Chapter 14.05
RATES AND COLLECTIONS

Sections:

14.05.010    Policy.

14.05.020    Imposition of charges.

14.05.030    Rate schedule.

14.05.040    High-strength surcharge.

14.05.050    Additional connection charges.

14.05.060    Monitoring and testing.

14.05.064    Metered wastewater volume and metered diversions.

14.05.135    Sewerage lien – Extension of coverage.

Prior legislation: Ord. 1348.

14.05.010 Policy.

It is declared to be necessary for public health and safety to require all persons using or connecting to the OHSS to pay adequate sums for the use of the facilities provided. It is further the policy of the city of Oak Harbor to set policies for rates for use of OHSS so that customer charges adequately fund the operational, capital and administrative costs of the OHSS. (Ord. 1585 § 1, 2010; Ord. 1323 § 36, 2002; Ord. 1004, 1995).

14.05.020 Imposition of charges.

The classifications of sewer use shall be as set out below. The classes of customers are defined as follows:

(1) Single-Family Residential. All sewer connections that serve a single-family dwelling unit.

(2) Multifamily Residential. All sewer connections to a single meter that serves a structure containing two or more dwelling units or a mobile home trailer park.

(3) Schools. All sewer connections that serve a public or private school facility.

(4) Commercial. All sewer connections that serve a facility engaged in commercial activities, explicitly including long-term health care facilities and nursing homes and which are not included in the previous customer classes of service. (Ord. 1585 § 1, 2010; Ord. 1323 § 37, 2002; Ord. 1291 § 1, 2001; Ord. 1238 § 1, 2000; Ord. 1200 § 1, 1999; Ord. 1191 § 1, 1999; Ord. 1004, 1995).

14.05.030 Rate schedule.

The schedule of rates and charges for sanitary sewage collection and disposal service shall be set by utility rate ordinance and shall be collected as established by utility billing and collections ordinance. The rates for sewer service shall be set by ordinance in accordance with the following principles:

(1) Single-family residential rates shall be based upon an average of winter water usage rates for those customers and shall assume a low wastewater strength for treatment costs. An administrative fee for customer services and processing shall be included as well. Together, these factors shall be computed as a flat monthly rate for wastewater service charges.

(2) Multifamily residential rates shall be set by meter and number of units. The meter/account fee shall be based upon the administrative costs for customer services and processing. The estimated annual volume for each unit in a multifamily account shall be computed as 85 percent of the volume for a single-family residential customer at a low strength level and shall be a flat monthly fee per unit.

(3) Commercial rates shall be set assuming a high wastewater strength for treatment costs. The commercial rate shall incorporate the costs of treatment and collection costs on a per volume basis. The volume rate shall be based upon actual wastewater volume contributed by each customer to apportion the costs attributable to commercial users based on the variations of types of commercial users in the city. An administrative fee for customer services and processing shall be included as well.

(4) School rates shall be set assuming a low wastewater strength for treatment costs. The school rate shall be a commercial rate, incorporating the costs of treatment and collection costs on a per volume basis. The volume rate shall be based upon actual wastewater volume from the school. An administrative fee for customer services and processing shall be included as well.

The rates for customers outside the city limits of Oak Harbor shall be one and one-half times the rate for the same class of customer within the city limits. (Ord. 1899 § 2, 2020; Ord. 1585 § 1, 2010; Ord. 1493 § 1, 2007; Ord. 1451 § 1, 2006; Ord. 1420 § 1, 2005; Ord. 1323 § 38, 2002; Ord. 1291 § 2, 2001; Ord. 1238 § 1, 2000; Ord. 1200 § 2, 1999; Ord. 1191 § 2, 1999; Ord. 1087 § 1, 1997; Ord. 1004, 1995).

14.05.040 High-strength surcharge.

(1) The high-strength surcharge provision shall apply to any customer discharging wastewater or wastes with BODs or TSS or both greater than 250 mg/l.

(2) The surcharge shall be based on monitoring of the wastewater entering the public sewer through the side sewer.

(3) High-strength surcharge rates for untested food preparation businesses described in OHMC 14.09.010 shall be:

(a) The rate (normal rate and surcharge together) for a discharger which (i) has an approved FOG reduction program, (ii) has an appropriately sized grease trap or FOG interceptor, and (iii) does not have a garbage grinder installed shall be the normal rate for a customer of class to which the discharger belongs; it is further provided that businesses with garbage grinders as of July 1, 1995, may obtain the normal rate without removal of the garbage grinder if they follow a program of screening all sinks where food wastes may be discharged so that most food waste will be separated from the sewage stream prior to entry of the garbage grinder. The business shall establish practices of assuring these screens are kept in place and food collected on them will be dumped into solid waste receptacles.

(b) The rate (normal rate and surcharge together) for a discharger which (i) has an approved FOG reduction program, (ii) has an appropriately sized grease trap or interceptor, but (iii) does have a garbage grinder installed shall be a rate one and one-half times the normal rate of a customer of the class to which the discharger belongs.

(c) The rate (normal rate and surcharge together) for a discharger which (i) has an approved FOG reduction program, (ii) does not have an appropriately sized grease interceptor or grease trap, and (iii) does not have a garbage grinder shall be two times the normal rate for a customer of the class to which the discharger belongs.

