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HomeMy WebLinkAbout1991/06/18 Item 32 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item~ Meeting Date 6/18/91 Public Hearing: Consideration of establishment of industrial wastewater discharge permit fees Ordinance ~'1~" Adding Chapters 3.14 and 3.20, amending Section 3.16.010, repealing Chapter 3.20, Title 13 and Chapters 13.04 through 13.44 of Title 13, adding a new Title 13 and new Chapters 13.02 through 13.14 therein, adding a new Titl e 14 and renumberi ng Chapters 13.48 through 13.68 to the Chula Vista Municipal Code relating to sewers and watercourses Resolution }("a6 Approving amending the Master Fee Schedul e to make techni ca 1 reorgani zat i ona 1 changes and establish new industrial wastewater discharge permit fees Work~ r;r/ (4/5ths Vote: Yes~No___) Director of Public /' Ci ty Managedl EPA regulations mandate the inclusion of certain industrial waste and other provi s i on 's in the City Code. A revi ew of vari ous code chapters re 1 at i ng to wastewater and the design, construction, use, permitting and funding of wastewater facilities showed the current code to be faulted in many respects. Consequent ly it was determi ned that the code shoul d be revi sed not only to accommodate EPA mandated revisions but so as to upgrade the remaining portions of the code relating to sewage and public sewage facilities. RECOMMENDATION: That Council: 1. Conduct the public hearing. 2. Place the Ordinance on first reading. 3. Adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: 1. Background The Federal Government in adopting the Federal Water Pollution Control Act mandates that sewage agencies: A. Establish a pretreatment program for industries; B. Monitor industrial wastes; C. Establ i sh fees to recover the cost of admi ni steri ng the industrial waste program; D. Establ ish equitable charges for the treatment of sewage based on the quantity and quality of waste generated; and E. Pass enabling ordinances. 3~ Page 2, Item Meeting Date 6/18/91 Because of the involvement of Federal grants the Metropolitan Sewage System and all of its participating agencies, including Chula Vista, became subject to the Water Pollution Control Act mandate. The EPA, acting through the State Water Resources Control Board, established a July 1, 1991 deadline for enactment of certain provisions related to sewers and industrial wastes in the City Codes of the various Metro agencies. Staff undertook modification of the Chula Vista Code so as to conform with the Federal requirement. Preliminary review of existing Code provisions disclosed that such a modification would be, at best, a band-a id approach. Current wastewater rel ated Code provi si ons are in large measure inadequate, poorly organized, archaic and ambiguous. Consequently, it was determi ned that the Ci ty woul d be best served through the preparation of totally revised Code provisions relating to wastewater and wastewater facilities. Staff requested, and received, an extension of time so as to be able to incorporate the mandated provi s ions into a total reorgani zat i on and upgrade of all current sewer-related Code provisions. The Board representative agreed to the need for extensive revision and subsequently modified the deadl ine requirement to submi ssion of the proposed Sewer Ordinance to City Council instead of enactment. All Metro Sewerage System part i ci pants are subject to the same bas i c requirement and deadl ine. The "incentive" provided by EPA includes the threatened withdrawal of $19,000,000 in grants previously provided to the Metro System. The proposed ordi nance was prepared with the fo 11 owi ng objectives in mind: A. compl iance with the Federal Water Pollution Control Act and the Federal Clean Water Act. B. Elimination of ambiguous terms and phrases. C. Standardization of terminology. D. Consolidation and organization of wastewater related provlslons. E. Purgi ng of wastewater hcil i ty construction specifi cat ions and details from the Code. F. Clarification of responsibilities. G. Clarification and reinforcement of enforcement provlslons. H. Expansi on of app 1 i cabil ity of plan revi ew, permit and inspect ion activities to all public wastewater facilities and private pretreatment facilities. I. Establishment of a new Industrial Wastewater Discharge Permit and Fees. ~.2 Page 3, Item Meeting Date 6/18/91 2. Discussion of Modifications and Additions Made. A. Industrial Wastewater Provisions The current code includes some very basic and inadequate provisions relating to industrial wastes. The proposed ordinance will create a viable system of permits, fees, management, reports, pretreatment and enforcement which is both in conformity with Federa ljState regul at ions, and compat i bl e with Metro System practices. The City of San Diego Industrial Waste Program staff has for many years performed most of the work i nvol ved in i ndustri al waste permit issuance and compliance for the City of Chula Vista. This practice has resulted from the fact that San Diego has the personnel, technical expertise, equipment and laboratory facil it i es to accompl i sh the task. Chula Vi sta' s costs for such services have been paid from the Sewer Service Revenue Fund. It is probable that Chula Vista will continue to utilize San Diego's staff for these purposes rather than contracting with a private 1 aboratory or creating its own staff and facil it i es. Whatever course of action is chosen it is necessary that the costs associ ated wi th Industri a 1 Wastewater Di scharge Permi t issuance and compliance be assessed primarily against the generators of i ndustri a 1 wastewater. The proposed ordi nance establ i shes these fees and formalizes the process and conditions of permit issuance. The Industrial Wastewater Discharge Permit fee to be paid by industrial dischargers will reflect both the volume and type of discharge (permit category) involved. The ordinance defines three permi t categori es to whi ch all i ndustri a 1 di schargers wi 11 be assigned. Following is a copy of the fee schedule proposed: Flow (Average Daily Industrial Wastewater Flow in Gallons oer Dav Permit Fee (Annual) Permit Category 1 Z ~ More than 100,000 50,001 to 100,000 25,001 to 50,000 10,001 to 25,000 100 to 10,000 Less than 100 $2,000 1,500 1,250 650 500 25 $1 ,200 1,000 600 500 275 25 $1,000 600 500 300 200 25 Some industrial wastewater discharges are of such strength or character as to be unacceptable without pretreatment. The ordinance authori zes the Di rector of Publ i c Works to requi re construct i on of facil ities to pretreat such wastewater prior to discharge to the public sewer. ~-3 Page 4, Item Meeting Date 6/18/91 Food establishments have in the past proven to be a major source of grease which has a deleterious effect on the publ ic sewer system. This ordinance imposes a requirement that grease traps be installed at food establishments. The proposed ordinance incorporates an enumeration of prohibited di scharges whi ch is s i gni fi cantly more detail ed and comprehensi ve than that i ncl uded in the current Ci ty Code. The new 1 i st i ng is additionally in conformity with Metro System prohibitions. B. General Modifications 1. The current code include definitions scattered in several of the pertinent chapters. Terminology used in the text is sometimes not consistent with the definitions provided and sometimes not consistent with modern usage. The proposed ordinance includes a single modernized list of definitions and utilizes those definitions in a consistent manner. 2. The current code i ncl udes extens i ve and archaic sewer construction specifications and design criteria. Such details are most appropriately included in the various specifications, standard drawings and manual s adopted by the City to govern public works design and construction or are provide for in the Uniform Plumbing and Building Codes which are applicable in Chula Vi sta. The proposed ordi nance has been purged of all such details and simply includes formal reference to those documents where such details are available. 3. The current code sometimes assigns responsibility and authority to the City Clerk, City Manager, City Finance Director, City Engineer and/or the Director of Publ ic Works. In some instances the delegation of responsibility and authority is not clearly defined. The proposed ordinance is substantially more specific in delegating tasks to the City Manager, Director of Finance, and the Director of Public Works. 4. Current code enforcement provisions relating to wastewater and/or wastewater facil ities are scattered and confusing, or simply absent. The proposed ordinance consolidates administrative enforcement, including notice, hearing and appeal procedures, and judicial enforcement into a single chapter in such manner as to more clearly define their appl icabil ity, and provide appropriate "due process". 5. The current City Code sewer permit provi s ions are generally applicable to only the construction of sewer laterals and connections. The proposed ordinance clarifies and expands that permit authority to cover all wastewater facil ity construction within the public right-of-way. 3k-1 Page 5, Item Meeting Date 6/18/91 6. The total package of provisions relating to wastewater and wastewater facilities has been reorganized in the proposed ordinance. All matters pertaining to sewer related funds and permitted uses for those funds will be found in Title 3. All matters, other than funds, relating to wastewater and wastewater facil ities will be found in new Title 13, entitled IISewers." Proposed Title 13 contains seven chapters: 13.02 13.04 13.06 13.08 13.10 13.12 13.14 Purpose, Scope and Policy Defi nit ions General Provisions Permits, Plans, Construction, Inspection, and Use of Wastewater Facilities Industrial Wastewater Unlawful Discharges to the Wastewater System Fees The organi zat i on and content of the proposed ordi nance is generally similar to and compatible with the City of San Di ego ordi nance in regard to i ndustri a 1 wastewater matters in order to facilitate coordination of industrial wastewater di scharge permit issuance and enforcement. The imposition of new fees in Chapter 13.10 requires their consideration in a public hearing. 7. Existing Chapter 13.04 relating to fire hydrants is repealed because its provisions are obsolete, being covered by the Uniform Fire Code. A new Title 14 is created and the existing chapters in Title 13 relating to Watercourses (including Storm Drains) are move to that new Title. FISCAL IMPACT: The City was billed a total of $22,741.99 by the City of San Diego for Industrial Waste Program services in Fiscal Year 89-90. Those charges are expected to increase significantly in the near term. In the past such costs have been paid from the Sewer Servi ce Revenue Fund and not the i ndi vidua 1 permittee. Impos it i on of i ndustri a 1 wastewater permi t fees and enforcement charges as set forth in the proposed ordi nance wi 11 generate additional income to offset those charges by the City of San Diego. Further, these fees and charges wi 11 more equitably di stri bute the costs associ ated with industrial wastewater generation. WPC 5644E ~-5 SECTION III. That section 3.16.010 of the Chula vista Municipal Code is amended to read: Section 3.16.010 DiapasitiaR af maReys ESTABLISHMENT OF SEWER INCOME FUND - USES All revenue derived from Public Sewer Connection Fees under sections 13.14.03013.1g.179 through 13.14.08013.1g.299 shall be deposited into the fund designated as the "Sewer Income Fund" and which may be used only for the acquisition, construction, reconstruction, maintenance and operation of sanitation or sewerage facilities; except that such fund may be used, in the discretion of the City Council, for, pursuant to a written contract, the reimbursement of subdividers as reauireda~thsriBea by sections 66486115'3 and 66487115" of the GovernmentB~siReas aRa PrafeasisRs Code af the atate or, pursuant to a written contract, to reimburse any person who has constructed sewer facilities, to the extent, as determined by the City Council, that such sewer facilities have benefited other properties, or to reimburse the City for any expenses incurred in connection with the construction and installation of any sewer facility, including but not limited to the cost of engineering work and all costs in connection with the acquisition of rights-of-way. SECTION IV. That Chapter 3.20 of the Chula Vista Municipal Code is repealed and a new Chapter 3.20 entitled "Sewer Service Revenue Fund" is added. SECTION V. That former Section 3.20.010 of the Chula vista Municipal Code is amended to read: section 3.20.010 Ea~aeli6hea DiDposi~ieR af reveR~e E)[peRdit~reB permitted ESTABLISHMENT OF SEWER SERVICE REVENUE FUND - USES. A. There is established a fund designated as the "Sewer Service Revenue Fund". B. Except for the amounts deposited in the Seweraae Facilities Replacement Fund pursuant to section 3.18.010 aAII revenue derived from sewer service charges set forth in ~ ehapter section 13.14.110 shall be deposited into such Sewer Service Revenue Fund. C. Nothing herein shall be construed as superseding or conflicting with the existing ~sewer I~income E~und. D. The fund shall be used solely for the following purposes unless the City Council shall by four-fifths vote appropriate such funds for another purpose provided such purpose shall be for the construction, maintenance or operation of sewers or incidental thereto, including any charge for its collection: j.{-7 6/7/91 -- 2 -- Final 1. paying the cost of maintenance and operation of the sewer system of the City; 2. Paying all or any part of the cost and expense of extending, constructing, reconstructing or improving the sewer system of the City or any part thereof; 3. Reimbursing persons who have constructed sewer facilities and who have entered into a reimbursement agreement with the City; 4. Paying for the San Diego metropolitan sewer annual capacity charge; 5. Paying for the San Diego metropolitan sewer annual maintenance and operation charge and periodic industrial waste program charges. 6. Any purpose authorized for Sewer Income Fund utilization el!eellt maifrte.Raflee alia e~erat.iefl pl::lrpeseo. SECTION VI. That Title 13 and Chapters 13.04, 13.08, 13.12, 13.14, 13.16, 13.20, 13.24, 13.28, 13.32, 13.40, and 13.44 of the Chula vista Municipal Code are repealed. SECTION VII. That a new Title 13 entitled "SEWERS" is added to the Chula vista Municipal Code to read as follows: TITLE 13 SEWERS CHAPTER 13.02 PURPOSE, SCOPE AND POLICY section 13.02.010 PURPOSE The purpose of this Title is to provide for the maximum beneficial public use of the City'S Wastewater System or Facilities through adequate regulation of sewer construction, sewer use and industrial wastewater discharge, to provide for equitable distribution of the City'S costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City through interagency agreement or by other State or Federal regulatory bodies. section 13.02.020 SCOPE 31.-~ 6/7/91 -- 3 -- Final This Title shall be interpreted in accordance with the definitions set forth herein and the provisions of this ordinance shall apply to the direct or indirect discharge of all waste into the City's wastewater system. This Title, among other things, provides for the regulation of sewer construction in areas within the city's boundaries, the quantity and quality of discharged wastes, the degree of waste pretreatment required, the setting of waste discharge fees to provide for equitable distribution of costs, the approval of plans for sewer construction, the issuance of Permits for Industrial Wastewater Discharge and of other miscellaneous permits, and the establishment of penalties for violation of this Title. section 13.02.030 LIQUID WASTE DISPOSAL POLICY The City builds and operates and/or contracts for public sewers and wastewater facilities collectively known as the City's wastewater system, which serves homes, industries and commercial establishments. The following policies apply to wastewater discharges within the City's boundaries and to other discharges that are tributary to the City's wastewater facilities. Generally, wastewater originating within the City's boundaries will be removed by the City's wastewater system unless the wastewater will (1) damage structures, (2) create nuisances (such as odors, etc.), (3) endanger public health, (4) impose unreasonable collection, treatment or disposal costs on the City, (5) interfere with wastewater treatment processes, (6) fail to meet quality requirements set by regulatory government agencies or interagency agreements, or (7) detrimentally affect the local environment. The City in its General Plan adopted in July 1989, has endorsed the concept of wastewater renovation and reuse in order to conserve water to provide an alternate source of water supply and to reduce the overall costs of wastewater treatment and disposal. The renovation of wastewater through secondary and/or tertiary wastewater treatment processes will necessitate the imposition of stringent quality requirements on industrial wastewater discharges. To comply with the Federal Water Pollution Control Act and the Federal Clean Water Act and to permit the City to meet increasingly higher standards, provisions are made in this Title for the regulation of industrial wastewater discharges. This Title establishes quantity and quality limitations on industrial wastewater discharges. provisions are also made for cost recovery from industrial wastewater dischargers where the discharges impose inequitable collection, treatment or disposal costs on the City. 3"- - r 6/7/91 -- 4 -- Final The city does prefer and encourage industrial wastewater dischargers to reach beyond simple compliance with limitations set upon their discharges, and to incorporate recovery and reuse provisions into their procedures to the maximum extent feasible. Optimum use of the city's wastewater facilities may require that certain industrial wastewaters be discharged during periods of low flow in the city's wastewater system. CHAPTER 13.04 DEFINITIONS section 13.04.010 DEFINITIONS Unless otherwise defined herein, terms relating to water and wastewater shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater. published by the American Public Health Association, the American Water Works Association and the Water Pollution control Federation. The meaning of other various terms as used in this ordinance shall be as follows: A. "Agent" shall mean any person duly authorized by the city to perform specific work upon sewerage facilities under permit or under contract. B. "Applicant" shall mean a person, partnership, entity, firm, association, corporation, or public agency applying for connection to a public sewer, approval of plans to construct or to modify wastewater facilities, or for a Permit for Industrial Wastewater Discharge. c. "Building" shall mean a structure containing one or more fixtures and separated from any other structure. D. "Building Sewer" shall mean a privately maintained sewer .which extends across private property from a building to a sewer lateral, public sewer, or private sewer. E. "City Manager" shall mean the City Manager of the city of Chula Vista. -F. "Director" shall mean the