Chapter 13.10
SANITARY SEWERS
Sections:
13.10.010 Construction of public sanitary sewerage facilities.
13.10.020 Connection to the public sanitary sewerage system.
13.10.030 Connection credits and rebates.
13.10.040 Activation fees and deposits.
13.10.060 Calculation of monthly wastewater flow.
13.10.070 High strength factors.
13.10.090 Service discontinuance.
13.10.120 Delinquency and penalties.
13.10.010 Construction of public sanitary sewerage facilities.
A. New Public Facilities. The department may grant permission for an applicant to construct public sanitary sewerage facilities. The director or a designated representative is authorized to decide whether all or part of a new sanitary sewerage system will be accepted into the public system. Applicant may be required to design and construct the public sanitary sewerage facilities so as to provide capacity and service to all up-gradient property. The applicant may be required to augment existing downstream public sanitary sewerage facilities in order to provide capacity for the applicant’s development. All on-site and off-site public facilities shall be designed in conformance with the latest rules, regulations, and codes of the town. No new public gravity sanitary sewer line shall be less than eight inches in internal diameter. The public sanitary sewerage facilities shall be constructed at the sole expense of the applicant and within public streets, avenues, alleys, and rights-of-way that provide unrestricted, 24-hour, all-weather commercial vehicle access over and to the public sanitary sewerage facilities. The locations of public sanitary sewerage facilities in easements or in areas with restricted vehicle access may be allowed on a case-by-case basis only if no alternative alignment is deemed viable by the department.
B. Existing Public Facilities. Where a new development includes within its boundaries existing public sanitary sewage conveyance facilities, the applicant shall provide unrestricted, 24-hour, all-weather maintenance vehicle access to all existing and new manholes and cleanouts of the public sanitary sewage conveyance system. Surface improvements, such as paving, may be required for all-weather access, including vehicular turning radii.
C. Permits for Construction.
1. Public Sewerage Facilities Project Construction Permits. Prior to constructing or contracting for the construction or installation of a gravity sanitary sewer, wastewater pumping system, sanitary sewer system extension or wastewater treatment facility, in whole or in part, the applicant shall obtain a form “A” major utility installation permit, or other applicable form, from the department. If the construction for which the permit is issued is not completed within the approved period of time, the applicant shall renew the construction permit for an additional period of time and shall pay the appropriate renewal fee. The permit shall not be issued until the following requirements have been met:
a. Approval of the project concept, which may include location, alignment, maintenance accessibility, necessity, capacity, conditions of hydraulic flow, mitigation of odors, points and methods of connection and other significant factors, by the department or its delegated representative;
b. Acceptance by the department, or its delegated representative, that the plans and specifications for the proposed construction or installation, signed by a licensed professional engineer, are in compliance with department standards and specifications as well as the general and specific department conditions for the project;
c. Submission of letter of application and affirmation of cost for review and approval by the department;
d. Submission of copies of itemized bids signed by the contractor and by the applicant;
e. Submission of evidence that all required easements, whether permanent or temporary (for the purposes of construction), have been approved and recorded;
f. Payment of project construction permit fees, which shall be the greater of $500.00 or two and one-half percent of the affirmed contract price for construction of the sanitary sewerage facilities plus an administrative fee of $200.00, at the time the required permit is obtained. Said project construction permit shall be obtained prior to commencing physical construction/installation work on the public sanitary sewerage facilities. Renewal of the project construction permit shall be obtained prior to the expiration of said permit. Subsequent renewal of an expired project construction permit shall require payment of an additional inspection fee which shall be one percent of the affirmed contract price of the construction, plus an administrative fee of $100.00. If said renewal of the project construction permits is not renewed in a reasonable time, the director reserves the right to require a new permit be issued. If said project construction permit is violated, the director shall serve or cause to be served such applicant a written stop work order (“SWO”). The SWO shall state the nature of the alleged violation related to the project construction permit. The SWO shall require payment of a violation fee which shall be $1,500 plus double the original two and one-half percent of the affirmed contract price for construction of the sanitary sewerage facilities;
g. Submission of construction authorization for the project from the Arizona Department of Environmental Quality or its delegated representative;
h. Consummation of the operation and maintenance agreement for special facilities.
