Chapter 5.30
RATES AND CHARGES
Sections:
5.30.020 Establishment of service and calculation of service charges.
5.30.030 Minimum service charge.
5.30.040 Partial period service.
5.30.050 Flow meter(s), deduct meter(s) and/or other measuring device(s).
5.30.060 Ownership of and access to flow meter(s), deduct meter(s), or other monitoring device(s).
5.30.070 Commencement of service, demand, and loading charges – Deposit.
5.30.080 Shared potable meter or nonmetered service.
5.30.090 Industrial waste program user fees and charges.
5.30.100 Joint powers agreements – Agreements to provide service.
5.30.120 Methods of billing wastewater charges.
5.30.130 Nonpayment of wastewater services fees and charges – Late charge.
5.30.140 Procedures for collection of delinquent wastewater fees and charges by tax roll.
5.30.010 User classification.
Users of the treatment works shall be categorized as follows for billing purposes:
A. Residential Users. “Residential user” means a resident of a single- or multiple-family dwelling receiving District services at his or her place of residence. The classes of residences are generally defined in subsections (A)(1) through (4) of this section, and the District Engineer shall have discretion to determine which class is applicable to a particular residential user where that user shares some characteristics of more than one class. In the absence of a determination to the contrary, each residential user shall be deemed to be residing in a single-family dwelling unit (or residence).
1. “Multifamily residence” (or “multiple-family residence”) means a residential unit (other than an accessory dwelling unit) attached to one or more other residential units, with one or more adjacent common areas irrigated through a separate irrigation water meter. This includes apartments, condominiums, and townhomes as further described in subsections (A)(1)(a) through (c) of this section. Neither a single-family dwelling nor an accessory dwelling unit is a multifamily residence.
a. “Apartment” means a multifamily residence that is owned in common with one or more other apartments, and with the underlying land and one or more adjacent common areas. Apartments are intended to be rented to a tenant or other occupant.
b. “Condominium” means a multifamily residence that is individually owned, where the underlying land and one or more adjacent common areas are under common ownership.
c. “Townhome” means a multifamily residence that is individually owned along with the underlying land, but adjacent to common areas under separate or common ownership.
2. “Accessory dwelling unit” means a residential unit, no larger than the maximum size authorized for use as a second dwelling unit, or as an accessory dwelling unit, by the local agency with land use authority, with a separate kitchen, sleeping, and bathroom facilities, which receives water service through the same water meter as, and which is located on the same individual parcel of land with the same numerical street address as, the single-family dwelling unit, but which is smaller than (or otherwise subservient to) the single-family dwelling unit that serves as the principal residence on the parcel of land.
3. “Single-family dwelling unit” (or “residence”) means a residential unit located on its own individual parcel of land (with or without an accessory dwelling unit) and designed to house one family and which is not attached to another dwelling (other than an accessory dwelling unit).
a. “Single-family dwelling unit” (or “residence”) includes each mobile home located on its own individual parcel of land and not in a mobile home park.
b. “Single-family dwelling unit” (or “residence”) also includes each residential dwelling unit attached to one or more other residential units where each unit is located on its own individual parcel of land, but without an adjacent common area irrigated through a separate irrigation water meter.
4. Notwithstanding the foregoing, each mobile home located in a mobile home park is also defined as a multifamily residence, subject to the District Engineer’s discretion to determine that another class is more appropriate.
B. Nonresidential Nonindustrial Dischargers/Users. Nonresidential nonindustrial dischargers/users are characterized by the District Engineer as low, medium, and high strength uses based on estimates of the respective BOD and SS being discharged.
1. The following categories are examples of low strength institutional and commercial uses:
a. Gas stations, banks, hotels, private office complexes, schools (excluding cafeterias), retail and wholesale stores and bars.
Low strength uses includes all users not assigned by the District Engineer to a higher strength classification.
2. The following categories are examples of medium strength institutional and commercial uses:
a. Fast Food Restaurant. Primarily engaged in cooking and serving of food utilizing disposable serving products (i.e., styrofoam, plastic or paper). May perform limited baking activities relative to foods which are served with the meal and are generally not sold separately.
b. Full Service Restaurant, Cafeteria and Banquet Facilities. Primarily engaged in cooking and serving of meals utilizing flatware, silverware, glasses, dishwashing and limited baking activities for on-site use.
3. The following categories are examples of high strength industrial and commercial uses:
a. Grocery Market with Garbage Disposal. Primarily engaged in selling of goods and food products that are not dry goods, where food products are prepared on site.
b. Bakeries.
