Section 121. - Waste treatment cost review.

The director shall review the cost of wastewater treatment annually and shall recommend to the commission adjustments to the sewer service charges accordingly. These sewer service charges shall be reviewed and approved by the commission.

(Res. of 6-9-03(2))

Section 122. - Sewer connection fees.

(a)

Private connections. The fees charged for individual private sewer connections, both inside and outside the city limits, shall be in accordance with the following schedules:

(1)

The standard connection shall be four-inch cast-iron soil pipe from main to curbline. The fee for such connection is specified in Section 128

(2)

Connections required other than standard shall be charged at the rate specified in Section 128

(3)

Where, in making sewer connections the sidewalk paving is cut, a fee shall be charged to cover the expense of replacing the sidewalk pavement. Said fee, given in Section 128, shall be charged for each block of sidewalk required for removal and replacement. Such fee shall be waived if the connection is a renewal of an existing vitrified-clay connection.

(4)

If the sewer connection is installed along with the water connection in the same trench and at the same time, the paving charge will not be made nor will the sidewalk cost be required.

(b)

Special privilege charges. In addition to the connection fees prescribed above there shall be a special privilege charge in each instance where neither the present nor any prior owner of the property to which the sewer connection is being made shall have paid or been regularly assessed for the construction of the sewer main, along the frontage of said property, to which the connection is being made; provided, however, that this shall not apply to mains already constructed (or in process of construction) and within the corporate limits of the city as of February 5, 1962; but it shall apply to all mains constructed after said date, whether within or outside city as of said date. The amount of such special privilege charge shall be computed in the same manner as sewer assessment charges are normally computed within the city and shall be charged and paid in a lump sum; the rate per frontage foot shall be the rate applicable to standard assessment charges hereunder for that particular calendar year, as determined by the commission as hereafter provided: Each year, as soon as practicable after January 1, the commission shall, after receiving and considering the recommendations of the director of public works, set a rate per frontage foot which fairly represents the current average cost of constructing eight-inch sewer lines. The rate so determined shall apply to all special privilege charges made hereunder during that calendar year.

It is the policy of the commission to make available to customers the option of deferring payments for sewer service charges (exclusive of sewer user charges and connection charges). In such cases, the deferred payment shall be treated the same as if it were a confirmed assessment roll (no preliminary assessment roll or public hearing required); and all provisions of Chapter 224 of the Private Laws of 1927 as amended, (or applicable general law relative to confirmed assessments, including, without limitations, interest, enforcement, term and lien on property served) shall be applicable.

(c)

Sewer extensions.

(1)

On all sewer improvement projects with respect to which adjoining property owners are to be assessed, either the established front footage rate as specified in Section 128 or the actual construction costs will be used to assess those served properties based upon whichever cost per foot is the lesser. The established flat rate in Section 128 is based on the average cost of constructing eight-inch sanitary sewer mains while the actual construction cost will be determined based on a specific project's cost of construction. This charge is subject to the right of any nonpetitioning property owner to have the assessment against his property adjusted as provided by law upon showing that his property has not been benefited to the extent of the assessment. Such assessments shall be subject to second frontage exemptions as prescribed in Chapter 224 of the Private Laws of 1927, as amended. The provisions of Section 34 of this resolution shall not apply to sewer assessment projects. Street intersections and private alleys intersecting sewer improvement projects, where the alley is owned by more than one (1) adjoining property owner, shall not be subject to sewer improvement project assessments.

(2)

It is hereby declared to be policy of the commission to grant relief to sewer system improvement assessments to the property owner of a double frontage lot in areas zoned "residential" as hereinafter set forth. For the purposes of this section, a "double frontage lot" is defined to be a lot which adjoins two streets, front and back, and is not a corner lot. In the event one (1) frontage of a double frontage lot has been improved (with respect to sewer system improvements), the lot shall be exempt from assessment for sewer system improvements on the second street frontage, provided:

a.

The lot is vacant and the total area or lot depth is less that the following:

Or:

b.

