HomeMy WebLinkAbout2003-030 Wastewater rate adjustment / odor litigation expensees ORDINANCE NO 20023- 30
AN ORDINANCE relating to wastewater rates, fees, and charges, adjusting
vanous wastewater rates, fees, and charges,
amending Sections 7.60.005, 7.60.010, 7 60 020, 7 60 025,
7 60 035, 7.60.050, 7.60.070, 7.60.090, and 7 60 105 of the
Yakima Municipal Code,
deleting section-7-7604140+-and,
providing for related matters.
WHEREAS, the City of Yakima (the "City ") is authonzed by RCW Title 35 RCW to
acquire, construct, own, operate, and provide financing for waterworks and systems of sewerage,
and to establish rates, fees, and charges therefore; and
WHEREAS, the City Council determines that it is in the best interests of the citizens of
the City that ordinances related to such systems of sewerage, wastewater rates, fees, charges, and
related matters be amended as set forth in this Ordinance, and
WHEREAS, the City Council determines that the rates, fees, and charges contained in
this Ordinance are fair, just, and reasonable,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA
Section 1. Section 7 60 005 of the Municipal Code reads as follows
7.60.005 Definitions.
1 "Biochemical oxygen demand" (BOD) shall have the same meaning as in Chapter
7 65
2 "Industnal discharger" shall have the same meaning as in Chapter 7 65
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3 "Industrial wastewater" shall have the same meaning as in Chapter 7 65
4 "Minor industrial user" (MIU) shall have the same meaning as in Chapter 7 65
5 "Sewer" shall have the same meaning as in Chapter 7 65
6 "Significant industrial user" (SIU) shall have the same meaning as in Chapter
7 65
7 "Suspended solids" (SS) shall have the same meaning as in Chapter 7 65
8 "Total suspended solids (TSS) shall have the same meaning as suspended solids.
9 "Wastewater" shall have the same meaning as in Chapter 7 65
10 "Wastewater system" shall have the same meaning as "POTW" or "publicly
owned treatment works" in Chapter 7 65 The term includes all sewers and
wastewater treatment plants.
11 "Wastewater treatment plant" shall have the same meaning as in Chapter 7 65
Section 2. Section 7 60 010 of the Municipal Code is amcnded-te -reads as follows
7.60.010 City to fix and collect wastewater rates and charges.
A. The public health, safety and welfare require that the city of Yakima fix and
collect wastewater rates and charges upon, and measured by either the quantity of water supplied
to the premises or, if metered, the quantity of wastewater discharged into the wastewater sewer
system in the city of Yakima and in areas outside the corporate limits of the city, for the carrying
and discharge of all wastewater into the wastewater system of the city of Yakima as presently
maintained and operated, together with additions and betterments thereto and extensions thereof,
which rates and charges are fixed by this chapter; provided, that the specifying of service rates
and charges by this chapter shall not affect the financing of construction of sewers and trunk
sewers pursuant to the local improvement district process, the imposition of a wastewater
connection charge, or other alternate means of financing such construction, provided further, the
adoption of rates for service to property outside the corporate limits of the city does not constitute
an undertaking by the city to serve any or all such property without compliance with other laws,
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regulations and policies of the city pertaining to the furnishing of city sewer service outside city
corporate limits.
B Biennial Review In accordance with federally mandated Environmental
Protection Agency requirements and to satisfy bond covenants, the city shall review not less
often than every two years the wastewater contribution of users and user classes, the total cost of
operation and maintenance of the wastewater system and the user charge system. The charges for
users or classes of users shall be revised as required.
