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HomeMy WebLinkAboutRes - 2023.05 - Establishing a Schedule of Rates and Charges for Water and WastewaterEast Valley Water District Resolution 2023.05 Page 1 of 3 RESOLUTION 2023.05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER DISTRICT ESTABLISHING A SCHEDULE OF RATES AND CHARGES RELATED TO THE PROVISION OF WATER AND WASTEWATER SERVICE AND SUPERSEDING RESOLUTION 2021.13 WHEREAS, East Valley Water District (“District”) is a county water district organized and operating pursuant to California Water Code Section 30000 et seq.; and WHEREAS, pursuant to applicable law, including but not limited to Water Code Sections 31007 and 31025, the District’s Board of Directors is authorized to adopt by resolution such rates and charges for incidental services related to the provision of water service and wastewater service by the District to implement the rules and regulations set forth in District Ordinance No. 404 and 403, and to yield an amount sufficient to pay for the services provided to District ratepayers and the regulatory costs incurred by the District in providing those services; and WHEREAS, Ordinances 404 and 403 provide that Rates and Charges, may be changed from time to time or new rates and charges may be established by resolution of the Board of Directors; and WHEREAS, Section 21080(b) (8) of the Public Resources Code provides that the establishment, modification, structuring, restructuring or approval of rates, tolls, fares, or other charges by public agencies are exempt from the requirements of the California Environmental Quality Act (CEQA) provided that certain findings are made specifying the basis for the claim of exemption; and WHEREAS, the District, in accordance with the requirements of Article XIIID of the Constitution of the State of California, has established rates and fees for property related services including water and wastewater treatment; and WHEREAS, the Board of Directors of the District deems it advisable and finds that it would be in the best interest of the District to amend or establish certain fees and charges, consistent with applicable constitutional and statutory requirements; and WHEREAS, Article XIIIC Section 1 of the Constitution of the State of California, excepts certain levies, fees and charges from the definition of “tax” thereby exempting such levies, fees and charges from the procedural requirements established by Article XIIID of the California Constitution; and WHEREAS, the District now wishes to establish fees and charges incidental and related to the provision of services for water and wastewater treatment, but which fees and charges are not for property related services as defined by Article XIIID of the Constitution of the State of California and which fees and charges may be established by resolution of the Board of Directors of the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: Section 1. It is hereby found and determined that the proposed changes to the Schedule of Rates and Charges and Miscellaneous Fee Calculations are within the purposes set forth in Section 21080(b) of the Public Resources Code, and therefore, that such changes are exempt from CEQA. Section 2. It is hereby found and determined that the miscellaneous fees and charges established or increased/decreased hereby do not exceed the estimated reasonable cost of providing the service for which they are imposed and that said fees and charges do not constitute a tax pursuant to Article XIIIC Section l(e) of the California Constitution. Section 3. Additional penalties were added to the revised Schedule of Rates and Charges for Water and Wastewater as set forth in Exhibit "A" to this resolution related to the Pretreatment Program. Section 4. That the provisions of this Resolution shall be effective April 1, 2023, with Pretreatment Fees and Penalties being activated following the date the District assumes pretreatment responsibilities. Section 5. That the Secretary is hereby ordered and directed to post a certified copy of this Resolution in a public place within the District. This Resolution shall take effect as of the 1st day of April 2023. ADOPTED this 22 nd day of March 2023 . ROLL CALL: Ayes: Directors: Carrillo, Coats, Goodrich, Smith Noes: None Absent: Director Morales Abstain: None Board President East Valley Water District Resolution 2023.05 Page 2 of3 ATTEST : Michael Moore Secretary, Board of Directors March 22, 2023 I HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution 2023.05 adopted by the Board of Directors of East Valley Water District at its Regular Meeting held March 22, 2023. Secretary, Board of Directors East Valley Water District Resolution 2023.05 Page 3 of3 EXHIBIT “A ” EAST VALLEY WATER DISTRICT SCHEDULE O F WATER AND WASTEWATER RATES AND CHARGES UPDATED MARCH 22, 2023 i Table of Contents Section 1: Water Service Charges ........................................................ 