Chapter 13.10
SANITARY SEWERS
Sections:
13.10.010 Construction of public sanitary sewerage facilities.
13.10.020 Connection to the public sanitary sewerage system – Fees.
13.10.030 Connection credits and rebates.
13.10.040 Sanitary sewer user fees – Fee calculation.
13.10.050 Special facilities.
13.10.060 Rate schedule.
13.10.070 Use of funds – Operating expenses.
13.10.080 Use of funds – Bond indebtedness.
13.10.090 Annual review.
13.10.100 Financial management system.
13.10.110 Billing.
13.10.120 Private wells and private water companies.
13.10.130 Sub-billings.
13.10.140 Protest and review.
13.10.150 Deposits.
13.10.160 Service discontinuance.
13.10.170 Payment.
13.10.180 Application of payment to user and water charges.
13.10.190 Delinquency and penalties.
13.10.200 Rate schedule – Table.
13.10.010 Construction of public sanitary sewerage facilities.
A. New Public Facilities. The department may grant permission for an applicant to construct public sanitary sewerage facilities. The director or a designated representative is authorized to decide whether all or part of a new sanitary sewerage system will be accepted into the public system. Applicant may be required to design and construct the public sanitary sewerage facilities so as to provide capacity and service to all up-gradient property. The applicant may be required to augment existing downstream public sanitary sewerage facilities in order to provide capacity for the applicant’s development. All on-site and off-site public facilities shall be designed in conformance with the latest edition of Pima County wastewater management department’s Manual of Engineering Standards and Procedures and the latest edition of the Pima County/City of Tucson Standard Specifications and Standard Details for Public Improvements. No new public gravity sanitary sewer line shall be less than eight inches in internal diameter. The public sanitary sewerage facilities shall be constructed at the sole expense of the applicant and within public streets, avenues, alleys, and rights-of-way that provide unrestricted, 24-hour, all-weather commercial vehicle access over and to the public sanitary sewerage facilities. The locations of public sanitary sewerage facilities in easements or in areas with restricted vehicle access may be allowed on a case-by-case basis only if no alternative alignment is deemed viable by the department.
B. Existing Public Facilities. Where a new development includes within its boundaries existing public sanitary sewage conveyance facilities, the applicant shall provide unrestricted, 24-hour, all-weather maintenance vehicle access to all existing and new manholes and cleanouts of the public sanitary sewage conveyance system. Surface improvements, such as paving, may be required for all-weather access, including vehicular turning radii.
C. Permits for Construction.
1. Public Sewerage Facilities Project Construction Permits. Prior to constructing or contracting for the construction or installation of a gravity sanitary sewer, wastewater pumping system, sanitary sewer system extension or wastewater treatment facility, in whole or in part, the applicant shall obtain a form “A” major utility installation permit, or other applicable form, from the department. If the construction for which the permit is issued is not completed within the approved period of time, the applicant shall renew the construction permit for an additional period of time and shall pay the appropriate renewal fee. The permit shall not be issued until the following requirements have been met:
a. Approval of the project concept, which may include location, alignment, maintenance accessibility, necessity, capacity, conditions of hydraulic flow, mitigation of odors, points and methods of connection and other significant factors, by the department or its delegated representative;
b. Acceptance by the department, or its delegated representative, that the plans and specifications for the proposed construction or installation, signed by a licensed professional engineer, are in compliance with department standards and specifications as well as the general and specific department conditions for the project;
c. Submission of letter of application and affirmation of cost for review and approval by the department;
d. Submission of copies of itemized bids signed by the contractor and by the applicant;
e. Submission of evidence that all required easements, whether permanent or temporary (for the purposes of construction), have been approved and recorded;
f. Payment of project construction permit fees, which shall be the greater of $500.00 or two and one-half percent of the affirmed contract price for construction of the sanitary sewerage facilities plus an administrative fee of $200.00, at the time the required permit is obtained. Said project construction permit shall be obtained prior to commencing physical construction/installation work on the public sanitary sewerage facilities. Renewal of the project construction permit shall be obtained prior to the expiration of said permit. Subsequent renewal of an expired project construction permit shall require payment of an additional inspection fee which shall be one percent of the affirmed contract price of the construction, plus an administrative fee of $100.00. If said renewal of the project construction permits is not renewed in a reasonable time, the director reserves the right to require a new permit be issued. If said project construction permit is violated, the director shall serve or cause to be served such applicant a written stop work order (“SWO”). The SWO shall state the nature of the alleged violation related to the project construction permit. The SWO shall require payment of a violation fee which shall be $1,500 plus double the original two and one-half percent of the affirmed contract price for construction of the sanitary sewerage facilities;
g. Submission of construction authorization for the project from the Arizona Department of Environmental Quality or its delegated representative;
h. Consummation of the operation and maintenance agreement for special facilities as required by STC 13.10.050.
