Chapter 3.70
FEES AND CHARGES
Sections:
3.70.010 Capacity reserve fee.
3.70.020 Minimum capacity reserve fee.
3.70.040 Installment payment of regional wastewater capacity reserve fees.
3.70.050 Partial refund of capacity reserve fees.
3.70.060 Meter assembly installation fee – Water.
3.70.070 Inspection and project review fees – Miscellaneous fees.
3.70.010 Capacity reserve fee.
A capacity reserve fee shall be assessed for each new system user, or for an existing system user who is expanding use of services, for the right to connect to and receive new or expanded service from the District’s water and wastewater facilities. Said fee shall consist of the amounts determined by the District to be necessary to recover the estimated reasonable cost of providing the services taking into account an equitable portion of the costs of improvements, replacements, and expansions of the District facilities used to provide the service(s). Upon payment of capacity reserve fees, the applicant/user may obtain a certificate of capacity rights in accordance with Chapter 3.60 DSRSDC, Service Capacity Allocation. Modifications to capacity rights obtained herein shall be in accordance with DSRSDC 3.60.050, Additional capacity – Intensification or modification of use, and 3.60.060, Adjustment to allocated capacity – Modification of certificate of capacity rights.
A. Potable Water. The capacity reserve fee for connection of property to the District’s potable water supply facilities shall be as established by separate ordinance or resolution duly adopted from time to time by the Board, based on the size and capacity of the water meter (except for accessory dwelling units not contained within the existing space of a single-family residence or accessory structure unless the applicant requests installation of a separate potable water meter for the accessory dwelling unit, which shall instead be a multiple representing the approximate ratio between the average daily demand of accessory dwelling units within the area served by the District or a specified portion thereof as estimated by the District Engineer, and the average daily demand of a single-family dwelling unit equivalent, based upon either the size of the accessory dwelling unit or the number of plumbing fixtures installed in the accessory dwelling unit) and the pressure zone and the county in which the water meter is to be installed; provided, that said fee for a residential unit, including but not limited to a single-family dwelling, requiring a one-inch water meter or smaller water meter, at the discretion of the District Engineer, for fire sprinkler systems shall be that established for a 5/8-inch water meter, as determined by the Board from time to time.
1. Except as noted in the preceding sentence, the District’s capacity reserve fee shall be a multiple representing the approximate ratio between the maximum rate of continuous flow operation of the water meter being installed and the maximum rate of continuous flow through a 5/8-inch water meter.
2. In addition to the fee described in subsection (A)(1) of this section, for the District’s water service area, the capacity reserve fee for potable water shall also include an amount established by Zone 7 for water supply connections pursuant to Zone 7 Resolution No. 00-2206, or any future amendment or restatement thereof, as may from time to time be adopted by Zone 7 in a manner consistent with consistent with Government Code Section 65852.2, where applicable.
3. In addition to the fees described in subsections (A)(1) and (2) of this section, an additional one percent of the Zone 7 fees shall be assessed on new connections within Contra Costa County to collect the costs incurred by the District to administer the collection of fees for Zone 7.
4. The District, at the discretion of the District Engineer, may add an additional amount or amounts when the incremental costs of providing water service to the property for which application for connection is made exceed the revenues that would be derived from the minimum capacity reserve fee. Such additional amount or amounts shall be determined by the District Engineer, using standard marginal cost-pricing techniques.
B. Recycled Water. The capacity reserve fee for connection of property to the District’s recycled water supply facilities shall be as established by separate ordinance or resolution duly adopted from time to time by the Board, based on the size and capacity of the water meter. This capacity reserve fee shall be a multiple representing the approximate ratio between the maximum rate of continuous flow operation of the water meter being installed and the maximum rate of continuous flow through a 5/8-inch water meter. The capacity reserve fee for a recycled water connection shall not include the Zone 7 fees or the one percent surcharge thereon, as described in subsections (A)(2) and (3) of this section.
