HomeMy WebLinkAbout1991-03-26; City Council; NS-143; CMC 13.12.010/.020/.060/.080/.090 amend - Sewer def., charges & deposits...1
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ORDINANCE NO. NS - 14 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLF, 13, CHAPTER
13.12 OF THE CARLSBAD MUNICIPAL CODE BY REVISING
SECTIONS 13.12.010, DEFINITIONS, 13.12.020 ADJUSTING
SEWER SERVICE CHARGE ASSESSMENT METHODS, 13.12.060
DEPOSITS AND WITH THE ADDITION OF SECTIONS 13.12.080
FOR DETERMINATION OF SEWER SERVICE CHARGES BY
RESOLUTION AND SECTION 13.12.090 ADJUSTMENT OF
CHARGES.
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION I: That Title 13, Section 13.12.010 of the Carlsbad Municipal
Code is amended to read as follows:
13.12.010 DEFINITIONS
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For the purposes of the Chapter, the following words and phrases shall
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mean:
(1) "DIRECXOR" means the Utilities and Maintenance Director of the
City of Carlsbad.
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(2) "PREMISES" means a lot or parcel of land, with building or
establishment thereon.
(3) "SEWAGE SYSTEM!' means those pipelines, plant facilities, and
appurtenances constructed, maintained and operated by the City
for the collection and treatment of sewage.
(4) "STANDARD METHODS" means the current edition of "Standard
Methods for the Examination of Water and Wastewater",
published by the American Public Health Association.
(5) 'BIOCHEMICAL, OXYGEN DEMAND" or "BOD" means 5-day, 68'F
biochemical oxygen demand measured in milligrams per liter
(mg/L) as described in Standard Methods.
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(6)
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"SUSPENDED SOLLDS" or "SS" means solids that either float on
the surface of, or are in suspension in water, sewage or other
liquids; and are largely removable by laboratory filtering and as
determined by the appropriate procedure in Standard Methods.
"GROUP I RESIDENTIAL DISCHARGER" means any single or
multiple family residential dwelling.
"GROUP 11 COMMERCIAL DISCHARGERS'' means any commercial
discharger whose annual wastewater discharge consist of
biochemical oxygen demand plus suspended solids (added
together) equaling 400 milligrams per liter or less. Typically, this
will include car washes, retail stores, hospitals, laundromats,
professional offices, softwater services, warehouses and theaters.
"GROUP LU COMMERCIAL DISCHARGERS" means any
commercial discharger whose annual average wastewater
discharge of biochemical oxygen demand plus suspended solids
(added together) of more than 400 milligrams per liter and less
than 1000 milligrams per liter. Typically, this will include hotels-
motels (without restaurants), repair and service stations,
manufacturing, and lumber yards.
"GROUP IV COMMERCIAL, DISCHARGER" means any commercial
discharger whose annual average wastewater discharge consists
of biochemical oxygen demand plus suspended solids (added
together) equaling 1000 milligrams per liter or more. Typically,
this will include bakeries, hotels-motels (with restaurants),
restaurants and supermarkets.
"GROUP V INSTITUTIONAL DISCHARGERS" means schools,
Social Service Halls, membership organizations and other users
who are determined equivalent by the Director.
"GROUP VI LARGE VOLUME DISCHARGERS'' means users whose
wastewater discharge quantity amount to more than 25,000
gallons per day on an average annual basis.
"INDUSTRIAL PRETREATMENT CLASS I CUSTOMERS" means
any user subject to federal categorized pretreatment standards
and requires quarterly inspection and annual permits.
"INDUSTRIAL PRETRF.ATMENT CLASS II CUSTOMERS" means
any non-categorical users discharging wastewater which may
cause pass-through or interference with the system, or contain
components as determined to be regulated and requires semi-
annual inspections and permits every two years.
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(15) ''INDUSTRIAL PRETREATMENT CLASS III CUSTOMERS" means
any user discharging waste other than domestic waste, having a
reasonable potential to adversely affect the Encina Water
Pollution Control Facility and requires annual inspections and
permits every three years.
SECIION 2: That Title 13, Chapter 13.12.020 of the Carlsbad Municipal
Code is amended to read as follows:
7 13.12.020 SEWER SERVICE CHARGES ESTABLISHED
8 All persons whose premises in the City are served by a connection to the
9 city sewer system whereby sewage or other waste material is disposed of
lo 11 through such systems, shall pay a sewer service charge imposed by resolution
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pursuant to the provisions of this chapter.
13 /I SECTION 3: That Title 13, Chapter 13.12.060 of the Carlsbad Municipal
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The City Council may require any person to deposit funds with the 16
13.12.060 DEPOSITS 15
Code is amended to read as follows:
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Utilities and Maintenance Department to ensure collection of any charge fixed
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in this chapter and to ensure recovery of the actual cost of installing sewer
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laterals.
The difference between actual cost of sewer lateral installation and the
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incurred beyond the deposited amount shall be itemized and billed as an 23
deposit amount shall be refunded upon the completion of the work. Costs
additional cost to the customer, upon review and approval of the Director.
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Deposits shall be established by resolution pursuant to the provisions of
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SECI'ION 4: That Title 13, Chapter 13.12. of the Carlsbad Municipal
Code is amended by the addition of Section 13.12.080 to read as follows:
4 13.12.080 DETERMINATION OF SEWER SERVICE CHARGE
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(A) FEE RESOLUTION
The City Council has the authority by resolution, to establish fees when
7 11 necessary to recover the costs for sewer services.