2. Small Construction Activity Permits. Prior to commencing or contracting for the construction or installation of a new manhole, or for tapping a manhole or for tapping a 15-inch or smaller gravity sanitary sewer, the applicant shall obtain a form “A” small construction activity permit, or other applicable form, with an approved period of construction. Payment of small construction activity permit fees, as indicated in the following table, shall be paid prior to payment of connection fees. Small construction activity permits shall be issued for a specified period of time based on the applicant’s statement of when the connection construction activity will be accomplished. The permit shall provide the telephone number of the town agency responsible for the inspection of the small construction activities. It shall be the applicant’s responsibility to contact the inspecting agency to determine at what stage of construction the inspections are required. Should the applicant fail to complete the work within the approved time on the initial permit, the permit shall expire and a renewal of the permit shall be required. The applicant shall obtain a first renewal of the permit at no cost. Should the applicant fail to complete the work within the approved time on the first renewal permit, the first renewal permit shall expire and a second renewal of the permit shall be required at the applicant’s additional cost as shown in the following table. Subsequent renewals shall also be at the applicant’s additional cost as indicated in the table.
a. Small Construction Activity Permit Fees.
|
Construction Activity |
First Construction Activity Permit |
First Renewal Permit |
Each Added Renewal Permit |
|
HCS tap and stubout into public sanitary sewer of 15-inch or less diameter |
$100.00 |
$0.00 |
$50.00 |
|
Large sanitary sewer tap |
$150.00 |
$0.00 |
$75.00 |
|
Existing manhole tap |
$150.00 |
$0.00 |
$75.00 |
|
New manhole over existing sewer; no corrosion protection |
$200.00 |
$0.00 |
|
|
New manhole over existing sewer; with corrosion protection |
$300.00 |
$0.00 |
$150.00 |
Payment of any small construction activity permit fee does not relieve the applicant from paying sewer connection fees pursuant to STC 13.10.020.
b. The small construction activity permit shall not be issued until the following requirements have been met:
(1) Approval of the construction concept by the department or its delegated representative. Consideration may be given to location, alignment, maintenance accessibility, necessity, capacity, conditions of hydraulic flow, mitigation of odors, points and methods of connection and other significant factors; and
(2) Submission of evidence that all necessary easements, whether permanent or temporary, for the purposes of construction, have been approved and recorded.
D. Bill of Sale. Upon completion of construction and final approval by the department of the sanitary sewerage facilities previously agreed by the department to be added to the public sanitary sewerage system, and upon delivery to the department of all required approved and recorded easements, and the required number of sets of operations and maintenance manuals for wastewater pumping facilities and “as built” drawings of sanitary sewerage facilities to be conveyed to the town, applicant shall convey all of its right, title and interest in and to the sanitary sewerage facilities to the town, free and clear of liens, claims, charges and encumbrances. The transfer of the right, title and interest in and to the sewerage facilities shall be accomplished by a bill of sale prepared by the town. The applicant shall warrant that all work shall be free from any defects due to poor workmanship or materials for a period of one year from the acceptance of a bill of sale by the town council. The applicant shall make necessary repairs to correct the defects as determined by the town at applicant’s sole cost and expense.
E. Private Sanitary Sewage Conveyance Systems.
1. The owner, or an authorized homeowners’ association, shall be responsible for the maintenance, operation and repair of a private sewage conveyance system. The responsibility extends from the point of physical connection to the public sanitary sewage conveyance main in the adjacent street, alley or easement to and including the plumbing fixtures within the connected building.
2. The person responsible for the construction of a private sanitary sewage conveyance system that includes manhole or cleanout structures shall install covers with the words “private sanitary sewer” cast into the metal.
3. A property owner shall be responsible for expeditiously correcting all private sanitary sewage conveyance system defects that result in sanitary sewer overflow problems, or cause nonwastewater infiltration or inflow to the public sanitary sewerage system. [Ord. 2008-05 §§ 4, 5; Ord. 2002-05; prior code § 16-2-1.]
13.10.020 Connection to the public sanitary sewerage system – Fees.
A. Application – Payment of Fees. At the time of application for building or plumbing permits from any jurisdiction served by the department, or, if no such permit is required, prior to connection to the public sanitary sewerage system, the applicant shall submit plans to the department showing the location and method of connection to the public sanitary sewerage system and the number and type of fixtures to be connected. The department shall review and approve the method of connection and shall determine the applicable sewer connection fees for the project.
1. Payment of the sewer connection fee is a condition of service to the property. Sewer connection fees shall be paid prior to issuance of any plumbing or building permit. No temporary or final occupancy permits shall be issued until connection fees are paid for the units to be occupied. The applicant shall be responsible for the payment of the connection fees. The department may refuse to provide further services to the property if connection fees have not been paid.
2. Where no connection fee was paid at the time of physical connection, continuing service is conditioned upon:
a. If the owner at the time of connection is the present owner, payment of the fee due at the time of connection plus interest pursuant to subsection M of this section; or
b. If the present owner is different than the owner at the time of connection, payment by the present owner of a connection fee at the current rate.
3. Before connecting an existing commercial or industrial structure served by a private on-site disposal system, where plans are not available, the necessary inspections shall be made to determine the need for an industrial waste control permit, and the number, type and size of existing fixtures to be connected to the public sanitary sewerage system. Before connecting an existing residential dwelling unit served by a private on-site disposal system, where plans are not available, an inspection shall be made at the discretion of the department.