Section 3. Section 7 60 020 of the Municipal Code is hereby amended to read as
follows
7.60.020 Owner (inside city) retail wastewater service charge.
A. Wastewater Service Charge There shall be charged to and collected from all
premises within the city served by the city wastewater system a wastewater service charge
composed of a ready -to -serve charge and a volume charge based on either the quantity of water
supplied to the premises or, if metered, the quantity of wastewater discharged into the wastewater
sewer system , PROVIDED that in no event shall the total wastewater service charge be less than
the minimum charge indicated below
Minimum charge effective
Apnl 8, 2002July 1, 2003
$11.4812.05 /month
(1) Wastewater Service Charge -- Schedules The wastewater service charge
shall be calculated and charged according to the following schedules
(a) Ready -to -Serve Charges. For all customers other than multiple -
unit residential customers
Charges effective
April 8, 2002July 1, 2003
Water Meter Bimonthly
Size (Inches) Monthly charge charge
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3/4 $11.4812.05 $22.9624.10
1 14.5815.30 29:-1- 630.60
1 -1/2 18.8319.76 37.6639.52
2 30.3131.81 60.6263.62
3 114.80120.50 20241.00
4 116.1/1153.40 292.28306.80
6 219.27230.16 X38 51460.32
8 302.61317.64 605.22635.28
10 605.23635.28 1,210.461 ,270.5
6
For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on
the number of accounts plus the number of dwelhng units, according to the following:
Ready -to -serve charge effective
April 8, 2002July 1, 2003
(5-9 -76.27 /account) + ($5.515.78 /dwelling unit )
(b) Volume Charge. For all customers, the volume charge shall be
determined by the following:
Volume charge effective
April 8, 2002July 1, 2003
$2 011 per 100 cubic ft of water consumption or,
if metered, quantity discharged
B Strong Waste Surcharge. For customers located inside the city discharging
wastewater which contains more than three hundred parts per million of biochemical oxygen
demand (BOD) and/or total suspended solids (TSS), there shall be a surcharge, in addition to the
ready -to -serve charge and the volume charge, which shall be calculated utilizing the national
average values of BOD and TSS concentrations typical to each classification under the Standard
Industrial Code or by actual concentrations verified by the city If the customer chooses, at its
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expense, to install a sampling station, the strong waste charge shall be calculated based upon
actual concentrations. Any testing done by the city may be charged at the rates set forth in
section 7 60 105 of this title. The following formula shall be utilized to calculate the strong
waste charge
Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one
gallon of water) times (customer's monthly volume in one hundred cubic feet divided by
one thousand three hundred thirty- seven) times (customer's concentration of BOD or TSS
in parts per million per [the national average values] or [verified concentrations] minus
three hundred)
In the foregoing formula, the applicable values are as follows
Effective Effective Effective Effective
April 8, January 1, January 1, January 1,
2002July 1, 20034 20042005 20052006
2003
Unit cost per pound for BOD $0.244272 $0.2- 59289 $0 0275308 $0.29-3308
Unit cost per pound for TSS $0 4-7-8223 8223 $0.212265 $0.252314 $0.299314
Weight of one gallon of water 8.34 8.34 8.34 8.34
pounds pounds pounds pounds
Section 4 Section 7 60 025 of the Municipal Code is hereby amended to read as
follows
7.60.025 Non -owner (outside city) retail wastewater service charge.
A. Wastewater Service Charge There shall be charged to and collected from all
premises outside the city served by the city wastewater system a wastewater service charge
composed of a ready -to -serve charge and a volume charge based on domestic water consumption,
provided that in no event shall the total wastewater service charge -be less than the minimum
charge indicated below•
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Minimum charge effective
April 8, 2002July 1, 2003
$18.25 $18.82 /month
(1) Wastewater Service Charge -- Schedules. The wastewater service charge shall
be calculated and charged according to the following schedules
(a) Ready -to -Serve Charge For all customers other than multiple -unit
residential customers
Charges effective
April 8, 2002July 1, 2003
Water Meter Bimonthly
Size (Inches) Monthly charge charge
3/4 $1 8.251 8.82 $36.5037.64
1 23.1823.90 /16.3617.80
1 -1/2 29.9330.86 X61.72
2 18 1849.68 96 3699.36
3 182.50188.20 365.00376.40
4 232.32239.58 4644.64479.16
6 348.58359.46 697.16718.92
8 /181.07496.10 962.11992.20
10 962.11992.19 1,924.281,984.3
8
For multiple -unit residential customers, the monthly ready -to -serve charge shall be based on the
number of accounts plus the number of dwelling units, according to the following:
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Ready -to -serve charge effective
April 8, 2002July 1, 2003
