Sec. 34-226. - Establishment of rates and schedules, rates schedules, and affordability discount analysis.

The schedule of sewer service rates and charges contained in schedule A for residential sewer service customers, the schedule of sewer service rates and charges contained in schedule B for general sewer service customers, and the sewer service rates and charges contained in schedule C for wholesale sewer service customers, as amended attached hereto, shall be effective for all billings on or about January 1, 2006, and shall be the lawful rates for sewer service to be charged by the system.

Rate schedules A, B and C relating to sewer service for residential, general and wholesale customers are hereby amended and shall hereinafter read as attached hereto and incorporated herein.

(Ord. No. 80330, § 1, 6-16-94; Ord. No. 99995, § 2(Att. I), 11-18-04; Ord. No. 101682, § 1(Att. I), 11-17-05)

Editor's note—

Rate Schedules referenced above are set out at length at the end of this chapter.

Sec. 34-226.1. - Methods for establishing monthly residential charges.

(a)

Definitions.

(1)

Entity. A city, town, political or commercial subdivision, district, association, military installation or facility that establishes, operates and maintains a sewer collection system within its jurisdictional boundaries, and contracts with the San Antonio Water System to connect that sewer collection system to the regional sewage transportation and treatment works in order that the San Antonio Water System can provide for the transportation and treatment of sewage discharged by the entity.

(2)

Winter averaging sewer charge period. The period of water and sewer service during the three (3) complete consecutive billing periods commencing on or after November 15 of each year and terminating on or after the completion of three full billing cycles in March of each year. During the three (3) complete consecutive billing periods the system shall establish monthly sewer service charges for customers based upon their average monthly water consumption during the three (3) complete consecutive billing periods. The customer must receive sewer service at one location during the entire three (3) consecutive billing periods in order to establish a "winter average."

(3)

Interim averaging sewer charge period. The period of water and sewer service during three (3) complete monthly billing periods during which the system establishes monthly sewer service charges for customers based upon their average monthly water consumption during that period. This interim averaging sewer charge period is to be used only in determining monthly sewer service charges when the customer has not yet established a winter average by the method outlined in (2) above.

(4)

Winter average charge. The monthly sewer service charge established by the system during the winter averaging sewer charge period. This charge is the basis for monthly billings until completion of the next entire winter averaging sewer charge period.

(5)

Interim average charge. The monthly sewer service charge established by the system during the interim averaging sewer charge period. This charge is the basis for monthly billings until completion of the next entire winter averaging sewer charge period and becomes the basis for subsequent monthly billings.

(b)

Final billings. For all final billings, either the winter average charge, or the interim average charge, or the unaveraged residential charge or the unmetered residential charge, whichever is in effect at the termination of service for residential customers, will be prorated by dividing the applicable sewer service charge by thirty (30), and multiplying by the number of days that sewer service was actually received during the final month. However, final billings shall not be greater than the applicable sewer service charge and shall not be less than the minimum sewer service charge stated in Rate Schedules A and B, attached hereto and incorporated herein.

(c)

New customers who have not established monthly sewer service charge by previous residency within the service area during the preceding six months. New customers who move into the service area after the first day of a billing period and before the last day of that billing period will be billed on a proration basis by dividing the applicable I.C.L. or O.C.L. unaveraged residential charge, stated in Rate Schedules A and B, attached hereto and incorporated herein by thirty (30), and multiplying by the number of days that sewer service was actually received. However, the initial bill for service received during the first partial billing period shall not be less than the minimum I.C.L. or O.C.L. sewer service charge stated in Rate Schedules A and B, attached hereto and incorporated herein.

New customers will pay the I.C.L. or O.C.L. unaveraged residential charge, stated in Rate Schedules A and B, attached hereto and incorporated herein, during the first three (3) complete billing periods while an interim average charge based upon water consumption is established. The interim average charges shall not be greater than the I.C.L. or O.C.L. unaveraged residential charge, stated in Rate Schedules A and B, attached hereto and incorporated herein, nor be less than the minimum monthly I.C.L. or O.C.L. sewer service charge stated in Rate Schedules A and B, attached hereto and incorporated herein.

Once the interim average charge is established, it shall be the monthly sewer service charge through the end of the next complete winter averaging sewer charge period. Once the winter average charge is established, the interim average charge shall no longer be the basis for the monthly service charge.