4. Before connecting a private sanitary sewage pumping facility and its appurtenances to the public sanitary sewage conveyance system, the owner of the private pumping facility shall submit an application for an industrial waste control permit for the pumping facility so that the need for an industrial waste control permit can be determined. The findings and requirements resulting from the permit review process shall be provided to the department at the time of application to connect to the public sanitary sewerage conveyance system. If an industrial waste control permit is needed, it shall be finalized prior to the turn-on of the private wastewater pumping system. The department may require the owner to institute measures to control the delivery of deleterious liquid waste by the proposed private wastewater pumping system to the public sanitary sewerage system.
5. In lieu of payment of individual sewer connection fees, an area under development served by a private independent sanitary sewerage system may be connected at the discretion of the director upon payment of an appropriate system transfer fee.
B. Participating Rate Connection Fee Standards. Only units directly tributary to the qualifying public sanitary sewer improvements listed below that are being or have been constructed by the applicant or a previous owner of the involved property shall qualify for the participating rate sewer connection fee. All other property units shall be assessed nonparticipating connection fee rates. The participating rate connection fee status shall run with the property and may not be transferred to another property. Property to be qualified for participating rate connection fee status shall be clearly identified on the sanitary sewage conveyance system facility construction plans when they are presented for review. The department may apply the actual classification of the participating or nonparticipating fees rates on an individual drainage basin basis within the overall development at the time of construction plan review, rezoning request review, tentative plat review, or final plat approval. A public off-site pressure sewer receiving flow from a wastewater pumping station does not qualify as a public off-site gravity-flow sanitary sewer. Qualifying public sanitary sewer improvements are:
1. A new public off-site gravity-flow sanitary sewer extending more than 400 feet from the most down-gradient portion of the area under development containing the unit;
2. An existing public off-site gravity-flow sewage conveyance facility augmented at a cost equal to or greater than the cost of installing the qualifying length, as defined in subsection (B)(1) of this section, of new public sanitary sewer of a size sufficient to serve the area under development;
3. A new public off-site gravity-flow sanitary sewage conveyance system of a length equal to or greater than the qualifying length, as defined in subsection (B)(1) of this section, which qualifies for a rebate or credit.
C. Participating Connection Fee Rates.
1. Single-Family Residential Property. The connection fee will be $177.05 per fixture unit equivalent;
2. Multifamily Residential Property. The connection fee will be $177.05 per fixture unit equivalent;
3. Commercial and Industrial Property. The connection fee will be $233.30 per fixture unit equivalent.
D. Nonparticipating Connection Fee Rates.
1. Single-Family Residential Property. The connection fee will be $233.30 per fixture unit equivalent;
2. Multifamily Residential Property. The connection fee will be $233.30 per fixture unit equivalent;
3. Commercial and Industrial Property. The connection fee will be $466.71 per fixture unit equivalent.
E. Special Facilities. If the property necessitates the construction of special facilities, the department may require the applicant to provide these special facilities at its own expense. The cost to the applicant to provide any special facilities shall be in addition to connection fees established for the property, and the cost to operate the special facilities may be subject to special operating fees in accordance with this chapter.
F. Fixture Unit Equivalents.
1. The unit equivalent of plumbing fixtures shown in Table 13.1 shall be based on the size of the trap required, and the unit equivalent of fixtures and devices not shown in Table 13.1 shall be based on the rated discharge capacity in gallons per minute (GPM) in accordance with Table 13.2.
2. Maximum trap loadings for sizes up to four inches are as follows:
|
Inches |
Units |
|
1-1/4 |
1 |
|
1-1/2 |
3 |
|
2 |
4 |
|
3 |
5 |
|
4 |
6 |
3. Clothes washers in groups of three or more shall be rated at six units each.
4. For a continuous flow into a drainage system, such as from a pump, sump ejector, air conditioning equipment or similar device, two fixture units shall be allowed for each gallon per minute of flow.
|
Table 13.1 |
|
|
Kind of Fixture |
Units |
|
Bathtubs |
2 |
|
Bidets |
2 |
|
Clothes washers |
2 |
|
Clothes washers (3 or more) |
6 |
|
Dental units or cuspidors |
1 |
|
Dishwasher (commercial) |
3 |
|
Drain, floor (2" min. waste) |
2 |
|
Drain, floor (3" min. waste) |
6 |
|
Drain, trench |
6 |
|
Drinking fountain |
1 |
|
Floor sinks (receptors) |
|
|
Garbage disposal (commercial) |
3 |
|
Garbage disposal (residential) |
1 |
|
Laundry tubs |
2 |
|
Mobile home park (3" trap) |
11 |
|
Mobile home park (4" trap) |
18 |
|
RV/Bus holding tank dump receptor |
27 |
|
RV park trap (including park model) |
9 |
|
Showers, single stalls |
9 |
|
Sinks, bar, residential (1-1/2" min. waste) |
1 |
|
Sinks, bar, commercial (2" min. waste) |
2 |
|
Sinks, commercial or industrial, schools, etc., including dishwashers, wash up sinks and wash fountains (2" min. waste) |
3 |
|
Sinks, flushing rim, clinic |
6 |
|
Sinks and/or dishwashers (residential) (2" min. waste) |
2 |
|
Sinks and/or garbage disposals (residential) (2" min. waste) |
3 |
|
Sinks, service |
3 |
|
Urinals, pedestal or trough |
6 |
|
Urinals, stall |
2 |
|
Urinals, wall (2" min. waste) |
2 |
|
Urinals, waterless |
1 |
|
Wash basins (lavatories) single, each |
1 |
|
Water closet, tank type |
5 |
|
Water closet, flush valve type |
5 |
* NOTE: The size and discharge rating of each indirect waste receptor and each interceptor shall be based on the total rated discharge capacity of all fixtures, equipment or appliances discharging thereinto in accordance with Table 13.2. The discharge rating for discharges greater than 50 gallons per minute shall be determined by the department.