C. Significant Industrial User. As defined in the definition for “Significant industrial user” in DSRSDC 5.20.030, Definitions. Other industrial users are characterized as low, medium, and high strength dischargers as determined by the District Engineer.
D. Subscribing Agency. A public agency that contributes wastewater from its wastewater collection system to a wastewater system operated by the District. [Ord. 341, 2017; Ord. 342, 2017. Prior legislation: Ord. 142, 1978; Ord. 146, 1979; Ord. 165, 1981; Ord. 273, 1997; Ord. 327, 2010.]
5.30.020 Establishment of service and calculation of service charges.
A. Establishment. Periodic service charges, including a local service charge and a regional service charge, are established for all users connected to the wastewater system according to the schedule set forth by separate ordinance or resolution duly adopted from time to time by the Board. As is set forth in DSRSDC 5.10.050(E), Liability of Owner and Tenant, owners, their tenants, and other users of the property shall be jointly and severally liable for payment of charges, including the service, demand, and loading charges described in this section.
B. Calculation. Service charges shall be calculated by user class in the following manner:
1. Residential Users. Service charges for residential users shall be based on discharges of wastewater flow based on water deliveries, and the BOD and SS as estimated by the District Engineer. The service charge will apply to each residential dwelling unit, as such units are described in DSRSDC 5.30.010(A), Residential Users. The Board may adopt a flat rate for all residential customers residing in a certain residence class or dwelling unit type.
2. Nonresidential Dischargers/Users. Except as specified in DSRSDC 5.30.080, Shared potable meter or nonmetered service, or in subsection (B)(3) of this section, Significant Industrial Users, service charges for institutional, industrial and commercial users shall be based on flow as measured by deliveries of potable water through the potable water meter serving that user, and the estimated BOD and SS as established by the District Engineer, which estimate may be based on the classification of the estimated strength (typically classified as low, medium, or high) of that type of use. The District Engineer has the discretion to recommend that a flat rate or a minimal charge be developed for and levied upon all institutional, industrial and commercial users of a common type or classification.
3. Significant Industrial Users. Service charges for such industrial users shall be based on measured discharges of wastewater flow, BOD and SS. The measurements shall be obtained from monitoring facilities installed on public property at the points of discharge to the sewer system, unless another location is approved by the District Engineer. Both installation and operating costs of the monitoring facilities shall be at the sole expense of the user. Frequency of monitoring shall be determined by the District Engineer.
Service charges for such industrial users shall be comprised of demand charges and loading charges. Demand charges shall be based on capacity rights for each peak month billable parameter and shall be collected in periodic installments. Upon determining that an unusually high measurement is not representative of a user’s long-term use of the wastewater system and/or can be explained by a onetime event, the District Engineer shall have discretion to decline to use such measurement as the peak month billable parameter for the calculation of demand charges. Daily use shall be based on the number of normal working days in the peak month. Normal working days shall be defined as the normal five-day work week of Monday through Friday, less holidays. For a user’s normal work days to exceed five days a week, the flow from the sixth and/or seventh day must approximate the average daily flow of the five-day work week.
The District Engineer has the discretion to use a user’s peak month use for each billable parameter to calculate demand charges, if: (a) each billable parameter used is greater than the capacity rights; (b) the user does not want to purchase more capacity rights; and (c) it appears that the user will eventually lower use to within the user’s capacity rights.
When a user discharges less than the peak month use figures used to calculate the demand charge, regardless of whether they are based on capacity rights or actual wastewater discharges, the user shall be billed for the full amount for which capacity was reserved. Should the peak month use figures be exceeded, the user shall be billed the demand unit costs multiplied by the new peak month discharge. This amount shall be assessed retroactively to the beginning of the fiscal year and for each month through the remainder of the fiscal year. The new peak month discharge shall also be used to calculate demand charges for the following four years or until either a higher peak month discharge occurs or the user maintains discharges within the user’s capacity rights for a period of one year.
Loading charges shall be computed and derived according to the recorded discharge for the billing period.
If the user’s wastewater flow and strengths are relatively constant, the District Engineer may establish a unit rate per hundred cubic feet (ccf) of metered water use or wastewater discharged until the time that it has been determined that there has been a significant change, as determined at the discretion of the District Engineer, in the user’s operation which would materially affect sewage flows and strengths.