There is a principal building on the lot which is so located that the area or lot depth remaining between the rear of the principal building and the street abutting the rear of the lot, after deduction of the rear yard required by the city zoning ordinance for the principal building, is less than one-half (½) the area and lot depth indicated for the zoning districts tabulated above; or

c.

The topography of the lot is such that it would not be feasible to build more than one (1) principal building on the lot regardless of the size. In those cases where topography is the determining factor, the commission shall determine whether or not it is feasible to build more than one (1) principal building on the lot.

(3)

The policy stated in subsection (c)(2) above shall remain in effect until changed or repealed by the commission. It shall apply only to those projects which have been ordered under the provisions of the Chapter 224 of the Private Laws of 1927, as amended, by the commission without petition or for which petitions have been circulated and signed by the property owners requesting improvements under the provisions of the above law, or to those projects pending a preliminary hearing by the commission as provided for under the general law but which have not been approved by the commission.

(4)

It shall be the policy of the commission to review the standard front footage charge prescribed by this section as soon as practicable after January 1 of each year to make such change, if any, as may be necessary in order that the standard charge for future projects shall fairly represent the city's current average cost per frontage foot of constructing eight-inch sewer mains.

(5)

It is hereby declared to be the policy of the utility commission to grant relief with respect to the sewer system improvement assessments for corner lots. Side frontage exemption for corner lots, used as a single lot, would be credited to the assessment of said lot. The longer of the two (2) frontage of a corner lot would be considered the side frontage. Relief would not exceed the lesser of:

a.

The total length of the side frontage.

b.

A maximum of two hundred (200) feet for lots zoned residential.

c.

A maximum of one hundred (100) feet for lots zoned business.

Consideration will be given when assessing the side frontage first, to allow the lot to receive the maximum side frontage exemption when all frontages of the lot have been fully assessed.

(6)

It is hereby declared to be the policy of the utility commission that assessable projects shall be available in public streets only. It shall be the policy of the utility commission that the assessment plan shall not be available in private streets. The extension of service in private streets shall be pursuant to Section 35 of this resolution.

(7)

It shall be the policy of the commission to terminate water service for delinquent [payments of a] water or sewer assessment, after proper notification to the property owner.

(Res. of 6-9-03(2); Res. of 4-13-09)

Section 123. - Sewer service charges.

(a)

There shall be billed and collected either monthly or bimonthly a sewer service charge for the purpose of paying all operation and maintenance costs and to pay the principal of and the interest on bonds issued for the sewer system. A sewer service charge shall be assessed to all property in which there is a sewer connection with the sanitary sewer system and a water connection with the public water system. These rates are given in Section 128

(b)

An industrial user's sewer service charge will be calculated based on the total quantity of water metered into the facility. If a user demonstrates to the satisfaction of the director that all purchased water is not returned to the sewer system, the user's sewer service charge will be calculated only on the total quantity of water returned to the sewer system. The director may approve a sewer credit if a user produces evidence that more than ten (10) percent of the total annual volume of water consumed is not returned to the sewer. In this case, the sewer service charge shall be determined on measurements from a flow meter installed and maintained by the user and acceptable to the city as to accuracy, maintenance, and point of installation as verified by the submittal of a monthly flow monitoring report. The sewer service charges shall be added to each water bill either monthly or bimonthly and shall be payable at the same time that the water bill is payable. Applicable rates are presented in Section 128

(c)

Any user which is the sole contributor of flow to a wastewater treatment plant constructed for the purpose of serving only that user shall pay to the commission the entire cost of operating and maintaining said facility. Such charges shall be paid as specified by a written agreement.

(d)

The penalties for failure to pay such charges shall be the same as in case of failure to pay the water bill, except that in computing any monetary penalties the penalty shall be based and assessed on the combined water and sewer charge.

(e)

Where sewer service is provided by the city, the property to which water service is not provided by the city, whether within or outside the corporate limits of the city, there shall be billed and collected bimonthly a sewer service charge. A current listing of these charges is provided in Section 128

(f)

If a hotel, motel, office building, supermarket, school or other establishment contains a beauty shop, restaurant, drug store, or other activity for which a rate is specified in Section 128, a sewer service charge shall be made for such activity at the rate shown, in addition to the charge made for the building in which the activity is housed.