Director of Public Works or designee. G. "DisCharger" shall mean any person who discharges or causes a discharge of wastewater directly or indirectly into the City's Wastewater System or Facilities. "3.t.. -10 6/7/91 -- 5 -- Final H. "Domestic Wastewater" shall mean the liquid and waterborne wastes derived from the ordinary living processes in a dwelling unit, said wastes being of such character as to permit satisfactory disposal, without special treatment, into a public sewer. H. "Fixture" shall mean any plumbing or wastewater outlet requiring a trap or vent. I. "Food Establishment" shall mean a food establishment as defined in Health and Safety Code section 27520, as it may be amended from time to time. J. "Grease Pretreatment Device" shall mean a device conforming to the Uniform Plumbing Code requirements for grease interceptors and/or grease traps approved by the Director and the Director of Building and Housing and designed to remove grease from wastewater before it enters the Building Sewer. K. "Industrial Wastewater" shall mean all wastewater, including all wastewater from any producing, manufacturing, processing, institutional, commercial, service, agricultural, or other operation, including food establishments, which are required to be controlled by Federal, State of California or local regulations or which interfere with the operation and maintenance of the Wastewater System or Facilities. These exclude domestic wastewater, but may also include wastes of human origin similar to domestic wastewater. L. "Mass Emission Rate" shall mean the weight of a specific material discharged to the public sewer during a given time interval. M. "Parcel" shall mean a piece of land as described or shown upon current records of the County Recorder of San Diego county. N. "Person" shall mean any individual, partnership, entity, firm, association, corporation or public agency including the State of California and the United States of America. o. "Public Sewer" shall mean a sewer owned and operated by the City which is tributary to treatment or reclamation facilities operated or utilized by the city of Chula vista. P. "Private Sewer" shall mean a privately maintained sewer constructed from its connection with a public sewer across public and/or private property to provide sewer service to two or more individual parcels of record, 3.1. -1/ 6/7/91 -- 6 -- Final and for which a written agreement pursuant to section 13.08.090 has been filed with the Director. Q. "Sewage" shall have the same meaning as "Wastewater". R. "Sewer Connection" shall mean the'physical facilities involved and/or the act of construction of a viable juncture between a building sewer or private sewer, and sewer lateral or the public sewer system. S. "Sewer Lateral" shall mean a four or six inch diameter privately maintained sewer constructed from its connection with a public sewer across public property to the boundary of such public property so as to provide sewer service to buildings or structures situated upon an individual parcel of record. T. "Sewer Service" shall mean the service and benefits derived through utilization of the public sewer system. U. "Standard Methods" shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater. as published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. V. "Suspended Solids" shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said wastewater by laboratory filtration as determined by the appropriate testing procedure and Standard Methods. W. "Treatment Facilities" shall mean facilities owned or utilized by the City in the treatment of wastewater or for the reclamation of wastewater. X. "Waste" shall mean any and all waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, processing, institutional, commercial, service, agricultural, food preparation or other operation. Y. "Wastewater" shall mean waste and water, whether treated or untreated, discharged directly or indirectly into or permitted to enter a public sewer. "Wastewater" includes both Domestic and Industrial wastewater. Z. "Wastewater Constituents and Characteristics" shall mean the individual chemical, physical, bacteriological or radiological parameters, including volume, flow rate and such other parameters that define, classify or measure the quality and quantity of wastewater. 3:1.. -)~ 6/7/91 -- 7 -- Final AA. "Wastewater system or Facilities" shall mean any and all public facilities used by the City for collecting, conveying, pumping, treating, disposing and reclaiming wastewater. CHAPTER 13.06 GENERAL PROVISIONS section 13.06.010 ADMINISTRATION The Director of Public Works (Director) shall administer, implement and enforce the provisions of this Title. Any powers granted to or duties imposed upon the Director may be delegated by the Director to persons in the employ of the City, or pursuant to contract. The Director shall make and enforce regulations necessary to the administration of this ordinance and may recommend that the Council amend such regulations from time to time as conditions require. These regulations shall be consistent with the general policy established herein by the City Council and shall be subject to prior review and approval by the city Council. section 13.06.020 TIME LIMITS Any time limit provided in any written notice or in any provision of this Title may be extended only by a written directive of the Director. section 13.06.030 INSPECTION AND SAMPLING, GENERAL A. The Director may cause inspection and sampling of every facility involved directly or indirectly with the discharge of wastewater to the city's wastewater system as deemed necessary. These facilities shall include, but not be limited to, sewer laterals, sewer connections, private sewers, public sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities or other facilities which may discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, facilities, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are constructed, maintained and operated properly and are adequate to meet the provisions of this chapter. B. Owners, users and operators of all facilities directly or indirectly connected to the City's wastewater system, whether under construction or completed shall give access to authorized personnel or representatives of the City at all reasonable times including those occasioned by emergency conditions. Any s~-13 6/7/91 -- 8 -- Final permanent or temporary obstruction to easy access to the wastewater facility to be inspected shall promptly be removed by the facility, owner, user or operator at the written or verbal request of the Director and shall not be replaced. No person shall interfere with, delay, resist or refuse entrance to an authorized City inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city's wastewater system, and the provisions of Chapter 1.16 of this Code shall not apply. C. The City, through its representatives or inspectors, shall have the right to inspect and copy pertinent records relating to a permittee's wastewater discharge or pretreatment operations including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books and materials invoices. D. The Director shall provide adequate identification for all inspectors and other authorized personnel, and those persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. section 13.06.040 RECORDING OF RECEIPT OF MONIES The Director shall keep a permanent and accurate account of all fees, costs, charges, and civil penalties received under this Title, giving the names and addresses of the persons on whose account such monies were paid, the date and amount thereof and the purpose for which paid. section 13.06.050 ESTIMATED QUANTITIES AND VALUES Unless otherwise provided herein, whenever the fees and charges required by this Title are based on estimated values or estimated quantities, the Director shall make such determinations in accordance with established estimating practices. section 13.06.060 INTERFERENCE WITH CITY'S WASTEWATER SYSTEM OR FACILITIES It is unlawful for any person to willfully enter, break, destroy, uncover, open, restrict flow, bury, deface or tamper with any sewer or any structure, equipment or appurtenance which is part of the city's Wastewater System or Facilities. section 13.06.070 FALSIFYING INFORMATION It is unlawful for any person to knowingly make any false statement, representation, record, report, plan or other document filed with the Director or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this Title. 3;. -'If 6/7/91 -- 9 -- Final section 13.06.080 DISCHARGE AS A PUBLIC NUISANCE Discharge of wastewater in any manner in violation of this Title or in violation of any order issued by the Director as authorized by this Title, is hereby declared unlawful and a public nuisance and shall be corrected or abated as directed by the Director. section 13.06.090 COSTS OF DAMAGE OR CLEANUP Any person who violates any of the provisions of this Title or who otherwise causes a deposit, obstruction, damage or any other impairment to the City's wastewater system or facilities is liable to the city for all damages, losses or expenses of cleanup or repair occasioned the City by reason of such violation or discharge. Additionally, this Title is intended to create a private cause of action in any person, suffering damages, losses or expenses as a result of such violation. section 13.06.100 ADMINISTRATIVE ENFORCEMENT A. Termination of Service When deemed necessary for the preservation of public health or safety or for the protection of public or private property, the Director may notify any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property, in writing of intention to suspend sewer service. In case of emergency, the Director may act immediately to suspend sewer service without notice or warning to said person or persons. In suspending service the Director may sever all pertinent connections to the public sewer. If service is so suspended, the Director shall keep an account of the cost of suspension and remedy of the emergency situation, and bill the property owner and/or other person responsible therefor. The Director shall give the affected person(s) notice of and opportunity for hearing on the need for and the cost of emergency action as soon as practicable after taking such action. B. Revocation of Permit The Director may revoke any Industrial Wastewater Discharge Permit and terminate if a violation of any provision of this. Title is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance. Such revocation shall be carried out pursuant to Section 13.06.110. This provision is cumulative of other statutes or rules authorizing termination of service for delinquency in payment and other civil, criminal or administrative enforcement actions provided for in this Title. 3~~ 6/7/91 -- 10 -- Final C. civil Penalties Any person who violates any prov~s~on of this Title or permit condition or who discharges wastewater which adversely affects the wastewater system or facilities, or who violates any cease and desist order or prohibition issued by the Director, or national pretreatment standard shall be liable civilly for a penalty not to exceed $1,000 for each day in which such violation occurs, not to exceed $100,000 in total. Imposition of such civil penalties shall be pursuant to the procedures set forth in section 13.06.110. D. Recalculation of Sewer Service Charges 1. When the Director determines that the permittee is discharging a flow rate, or a quantity of flow, chemical oxygen demand, suspended solids or other constituent in excess of that authorized by the permit or in excess of the quantities reported to the Director by the permittee, the Director shall recalculate the sewer service charge. The Director may further institute proceedings to revoke the permit, or upon application may issue an amended permit. 2. The data obtained in samplings or any other relevant information obtained by the Director or presented by the permittee, shall be used by the Director as the quantity parameters used to determined a correct sewer service charge. When the Director makes a determination pursuant to subdivision D l,above, in the absence of other evidence, the Director shall presume that the permittee/discharger was discharging at the determined parameter values over the preceding three (3) years or since the Director's previous verification of quantity parameters, whichever period is shorter. The permittee shall be assessed for all delinquent sewer service charges together with penalty and interest. Before these charges shall be assessed, at least two additional 24-hour samples and flow measurements shall be obtained by the Director, with all costs of sampling and analyses to be paid by the permittee. Imposition of said delinquent charges, penalties and interest shall be pursuant to the procedures set forth in section 13.06.110. Section 13.06.110 PROCEDURES ADMINISTRATIVE NOTICE, HEARING AND APPEAL -A. Unless otherwise provided herein, any notice required to be given by the Director under this Title shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the Director. Where the address is unknown, service may be made upon the owner of record of the property involved. Such notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United 3~ -/ /p 6/7/91 -- 11 -- Final states Postal Service whether or not the registered or certified mail is accepted. B. Except for emergency suspension of sewer service (as provided in Section 13.06.100 A), when the Director determines that a violation of one or more provisions of this Title exists or has occurred any violator(s) or property owner(s) of record may be served by the Director with a written Notice and Order. The Notice and Order shall state the Municipal Code Section violated, describe how violated, the location and date(s) of the violation(s), and describe the corrective action required. The Notice and Order shall require immediate corrective action by the violator(s) or property owner(s) and explain which methodes) of administrative enforcement are being utilized by the Director: suspension of sewer service; revocation of permit; civil penalties; and/or recalculation of sewer service charges. The Notice and Order shall also explain the consequences of failure to comply, including that civil penalties begin to immediately accrue if compliance is not achieved within ten (10) days from the date the Notice and Order is issued. The Notice and Order shall identify all hearing rights. The Director may propose any enforcement action reasonably necessary to abate the violation. C. If the violation(s) is not corrected within ten (10) days from the date the Notice and Order is issued, the Director shall request the city Manager to appoint a Hearing Officer and fix a date, time, and place for hearing. The Director shall give written notice thereof to the violator(s) or owner(s) of record, at least ten (10) days prior to the date for hearing. 1. The Hearing Officer shall consider any written or oral evidence presented to determine whether the violation(s) exists, service should be terminated, the permit should be revoked, suspended, or modified, civil penalties should be imposed, and/or sewer service charges should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and promulgated by the City Manager. 2. In determining whether action regarding a permit should be taken, or the amount of a civil penalty to be imposed, the Hearing Officer may consider any of the following factors: a. Duration of the violation(s) b. Frequency or recurrence c. Seriousness d. History e. Violator's conduct after issuance of the Notice and Order ~~ 6/7/91 -- 12 -- Final f. Good faith effort to comply g. Economic impact of the penalty on the violator(s) h. Impact of the violation on the community i. Any other factor which justice may require. 3. If the violator(s) or owner(s) of record fail to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the Notice and Order. 4. The Hearing Officer shall render a written decision within ten(IO) days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any, or recalculation of sewer service charges, as appropriate. The decision shall be effective immediately unless otherwise stated in the decision. The Hearing Officer shall cause the decision to be served on the Director and all participating violators or owners of record. 5. If the persons assessed recalculated sewer service charges or civil penalties fail to pay them within the time specified in the Hearing Officer's decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the Director. If the violation(s) is not corrected as directed the recalculation/civil penalty continues to accrue on a daily basis. civil penalties may not exceed $100,000 in the aggregate. When the violation is subsequently corrected, the Director shall notify the violator(s) and/or owner(s) of record of the outstanding recalculated sewer service charges and/civil penalties, and provide an opportunity for hearing if the amount(s) is disputed within ten (10) days from such notice. 6. The Director shall take all appropriate legal steps to collect these obligations, including referral to the City Attorney for commencement of a civil action to recover said funds. If collected as a lien, the Director shall cause a notice of lien to be filed with the County Recorder, inform the County Auditor and County Recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the Director shall file a release of lien with the County Recorder. section 13.06.120 JUDICIAL ENFORCEMENT A. Criminal Penalties 30t -I t{ 6/7/91 -- 13 -- Final Notwithstanding Section 1.20.010, any person who violates any provision of this Title or permit condition or who discharges wastewater which adversely affects the wastewater system or facilities or who violates any cease and desist order, prohibition or national pretreatment standard shall be punished, upon conviction, by a fine of not to exceed $10,000 for each day in which such violation occurs, or for imprisonment in the County Jail for not more than one {ll year or both. B. Injunction/Abatement of Public Nuisance Whenever a discharge of wastewater is in violation of the provisions of this Title or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Director may also cause the City to seek a petition to the Superior Court for the issuance of a preliminary or permanent injunction or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuances of such discharge. C. other civil Action Whenever a Notice and Order or Hearing Officer's decision is not complied with, the City Attorney may, at the request of the Director, initiate any appropriate civil action in a court of competent jurisdiction to enforce such Notice and Order or decision, including the recovery of any unpaid sewer service charges or civil penalties provided for therein. 3).