2. Small Construction Activity Permits. Prior to commencing or contracting for the construction or installation of a new manhole, or for tapping a manhole or for tapping a 15-inch or smaller gravity sanitary sewer, the applicant shall obtain a form “A” small construction activity permit, or other applicable form, with an approved period of construction. Payment of small construction activity permit fees, as indicated in the following table, shall be paid prior to payment of connection fees. Small construction activity permits shall be issued for a specified period of time based on the applicant’s statement of when the connection construction activity will be accomplished. The permit shall provide the telephone number of the town agency responsible for the inspection of the small construction activities. It shall be the applicant’s responsibility to contact the inspecting agency to determine at what stage of construction the inspections are required. Should the applicant fail to complete the work within the approved time on the initial permit, the permit shall expire and a renewal of the permit shall be required. The applicant shall obtain a first renewal of the permit at no cost. Should the applicant fail to complete the work within the approved time on the first renewal permit, the first renewal permit shall expire and a second renewal of the permit shall be required at the applicant’s additional cost as shown in the following table. Subsequent renewals shall also be at the applicant’s additional cost as indicated in the table.
a. Small Construction Activity Permit Fees.
|
Construction Activity |
First Construction Activity Permit |
First Renewal Permit |
Each Added Renewal Permit |
|---|---|---|---|
|
HCS tap and stubout into public sanitary sewer of 15-inch or less diameter |
$100.00 |
$0.00 |
$50.00 |
|
Large sanitary sewer tap |
$150.00 |
$0.00 |
$75.00 |
|
Existing manhole tap |
$150.00 |
$0.00 |
$75.00 |
|
New manhole over existing sewer; no corrosion protection |
$200.00 |
$0.00 |
|
|
New manhole over existing sewer; with corrosion protection |
$300.00 |
$0.00 |
$150.00 |
Payment of any small construction activity permit fee does not relieve the applicant from paying sewer connection fees pursuant to STC 13.10.025.
b. The small construction activity permit shall not be issued until the following requirements have been met:
(1) Approval of the construction concept by the department or its delegated representative. Consideration may be given to location, alignment, maintenance accessibility, necessity, capacity, conditions of hydraulic flow, mitigation of odors, points and methods of connection and other significant factors;
(2) Submission of evidence that all necessary easements, whether permanent or temporary, for the purposes of construction, have been approved and recorded; and
(3) Submission of construction authorization for the project from the Arizona Department of Environmental Quality or its delegated representative (where the combined flow is greater than or equal to 3,000 gallons per day or the project includes the installation of a manhole or lift station).
D. Bill of Sale. Upon completion of construction and final approval by the department of the sanitary sewerage facilities previously agreed by the department to be added to the public sanitary sewerage system, and upon delivery to the department of all required approved and recorded easements, and the required number of sets of operations and maintenance manuals for wastewater pumping facilities and “as built” drawings of sanitary sewerage facilities to be conveyed to the town, applicant shall convey all of its right, title and interest in and to the sanitary sewerage facilities to the town, free and clear of liens, claims, charges and encumbrances. The transfer of the right, title and interest in and to the sewerage facilities shall be accomplished by a bill of sale prepared by the town. The applicant shall warrant that all work shall be free from any defects due to poor workmanship or materials for a period of one year from the acceptance of a bill of sale by the town council. The applicant shall make necessary repairs to correct the defects as determined by the town at applicant’s sole cost and expense.
E. Private Sanitary Sewage Conveyance Systems.
1. The owner, or an authorized homeowners’ association, shall be responsible for the maintenance, operation and repair of a private sewage conveyance system. The responsibility extends from the point of physical connection to the public sanitary sewage conveyance main in the adjacent street, alley or easement to and including the plumbing fixtures within the connected building.
2. The person responsible for the construction of a private sanitary sewage conveyance system that includes manhole or cleanout structures shall install covers with the words “private sanitary sewer” cast into the metal.
