Unified Sewerage Agency - Erosion Contol Inspection CITY OF TIGARD, OREGON 9
RE'S'OLUTION NO . 94--3-4-
A ::RE'SOLUT.ION AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH THE
UNIFIED SEWERAGE AGENCY TO: PROVIDE FOR EROSION CONTROL INSPECTION
WHEREAS, the City has entered into an intergovernmental agreement with
the Unified Sewerage Agency as authorized by Resolution No . 90-43 and
amended by Resolution No . 93-14-a; and,
WHEREAS, the City and the Unified Sewerage Agency desire to amend the
agreement to provide for erosion control inspection.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that :
Section 1 : The City Council hereby authorizes the City Administrator
to sign, on behalf of the City, an amendment to the
existing agreement with the Unified Sewerage Agency as
shown-)in attached Exhibit "A" .
PASSED : This ,, day of , 1994 .
May/ r - City`of Tigard
ATTEST :
ze��O-- P1t,vri.t Gtr
City Recorder - City of Ti and
-�_
Certified to be rue Copy of
\_- Original on file 5
By:
City Recon errr of Tigard
rw/eros-res Date:
RESOLUTION NO. 94- --
Page 1
AMENDMENT #1 TO
INTERGOVERNMENTAL AGREEMENT
This Amendment (Amendment) is between Unified Sewerage Agency (Agency)
and City of Tigard (City) , and it amends the Agency/City Agreement
(Primary Agreement) dated June 25, 1990 . This Amendment modifies
Section 3 .A of the Primary Agreement . Except as otherwise provided in
this Agreement, all other sections of the Primary Agreement remain in
force.
The Agreement will take effect July 1, 1994 and will automatically
renew annually for a period of ten years, except it may be canceled
upon written notice by either party prior to February 1 of any year
with the cancellation being effective the following July 1 . If this
Amendment #1 is canceled, the Primary Agreement shall continue.
Agency agrees to:
1 . Assume primary responsibility for managing the erosion
control program as defined in Agency Resolution and Order
91-47 Construction Standards, as may be amended, and NPDES
stormwater permits relating to construction activities .
This shall include the timely inspection of properties to
determine compliance with erosion control rules and
regulations, enforcement to correct violations, and review
of erosion control plan revisions .
2 . After issuance of an erosion control permit by the City, if
revisions are necessary that require additional fees to be
paid, the Agency may collect additional erosion control fees
directly from the permit holder, and shall retain 100
percent of these fees collected.
3 . When dealing directly with a person in regard to erosion
control within the City, in order to increase efficiency,
the Agency may collect erosion control fees, perform the
review of erosion control plans submitted as a part of a
development or building proposal, and issue erosion control
permits . The Agency shall retain 100 percent of these fees
collected.
4 . Agency will provide a written summary of work accomplished
annually within the City through this Agreement . The report
will be delivered to the City no later than January 15 each
year showing the performance for the preceding calendar
year .
City agrees to:
1 . Collect erosion control fees in accordance with the Agency ' s
schedule of Rates and Charges, perform the review of erosion
control plans submitted as a part of a development or
. v
building proposal, issue erosion control permits, and
promptly forward approved plans and permits to the Agency.
2 . Withhold approval of all "foundation" building inspections
until receiving 'Agency approval in writing of erosion
control techniques being in place.
3 . Cooperate with the Agency in its enforcement efforts . This
Agreement does not limit the ability of the City to pursue
enforcement actions independent of the Agency. In addition,
the City may continue enforcement actions already under way
as of the date of this agreement .
4 . Promptly inform the Agency of any erosion control violations
the City becomes aware of .
5. Provide a list of active Erosion Control permits that have
been issued as of the date of this Agreement .
6 . City will pay to the Agency 100 percent of Erosion Control
Inspection Fees, and 50 percent of Erosion Control Plan
Check Fees, collected after adoption of this Agreement .
Payments shall be due as specified in Section 4 of the
Primary Agreement . Provisions for late payment and dispute
resolution are as specified in the Primary Agreement .
Payment under this Amendment is in addition to the division
of revenue set forth in the Agency Schedule of Rates and
Charges each fiscal year adopted by its Board.
DATED this C - day of J�e,y6:71 , 1994 .
UNIFIED SEWERAGE AGENCY OF CITY OF TIGARD
WASHINGTON COUNTY
By: y:
,G'eneral M.Anager G City Manager
APPROVED AS TO FORM: Attest :
By:
USA Coun el City Recorder
APPROVED AS TO FORM:
By: 1 /r
City /Attorney/
6/94 :eb
City of Tigard Agreement -- Amendment #1
Page 2
CITY OF TIGARD, OREGON 4
RESOLUTION NO. 90--q-?)
A RESOLUTION APPROVING A SURFACE WATER MANAGEMENT AGREEMENT AND A
CITY COMMITTEE AGREEMENT WITH UNIFIED SEWERAGE AGENCY (USA) ; AND
AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN BOTH AGREEMENTS
WHEREAS, the Unified Sewerage Agency (USA) has developed a county-
wide surface water management plan to facilitate clean up of the
Tualatin River; and
WHEREAS, the City of Tigard and USA previously entered into an
agreement for the cooperative operation of sanitary sewer service
facilities and that agreement does not address surface water
management;
WHEREAS, the attached agreement addresses both sanitary sewer and
surface water management and combines provisions from the previous
agreement and its amendments; and
WHEREAS, a second attached agreement provides for a review
committee made up of representatives from each city participating
in the county-wide plan; and
WHEREAS, the City Council finds it to be in the best interest of
the City to participate in the surface water management plan; and
WHEREAS, the City of Tigard and USA have authority to enter into
agreements for the cooperative operation of service facilities
under ORS 451. 560 and ORS Chapter 190;
NOW, THEREFORE, BE 7T RESOLVED by the Tigard City Council that:
Section 1. The agreements with Unified Sewerage Agency (USA)
providing for sanitary sewer and surface water management are
approved.
Section 2 . The Mayor and City Recorder are hereby authorized
to sign the two agreements with USA attached to this resolution as
Exhibits "A" and "B" .
`PrD This o une, 1990.
ayor - City of Tigard
r 7TT�FS-"' a APPROVED A O FORM:
City Recorder - City of Tig rd City Attorney - City of Tigard
-e a lCclD Certified to be a True Copy of
e
Original on file
i
1
rtmd\tigard\usaagree.res By:
City Fj order- City of Ti and
Date: l ��
AGREEMENT
THIS AGREEMENT is made and entered into as of the `j � day of
1990, between the Cities of Beaverton, Cornelius,
FdYest Grove, Hillsboro, North Plains, Sherwood, Tigard, and
Tualatin, all municipal corporations of the State of Oregon,
hereinafter referred to as "Cities, " and the Unified Sewerage Agency
of Washington County, a municipal corporation and county service
district, hereinafter referred to as the "Agency. "
WHEREAS, the Agency provides sanitary sewerage and storm and
surface water management, and Cities are within the Agency; and
WHEREAS, City and Agency have the authority to enter into
contracts under ORS 451. 560 and ORS Chapter 190 ; and
WHEREAS, Agency has entered into agreements with each of the
Cities within its boundary which specify the duties and
responsibilities of each party; and
WHEREAS, Agency and Cities desire to establish a process to
review matters of common concern to the parties, including but not
limited to the performance of each City and the Agency relative to
the requirements of the agreements, matters addressed in Section
5-A-5 of the agreements , by means of a review Committee made up of
representatives of each City.
NOW, THEREFORE, in consideration of the covenants and
agreements to be kept and performed by the parties hereto, it is
agreed as follows:
Section 1. City committee
A. The parties hereby establish a Committee made up of
one representative from each City within the Agency
that is a party to this Agreement. The Committee
shall meet quarterly, or more frequently if needed.
It shall have authority to review and advise the
Agency on the standards, regulations and
specifications, work programs, capital improvement
programs, rates and charges, long range planning, and
other matters covered by the Agreements for Sanitary
Sewer and Storm and Surface Water Management
(Operating Agreements) with the member Cities .
B. The Committee shall also have the authority to review
the performance of the Cities as to the work programs
and standards of the Operating Agreements. Each City
hereby agrees to be bound by the decisions of the
Committee, subject to the procedures of Section 2 .
C. The agency shall staff the Committee and provide
written notice to each City no less than 14 days prior
to each meeting. A quorum shall be necessary to
transact business, and vote of a majority of the
members present is required to act on any matter . All
meetings of the Committee shall be open to the public.
Section 2 . Procedures
A. Each City shall prepare and submit to the Agency
September 1 and March 1 of each year a performance
report of the storm and surface water functions, and
the sanitary sewer functions for which the City is
responsible under the Operating Agreement. The
performance report, for each function, shall address
the performance in those areas identified by the
Agency as related to NPDES and other permit
compliance.
