Wastewater Service Requirements

Article 171 Wastewater Service Requirements

Sec. 171.1 General. Certain areas of the District are served by wastewater treatment facilities designed to collect, treat, and dispose of wastewater from developments within each facility’s respective service area. The following rules apply to these systems:

(a) Requirements. Each applicant for service shall sign an application and furnish a legal description and a plot map of the property to be served. It shall be the applicant's responsibility to deliver wastewater (sewage) to the service point selected by the District at the elevation selected by the District. Service will be granted only where adequate collection lines have been installed. Where such facilities are not available, arrangements for construction of necessary facilities must be made in accordance with this code before service can be obtained. Separately owned properties may not be serviced through a single service lateral, with the exception of condominium or townhouse developments where the homeowners' association is empowered to contract for utilities.

(b) Wastewater Connection Inspection Fee. Each applicant shall pay an inspection fee to cover the cost of District inspection of the connection of the private wastewater line to the wastewater service lateral.

(c) Wastewater Connection Inspection Deposit. In addition to the wastewater connection inspection fee, each applicant shall submit the inspection deposit with the District at the time of application for wastewater service. The deposit will be returned after the wastewater lateral is inspected and approved by the District. It is the applicant's responsibility to call for an inspection at least 24 hours before backfilling. The deposit will be forfeited if inspection is not completed prior to occupancy or change of ownership, whichever occurs first. The District reserves the right to excavate any wastewater laterals that have been backfilled without District approval; and any costs incurred by the District due to excavation, etc., will be charged to the deposit. Should the deposit be inadequate, the applicant will be billed for the difference.

Sec. 171.2 Wastewater Capacity Charge. The applicant shall be required to pay the wastewater capacity charge in full before a service connection will be made. This wastewater capacity charge is for capital costs of the collection and treatment systems and is determined for each service area. Wastewater capacity charges and applicable deposits are refundable only if a wastewater application has not been used to obtain a building permit, if no connection to the District system has been made, and if the District has not built or committed itself to any facilities because of the application for which the fee was paid. The wastewater capacity charge shall be based on the number of equivalent dwelling units (EDUs), as described in the “Sewer Facility Design Manual” and allocated to the property to be served. The number of EDUs allocated to a parcel shall be in accordance with the

Per Ordinance No. 2004-05 Adopted 4/26/04 [Sec. 171.2]

Per Ordinance No. 2005-12 Adopted 11/7/05 [Sec. 171.1(b)&(c)]

Per Ordinance No. 2007-04 Adopted 1-29-2007 (Article 171)

type of improvement and its corresponding EDU demand, as indicated in the average daily demand schedule of the approved Sewer Facility Design Manual. The minimum wastewater capacity charge for any separate ownership shall be equal to the charge for a single family dwelling.

(a) Lower Moosa Canyon Water Reclamation Facility Service Area. The wastewater capacity charge for the Lower Moosa Canyon WRF shall be $8,514 per Equivalent Dwelling Unit (EDU). The charge may be collected in full at the time of application or in three incremental payments as follows:

1. Payment 1: Prior to issuance of a Project Facility Availability (PFA) Letter the applicant shall pay a deposit of $750 per EDU. For parcels being subdivided as a Major Subdivision, the applicant may enter into a wastewater service lien agreement for the full amount of the Wastewater Capacity Charge in lieu of this initial deposit. Applicant’s requesting service for parcels included in Assessment District 93-1 with an assessment lien for the desired capacity shall also be issued a PFA Letter in lieu of this initial deposit.

2. Payment 2: Prior to issuance of a Project Facility Commitment (PFC) letter, the applicant shall pay a total of $4,000 per EDU, less any previously paid wastewater capacity deposits for the project.

3. Payment 3: Prior to connection to the wastewater system or issuance of an Agency Clearance Letter, the applicant shall pay a total of $8,514 per EDU, less any previously paid wastewater capacity deposits for the project, plus a deposit of $500 for future capacity reservation fees.

Sec. 171.3 Wastewater Capacity Reservation Fee (Lower Moosa Canyon Water Reclamation Facility Service Area).