3. A property owner shall be responsible for expeditiously correcting all private sanitary sewage conveyance system defects that result in sanitary sewer overflow problems, or cause nonwastewater infiltration or inflow to the public sanitary sewerage system. [Ord. 2017-126 § 2 (Exh. A); Ord. 2014-089 § 1; Ord. 2008-05 §§ 4, 5; Ord. 2002-05; prior code § 16-2-1.]
13.10.020 Connection to the public sanitary sewerage system.
A. Application for New Service. An applicant wishing to connect a new structure or structures to the public sanitary sewerage system shall submit plans, either previously approved by the department or a sewer layout plan depicting the direct connection of BCS or HCS, to the department showing the method and location of the proposed connection and documentation as specified in subsection (A)(3) of this section, stating the water meter size(s) to serve planned structure(s). The department shall review the plans and approve them if not previously approved, notify the applicant in writing of the approval of the submitted plans, or notify the applicant in writing of modifications necessary for approval. Once the plans have been approved by the department, the department shall calculate the applicable sewer connection fees.
1. Private Pumping Systems. No private pumping systems shall connect to the public sewer system unless connection fees have been paid or applicant shall have entered into a suitable payment agreement with the town for each dwelling and commercial/industrial facility discharging to the private sewer system. The department may require that the applicant obtain an industrial wastewater control permit if the private pumping system is intended to serve a commercial/industrial facility or more than two residential dwelling units. The department shall require the owner to design and operate the private pumping system so that it does not release deleterious or noxious gases or prohibited wastes into the public sanitary sewerage system or environment.
2. Conversion from Private On-Site Sewage Disposal System. When an applicant requests conversion of a structure from a private on-site sewage disposal system connection to a public sanitary sewerage system connection, the department shall verify the water meter size in order to assess the appropriate connection fees. If the structure has a commercial or industrial use, the applicant may be required to obtain an industrial wastewater control permit before being allowed to connect to the public sanitary sewerage system.
3. Water Meters.
a. Water Supplied by Municipal Corporation, Special Taxing District, or Private Water Company. For purposes of determining connection fees, applicant shall provide one of the following to the department for connection fee calculation and payment prior to issuance of a building permit:
i. Water provider receipt showing size of purchased water meter;
ii. Water provider receipt for meter security deposits showing meter size; or
iii. Approved plumbing plan or water plan indicating the architect or engineer’s required water meter size.
b. Supplied by Private Wells. No connection to the public sewerage system will be allowed except through an approved sewer service agreement with the town.
B. Modification, Demolition or Replacement of Structures. No additional connection fees are due for a physical change to the plumbing system or plumbing fixtures of a structure or structures on a property that is connected to the public sanitary sewerage system, provided the water meter size does not increase; or provided, that there is not a change in property use. In the event that a change in service is proposed and that change will result in an increase in water meter size or result in a shift in the structure use from residential to commercial/industrial, applicant shall submit an application to the department explaining the proposed change. Applicant will pay the difference in connection fees between the two meter sizes at the time of application. The department may disapprove the application if the proposed change may result in downstream treatment or conveyance capacity exceedances. The department shall disapprove the application if applicant has not paid the difference in connection fees due between the new use or water meter size and the old. If the structure has a commercial or industrial use, the applicant may be required to obtain a new industrial wastewater control permit prior to receiving final occupancy permit. [Ord. 2017-126 § 2 (Exh. A); Ord. 2012-071 §§ 1, 2; Ord. 2010-35 § 2; Ord. 2008-10 §§ 1, 2; Ord. 2008-05 §§ 6, 7; Ord. 2007-14 §§ 1, 2; Ord. 2005-15 §§ 1, 2; Ord. 2004-15 §§ 1, 2; Ord. 2003-03 §§ 1, 2; Ord. 2002-05; prior code § 16-2-2.]
