Chapter 13.12 SEWAGE RATES

(a) “BOD” (biochemical oxygen demand) means the quantity of oxygen utilized in the bio-chemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.

(b) “Collection system” means the system of public sewers to be operated by the city designed for the collection of sanitary sewage.

(c) “Commercial user” means any premises used for commercial or business purposes which is not an industry as defined in this chapter.

(d) “Domestic waste” means any wastewater emanating from dwellings or from domestic activities which are performed outside the home in lieu of a home activity directly by or for private citizens.

(e) “Industrial users” means any nongovernmental user of the public treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budgets, as amended and supplemented under the following divisions:

Division A – Agriculture, forestry and fishing;

Division B – Mining;

Division D – Manufacturing;

Division E – Transportation, communications, electric, gas, and sanitary services;

Division I – Services.

A user in these divisions may be excluded from the industrial category if it is determined that it will introduce primarily domestic wastes and wastes from sanitary conveniences.

(f) “Industrial waste” means that portion of the wastewater emanating from an industrial user which is not domestic waste, from sanitary conveniences.

(g) “Operation and maintenance” means all activities, goods, and services which are necessary to maintain the proper capacity and performance of the treatment works for which such works were designed and constructed. The term “operating and maintenance” shall include replacement, as defined in this section.

(h) “Person” means any individual, firm, company, association, society, corporation or group.

(i) “Public treatment works” means a treatment works owned and operated by a public authority.

(j) “Replacement” means acquisition and installation of equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

(k) “Service area” means all the area served by the treatment works and for which there is one uniform user charge system.

(l) “Sewage” means a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

(m) “Sewage treatment plant” means an arrangement of devices and structures used for treating sewage.

(n) “Shall” is mandatory; “may” is permissible.

(o) “Suspended solids” means solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(p) “Treatment works” means all facilities for collecting, pumping, treating, and disposing of sewage. “Treatment system” and “sewerage system” shall be equivalent terms for “treatment works.”

(q) “User” means every person using any part of the public treatment works of the city.

(r) “User charge” means the periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user’s proportionate share of the cost of operation and maintenance.

(s) “Equivalent residential unit” or “ERU” means a unit of wastewater which incurs the same costs for operation and maintenance as the average volume of domestic wastes discharged from a single-family residence in the treatment works service area. In the city, one ERU shall be equivalent to 350 gallons per day of wastewater with domestic strength. Users with wastes which differ significantly in strength from the average domestic waste strength of 250 mg BOD 5/l and 250 mg SS/l shall be charged a special rate according to the rate schedule in DMC 13.12.090.

(t) Employee. An “employee” is defined as any person working at a business including, but not limited to, nonprofit establishments. This is to include paid employees, volunteers, apprentices, and owners. (Ord. 1056 § 1, 2011; Ord. 626 Art. 1, 1986).

13.12.020 Sewer user charges – Generally.

User charges shall be levied on all users of the public treatment works which shall cover the cost of operation and maintenance, debt service, taxes, and other administrative costs of such treatment works. The user charge system shall distribute these costs in proportion to each user’s contribution to wastewater loading of the treatment works. (Ord. 626 Art. 2 (§ 1), 1986).

13.12.030 User classes.

There shall be established classes of users such that all members of a class discharge approximately the same volume and strength of wastewater per residence, facility, seat, or other appropriate unit. (Ord. 626 Art. 2 (§ 2), 1986).

13.12.040 User classes – Equivalent residential unit charge.

The equivalent residential unit charge per appropriate unit shall be established in proportion to the volume and strength of wastes discharged from that unit such that each user pays his proportionate share of the treatment costs. (Ord. 626 Art. 2 (§ 4), 1986).

13.12.050 User classes – Assignment of ERUs.

There shall be assigned to each user class a number of equivalent residential units (ERUs) (see DMC 13.12.010) for each appropriate unit, and this number of ERUs shall represent the ratio of the costs incurred by the wastes from the unit to the costs incurred by the wastes from the average single-family residence. (Ord. 626 Art. 2 (§ 3), 1986).

