Chapter 12.09
USER CHARGE SYSTEM Revised 7/24
Sections:
12.09.010 Levy of user charges.
12.09.015 User classes and ERUs.
12.09.020 Charge per user class.
12.09.025 Appeal for incorrect assignment.
12.09.030 Reassignment of user.
12.09.040 Cost per ERU. Revised 7/24
12.09.055 Surcharge for excess flow.
12.09.060 Septic sewage, recreational vehicle park wastes and recreational vehicle wastes.
12.09.065 Industrial cost recovery (ICR).
12.09.075 Rendering and payment of bills.
12.09.095 Designated agent of owner – Definition.
12.09.110 Deposition of funds.
12.09.120 Complaint and billing disputes.
12.09.125 Appeal of special user ERU determinations.
12.09.010 Levy of user charges.
User charges shall be levied on all users of the public treatment works, which charges shall cover the cost of operation and maintenance, debt service, taxes, and other administrative costs of such treatment works. The user charge system shall distribute these costs in proportion to each user’s contribution to the wastewater loading of the treatment works. (Ord. 930 § 2, 1980)
12.09.015 User classes and ERUs.
All users shall be classified in such manner that all members of a class discharge approximately the same volume of wastewater per residence, facility, or other appropriate unit.
To each user class there shall be assigned a number of equivalent residential units (ERUs), as defined in KMC 12.01.010, for each appropriate unit, and this number of ERUs shall represent the ratio of the costs incurred due to wastes from the unit to the costs incurred due to wastes from the average single-family residence. (Ord. 930 § 2, 1980)
12.09.020 Charge per user class.
The charge per appropriate unit is established as provided in this title in proportion to the approximate volume of wastes discharged from that unit in order that each user pays their proportionate share of the cost associated with the treatment works. The minimum charge, however, for any sewer user account shall be one ERU per month. (Ord. 1080 § 9, 1986; Ord. 930 § 2, 1980)
12.09.025 Appeal for incorrect assignment.
Should any user believe he has been incorrectly assigned to a particular user class, or number of ERUs, such user may apply for review of his user charge as provided in KMC 12.09.120. (Ord. 930 § 2, 1980)
12.09.030 Reassignment of user.
Notwithstanding any other provision herein, in the event the DPW determines that a user is incorrectly assigned to a user class or number of ERUs, the DPW shall reassign the user a more appropriate user class or number of ERUs and shall notify that user of such reassignment. (Ord. 930 § 2, 1980)
12.09.035 Records.
All records of assigned rates and any assigned wastewater volumes to user and user classes as well as the wastewater characteristics forming the basis of the ERU determinations shall be kept on file by the city and shall be open for public inspection. (Ord. 930 § 2, 1980)
12.09.040 Cost per ERU. Revised 7/24
The use charge shall be calculated by multiplying the total number of ERUs for each user by a constant cost factor. This cost factor is fixed at $58.97, and such amount shall remain the ERU cost factor until such time as the cost factor is revised as provided for in KMC 12.09.070. (Ord. 1991 § 1, 2024; Ord. 1887 § 1, 2019; Ord. 1871 § 1, 2018; Ord. 1807 § 1, 2016; Ord. 1785 § 1, 2015; Ord. 1742 § 1, 2014; Ord. 1714 § 1, 2013; Ord. 1691 § 1, 2012; Ord. 1666 § 1, 2011; Ord. 1456 § 1, 2002; Ord. 1412 § 1, 1999; Ord. 1386 § 1, 1998; Ord. 1360 § 1, 1997; Ord. 1342 § 1, 1996; Ord. 1329 § 1, 1996; Ord. 1289 § 1, 1994; Ord. 1176 § 1, 1989; Ord. 1080 § 10, 1986; Ord. 930 § 2, 1980)
12.09.045 Rate schedule.
(a) The rates for individual domestic sewer service, including residences, apartments, trailers, and mobile homes, not otherwise included in subsection (b) or (c) of this section, shall be 1.0 ERU per dwelling unit per month.
