Chapter 13.32
SEWER SERVICE RATES
Sections:
13.32.022 Multiple-residential unit rates.
13.32.024 Rate adjustment for low-income elderly persons.
13.32.030 Commercial rate schedule and other provisions.
13.32.040 Industrial rate schedule and other provisions.
13.32.050 Service outside city – Rates.
13.32.060 Service to other municipalities – Contract required.
13.32.070 Charges – Billing dates.
13.32.080 Sewer service charges – Payment due when – Penalty for late payment.
13.32.090 Delinquent charges – Enforcement of collection.
13.32.110 Recordation and attorneys’ fees.
13.32.120 Application of payments on delinquent accounts.
13.32.010 Effective date.
Repealed by Ord. 3415. (Ord. 3298 § 1, 2005).
13.32.015 Taxes excluded.
The sewer use charges listed in this chapter do not include state and city utility taxes. (Ord. 3036 § 13, 2000).
13.32.020 Residential rates.
A. The monthly sewer service rates for each residential unit are set at the following amounts:
1. Base Charge. The monthly base charge for each residential unit, effective January 1, 2020, shall be $31.42. On January 1st of each year thereafter, the current monthly base charge for each residential unit shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
2. Consumption Charge. In addition to the base charge, each residential unit shall pay a consumption charge for each 100 cubic feet of water consumed in a month. The monthly consumption charge, effective January 1, 2020, shall be $2.92. On January 1st of each year thereafter, the current monthly consumption charge for each residential unit shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
B. It is the intent of this section to calculate residential wastewater charges based on water usage that enters the sewerage system, and not on water used exclusively for irrigation or other outdoor usage. Wastewater charges for residential units shall be calculated in the following manner:
1. For the six months from February through July, the wastewater consumption charge shall be based on metered water consumption.
2. For the six months of August through January, the consumption charge for each such month shall be based on a winter water average defined as the average water consumption of the preceding billing months of November through February.
C. The city’s finance director, or his or her designee, may use a calculated volume of the system-wide average for the residential customer class, or prior water consumption records if those records are more representative of expected usage, to calculate residential wastewater consumption charges under the following circumstances:
1. When the water meter has been determined to be malfunctioning;
2. When customers have insufficient water consumption history to calculate the initial monthly consumption charge or to establish a winter water average for the months of November through February;
3. When water use in the period used to calculate average water consumption is not representative of expected water use, such as rental property that is vacant between tenants or in the case of seasonal customers; and
4. When customers are not served by a publicly owned water supply system.
D. The city’s finance director shall establish administrative procedures for customers requesting a review of their metered water consumption average. A reasonable fee may be charged to the account to cover the administrative costs of processing the request if it is determined that the customer’s average is correct, or is higher than the average currently under use. (Ord. 3801 § 1, 2019; Ord. 3781 § 2, 2019; Ord. 3486 § 1, 2010).
13.32.022 Multiple-residential unit rates.
A. The monthly sewer service rates for each multiple-residential unit are set at the following amounts:
1. For the initial average monthly water consumption of 300 cubic feet per dwelling unit or less, the charge per dwelling unit, effective January 1, 2020, shall be $16.45. On January 1st of each year thereafter, the current charge for the initial average monthly water consumption of 300 cubic feet per dwelling unit or less shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
2. For average monthly water consumption in excess of 300 cubic feet per dwelling unit, the charge for each 100 cubic feet per unit or portion thereof, effective January 1, 2020, shall be $4.49. On January 1st of each year thereafter, for average monthly water consumption in excess of 300 cubic feet per dwelling unit, the current charge for each 100 cubic feet per unit or portion thereof shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
B. The monthly charge for each multiple-residential unit shall be billed to the owner of the unit, or the owner’s agent. (Ord. 3781 § 3, 2019; Ord. 3415 § 3, 2008).
13.32.024 Rate adjustment for low-income elderly persons.
If the residential unit is owned and occupied by a low-income elderly person, the basic monthly sewer service charge shall be 75 percent of the applicable residential rate. (Ord. 2216 § 13, 1986).