|
Table 13.2 |
||
|
Up to 7-1/2 |
equals |
1 unit |
|
8 to 15 |
equals |
2 units |
|
16 to 30 |
equals |
4 units |
|
31 to 50 |
equals |
6 units |
G. High-Strength and/or High-Volume Commercial and Industrial Connections. The department shall evaluate the effect on the conveyance and treatment systems caused by each new commercial establishment connection having any of the following characteristics: (1) flows greater than 1,000 Ccf/month, (2) total solids greater than 1,200 mg/l, or (3) chemical oxygen demand greater than 1,000 mg/l. An individual fixture unit rate shall be set by the department for each such user.
H. Prevailing Rate. The connection fee charged shall be at the rate prevailing at the time of application of a plumbing or building permit. The connection right shall continue for the life of the structure. Fixtures added to the structure shall be charged the rate prevailing at the time of issuance of a permit for the additional fixtures.
I. Prepaid Connection Fees. Prepaid connection fees shall be deducted from the prevailing rate fee calculation.
J. Fixture Unit Credits for Demolition and Conversion.
1. Fixture unit credits shall be granted for legally connected and documented fixtures:
a. Upgraded or replaced in an existing structure; or
b. Demolished when a structure is razed; or
c. Converted when a structure is changed from a residential to a commercial/industrial use or from a commercial/industrial to a residential use; or
d. Converted from a residential to a commercial/industrial use.
2. Fixture unit credits may be used in lieu of connection fees only in a structure or tenant space at the same street address as the structure or tenant space for which credits were granted.
3. Fixtures for which credits are claimed shall be clearly documented on available town or Pima County records. Fixture unit credits shall not be awarded for fixtures not identified in town or Pima County records, except for connections made prior to 1979 and where a sewer user fee account has been active since 1979. Connections made prior to 1979 may be verified by a positive dye test and by field inspection. When no record exists or no user fees have been paid, no demolition credit shall be allowed.
4. Fixture unit credits shall be used within five years of the time the fixtures or structures are demolished. Fixture unit credits for the property shall not be allowed if user fees have not been paid for the property within the preceding five years.
5. If there is a conversion from residential to commercial/industrial, credits shall be awarded at one commercial/industrial fixture unit per two residential fixture units. If there is a conversion from commercial/industrial to residential, credits shall be awarded at two residential fixture units per one commercial/industrial unit.
6. A new sanitary sewer connection permit shall be required for a conversion between residential uses and commercial or industrial uses.
7. Applicants for commercial property demolition or conversion fixture unit credits shall submit appropriate demolition or conversion drawings at the time of permit application.
K. Connection Fee Surcharge. The town council may, by resolution, institute a connection fee surcharge for a specific area to recover the costs of required facilities in that area.
L. Temporary Connections. The director may authorize, in writing, issuance of a permit for a unit to be temporarily connected to a nearby sewer. All permits issued and installations made pursuant to this section shall be on a temporary basis only, and shall be subject to the following terms and conditions:
An applicant for sewer service for a period not to exceed two years may be issued a temporary permit. The permit may not be renewed. The prevailing connection fee rate shall be charged the applicant for this permit. The connection fees paid may be credited against the sewer connection fees for a permanent connection replacing the temporary connection within the two-year period. If a permanent connection is not achieved within the two-year time period, the temporary connection permit shall expire, the physical connection shall be eliminated, and the connection fees shall not be returned.
M. Delinquency.
1. The connection fee payment is due at the time of issuance of a plumbing or building permit. Fees shall be first applied to any unpaid fees owed by the applicant to the department.
2. If no building or plumbing permit is issued, the connection fee is due prior to the physical connection to the system or upon receipt of the department’s notification to the property owner that a discovery reveals that the property improvements were connected to the public sanitary sewerage system without payment for the properly required permits.
3. Interest charges shall be added to any unpaid connection fee and calculated at the rate of 10 percent per year on the unpaid connection fee balance. If the unpaid connection fee and any interest charges are not paid by the property owner within 10 working days from the date of a notice of delinquency, the director may add to the amount due any legal or collection costs incurred.
N. Connection Fee Refunds. Upon application to the department, 80 percent of the connection fee may be refunded if the physical connection for which the fee was paid has not been made. Connection fee refunds shall not be processed for payment for 60 days following receipt of the application for the refund to give the department the opportunity to verify the facts associated with the original connection fee application and the refund application. An administrative fee of $125.00 shall be assessed for each connection fee refund authorized. The director shall have the authority to waive the payment of a refund administrative fee or to direct early payment of a connection fee refund in situations involving a structural addition to or the remodeling of an existing owner-occupied single-family residence where, for reasons beyond the owner’s control, the owner is not able to construct the addition to or start the remodeling of the residence.