(d)

Initial billings for customers relocating within the service area. Customers who relocate within the service area will receive an initial bill at their new residence based upon either the winter average charge, or the interim average charge, or the unaveraged residential charge or the unmetered residential charge, depending upon which charge has been the basis for monthly billings at the previous residence. The applicable charge will be prorated by dividing it by thirty (30), and multiplying by the number of days that sewer service is actually received during the first month at the new residence. However, initial billings shall not be greater than the applicable monthly sewer service charge and shall not be less than the minimum I.C.L. or O.C.L. sewer service charge stated in Rate Schedules A and B, attached hereto and incorporated herein. After this initial billing, the customers described above will continue to be billed monthly sewer service charges based upon the full monthly charge established at their previous residence. This applicable charge shall serve as the basis for monthly billings until the end of the next complete winter averaging sewer charge period.

(e)

Alternative methods. The above definitions and methods (1-5) for established monthly residential sewer service charges shall apply to, and be implemented by, all water purveyors within the service area except those water purveyors that have submitted alternative definitions and methods which have been approved by the system.

(Ord. No. 80330, § 1, 6-16-94)

Editor's note—

Rate Schedules A and B referenced above are set out at length at the end of this chapter.

Sec. 34-226.2. - Flat rate sewer program.

(a)

The purpose of this program is to allow an alternate method of establishing a sewer charge for general accounts.

(b)

Any general user who uses water in their daily activities which is not discharged into the sewer system, may submit a written request to customer service for a reduction in the volume of waste estimated to be discharged from the premise.

(c)

In the event a customer requests to participate in the program, the system shall follow the flat rate sewer program procedure set out in Schedule 2 which is attached hereto for customer notification and convenience. In the event the system duly amends such procedure from time to time, an updated version of such procedure shall be supplied to the City of San Antonio City Clerk. Copies of the system's most current flat rate sewer program procedure shall also be available to all system customers upon request at the system's customer service locations.

(Ord. No. 80330, § 1, 6-16-94)

Editor's note—

Schedule 2 referenced above is set out at length at the end of this chapter.

Sec. 34-226.3. - Industrial waste surcharges.

(a)

Persons or owners discharging industrial wastes which exhibit none of the characteristics of wastes prohibited by Ordinance Number 77784, or as may be amended, other than excessive BOD or TSS, but having a concentration in excess of normal domestic sewage, that is, concentrations of BOD in excess of 250 mg/l and TSS in excess of 250 mg/l, shall pretreat the industrial waste to meet the concentrations of normal domestic sewage; however, such excessive BOD and TSS waste may be accepted for treatment if all the following requirements are met:

(1)

Neither BOD nor TSS waste concentrations shall exceed 10,000 mg/l concentration.

(2)

The wastes will not cause damage to the collection system.

(3)

The wastes will not impair the system's treatment process.

(4)

The wastes will not cause contamination of POTW sludges thus limiting sludge disposal options or practices.

(5)

The person(s) or owners responsible for the wastes pays an industrial surcharge, in addition to the regular water and sewer charges, in accordance with the following cost factors and formula:

Cost factor BOD = $1.62

Cost factor TSS = $1.50

IWS = Industrial waste surcharge computed in dollars as follows: IWS = V [$1.62 × (BOD mg/l - 250 mg/l) + $1.50 × (TSS mg/l) - 250 mg/l].

(b)

Surcharge review.

(1)

Quality control shall review the basis for determining surcharges at least once every two (2) years, or more frequently as needed.

(2)

The discharger may employ an independent registered professional engineer, at the discharger's cost, to perform additional sampling and analysis provided this activity is coordinated with quality control. Upon consideration of all available information, the system shall determine the final values and/or charges to be assessed.

(c)

Sample point.

(1)

Each sampling point shall be installed and maintained by the discharger so that any authorized representative of the system may readily and safely obtain samples of the flow at all times.

(2)

Each sampling point shall be near the outlet of each sewer, drain, pipe, or channel which connects with the sewer or wastewater facility.

(3)

Each sampling point shall be designed and constructed to prevent infiltration by ground and surface water and maintained so that any authorized representative of the system may readily and safely obtain samples of the flow at all times.

(4)

Before beginning construction of a sampling point, a person shall submit plans to quality control for review and approval to insure compliance with these provisions. Plans must include the sewage metering device if one is to be installed.

(d)

Measurement of waste volumes.

(1)

The volume of wastes may be determined by the same methods used to calculate the general sewer service rate.

(2)

On premises where all or part of the water is obtained from a source other than the public water supply and no sewage metering device is installed, the owner shall provide and maintain a metering device of a type approved by the San Antonio Water System to measure sources of private water.