(b) Apartments shall be charged the following rates if the entire sewer service is billed to and paid by one customer, whether the entire sewer service is used or not:
|
ERUs per Dwelling Unit per Month |
|
|---|---|
|
1 to 4 apartments: |
1.0 |
|
5 to 24 apartments: |
0.9 |
|
25 and over apartments: |
0.75 |
(c) Business and miscellaneous sewer service not otherwise included in subsection (a) or (b) of this section shall be charged a base rate of 1.0 ERU, plus applicable user class charges, plus any applicable line charges. The following line charge shall be made where the water service line is one inch inside diameter or larger. Water service lines shall not include lines dedicated exclusively to fire hydrants or sprinkler fire protection systems.
|
Size of Water Service Line |
ERUs per Month |
|---|---|
|
1 inch |
0.65 |
|
1-1/4 inch |
2.00 |
|
1-1/2 inch |
3.80 |
|
2 inch |
7.00 |
|
2-1/2 inch |
10.94 |
|
3 inch |
16.35 |
|
4 inch |
27.80 |
In addition to the base rate of 1.0 ERU, and any applicable line charge, the following user class charges shall be added each month for the user classes enumerated:
|
User Class |
ERUs Unit |
|---|---|
|
1. Bakery |
1.5 |
|
2. Bar, tavern cocktail lounge. See also Note 3 if applicable. |
|
|
– including a wash and rinse tank, or mechanical dishwasher, and the first 40 chairs, stools or seats |
1.0 plus Note 3 if applicable |
|
– per additional set of wash and rinse tanks or dishwasher |
0.7 |
|
– each additional chair, stool or seat |
0.025 |
|
3. Barber shop – per barber chair |
0.55 |
|
4. Beauty shop, hair styling salon – per basin |
0.55 |
|
5. Bowling alley. See also Note 3. |
The rate plus Note 3 if applicable |
|
– per bowling lane |
0.05 |
|
6. Carwash |
1.5 |
|
7. Church |
|
|
– without kitchen |
The rate |
|
– with kitchen |
1.35 |
|
8. Clubs, lodges, labor or similar organizations |
|
|
– without kitchen facilities |
1.35 |
|
– with kitchen facilities |
2.70 |
|
9. Delicatessen, coffee shop or similar facility (i.e., using disposable dinnerware) and includes the first 5 chairs, stools or seats |
0.33 |
|
– per seat occupancy over five |
0.02 |
|
10. Docks, harbors, marinas for small boats (sewage pump-out facility to municipal sewer) |
The rate per service line |
|
11. Dormitories/bunkhouse (2 or more beds/room) and includes the first 25 beds. See also Note 2. |
2.62 plus Note 2 if applicable |
|
– per additional bed |
0.1 |
|
– kitchen and laundry facilities |
At the appropriate kitchen or laundry rate |
|
12. Drycleaners |
|
|
– without laundry facilities |
The rate |
|
– with laundry facilities |
Per machine at the appropriate laundry rate |
|
13. Garage, service station, car lots, or similar facility |
|
|
– without wash facilities |
1.0 |
|
– with wash facilities |
1.5 |
|
14. Supermarket, grocery store, convenience store, or similar facility. See also Note 3. |
Plus Note 3 if applicable |
|
– without meat market or bakery |
The rate |
|
– with an in-store bakery, meat market, or delicatessen |
At the appropriate bakery, meat market or delicatessen rate |
|
– per full-time employee in excess of 5 |
0.03 |
|
15. Hospital, assisted living establishment, nursing home, or similar facility |
|
|
– per patient, client or resident bed |
0.17 |
|
– per full-time employee in excess of 5 |
0.03 |
|
– kitchen and laundry facilities |
At the appropriate kitchen or laundry rate |
|
16. Hotel, motel, inn, bed and breakfast, or similar facility. |
Plus Note 3 if applicable |
|
– per room |
0.17 |
|
– per full-time employee in excess of 5 |
0.03 |
|
– kitchen and laundry facilities |
At the appropriate kitchen or laundry rate |
|
17. Laundry, commercial or self-service. See also Note 2. |
Plus Note 2 if applicable |
|
– 18 lb. capacity or less, per machine |
0.33 |
|
– 19 to 50 lb. capacity, per machine |
0.7 |
|
– over 50 lb. capacity, per machine |
1.0 |
|
– with dry cleaning facilities |
At the dry cleaning rate |
|
– with public showers |
At the appropriate public shower rate |
|
18. Mall or building with multiple retail shops and offices (accessible from a common central passageway). See also Note 3. |