(a) Wastewater Commitments Issued after July 1, 2004. Applicants are expected to complete development plans and connect to the wastewater system within two (2) years of receiving a wastewater commitment. Because treatment capacity is available and maintained for each wastewater commitment and the District incurs operation and maintenance costs to maintain that capacity, a Wastewater Capacity Reservation Fee shall be charged. The charge shall be implemented two years after the issuance of the Project Facility Commitment (PFC) letter if the applicant’s project has not connected to the sewer system by that time. The Wastewater Capacity Reservation Fee shall be equivalent to 50% of the current monthly wastewater service fee. The fees shall be applied against previously collected wastewater capacity deposits.

Per Ordinance No. 2004-05 Adopted 4/26/04 [Sec. 171.3(a)]

Per Ordinance No. 2009-02 Adopted 5/4/09 [Sec. 171.2(a)]

If the applicant has not connected within three (3) years of the date of the original PFC letter, the commitment shall be terminated and the balance of the deposit refunded unless applicant requests the commitment be extended and all accrued capacity reservation fees are paid in full. Commitments may be extended on a year by year basis in this manner.

After the capacity charge is fully paid, the Capacity Reservation Fee would be deducted from the Capacity Reservation Fee deposit until connection is made. Depending upon when actual connection is made, additional Capacity Reservation Fee deposits may be required to sustain the capacity commitment. Once connection to the wastewater system is completed, the customer account would be established and regular monthly wastewater service billing would commence. Any remaining balance would then be refunded to the customer. Capacity reservation fees would not be charged earlier than two (2) years after the date of the original PFC letter.

(b) Meadows Development. Applicants for wastewater service for parcels located within the original Meadows Development (consisting of a total of 1,094 EDUs) shall be required to pay a Capacity Reservation Fee as set forth in Article 171.10, to offset a portion of the cost of operating the treatment plant below its capacity. Applicants subject to this sub-section are not subject to the provisions of sub-section171.3a.

Sec. 171.4 Unusual Service Fee. Any and all units that have unusual wastewater characteristics shall have rates established upon study and recommendation by the General Manager and approved by the Board of Directors.

Sec. 171.5 Service Connection.

(a) All connections or wastewater system laterals shall be of an approved watertight pipe material with watertight joints. A cleanout of the size of the pipe or lateral shall be installed near the easement or right-of-way line and shall be approved by the District. Construction, maintenance, and operation of the lateral shall be the sole responsibility of the property owner.

Per Ordinance No. 2004-05 Adopted 4/26/04 [Sec. 171.3(a)(b)]

Per Ordinance No. 2007-10 Adopted 7/16/2007 [Sec. 171.5(a)]

(b) The use of a wastewater system connection shall be limited to the units, uses, and estimated flows covered by the service application. Before connecting any additional units or changing flows, the property owner must make application to the District for such service and pay such additional fees as may be applicable. Periodic inspections of the premises may be made by the District; and if a violation is found, the charge for service shall be made by the District to cover the period, as determined by the District, during which unauthorized service was obtained by the property owner. The District shall also charge the property owner for all costs and for all investigating use of a wastewater as a storm drain or area drain.

(c) The use of automatic water conditioners is prohibited if the wastewater service is concurrently being provided to the property owner by the District. If there is an existing automatic water conditioner when the property owner applies for wastewater service, the water conditioner must be eliminated prior to connecting to the District line. Water conditioner service may be substituted by the customer in lieu of an automatic water conditioner unit. This restriction is mandatory in order to protect the District's system and utilization of reclaimed water.

(d) All commercial facilities (such as restaurants, service stations, etc.) connected to the District's wastewater system are required to prevent grease from being disposed of into its wastewater system. The District may require a grease trap be installed to meet and satisfy the requirements as stated in the District’s Commercial Wastewater Discharge Program.

Sec. 171.6 Monthly Charges. The customer shall be required to pay a monthly wastewater service charge as follows: The said charge will be due and payable monthly. Billing will be made on the District's water bills and shall follow the water billing rules and regulations for delinquencies, charges, and other rules and regulations.