13.10.025 Connection fees.
A. Connection Fee Rates. Except as otherwise provided in this section, persons connecting to the public sanitary sewer system shall pay the following connection fee:
1. Residential:
|
Water Meter Size |
Amount |
|---|---|
|
5/8", 3/4", or 1" |
$4,933 |
2. Commercial/Industrial/Multifamily:
|
Water Meter Size |
Amount |
|---|---|
|
5/8" or 3/4" |
$4,933 |
|
1" |
$10,288 |
|
1 1/2" |
$32,794 |
|
2" |
$84,671 |
|
3" |
$197,162 |
|
4" |
$441,240 |
Connection fees for commercial/industrial discharges with water meters greater than four inches in size will be calculated on a case-by-case basis using the following formula where “C” represents the cost of capacity factor of $21.33 per gallon to convey and treat wastewater, “G” represents the estimated number of gallons of wastewater produced during a peak flow day, and “I” represents a system inflow and infiltration rate factor of 1.175.
Connection fee in dollars = C x G x I
The connection fee may be adjusted higher or lower, through a sewer service agreement, for any particular connection or development, based upon contributions to treatment infrastructure, oversizing, expedited construction of infrastructure, or other reasons that benefit the parties. In the event such sewer service agreement exists, the rates and provisions set forth in such sewer service agreement shall supersede and replace the provisions of this section.
B. Connection Fee Discount. The connection fee discount is determined by either of the following:
1. The connection fee discount is determined by an approved sewer service agreement.
2. The construction of a qualifying public sewer improvement shall, as provided in this subsection, qualify the developer for a discount against the connection fee otherwise due per dwelling unit or per commercial/industrial/multifamily facility. Except as provided for in subsection D of this section, the amount of the discount from each such eligible connection fee shall be $1,100 for the construction of a qualifying public sewer collection or conveyance improvement and $250.00 for the construction of a qualifying public sewer treatment improvement. For residential projects, one dwelling unit shall be granted connection fee discount status for each 25 feet qualifying public sanitary sewer line installed by the developer.
Once the aggregate connection fee discounts received for an area under development exceed the net construction cost of the qualifying public sewer conveyance improvement constructed by a developer of the area under development, no further connections within the area under development shall receive connection fee discounts based on the construction of that qualifying sewer improvement. Notice of this event need not be provided to the developer. For purposes of this subsection B, net construction costs shall mean the difference between the actual construction cost paid by a developer and any credits granted for the construction pursuant to STC 13.10.030.
C. Qualifying Public Sewer Improvements.
1. Except as otherwise identified by an approved sewer service agreement, only dwellings and commercial/industrial facilities directly tributary to the qualifying public sewer improvements listed in this subsection that are being or have been constructed by the applicant or a previous developer of the property shall qualify for the connection fee discount. The connection fee discount status shall run with the property and may not be transferred to another property.
2. Property for which connection fee discount status is requested shall be clearly identified on the tentative plat, development plan and/or public sanitary sewage conveyance system facility construction plans when they are presented for review. The eligibility for a connection fee discount shall be confirmed in writing by the director or the director’s designee. The connection fee discount may apply to:
a. A portion, or portions, of the development (including portions of individual buildings); or
b. Structures tributary to a segment of sewer; or
c. An individual sewage drainage basin within the overall development; or
d. The entire development.
3. The qualifying sanitary sewer shall have a minimum length of 25 feet as measured from the point of connection to the existing public sewerage system to the closest edge of the area under development for any dwelling units or commercial/industrial projects to be granted the connection fee discount. For the purpose of computing sewer length for connection fee discount status, the length of the qualifying sewer over 25 feet in length may be rounded to the next appropriate multiple of 25.
4. The types of public sewerage system improvements installed by the applicant or any previous developer that may qualify a property for the connection fee discount status are as follows:
a. Off-site, down-gradient gravity flow sanitary sewers that serve other properties in addition to the area under development; or
b. A new fully accessible, public gravity flow sanitary sewer that replaces an existing inaccessible public sanitary sewer when the replacement is requested by the department and the sewer’s inaccessibility is not the result of applicant’s or any previous developer or property owner’s activities; or
c. Augmentation of an existing down-gradient, gravity flow public sanitary sewer of a size that provides sufficient capacity to serve the area under development. The augmentation sewer may also qualify for a credit or rebate pursuant to STC 13.10.030 if the augmentation is of a pipe size larger than that needed to serve the area under development.
d. Improvement in treatment capacity at the publicly owned treatment works serving the area under development or a portion of the area under development. The portion of the development qualifying for connection fee discount status shall be based on the design flows projected to be received from the area under development in relation to the amount of treatment capacity expansion provided.