13.32.030 Commercial rate schedule and other provisions.
A. The monthly sewer service rates for each commercial unit are set at the following amounts:
1. For the initial average monthly water consumption of 900 cubic feet or less, the charge, effective January 1, 2020, shall be $48.69. On January 1st of each year thereafter, for the initial average monthly water consumption of 900 cubic feet or less, the current charge shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
2. For average monthly water consumption in excess of 900 cubic feet, the charge for each 100 cubic feet, effective January 1, 2020, shall be $4.49. On January 1st of each year thereafter, for average monthly water consumption in excess of 900 cubic feet the current charge for each 100 cubic feet shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
B. In the event a commercial unit has no water meter installation, the city may either require such installation or estimate the water consumption of each unit.
C. Average monthly water consumption shall be determined by averaging annual consumption of a unit from January 1st to December 31st each year. For commercial units in operation for less than one year, actual monthly water consumption will be used until an average can be established. The city reserves the right to use actual monthly water consumption to determine the sewer rate if actual consumption varies substantially from the established average.
D. Any owner of a commercial unit, or his designee, which has a substantially lower water or waste discharge into the public sewers than is reflected by its water consumption may apply to the public works director for an exemption from sewer charges for a portion of its water consumption. If the city grants such exemption, it may require the installation of measuring devices to measure the exempt water usage at the owner’s expense.
E. The charge for each commercial unit shall be determined by the city finance director by each July 31st for the 12-month period beginning July 1st. (Ord. 3781 § 4, 2019; Ord. 3415 § 4, 2008).
13.32.040 Industrial rate schedule and other provisions.
A. An industrial unit is defined in MVMC 13.04.120.
B. A sewer user that discharges industrial waste, as defined in MVMC 13.04.130, but does not meet the requirement for an industrial unit may be charged under the commercial rate schedule.
C. Each industrial unit shall be charged an annual capacity charge for flow, BOD, and suspended solids. Capacity charges shall be based on the permitted flow, BOD, and suspended solids values indicated in the industrial unit’s waste discharge permit. The annual capacity charges may be paid over the entire year in one-twelfth increments per month.
D. In addition to the annual capacity charges, each industrial unit shall be charged a monthly operating expense charge for flow, BOD, and suspended solids actually discharged into the city’s sewerage system. The monthly expense charges shall be based on measured values for those parameters averaged over the industrial unit’s monthly operating time in days.
E. Each industrial unit shall be charged a monthly administrative charge.
F. Rates applicable for capacity operating charges, expense charges, and administrative charges shall be as follows:
1. Flow capacity charge: For each 1,000,000 gallons per day (mgd) or a proportional sum for each fraction thereof of flow capacity stated in the industrial unit’s waste discharge permit, there shall be a monthly charge, effective January 1, 2020, of $5,379.21. On January 1st of each year thereafter, the current monthly charge shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
2. BOD capacity charge: For each pound per day of BOD capacity stated in the industrial unit’s waste discharge permit there shall be a monthly charge, effective January 1, 2020, of $4.66. On January 1st of each year thereafter, for each pound per day of BOD capacity stated in the industrial unit’s waste discharge permit the current monthly charge shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
3. Suspended solids capacity charge: For each pound per day of suspended solids capacity stated in the industrial unit’s waste discharge permit there shall be a monthly charge, effective January 1, 2020, of $1.81. On January 1st of each year thereafter, for each pound per day of suspended solids capacity stated in the industrial unit’s waste discharge permit the current monthly charge shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
4. Flow expense charge: For each 1,000 gallons of flow discharged into the city’s sewage system in a one-month period a charge of $1.03 shall apply per 1,000 gallons per month. On January 1st of each year thereafter, the current charge per 1,000 gallons per month shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
5. BOD expense charge: For each pound of BOD discharged into the city’s sewage system in a one-month period a charge of $0.89 shall apply per pound per month. On January 1st of each year thereafter, for each pound of BOD discharged into the city’s sewage system in a one-month period the current charge per pound per month shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
6. Suspended solids expense charge: For each pound of suspended solids discharged into the city’s sewage system in a one-month period a charge of $0.60 shall apply per pound per month. On January 1st of each year thereafter, for each pound of suspended solids discharged into the city’s sewage system in a one-month period the current charge per pound per month shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
7. Administrative charge shall be $1,643.85 per month. On January 1st of each year thereafter, the current administrative monthly charge shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
G. It is unlawful for a waste discharge permit holder (permit holder) to discharge waste into the Mount Vernon sewage system which is not in compliance with parameter values established in the waste discharge permits issued by either the city or the Department of Ecology. The public works director shall notify a permit holder of a violative discharge within seven days of occurrence. The permit holder shall respond to the director in writing within five days of notification describing the circumstances which caused the violative discharge. If the director determines that a violative discharge was not of an accidental nature, a penalty charge shall be assessed, except as provided in subsection J of this section.