(a) Lower Moosa Canyon Water Reclamation Facility. The monthly wastewater service charge shall be equal to the monthly service fee shown in Section 171.10 times the number of EDUs connected to the collection system. The number of EDUs connected shall be in accordance with the type of improvement and its corresponding EDU demand as indicated in the average daily demand schedule of the approved Sewer Facility Design Manual.

Per Ordinance No. 2007-14 Adopted 11/05/07 [Sec.171.5(d)]

Sec. 171.7 Unusual Service Surcharge. Units that cause abnormal operation and/or maintenance to be expended will be surcharged by adding EDUs to the monthly bill to cover the excess cost. Examples include frequent pumping of sludge, grease, or scum and abnormal number of service calls required. Any and all units that have unusual wastewater characteristics shall have rates established upon study and recommendation by the District.

Sec. 171.8 Discontinuance of Wastewater Services. When a customer does not receive water service, the service charges may be terminated only upon physical disconnection by the District of the customer's lateral from the District's line. Such disconnection may be ordered by the customer upon vacation of the premises and upon payment of the District charge for this work. Such disconnection may also be made by order of the District for failure of the customer to pay any sums due the District for wastewater service charges or wastewater capacity fees. Wastewater service shall be deemed discontinued for customers receiving water from the District during any period in which water service is shut off.

Sec. 171.9 Pressure Wastewater System Discharge into Gravity Wastewater System. Pressure wastewater collection systems may be discharged into the gravity system only upon approval by the District. They must be designed by a qualified engineer with satisfactory experience in design and operation of similar systems and must not create odors, hazardous conditions, damage the gravity wastewater facilities, or impede the treatment process. Each landowner must pay the wastewater capacity fee plus any inspection costs for installation of onsite facilities. Otherwise, these systems must comply with applicable Pressure Wastewater Collection Systems sections of this Code, including monthly charge.

Sec. 171.10 Wastewater Charges. Fees referenced in Articles 170, 171 and 172 are summarized below:

(a) General Fees.

1. Processing fees for:

a. Project Facility Availability (PFA) $50.00

b. Project Facility Commitment (PFC) $50.00

Per Ordinance No. 2006-06 Adopted 5/1/06 [Sec. 171.10(a)(1)]

(b) Lower Moosa Canyon Water Reclamation Facility.

1. Wastewater Capacity Charge (Sec. 171.2) $8,514.00/EDU

Deposit (issuance of PFA) $750.00/EDU⁽¹⁾⁽²⁾

Deposit (issuance of PFC) $3,250.00/EDU⁽³⁾

Balance (due prior to connection $4,514.00/EDU⁽³⁾

or issuance of Agency Clearance Letter)

2. Monthly Wastewater Service Fee: $44.50/EDU

3. Wastewater Capacity Reservation Fee:

A. Commitments issued after 50% of current

July 1, 2004 [Sec. 171.3(a)] Monthly Service Fee

B. Meadows development $675.00/EDU

[Sec. 171.3(b)]

4. Capacity Reservation Fee Deposit $500.00/EDU⁽⁴⁾

5. Wastewater Connection Inspection Fee $150.00/lateral

6. Wastewater Connection Inspection Deposit $1,250.00/lateral

⁽¹⁾Unless property to be served is included in Assessment District 93-1.

⁽²⁾Major Subdivision Developments may enter into a wastewater service lien

agreement for the full wastewater capacity charge in lieu of the initial

PFA deposit.

⁽³⁾Amount may vary depending on prior deposits and any unpaid capacity

reservation fees.

⁽⁴⁾Paid with balance of wastewater capacity fee.

Per Ordinance No. 2005-12 Adopted 11/7/05 [Sec. 171.10(b)(5)]

Per Ordinance No. 2005-12 Adopted 11/7/05 [Sec. 171.10(b)(6)]

Per Ordinance No. 2009-08 Adopted 7/20/09 [Sec. 171.10(b)(2)]

Per Ordinance No. 2009-02 Adopted 5/4/09 [Sec. 171.10(b)(1)]

Sec. 171.11 Woods Valley Sewer Service Area - Sewer Standby Fee. (For the purposes of this section, the term “Sewer” is a term of art and will be used to maintain the legal force and effect of prior Board actions.)