C. Wastewater. The capacity reserve fees for connection of property to the District’s wastewater facilities shall be as established by separate ordinance or resolution duly adopted from time to time by the Board. The applicant/user shall pay both the regional and local wastewater reserve fees as follows:
1. Regional wastewater capacity reserve fees for service from and use of the District’s regional wastewater treatment plant, as determined by the District Engineer, based on the average daily flow, BOD and SS proposed to be discharged to the wastewater system within the area served by the District or a specified portion thereof as estimated by the District Engineer.
a. Residential Users. A standard regional wastewater capacity reserve fee shall be charged for each single-family dwelling unit equivalent based upon the average daily flow, BOD and SS discharged to the wastewater system by all single-family dwelling units within the area served by the District or a specified portion thereof, as determined from time to time by the District Engineer.
Regional wastewater capacity reserve fees for accessory dwelling units not contained within the existing space of a single-family residence or accessory structure, and for accessory dwelling units contained within the existing space of a single-family residence or accessory structure for which the applicant requests installation of a separate sewer lateral for the accessory dwelling unit, and for each class of residences (other than single-family dwellings), shall be a fraction representing the approximate ratio between the average daily flow, BOD and SS from said class of residences within the area served by the District or a specified portion thereof, as estimated by the District Engineer, and a single-family dwelling unit equivalent within the area served by the District or a specified portion thereof. For accessory dwelling units not contained within the existing space of a single-family residence or accessory structure, and for accessory dwelling units contained within the existing space of a single-family residence or accessory structure for which the applicant requests installation of a separate sewer lateral for the accessory dwelling unit, the determination described in the preceding sentence shall be based upon either the size of the accessory dwelling unit or the number of plumbing fixtures installed in the accessory dwelling unit.
b. Nonresidential Users. Except as the District Engineer may otherwise determine, the regional wastewater capacity reserve fee for nonresidential users shall be calculated based on the average daily flow, BOD and SS discharged into the wastewater system by all uses of the same category or use classification as the proposed use, each of which shall be estimated by the District Engineer.
2. Local wastewater capacity reserve fees for service from and use of the District’s wastewater collection system, based on average daily flow proposed to be discharged to the wastewater system, within the area served by the District or a specified portion thereof, as estimated by the District Engineer.
a. Residential. A local wastewater capacity reserve fee shall be charged for each single-family dwelling unit equivalent based upon the average daily flow discharged by all single-family residential units within the area served by the District or a specified portion thereof, as determined from time to time by the District Engineer.
Local wastewater capacity reserve fees for accessory dwelling units not contained within the existing space of a single-family residence or accessory structure, and for accessory dwelling units contained within the existing space of a single-family residence or accessory structure for which the applicant requests installation of a separate sewer lateral for the accessory dwelling unit, and for each class of residences (other than single-family dwellings), shall be based on a fraction representing the approximate ratio between the average daily flow from said class of residences within the area served by the District or a specified portion thereof to the flow from one standard single-family dwelling unit within the area served by the District or a specified portion thereof, as estimated by the District Engineer. For accessory dwelling units not contained within the existing space of a single-family residence or accessory structure, and for accessory dwelling units contained within the existing space of a single-family residence or accessory structure for which the applicant requests installation of a separate sewer lateral for the accessory dwelling unit, the determination described in the preceding sentence shall be based upon either the size of the accessory dwelling unit or the number of plumbing fixtures installed in the accessory dwelling unit.
b. Nonresidential Users. A local wastewater capacity reserve fee shall be charged to all nonresidential users based on average daily flow proposed to be discharged to the wastewater system, which shall be estimated by the District Engineer.
D. Failure to Connect After Payment of Fees. If an authorized connection associated with a certificate of capacity rights have not been made within 30 calendar days after payment of the capacity reserve fees pursuant to DSRSDC 3.70.080, additional capacity reserve fees comprised of the difference between the capacity reserve fees paid at issuance of the lapsed certificate of capacity rights and the capacity reserve fees in effect within 30 calendar days prior to the actual time of authorized connection, shall be paid in full to perfect the certificate of capacity rights and as a condition precedent to connecting to District facilities. For the purposes of this section, an authorized connection is made when a new or larger water meter is installed, or when the building structures for which all or a substantial portion (as determined by the District Engineer) of the certificate of capacity rights is issued are constructed and connected to District facilities.