-1'; 6/7/91 -- 14 -- Final CHAPTER 13.08 PERMITS, PLANS, CONSTRUCTION, INSPECTION AND USE OF WASTEWATER FACILITIES Section 13.08.010 DIRECTOR - DUTIES The Director shall issue permits, review plans, inspect and make permanent record of: A. All wastewater facility construction, repairs, sewer connections and disconnections within public right-of-way. B. All industrial wastewater pretreatment facility construction and repairs upon private property. Section 13.08.020 CONNECTIONS TO PUBLIC SEWERS - WASTEWATER FACILITY CONSTRUCTION - PLANS AND PERMITS REQUIRED A. No person, other than employees of the City, shall construct, connect or disconnect any public or private wastewater facilities within the public right-of-way without first obtaining approval of plans and a permit from the Director, unless such work is performed under written contract or agreement with the city. A permit shall not be assignable or transferable and shall become void after sixty (60) days if work for which the permit is issued has not commenced. B. Application for permit must be made in writing to the Director by the owner of the property to be sewered, or authorized agent. The application shall be of such form and content as required and provided by the Director. C. The applicant shall submit to the City for approval, construction plans and such specifications and other details as required to describe fully the proposed wastewater facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the State of California. Section 13.08.030 CONFORMITY OF PLANS FOR WASTEWATER FACILITIES TO CITY STANDARDS Construction plans, specifications and details as necessary to fully describe a proposed wastewater facility or wastewater facility modification shall be in full conformity with the following documents as adopted, and amended from time to time, by the Chula vista City Council: A. "Standard Specifications for Public Works Construction" published by BNi Books 3.1-120 6/7/91 -- 15 -- Final B. "Design standards - 1990 - Construction standards" by Chu1a vista Department of Public Works C. "City of Chula Vista Subdivision Manual" D. "San Diego Area Regional Standard Drawings" by San Diego County Department of Public Works Copies of all such documents shall be available at the Office of the Director. section 13.08.040 INSPECTION, BACKFILLING AND TESTING OF WASTEWATER FACILITIES A. All construction or modification of wastewater facilities, whether under permit, agreement with the City or city contract, shall be inspected by City forces during construction so as to assure full compliance with approved plans, specifications and details in addition to adopted City standards as referenced in section 13.08.030. B. No person other than duly authorized employees of the City shall backfill any trench or excavation made for the purpose of constructing a wastewater facility until the pipe or structure therein shall have been inspected by the Director and written approval has been given in such form as may be determined by the Director. The entire length of pipe shall be fully exposed for inspection. At least twenty-four (24) hour notice shall be provided in advance of such sewer inspection. C. The Director may employ such tests as deemed necessary in testing sewers and other wastewater facilities. The Contractor shall furnish all tools, labor and assistance necessary for such tests. section 13.08.050 SEWER SERVICE REQUIRED All buildings which contain any plumbing fixtures and for which, in the opinion of the Director, service via the public sewer system is reasonably feasible, must be connected to the public sewer system. section 13.08.060 SEWER CONNECTIONS AND SEWER LATERALS - WORK TO BE DONE BY CITY All sewer connections and all sewer lateral installations within public right-of-way shall be done by the city or its authorized agents. section 13.08.070 LIMITATIONS ON POINT OF DISCHARGE No person shall discharge any substance(s) directly into a manhole or other opening in a public sewer other than through an approved sewer connection. 3.2 -8./ 6/7/91 -- 16 -- Final section 13.08.080 LOCATION OF SEWER CONNECTION - AUTHORITY OF DIRECTOR TO DESIGNATE The Director shall have the authority to designate the public sewer to which any building shall be connected, considering all engineering factors and all outstanding financial obligations, and the owner of any building may be required to install pumps or ejectors to discharge part of or all sewage into the public sewer designated by the Director. Section 13.08.090 SEPARATE SEWER LATERAL REQUIRED AND ALLOWABLE DEVIATIONS Every building or parcel in need of sewer service shall be served by a separate and individual sewer lateral. Deviations from this requirement may be granted by the Director after plans have been submitted to and approved by the Building and Housing Department and the Public Worked Department Engineering Division and it has been determined that the deviation will provide a practical sewage disposal system and will not impose a financial burden upon the City or relieve the property owner(s) from any financial obligation in connection with the cost of public sewer or other sewerage facilities designed to provide sewer service to the subject building(s) or parcel(s). The Director may authorize use of the same sewer lateral in any of the following circumstances of deviation: A. Where more than one building is situated upon the same parcel, all of which are owned by the same person, and said parcel may not legally be split or subdivided, or said owner agrees in a written instrument suitable for recordation that all of said parcel will be held under the same ownership as long as independent sewer laterals are not provided; B. Where public school districts, governmental agencies or large commercial or industrial installations are involved; C. Where two or more parcels are involved; provided that a written agreement concerning use of the lateral and requiring private responsibility for the future costs of maintenance and repair of the lateral has been filed with the Director, fully executed and in a form suitable for recordation. Section 13.08.100 REUSE OF OLD SEWER LATERALS -No new building or other structure shall be provided sewer service via a previously used sewer lateral within public right- of-way unless such used lateral has been inspected and approved in writing by the Director. ~-~ 6/7/91 -- 17 -- Final section 13.08.110 OCCUPANCY OF PREMISES WITH UNAPPROVED SEWER LATERAL It is unlawful for any person to use or occupy any building until the sewer lateral and building sewer serving such building has been inspected and approved by the Director and the Director of Building and Housing, or their duly authorized representatives, and a Certificate of Occupancy or final inspection approval has been issued. ?~-~ 6/7/91 -- 18 -- Final CHAPTER 13.10 INDUSTRIAL WASTEWATER section 13.10.010 REQUIRED INDUSTRIAL WASTEWATER DISCHARGE - PERMIT No person shall discharge industrial wastewater into the Wastewater System or Facilities without a permit (Permit for Industrial Wastewater Discharge) issued therefor by the Director. Section 13.10.020 PERMIT APPLICATION A. Persons seeking an Industrial Wastewater Discharge Permit shall complete and file with the Director an application in the form prescribed by the Director and accompanied by the applicable fees as set forth in the Master Fee Schedule as modified from time to time by Resolution of the city Council. The technical data submitted shall be projected or actual, dependent upon applicable circumstance. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information: 1. Name, address and Standard Industrial Classification number of applicant; 2. Volume of wastewater to be discharged; 3. Wastewater constituents and characteristics including but not necessarily limited to those mentioned in Section 13.12.010 entitled "Prohibited Discharges," all as determined by a laboratory approved by the City; 4. Time and duration of discharge; 5. Average and 3D-minute peak wastewater flow rates, including daily, monthly and seasonal variation if any; 6. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; 7. Plans or diagrams depicting location of on-site sewer lines pumping stations and any reclamation or pre-treatment facilities. 8. Time of food preparation operations (only required for Food Establishments). 9. Description of food preparation, type, number of meals served, cleanup procedures, dining room ~J.. - ,p, V 6/7/91 -- 19 -- Final capacity, number of employees and number of fixtures (only required Food Establishments). 10. Any other information as may be deemed by the Director to be necessary to evaluate the permit application. B. The Director will review the data furnished by the applicant and may require submission of additional information, and may require approval by other concerned city departments. After review and acceptance of the data furnished an on-site inspection of the site and/or the industrial wastewater discharge system or other systems or processes relating to the industrial wastewater discharge may be required. section 13.10.030 INDUSTRIAL WASTEWATER DISCHARGE PERMIT - ISSUANCE STANDARDS An Industrial Wastewater Discharge Permit shall be issued only if the Director concludes from the information provided in the application, any additional required information, and/or site inspection, that the permitted discharge will not: A. be in violation of Section 13.12.010. B. damage the Wastewater System or Facilities. C. impose unreasonable collection, treatment or disposal costs on the City. D. interfere with wastewater treatment or reclamation processes. E. be in violation of the Federal Water Pollution Control Act, the Federal Clean Water Act and California regulatory agencies requirements. F. be in violation of the requirements of applicable interagency agreements to which the City is signatory. G. detrimentally affect the local environment. Section 13.10.040 INDUSTRIAL WASTEWATER DISCHARGE PERMITS - APPROVAL - CONTENTS - DISPLAY -A. The Director shall approve issuance- of an Industrial Wastewater Discharge Permit when the application therefor is in full conformity with Sections 13.10.020 and 13.10.030. B. The Director may conditionally approve the permit. The Industrial Wastewater Discharge Permit may include quantity or quality restrictions, submission of periodic reports, pre- treatment of industrial wastewaters before discharge, restriction 3:l -o?5 6/7/91 -- 20 -- Final of peak flow discharges, discharge of certain wastewaters only to specified sewers of the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, installation of monitoring and/or metering facilities, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge, repayment of costs incurred by the city (relative to compliance tests, violations of the terms of the permit, non-routine inspections and administrative activities) and such other conditions as may be required to effectuate the purpose of this Title. C. The Industrial Wastewater Discharge Permit shall specify what discharges are permitted, any conditions imposed, and that it is issued subject to all provisions of this Title and all other regulations, user charges and fees established from time to time by ordinance or resolution of the City Council, as well as reimbursement of enforcement costs incurred by the city. D. The permittee shall promptly post and continuously display the Permit, or accurate and complete copies thereof, at such bulletin board or other prominent place or places as to assure its availability to persons associated with the industrial wastewater discharge system or other systems or processes relating to the permitted industrial wastewater discharge. section 13.10.050 DURATION OF INDUSTRIAL WASTEWATER DISCHARGE PERMITS A. Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. B. Multi-year permits for all years other than the first year shall be subject to submission of a renewal request and payment of an annual permit fee thirty days prior to the annual anniversary date of permit issuance. Single-year and the last year of multi-year permits expire on the date specified and therefore require submission of a new application for an Industrial Wastewater Discharge Permit and payment of the appropriate permit fee at least thirty days prior to the permit expiration date if the permit holder desires to continue operations. C. Any permit for which appropriate application or renewal forms and annual permit fees (for multi-year permits) have not been received by the expiration or anniversary date, as appropriate, shall be considered expired or abandoned, and the Director shall take appropriate enforcement action. section 13.10.060 AMENDED PERMITS-FEE ~-~~ 6/7/91 -- 21 -- Final In addition to amended permits issued upon application of the permit holder, any Industrial Wastewater Discharge Permit shall be subject to amendment by the Director at any time during the life of the permit for any of the following reasons: A. Existence of flows, concentrations or facilities not in conformance with the permit. B. Changes in state or Federal regulations. C. Imposition of mass discharge limits. D. Modifications to the list of prohibited discharges as shown in section 13.12.010. The Director shall issue an amended permit with such conditions as appropriate. No fee shall be charged for issuance of an amended permit pursuant to items B, C or D above. The fee for an amended permit initiated by a permittee, or by the Director necessitated by conditions described in item A above, shall be in the amount set forth in the Master Fee Schedule and paid by the holder of the permit. Any changes or new conditions in a permit shall include a specified reasonable time schedule for compliance. section 13.10.070 TRANSFER OF AN INDUSTRIAL WASTEWATER DISCHARGE PERMIT OR CHANGED USE Each Industrial Wastewater Discharge Permit shall be issued to a specific permittee for a specific location, specific use and specific operation. Any sale, lease, transfer or assignment of the premises or operation for which the permit was issued shall require notice to the City and City approval which shall not be unreasonably withheld. If the current operator, or, upon sale, lease, transfer or assignment, the new operator, changes any condition of operation, an amended permit shall first be applied for and obtained. Section 13.10.080 REVOCATION OF INDUSTRIAL WASTEWATER DISCHARGE PERMIT A. The Director may revoke the permit of any permittee who is found to be in violation of this chapter, or any applicable local, State or Federal law or regulation, or who: 1. Fails to factually report the wastewater constituents and characteristics of its discharge; 2. Fails to report significant changes in operations or wastewater constituents and characteristics; 3. Refuses reasonable access to the permittee's premises for the purpose of inspection or monitoring; ~- "-7 6/7/91 -- 22 -- Final 4. Fails to pay for other than the first year of a multi-year permit, appropriate charges, fees and reimbursements within thirty (30) days prior to the annual anniversary date of permit issuance. 5. Fails to pay compliance costs within thirty (30) days following billing. 6. Causes or threatens to cause a condition of contamination, pollution, or nuisance; 7. Fails to install grease pretreatment devices as required by the permit (re food establishments). 8. Fails to fulfill reporting requirements or pretreatment maintenance as required by the permit (re food establishments). 9. violates any condition of the permit; or 10. Transmits false information relative to its operations or discharge. B. The Director shall give the permittee written notice of intention to revoke the permit in accordance with the procedure set forth in section 13.06.110. section 13.10.090 MASS DISCHARGE LIMITS The Director shall have the right to impose mass discharge limits in lieu of, or in conjunction with concentration discharge limits. Any such modifications shall be in writing and shall be incorporated into amended Industrial Wastewater Discharge Permits. Section 13.10.100 PERMIT CONDITIONS, SUPPLEMENTAL REPORTS The Director may at any time, with reasonable notice, require submission of data and/or information in addition to that required in the permit application or upon the permit. Such supplemental report may include but not be limited to changes in nature of process, volume, hourly rates of flow, mass emission rate, production quantities, hours of operation or other information which relates to the generation of waste, including specified constituents and characteristics of the wastewater discharge. Such report may also include the chemical constituents and quantity of liquid or gaseous materials stored on site even though they may not normally be discharged. section 13.10.110 SUPPLEMENTAL SAMPLING AND MONITORING REQUIREMENTS 3,? - ell i' 6/7/91 -- 23 -- Final A. The Director may at any time with reasonable notice require permittees to provide results of periodic measurements of its discharge which include chemical analyses and/or flow. The Director may require a sampling and/or a monitoring facility to be furnished and operated at permittee's expense. B. All permittees required to provide a monitoring facility shall furnish and install at an appropriate location a calibrated flume, weir, flow meter or similar device approved by the Director suitable to measure flow rate and total volume. In lieu of wastewater flow measurement and when deemed appropriate, the Director may accept records of periodic water meter readings and adjust the flow volume by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge. c. The sampling and/or monitoring facility should normally be situated on, the permittee's premises, but the Director may, when such a location would be impractical or cause undue hardship on the user, by encroachment permit separately applied for, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. D. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the Director's requirements and shall be completed within 90 days following written notification by the Director unless a time extension is granted by the Director. E. Those permittees required by the Director to make periodic measurements of industrial wastewater flows and constituents shall annually make the number of such periodic measurements as required in the permit. F. When required by the Director, permittees shall install and maintain in proper order automatic flow-proportional sampling equipment and/or automatic analysis and recording equipment. G. Permittees shall allow the city or its representatives ready access at all reasonable times to all parts of the premises for purposes of sampling or in the performance of any of their duties. The Director shall have the right to set up on the permittee's property such devices as are necessary to conduct sampling or metering operations. Where a permittee has security measures in force, the permittee shall make the necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the city shall be permitted to enter without delay. H. All sampling, analysis and flow measurement procedures, equipment, results and records shall be subject at any time to inspection by the Director. ~-~7 6/7/91 -- 24 -- Final section 13.10.120 COMPLIANCE COSTS INDUSTRIAL WASTEWATER DISCHARGE PERMIT A. Persons discharging industrial wastewater to a pUblic sewer without a Permit for Industrial Wastewater Discharge and persons whose discharge is not in conformity with the conditions of such a Permit shall pay for all actual costs incurred by the city in order to bring them into compliance with this chapter and/or conditions of the permit. payment of compliance costs, if required, is in addition to the annual Industrial Wastewater Discharge Permit fee. Compliance costs shall be paid within thirty (30) days following billing. Non-payment of total charges within the specified period will constitute grounds for revocation of a permit and termination of sewer service in accordance with Sections 13.06.100 and 13.10.070. B. Costs will include but not be limited to those for the following: 1. site inspection/investigation 2. Monitoring and sampling 3. Laboratory analyses 4. Hearings and other compliance meetings 5. Equipment and transportation 6. Management and overhead 7. Issuance of Notices of Violations and other pertinent correspondence. Section 13.10.130 PRE-TREATMENT, GENERAL A. Permittees shall make wastewater acceptable under the limitations established herein before discharging to any public sewer. Any facilities required to pre-treat wastewater to a level acceptable to the Director shall be provided and maintained at the permittee's sole expense. Detailed plans, compliance schedules and operating procedures shall be submitted to the Director for review and shall be approved by the Director before construction of the facility. The review of such plans and operating procedures will in no way relieve the permittee from the responsibility of modifying the facility as necessary to produce an effluent acceptable under the provisions of this Title and the Industrial Wastewater Discharge Permit. Any subsequent changes in the pre-treatment facilities or method of operation shall be reported to and be approved by the Director. No permittee shall increase the use of process water or, in any way, ~-~ 6/7/91 -- 25 -- Final attempt to dilute a discharge (except as allowed by Federal Pre- treatment standards) as a partial or complete substitute for adequate treatment to achieve compliance with any local, state or Federal discharge standard. B. The Director shall have the authority in negotiation with any industrial permittee, to impose compliance schedules relating to installation of specific pre-treatment equipment, filing of reports and achievement of specific discharge conditions including target parameter concentrations. C. Pre-treated wastewater shall conform to categorical pre-treatment standards promulgated by the U. s. Environmental Protection Agency (EPA) under the authority of the Clean Water Act, Sections 307(b) and (c). section 13.10.140 PRETREATMENT-INDUSTRIAL WASTEWATER FACILITIES - APPROVAL OF PLANS AND ISSUANCE OF PERMITS A. The applicant shall submit to the Director and to the Director of Building and Housing for approval, such construction plans and specifications and other details as required to fully describe the proposed industrial wastewater pretreatment facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the State of California. B. The Director will approve plans for industrial wastewater facilities construction, issue a Permit for Industrial Wastewater Discharge or any other permit under this Code only if it appears to the Director that the proposed industrial wastewater facilities and the industrial wastewater discharge conform to the requirements of this Title. The Director of Building and Housing will approve plans for industrial wastewater facilities construction, issue a building or any other permit under this Code only if it appears to the Director of Building and Housing that the proposed construction conforms to the appropriate construction codes adopted by the city. C. approval Title. All required fees and charges shall be paid before of plans or issuance of any permit required under this D. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon such permittee by this Title. Section 13.10.150 PRETREATMENT - GREASE - FOOD ESTABLISHMENTS A. All Food Establishments shall install a Grease Pretreatment Device in the waste line leading from the food preparation area, or from sinks, drains, appliances and other fixtures or equipment used in food preparation or cleanup to where grease may be introduced into the sewerage system. Such ~-31 6/7/91 -- 26 -- Final grease pretreatment devices shall be installed to remove grease from wastewater and shall be maintained in efficient operating condition by periodic removal of the accumulated grease. No such collected grease shall be introduced into any drainage piping or public sewer. B. All Food Establishments shall also provide a collection drum or container for the purpose of physically segregating oils, greases and greasy solids. Food Establishments shall establish procedures for personnel to practice maximum segregation of oils, greases and greasy solids to the collection drum or container prior to washing and other cleaning which goes into sewer. Food Establishments shall properly remove and appropriately dispose of the material captured from grease pretreatment devices on wastewater lines and the collection drums for segregating oils, greases and greasy solids. section 13.10.160 MAINTENANCE REPORTS, FOOD ESTABLISHMENTS Food Establishments shall keep records of grease pretreatment device cleaning, maintenance and grease removal and report on such maintenance to the Director at the times and in the manner specified in their permits. The Director may also require the permittee to provide periodic measurements of its discharge, including chemical analysis of oil and grease content. Section 13.10.170 PROTECTION FROM ACCIDENTAL DISCHARGE A. Each permittee shall provide protection from accidental discharges of materials prohibited by Section 13.12.010. Permittees shall provide and maintain facilities to prevent accidental prohibited discharge at the permittee'S own cost and expense. Plans and specifications for such facilities shall be subject to review and approved by the Director. B. In the case of an accidental prohibited discharge, the permittee shall: 1. Immediately notify both the Director and the city of San Diego Water utilities Department Industrial Waste Program (San Diego) of the incident. The notification shall include: location of discharge, type of waste, concentration and volume, and corrective actions. 2. Within five (5) days following an accidental discharge, submit to the Director and to San Diego a detailed written report describing the cause of the discharge and the measures to be taken by the permittee to prevent similar future occurrences. Such notification shall not relieve the permittee of any expense, loss, damages or other liability which may be incurred as a result of damage to any wastewater systems, fish kills or any other damage 301- 3~ 6/7/91 -- 27 -- Final to persons or property; nor shall such notification relieve the permittee of any fines, civil penalties or other liability which may be imposed by this Title or other applicable law. 3. Cause a notice to be permanently posted on the permittee's bulletin board or other prominent place prominently displaying for employees the names and telephone numbers to call in the event of an accidental prohibited discharge. Permittees shall ensure that all employees who may cause, allow or observe such an accidental discharge to occur are properly trained regarding compliance with the emergency notification procedures. Section 13.10.180 LIMITATIONS ON THE USE OF GARBAGE GRINDERS Matter from domestic, commercial, or industrial garbage grinders shall not be discharged into the Wastewater System or Facilities. However, matter generated by garbage grinders in the preparation of food normally consumed on the premises is excepted from this prohibition. Additionally, if the permittee has obtained a permit for that specific use from the Director and agrees to undertake whatever self-monitoring is required enable the Director to equitably determine the sewer service charges based on the waste constituents and characteristics, such matter is also excepted. Such grinders must shred the waste to a degree that all particles will be carried freely under the flow condition normally prevailing in the public sewer. It is unlawful to use a garbage grinder for grinding plastic, paper products, inert materials or garden refuse. Section 13.10.190 AVAILABILITY OF THE CITY'S WASTEWATER FACILITIES If wastewater facilities capacity is not available, the Director may require the Industrial Wastewater Discharger Permittee to restrict discharge until sufficient capacity can be made available. When requested, the Director will advise persons who desire to locate new facilities as to which areas within the Wastewater System where industrial wastewater of the requestor's proposed quantity and quality are expected to have sufficient capacity. The Director may refuse sewer service to persons locating facilities in areas where their proposed quantity or quality of industrial wastewater is unacceptable for the available Wastewater System or Facility. section 13.10.200 RECORDS RETENTION All permittees subject to this chapter of this Title shall retain and preserve for not less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a permittee in -g~- ~ 6/7/91 -- 28 -- Final connection with its discharge. All records which pertain to matters which are the subject of administrative action or any other enforcement or litigation activities brought by the city shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. 3~-3Y 6/7/91 -- 29 -- Final CHAPTER 13.12 UNLAWFUL DISCHARGES TO THE WASTEWATER SYSTEM Section 13.12.010 PROHIBITED DISCHARGES A. Prohibited discharges shall include, but not be limited to, those containing constituents enumerated in this Section. Such prohibitions are applicable to all users of the wastewater system. Any constituent not listed herein may be added by regulation or other prohibition promulgated by the Director based on results of technical determinations, the actions of regulatory agencies, the projected impact of the constituent upon the wastewater system, and the capacity of wastewater treatment facilities to accommodate such constituent. B. No person whether or not a permittee, shall discharge or cause to be discharged directly or indirectly into a sewer lateral or into the Wastewater System or Facilities, the following: 1. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid or gas that would cause or tend to ~ause flammable or explosive conditions to result in the wastewater system. 2. Any matter containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other substances, may create a health hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous condition to occur in the wastewater system. 3. Any matter having a pH lower than 5.0 or greater than 11.0 or having any corrosive or detrimental characteristic that may cause injury to wastewater treatment or maintenance personnel or may cause damage to structures, equipment or other physical facilities of the wastewater system. 4. Any solids or viscous substances or other matter of such quality, size or quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, fatty acids, grease and oil, paper dishes, paper cups, milk .3ot-3.5 6/7/91 -- 30 -- Final containers, or other similar paper products, either whole or ground. 5. Any rainwater, storm water, ground water, street drainage, subsurface drainage, roof drainage, yard drainage, water from yard fountains, ponds or lawn sprays or any other uncontaminated water. 6. Any matter having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), or at a temperature which causes the influent to the waste treatment plant to exceed 104 degrees Fahrenheit (40 degrees Celsius). 7. Any matter containing more than 500 mg/1 of oil or grease. 8. Any strongly odorous matter or matter tending to create odors. 9. Any matter containing over 1.0 mg/1 of dissolved sulfides. 10. Any matter with a pH high enough to cause alkaline incrustations on sewer walls. 11. Any matter promoting or causing the promotion of toxic gases. 12. Any matter requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes. 13. Any excessive amounts of deionized water, steam condensate, distilled water or single pass cooling water. 14. Any radioactive matter, except: a. When the person is authorized to use radioactive materials by the state Department of Health or other governmental agency empowered to regulate the use of radioactive materials, and b. When the matter is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17), and the Nuclear Regulatory Commission regulations and recommendations for safe disposal, and ~$ 6/7/91 -- 31 -- Final c. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies 15. Any matter producing excessive discoloration of the wastewater treatment plant effluent. 16. Any toxic materials including, but not limited to, all heavy metals, cyanide, phenols, chlorinated hydrocarbons and other organic compounds unless limited to that concentration which complies with all local, state and Federal discharge limitations, and which does not interfere with the operation of the wastewater facilities. 17. Any substance, liquid, gas or solid waste which would cause a public nuisance or hazard to life, or would be deleterious to the operation of wastewater facilities or to the waters receiving the discharge of the wastewater facilities. 18. Any cesspool or septic tank wastes. ~-v 6/7/91 -- 32 -- Final CHAPTER 13.14 FEES section 13.14.010 FEES - RECORD TO BE KEPT The Director shall keep a permanent and accurate record of the amount, source, parcel, and purpose for all payments received under the provisions of this chapter. section 13.14.020 FEES - SEWER CONSTRUCTION PERMIT FOR INSTALLATIONS WITHIN PUBLIC RIGHT-OF-WAY The applicant for a permit to construct a sewer lateral within the public right-of-way shall pay to the City the fee as presently designated or as may be amended in the future, in the Master Fee Schedule. section 13.14.030 CONNECTION TO PUBLIC SEWER - FEE A. Any person applying for a permit to develop or modify the use of any parcel shall provide sewer service capability to that parcel at the property owner's expense. Where the owner constructs, or contributes toward the costs of construction an amount in excess of the amount commensurate with the benefits to be received, as determined by the Director, the City may enter into a Reimbursement Agreement with such person. B. Any person desiring to connect, directly or indirectly, any parcel or any building thereon to any public sewer which has been constructed at no cost to the parcel to be connected, shall pay a one-time Sewer Connection Fee to the city in the amount as presently designated, or as may be amended in the future, in the Master Fee Schedule adopted by the City Council pursuant to and in accordance with the procedures set forth in Government Code section 66016. All revenue derived from such fees shall be deposited in the Sewer Income Fund. The amount of such fee shall be determined by one of the following methods of calculation: 1. General Front Footage 2. Other reasonable method as determined by Council resolution 3. Reimbursement Agreement section 13.14.040 PUBLIC SEWER CONNECTION FEE- METHODS OF CALCULATION The Director may issue a permit to make connection to the public sewer system upon payment of all fees required by u-~ 6/7/91 -- 33 -- Final ordinances and resolutions of the City including the sewer connection fee calculated on the basis of either: A. General Front Footage: In the absence of a valid applicable Reimbursement Contract for repayment of costs involved in constructing public sewer facilities, the payment of the fee as set forth in the Master Fee Schedule per front foot of the parcel sought to be connected. However, such front foot fee shall not be imposed upon a person who constructed or paid for the construction of the public sewer into which connection is sought; or B. Special Circumstances: Whenever the City Council, on recommendation of the Director, determines that any public sewer benefits property which does not front upon such sewer, or where property does face upon a sewer, but where the shape of the property is other than the usual rectangular shape or where it is unusual in area, or where for any other reason the strict adherence to the front foot charge provided in paragraph A of this section would require a property owner to pay an amount not commensurate with the benefits to be received, the City Council may, by resolution, determine the amount of money which such property or any unit portion thereof shall pay, in addition to and prior to the payment of other permit and connection fees. Such resolution shall take into consideration any contributions made by a property owner toward the cost of the construction of the sewer line in arriving at the amount of money to be paid by such property owner. Prior to the adoption of such resolution, the Director may allow a property owner to make use of such sewer facilities upon the owner guaranteeing to pay the amount to be provided in such resolution, and upon the deposit of an amount of money estimated by the Director to be adequate, as a guarantee of the payment of the amount to be provided in the resolution; or C. Reimbursement Agreement: The City may choose to enter into Reimbursement Agreements with persons, whether subdividers or not, who have constructed public sewer facilities with their own money and which facilities benefitted property the owners of which did not contribute to the construction of such facilities. Any such property owner desiring to be connected to any such public sewer facility, if such property or the owner thereof did not contribute toward the cost of the construction, shall not be permitted to connect without first paying the fee established in the applicable Reimbursement Agreement on file in the Office of the 6irector. Section 13.14.050 PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT AGREEMENT - COLLECTION BY CITY The city shall endeavor to collect the charges set forth in the various Reimbursement Agreements on file in the Office of the Director and cause the sum so collected, less city expense as set ~-~ 6/7/91 -- 34 -- Final forth in the contract, to be reimbursed as provided in this chapter, but it shall not be liable for any failure to make such collection or reimbursement, and such obligation to collect such charges shall terminate six years from the date the sewer facility is accepted as being completed by the City, except as may be provided hereinafter in this Chapter. Section 13.14.060 PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT AGREEMENT - OBLIGATION OF OWNER TO CLAIM MONEY - FORFEIT WHEN It shall be the obligation of the person, whether a subdivider or not, to inquire of the City whether any such amounts have been paid into the City by a property owner who did not previously contribute toward the cost of the construction of the sewer facilities. If any such money remains on deposit with the City without being claimed by the party rightfully entitled to it within one year it is deposited, such money shall be forfeited to the city, and then it shall be transferred to the Sewer Income Fund of the City. section 13.14.070 PUBLIC SEWER CONNECTION FEE - REIMBURSEMENT AGREEMENT - SEWER FACILITIES OF SPECIAL IMPORTANCE - ADDITIONAL SPECIFICATIONS ON CHARGES If the City Council finds that a particular sewer facility is of special public interest because of its major importance to the City, it may, notwithstanding any other provision of this article allow, by resolution, the following: A. Time for reimbursement: That