Plus Note 3 if applicable |
|
– per shop |
0.33 |
|
19. Meat market |
1.0 |
|
20. Medical, dental practice, or other similar facility |
0.5 |
|
21. Business offices, professional, wholesale and retail buildings, or other similar facility (accessible from a separate entrance opening onto public parking or right-of-way). See also Note 3. |
Plus Note 3 if applicable |
|
– per full-time employee in excess of 5 |
0.03 |
|
22. Seasonal business (operated less than 6 months per year). |
|
|
– per employee (prorated on the basis of a 40-hour workweek) |
0.03 |
|
23. Park with restrooms |
Base rate only |
|
24. Public showers, per shower |
0.33 |
|
25. Restaurant (using nondisposable dinnerware) and including the first 5 chairs, stools, or seats |
|
|
– per seat occupancy greater than 5 |
0.08 |
|
– per mechanized dishwasher |
0.33 |
|
26. Schools, per student |
|
|
– elementary (K – 6 grades) |
0.03 |
|
– secondary (7 – 12 grades) |
0.04 |
|
– college |
0.03 |
|
– per full-time employee in excess of 5 |
0.03 |
|
– gym showers |
No additional charge |
|
– per mechanized dishwasher |
0.33 |
|
27. Swimming pool |
The rate |
|
28. Theater or cinema |
1.0 |
|
29. Trailer court, RV park, or similar facility, per individual trailer, mobile home, etc. |
At the individual domestic sewer service rate |
NOTE 1: “The rate” term used in conjunction with the service classes listed above refers to the sum of the base monthly rate and the service line demand charge. There is no additional charge for the class of service.
NOTE 2: The dormitories, laundries, and restaurant facilities provided by the fish processors to their employees on a seasonal basis shall be prorated on the basis of the number of months that these facilities are in use and the number of employees using them, and shall hereafter apply to all such dormitories, laundries, and restaurant facilities regardless of past practices.
NOTE 3: Additional for other facilities such as restaurant, delicatessen, kitchen, bar beverage dispenser, etc., at the applicable charge for each facility shall apply.
NOTE 4: Terms. The above rates are based on a 12-month continuous service except for all schools whether public, private, or religiously supported. The rate computation for all schools is based upon nine months’ service unless summer school classes also occur at a particular facility.
The charges for users with a combination of user classes shall be the sum of the ERUs for each class.
(Ord. 1909 §§ 7, 8, 2020; Ord. 1560 § 1, 2006; Ord. 1539 § 1, 2006; Ord. 1342 § 2, 1996; Ord. 1085 § 1, 1986; Ord. 1080 § 11, 1986; Ord. 930 § 2, 1980)
12.09.050 Special users.
Any user which is not classified by virtue of the volume of his wastewater in any of the above user classes shall be considered a special user. If the strength of such wastes is not significantly different from that of normal household wastes, such user shall be placed in the open class and shall be assigned the appropriate wastewater volume. If the wastewater strength is significantly different from that of normal household waste, a special charge based on both volume and strength shall be assigned to that user by the DPW in accordance with the following formula:
|
Quantity/Quality Formula: Cu = VcVu + BcBu + ScSu + Pcpu |
|
|
Where: Cu = A user’s charge for operation and maintenance per unit of time |
|
|
|
Vc = Operation and maintenance cost for transportation and treatment of a unit of wastewater volume |
|
|
Vu = Volume contribution from a user per unit of time |
|
|
Bc = Operation and maintenance cost for treatment of a unit of biochemical oxygen demand (BOD) |
|
|
Bu = Total BOD contribution from a user per unit of time |
|
|
Sc = Operation and maintenance cost for treatment of a unit of suspended solids |
|
|
Su = Total suspended solids contribution from a user per unit of time |
|
|
Pc = Operation and maintenance cost for treatment of a unit of any pollutant |
|
|
Pu = Total contribution of any pollutant from a user per unit of time |
(Ord. 930 § 2, 1980)
