It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare and convenience
of the citizens of West Haven to collect charges from all users who
contribute wastewater to the West Haven wastewater treatment works.
The proceeds of such charges so derived will be used for the purpose
of operating and maintaining the public wastewater treatment works.
The revenues collected, as a result of the user charges levied,
shall be deposited in a separate nonlapsing fund known as the "User
Charge Operating Fund" as established in this chapter. Fiscal year
end balances in the operation, maintenance and replacement of the
fund shall be used for no other purposes than those designated.
[Amended 12-27-1993 by Ord. No. 335]
A.
Each user shall pay for the services provided by the City of West
Haven based on his use of the treatment works as determined by its
equivalent units.
B.
For residential users, annual user charges will be based on one-family
and multiple-family houses and buildings. One equivalent unit will
be assigned for each dwelling unit irrespective of the number of bedrooms
in each dwelling unit. "Dwelling unit" shall be as defined by the
West Haven Code Housing Maintenance and Occupancy.[1]
C.
For industrial, institutional, governmental and commercial users,
annual user charges will be based on equivalent units determined by
dividing the annual water use in gallons as measured by their water
meter by 91,250, rounded up to the nearest whole number. A minimum
of one equivalent unit will be assigned to each user if the equivalent
units as determined above are less than one.
D.
If a governmental, commercial, institutional or industrial user has
a consumptive use of water or in some other manner uses water which
is not discharged into the water collection system, the user charge
for that contributor may be based on readings of a wastewater meter(s)
or separate water meter(s) installed and maintained at the user's
expense when approved by the Water Pollution Control Commission. Equivalent
units will be determined by the Water Pollution Control Commission.
E.
Water consumption for users not served by a metered water supply
shall be estimated by the Water Pollution Control Commission on the
basis of information submitted to it by the user and on the basis
of records it has of water consumption of similar buildings and users.
In order to expedite such estimates, the Water Pollution Control Commission
may require the user of any such property not serviced by a metered
water supply to submit a sworn statement of water consumption for
the year, with such statement to be supported by any available records
or other evidence of water consumption. The Commission may also require
the user of any such property not serviced by a metered water supply
to install and maintain a water meter at the sole expense of such
user.
F.
For those users whose wastewater has a greater strength than normal
domestic sewage, a surcharge in addition to the normal user charge
will be collected. The surcharge for operation and maintenance, including
replacement, shall be determined by the Water Pollution Control Commission.
G.
Any user which discharges any toxic pollutants (as defined in Chapter 191 of the West Haven Code, entitled "Sewers"), which causes an increase in the cost of managing the effluent or the sludge from the City of West Haven's treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works shall pay for such increased costs. The charge to each user shall be determined by the WPCC and the City Council.
H.
The user charge rates established in this Article apply to all users
of the City of West Haven's treatment works. Any party in the
Town of Orange or any other area outside of the City of West Haven
who is not connected to the Orange Sewer District lines and is discharging
wastewater to the West Haven wastewater treatment facilities shall
pay for such services in the same manner as the users of the City
of West Haven. Equivalent unit costs for such users shall be increased
50% to account for capital cost of the facilities.
I.
Users outside of the City of West Haven and the Town of Orange Sewer
District shall submit a copy of their water bill which shows their
annual water usage to be used for billing purposes. Users in the City
of West Haven and the Town of Orange Sewer District need not submit
such information, unless requested, as such necessary information
will be obtained directly by the WPCC.
A.
All users shall be billed one time per year. The bill shall represent
the total amount owed for the usage during the past year based on
the actual records of the past year. The City Council shall allow
payments to be made in two installments. Any payment not received
within 30 days after the date(s) specified on the bill shall be delinquent.
B.
Bills shall be sent out at the same time property tax notices are
sent.
C.
A late payment penalty of 1.5% of the user charge bill will be added
to each delinquent bill for each 30 days or portion thereof of delinquency.
When any bill is more than 90 days in default, a penalty of 5% of
the user charge bill will be added to each delinquent bill for each
30 days or portion thereof of delinquency. All interest shall be compounded
on a monthly basis.
D.
When any bill (including interest and penalty) remains unpaid for
one year after the date due, such bill shall be recorded in the land
records of the City of West Haven and shall constitute a lien on the
property. If such lien (including interest and penalty) remains unpaid
for a period of one year after the date of recordation, such property
shall be subject to public sale by the city.
E.
The Town of Orange (Orange Sewer District) shall be billed and shall
pay such bill in accordance with the Intertown Agreement.
[Amended 8-26-1998 by Ord. No. 371]
A.
All users contributing more than 25,000 gallons per day and/or whose
waste strength is greater than 250 milligrams BOD per liter or 250
milligrams suspended solids per liter or 100 milligrams total oil
and grease per liter shall prepare and file with the Water Pollution
Control Commission a report that shall include pertinent data relating
to the wastewater characteristics, including the methods of sampling
and measurement to obtain these data, and these data shall be used
to calculate the user charge for that user. The user may submit a
new report with updated sampling results as often as the user deems
necessary to ensure an accurate charge rate.
B.
The Water Pollution Control Commission and its designated agents
shall have the right gain access to the waste stream and take its
own samples. Should the Water Pollution Control Commission do so and
should the results be substantially different from the data submitted
by the user as determined by the Water Pollution Control Commission,
the WPCC may recommend to the City Council that the charge for that
user shall be revised for the next billing cycle period. Additionally,
if the results indicate a higher charge rate, the user shall submit
a report within six months after the issuance of written notification
from the WPCC that substantially explains the difference between the
user's filed results and the WPCC's results. If the WPCC
determines that the user's filed results were in any way fraudulent,
the WPCC shall recommend to the City Council that the adjusted charge
shall be applied to the previous billing cycles back to the date that
the user's previous results were filed. Any underpayment based
on the revised charge rates for that period shall be owed to the city
with a ten-percent penalty applied to the total amount owed.
A.
Any user who feels his user charge is unjust and inequitable may
make written application to the Water Pollution Control Commission
requesting a review of his user charge. Said written request shall,
where necessary, show the actual or estimated average flow and strength
of his wastewater in comparison with the values upon which the charge
is based, including how the measurements or estimates were made.
B.
Review of the request shall be made by the Water Pollution Control
Commission and, if substantiated, the WPCC shall recommend to the
City Council that the user charges for that user shall be recomputed
based on the revised flow and/or strength data, and the new charges
shall be applicable to the next billing cycle period.
A.
The Water Pollution Control Commission will review the user charges
annually as part of its annual budget review and shall make such recommendations
to the City Council in accordance with this chapter and revise the
rates as necessary to ensure that adequate revenues are generated
to pay the costs of operation, maintenance and replacement, and that
the system continues to provide for the proportional distribution
of operation, maintenance and replacement costs among users and user
classes.
B.
The Water Pollution Control Commission will notify each user at least
annually of the rate being charged for operation, maintenance and
replacement of the treatment works.
C.
The use rate structure (Appendix III-A) and the charge determining formulas (Appendix III-B) will be revised accordingly whenever a review of the user charges necessitates a revision of the rates or determining formulas. Should said determining formulas and rate structure prove inadequate to properly fund the WPCC and distribute the costs, new formulas and rate structures shall be devised and Council approval obtained so that they may be added to the Appendix of this chapter.[1]
[1]
Editor's Note: Appendix III-A and Appendix III-B are included at the end of this chapter.