B. The performance reports from each City will be
reviewed by the Committee. If the Committee
determines that a City is not meeting the standards,
regulations, or work programs adopted by the Agency,
then the affected City shall be notified in writing of
the deficiencies. The City shall have 60 days to
develop and submit to the Agency a plan and schedule
to bring the City into compliance with applicable
standards . At the next semi-annual review, the
Committee will determine whether or not the City is in
compliance.
C. If, within 180 days of the Notice of Deficiency, the
Committee determines the City has not remedied the
identified deficiencies, written notice thereof shall
be sent to the Mayor and City Manager . The City shall
have 60 days to develop and submit to the Agency a
revised plan and schedule to bring the City into
compliance. At the next semi-annual review, the
Committee will determine whether or not the City is in
compliance.
D. If, within 180 days of the second Notice of
Deficiency, the Committee determines the City has not
remedied the identified deficiencies, the Agency shall
assume the responsibility for any portion of the
program the Agency determines is necessary to bring
the City into compliance. The Agency shall make
appropriate adjustments to the division of revenue to
reflect the change in responsibility. A decision to
transfer program responsibility under this section
shall constitute an amendment to the Agreement between
the Agency and that City.
Page 2
E. The Committee, upon making a finding that a City is
out of compliance to the extent that immediate action
is necessary, may accelerate the process of Sections
2-B, C, and D.
F. In the event the Agency assumes all or a portion of
the responsibilities of the City, the Agency shall at
a later date, after receiving appropriate evidence
that the City is or will be able to remain in
compliance, negotiate with the City to return the
program responsibilities to the City. The Agency may
require payment of funds to reimburse the Agency for
system improvements made to bring the City into
compliance.
G. Nothing in this agreement shall be construed as a
limitation upon or delegation of the statutory and
home rule powers of the City, nor as a delegation or
limitation of the statutory powers of the Agency.
Section 3 . Dispute Resolution; Remedies
In the event a dispute under this Agreement is not resolved by
negotiation the aggrieved party may pursue any remedy available to
it under applicable law.
Section 4 . Effect of this Agreement
This agreement shall be effective upon its execution by all parties
hereto, and shall continue in effect for a term of thirty ( 30) years
from and after the date hereof. This agreement may be modified only
by written amendment of all the parties. This agreement shall
continue upon the legal reorganization or consolidation of any
party.
Section 5. Severability
In the event a court of competent jurisdiction shall deem any
portion or part of this Agreement to be unlawful or invalid, only
that portion or part of the Agreement shall be considered
unenforceable. The remainder of this Agreement shall continue to be
valid.
Page 3
IN WITNESS WHEREOF, this instrument has been executed in
duplicate by authority�of 1pw ul; actions by the City Councils and
Agency Board of Direct rs.
3
UNIFIED SEWERAGE AGENCY w `nom
� a � � .QTY OF BEAVERTON, OREGON
OF WASHINGTON COUNTY, OREGO OO y z
zCy.
B
Chai man, Boar f recto s ,� Mayor
x W w
� O a :c
> w ttest :
Approved as to Form: 0w City Recorder
la4H
Aftornel for Agency City Attorney
CITY OF CORNELIUS, OREGON CITY OF FOREST GROVE, OREGON
By By
Mayor Mayor
Attest: Attest:
City Recorder City Recorder
City Attorney City Attorney
CITY OF HILLSBORO, OREGON CITY OF NORTH PLAINS, OREGON
By By
Mayor Mayor
Attest: Attest :
City Recorder City Recorder
City Attorney City Attorney
Page 4
CITY OF SHERWOOD, OREGON CITY OF TIGARD, OREGON
By By
Mayor ayor
Attest: Attest :
City Recorder City Recorder (j
At
City Attorney it Attor-n y
CITY OF TUALATIN, OREGON
By
Mayor
Attest:
City Recorder
City Attorney
Page 5
AGREEMENT
THIS AGREEMENT is made and entered into as of theQ5 day of
1990, between the Cities of Beaverton, Cornelius,
rest Grove, Hillsboro, North Plains, Sherwood, Tigard, and
Tualatin, all municipal corporations of the State of Oregon,
hereinafter referred to as "Cities, " and the Unified Sewerage Agency
of Washington County, a municipal corporation and county service
district, hereinafter referred to as the "Agency. "
WHEREAS, the Agency provides sanitary sewerage and storm and
surface water management, and Cities are within the Agency; and
WHEREAS, City and Agency have the authority to enter into
contracts under ORS 451 . 560 and ORS Chapter 190 ; and
WHEREAS, Agency has entered into agreements with each of the
Cities within its boundary which specify the duties and
responsibilities of each party; and
WHEREAS, Agency and Cities desire to establish a process to
review matters of common concern to, the parties, including but not
limited to the performance of each City and the Agency relative to
the requirements of the agreements, matters addressed in Section
5-A-5 of the agreements , by means of a review Committee made up of
representatives of each City.
NOW, THEREFORE, in consideration of the covenants and
agreements to be kept and performed by the parties hereto, it is
agreed as follows:
Section 1. City committee
A. The parties hereby establish a Committee made up of
one representative from each City within the Agency
that is a party to this Agreement. The Committee
shall meet quarterly, or more frequently if needed.
it shall have authority to review and advise the
Agency on the standards, regulations and
specifications, work programs, capital improvement
programs, rates and charges, long range planning, and
other matters covered by the Agreements for Sanitary
Sewer and Storm and Surface Water Management
(Operating Agreements) with the member Cities.
B. The Committee shall also have the authority to review
the performance of the Cities as to the work programs
and standards of the Operating Agreements. Each City
hereby agrees to be bound by the decisions of the
Committee, subject to the procedures of Section 2.
C. The agency shall staff the Committee and provide
written notice to each City no less than 14 days prior
to each meeting. A quorum shall be necessary to
transact business, and vote of a majority of the
members present is required to act on any matter . All
meetings of the Committee shall be open to the public.
Section 2 . Procedures
A. Each City shall prepare and submit to the Agency
September 1 and March 1 of each year a performance
report of the storm and surface water functions, and
the sanitary sewer functions for which the City is
responsible under the Operating Agreement. The
performance report, for each function, shall address
the performance in those areas identified by the
Agency as related to NPDES and other permit
compliance.
B. The performance reports from each City will be
reviewed by the Committee. If the Committee
determines that a City is not meeting the standards ,
regulations, or work programs adopted by the Agency,
then the affected City shall be notified in writing of
the deficiencies. The City shall have 60 days to
develop and submit to the Agency a plan and schedule
to bring the City into compliance with applicable
standards . At the next semi-annual review, the
Committee will determine whether or not the City is in
compliance.
C. If, within 180 days of the Notice of Deficiency, the
Committee determines the City has not remedied the
identified deficiencies, written notice thereof shall
be sent to the Mayor and City Manager . The City shall
have 60 days to develop and submit to the Agency a
revised plan and schedule to bring the City into
compliance. At the next semi-annual review, the
Committee will determine whether or not the City is in
compliance.
D. If, within 180 days of the second Notice of
Deficiency, the Committee determines the City has not
remedied the identified deficiencies, the Agency shall
assume the responsibility for any portion of the
program the Agency determines is necessary to bring
the City into compliance. The Agency shall make
appropriate adjustments to the division of revenue to
reflect the change in responsibility. A decision to
transfer program responsibility under this section
shall constitute an amendment to the Agreement between
the Agency and that City.
Page 2
E. The Committee, upon making a finding that a City is
out of compliance to the extent that immediate action
is necessary, may accelerate the process of Sections
2-B, C, and D.
F. In the event the Agency assumes all or a portion of
the responsibilities of the City, the Agency shall at
a later date, after receiving appropriate evidence
that the City is or will be able to remain in
compliance, negotiate with the City to return the
program responsibilities to the City. The Agency may
require payment of funds to reimburse the Agency for
system improvements made to bring the City into
compliance.
G. Nothing in this agreement shall be construed as a
limitation upon or delegation of the statutory and
home rule powers of the City, nor as a delegation or
limitation of the statutory powers of the Agency.
Section 3 . Dispute Resolution; Remedies
In the event a dispute under this Agreement is not resolved by
negotiation the aggrieved party may pursue any remedy available to
it under applicable law.
Section 4 . Effect of this Agreement
This agreement shall be effective upon its execution by all parties
hereto, and shall continue in effect for a term of thirty ( 30 ) years
from and after the date hereof . This agreement may be modified only
by written amendment of all the parties. This agreement shall
continue upon the legal reorganization or consolidation of any
party.
Section 5 . Severability
In the event a court of competent jurisdiction shall deem any
portion or part of this Agreement to be unlawful or invalid, only
that portion or part of the Agreement shall be considered
unenforceable. The remainder of this Agreement shall continue to be
valid.
Page 3
IN WITNESS WHEREOF, this instrument has been executed in
duplicate by authority of lawful actions by the City Councils and
Agency Board of Directors .