(e)

Sampling of wastes.

(1)

Quality control shall take samples of waste discharges from establishments as often as determined necessary to adequately monitor and control the discharges. If an owner desires additional samples, the owner shall pay the cost of the additional service.

(2)

Samples collected by quality control may be either flow-proportional or time proportional composite samples as appropriate to achieve the most representative samples, or via the best available sampling method given the constraints and limitations present at the discharge point source.

(f)

Sampling and analysis fees. A person discharging concentrations of BOD and/or TSS in excess of normal domestic sewage concentrations shall compensate the system for the cost of sample collection and analysis when an industrial surcharge is established.

(g)

Industrial surcharges for class groups.

(1)

Quality control shall assess an industrial surcharge rate for each class group based on waste strength determinations established by averaging grab or composite samples or both, taken from a representative number of establishments in each group, and shall apply this rate to the water consumption or metered wastewater of the establishment. If the establishment is within a larger facility for which water usage is determined from a master meter, customer service shall determine an estimated volume for the establishment on which the surcharge rate is applied. Customer service shall then add the appropriate industrial surcharge to billings for regular water and sewer service for each establishment classified into a class group.

(2)

If an establishment contains operations from more than one of the class groups, and customer service determines that the surcharge rate for a particular class group would not adequately compensate the system for its cost of treatment, customer service shall add an appropriate industrial waste surcharge to adequately compensate the system for its cost of treatment.

(3)

Quality control may, from time to time, revise surcharge class groups based on analysis of current samples.

(Ord. No. 80330, § 1, 6-16-94; Ord. No. 97395, 3-27-03)

Sec. 34-227. - Determination in extenuating circumstances.

The president/chief executive officer of the system is hereby authorized to designate a committee comprised of representatives from quality control and customer service empowered to establish special monthly commercial rates in cases where extenuating circumstances exist, such as the use of water in a manufactured product, the use of water from a consumer's own supply where there is no meter, excessive irrigation, etc. The committee shall, upon review of the facts, make a determination as to sewer service charges in such instances.

Secs. 34-228—34-230. - Reserved.

Sec. 34-231. - Monthly charges to new, vacant, residential or commercial structures.

In the event that a newly constructed, vacant, residential structure is connected to a public sewer collection system, the unaveraged residential charge (I.C.L., O.C.L. or entity) shall be the basis for monthly sewer service billings to the owner of the newly constructed, vacant, residential structure after the expiration of six (6) months from the date that water service commences to said structure.

In the event that a newly constructed, vacant, commercial structure is connected to a public sewer collection system, the general service minimum charge on their contributed flow (I.C.L., O.C.L. or entity) shall be the basis for monthly sewer service billings to the owner of the newly constructed, vacant, commercial structure after the expiration of twelve (12) months from date that water service commences to said structure.

(Ord. No. 80330, § 1, 6-16-94)

Sec. 34-232. - Reserved.

Sec. 34-233. - Collection of charges.

The president/chief executive officer of the system or his designated representative shall negotiate with other water purveyors in order to make necessary arrangements for the collection of the sewer charges prescribed in this division by such water purveyors.

(Ord. No. 80330, § 1, 6-16-94)

Sec. 34-234. - Reserved.

Sec. 34-235. - Schedule of rates for stormwater drainage, services and programs; billing and collection.

(a)

Definitions.

Benefitted property: Real property that is a parcel of property or lot within the corporate boundaries of the City of San Antonio to which stormwater drainage plans, programs, or services are made available and which receives water, wastewater, or electric utility service from the City of San Antonio. A parcel of property is a piece of land regardless of size under one (1) ownership, such ownership being further defined as the way in which property is legally described in duly recorded legal documents in the official public records of real property of the county in which the parcel of property is located. A lot is a designated property shown on a recorded plat duly recorded in the official public records of real property of the county in which the recorded plat is located.

Billing unit: A billing unit is benefitted property and is the smallest unit of real estate with a unique legal description according to the records of the Bexar Appraisal District.

Commercial/general stormwater customer: The owner or occupant of benefitted property not meeting the definitions of a residential, multifamily, or public stormwater customer as defined herein.

Multifamily stormwater customer: The owner or occupant of benefitted property containing a multiple family dwelling unit comprised of more than two (2) family units.

Public stormwater customer: The owner or occupant of benefitted property containing an improvement related to the provision of governmental services, public or private education, or religious activities and as so classified in records of the Bexar Appraisal District.

Residential stormwater customer: The owner or occupant of benefitted property containing a single or multiple family dwelling unit composed of two (2) or less family units.