13.12.060 User classes – Appeal from assignment.

Should any user believe that he has been incorrectly assigned to a particular user class or incorrectly assigned a wastewater volume or strength or incorrectly assigned a number of ERUs, that user may apply for review of his user charge as provided in DMC 13.12.250. (Ord. 626 Art. 2 (§ 5), 1986).

13.12.070 User classes – Reassignment.

Should the city determine that a user is incorrectly assigned to a user class, or incorrectly assigned a wastewater volume or strength, or incorrectly assigned a number of ERUs, they shall reassign a more appropriate user class wastewater volume or strength or number of ERUs to that user and shall notify that user of such reassignment. (Ord. 626 Art. 2 (§ 6), 1986).

13.12.080 User classes – Recording of assigned rates.

Records of all assigned rates and any assigned wastewater volumes and strengths to user and user classes as well as the wastewater characteristics forming the basis of the ERU shall be kept on file at City Hall and shall be open for public inspection. (Ord. 626 Art. 2 (§ 7), 1986).

13.12.090 Equivalent residential unit (ERU) schedule.

User Class	ERU	Unit
Bars, cocktail lounges, taverns (no kitchen)	.09	per seat
Barber and beauty shops	.3	per station
Bowling alley	.5	per lane
Cafes, cafeterias, restaurants, taverns (with kitchens)	1.0	per 10,500 gal/month
plus	2.5	per disposal unit
Carwashes	1.25	per establishment
	1.0	per 10,500 gal/month
Churches, lodges, clubs	1.0	per unit
plus	.6	per kitchen
plus	.09	per cocktail lounge seat
plus	2.5	per disposal unit
Congregate living facility	1.0	for first unit and then .20 ERUs per additional available room for rent
Day care centers	1.4	per unit
Hospitals	1.0	per 10,500 gal/month
plus	2.5	per disposal unit
Hotels, motels, trailer parks	1.5	for first unit
plus	.25	per additional unit
Institutions with permanent or temporary residents, rest homes, etc.	.4	per resident
plus	.2	per 3 employees
plus	2.5	per disposal units
Laundries:
coin-op	1.25	per establishment
plus	1.0	per 10,500 gal/month
commercial	1.25	per establishment
plus	1.0	per 10,500 gal/month
Lodging home	1.0	for first unit and then .20 ERUs per additional available room for rent
Mortuaries	2.0	per establishment
Museums, visitor centers	.4	per 3 employees
Offices, factories (sanitary wastes only) small businesses, stores
a. 1 through 5 employees	1.4
b. 6 through 10 employees	2.7
c. 11 through 15 employees	3.9
d. 16 through 20 employees	5.0
e. 21 through 25 employees	6.0
Parks	.3	per toilet
plus	.5	per shower
Resorts	1.0	for first unit
plus		charges for additional units during such season units in use, as per the hotel class
Service stations, public garages	2.0	per establishment
plus	2.05	per dumping facility
Swimming pools	1.0	per 10,500 gal/month discharges from the pool itself
plus	.05	per shower
Schools, elementary	.05	per capita
junior high	.05	per capita
high	.07	per capita
Supermarkets, grocery stores	.05	per 3 employees
plus	2.5	per butcher shop
plus	2.5	per disposal unit
Theaters	.02	per seat (performance)
Open class	1.0	per 10,500 gal/month
Single-family residence (including mobile homes)	1.0	per unit
Multifamily residence
Apartments	1.0	for first unit
plus	.78	per additional unit
Note: All user classifications other than single-family residences will have a minimum ERU of 1.4. Vacant properties shall be charged a minimum 1.0 ERU for availability of sewer service. The hotel/motel classification may negotiate with the city to pay only a portion of the monthly sewer charge applicable during the winter months with the balance of the sewer charges to be carried over to the summer months for payment.

(Ord. 1111 § 1, 2017; Ord. 1028 § 1, 2009; Ord. 672 § 1, 1990; Ord. 673 § 1, 1990; Ord. 634 § 1, 1986; Ord. 626 Art. 2 (§ 8), 1986).

