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HomeMy WebLinkAbout2000-055 Reenacting Wastewater Rates • • ORDINANCE NO. 2000- 55 AN ORDINANCE relating to wastewater rates, fees, and charges; reenacting, ratifying, approving, and confirming the wastewater rates, fees, and charges passed on November 16, 1999. WHEREAS, on October 26, 2000, the Washington State Supreme Court declared Initiative 695 to be unconstitutional in its entirety; and WHEREAS, several cities have filed a lawsuit challenging the constitutionality of Initiative 722 in its entirety and requesting an injunction to prevent Initiative 722 from taking effect; and WHEREAS, these constitutional challenges create uncertainty as to whether or not Initiative 722 is legally valid; and WHEREAS, in light of these legal uncertainties, the City Council deems it to be in the best interest of the City of Yakima to clarify the City Council's intent with respect to the wastewater rates, fees, and charges passed on November 16, 1999, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Ordinance No. 99 -47 passed on November 16, 1999, a copy of which is attached hereto as Exhibit A and incorporated by reference herein, is hereby reenacted, ratified, approved, and confirmed effective January 1, 2000. Section 2. 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 domestic water consumption; PROVIDED that in no event shall the total wastewater service charged be Less than the minimum charge indicated below: Minimum charge effective Minimum charge effective March 24, 1997 January 1, 1998 January 1, 1998 - December 31, 1999 $ 7.55 $7.78 /month $ 7.78 $8.17 /month -1- (Ikbrd/wastewater rates 2000 /rip (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: Water Charges effective Charges effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 Meter Size (Inches) Monthly charge Bimonthly charge Monthly charge Bimonthly charge 3/4 $7.55 $7.78 $15.10 $15.56 $7.78 $8.17 $15.56 $16.34 1 9739 9.88 19.18 19.76 948 10.38 -1-97-7E 20.76 1 -1/2 12.38 12.76 247-76 25.52 6, 13.40 25.52 26.80 2 19.93 20.54 39786 41.08 20.51 21.57 41.08 43.14 3 7340 77.80 15 155.60 77.80 81.70 155.60 163.40 4 96.11 99.04 192.22 198.08 99704 104.00 198.08 208.00 6 144.21 148.60 288.42 297.20 448768 156.05 297.20 312.10 8 199.02 205.08 398.01 410.16 205.08 215.36 4-1447-14 430.72 10 398.04 410.16 796.08 820.32 410.16 430.72 820.32 861.44 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: Ready -to -serve charge effective Ready -to -serve charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 ($3 79-3 $4.05 /account) + ($3-6-2 $3.73 /dwelling unit) ($4.05 $4.25 /account) + ( 3 $3.92 /dwelling unit) (b) Volume Charge. For all customers, the volume charge shall be determined by the following. Volume charge effective Volume charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 $4785 $1.39 per 100 cubic ft. of water consumption $4-789 $1.46 per 100 cubic ft. of water consumption -2- (tk)ord/waslewaler rates 2000/rip F , 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 suspended solids (SS), 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 SS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses, at its expense, to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in 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 SS) 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 SS 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 March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 Unit cost per pound for BOD $0.214 $0.214 $0.225 Unit cost per pound for SS $0.140 $0.140 $0.147 Weight of one gallon of water 8.34 pounds 8.34 pounds Section 3. 