UNIFIED SEWERAGE AGENCY CITY OF BEAVERTON, OREGON
OF WASHINGTON COUNTY, OREGON
By By
Chairman, Board of Directors Mayor
Attest:
Approved as to Form: City Recorder
Attorney for Agency City Attorney
CITY OF CORNELIUS, OREGON CITY OF FOREST GROVE, OREGON
By By
Mayor Mayor
Attest : Attest :
City Recorder City Recorder
City Attorney City Attorney
CITY OF HILLSBORO, OREGON CITY OF NORTH PLAINS, OREGON
By By
Mayor Mayor
Attest: Attest:
City Recorder City Recorder
City Attorney City Attorney
Page 4
CITY OF SHERWOOD,. .OREGON CITYOF IG O GON
By By X /C/
Mayor �Ma o'r
Attest : Attest :
City Recorder City Recorder
City Attorney Ci- y Attor y
CITY OF TUALATIN, OREGON
By
Mayor
Attest:
City Recorder
City Attorney
Page 5
IN THE UNIFIED SEWERAGE AGENCY
1
OF WASHINGTON COUNTY, OREGON
2
In the Matter of the Adoption of a )
3 Schedule of Charges, Rates and Fees )
for the Agency' s Sewerage and Storm ) RESOLUTION AND ORDER
4 and Surface Water Systems, and the
Adoption of Amendments to the Rules , ) NO. J.
5 Regulations and Penalties Associated )
with Such Charges, Rates and Fees )
6 Pursuant to Ordinance No. 18 , and for )
Other Fees Prescribed or Provided by )
7 Agency Ordinance or Other Law, and )
Prescribing an Effective Date of )
8 July 1 , 1990 . )
9
The above-entitled matter came on regularly before the Board at
10
its meeting of June 26 , 1990 ; and
11
It appearing that this Board did, on June 5, 1990 adopt
12
Ordinance No. 18 of the Unified Sewerage Agency entitled "An
13
Ordinance Prescribing Rules and Regulations Governing the Use and
14
Operation of the Sanitary Sewerage System; Prescribing the Rules and
15 Regulations Governing the Storm and Surface Water System; Imposing
16
U Charges for Connection to and Use of These Systems; Adopting Appeals
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(D Procedures and Enforcement Provisions; Repealing Ordinance 9 ; and
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Declaring an Emergency, " and
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3 m It appearing to this Board that Section 8 of the aforesaid
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N '° Ordinance provides a means whereby this Board may adopt charges ,
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- W rates and fees for the use of or connection to the Agency system
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=) 6 including the sanitary and storm and surface water systems ; and that
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Z N the Agency has additional authority under State Law, and Agency
7 = 24
0 ordinance , to adopt, charge , and revise fees for provision of service
25
to the public ; and
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Page
1 It appearing to the Board that it did adopt certain charges,
2 rates , fees , penalties and rules for the use of the Agency system by
3 Resolution and Order No . 89-34 on June 27 , 1989 ; and that those
4 charges, rates and fees, penalties and rules are now in need of
5 amendment; and
6 It appearing to the Board that the charges , rates , fees
7 penalties, and other rules and proposed amendments .thereto are
8 contained in Exhibit "1" attached hereto and by this reference
9 incorporated herein and all of said rules carry out the standards and
10 objectives contained in Section 8 or Ordinance No. 18 ; and
11 It appearing to this Board that it has conducted a public
12 hearing regarding the adoption of these rules and regulations this
13 date and that any person affected by the proposed rules had an
14 opportunity to testify, and that public notice of such hearing was
15 given in accord with Section 9 of the aforesaid Ordinance ; and
16 It appearing to this Board that it is appropriate to adopt the
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L11 17 amended rules contained in Exhibit "1" relating to the charges ,
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'C'r' m 19 systems, and the Board being fully advised in the premises ; it is ,
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0 0 21 RESOLVED AND ORDERED that the amended rules contained in
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Page 2 of 3 / �
1 further information by this Board; and it is further
2 RESOLVED AND ORDERED that the General Manager shall take such
3 steps to make available such rules in the office of the Unified
4 Sewerage Agency.
5 DATED this 26th day of June, 1990 .
6
UNIFIED SEWERAGE AGENCY OF
7 WASHINGTON COUNTY, OREGON
By its Board of Directors
8
9
10 5 VOTES AYE Chai an
11 Io r
12 Recording Se retary
13
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page 3 of 3
EXHIBIT 1
TABLE OF CONTENTS
SECTION 1 DEFINITIONS
Pages 1 - 4
SECTION 2 RULES, REGULATIONS, AND DEFINITION OF RATES AND CHARGES
Pages 5 - 15
SECTION 3 FEES
Pages 16 - 22
A. REGULAR - Page 16
B. INDUSTRIAL - Page 20
C. INDUSTRIAL PENALTIES - Page 21
SECTION 4 DWELLING UNIT AND DWELLING UNIT EQUIVALENTS (SEWER
SYSTEMS)
Pages 23 - 26
SECTION 5 FIXTURE UNIT RATINGS (SEWER SYSTEMS)
Page 27 - 28
SECTION 6 CALCULATION OF STORM AND SURFACE WATER ESU' S
Page 29 - 30
SECTION 7 MAPS
Page 31 - 32
A. COOPER MOUNTAIN SURCHARGE - Page 31
B. BULL MTN WEST PUMP STATION SURCHARGE - Page 32
APPENDIX A DIVISION OF REVENUE
Page 33 - 34
SECTION 1 DEFINITIONS
The following words shall have the following definitions in this
Resolution and Order, unless the context states otherwise:
Applicant
Applicant means the person making application for a permit for a sewer
or storm and surface water connection or is the owner of the premises to
be served.
Apportionment Processing Fee
Apportionment Processing Fee is a charge to cover the cost to the Agency
for processing Bancroft loan assessment apportionments in accordance
with Ordinance No. 14 . If the apportionment of the assessment is
initiated by the Agency, the Agency may add the apportionment fee to the
apportioned assessments .
BOD (Biochemical Oxygen Demand)
BOD (Biochemical Oxygen Demand) means the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedure in five ( 5) days at 200C, expressed in milligrams per liter .
Building
Building means any structure used for human habitation, employment or
place of business, recreation or other purpose, and containing sanitary
facilities.
Building Sewer
Building sewer means that portion of the private sanitary sewer
extending from a point five feet outside the established line of the
building or structure in question ( including any structural projection
except eaves) to the public right-of-way or easement line.
COD (Chemical Oxygen Demand)
COD (Chemical Oxygen Demand) is a measure of the organic matter content
in wastewater and is the oxygen equivalent of the organic matter that
can be oxidized under standard laboratory procedure using a strong
chemical oxidizing agent in an acidic medium.
Commercial Establishment
Commercial establishment means any structure used other than as a
dwelling unit or for manufacturing.
Dwelling Unit (DU)
Dwelling Unit (DU) means a separate living unit with kitchen facilities
Rates and Charges--Page 1
including _thos•e"--in --multiple dwellings;.- apartments,- motels, hotels,
mobile homes or trailers.
Dwelling Unit Equivalent (DUE)
Dwelling Unit Equivalent (DUE) means a nonresidential unit which is
deemed equivalent to a dwelling unit as provided herein or as provided
in the State Plumbing Code. The abbreviations DU and DUE are used
interchangeably in this Resolution and Order .
Easement Vacation (Release)
Easement Vacation means for the Agency to give up its incumbency of
occupancy of an easement granted to the Agency and return the property
right to the property owner .
Encroachment Agreement
Encroachment Agreement means an agreement between the Agency and
landowner allowing for the encroachment of a permanent structure within
a sanitary sewer or storm and surface water easement.
Equivalent Service Unit (ESU)
Equivalent Service Unit (ESU) is the unit of impervious surface area
which generates the storm and surface water runoff equal to a single
family residential property, as determined by Agency Ordinance, and
Agency resolutions adopted thereunder .
Fixture Unit (FU)
Fixture Unit (FU) means fixture unit load values for drainage piping and
shall be as specified in Section 5, or if not included herein as
specified in the Oregon State Plumbing laws and Administrative Rules .
Impervious Surface Area
Impervious surface area includes all areas that have been altered from
their natural state or are proposed to be altered such that they do not
allow the infiltration and retention equivalent to that of undisturbed
soil . This shall include, but is not limited to pavement, buildings,
decks, parking areas, and compacted gravel areas.
Main Sewer
Main sewer means a public sewer designed to accommodate more than one
building sewer .
Operation and Maintenance (0&M)
Operation and Maintenance (0&M) are the activities required to assure
the dependable and economical function of the sanitary sewerage and
storm and surface water systems , including treatment works .
Rates and Charges--Page 2
Maintenance- is the preservation of functional integrity and efficiency
of equipment and structures. This includes preventive maintenance,
corrective maintenance and replacement of equipment .
Operation is the control of the unit processes and equipment which make
up the treatment works . This includes, but is not limited to, financial
and personnel management ; records, laboratory control , process control ,
safety and emergency operation planning .