O. Determination of House Connection Sewer Stub-Out Location. After a property owner has applied and exhausted all means and methods to locate a building connection sewer by excavation techniques, then upon application to the department and upon payment of a nonrefundable $250.00 stub-out locating fee, the department shall apply closed circuit television techniques to determine the location of all house connection sewer stub-outs that might exist at the main line of the public sanitary sewage conveyance facility that could serve the property identified on the application. Should the application identify multiple adjacent and contiguous properties for which more than one house connection sewer stub-out is sought, the nonrefundable stub-out locating fee shall be increased by $50.00 for each additional property over the first property to be served. Identification of the property to be served shall be by legal description (i.e., lot and block) and by street address for each property. If one or more stub-outs are located that would serve the property, the department shall mark the ground surface location of all stub-outs using marking paint, or some other appropriate means, and shall notify the applicant by first-class mail of the locations that were found. Neither the owners of the involved properties nor their contractors shall access the public sanitary sewage conveyance system for the purpose of determining the locations of house connection sewer stub-outs. [Ord. 2008-10 §§ 1, 2; Ord. 2008-05 §§ 6, 7; Ord. 2007-14 §§ 1, 2; Ord. 2005-15 §§ 1, 2; Ord. 2004-15 §§ 1, 2; Ord. 2003-03 §§ 1, 2; Ord. 2002-05; prior code § 16-2-2.]
13.10.030 Connection credits and rebates.
A. Credits. The town may enter into a credit agreement with an applicant for sewer service for the additional construction costs incurred for the installation of either a public sanitary sewer facility of a size larger than would be required to collect or treat the waste from the area under development, or a facility in addition to the system required to serve the area under development. The department shall determine the base sewerage facility size for the area under development and the additional required sewerage facility size. The credits shall be applied as an offset to connection fees to be paid by the applicant. The credits shall not be in the form of a cash refund or rebate. The credits shall be usable for 10 years from the execution of the agreement by the town council. The council may designate a longer usable life for the credits for good cause. The agreement shall specify either that the credits are granted to the applicant for use on any property owned by the applicant within town, except as otherwise specified or limited in the credit agreement, or that the credits are usable only within the area under development and are assignable to future owners. The credits awarded for such over-sizing shall not exceed the total connection fees to be collected from the area under development as set forth in STC 13.10.020.
B. Rebates. In the event an applicant installs a public sanitary sewer system which provides at least 51 percent residual capacity for property other than the area under development, an agreement for refund of the cost of the residual capacity may be made with the applicant. The refund shall be made until the full sum has been paid, or for a maximum of 10 years from the date of the refund agreement, whichever shall first occur. In the event the full sum due the applicant has not been refunded within the 10-year period, any balance remaining shall be considered canceled and the town shall be fully discharged from any further obligation under the agreement. [Ord. 2002-05; prior code § 16-2-3.]
13.10.040 Sanitary sewer user fees – Fee calculation.
A. A monthly fee shall be levied and collected from all users for the service of sanitary sewage collection, treatment and disposal provided through the wastewater system. User fees shall be calculated according to the following rate formula for all customers:
1. Monthly user fee = EOS x (F x R x HS) + A
a. Where:
EOS = Economy of scale factor
(1) Effective from September 1, 2009, and beyond, the economy of scale factor will be equal to 1.000.
A = Flat service fee for all users
(2) Effective September 1, 2009, to December 31, 2009, the flat service fee for all users will be equal to $8.58.
(3) Effective January 1, 2010, and beyond, the flat service fee for all users will be equal to $9.82.
F = Monthly wastewater flow contribution to the public sanitary sewer equal to one of the following:
(4) One hundred percent of the metered monthly water consumption; or
(5) The user class average flow for contributors whose water consumption is not metered; or
(6) One hundred percent of the wastewater flow measured by:
(a) Direct meter reading, or
(b) The difference in direct wastewater flow meter readings, or
(c) A combination of direct wastewater flow meter readings and metered monthly water consumption, or
(d) Other acceptable methods.
(7) Where wastewater flow contribution is based on metered monthly water consumption or user class average flow, this amount shall not exceed the average amount of the months of December, January, and February, computed in the same manner.
R = The user fee basic rate.
(8) Effective September 1, 2009, to December 31, 2009, the user fee basic rate will be equal to $2.707.
(9) Effective January 1, 2010, and beyond, the user fee basic rate will be equal to $3.094.
HS = High strength factor determined and based on the wastewater strength of a given class relative to residential wastewater strength.
B. The monthly volume of discharge for all users served by a private water company shall be presumed to be 100 percent of the average water use as reflected by the billings for the months of December, January and February.
C. If neither direct metered wastewater flow data nor metered water use data is available for a user, the discharge shall be estimated using the average unit discharge associated with that user’s class.
D. In addition to any user fees established by this chapter, a user who is detected discharging any toxic wastes into the sanitary sewerage system in violation of this chapter shall be subject to the increased cost of the treatment of the prohibited substance. This provision shall not preclude the director from pursuing the additional penalties provided in Chapter 13.25 STC. [Ord. 2009-23 § 1; Ord. 2007-15 § 1.]