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: Minimum charge effective Minimum charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 $ 14.41 $15.31 /month $ 15.31 $15.70 /month -3- ( Iklord/wastewater rates 2000 /rlp (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: Water Charges effective Charges effective March 24, 1997 January 1, 199g January 1, 1998 December 31, 1999 Meter Size (Inches) Monthly charge Bimonthly charge Monthly charge Bimonthly charge 3/4 $ 14.14 $ 15.31 $ 28.8g $30.62 $ 15.31 $15.70 $ 30.62 $ 31.40 1 18.34 19.44 36.68 38.88 4-944 19.94 38785 39.88 1 -1/2 23.6g 25.11 47.36 50.22 25.11 25.75 50.22 51.50 2 38.12 40A2 76.21 80.84 4943 41.45 58 54 82.90 3 44449 153.10 288.80 306.20 153.10 157.00 387.29 314.00 4 183.82 194.90 367.61 389.80 194.90 199.86 389.80 399.72 6 275.80 292.42 551.68 584.84 29-274-2 299.87 584784 599.74 8 388764 403.57 761.28 807.14 403.57 413.85 507.14 827.70 10 761.28 807.14 1,522.56 1,614.28 887.1-4 827.70 1,614.2& 1,655.40 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: Ready -to -serve charge effective Ready -to -serve charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 ($773 -1- $7.96 /account) + ($613 $7.35 /dwelling unit) ($7:96 $8.16 /account) + ($7735 $7.54 /dwelling unit) (b) Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge effective Volume charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 $245 $2.73 per 100 cubic ft. of water consumption $2:73 $2.80 per 100 cubic ft. of water consumption -4- Okbrd/wasiewater rates 2000/rlp 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 suspended solids (SS), 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 SS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses at its expense to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in 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 SS) 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 SS 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 March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 Unit cost per pound for BOD $0.444 $0.481 $0.481 $0.492 Unit cost per pound for SS $0.372 $0.476 $0.476 $0.483 Weight of one gallon of water 8.34 pounds 8.34 pounds Section 4. 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 Charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 $0.230 $0.265/gal. $0.265 $0.278/gal. -5- (Ik)ord/wastewater rates 2000/rip B. Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7.63, the charge shall be calculated by reference to the following formula: Exceptional wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment costs. Treatment costs shall be determined by reference to the following formula: Treatment costs = [(UBOD /SS) x (WW) x (V/1,337) x (CBOD /SS)] + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD /SS = Concentration of BOD or SS (in parts per million); and the remaining values are as follows: Value effective Value effective Abbreviation Meaning March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 UBOD /SS Unit cost per pound of 48:444 $0.481(BOD); $0.481 $0.492(BOD); BOD or SS $0.372 $0.476(SS) $8:476 $0.483(SS) W Weight of one gallon of 8.34 pounds 8.34 pounds water U Unit cost per one hundred $0.245 $0.245 $0.257 cubic feet of volume (2) Receiving Costs. Receiving costs shall be calculated by the wastewater superintendent and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in Section 7.65.105. The wastewater superintendent shall have final authority over what tests shall be required for any discharge. C. The amount of the disposal fee, at the rate specified in 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. -6- (Ik)ord/wastewater rates 2000 /rip Section 5. Section 7.60.040 of the Municipal Code is hereby amended to read as follows: 7.60.040 Diverted flow charge for users of food processing wastewater system. A. "Diverted flow" shall have the meaning set forth in Section 7.12.030. B. The fee for this diverted flow shall be calculated by reference to the following formula: Diverted Flow Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment costs. Treatment costs shall be determined by reference to the following formula: Treatment costs = [(UBOD /SS) x (WW) x (V/1,337) x (CBOD /SS)] + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD /SS = Concentration of BOD or SS (in parts per million); and the remaining values are as follows: Value effective Value effective Abbreviation Meaning Marc '", 1 99 7 January 1, 1998 January 1, 1998 December 31, 1999 UBOD /SS Unit cost per pound of $07266 $0.318(BOD); $0.318 0.334(BOD); BOD or SS $0.228 $0.315(SS) $0.315 $0.331(SS) W Weight of one gallon of 8.34 pounds 8.34 pounds water U Unit cost per one hundred $0.192 $0.192 $0.202 cubic feet of volume (2) Receiving Costs. Receiving costs shall be calculated by the wastewater superintendent and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in Section 7.65.105. The wastewater superintendent shall have final authority over what tests shall be required for any discharge. C. Any fees due for diverted flow shall be in addition to annual charges established under Chapter 7.12. The diverted flow charge provided in this chapter shall be payable as billed by the city. -7- (Ik rates 2000 /rip Section 6. 