Regular Business Hours
Regular business hours means those hours that the Agency ' s main office
is open for business.
Replacement
Replacement is obtaining and installing equipment, accessories, or
appurtenances which are necessary during the design or useful life,
whichever is longer, of the sanitary, storm and surface water systems,
including treatment works to maintain the capacity and performance for
which such works were designed and constructed.
Septic Waste
Septic waste means the solids and wastewater removed from a septic
treatment facility.
Sewer Lateral
Sewer lateral is defined as that portion of the private sanitary sewer
pipe installed within the public right-of-way or an easement area to
provide sewer service to a lot .
Side Sewer
The portion of the private sanitary sewer extending from the public
sewer main to the public right-of-way or easement line.
Sleeping Accommodations
Sleeping accommodations means a room in a hotel , motel or boarding
house.
Sludges Waste
Sludges waste means the solids from primary, activated trickling filter
or a mixture of sludges that is removed from a wastewater treatment
facility.
Special Wastes
Special wastes means wastes which require some special method of
handling such as the use of indirect waste piping and receptors,
Rates and Charges--Page 3
--corrosion resistant piping, sand, soil. or: grease interceptors,
condensers or other pretreatment facilities.
Storm and Surface Water System
Storm and surface water system means any combination of publicly owned
storm and surface water quality treatment facilities, pumping, or lift
facilities, storm drain pipes and culverts, open channels, creeks and
rivers, force mains, laterals, manholes, catch basins and inlets, grates
and covers, detention and retention facilities, laboratory facilities
and equipment, and any other publicly owned facilities for the
collection, conveyance, treatment and disposal of storm and surface
water comprising the total publicly owned storm and surface water stem
within Agency jurisdiction, to which sanitary sewage flows are not
intentionally admitted.
Suspended Solids
Suspended solids means solids that either float to the surface or are in
suspension in water, sewage, or other liquids and which are removable by
filtering.
Temporary Discharges and Connections
Temporary discharges are discharges of wastewater on a temporary,,
short-term basis due to construction or site remediation. Such
discharges will be allowed only with prior written approval from Agency.
User Charge
User charge is the charge levied on users of a treatment works, surface
water facilities, or that portion of the ad valorem taxes paid by a
user , for the user ' s proportionate share of the cost of operation and
maintenance ( including replacement ) of such works .
Rates and Charges--Page 4
SECTION 2 -RULES, REGULATIONS -AND, DEFINITION OF _RATES-. AND CHARGES
Apportionment Processing Fees
Apportionment processing fees shall be charged to cover the cost to the
Agency for processing apportionments in accordance with Ordinance No.
14 . The fee is charged as part of the application unless the
apportionment is initiated by the Agency where it is added to the
apportioned amount.
Bull Mountain West Pump Station Surcharge Connection Fee
Bull Mountain West pump station surcharge connection fees are those fees
charged in addition to the regular sewer connection charges for those
properties benefited by the Bull Mountain Pump Stations, shown in
Section 7 . The purpose of the surcharge is to help defray the cost of
the construction of two large -pump stations. The surcharge shall remain
in effect until the pump stations are constructed. The surcharge shall
be applied and collected in the same manner as the regular sewer
connection charges. Properties that participate in a local improvement
district for the construction of one of the major pump stations, or
which otherwise directly contribute funds towards the construction of
one of the major pump stations, shall not be charged this surcharge.
Connection Permit Duration, and Forfeiture Upon Expiration
Sewer and storm and surface water connection permits expires 180 days
following the date of issuance. Failure to complete the sewer
connection and obtain inspection and approval of such connection by the
. Agency, or designated approval authority, within this 180-day period, or
within any extension of time or reinstatement period as provided below,
shall result in -forfeiture of all connection and inspection fees paid
and the nullification of the permit.
a. Extensions of Time - Upon submittal of a written request and
fee to the Agency prior to the expiration of the 180-day
period described above, the Agency may grant an extension of
time of up to 30 days from the expiration date for good
cause. Such request shall state the sanitary sewer or storm
and surface water permit and building permit numbers and the
reason for the extension request . The request shall be
signed by the property owner . Only one extension of time
shall be allowed; thereafter , the property owner must apply
for permit reinstatement .
b. Reinstatement of Permit - An expired connection permit may be
reinstated upon showing of good cause for an additional
90-day period, provided the request for reinstatement has
been made within 90 days of the original expiration date of
the permit . The 90-day reinstatement period shall begin from
the expiration date of the original permit . The application .
for reinstatement shall state the sanitary sewer or storm and
surface water permit and building permit numbers, the reason
for the need for reinstatement ; shall be signed by the
Rates and Charges--Page 5
- property -owner ;,,and:shall be :accompanied by the reinstatement _
fee.- A permit may be reinstated only once.
Cooper Mountain Surcharge Connection Fee
Cooper Mountain surcharge connection fees are those fees charged in
addition to the regular sewer connection charges for those properties
benefited by the Cooper Mountain Rehabilitation project, shown in
Section 7 . The purpose of the surcharge is to help defray the cost of
the project . This surcharge shall become effective March 1, 1988 , and
shall expire .when the revenue from same equals 50 percent of the final ,
actual project cost plus 5 percent per annum on the unrecovered balance
of those costs, or 10 years from the date of adoption of this fee,
whichever is later. The surcharge shall be applied and collected in the
same manner as- the regular sewer connection charges .
Customer Assistance Charges
Maps, publications and copy service provided by the Agency shall be
charged at actual cost as provided by ORS 192. 440( 2) . In the instance
of requests for information that is not readily available ( i .e. ,
information related to a closed project, industrial discharger -
information or other filed document) the customer will be charged a per
hour rate for actual time spent on the request (minimum 0. 25 hours) .
There will also be a per page. charge for copying the document . Maps ,
publications and copy fees shall be, waived for all governmental entities
providing there is a reciprocal waiver of such fees. No charge shall be
made for sewer availabilities and lateral location information.
Delinquency Fees
In addition to accrued finance charges, any owner who has not been
granted extension of time for remittance of any fee imposed herein and
who has failed to pay the fee on or before the period of 120 days
following the date on which the remittance first became delinquent,
shall pay a penalty of 10 percent of the fee due in addition to the
amount of the fee. A second delinquency penalty of 15 percent of the
amount of the fee due plus the 10 percent penalty will be imposed if the
fee remains unpaid on or before the period of 180 days following the
date on which the remittance first became delinquent .
Delinquency Finance Charge
Failure to remit any fee imposed herein shall subject the Owner to
payment of interest at the rate of 18 percent per annum on the amount of
the fee accrued from the date on which the remittance first becomes
delinquent until paid.
Disconnections
Properties shall not be permitted to disconnect from the sewer ; provided
however, that if a structure connected to the sewer system is demolished
or otherwise becomes unfit for habitation, the owner may apply in
writing for disconnection from the sewer system and be relieved from
Rates and Charges--Page 6
further. service charges._ , Those who dis.co.nnect :£rom the sewer system for
these reasons must purchase a sewer disconnection permit . The
disconnection must be a physical removal and the side sewer piping must
be capped at either the property line or at the edge of a permanent
easement. The disconnection must be inspected by Agency personnel prior
to backfilling the trench. Such properties may reconnect to the sewer
after purchasing the necessary plumbing permits without paying further
connection charges provided that the new connection does not increase
the flow or alter the character of the sewage or change the use of the
sewer . In the event that the use of the sewer is increased, credit for
the original number of units of connection shall be applied to the new
connection charge.
Easement Vacation (Release) Fees
Easement vacation fees are those fees charged for the investigation,
review and preparation of the necessary documents; and approval and
recording of the documents for the legal termination of an easement .
Owners of properties that have been paid for an easement who request
vacation of the same easement or a portion thereof shall pay to the
Agency a like amount for the easement in addition to this fee.
Encroachment Agreement Fees
Encroachment agreement fees are those fees charged for the investigation
and preparation of the necessary documents; and review, approval and
recording of the necessary documents allowing an encroachment on an,
easement .
Erosion Control Inspection Fee
Erosion control inspection fees are those charged for Agency inspection
of measures installed to control erosion, and adherence to erosion
control rules.
Erosion Control Plan Check Fee
Erosion control plan check fees are those charged for Agency review of
erosion control plans.
Erosion Control Reinspection Fee
Reinspection fees are those which may be required if inspectors are
requested to visit a site to perform an inspection before the erosion
control measures are in place, or before corrections from a previous
inspection are made, and another inspection is required.
Erosion Control Special Investigation Fee
Special investigation fees are those to be applied to activities which
require an erosion control permit , but which are started without having
a valid erosion control permit . This fee is in addition to the regular
permit fee and is to cover the investigation costs the Agency incurs in
its investigation of the work and evaluation of remedial proposals
Rates and Charges--Page 7
necessitated -by -the-work. The payment of--this fee- does not relieve the
applicant from any extra costs of the installation of erosion control
measures or verification that measures installed are effective.