( $939.79 /account) + ( $g 9.03 /dwelling unit)
(b) Volume Charge. For all customers, the volume charge shall be
determined by the following:
Volume charge effective
April 8, 2002July 1, 2003
$3.236 per 100 cubic ft. of water consumption
or, if metered, quantity discharged
B Strong Waste Surcharge. For customers located outside the city discharging
wastewater which contains more than three hundred parts per million of biochemical oxygen
demand (BOD) and /or total suspended solids (TSS), there shall be a surcharge, in addition to the
ready -to -serve charge and the volume charge, which shall be calculated utilizing the national
average values of BOD and TSS concentrations typical to each classification under the Standard
Industrial Code or by actual concentrations venfied by the city If the customer chooses at its
expense to install a sampling station, the strong waste charge shall be calculated based upon
actual concentrations. Any testing done by the city may be charged at the rates set forth in
section 7 60 105 of this title The following formula shall be utilized to calculate the strong
waste charge
Monthly surcharge = (unit costs per pound of BOD or TSS) times (weight of one gallon
of water) times (customer's monthly volume in one hundred cubic feet divided by one thousand
three hundred thirty- seven) times (customer's concentration of BOD or TSS in parts per million
per [the national average values] or [verified concentrations] minus three hundred)
In the foregoing formula, the applicable values are as follows
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Effective
May 21, 2001July 1, 2003
Unit cost per pound for BOD $0.5025.515
Unit cost per pound for TSS $0 494504
Weight of one gallon of water 8.34 pounds
Section 5. Section 7 60 030 of the Municipal Code reads as follows
7.60.030 Wastewater charge added to and payable with water bill.
The wastewater service charge provided for in this chapter shall be payable at the office of
the treasurer of the city, and shall be billed for and payable at the same time as the water bill for
the premises is payable; and payment for water service shall not be accepted unless payment of
the wastewater service charge is made at the same time. The same shall be payable bimonthly
and shall be added to city water bills as a separate charge thereon.
Section 6. Section 7 60 035 of the Municipal Code is hereby amended to read as
follows
7.60.035 Septage and exceptional wastewater disposal charges.
A. Septage Wastewater Disposal Charge For septage wastewater disposed
pursuant to Chapter 7 63, the following charge shall apply
Charge effective
April 8, 2002July 1, 2003
$0.34-6324/gal.
B Exceptional Wastewater Disposal Charge For exceptional wastewater disposed pursuant
to Chapter 7 63, the charge shall be calculated by reference to the following formula.
Exceptional wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs)
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(1) Treatment costs. Treatment costs shall be determined by reference to the
following formula.
Treatment costs = [(UBOD /TSS) x (WW) x (V/1,337) x (CBOD /TSS)] + [(UV) x
(V)] where
V = Volume discharged (in one hundred cubic feet),
CBOD /TSS = Concentration of BOD or TSS (in parts per million), and
the remaining values are as follows
Value Effective
Abbreviation Meanmg May 21, 2001
UBOD /TSS $0.582 -515 (BOD)
Unit cost per pound of BOD or TSS $0 49-3 -504 (TSS)
WW
Weight of one gallon of water 8.34 pounds
U Unit cost per one hundred cubic feet
of volume $0.250258
(2) Receiving Costs. Receiving costs shall be calculated by the wastewater
manager and based on actual or estimated staff time, matenals, and related costs
incurred in connection with receiving the particular waste at issue.
(3) Testing Cost. The costs of any testing are set forth in Section 7 60 105
The wastewater manager shall have final authonty over what tests shall be
required for any discharge
C The amount of the disposal fee, at the rate specified in subsections A or B of this
section, shall be based upon the actual quantity measured and discharged. Measurement shall be
through methods and instruments as determined by the city
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Section 87. Section 7 60 050 of the Municipal Code is hereby amended to reads as
follows
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7.60.050 Meters required -- Penalty for violations - -Rates for metered and
unmetered premises.
A. Meters Required -- Penalty Commencing September 1, 1977, all premises
thereafter newly connected or reconnected to the wastewater system shall have a meter, approved
by the city water /irngation manager, installed to measure either the quantity of water supplied to
the premises or the quantity of wastewater discharged into the wastewater system, and it shall be
unlawful for any person, firm or corporation to thereafter connect any premises so as to be served
by the wastewater system without installing a meter as required by this subsection.
