Chapter 4.05
GENERAL PROVISIONS

Sections:

4.05.010    Short title.

4.05.020    Purpose.

4.05.030    Authority.

4.05.040    Additional revenue.

4.05.050    Administration.

4.05.060    Validity.

4.05.070    Supersession.

4.05.080    Effective date.

4.05.090    Definitions.

4.05.010 Short title.

This title will be known as the fees and charges ordinance of West County Wastewater District. [Ord. 2023-004 § 1.010]

4.05.020 Purpose.

The purpose of this title is to impose charges for services and facilities furnished by, or available from, the district in connection with its sewer system and to provide for collection of these charges. [Ord. 2023-004 § 1.020]

4.05.030 Authority.

The district is empowered under Health and Safety Code Section 5471 et seq. to prescribe, revise, and collect fees, tolls, rates, rentals, or other charges for services and facilities furnished by it and to collect such charges on the tax roll or by direct billing. [Ord. 2023-004 § 1.030]

4.05.040 Additional revenue.

The revenue provided for by this title will be in addition to all revenue otherwise collected by or on behalf of the district, including, but not limited to, ad valorem taxes, federal and state grants and loans, bond revenue, contract revenue, or investment income. [Ord. 2023-004 § 1.040]

4.05.050 Administration.

The general manager will administer, implement, and enforce the provisions of this title. [Ord. 2023-004 § 1.050]

4.05.060 Validity.

If any court holds any part, section, subsection, paragraph, sentence, clause or phrase of this title to be illegal, invalid, or unconstitutional for any reason, that decision will not affect the legality, validity, or constitutionality of the remainder of this title. The board of directors declares that it would have adopted each provision of this title irrespective of the validity of any other provision. [Ord. 2023-004 § 1.060]

4.05.070 Supersession.

This title supersedes Title 6 (Connections and Fees), Chapter 8.20 WCWDC (Fees and Charges), and Chapter 9.35 WCWDC (Fees), with respect to any rights, duties, or privileges arising after the effective date of the ordinance codified in this title. [Ord. 2023-004 § 1.070]

4.05.080 Effective date.

This title becomes effective January 1, 2023. [Ord. 2023-004 § 1.080]

4.05.090 Definitions.

“Annexation” means the procedure for incorporation of land within the boundaries of the district.

“Board” means the board of directors of the West County Wastewater District.

“Capacity charge study” means the West County Wastewater Sewer System Capacity Charge Study, as amended from time to time, and available on the WCW website.

“Connection” means the joining of any structure, building or facility to any sewer line entering the sewer system of the district for the purpose of discharging sanitary or industrial sewage or waste.

“District” or “WCW” means the West County Wastewater District of the county of Contra Costa, state of California.

“Dwelling unit” means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family on a transient, semi-permanent or permanent basis, with facilities for living, sleeping, cooking and eating.

“Fee schedule” means the West County Wastewater District Schedule of User Fees, which is adopted from time to time by the board and available on the WCW website.

“Fiscal year” means the 12-month period beginning July 1st and ending on June 30th of the following calendar year.

“General manager” means the general manager of the district, or their designee.

“Governmental or public premises” means and includes premises which are owned, controlled or used by (1) the United States Government or any department or agency thereof, (2) the state of California or any department or agency thereof, (3) any city, county, town or city and county or any of their departments or agencies, (4) any school district, (5) any other governmental or public entity.

“Industrial user” means any industrial user who contributes or causes the contribution of wastewater into the WCW sewer system and is subject to the WCW source control program.

“Multiple-family units” means a building designed for occupancy by two or more families.

“Owner” means the person liable to pay real property taxes on a parcel.

“Parcel” means any area of land contained within a single legal description and as shown on maps prepared and filed by the assessor’s office of the county in which the land is located.

“Person” means any individual, firm, partnership, corporation or business association. The singular shall include the plural.

“Premises” means the property receiving the benefits from the WCW sewer system and includes the words “parcel,” “lot,” or “land,” singly or in combination, as appears on maps or the assessment roll on file in the county in which the land is located.

“Rate study” means the West County Wastewater Sewer Use Charge Rate Plan and Study, as amended from time to time, and available on the WCW website.

“Sewer system” means the whole or any part of the network of wastewater collection, conveyance, treatment, disposal, and recycled water facilities either owned in whole or in part by WCW or used by WCW pursuant to a contract.

“Single-family units” means a building designed for occupancy by a single family.

“Unoccupied” means a parcel that is connected to the sewer system or for which sewer system services are immediately available, but which has no current occupants or active use, e.g., closed commercial business.

“Vacant” means a parcel within the WCW jurisdictional boundary that does not have a connection to the district’s sewer system. Any parcel that is connected to the sewer system or for which sewer system services are immediately available cannot be deemed vacant. But, see definition of “unoccupied.”

WCW. See “District.”

Words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word “person” includes natural persons, as well as a partnership, joint venture, association or corporation. [Ord. 2023-004 § 1.090]