4. Subscribing Agencies. Service charges to subscribing agencies shall be based on measured discharges of wastewater flow, BOD and SS and shall be established by contract, or, if the contract so provides, as determined by the District Engineer from time to time. [Ord. 341, 2017. Prior legislation: Ord. 142, 1978; Ord. 146, 1979; Ord. 165, 1981; Ord. 185, 1983; Ord. 187, 1984; Ord. 192, 1984; Ord. 197, 1985; Ord. 199, 1985; Ord. 214, 1987; Ord. 221, 1988; Ord. 228, 1989; Ord. 231, 1990; Ord. 237, 1991; Ord. 245, 1991; Ord. 253, 1993; Ord. 257, 1994; Ord. 262, 1995; Ord. 267, 1995; Ord. 270, 1996; Ord. 273, 1997; Ord. 319, 2007; Ord. 327, 2010.]
5.30.030 Minimum service charge.
The minimum bimonthly service charge per user shall be equal to that levied a multiple-family residential user. [Ord. 142, 1978; Ord. 146, 1979; Ord. 165, 1981; Ord. 273, 1997; Ord. 327, 2010.]
5.30.040 Partial period service.
Charges for service rendered only a portion of the billing period shall be computed as follows:
A. Flat Rate Users. Flat rate users’ charges shall be prorated based on the ratio of the number of days of service to the number of days in the applicable billing cycle.
B. Metered Water Users. Metered water users’ charges shall be computed on the basis of actual water use recorded during the period. [Ord. 142, 1978; Ord. 146, 1979; Ord. 273, 1997; Ord. 327, 2010.]
5.30.050 Flow meter(s), deduct meter(s) and/or other measuring device(s).
A. Flow Meter, or Other Monitoring Device(s) Required by District. The District Engineer may require the user to install one or more flow meter(s) and/or other monitoring device(s) in accordance with Chapter 5.20 DSRSDC, Wastewater Discharge Requirements and Pretreatment Regulations.
1. The discharger shall maintain, in good and accurate condition, the flow meter used to totalize the volume of wastewater discharged to the sanitary sewer. As part of the maintenance program the flow meter shall be calibrated either according to the permit issued to the discharger pursuant to Chapter 5.20 DSRSDC, Wastewater Discharge Requirements and Pretreatment Regulations, or according to the manufacturer’s specifications, whichever is more stringent.
2. The discharger shall grant the District staff or authorized representatives entrance to the permitted facility for the purposes of inspection and sampling at all reasonable times in accordance with DSRSDC 5.20.420, Right of entry – Inspection and sampling. The inspection shall include the examination of all files pertaining to the requirements contained within the wastewater discharge permit and the Dublin San Ramon Services District Code and/or the examination of all sources of industrial wastewater discharge.
3. The discharger shall inform District staff of the facility’s safety procedures and requirements, including the use of personal protective equipment.
4. The flow meter and/or other measuring devices shall be read by the District on a regular basis, usually bimonthly. Special meter readings may be taken because of change of customer, change of the meter, or at other times as determined necessary by the District. If a flow meter cannot be read (or in the event that a flow meter has not registered or has registered incorrectly), the full amount of metered water shall be used to calculate the wastewater service charges.
5. A flow meter or other measuring device determined by the District to not be operating properly or to be defective shall be promptly replaced by the discharger.
6. The operation and maintenance of the flow meter or other measuring device shall be at discharger’s sole cost and expense except to the extent otherwise specified in the permit issued pursuant to Chapter 5.20 DSRSDC, Wastewater Discharge Requirements and Pretreatment Regulations.
B. Deduct Meter or Other Measuring Device(s) Requested by Customer. A customer who believes that the quantity of wastewater discharged to the District’s wastewater system is considerably less than the quantity of water delivered to the property through the primary water meter may request permission to install a deduct meter to measure the quantity of water that is delivered for irrigation (or another use that will be excluded from being discharged by a customer into a side sewer) in order to calculate a reduced amount of flow being discharged by a customer into a side sewer (as compared to the quantity of water delivered to the premises through a primary water meter).
1. The District Engineer may, at his or her discretion, grant such permission, but only pursuant to, and in accordance with the terms and conditions specified in, a written agreement between the District and the customer.
2. All of the foregoing activities are at the customer’s sole cost and expense except to the extent otherwise specified in the written agreement.
C. Submetering Requested by Customer. Where multiple nonresidential users receive water service through a single water meter, the customer responsible for payment through the meter may request permission to install a submeter to measure the quantity of water that is delivered to the user whose classification is used, pursuant to DSRSDC 5.30.080(A), Shared Potable Meter, as the basis for the calculation of wastewater service charges.