Any person, firm or corporation who connects any premises so as to be served by the
wastewater system in violation of this subsection shall upon conviction thereof be subject to a fee
not exceeding two hundred fifty dollars or subject to imprisonment in the city jail facility for a
term not exceeding ninety days.
B Rates for Metered Premises. All premises served by either city domestic water
service or by some other source of domestic water, and which have meters to measure all water
supphes which are ultimately discharged into the city wastewater system shall pay wastewater
service charges according to the rates specified in Section 7 60 020 or 7 60 025 of this chapter,
and all premises which have meters to measure the quantity of wastewater discharged into the
wastewater system shall likewise pay wastewater service charges according to the rates specified
in Section 7 60 020 or 7 60 025 of this chapter
C Rates for Unmetered Premises. Premises with existing connections to the city
wastewater system, but which have no meter to measure either the domestic water supplied to the
premises or the wastewater discharged therefrom, shall be charged a wastewater service charge
according to rates specified in Section 7 60 020 or 7 60 025 of this chapter in an amount
determined by the wastewater manager to be the average charge for wastewater service to similar
premises.
Section 98. Section 7 60 055 of the Municipal Code reads as follows
7.60.055 Each premises an individual consumer
For purposes of computing the wastewater service charge imposed by Sections 7 60 020 or
7 60 025, and Section 7 60 050 of this chapter, each one - family dwelhng unit and each dwelling
unit in a two - family dwelling or in a multiple dwelling, as all those terms are defined in Title 12,
Zoning, of the city of Yakima Municipal Code, shall constitute one individual consumer
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Further, for purposes of those sections, each separate mobile home site within a mobile home
court, park or other mobile home complex shall constitute one individual consumer; provided, an
automobile trailer court as defined in Title 12, Zoning, of the city of Yakima Municipal Code,
rather than each separate trailer site therein, shall constitute an individual consumer for purposes
of those sections. Each such consumer constitutes a premises to which the minimum wastewater
service rate is applicable, and there shall be no deductions for vacant premises.
Section 109. Section 7 60 060 of the Municipal Code reads as follows
7.60.060 Water not used or lost -- Minimum charge not to be reduced.
Where the use of water is such that a portion of all water used is lost by evaporation,
imgation, spnnklmg or other cause, or is used in manufactured goods and commodities, and the
person in control provides proof of this fact and installs a meter or other measunng device
approved by the city water/imgation manager to enable measurement of the amount of water so
used or lost, no charge shall be made for wastewater because of water so used or lost, except that
in no case will the minimum charge be adjusted or reduced. Direct discharge of wastewater to
fresh water or to points other than the city sewer system shall not be cause for adjustment or
reduction of the wastewater service charge.
Section -1410. Section 7 60 070 of the Municipal Code is hereby amended to reads as
follows
7 60.070 Water used for irrigation not to be charged as wastewater
It is the intent of this chapter that the portion of water used exclusively for imgation be not
charged correspondingly for wastewater Upon application, where it can be shown to the
satisfaction of the city wastewater manager that the higher charges for wastewater dunng the
summer months are due to water used for imgation, the wastewater charge for summer period
may be adjusted to the winter months' charges.
Section 1211. Section 7 60 080 of the Municipal Code reads as follows.
7.60.080 Home Kidney Dialysis
Home Kidney Dialysis. A residential customer who undergoes kidney dialysis at his or her
home, or whose home is also the home of a different person who undergoes home kidney
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dialysis, shall not be required to pay utility charges for domestic water service or sewer service
for the quantity of water that is necessary for the home dialysis. In order to be excused from
utility charges under this subsection, the residential customer must present to the customer
services division written documentation from a recognized kidney dialysis center certifying that
the person requires dialysis and the quantity of water needed for that person's dialysis.
Section 1312. Section 7 60 090 of the Municipal Code is amended to reads as follows
7.60.090 Procedure for paying wastewater service charges-- Delinquency --
Imposition of priority lien.