Facilities Development Fee
Owners of property applying to connect property directly to the Agency
sewer system who will receive special and peculiar benefit from such
connection, but who have not directly contributed to the cost of the
line to which they will be making connection shall, in addition to the
regular sewer connection charge, be charged and assessed for the special
and peculiar benefit the property receives, as determined by the Agency.
This charge shall be called the facilities development fee (FDF) and
shall be equivalent to the average main line development costs,
calculated by the Agency, which are incurred by property owners who must
form local improvement districts to connect to the Agency system.
Payment of the facilities development fee shall entitle the property
owner to have a side sewer constructed, if necessary, at the Agency ' s
expense. If a side sewer is not necessary, however , no credit or rebate
shall be given to the property owner . Individuals charged with the
facilities development fee shall have the opportunity to pay the entire
fee by installments in the same manner as property owners within local
improvement districts.
The FDF will not be charged to an owner connecting to a main line for
the purpose of extending the public sewer system, except when, in the
professional judgment of Agency staff, the public sewer extension would
normally and more appropriately be a private connection to the main
line.
When the FDF is collected for connection to a sewer line financed
totally or partially by a city, the FDF shall be shared with the City in
proportion to that city ' s financial contribution to the construction of
the subject line.
Fee in Lieu of On-Site Detention
Water Quality and Quantity Facilities
Fee in lieu of on-site detention for water quality and quantity
facilities are those charged to a development in place of the
construction of an on-site water quality and quantity facility.
The fee shall be dedicated to the design, land acquisition, and
construction -of off-site storm water quality facilities . The
off-site facility may be designed to replace the on-site facility
requirements of multiple developments .
FEMA Floodplain Elevation Fee
FEMA floodplain elevation fees are those charged for Agency staff to
review, investigate, and determine floodplain elevations for properties
from FEMA flood hazard maps.
Rates and Charges--Page 8
. . Financial Management .System
The Agency ' s Financial Management Information System (FMIS) is an
integrated financial system which tracks expenditures and revenues on a
fund, program, object code and project basis . The Agency ' s annual
adopted budget meets the requirements of Oregon Local Budget Law and the
annual audit, performed by an independent auditor , meets legal and
statutory requirements . The FMIS provides the data for completion of
the audit and monitoring of the adopted budget .
Floodplain, Floodway, and Wetland Modification Fee
Floodplain, Floodway, and wetland modification fees are those charged
for plan review and investigation of construction drawings required for
any proposed modifications to floodplains, floodways, and wetlands, in
addition to regular construction plan review fees.
General Processing Fee
A fee shall be charged when a request for refund, submittal to appeal,
or other service that requires Agency staff time and/or action by the
Board of Directors or Advisory Commission is requested, excluding items
covered by other fees and contracts.
Industrial Wastewater Discharge Permit Fees
Industrial Wastewater Discharge Permit fees are those charged to
industrial users required to obtain wastewater discharge permits
pursuant to the Agency' s industrial user pretreatment rules. There are
two types of Industrial Wastewater Discharge Permits:
a. Nonmonitoring permits are issued to industrial users who do not
discharge constituents in such capacities as to require, in the
judgment of the Agency, a periodic monitoring schedule.
b. Monitoring permits are issued to industrial users who discharge
constituents in such concentrations and amounts as to require,
in the discretion of the Agency, pretreatment in some manner
prior to discharge and require a monitoring schedule.
An industrial user is also required to purchase a commercial connection
permit .
Industrial Plans/Process Review Fees
Industrial plans/process review fees are those charged when the
complexity of the plan/process of an industrial user applicant requires,
in the Agency ' s discretion, review before a permit may be issued. This
fee shall be based on the number of hours spent in reviewing the plans .
Industrial Wastewater Discharge Permit Limitations - Penalties/Charges
When an industrial user is issued a wastewater discharge permit , the
user is limited to a specific amount of discharge measured in volume
Rates and Charges--Page 9
(monthly water volume divided by -30 days) or. strength loading . A _
specific concentration (or mass) amount for certain wastewater
constituents may also be listed as a discharge requirement/limitation.
For industrial users whose monthly average/daily maximum discharge, or
limitations allowed by the discharge permit are exceeded during any
calendar month, the following procedure and penalties shall be followed
and imposed, respectively:
a. First Offense - For the first calendar month in which
discharge permit amounts or limitations are exceeded as
above-described, a written warning shall be issued stating
that if such practice continues the user will. be penalized
and may be required to purchase additional discharge capacity
or may be required to increase its pretreatment capabilities .
b. Second, Third and Fourth Offenses - For the second, third and
fourth calendar months within twelve months of a first
offense in which discharge permit amounts or limitations are
exceeded as above-described, the user shall be assessed
graduated penalties.
c. Fifth Offense - If discharge permit amounts or limitations
are exceeded for a fifth calendar month (within the
twelve-month period following the fourth offense) , the user
shall be charged for additional discharge capacity and/or be
required to install additional pretreatment facilities to
increase its pretreatment capabilities. The Oregon
Department of Environmental Quality (DEQ) will be notified of
the fifth offense. The user shall also be assessed
penalties. If the user fails to pay for such additional
capacity charges and/or fails to submit a schedule for
pretreatment improvements within 10 days of receipt of notice
of the same, the Agency may terminate sewer and/or water
service to the industrial user . Thereafter, if such
pretreatment improvements are not constructed in a timely
fashion, as determined by Agency, the Agency shall have the
right, with 10 day advance notice to user , to terminate sewer
and/or water service to the user .
If any industrial user fails, upon demand by the Agency, to supply
up-to-date, accurate and complete self-monitoring reports and records,
the discharge amount of such user for any calendar month may, in the
discretion of the Agency, be deemed to be the water consumption of such
user . The industrial user shall also be assessed the penalties for
permit violations.
In Lieu of Tax Fees
When property is annexed to the Agency, an in lieu of tax fee shall be
paid in an amount equal to the taxes that the property would have paid
during the past ten years had the property been a part of the Agency .
At the Agency ' s option, the fee can be calculated by taking the current
year ' s assessed value times 8 multiplied by the average tax rate for the
Agency for the past ten years .
Rates and Charges--Page 10
I-ncons.i.stent Agreements _ 5
The user charge system shall take precedence over any terms or
conditions of agreements or contracts which are inconsistent with the
requirements of Section 204 (b) ( 1) (A) of the Clean Water Act ( 33 U.S.C.
1251 et seq. , as amended) .
Large Industrial User Sewer Connection Fees
Large industrial user sewer connection fees are those charged for new
connections for industrial users with projected flows greater than
500, 000 gallons per day. After the user has submitted the industrial
permit application, staff may recommend that the user be allowed to
participate in the large industrial connection fee program.
Upon approval by the Agency, a user may purchase a minimum of 50, 000
gallons per day of industrial wastewater capacity to operate under for a
maximum period of two years. During this two year period, violations
and fines for exceeding the permitted flow amount would not be applied.
Payment of monthly sewer use fees would still be required regardless of
the amount of capacity provided for in the permit.
At the end of the two year period, the user must purchase a permit for
industrial discharge capacity based on the previous six months daily
average operating conditions of the facility. The connection charge
would be computed at the current connection charge rate prevailing at
the time of purchase. The industrial user may, at its option, purchase
additional capacity during the two year period.
Line Tap Fees
Line tap fees are those charged for the provision of side sewers by the
Agency.
Local Improvement District (LID) Financial Review Fee
Local improvement district financial review fee shall be collected from
each property owner required to submit financial information according
to Section 10 of Ordinance 12 . The fee shall help defray the cost of
the Agency ' s review of this information.
Local Improvement District (LID) Initiation Fee
Local improvement district initiation fee shall be charged to help
defray the cost of the engineering feasibility study for all proposed
LID' s which contain more than 50 percent undeveloped properties by area .
Miscellaneous Fees
Except when provided for by contract , any other services performed by
the Agency shall be charged a miscellaneous rate per hour fee for actual
time spent on the service (minimum 0 . 25 hours ) . Examples of this fee
are requests for copies of specific filed information related to a
project, industrial discharger or other filed document . There will also
Rates and Charges--Page 11
-- be a :charge- per page for copying the- pertinent --documents . If t-h-is -.
charge is applied to a request for additional staff time to prepare a
map for copying, the charge shall not include the cost of the map. The
-cost of the map shall be that as stated in Section 3 , Fees.
Notification
Users shall be notified, at least annually, of the sewer service charge
and that portion of the user charges which are attributable to
wastewater treatment services. Such notification shall be done by
newspaper advertisement and the public hearing for adoption of the
budget .
Payment Due
Payment for all permits, line taps, inspection and permit fees, and
plan-check fees are due and payable at the time of permit issuance, or
receipt of plans. All other fees and charges are due and payable within
fourteen (14) days of receipt of invoice. Accounts are delinquent when
not paid within thirty (30 ) days of due date and shall accrue interest
at the rate of 18 percent per annum from their due date. See
Delinquency Fees.
