17.36.050 User Charges.

City Code Section
  1. A. Sanitary Sewer Services
    1. 1. Sanitary Sewer User Charge. All ratepayers who discharge to the City’s sanitary sewer system must pay the sanitary sewer user charge. Charges for sanitary sewer services may include, but are not limited to, sanitary sewer volume charges and account service charges. These charges are calculated on a routine basis, such as monthly, bi-monthly, or quarterly frequencies. The methodologies used to calculate sanitary sewer user charges are described in Administrative Rule ENB-4.09. Rates are published in the annual rate ordinance, Binding City Policy ENB-4.20.
      1. a. Residential. Residential ratepayers are billed based on the actual metered water volume recorded during the winter billing period as described in Administrative Rule ENB-4.09. The winter billing period is designed to estimate water volume used indoors and discharged to the sanitary sewer system.
        1. (1) During the non-winter billing period, residential ratepayers are billed based on a winter average, minimum use average, or class average as described in Administrative Rule ENB-4.09
        2. (2) Class Average. Class average volumes are assigned for:
          1. (a) Any ratepayer account for which the City does not receive meter reads to verify water use, including those with private or alternative water sources;
          2. (b) New ratepayer accounts started outside the winter billing period; and
          3. (c) Existing ratepayer accounts that have insufficient data to determine the winter average or billable sewer volume.
      2. b. Nonresidential. Nonresidential ratepayers, including commercial, industrial, and institutional users, are billed sanitary sewer user charges based on metered or estimated sewer discharge volume multiplied by the non-residential sewer services rate. Methods for measuring or estimating sewer volume include charge meters, process inflow meters or water meters, historical water use, measured discharge, or other methods approved by the City. Any measured or estimated volume determinations that include water not entering the sewer system may be eligible for a reduction in sewer user volume charges pursuant to Administrative Rule ENB-4.32.
        1. (1) Mixed Use. Where residential and nonresidential uses share the same water supply, the City calculates charges for sanitary sewer service in the same manner as those for nonresidential uses unless water usage is metered or billed separately for residential and nonresidential uses.
        2. (2) Mobile Discharges. User charges are applicable to all wastewater discharges to the City sewer system regardless of the source. In circumstances where the wastewater discharge is not from a fixed location, including, but not limited to, ships, barges, houseboats, and other movable facilities or dwelling units, the Director will estimate the volume of water to which user charges apply unless the ratepayer has provided another method of determining the volume that has been approved by the Director.
          (3) Contaminated Stormwater. In areas served by separated storm and sanitary sewer systems, the City may accept the discharge of contaminated stormwater into the sanitary sewer. The discharge volumes will be determined by the amount of impervious area producing the contaminated stormwater plus the average rainfall or data obtained from a discharge meter. Discharges of contaminated stormwater are charged at the nonresidential sewer user rate.
        3. (4) Clean Water Discharges. Non-contact cooling water or water condensed from steam that has been put to no other use may be discharged into the sanitary system as clean water. Charges are the same as for other sewer uses and are calculated based on the nonresidential sewer user rate multiplied by the measured or estimated volume of water discharged to the sanitary sewer system. Ratepayers authorized to discharge clean water to the sanitary sewer system are subject to Administrative Rule ENB-4.32. Rates are published in the annual rate ordinance, Binding City Policy ENB-4.20.
      3. c. Private and Alternative Water Source Use. User charges may be adjusted in cases where water is supplied solely from a private 
        source including, but not limited to, wells, springs, rivers or creeks,
        non-City sources, or from a partial supply in addition to water
        furnished by the City:
        1. (1) Residential. Residential ratepayers are charged based on a class average volume for their alternative source water use.
        2. (2) Nonresidential. Ratepayers must meter the private or alternative water supply as an inflow, or a discharge as described Administrative Rule ENB-4.32, and are charged accordingly.
    2. 2. Extra-Strength Charge. Extra-strength sewer charges must be paid by any ratepayer who discharges high-strength wastewater to the City’s separate sanitary or combined sewer system. Ratepayers are charged an extra-strength sewer charge in addition to the nonresidential sanitary sewer user volume charges as described in Administrative Rule ENB-4.25. 
      1. a. Basis of Charge. Extra-strength charges are based on the following:
        1. (1) The concentration of pollutants as identified Administrative Rule ENB-4.25.
        2. (2) The total metered water volume supplied to the premises. The extra-strength charge may be reduced where commercial or industrial wastewater is discharged separately from domestic sanitary wastes or non-contact cooling waters and the user provides a meter or other measurement method as identified in administrative rule. For multiple tenant buildings with shared water service, extra-strength charges will be apportioned by class of individual tenant with an estimated volume as a portion of the total sewer bill. 