1. The District Engineer may, at his or her discretion, grant such permission, but only pursuant to, and in accordance with the terms and conditions specified in, a written agreement between the District and the customer.
2. All of the foregoing activities are at the customer’s sole cost and expense except to the extent otherwise specified in the written agreement. [Ord. 69, 1969; Ord. 118, 1975; Ord. 142, 1978; Ord. 146, 1979; Ord. 167, 1981; Ord. 273, 1997; Ord. 327, 2010.]
5.30.060 Ownership of and access to flow meter(s), deduct meter(s), or other monitoring device(s).
Consistent with the general provisions of this code to the effect that facilities on the customer side of the point of connection shall be owned, operated, and maintained by the customer, each flow meter(s), deduct meter(s), and/or other measuring device(s) described in DSRSDC 5.30.050, Flow meter(s), deduct meter(s) and/or other measuring device(s), shall be owned by the customer, who shall grant the General Manager and other officers, employees, and agents of the District reasonable access to the flow meter, deduct meter or other measuring device(s) described herein. If access to such measuring device(s) is restricted in violation of the preceding sentence, the customer shall be deemed to have agreed that the full quantity of water delivered to the property through the primary water meter shall be used to calculate the wastewater service charges notwithstanding any provisions to the contrary. [Ord. 327, 2010.]
5.30.070 Commencement of service, demand, and loading charges – Deposit.
A. Commencement of Service Charges. Service charges for each user shall commence on the date the customer purchases sewer capacity in accordance with Chapter 3.60 DSRSDC, Service Capacity Allocation, on the date an account is established pursuant to DSRSDC 5.10.050, Account required for service, or on the date the District’s collection, treatment, and disposal facilities are physically connected to the property to be served, whichever is latest. Service charges shall continue to accrue throughout the entire period when wastewater collection is immediately available irrespective of the quantity of wastewater, if any, actually discharged.
B. Commencement of Demand and Loading Charges. Demand charges and loading charges, as described in DSRSDC 5.30.020(B)(3), Significant Industrial Users, shall commence on the date the customer makes the service connection, on the date an account is established pursuant to DSRSDC 5.10.050, Account required for service, or the date the District’s facilities are ready for use, whichever is latest.
C. Deposit.
1. The District may, based on a customer’s inability or unwillingness to satisfy the District as to their identity, require a deposit the amount of which is defined in the Red Flag Rules Procedural Documentation.
2. The District may, based on questions about a customer’s creditworthiness, which may include but is not limited to a prior discontinuance of water or wastewater service for failure to pay rates and charges, require a deposit in an amount equal to the average amount billed for two billing cycles based on the pertinent account type or user classification. [Ord. 142, 1978; Ord. 146, 1979; Ord. 197, 1985; Ord. 199, 1985; Ord. 209, 1987; Ord. 216, 1988; Ord. 273, 1997; Ord. 327, 2010.]
5.30.080 Shared potable meter or nonmetered service.
A. Shared Potable Meter. The service charges for multiple nonresidential users who receive water service through a single water meter shall be calculated using the estimated BOD and SS for the classification (selected from the classifications applicable to the use(s) of water served through the shared meter) that will result in the greatest burden on the District’s wastewater system, as determined by the District Engineer.
If the customer properly installs and maintains an approved submeter in full compliance with DSRSDC 5.30.050(C), Submetering Requested by Customer, and with the agreement between the customer and the District pursuant thereto:
1. The estimated BOD and SS for the classification (selected from the classifications applicable to the use(s) of water served through the shared meter) that will result in the greatest burden on the District’s wastewater system, as determined by the District Engineer, shall be applied to the full quantity of water delivered through the submeter.
2. The estimated BOD and SS for the classification (selected from the classifications applicable to the remaining use(s) of water served through the shared meter) that will result in the greatest burden on the District’s wastewater system, as determined by the District Engineer, shall be applied to the remainder of the quantity of water delivered through the shared meter.
B. Nonresidential Users Not Receiving Metered Water Service. Service charges for nonresidential users not receiving metered water service shall be based on discharges of wastewater flow, BOD, and SS as estimated by the District Engineer.
C. Flow Meters. Notwithstanding DSRSDC 5.30.020(B)(2), Nonresidential Dischargers/Users, or the preceding provisions of this section, where a flow meter has been installed and is maintained pursuant to DSRSDC 5.30.050(A), Flow Meter, or Other Monitoring Device(s) Required by District, the service charge shall be calculated based on the flow measured by the flow meter and the estimated BOD and SS as established by the District Engineer, which estimate may be based on the classification of the estimated strength (typically classified as low, medium, or high) of that type of use.