5. The types of public sanitary sewers installed by the applicant or any previous developer that shall not qualify a property for the connection fee discount status are as follows:
a. Off-site public gravity sewer lines installed by the developer which cannot be used by any properties down gradient from the property under development; or
b. Off-site and on-site public sewers that do not serve the area under development that provide flow-through from up-gradient properties; or
c. A public sanitary sewage pumping station and off-site force main.
6. For projects in which only a portion of the project is eligible for the connection fee discount, the connection fee discount status shall be given to the most down-gradient dwelling units of the proposed development which are directly tributary to the qualifying public sanitary sewer.
D. Special Facilities. If the property necessitates the construction of special facilities, and the department approves the construction of special facilities, the applicant shall provide these special facilities at its own expense. The cost to the applicant to provide any special facilities shall be in addition to connection fees established for the property, and the cost to operate the special facilities may be subject to special operating fees.
E. Prevailing Rate. The connection fee charged shall be calculated using the rate prevailing at the time of payment. The connection right shall continue for the life of the structure, for the use originally permitted. If a conversion or change of use occurs which results in a change in meter size or a shift in use from residential to commercial/industrial, the difference in connection fees is due and immediately payable upon conversion or change of use. Conversions shall be reviewed for compliance with industrial waste ordinance requirements.
F. Prepaid Connection Fees. Prepaid connection fees shall be deducted from the prevailing rate fee calculation.
G. Connection Fee Surcharge. The town council may, by resolution, institute a connection fee surcharge for a specific area to recover the costs of required facilities in that area.
H. Temporary Connections. The director may authorize, in writing, issuance of a permit for a unit to be temporarily connected to a nearby sewer. All permits issued and installations made pursuant to this section shall be on a temporary basis only, and shall be subject to the following terms and conditions:
An applicant for sewer service for a period not to exceed two years may be issued a temporary permit. The permit may not be renewed. The prevailing connection fee rate shall be charged the applicant for this permit. The connection fees paid may be credited against the sewer connection fees for a permanent connection replacing the temporary connection within the two-year period. If a permanent connection is not achieved within the two-year time period, the temporary connection permit shall expire, the physical connection shall be eliminated, and the connection fees shall not be returned.
I. Payment of Connection Fees.
1. The connection fee payment is due at the time of issuance of a plumbing or building permit. Fees shall be first applied to any unpaid fees owed by the applicant to the department. The total fees due may be rounded to the nearest dollar.
2. If no building or plumbing permit is issued, the connection fee is due prior to physically connecting or being able to discharge to the system.
3. Interest charges shall be added to any unpaid connection fee and calculated at the rate of 10 percent per year on the unpaid connection fee balance compounded daily. If the unpaid connection fee and any interest charges are not paid by the property owner within 10 working days from the date of a notice of delinquency, the director may add to the amount due any legal or collection costs incurred.
J. Connection Fee Refunds. Upon application to the department, a connection fee may be refunded if the physical connection for which the fee was paid has not been made. Connection fee refunds shall not be processed for payment for 60 days following receipt of the application for the refund to give the department the opportunity to verify the facts associated with the original connection fee application and the refund application. An administrative fee of $125.00 shall be assessed for each connection fee refund authorized. The director shall have the authority to waive the payment of an administrative fee or to direct early payment of a connection fee refund in situations involving a structural addition to or the remodeling of an existing, owner-occupied single-family residence where, for reasons beyond the owner’s control, the owner is not able to construct the addition to or start the remodeling of the residence.