All charges for wastewater service shall be due and payable at the office of the city treasurer
on or before the fourteenth day after the bill therefore is rendered, and if unpaid shall become
delinquent twenty -one days after the due date. Any wastewater service charge which becomes
delinquent shall immediately become a lien upon the premises, and if unpaid for sixty days after
the date payment was due, shall bear interest at the rate of eight percent per annum from the date
payment was due, and such hen may be foreclosed by the city as provided by state law The hen
shall be superior to all other liens and encumbrances except general taxes and local and special
assessments.
Section -1-413. Section 7 60 100 of the Municipal Code is amended to read as follows
7.60.100 Additional collection method - -Water service suspension -- Notice and
hearing procedure.
A. As an additional and concurrent method of collection of any such delinquent
wastewater rate or charge, the customer service manager may suspend the water service or supply
from the premises to which such charge for wastewater has attached until such rates and charges
are paid.
B No water service shall be suspended until a written notice has been served upon or
mailed to the customer at least seven days prior to suspending service. Such notice shall state the
date on which service is to be suspended, the amount of delinquent wastewater charges, and that
a customer may request in wntmg a hearing before the customer service manager or his designee
to contest the suspension, provided such request is received by the customer service manager or
his designee before the date service is to be suspended.
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C Upon timely receipt of a request for hearing, the customer service manager or his
designee shall conduct a hearing, and the customer requesting the heanng shall be notified in
writing by the customer service manager or his designee of the time, date and place of such
heanng. Pending the outcome of a heanng, no service shall be suspended.
D When water service has been suspended for nonpayment of a wastewater charge,
water service shall not be resumed until all delinquent service charges have been paid, together
with an additional fifteen dollar reconnection charge.
E. In the event the occupant of a premises is someone other than the customer, the
occupant or, in the case of a multiple dwelling, the manager or person in charge shall be notified
in writing of the date of the suspension of service and the amount of delinquency at the same
time such customer is so notified.
Section 1514. Section 7 60 105 of the Municipal Code is hereby amended to read as
follows
7.60.105 Rates, charges and fees for pretreatment program.
A. It is the purpose of this section to provide for the payment of rates, charges, and
fees for certain discharges to the wastewater system, to compensate the city for the cost of
administration of the pretreatment program established in Chapter 7 65 Connection charges for
dischargers subject to Chapter 7 65 are as set forth in Chapter 7 58 of this Code.
B Rates, Charges and Fees to be Pubhshed. The wastewater manager shall maintain
a schedule of current rates, charges and fees, shall post such schedule conspicuously, and shall
make copies available to interested persons. Upon request, the wastewater manager shall prepare
an estimate of annual rates, charges and fees for a significant industrial user
C Base Rate for Minor Industrial Users. Commencing on the effective date of the
ordinance codified in this section and manager until amended pursuant to subsection E of this
section, minor industrial users (as defined in Chapter 7 65) shall pay a base rate for pretreatment
service of $693 00 /month.
Significant mdustnal users shall not be subject to a base rate
D Charges and Fees for Related Services. Commencing on the effective date of the
ordinance codified in this section and until amended pursuant to subsection E below, significant
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industrial users shall pay the sampling and laboratory testing charges and fees provided below for
those specific services described or listed below All customers shall also be subject to the
sampling, laboratory testing, and flat rate charges and fees provided below, in addition to any
base rate provided for in subsection C, but only for those services requested by the customer or
provided as part of a required compliance inspection.