13.12.100 Constant cost factor.

The user charge shall be calculated by multiplying the total number of ERUs for each user by a constant cost factor. The constant cost factor shall be set in the city’s fee schedule resolution which shall be passed by a majority of city council. (Ord. 1112 § 1, 2017; Ord. 973 § 1, 2006; Ord. 885, 2001; Ord. 798, 1997; Ord. 629 § 1, 1986; Ord. 626 Art. 2 (§ 9), 1986).

13.12.110 Special users.

(a) Any user which cannot be classified by virtue of the volume and/or strength of his wastewater in any of the user classes, as set out in DMC 13.12.090, shall be considered a special user. If the strength of such wastes is not significantly different from that of normal household wastes, such user shall be placed in the open class and shall be assigned the appropriate wastewater volume. If the wastewater strength is significantly different from that of normal household waste, a special charge based on both volume and strength shall be assigned to that user by the city.

(b) Each special user shall be evaluated separately based on the average flow, BOD 5, and suspended solids characteristics of their wastewater contribution. The flow, BOD 5, and suspended solids of the special user’s wastewater shall be determined from estimates or measurements and tests conducted by the user as required by the city.

(c) The city will verify the submitted data. The city shall have the right to gain access to the waste stream for taking samples. The user shall provide for the city an adequate sampling access to the waste stream.

(d) The user shall pay the city for all expenses incurred in verifying the submitted data.

(e) The special user charge shall be based in a calculated equivalent residential unit for flow, plus a surcharge for excessive strength, if any. The special user’s monthly charge shall be computed by use of the following equation:

SUMC = f/350 I(1+b/B -1) + (s/S -1) I C; where

“SUMC” represents the special user’s monthly charge;

“f” represents the special user’s average flow in gallons;

“350” represents the average flow of one equivalent residential unit in gallons per day;

“C” represents the constant cost factor per ERU as specified in DMC 13.12.100;

“b” represents the average 5 day BOD of the user’s wastewater, expressed in mg/l. “b” must be greater than 250 mg/l;

“B” represents the designated limit of five-day BOD of a user’s wastewater above which the user shall be assessed a surcharge cost. The designated limit for five-day BOD shall be 250 mg/l;

“s” represents the average suspended solids of the user’s wastewater, expressed in mg/l. “s” must be greater than 250 mg/l;

“S” represents the designated limit of suspended solids of a user’s wastewater above which the user shall be assessed a surcharge cost. The designated limit for suspended solids shall be 250 mg/l.

(Ord. 626 Art. 2 (§ 10), 1986).

13.12.120 Users contributing more than 37,500 gallons per month – Monitoring.

All users contribution more than 37,500 gallons per month and whose waste strength is greater than 600 mg BOD 5/l or 600 mg SS/l shall prepare and file with the city a report that shall include pertinent data relating to the wastewater characteristics, including the methods of sampling and measurement to obtain this data, and this data shall be used to calculate the user charge for that user. The city will verify the submitted data. The city shall have the right to gain access to the waste stream for taking samples. The user shall provide the city with an adequate sample. The user shall provide the city with an adequate sampling access to data. In verifying the data, should the results be substantially different as determined by the city from the data submitted by the user, the user charge for that user shall be revised accordingly and shall be effective retroactively up to six months. (Ord. 626 Art. 2 (§ 11), 1986).

13.12.130 Users contributing less than 37,500 gallons per month.

All users contributing less than 37,500 gallons per month or less than 600 mg/BOD 5/l and 600 mg SS/l shall be assigned average waste strengths by the city. Any user may challenge the assigned waste strengths as provided in DMC 13.12.250. (Ord. 626 Art. 2 (§ 11), 1986).

13.12.140 Multiple classifications.

A single user having more than one classification of use shall be charged the sum of the charges for those classifications. For those businesses that operate out of a residential home, the higher of the two classifications between the residential ERU and the commercial ERU classification shall be applied and charged appropriately. (Ord. 1028 § 1, 2009; Ord. 626 Art. 2 (§ 12), 1986).

13.12.160 Review and revision of rates.

The sewer user charges established in DMC 13.12.020 through 13.12.140 shall, as a minimum, be reviewed annually and revised periodically to reflect actual cost of operation, maintenance, replacement, and financing of the treatment works, and to maintain the equitability of the user charges with respect to proportional distribution of the cost of operation and maintenance in proportion to each user’s contribution to the total wastewater loading of the treatment works. (Ord. 626 Art. 3, 1986).

