User charges shall be levied on all users of the public treatment works which shall cover the cost of operation and maintenance, debt service and other administrative costs of treatment works. The user charge system shall distribute these costs in proportion to each user's contribution to the wastewater loading of the treatment works.
(Ord. 1737, passed 6-24-91)
Since the only wastewater characteristic which influences costs of operation and maintenance in the Hermiston Treatment Works is volume, a flow charge shall be established so that all costs associated with this treatment works shall be distributed in proportion to each user's volumetric contribution to the waste stream.
(Ord. 1737, passed 6-24-91)
(A) Classification of users. Certain users shall be grouped into classes of users discharging approximately the same volume of wastewater and shall be levied a flat charge which is calculated from the flow charge by applying the average volume for that class.
(B) Non-metered users. Those users who are not in one of the user classes with assigned average flow volumes and whose water consumption or wastewater discharge is not metered shall be assigned an approximate wastewater and shall be billed on the flow charge according to this assigned volume.
(C) Appeal. Should any user believe that he has been incorrectly assigned to a particular user class or should any user believe that a portion of his metered flow is not discharged into the sewerage system, that user may apply for review of his user charge as provided in this chapter.
(D) Reassignment of a user. Should the city determine that a user is incorrectly assigned to a user class, they shall reassign a more appropriate user class to that user and shall notify that user of the reassignment.
(Ord. 1737, passed 6-24-91)
Records of all assigned rates and any assigned wastewater volumes to user and user classes shall be kept on file with the city and shall be open for public inspection.
(Ord. 1737, passed 6-24-91)
The sewer user charges are hereby established as follows:
(A) Sewer user service charges established. The City Council shall establish the charges by resolution. The charges, except as hereinafter set forth, are established for all dwelling units and motel units at a uniform rate and all property other than the above-described dwelling units and motel units shall be based upon the quantity of water reaching the premises from the city water system, private water system or from private sources of supply, including water from the ground of the premises or elsewhere.
(B) Dwelling units. The rate of sewer user service charge against each and every dwelling unit (any housing unit with sanitary and kitchen facilities designed to accommodate one or more residents, multiple housing units, mobile homes and trailer spaces, but excluding commercial (transient) housing units such as hotel and motel units, and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week, primarily for the use of the residents and their guests), shall be established by resolution. Independent laundry facilities serving multifamily, mobile homes and trailer units shall be considered a dwelling unit for billing purposes.
(C) Motel units. The rate of sewer user service charge against each and every motel unit (and motel unit used for transient housing) shall be established by resolution.
(D) Commercial independent discharge. As defined in §51.001, users of this class must operate and maintain independent wastewater disposal facilities which are currently licensed by the state for the disposal of wastewater. During all times when approved and licensed wastewater facilities are operable, the rate for discharge to the public treatment works will be based on the actual metered flow of discharge, or will be based on the calculated discharge of each employee per shift per day, in accordance with the resolution of the City Council.
(1) Metered users of this class will provide access to city personnel to read the meter in each billing period.
(2) Metered users of this class will provide an annual calibration and certification of the metering device from an individual certified for verification.
(3) Non-metered users of this class shall provide a verified employee count and total hours worked during the billing period. The city will establish the date for the submittal with each user. Employee information must be expressed in total employees per shift per day.
(4) In the event that independent discharge facilities are not operating, or for any other reason the total discharge of a user in this class is provided to the public treatment works, user rates will be calculated in accord with the commercial account category, or in the event that the discharge exceeds 25,000 gallons per day, an industrial cost recovery rate will be applied in accord with this chapter.
(5) Should users of this class not provide access to the waste meter, verification of meter accuracy, or employment information as required, the user shall be billed at the commercial rate.
(E) Commercial users. All users and user groups not specifically defined herein shall be considered commercial for purposes of this user rate. The rate of sewer user service charge shall be on the basis of water consumption through both public and private water supplies. The base charge shall apply on the basis of each water supply meter and each un-metered water supply line.
(1) Average billing method.
(a) Any user of this group may qualify upon written request for a winter average billing method if, water consumption from public or private water supply is 50% higher in the months of May, June, July, and August than the winter time average in the months of November, December, January and February, and all additional consumption is not returned to the public treatment works.
(b) If the user qualifies for a winter average billing method, the average consumption will be used to bill the months of March through October and actual consumption in November through February. The winter average will be annually updated to the most recent continuous use in the winter months, and this updated average used to bill the ensuing eight month period.
(2) Special billing method. Any commercial user which utilizes delivered water as an integral part of a produced product, shall be billed based upon a waste meter, or in the same manner as provided for commercial independent discharge accounts.
(3) Multiple commercial accounts. When more than one independent business is within a single structure, the commercial rate and number of commercial minimum charges applicable to the account shall be based upon the number of independent sanitary facilities provided in the structure. The charge shall be equal to the sum of commercial unit charges times the commercial unit minimum rate, plus a charge on water consumption which exceeds the allowance per commercial unit.
(F) Combined dwelling units and others. Where both dwelling units and motel units are combined on the same water supply, the charges shall be at the dwelling unit rate plus the motel unit rate. Where both dwelling units and commercial occupancies are combined on the same water supply, the charges shall be at the dwelling unit rate required with an additional charge based on water consumption. Consumption charges will be calculated allowing a reduction in total consumption equal to the gallons allowed in the base rate of consumption per dwelling unit. The charge shall be equal to the sum of the dwelling units increased by one unit, all charged at the dwelling rate, plus a charge on that water consumption which exceeds the allowance per dwelling unit. The lowest charge shall be equal to the number of dwelling units increased by one unit and charged at the dwelling unit rate.