the right to reimbursement for any subdivider, or for any individual, firm or corporation, as contemplated in this chapter, may be extended up to twenty years from the date of that the sewer facility is accepted as being completed by the City; B. Interest added to charge: That, up to seven percent per year of the amount of the charge may be added thereto, but, however, only for the period fixed pursuant to the preceding paragraph and the person who is entitled to reimbursement as contemplated in this chapter shall be entitled to receive such charge and the interest paid thereon. Interest shall be computed on a quarterly basis, and it shall be computed up to but not including the quarter in which payment of such charge is paid. section 13.14.080 PUBLIC SEWER CONNECTION FEE- REIMBURSEMENT AGREEMENT- LIABILITY FOR FUTURE CHARGES NOT RELIEVED In the event that any parcel for which a Public Sewer Reimbursement Agreement Fee has been paid receives additional benefit from any public sewer in the collection system of the City, the payment of such fee shall not relieve the parcel owner ~-#O 6/7/91 -- 35 -- Final from payment for such additional benefit, nor shall the property be relieved from the levy of a special assessment under any special assessment statute of the state for such additional benefit. section 13.14.090 SEWER CAPACITY CHARGE A. The owner or person making application for a permit to develop or modify use of any residential, commercial, industrial or other property which is projected by the Director to increase the volume of flow in the City sewer system by at least one-half of one equivalent dwelling unit of flow shall pay a Sewer Capacity Charge. All revenue derived from such fees shall be deposited in the Trunk Sewer Capital Reserve Fund. The amount of such charge shall be the amount presently designated in the Master Fee Schedule, or as amended by the City Council pursuant to and in accordance with the procedures set forth in Government Code section 66016. B. One equivalent dwelling unit (EDU) of flow is defined to be 265 gallons per day of sewage generation. The fee for property involving a modification in use shall reflect only the increase in sewage generation projected from that property. The following rates of flow for various land uses shall be utilized in determining the total fee due for any given property: Land Use EDUs of Flow 1.0 0.75 1.0 1.0 .33 1.0 1.0 Single family residence Apartment/Condominium living unit Hospital bed Mobile Home Motel, hotel living unit Church, theater, auditorium Per each unit of seating capacity (One unit being 110 persons or any fraction thereof) Restaurant (2.67 plus seating allocation of 1.0 for each 10 seats or fraction thereof) Service station Self service laundry - per washer Other (see below) 2.67 + variable 2.50 .75 In the case of commercial, industrial and other developments not included above, the number of equivalent dwelling units of flow shall be determined in each case by the Director and shall be based upon the estimated volume of sewage to be discharged into the city sewer system. The flow rate for property involving a modification in land use shall reflect only ~~-If) 6/7/91 -- 36 -- Final the increase in sewage generation project from that property which exceeds .50 equivalent dwelling units of flow. Section 13.14.100 SEWAGE PUMP STATION CHARGE - DISPOSITION OF REVENUE - DETERMINATION OF CHARGES A. The owner or occupant of any parcel of real property connected to a sewage pump station which is a part of the wastewater system of the City and situated within a Special Sewer Service Rate Area established by the city Council shall pay a sewage Pump Station Charge in the amount set forth in the ordinance establishing such Area, or as amended by the City council from time to time, as designated for administrative convenience only in the Master Fee Schedule. B. All revenue derived from sewage pump station charges shall be deposited into the separate fund deemed appropriate by the Director of Finance. C. Sewage pump station charges shall be based upon actual labor, material, equipment, energy and overhead costs experienced by the City relative to each sewage pump station except for first-year costs which shall be estimated by the Director. Distribution of sewage lift station costs amoung benefitted parcels shall be as specified in the ordinance establishing the Area, as reflected for administrative convenience only in the Master Fee Schedule. Section 13.14.110 SEWER SERVICE CHARGES DESIGNATED - PAYMENT REQUIRED - DOMESTIC PURPOSES DEFINED A. In addition to other fees, assessments or charges provided by the city Code or otherwise, the owner or occupant of any parcel of real property which said parcel is connected to the sewer system of the City and to water system maintained by the Sweetwater Authority, the Otay Water District or the California - American Water Company shall pay a Sewer Service Charge in the amount presently designated in the Master Fee Schedule, or as amended by the City Council pursuant to and in accordance with the procedures set forth in Government Code section 66018. B. All revenue derived from such charges shall be deposited into the Sewer Income Fund. -C. For the purpose of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single-family residences or the furnishing of lodging by the operation of hotels, auto courts, apartment houses, bungalow courts, housing units, roominghouses, motels, trailer parks, or the rental of property for lodging purposes. u-~ 6/7/91 -- 37 -- Final D. Sewer service charges to users in the Montgomery Annexation Area shall be collected in the form of annual charges via property tax bills prepared by the San Diego County Assessor through the end of '91-'92 fiscal year. Montgomery Area charges shall be comparable to those of the remainder of the city, after credit for unused reserve monies, acquired by the City during the Area annexation process, has been applied. Beginning July 1, 1992, sewer service charges for the Montgomery Annexation area shall be billed and collected in the same manner as in the rest of the City. section 13.14.120 Reduced sewer service charges permitted when- application-contents-refunds-fees A. The Director of Finance shall have the authority to certify eligibility for a reduced sewer service charge, in the amount of seventy percent (70%) of the rate charged other residential users, upon investigation, or upon application by the occupant of a single family residence, apartment, condominium or mobilehome when the occupant: 1. Meets the low income eligibility criteria set forth in the Master Fee Schedule, or 2. Provides proof of payment of a mont~ly sewer charge greater than the minimum sewer serV1ce charge as set forth in the Master Fee Schedule. B. The occupant of premises subject to a sewer charge may request a reduced sewer service charge by filing a completed City application form. The applicant shall furnish data regarding the type of unit, number of people in the household and proof of total annual income (gross) of the household. Application forms may be obtained from the City'S Finance Department. Certification of eligibility shall be annually established with the Director of Finance. C. Eligible occupants of single family homes subject to the sewer service charge shall have the option of either requesting an annual refund from the City or requesting the reduced sewer charge be applied on the sewer billing as shown on the monthly or bi-monthly water bills. D. Residents of apartments, condominiums or mobilehomes who are eligible for the reduced sewer service charge shall receive the reduced sewer charge as an annual refund only. E. Requests for annual refunds shall be made by eligible households between August 1 and September 30 of each year for the past fiscal year beginning in July and ending in June. The applicant will be notified of eligibility status within thirty (30) days of application and, if eligible, a refund shall be forwarded within ninety (90) days of application. ~~ 6/7/91 -- 38 -- Final F. Residents of the incorporated Montgomery District will not be eligible for either refunds or a reduced sewer service charge at the present time; they will, however, be eligible for the reduced sewer service charge once they are subject to the full sewer service charge set by the Master Fee Schedule because the special supplement fund is exhausted. Section 13.14.130 SEWER SERVICE CHARGE VARIANCES PERMITTED WHEN - APPLICATION - CONTENTS - FEES A. The city Manager shall have the power to establish rules and regulations for the granting of variances from the established sewer service charges provided such rules and regulations shall be approved by resolution of the city Council. The city Manager shall have the power to grant variances from established sewer service charge billing categories upon receipt of a variance application as hereinafter provided from the owner or occupant of any premises, and one or more of the following situations exist: 1. Where a non-residential user's wastewater contains a total suspended solids concentration sufficiently low as to qualify for a different sewer service charge strength category. 2. Where a substantial portion of the premises of an industrial or commercial establishment is used for industrial, commercial, recreational, horticultural or agricultural purposes of such a nature that the water supplied to such premises is not substantially discharged into the sewer system. B. The owner or occupant of any premises subject to the sewer service charge may apply in writing to the City Manager for a reclassification of such premises (variance) under the provisions of subparagraphs A 1 or 2, above; provided, however, that no rebate upon such reclassification shall be allowed for a period more than ninety (90) days preceding the filing of such application. The applicant shall furnish substantial engineering and factual data to support the applicant's contention that the premises should be reclassified as provided in this section. C. The owner or occupant of any premises requesting a variance from the sewer service charges pursuant to the provisions of this section and the rules and regulations approved by resolution of the City council shall pay a fee as presently designated, or as may in the future be amended, in the Master Fee Schedule to cover the cost of investigation of said request; provided, however, that no fee shall be charged for a request for total exemption from the sewer service charge. In addition, a special handling charge to cover the cost of billing and ~ -If'f 6/7/91 -- 39 -- Final inspections to be paid per billing may be established in the resolution granting the variance. section 13.14.140 SEWER SERVICE CHARGE EXEMPTIONS PERMITTED WHEN - APPLICATION - CONTENTS A. The Director shall have the power to certify exemption from payment of sewer service charges either upon investigation or upon receipt of application from the owner or occupant of any premises, provided one or more of the following situations exists: 1. Where a fire service connection to the water system is installed; 2. Where the premises are not connected to the wastewater system of the citYi 3. When water is supplied to the premises through a separate water meter measuring irrigation water and that water is used entirely for irrigation purposes. B. The owner or occupant of any premises subject to the sewer service charge may apply in writing to the Director for exemption of such premises under the provisions of subsection Ai provided, however, that no rebate upon such exemption shall be allowed for a period more than ninety days preceding the filing of such application. The applicant shall furnish substantial evidence to support the applicant's contention that the premises should be exempted as provided in this section. C. No fee shall be charged for a request for exemption from the sewer service charge. section 13.14.150 PAYMENT OF SEWER SERVICE AND PUMP STATION CHARGES - PENALTY FOR DELINQUENCY - DISCONTINUANCE OF SERVICE - WHEN - UNLAWFUL CONNECTION - BACKBILLING AND PENALTY A. All sewer service and pump station operation and maintenence charges , except those described in subsection F hereinbelow, shall be computed upon a monthly or bi-monthly basis as determined by the city or the serving water agency, and shall be payable upon the billing of such charges to the owner or the occupant. B. The charges and the billing therefor may be combined with other utility bills and separately designated. C. If the sewer service and/or pump station charge for users other than those described in subsection F, is not paid ~-~ 6/7/91 -- 40 -- Final before the close of business or postmarked before midnight of the final date for payment as shown on the billing, a penalty of twenty percent of the charge(s) shall be added thereto; provided, however, that when the final day for payment falls on Saturday, Sunday or a legal holiday, payment may be made without penalty on the next regular business day. D. In the event the owner or occupant of any premises shall be delinquent in payment of the sewer service charge and such delinquency continues for a period of five days after the final date for payment of such charge, the City shall have the right, forthwith and without notice, to discontinue sewer service to such delinquent owner or occupant, and sewer service shall not again be supplied to such person until all delinquent sewer service charges plus the penalties thereon as herein provided have been paid. The sewer service charge may be collected by suit in any court of competent jurisdiction or any other manner. E. In the event that any parcel or building is determined by the Director to have been unlawfully connected to the public wastewater system, the City shall have the right to terminate sewer service to such parcel or building as provided in section 13.06.110. Sewer service shall not again be supplied to such parcel or building until all delinquent sewer service charges which have been accumulated during the current ownership of the parcel or building, plus a penalty of 20% of the delinquent sewer service charge, has been paid. F. Sewer service charges for users in the Montgomery Annexation Area shall be collected in the form of annual charges via property tax bills prepared by the San Diego County Assessor through the end of 1991-1992 fiscal year. Montgomery Area charges shall be comparable to those of the remainder of the city, after credit for unused reserve monies, acquired by the city during the Area annexation process, has been applied. Beginning July 1, 1992, sewer service charges for the Montgomery Annexation area shall be billed and collected in the same manner as in the rest of the city. section 13.14.160 SEWER SERVICE DEPOSITS REQUIRED WHEN - AMOUNT A. Guarantee deposits may be required from all applicants for sewer service who are not the legal or equitable owners of the property to be served, except applicants for domestic sewer service. "B. The city has the right to require deposits from the owner or occupant of any premises who has allowed his bill for sewer service charge to become delinquent or who does not have an acceptable credit rating. C. Deposits shall be equal to the estimated amount of three months' sewer service charges, but in no event shall the deposit be less than twenty-five dollars. ~-~ 6/7/91 -- 41 -- Final section 13.14.170 INDUSTRIAL WASTEWATER DISCHARGE PERMITS - FEES - COSTS INCLUDED IN FEES A. Industrial Wastewater Discharge Permit fees and annual renewal fees shall be based on the wastewater constituants and characteristics of the discharges to the wastewater System. Industrial Wastewater Discharge Permit fees and annual renewal fees shall be the amount designated in the Master Fee Schedule, as amended by Council Resolution from time to time, pursuant to and in accordance with the procedures set forth in Government Code section 66018. All revenue derived from issuance or renewal of Industrial Wastewater Discharge Permits shall be deposited into the Sewer Service Revenue Fund. B. The regular permit fee and annual renewal fee shall include expenses incurred by the City for permit processing, data evaluation, routine on-site inspections, monitoring, sampling or chemical analysis whether performed by the City or other entity acting in the City'S behalf. Costs relative to permit violations are NOT included in the annual permit fee and will be billed separately in accordance with the provisions stated on the permit, and/or section 13.10.130. SECTION VIII. That a new Title 14 entitled " WATERCOURSES " is added to the Chu1a vista Municipal Code. SECTION IX. That Chapters 13.48, 13.52, 13.56, 13.60, 13.64, and 13.68 of the Chula vista Municipal Code are added to new Title 14 and renumbered, respectively, Chapters 14.04, 14.06, 14.08, 14.10, 14.14 and 14.18. SECTION X. Effective Date. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented By Approved as to form by John P. Lippitt, Director of Public Works .Ad,:-0 t:ZS "/7!q, D. Richard Rud f Asst. City Attorney 5~ - ~7 6/7/91 -- 42 -- Final RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO MAKE TECHNICAL REORGANIZATIONAL CHANGES AND ESTABLISH NEW INDUSTRIAL WASTEWATER DISCHARGE PERMIT FEES The City Council of the City of Chu1a Vista does hereby resolve as follows: WHEREAS, on June 18, 1991, the City Council adopted Ordinance No. making structural changes to Titles 3, 13 and 14 of the Chu1a vista Municipal Code relating to sewer fees; and WHEREAS, as a result of said ordinance, all fees by the City relating to sewers are now found in a new 13.14, necessitating reorganization and/or amendment comparable sections in the Master Fee Schedule; and imposed Chapter of the WHEREAS, the new ordinance imposes new fees wi th relation to industrial wastewater discharge permits necessitating new provisions in the Master Fee Schedule for the imposition of said fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby amend the amend the Master Fee Schedule as follows: 1. Section 3.20.020 is renumbered to Section 13.14.110. 2. Section 3.20.022 is renumbered to Section 13.14.120.. 3. Section 3.20.030 is renumbered to Section 13.14.130. 4. Section 13.14.020 is renumbered to Section 13.14.090. 5. Section 13.16.020 is renumbered to Section 13.14.020. 6. Section 13.16.170 is renumbered to Section 13.14~030. 7. Section 13.20.100 is repealed. 8. Section 13.20.110 is repealed. 9. Section 13.20.120 is repealed. ~ -(J~ -1- 10. section 13.20.130 is repealed. 11. A new Section 13.14.170 is added to read: Sec. 13.14.170 Industrial wastewater Discharge Permit Fees. The fee for an initial, annual renewal, or amended industrial wastewater discharge permit required by Chula Vista Municipal Code Section 13.14.170 and section 13.10.060 shall be determined as follows: The fee shall be based upon the permit category (Table "A") to which the permitted industry is assigned, and the average daily volume of industrial wastewater discharged to the public sewer system in the amount set forth in Table "B". TABLE A Permit Category Description 1 Industries which discharge wastewater from a process subject to EPA categorical standards set forth in 40 Code of Federal Regulations, Section 403, Appendix C, as amended from time to time. The industr ies currently subject to EPA categorical standards are listed below in Table 1, but are subject to change. 