Section 1. ESTABLISHMENT OF FEES
All fees are to be in such classifications and amounts as annually approved by the Board of Directors at a public hearing conducted pursuant to Arizona Revised Statutes.
Section 2. EXCESS DENSITY FEE (CAPACITY)
A. The purpose of excess density fees is to provide funds for the District to develop and expand the wastewater collection, treatment and disposal facilities necessary to accommodate the demands for service of the community.
B. For purposes of calculating the excess density fee, an EDU shall be defined in paragraph K.
C. All property owners in the District having previously paid connection fees based on the square footage of the property are deemed to have the ability to connect to the District wastewater systems, improvements producing wastewater equivalent to 2.2 EDU’s per acre.
D. All property owners in the District having paid the per unit connection fee are deemed to have the ability to connect to the District wastewater systems, improvement producing wastewater equivalent to 1 EDU per connection.
E. Any property owner who wishes to connect improvements which exceed the allowable base density shall submit plans and specifications to the District and submit payment, as set forth in the current schedule of rates and fees for each EDU or portion of, in excess of the allowable base density, and any amount determined by the District necessary to pay for additional collection capacity to that property.
F. Excess density fees that have been expended or committed to accommodate the proposed use of the property shall not be refunded to a property owner due to a subsequent change in use of the property resulting in a decrease in the amount of EDU’s on the property.
G. The excess density fee shall apply to all property within the District, whether in a sewer improvement district or not, whether adjacent or not, in the vicinity of sanitary sewer or not, and whether the owner of said property has heretofore paid any assessment or connection fees. Service is deemed available to a parcel of property commencing at the time of the initiation of the planning of the construction of a collection system within such area. At the initiation of the planning, all property owners will be notified by mail at the address for the property owner maintained by the Navajo County Assessor of a collection system to which they must connect the improvements upon their property.
H. The District shall cooperate with Navajo County and the Town of Pinetop-Lakeside in reviewing and monitoring building permits for alterations to existing structure to determine any changes in the number of EDU’s connected to the District systems.
I. If the District determines that a development will contribute flow to the wastewater systems that is in excess of the design capacity of the system or that it will require a disproportionate percentage of the remaining capacity of the system, the owner shall pay to the District the cost of additional system capacity. With the District’s approval, the owner may, at their own expense, construct a new collection system to a point where the interceptor has the design capacity to handle the additional flow attributable to the proposed development. Payment must be made prior to the District issuing an “Agreement to Provide Service” or at the time of issuing a connection permit, whichever first occurs. To determine whether the owner must pay for additional collection system capacity, the District may consider the following factors:
1. The amount of flow contributed by the proposed development that is attributable to EDU’s greater than the allowable base density.
2. The capacity of the system at the point of connection.
3. The existence of other property, which may potentially connect to the system at the same point and upstream locations, and the potential flows if that property were developed at the allowable base density.
4. The most reasonable and economic method for the District to manage wastewater flows with respect to the actual connections and potential connections of the other property in the vicinity of the proposed development.
J. Any person desiring to increase the number of EDU’s, or change their use of the property which contains improvements existing on the date of the adoption of these Rules & Regulations or thereafter, whether connected or not, shall submit to the District at the time of applying for a permit the following information:
1. The size and location of the parcel or property.
2. Sufficient information so that the District may determine the number of existing EDU’s.
3. The proposed changes.
4. Preliminary and final plans for the development of the property.
K. The Proper District Authorities shall use the water service meter size for purposes of calculating equivalent dwelling units (EDU’s). Water meter size up to 3/4” will be equal to one EDU.
Section 3. CONNECTION FEES
A. Revenue generated from the Connection Fee shall be used to construct additional conveyance and treatment capacity in the District’s wastewater collection and treatment systems, or the repair or replacement of the existing main lines as and when designated by the Proper District Authority. When said monies are not being expended for this purpose, they are to be invested or spent at the direction of the Proper District Authority.
B. Except for parcels of property within a Sewer Improvement District, which have been assessed an amount greater than one dollar ($1.00), the connection fee to be paid to the District for all new connections to the District wastewater systems are to be determined in accordance with the formula set forth in Exhibit B. Connection fees must be paid prior to the issuance of a sewer permit.
C. There are two different classifications of connections:
1. Main Line Connection – any single connection to an adjacent main line,
2. Developer Connection – Developer Connection – to be applied to any development not defined as a main line connection, which is constructed per District guidelines and specifications and for which the District will assume ownership.
D. In addition to the Developer Connection fee, the connection fee for a developer of any new subdivision, business, or industrial development shall also include all legal, engineering, and other costs that are directly attributable to the connection of the collection system constructed by the Developer to the District sewer system. The additional cost attributable to the connection of the development to the District’s sewer shall not be waived or reduced except by a majority vote of the Board of Directors.