13.10.050 Special facilities.
A. Another governmental entity or a private developer may construct as part of the public wastewater system a sanitary sewage treatment or conveyance facility, such as a package sanitary sewage treatment plant or a sanitary sewage pumping facility with associated pressure sewers and other appurtenances, that is not included in the capital improvement program of the department. If the facility requires expenditures for operation, maintenance, repair or replacement that are in addition to the established expenditures of the department associated with the public gravity-flow wastewater system, it shall be treated as a special facility.
B. Prior to the activation of a special facility, the governmental entity or private developer shall enter into a written agreement requiring it to pay a special facility charge to reimburse the department for the increased costs to operate and maintain the special facility, to repair and replace its components, and to collect flow data upon which the special facility charge is calculated. The special facilities agreement shall specify the special facility charge, the reimbursement time period, the method of reimbursement, and a procedure for periodic review of the appropriateness of the reimbursement amounts. The special facility charge may be either a uniform, fixed monthly charge or a charge per 100 cubic feet (Ccf) of sanitary sewage flow delivered to the special facility. The special facility charges shall be in addition to other sanitary sewer fees. [Ord. 2002-05; prior code § 16-2-5.]
13.10.060 Rate schedule.
A. The user fee rate for customers identified with each user class shall be as shown in the rate schedule codified in STC 13.10.200. Each user fee rate was determined in accordance with STC 13.10.040 and is based on the following data:
1. The projected annual expenditures for the wastewater system for fiscal year 2009-2010 are $12,011,360, including operations and maintenance ($1,423,860), debt service ($2,108,050), capital outlay ($7,479,450), and other ($1,000,000); the portion to be financed with collected user fees is $1,722,800.
B. A flat service fee shall be levied upon each sewer account to recover fixed system costs and costs not proportional to flow.
C. The above-referenced rates and charges shall be reflected in sewer user bills beginning with the first billing cycle after the effective date of the ordinance codified in this section. [Ord. 2009-23 § 2; Ord. 2007-15 § 2.]
13.10.070 Use of funds – Operating expenses.
A. Revenues derived from the sanitary sewer user fee shall first be applied to meet all expenses for the annual operation, maintenance, repair and replacement of the wastewater systems, excluding special facilities.
B. Revenues derived from the sale of treatment-related by-products shall be applied to offset the operation, maintenance, repair and replacement expenses used to determine revenue needs. The sanitary sewer user fee shall be proportionately reduced for all user classes to reflect revenues derived from the sale of treatment-related by-products. The total annual revenues received from such revenue sources shall be credited to the wastewater system operating expenses no later than the fiscal year immediately following their receipt. [Ord. 2002-05; prior code § 16-2-7.]
13.10.080 Use of funds – Bond indebtedness.
After funding the operating, maintenance, repair and replacement expenses of the wastewater system, sanitary sewer user fee revenues may be applied to bonded indebtedness in accordance with the provisions of revenue bond covenants. [Ord. 2002-05; prior code § 16-2-8.]
13.10.090 Annual review.
The sewer user fee shall be established by the town council, subject to change at any time at its discretion, following a biennial review by the department using the method described in STC 13.10.040. The annual review shall be made to:
A. Maintain a proportionate distribution of operation, maintenance, repair and replacement costs among users;
B. Generate sufficient revenue to pay the costs of operation, maintenance, repair and replacement of the public wastewater system, except special facilities; and
C. Apply excess revenues collected from a class of users to the cost of operation, maintenance, repair and replacement attributable to that class for the next year and adjust the rates accordingly. [Ord. 2002-05; prior code § 16-2-9.]
13.10.100 Financial management system.
With the assistance of the town finance department, an adequate financial management system shall be maintained to accurately account for operation, maintenance, repair, and replacement revenues and expenditures. The financial management system shall be based on an adequate budget identifying the basis for determining annual operating, maintenance, repair, and replacement costs and costs for personnel, material, energy and administration. [Ord. 2002-05; prior code § 16-2-10.]
13.10.110 Billing.
A. Each user shall be notified annually, at the beginning of the year and in conjunction with a regular bill, of the user fee rate being applied to the user’s class and that portion of the user charges attributable to services provided by the wastewater system, excluding special facilities charges.
B. A user fee billing shall be voided if a dye test performed by the department shows that the property for which the user fee billing was issued is not serviced by the public sanitary sewerage system.
1. Where the department has an inspected sanitary sewer connection permit record for a property, any dye test performed on the property shall be performed at the expense of the requester.
2. Where the department does not have a record of an inspected sanitary sewer connection permit for a property, and:
a. If the dye test is requested within 60 days of the recipient’s initial billing date, the dye test shall be performed at the expense of the department, but
b. If the dye test is requested after said 60-day period, the dye test shall be performed at the expense of the requester.
3. When a dye test is requested to determine if a property is connected to the public sanitary sewage conveyance system for the purpose of offering the property for sale, the dye test shall be performed at the expense of the requestor.
4. When the department determines that the dye test fee shall be paid by the requestor, the dye test fee shall be paid prior to performing the dye test. The dye test fee shall be $50.00 for a single dye test requested on a property at a single address. When more than one dye test is requested by a single requestor for two or more residential units that are located on a single property or that are on properties that are immediately adjacent to each other, and when all of the residential units or properties are tributary to the same reach of public sanitary sewer, the additional cost for each additional dye test shall be $20.00.