12.09.055 Surcharge for excess flow.
The surcharge for excess flow shall be proportional to the excess flow divided by the allowable base, which may be adjusted from time to time, when computed on a weekly basis with no credit given for weeks under the base flow and shall be as follows:
|
f2 – f1 |
|
|
summation of A for weeks of flow greater than base flow |
|
|
summation of number of weeks greater than base flow |
|
|
|
where f1 = beginning total flow |
|
|
f2 = end total flow |
|
|
A = allowable (base) flow |
(Ord. 930 § 2, 1980)
12.09.060 Septic sewage, recreational vehicle park wastes and recreational vehicle wastes.
(a) Charges for dumping septic tank, pit toilet, portable toilet, recreational vehicle park wastes and recreation vehicle wastes at designated dumping locations shall be based on the total capacity of each tank. Such charges shall cover the costs of operation, maintenance and administration of the treatment works and any appropriate local capital costs allocable to the treatment of these wastes. The charge for such service shall be:
(1) For dumping septic tank, pit toilet, portable toilet and recreational vehicle park wastes: 0.125 ERU for each 100 gallons or less of tank capacity;
(2) For dumping recreational vehicle wastes:
(A) $5.00 for each 100 gallons or less of tank capacity. (Ord. 1560 § 2, 2006; Ord. 1346 § 1, 1996; Ord. 1085 § 2, 1986; Ord. 930 § 2, 1980)
12.09.065 Industrial cost recovery (ICR).
At such time as industrial wastes, as defined under Section 35.905-8 of the Environmental Protection Agency (EPA) Construction Grant Regulations 40 CFR Part 35, are discharged into the facilities constructed under EPA Grant C-020053, the city shall develop and adopt an ICR system acceptable to the EPA. This ICR system shall comply with the requirements of PL 92-500 and all regulations and guidelines pertaining thereto. (Ord. 930 § 2, 1980)
12.09.070 Charge review.
The sewer user charges established in KMC 12.09.045 shall, as a minimum, be reviewed annually and revised periodically by the city council to reflect the actual costs of operation, maintenance, replace-
ment, and financing of the treatment works and to maintain the equitability of the user charges with respect to proportional distribution of the costs of operation and maintenance in proportion to each user’s contribution to the total wastewater loading of the treatment works. (Ord. 930 § 2, 1980)
12.09.075 Rendering and payment of bills.
(a) Billings for sewer user charges shall be rendered on a monthly basis, or as are otherwise provided under applicable rate schedules. Bills shall be mailed to the customer at the address shown on the applicable city records and are due and payable not later than 25 days after the billing date shown on the bill. Such bills are the first notice to the customer that the amount shown is due and payable and the bill and charges shall become delinquent if not paid within 25 days after the billing date.
(b) Sewer user charges for residences, buildings or other structures that are occupied or otherwise in use on June 16, 1986, and which are either connected to the public sewer, or required to connect to the public sewer under KMC 12.04.010, shall become effective and commence to accrue as follows:
(1) Charges for residences, buildings, and structures which are connected as of June 16, 1986, shall become effective and commence to accrue as of that date.
(2) Charges for residences, buildings, and structures that are not connected as of June 16, 1986, shall become effective and commence to accrue when such residence, building, or structure is connected to the sewer system, or upon expiration of 90 days after the date the city gives written notice that such residence, building, or structure is required to be connected to the sewer system, whichever date occurs first.
(c) Sewer user charges for residences, buildings and other structures which are vacant and unoccupied on June 16, 1986, but are connected to the public sewer, or which are required to connect to the public sewer under KMC 12.04.010, shall become effective and commence to accrue upon first occupancy.
(d) Sewer user charges for residences, buildings, and structures constructed after June 16, 1986, on lots or property within 300 feet of a public sewer and which are required under KMC 12.04.010 to connect to a public sewer shall become effective and commence to accrue upon first occupancy.
