Chapter 13.06
SEWER CHARGES
Sections:
13.06.030 Review and revision of rates.
13.06.040 Responsibility, payment delinquencies and penalties.
13.06.070 Sewer utility system investment fee.
13.06.010 Definitions.
A. “Clerk/treasurer” shall mean the person occupying the position of clerk/treasurer on the town staff.
B. “Commercial/apartment complex user” shall mean any premises used for commercial or business purposes served by a single water billing meter.
C. “Debt service” shall mean all capital required to retire bonds issued for the purpose of construction of public treatment works.
D. “Fixed charge” shall be that portion of the user charge that represents the user’s share of billing costs, debt service and other costs of the treatment works unrelated to the quantity of wastewater to be treated. The fixed user charge shall be determined by dividing the treatment works’ billing costs, debt service costs and other costs unrelated to the volume of wastewater by the number of users of the public treatment works.
E. “Open class user” shall mean any and all users that, due to the nature or volume of their wastewater, cannot be classified in any other class.
F. “Operation and maintenance” shall mean all activities, goods, and services which are necessary to maintain the proper capacity and performance of the treatment works for which such works were designed and constructed. The term “operation and maintenance” shall include replacement as defined hereinafter.
G. “Public treatment works” shall mean all public facilities for collecting, pumping, treating, and disposing of sewage. “Treatment system” and “sewerage system” shall be equivalent terms for “public treatment works.”
H. “Replacement” shall mean acquisition and installation of equipment, accessories, or appurtenances which are necessary during the service life of the public treatment works to maintain the capacity and performance for which such works were designed and constructed.
I. “Residential user” shall mean any premises used as a single-family dwelling unit served by a single water billing meter.
J. “Service area” shall mean all the area served by the public treatment works and for which there is one uniform user charge system.
K. “Shall” is mandatory, “may” is permissible.
L. “The town” shall mean the municipal corporation of the town of Waterville. “The town of Waterville,” and “Waterville” shall be equivalent terms for “the town.”
M. “User” shall mean every person using any part of the public treatment works of the town of Waterville.
N. “User charge” shall mean the periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user’s proportionate share of the cost of operation and maintenance and debt service.
O. “Utilities superintendent” shall mean the person occupying the position of director of the town of Waterville utilities department.
P. “Volumetric charge” shall be that portion of the user charge related to the quantity of wastewater to be treated. The volumetric charge shall be determined by dividing the cost to treat the total amount of wastewater by the volume of wastewater by each user or user class.
Q. “Wastewater” shall mean a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. (Ord. 511 Art. 1, 1992).
13.06.020 Sewer user charges.
A. User charges shall be levied on all users of the public treatment works which shall cover the cost of operation and maintenance, debt service, taxes, planning, and other administrative costs of such treatment works. The user charge system shall distribute these costs in proportion to each user’s contribution to the wastewater loading of the public treatment works.
B. The base rate for all customers shall be established in proportion to the cost for billing, debt service, and other costs unrelated to the volume of wastewater discharge to the public treatment works. The base rate shall be the same for each customer class and shall be $68.00 per month, per customer, served by a single water meter and shall remain in effect until modified by ordinance of the town council.
C. The sewer service rate for multifamily residential shall be the monthly base rate multiplied by the number of dwelling units.
D. The sewer service rate for commercial or government buildings with five or more toilets shall be the base rate multiplied by the residential equivalency of the number of users of the building, but in no event less than the base rate for one connection.
E. The sewer service rate for mobile homes or manufactured homes shall be the base rate multiplied by the number of occupied spaces, but in no event less than the base rate for one connection.
F. The sewer service for RV parks, including, but not limited to, the NCW Fairgrounds, shall be the base rate of $68.00 per month, plus $2.00 per night, billed monthly, per RV (trailers, motor homes, vans, etc.) parked at the RV park.