(b)

Schedules of rates. The following schedules of stormwater rates shall be effective with billings on or about October 1, 2007 and shall be applied to all billing units, except as provided by section 34-235(d), herein below. These rates may be included on other utility bills or may appear on a separate bill including only stormwater or drainage charges. Each billing unit ("unit") shall be assessed each month or fraction thereof in accordance with the following schedule:

Such rates are based on the following information: for private benefitted property, the imprint of improvements as depicted in the records of the Bexar Appraisal District; for public benefitted property, the imprint of improvements as depicted on forms supplied by a public entity to the San Antonio water system; in the event the San Antonio water system should request such forms from a public entity, and no forms are forthcoming, the tier four (4) charge shall be assessed.

(c)

Billing, collection, and management procedures.

(1)

Initially the San Antonio water system shall be the primary agency responsible for billing, collection, and management of other stormwater service matters relating to stormwater rates. Billing and collection procedures for stormwater rates shall be the same, insofar as practicable, as those utilized by the San Antonio water system in billing and collecting for water and wastewater service, all as set forth in City Ordinance No. 72742, approved and adopted December 6, 1990, or such successor ordinance, or those billing and collection procedures utilized by other water purveyors with whom the San Antonio water system contracts with to assist in billing and collecting stormwater rates, all with the exception that no advance deposit to secure payment of the customer's final bill for stormwater charges shall be collected.

(2)

Billing and collection procedures shall include a process by which customers may appeal the validity of amounts billed in accordance with the written criteria established by San Antonio water system Customer Service Policies.

(d)

Exemptions. The following real property, only, shall be exempt from the provisions of this section:

(1)

Benefitted property owned by the City of San Antonio and dedicated to right-of-way for public streets and/or to provide drainage service;

(2)

Benefitted property with proper construction and maintenance of a privately owned drainage or stormwater system wholly sufficient to provide all the drainage or stormwater service for that property;

(3)

Benefitted property held and maintained in its natural state on which no improvements currently exist and until such time that the property is developed and all of the public infrastructure has been accepted by the City of San Antonio for maintenance; and

(4)

Benefitted property before a structure has been built on the property or before the City of San Antonio has finally approved the use of the property in accordance with the Unified Development Code.

(e)

Relationship to San Antonio water system.

(1)

Initially the responsibility for the stormwater program for purposes of compliance with the EPA's rules and regulations shall be facilitated and coordinated by the board; however, such program shall not be deemed to be a part of the "system" as that term is defined in City Ordinance No. 75686, approved and adopted April 30, 1992. All revenues and expenses and other accounts related to the stormwater program shall be accounted for on a full cost of service basis separate and apart from all other funds for which the board has responsibility.

(2)

No later than one (1) year prior to the expiration of the initial permit issued by the EPA, city council shall reevaluate this section and determine whether such utility shall become a part of the "system" as that term is defined in City Ordinance No. 75686.

(f)

Repayment of stormwater expenses. Funds advanced by the wastewater system for stormwater or drainage plans, programs, and services in an approximate amount of five million dollars ($5,000,000.00) to support the stormwater program shall be repaid from revenues generated by stormwater rates over a period not to exceed five (5) years from the effective date of this section. Once the specific amount of dollars expended by the wastewater system for stormwater or drainage plans, programs, and services has been finally determined, such specific amount is hereby authorized to be substituted for the approximate amount of five millon dollars ($5,000,000.00) set out herein.

(Ord. No. 77949, §§ 1—6, 5-13-93; Ord. No. 90499, § 1, 9-16-99; Ord. No. 96515, § 1, 10-3-02; Ord. No. 98635, § 1, 12-18-03; Ord. No. 100066, § 1, 12-9-04; Ord. No. 2007-09-20-0988, § 1, 9-20-07)

Editor's note—

Ord. No. 77949, §§ 1—6, adopted May 13, 1993 has been included herein at the discretion of the editor as § 34-235

Sec. 34-236. - Lift station maintenance fee.

A customer-developer wishing to install a lift station as an element of an off-site wastewater collection system to serve a specific area must meet all SAWS regulatory requirements as they relate to lift stations and, in addition, pay to SAWS a one-time lift station maintenance fee of eighty-seven thousand four hundred ten dollars ($87,410.00) that will be used to offset annual lift station maintenance expenses over a ten-year period.

(Ord. No. 2007-12-13-1345, § 2(Att. B), 12-13-07)

Secs. 34-237—34-270. - Reserved.