§ 53.21 RATES AND CHARGES.
   (A)   The governing body of the municipality shall establish and collect just and equitable rates, charges, and rentals for all services and benefits furnished by the system, which shall be sufficient to pay all costs for the operation and maintenance of the complete wastewater system. The costs shall be distributed to all users of the system in proportion to each user’s contribution to the total loading of the treatment works. Factors (such as strength biochemical oxygen demand and total suspended solids (BOD and TSS), volume, and delivery flow rate characteristics) shall be considered and included as the basis for the user’s contribution to ensure a proportional distribution of operation and maintenance costs to each user (or user class).
   (B)   The city or its 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 such 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.
   (C)   The city or its engineer shall determine for each user or user class the average daily volume of wastewater 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 such 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 engineer shall determine for each user or user class the average daily poundage of five-day, 20°C biochemical oxygen demand (BOD) discharged to the wastewater system which shall then be divided by the average daily poundage of all five-day BOD discharged to the wastewater system to determine such user’s BOD contribution percentage. The city or its engineer shall determine for each user or user class the average daily total suspended solids (TSS) poundage discharged to the wastewater system which shall then be divided by the average daily poundage of all TSS discharged to the wastewater system to determine such user’s TSS contribution percentage. The volume contribution percentage, BOD contribution percentage, and TSS contribution percentage for each user or user class shall be multiplied by the annual operation and maintenance costs for wastewater treatment of the total volume flow; total five-day, 20°C BOD; and TSS, respectively.
   (D)   The city or its engineer will assess a surcharge rate for all nonresidential users discharging wastes with BOD and TSS strengths greater than the average residential user. Such users will be assessed a surcharge sufficient to cover the cost of treating their above-normal strength wastes. Normal strength wastes are considered to be 300 ppm BOD and 300 ppm TSS.
   (E)   A reserve fund called the Wastewater Facilities Replacement Fund is established within the Wastewater Utility Fund for the purpose of providing sufficient funds to be expended for obtaining and installing equipment, accessories, and appurtenances during the useful life (20 years) of the wastewater treatment facilities necessary to maintain the capacity and performance for which such facilities are designed and constructed (see § 53.22).
   (F)   Wastewater charges shall be included with the water payment and collected with the regular monthly water bill. In cases of nonpayment of the rates or the surcharge within 30 days, the city shall promptly discontinue water service to such premises. In the event of the discontinuance of any such water service, the same shall not be resumed until payment of all past due water and sewer charges, including penalties thereon, and a charge of $20 or the resumption of service. Any claim for any unpaid rates, charges, or rentals which have been properly billed may be collected in a civil action against such owner or occupant in any court of competent jurisdiction.
   (G)   The city shall review the total annual cost of operation and maintenance as well as each user’s wastewater contribution percentage not less often than every two 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.
      (1)   The city shall apply excess revenues collected from a class of users to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
      (2)   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 City Council, 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)   Each user will be notified, at least annually, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
   (I)   Sewer rates and unsubsidized fees will be set by resolution of the City Council.
(Prior Code, § 13.16.080) (Ord. 92-3, passed - -; Ord. 01-22, passed - -; Ord. 10-8, passed 9-9-2010)