Loading...
HomeMy WebLinkAboutOrd 1035-1988ORDINANCE NO. 1035-88 AN ORDINANCE REPEALING CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING A NEW CHAPTER 14.12 ENTITLED "SEWER RATES" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 14.12 of the South San Francisco Municipal Code Repealed Chapter 14.12 of the South San Francisco Municipal Code (Ordinance No. 396 as amended) is hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act committed or omitted in violation of the chapter prior to the effective date of this ordinance. SECTION 2. Chapter 14.12 of the South San Francisco Municipal Code Added A new chapter 14.12 entitled "Sewer Rates" is hereby added to the South San Francisco Municipal Code to read: CHAPTER 14.12 SEWER RATES Sections: 14.12.010 14.12.020 14.12.030 14.12.040 14.12.050 14.12.060 14.12.070 14.12.080 14.12.090 14.12.100 14.12.110 14.12.120 14.12.130 14.12.140 14.12.150 14.12.160 14.12.170 Sewer rental system established. Definitions. Charges. Quantity of water. Test samples. Protests. Schedule of charges. Computations for multiple uses. BOD/COD adjustment. Collection Applicability of schedule of rates and charges. Special agreements. Finance director report; Notice and hearing. Adoption of report. Assessment for additional connections. Lien against the property. Penalty for violation. Section 14.12.010 Sewer rental system established. Pursuant to the provisions of Health and Safety Code Section 5470 et seq., the City of South San Francisco hereby establishes a system of sewer rentals and charges for all domestic, commercial, and industrial uses of the municipal sewerage facilities. Section 14.12.020 Definitions. The following words and designations wherever used in this chapter shall be construed as defined in this section, unless from the context a different meaning is specifically defined and more particularly directed to the use of such words or designations. (a) Assessment roll. The assessment roll upon which general taxes of the city are collected. (b) Annual real property tax statement. The annual tax statement issued by the county. (c) Biochemical Oxygen Demand ("BOD"). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at twenty degree centigrade expressed in terms of weight and concentration as milligrams per liter. (d) Chemical Oxygen Demand ("COD"). The equivalent quantity of oxygen utilized during oxidation of organic and inorganic matter in wastewater under standard method COD tests, expressed in milligrams per liter. (e) Commercial class or use. The classification of discharger and the parcel of real property or portion thereof on which the discharger is situated, and to which sewer services and facilities are furnished by the city, including office buildings, warehouses, filling stations, hotels, restaurants, stores and similar types of uses. (f) Industrial class or use. The classification of discharger and the parcel of real property or portion thereof on which the discharger is situated, and to which sewer services and facilities are furnished by the city, including manufacturers, processors, packagers, industrial laundries and similar types of uses for which test sampling and a surcharge may be required. -2- (g) Institutional class or use. The classification of discharger and the parcel of real property or portion therof on which the discharger is situated, and to which sewer services and facilities are furnished by the City, including schools, colleges, rest homes, hospitals, clubs, lodges and similar types of uses. (h) Multiple use. A combination of two or more uses on the parcel of real property or portion thereof on which the discharger is situated. (i) Residential class or use. The classification of discharger and the parcel of real property or portion thereof on which the discharger is situated, and to which sewer services and facilities are furnished by the city, including single-family dwelling, multifamily dwelling (duplex, flat, apartment and similar types of uses), trailer courts and similar types of uses. (j) Standard methods. The latest United States Environmental Protection Agency approved edition of "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by American Public Health Assocation, American Water Works Association, and the Water Pollution Control Federation on methods deemed equivalent by the Superintendent and the Water Quality Control Board for the San Francisco Bay Region, herein referred to for definitions, laboratory procedures of analysis, tests (including test samples) and measurements. (k) Surcharge. An additional charge based on measurement of volume of water consumed or discharged, and/or measurement of suspended solids and COD in wastewater discharged. (1) Suspended solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering. Section 14.12.030 Charges. The charges for services and facilities furnished by the city shall be computed as provided in this chapter. -3- The annual rate shall be applied to residential, institutional, commercial and nonmonitored industrial classes unless the volume charge exceeds the minimum charge, in which event the volume charge shall be applied. The minimum charge shall be applied to monitored industrial classes unless the volume charge or surcharge for suspended solids or surcharge for chemical oxygen demand, or any combination thereof, exceeds the minimum charge, in which event the applicable charge shall be computed by adding the volume charge, surcharge for suspended solids and surcharge for COD. Section 14.12.040 Quantity of water. The quantity of water consumed by the discharger shall be used as a factor in determining the volume charge. The quantity of water consumed shall be determined by the superintendent of water quality control as follows: (a) Metered Flow. If all the water furnished to the discharger is measured by a meter approved by the superintendent, then the quantity of water shown by the measuring device as so furnished shall be the quantity of water consumed by the discharger, unless the discharger installs and maintains an approved discharge flow meter in which event the quantity of water consumed shall be the quantity of water discharged as shown by the metering device. (b) Nonmetered Flow. If all the water furnished, used, or discharged by the discharger is nonmetered, the