Chapter 6.05
ENVIRONMENTAL QUALITY1
Sections:
6.05.010 Purposes.
6.05.020 Definitions.
6.05.030 Basis of charge.
6.05.040 Rates.
6.05.050 Power to inspect premises.
6.05.060 Enforcement.
6.05.070 Vacancy.
6.05.080 Refunds.
6.05.090 Adjustments.
6.05.100 Effective date of charges.
6.05.110 Due date of charges.
6.05.120 Delinquency date.
6.05.130 Where payable.
6.05.140 Billing.
6.05.150 Persons responsible.
6.05.160 Penalties for nonpayment – Lien.
6.05.170 Collection of charges on tax roll.
6.05.180 Government or public premises.
6.05.010 Purposes.
The board hereby finds and determines that the protection of the environment is of the highest priority and that it is necessary and desirable to aid in the protection of that environment by building improved sewerage facilities for the collection, treatment and disposal of sewage in the West County Wastewater District service area. Specifically, additional collection, treatment and discharge facilities should be provided to improve the quality of wastewater now discharged into the bay.
It is further found, and determined to be in the public interest, that the said wastewater be so improved through treatment as to make it available for industrial use and other appropriate purposes, thereby releasing fresh water supplies for other beneficial uses.
To accomplish these basic aims, the board hereby finds and determines that it is necessary to establish an environmental quality charge in the manner hereinafter set forth. [Ord. 7-6-76 § 1]
6.05.020 Definitions.
Definitions as used herein:
“Administrator” means the general manager of the district, or any agent or employee of the district designated by the sanitary board to administer and enforce the provisions of this chapter.
“Board” means the sanitary board of directors of the West County Wastewater District of the county of Contra Costa, state of California.
“District” means the West County Wastewater District of the county of Contra Costa, state of California.
“Premises” means the property receiving the benefits from the district sewer system and includes the words “parcel,” “lot,” or “land,” singly or in combination, as appears on maps or the assessment roll on file in the office of the county assessor of Contra Costa County.
Words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular; the word “person” includes natural persons, partnership, joint venture, association or corporation. [Ord. 7-6-76 § 2]
6.05.030 Basis of charge.
The basis of the environmental quality charge is a fair and equitable distribution of sewer system costs to the benefited users of the sewer system as prescribed by the state of California and the United States Environmental Protection Agency. The basic unit charge established herein by the district is that necessary to recover the sum of total sewer system and plant operation, maintenance, and replacement costs, general administration and partial capital cost of providing services. Other capital cost for plant and sewer system, with the exception of Environmental Protection Agency-mandated industrial cost recovery amounts, shall be financed primarily from revenues derived from ad valorem taxes, annexation charges, and connection charges. The environmental quality charges shall be based on the estimated use of the sewer system for the previous fiscal year, except for new connections, which shall be prorated. Industrial cost recovery requirements will be solely recovered from industrial user service charges. [Ord. 7-6-76 § 3]
6.05.040 Rates.
The rates for the environmental quality charge shall be established by resolution of the board and reviewed annually. The rates shall be computed in accordance with the revenue program of the district and approved by the State of California Regional Water Resources Control Board. Billing categories and basis of rates shall be as set forth below:
|
User Category |
Basis of Rate |
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Residential |
|
|
Single-family units, including townhouses |
Basic unit charge – flat rate (based on estimated water usage and sewage strength) |
|
Multifamily units, including condos |
Basic unit charge – flat rate (based on estimated water usage and sewage strength) |
|
Mobile homes |
Water usage and sewage strength or flat rate in lieu |
|
Commercial |
Water usage and sewage strength |
|
Industrial |
Water usage and sewage strength |
|
Institutional |
Water usage and sewage strength |
|
Churches |
|
|
Schools |
|
|
Governmental property |
|
|
Fraternal and service organizations |
|
|
Utilities |
|
The schedule of rates shall be amended from time to time by resolution of the board. [Ord. 7-6-76 § 4]
6.05.050 Power to inspect premises.
In order to effect the powers of this section and pursuant to Section 6523.2 of the Health and Safety Code of the state of California, the district's administrator and his authorized representatives are hereby given the power and authority to enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities, including, but not limited to, ascertaining the nature of such premises, the type of activities carried on therein, the number of plumbing fixtures situated therein, and any other facts or information reasonably necessary to ascertain the applicability of any charges hereunder to such premises, or the amount of such charges. [Ord. 7-6-76 § 5]
6.05.060 Enforcement.
In the event of the failure of any owner to pay when due any charges hereunder, applicable to premises owned by him, the district may enforce payments of such delinquent charges in any of the following manners:
A. The district may have such premises disconnected from the sanitary sewer system. In the event such disconnection should create a public hazard or nuisance, the administrator or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the district for all expenses incurred by district in disconnecting any such premises, or in doing other things authorized by this section; and no reconnection shall be made until all such charges are paid.
