Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part III
WASTEWATER DISCHARGES AND TREATMENT WORKS

Division V
WASTEWATER USER CHARGES AND FEES

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SEC. 7-092. WASTEWATER USER CHARGES AND FEES:

SEC. 7-092.1. CLASSIFICATION OF USERS:
All users shall be classified by assigning each one to a "User Classification" category according to the principal activity conducted on the user's premises and based on the typical wastewater constituents and characteristics for the type of user as determined by the City of Stockton. The purpose of each classification is to facilitate the regulation of wastewater discharge based on wastewater constituents and characteristics to provide an effective means of source control, and to establish a system of user charges and fees which will insure an equitable recovery of the City of Stockton's cost. Wastewater constituents and characteristics may include, but not be limited to: Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD) and flow.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.2. TYPES AND/OR CHARGES AND FEES:
A user classification charge may be adopted for each user category based upon the charges for the average wastewater constituents and characteristics of all users within the user classification. The charges for each wastewater constituent and characteristic shall be established by the City of Stockton and set forth in the Council Resolution adopted pursuant to this Division. The City of Stockton may adopt a schedule of charges and fees to include the following:
A. User classification charges;
B. Fees for monitoring;
C. Appeal fees;
D. Charges and fees based on wastewater constituents and characteristics to include applicable provisions of the Act.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.3. DETERMINATION OF USER CHARGES:
Each user shall pay the applicable user charge as set forth in the City of Stockton Schedule of User Charges and Fees. The City of Stockton may elect to set fixed unit charges as set forth in the City of Stockton's Schedule of User Charges and Fees for certain user classifications based on wastewater constituents and characteristics. For the purpose of determining user charges the minimum standard classification charge shall be based upon a typical average strength of domestic wastewater. These constituents may include but not be limited to BOD, TSS, and volume.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.4. GENERAL REQUIREMENTS FOR THE USER CHARGE SYSTEM:
The City of Stockton shall maintain a User Charge System in accordance with CFR 40 Part 35 to assure equitable costs for all users.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.5. WASTEWATER FUND:
All revenues or monies collected by the City for use of the sanitary sewer system pursuant to the Division shall be placed in an account entitled "Wastewater Fund" and shall be used only for the acquisition, construction, reconstruction, completion, maintenance and operation of the sanitary sewer system of the City of Stockton and to repay principal and interest on any bonds heretofore or hereafter issued for the acquisition, construction, reconstruction, completion or improvement of the sanitary sewer system of the City of Stockton.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.6. EFFECTIVE DATE OF CHARGES:
Effective dates of user charges shall be set by City Council Resolution.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.7. WASTEWATER VOLUME DETERMINATION:
A. Meter Water Supply. User charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the City of Stockton, significant portions of water received are not discharged to a sanitary sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters installed and maintained at the expense of the user and approved by the City of Stockton.
B. Metered Wastewater Volume and Metered Diversions. For purposes of determining other than flat rate charges as set forth by Council Resolution the volume of effluent discharged into the sanitary sewer and sewer service charge for such use shall be measured by an effluent meter installed at the user's expense and approved by the Director.
For users where, in the opinion of the City of Stockton, a significant portion of the water received from any metered source does not flow into the sanitary sewer because of the principal activity of the user or removal by other means, the user charges and fees will be applied against the volume of water discharged from such premises into the sanitary sewer. Written notification and proof of the diversion of water must be provided by the user if the user is to avoid the application of the user charges and fees against the total amount of water used from all sources. The user shall install a meter of a type and at a location approved by the City of Stockton and at the user's expense. Such meters may measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be tested for accuracy at the expense of the user when deemed necessary by the Director.
C. Estimated Wastewater Volume.
1. Users Without Source Meters. For users where, in the opinion of the City of Stockton, it is unnecessary or impractical to install meters, the quantity of wastewater may be based upon an estimate prepared by the City of Stockton and shall be considered as conclusive. This estimate shall be based upon a rational determination of the wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, production of goods and services or such other determinants of water use necessary to estimate the wastewater volume discharged.
2. Users With Source Meters. For users who, in the opinion of the City of Stockton, divert a significant portion of their flow from a sanitary sewer, the user charges may be based upon an estimate of the volume prepared by the user, provided the user obtains a Wastewater Discharge Permit and pays the applicable user charges and fees. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, production of goods and services, or such other determinants of water use necessary to estimate the wastewater volume discharge.
(Added by Ordinance 3690-C.S. — Effective Oct 13, 1983)

