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§ 52.22 COLLECTION OF FEES AND MISCELLANEOUS POWERS.
   (A)   Fees levied pursuant to this code shall be collected by the Department.
   (B)   The Department shall enforce such rules and regulations the Council authorizes as for the safe, economical and efficient management and protection of the system; for construction and use of the sewers and connection to the sewer system and for the regulation, collection, rebating and refunding of such sewer fees.
(Prior Code, § 16-2-1)
SEWER FEES
§ 52.35 NECESSITY FOR CHARGES.
   It is hereby deemed necessary for the protection of the public’s health, safety and welfare that this system conform with federal, state and local laws and regulations. It is also necessary that a system of charges for sewer service be established which allocates the cost of providing sewer service to each user in such a manner that the allocated costs are proportionate to the cost of providing sewer service to that user, insofar as those costs can reasonably be determined.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009)
§ 52.36 CHARGES ESTABLISHED.
   (A)   Sewer charge categories will include, but are not limited to:
      (1)   Sewer system capacity fee;
      (2)   Sewer user deposit;
      (3)   Sewer use charges;
      (4)   Hook-up fees;
      (5)   Tap fees;
      (6)   Septage or scavenger waste fees;
      (7)   Industrial cost recovery fees;
      (8)   Administration fees (inspection, plan review and permits);
      (9)   Special assessments; and
      (10)   Delinquent charges.
   (B)   The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009)
§ 52.37 RATE ESTABLISHMENT PROCEDURES.
   (A)   Rates for each type of sewer charge and associated fees shall be reviewed periodically by the Department and/or the Town Manager. If the Department recommends changes to the fee structure, it shall issue a request to the Council with a recommendation for fee modification. The Council shall then act upon the recommendation in accordance with the A.R.S. § 9-511.01.
   (B)   The rate schedules adopted by the Council shall be based upon the following factors:
      (1)   Annual debt service charge for the retirement of project debt;
      (2)   The total applicable cost of salaries and benefits of employees engaged in providing sewer service;
      (3)   Applicable operating expenses, including parts, materials and services incurred in providing sewer service;
      (4)   Applicable equipment replacement costs necessitated by the provision of sewer service;
      (5)   Appropriate indirect costs of the Department and other town departments in rendering sewer related services, such as purchasing, accounting, billing and administration and insurance;
      (6)   Other pertinent factors as determined by the Town Manager and/or the Council;
      (7)   Any shortfalls of operating revenue in prior operating period(s); and
      (8)   Any reserve funds required by funding agencies.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009; Ord. 18-02, passed 5-8-2018)
§ 52.38 SEWER USE CHARGE; DETERMINATION OF PAYMENTS AND CHARGES.
   (A)   Charge.
      (1)   General. For the purposes of determining the sewer use charge, the charge shall be based upon equivalent residential units. Each contributor on the system shall be evaluated as to their flow contribution and set as their proportionate share of the equivalent residential unit. Sewer use charges shall commence when connection of the sewer line to the facility being served is no longer physically connected to the town sewer line. The service charge shall be collected from the property owner whether or not said unit is occupied during the building period or any period when the property is not occupied.
      (2)   Billing and payment. Sewer service charges in this section shall be billed and paid monthly. The applicant for the service, whether property owner or renter shall be required to pay a deposit equivalent to two months when sewer service is requested. If monthly payments are made on time for twelve months, the deposit will be refunded, upon written request, to the account holder.
      (3)   Rate schedule.
         (a)   The actual rates and categories will be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirement of A.R.S. § 9-511.01.
         (b)   Industrial rates shall be based upon volume of wastewater discharged and BOD and SS of the wastewater discharged. The actual rates and categories shall be set by resolution which may be amended from time to time. The rates shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.
   (B)   Sewer use charge; determination of payments and charges. A proportionate charge shall be made to all users who discharge wastewater, either directly or indirectly into the sewer system based upon equivalent residential units.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009; Ord. 15-08, passed 11-10-2015; Ord. 19-01, passed 2-12-2019)
§ 52.39 DETERMINATION OF WASTEWATER QUALITY.
   For industrial discharges, wastewater quality shall be determined from actual testing or from historical data, whichever is appropriate. The Council, on recommendation of the Town Manager, shall, as necessary, modify these determinations and/or revise classifications in a continuing attempt to maintain equitable charges for the service required.
   (A)   Testing by direct sampling, utilizing recognized field techniques, equipment and procedures shall be used for all industrial users. The BOD5 test shall be considered the standard test; however COD or TOC tests may be substituted in cases where it has been determined by the Wastewater Treatment Department that the BOD5 test is not representative of actual wastewater loading. Wastewater characteristics shall be determined by the Wastewater Treatment Department on the basis of monitored wastewater discharged, a certified statement from the user or on the best available data as to the characteristics of such discharges.
   (B)   Any change in the ongoing process(es) employed by a user contributing industrial waste which results in a variation of more than 25% in one or more of the effluent loading concentrations shall be reported to the Wastewater Treatment Department within 30 days of such change.
   (C)   If it is determined through testing that a significant variation exists between the user’s certified data and the discharge characteristics monitored by the Wastewater Treatment Department, the Department shall adjust the sewer use charge based on the monitored data from the original date of certification, unless written communication has occurred, notifying the Wastewater Treatment Department of changes in loading and giving specific dates of changes.
   (D)   Where sampling and gauging of a specific user is not practical for physical, economic, safety or other reasons, the Wastewater Treatment Department shall designate values for concentrations of the wastes discharged into the sewer system for all users in the same standard industrial classification or sub-classification.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009; Ord. 18-02, passed 5-8-2018)
§ 52.40 SEWER SYSTEM CAPACITY FEE.
   (A)   For the purpose of providing revenue to assist in the financing and to more equitably distribute the cost of the construction of necessary additions to the sewer system and the sewage treatment facilities, it is hereby determined and declared necessary to provide for the establishment, exaction and regulation of a sewer capacity charge as hereinafter determined, with such charge to be in addition to any and all other fees which shall be imposed with respect to the said sewer system.
   (B)   The funds received from the collection of such charge, as it is herein authorized, shall be deposited daily with the town who shall credit them to a special fund from which the Council may take appropriations for the payment of the cost and expense of the construction of the sanitary sewer system, pump stations and sewage treatment works and for the payment of the cost and expense of extensions to, or the enlargement of, same.
   (C)   The Department Director shall be and is hereby authorized and directed to charge and collect a sewer system capacity charge whenever:
      (1)   A sewer system agreement has been executed by the parties;
      (2)   Application is made for the issuance of a sewer permit to provide sanitary sewer service to a new structure;
      (3)   At the time an existing structure is enlarged or its use changes; or
      (4)   When an existing structure is removed and a new structure built and reuse is made of an existing sanitary sewer service or a new sanitary sewer service is constructed, where such property is or will be tributary, directly or indirectly to any sanitary sewer built by the town.
   (D)   Credit for any existing structure which has a use change, or for an existing structure enlarged or removed, may be applied against the system capacity imposed in the amount of the original structure charge up to, but not more than, the current charge.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009)
§ 52.41 TAP FEES.
   If a sewer tap is required to connect any building sewer or house sewer to the sewer system, a deposit for such tap shall be paid prior to the tap construction. The actual rates and categories shall be set by resolution which shall be amended from time to time. The rate shall be established in compliance with the public hearing requirements of A.R.S. § 9-511.01.
(Prior Code, § 16-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009)
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