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9 The City of Carlsbad Fee Resolution shall provide for a sewer service
lo I1 charge to be charged monthly to dischargers. The sewer service charge shall
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administrative and general expenses. The charge shall be based on four (4) 12
incorporate all costs of sewage collection, treatment and disposal, including
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(1) City operations and maintenance
(2) City capital requirements
(3) City's portion of costs associated with the Encina Water Pollution
Control Facility (EWPCF) operations and maintenance
(4) City's portion of costs associated with EWPCF capital
requirements
2o 11 (B) ALLOCATION OF COSTS
21 11 All sewer service charges shall be calculated so as to allocate the costs of
22 the enterprise to the dischargers in accordance with sewage quantity (flow) and 23
quality (indicated by BOD and SS concentrations), including, but not limited to, 24
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costs incurred by the EWPCF in treating and disposing of any effluent generated
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Group I residential dischargers shall be charged a flat rate amount per
billing period. The flat rate amounts for multiple family housing shall be
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3 administered according to the number of residential units per water meter.
4 All other discharger groups shall be charged a unit rate per hundred cubic
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discharger group shall have a separate unit rate per hundred cubic feet of water ' feet (HCF) of water usage or a minimum charge whichever is greater. Each
7 // usage or minimum charge, whichever is greater. Each Group VI large volume
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discharger shall have a separate unit rate per hundred cubic feet of water usage 9
10 or a minimum charge, whichever is greater. The City of Carlsbad Fee
11 Resolution shall stipulate the unit rates and minimum charges based on
12 wastewater quality and quantity.
13 Schools shall be charged on the basis of average daily attendance (ADA)
14 The sewer service charge shall be applied throughout the twelve month year.
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16 Every person granted an industrial waste permit pursuant to Title (13) of
17 the Carlsbad Municipal Code shall pay a fee to the City for inspection and
18 control. The Encina Administrative Agency (EM) shall determine the minimum
19 number of inspections per year for each permittee as necessary for the proper
2o 1 enforcement of this chapter. The inspection fee shall be included with the
21 11 sewer service charge in an amount specified in the Carlsbad fee resolution
22 /I I/ according to the minimum number of inspections determined by the EAA and 23
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shall apply to the collection of such fees pursuant to this chapter.
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SECIION 5: That Title 13, Chapter 13.12 of the Carlsbad Municipal Code
is amended by the addition of Section 13.12.090 to read as follows:
applied throughout the twelve month year. The same enforcement provisions
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13.12.090 ADJU!3IENT OF CHARGES
3 (A) FILING FOR AN ADJUSTMENT OF CHARGES
4 In any case where it is believed that a sewer service charge imposed by
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apply to the Director for adjustment by filing with the Director, within thirty 6
this article is excessive, the person responsible for paying such charge may
(30) days from the date of service of such charge, a written dated affidavit 7
9 containing:
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(1) A description, or address of the property involved in the requested
adjustment.
(2) The name or names and mailing addresses, of all the appellants
participating in the requested adjustment.
(3) A brief statement setting forth the legal interest of each of the
appellants in the building or land involved in the requested
adjustment.
(4) A statement in ordinary and concise language describing the
reason for the requested adjustment.
(5) A statement of any material facts supporting the request for
adjustment; specifically, statements alleging discriminatory,
unreasonable, or unfair charges.
(B) DETERMINATION
21 As soon as practical, but not longer than sixty (60) days after receipt of
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request for adjustment. 23
request for adjustment, the Director shall make a determination concerning the
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The charge shall be deemed to be non-discriminatory, reasonable, and fair
for a non-residential user if at least ninety (90) percent of the water supplied
to the premises on an annual basis enters a public sewer.
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4 should be assigned to a different discharger group, as defined herein.
The charge shall be deemed to be discriminatory, unreasonable, or unfair
if the wastewater characteristics of the discharger indicate that the discharger
5 During the course of the request the Director may visit and inspect any '
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building or premises involved in the proceedings, and may there receive oral
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9 The findings of the Director may wholly, partially, conditionally, approve
or disapprove the requested adjustment. The decision of the Director may be
11 appealed to the City Council by filing a written notice of appeal with the City
12 Clerk within ten (10) calendar days of the Director's decision. Fees for appeal
l3 shall be established by resolution of the City Council.
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testimony of any witness.
If it is determined that the charge is discriminatory, unreasonable or
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unfair, the Director shall adjust the charge so that it is fair, reasonable, and
non-discriminatory. If the charge has already been paid, the excess paid during
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1 not be subject to adjustment. 2o
refunded. Charges which are delinquent for more than ninety (90) days shall 19
the year immediately preceding the date of application for adjustment shall be
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EFFECTIVE DATE: This ordinance shall be effective thirty days afte.
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause
be published at least once in the Carlsbad Journal within fifteen days after its adopt:
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
Council on the 19th day of March , 1991, by the following vote, to
PASSED AND ADOPTED at a regular meeting of the City Council of the
of Carlsbad on the %May of March , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Nygaard and Stanton
NOES: None
ABSENT: Council Member Kulchin
12 OW AND LEGALITY
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CLA&E A. LEWIS, Mayor
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ATTEST:
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