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. B. Rates, Charges and Fees to be Published. The wastewater superintendent 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 superintendent 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 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: $33.33 $35.00 /month. Significant industrial 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 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 period, pursuant to the following schedule: Sampling Period Charge effective Charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 First day $182.82 $182.82 $191.96 Each subsequent day in the same $69.23 $69.23 $72.69 sampling period. -8- (Ik)ord/wastewater rates 2000 /rlp (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: Test Laboratory Testing Fee BOD- Biochemical Oxygen Demand $30.31 TSS -Total Suspended Solids $30.31 pH $15.15 Alkalinity (Carbonate) $15.15 Ammonia (Ion Selective Probe) $15.15 Chlorine Residual (Colorimetric) $15.15 Dissolved Oxygen (Azide) $15.15 Dissolved Oxygen (Membrane) $15.15 Fecal Coliform $45.46 FOG -Fats. Oils & Grease $60.61 MPN $303.05 Nitrate $30.31 Nitrite $30.31 OrganicNolatile Acids $15.15 Total Volatile Solids $30.31 BNA (Semivolatiles) $350.00(1) BTEX $887.76 Metals $2,219.40 Pesticides/PCB's $1,109.70 TPH $100.00(1) Volatile Organics $887.76 Notes: (1) Fee shown is an estimate. 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. Glossary: BTEX: Benzene, Toluene, Ethylbenzene, and Zylene - Highly volatile hydrocarbons. BNA: Base Neutral Acids (Semivolatile Organic compounds). TPH: Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and other fuels). (3) Flat Rate Fees. A flat rate fee is assessed on each of certain transactions or services, pursuant to the following schedule: • Transaction or Service Flat Rate Fee Discharge Authorization (1) $250.00 Compliance Inspection $ 50.00 Dye testing $ 50.00 Smoke testing $ 50.00 TVing (per hour) $280.00 Notes: (1) Includes only the first 50,000 gallons of flow. See Chapter 7.65. -9- (Ikprd/wasiewaier rates 2000 /rip 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 superintendent. Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city's expenses associated with obtaining services from private laboratories and other third persons, and the city's own administrative and other costs. 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 7. 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 8. This ordinance shall be in full force and effect (30) calendar days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 21st day of November, 2000. X igt6( Mary Place, Mayor ATI EST: 4 titt—t—w4"--° , G,VriG. City Clerk Publication Date: 11 - - 2000 Effective Date: 12 - - 2000 -10- (Ik)ord/wastewater rates 2000 /rip ORDINANCE NO. 99- 47 AN ORDINANCE relating to wastewater rates, fees, and charges; increasing various wastewater rates, fees, and charges; amending Sections 7.60.020, 7.60.025, 7.60.035, 7.60.040, 7.60.105; and providing for related matters. WHEREAS, the City of Yakima (the "City ") is authorized by RCW Title 35 to acquire, construct, own, operate, and provide financing for waterworks and systems of sewerage, and to establish rates, fees, and charges therefor, 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 7.60.020 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 domestic water consumption; PROVIDED that in no event shall the total wastewater service charged be less than the minimum charge indicated below: Minimum charge effective Minimum charge effective March 24, 1997 January 1, 1998 January 1, 1998 December 3I, 1999 $ 7.55 $7.78 /month $ 7.78 $8.17 /month 1 EXHIBIT A (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: Water Charges effective Charges effective March 21, 1997 J > 1998 January 1, 1998 December 31, 1999 Meter Size (Inches) Monthly charge Bimonthly charge Monthly charge Bimonthly charge 3/4 $-775-5 $7.78 $43.10 $15.56 57.78 $8.17 $4 -57-56 516.34 1 949 9 88 19.18 19,76 9785 10.38 +97-76 20.76 1 -1/2 12.38 12.76 24.76 25.52 476 13.40 25.52 26.80 2 +979-3 20.54 39786 41.08 20.54 21.57 41.08 43.14 3 93.50 77,80 151.00 155.60 4-7780 81.70 155.60 163.40 4 96.11 99.04 192.22 198.08 994 104.00 198.08 208.00 6 144.21 148.60 288.42 297.20 44860 156.05 29-� 312.10 8 199.02 205.08 398.04 410.16 205.08 215.36 4446 430.72 10 398.04 410.16 796.08 820.32 110.16 430.72 82 861.44 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: Ready - to-serve charge effective Ready -to -serve charge effective March 2A, 1997 January 1, 1998 January 1, 1998 December 31, 1999 (S-3793 54.05 /account) + (53.62 $3.73 /dwelling unit) ($4.05 $4.25 /account) + (3 $3.92 /dwelling unit) (2) Volume Charge. For all customers, the volume charge shall be determined by the following. Volume charge effective Volume charge effective March 21, 1997 January i 1998 January 1, 1998 December 31, 1999 $445 51.39 per 100 cubic ft. of water consumption S-1739 51.46 per 100 cubic ft. of water consumption -2- 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 suspended solids (SS), 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 SS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses, at its expense, to install a sampling . station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in 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 SS) 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 SS 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 March 24, 1997 January 1, 1998 January 1, 1998 December 31, 1999 Unit cost per pound for BOD $0.214 $$ 2-}4 $0.225 Unit cost per pound for SS $0.140 50.140 $0.147 Weight of one gallon of water 8.34 pounds 8.34 pounds Section 2, 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: Minimum charge effective Minimum charge effective March 24 1oo7 January 1, 1998 January 1, 1998 December 31, 1999 S 11.14 $15.31 /month $ 15.31 $15.70 /month -3- (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: • Water Charges effective Charges effective March 24, 1997 January 1, 1998 January 1. 1998 December 31, 1999 Meter Size (Inches) Monthly charge Bimonthly charge Monthly charge Bimonthly charge 3/4 $ 14.44 $ 15.31 $ 28.88 $30.62 $ 15.31 $15.70 $ 30.62 $ 31.40 1 18.34 19.44 36768 38.88 +9744 19.94 38.88 39.88 1 -1/2 23.68 25.11 47736 50.22 25.11 25.75 50.22 5I.50 2 38.12 40.42 76.21 80.84 10.42 41.45 80784 82.90 3 144.40 153.10 288.80 306.20 153.10 157.00 306:20 314.00 4 183.82 194,90 367.64 389,80 194.90 199.86 389.80 399.72 6 275.80 292.42 551.60 584,84 292.42 299.87 584.81 599.74 8 380.64 403.57 761.28 807.14 403.57 413.85 807.14 827.70 10 761.28 807.14 1,522.56 1.614.28 80-77+4 827.70 1,614.28 1,655,40 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: Ready- to-serve charge effective Ready -to -serve charge effective January i i 998 January 1, 1998 December 31. 1999 (84754 $7.96 /account) + (S6:93 $7.35 /dwelling unit) (87796 58.16 /account) + ($ $7,54 /dwelling unit) (b) Volume Charge. For all customers, the volume charge shall be determined by the following: Volume charge effective Volume charge effective March 24, 1-9.9.7 January 1, 1998 January 1, 1998 December 31, 1999 X58 $2.73 per 100 cubic ft. of water consumption S277-3 52.80 per 100 cubic ft of water consumption -4- 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 suspended solids (SS), 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 SS concentrations typical to each classification under the Standard Industrial Code or by actual concentrations verified by the city. If the customer chooses at its expense to install a sampling station, the strong waste charge shall be calculated based upon actual concentrations. Any testing done by the city may be charged at the rates set forth in 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 SS) 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 SS 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 March 21, 1997 January 1, 1998 January 1, 1998 December 31, 1999 Unit cost per pound for BOD $0.444 $0.481 $9:48 $0.492 Unit cost per pound for SS 50.372 50.476 50.476 $0.483 Weight of one gallon of water 8.34 • •unds 8.34 sounds Section 3. 