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17.36.060 Special User Charges.

City Code Section

(Amended by Ordinance Nos. 186902 and 190482, effective July 30, 2021.)  The following charges are applicable to only certain user groups and are assessed in addition to other user charges.  Users may be subject to one of more of these charges. The current charge rates are provided on the BES annual rate ordinance.

A.  Extra-Strength Charge.  Wastewater discharged to a City sewer, either directly or indirectly, is subject to an extra-strength charge if the discharge has a BOD or TSS in excess of concentration thresholds determined by the Director.  The Director may establish concentration thresholds for other pollutants that are subject to extra-strength charges.  Payment of an extra-strength charge does not excuse the discharger from complying with all other applicable provisions of Chapter 17.34 of this Code.

1.  Calculation of Charges.  Extra-strength charges are based on the following:

a.  The concentration of pollutants in excess of thresholds established by the Director and adopted by Council.

b.   The total metered water supplied to the premises.  The extra-strength charge may be reduced where commercial or industrial wastewater is discharged separately from domestic sanitary wastes or cooling waters and the user provides a meter or other measurement method acceptable to the Director.  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.

2.  Methodologies for calculating extra-strength charges.

a.  Measured Rolling Average.This method bases a user’s rate on the average concentration of the ten most recent monthly concentration averages. Rolling averages are initiated with samples taken over a 5-day period unless otherwise specified by the Director. Samples must be taken daily at an approved sampling manhole or other location as determined by the Director.

(1)  Self-monitoring.  A user may be authorized to submit monitoring data as a basis for rate calculations.  Wastewater samples must be representative of the discharge.

(a)  Reports.  Self-monitoring reports must include sufficient information to calculate the extra-strength rolling average.

(b)  All analytical data submitted for rate calculations must be in accordance with procedures approved in Guidelines Establishing Test Procedures for the Analysis of Pollutants, contained in 40 CFR 136 and amendments thereto as published in the Federal Register.

(c)  Laboratories analyzing for BOD must use approved seed in their analysis. Laboratory reports must indicate the use of approved City seed in order for the data to be used in extra-strength charge calculation.  The Director may require a split of any independent sample collected by the user for the purpose of extra-strength charge calculation.

(2)  Additional sample requests.  Any user subject to the measured rolling average method may request that BES collect additional samples.  Requests must be submitted in writing.  Full payment of re-sampling charges must be received prior to BES incorporating sampling results into the rolling average.

(a)  Split samples.  The Director may allow samples collected by the City for the purpose of determining an extra-strength sewage charge to be split with the user, as provided for in administrative rule.

(3)  Non-routine Discharges.  The Director may allow the exclusion of monitoring data from samples collected during a non-routine discharge from use in calculating a ratepayer’s rolling average, using criteria defined in administrative rules.

b.  Extra-strength class averages.  The Director may establish a rate structure for users to be billed extra-strength charges based on the average discharge concentration of their business class.  Businesses subject to class-average extra-strength charges will be eligible for rate reductions based on the verifiable implementation of approved best management practices, using criteria established by administrative rule.

c.  Other charge computations.  If unusual effluent conditions make calculation by the measured rolling average or the extra-strength class-average method difficult or impossible, the Director may implement another method of sampling and computation.  The Director may establish custom rates based on site-specific conditions per the criteria in administrative rule.

3.  Billing.  Extra-strength charges are either included with the City utility bill or are billed separately by the City Auditor.  These charges are enforceable and collectable in the same manner as water and sewer user charges.  Failure to pay pursuant to Title 21 of this Code may be cause for termination of water and sewer services.

4.  Minimal charges; suspension.  The Director may establish a minimum revenue threshold for periodic extra-strength charges using the rolling average method.  The billing for all accounts with periodic extra-strength sewage charges below this minimum revenue threshold will be suspended or changed to the class average method until they increase beyond the revenue threshold again.

5.  Adjustments. The Director may adjust a user’s charges where applicable at any time in accordance with the most recent monitoring analysis.

B.  Building plan review charges.  Charges are collected by the Bureau of Development Services on behalf of BES for the review of building plans and land use proposals to ensure compliance with requirements for sewage disposal, stormwater management, pollution prevention and source controls, and for determining routes of service.

C.  Charges for Adoption of Nonconforming Sewer Lines.  An owner of a property connected to the public sewer by a nonconforming sewer line in a public right-of-way may request that the City adopt the nonconforming line under Subsection17.32.070 B.4. and associated administrative rules.  Adoption charges will be assessed as provided by Subsection 17.36.040 E.2.

D.  Industrial Wastewater Permit Charges.  Permitted users as identified in Chapter 17.34 must pay industrial wastewater permit charges based on the level of permit complexity, regulatory history, and amount of BES administrative oversight. Charge components are scaled based on whether an industrial discharger is a categorical industrial user, significant industrial user, or neither.  Charges are calculated from the actual costs of BES staff to provide such services as data entry, permit administration, inspection, and permit processing for industrial users.

E.  Batch Discharge Charges.  Users desiring City authorization for one-time discharges from their site must pay the batch discharge review charge.  This charge reimburses the City for site research, system capacity, and pretreatment evaluation for requested discharges.

F.  Discharge Authorization (DA) Charges.  A user seeking City authorization for on-going discharges from their site or typical business activity must pay a discharge authorization review charge.  This charge reimburses the City for site research, system capacity, and pretreatment evaluation for requested discharges.  DA charges will be assessed on a sliding scale depending on the level of review necessary for submittals provided or required to approve the DA request.

G.  Sampling Charges.  A discharger requesting City sampling and analysis assistance to support discharge authorization, permit, or other compliance activities will receive a specific cost estimate from BES.

H.  Sub-Meter Program Fees, Charges and Credits. A commercial ratepayer may elect or be directed to participate in the Sub-Meter Program to accurately assess sewer and stormwater management service user fees. A program participant is required to pay both the Water and the BES special meter charges for each meter in use, which are assessed on each billing cycle. Meter results will provide either credits or additional charges against the user’s bill as described in the Sub-Meter Program administrative rules PPD item ENB-4.32.

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