E. Special Arrangements. In addition to the applicable fee specified in this section:
1. A special capacity reserve fee shall be paid for improvements, as defined in DSRSDC 2.50.040, Definitions, subject to a reimbursement agreement entered into under Chapter 2.50 DSRSDC, Reimbursement Agreements. The amount of the special capacity reserve fee shall be determined in accordance with the terms and conditions of the reimbursement agreement.
2. Notwithstanding any provision of this code to the contrary, the District may, by special contract, ordinance, or resolution, require an additional payment to reimburse the District for an equitable portion of the costs of existing capital facilities and equipment that will be used to provide water and/or wastewater services to the new system user, or existing system user who is expanding its use of services, which costs will not, due to unusual or extraordinary circumstances as determined by the District Engineer, be fully reimbursed through the applicable capacity reserve fees. [Ord. 342, 2017. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 133, 1978; Ord. 136, 1978; Ord. 137, 1978; Ord. 142, 1978; Ord. 146, 1979; Ord. 147, 1979; Ord. 153, 1980; Ord. 159, 1980; Ord. 165, 1981; Ord. 171, 1982; Ord. 172, 1982; Ord. 174, 1982; Ord. 175, 1982; Ord. 182, 1983; Ord. 184, 1983; Ord. 185, 1983; Ord. 188, 1984; Ord. 190, 1984; Ord. 191, 1984; Ord. 192, 1984; Ord. 197, 1985; Ord. 200, 1985; Ord. 203, 1986; Ord. 216, 1988; Ord. 218, 1988; Ord. 223, 1989; Ord. 226, 1989; Ord. 232, 1990; Ord. 233, 1990; Ord. 234, 1990; Ord. 240, 1991; Ord. 241, 1991; Ord. 250, 1992; Ord. 270, 1996; Ord. 273, 1997; Ord. 274, 1997; Ord. 278, 1997; Ord. 291, 2003; Ord. 301, 2004; Ord. 327, 2010; Ord. 331, 2013; Ord. 339, 2016; Ord. 340, 2016.]
3.70.020 Minimum capacity reserve fee.
The minimum capacity reserve fees for water and/or wastewater service for any individual property shall be equal to that for 5/8-inch water meter for water service and a single-family dwelling unit equivalent for wastewater service, except as the District Engineer may, in his or her sole discretion, determine based on actual or estimated discharges of wastewater flow, BOD, and SS, as generally described in DSRSDC 3.70.010(C)(1)(a), Residential Users, and (C)(2)(a), Residential. [Ord. 142, 1978; Ord. 146, 1979; Ord. 273, 1997; Ord. 327, 2010.]
3.70.030 District right to assess additional capacity reserve fees for existing connections – Wastewater.
The District reserves the right to impose and collect an additional capacity reserve fee for an existing nonresidential wastewater connection at any time if the average daily flow, BOD and SS discharged into the wastewater system over a 12-month period exceeds that average daily flow, BOD and SS upon which the original capacity reserve fee was based, as determined by the District Engineer in accordance with DSRSDC 3.60.060, Adjustment to allocated capacity – Modification of certificate of capacity rights. Adjustments shall be made to the certificate of capacity rights and associated capacity allocation in accordance with Chapter 3.60 DSRSDC, Service Capacity Allocation. [Ord. 142, 1978; Ord. 146, 1979; Ord. 193, 1984; Ord. 273, 1997; Ord. 327, 2010.]