1 Monthly Water System Charge .......................................................... 1 Commodity Charges: Potable Water .................................................. 1 Private Fire Protection Service .......................................................... 2 1. Commercial Standby Charge ........................................................... 2 2. Fire Hydrant Flow Test Fee (per fire hydrant)........................................ 2 Temporary Water Service Connection ................................................. 3 Monthly Service Charge .................................................................. 3 1. Commodity Charge ...................................................................... 3 2. Meter Deposit ............................................................................. 3 3. Temporary Service Meter Availability Charge (for reading) ........................ 3 4. Unauthorized Use of Water Charge .................................................... 3 New Account Fees for Water Services ................................................. 4 1. Security Deposit .......................................................................... 4 2. Service Initiation Charge ................................................................ 4 Miscellaneous Water Service Charges and Fees .................................... 4 1. AMI Opt-Out Fee ......................................................................... 4 2. Delinquency Charge ..................................................................... 4 3. Disconnection Notice Charge ........................................................... 4 4. Meter Test Charge ....................................................................... 4 5. Returned Payment Fee .................................................................. 4 6. Service Reconnect Charge (after hours) .............................................. 5 7. Service Reconnect Charge (business hours) ......................................... 5 Cross-Connection Control ................................................................. 6 1. Backflow Installation Fee ............................................................... 6 2. Backflow Inspection Fee (per inspection) ............................................. 6 3. Initial Backflow Compliance Test (per device) ....................................... 6 ii 4. Backflow Annual Administration Fee (per device) ................................... 6 5. Annual Backflow Compliance Test (per device) ...................................... 6 Section 2: Wastewater Service Charges ................................................ 8 Monthly Wastewater Charge - Current ............................................... 8 Collection Charges ......................................................................... 8 Treatment Charges ........................................................................ 9 Wastewater Charge - SNRC ............................................................. 11 Section 3: Developer Services ............................................................ 13 Water Capacity and Connection Fees ................................................. 13 Water Capacity Fees ..................................................................... 13 Water Connection Fees ................................................................. 13 Service Installation Benchmark Costs .............................................. 14 Wastewater Connection Fees ........................................................... 15 Fire Service Connection Charges ...................................................... 15 Developer Services’ Charges and Fees ............................................... 16 1. Availability Letter ....................................................................... 16 2. Construction Inspection Charge (per day or actual cost) ......................... 16 3. Development Agreement (per agreement or actual cost) ........................ 16 4. Development and Engineering Research Fee ($95 per hr; 4-hr min) ........... 16 5. Development Meeting Fee ............................................................ 16 6. Easement/Quitclaim Processing (per easement) ................................... 17 7. Fire Hydrant Installation Charge (actual cost or 5% of estimate) ............... 17 8. General Water/Sewer Service Inquiry ............................................... 17 9. New Construction Chlorination and Flushing Fee ($355 min to actual cost) ... 17 10. Sewer Manhole and Valve Can Deposit ............................................. 17 11. Special Facility Charge ................................................................. 17 12. Water Main Extension Charge ........................................................ 18 13. Water Quality Sampling Fee (per sample) .......................................... 