Chapter 4.25
MISCELLANEOUS FEES AND CHARGES
Sections:
4.25.020 Plan approvals and sewer permits.
4.25.050 Tentative map review fee.
4.25.060 Sewer main construction permit fee.
4.25.080 Environmental compliance inspections.
4.25.090 Temporary discharge permit.
4.25.120 Schedule of user fees.
4.25.010 Annexation fees.
A. Each person proposing the annexation of any parcel of land to the district shall pay, in addition to all other fees and charges, annexation fees in the amount specified in the most recent West County Wastewater District Schedule of User Fees. Each person shall also pay state filing fees for annexation proceedings pursuant to Sections 54900 to 54902.5 of the Government Code.
B. Each person proposing the annexation of any parcel of land to the district shall pay the expenses of the district for legal publication, preparation of plats and descriptions, and other costs incurred in connection with said annexation and shall deposit with the district the amount of said fees, costs and expenses as determined by the general manager at the time of filing a petition of annexation.
C. The board reserves the right to require as a condition of annexation that any person proposing annexation of any parcel of land to the district pay such larger annexation fee or charge as the board may deem proper considering special circumstances and previous assessments for bonds and improvements upon lands in the district in the vicinity of the land proposed to be annexed. [Ord. 2023-004 § 5.010]
4.25.020 Plan approvals and sewer permits.
A. Each person proposing the construction of any building, structure, or facility proposed to be connected to the sewer system of the district shall submit builders’ plans to the WCW engineering department for sewer location and grade approval, prior to application for a building permit with the applicable local governmental jurisdiction.
B. Each person prior to the beginning of the construction of sewers, other than sewer main extensions, connecting any building, structure or facility to the sewer system of the district, shall obtain a sewer permit.
C. The charge payable to the district for review and plan approval and for issuance of a sewer permit shall be as specified in the most recent fee schedule.
D. The fee for a construction permit reinspection that is the result of a no-show at the scheduled inspection shall be at the same permit fee as the original inspection fee. [Ord. 2023-004 § 5.020]
4.25.030 Deferred fees.
Annexation fees required in WCWDC 4.25.010 shall be deferred by the general manager (unless the deferral is waived by the affected property owner) whenever there has been an annexation of any parcel of land to the district by the board of West County Wastewater District at the request of the local agency formation commission in order to avoid island or other irregular annexations. Such fees may also be deferred by the general manager when there is an assurance that the payment of the same shall be provided from funds available from the sale of bonds in assessment district proceedings. However, such deferred annexation fees shall be payable concurrently with or prior to the payment of any capacity charges owed to the district as described in Chapter 4.20 WCWDC. [Ord. 2023-004 § 5.030]
4.25.040 Contracted services.
Each person connecting a building, structure, or facility located on premises outside of the district shall, pursuant to an out-of-area service agreement approved by the board, pay to the district with respect to each such building, structure, or facility which applicant desires to have connected to the sewer system to the district, the following:
A. Annexation fees provided in WCWDC 4.25.010 upon connection, which said charge shall be a deposit refundable upon termination of service;
B. Costs of preparation of the out-of-area service agreement; and
C. All costs necessary to recover that parcel’s proportional share of capacity or service charges due and owing had that parcel been located within the district’s service area. [Ord. 2023-004 § 5.040]
4.25.050 Tentative map review fee.
Each person submitting a tentative map or minor subdivision to the district for review and approval in accordance with provisions of Chapter 3.25 WCWDC shall pay a fee at time of tentative map submittal as specified in the most recent fee schedule. [Ord. 2023-004 § 5.050]
4.25.060 Sewer main construction permit fee.
Each person proposing to construct a sewer main or system of sewer mains to be connected to the sewer system of and dedicated to the district shall submit the construction drawings to the general manager for approval and obtain the general manager’s approval prior to commencement of construction. The charge payable to the district for such review and the issuance of a permit shall be as specified in the most recent fee schedule. [Ord. 2023-004 § 5.060]
4.25.070 Government entities.
Fees for plan approval, sewer main construction permit fees and sewer permit fees shall be waived when the applicant is the government of the United States of America, or any of its agencies or instrumentalities, the state of California, any county, city, district or other political subdivision, or any public officer or body, acting in an official capacity on behalf of the federal government, state, or any county, city, district or other political subdivision. Nothing in this section precludes the necessity for application and issuance of any of said permits, exercise of authority by the district, nor collection of any fees not specifically exempt herein, which are for inspection services required by the general manager. A reasonable and nondiscriminatory inspection fee shall be established for governmental applicants by the general manager to defray the costs of the inspection. [Ord. 2023-004 § 5.070]
4.25.080 Environmental compliance inspections.
The charge payable to the district for every inspection, reinspection for any reason including but not limited to noncompliance, sampling or re-sampling of a business for any reason including but not limited to noncompliance, and for every instance in which the district inspector is present at a business establishment to determine environmental compliance shall be as specified in the most recent fee schedule. [Ord. 2023-004 § 5.080]
4.25.090 Temporary discharge permit.
The charge payable to the district for each temporary discharge permit shall be as specified in the most recent fee schedule. An additional charge for the actual quantity, quality and composition of discharge shall be payable to the district by the discharger based on the established sewer service charge rate at the time of discharge. [Ord. 2023-004 § 5.090]
4.25.100 Refund of fees.
The district shall refund service fees to the person requesting the services only upon proof that the requested service was not performed. If any portion of the requested service is performed, then no portion of the fee shall be refunded. Capacity charges shall be refunded to the owner of the property for which the connection was requested upon proof that the connection was not completed. [Ord. 2023-004 § 5.100]
4.25.110 Miscellaneous fees.
For services requested of district staff where no fee is listed in the adopted most recent fee schedule, the general manager shall determine the appropriate fee based on the fully burdened hourly rates for staff time involved in the service or activity. [Ord. 2023-004 § 5.110]
4.25.120 Schedule of user fees.
The current fee schedule is attached to and incorporated into this section by this reference. The general manager shall modify said schedule of user fees annually in accordance with the provisions of this chapter, or as otherwise directed by the board of directors. Once modified, the schedule of user fees shall become effective and deemed incorporated into this section. [Ord. 2023-004 § 5.120]
4.25.130 Adjustment of fees.
The fees provided herein and listed in the fee schedule for connection may be adjusted upward or downward, as the case may be, by the general manager as of July 1st of each year, by the change in the Construction Cost Index as published in the latest issue of the Engineering News-Record in May for that year, rounded off to the nearest dollar.
The fees provided herein of this section and listed in the fee schedule for annexation, plan approval, tentative map review, permit processing and environmental compliance inspections shall be adjusted upward or downward, as the case may be, by the general manager as of July 1st of each year, commencing July 1, 2023, by the annual change in the Consumer Price Index, All Urban Consumers, all items for the San Francisco Bay Area, published by the United States Department of Labor, Bureau of Labor Statistics (the “index”). The index published for the year ending 2022, shall be referred to as the “beginning index.” The index published for the last day of April most immediately preceding the adjustment date in question shall be referred to as the “extension index.” The fee adjustment shall be set by multiplying the then-current fees by a fraction, the numerator of which shall be the extension index and the denominator of which shall be the beginning index. In no case shall any increase be less than three percent per year, rounded off to the nearest dollar. If the index is discontinued by the Bureau of Labor Statistics, the index designated by the Bureau of Labor Statistics as replacing the index shall be used. [Ord. 2023-004 § 5.130]