Chapter 7.60
WASTEWATER COLLECTION AND TREATMENT RATES AND CHARGES*
Sections:
7.60.010 City to fix and collect wastewater rates and charges.
7.60.020 Retail wastewater service charge and strong waste surcharge.
7.60.025 Charges to industrial wastewater customers.
7.60.030 Wastewater charge added to and payable with water bill.
7.60.035 Septage and exceptional wastewater disposal charges.
7.60.050 Meters required—Penalty for violations—Rates for metered and unmetered premises.
7.60.100 Additional collection method—Water service suspension—Notice and hearing procedure.
7.60.105 Rates, charges and fees for pretreatment program.
* Prior ordinance history: Ords. B-1890, B-2027, 556, 982, 1066, 1556, 1562, 1874, 2220, 2471, 2567, 2605, 2657, 2261, 2880, 2966, 3156, 3320, 3351, 93-110, 94-79, 96-17, 97-13, 99-47, 2000-55, 2001-17, 2002-10, 2003-13 and 2003-63.
7.60.005 Definitions.
As used in this chapter:
1. “Biochemical oxygen demand” (BOD) shall have the same meaning as in Chapter 7.65.
2. “BOD adjustment percentage” means the upflow anaerobic sludge bed (UASB) process design BOD ratio of UASB effluent BOD-to-UASB influent BOD of twenty percent. The wastewater division manager may annually update the BOD adjustment percentage as follows: BOD concentration (in parts per million) of effluent from the UASB process divided by the BOD concentration of influent to the UASB process, averaged over the most recent full year or, if measurements are only available for a partial year, over the most recent partial year.
3. “Fats, oils, grease” (FOG) means animal/vegetable (polar) based floatable oil, fat waste, oil, or grease (whether or not emulsified), hexane or ether-soluble matter content; or a mineral/petroleum (nonpolar) based oil or grease (whether or not emulsified), hexane or ether-soluble matter content; or any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin; or any substance which may solidify or become discernibly viscous at temperatures above zero degrees centigrade (thirty-two degrees Fahrenheit).
4. “Industrial discharger” shall have the same meaning as in Chapter 7.65.
5. “Industrial wastewater customer” means a property or portion of a property for which wastewater is discharged into a separate industrial wastewater sewer line leading to the upflow anaerobic sludge blanket (UASB) facility, which is a special facility located at the wastewater treatment plant designed to pretreat high-sugar-content wastewater before it enters the regular wastewater treatment process.
6. “Industrial wastewater” shall have the same meaning as in Chapter 7.65.
7. “Minor industrial user” (MIU) shall have the same meaning as in Chapter 7.65.
8. “Sewer” shall have the same meaning as in Chapter 7.65.
9. “Significant industrial user” (SIU) shall have the same meaning as in Chapter 7.65.
10. “Suspended solids” (SS) shall have the same meaning as in Chapter 7.65.
11. “Total suspended solids” (TSS) shall have the same meaning as suspended solids.
12. “Wastewater” shall have the same meaning as in Chapter 7.65.
13. “Wastewater system” shall have the same meaning as “POTW” or “publicly owned treatment works” in Chapter 7.65. The term includes all sewers and wastewater treatment plants.
14. “Wastewater treatment plant” shall have the same meaning as in Chapter 7.65. (Ord. 2016-036 § 1, 2016: Ord. 2007-65 § 1, 2007: Ord. 2003-75 § 1, 2003).
7.60.010 City to fix and collect wastewater rates and charges.
A. The public health, safety and welfare require that the city of Yakima fix and collect wastewater rates and charges upon, and measured by, either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater system in the city of Yakima, and in areas outside the corporate limits of the city, for the carrying and discharge of all wastewater into the wastewater system of the city of Yakima as presently maintained and operated, together with additions and betterments thereto and extensions thereof, which rates and charges are fixed by this chapter; provided, that the specifying of service rates and charges by this chapter shall not affect the financing of construction of sewers and trunk sewers pursuant to the local improvement district process, the imposition of a wastewater connection charge, or other alternate means of financing such construction; provided further, the adoption of rates for service to property outside the corporate limits of the city does not constitute an undertaking by the city to serve any or all such property without compliance with other laws, regulations and policies of the city pertaining to the furnishing of city sewer service outside city corporate limits.