K. Physical Connections. An applicant for public sewer service shall not make physical connection to the public sanitary sewerage system without prior written authorization of the town. Written authorization includes both the connection permit issued upon payment of connection fees (or an approved connection fee payment plan in accordance with subsection L of this section) and notification to the applicant by the town that the town has received approval from Arizona Department of Environmental Quality to place the public sanitary sewer in service. An applicant who makes, or causes to be made, a physical connection to the public sanitary sewerage system without first obtaining written authorization from the town shall pay investigation and administration fees of $2,500, plus any additional costs to the department up to $5,000, in addition to the standard plan services and connection fees required by this chapter.
L. Connection Fee Payment Plan. As an alternative to payment in full of connection fees prior to the issuance of a building permit, applicant may enter into a connection fee payment agreement with the town at the discretion of the director.
M. Determination of House Connection Sewer Stub-Out Location. After a property owner has applied and exhausted all means and methods to locate a building connection sewer by excavation techniques, then upon application to the department and upon payment of a nonrefundable $250.00 stub-out locating fee, the department shall apply closed circuit television techniques to determine the location of all house connection sewer stub-outs that might exist at the main line of the public sanitary sewage conveyance facility that could serve the property identified on the application. Should the application identify multiple adjacent and contiguous properties for which more than one house connection sewer stub-out is sought, the nonrefundable stub-out locating fee shall be increased by $50.00 for each additional property over the first property to be served. Identification of the property to be served shall be by legal description (i.e., lot and block) and by street address for each property. If one or more stub-outs are located that would serve the property, the department shall mark the ground surface location of all stub-outs using marking paint, or some other appropriate means, and shall notify the applicant by first-class mail of the locations that were found. Neither the owners of the involved properties nor their contractors shall access the public sanitary sewage conveyance system for the purpose of determining the locations of house connection sewer stub-outs. [Ord. 2017-126 § 2 (Exh. A); Ord. 2017-122 § 1; Ord. 2014-089 § 2; Ord. 2012-071 §§ 1, 2.]
13.10.030 Connection credits and rebates.
A. Credits. The town may enter into a credit agreement with an applicant for sewer service for the additional construction costs incurred for the installation of either a public sanitary sewer facility of a size larger than would be required to collect or treat the waste from the area under development, or a facility in addition to the system required to serve the area under development. The department shall determine the base sewerage facility size for the area under development and the additional required sewerage facility size. The credits shall be applied as an offset to connection fees to be paid by the applicant. The credits shall not be in the form of a cash refund or rebate. The credits shall be usable for 10 years from the execution of the agreement by the town council. The council may designate a longer usable life for the credits for good cause. The agreement shall specify either that the credits are granted to the applicant for use on any property owned by the applicant within town, except as otherwise specified or limited in the credit agreement, or that the credits are usable only within the area under development and are assignable to future owners. The credits awarded for such over-sizing shall not exceed the total connection fees to be collected from the area under development as set forth in STC 13.10.025.
B. Rebates. In the event an applicant installs a public sanitary sewer system which provides at least 51 percent residual capacity for property other than the area under development, an agreement for refund of the cost of the residual capacity may be made with the applicant. The refund shall be made until the full sum has been paid, or for a maximum of 10 years from the date of the refund agreement, whichever shall first occur. In the event the full sum due the applicant has not been refunded within the 10-year period, any balance remaining shall be considered canceled and the town shall be fully discharged from any further obligation under the agreement. [Ord. 2017-126 § 2 (Exh. A); Ord. 2002-05; prior code § 16-2-3.]
13.10.040 Activation fees and deposits.
An activation fee of $10.00 per event shall be levied and collected for activation of new wastewater service, reactivation of wastewater service, or the transfer of service from one customer to another. In addition, the billing manager may require an advance deposit of not less than two months, nor more than 12 months, of the estimated user fees from any of the above activations. [Ord. 2017-126 § 2 (Exh. A).]
13.10.050 Monthly sewer fees.
A. A monthly fee shall be levied and collected from all users connected to the wastewater system. Each user fee shall be a combination of the following fees.