(e) Sewer user charges for residences, buildings, and structures on lots or property within 300 feet of a newly constructed public sewer and which are required under KMC 12.04.010 to connect to a public sewer shall become effective and commence to accrue upon connection or upon expiration of 90 days after the date the city gives written notice that such residence, building or structure is required to be connected to the sewer system, whichever date occurs first.
(f) When a residence, building or structure is vacated and water service is terminated the sewer user charges for such residence, building or structure will also be terminated until water service is restored and the residence, building, or other structure occupied. (Ord. 1080 § 12, 1986; Ord. 930 § 2, 1980)
12.09.080 Delinquent charges.
(a) Charges not paid within 25 days after the date of the billing are delinquent and subject to a late payment charge. The late payment charge shall be five percent of the amount of the sewer charges for the month delinquent. The five percent late payment charge only applies to the service charges for the sewer services rendered for the month being billed, excluding the amount of any prior late payment charges, and not to the full balance owed. Accounts which are not on a special credit arrangement will receive a past due (delinquent) notice incorporated into the bill for the following month. Failure to receive mail is not a valid reason for nonpayment of the bill. Upon receipt of the delinquent notice the customer shall either pay the amount due or make acceptable payment arrangements with the city finance department.
(b) The owner of property regarding which sewer charges are due and the person applying for such service, if other than the owner, shall be personally liable, jointly and severally, for the amount of sewer user charges assessed, levied or charged regarding the property together with penalty and interest, and all such charges, penalties and interest shall, in addition thereto, constitute a lien against the property, which lien shall be enforceable as provided in AS 09.45.170 through 09.45.220. Such lien shall be prior and paramount to all other liens or encumbrances against the property except those for property taxes or special assessments. All sewer user charges, penalty, and interest may be collected by a personal action brought in the name of the city or by foreclosure of the lien, or both. (Ord. 1080 § 13, 1986; Ord. 930 § 2, 1980)
12.09.095 Designated agent of owner – Definition.
Any person who has the care, custody, control, or management of any premises or buildings, or who collects rental therefrom, shall, for the purpose of this title, be deemed the agent of the owner of such premises or building, and the giving of any notices, billings or other communications herein provided for to said agent shall be deemed to be proper notice to the owner. (Ord. 930 § 2, 1980)
12.09.105 Billing errors.
(a) Underbilling errors that occur on sewer user charge billings will be corrected retroactively for no more than the last three full billing periods immediately prior to the date the city first becomes aware of the error.
(b) Overbilling errors that occur on sewer user charge billings will be corrected retroactively for no more than the last six full billing periods immediately prior to the date the city first becomes aware of the error. (Ord. 1080 § 15, 1986)
12.09.110 Deposition of funds.
All of the gross revenues from charges, rates, and penalties collected for the use of the sewage system as herein provided shall be deposited into a sewer fund which is hereby created. (Ord. 930 § 2, 1980)
12.09.115 Use of funds.
The revenues deposited into the sewer fund shall be used exclusively for the operation, maintenance and repair of the sewage system, reasonable administration costs, expenses of collection of the fees and charges imposed by this title and the payment of the principal and interest on any debts incurred by the city regarding the city sewage system. (Ord. 930 § 2, 1980)
12.09.120 Complaint and billing disputes.
Any person that feels they have not been accorded fair and equitable treatment regarding sewer service, or that disputes the accuracy of a sewer billing, may request and obtain a review of the matter pursuant to the procedure provided for in subsection (a) of this section if the complaint relates to the accuracy of a sewer billing, or pursuant to the procedures provided for in subsection (b) of this section as to another type of sewer complaint. A complaint will be reviewed only if the person submits the complaint and follows the procedures provided for herein.
(a) The procedure for reviewing a complaint regarding a billing shall be as follows:
(1) Step 1. The complainant requests an informal conference with the city finance department. Upon receipt of the request, a finance department employee shall be designated to schedule and conduct an informal conference with the complainant. The complainant may be accompanied to, and assisted at, the informal conference by a representative. The complainant shall state their complaint and present any documents and arguments in support of their position. The finance department employee assigned to the case shall review the matter with the complainant and shall have the authority to make adjustments to the billing amount as necessary to assure the billing is correct.