B. Biennial Review. In accordance with federally mandated Environmental Protection Agency requirements and to satisfy bond covenants, the city shall review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the wastewater system and the user charge system. The charges for users or classes of users shall be revised as required. (Ord. 2007-65 § 2, 2007: Ord. 2003-75 § 2, 2003).
7.60.020 Retail wastewater service charge and strong waste surcharge.
A. Wastewater Service Charge. There shall be charged to and collected from all premises within the city served by the city wastewater system a wastewater service charge composed of a monthly ready-to-serve charge and a volume charge based on either the quantity of water supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer system. In addition, a strong waste surcharge shall be charged to and collected from all premises served by the city wastewater system that discharge wastewater exceeding the domestic strength thresholds set forth in subsection B of this section; provided, that in no event shall the total wastewater service charge be less than the minimum charge set forth in the city of Yakima master fee schedule adopted by city council via resolution.
(1) Wastewater Service Charge—Schedules for Inside-City Customers. The wastewater service charge for premises inside the city shall be calculated and charged according to the schedule of rates set forth in the city of Yakima master fee schedule adopted by city council via resolution.
(a) Ready-to-Serve Charges. For all customers other than multiple-unit residential customers are set forth in the city of Yakima master fee schedule adopted by city council via resolution.
For multiple-unit residential customers, the monthly ready-to-serve charge shall be based on the number of accounts and the number of dwelling units, according to the rates set forth in the city of Yakima master fee schedule adopted by city council via resolution.
(b) Volume Charge. For all customers inside the city, the volume charge shall be determined by number of hundred cubic feet (ccf) of water consumed or, if metered, the number of ccf of sewage discharged, multiplied by the rates set forth in the city of Yakima master fee schedule adopted by city council via resolution.
(c) Minimum Charge. In no event shall the total wastewater service charge be less than the ready-to-serve charge for a three-quarter-inch meter, except that customers beginning or ending wastewater service shall have the ready-to-serve charge prorated to their number of days of service during the billing period.
(2) Wastewater Service Charge for Outside-City Customers. Minimum, ready-to-serve, and volume charges to premises located outside the city shall be one and one-half times the inside-city rates set forth in subsection (A)(1) of this section.
B. Strong Waste Surcharge. For customers discharging wastewater which contains more than three hundred parts per million (ppm) of biochemical oxygen demand (BOD) and/or total suspended solids (TSS) and/or one hundred parts per million of fats, oils, greases (FOG), there shall be a surcharge, in addition to the ready-to-serve charge and the volume charge, which shall be calculated utilizing the national average values of BOD and TSS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses, at its expense, to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in YMC 7.60.105. The following formula shall be utilized to calculate the strong waste surcharge:
Monthly surcharge for BOD or TSS or FOG equals (unit cost per pound of BOD or TSS or FOG) times (8.34, which is the weight of one gallon of water) times (customer’s monthly volume in one hundred cubic feet divided by one thousand three hundred thirty-seven) times (customer’s concentration of BOD or TSS or FOG in parts per million according to [the national average values] or [verified concentrations], minus the domestic strength threshold in parts per million, but not less than zero). The separate monthly surcharges for BOD, TSS, and FOG shall be summed together to create the strong waste surcharge.
The unit cost per pound of BOD, TSS and FOG will be set forth in the city of Yakima master fee schedule adopted by city council via resolution.
Hypothetical example: In a given month, a customer discharges 50 ccf of wastewater measured with BOD of 400 ppm, TSS of 350 ppm, and FOG of 80 ppm. This customer is not charged a FOG surcharge because the customer’s measured FOG is below the domestic threshold. Assume a unit cost per pound of $0.5680 for BOD and $0.5266 for TSS. The strong waste surcharge for the given month is calculated as follows:
BOD surcharge: $0.5680/pound x 8.34 x (50 ccf ÷ 1,337) x (400 ppm - 300 ppm) = $17.72
TSS surcharge: $0.5266/pound x 8.34 x (50 ccf ÷ 1,337) x (350 ppm - 300 ppm) = $8.21
Total strong waste surcharge: $17.72 + $8.21 = $25.93
(Ord. 2022-040 § 40, 2022; Ord. 2018-048 § 1, 2018: Ord. 2016-036 § 2, 2016: Ord. 2011-65 § 1, 2011: Ord. 2011-62 § 1, 2011: Ord. 2009-49 § 6, 2009: Ord. 2007-65 § 3, 2007: Ord. 2005-23 § 1, 2005: Ord. 2003-75 § 3, 2003).