quantity of water consumed shall be determined by the superintendent based on an analysis of the nature, character, and extent of the discharger's operations and reference to related data for similar operations, with the cost of the analysis charged to the discharger. If the discharger does not desire to have the superintendent make the determination as stated in this subsection, the discharger may install an outflow meter to measure the volume of water discharged into the city's sanitary sewer system. (c) Combination Metered and Nonmetered Flow. If the water furnished or used by the discharger is a combination of metered flow and nonmetered flow, the quantity of water consumed shall be the total of the following: (1) The quantity of metered water furnished as shown by the approved metering device, unless the discharger installs and maintains an approved discharge flow meter, in which event the quantity of water discharged shall be as shown by the metering device; and (2) The quantity of nonmetered water determined by the superintendent based on an analysis of the nature, character, and extent of the discharger's operations with the cost of the analysis charged to the discharger. If the discharger does not desire to have the superintendent -4- (d) (e) make the determination as stated in this subsection, the discharger may istall an inflow or outflow meter to measure the volume of water discharged into the city's sanitary sewer system. Diversion of Water. If the discharger diverts water into its principal activity or by other means so that the total amount of water received or used by the discharger is not discharged into the city's sanitary sewer system, the discharger may install an outflow meter to measure the volume of water discharged into the city's sanitary sewer system. Exception--Percentage of Water Volume Consumed. If a city determination regarding percentage of water volume consumed was made or used in making the previous fiscal year sewer charge calculations, the discharger may, with approval of the superintendent elect to have the city use the percentage in computing the forthcoming fiscal year charges. Section 14.12.050 Test Samples. Representative test samples of wastewater discharged as provided in this chapter shall be used to determine pounds of suspended solids and COD. The superintendent of water quality control shall evaluate test samples of discharger's wastewater discharged in each calendar year, and shall use the test samples taken by the city and the industrial user in the preceding calendar year in computing the suspended solids and/or COD surcharge for the current fiscal year. If the superintendent finds it necessary to monitor a discharger's wastewater as part of the computation, the cost for each laboratory analysis may be added to the sewer charges and collected as provided in this chapter or may be paid directly by discharger or owner of the parcel in lieu thereof. The cost of such analysis shall be set by the superintendent at a rate comparable to current commercial laboratory rates in the San Francisco Bay Area. Section 14.12.060 Protests. On or before May 1st of each year the superintendent of water quality control shall record the determination of user classification and quantity of water consumed and where applicable, the pounds of suspended solids and chemical oxygen demand, to be used in computing the forthcoming fiscal year's sewer service charges. This information shall be available for public inspection, and written notice of it shall be given to the parcel owner together with the estimated applicable charges pursuant to this chapter. Within thirty days after receipt of the written notice, dischargers may protest such determinations by filing a written protest with the superintendent of water quality control together with discharger's computation of quantity of water consumed and pounds of suspended solids and chemical oxygen demand supported by data and methods used to determine the data. If no protest is filed, the determination of the superintendent shall be deemed correct and -5- effective for computation of the forthcoming fiscal year's sewer service charges. If a protest is filed, the superintendent shall set a date for review within ten days after receipt of the protest and give written notice of the review date to the discharger. The discharger may appear on the date of the review and present any additional evidence in support of the protest. Upon completion of the review, the superintendent shall make findings and determinations and send a copy thereof to the discharger and city engineer. Within ten days, the discharger may appeal the superintendent's findings and determinations to the city engineer. The city engineer shall set a date for review within ten days after receipt of the appeal and give written notice of the review date to the discharger. The discharger may appear on the date of the review and present any additional evidence in support of the appeal. Upon completion of the review, the city engineer shall make findings and determinations and send a copy to the discharger. The decision of the city engineer shall be final. Section 14.12.070 Schedule of charges. Charges shall be assessed on a yearly basis against parcels based upon their use classification, quantity of water consumed and pounds of COD and suspended solids, where applicable, and shall be as set forth in the master fee schedule, adopted by resolution of the city council. Section 14.12.080 Computations for multiple uses. If a discharger conducts more than one class of use on a parcel and the quantity of water consumed by all the uses is measured by one approved meter (inflow or outflow) and the quantity of water consumed by each use may be estimated or projected, then the superintendent of water quality control shall compute the charges for each use. Section 14.12.090 BOD/COD adjustment. The city may make an adjustmet in charges for services for industrial wastewater characterized by the following: (a) A demonstrated BOD/COD ratio different by more than one standard deviation from that of the overall treatment plant load average supported by BOD and COD data; and (b) A demonstrated portion which is not removed by the treatment plant overall operations which may be evidenced by