(a) Properties Subject to the Sewer Standby Fee. The owner(s) of each parcel of Undeveloped Property within the Woods Valley Sewer Service Area shall be required to pay a sewer standby fee (the "Sewer Standby Fee") for the availability of sewer service to such parcel. For purposes of this Section 171.11, a parcel of "Undeveloped Property" shall mean any parcel within the Woods Valley Sewer Service Area for which a Certificate of Occupancy or sewer permit has not been issued. The "Woods Valley Sewer Service Area" shall be that property shown in the diagram of such sewer service area contained in the Valley Center Municipal Water District Woods Valley Standby Sewer Service Area Engineer's Report prepared by Berryman & Henigar dated May 20, 2002 (the "Engineer's Report").

(b) Rate of Maximum Annual Sewer Standby Fee. The maximum annual Sewer Standby Fee ("Maximum Annual Sewer Standby Fee Per EDU") for Fiscal Year 2002-2003 is hereby fixed at $1,196.86 per equivalent dwelling unit (EDU). For purposes of this Section 171.11, EDU is the standard measurement of wastewater discharged into the Woods Valley Sewer Service Area sewer system equal to the anticipated annual discharge from a detached single family residence. The Maximum Annual Sewer Standby Fee Per EDU for each subsequent Fiscal Year, commencing on July 1, 2003, shall be increased by five percent (5%) or the increase in the Consumer Price Index for All Items, All Urban Customers, San Diego MSA (CPI-U), whichever is greater.

(c) Fixing of the Annual Sewer Standby Fee.

1. Annual Sewer Standby Fee for Fiscal Year 2002-2003. The Annual Sewer Standby Fee Per EDU for Fiscal Year 2002-2003 shall be $600.00 per EDU.

2. Annual Sewer Standby Fee for Fiscal Year 2003-2004 and Thereafter. For Fiscal Year 2003-2004 and thereafter, the annual Sewer Standby Fee (the "Annual Sewer Standby Fee") for any parcel of Undeveloped Property shall equal the number of EDU's assigned to such parcel multiplied by the lesser of (i) the Annual Sewer Standby Fee Per EDU calculated pursuant to Section 171.12(d)2 or (ii) the Maximum Annual Sewer Standby Fee Per EDU calculated pursuant to subsection (b) above.

Per Ordinance No. 2002-08 Adopted 7/15/02 [Sec. 171.11]

3. Sewer Standby Fee Annual Report. For Fiscal Year 2003-2004 and thereafter, the general manager of the District shall prepare or cause to be prepared a report (the "Sewer Standby Fee Annual Report") which shall contain a description of each parcel of Undeveloped Property within the Woods Valley Sewer Service Area and the amount of the Annual Sewer Standby Fee computed in conformity with the provisions of this subsection (c). The Sewer Standby Fee Annual Report shall be filed with the Secretary of the Board of Directors.

Upon receipt of the Sewer Standby Fee Annual Report, the Board of Directors may, by resolution, adopt, revise, change, reduce or modify the Annual Sewer Standby Fee as shown in the Sewer Standby Fee Annual Report; provided, however, the Annual Sewer Standby Fee for any parcel of Undeveloped Property may not exceed the Maximum Annual Sewer Standby Fee Per EDU multiplied by the number of EDU's assigned to such parcel.

(d) Manner of Collection of the Annual Sewer Standby Fee. The Annual Sewer Standby Fee shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together and not separately from, general taxes. The Annual Sewer Standby Fee shall be delinquent at the same time and thereafter subject to the same delinquency penalties as the general taxes.