13.12.170 Payment – Responsibility.

The person who owns the premises served by the sewage system shall be responsible for payment of the sewer user charge for that property notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay such charges. (Ord. 626 Art. 5 (§ 1), 1986).

13.12.180 Payment – When due – Delinquency.

All of the charges set out in DMC 13.12.020 through 13.12.140 and any and all charges which may be fixed after the effective date of the ordinance codified in this section for sewage disposal service shall be due and payable on the first day of the month and any accounts not paid by the twenty-fourth day of the following month and until 8:00 a.m. the following business day, shall be considered delinquent and receive a late charge as prescribed in DMC 7.04.170. (Ord. 892 § 1, 2002; Ord. 626 Art. 4 (§ 3), 1986).

13.12.190 Delinquency – Discontinuance of service.

If an account is not paid by the tenth day and until 8:00 a.m. the following day, the utility service will be terminated and a lien filed. The expense of such discontinuance, removal or closing, as well as the expense of restoring service shall be a debt due to the city and a lien will be placed upon the property. (Ord. 892 § 1, 2002; Ord. 626 Art. 4 (§ 4), 1986).

13.12.200 Restoration of water service.

Water service shall not be restored until all charges, including interest accrued and the expense of removal, closing, and restoration shall have been paid. (Ord. 626 Art. 4 (§ 4), 1986).

13.12.210 Delinquency – Change of ownership.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (Ord. 626 Art. 4 (§ 6), 1986).

13.12.220 Billing to be on monthly basis.

The users of the sewage system shall be billed on a monthly basis for services rendered in accordance with the rate schedule as set forth in DMC 13.12.090. (Ord. 626 Art. 4 (§ 2), 1986).

13.12.230 Bills – Where mailed.

Bills for sewer user charges shall be mailed to the address specified in the application for permit to make connection unless a different owner or user property is reported to the city. (Ord. 626 Art. 5 (§ 1), 1986).

13.12.240 User charges – How computed.

All collections of sewer user charges shall be made by the city. Sewer user charges shall be computed as provided in DMC 13.12.020 through 13.12.140 and shall be payable as provided in DMC 13.12.170 through 13.12.220. (Ord. 626 Art. 5 (§ 2), 1986).

13.12.250 Deposit of revenue in sewer fund.

(a) The city will deposit in the sewer fund all of the gross revenues received from charges, rates and penalties collected for the use of the sewage system as herein provided.

(b) The revenues thus deposited in the sewer fund shall be used exclusively for the operation, maintenance, and repair of the sewerage system; reasonable administration cost; expenses of collection of charges imposed by this chapter. (Ord. 626 Art. 5 (§ 4), 1986).

13.12.260 Appeals.

(a) Any sewer user who feels his user charge is unjust or inequitable as applied to his premises within the intent of foregoing provisions may make written application to the city council requesting a review of his user charge. Such written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

(b) Review of the request shall be made by the city sewer committee and mayor and shall determine if it is substantiated or not, including recommending further study of the matter by the city’s engineer or other registered professional engineer.

(c) If the user’s request is determined not to be substantiated, the user shall pay the city for all expenses incurred in investigating the request.

(d) If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively up to six months as applicable. (Ord. 626 Art. 6, 1986).

13.12.270 Business and occupation tax – Imposed.

A business and occupation tax at the rate of 18 percent per year is imposed against the gross revenues received for charges for current services for customers of the municipal water, sewer and garbage utilities, which amount shall be paid monthly by the customer in addition to the current charge for water, sewer and garbage services. (Ord. 654 § 1, 1988; Ord. 638 § 1, 1987; Ord. 502 § 1, 1978).

13.12.280 Business and occupation tax – Transfer to current fund.

The sums of such taxes collected shall be paid monthly from the water, sewer and garbage funds to the general expense fund. The utilization of such taxes collected shall be as designated by budget appropriation. (Ord. 502 § 2, 1978).

Prior legislation: Ords. 325, 504, 525, 535, 546, 564, 574 and 585.