1. Base Service Fee. A base service fee shall be levied upon each user account to recover a portion of the fixed system costs and costs not proportional to flow. The base service fee shall be based simply upon connection to the system, and not use of the system, in order to compensate for the availability of service. The full monthly base service fee shall be charged to all users who are connected to the system for any portion of a month, and shall not be subject to proration for partial months.
a. Effective January 1, 2018: $16.60.
b. Effective January 1, 2019: $18.97.
2. User Consumption Fee. In addition to the base service fee, a user consumption fee shall be levied upon each user account, in proportion to water consumption or wastewater discharge, to recover costs of treatment and reclamation. The user consumption fee shall be calculated by multiplying (a) the monthly wastewater flow (set forth in STC 13.10.060), (b) the high strength factor (set forth in STC 13.10.070), and (c) the user consumption fee rate listed below.
a. User consumption fee effective January 1, 2018 shall be $8.12.
b. User consumption fee effective January 1, 2019 shall be $8.39.
3. Irrigation Credit. The user consumption fee shall be reduced 20 percent, in order to account for water that is used for irrigation and other purposes that do not discharge water into the sanitary sewerage system. This irrigation credit is to be applied to all users irrespective of the amount of water each user discharges into the sanitary sewerage system.
4. Paperless Billing Credit. For each month a user uses the town’s paperless billing system, that user shall receive a credit of $1.00.
5. Toxic Waste Fee. In addition to any user fees established by this chapter, a user who is detected discharging any toxic wastes into the sanitary sewerage system in violation of this chapter shall be subject to the increased cost of the treatment of the prohibited substance. This provision shall not preclude the director from pursuing the additional penalties provided in Chapter 13.25 STC.
6. Adjustments Related to Measurement. Where data on flow volume, chemical oxygen demand or suspended solids are reported to the town by the user and form the basis for that user’s fee, such data shall be subject to town verification. If subsequent measurements or other investigations reveal that such user is discharging a volume of flow, chemical oxygen demand or suspended solids significantly in excess of that reported to the town, the billing manager may assess such user according to the data obtained by the town retroactive to the time of the user’s latest report, together with any applicable delinquent charges, penalties, and interest as provided in STC 13.10.120. Prior to revising a sewer user fee pursuant to this subsection, the town shall obtain at least two 24-hour samples and flow measurements.
7. Failure to Report Fee. A commercial or industrial user that fails to provide the required discharge quantity information shall pay, in addition to the average monthly user fee calculated from the last available six months of monthly discharge reports provided by the user, an administrative fee equal to 25 percent of the average monthly user fee.
8. Department inspectors shall have access at all reasonable times to metering devices on private sanitary sewage conveyance systems or on private wells. [Ord. 2017-126 § 2 (Exh. A).]
13.10.060 Calculation of monthly wastewater flow.
A. For users with metered water but no additional metering, the monthly wastewater flow shall be 100 percent of the monthly water consumption reflected by the meter, measured in thousands of gallons, irrespective of the use of the water.
B. For users who have separate meters installed by a water company to measure water returned to the public sanitary sewerage system and/or water not returned to the public sanitary sewerage system, the monthly wastewater flow shall be 100 percent of the meter which measures the water returned to the public sanitary sewerage system, measured in thousands of gallons. Such users shall not receive the irrigation credit.
C. For users without metered water or wastewater, the billing manager shall determine the method of calculating the monthly wastewater flow. [Ord. 2017-126 § 2 (Exh. A).]
13.10.070 High strength factors.
The high strength factors below shall be used to calculate the user consumption fee as provided in STC 13.10.050(A)(2).
|
User Class |
Class Name |
High-Strength Factor |
|---|---|---|
|
1 |
Residential/All other customer classes |
1 |
|
3C |
Auto body and fender |
2.1 |
|
3K |
Mortuary |
1.09 |
|
3N |
Laundromat |
1.09 |
|
4E |
Pet clinic |
1.2 |
|
4G |
Restaurant, with seating and china |
2.03 |
|
4H |
Restaurant, fast food |
2.32 |
|
5A |
Car wash, self-service |
1.19 |
|
5C |
Bottling company |
1.68 |
|
5F |
Printing; copying |
1.01 |
|
5G |
Electrical component manufacturer |
1.14 |
|
5I |
Industrial laundry |
1.06 |
|
5J |
Bakery |
3.63 |
|
5K |
Miscellaneous food processor |
2.33 |
|
5L |
Chemical, pharmaceutical |
1.25 |
|
5M |
Meat packing; tallow processing |
2.38 |
|
5S |
Car wash, full service |
1.23 |
[Ord. 2017-126 § 2 (Exh. A).]