(1) Sampling Charge. The sampling charge includes sampler set -up, pick -up, and
statistical analysis, as well as billing program charges from the customer service
manager The sampling charge is based on the length of the sampling penod,
pursuant to the following schedule
Sampling Period Charge Charge Charge Charge
effective effective effective effective
April 8, January 1 January 1, January 1,
200-2July 2083 2-004 2-00-5
1,2003 2004 2005 2006
First day $222.68 $229.36 $236.24 $243.33
240.83 248.05 255.50 263.16
Each subsequent day in the
same sampling period. $8-6 22 $88.81 $91.47 $94.21
93.25 96.05 98.93 101.90
(2) Laboratory Testing Fees. A laboratory testing fee is assessed for each type of
test conducted on each sample Fees are assessed pursuant to the following
schedule
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Charge Charge Charge Charge
Effective Effective Effective Effective
Test April 8, January 1, January 1, January
2002Ju1y 2993 2004 1, 2996
1, 2003 2004 2005 2006
BOD- Biochemical
Oxygen Demand $33.82 $31.83 $35.88 $36 96
36.58 37.68 38.81 39.97
TSS -Total Suspended
Solids 33.82 344-3 35.88 36.96
36.58 37.68 38.81 39.97
R14P --h pH 16.91 17.12 17.91 18.18
18.29 18.84 19.40 19.99
BOD Soluble 50.73 52.25 53.82 55.13
54.87 56.52 58.21 59.96
COD 33.82 34.83 35.88 36.96
36.58 37.68 38.81 39.97
COD Soluble 50.73 52.25 53.82 55.13
54.86 56.51 58.20 59.95
TDS 33.82 31.83 35.88 36.96
36.58 37.68 38.81 39.97
Alkalinity (Carbonate) 16.91 17.12 4=7-94 18A8
18.29 18.84 19.40 19.99
Ammonia (Ion Selective
Probe) 16.91 17.12 x:94 18.18
18.29 18.84 19.40 19.99
Chlorine Residual
(Colonmetric) 16.91 17.42 17.94 18.18
18.29 18.84 19.40 19.99
Dissolved Oxygen
(Azide) 16.91 17.12 17.94 18.13
18.29 18.84 19.40 19.99
Dissolved Oxygen
(Membrane) 16.91 17.12 17.94 18.18
18.29 18.84 19.40 19.99
Fecal Coliform 50.73 52.25 53.82 55.43
54.86 56.51 58.20 59.9.5
FOG -Fats. Oils & Grease 67-64 69.67 71.76 73.91
73.15 75.34 77.60 79.93
MPN 1;840 348.35 358.80 369.56
365.76 376.73 388.03 399.68
Nitrate 33.82 34.83 35.88 36.96
36.58 37.68 38.81 39.97
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Nitrite 33.82 31.83 35.88 36.96
36.58 37.68 38.81 39.97
Organic /Volatile Acids 16.91 17.12 17.94 18.18
18.29 18.84 19.40 19.99
Total Volatile Solids 33.82 34.83 35.88 36.96
36.59 37.68 38.81 39.97
BNA (b) Market Market cost Market Market
Semivolatiles cost (a) (a) cost (a) cost (a)
BTEX (b) 198.18 201.43 210.57 216.88
214.66 221.10 227.73 234.56
Metals 218.10 255.54 263.21 271.11
268.32 276.37 284.66 293.20
Metals Graphite Furnace 317.34 357.76 368.19 379.55
375.65 386.92 398.53 410.48
Pesticides/PCB's 545.82 562.19 5-9:06 596.43
590.30 608.01 626.25 645.04
Market Market cost Market Market
TPH (b) cost (a) (a) cost (a) cost (a)
Volatile Organics 198.18 204.13 210.57 216.88
214.66. 221.10 227.73 234.56
Notes.
(a) This testing is conducted by an outside laboratory The actual fee
will be based on the actual cost of the test performed, plus any related
costs and taxes incurred.
(b)Glossary
BNA. Base Neutral Acids ( Semivolatile Organic compounds)
BTEX. Benzene, Toluene, Ethylbenzene, and Zylene - Highly volatile
hydrocarbons.
TPH. Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and
other fuels)
(3) Other related services are assessed on each of certain transactions or
services, pursuant to the following schedule
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Charge Charge Charge Charge
Transaction or Service Effective Effective Effective Effective
April 8, January January 1, January 1,
2002Ju1y 1, 200-3 2004 2095
1,2003 2004 2005 2006
Discharge Authorization LS $400:00 $44-2.00 $'121.36 $437.09
(a) 432.60 445.58 458.95 472.71
Compliance Inspection HR 136.46 110.55 141.77 149.11
147.58 1.52.01 156.57 161.26
Dye testing HR 136.16 110.55 144.77 149.11
147.58 152.01 156.57 161.26
Smoke testing HR 5000 5450 53.05 54:64
54.08 55.70 57.37 59.09
TV (new construction) LF 4-40 4-65 1-7-0 1.75
1.73 1.78 1.84 1.89
TVing (location) HR 260.00 267.80 275.83 284.11
281.19 289.63 298.31 307.26
Notes.