C. If a dye test verifies a property is connected to the public sanitary sewer system, it shall thereafter be billed a sewer user fee. In addition, it shall be billed class-average user fees from the date the property was connected or, if a connection date cannot be established, class-average user fees for the previous three years. If the property was connected after June 30, 1979, and town records show no connection fees were paid, sewer connection fees shall be paid pursuant to STC 13.10.020(A). [Ord. 2002-05; prior code § 16-2-11.]
13.10.120 Private wells and private water companies.
A. Governmental, commercial and industrial users with private wells shall provide discharge quantity information to the town on forms approved by the director. To provide such information, the user shall either install a permanent flow meter on its water wells or install a wastewater metering device on each sanitary sewage conveyance system. A residential user with a private well, in lieu of being charged the average user fee for his or her user class, may provide discharge quantity information as provided above. The meter or metering device to be installed shall be equal in quality to the meters or metering devices used for similar purposes by the town wastewater management department or the Pima County wastewater management department.
B. A user whose water is supplied by a private water company shall be subject to the data reporting provisions of this section, unless the private water company provides the town with itemized monthly records of delivered water in a form approved by the director.
C. A commercial or industrial user that fails to provide the required discharge quantity information shall pay, in addition to the average monthly user fee calculated from the last available six months of monthly discharge reports provided by the user, an administrative fee equal to 25 percent of the average monthly user fee.
D. Department inspectors shall have access at all reasonable times to metering devices on private sanitary sewage conveyance systems or on private wells. [Ord. 2002-05; prior code § 16-2-12.]
13.10.130 Sub-billings.
Users, such as landlords, that issue sanitary sewer sub-billings that refer to a town sanitary sewer user fee shall state the town sanitary sewer user fee as a separate item on all billings. In a sub-billing, no user shall refer to a sanitary sewer user fee assessed by town, except in a fashion truly reflecting the actual amount assessed by town. Violations shall be referred to the town attorney. [Ord. 2002-05; prior code § 16-2-13.]
13.10.140 Protest and review.
A. Any user may protest in writing to the director to request a review within 60 days after receipt of a bill reflecting a new user fee or usage class. Such written protests shall include itemized objections to the fee or class used in the bill’s computation. Requests to review special facilities charges shall be made in accordance with the terms of the applicable special facilities agreement.
B. A user whose monthly billing is reviewed pursuant to this section shall have the burden of showing that any or all of the computations were erroneous or misapplied.
C. The director, upon finding that a user’s protest is well founded, shall adjust the established user fee or usage class and make equitable reimbursements for any overpayments. For this purpose, the department shall retain billing records on all sewer accounts for a minimum of five years.
D. A user may request an adjustment based on monthly vacancy information. The user shall provide 30 days’ prior notice of vacation, tenant vacancy or other verifiable cause of nonoccupancy resulting in no discharge to the sewer system. Any person filing a false notice is subject to the penalties of ARS 39-161.
E. A multifamily residential user, such as an apartment complex, whose billing is based on December, January and February water consumption data, or the class average consumption for its usage class, may request an adjustment based on average monthly unit occupancy for the previous fiscal year. The data may be used to derive an average annual percentage of unit occupancy by which the winter water average consumption determination will be adjusted. The user shall provide verifiable occupancy data for every month of the previous fiscal year. The occupancy data shall be filed within 60 days after receipt of a bill reflecting a new user fee or usage class. The data may be used to adjust only the following fiscal year. Any adjustment shall be subject to a reporting schedule, verification procedures or other conditions of service required by the department. Any person filing false data is subject to the penalties of ARS 39-161.
F. The billing of a user may be reduced to reflect verified amounts of water that are not returned to the public sanitary sewerage system, by excluding, for example, water consumed in outdoor irrigation or industrial processes.
1. The determination of the amount of water not returned to the public sanitary sewerage system shall be based on:
a. Separate Metering. A user may have separate meters installed by a water company to measure water returned to the public sanitary sewerage system and water not returned to the public sanitary sewerage system. The meter which measures the water returned to the public sanitary sewerage system shall be read and reported to the department by the water company.
b. Secondary Metering. In special circumstances approved by the director, a multifamily residential, industrial or commercial user may install a secondary meter to measure either water returned or not returned to the public sanitary sewerage system, which shall be read and reported to the department by the user according to a monthly reporting schedule, verification procedures and other conditions of service required by the department. The secondary meter shall be equal in quality to meters used for similar purposes by the Tucson water department.
2. The department may charge a fee for these arrangements which shall not exceed the actual cost of administration and verification.
3. Any person filing false data is subject to the penalties of ARS 39-161.
G. A user on a private well shall provide the department with access to the well and report water use data in a form acceptable to the department. The department may charge a fee for these arrangements which shall not exceed the actual cost of administration and verification. A user on a private well may request adjustments provided in subsections D, E and F of this section.
H. The director may promulgate rules applicable in protest proceedings and may adopt standards to be applied in measuring the validity of established fees and monthly discharge factors. Such rules and standards shall be subject to approval of the town council.