1. Collection for Fiscal Year 2002-2003. On or before August 10, 2002, the Secretary of the District shall file or cause to be filed with the Auditor of the County of San Diego a copy of the Engineer’s Report, together with a statement endorsed on such report over his or her signature that such report has been adopted by the Board of Directors and the Auditor shall enter the amounts of the Annual Sewer Standby Fee for Fiscal Year 2002-2003 against the respective lots or parcels of land within the Woods Valley Sewer Service Area as they appear on the current assessment roll. If any such lot or parcel is not described in the current assessment roll, the Auditor may enter the description on assessment roll together with the amounts of the Annual Sewer Standby Fee, as shown in the report

2. Collection for Fiscal Year 2003-2004 and Thereafter. On or before August 10 of each year, commencing in 2003, following the final determination upon the Annual Sewer Standby Fee, the Secretary of the District shall file or cause to be filed with the Auditor of the County of San Diego a copy of the Sewer Standby Fee Annual Report, together with a statement endorsed on such report over his or her signature that such report has been finally adopted by the Board of Directors and the Auditor shall enter the amounts of the Annual Sewer Standby Fee against the respective lots or parcels of land within the Woods Valley Sewer Service Area as they appear on the current assessment roll. If any such lot or parcel is not described in the current assessment roll, the Auditor may enter the description on assessment roll together with the amounts of the Annual Sewer Standby Fee, as shown in the report.

3. Alternative Collection Method. As an alternative to the collection of the Sewer Standby Fee on the tax roll, the Water District may for any Fiscal Year elect to have the Sewer Standby Fee collected (a) by direct billing from the Water District to the owners of the properties subject to the levy of the Sewer Standby Fee or (b) pursuant to Health and Safety Code Section 5472.5 either (i) with the rates for any other utility service furnished by a department or agency over which the Board of Directors does not exercise control with the written consent and agreement of such department or agency or (ii) with a publicly or privately owned public utility with the written consent and agreement of such utility.

Sec. 171.12 Woods Valley Sewer Service Area - Annual Sewer Service Charge. (For the purposes of this section, the term “Sewer” is a term of art and will be used to maintain the legal force and effect of prior Board actions.)

(a) Properties Subject to the Annual Sewer Service Charge. The owner(s) of each parcel of Developed Property in the Woods Valley Sewer Service Area shall be required to pay an annual sewer service charge (the "Annual Sewer Service Charge"). For purposes of this Section 171.12, "Developed Property" shall mean any parcel located within the Woods Valley Sewer Service Area for which a Certificate of Occupancy or a sewer permit has been issued and "Woods Valley Sewer Service Area" shall mean that property shown in the diagram of such sewer service area contained in the Valley Center Municipal Water District Woods Valley Standby Sewer Service Area Engineer's Report prepared by Berryman & Henigar dated May 8, 2002.

(b) Annual Proceeding to Fix Sewer Service Charge. For Fiscal Year 2003-2004 and each fiscal year thereafter, the General Manager shall prepare or cause to be prepared a report (the "Sewer Service Charge Annual Report") which shall contain a description of each parcel of Developed Property within the Woods Valley Sewer Service Area and the amount of the Annual Sewer Service Charge (the "Annual Sewer Service Charge") computed in conformity with the provisions of subsection (d) below. The Sewer Service Charge Annual Report shall be filed with the Secretary of the Board of Directors.

The Secretary shall cause notice of the filing of the Sewer Service Charge Annual Report and of the time and place of a public hearing on such report to be published pursuant to Health and Safety Code Section 5473.1.

At the time and place set for the public hearing, the Board of Directors shall hear and consider all objections or protests, if any, to the Sewer Service Charge Annual Report. The public hearing may be continued from time to time. If the Board of Directors finds that protest has been made by the owners of a majority of the separate parcels of property described in the Sewer Service Charge Annual Report, the Board of Directors may not order that the Sewer Service Charge be collected on the tax roll.

Upon the conclusion of the public hearing, the Board of Directors may, by resolution, fix the Annual Sewer Service Charge or overrule any and all objections and shall make its determination upon each Annual Sewer Service Charge. The determination of the Board of Directors shall be final.

Per Ordinance No. 2002-09 Adopted 7/15/02 [Sec. 171.12]

(c) Method of Collection of the Annual Sewer Service Charge.