(g)

A charge will be levied for each delivery of a septic tank waste or chemical toilet waste, such rate being set according to a predetermined and periodically updated base rate. Applicable rates are presented in Section 128. Monthly invoices will be sent to contractors stating the number of loads of waste and waste received into the sewer system from them and the amount due the city. Payment shall be made within fifteen (15) days from the date of the invoice. If payment is not made within thirty (30) days from the date of the invoice, the delinquent contractor shall be denied the privilege of emptying septic tank waste or chemical toilet wastes into the city's sanitary sewer system until such payment has been made. In addition, if a contractor has been denied the privilege of emptying such waste into the city's sanitary sewer system because of delinquency in payment of an account, he may be required by the director to post a compliance bond in an amount approximating an average monthly charge to such contractor. The posting of this compliance bond may be required by the director prior to reinstatement of the contractor's privilege of emptying such waste into the city's sanitary sewer system.

(h)

There shall be billed and collected either monthly or bimonthly a sewer base charge for the purpose of paying costs associated with billing for services provided, and providing an availability to serve to any sewer connection within the system. A current listing of these charges is provided in Section 128

(Res. of 6-9-03(2); Res. of 5-11-09)

Section 124. - Surcharges.

A.

A sewer service surcharge shall be billed and collected from industrial/commercial users of the sewer system who discharge waste based on BOD and TSS contribution. The surcharge is calculated on the basis of wastewater BOD and TSS concentrations in excess of two hundred mg/l (200 mg/l) for each of the parameters. The surcharge rates for the BOD and SS are presented in Section 128

The city will determine by monitoring, as provided for in Section 95, the amount of BOD and TSS being received into its sewer system from industrial/commercial users. Such surcharge shall be imposed in addition to any existing sewer service charge and any sewer charge imposed in the future. The determination of the character and concentration of the constituents of the wastewater discharge by the director or his duly appointed representatives shall be binding as a basis for charges.

B.

The surcharges for sewer services to properties located outside the corporate limits of the city shall be one and one-half (1½) times the amount chargeable under the foregoing schedules for such services inside the city.

C.

The commission reserves the right to establish surcharges for other pollutants or other industrial categories.

D.

A sewer service surcharge shall be billed and collected from all food service establishments required by Section 51(B)(4) to maintain a grease interceptor in accordance with the grease control policy, set forth by the commission, in Article XIII. The sewer surcharge rates food service establishments are presented in Section 128

(Res. of 6-9-03(2); Res. of 5-11-09)

Section 125. - Charges for monitoring.

A.

Industrial/commercial users whose discharge is being periodically monitored by the city shall pay for specific sampling and analytical work performed by the city. If, during the course of normal monitoring by the city, a violation of this resolution is determined, additional monitoring may be imposed on the industrial/commercial user at a frequency defined by the director. The charge for the monitoring will be for only those wastewater parameters or conditions that are in violation of this resolution and monitoring may continue until the violation ceases. The industrial/commercial user will pay for the additional monitoring charges according to Section 128

Any additional monitoring for surcharge purposes requested by an industrial/commercial user shall be paid for by the industrial user on a per-analysis basis. Rates for monitoring are presented in Section 128.

B.

The schedule of charges and fees adopted by the city may include charges and fees for:

1.

Reimbursement of costs of setting up and operating the pretreatment program;

2.

Monitoring, inspections and surveillance procedures;

3.

Reviewing slug control plans, including accidental and/or slug load discharge procedures and construction plans and specifications;

4.

Other fees as the city may deem necessary to carry out the requirements of the pretreatment program.

C.

Permit fees. All users determined to need a permit shall pay a permit development fee, in accordance with the schedule or rates and fees established by the utilities commission, and on file at the city's utilities division administrative office.

(Res. of 6-9-03(2))

Section 126. - Penalty.

Any person found to be in violation of this resolution may be required to pay a penalty as outlined in Section 103.

(Res. of 6-9-03(2))

Section 127. - Payment deadline; penalties for failure to pay.