SEC. 7-092.8. ESTABLISHMENT OF BOD:
For the purposes of establishing the value of BOD for a commercial or industrial sewage, four (4) or more representative samples shall be taken at reasonable intervals during the billing period. Those industrial or commercial establishments whose wastes are found to fall continually within the same BOD limits will be checked only at the request of the owner of said establishment or at the discretion of the Director of the Municipal Utilities Department. The average BOD value of the waste as determined by such samples shall apply for the entire billing period during which such samples are taken.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.9. METHOD OF ASSESSING COMMERCIAL USER CHARGES:
There shall be different unit rates per one hundred (100) cubic feet of metered water delivered for user categories, as established from time to time by the City of Stockton and set forth in a Council resolution, to reasonably reflect their cost of service.
(Amended by Ordinance 104-87C.S. — Effective Feb. 4, 1988) (Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.10. MANDATORY SANITARY SEWER SERVICE REQUIRED:
Except as otherwise provided in this Chapter, it shall be mandatory for all owners, occupants or persons in possession, charge, or control of all places or premises in the City of Stockton to subscribe to and pay for sanitary sewer service rendered to such place or premises.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.11. OUTSIDE USERS — USERS NOT IN CITY BOUNDARIES:
Users not within City boundaries shall be assessed and charged, according to the current City User Charge System, in compliance with CFR 40. Fees which are not part of the User Charge System will be set from time to time by City Council resolution or regulated by other Sections of the Stockton Municipal Code.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.12. ESTABLISHING RULES AND REGULATIONS:
The City Manager is hereby authorized to establish any rules or regulations necessary for the enforcement of this Division. He may delegate and appoint members of the City Administration to act in his behalf.
(Added by Ordinance 3690-C.S. — Effective Oct. 13, 1983)

SEC. 7-092.13. BILLING AND COLLECTION PROCEDURES:
Billing and collection procedures for sewer service, including the billing cycle, whether monthly, quarterly or otherwise, shall be as determined by the Administrative Services Officer with the concurrence of the City Manager.
Residential and commercial sewer service shall be billed on a unified bill to the customer receiving the bill for water at the service location. Residential dwellings, consisting of two or more separate units, served by a single water meter shall be billed for sewer service for the total number of such separate units served by such water meter on a unified bill. Notification of billing period changes shall be provided to all sewer service customers.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Repealed and Added by Ordinance 055-86C.S. — Effective Sept. 11, 1986)

SEC. 7-092.13.1. CHARGES PAYABLE TO CITY OF STOCKTON OR DESIGNATED AUTHORIZED AGENT FOR BILLING AND COLLECTION:
All sewer service charges shall be payable to the City of Stockton or its authorized agent for billing and collection.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Added by Ordinance 055-86C.S. — Effective Sept. 11, 1986)

SEC. 7-092.14. ADJUSTMENT AND REFUND OF CERTAIN CHARGES:
The Administrative Services Officer or authorized agent for billing and collection may adjust or refund such charges as are deemed to be inequitable in the presentation of an amount billed, penalty charges under extenuating circumstances, cancellation of duplicate billing, refunds of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of five dollars ($5) or less will not be made unless a specific request is received from the party to whom the refund is to be made.
The Administrative Services Officer or authorized agent for billing and collection may cancel all closed accounts due to the City with a balance of ten dollars ($10) or less.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Amended by 055-86 C.S. – Effective September 11,1986)

SEC. 7-092.15. ADJUSTMENT OF CHARGES FOR SERVICE:
The Director of Municipal Utilities may make such adjustments as are deemed necessary based on a charge for service. All adjustments will require a specific request by the customer for whom the adjustment is made and such adjustments shall be approved by the Director of Municipal Utilities, and forwarded in writing to the Administrative Services Officer for processing. All adjustments may be credited to customer's account or refunded directly to the customer upon request by the customer. All direct refunds shall require the approval of the Administrative Services Officer.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Amended by Ordinance 055-86C.S. — Effective Sept. 11, 1986)