Plan Check Fees
Plan check fees are those charged for Agency review of subdivision
construction drawings, proposed public sanitary sewer facilities, and
storm and surface water facilities, and for inspection of the
construction of such facilities .
Preexisting Structures ( "Grandfather" Provision)
Structures existing on July 1, 1970 , are entitled to a reduced
connection fee if connection is made within 3 years from the time an
Agency sewer is constructed within 300 feet of the property.
Structures which were previously within the Aloha Sanitary Sewer
District and were assessed a $100 stub charge will not be charged an
additional connection charge.
Refunds
Refunds for just cause as determined by the Agency shall be granted
provided that a written request for refund is received not later than
one year after the charge was paid. Refunds due to a bona fide and
verifiable error or omission on the part of the Agency shall not be
subject to a processing fee.
Septic Waste Charges
Septic waste charges shall be charged for the treatment of waste from
septic tanks.
Rates and Charges--Page 12
..:Sewer- Connect-ion- Charges
Sewer connection charges are those charged for any and all of the
following:
a. Direct connections to the Agency sewer system;
b. Indirect connections to the Agency sewer system including,
but not limited to, building additions, or expansions which
include sanitary facilities;
c. Change in the use. of an existing connection; and
d. Substantial increase( s) in the flow or alteration of the
character of sewage to an existing connection.
The Agency .may from time to time make a physical count of the number of
fixture units present in a property, and the Agency shall recompute the
connection charges based on the current fixture count. If the
connection charge is reduced, no refund shall be made by the Agency, but
the property will retain a credit if the fixture count is later
increased. If the connection charge increases, the property shall pay
to the Agency based on the differential between the new and old fixture
count, calculated at the Agency' s current connection charge rate .
Whenever a connection charge is computed on property for which sewer
connection charges have been previously paid, a credit may, in the
discretion of the Agency, be allowed. The amount of the credit shall be
determined by Agency staff by taking into consideration the connection
charge calculation method existing at the time of the payment of the
earlier connection charge(s) along with the number of existing and
proposed fixture units and then computing the extent and amount of the
credit, if any. If records of such previous charges are not available,
the burden of proof shall be on the property owner to establish the
amount of those earlier charges. The exact manner of calculation of any
credit allowed shall be in the discretion of the Agency. Worksheets for
determining these charges and appropriate credits, if any are to be
allowed, are available from the Agency and are incorporated herein by
this reference.
- Where commercial work is performed in a residential unit, but the
majority of use is primarily residential, no additional connection fees
will be due (e.g. , dog grooming, beauty parlors, etc. ) However , if more
than 50 percent of the fixture units in the house are used for the
commercial use, additional connection fees shall be due.
Sewer Service Charges
Sewer service charges are those regular charges made for the
transportation and treatment of sewage from any connection to the Agency
sewer system. Such charges are listed in Table 1 and may be levied
monthly, bi-monthly, quarterly, semiannually or annually at the
discretion of the Agency.
Rates and Charges--Page 13
;_This charge shall commence the- month .fol-lowing connection to the Agency
sewer system -or six months after the- sewer- permit has been issued,
whichever occurs first, unless a deferment of the charge is requested
and good cause is shown. The maximum period of deferment shall be six
months for a total maximum of delay in commencement of service charges
of one year from permit issuance.
The Agency may from time to time make a physical count of the number of
fixture units present in a property, and the Agency shall re-compute the
sewer service charges based on the current fixture count .
Additional sewer .service charges for offices in the home will not be
levied as "Commercial, " if the primary use of the residential structure
is maintained as residential. If more than 50 percent of the fixture
units in the residence are for commercial use, a change of use will be
deemed to have occurred and appropriate fees (connection as well as
monthly sewer service charges) shall be due.
Sewer Connection and Service Charges for Properties Outside the Agency
Except as otherwise provided by contract, sewer connection and service
charges for properties outside the Agency ' s boundaries shall be
consistent with the rates charged for connection and service charges
within the Agency. Additionally, however , any applicable taxes and fees
that property owners within the Agency' s boundaries must pay shall be
paid by such property owners outside the Agency ' s boundaries .
Sludges Waste Charges
Sludges waste charges shall be charged for the treatment of sludges from
other than Agency wastewater facilities.
Special Waste Monitoring Fees
Special waste monitoring fees are those charged for customers who
discharge special wastes into the Agency system. This monitoring fee
shall be charged at the rate of time (at the Agency employee ' s salary
rate) and materials plus the current Agency personnel support and other
personnel expense rate.
Storm and Surface Water Service Charge
Storm and surface water service charges are those regular charges to a
property owner or occupant of designated premises for the contribution
of runoff or pollution, (as defined in ORS 468 . 700 ) , or both to the
storm and surface water system.
Such charges may be levied monthly, bi-monthly, quarterly, semiannually,
or annually at the discretion of the Agency. For properties where there
is a new or expanded sanitary sewer service charge, this charge shall
commence at the same time the sanitary sewer service charge commences or
changes. For new connections to the surface waters management system
where there is no sanitary sewer service charge, or no change to an
existing sanitary sewer service charge, the storm and surface water
Rates and Charges--Page 14
servc.e:_-charge. shall commence .six months after. the .issuance of the
'Agency storm and- surface water permit, or the date when the permit would
have been issued in cases where no application was made.
Storm and Surface Water System Development Charge (SDC)
Storm and surface water system development charges are those charged for
construction or other activity that causes or is likely to cause, an
increase of impervious surface area of the property for one year or
more. Such fee is for public capital improvements associated with such
construction or ,other activity, and may be a reimbursement fee or a fee
for improvements to be constructed.
The Agency may from time to time measure or estimate the amount of
impervious surface area on a property, and the Agency shall recompute
the SDC based on the current measurement of impervious surfaces . If the
ESU' s are reduced, no refund shall be made by the Agency, but the
property will retain a credit if the impervious area is later increased.
If the ESU' s increase, the property shall pay to the Agency based on the
differential between the new and old measurement, calculated at the
Agency ' s current SDC rate.
Surcharge
See: Bull Mountain West Pump Station Surcharge Connection Fees, OR
Cooper Mountain Surcharge Connection Fees.
Unauthorized Connections and Other Activities
If a person is found to have commenced an activity requiring a permit
but has not purchased the necessary permit , the fees will be two ( 2 )
times the normal permit fees, including connection fees . This provision
shall not apply to tenant improvements made to commercial facilities
already connected to the sewer system. Assessment or payment of this
penalty shall not be construed as a waiver of any fines, penalties,
damages, or other legal remedies available to the Agency.
Yard Debris Fees
Yard debris fees are those charged for receiving yard debris at the
Hillsboro West Facility, or other Agency Facility, for sludge compost .
NOTE: Reciprocal Exemption
The Agency may, by intergovernmental agreement approved by the Board,
waive imposition of plan review fees, inspection fees, system
development charges, and periodic utility charges otherwise charged, for
public projects when the other government has permit review authority
over Agency projects, and adopts a reciprocal waiver of comparable fees
otherwise applicable to Agency public projects . This shall not include
sanitary sewage connection or service fees or other fees collected by
cities within the Agency unless the city consents .
Rates and Charges--Page 15
_. SECTION 3 FEES
A. REGULAR FEES
Type of Fee Amount
1. Apportionment Processing Fee $ 10.00 per lot with a minimum of
$100.00. The total number of lots
is determined after subdivision or
partition.
2. Bull Mountain West Pump Station $400.00 per connection per DU or
Surcharge EDU
3. Construction Compensation Fee Equal to the Facility Development
Fee.
4. Cooper Mountain Surcharge $400.00 per connection per DU or
EDU
5. Customer Assistance Charges
As-builts/Miscellaneous Information
24" x 36" $ 5.00 per sheet
11" x 17" $ 2.50 per sheet
Blueline Reproductions
a. Contour Maps 1" = 100' $ 20.00 per sheet
b. Contour Maps 1" = 400' $ 5.00 per sheet
c. Quarter Section Maps 1"=100' $ 5.00 per sheet
d. Overlay (a&c 1" = 100') $ 25.00 per sheet
e. Basin Map 1" = 2000' $ 5.00 per sheet
f. 11x17 or smaller 1" = 100' $ 5.00 per sheet
File/Record Search $ 5.00 per 0.25 hour
(minimum 0.25 hours)
Microfilm copies of 8-1/2" x 11"
and 11" x 11" size $ .25 per copy
Microfilm copies of 11" x 14"
and 11" x 17" size $ .50 per copy
Mylar Reproducible Contour Maps $275.00 per sheet
Photocopies $ .25 per copy
Plotter Services $ 20.00 per hour
(minimum 0.50 hours)
Rates and Charges--Page 16
6:== Easement:Vacation (Release) Fee $100:.00:for each document that has
to be recorded for each property
requesting the easement vacation.
7. Encroachment Agreement Fee (1) $125.00 plus a certified
foundation survey when the
landowner applies for the
Encroachment Agreement.