I. Where data on flow volume, chemical oxygen demand or suspended solids are reported to the town by the user and form the basis for that user’s fee, such data shall be subject to town verification. If subsequent measurements or other investigations reveal that such user is discharging a volume of flow, chemical oxygen demand or suspended solids significantly in excess of that reported to the town, the director may assess such user according to the data obtained by the town retroactive to the time of the user’s latest report, together with any applicable delinquent charges, penalties, and interest as provided in STC 13.10.190. Prior to revising a sewer user fee pursuant to this subsection, the town shall obtain at least two 24-hour samples and flow measurements.
J. The discharge volumes for all users shall be estimated annually but may be changed at any time to reflect the actual measured volume. The director, upon a finding that the methods enumerated in STC 13.10.040 do not reasonably reflect the average volume discharge of a user class, may establish a more accurate method and notify the affected users. Such revised methods for user classes shall be subject to the approval of the town council. [Ord. 2002-05; prior code § 16-2-14.]
13.10.150 Deposits.
The director or his agent may require a deposit of not less than two months nor more than 12 months estimated sanitary sewer user fees from any user. [Ord. 2002-05; prior code § 16-2-15.]
13.10.160 Service discontinuance.
Any person wishing to discontinue the use of the wastewater system of the town must give notice to the municipal corporation, the special taxing district, or the private water company supplying water to such person, as the case may be, or the sanitary sewer user fee will be levied until such notice has been given. In the event any such person is supplied water by a private well, notice must be given to the town wastewater management department. The charge for reactivation of wastewater service, the transfer of service from one customer to another, or the procurement of initial service shall be $10.00 in each instance. [Ord. 2002-05; prior code § 16-2-16.]
13.10.170 Payment.
User fees are due and payable at the office of the department’s billing agent not later than 20 days after the “service to” date on the bill. [Ord. 2002-05; prior code § 16-2-17.]
13.10.180 Application of payment to user and water charges.
Sanitary sewer user fees levied in conjunction with water charges made by the department’s billing agent shall be in addition to such water charges. The user fee combined with the water charge shall be the total amount due for any one billing period. If any lesser amount is paid, the amount paid shall be applied on a prorated basis to any water charge levied by the department’s billing agent and to the sanitary sewer user fee, except as may be governed by the specific agreement between the department and its billing agent. [Ord. 2002-05; prior code § 16-2-18.]
13.10.190 Delinquency and penalties.
A. Unpaid user fees are delinquent after 30 days from the “service to” date on the user fee bill. If the unpaid balance and any interest and penalty charges are not paid within 10 working days from the date of the delinquent notice, the director or his agents may take appropriate legal actions to ensure that the delinquency is paid. For delinquent charges that require legal action for collection, an interest charge of 10 percent per year from the date of delinquency shall be added and a penalty charge of 10 percent of the unpaid balance or $10.00, whichever is greater, may be added.
B. Pursuant to ARS 9-511.02, the town may file a lien on property for the nonpayment of sewerage system user fees if the payment of the fees is delinquent for more than 90 days. The unpaid fees, from the date of recording in the office of the county recorder, are a lien on the property until the fees are paid. The lien is subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under this section shall be made on judgment of foreclosure and order of sale. Unpaid sewerage system user fees pursuant to this section accrue interest at the rate of 10 percent per annum. [Ord. 2002-05; prior code § 16-2-19.]
13.10.200 Rate schedule – Table.
Monthly bills are computed and charged to wastewater customers by user class as set forth in the table below, and are based on the average wastewater strengths shown:
|
User Class |
Class Name |
High-Strength Factor |
September 1, 2009 Rate (per ccf) |
January 1, 2010 Rate (per ccf) |
|
1 |
Residential/All other customer classes |
1.00 |
$2.707 |
$3.094 |
|
3C |
Auto body and fender |
2.10 |
$5.685 |
$6.497 |
|
3K |
Mortuary |
1.09 |
$2.951 |
$3.372 |
|
3N |
Laundromat |
1.09 |
$2.951 |
$3.372 |
|
4E |
Pet clinic |
1.20 |
$3.248 |
$3.713 |
|
4G |
Restaurant, with seating and china |
2.03 |
$5.495 |
$6.281 |
|
4H |
Restaurant, fast food |
2.32 |
$6.280 |
$7.178 |
|
5A |
Car wash, self-service |
1.19 |
$3.221 |
$3.682 |
|
5C |
Bottling company |
1.68 |
$4.548 |
$5.198 |
|
5F |
Printing; copying |
1.01 |
$2.734 |
$3.125 |
|
5G |
Electrical component manufacturer |
1.14 |
$3.086 |
$3.527 |
|
5I |
Industrial laundry |
1.06 |
$2.869 |
$3.280 |
|
5J |
Bakery |
3.63 |
$9.826 |
$11.231 |
|
5K |
Miscellaneous food processor |
2.33 |
$6.307 |
$7.209 |
|
5L |
Chemical, pharmaceutical |
1.25 |
$3.384 |
$3.868 |
|
5M |
Meat packing; tallow processing |
2.38 |
$6.443 |
$7.364 |
|
5S |
Car wash, full service |
1.23 |
$3.330 |
$3.806 |
[Ord. 2009-23 § 3; Ord. 2007-15 § 3.]