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Ratepayers who discharge extra strength wastewater shall pay an ESC using either the (A) industry average rate, (B) the monitored rate, or (C) the per pound rate.

A. Industry Average Rate.

1. All nonresidential customers who are not paying the monitored rate or per pound rate whose wastewater discharges exceed residential strengths for BOD or TSS shall pay the industry average rate.

2. The ESC industry average rate shall be established by Council resolution setting rates based on the following categories: low, medium, high, and super high. The City Council shall establish by resolution an extra strength category table that lists the industries in each category. The City Manager shall maintain and may amend the extra strength category table.

3. The ESC sewer volume charge shall be based on the winter quarter average water consumption of the customer, and the amount shall be adjusted annually in the spring based on the most recent winter quarter average data. For new customers, the volume charge shall be based on a default average consumption value established in the City’s fee resolution. The rates in the ESC industry average rate may include a phased rate increase, with initial rates that do not cover all extra strength costs, over a period to be established by City Council resolution.

4. Any changes in use of a nonresidential property or in processes that may affect the strength of wastewater discharges shall be reported to the City’s Utility Billing Department by the customer. In addition, any changes in business practices at a particular nonresidential property that may affect the strength or distribution of strengths of wastewater shall be reported to the City’s Utility Billing Division.

5. When a single sewer account includes discharges from multiple sources, the account holder shall assign a proportionate share to each use, subject to City review and approval. The sewer volume charge will be applied by the City taking into account the proportionate use provided by the account holder. In the event that the account holder does not provide the City with an assignment of proportionate use, the total volume for the account will be assigned the highest strength among the sources of discharge on the account.

6. Any customer may request reclassification under BC 15.90.050 at the time the classification is initially assigned, after any change in classification, or after any change in use or practice at the property.

B. Monitored Rate.

1. Nonresidential sewer customers may pay the ESC based on their sewer discharge if they are eligible for and participate in the monitored rate as established in this subsection (B).

2. Customers are eligible to participate in the monitored rate program if there is a secure and accessible sampling location for the customer’s discharge that allows representative samples to be taken; and

3. Customers with an average BOD concentration of 2,000 mg/L and/or TSS concentration greater than 2,000 mg/L must participate in the monitored rate unless the customer applies for and is accepted into the per pound rate.

4. Any nonresidential customer may apply to be in the monitored rate. The application shall be accompanied by an application fee in an amount established in the City’s fee resolution. Customers that paid an ESC to the City prior to January 1, 2013, shall be exempt from the application fee for applications submitted prior to January 1, 2015.

5. An individual monitored program for each customer shall be established and agreed to in writing by the applicant for inclusion in the monitoring program. Each monitoring program shall be consistent with the City’s sampling standards and include:

a. A description of the sampling location.

b. A sampling schedule for the samples to be taken by the customer.

c. The ability for the City to access the sampling site and take samples.

d. A requirement that the customer samples be analyzed for BOD and TSS by an independent laboratory approved by the City.

e. An agreement on when the data will be presented to the City for monthly billing purposes.

6. On determination of the actual strength of the discharge as monitored, the customer shall pay the rate based on monitored load established by the extra strength category table, based on a 12-month rolling average basis.

7. The application for participation in the monitored rate shall include a consent to the City’s inspection of the property where the sewage discharge occurs to take samples and to inspect for compliance with the monitored rate and established agreement.

C. Per Pound Rate.

1. Nonresidential sewer customers may pay the ESC based on their sewer discharge if they are eligible for and participate in the per pound rate as established in this subsection.

2. Customers are eligible to participate in the per pound rate if there is a secure and accessible sampling location for the customer’s discharge, as defined in BC 15.60.020, that allows flow paced composite samples to be taken, and the customer has approved sampling and monitoring equipment necessary to provide daily self-analysis of BOD and TSS concentrations and daily process wastewater flow. Samplers shall be located in an area accessible by the City during regular business hours.

3. Any nonresidential customer may apply to participate in the per pound rate. The application shall be accompanied by an application fee in an amount established in the City’s fee resolution.

4. Accounts that are accepted into the per pound rate must enter into an agreement with the City that is consistent with the City’s sampling standards and include:

a. A description of the sampling location.

b. A description of the sampling equipment and processes to be utilized.

c. A sampling schedule identifying the time of day the flow paced composite sample will be taken.

d. An agreement on when the data will be presented to the City for monthly billing purposes.

5. On determination of eligibility and upon execution of the agreement, customer shall pay a rate set forth in the City’s fee schedule based on total pounds of BOD and TSS discharged per day, as well as the volume of waste discharged into the sewage system.

6. The application and agreement for participation in the per pound rate shall include a consent to the City’s inspection of the property where the sewage discharge occurs to take samples and to inspect for compliance with the per pound rate and established agreement. [Ord. NS-2481, 2023; Ord. NS-2242, 2015; Ord. NS-2212, 2014]