2 Industries that are not subject to EPA categorical standards but which discharge wastewater containing toxic pollutants identified by EPA in 40 CFR, Section 403, Appendix B. The current list of toxic pollutants identified by EPA is set forth below in Table 2, but is subject to change. 3 Industr ies not subject to EPA ca tegor ical standards and which do not discharge wastewater containing EPA identified toxic pollutants. 3.A. -If'T -2- TABLE B Flow (Average Daily Industrial Wastewater Flow in Gallons Per Day 1 Permit Fee (Annual) Permit category 2 3 More than 100,000 50,001 to 100,000 25,001 to 50,000 10,001 to 25,000 100 to 10,000 Less than 100 $2,000 1,500 1,250 650 500 25 $1,200 1,000 600 500 275 25 $1,000 600 500 300 200 25 TABLE 1 INDUSTRIAL CATEGORIES Adhesives and Sealants Mfg. Aluminum Forming Asbestos Mfg. Auto Repair Battery Mfg. Bottling Plants Canneries Car/Truck Washes Cement Mfg. Coal Mining Coil Coating Copper Forming Electrical and Electronic Products Mfg. Electroplating Explosives Mfg. Feed Lots Fertilizer Mfg. Food processing Plants Glass Mfg. Gum and Wood Chemicals Mfg. Hospitals Ink Formulation Inorganic Chemicals Mfg. Iron and Steel Mfg. Laboratories Laundries Leather Tanning and Finishing Metal Finishing Metal MOlding and Casting Nonferrous Metals Forming Ore Mining and Dressing Organic Chemicals Mfg. packing Houses Paint Formulation Petroleum Refining Pesticides Mfg. Pharmeceuticals Mfg. Photoprocessing plastics Molding and Forming procelain Enameling Printing and Publishing procelain Enameling Rendering Rubber processing Soaps and Detergents Mfg. Steam Electric Power Generation Tars and Asphalt Mfg. Textile Mills Timer Products Processing Industries within these categories have been identified as potential dischargers of either prohibited wastes or toxic pollutants. Table 2 lists the toxic pollutants identified by the .Environmental Protection Agency- (EPA). 3~- 50 -3- TABLE 2 LIST OF 65 TOXIC POLLUTANTS IDENTIFIED BY EPA Acenaphthene Acrolein Acrylonitrile Aldrin/Dieldrin Antimony and compounds Arsenic and compounds Asbestos Benzene Benzidine Beryllium and compounds Cadmium and compounds Carbon tetrachloride Chlordane Chlorinated benzenes Chlorinated ethanes Chloralkyl ethers Chlorinated naphthalene Chloroform 2-Chlorophenol Chromium and compounds Copper and compounds Cyanides DDT and metabolites Dichlorobenzenes Dichlorobenzidine Dichloroethylenes 2,4-dichlorophenol Dichloropropane & Dichloropropene 2,4-dimethylphenol Dinitrotoluene Diphenylhydrazine Endosulfan and metabolites Endrin and metabolites Ethybenzene Fluoranthene Haloethers Halomethane Heptachor andmetabolites Hexachlorobutadiene Hexachlorocyclopentadiene Hexachlorocyclohexane Isophorone Lead and compounds Mercury and compounds Napththalene Nickel and compounds Nitrobenzene Nitrophenols Nitrosamines pentachlorophenol Phenol Phthalate esters POlychlorinated biphenyls (PCBS) polynuclear aromatic hydrocarbons Selenium and compounds Silver and compounds 2,3,7, 8-tetrachlorodibenzo- p-dioxin (TCDD) Tetrachloroethylene Thallium and compounds Toluene Toxaphene Trichloroethylene Vinyl chloride Zinc and compounds 12. Section 13.56.050 is renumbered to section 14.08.050 and amended to read: "The fee for a watercourse permit X$j~gj~~~ 14.08.050 of the Municipal that authorized for the grading permit 15.04.295 of the Muncipal Code." as author ized in Section Code shall be the same as under sections 15.04.290 and Presented by Approved as to form by John P. Lippitt, Director of Public Works 8944a J...w. .~ ~ D. R1chard Ru City Attorney ~--fI . ,''- I J..... James M Montqmncry -- Consultil1D Engineers. Inc City of Chula Vista Wastewater Rate Plan and Revenue Program May 1991 Serving the World's Environmental Needs T c!. fj 1 e. 7~)ll ~) 1 ,11 tdX aw ,1/193741 ;)!IJ Nn'n-I MacJi,;()I',Avc:IIIJ(' F'a";;:FI'?lkl. C.'llr1url"lld !Jl101 ..111M James M. Montgomery --- -- ,--- Consulting Engineers, Ine May 13, l':J':Jl .. Mr. John P. Lippitt Director of Public Works City of Chula Vista 276 Fourth Avenue Chula Vista, California 92010 Subject: Transmittal of Wastewater Rate Plan and Revenue Program Dear Mr. Lippitt: James M. Montgomery, Consulting Engineers, Inc. (JMM) is pleased to submit the enclosed City of Chula Vista Wastewater Rate Plan and Revenue Program, which will we understand will be included in the package given to your City Council. Frank Peters of the State Water Resources Control Board (SWRCB) has reviewed the final draft of this document and has given his verbal approval of the findings. The sewer service charges recommended in the report should enable the City to raise adequate revenues to allow for the proper operation and maintenance of the Chula Vista Sewerage System, meet current payment requirements to the City of San Diego for use of the Metropolitan Sewerage (Metro) System, and ease future rate increases that will become necessary to finance future Metro and San Diego Clean Water Program improvements. The recommended rate structure complies with the fair and equitable guidelines required by the SWRCB. The recommended sewer service charges for single family residences are consistent with your projections of last year. Should you have any questions or comments or should you require any assistance with presentations before the City Council or the Montgomery Planning Commission, please call me. Very truly yours, H~~ James R. Leserman Project Engineer Table of Contents Page Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Basic Methodology ......................................... 2 Montgomery Sanitation District Area . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . 2 Spring Valley Sanitation District ................................ 3 Cost Allocations ........................................... 3 Non-Rate Revenues ......................................... 4 User Classes ............................................. 4 Low-Income Users. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Billings . . . . . . . . . .. ...................................... 5 Revenue Program Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Rate Recommendations ...................................... 8 Appendix A - Cost Details .................................... A-I Appendix B - Partial Water User and Consumption Summary. . . . . . . . . . . . B-1 -i- Table No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Table of Contents List of Tables Title City of Chula Vista Cost Allocation Fiscal Year 1990-91 . . . . . . . . . City of Chula Vista Cost Allocation Fiscal Year 1991-92 . . . . . . . . . City of Chula Vista Cost Allocation Fiscal Year 1990-91 . . . . . . . . . City of Chula Vista Cost Allocation Fiscal year 1991-92 . . . . . . . . . Non-Rate Revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-Rate Revenue Allocation Fiscal Year 1991-92 . . . . . . . . . . . . . Proposed User Classifications and Assumed Pollutant Concentrations Summary of Users and Wastewater Characteristics ............. Operation and Maintenance Costs and Debt Service ............ Capital Cost Allocation ................................ Reserve Fund Increases ................................ Unit Cost Detennination ............................... Summary of Fund Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Revenue. . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . Proposed Sewer Service Charges . . . . . . . . . . . . . . . . . . . . . . . . . . -ll- Page No. 9 11 13 14 15 18 19 20 22 24 26 27 29 31 33 INTRODUCTION The City of Chula Vista is responsible for the operation and maintenance of the local collection system. Wastewater from the City of Chula Vista is discharged into the interceptors of the Metropolitan Sewerage (Metro) System, and conveyed to the Metro wastewater treatment facility at Point Lorna for treatment and disposal. The Metro facilities are currently owned and operated by the City of San Diego. Chula Vista makes various payments to the City of San Diego for the privilege of using the Metro system, in accordance with the terms of a contract between the two cities. Since the City of Chula Vista's treatment authority, the City of San Diego, has received Clean Water Grant funding in the past, state and federal rules and regulations require that a user charge program for Chula Vista must conform to certain limitations, as set forth in Clean Water Grant Program Bulletin 54 C. The bulletin was published by the State Water Resources Control Board (SWRCB), the state authority and federal representative on Clean Water Grant affairs. These state and federal regulations require that Chula Vista set sewer user charges at a level, which in combination with interest on operating funds and miscellaneous fees, are sufficient to at least offset system operation and maintenance costs. The costs of operating and maintaining the system must be allocated to user classes fairly and equitably based on the quantity and strength of the wastewater generated by the users. The City of Chula Vista's current user charge system is based solely on the allocation of costs to flow. Therefore the actual or estimated strength of each user or class of users must be considered in the determination of sewer service charges. This report sets forth the information and procedures used to develop a user charge program for Chula Vista. It is intended that the report become the basis for regular updates of the user charge program to ensure continued financial stability of the District and conformity with SWRCB guidelines. Incorporated into the report are Forms I through 6, which correspond to the Revenue Program format recommended by the SWRCB. The Metro System provides wastewater treatment and disposal to Chula Vista under the terms of a contract that, among other things, call for the payment of various charges, based on either flow or capacity. Chula Vista is currently entitled to 19.2 million gallons per day (mgd) of treatment capacity in the Metro System. The City estimates a current wastewater flow of approximately 12.8 mgd. -1- City of Chula Vista Wastewater Rate Plan and Revenue Program BASIC METHODOLOGY This revenue program addresses the revenue requirements of the City of Chula Vista Wastewater System for the 1991-92 fiscal year, beginning July I, 1991. The wastewater system serving the City of Chula Vista consists of two basic components: the City of Chula Vista collection and conveyance system and the San Diego Metro treatment and disposal system. Cost, budgetary, and demographic information provided by the Cities of San Diego and Chula Vista, and user data provided by the California American Water Company (as reported by City staff), Otay Water District, and Sweetwater Authority constitute the bases for the revenue program. Information provided by the City of Chula Vista includes a printout of all land uses for all parcels within the City, a list of large commercial users with wastewater generation over 25,000 gallons per day, cost reports by fund and functional area, depreciation schedules, and capital improvement programs. The City reports no bonded indebtedness for the City of Chula Vista Sewerage System. San Diego Metro cost information is derived from the "Wastewater Rate Study and Financial Plan: Accelerated Projects at Point Lorna (March 30, 1990)", costs projection tables produced by San Diego Clean Water Program staff, and conversations with San Diego staff and consultants. MONTGOMERY SANITATION DISTRICT AREA In 1986 the Montgomery Sanitation District was annexed into the City of Chula Vista. Along with other services in this formerly unincorporated area (Montgomery Area), wastewater collection and conveyance services became the responsibility of the City of Chula Vista. Since 1963 wastewater treatment and disposal services for the Montgomery Area have been and continue to be provided by the City of San Diego Metro Program. Since the annexation Chula Vista has maintained a distinction between the Montgomery Area and the Pre-Annexation Chula Vista area. Each area has distinct funds from which revenues are accrued and expenditures are made. It is assumed that the relative make-up of the two areas in terms of proportion of types of commercial users is identical and hence, the relative solids loadings are identical. The estimated strengths of the wastewater generated by the two areas are similar so all common costs are divided between the two areas in proportion to their respective flows. Within the next two or three years the City intends to eliminate the distinction and treat both areas of the City as one. Until that time, a separate revenue program must be performed for each portion, with separate unit cost developments for each. Forms I through 6 refer to the Pre-Annexation portion of the City while Forms 1M through 6M refer to the Montgomery Area. -2- City of Chula Vista Wastewater Rate Plan and Revenue Program SPRING VALLEY SANITATION DISTRICT A portion of the flow (approximately 2.2 MOD) that is generated within the Pre- Annexation Chula Vista area flows through the Spring Valley Sanitation District before entering the Metro system. Spring Valley passes on the Metro costs to Chula Vista plus a 10 percent surcharge for conveyance. COST ALLOCATIONS Detailed costs for Chula Vista's Wastewater Utility, as presented in City financial and accounting documents, are summarized in Appendix A. The Metro costs are summarized in Tables 1 and 2 for the 1990-91 and 1992 fiscal years, respectively. The costs presented in Tables 1 and 2 reflect the estimates made by the City of San Diego rather than the Chula Vista budgeted figures of Appendix A. The City of Chula Vista collection and conveyance system costs are summarized by major fund group in Tables 3 and 4. All costs are allocated to flow or suspended solids (SS). None are allocated at this time to the other major strength parameter, biochemical oxygen (BOD) because the Metro System currently has no secondary treatment and hence no costs related to BOD. In accordance with the Point Lorna Revenue Program and as presented in Tables I and 2, Metro O&M costs are allocated 51.8 percent to flow and 48.2 percent to suspended solids. Replacement, rehabilitation, and betterment costs are all allocated at 74.0 percent to flow and 26.0 percent to suspended solids. The line items in Tables 1 and 2 are those used by the City of San Diego with the exception of the "Internal Debt Service to the Metro Sinking Fund," which represent funds that Chula Vista is earmarking to partially offset anticipated additional payments to the Metro system for Clean Water Program upgrade projects, commencing with the 1992-93 fiscal year. The costs collected by the Spring Valley Sanitation District are included as part of the Metro Operation and Maintenance Costs and Metro 1 Betterment costs for Pre-Annexation Chula Vista. As presented in Tables 3 and 4 all costs associated with the operation, maintenance, and administration of the City of Chula Vista collection and conveyance system are entirely allocable to flow. A unit cost for each of these parameters is developed based on total wastewater flow and suspended solids loadings. -3- City of Chula Vista Wastewater Rate Plan and Revenue Program NON-RATE REVENUES Historically, the primary sources of revenues for Chula Vista's sewer utility has been the sewer service charges and Sewerage Facility Participation Fees. Investment Earnings and miscellaneous fees account for other sources. The Sewer Service Charges are developed as a result of this study. Sources of revenues other than sewer services charges are not contingent upon the costs of operating and maintaining the system and are presented by fund in Table 5. For purposes of providing a conservative estimate, it is assumed that revenues for the 1991-92 fiscal year are identical to those of 1990-91 with the exception of Sewerage Facility Participation Fees. The Sewerage Facility Participation Fee is deposited in Fund 222, the Trunk Sewer Capacity Reserve Fund represents the amount the City projects will be collected from new users to the system. The decrease from $2.1 million to approximately $1.1 million is anticipated because of a decline in the new residential construction and the assumption of limitations on new water hook-ups due to the severity of the drought afflicting California. The Non-Rate Revenues are allocated based on the same parameters as the costs of Tables 1 through 4 and are presented in Table 6. According to SWRCB guidelines, Sewer Service Charges, interest on the Sewer Service Revenue Funds, and miscellaneous fees related to the operation and maintenance of the wastewater enterprise must be sufficient to at least cover operations and maintenance expenses. Any remaining funds can be applied to capital projects. Sewer Participation Fees and interest on non-operating funds can only be applied to capital projects. USER CLASSES As presented in Table 7, the proposed user classes include residential, low-strength commercial (less than 200 mg/l SS), medium-strength commercial (200 through 499 mg/l SS), high strength commercial (greater than 500 mg/l SS), and other categories, which include high volume users (wastewater discharge greater than 25,000 gpd) and septage, whose rates are determined individually. The pollutant concentrations for these classes of users are taken from the SWRCB Revenue Program Guidelines. Any commercial establishment that cannot reasonably be assigned to one of these categories is identified as "Basic Commercial." For large users that sample wastewater discharge, the sampling results are used in lieu of the SWRCB estimates. The City of Chula Vista reports six high volume users within the City: Community Hospital of Chula Vista, Prudential Overall Supply, Rohr Industries, Scripps Memorial Hospital, Southwestern College, and Vista Hill Hospital. When the Metro System begins to incur charges related to BOD, upon start-up of secondary treatment facilities, the commercial categories will be redefined. The pollutant concentrations are taken from the SWRCB Revenue Program Guidelines. Any commercial establishment that cannot reasonably be assigned to one of these categories -4- City of Chula Vista Wastewater Rate Plan and Revenue Program is identified as "Basic Commercial", which falls within the "Low Strength" category. The number of each type of commercial establishment within the City is listed in City of Chula Vista Document CP403, "Land Use Inventory Detail Totals BJf RLUC/Assessor No. Sequence." LOW-INCOME USERS The SWRCB allows charges to low-income single family users to be reduced if certain conditions are met. The reduction must be based strictly on income and not age or handicap status. The City must establish what the maximum income level that qualifies and the percent reduction from regular single family users. Applicants seeking relief must provide proof of annual income. The reduction in revenue must be absorbed by all other users. The City of Chula Vista reports 293 low-income households, all located in the Pre- Annexation Area. The City maintains a 30 percent reduction below the regular single family charge. No low income users for the Montgomery Area are shown because residents were not previously eligible