3.70.040 Installment payment of regional wastewater capacity reserve fees.
Payment of the eligible portion of the regional wastewater capacity reserve fee in monthly installments is an option available, in the manner described in this section, to: (A) nonresidential applicants, including school applicants; (B) the affordable units within any residential development in the city of San Ramon that meet or exceed the adopted “Citywide Below Market Rate” requirement, as described in the San Ramon general plan; (C) the affordable units within any residential development in the city of Dublin that meet or exceed the implemented “affordability requirement,” as described in the city of Dublin zoning ordinance; and (D) the affordable units within any residential development in the city of Pleasanton that meet or exceed the required percentage of “inclusionary units” for a development as defined in the inclusionary zoning ordinance of the city of Pleasanton. To the extent allowed by the preceding sentence, the District may allow a qualified applicant to defer payment of the specified portion of the regional wastewater capacity reserve fee. Applicants participating in the option offered herein shall enter into an agreement with the District and pay an initial setup fee and a monthly charge associated with the administration of this option.
A. Minimum and Maximum Regional Wastewater Capacity Reserve Fee. Where the amount of the regional wastewater capacity reserve fee otherwise eligible for deferral pursuant to this section is between $25,000 and $100,000, payment of the eligible portion thereof plus five percent per annum interest may be made in monthly installments over a period up to 10 years, if, following execution by the user of an agreement for installment payments of regional wastewater capacity reserve fees in a form approved by the Board, the agreement is executed by the General Manager on behalf of the District.
B. Agreement Conditions. Without limitation upon such other terms and conditions as the Board may require, such agreement shall at a minimum provide: (1) that an individual water meter shall be installed for the measurement of all potable water used on the property or that portion of the property for which wastewater service has been requested; and (2) that the user shall pay in full, upon entering into the agreement, all of the potable water capacity reserve fee, all of the recycled water capacity reserve fee, all of the local wastewater capacity reserve fee, all of the regional wastewater capacity reserve fee not eligible for deferral, and 20 percent of the regional wastewater capacity reserve fee eligible for deferral, and the user shall thereafter, in monthly installments, pay the balance of the regional wastewater capacity reserve fee eligible for deferral. Each installment payable under the agreement shall be paid within 30 days of billing.
1. Administrative Charges. As a condition of approval of an agreement for installment payments of regional wastewater capacity reserve fees, the applicant shall also pay an installment payment initial setup fee and a monthly administration charge pursuant to DSRSDC 3.70.070(B)(14), Inspection and project review fees – Miscellaneous fees, to compensate for the District’s cost of administering the agreement.
For all agreements for installment payments of regional wastewater capacity reserve fees executed on or after October 16, 2003, the balance of the regional wastewater capacity reserve fee eligible for deferral shall be deemed to include an installment payment initial setup fee, in an amount established by separate ordinance or resolution of the Board to compensate for the District’s cost of administering the agreement.
For all agreements for installment payments of regional wastewater capacity reserve fees executed before October 16, 2003, each monthly installment shall include a monthly administration charge in an amount determined by the District from time to time to compensate for the District’s cost of administering the agreement.
2. Additional Charges for Late Payment. Upon late payment or nonpayment of any installment when due, the entire remaining balance shall immediately become due and payable. A late charge may also be assessed in accordance with Chapter 1.50 DSRSDC, Nonpayment of Fees and Charges. The District, at its discretion, may charge an additional fee for collection of overdue fees and charges. Remedies for collection and enforcement shall be in accordance with Chapter 1.50 DSRSDC, Nonpayment of Fees and Charges.
3. Reduction in Capacity. Upon failure to pay the entire remaining balance (as described in subsection (B)(2) of this section, Additional Charges for Late Payment) within 60 days of notice of delinquency, service to the property shall be discontinued by means of disconnecting or plugging the wastewater service lateral in its entirety, or, as an alternative, the District may install a device in the wastewater service lateral (or in the water service lateral) to reduce the allowable flow therein in proportion to the amount paid towards the entire regional wastewater capacity reserve fee for the applicant’s property. In making this calculation, the District may treat revenues received from the local wastewater capacity charge as if they had been paid against the regional wastewater capacity charge in order to arrive at a single amount of capacity in both the local and the regional wastewater systems, measured in dwelling unit equivalents.
4. Assignment to Property. Agreements entered pursuant hereto shall include a description of the property affected thereby, shall provide that they shall not be assignable without the express written consent of the General Manager, and each such agreement shall be submitted by the District to the county recorder’s office for the county in which the property is located, for recordation in the official records thereof.