( a) Includes only the first 50,000 gallons of flow See Chapter 7 65
E. Amendment of Base Rates, Charges and Fees.
1 The base rate or rates ( "rates" for purposes of this subsection) set forth in
subsection C of this section may be amended from time to time by ordinance of
the city council. Any such amendment shall be based upon changes in the city's
cost of providing wastewater pretreatment service as reflected in the city's annual
budget. The base rates set forth in subsection C of this section are to be billed at
75% for customers located within the city limits. Other customers will be billed
at 100% of base rates. These percentages may be amended by ordinance of the
city council.
2 The charges and fees set forth in subsection D of this section may be
amended from time to time by ordinance of the city council upon recommendation
of the wastewater manager Such amendments shall be based on changes in the
costs of providing sampling, laboratory and miscellaneous wastewater
pretreatment services. In determining whether there has been a change in the
costs of providing service, the city council may consider the city's expenses
associated with obtaining services from private laboratones and other third
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03/07/0203/07/022003 RATE ORDINANCES
persons, and the city's own administrative and other costs. The charges and fees
set forth in subsection D of this section are to be billed at 75% for customers
located within the city limits. Other customers will be billed at 100% of the
charges and fees set forth in subsection D These percentages may be amended by
ordinance of the city council.
F Money to be Credited to Wastewater Operating Fund. All moneys collected
pursuant to this part shall be paid into and credited to the wastewater operating fund as provided
in Chapter 3 101
Section 1615. Section 7 60 120 of the Municipal Code reads as follows.
7.60.120 Severability.
If any section, clause, or phrase of this ordinance is declared unconstitutional or invalid for
any reason, such decision will not affect the validity of the remaining portions of this ordinance,
which shall continue in full force and effect.
Section X16 This ordinance shall be in full force and effect (30) calendar days after its I
passage, approval and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 20th day of
1VlarchMay, 20022003 I
Place, Mayor
ATTEST
K zt , t _ t _ v , .2 ie
City Clerk Publication Date: 5 -23 -2003
- lg Effective Date: 6 -22 -2003
2002 RATE ORDINANCE 1500
03/07/0203/07/022003 RATE ORDINANCES
2003 Rate Adjustment
Ready -to- Volume Single Typical Surcharge Surcharge
One Month Billing Serve Charge Family Increase BOD SS
Charge /100cf 1,000 cf 1,000 cf per Pound per Pound
3/4" meter 1 UOC 3/4" meter 10 UOC
OWNER (inside City)
AS OF 4/08/02 $11 48 $2 01 $31 58 $0 259 $0.212
increase $0 57 $0 10 $0 013 $0.011
Proposed 6/1/03 $12 05 $2.11 $33 15 $1 57 $0.272 $0.223
% increase 4 97% 4 98% 4 97% 5 02% 5 19%
NON -OWNER (Outside City)
AS OF 4/08/02 $18 25 $3.26 $50.85 $0 502 $0 493
increase $0 570 $0 100 $0 013 $0 011
Proposed 6/1/03 $18.82 $3 36 $52.42 $1 57 $0 515 $0 504
increase 3 12% 3 07% 3 09% 2 59% 2 23%
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 14
For Meeting Of 5/20/2003
ITEM TITLE 2003 Wastewater Rate Adjustment for Odor Litigation Expenses
SUBMITTED BY Douglas Mayo, Wastewater Manager
Dick Zais, City Manager
Rita Anson, Finance Director
CONTACT PERSON/TELEPHONE. Douglas Mayo / 575 -6077
SUMMARY EXPLANATION In 1998, litigation was filed against the City seeking damages arising
from alleged WTTP generated odors The original case involved 216 claims requesting damages in
excess of $16 2 million In November of 1999, Wastewater staff presented and Council approved a
5% general rate increase to help offset the then current and anticipated legal expenses related to then
newly filed litigation This rate increase generated: approximately $370,000 per year At that time, legal
expenses were $400,000
In 2001, the claims expanded dramatically with the court approved certification of a class action lawsuit
representing over 3,500 claimants, asserting damages of over $39 million. The City's defense of this
lawsuit has resulted in unprecedented costs and fees in excess of $5.3 million to date. The 1999 rate
increase has generated less than $1,000,000; less than 20% of the expense. Additional litigation costs
will continue through trial and any subsequent appeals.