1. For industrial units, the penalty charge shall be as follows:
a. For purposes of calculating the penalty charge, the director shall use the average discharge values of the three highest consecutive operating days within a 30-day period (month) for determining the excess discharge. Nonoperating days indicated by abnormally low loads will not be included in the average. The excess discharge shall be the average of the three highest consecutive operating days less the permit value. The penalty charge for the month shall be the excess discharge times the appropriate unit charge. The discharge value shall be based on a 24-hour composite sample. Unless modified by council action, the penalty charge shall be based on the following unit charges:
b. Unit charges shall be as follows:
i. Flow. For each 1,000 gallons of flow in excess of the permit value, the discharger shall pay $15.66. On January 1st of each year thereafter, the current charge for each 1,000 gallons of flow in excess of the permit value shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
ii. BOD. For each pound of BOD in excess of the permit value, the discharger shall pay $11.93. On January 1st of each year thereafter, the current charge for each pound of BOD in excess of the permit value shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
iii. SS. For each pound of suspended solids in excess of the permit value, the discharger shall pay $4.87. On January 1st of each year thereafter, the current charge for each pound of suspended solids in excess of the permit value shall be revised by an inflationary adjustment based on the Consumer Price Index (CPI) for the previous June. In no event shall the change in rates be less than zero percent in any given year. Unit prices and all other charges shall be to the nearest cent.
H. Sample calculation of penalty charge:
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Waste discharge permit value: |
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Flow = |
0.270 mgd |
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BOD = |
1,000 ppd |
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SS = |
550 ppd |
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Highest three consecutive operating days in month: |
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Flow: |
June 9 |
0.250 mgd |
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June 10 |
0.270 mgd |
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June 11 |
0.275 mgd |
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Average = (0.250 + 0.270 + 0.275)/3 = 0.265 mgd |
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0.265 is less than 0.270 so there is no flow penalty charge. |
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BOD: |
June 11 |
1,100 pounds |
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June 12 |
no operation |
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June 13 |
no operation |
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June 14 |
1,200 pounds |
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June 15 |
1,500 pounds |
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Average = (1,100 + 1,200 + 1,500)/3 = 1,266.67 ppd |
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BOD penalty charge = (1,266.67 – 1,000) ($11.93) = $3,181.37 |
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SS: |
June 15 |
600 pounds |
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June 16 |
650 pounds |
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June 17 |
450 pounds |
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Average = (600 + 650 + 450)/3 = 566.67 pounds |
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SS penalty charge = (566.67 – 550) ($4.87) = $81.18 |
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I. In the discretion of the director, and upon prior request therefor, the city may grant relief from a penalty charge for a specific period of time to allow an industry to determine the amount of capacity they wish to reserve; provided, that if the director determines that violations are the result of bad faith or due to a lack of diligence, the director may invoke a penalty as provided in subsection H of this section. Industrial users granted relief from penalty charges shall pay all charges according to their actual waste loads. [Note: Nothing in this section should be read as affecting or modifying the requirements of any other regulatory body with jurisdiction, and notwithstanding any relief from penalty charges, the industry is not relieved of the duty to comply with the existing NPDES permit until it is modified or reissued.]
J. Any owner of an industrial unit, or his designee, which has substantially lower water or waste discharge into the public sewers than is reflected by its water consumption may apply to the city for an exemption from sewer charges for a portion of its water consumption. If the city grants such exemption, it may require the installation of measuring devices to measure the exempt water usage at the owner’s expense. (Ord. 3801 § 2, 2019; Ord. 3781 § 5, 2019; Ord. 3415 § 5, 2008).
13.32.050 Service outside city – Rates.
The rates and charges for sewer service to property located outside the city limits, if sewer service is allowed, shall be one and one-half times the applicable rate specified herein. As a condition of providing sewer service to any property situated outside the corporate boundaries of the city, the city may require the execution and recordation of an agreement in which the owner of the property waives all right to protest annexation of any portion of the property served to the city. (Ord. 2988 § 7, 1999).