Section 4. LATERAL FEES
A. A lateral is defined as the portion of the District’s collection system lying within an easement or road right-of-way that provides a means for transporting wastewater from a private service line to a main line sewer. Every effort is made to terminate laterals at the property line of a parcel.
B. In addition to a connection fee, a dwelling or unit desiring to connect to the District collections systems shall be charged a lateral fee as set forth in Exhibit A.
C. At the time a written request is received to construct the lateral, the property owner or responsible party, shall submit to the District a down payment equal to or greater than the minimum lateral fee as set forth in Exhibit A. Upon completion of the lateral construction, the property owner or responsible party will be invoiced for the difference between the time and material cost, minus the down payment. In no case shall the total cost be less than the minimum lateral fee. Final payment shall be due within 30 days from the date of the invoice.
Section 5. TAP FEES
A. In lieu of the District constructing a lateral on a time and material basis, it may be beneficial (financially and/or scheduling) for the property owner to construct their own lateral. In these cases, a tap fee will be charged as set forth in Exhibit A.
B. The property owner will make arrangements with a properly licensed contractor, authorized to work within a public right-of-way, public utility easement, etc., to excavate and expose the main line, and install the appropriate fittings and adapters for the new lateral. The District will provide the fittings and adapters identified in the Standard Specifications. The District Inspector must be present during installation to insure the proper usage and installation of the fittings and adapters. Once the tap is completed, the connection inspected and approved by the District Inspector, the contractor wills properly backfill the areas excavated and continue construction of the remainder of the lateral and service line.
C. All work must be performed in accordance with the District’s Standard Specifications, local, county, state, and federal requirements. The property owner will assume all responsibility for any damages, and subsequent repairs to the main line during excavation, installation, construction, and backfill.
Section 6. MONTHLY SEWER CHARGES
A. The current user fees to be charged to service locations within the District shall be as set forth in Exhibit A. User fees will be established to reflect the proportional shares of the cost of the operation, maintenance, repair and replacement of the wastewater collection, treatment and effluent disposal systems and may be expended for any purpose as approved by the Proper District Authority.
B. In lieu of the user fees as defined in Exhibit A, an owner or responsible party of any of those places so defined may install and maintain at their own expense, in a control manhole, a suitable wastewater-measuring device. The user shall then pay the cost per gallon for treatment set forth in Exhibit A.
(1) Failure to maintain the measuring device in efficient operating condition will constitute authority for the District to bill the customer according to their category of user as set forth in Exhibit A.
C. If the District finds that it is not practicable to measure such waste by meters, the waste shall be determined in any manner or method as may be found practicable, in order to arrive at the quantity of water entering the system upon which the user fee per gallon shall be levied. Charges for quantities so determined will be made at a current rate set forth in Exhibit A attached hereto.
D. The rate shall be based on four components:
1. Treatment cost per milligram of bio-chemical oxygen demand
(Total B.O.D. cost = B.O.D. cost per mg.)
2. Treatment cost per milligram of suspended solids
(Total S.S. cost = S.S. cost per mg.)
3. Collection cost per thousand gallons of wastewater
(Total flow cost = Cost per gallon)
4. Administration cost per account
(Total administration cost number of accounts = Administrative cost per account)
The rate formula is equal to the B.O.D. cost/mg + S.S. cost/mg. + flow cost/gallon x the user’s contribution + administrative cost per account.
E. Calculations showing the results of this formula and the rates determined by it are shown in Exhibit A attached.
F. The above formula is used to determine the basic rate for all residential and commercial users. The rate per 1000 gallons will vary due to the B.O.D. and S.S. loading contributed by each user class. The B.O.D. and S.S. values used to calculate the basic rate for each class of user are from a table of average values compiled by the Arizona Department of Environmental Quality.
G. The monthly user fee is determined by multiplying the rate per 1000 gallons as calculated above by the volume of wastewater contributed by each user. When water consumption records are not available for use in calculating user fees, the average water use for the class shall be applied. Large volume users shall be metered through special arrangements with the water company supplying water service or through installation of a special meter by the user.
H. In the absence of metered water data for residential dwellings the District has opted to apply monthly user fees for all residential dwellings. The monthly fee is based on average monthly water consumption of 5575 gallons, including infiltration and inflow, per residential dwelling unit. The monthly user fee is computed by multiplying the rate per one thousand gallons by the gallons used in thousands.