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 Charge effective March 2/1, 1— January > 1998 January 1, 1998 December 31, 1999 $0.230 $0.265/ga1. $0.265 $0.278 /gal. �, -5- B. Exceptional Wastewater Disposal Charge. For exceptional wastewater disposed pursuant to Chapter 7.63, the charge shall be calculated by reference to the following formula: Exceptional wastewater Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment costs. Treatment costs shall be determined by reference to the following formula: Treatment costs = [(UBOD /SS) x (WW) x (V/1 x (C BOD /SS)) + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD /SS = Concentration of BOD or SS (in parts per million); and the remaining values are as follows: Value effective Value effective Abbreviation Meaning March 24, 1997 January 1, 1998 January 1. 1998 December 31. 1999 UBOD /SS Unit cost per pound of $0.414 $0,481(BOD); $0.481 $0.492(BOD); BOD or SS 50.372 $0.476(SS) $0.476 $0.483(SS) War Weight of one gallon of 8.34 pounds 8.34 pounds water UV Unit cost per one hundred $0.245 $0.245 50.257 cubic feet of volume (2) Receiving Costs. Receiving costs shall be calculated by the wastewater superintendent and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in Section 7.65.105. The wastewater superintendent shall have final authority over what tests shall be required for any discharge. C. The amount of the disposal fee, at the rate specified in 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. -6- Okp.dAv=u .aer nreupm Section 4. Section 7.60.040 of the Municipal Code is hereby amended to read as follows: 7.60.040 Diverted flow charge for users of food processing wastewater system. • A. "Diverted flow" shall have the meaning set forth in Section 7.12.030. B. The fee for this diverted flow shall be calculated by reference to the following formula: Diverted Flow Charge = (Treatment Costs) + (Receiving Costs) + (Testing Costs) (1) Treatment costs. Treatment costs shall be determined by reference to the following formula: Treatment costs = [(UBOD /SS) x (WW) x (V/1,337) x ( /SS)] + [(UV) x (V)] where: V = Volume discharged (in one hundred cubic feet); CBOD /SS = Concentration of BOD or SS (in parts per million); and the remaining values are as follows: Value effective Value effective Abbreviation Meaning March 24, 1997 January 1, 1998 January 1, 1998 December 3], 1999 UBOD /SS Unit cost per pound of 50.266 S0.318(BOD); $0.318 0.334(BOD); BOD or SS $0.228 $0.315(SS) $,0.315 $0.331(SS) WW Weight of one gallon of 8.34 pounds 8.34 pounds water UV Unit cost per one hundred $0.192 50.192 50.202 cubic feet of volume (2) Receiving Costs. Receiving costs shall be calculated by the wastewater superintendent and based on actual or estimated staff time, materials, and related costs incurred in connection with receiving the particular waste at issue. (3) Testing Cost. The costs of any testing are set forth in Section 7.65.105. The wastewater superintendent shall have final authority over what tests shall be required for any discharge. C. Any fees due for diverted flow shall be in addition to annual charges established under Chapter 7.12. The diverted flow charge provided in this chapter shall be payable as billed by the city. c�....e....� -7- Section 5. 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. B. Rates, Charges and Fees to be Published. The wastewater superintendent 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 superintendent 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 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: $33.33 $35.00 /month. Significant industrial 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 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 period, pursuant to the following schedule: Sampling Period Charge effective Charge effective March 21, 1997 January 1, 1998 January 1. 