for the reduction. However, the recommended rates below contain a low-income rate in case any are approved in the coming fiscal year. BILLINGS Sewer service charges for the Pre-Annexation Area are collected on the user's water bill by either the Otay Water District or the Sweetwater Authority. The Montgomery Area service charges have been and continue to be collected by the San Diego County Tax Assessor on the property tax rolls. City staff is currently examining alternative means of collecting service charges. REVENUE PROGRAM FORMS A description of the assumptions and methodqlogy behind the development of the forms is presented in this section. Not all of the line items cited in the original forms prepared by the SWRCB are present because Chula Vista is a subscribing agency to a grant recipient and was not responsible for the construction or operation of the grant funded projects. For reasons discussed above, no allocations are made to BOD. SWRCB Form I--Summary of User and Wastewater Characteristics (Table 8) For the Pre-Annexation Area, the numbers of single family residences (SFRs) and multi- family units are reported by the Otay Water District, Sweetwater Authority, and the California American Water Company. -5- City of Chula Vista Wastewater Rate Plan and Revenue Program None of the water purveyors distinguish among types of commercial accounts. The City's land use report distinguishes among the types of commercial establishments. The relative number of commercial users and their respective flows is estimated by applying the percentage of all commercial accounts that each category represents to the number of accounts and volume of flows in the commercial category reported by Otay and Sweetwater. The percentages are as follows: Low-Strength Commercial 82.7 percent, Medium Strength Commercial 9.3 percent, and High Strength Commercial 8.0 percent of the almost 4,600 commercial establishments in Chula Vista. The determination of the user class is derived from City planning documents, which describe the type of business on each parcel of land within the City. A flow of 220 gallons per day per Single Family Residence (SFR) is assumed. This flow rate represents a reduction from past estimates, reflecting the community's water conservation efforts and is consistent with the reduced flows recorded in the City's flow monitoring reports and with other communities in San Diego County. It is assumed that each apartment unit generates 75 percent of the wastewater as a SFR, or 165 gallons per day. For each of the other categories, it is assumed that 90 percent of the average annual water consumption (as reported for the most recent 12-month period by Otay and Sweetwater) is discharged to the sewer system. The strength of residential wastewater is assumed to be 200 mg/l each for BOD and suspended solids. The strength of the commercial categories represent the flow-weighted average of the various categories within each class presented in Table 7. The remainder of the form is self-evident, with the indicated columns representing the product of preceding columns. The resulting wastewater flow for the Pre-Annexation Area is 10041 MOD. The same approach is employed for the Montgomery Area where an estimated 2.36 MOD of wastewater is generated. SWRCB Form 2--0perations and Maintenance Costs and Debt Service (Table 9) This form summarizes elements of Tables 1 through 4. The payments to the Metro System include only the operation and maintenance components of the Metro costs. The capital component is presented in Table 10 (SWRCB Form 3). The operating reserve line item in the "3. Other" category represents the anticipated excess of revenues over expenditures of the various capital improvement funds budgeted for the 1991-92 fiscal year. The reserve fund increases are detailed in Table 11. SWRCB Form 3--Capital Costs Allocations (Table 10) All of the capital improvements contemplated by the City of Chula Vista involve parallel sewer construction and other projects related to capacity expansion. Replacement and rehabilitation projects are not considered here, as they are part of operation and -6- City of Chula Vista Wastewater Rate Plan and Revenue Program maintenance. The Metro capital projects include payments Chula Vista will make to Metro and the Internal Debt Service that Chula Vista contributes to its own funds for future Metro capital improvement payments. SWRCB Form 4..Unit Cost Determination (Table 12) This form summarizes all the costs categories and breaks them down into unit costs per million gallons per day (MOD) of wastewater flow or per pound per day (ppd) of suspended solids. Capital Outlay and Debt Service are described above. The Capital Outlay portion pertains strictly to collection and conveyance equipment and are allocated solely to flow. The O&M costs are derived from Tables 2 and 4 and Table 9 (SWRCB Form 2). The Non-Rate Revenue represents the sum of investment earnings, miscellaneous income and sewer facility participation fees (connection fees). These revenues must also be allocated to flow and suspended solids and be deducted from the total costs to determine the revenue requirements, as presented in Table 6. The capacity payments should be maintained in the Trunk Sewer Capacity Reserve Fund and applied only towards expansion related projects, such as construction of parallel sewers or payment towards additional capacity in the Metro System over and above what Chula Vista currently utilizes. The Net Revenue Requirement represents the estimated amount of funds that must be raised from users in the 1991-92 fiscal year. The unit costs will be applied to the estimated flow and suspended loadings of each class to determine an overall rate. SWRCB Form 5--Summary of Fund Costs (Table 13) The unit costs are taken directly from Item 7, Column 5 in Table 12 (SWRCB Form 4). They are multiplied by the relevant wastewater flow or solids loading to yield a class total and average rate per unit flow of wastewater generated. To translate these rates to a charge per unit of water consumed, the rate must be multiplied by the proportion of water consumed that is discharged to the sewer, which is estimated at 90 percent for both commercial and multi-family establishments. SWRCB Form 6.. Total Revenue (Table 14) This form allocates the cost and revenue categories from Table 12 (SWRCB Form 4) to the various user classes. -7- City of Chula Vista Wastewater Rate Plan and Revenue Program RATE RECOMMENDATIONS Table 15 translates the rates from Table 13 (SWRCB Form 5) and Table 14 (SWRCB Form 6) to the units that the City utilizes in the Sewer Service Charges. For the 1991-92 fiscal year, the City will continue to assess flat rates for single family residential units. In the Montgomery Area, multi-family charges will also be assessed a flat rate. All other users will receive variable charges based on the volume of water consumed. Single Family Residence charges are stated in dollars per month for the Pre-Annexation Area and dollars per year for the Montgomery Area because the Pre-Annexation Area Sewer Service Charges are collected with the monthly or bi-monthly water bills, while the Montgomery Area receipts are collected annually on the County Tax Rolls. This model can very easily determine what the variable charge would be for single family residences once a sewer discharge factor is estimated. For example, if it is assumed that 75 percent of the water consumed is discharged to the sewer, the average unit costs from Table 13 (SWRCB Form 5) would be multiplied by 0.75, yielding a sewer charge in the Pre-Annexation Area of $1.02 per hundred cubic feet (hcf) of water consumed for regular customers and $O.72/HCF for low-income users. In the Montgomery Area, the charges would be $O.92/hcf and $O.64/hcf for regular and low-income users, respectively. The rates in Table 15 should be adopted by the City to ensure that sufficient revenues are raised to operate and maintain the City's wastewater collection and conveyance system and to make the payments to the City of San Diego for use of the Metro System. These charges are largely consistent with projections made by City staff in July 1990 of single family Sewer Service Charges for the 1991-92 fiscal year. These projections anticipated a 16.5 percent increase from $10.41 to $12.13 per month for Pre-Annexation Chula Vista and a 30.2 percent increase from $8.35 to $10.87 for the Montgomery Area. The recommended increases in charges for multi-family and commercial/industrial users are substantially higher. These proportionately higher charges are a result of applying the fair and equitable guidelines of the SWRCB by allocating charges to both flow and strength. -8- Table 1 'CITY OF CHULA VISTA COST ALLOCATION fiscaL Year 1990-91 Assumed FLows (MGD) Pre-Annex. Chula Vista Montgomery Area 10.41 2.36 FLow Altocation Percentage Amount Suspended Solids Allocation Percentage Amount Total San OieQo Metro Costs Pre-Annexation Chula Vista Area Capital Projects Fixed Capacity Charges CUP Upgrade Costs CUP Upgrade Costs Reduced by Debt Service CWP Proposed Debt Service CUP Front Funding Payback Metro I Betterment Costs Internal Debt Service to Metro Sinking Fund Subtotal--Capital o & M Expenses Subtotal--Metro Casts (Pre-Annexation CV) Montgomery Area Capital Projects 74.0:1: 131,483 26.0% 46,197 177,679 74.0% 6,277,396 26.0% 2,205,572 8,482,967 74.0:1: 0 26.0% 0 0 74.0:1: 0 26.0:1: 0 0 74.0:1: (6,706,826) 26.0:1: (2,356,452) (9,063,278) 74.0:1: 320,701 26.0% 112,679 433,380 74.0:1: 782,180 26.0% 274,820 1,057,000 74.0% 804,934 26.0% 282,815 1,087,749 51.8:1: 1,083,692 48.2% 1,008,377 2,092,069 59.4:1: 1,888,626 40.6% 1,291,192 3,179,818 Fixed Capacity Charges 74.0% 29,837 26.0% 10,483 40,321 CUP Upgrade Costs 74.0% 1,424,524 26.0% 500,508 1,925,033 CUP Upgrade Costs Reduced by Debt Servi ce 74.0% 0 26.0% 0 0 C~P Proposed Debt Service 74.0% 0 26.0% 0 0 C~P Front Funding Payback 74.0% (1,521,974) 26.0% (534,748) (2,056,722 ) Metro I Betterment Costs 74.0:1: 71,270 26.0% 25,041 96,311 Internal Debt Service to Metro Sinking Fund 74.0% 133,200 26.0% 46,800 180,000 Subtotal--Capital 74.0% 136,857 26.0:1: 48,085 184,942 o & M Expenses 51.8:1: 239,535 48.2% 222,887 462,422 Subtota l- -Metro Costs (Montgomery Area) 58.1% 376,391 41.9% 270,972 647,364 04/12/91 -9- Table 1 CITY OF CHULA VISTA COST ALLOCATION Fiscal Ye.r 1990-91 ~ Flows (MGO) Pre.Annex. ChuLa Vista Montgomery Area 10.41 2.36 Flow ALlocation Percentage Amount Suspended Solids Allocation Percentage Amount Total Combined Metro System Costs Capital pr~jects Fixed Capacity Charges CYP Upgrade Costs CYP Upgrade Costs Reduced by Debt Service CYP Proposed Debt Service CYP Front Funding Payback Metro I Betterment Costs Internal Debt Service to Metro Sinking Fund Subtotal--Capital o & M Expenses Total--Metro Charges 74.0X 161,320 26.0X 56,6BO 21B,OOO 74.0X 7,701,920 26.0X 2,706, OBO 10,40B,OOO 74.0X 0 26.0X 0 0 74.0X 0 26.0X 0 0 74.0X (B,22B,BOO) 26.0X (2,B91,200)(11,120,OOO) 74.0X 391,971 26.0X 137,719 529,"690 74.0X 915,3BO 26.0X 321,620 1,237,000 6B.7X 1,318,182 31.3X 601,872 1,920,054 51.8X 1,323,226 4B.2X 1,231,265 2,554,491 59.0X 2,641,409 41.0X 1 ,B33, 136 4,474,545 04/12/91 -1()" Table 2 CITY OF CHULA VISTA COST ALLOCATION Fiscal Year 1991-92 ~ Flows ~ Pre.Annex. Chula Vista 10.41 Montgomery Area 2.36 Flow Allocation Percentage Amount Suspended Solids Allocation Percentage Amount Total i20 0 i eQO !itl!:2 f2lli Pre-Annexation Chula Vista Area Capital Projects Fixed Capacity Charges CUP Upgrade Costs CUP Upgrade Costs Reduced by Debt Service CUP Proposed Debt Service CUP Front Funding Payback Metro I Betterment Costs InternaL Debt Service to Metro Sinking Fund Subtotal..Capital o & M Expenses Subtotal--Metro Costs (Pre-Annexation CV) Montgomery Area Capital Projects 74.0X 131,483 26.0X 46,197 177,679 74.0X 4,307,567 26.0X 1,513,470 5,821,037 74.0X 0 26.0X 0 0 74.0X 0 26.0X 0 0 74.0X (4,848,577) 26.0X (1,703,554) (6,552,131) 74.0X 354,185 26.0X 124,443 478,628 74.0X 2,146,000 26.0X 754,000 2,900,000 74.0X 2,090,658 26.0X 734,556 2,825,214 51.8X 1,058,077 48.2X 984,543 2,042,620 64.n 3,148,736 35.3X 1,719,099 4,867,834 Fixed Capacity Charges 74.0X 29,837 26.0X 10,483 40,321 CUP Upgrade Costs 74.0X 977,513 26.0% 343,450 1,320,963 cup Upgrade Costs Reduced by Debt Service 74.0% 0 26.0% 0 0 CUP Proposed Debt Service 74.0% 0 26.0X 0 0 CUP Front Funding Payback 74.0% (1,100,283) 26.0% (386,586) (1,486,869) Metro I Betterment Costs 74.0X 78,711 26.0% 27,655 106,366 Internal Debt Service to Metro Sinking Fund 74.0% 421,800 26.0X 148,200 570,000 Subtotal..Capital 74.0X 407,577 26.0% 143,203 550,780 o & M Expenses 51.8% 235,138 48.2X 218,796 453,934 Subtotal--Metro Costs (Montgomery Area) 64.0X 642,715 36.0% 361,999 1,004,714 04/12/91 -11.- Table 2 CtTY OF CHUlA VISTA COST ALLOCATION Fiscal Year 1991.92 Assumed Flows iMllill Pre-Annex. Chule Vista 10.41 Montgomery Area 2.36 Flow ALLocation Percentage Amount Suspended Sol ids Allocation Percentage Amount TotaL Combined Metro System Costs Capital Projects Fixed Capacity Charges CYP Upgrade Costs CWP Upgrade Costs Reduced-by Debt Service CYP Proposed Oebt Service CWP Front Funding Payback Metro J Betterment Costs Internal Debt Service to Metro Sinking Fund Subtotal--Capital o & M Expenses Total--Metro Charges 74.0% 161,320 26.0% 56,680 218,000 74.0% 5,285,080 26.0% 1,856,920 7,142,000 74.0% 0 26.0% 0 0 74.0% 0 26.0% 0 0 74.0% (5,948,860) 26.0% (2,090;140) (8,039,000) 74.0% 432,896 26.0% 152,099 584,994 74.0% 2,567,800 26.0% 902,200 3,470,000 71. 7X 3,140,951 28.3% 1,239,758 4,380,709 51.8% , ,293,215 48.2% 1,203,339 2,496,555 64.5% 4,434,166 35.5% 2,443,097 6,877,263 04/12/91 -12- Table 3 CITY OF CHULA VISTA COST ALLOCATION Fiscal Year 1990-91 ~ Flows ~ Pre-Annex. Chula Vista Montgomery Area 10.41 2.36 Flew Allocation Percentage Amount Suspended Solids Allocation Percentage Amount TotaL Citv of Chula Vista Collection System ~ Pre-Annexation Chula Vista Area Capital Improvements Sewer Income Fund Special Sewer Fund Trunk Sewer Fund Subtotal Capital OM&R Sewer Service Revenue Fund Sewer Facilities Replacement Fund Subtotal OM&R Subtotal Pre-Annexation Chula Vista Area Montgomery Area Montgomery Sewer Service Revenue Fund Montgomery Sewer RepLacement Fund SubtotaL Montgomery Area Total City of Chula Vista Collection Costs 100.0% 100.0% 100.0% o 73,400 627,300 700,700 100.0% 1,995,674 100.0% 454,146 100.0% 2,449,820 100.0% 3,150,520 100.0% 100.0% 452,908 65,854 100.0% 518,762 100.0% 3,669,282 -13- 0.0% 0.0% 0.0% o o o o 73,400 627,300 o 700,700 0.0% 0.0% o 1,995,674 o 454,146 0.0% o 2,449,820 0.0% o 3,150,520 0.0% 0.0% o o 452,908 65,854 0.0% o 518,762 0.0% o 3,669,282 04/12/91 Table 4 CITY OF CHULA VISTA COST ALLOCATION Fiscal Year 1991-92 Assumed Flows .illQQl Pre-Annex. Chula Vista Montgomery Area 10.41 2.36 Flow Allocation Suspended Solids Allocation Percentage Amount Percentage Amount TotaL City of Chute Vista Collection System ~ Pre-Annexation Chula Vista Area Capital Improvements Sewer Income Fund 100.0X 0 O.OX 0 0 Special Sewer Fund 100.0X 0 0.0% 0 0 Trunk Sewer Fund 100.0% 700,000 O.OX 0 700,000 SubtotaL Capital 700,000 0 700,000 OM&R Sewer Service Revenue Fund 100.0% 1,804,003 0.0% 0 1,804,003 Sewer Faci l ities Replacement Fund 100.0% 572,706 0.0% 0 572,706 Subtotal OM&R 100.0% 2,376,709 0.0% 0 2,376,709 Subtotal Pre-Annexation Chula Vista Area 100.0% 3,076,709 0.0% 0 3,076,709 Montgomery Area Montgomery Sewer Service Revenue Fund 100.0% 395,302 0.0% 0 395,302 Montgomery Sewer Replacement Fund 100.0% 65,854 0.0% 0 65,854 SubtotaL Montgomery Area 100.0% 461,155 0.0% 0 461,155 Total City of Chula Vista Collection Costs 100.0% 3,537,865 0.0% 0 3,537,865 04/12/91 -14. Table 5 NON-RATE REVENUES 1990-91 Budgeted 1991-92 220 Sewer Income Fund 3501 Investment Earnings 3521 Sewer Repayment Fees 3771 Sewer Income Assessments 4022 Sewer Repayment Fee~Contractor 4023 Sewer Repayment Fee~Rice Canyon Fund Total 221 Special Sewer Fund 3501 Investment Earnings 3813 Sale of Metro Capacity Rights Fund TotaL 222 Trunk Sewer Capital Reserve Fund 3501 Investment Earnings 3762 Sewerage FaciLity Participation Fee 3853 Reimbursement Other Agency 47,000 5,000 o 10,000 20,000 82,000 49,000 110,400 159,400 359,000 2,100,000 o 47,000 5,000 o 10,000 20,000 82,000 49,000 1'0,400 159,400 359,000 1,110,000 o 223 Montgomery Sewer Service Revenue Fund Fund Total 2,459,000 1,469,000 3501 Investment Earnings 3860 District Assessments 4098 Other Non-Revenue Receipts Metro Rebates Fund Total -15- 74,000 o o 328,362 402,362 72,000 o o o 72,000 04/12/91 Table 5 NON-RATE REVENUES 1990-91 1991-92 Budgeted 224 Montgomery Sewer Replacement Fund 3501 Investment Earnings 74,000 74,000 74,000 74,000 225 Sewer Service Revenue Fund 3501 Investment Earnings 312,000 310,000 3860 District Assessments 0 0 4096 P.Y. Revenue/Bank Racon Adj 0 0 4098 Other Non-Revenue Receipts 1,000 1,000 Metro Rebate 425,594 0 Fund Total 738,594 3'1,000 226 Sewer FaciLity Replacement Fund 3501 Investment Earnings 49,000 49,000 Fund Total 49,000 49,000 Total for All Funds 3,964,356 2,216,400 04/12/91 -16- Table 5 NON-RATE REVENUES 1990-91 Budgeted 1991-92 SlITmary 200 Sewer Income Fund 221 Special Sewer Fund 222 Trunk Sewer CapitaL Reserve Fund 223 Montgomery Sewer Maintenance Fund 224 Montgomery Sewer Replacement/Expansio 225 Sewer Service Revenue Fund 226 Sewer Replacement Fund 82,000 159,400 2,459,000 402,362 74,000 738,594 49,000 82,000 159,400 1,469,000 72,000 74,000 311,000 49,000 3,964,356 2,216,400 -17.' 04/12/91 Table 6 NON-RATE REVENUE ALLOCATION Fiscal Year 1991-92 Flow Suspended Solids Allocatlon Allocation Percentage Amount Percentage Amount Total Pre-Annexation Area Sewer Income Fund 100.0% 82,000 0.0% 0 82,000 Special Sewer Fund 100.0% 159,400 0.0% 0 159,400 Trunk Sewer Fund 100.0% 1,469,000 0.0% 0 1,469,000 Sewer Service Revenue Fund 80.8% 251,297 19.2% 59,703 311,000 Sewer Facilities Replacement Fund 80.8% 39,593 19.2% 9,407 49,000 96.7% 2,001,290 3.3% 69,110 2,070,400 Montgomery Area Montgomery Sewer Service Fund 76.5% 55,074 23.5% 16,926 72,000 Montgomery Sewer Replacement 100.0% 74,000 0.0% 0 74,000 88.4% 129,074 11.6% 16,926 146,000 Total Non-Rate Revenue 96.1% 2,130,364 3.9% 86,036 2,216,400 05/09/91 -18- Table 7 PROPOSED USER CLASSIFICATIONS AND ASSUMED POLLUTANT CONCENTRATIONS BOD <ppml SS <ppm> User Classification Residential 200 200 Low-StrenQth Commercial Basic Commercial Car Wash Department & Retail Stores Hotels w/o Dining Facilities Hospital & ConvaLescent Laundromat Professional Office School & College Soft Water Service 150 20 150 310 250 150 130 130 3 150 150 150 120 100 110 80 100 55 Medium-StrenQth Commercial Bars w/o Dining Facilities Commercial Laundry Repair Shop & Service Station Shopping Center 200 450 180 400 200 240 280 432 Hiqh-StrenQth Commercial Auto Steam Cleaning Bakery, Wholesale Hotel with Dining Facilities Industrial Laundry MOf'tuaries Restaurant Supermarkets 1,150 1,000 500 670 800 1;000 800 1,250 600 600 680 800 600 800 Other Sept age 5,400 12,000 -19- Table 8 FORM 1 City of Chula Vista (Pre~Annexation Area) Fiscal Year 1991-92 05/08/91 Summary of Users and ~astewater Characteristics User Groups ADWF BOO MOD MO/L DES I ON CAPACITY DESIGN BOO FLOW LBS/DAY MOD (DxFx 8.34) SS LBS/DAY (ExFx 8.34) VOLUME MO (Cx365) TOTAL ANNUAL BOO LBS (CxDx3044) CAPAC ITY SS LBS (CxEx3044 ) WASTEWA1ER CHARAC1ERISTICS Numer of Users SS MO/L 24,122 SingLe Family Residential 5.3068 200 200 5.3068 8,852 8,852 1,937 3,230,804 3,230,804 293 Low-Income Residential 0.0645 200 200 0.0645 108 108 24 39,243 39,243 16,642 Multi-Family Residential (Units) 2.7459 200 200 2.7459 4,580 4,580 1,002 1,671,722 1,671,722 2,853 low Strength Commercial 1. 