13.10.080 Sub-billings.
Users, such as landlords, that issue sanitary sewer sub-billings that refer to a town sanitary sewer user fee shall state the town sanitary sewer user fee as a separate item on all billings. In a sub-billing, no user shall refer to a sanitary sewer user fee assessed by town, except in a fashion truly reflecting the actual amount assessed by town. [Ord. 2017-126 § 2 (Exh. A); Ord. 2002-05; prior code § 16-2-13. Formerly 13.10.130.]
13.10.090 Service discontinuance.
Any user wishing to discontinue the use of the town wastewater system must give notice of discontinuance to the water company supplying water to such user, and must discontinue water service at the same time. Any user who is supplied water by a private well wishing to discontinue the use of the town wastewater system must give notice of discontinuance to the town wastewater management department, and must discontinue receiving water from that private well. The fees set forth in this code shall continue to be levied, and shall be due and owing, until such notice has been given. [Ord. 2017-126 § 2 (Exh. A); Ord. 2002-05; prior code § 16-2-16. Formerly 13.10.160.]
13.10.100 Payment.
User fees are due and payable at the office of the billing manager not later than 20 days after the billing date on the bill (the “due date”). The billing manager shall have the authority to create standard and customized payment plans. [Ord. 2017-126 § 2 (Exh. A); Ord. 2002-05; prior code § 16-2-17. Formerly 13.10.170.]
13.10.110 Protest and review.
A. Within 90 days after the billing date, a user may submit a protest to the billing manager. Such protest shall be in writing, and shall include all itemized objections to the fee(s) charged. The user shall have the burden of showing that any or all of the computations were erroneous or misapplied.
B. The billing manager shall review the protest and determine the outcome of the protest. If the billing manager decides in favor of the user, any overpayment will be reimbursed to the user, but in no event will any reimbursement relate to payments made more than 90 days prior to the date of the protest. If the billing manager decides against the user, the user shall pay all amounts due within 30 days. [Ord. 2017-126 § 2 (Exh. A).]
13.10.120 Delinquency and penalties.
A. Delinquency Date. Unpaid user account balances are delinquent after the due date.
B. Late Penalty Fee. Delinquent user fees shall be assessed an additional late penalty fee of $10.00 each month a delinquency remains unpaid. This fee shall be subject to interest charges as provided below.
C. Interest. Upon a date that user account balances become delinquent, such delinquent balances shall accrue interest at the rate of 10 percent per annum until paid in full.
D. Collection Penalty Fee and Costs of Collection. Accounts that are grossly past due may require additional efforts to collect. Accounts requiring these additional collection efforts shall be assessed a collection penalty fee of 10 percent of the outstanding account balance due at the time additional collection efforts are undertaken. Additionally, a user shall be responsible for all specifically identifiable costs associated with collection, including but not limited to collection agency fees, court fees, process service fees, mailing fees, attorneys’ fees, and recording fees. These costs shall be subject to interest charges, as provided above.
E. Property Lien. Pursuant to ARS 9-511.02, the town may file a lien on property for the nonpayment of sewerage system user fees if the payment of the fees is delinquent for more than 90 days. The unpaid fees, from the date of recording in the office of the county recorder, are a lien on the property until the fees are paid.
F. Disconnection of Service. In the event any sum is delinquent, the town may discontinue service by interrupting the flow into the sewerage system. In such event, upon reconnection to the sewerage system, the user shall be responsible for the cost of disconnection, as well as the cost of reconnection. [Ord. 2017-126 § 2 (Exh. A); Ord. 2002-05; prior code § 16-2-19. Formerly 13.10.190.]