Chapter 7.12
FOOD PROCESSING WASTEWATER SYSTEM CHARGES
Sections:
7.12.010 Annual service charge established.
7.12.020 Annual service charge—Method of computation.
7.12.040 Exclusive use of food processing wastewater system.
7.12.050 Food processing wastewater service outside city limits—Surcharge.
7.12.060 Food processing wastewater service charges—Payment—Delinquency—Priority of lien.
7.12.070 Delinquent food processing wastewater service charges—Stoppage of water service.
7.12.080 Wastewater operating fund.
7.12.005 Definitions.
1. “Food processing” means the preparation of fruits or vegetables for human or animal consumption, including, but not limited to, the preparation of fruits or vegetables for wholesale or retail sale by washing and/or other processes in which the skin of the fruit or vegetable is not broken and in which the interior part of the fruit or vegetable does not come in direct contact with the wastewater.
2. “Food processing wastewater” means wastewater that contains wastes generated by food processing and that is discharged into the food processing wastewater system. “Food processing wastewater” does not include any domestic or industrial wastewater except as set forth above.
3. “Food processing wastewater system” means the system for the collection and treatment of food processing wastewater. This definition includes any devices or systems used in the collection, storage, treatment, recycling, or reclamation of food processing wastewater and any conveyances that convey food processing wastewater to the food processing wastewater treatment plant.
4. “Food processing wastewater treatment plant” means that portion of the food processing wastewater system designed to provide treatment of food processing wastewater, including, but not limited to, spray fields.
5. “Wastewater,” when not used as part of the term “food processing wastewater,” shall have the same meaning as in Chapter 7.65.
6. “Wastewater system,” when not used as part of the term “food processing wastewater system,” shall have the same meaning as “POTW” or “publicly owned treatment works” in Chapter 7.65.
7. “Wastewater treatment plant,” when not used as part of the term “food processing wastewater treatment plant,” shall have the same meaning as in Chapter 7.65. (Ord. 97-13 § 15, 1997).
7.12.010 Annual service charge established.
A. From and after June 1, 1958, there is charged to all users of the food processing wastewater system and treatment facilities an annual service charge in an amount sufficient to amortize the actual costs to the city of Yakima for the construction of the separate food processing wastewater system, including capital expenditures related to this system, plus the necessary annual operation and maintenance costs of the separate food processing wastewater system.
B. The cost sharing of the annual service charge between food processing wastewater system users and owner (city) retail customers shall be adjusted as follows. In 1997, the food processing wastewater system users shall pay eighty percent of the annual service charge. In 1998, the food processing wastewater system users shall pay ninety percent of the annual service charge. Commencing on January 1, 1999, there shall be no cost sharing of the annual service charge between food processing wastewater system users and owner (city) retail customers. (Ord. 97-13 § 16, 1997: Ord. 94-79 § 1, 1994: Ord. B-2132, 1958; Ord. B-2076 § 1).
7.12.020 Annual service charge—Method of computation.
The annual service charge shall be determined using a Utility Rate Basis as defined in the American Water Works Associations (AWWA) Manual M1. (Fourth edition copyright 1991). (Ord. 97-13 § 17, 1997: Ord. 94-79 § 2, 1994: Ord. B-2076 § 2, 1957).
7.12.030 Installation of measuring device—Apportionment of annual, diverted flow and connection charges.
A. Installation of Meter. The city shall require the user to acquire and install at the user’s expense a measuring device for each user, to measure and record the liquid wastes contributed to the food processing wastewater system. The city shall designate the specifications of a measuring device to be installed that is compatible with the city’s automated meter reading system. The user must calibrate and maintain that measuring device according to the manufacturer specifications. The city shall be granted access to the measuring devices at all times for inspection, verification and inspection of calibration and maintenance records, and to obtain readings.
B. Apportionment of Annual Service Charge. The total annual service charge shall be apportioned among the users directly in proportion to the total amount of wastes contributed during the previous calendar year.
C. Diverted Flow. Food processing wastewater discharge flow which, for any reason, is diverted from the food processing wastewater system to the sanitary wastewater collection system shall be called “diverted flow.” The fee for this diverted flow shall be as set forth in YMC 7.60.020.
D. Connection Charge. A connection fee shall be imposed on the owner of any food processing facility to be connected to the food processing wastewater system. The connection fee shall be established at the time of application for connection. The wastewater superintendent shall establish said fee in an amount sufficient to allocate to the applicant an equitable share of the cost of the existing food processing wastewater system and a reasonable estimate of the actual cost of connection (including costs associated with expanding the food processing system). (Ord. 2019-012 § 1, 2019: Ord. 97-13 § 18, 1997: Ord. 94-79 § 3, 1994: Ord. B-2132, 1958; Ord. B-2076 § 3).
7.12.040 Exclusive use of food processing wastewater system.
This food processing wastewater system is for usage only by food processing industries and only upon written authorization by the wastewater superintendent. (Ord. 97-13 § 19, 1997: Ord. B-2076 § 4, 1957).
7.12.050 Food processing wastewater service outside city limits—Surcharge.
Where food processing wastewater service is provided to premises outside the city limits, the service charge and any diverted flow charge shall be computed on the same basis as premises located inside the city, except that a surcharge of fifty percent shall be added. (Ord. 97-13 § 20, 1997: Ord. B-2076 § 5, 1957).
7.12.060 Food processing wastewater service charges—Payment—Delinquency—Priority of lien.
All food processing wastewater service charges shall be due and payable at the office of the city treasurer on or before the tenth day after a bill has been issued, and if unpaid shall become delinquent after said tenth day. Any food processing wastewater service charge which becomes delinquent shall immediately become a lien upon the premises, and if unpaid for sixty days after delinquency, shall bear interest at the rate of eight percent per annum from the date payment was due, and such lien may be foreclosed by the city as provided by state law. Said lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. (Ord. 97-13 § 21, 1997: Ord. B-2076 § 6, 1957).
7.12.070 Delinquent food processing wastewater service charges—Stoppage of water service.
As an additional and concurrent method of collection of any such delinquent food processing wastewater rate or charge, the manager of the water/irrigation department may cut off the water service or supply from the premises to which such rate or charge has attached until such rates and charges are paid. (Ord. 97-13 § 22, 1997: Ord. B-2076 § 7, 1957).
7.12.080 Wastewater operating fund.
Any and all revenues received for the use of this food processing wastewater system, or in connection therewith, shall be credited to the wastewater operating fund, and all expenses for the operation and maintenance and for the servicing of bonds of said food processing wastewater system shall be charged to said fund in the manner and to the extent provided by ordinance. Such expenses shall include the cost of billing and collection of said charges. (Ord. 97-13 § 23, 1997: Ord. B-2076 § 8, 1957).