Chapter 13.16
RESOURCE MANAGEMENT SYSTEM
Sections:
13.16.050 Temporary connections.
13.16.060 Monitoring of water and sewer service.
13.16.080 Charge paid pending appeal – Refund.
13.16.090 Violation – Penalty.
13.16.030 Definitions.
For the purpose of this chapter, the following words and phrases shall be construed as defined in this section:
A. “Actual wastewater treatment demand (AD)” is the total amount of influent actually treated by the reclamation plant plus the wastewater to be generated from secured water allocations under the resource management system expressed in millions of gallons per day.
B. “Available water (AW)” is the amount of water expressed in millions of gallons per day that is available for possible use under the resource management system and is the difference between the total water supply (TW) and the existing water demand (WD).
C. “Available wastewater treatment capacity (AC)” is the wastewater reclamation plant available treatment capacity expressed in millions of gallons per day and is the difference between permitted wastewater treatment capacity (PC) and the actual wastewater treatment demand (AD).
D. “Existing water demand (WD)” is the water demand from all existing users, emergency reserves (as defined by the State and Department of Water Resources), system losses (i.e., water treated less water sold), and secured water under the resource management system expressed in millions of gallons per day.
E. “Permitted wastewater treatment capacity (PC)” is the City’s wastewater reclamation plant permitted capacity as established by the Regional Water Quality Control Board expressed in millions of gallons per day.
F. “Total water supply (TW)” is the continuous and reliable water supply available from the combined City water system expressed in millions of gallons per day.
G. “Water delivery allowance” shall mean the amount of available water which can be properly treated by the wastewater reclamation plant and is ready to be applied to the resource management system. It is determined by taking the lesser figure between the available wastewater treatment capacity (AC) and the available water (AW). (Ord. 618 § 2, 2005).
13.16.040 General provisions.
A. The resources management system (RMS) shall operate on a calendar-year basis, with the exception of baselines set forth in CMC 13.16.060, which shall be monitored on a fiscal-year basis. It shall be the responsibility of the Director of Planning and Building to allocate water in accordance with the provisions of Chapter 19.02 CMC, Growth Management System.
B. No connections to, and/or expansion of use of, the City water and/or sewer service will be permitted without an approved allocation as provided in Chapter 19.02 CMC, Growth Management System.
C. No property located outside of Calistoga’s City limits shall be allowed to connect to the City’s water or wastewater treatment systems or expand in a manner that would increase consumption of municipal water or wastewater treatment capacity. Users located outside the City limits, but connected to the City’s water and/or sewer system, are subject to the provisions of this chapter and Chapter 19.02 CMC, Growth Management System.
D. Each year the water delivery allowance shall be made available as a water offer under the allocation procedures set forth in Chapter 19.02 CMC, Growth Management System. However, this amount is not to exceed 20 acre-feet in any one year except as provided in CMC 19.02.060(F).
E. Each year, generally 60 percent of the AW as provided herein shall be made available for residential projects. The remainder of the AW shall be made available for nonresidential projects.
F. The Director of Public Works shall prepare for the Director of Planning and Building, on an annual basis, a written report on the availability of water and wastewater treatment capacity as required by CMC 19.02.060(B). (Ord. 618 § 2, 2005).
13.16.050 Temporary connections.
A. A temporary sewer connection, including a temporary expansion of use of an existing connection, may be permitted if the Director of Public Works makes each of the following findings:
1. The temporary connection is not intended to be permanent;
2. The temporary connection is necessary in order to preserve the public health, safety and welfare by preventing surface or subsurface contamination or by remediating surface or subsurface contamination;
3. The temporary connection would not cause the City to exceed its daily permitted wastewater flow; and
4. The permittee could feasibly discontinue use of the temporary connection upon 24-hour written notice from the Director of Public Works or his or her designee.
B. If the findings set forth in subsection (A) of this section are made by the Director of Public Works, the temporary sewer connection, including the expansion of use of an existing connection, may be permitted upon the following conditions:
1. The temporary sewer connection is permitted for a period of one year or less;
2. The permittee shall discontinue use of the temporary connection upon 24-hour written notice from the Director of Public Works or his or her designee;
3. The permittee shall be subject to a sewer development fee in a prorated amount to be determined by the City Council by resolution;
4. The permittee shall be subject to charges for actual volume of flow discharged based on the currently adopted wastewater fee structure;
5. The permittee shall be subject to additional conditions as determined by the Director of Public Works to be reasonably necessary to ensure acceptable quantity and quality of the discharge.
C. Said temporary connection permit may be renewed for a period of one year with City Council approval. (Ord. 618 § 2, 2005).
13.16.060 Monitoring of water and sewer service.
A. The Director of Public Works shall establish a water and wastewater baseline on an annual basis for all nonresidential users which are connected to the City sewer and/or water system regardless of whether the connections were made under the resource management system or not. Quantities established for the baseline shall be based on past use and anticipated demand of these systems as determined by the Director of Public Works. Any request for an increase in baseline must be processed through the growth management system procedures provided in Chapter 19.02 CMC.
B. When individual nonresidential system use reaches 75 percent of the established baseline, a written notice shall be sent by the Director of Public Works.
C. When the baseline allocation for the calendar year is met or exceeded before the year is completed, a written notice to cease and desist within 10 days shall be issued.
D. Any water use or wastewater discharge exceeding the established baseline shall be subject to a surcharge fee for the use beyond the established baseline.
1. The amount of the surcharge shall be based on surcharge rates set forth by the Council by resolution.
2. Additional use of water and wastewater treatment services beyond the 10-day period outlined in the cease-and-desist order shall be considered a violation of this code.
3. A person or individual receiving a notice to cease and desist may apply for an increase of water and/or wastewater treatment use allocation under Chapter 19.02 CMC, Growth Management System, only under the following circumstances:
a. There has been compliance with the cease and desist order;
b. Any surcharge fees are paid; and
c. The allocation procedures and fee payment requirements are followed and met.
E. The provisions of this section shall in no way limit the City’s rights under CMC 13.04.390 through 13.04.420, or Chapter 13.08 CMC, and is deemed solely to establish a baseline for use by commercial and industrial users. (Ord. 618 § 2, 2005).
13.16.070 Appeal procedures.
A. An appeal of any determination of either the Director of Planning and Building or Director of Public Works administering the provisions of this chapter shall be made within 10 days after such determination is made by filing a written notice of appeal with the City Clerk. This appeal is limited to the date, calculations and related interpretations which were used in administering the provisions of this chapter. The notice shall set forth the determination for which the appellant is dissatisfied. This appeal shall be heard by the City Council. If the appeal is granted and results in the change of any determination, the revised determination will be subject to the growth management system process set forth in Chapter 19.02 CMC.
B. An appeal must be accompanied by the amount of any charge imposed pursuant to this chapter. (Ord. 618 § 2, 2005).
13.16.080 Charge paid pending appeal – Refund.
A. Any charges imposed pursuant to this chapter must be paid prior to the submission of an appeal pursuant to CMC 13.16.070.
B. Following a hearing on any appeal, the Council shall order refunded to the person making such appeal such amount, if any, as the Council determines is due the appellant. (Ord. 618 § 2, 2005).
13.16.090 Violation – Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 618 § 2, 2005).
13.16.100 Miscellaneous.
References in other parts of this code to the “resource management system” shall refer to the provisions of this chapter. (Ord. 618 § 2, 2005).