C. Nonpayment Remedies. Remedies of the District for nonpayment or any other failure to comply with the terms and conditions of any agreement entered pursuant to the provisions of this section shall be deemed cumulative and in addition to any and all other remedies which may accrue to the District by such reason. [Ord. 273, 1997; Ord. 274, 1997; Ord. 303, 2004; Ord. 318, 2006; Ord. 321, 2008; Ord. 324, 2009; Ord. 327, 2010.]
3.70.050 Partial refund of capacity reserve fees.
Except as noted to the contrary in this section, capacity reserve fees paid under this chapter are nonrefundable. A partial refund may be issued upon reduction in capacity rights only if, following the process set forth in accordance with DSRSDC 3.60.060, Adjustment to allocated capacity – Modification of certificate of capacity rights, the District determines that the capacity used is less than the capacity granted in the certificate of capacity rights. [Ord. 331, 2013. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 159, 1980; Ord. 190, 1984; Ord. 273, 1997; Ord. 327, 2010.]
3.70.060 Meter assembly installation fee – Water.
The fee for meter assembly installation shall be as established by separate ordinance or resolution of the Board, based on the size of service and water meter. [Ord. 69, 1969; Ord. 114, 1975; Ord. 118, 1975; Ord. 133, 1978; Ord. 156, 1980; Ord. 174, 1982; Ord. 198, 1985; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]
3.70.070 Inspection and project review fees – Miscellaneous fees.
Fees herein shall be payable by the applicant prior to issuance of construction permit or recycled water use license, pursuant to Chapter 3.50 DSRSDC, Construction Permit. Fees and charges herein shall be based on the estimated reasonable cost to the District to provide services associated with the authorization, project planning, review, and inspection of new facilities installation, or of modifications to existing facilities due to expansion of service, which connect to District facilities, and for any other service established by the Board for new or expanded service connections. The applicant shall be charged for the additional cost of the District to provide additional or extra services beyond the typical services for which the fees referenced herein are intended to compensate.
A. Water. The fees shall be in the amounts established by separate ordinance or resolution of the Board, for services including but not limited to each of the following:
1. Water main installation inspection;
2. Fire hydrant installation inspection;
3. Building service line installation inspection;
4. Blow-off valve or air relief valve inspection;
5. Backflow prevention device inspection;
6. Fire service line and fire sprinkler backflow prevention device installation inspection;
7. Service assembly and service connection inspection;
8. Hourly rate for inspections conducted other than during regular business hours;
9. Minimum inspection charge and hourly rate for weekends or holidays;
10. Project planning and review;
11. Recycled water irrigation system plan review;
12. Recycled water irrigation system initial inspection;
13. Recycled water irrigation system license fee;
14. Variance review.
B. Wastewater. The fees shall be in the amounts established by separate ordinance or resolution of the Board, for services including but not limited to each of the following:
1. Wastewater main installation inspection;
2. Saddle installation or manhole connection;
3. Lateral sewer installation;
4. House sewer installation;
5. Annual grease trap maintenance;
6. New grease trap installation;
7. Subsequent corrective/compliance inspections of grease traps;
8. Inspection of repairs or minor alterations;
9. Inspection of special or single structures (e.g., manholes) appurtenant to project;
10. Hourly rate of charge for inspections conducted other than during regular working hours (8:30 a.m. to 4:30 p.m. weekdays);
11. Minimum inspection charge and hourly rate for weekend or holiday;
12. Sewer flushing;
13. Project planning and review;
14. Administration of regional wastewater capacity reserve fee installment payment plan (an installment payment initial setup fee and a monthly administration charge);
15. Variance review.
16. Administration for extension of certificate of capacity rights expiration. [Ord. 69, 1969; Ord. 107, 1974; Ord. 118, 1975; Ord. 133, 1978; Ord. 142, 1978; Ord. 146, 1979; Ord. 170, 1981; Ord. 190, 1984; Ord. 206, 1986; Ord. 215, 1987; Ord. 220, 1988; Ord. 247, 1992; Ord. 248, 1992; Ord. 270, 1996; Ord. 273, 1997; Ord. 300, 2004; Ord. 303, 2004; Ord. 304, 2004; Ord. 305, 2004; Ord. 327, 2010.]