(a)

All charges, fees, and assessments shall be made monthly or bimonthly and shall be due on the day following the date the bill is mailed.

(b)

The city shall adhere to the following billing schedule for connections subject to schedule A rates as found in Article II, Section 30 of the Water System Policy for the City of Winston-Salem.

(1)

If any charges remain on the thirtieth day after the due date of such charges, a ten (10) percent penalty will automatically be applied to the unpaid balance. Maximum gross penalties on unpaid balances will not exceed five hundred dollars ($500.00).

(2)

If a bill is unpaid thirty-five (35) days after the bill was mailed, a second notice of payment shall be mailed to the customer. If the thirty-fifth day falls on a weekend or a holiday, the notice shall be sent on the next business day. This notice shall constitute the city's intent to apply an additional late payment penalty in ten (10) days in the amount of one dollar and fifty cents ($1.50), and shall contain the information required in Article I, Section 16 of the Water System Policy.

(3)

If a bill is unpaid forty-five (45) days after the bill was mailed, a notice of termination shall be mailed to the customer. If the forty-fifth day falls on a weekend or a holiday, the notice shall be mailed on the next business day. This notice informs the customer that service has been ordered terminated, the date of termination, and shall contain information as required in Section 127(d). An additional late payment of twenty dollars ($20.00) is added to the unpaid balance ten (10) days after the termination is mailed, if payment has not been received by that data.

(4)

If a bill is unpaid fifty (50) days after the bill was mailed, service shall be cut off by locking or removing the meter. If the fiftieth day occurs on a weekend or a holiday, said action will be taken on the next business day. The outstanding balance, plus all penalties, shall be paid before sewer service is restored.

(c)

The bill in each case, plus the penalties, shall be paid before water service shall again be instituted. In the case of nonresidential customers, water service shall not be provided until a cash deposit has been made to the city revenue department. The deposit shall be in an amount equal to one and one-half (1½) times the average monthly or bimonthly bill or twenty-five dollars ($25.00) minimum for each service. This average is to be determined on the basis of charges made to the customer for the preceding six-month period or the period that the customer has been receiving water at the premises where the water for which a nonpayment occurred was furnished, whichever is the shorter period. Any deposits made pursuant to this section may be applied by the city to any future water charges that become delinquent. The deposit shall be refunded in its entirety, less an accrued interest, to the customer should the customer maintain an acceptable payment record for a period of twenty-four (24) consecutive months after the collection date of the deposit ("acceptable" being defined as no penalties having been accrued during the twenty-four-month period). The refund shall be applied in the form of a credit against the customer's water/sewer account. Otherwise, the deposit shall remain on the account indefinitely, or until the customer requests final termination of service and a final bill is rendered. At this time, the said deposit shall be applied to any final billed amount and any overage shall be refunded to the customer provided the customer owes no delinquent water/sewer bills for any other accounts in the city/county water/sewer system.

(d)

All water bills shall be payable at the city revenue office.

(Res. of 6-9-03(2); Res. of 11-8-04; Res. of 9-14-09; Res. of 10-11-10)

Section 128. - Rates.

All charges and fees referred to herein are set forth in the Schedule of Rates and Fees established by the utility commission. Said Schedule of Rates and Fees and any subsequent amendments thereto, are incorporated herein by reference and are on file and available at the city's utilities division administration office.

(Res. of 6-9-03(2))

Section 129. - Capacity fee for sewer outside the service area.

For all sewer service outside Forsyth County after the effective date of this policy, and which conditions of service were not otherwise modified by a resolution of the commission, the commission will charge a capacity fee at the time the sewer connection is purchased if the installation is by the city. For a residential subdivision, the commission will charge a capacity fee on all meters at the time of water/sewer plan approval. For a business/commercial site, the commission will charge a capacity fee prior to discharge into the sewer system. For a master metered sewer collection system, the commission will charge a capacity fee of $0.50 per ccf (hundred cubic feet) will be charged in addition to the then current sewer rate in effect. The capacity fee charged by the commission is based on a connection size schedule regardless of the water service provider. The fee schedule is given in Section 128.

(Res. of 6-11-07)

Sections 130—150. - Reserved.