18 14. Water/Sewer Plan Checking Fee (per sheet) ....................................... 18 iii 15. Water System Design Charge ........................................................ 18 16. Will Serve Letter ........................................................................ 19 Section 4: Pretreatment Program ........................................................ 20 Penalties for Enforcement Response Plan Discharge Violations .............. 20 Penalties for Enforcement Response Plan Monitoring Violations............. 22 Penalties for Enforcement Response Plan Reporting Violations .............. 23 Penalties for Enforcement Response Plan Permit Violations .................. 24 Penalties for Enforcement Response Plan Miscellaneous Violations ........ 25 History of Revisions .......................................................................... 27 1 Section 1: Water Service Charges Monthly Water System Charge The water system charge is the monthly availability charge applicable to all metered water services, and shall apply whether or not premises served by the meter are occupied. The charges, which vary by meter size, are established at the amounts listed in the table below. 7/1/2016 1/1/2022 1/1/2023 1/1/2024 5/8"23.06$ 24.01$ 24.74$ 25.49$ 3/4"29.27$ 30.85$ 31.78$ 32.74$ 1"41.71$ 44.52$ 45.86$ 47.24$ 1 1/2" 72.81$ 78.69$ 81.06$ 83.50$ 2"110.13$ 119.70$ 123.30$ 127.00$ 3"228.30$ 229.05$ 235.93$ 243.01$ 4"402.44$ 352.07$ 362.64$ 373.52$ 6"819.14$ 693.79$ 714.61$ 736.05$ 8" 1,503.28$ 1,923.98$ 1,981.70$ 2,041.16$ METER SIZE RATE EFFECTIVE DATE Commodity Charges: Potable Water Commodity Charges are billed on a per unit basis for water consumption registered by the water service meter. One unit is 100 cubic feet (HCF) of water, which is equal to 748 gallons. TIERS 1/1/2020 1/1/2022 1/1/2023 1/1/2024 Tier 1 - Indoor Use $ 1.83 $ 1.98 $ 2.04 $ 2.11 Tier 2 - Outdoor Use $ 2.61 $ 2.54 $ 2.62 $ 2.70 Tier 3 - Inefficient Use $ 3.64 $ 3.93 $ 4.05 $ 4.18 RATE EFFECTIVE DATE 2 The District has three price tiers with increasing rates per unit. The number of units a customer is billed in each tier is determined by their unique water budget. See Section 10 of the District’s Water Regulation and Service Ordinance for an explanation of water budgets. Private Fire Protection Service 1. Commercial Standby Charge The fire service standby charge is the monthly charge assessed per inch diameter of the District fire service meter. Water use through this service is limited to emergency fire requirements only. RATE EFFECTIVE DATE 7/1/2016 1"8.78$ 1 1/2"13.18$ 2"17.57$ 3"26.35$ 4"35.14$ 6"52.70$ 8"70.27$ 10"87.84$ METER SIZE 2. Fire Hydrant Flow Test Fee (per fire hydrant) The fire flow test charge is a flat rate established to cover the District’s time and effort for testing parts of the water system to obtain fire flow test data and calculate results as requested. The District will charge a one-time fee of $270 to administer fire flow tests. 3 Temporary Water Service Connection A temporary service is available through the use of a fire hydrant. A customer deposit for the temporary service will be required, and all other applicable service charges shall apply. Monthly Service Charge Refer to the schedule of Monthly Water System Charges for three inch (3”) meters. 1. Commodity Charge Commodity charges for temporary services shall be billed at the Tier 3 rates based on the Potable Water Commodity Rates. When available, and feasible, recycled water shall be used for temporary construction uses. The Commodity Charge shall be as follows: AREA RATE / 100 CUBIC FEET Potable Tier 3 Rate 2. Meter Deposit A deposit equal to the replacement cost of the construction meter shall be collected at the time of service application. Currently, the replacement cost is estimated to be $2,700. The deposit will be applied to the closing bill and any remaining amount refunded to the customer. Lost meters will result in forfeiture of the deposit. 3. Temporary Service Meter Availability Charge (for reading) If a hydrant/construction meter is not available for a monthly reading as prescribed by the District, a fee of $100 will be charged for each month the meter is not read in order to cover the cost of correcting billing records. 4. Unauthorized Use of Water Charge The unauthorized use of water charge shall be charged to any person, organization or agency for each unauthorized use of District water or for tampering in any manner with any meter belonging to the District where this tampering shall affect the accuracy of such meter. The unauthorized use of water charge is hereby established at the rate of $500 for a first occurrence and $1,000 for each subsequent occurrence. 4 New Account Fees for Water Services The following fees are applicable to all requests for new service, or transfer of an existing account to a new location: 1. Security Deposit A deposit of $150 will be required until a one-year payment history, with fewer than two delinquencies, has been established. The deposit insures payment of minimum District charges. 