This extraordinary expense to defend the City reflects the expenditure of funds, in a vigorously
contested class- action case, for legal and expert consultant fees These costs arise from the plaintiffs
aggressive litigation strategy and Court Decisions and Court Rules resulting in extensive document and
data production /retention, large quantities of City, Plaintiff and third party briefs and data, pre -trial legal
motions practice, appeals, assessing, tendering and responding to mutually exchanged discovery
requests, answers to interrogatories, preparing for, taking and defending numerous fact and expert
witness depositions, retaining of special counsel and numerous experts, mediation expenses, pursuing
insurance coverage through collateral litigation, researching factual and legal positions, and otherwise
preparing all case elements for trial
(continued)
Resolution _ Ordinance X Contract Other (Specify)
Funding Source All Wastewater Retail Customers
APPROVED FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Staff respectfully requests City Council to enact the accompanying
ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -30
•
(continued from front page)
The court has issued the following orders compelling document production
1 June 7, 2001 Motion for Preservation of Electronic Data
2. April 9, 2003 Order on motion to Compel
Document production has involved the review of over 4,845 MB of electronic data and of over 750,000
pages of treatment plant, City, and consultant documents. We have produced approximately 175,000
pages of hard documents. The total cost to date for document production alone is $1,044,022. This
also equals over 4,000 hours of attorney time invested in document retrieval, review and production.
In March 2002, Council adopted the 2000 Wastewater Facilities Plan, which identified the need for over
$20 million of system investment during the next few years (2000 -2006) To assist financing this need,
Council also enacted, by ordinance 2002 -10, the 2001 Wastewater Cost of Service recommendations
Unfortunately, litigation expenses to date have virtually expended all new revenue and reserves, which
continue to be depleted to unacceptable levels because of these expenses The capital needs of the
system to serve the community regarding safety, replacement, or added capacity have all been
deferred, as no funding is available until the litigation is resolved
An additional rate increase on all wastewater retail customers is imperative to enable the City and the
division to meet the expense of litigation while continuing to fulfill its mandated obligations to operate,
finance and maintain the wastewater facility. This adjusted rate schedule increases rates to Owner
(inside city) customers approximately 5 %. Based upon the City's rate policy's of utilizing a Utility Rate
basis to calculate rates for Non -owner customers, rates to Non - owner. (outside city) customers were
increased the same monetary amount.
This proposal is estimated to increase revenues annually by approximately $543,000 The additional
revenue anticipated for the remainder of 2003 would be only $265,350 This amount is based upon the
assumption that 2003 billable flows remain at 2002 levels Through April 2003, flows are down 4 1%
from 2002 levels
That portion of this increase, which will be transferred to the general fund as utility tax, shall be "ear
marked" and dedicated exclusively for litigation expenses
This proposed rate increase addresses only litigation expenses. It will not cover any potential litigation
damages that may be awarded by a jury or agreed upon in mediation, together with construction or
rehabilitation costs.
Rate Adjustment Summary:
Owner (inside City) Retail Customers
Ready -to -Serve Charge increased 5 %, ($0 57) per month for a 3/4" water meter
Volume Charge increased 5 %, ($0 10) per Unit of Consumption (100 cubic feet)
Biochemical Oxygen Demand (BOD) increased 5 %, ($0 013) per pound
Suspended Solids (SS) increased 5 %, ($0 011) per pound
Rates for Pretreatment were also increased 5%
Non -owner (outside City) Retail Customers
Ready -to -Serve Charge increased $0 57 (3 1%) per month for a 3/4" water meter
Volume Charge increased $0 10 (3 1%) per Unit of Consumption (100 cubic feet)
Biochemical Oxygen Demand (BOD) increased $0 013 (2.6 %) per pound
Suspended Solids (SS) increased $0 011 (2.2 %) per pound
Rates for Septage, Exceptional Waste, and Diverted Flow were also increased approximately
25%