G. The sewer user charge of all occupied properties shall begin 30 days after the sewer service becomes available or the day that connection is made to the public treatment works, whichever occurs first. The sewer user charge for all unoccupied properties shall begin within 30 days after the property is connected to the public treatment works. All unoccupied property which is ready for occupancy at the time the sewer service becomes available shall be treated as occupied property. Once the sewer user charge has commenced, no credit shall be given for vacancy. If the date upon which the water service commences does not fall on the first day of a billing period, the rate shall be appropriately prorated. (Ord. 851 § 1, 2023; Ord. 830 § 1, 2021; Ord. 819 § 1, 2020; Ord. 801 § 1, 2019; Ord. 784 § 1, 2017; Ord. 773 § 1, 2016; Ord. 761 § 1, 2015; Ord. 752 § 1, 2014; Ord. 738 § 1, 2013; Ord. 732 § 1, 2012; Ord. 724 § 1, 2011; Ord. 687 § 1, 2007; Ord. 600 § 5, 2000; Ord. 590, 1999; Ord. 580, 1998; Ord. 511 Art. 2, 1992).
13.06.030 Review and revision of rates.
In addition to such other changes as may be approved by the town council, commencing effective October 1, 2008, and on October 1st of each successive year thereafter, the fixed charge for sewer service established in WMC 13.06.020(C) shall be automatically increased by a factor equal to the annual increase in the Consumer Price Index, Pacific Cities and U.S. City Average, All Items Indexes, for the previous one-year period from July to July, all Urban Consumers, West B/C, as published by the Bureau of Labor Statistics. In no event shall the rates be increased by an amount greater than five percent without prior approval by the town council. The town council shall review the automatic increase by September 30th each year and may waive the automatic increase at its discretion. The rates shall not, in any case, decrease except by prior approval by the town council. (Ord. 687 § 2, 2007; Ord. 511 Art. 3, 1992).
13.06.040 Responsibility, payment delinquencies and penalties.
A. The person who owns the premises served by the sewerage system shall be responsible for payment of the sewer user charge for that property notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay said charges.
B. The users of the sewerage system shall be billed on a monthly basis for services in advance in accordance with the rate schedule as set forth in Article II of this chapter.
C. The date of billing shall be the first day of the month for which the sewer user charge is calculated as provided in Article II of this chapter.
D. Sewer user charges shall be due and payable to the clerk/treasurer no later than the twentieth day of the month, or the first business day thereafter if the twentieth day falls on a weekend or a legal holiday.
E. Sewer user charges levied in accordance with this chapter shall be a debt due to the town and a lien upon the property as provided by state law. If this debt is not paid by the twentieth day of the month, or the first business day thereafter, then a late fee of $5.00 shall be assessed to the account and the service may be disconnected if the bill remains unpaid after 30 days from the date of billing. The late fee shall not apply if the balance owing on the customer’s entire account is $10.00 or less.
If the sewer customer is a renter, then written notice will also be mailed to the property owner.
F. In the event of failure to pay sewer charges after they have become delinquent, the town shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes. The expense of such discontinuance, removal, or closing, as well as the expense of restoring service shall be a debt due to the town and lien upon the property and may be recovered by civil action in the name of the town against the property owner, the person, or both.
G. Sewer service shall not be restored until all charges, including the expense of removal, closing, and restoration shall have been paid.
H. Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (Ord. 600 § 7, 2000; Ord. 592, 1999; Ord. 511 Art. 4, 1992).
13.06.050 Handling of funds.
A. Bills for sewer user charges shall be mailed to the address specified in the application for permit to make the connection unless or until a different owner or user of the property is reported to the clerk/treasurer.
B. All collections of sewer user charges shall be made by the clerk/treasurer by and through the department of utilities. Sewer user charges shall be computed as provided in Article II of this chapter and shall be payable as provided in Article IV of this chapter.
C. The clerk/treasurer is hereby directed to deposit in the Sewer Fund all of the gross revenues received from charges, rates, and penalties collected for the use of the sewerage system as herein provided.
D. The revenues thus deposited in the Sewer Fund shall be used exclusively for the operation, maintenance, and repair of the sewerage system; reasonable administration costs; expenses of collection of charges imposed by this chapter and connection fees provided for in chapter and payments of the principle and interest on any debts of the sewerage system of the town. (Ord. 511 Art. 5, 1992).
13.06.060 Appeals.
A. Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the town council requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
B. Review of the request shall be made by the town council with the assistance of the Utilities Superintendent. The town council shall determine if the request for change is valid.
C. If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the charges shall be recomputed. (Ord. 511 Art. 6, 1992).
13.06.070 Sewer utility system investment fee.
In addition to other charges for sewer utility services, each property owner seeking to connect to the existing sewer utility system of the town shall pay a system investment fee of $2,750 per new connection. The system investment fee collected by the town shall be considered revenue of such system. (Ord. 677 § 1, 2007).