2. Service Initiation Charge The service initiation charge is a non-refundable charge of $35 per account, which covers the reasonable District costs for initiating water service. Miscellaneous Water Service Charges and Fees 1. AMI Opt-Out Fee This fee covers the cost to manually read the meter and will be charged when a customer requests to Opt-Out; that the District not install an Automated Metering Infrastructure (AMI) meter information unit to serve their property. 2. Delinquency Charge Rates and charges which are not paid on or before the due dates shall be subject to interest charges. Interest will be calculated at a rate of one and one-half percent (1 ½%) on all amounts that remain unpaid at the end of each billing cycle. 3. Disconnection Notice Charge The disconnect notice charge is the charge which covers reasonable District costs to notify customers that their water service is subject to impending termination. 4. Meter Test Charge The meter test charge is the charge which covers the District costs for removing, bench testing, and reinstalling the water meter to be tested. 5. Returned Payment Fee A returned payment charge is a charge which covers the reasonable administrative cost and banking charges for processing a returned check, or to respond to a disputed 5 charge where a payment card was fraudulently used to make payment on an account. 6. Service Reconnect Charge (after hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during non-business hours, of service connections which are in violation of the provisions contained herein. 7. Service Reconnect Charge (business hours) The service reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection during regular business hours, of service connections which are in violation of the provisions contained herein. Summary of charges/fees for Miscellaneous Water Service: CHARGE OR FEE NAME CHARGE/FEE AMI Opt-Out Fee $13 (per month) Delinquency Charge 1.5% Disconnection Notice Charge $30 Fire Hydrant Flow Test Fee $270 (per fire hydrant) Meter Deposit $2,700 Meter Test Charge $65 Returned Payment Fee $25 Service Initiation Charge $35 (per account) Service Reconnect Charge (after hours)$150 Service Reconnect Charge (business hours)$50 Temporary Service Meter Availability Charge (for reading)$100 Unauthorized Use of Water Charge $500 (first occurrence) Unauthorized Use of Water Charge $1,000 (each subsequent occurrence) 6 Cross-Connection Control In order to prevent water from flowing backward into the District’s water distribution system, a backflow device must be installed by all commercial/irrigation and multi-family customers with four (4) or more units serviced. All backflow devices must be inspected upon installation and tested annually for compliance. Compliance testing may be performed by a certified backflow tester and results shall be submitted to the District. Installation of new backflow prevention assemblies are typically completed by the owner’s contractor, if staff performs the installation, it will be billed at actual cost. 1. Backflow Installation Fee The charge for installation will be based on actual cost to the customer, and will be billed accordingly. 2. Backflow Inspection Fee (per inspection) A fee of $145 will be charged for each standard backflow inspection of newly installed backflow prevention devices, in accordance with District Standards, and inspected by District staff. 3. Initial Backflow Compliance Test (per device) A fee of $60 will be charged to the customer for the initial backflow compliance test performed by certified District staff. 4. Backflow Annual Administration Fee (per device) The District shall appoint at least one person trained in cross-connection control to administer and ensure all District standards are met. This backflow annual administration fee will be assessed annually. 5. Annual Backflow Compliance Test (per device) A fee of $5 per month will be charged to the customer when the annual backflow compliance test is performed by certified District staff. The customer will only be billed as a $60 lump sum when District standards regarding the inspection, testing, and maintenance of customer-owned backflow assemblies are not followed. See Section 9 of the District’s Water Regulation and Service Ordinance for an explanation of Inspection, Testing and Maintenance. 