(2) $125.00 for the preparation,
approval by Board, and recording
of the document.
8. Erosion Control Fees
a. Erosion Control Inspection Fee
Activities requiring an erosion
control permit, and which are
covered by a building permit.
Value of Project Fee
0 to 2,000 $5.00
2,000.01 to 25,000 15.00
25,000.01 to 50,000 26.00
50,000.01 to 100,000 40.00
100,000.01 and up 40.00 plus $24.00/100,000 or
fraction thereof over $100,000.
b. Activities requiring an erosion
control permit, and which are not
covered by a building permit:
Area Fee
0 to 1 acre $80.00
1 acre and up $80.00 plus $20.00 per acre or
fraction thereof over 1 acre.
Erosion Control Plan Check Fee 65 % of the inspection fee.
Reinspection Fee $32.00
Special Investigation Fee The cost of Agency staff time for
the investigation, up to 10 times
the permit fee for the work
performed.
Rates and Charges--Page 17
9. .' Fee in Lieu of Orr-Site Detention
Water Quality Facilities Only $375.00/ESU
Water Quantity Facilities Only $375.00/ESU
Both Water Quantity and
Quality Facilities $562.50/ESU
10. Facilities Development Fee $4,500.00 per connection (includes
(Sanitary System) line tap fee where applicable)
11. FEMA Floodplain Elevation Fee $20.00
12. Floodplain, Floodway and
Wetland Modification Fee $500.00
13. General Processing Fee $ 50.00
14. Industrial Plan/Process Review Fee $ 21.00 per hour
15. Industrial Wastewater Discharge
Permit Fees (See Section 3-B)
16. Industrial Wastewater Discharge
Permit Violation Penalties (See Section 3-C)
17. Line Tap Fee $950.00 per tap
18. Local Improvement District (LID)
Financial Review Fee $450.00
19. Local Improvement District (LID)
Initiation Fee $500.00
20. Miscellaneous Fees $ 5.00 per 0.25 hour
21. Permit Extension Fee $ 50.00
22. Permit Reinstatement Fee $250.00
23. Plan Check Fee 5% of the cost of construction of
developer-provided storm and
surface water and sanitary sewer
improvements or $250, whichever is
greater.
23. Preexisting Structure Connection
Fee (Grandfather Provision) $300.00 per DU or DUE
Rates and Charges--Page 18
24. Septic Waste (Including Chemical Residential : 5.1 cents per
Toilet Waste) Charges gallon
Nonresidential : Will receive
only with prior written approval
from Industrial Waste Section of
USA.
25. Sewer Connection Charge $1,500.00 per DU or DUE
26. Sewer Disconnection Fee $ 25.00
27. Sewer Service Charge $ 15.50 per DU or DUE per month,
except as follows:
Car Washes - $15.50 per DUE per
month until a separate water meter
is installed. Thereafter,
$1.13/100 cu. ft. , plus standard
commercial rate for sanitary and
domestic use.
Industrial Category II - Minor
$1.13/100 cu. ft. , plus standard
commercial service charge for
sanitary and domestic use.
Industrial Category III and IV -
Major and Large - $1.13/100 cu.
ft. of metered discharge; plus
$0.060 per pound COD over 800
mg/L; plus $0.091/pound SS over
400 mg/1 ; plus standard commercial
service charge for sanitary and
domestic use.
29. Sludge Waste Charges Primary: 4.8 cents per gallon
Activated: 10.8 cents per gallon
Trickling Filter: 5.3 cents per gallon
Mixed: 9.0 cents per gallon
30. Storm and Surface Water Service
Charge $3.00/ESU/month
31. Storm and Surface Water System
Development Charge (SDC) $375.00/ESU
32. Temporary Connection Fee # of years discharging x $1,500
(for temporary discharges in 20 year life EDU
33. Temporary Discharges 5.1 cents per gallon
34. Yard Debris $ 5.00 per cubic yard
Rates and Charges--Page 19
B. INDUSTRIAL WASTEWATER DISCHARGE PERMIT FEE
Type of Fee Amount
Non-monitoring Fee $ 75.00 upon issuance and upon
each renewal of permit as
determined by agency pretreatment
rules
Monitoring Fee $ 250.00 upon issuance and upon
each anniversary of permit
issuance date.
Temporary Connection Fee # of year discharging x $1,500
(for temporary discharges in 20 year life EDU
excess of two years)
Rates and Charges--Page 20
C.- INDUSTRIAL-WASTEWATER DISCHARGE-'PERMIT VIOLATION PENALTIES
Type of Penalty Amount
First Offense Written Notice
Second Offense Total of the following amounts, as applicable:
Volume - $2.27 per 100 cu.ft. over the allowed
permit limit plus
COD - $.14 per pound over the allowed
permit limit; plus
SS - $.21 per pound over the allowed
permit limit; plus
PH - $50.00 per percentage point (or
fraction thereof) of total time spent
beyond the permit operating range
greater than 1%; plus
Constituents - $50.00 per constituent per day that
exceeds the daily discharge permit
limit
Late Reports - $20.00
Third Offense Total of the following amounts, as
applicable:
Volume - $4.56 per 100 cu.ft. over the allowed
permit limit; plus
COD - $.28 per pound over the allowed permit
limit; plus
SS - $.42 per pound over the allowed
permit limit, plus
PH - $75.00 per percentage point (or
fraction thereof) of total time spent
beyond the permit operating range
greater than 1%; plus
Constituents - $100.00 per constituent per day that
exceeds the daily discharge permit
limit
Late Reports - $50.00
Rates and Charges--Page 21
Fourth Offense -Total of.:.the following -amounts, as
applicable:
Volume - $9.09 per 100 cu.ft. over the
allowed permit limit; plus
COD - $.56 per pound over the allowed
permit limit; plus
SS - $.84 per pound over the allowed
permit limit; plus
pH - $100.00 per percentage point (or
fraction thereof) of total time spent
beyond the permit operating range
greater than 1%; plus
Constituents - $200.00 per constituent per day that
exceeds the daily discharge permit
limit
Late Reports - $100.00
Fifth Offense Stoppage of sewer and/or water service if
additional capacity is not purchased or if
appropriate pretreatment facilities are not
scheduled and, thereafter, constructed in a
timely fashion as determined by the Agency.
Penalty fees continue until permit limits are met.
Volume - $11.16 per 100 cu.ft. over the
allowed permit limit;
COD - $0.70 per pound over the allowed
permit limit; plus
SS - $0.99 per pound over the allowed
permit limit; plus
pH - $150.00 per percentage point (or
fraction thereof) of total time spent
beyond the permit operating range
greater than 1%; plus
Constituents - $600.00 per constituent per day that
exceeds the daily discharge permit
limit
Late Reports - $150.00
Rates and Charges--Page 22
-_. SECTION 4 -- DWELLING UNI-T AND DWELLING- UNIT EQUIVALENTS (SEWER SYSTEM)
Type of Use DU DUE
A. Residential
1. Single Family Dwelling Unit 1 per DU
or each Dwelling Unit with
kitchen*, in multiple dwellings,
apartments, mobile homes or trailers.
2. Motels, hotels, or other classes of
residential dwellings not listed else-
where herein.
a. Sleeping Accommodations w/o 1 DU(DUE)/2 Units plus
Kitchens 1 DU(DUE)/16 Fixture Units
or fraction thereof for common
facilities (laundry, dining
area, restaurant, etc.)
b. Sleeping Accommodations 1 DU(DUE)/1 Unit
w/Kitchen (includes central laundry
facilities)
Note: Fixture units of common areas (i .e. , recreation centers, swimming and
sauna centers, and laundry facilities) shall not be used to increase the
DU(DUE) 's for apartments, condominiums, and mobile home parks.
3. Convalescent/Residential Care Facilities
a. W/0 Individual Kitchen* 1 DU(DUE)/2 Beds Plus 1 DU
and with a central kitchen (DUE)/16 Fixture Units or
fraction thereof for Kitchen,
Laundry, and other common
areas.
b. w/Individual Kitchens 1 DU(DUE)/16 Fixture Units
regardless of having a or fraction thereof
central kitchen and common
facilities
B. Nonresidential
1. Commercial are those establishments of a commercial nature that do not
fall under categories 2. and 3. below. Public structures and churches
Rates and Charges--Page 23
---are also included in this category. The two types of commercial =
establishments have dwelling units as follows:
a. Finished or developed 1 DU(DUE) for 16 fixture
commercial establishments. units or fraction thereof.
b. Unfinished or undeveloped 1 DU(DUE) for each quarter
("shell") commercial acre until development begins,
establishments at which time such
establishments shall be
calculated a 1 DU(DUE) for
each 16 fixture unit or
fraction thereof, and allowed
credit for prior connection
charges based on land area.
