, will adjust the established User Fee or User Class designation and make equitable reimbursements for overpayments and, consistent with the limitations of this chapter.
c. Adjustments. The adjustments based on the Director's findings may require either account adjustments to the User from the County, or additional payments by the User to the County.
i. Account Adjustments. Account adjustments by the County to Users will be made within sixty (60) Days of the protest resolution.
ii. Payment. Upon protest resolution, the User will have thirty (30) Days to pay the amount due to the County.
I. Cost Recovery for Nonstandard Events.
1. Residential Misuse of a Sewer Connection. The County reserves the right to reclassify a Residential User to Non-Residential User status and assign an applicable Strength Adjusted Rate to the User if monitoring or other reliable and verifiable information exists indicating the User is discharging Wastewater to the Public Sanitary Sewerage System that is inconsistent with Residential Strength Sanitary Sewage.
2. Hazardous Waste and Prohibited Substances. In addition to any User Fees established by this chapter, a User who is detected discharging any Hazardous Waste or any other prohibited substance into the Public Sanitary Sewerage System in violation of Chapter 13.36 of the Pima County Code will be subject to the increased cost of the treatment of the prohibited discharge. This provision will not preclude the Director from imposing the additional penalties provided in Chapter 13.36 of the Pima County Code.
3. Sanitary Sewer Overflow Cost Recovery. The County reserves the right to recover the Department's cost of remediating sewer impacts to public property resulting from User-caused sanitary overflows.
(Ord. 2016-69 § 1, 2016; Ord. 2016-29 § 1 (part), 2016)