1998 December 31, 1999 First day S182.82 $182.82 $191.96 Each subsequent day in the same $69.23 $69.23 $72.69 sampling period. /�. -8- nuentpm (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: Test Laboratory Testing Fee BOD- Biochemical Oxygen Demand $30.31 TSS -Total Suspended Solids $30.31 pH $15.15 Alkalinity (Carbonate) $15.15 Ammonia (Ion Selective Probe) $15.15 Chlorine Residual (Colorimetric) $15.15 Dissolved Oxygen (Azide) $15.15 Dissolved Oxygen (Membrane) $15.15 Fecal Coliform $45.46 FOG -Fats. Oils & Grease $60.61 MPN $303.05 Nitrate $30.31 Nitrite $30.31 OrganicNolatile Acids $15.15 Total Volatile Solids $30.31 BNA (Semivolatiles) $350.00(1) BTEX $887.76 Metals $2,219.40 Pesticides/PCB's $1,109.70 TPH $100.00(1) Volatile Organics $887.76 Notes: (1) Fee shown is an estimate. 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. Glossary: BTEX: Benzene, Toluene, Ethylbenzene, and Zylene - Highly volatile hydrocarbons. BNA: Base Neutral Acids (Semivolatile Organic compounds). TPH: Total Petroleum Hydrocarbons (includes oils, gasoline, diesel, and other fuels). (3) Flat Rate Fees. A flat rate fee is assessed on each of certain transactions or services, pursuant to the following schedule: Transaction or Service Flat Rate Fee Discharge Authorization (1) $250.00 Compliance Inspection $ 50.00 Dye testing $ 50.00 Smoke testing $ 50.00 TVing (per hour) $280.00 to (1) Includes only the first 50,000 gallons of flow. Les Chapter 7.65. -9- ak*Wwe nnuer m 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 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 superintendent. Such amendments shall be based on changes in the costs of providing sampling, laboratory and miscellaneous wastewater pretreatment services. In determining whether there has been a change in the costs of providing service, the city council may consider the city's expenses associated with obtaining services from private laboratories and other third persons, and the city's own administrative and other costs. 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 6. This ordinance shall be effective thirty (30) days after its adoption and publication as provided by law. PASSED BY THE CITY COUNCIL, signed and approved this 16th day of November, 1999. John Puccinelli, Mayor A'1 I1rST: City Clerk Publication Date] 11 -20 -99 Effective Date: 12 -19-99 b a and c'or1'f'e :_ c'c: , C:1.U1te origin .l fiic,(1 in m:} offic /1--/ n° CITY CLERK .10- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 6 For Meeting Of: November 21, 2000 ITEM TITLE: Consideration of ordinance reenacting, ratifying, approving and confirming the Wastewater rates, fees, and charges passed on November 16, 1999. SUBMITTED BY: Dick Zais, City Manager Rita Anson, Finance Director CONTACT PERSON/TELEPHONE: Rita Anson, Finance Director #575 -6070 Ray Paolella, City Attorney #575 -6030 - SUMMARY EXPLANATION: On November 16, 1999, Council approved a 5% wastewater rate increase. Council approved this rate increase due to the anticipated extraordinary legal expenses related to the City Wastewater Division's ongoing odor litigation. The City's litigation defense involves the expenditure of funds for attorneys' and consultants' fees and expenses to conduct discovery; assess discovery responses for both plaintiffs and defendant; research factual and legal positions; prepare and advocate legal motions; prepare, take and defend depositions and prepare all elements for trial. These expenses have continued, and escalated, during the past year. Initiative 722 (I -722) was passed on November 7, 2000. There are many uncertainties surrounding I -722, and a lawsuit has already been filed challenging the constitutionality of the initiative. On December 7, 2000, I -722 is scheduled to become effective and, if upheld by the courts, will repeal Council's previous decision to adjust wastewater rates, unless those rates are reenacted prior to December 7, 2000. Prior to the effective date of I -722, Council may re -enact the rate adjustments adopted in 1999. This would sustain those revenues already collected and spent on services provided in 2000, estimated to be approximately $300,000. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: This is a Council Policy Issue BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2000 -55