B. The administrator may institute action in any court of competent jurisdiction to collect any charges, which may be due and payable in the same manner as any other debts owing to the district may be collected.
C. Any and all delinquent payments may be placed on the tax roll, and collected with property taxes, as hereinafter provided.
D. Such other action may be taken as may be authorized by law and by the board. [Ord. 7-6-76 § 6]
6.05.070 Vacancy.
No credit, adjustment or refund will be made to any owner because the premises or any part thereof are vacant, or become vacant, except as provided in WCWDC 6.05.080. [Ord. 7-6-76 § 7]
6.05.080 Refunds.
When any refund becomes due and owing by virtue of action of the board or by virtue of any error made in ascertaining the charge applicable to any owner, the administrator is authorized to make payable such moneys from the specific fund established for the deposit of environmental quality charges. [Ord. 7-6-76 § 8]
6.05.090 Adjustments.
It is the intent of the provisions of this chapter, in establishing different environmental quality charges for different categories of properties to reflect the benefit from such service to each property. If, in respect to any owner, the board should find that the charge is inequitable, or unfair because of unusual circumstances, it may establish a special service charge for such owner, differing from those otherwise established which will bear a closer relationship to the benefit received from the district system. Such special charge may be revoked at any time by the board whenever it finds that continuation thereof would be inequitable or unfair under the circumstances then prevailing.
The owner of any premises who by reason of special circumstances finds that the applicable rates are unjust or inequitable as applied to his premises, may make written application to the administrator, stating the circumstances and requesting a different basis of charges for such premises. If such application be approved by the administrator, the board may fix and establish fair and equitable rates for such premises to be effective as of the date of such application and continuing during the period of such special circumstances. An adverse decision of the administrator may be appealed to the board. [Ord. 7-6-76 § 9]
6.05.100 Effective date of charges.
The above mentioned environmental quality charges shall become effective on July 1, 1976, as to all premises in the district or served by the district. [Ord. 7-6-76 § 10]
6.05.110 Due date of charges.
All environmental quality charges shall become due and payable as of the date of mailing of the billing as provided in WCWDC 6.05.140. [Ord. 7-6-76 § 11]
6.05.120 Delinquency date.
Except as otherwise provided elsewhere in this chapter, each environmental quality charge shall be delinquent if not paid on or before the sixtieth day immediately following the date upon which such charge became due and payable. [Ord. 7-6-76 § 12]
6.05.130 Where payable.
Except as otherwise provided elsewhere in this chapter, all environmental quality charges shall be payable at the office of the West County Wastewater District, or as otherwise noted on the billing. [Ord. 7-6-76 § 13]
6.05.140 Billing.
Except as provided elsewhere in this chapter, the administrator shall ascertain the amount of each environmental quality charge applicable to each parcel in the district, and shall mail to the owner of each parcel in the district, within 60 days from and after July 1st of each year, a bill for the environmental quality charges then due and payable. Such bills shall be mailed to the person or persons listed as the owners on the last equalized assessment roll of the county of Contra Costa at the address shown on such assessment roll, or to the successor in interest of such owner, if the name and address of such successor in interest is known to the administrator. Each bill so mailed shall contain a statement that a delinquency in payment for 60 days shall constitute a lien against the lot or parcel against which the charge is imposed and that when recorded shall have the force, effect and priority of a judgment lien for three years unless sooner released or otherwise discharged. Failure of the administrator to mail any such bill or failure of any owner to receive any such bill shall not excuse the owner of any parcel from the obligation of paying any environmental quality charge for any parcel owned by him. [Ord. 7-6-76 § 14]
6.05.150 Persons responsible.
The owner of any parcel is and shall be responsible for payment of any and all environmental quality charges applicable to parcels owned by him. It shall be and is hereby made the duty of each such owner to ascertain from the administrator the amount and due date of any such charge applicable to parcels owned by him and to pay such charge when due and payable. [Ord. 7-6-76 § 15]