4886 146 125 1. 4886 1,813 1,552 543 661,570 566,412 , 321 Medium Strength Commercial 0.1674 265 0.1674 '" 300 370 419 61 135,035 152,870 0 , 276 High Strength Commercial 0.1440 978 622 0.1440 1,175 747 53 428,693 272,645 1 Community HospitaL of CV 0.0481 250 100 0.0481 100 40 18 36,610 14,644 1 Prudential OveralL Supply 0.0265 3,575 1,430 0.0265 789 316 10 287,946 115,178 1 Rohr Industries 0.2482 440 142 0.2482 911 294 91 332,456 107,293 1 Scripps Memorial HospitaL 0.0271 250 100 0.0271 57 23 10 20,631 8,252 1 Southwestern College 0.1173 250 82 0.1173 245 80 43 89,249 29,274 1 Vista Hill Hospital 0.0226 250 100 0.0226 47 19 8 17,226 6,891 44,513 Total 10.4070 219 196 10.4070 19,045 17,029 3,799 6,951,185 6,215,228 05/08/91 FORM 1M Table 8/-1 City of Chula Vista (Montgomery Area) Fiscal Year 1991-92 04/11/91 Summary of Users and Yastewater Characteristics WASTEWATER CHARACTERISTICS User Groups ADWF BOD MGD MG/L DESIGN CAPACITY DESIGN BOD FLOW LBS/OA Y MGO (DxFx 8.34) SS LBS/OAY (ExFx 8.34) VOLUME MG (Cx365 ) TOTAL ANNUAL BOD LBS <CxOx3044) CAPAC ITY SS LBS (CxEx3044) Nunber of Users SS MG/L 3,756 Single Famlly Residential 0.83 200 200 0.83 1,378 1,378 302 503,064 503,064 3,305 MuLti-family Residential (Units) 0.55 200 200 0.55 910 910 199 331,994 331,994 1,031 low Strength Commercial 0.82 146 125 0.82 997 854 299 363,863 311,527 , 116 Medium Strength Commercial 0.09 265 300 0.09 203 230 34 74,269 84,078 '" ~ 100 High Strength Commercial 0.08 978 622 0.08 646 411 29 235,7Bl 149,955 , 8,308 Total 2.36 48 44 2.36 4,134 3,783 862 1,50B,971 1,380,617 Table 9 FORM 2 City of Chula Vista (Pre-Annexation Area) Operation and Maintenance Costs and Debt Service 04/12/91 COST CATEGORY CURRENT YEAR ESTIMATED COST 1990-91 1991-92 1_ TREATMENT FACILITIES (City of Chula Vista portion of San Diego Metro Costs) 2,092,069 2,042,620 2. COLLECTION SYSTEM O&M 1,501,928 1,285,570 Replacement Costs 454,146 572,706 SUBTOTAL 1,956,074 1,858,276 3. OTHER Administrative Support 493,746 518,433 Reserve Fund Increases 529,700 1,010,400 Other 0 0 SUBTOTAL 1,023,446 1,528,833 4. TOTAL O&M COSTS 5,071,589 5,429,730 5. DEBT SERVICE PRINCIPAL & INTEREST 0 0 5,071,589 5,429,730 -22- Table 9~1 fORM 2tl City of Chula Vista (Montgomery Area) Operation and Maintenance Costs and Debt Service 04/12/91 COST CATEGORY CURRENT YEAR 1990-91 ESTIMATED COST 1991-92 1_ TREATMENT fACILITIES (City of Chula Vista portion of San Diego Metro CostS) 462,422 453,934 2. COLLECTION SYSTEM o&M 348,903 286,096 Replacement Costs 65,854 65,854 SUBTOTAL 414,757 351,950 3. OTHER Administrative Support 104,005 109,205 Reserve Fund Increases 74,000 74,000 Other 0 0 - - SUBTOTAL 178,005 183,205 4. TOTAL o&M COSTS 1,055,184 989,090 5. DEBT SERVICE PRINCIPAL & INTEREST 0 0 1,055,184 989,090 -23- Table 10 FORM 3 Capital Cost Allocation City of Chula Vista (Pre-Annexation Area) Fiscal Year 1991-92 TOTAL COST FLOW BOD SS $ % $ % $ % $ COSTS: COLLECTION SYSTEM 700,000 100.0% 700,000 0.0% 0 0.0% 0 2 TREATMENT PLANT 2,825,214 74.0% 2,090,658 0 0 26.0% 734,556 3 OLTFALL/INTERCEPT 0 0 0 0 0 0 0 7 SUBTOTAL - ALL COSTS 3,525,214 79.2% 2,790,658 0 0 20.8% 734,556 -24- Table lOH FORM VI Capital Cost Allocation City of Chula Vista (Montgomery Area) Fiscal Year 1991-92 04/11/91 TOTAL COST FLOW BOD SS % $ % $ % $ COSTS: 1 COLLECTION SYSTEM 65,854 100.0% 65,854 0.0% 0 0.0% 0 2 TREATMENT PLANT 550,780 74.0% 407,577 0 0 26.0% 143,203 3 OUTFALL/INTERCEPT 0 0.0% 0 0 0 0 0 7 SUBTOTAL - ALL COSTS 616,634 76.8% 473,431 0 0 23.2% 143.203 -25- Table 11 Reserve Fund Increases 1990-91 Budgeted 1991-92 Pre.Annexation Chula Vista 220 Sewer Income Fund 221 Special Sewer Fund 222 Trunk Sewer Capital Reserve Fund 225 Sewer Service Revenue Fund 226 Sewer Service RepLacement Fund Subtotal..Pre-Annexation Chula Vista Montgomery Area 223 Montgomery Sewer Service Fund 224 Montgomery Sewer Replacement/Expansion Fund Subtotal.-Montgomery Area 8,600 82,000 159,400 159,400 361,700 769,000 0 0 0 0 529,700 1,010,400 o 74,000 o 74,000 74,000 74,000 -26- 04/12/91 Table 12 FORM 4 City of Chula Vista (Pre-Annexation Area) Unit Cost Determination Fiscal Year 1991-92 04/11/91 Parameter Annual Cost Total Unit Costs At Location At Located Quantities For Each Cost Category Percentages to Each (MGD or ppd) Parameter Parameter 1. CAPITAL OUTLAY Flow 79.2X 2,790,658 10.41 $268,153 per MGO BOD O.OX 0 19,045 0 SS 20.8X 734,556 17,029 43 3,525,214 2. OEBT SERVICE FLow O.OX 0 10.41 $0 per MGD BOO O.OX 0 19,045 0 SS O.OX 0 17,029 0 per ppd 0 3. O&M Flow n.n 3,434,787 10.41 330,047 per MGD BOD O.OX 0 19,045 0 SS 22.3X 984,543 17,029 57.8171 per ppd 4,419,330 4. RESERVE FUNDS FLow 100.0X 1,010,400 10.41 97,089 per MGD BOO 0 0 19,045 0 SS O.OX 0 17,029 0.0000 per ppd 1,010,400 5. TOTAL Flow 80.8X 7,235,845 10.41 695,288 per MGD BOD O.OX 0 19,045 0 SS 19.2X 1,719,099 17,029 100.9537 per ppd 8,954,944 6. NON-RATE REVENUE Flow 96.n 2,001,290 10.41 192,303 per MGD BOD O.OX 0 19,045 0 SS 3.3X 69,110 17,029 4.0585 per ppd 2,070,400 7. NET RATE REVENUE REQUIREMENT Flow 76.0X 5,234,555 10.41 502,985 per MGO BOO O.OX (0) 19,045 (0) SS 24.0X 1,649,989 17,029 96.8953 per ppd 6,884,544 -27- Table 12H FORM 41\ City of Chula Vista (Montgomery Area) Unit Cost Determination Fiscal Year 1991-92 04/11/91 Parameter Annual Cost Total Unit Costs ALLocation Allocated Quantities For Each Cost Category Percentages to Each (MGD or ppd) Parameter Parameter 1. CAPITAL OUTLAY FLow 76.8% 473,431 2.36 $200,467 per MGD BOO 0.0% 0 4,134 0 SS 23.2% 143,203 3,783 38 616,634 2. DEBT SERVICE Flow 0.0% 0 2.36 $0 per MGO BOO 0.0% 0 4,134 0 SS 0.0% 0 3,783 0 0 3. O&M Flow 74.2% 630,439 2.36 266,949 per MGD BOO 0.0% 0 4,134 0 SS 25.8% 218,796 3,783 57.8422 per ppd 849,236 4. RESERVE FUNDS Flow 100.0% 74,000 2.36 31,334 per MGO BOO 0 0 4,134 0 SS 0.0% 0 3,783 0.0000 per ppd 74,000 5. TOTAL Flow 76.5% 1,177,871 2.36 498,750 per MGO BOO 0.0% 0 4,134 0 SS 23.5% 361,999 3,7B3 95.7002 per ppd 100.0% 1,539,870 6. NON-RATE REVENUE FLow 88.4% 129,074 2.36 54,654 per MGD BOO 0.0% 0 4,134 0 SS 11.6% 16,926 3,783 4.4747 per ppd 100.0% 146,000 7. NET RATE REVENUE REQUIREMENT FLow 75.2% 1,048,797 2.36 444,096 per MGD BOO 0.0% 0 4,134 0 SS 24.8% 345,073 3,783 91.2255 per ppd 100.0% 1,393,870 -28- Table 13 FORM 5 City of Chula Vista (Pre-Annexation Area) Summary of Fund Costs 05/08/91 N..wer of Users User Group FlOY BOO Unit Cost= $502,985 Unit Cost ss o Unit Cost = S96.90 Total Average Unit Cost: (S/hcf) MGD S PPO S PPD S S 24,122 Single Family Residential 5.3068 2,674,223 8,852 0 8,852 859,323 3,533,546 1.36 293 low Income Residential 0.0645 22, 756 108 0 108 7,312 30,068 0.96 , 16,642 Multi-Family ResidentiaL (Units) 2.7459 1,383,729 4,580 0 4,580 444,641 1,828,371 1.36 2,853 Low Strength Commercial 1.4886 750, 135 1,813 0 1,552 150,653 900,789 1.24 , 321 Medium Strength Commercial 0.1674 84,356 370 0 419 40,660 125,016 1.53 ll:l 276 High Strength Commercial 0.1440 72,564 1,175 0 747 72,518 145,082 2.06 , 1 Community Hospital of tV 0.0481 24,224 100 0 40 3,895 28,119 1.20 1 Prudential Overall Supply 0.0265 13,334 789 0 316 30,635 43,969 3.41 1 Rohr Industries 0.2482 125,083 911 0 294 28,537 153,621 1.27 1 Scripps Memorial Hospital 0.0271 13,651 57 0 23 2,195 15,846 1.20 1 Southwestern College 0.1173 59,099 245 0 80 7,786 66,885 1.17 1 Vista Hill Hospital 0.0226 11,398 47 0 19 1,833 13,231 1.20 10.4070 5,234,555 19,045 0 17,029 1,649,989 6,884,544 1.36 Table l3n fORM 5"'1 City of Chula Vista (Montgomery Area) Summary of Fund Costs 04/11/91 fLOII BOO SS Number User Group Uni t Cost= S444,096 Unit Cost = o Unit Cost = S91.23 Total Average Uni t Cost: of (S/het) Users MGD S PPD S PPD S S 3,756 Single Family Residential 0.83 366,965 1,378 0 1,378 125,736 492,702 1.22 3,305 Multi-family Residential (Units) 0.55 242,177 910 0 910 82,979 325,156 1.22 1,031 Low Strength Commercial 0.82 363,595 997 0 854 77,863 441,458 1.10 116 Medium Strength Commercial 0.09 40,888 203 0 230 21,015 61,903 1.38 100 High Strength Commercial 0.08 35,172 646 0 411 37,480 72,652 1.88 '" 0 , 2.36 1,048,797 4,134 o 3,783 345,073 1,393,870 1.21 Table 14 FORM 6 City of Chula Vista (Pre~Annexation Area) Fiscal Year 1991-92 05/09/91 Total Revenue NUMBER OF USERS USER GROUPS METRO RESERVE TOTAL EXPENDITURES TOTAL ANNUAL REVENUE REQU I REO AVERAGE ANNUAL REVENUE REQUIRED AVERAGE MONTHLY REVENUE REQU I REO o&M DEBT SERVI CE CAPITAL OUTLAY NON-RATE REVENUE 24,122 SingLe Family Residential 2,267,515 0 1,808,249 516,192 4,591,956 ( 1,058,410) 3,533,546 146 12.21 293 Low Income Residential 19,295 0 15,387 4,392 39,075 (9,006) 30,068 103 8.55 16,642 Multi-Family ResidentiaL (Units) 1,173,285 0 935,646 267,094 2,376,026 (547,655) 1,828,371 110 9.16 2,853 Low Strength Commercial 582,115 0 466,983 144,795 1,193,893 (293,104) 900,789 316 26.31 321 Medium Strength Commercial 79,614 0 63,074 16,283 158,971 (33,954) 125,016 390 32.47 , 276 High Strength Commercial 90,886 0 70,970 14,007 175,863 (30,780) 145,082 526 43.80 '" ~ 1 Community Hospital of CV 18,220 0 14,649 4,676 37,544 (9,425) 28,119 28,119 2,343.29 , 1 Prudential Overall Supply 27,029 0 20,747 2,574 50,350 (6,381> 43,969 43,969 3,664.05 1 Rohr Industries 99,105 0 79,389 24,144 202,638 (49,017) 153,621 153,621 12,801.71 1 Scripps Memorial Hospital 10,267 0 8,255 2,635 21,157 (5,311> 15,846 15,846 1,320.51 1 Southwestern College 43,425 0 34,973 11,408 89,806 (22,921) 66,885 66,885 5,573.76 1 Vista Hill HospitaL 8,573 0 6,893 2,200 17,666 (4,435) 13,231 13,231 1,102.60 44,513 4,419,330 0 3,525,214 1,010,400 8,954,944 <2,070,400) 6,884,544 Table 14/\ FORM 6'" City of Chula Vista (Montgomery Area) fiscal Year 1991-92 04/11/91 Total Revenue o&M METRO RESERVE TOTAL EXPEND ITURES TOTAL ANNUAL REVENUE REQUIRED AVERAGE ANNUAL REVENUE REQUIRED AVERAGE MONTHLY REVENUE REQUIRED NUMBER OF USERS USER GROUPS DEBT SERVICE CAPITAL OUTLAY NON-RATE REVENUE 3,756 Single Family Residential 300,3\0 0 217,829 25,892 544,031 (51,329) 492,702 \3\ 10.93 3,305 Multi-Family Residential ( 198,188 0 143,755 17,087 359,030 (33,875) 325,156 98 8.20 1,031 low Strength Commercial 267,929 0 196,44\ 25,654 490,024 (48,566) 44\,458 428 35.67 116 Medium Strength Commercial 37,903 0 27, \78 2,885 67,965 (6,063) 6\,903 534 44.48 , 100 High Strength Commercial 44,907 0 31,43\ 2,482 78,8\9 (6,167> 72,652 728 60.69 '" '" , 8,308 849,236 o 616,634 74,000 1,539,870 (146,000) 1,393,870 . TABLE 15 PROPOSED SEWER SERVICE CHARGES 1991-92 FISCAL YEAR Pre-Annexation Chula Vista Montgomery Area User Class $ $ Residential Single Family 12.2l/month l3U8/year Multiple Family 1.23/HCF 98.39/year Low Income 8.50/month 91.83/year Commercialllndustrial Low Strength U2/HCF l.OO/HCF Medium Strength l.38/HCF 1.25/HCF High Strength 1. 86/HCF l.70/HCF Note: HCF refers to hundred cubic feet of water consumed. -33- i. I JM\II James M. Montgomery Consulting Engineers Inc. - Appendix A APPENDIX A COST DETAILS 1989-90 1990-91 1991-92 Actual Budgeted Projected 220 Sewer Income Fund Depos i ts Refunded 0 2,500 0 221 Special Sewer Fund Capital Outlay 17,355 0 0 222 Trunk Sewer Capital Reserve Fund 5410 Deposits Refunded 1,086 1,500 2,000 223 Montgomery Sewer Service Revenue Fund 5101 Salaries & Wages 0 0 0 5201 Professional Services 0 2,960 1,920 5202 Other Specialized Services * 2,568 30,940 45,934 5203 Special Contractual Services NA NA 18,300 5203 Metro Charges 531,055 948,500 434,714 5212 Printing and Binding 0 0 500 5252 Telephone & Telegraph 0 0 336 5420 Refund of Fees 1,533 0 2,000 535,156 982,400 503,704 * Fiscal 1991-92 Total includes $31,794 to Sweetwater Authority and Otay Water District for billing and collection servies. A-I 05/13/91 APPENDIX A COST DETAilS 1989-90 1990-91 1991-92 ActuaL Budgeted Projected Transfers to GeneraL Fund (labor and Materials) 1460 Sewer Maintenance Adjusted labor 32,748 75,066 78,819 Overhead 66,489 104,005 109,205 Equipment Maintenance 9,059 16,408 17,228 Equipment Replacement Charges 11,657 12,385 13,004 MateriaLs 5,657 7,543 7,920 Dump Fees 3,505 4,515 4,741 129,115 219,922 230,918 1440 Street Maintenance 17,817 18,708 19,643 1420 Engineering Design/Construction 452 474 498 1421 Engineering Sewer 35,706 37,492 39,367 1422 Engineering land DeveLopment 3,241 3,403 3,573 1423 Sewer Design 5,554 5,831 6,123 1402 Sewer Administration 0 1,949 2,046 Insurance Transfers 0 131,229 24,144 62,770 199,086 95,393 Fund TotaL 597,926 1,401,408 830,016 224 Montgomery Sewer Replcmnt/Expnsn Fund 0 65,854 65,854 A-2 05/13/91 APPENDIX A COST DETAILS 1989-90 1990-91 1991-92 Actual Budgeted Projected 225 Sewer Service Revenue Fund 5101 Salaries & Wages 0 0 0 5144 Salaries & Other Services 0 0 0 5201 Professional Services 0 8,280 4,440 5202 Other Specialized Services + 44,167 99,585 256,000 5203 Special Contract Services 1,980,571 4,260,605 10,650 5203 Metro Costs 0 0 1,967,834 5212 Printing and Binding 0 0 500 5223 Membership Dues 0 0 150 5224 Training-City Personnel 590 1,000 1,000 5252 Telephone & Telegraph 0 0 1,200 5266 Serv to Ma;n.Office Equip 17 210 210 5268 Serv to Main-Other Equip 17 2,150 2,500 5331 Books, Publications and Maps 0 0 150 5369 Construction Materials 0 0 0 5398 Other Commodities 422 800 4,828 5420 Refund of Fees 1,837 3,320 2,000 2,027,621 4,375,950 2,251,462 + Fiscal 1991-92 Total includes $201,600 to Sweetwater Authority and Otay Water District for billing and collection servies. A-3 05/13/91 APPENDIX A COST DETAilS 1989-90 1990-91 1991-92 Actual Budgeted Projected 225 Sewer Service Revenue Fund 5101 Salaries & Wages 0 0 0 5144 Salaries & Other Services 0 0 D 5201 Professional Services 0 8,280 4,440 5202 Other Specialized Services + 44,167 99,585 256,000 5203 SpeciaL Contract Services 1,980,571 4,260,605 10,650 5203 Metro Costs 0 0 1,967,834 5212 Printing and Binding 0 0 500 5223 Membership Dues 0 0 150 5224 Training~City Personnel 590 1,000 1,000 5252 Telephone & Telegraph 0 0 ',200 5266 Serv to Hain-Office Equip 17 210 210 5268 Serv to Main-Other Equip 17 2,150 2,500 5331 Books, Publications and Maps 0 0 150 5369 Construction Materials 0 0 0 5398 Other Commodities 422 800 4,828 5420 Refund of Fees 1,837 3,320 2,000 2,027,621 4,375,950 2,251,462 + Fiscal 1991-92 Total includes $31,794 to Sweetwater Authority and Otay Water District for billing and colLection servies. A-3 05/13191 APPENDIX A COST DETAILS 1989-90 1990-91 1991-92 Actual Budgeted Projected Transfers to General Fund (Labor & Materials) 1460 Sewer Maintenance Adjusted Labor 144,310 330,792 347,332 Overhead 292,994 458,313 481,229 Equipment Maintenance 39,922 72,303 75,918 Equipment Replacement Charges 51,367 54,575 57,304 Materials 24,928 33,237 34,899 Dump Fees 15,446 19,895 20,890 568,967 969,115 1,017,571 1461 Li ft Stat i on Adjusted Labor 17,743 25,574 26,853 Overhead 36,025 35,433 37,205 Equipment Maintenance 4,909 5,590 5,869 Equipment Replacement Charges 6,316 4,219 4,430 Materials 3,065 2,570 2,698 D~ Fees 1,899 1,538 1,615 Utilities 12,340 12,350 13,585 82,296 87,274 92,255 1440 Street Maintenance 78,513 82,438 86,560 1420 Engineering Design/Construction 1,990 2,090 2,195 1421 Engineering Sewer 157,345 165,212 173,473 1422 Engineering Land Development 14,282 14,996 15,746 1423 Sewer Design 24,473 25,697 26,982 1402 Sewer Administration 8,591 8,591 9,021 Insurance Transfers 0 524,916 96,574 285,194 823,940 410,550 Capital Outlay 16,342 0 0 Fund Total 2,329,157 6,256,279 3,771,838 226 Sewer Facilities Replacement Fund Sewer Replacement 209 163,950 268,000 Equipment Replacemnt NA 290,196 304,706 - - 209 454,146 572,706 TotaLs 2,928,169 7,661,687 4,603,854 A-4 APPENDIX A COST DETAILS 1989-9D 199D-91 1991-92 Actual Budgeted Projected Cacital Exoenditures 220 Sewer Income Fund SW108 88/Sewer Manhole Step Rep 4,D3D D D SW111 89/2nd & 3rd St Sewers 65,518 0 0 69,548 0 0 221 Special Sewer Fund SW105 88/Sewer Rehab Phase II 0 0 0 SW113 89/TV Sewer Inspections V 125,789 0 0 SY902 TV Sewer Inspect Phases IV-VII 0 73,400 0 125,789 73,400 0 222 Trunk Sewer Capital Reserve Fund OP1Q8 89/Master Facilities Plan 0 0 0 SY107 sa/Sewer Construction-G Street 0 0 0 SW109 88/System Upgrading-Met 154,690 250,000 0 SW200 90/Palm Cyn Basin Parallel 259,500 0 0 SW201 90/Spring Valley Outfall POCs 164,300 0 0 SW202 Parallel Sewer Const--lndustrial BL 0 206,400 0 SW203 Parallel Sewer Const.--Second Ave. 0 170,900 0 SW113 89/TV Sewer Inspections V 3,313 0 0 5109 as/Replace Sewage MTR-G 18,900 0 0 SI10 86/Sewer Meter Repl-G 18,900 0 0 SSF03 a7/Sewer Rehabilitation 0 0 0 Miscellaneous Projects 0 0 700,000 619,603 627,300 700,000 Total--Capital Projects 814,940 700,700 700,000 A-5 05/13/91 APPENDIX A COST DETAILS . I JNM James M. Montgomery Consulting Engineers. Inc. G Appendix B APPENDIX B PARTIAL WATER USER AND CONSUMPTION SUMMARY APPENDIX B PARTIAL YATER USER AND CONSUMPTION SUMMARY Number of Average Flow Units in MGD Pre.Annexation Chula Vista Dtay * Domestic 9,109 73.42% 3.7 78.6% PlIllp Station 126 1.02% 0.1 1.1% Conmercial 461 3.72% 0.4 9.0% Apartment/Condo 2,464 19.86% 0.5 9.9% Chula Vista Woods 155 1.25% 0.0 1.1% Low Income 15 0.12% 0.0 0.1% Mission Verde 77 0.62% 0.0 0.2% Total Dtay 12,407 100.00% 4.7 100.0% Sweetwater + Residential 14,856 84.69% 4.1 51.92% Construction 8 0.04% 0.0 0.03% Business 2,868 5.87% 1.1 14.03% Industrial 22 0.03% 0.0 0.53% Goverrvnent 85 0.56% 0.4 4.63% Apartments 14,178 8.04% 2.0 24.58% Agricultural 18 0.12% 0.0 0.09% Landscape for Industry 3 0.02% 0.0 0.04% Landscape for Goverrvnent 12 0.08% 0.0 0.39% Landscape for Industrial 2 0.01% 0.0 0.06% Landscape for Industrial 65 0.43% 0.3 3.29% Landscape for Multi-Units 17 0.11% 0.1 0.66% Residential with Fire Protection 3 0.02% 0.0 0.03% Multi-Units with Fire Protection 0 0.00% 0.0 0.00% Adjustments NA NA 0.0 -0.28% Subtotal 32,137 100.00% 8.0 100.00% Comb; ned Single Family Residential 24,215 54.36% 7.9 62.33% Multi-Family Residential 16,642 37.36% 2.4 19.14% Comnercial 3,436 7.71% 2.0 15.42% Other 251 0.56% 0.4 3.12% 44,544 100.00% 12.7 100.00% . Otay User Data as of September 1990. + Sweetwater User Data as of July 1990. B-! 05/13/91 APPENDIX B PARTIAL YATER USER AND CONSUMPTION SUMMARY Nl.ITIber of Average Flow Units in MGD MontQomerv Area # Residential 3,072 39.46% 1.0 33.54% Construction 0 0.00% 0.0 0.00% Business 1,223 15.71% 1.1 37.47% Industrial 5 0.06% 0.0 0.15% Government 19 0.24% 0.0 1. 36% Apartments 3,222 41. 38% 0.7 22.41% Agricultural 1 0.01% 0.0 0.02% Landscape for Industry 2 0.03% 0.0 0.04% Landscape for Government 28 0.36% 0.1 2.34% Landscape for Industrial 0 0.00% 0.0 0.00% Landscape for Industrial 13 0.17% 0.1 1.84% Landscape for Multi-Units 191 2.45% 0.0 0.74% ResidentiaL with Fire Protection 7 0.09% 0.0 0.07% MuLti-Units with Fire Protection 3 0.04% 0.0 0.01% Adjustments NA NA 0.0 0.00% - SubtotaL 7,786 100.00% 3.0 100.00% ChuLa Vista Totals Single FamiLy Residential 27,294 52.16% 8.9 56.79% Multi.FamiLy Residential 19,867 37.96% 3.1 19.77% Comnercial 4,683 8.95% 3.1 19.97% Other 486 0.93% 0.5 3.48% TotaL 52,330 100.00% 15.7 100.00% # Montgomery Area User Data as of February 1991. B-2 05/13/91