7 Summary of charges/fees for Cross-Connection Control: CHARGE OR FEE NAME CHARGE / FEE Backflow Installation Fee actual cost Backflow Inspection Fee $145 (per inspection) Initial Backflow Compliance Test $60 (per device) Annual Backflow Administration Fee $15 (per device) Annual Backflow Compliance Test $60 (per device) 8 Section 2: Wastewater Service Charges Monthly Wastewater Charge - Current Collection Charges Collection charges were established to maintain the District's wastewater collection lines. A. Residential Customers (1 – 3 units) The collection charge for residential customers is a monthly fixed charge. CUSTOMER CLASS MONTHLY CHARGE Residential 15.36$ B. Commercial Customers The collection charges for commercial customers include a small fixed charge plus a volumetric charge (water usage). CUSTOMER CLASS MONTHLY FIXED CHARGE Commercial/Multi-Family 3.90$ Volumetric Charge per hundred cubic feet (HCF) of water used: COMMERCIAL CUSTOMER TYPE CHARGE PER HCF Multi-Family (4 or more units, Mobile Home Park)0.55$ Commercial/Retail (Non-Office, Bakery, Market)0.55$ Restaurant/Lounge 0.55$ Laundromat 0.55$ Dry Cleaner 0.55$ School/Church (Daycare, Nursery School)0.55$ Office Building/Motel (without a restroom, Municipality)0.55$ Convalescent Home 0.55$ 9 Treatment Charges The District pays treatment charges established by the City of San Bernardino for the operation and maintenance of their wastewater treatment facilities. Any future increases made by the City over the next five years following the previous public hearing, held on January 25, 2017, may be automatically passed through and incorporated herein by this reference, by action of the District’s Board of Directors to the extent authorized by Government Code Section 53756 and any other applicable provision of law. A. Residential Customers Treatment charges for residential customers are a monthly fixed charge. RATE EFFECTIVE DATE 7/1/2017 Residential 21.55$ Multi-Family (2 Units)43.10$ Multi-Family (3 Units)64.64$ CUSTOMER CLASS B. Commercial Customers Treatment charges for commercial customers include a small fixed plus a volumetric charge (water usage) which varies depending on the nature of the commercial entity. Fixed Charges: 7/1/2017 Multi-Family (4+ Units), Mobile Home Parks 1.97$ Non-Residential Customer Classes 3.52$ CUSTOMER CLASS RATE EFFECTIVE DATE 10 Volumetric Charges (per HCF): 7/1/2017 Multi-Family (4+ Units), Mobile Home Parks 1.53$ Commercial / Retail 2.55$ Restaurants / Lounges 3.28$ Laundromats 1.83$ Dry Cleaners 2.55$ Schools / Churches 1.33$ Governments / Municipal 1.83$ Convalescent Homes 1.63$ Hotels (with Restaurants)3.28$ Offices Buildings / Motels 1.83$ Auto Repair / Service Station 1.58$ Car Wash 1.58$ RATE EFFECTIVE DATECUSTOMER CLASS 11 Wastewater Charge - SNRC The commencement of operations at the District’s new Sterling Natural Resource Center Water Reclamation Plant will require that the District transition from charging rates established by the City of San Bernardino, to rates that were adopted as the result of a wastewater Cost of Service Analysis conducted on District operations and facilities. Wastewater charges consist of both a Collection (System) component and a treatment component, and includes both fixed charges, and charges based on water usage. An explanation of how these charges apply to different customer classes is explained below. A. Residential Customers The collection and treatment charges for residential customers is a monthly fixed charge for each dwelling unit. Accounts with 1-3 dwelling units are classified as single- family residential customers; accounts with 4 or more dwelling units are classified as multi-family residential customers. Collection Treatment Collection Treatment Collection Treatment Single-Family Residential Fixed Monthly Charges 14.25$ 23.37$ 15.25$ 25.01$ 16.32$ 26.77$ Multi-Family Residential Fixed Monthly Charges 13.46$ 20.86$ 14.41$ 22.33$ 15.42$ 23.90$ RATE EFFECTIVE DATE 1/1/2023 1/1/20245/1/2022 12 B. Commercial / Non-Residential Customers The collection and treatment charges for non-residential customers consist of monthly fixed charges, assessed per account, and a volumetric charge assessed for each unit of water (HCF) used for the account during the billing period. The volumetric charge varies based on the strength/concentration factors of the wastewater discharged by commercial customers. Customers are assigned to a strength category based on industry standards. Fixed Monthly Charges: Collection Treatment Collection Treatment Collection Treatment 10.33$ 10.83$ 11.06$ 11.59$ 11.84$ 12.41$ RATE EFFECTIVE DATE 5/1/2022 1/1/2023 1/1/2024 Volumetric Charges per HCF of Water Usage: Collection Treatment Collection Treatment Collection Treatment Low Strength Dischargers 0.35$ 0.96$ 0.38$ 1.03$ 0.41$ 1.11$ Medium Strength Dischargers 0.46$ 1.53$ 0.50$ 1.64$ 0.54$ 1.76$ High Strength Dischargers 0.46$ 3.42$ 0.50$ 3.66$ 0.54$ 3.92$ Patton State Hospital 0.57$ 1.79$ 0.61$ 1.92$ 0.66$ 2.06$ RATE EFFECTIVE DATE 5/1/2022 1/1/2023 1/1/2024 13 Section 3: Developer Services Water Capacity and Connection Fees Water Capacity Fees A “Capacity Charge” is defined within GC 66013 as a charge for public facilities in existence at the time a charge is imposed or charges for new facilities to be constructed in the future that is of benefit to the person or