        3. (3) The billing methodologies identified in Administrative Rule ENB-4.25, which include:
          1. (a) Measured ESC Method. This method is based on rolling average sampling and analysis of the ratepayer’s wastewater discharge volume and pollutant loading. Billing is based on a rolling average of sample results as described in Administrative Rule ENB-4.25.
          2. (b) Class Average ESC Method. This method is based on a ratepayer’s business type and its assumed average discharge concentration per the Class Average Table included in Administrative Rule ENB-4.25.
      2. b. The Director may approve a custom billing methodology for a ratepayer when the characteristics of their wastewater discharge make it impractical to apply the calculation methodologies as prescribed in administrative rule. Custom billing methodologies will be consistent with the intent and purpose of this Chapter and Administrative Rule ENB-4.25. 
  2. B. Stormwater Management Services
    1. 1. Stormwater Management User Charge. All ratepayers who receive a direct or indirect benefit from City stormwater management services are subject to the stormwater management user charge. This charge is based on the user’s proportionate share of City stormwater management services.
      1. a. The ratepayer identified on the City utility billing account is assumed to be the user of stormwater management services and responsible for the user charge. If the property is not subject to other City utility charges, the Director will determine the ratepayer responsible for the user charge.
    2. 2. Basis of Charge. Stormwater user charges are calculated based on the site’s measured or estimated stormwater billable area and equivalent service units. The following areas are excluded from a property’s stormwater billable area: Right-of-way dedicated to the public and over which the City exercises regulatory jurisdiction and management; and outdoor recreation areas, except for associated parking lots and buildings, that are owned by governmental bodies and available to the general public at all times without fees for use. 
      1. a. Class Average. A property‘s stormwater billable area is assumed to be equal to the class average stormwater billable area for the property‘s class unless the property has been measured to the satisfaction of the Director.
    3. 3. User Service Charges. Stormwater user charges are calculated based on the user’s proportionate share of City stormwater management services. The methodologies used to calculate stormwater user charges are described in Administrative Rule ENB-4.09. Rates are published in the annual rate ordinance, Binding City Policy ENB-4.20. 
      1. a. Residential. Residential users are charged based on tiered class 
        averages, class averages, or measured stormwater billable area,
        depending on the number of dwelling units on a tax lot.
      2. b. Nonresidential. Nonresidential users are charged based on measured stormwater billable area.
      3. c. Drainage Districts. Users within a drainage district boundary are charged a unique rate for each user type. The basis of charge is the same as for users in the rest of the city.
      4. d. Multiple Accounts on a Single Tax Lot. Where multiple nonresidential ratepayer accounts are associated with a single tax lot, BES will allocate all stormwater management user charges to a single account.
    4. 4. Clean River Rewards. Ratepayers that control and manage the quality and quantity of stormwater runoff from their properties may receive discounts towards the eligible component of the total stormwater management charge. Discount amounts are based on meeting the applicable standards of the Stormwater Management Manual (SWMM). Clean River Rewards program requirements are described in Administrative Rule ENB-4.16.
    5. 5. Authorized Non-stormwater Discharges to the Municipal Separate Storm Sewer System (MS4). Users authorized to discharge allowable non-stormwater discharges to the City’s MS4 are charged a unique rate based on the measured or estimated volume of water discharged. Ratepayers authorized to discharge non-stormwater discharges to the storm system are subject to Administrative Rule ENB-4.13. Rates are published in the annual rate ordinance, Binding City Policy ENB-4.20.
  3. C. Portland Harbor Superfund Charge.
    1. 1. The City calculates and collects user charges for the Portland Harbor Superfund Program. If the property is not subject to other City utility charges, the Director determines the ratepayer responsible for the Portland Harbor Superfund charge. This user charge appears as a line item on the City utility bill and is the sum of the following two rate calculations:
      1. a. Sanitary Volume. This portion of the charge is the billed sanitary sewer user volume multiplied by the Portland Harbor Superfund Sanitary Volume rate.
      2. b. Stormwater Billable Area. This portion of the charge is the stormwater billable area multiplied by the Portland Harbor Superfund Impervious Area rate.
  4. D. Batch Discharges and Construction Dewatering. Users authorized for batch discharges and construction dewatering are charged based on the estimated or metered volume water discharged to the public sewer and drainage system. Rates are determined by the type of sewer system receiving the discharge as published in the annual rate ordinance, Binding City Policy ENB-4.20. Additional review fees and charges, including extra-strength charges, may be applied as described in this Chapter and administrative rule.
  5. E. Submeter Program Fees, Charges, and Credits. A ratepayer may request or be directed to participate in the Submeter Program to assess sewer and stormwater management service user charges accurately. A program participant is required to pay both the Portland Water Bureau and the BES administrative or special meter charges for each meter in use, which are assessed on each billing cycle. Submeter program requirements, fees, charges, and credits are described in Administrative Rule ENB-4.32.

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