3.70.080 Time of payment.
Construction permits shall not be issued until all District fees have been paid, except for capacity reserve fees pursuant to DSRSDC 3.70.010 through 3.70.030, to be paid later in accordance with this section. Certificates of capacity rights shall not be issued until all District fees associated therewith have been paid in full except for payment of the portion of the regional wastewater capacity reserve fee eligible for installment payments pursuant to an agreement duly executed by the applicant and the District as provided in DSRSDC 3.70.040, Installment payment of regional wastewater capacity reserve fees. Zone 7 wholesale fees shall be collected at the time the water meter is installed pursuant to the agreement between Zone 7 and the District. Prepayment of capacity reserve fees is not permitted.
A. Capacity Reserve Fee. No connection to the facilities of the District shall be made, certificate of capacity rights issued, nor water meter installed until the capacity reserve fees are paid except as otherwise provided in DSRSDC 3.70.040, Installment payment of regional wastewater capacity reserve fees.
1. Water capacity reserve fees shall be paid within 30 calendar days prior to installation of a new or larger water meter.
2. Wastewater capacity reserve fees for connections within the District’s wastewater service area shall be paid within 30 calendar days prior to installation of a new or larger water meter.
a. If installation of a new or larger water meter is not required but a building permit is required by the city or county of jurisdiction, wastewater capacity reserve fees shall be paid within 30 calendar days prior to issuance of the building permit. No building permit may be issued until capacity reserve fees are paid.
b. If neither a building permit nor a new or larger water meter is required, wastewater capacity reserve fees shall be paid within 30 calendar days prior to an application for wastewater service submitted pursuant to DSRSDC 3.40.030.
c. If the initiation of service is not subject to the provisions of DSRSDC 3.40.030, and neither a building permit nor a new or larger water meter is required, wastewater capacity reserve fees shall be paid within 30 calendar days prior to the first use of the additional capacity required as a result of the expansion of any building or structure, or of the intensification of use, or of the initiating of service to a new building or structure subject to the provisions of DSRSDC 3.40.040.
B. Project Planning and Review Fees. Project planning and review fees pursuant to DSRSDC 3.70.070, Inspection and project review fees – Miscellaneous fees, shall be due and payable upon the initial submittal of plans for review. Project planning and review fees assume review of two iterations of improvement plans for which the fees are charged; review of additional iterations is beyond typical services and will require additional payments. Payment for additional plan review services shall be made prior to approval of plans if no construction permit is required, and prior to issuance of a construction permit if a construction permit is required.
C. Inspection Fees. Inspection fees pursuant to DSRSDC 3.70.070, Inspection and project review fees – Miscellaneous fees, shall be due and payable prior to issuance of a construction permit. In the event that the construction permit expires per DSRSDC 3.50.040, Expiration of construction permit, and an extension is not granted per DSRSDC 3.50.050, Extension of construction permit, inspection fees paid in advance under this section may be refunded, pro rata, based upon services rendered by the District.
D. Miscellaneous Fees and Charges. Other fees and charges established by the Board from time to time shall be due and payable as specified in the ordinance or resolution establishing such fees or charges.
E. Failure to Timely Pay Fees and Charges. Failure to pay for fees or charges incurred during construction and prior to project acceptance may result in halt in construction inspection, or provision of services that the District provides, until such fees or charges are paid in full. [Ord. 339, 2016. Prior legislation: Ord. 69, 1969; Ord. 107, 1974; Ord. 118, 1975; Ord. 133, 1978; Ord. 142, 1978; Ord. 146, 1979; Ord. 170, 1981; Ord. 190, 1984; Ord. 216, 1988; Ord. 247, 1992; Ord. 249, 1992; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010; Ord. 331, 2013.]