property being charged. Capacity fees ensure new development pays its fair share to connect to the system and does not cause additional burdens to current customers. Capital and infrastructure costs required to meet new demand/connections should be paid by those creating the cost to be incurred. On July 1 of each year Water Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Water Connection Fees The water meter connection charge is the charge for installation and materials between the service angle stop and customer connection side within the meter box. Such regular charge shall be paid in advance by the applicant. Cost varies for the requested meter size and type. Service line connections to the main are separate from this fee and would be an additional non-regular charge. Where there is a non-regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. 14 METER SIZE CAPACITY CHARGE METER CONNECTION CHARGE 3/4" T-10 7,964$ 930$ 3/4" Mach 10 7,964$ 1,035$ 1"13,275$ 1,100$ 1 1/2"26,549$ 1,495$ 2"42,478$ 1,780$ 3"84,956$ 7,515$ 4"132,744$ 10,030$ 6"265,489$ 15,875$ 8"743,369$ 17,360$ 10"1,115,053$ 22,355$ Service Installation Benchmark Costs Installation charges will be estimated by the District based on availability of District staff to complete the work-site specific construction conditions and requirements. The costs in the table shown are benchmarks, or cost references to begin from, for a short or long- side service installation based on requested meter size. Permitting, paving/concrete costs, and non-typical conditions are not included and will need to be assessed per connection, on a case-by-case basis. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. METER SIZE SHORT SIDE LATERAL LONG SIDE LATERAL 3/4" T-10 6,005$ 11,030$ 3/4" Mach - 10 6,110$ 11,135$ 1"6,035$ 11,060$ 1 1/2"6,420$ 11,445$ 2"6,640$ 11,665$ 3"14,765$ 22,690$ 4"17,210$ 25,135$ 6"22,985$ 30,915$ 8"24,470$ 32,395$ 10"29,465$ 37,390$ 15 Wastewater Connection Fees The sewer service connection charge is the charge for the type and size of service connection desired. Such regular charge shall be paid in advance by the applicant. Where there is no such regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. The following charges are hereby established and shall be collected at the time of application for sewer connection: CHARGE OR FEE NAME Permit Charge $ 275 per connection Inspection Charge $ 100 per connection (per visit) Capacity Charge $ 8,329 per EDU or portion thereof CHARGE / FEE On July 1 of each year Wastewater Capacity Charges will automatically increase in proportion to the published 12-month increase measured in September each year in the Construction Cost Index, unless the EVWD Board of Directors determines that such an increase shall not be effective for the next succeeding fiscal year, or if the index does not increase or change. Fire Service Connection Charges The fire service charge is the charge for the type and size of fire service connection desired. Such regular charge shall be paid in advance by the applicant. Where there is no regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection. Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation then an administrative fee of 5% of the estimate will be charged. 16 Developer Services’ Charges and Fees 1. Availability Letter A fee of $155 will be charged for a water or sewer verification letter inquiry. 2. Construction Inspection Charge (per day or actual cost) Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection at the rate of $905 per day. When District personnel are not available, inspection will be performed by third party inspectors retained by the District. The hourly rate for third-party inspectors will be established at the beginning of each third-party inspection assignment. 3. Development Agreement (per agreement or actual cost) A Development Agreement is required whenever a project will include the design and construction of water or sewer facilities which will be dedicated to the District. This $1,375 minimum fee will cover the cost to initiate and execute a Development Agreement with the District. 4. Development and Engineering Research Fee ($95 per hr; 4-hr min) This fee will provide funding for Engineering staff to conduct research of existing accounts, easements, and other development related materials. This would only apply to obtaining information for Developers that is unique to their development area and not general information, such as fee schedules or District design standards. Utility Requests and providing of As-builts or other locating documentation is not included in this fee. This fee also encompasses the District’s time and effort spent on assisting customers who have a requirement to construct water or sewer facilities, which must meet District needs and conform to District standards. 