1. Collection for Fiscal Year 2002-2003. The Annual Sewer Service Charge for Fiscal Year 2002-2003 shall be collected on the tax roll in the same manner, by the same persons, and at the same time as, together and not separately from, general taxes.

On or before August 10, 2002, the Secretary of the District shall file or cause to be filed with the Auditor of the County of San Diego a copy of the Sewer Service Charge Annual Report, together with a statement endorsed on such report over his or her signature that such report has been adopted by the Board of Directors and the Auditor shall enter the amounts of the Annual Sewer Service Charge for Fiscal Year 2002-2003 against the respective lots or parcels of land within the Woods Valley Sewer Service Area as they appear on the current assessment roll. If any such lot or parcel is not described in the current assessment roll, the Auditor may enter the description on assessment roll together with the amounts of the Annual Sewer Service Charge, as shown in the report.

2. Collection for Fiscal Year 2003-2004 and Thereafter. The Annual Sewer Service Charge for each future Fiscal Year shall also be collected on the tax roll in the same manner, by the same persons, and at the same time as, together and not separately from, general taxes unless a majority protest to the Sewer Service Charge Annual Report shall have been filed for any such Fiscal Year. On or before August 10 of each year, commencing in 2003, following the final determination upon the Annual Sewer Service Charge, the Secretary of the District shall file or cause to be filed with the Auditor of the County of San Diego a copy of the Sewer Service Charge Annual Report, together with a statement endorsed on such report over his or her signature that such report has been finally adopted by the Board of Directors and the Auditor shall enter the amounts of the Annual Sewer Service Charge against the respective lots or parcels of land within the Woods Valley Sewer Service Area as they appear on the current assessment roll. If any such lot or parcel is not described in the current assessment roll, the Auditor may enter the description on assessment roll together with the amounts of the Annual Sewer Service Charge, as shown in the report.

3. Alternative Collection Method. If a majority protest to the Sewer Service Charge Annual Report is made pertaining to the Annual Sewer Service Charge for any Fiscal Year, one twelfth of such Annual Sewer Service Charge as fixed by the Board of Directors shall be billed each month on the monthly water bill and shall be subject to the rules and regulations affecting water bills including, but not limited to, delinquent penalties for nonpayment.

(d) Fixing of the Annual Sewer Service Charge.

1. Aggregate Sewer Revenue Requirement. Commencing with Fiscal Year 2003-2004, the Board of Directors of the District shall determine the estimated cost of operation and maintenance of the Woods Valley Water Reclamation Plant and the Woods Valley Sewer Service Area on-site wastewater collection system, together with an operating reserve not to exceed 50% of the estimated cost of operation and maintenance, plus an annual expense for depreciation and a capital replacement reserve (collectively, the "Aggregate Sewer Revenue Requirement").

2. Allocation. The Aggregate Sewer Revenue Requirement shall be divided by the total number of EDU's assigned by the general manager to the parcels within the Woods Valley Sewer Service Area. The general manager shall assign EDU's to parcels of both Developed Property and Undeveloped Property (as defined in Section 171.11(a)). Each parcel within the Woods Valley Sewer Service Area shall be classified as Developed Property or Undeveloped Property. The number of EDU's assigned to a parcel of Undeveloped Property shall be based upon the proposed use of such parcel as shown on TM 5004. The number of EDU's assigned to a parcel of Developed Property shall be based upon the actual use of such parcel. Each single family residential parcel of Developed Property within the residential area of TM 5004 will be assigned 1.0 EDU. The 3 non-residential lots located on the 163 acre non-residential portion of TM 5004 shall be assigned a total of 10.0 EDU's. The resulting quotient shall equal the annual sewer cost per EDU (the "Annual Sewer Standby Fee Per EDU" as used in Section 171.11 or the "Annual Sewer Cost Per EDU" as used in this Section 171.12).

3. Computing the Annual Sewer Service Charge for Any Parcel. The Annual Sewer Service Charge for any parcel of Developed Property for any Fiscal Year shall be equal to the number of EDU's assigned to such parcel multiplied by the Annual Sewer Cost Per EDU for such Fiscal Year determined pursuant to subsection 2. above.