D. Deduct Meters. Notwithstanding DSRSDC 5.30.020(B)(2), Nonresidential Dischargers/Users, or the provisions of subsection (C) of this section, Flow Meters, where a deduct meter has been installed and is maintained pursuant to DSRSDC 5.30.050(B), Deduct Meter, or Other Measuring Device(s) Requested by Customer, the service charge shall be calculated based on the flow through the water meter less the flow measured by the deduct meter and the estimated BOD and SS as established by the District Engineer, which estimate may be based on the classification of the estimated strength (typically classified as low, medium, or high) of that type of use, to the extent pursuant to, and in accordance with the terms and conditions specified in, a written agreement between the District and the customer. [Ord. 341, 2017. Prior legislation: Ord. 327, 2010.]
5.30.090 Industrial waste program user fees and charges.
In addition to the service charges described in DSRSDC 5.30.020, Establishment of service and calculation of service charges, industrial waste program user fees and charges are established for all industrial users (as defined in the definition of “Industrial user” in DSRSDC 5.20.030, Definitions) connected to the wastewater system. The Board shall, by ordinance or resolution duly adopted from time to time, describe pretreatment services and other wastewater services provided by the District pursuant to this chapter, and shall establish the applicable fees and charges therefor. Payment of such fees and charges shall be a condition of furnishing such services. As is set forth in DSRSDC 5.10.050(E), Liability of Owner and Tenant, owners, their tenants, and other users of the property shall be jointly and severally liable for payment of such fees and charges. [Ord. 298, 2003; Ord. 327, 2010.]
5.30.100 Joint powers agreements – Agreements to provide service.
Under California Government Code Sections 61060, 61100, and 61115, the District may, at the recommendation of the General Manager, and after due consideration of economic and engineering studies, enter into a joint powers agreement or agreement with any subscribing agency to provide wastewater treatment service with the District wastewater treatment plant. The District may provide in any such contract for the levying and collection of special rates for wastewater treatment services designed to fairly and equitably recover the costs of services rendered. [Ord. 142, 1978; Ord. 146, 1979; Ord. 273, 1997; Ord. 327, 2010.]
5.30.110 Periodic review.
The rates and charges prescribed in this chapter shall be reviewed as required to ensure conformance with federal EPA and California Clean Water Grant Program regulations, to ensure that all revenue requirements are satisfied, and to ensure just and equitable rates and charges. [Ord. 142, 1978; Ord. 146, 1979; Ord. 273, 1997; Ord. 327, 2010.]
5.30.120 Methods of billing wastewater charges.
The District may use a variety of methods to collect wastewater charges as authorized by the Board, whether delinquent or not, including use of property tax roll, use of internal billing system, third-party billing system or any other reasonable method. When the District elects to have its wastewater charges collected on the tax roll in the same manner as property taxes, the proceedings shall be those set forth in Section 5473 of the Health and Safety Code or those set forth in Section 61115(b) of the California Government Code.
Wastewater charges not collected in the tax roll shall be billed system users by the billing document periodically mailed by water purveyors serving the users. If a user is not receiving metered water service, the user shall be billed directly by the District.
For nonresidential customers in the wastewater service area of the District in Contra Costa County, sewer charges are billed by and payable to the East Bay Municipal Utility District. Bills shall be subject to the terms and billing cycles of the East Bay Municipal Utility District. [Ord. 142, 1978; Ord. 146, 1979; Ord. 158, 1980; Ord. 221, 1988; Ord. 273, 1997; Ord. 327, 2010.]
5.30.130 Nonpayment of wastewater services fees and charges – Late charge.
A. Late charges are governed by DSRSDC 1.50.010, Assessment of late charges.
B. The customer will be charged for wastewater service during a period in which water service is shut off for nonpayment, unless the District’s collection, treatment, and disposal facilities do not remain physically connected to the property to be served during that period. [Ord. 142, 1978; Ord. 146, 1979; Ord. 152, 1980; Ord. 165, 1981; Ord. 221, 1988; Ord. 269, 1996; Ord. 273, 1997; Ord. 327, 2010.]
5.30.140 Procedures for collection of delinquent wastewater fees and charges by tax roll.
When the District elects to use that tax roll on which property taxes are collected for the collection of delinquent wastewater service charges, the proceedings shall be those set forth in Section 5473 of the Health and Safety Code or those set forth in Section 61115(c) of the California Government Code. [Ord. 158, 1980; Ord. 273, 1997; Ord. 327, 2010.]