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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 w 17 (D Procedures and Enforcement Provisions; Repealing Ordinance 9 ; and Q 18 Declaring an Emergency, " and Cm 19 3 m It appearing to this Board that Section 8 of the aforesaid w ; 20 N '° Ordinance provides a means whereby this Board may adopt charges , Uj021 - W rates and fees for the use of or connection to the Agency system z o 22 =) 6 including the sanitary and storm and surface water systems ; and that w ° 23 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 z 26 LU 1 of 3 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 U z L11 17 amended rules contained in Exhibit "1" relating to the charges , c� Q w 18 rates, and fees for the use of the sewerage and storm and surface 'C'r' m 19 systems, and the Board being fully advised in the premises ; it is , UJ e 20 therefore U) 0 0 0 21 RESOLVED AND ORDERED that the amended rules contained in 0 LL W z o 22 Exhibit "1" attached hereto and by this reference incorporated herein o w m 23 be , and hereby are adopted and promulgated by this Board, effective � N Z C) = 24 as of July 1 , 1990 ; provided Section 3 , Item 9 , fees in lieu of U Q 25 on-site detention, shall not be adopted at this time, but shall be Cr W 26 set over for the regular meeting of July 10 , 1990 , pending receipt of Ui 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 14 15 } 16 U w 17 0 a 18 W � 19 n W m 3 W 20 m 0o21 U U- W z o 22 � o LU m 23 � N Z 0 = 24 U a 25 LU 26 w 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 e 1 - ,• ;•, �_, � _ , . . . s _ �_ . ���..._ _.� __ .�m _ IIIA � 'd�, 11 _ ._ ._ ����! �������ti�� it � q,1 ' II .nl■�� `s 11 i �■i.■ r all Jill I,S r■ �',!1 SIC�: � ��:� �. _ t nn■ � �� . � ■■ 1111 i u� , � I ■■ 111'11111_ ■ 1■��:�� 1 '. z. � `� ��� � � r � . , . ,� ' .: a■, .. num .<r: I, }j�■ n �'' .._ 's �� � � 5ir �� - �' i. dun■p. � •_ . ._ •I `I: ;\ m� .•, S � 1 i i:B:�a. � ■ '�11�9�i� :�� �ulJa;'�17 � . C _ 1 � IIII ! y# ft1 ►X31 ■ ".. _ . .. _ _. ...... ... ... ..�.t .,-_ ...•,•.,�� ,,,z "� �T'$, �"*- ,�s �i dip.�'�� .:: .,,-.a- I i 4 J L MTN . WEST SURCHARGE I w $W 1181111104111 Ros,NAKlee�nee�4°.- _., ' er°0 ��� � ' . . .+•I. _ I. RNUS GT. o I �'0•al \.�j ® I. I Iai ,r1ein a PLACE cli LEGEND COLONY " \ � � w � ._I� • a p Ips ® ®®®® goo ... ® BASIN v .., a sl ii sw >� . y � eeeeeeeaee BASIN 2 COLONY DR. I I _ ,... eu c MrN �7��' FUTURE RD, MAJOR PUMP ,• I STATION ®� ,y I �• SW BULL ��®��e�l�� �I I ROAi IJ ,,,.. � ... ,,,, I •.,. � --C i �I � � � i ,••. I a bmae'®ea�I w s„es+p1�, N -CABERNET ST. _ I IN alla 11 6eeeoe'eoeee aaeeeaeeeaeeeneene�®®® ®®e�®®® me®rte ®euem®®are 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