6.05.160 Penalties for nonpayment – Lien.
Except as otherwise provided in this chapter for collection of environmental quality charges through general tax law, whenever a delinquency shall occur for nonpayment of the charge for 60 days, a basic penalty of 10 percent shall attach to the charge, and an additional penalty of one half of one percent of the charge and basic penalty shall attach for each month of delinquency thereafter. After such delinquency, such unpaid charge and penalties, when recorded, shall constitute a lien upon the lot or parcel of land against which the charge was levied. [Ord. 7-6-76 § 16]
6.05.170 Collection of charges on tax roll.
Pursuant to the provisions of Division 5, Part 3, Chapter 6, Article 4, of the Health and Safety Code of the state of California, and subject to the exceptions hereinafter set forth, the district hereby elects, as an alternative procedure for the collection of sewer charges prescribed or imposed by the provisions of this chapter to have all such environmental quality charges for each fiscal year from and after July 1, 1976, collected on the tax roll in the same manner, by the same persons, and at the same time as, and together with and not separately from, its general taxes.
The administrator is hereby directed to annually prepare and file with the district secretary before the fifteenth day of July, a written report containing a description of each and every parcel of real property receiving the environmental quality services hereinabove mentioned and the amount of the environmental quality charge for each parcel for the forthcoming fiscal year, in conformity with the charges prescribed herein; providing and excepting, that the environmental quality charges for any and all governmental or public parcels or for any parcels which are not subject to taxation on the tax roll not included in said report, may be collected in accordance with other provisions of this chapter. The parcels of real property included in said report may be described by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code of the state of California and on file in the office of the county assessor of Contra Costa County, California, or be reference to plats or maps on file in the office of the district.
The district secretary shall cause notice of the filing of said report and of a time and place of hearing thereon to be published prior to the date set for hearing, in a newspaper of general circulation printed and published within the district if there is one, and if not then in such paper printed and published in the county within which the greater part of the district is located. Publication of said notice shall be once a week for two successive weeks.
Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.
The district secretary shall also cause a notice in writing of the filing of said report hereunder proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to the district secretary, in accordance with said Division 5, Part 3, Chapter 6, Article 4, of the Health and Safety Code.
If the board adopts said report for the forthcoming year, July 1, 1976, to June 30, 1977, inclusive, then the requirements for notice in writing to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years, but noticed by publication as hereinabove provided shall be adequate.
At the time stated in the above mentioned notice, the board shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time. If the district board finds that protest is made by owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcels of land, except as provided in WCWDC 6.05.140.
Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections, and shall make its determination upon each charge as described in said report, which determination shall be final.
On or before the tenth of August of each year following such final determination, the district secretary shall file with the auditor of the county of Contra Costa a copy of said report with a statement endorsed thereon over his signature that it has been finally adopted by the board, and the auditor of the county of Contra Costa shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.
The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of the date prescribed by law as the lien date for general property taxes.
The tax collector of the county of Contra Costa shall include the amount of charges on bills for taxes levied against the respective lots and parcels of land.
Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the district, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.
All laws applicable to the levy, collection and enforcement of general taxes of the district, including, but not limited to, those pertaining to matters of delinquency, correction, cancellation, refund and redemption, are applicable to such charges.
The tax collector may in his discretion issue separate bills for such charges and separate receipts for collection on account of such charges the county of Contra Costa shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the board of supervisors of Contra Costa County and the board of directors of the West County Wastewater District.
If any parcels within the district are omitted from the above mentioned report or said tax roll, either because the charge therefor shall not have yet been ascertained by the administrator as of the date of said report, or for any other reason, the environmental quality charge for each parcel shall be collected in the manner provided elsewhere in this . If the charge for any parcel, as shown on said report for the forthcoming fiscal year, should be less than the proper charge under the provisions of this chapter, the balance of said charge shall be collected in the manner provided elsewhere in this chapter. [Ord. 7-6-76 § 17]
6.05.180 Government or public premises.
The provisions of this chapter shall apply to governmental or public premises as well as to premises which are not governmental or public premises. As used herein the terms “governmental or public premises” means and includes premises which are owned, controlled or used by (1) the United States Government or any department or agency thereof, (2) the state of California or any department or agency thereof, (3) any city, county, town or city and county or any of their departments or agencies, (4) any school district, (5) any other governmental or public entity. [Ord. 7-6-76 § 18]
1 Prior legislation: Ord. 8-17-51B.