2. Special Services
a. Hospitals, Laundries and 1 DU(DUE)/16 Fixture Units
Laundromats**, Public Park or fraction thereof
Facilities, Restaurants or Main
Dining Facilities (including
kitchens) , Schools (All Grades)
b. Car Washes *** Based on 6 fixture units per
stall , or if a drive through,
at least 1 DU. Adjustments,
based on actual water use,
will be made after six
months of operation.
Additional connection fees may
be required at that time. A
separate water meter for the
car wash is recommended.
* Kitchens shall mean any combination of sink, refrigeration unit or cooking
area, regardless of size, or capacity, or intent.
** If a separate water meter for a laundry or laundromat is utilized the
service charge shall be as described in Section 4-B.3.b.
*** If a separate water meter for a car wash is not utilized, the service
charge shall be calculated by adding the total water consumption of the
structure to the fixture unit count for the noncar wash portion.
Rates and Charges--Page 24
3. Industrial connections are-for those structures used primarily for
manufacturing or which-discharge wastes other than sanitary or
domestic. There are three industrial categories as follows:
a. Category I - Dry 1 DU(DUE)/16 Fixture units or
User does not generate or fraction thereof.
discharge any industrial
waste or wastewater. Industrial
users that discharge less than
50 gallons of industrial waste-
water on any one day may be
included in this category with
the approval of the Agency
industrial waste staff.
b. Category II - Minor 1 DU(DUE)/625 gpd If
Metered water use of water discharge is not
industrial waste or waste- known, then the fixture
water discharge is less than unit rates will be used.
25,000 gallons per day. Any adjustment in connection
charge will be made after 6
months of operation.
c. Category III - Major Agency staff shall select
Metered water use of one or more of the follow-
industrial waste or waste- ing methods of determining
water discharge is equal to the connection charge:
or greater than 25,000 gpd
or strength of waste dis- a. 1 DUE/625 gpd average
charged is more than 800 mg/l value;
chemical oxygen demand
(COD) or 400 mg/lb. suspended b. 1 DUE/0.7 pounds BOD
solids (SS). per day average value;
c. 1 DUE/1.4 pounds COD
per day average value;
d. 1 DUE/0.7 pounds SS
per day average value.
d. Category IV - Large With prior Agency
Those users with projected approval , the industrial
discharges greater than user may be required to
500,000 gallons per day. purchase a minimum
See definition for Large capacity of 50,000 gpd
Industrial User in Section 2 for and pay fees based on
specific requirements and 1 DUE/625 gpd at the
qualifications. current DUE rate.
Rates and Charges--Page 25
Notes:
1. The selection of the method to be used in determining the DUE's for
industrial users shall be made on the basis of the impact the
particular user's discharge is anticipated to have upon the particular
sewerage system in question and shall be aimed at ensuring that the
user in question pays its fair share in light of the impact of the
discharge, as determined by the Agency.
2. Minor, major and large industrial connection and sewer service charges
cover only the industrial waste/wastewater portion of the industrial
users' discharge. All industrial users must also pay connection and
sewer service charges, based upon fixture units, for its sanitary or
domestic waste discharge [See Section 4-B.1 "Commercial" above. ] If
the Agency utilizes water consumption meter readings to determine the
industrial sewer service charge, an additional monthly sewer service
charge for sanitary or domestic waste discharge will still be required.
3. The Agency may, at its discretion, require the user to separate its
industrial waste/wastewater discharge from its sanitary or domestic
waste discharge.
4. For industrial connections having projected discharges greater than two
million gallons per day (MGD) , a special fee schedule shall apply. In
order to obtain special fees, the applicant must do the following:
a. Submit a complete industrial permit application for a minimum of
two MGD on or before July 3, 1990;
b. Pay to the Agency the sum of $100,000 prior to July 3, 1990;
c. Pay to the Agency the balance of the connection charges for the
permit application on or before October 1, 1990.
If the applicant fulfills conditions of this provision, connection
charges for a permit application of two MGD or greater shall be
calculated based upon the rates and charges in effect within the Agency
on June 30, 1990. In the event the applicant has deposited funds
within the Agency under this provision, and determines not to proceed
with its application, or if by October 1, 1990, the applicant has not
paid the balance of the connection charges determined, the application
shall be deemed withdrawn, and the Agency shall refund to the applicant
the sums paid.
Rates and Charges--Page 26
SECTION 5 FIXTURE UNIT- RATINGS (SEWER SYSTEM)
FIXTURE FIXTURE UNIT VALUE
Baptistry/Font 4
Bath
Jacuzzi/Whirlpool 4
Tub/Shower Combination 4
Cuspidor/Water Aspirator 1
Dishwasher
Commercial 4
Domestic 2
Drinking Fountain 1
Eye Wash 1
Floor Drain/Floor Sink*
2-inch 2
3-inch 5
4-inch 6
Car Wash Drain 6
Garbage Disposal
Domestic 3/4 horsepower 16
Commercial 3/4-5 horsepower 32
Industrial more than 5 48
Ice Machine/Refrigerator Drains 1
Oil Separator (Gas Stations) 6
Shower
Gang 1 per head
Stall 2
Sink
Bar 2
Bradley 5
Commercial 3
Service 3
Washer, Clothes 6
Water Extractor 6
Water Closet, Toilet 6
Urinal 6
Rates and Charges--Page 27
Any-f i-xture_uni t r.ati ng' not-_addressed i n`,this.table-sha:l l . be. ca-1 cu,1 ated 1
pursuant to the current State 'Plumbing Code.
*The Agency will count the greater of :either the number of floor sinks or the
units that drain into them, but not both.
Rates and Charges--Page 28
SECTION 6 CALCULATION- OF,:STORM AND - SURFACE WATER ESU' S
e
Definition of Single Family Residential
Single family residential properties shall be defined to include single
family residences and each unit of a duplex. Each duplex will be
charged 2 ESU' s. All parcels with three or more residential units will
be measured and charged based on the ESU equivalent for the parcel .
Calculation of Charge for Nonsingle Family Properties
a. The ESU standard is based on an analysis of the average
impervious surface area for properties defined as single family
residential within the USA service area. Based on the validated
statistical analysis performed, the base measure of 2, 640 square
feet constitutes on Equivalent Service Unit for rate making
purposes.
b. The impervious surface area shall be measured and divided by
2640 square feet. o
c. Fractional values shall be rounded to the next higher whole
value, except for condominiums as discussed below.
Allocation of Impervious Surface for Condominiums
The total charge shall be based on the impervious area for the total
condominium complex, and then allocated based on one of two methods;
a. Primary Option--When possible, the total bill for the
condominium complex shall be sent to one person or entity, such
as the homeowners association.
b. Secondary Option--In cases where individual units are billed,
the individual unit charge shall be determined by- dividing the
total charge by the number of condominium units in the complex.
The cost per unit shall be rounded to the next higher 0 . 1 ESU.
Measurement of Private Streets within Developments
Private streets within developments shall be measured and included in
the impervious area total .
Railroad Property
Railroad facilities shall be included in the measurement of impervious
area, but the rail grade itself shall be excluded.
Quarry Property
Permanent roadways, parking areas, and structures shall be included in
the impervious area measurement, but the actual excavated area from
which material is being taken, and the temporary service roads in the
excavation area shall be excluded.
Rates and Charges--Page 29
Public -Streets
Public streets shall not be charged a SWM monthly service charge or
systems development charge.
'Rates and Charges--Page 3.0
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N
y APPENDIX A
DIVISION OF REVENUE
For Revenue Collected within the City
Division of Revenue for Beaverton, Cornelius, Forest Grove, Hillsboro,
Sherwood, Tigard, and Tualatin:
SANITARY SEWER FEES
o Service Charge $15. 50 per month per EDU
City Portion $4 .00
Bond Requirement 2. 16
Agency Portion 9 . 34
Connection• Charge
City Portion 20 .0% to City
STORM AND SURFACE WATER FEES
Erosion Control Fees 100% to City
Fee in Lieu of On-Site ✓ 100% to City
Detention
FEMA Floodplain Elevation Fee 100% to City
Floodplain, Floodway, 100% to City
and Wetland Modification Fee
Plan Check Fee
City Facility 100% to City
Agency Facility 100% to Agency
Storm and Surface Water $2 . 00 to City, $1 . 00 to
Service Charge Agency
Storm and Surface Water System 100% to City
Development Fee ( SDC)
Rates and Charges--Page 33
Division. of Revenue. for-- Banks , Durham, Gaston,,. and Ki,n'g. City
SANITARY REVENUE
Monthly Service Charges 5 ..0% of ( $'15 ..5:0 $2 . 16)
to City
STORM AND SURFACE WATER REVENUE
Monthly Service Charges 5. 0% to City
Division of Revenue for North Plains
SANITARY REVENUE
Monthly Service Charges 5 . 0% of '($15. 50 - $2.16)
to City
STORM -AND -SURFACE WATER iREVENUE
Monthly Service Charges $0 .50 to City, .$2. 5:q to
Agency
Rates and C atges--Pa'.ge 34