7.60.025 Charges to industrial wastewater customers.
A. In lieu of the regular rates set forth in YMC 7.60.020, industrial wastewater customers shall be charged the industrial wastewater charge, wastewater service charge and strong waste surcharge set forth in subsection B of this section, except that the total charged to a given industrial wastewater customer in a given year pursuant to subsection B of this section shall not exceed the amount that would have been charged to that same industrial wastewater customer under the regular rates set forth in YMC 7.60.020.
B. Industrial Wastewater Charge, Wastewater Service Charges and Strong Waste Surcharge for Industrial Wastewater Customers.
(1) Industrial Wastewater Charge. Industrial wastewater customers shall be charged the amount set forth in the city of Yakima master fee schedule adopted by city council via resolution, per hundred cubic feet (ccf) of flow discharged into the industrial wastewater sewer line.
(2) Wastewater Service Charges for Industrial Wastewater Customers. Industrial wastewater customers shall be charged a percentage, as set forth in the city of Yakima master fee schedule adopted by the city council via resolution, of the regular ready-to-serve and volume charges set forth in YMC 7.60.020.
(3) Strong Waste Surcharges for Industrial Wastewater Customers. Industrial wastewater customers shall be charged the regular strong waste surcharges set forth in YMC 7.60.020(B); provided, that the BOD surcharge for an industrial wastewater customer shall be calculated based on the adjusted BOD concentration, which means the measured BOD concentration multiplied by the BOD adjustment percentage.
C. If a given property discharges into both the industrial wastewater line and the regular sewer system, the regular rates set forth in YMC 7.60.020 apply to the effluent discharged into the regular sewer system. If a given property discharges wastewater to the industrial wastewater line that is harmful to the UASB treatment process or wastewater that is not amenable to the UASB treatment process as determined by the wastewater division manager, thereby requiring that the wastewater bypass the UASB treatment process, the regular rates set forth in YMC 7.60.020 apply to the wastewater. (Ord. 2022-040 § 41, 2022; Ord. 2018-048 § 2, 2018: Ord. 2016-036 § 3, 2016: Ord. 2011-65 § 2, 2011: Ord. 2011-62 § 2, 2011: Ord. 2009-49 § 7, 2009: Ord. 2007-65 § 4, 2007: Ord. 2003-75 § 4, 2003).
7.60.030 Wastewater charge added to and payable with water bill.
The wastewater service charge provided for in this chapter shall be payable at the office of the treasurer of the city, and shall be billed for and payable at the same time as the water bill for the premises is payable; and payment for water service shall not be accepted unless payment of the wastewater service charge is made at the same time. The same shall be payable bimonthly and shall be added to city water bills as a separate charge thereon. (Ord. 2007-65 § 5, 2007).
7.60.035 Septage and exceptional wastewater disposal charges.
A. Septage Wastewater Disposal Charge. For septage wastewater disposed pursuant to Chapter 7.63, the rates will be listed in the city of Yakima master fee schedule adopted by city council via resolution.
B. Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7.63, the charge shall be calculated by reference to the following formula:
Exceptional Wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs)
(1) Treatment Costs. Treatment costs shall be determined by reference to the following formula:
Treatment Costs = [(UBOD/TSS) x (WW) x (V/1,337) x (CBOD/TSS)] + [(UV) x (V)] where:
V = Volume discharged (in one hundred cubic feet);
CBOD/TSS = Concentration of BOD or TSS (in parts per million); and the remaining values are set forth in the city of Yakima master fee schedule adopted by the city council via resolution.
(2) Receiving Costs. Receiving costs shall be calculated by the wastewater manager and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue.
(3) Testing Cost. The costs of any testing are set forth in YMC 7.60.105. The wastewater manager shall have final authority over what tests shall be required for any discharge.
C. The amount of the disposal fee, at the rate specified in subsection A or B of this section, shall be based upon the actual quantity measured and discharged. Measurement shall be through methods and instruments as determined by the city. (Ord. 2022-040 § 42, 2022; Ord. 2018-048 § 3, 2018: Ord. 2016-036 § 4, 2016: Ord. 2011-65 § 3, 2011: Ord. 2011-62 § 3, 2011: Ord. 2007-65 § 6, 2007: Ord. 2003-75 § 6, 2003).