SEC. 7-092.16. MAINTENANCE OF RECORDS:
The Director of Finance is in charge of maintaining adequate records of bills tendered, payments The Administrative Services Officer or authorized agent for billing and collection is responsible for maintaining adequate records of bills tendered, payments received, delinquencies recorded, cash deposited and charges incurred. The records shall be maintained in accordance with the City’s Record Retention Policy.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Amended by Ordinance 055-86C.S. — Effective Sept. 11, 1986)

SEC. 7-092.17. DELINQUENCY, PENALTIES AND NONPAYMENT:
An account shall be deemed delinquent where payment in full of the unified bill is not received at the office of the City or its authorized agent for billing and collection within twenty-five (25) days of the billing date. A postmark date is not considered the date of payment.
Where all or any part of any bill remains unpaid twenty-five (25) days after the billing date, a basic penalty of ten percent (10%) of the total delinquent amount shall be added to such bill for the first month delinquent. In addition, an amount equal to one percent (1%) per month of the total delinquent amount shall be added to such bill during the time said bill remains unpaid.
Except as otherwise provided by law, if a unified bill remains unpaid more than thirty (30) days after the date of billing, water service at the service location may be terminated. Water service will not be restored until the amount of all delinquent charges and associated service charges, deposits and reconnection charges have been paid in full, or an amortization agreement has been authorized by the City or its authorized agent for billing and collection pursuant to Sections 779 or 10010 of the Public Utilities Code or other applicable statute or regulation.
(Amended by Ordnance 014-02 C.S. – Effective June 30, 2002) (Amended by Ordinance 055-86C.S. — Effective Sept. 11, 1986) (Amended by Ordinance 045-89 C.S. — Effective August 10, 1989)

SECTIONS 7-092.18 THROUGH 7-092.23 REPEALED BY ORDINANCE 014-02 C.S. – EFFECTIVE JUNE 30, 2002.

SEC. 7-092.24. PAYMENT OF FEES - RESPONSIBLE PARTY;
RESPONSIBILITIES OF PROPERTY OWNER:
A. No facility or service of the sanitary sewer system shall be furnished to any premises free of charge.
The water service customer of any premises is and shall be responsible for payments of any and all sewer service charges applicable to the premises. It shall be and is hereby made the duty of each water service customer to ascertain from the City of Stockton Administrative Services Department or its authorized agent for billing and collection the amount and due date of any charge applicable to premises and to pay such charges when due and payable.
Metered or monitored Industrial sewer service charges will be billed to the sewer service user on an individual basis separate from the water service bill. The industrial sewer service user is and shall be responsible for payments of any and all sewer service charges applicable to the premises. It shall be and is hereby made the duty of each industrial sewer service customer to ascertain from the City of Stockton Administrative Services Department the amount and due date of any charge applicable to premises and to pay such charges when due and payable.
B. It shall also be and is hereby made the duty of each owner of any premises to inform the City Administrative Services Department or its authorized agent for billing and collection immediately of all circumstances, and of any change(s) in any circumstance which will in any way affect the applicability of any charge to premises owned by said person or the amount of any such charge. In particular, but not by way of limitations, an owner of any premises shall immediately inform the City Administrative Services Department or its authorized agent for billing and collection of any sale or transfer of any such premises by or to such owner.
(Amended by Ordinance 014-02 C.S. – Effective June 30, 2002) (Amended by Ordinance 055-86-C.S. — Effective Sept. 11, 1986)

SEC. 7-092.25. SEWER CONNECTION CHARGES SYSTEM:
A system of connection charges will be applied to users connecting or increasing their usage. The connection charge system fees will be set by the City Council by resolution from time to time and periodically adjusted to meet the needs of the capital improvement funds.
A. Special Rates. Special rates for connection charges for specific areas or specific cases may be made by resolution of the City Council where special conditions warrant such action by reason of hardship or inequities, or if judged by the City Council to contribute to the general good or betterment of the community.
(Repealed and Added by Ordinance 055-86C.S. — Effective Sept. 11, 1986)