(2) Step 2. If the complaint is not resolved at Step 1, the complainant may appeal the Step 1 decision to the city director of finance for further review by filing a written request therefor not later than five days after the complainant is advised of the Step 1 decision. Upon receipt of a timely request for a hearing the director of finance shall meet with the complainant, review the matter, and advise the complainant of the decision.
(3) Step 3. If the dispute is not resolved at Step 2, the complainant may appeal the matter to the DPW by filing a written request for a hearing with the DPW not later than five days after the date the complainant is advised of the Step 2 decision. The DPW shall review the matter and advise the complainant in writing of the decision and the reasons therefor.
(4) Step 4. If the dispute is not resolved at Step 3, the complainant may appeal the matter to the city manager by filing a written request for a hearing with the city manager not later than five days after the date the complainant is advised of the Step 3 decision. The city manager shall review the matter and advise the complainant in writing of the decision and the reasons therefor. The decision of the manager shall be final.
(5) Step 5. If the decision of the city manager is to uphold any portion of the billing, that portion of the billing that is upheld shall become due and shall be payable as determined and specified by the city manager in this decision. In the event the portion of the billing that is upheld is not paid as required, the city shall proceed in the manner provided for delinquent sewer bills. If the billing is found to be in error it will be revised as described in KMC 12.09.105.
(b) Complaints Not Involving Billing. A customer or other person that has a complaint regarding sewer service which is not a billing dispute reviewable under subsection (a)(2) of this section may submit the complaint for review pursuant to the following procedure:
(1) Step 1. The complaint may be made to an employee of the public works department who shall either attempt to resolve the complaint or refer the matter to another employee of the public works department that is responsible for the type of service, problem, or issue that is involved.
(2) Step 2. If the complaint is not resolved pursuant to Step 1, the employee shall refer the matter to the DPW, who shall meet with the complainant and make every reasonable effort to resolve the matter.
(3) Step 3. If the complaint is not resolved at Step 2, the complainant shall have the right to file a written request for a hearing before the city manager not later than five days after the date of the decision by the DPW. If the complainant files a timely request for a hearing before the city manager, the complainant shall be advised of the date, time and location of the hearing and the right to bring documents and witnesses to assist in the presentation of the complaint. The complainant shall also be advised that reasonably available city records relating to the complaint, and city personnel with relevant information, will be brought to the hearing if requested.
(4) Step 4. The hearing before the city manager shall be informal. The hearing need not be recorded and the formal rules of evidence and other formal legal procedures shall not apply. The complainant shall state their complaint with particularity and present any documents, witnesses or other evidence and arguments in support of their position and may examine any documents and witnesses presented by the city. At the conclusion of the hearing, the city manager shall render a written decision setting forth the reasons for the decision. The decision of the city manager shall be final. (Ord. 1080 § 17, 1986)
12.09.125 Appeal of special user ERU determinations.
(a) Any special user, as defined in KMC 12.09.050, who is charged more than one ERU per month and considers their user charge unjust or inequitable as applied to their premises within the intent of the foregoing provisions may make written application to the DPW requesting a review of their special user charge. Such written request shall state the actual or estimated average flow and/or strength of the user’s wastewater in comparison with the values and amounts upon which the charge is based, including how that user’s measurements or estimates were made, and the manner and nature in which such user claims that the user charge as applied to them is incorrect.
(b) The DPW shall review such request, make a decision and shall notify the requesting user of this decision not later than 30 days after receipt of the request for review.
(c) The special user may appeal the decision of the DPW to the city manager by filing a written notice of appeal, specifying the particular facts, grounds and basis upon which such appeal is taken, within 15 days after the date of the decision by the DPW.
(d) The city manager shall consider the request for review of the decision of the DPW and determine if it is substantiated or not, including recommending further study of the matter by the DPW. The decision of the city manager shall be final.
(e) If the request is determined to be substantiated, the special user charges for that special user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively to the date of filing of the application for review with the DPW. (Ord. 1080 § 19, 1986)