7.60.050 Meters required—Penalty for violations—Rates for metered and unmetered premises.
A. Meters Required—Penalty. Commencing September 1, 1977, all premises thereafter newly connected or reconnected to the wastewater system shall have a meter, approved by the city utility services manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system; and it shall be unlawful for any person, firm or corporation to thereafter connect any premises so as to be served by the wastewater system without installing a meter as required by this subsection.
Where water is supplied to a premises from a source that is not a public water supply a measuring device shall be installed at the user’s expense. The city shall designate the make and model of a specific measuring device to be installed that is compatible with the city’s automated meter reading system and make that measuring device available for purchase by the user. The user must calibrate and maintain that measuring device according to the manufacturer specifications. The city shall be granted access to the meter for inspection, verification of calibration and maintenance records, and to obtain readings.
Any property connected to the wastewater system prior to September 1, 1977, shall have a meter, approved by the utility services manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system. Where water is supplied to a premises from a source that is not a public water supply a measuring device shall be installed at the user’s expense. The city shall designate the make and model of a specific measuring device that is compatible with the city’s automated meter reading system and make that measuring device available for purchase by the user. The user must calibrate and maintain that measuring device according to the manufacturer specifications. The city shall be granted access to the meter for inspection, verification of calibration and maintenance records, and to obtain readings. This installation shall be made the first time the property changes ownership after the effective date of the ordinance codified in this section.
Any person, firm or corporation who connects any premises so as to be served by the wastewater system in violation of this subsection shall upon conviction thereof be subject to a fee not exceeding two hundred fifty dollars or subject to imprisonment in the city jail facility for a term not exceeding ninety days.
B. Rates for Metered Premises. All premises served by either city domestic water service or by some other source of domestic water and which have meters to measure all water supplies which are ultimately discharged into the city wastewater system shall pay wastewater service charges according to the rates specified in YMC 7.60.020 or 7.60.025, and all premises which have meters to measure the quantity of wastewater discharged into the wastewater system shall likewise pay wastewater service charges according to the rates specified in YMC 7.60.020 or 7.60.025.
C. Rates for Unmetered Premises. Premises with existing connections to the city wastewater system, but which have no meter to measure either the domestic water supplied to the premises or the wastewater discharged therefrom, shall be charged a wastewater service charge according to rates specified in YMC 7.60.020 or 7.60.025 in an amount determined by the wastewater manager to be based on the average charge for wastewater service to similar premises. (Ord. 2019-012 § 5, 2019: Ord. 2007-65 § 7, 2007: Ord. 2006-07 § 23, 2006: Ord. 2003-75 § 7, 2003).
7.60.100 Additional collection method—Water service suspension—Notice and hearing procedure.
A. As an additional and concurrent method of collection of any such delinquent wastewater rate or charge, the utility services manager may suspend the water service or supply from the premises to which such charge for wastewater has attached until such rates and charges are paid.
B. No water service shall be suspended until a written notice has been served upon or mailed to the customer at least seven days prior to suspending service. Such notice shall state the date on which service is to be suspended, the amount of delinquent wastewater charges, and that a customer may request in writing a hearing before the customer service manager or his designee to contest the suspension, provided such request is received by the customer service manager or his designee before the date service is to be suspended.
C. Upon timely receipt of a request for hearing, the customer service manager or his designee shall conduct a hearing, and the customer requesting the hearing shall be notified in writing by the customer service manager or his designee of the time, date and place of such hearing. Pending the outcome of a hearing, no service shall be suspended.
D. When water service has been suspended for nonpayment of a wastewater charge, water service shall not be resumed until all delinquent service charges have been paid, together with an additional fifteen-dollar reconnection charge.
E. In the event the occupant of a premises is someone other than the customer, the occupant or, in the case of a multiple dwelling, the manager or person in charge shall be notified in writing of the date of the suspension of service and the amount of delinquency at the same time such customer is so notified. (Ord. 2009-49 § 8, 2009: Ord. 2007-65 § 13, 2007: Ord. 2003-75 § 13, 2003).