(Ord. 1737, passed 6-24-91)
The sewer user charge shall begin on the date of connection to the system based on the used categories in this code. Once the sewer user charge has commenced, no credit shall be given to any commercial or single dwelling unit account unless it can be demonstrated that all water sources to that property have been discontinued. If the date upon which the user charge is commenced or altered does not fall on the first day of a billing period, the rates shall be apportionately prorated.
(Ord. 1737, passed 6-24-91)
Sewer use charges as described in the resolution adopting user rates shall be billed for each unit, unless the owner or manager thereof provides a specific listing of vacant units within a structure on the date prescribed by the city. If proof of vacancies is provided, sewage use shall be calculated based on the occupied units times the applicable rate per unit, however, in no event will the number of units billed be less than one unless it can be demonstrated that all water sources to the structure have been discontinued. Failure to provide a listing of occupied units on the prescribed date will cause the billing to the user to be based on the total number of dwelling units times the dwelling unit rate.
(Ord. 1737, passed 6-24-91)
For the user classes billed on a consumption basis, all water supply shall be considered, whether public or private. In the event water meters are not in place, inoperative, or for some reason cannot be read, all consumption will be based on the estimated water consumed. Where estimations must be made for multiple billing periods, the user shall be allowed a consumption base allocation equivalent to the amount estimated, and all actual consumption billed at the appropriate rate. In the event estimated consumption exceeds actual consumption, the user will be credited
with any amounts paid in excess of actual consumption. Where no meter exists, bills will be as provided in this sub-chapter.
(Ord. 1737, passed 6-24-91)
(A) On-site disposal waste. Charges for dumping on-site disposal wastes at the city's sewage treatment plant shall be based on the measured gallonage deposited. These charges shall cover costs of operation and maintenance of the treatment plant and any appropriate local capital costs allocable to the treatment of these wastes and shall be in accord with the resolution of the City Council adopting rates for this class of use.
(B) Hours. Hours for acceptance and locations for disposal of on-site wastes shall be established by the city. No waste will be accepted for disposal at any other time or location.
(C) Samples. Prior to depositing, a sample of waste proposed to be deposited shall be taken. If there is no biological activity in the waste, or if any constituent of the waste is identified which violates the provisions of this chapter for deposit in public sewers, the waste will be rejected.
(D) Restrictions. The city may establish maximum volume and strength restrictions on deposited waste. Any restrictions shall be promulgated in writing to the depositors of the waste.
(E) Violations. Any waste deposited which violates the terms of this subchapter, shall be removed by the city with all costs of personnel, equipment, and damages assessed to the depositor.
(Ord. 1737, passed 6-24-91) Penalty, see § 51.999
Sewer user charges and other fees and assessments shall be established from time to time by resolution of the City Council. User charges shall, at a minimum, provide sufficient revenue to meet the costs of operation, maintenance, replacement, and financing of the treatment works. Charge system shall be designed in accord with this chapter to provide a proportional distribution of costs based on the total waste loading of the system.
(Ord. 1737, passed 6-24-91)
The user of the sewage system shall be responsible for payment of the sewer user charge.
(Ord. 1737, passed 6-24-91)
(A) The users of the sewerage system shall be billed on a monthly basis for services after rendered in accordance with the rate schedule.
(B) The date of the billing shall be in accordance with the monthly cycle billing.
(C) Notice of billing, delinquencies, and all other required information shall be deemed to have been given by the city to property owners when notices are placed in the United States mail with postage prepaid and addressed as shown in the utility records. Failure of owner to provide address change information will not cause notice to be defective. Notice of termination of sewer service may also be made by hand delivery or posting at the consumer's place of use.
(D) Sewer user charges shall be due and payable to the city no later than ten days after the date of billing.
(Ord. 1737, passed 6-24-91; Am. Ord. 1926, passed 4-14-97)
(A) All bills unpaid ten days after date of issuance shall be considered delinquent and additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days.
(B) In the event of failure to pay sewer charges after they have become delinquent, the city shall have the right to remove or close sewer connections and to enter upon the property for accomplishing the purposes. The expense of discontinuance, removal or closing, as well as the expense of restoring service, shall be a debt to the city and shall be paid by the user. The city may use the sewer user deposit to pay the debt.
(C) Sewer service shall not be restored until all charges, including delinquent charges and the expense of removal, closing and restoration, shall have been paid.
(Ord. 1737, passed 6-24-91)
No user may receive sewer service at any location if the user has outstanding unpaid bills at any other location until all outstanding amounts owed by that user are paid in full.
(Ord. 1737, passed 6-24-91)
(A) Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the city requesting a review of his user charge. The 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 Council and the city administration and shall determine if it is substantiated or not, including recommending further study of the matter.
(C) 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. 1737, passed 6-24-91)
(A) All industrial users shall be required to pay that portion of the federal assistance grant under PL 92-500 allocable to the treatment of waste from the users.
(B) The system for industrial cost recovery shall be implemented and maintained according to the following requirements:
(1) Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.
(2) The industrial cost recovery period shall be equal to 30 years or the useful life of the treatment works, whichever is less.
(3) Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after the user begins use of the treatment works.
(4) An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume and flow rate characteristics. As a minimum, an industry's share shall be based on its flow versus treatment works capacity except in unusual cases.
(5) An industrial user's share shall be adjusted when there is a substantial change in the strength, volume or flow rate characteristics of user's wastes, or if there is an expansion or upgrading of the treatment works.
(6) An industrial user's share shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.
(7) An industrial user's share shall include any firm commitment to the city of increased use by the user.
(8) An industrial user's share shall not include an interest component.
(C) This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under PL 92-500.
(Ord. 1737, passed 6-24-91)