(d) The rate (normal rate and surcharge together) for a discharger which (i) has an approved FOG reduction program, but (ii) does not have an appropriately sized grease trap or FOG interceptor, if required by this title, and (iii) does have installed a garbage grinder shall be two and one-half times that of the normal rate for a customer of the class to which the discharger belongs.

(e) The rate (normal rate and surcharge together) for a discharger without an approved FOG reduction program shall be three times that for a customer of the class to which the discharger belongs.

(4) It shall be the responsibility of each customer whose wastewater strength exceeds 250 mg/liter to notify the supervisor of the fact of that excess strength. Those users who discharge higher strength wastes without approval from the supervisor are subject to the penalties outlined in OHMC 14.03.330.

(5) The following surcharges shall be assessed for approved high-strength discharges into the public sewer:

(a) Two percent increase in user charge for each 25 mg/l of BODs greater than 250 mg/l;

(b) One percent increase in user charge for each 25 mg/l of TSS greater than 250 mg/l;

(c) One percent increase in user charge for each one mg/l of total suspended FOG in excess of 100 mg/l.

(6) Once the city establishes the high-strength surcharge for a particular user, that surcharge shall become effective 10 days after notice to the customer, unless an appeal is filed. To effect an appeal, the customer must file a written appeal with the city administrator within 30 days after notification of said surcharge amount. The appeal may be based on an improper calculation of the surcharge rate or inapplicability of the surcharge to the user. Such appeal shall set forth the name, current address and telephone number of the appellant. It shall also specify the nature of the error alleged and the appellant’s ground for modification or elimination of the surcharge. Failure to file a written appeal shall constitute a waiver of the right to appeal.

Based on the information provided by the appellant, the city administrator shall schedule a meeting with the appellant. This meeting shall be scheduled within five business days of the filing of the appeal unless a later date is agreed by both parties. Failure to attend the scheduled meeting shall constitute waiver of the meeting. Based upon the information submitted by the appellant, the meeting (if held) and investigation by the city administrator, the city administrator shall issue a written decision whether such surcharge modification should be approved within 10 days of the scheduled meeting on the written appeal. If the city administrator denies the appeal, the appellant may appeal to the city council.

Appeal to the city council must be filed in writing within 15 days of the issuance of the city administrator’s decision. The procedures of Chapter 1.24 OHMC shall apply to this appeal. The decision of the city council shall be final. (Ord. 1585 § 1, 2010; Ord. 1323 § 40, 2002; Ord. 1004, 1995).

14.05.050 Additional connection charges.

In addition to the rates and charges set by utility rate ordinance, and where the city makes the connection from a building or side sewer to its sewage system, the city shall charge the owner, contract vendee or authorized agent of the owner of the particular premises to which such connection has been made according to the provisions of Chapter 14.03 OHMC. (Ord. 1585 § 1, 2010; Ord. 1323 § 41, 2002; Ord. 1004, 1995).

14.05.060 Monitoring and testing.

Commercial users of the OHSS shall pay the costs of all city’s testing of sewage effluent from the side sewer if it is determined that the effluent is not in compliance with any discharge standards of Chapter 14.07 OHMC. (Ord. 1585 § 1, 2010; Ord. 1323 § 42, 2002; Ord. 1004, 1995).

14.05.064 Metered wastewater volume and metered diversions.

(1) Adjustments in Sewerage Rates Due to Irrigation – Administrative Decision. For commercial, multifamily residential and industrial customers whose charges are based on water consumption and from whose premises, in the opinion of the public works superintendent in charge of the water utility, a significant portion of the water received from any metered source does not flow into the sanitary sewer by reason of its use for irrigation or other diversion, the charges and fees will be applied only against the volume of water discharged from such premises into the sanitary sewer. Written notification and proof of the diversion of water must be provided by the user, and approved by the public works superintendent in charge of the water utility, if the user is to avoid the application of the charges and fees against the total amount of water used from all sources.

(2) Submetering. To establish proof of the diversion, the user shall install a submeter of a type and at a location approved by the public works superintendent and at the user’s expense. Such meter shall be located after the main meter and no water passing through the submeter shall be drained into the sewer system. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the city. Within 30 days of notification by the public works superintendent of meter repair and/or testing, if testing is required, the user shall provide written confirmation that such repair or testing, or both, have been accomplished. Failure to provide such confirmation may result in sanitary sewer charges being based upon the metered water source. It shall be the responsibility of the user to determine the need for submetering to effect a reduction of sewer charges for their operation. (Ord. 1585 § 1, 2010; Ord. 1529 § 2, 2008; Ord. 1323 § 43, 2002; Ord. 1186 § 4, 1999; Ord. 1166 § 11, 1999; Ord. 1011 § 1, 1995).

14.05.135 Sewerage lien – Extension of coverage.

In accordance with RCW 35.67.215 and in lieu of the provisions of RCW 35.67.210, a city sewerage lien shall be effective for a total of not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. (Ord. 1585 § 1, 2010; Ord. 1323 § 48, 2002; Ord. 1094 § 1, 1997).