7.60.105 Rates, charges and fees for pretreatment program.
A. It is the purpose of this section to provide for the payment of rates, charges and fees for certain discharges to the wastewater system, to compensate the city for the cost of administration of the pretreatment program established in Chapter 7.65. Connection charges for dischargers subject to Chapter 7.65 are as set forth in Chapter 7.68 of this code.
B. Rates, Charges and Fees to Be Published. The wastewater manager shall maintain a schedule of current rates, charges and fees, shall post such schedule conspicuously, and shall make copies available to interested persons. Upon request, the wastewater manager shall prepare an estimate of annual fees for a significant industrial user.
C. Significant Industrial Users (SIUs). Commencing on the effective date of the ordinance codified in this section, SIU permit fee amounts shall be set at ninety percent of that amount identified in the industrial facility categories of WAC 173-224-040. The permit fee shall cover the costs of administering the SIU wastewater discharge permit program including inspections, technical assistance, education, and compliance administration. Costs associated with any sampling and testing shall be in addition to the permit fee. This annual fee is based on the state’s fiscal year (July 1st through June 30th).
D. Monthly Base Fee for Minor Industrial Users (MIUs). Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section, minor industrial users (as defined in Chapter 7.65) shall pay a monthly base fee for pretreatment service, as shown in the city of Yakima master fee schedule adopted by city council via resolution.
The daily rate for MIUs shall be the monthly rate divided by 30.417.
Significant industrial users shall not be subject to the base fee for minor industrial users.
E. Charges and Fees for Related Services. Commencing on the effective date of the ordinance codified in this section and until amended pursuant to subsection F of this section, significant industrial users shall pay the sampling and laboratory testing charges and fees provided in the city of Yakima master fee schedule for those specific services described or listed below. All customers shall also be subject to the sampling, laboratory testing, and flat rate charges and fees provided in the city of Yakima master fee schedule, in addition to any base rate provided for in subsection D of this section, but only for those services requested by the customer or provided as part of a required compliance inspection.
(1) Sampling Charge. The sampling charge includes sampler set-up, pick-up, and statistical analysis, as well as billing program charges from the customer service manager. The sampling fee is based on the length of the sampling period, pursuant to the city of Yakima master fee schedule.
(2) Laboratory Testing Fees. A laboratory testing fee is assessed for each type of test conducted on each sample. Fees are assessed pursuant to the city of Yakima master fee schedule adopted via resolution by the city council.
(3) Other related service fees are assessed on each of certain transactions or services, and can be found in the city of Yakima master fee schedule adopted via resolution by the city council.
F. Amendment of Base Rates, Charges and Fees.
(1) The base rate or rates (“rates” for purposes of this subsection) set forth in subsection D of this section may be amended from time to time by ordinance or resolution of the city council. Any such amendment shall be based upon changes in the city’s cost of providing wastewater pretreatment service as reflected in the city’s budget.
(2) The charges and fees set forth in subsection E of this section may be amended from time to time by ordinance or resolution of the city council upon recommendation of the wastewater manager. Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city’s expenses associated with obtaining services from private laboratories and other third persons, and the city’s own administrative and other costs.
G. Money to Be Credited to Wastewater Operating Fund. All moneys collected pursuant to this section shall be paid into and credited to the wastewater operating fund as provided in Chapter 3.101. (Ord. 2023-029 § 1, 2023; Ord. 2023-012 § 1, 2023; Ord. 2022-040 § 43, 2022; Ord. 2022-007 § 22, 2022; Ord. 2018-048 § 4, 2018: Ord. 2016-036 § 5, 2016: Ord. 2011-65 § 4, 2011: Ord. 2011-62 § 4, 2011: Ord. 2009-49 § 9, 2009: Ord. 2007-65 § 14, 2007: Ord. 2003-75 § 14, 2003).
7.60.115 Sunset clause.
Effective January 1, 2024, wastewater rates for all retail customers shall be reduced by the percentage established by dividing eight hundred eighty-six thousand six hundred sixty-six dollars by the total gross revenue received from all retail customers during the previous fiscal year. (Ord. 2007-65 § 15, 2007: Ord. 2003-75 § 15, 2003).
7.60.120 Severability.
If any section, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision will not affect the validity of the remaining portions of this chapter, which shall continue in full force and effect. (Ord. 2007-65 § 16, 2007: Ord. 2003-75 § 16, 2003).