demonstration studies performed by the city or discharger at the discharger's expense. -6- Section 14.12.100 Collection. All sewer rentals and charges hereinbefore provided for shall be collected on the official tax assessment roll, together with all regular municipal real property taxes. The charges and rentals shall constitute liens upon the particular lots or parcels of land affected and shall be effective at the same time and to the same extent as is provided for by law in the case of property taxes, with like penalties for delinquencies, all as provided for by Health and Safety Code Section 5473.5 et seq. Section 14.12.110 Applicability of schedule of rates and charges. In every case where a lot or parcel is situated outside the boundaries of the city and to which the city renders municipal sanitary sewer service, the schedule of rates and charges hereinbefore established shall be applicable. If any such lot or parcel of land is not described on the tax roll for the city, the county auditor shall enter the description of such parcel upon the tax roll, together with the amounts of the sewer rentals or charges, as shown in the report to be filed with the city clerk by the finance director, in accord with Health and Safety Code Section 5473.4. Any such lot or parcel of real property shall become impressed with a lien for the amounts of the sewer rentals or charges just as in the case of real property situated within the city, and shall likewise be subject to the same penalties for delinquencies. In the event that the city is unable to conveniently and appropriately provide for the collecting of sewer rentals or charges upon the tax roll in the case of lots or parcels of real property situated outside the city, then such rentals or charges shall be collected by an annual billing. Section 14.12.120 Special agreements. The city may, upon a proper showing and upon the city council's making a determination in connection therewith, enter into a special written agreement with any industrial or commercial concern providing for the direct payment of sewer rentals or charges to the city rather than for the sewer rentals or charges to be collected on the tax rolls; provided, however, that in the event of a default, the city shall be entitled to receive from the particular taxpayer the benefit of all applicable penalties for delinquencies and to avail itself of all applicable remedies for the enforcement of collection. Section 14.12.130 Finance director report; Notice and hearing. Annually, on or before the first day of July, it shall be the duty of the finance director to file with the city clerk a report containing a summary of the annual rentals or charges by type of real property receiving sewer service, computed in conformity with the schedule of charges. Thereafter, the city council shall hold a public hearing with respect to the report, after the city clerk has given notice by publication, in accord with Government Code Section 6066. -7- Section 14.12.140 Adoption of report. On or before the tenth day of August of each year, following the final determination of the city council with respect to the annual report, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the clerk's signature that it has been finally adopted by the city council. The county auditor shall then enter the amounts of the charges against the respective lots or parcels of land as they appear on the then current assessment roll based upon detailed data provided by the city. Section 14.12.150 Assessment for additional connections. In the case of new or additional sanitary sewer connections or outlets being supplied by city after the commencement of a particular fiscal year, the sewer rentals or charges shall be collected at the same time as, and in conjunction with, real property taxes for the fiscal year following that in which the installation of the new connection or outlet is made. In such event, the sewer rentals or charges shall be assessed on a prorata basis, the assessment to be in proportion to the annual charge for the sewer service. Section 14.12.160 Lien against the property. In accordance with Health and Safety Code Section 5473.5 et seq. the amount of the charges shall constitute a lien against the lot or parcel of land against which the charges have been imposed. The amount shall be included on bills for taxes and shall be subject to all laws applicable to the levy, collection and enforcement of general taxes, including but not limited to those pertaining to delinquency, correction, cancellation, refund and redemption. Section 14.12.170 Penalty for violation. If sewer charges are delinquent for a period of sixty days, a penalty of ten percent shall be imposed. If sewer charges are delinquent for a period of one hundred twenty days, an additional penalty of one and one-half percent per month shall be paid. If full remittance is not received within one hundred eighty days, the city may discontinue sewer services. Any person violating a provison of this chapter or failing to comply with a mandatory requirement of this chapter is guilty of an infraction and, upon conviction, shall be punished as set forth in Section 36900 of the Government Code. SECTION 3. SEVERABILITY In the event any section or portion of this Ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. -8- SECTION 4. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds, pursuant to Title 14 of the California Administrative Code, Section 15378, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that: (a) It is not a project as provided by the Act, in that it does not have a potential for resulting in a detrimental physical change in the environment, directly or ultimately as provided in Title 14, Section 15378(a); (b) It is further exempt under the definition of project in Section 15378(b)(3) in that it concerns general policy and procedure making. SECTION 5. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. Pursuant to the provisions of Government Code Section 36937, this Ordinance shall become effective immediately upon its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 22nd day of June , 19 88 . Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 13th day of July , 19 88 , by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 13th day of July , 19 88