13.32.060 Service to other municipalities – Contract required.
Rates and charges for trunkage and treatment service to other municipalities shall be individually negotiated terms and conditions established in a separate service contract. Such contract shall provide for the sharing of costs including costs associated with long-term financing incurred by the city for construction and improvement of trunkage and treatment facilities. The costs for any election made necessary to implement such rates and charges shall not be borne by the city of Mount Vernon. (Ord. 2988 § 8, 1999).
13.32.070 Charges – Billing dates.
Billings shall be made monthly or bimonthly at the discretion of the finance director. As for buildings in existence at the time sewer service becomes available to them, the first billing shall be made on the first day of the month after the expiration of 60 days from the mailing of the written notice from the city that such building is required to be connected to the sewer system, or on the first day of the second month after such connection, whichever event occurs first. As for buildings constructed where sewer service is already available, the first billing shall be made on the first day of the second month following the month in which application for sewer connection permit is made, or after occupancy of the unit, whichever event occurs first, whether or not such building is actually connected to the sewer system of the city. (Ord. 2216 § 17, 1986; Ord. 2082 § 2, 1982; Ord. 2057 Ch. 8, 1981).
13.32.080 Sewer service charges – Payment due when – Penalty for late payment.
Sewer service charges are due by the fifteenth day of the month in which the billing is made. If such charges are not paid by the twenty-fifth day of the month in which the billing is made, interest will begin to accrue on the charges at the annual rate of eight percent, computed monthly, until the account is paid. (Ord. 2270 § 2, 1987; Ord. 2117 § 2, 1984; Ord. 2057 Ch. 8 § 8, 1981).
13.32.090 Delinquent charges – Enforcement of collection.
A. Charges for sewer service shall become delinquent if not paid within 25 days following the billing date. In the event any billing for sewer service or other service charge has not been paid within 60 days of billing, the city shall mail a first delinquency notice to the property owner and occupant if the record owner does not reside at the premises. The delinquency notice shall provide the following:
1. Notice that payment for service is overdue, an itemization of the total amount due, and that a statutory lien will be imposed;
2. A date certain by which the account must be settled, which date shall not exceed 10 days from the date of the notice; and
3. The address and telephone number of the finance department, stating that the owner or occupant may contact the department if a dispute exists as to liability for the billing or the validity of lien.
The customer shall be charged $10.00 for this first notice.
B. The city, as provided by law, shall have a lien against the premises to which sewer service, including storm sewer service, was furnished and may enforce such lien in any matter provided by law. Such lien shall encompass all delinquent and unpaid rates and charges for sewer service, penalties, connection charges, and interest thereon, all in accordance with RCW 35.67.200. Pursuant to RCW 35.67.215, the sewerage lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. (Ord. 2983 § 1, 1999).
13.32.100 Billing procedures.
Sewer service charges, together with charges for garbage collection under Chapter 8.12 MVMC, are the responsibility of the owner in fee of any property chargeable for such service. Sewer service charges and charges for garbage collection shall be billed in the same statement to the owner in fee of the subject property last made known to the city, and to the last known address. It shall be the duty of every property owner within the city to notify the office of the finance director of the fact of ownership and the address to which billing should be made. Any purchaser of property within the city shall notify the office of the finance director of the date of purchase and the proper billing address immediately upon acquisition of such interest; provided, however, that any owner in fee may designate another party to receive billing statements (such as a tenant) if such owner shall do so in writing together with a waiver of notice of such bills or any liens for delinquent accounts. (Ord. 2427 § 1, 1991).
13.32.110 Recordation and attorneys’ fees.
A. The cost of recording any documents evidencing a lien with the county auditor shall constitute an additional penalty. Such additional penalty shall be secured by the sewerage lien imposed pursuant to MVMC 13.32.090.
B. The cost and expense of prosecuting any sewerage lien foreclosure action, and any disbursements made by the city pursuant thereto including reasonable attorneys’ fees, shall be secured by the sewerage lien imposed pursuant to MVMC 13.32.090. (Ord. 2983 § 2, 1999).
13.32.120 Application of payments on delinquent accounts.
All charges for utility services furnished by the city shall be due and payable to the city as set forth herein. Payments made on delinquent accounts will first be applied to the oldest delinquent charges. Remaining funds will be credited first against current charges from the garbage utility, then against current charges related to the sewer system, and then applied to current charges from the storm water utility. (Ord. 2988 § 9, 1999).
13.32.130 Severability.
If any one of more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 2988 § 10, 1999).