Section 7. OWNER’S RESPONSlBILITY FOR PAYMENT OF SEWER USER FEES
The owner of real property shall be solely responsible to the District for all user fees associated with service provided to property. No lease or other assignment of the owner’s rights or interest in the real property shall change this responsibility of the owner for payment of user fees. As an accommodation to a property owner who rents or leases property, the District will send bills for user fees to the owner in care of another person.
All user fees shall be due and payable fifteen (15) days following billing. User fees will be deemed delinquent if unpaid sixty (60) days after due date, and subject to collection fees as set forth in Exhibit A.
Section 8. TRANSFER OF PROPERTY (revised 09-09-09, Resolution 2009-11)
A. When there is a transfer of property ownership on a connected user, it is the responsibility of the new owner to contact the District and provide the account information as deemed necessary by the District. Transfer of the sewer user account will not be made until transfer of property ownership has been verified with the Navajo County Assessor’s office. There will be a transfer fee applied to the new property owner as set forth in Exhibit A.
B. Use of the service lateral will be granted to the new property owner(s) after verification with the District that all outstanding fees and/or charges associated with the existing service lateral, and/or connection fees, have been paid.
C. For requests for transfer of ownership of property on which the District has any outstanding Covenant, or Promissory Note and Deed of Trust pursuant to Article II, Section 4, where such note and deed of trust are changed in position, extinguished by a trustee sale or otherwise modified, use of the existing service lateral is prohibited until the full amount remaining on any Covenant or Promissory note is paid in full.
Section 9. COLLECTION PROCEDURES AND DISCONNECTS FOR DELINQUENCY
If any user fees, availability fees, transfer fees, or collection fees are unpaid sixty (60) days or more; or if any lateral fees, inspection fees, or other charges are unpaid one hundred eighty (180) days or more after the due date, the District may serve written notice upon the owner, served personally or by mailing to the billing address. If said delinquency is not corrected by payment in full, or by other methods acceptable to the District within fifteen (15) calendar days from the date of the notice, the District may disconnect the private service line of the user from the collection system, or engage in collection proceedings as may be appropriate, including foreclosure or litigation. Any and all costs of collection, including reasonable attorney’s fees, shall be added to the amount due.
The District will report all physical disconnection to the appropriate department(s) of Navajo County.
Section 10. PHYSICAL DISCONNECTION FEE
A. Physical Disconnection Fee – Whenever the District shall have physically disconnected any service line for nonpayment of fees or charges, the property shall not be reconnected to the wastewater system until all delinquent fees are paid in full, together with a physical disconnection fee as set forth in Exhibit A. In addition to the physical disconnection fee, the District may require a deposit to cover future user fees in an amount not to exceed one year’s estimated fees before the property is reconnected. All labor, material and equipment costs incurred to disconnection and reconnect shall be billed to the owner in addition to the physical disconnection fee.
B. A parcel of property, which is physically disconnected from the sewer system by direct or indirect action, contract or order by the District, shall be charged a physical disconnection fee as set forth in Exhibit A of the rules and regulations.
Section 11. ANNEXATION AND DEANNEXATION FEES
A. All annexations of property to the District shall be accomplished in accordance with Arizona Revised Statutes Section 48-262 or Section 48-2002, if noncontiguous, and the established procedures of the District. All property subject to the annexation shall pay annexation fees as set forth in Exhibit A, in addition to any costs directly attributable to the proposed annexation.
B. All de-annexations of property from the District shall be accomplished in accordance with Arizona Revised Statutes Section 48-262. The property owner shall pay any costs directly attributable to the proposed de-annexation.
Section 12. DEVELOPERS’ PLAN REVIEW AND INSPECTION FEES
Before any plans for new main line extensions, or collection systems are approved by the District, the applicant must pay the plan review and inspection fees as set forth in Exhibit A. Separate plan review and inspection fee for each project will be based upon an engineer’s estimate of the cost of construction.
Section 13. AVAILABILITY FEE
Whenever a parcel of property containing improvements, which are required by the rules and regulations of the District to be connected to the wastewater collection system, remains unconnected after the due date for connection, said parcel of property shall be charged a monthly availability fee as set forth in Exhibit A.
Section 14. SUSPENSION OF SERVICE FEE
In that a property owner requests that the District suspend user fees, the property owner shall pay to the District a suspension fee as set for in Exhibit A. The property owner requesting the suspension shall provide the District with adequate evidence from the water company serving the property that the water service has been disconnected or otherwise terminated. If the property is provided water service from a private well, spring, or seep the property owner shall present evidence that the well has been capped, the pump removed or service has been adequately interrupted to insure no water is flowing into the improvements. If the property owner reconnects the water service and fails to notify the District that they are commencing to use their sewer service, the user shall pay a penalty fee in the amount equal to the suspended user fees.