5. Development Meeting Fee (per meeting, after first meeting) This $475 per meeting fee will provide funding for Engineering staff to prepare for and attend, meetings with developers regarding their projects beyond the initial project consultation meeting and set-up. This fee will primarily impact larger, more complex developments which may require multiple coordination meetings with staff. 17 6. Easement/Quitclaim Processing (per easement) A minimum fee of $975 will be charged for review and recordation of each Easement or Quitclaim document. If complexity of the legal document requires more time, legal counsel, or land surveyor counsel, actual costs beyond the minimum will be collected. 7. Fire Hydrant Installation Charge (actual cost or 5% of estimate) Installation charges will be estimated by the District based on availability of District staff to complete the work and site-specific construction conditions and requirements. If the applicant elects not to have District staff complete the installation, an administrative fee of 5% of the estimate will be charged. 8. General Water/Sewer Service Inquiry A fee of $75 will be charged for a Technician’s time for general inquiries for service to a parcel. This inquiry usually arises from realtors and small developers. 9. New Construction Chlorination and Flushing Fee ($355 min to actual cost) A minimum fee of $355 will be charged for new construction disinfection plan review, inspection, and flushing prior to sampling. 10. Sewer Manhole and Valve Can Deposit A refundable deposit of $1,500 per manhole will be charged for each sewer manhole structure shown on the sewer construction plans. A refundable deposit of $500 per valve can will be charged for each valve can shown on the water construction plans. These deposits will be returned when all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. As an alternative to the manhole and valve can deposit, a guarantee bond may be provided in the same amount as the deposit. The guarantee bond shall contain covenants that are satisfactory to the District. Such bond shall remain in force until all manholes and valve cans are constructed to final grade by the Developer’s contractor and verified by the District. 11. Special Facility Charge A special facility charge shall be required for development of limited service whenever special facilities, including pressure regulators are required. The charge to be made to a developer or owner of land that is considered by the District to be within a limited service area shall be based upon the Developer’s or Landowner’s proportionate share 18 of the cost for the installation of such Special Facility. Such proportionate share to be borne by the developer or landowner shall be based on the percentage of such development to the entire limited service area to be served by the Special Facilities; and the same number of acres or area under normal conditions and the cost of facilities to serve the acreage of area under special conditions at a higher cost. 12. Water Main Extension Charge The water main extension charge is for the construction of a water main extending to the far side of the property to be served. This charge shall be based on the prevailing rates of time and material per District approved plans. The customer shall be responsible to provide the plans and for all applicable Water/Sewer Plan Checking charges described below. 13. Water Quality Sampling Fee (per sample) A fee of $135 will be charged for each water quality sample taken for new construction. 14. Water/Sewer Plan Checking Fee (per sheet) This $800 fee is collected per sheet and is a minimum that will cover up to three in- house plan checks. When District personnel are not available, plan checking will be performed by third-party Engineers retained by the District. The hourly rate and estimate for three plan checks for third-party plan checkers will be established at the beginning of each third-party plan checking assignment. The minimum fee per sheet established can be collected initially to begin plan checking and the Developer will deposit the difference to cover the third-party’s plan check cost to the District. Should more than three plan checks be required, additional funds may be deposited to bill against, and hours will be billed at the Engineering Research Fee or the cost of the third-party Engineer. Plan checking costs shall be paid before plans are returned. 15. Water System Design Charge A water system design charge shall be required for all main extensions, service connections and/or special facilities requiring the preparation of engineering plans and drawings. The water system design charge is hereby established as the fee charged by an Engineering firm of the District’s choosing, plus an additional 10% thereof for the District’s administrative costs. In the event the costs exceed the fees charged, the additional cost will be billed to the customer. 19 16. Will Serve Letter Once a Developer has compiled or met all the items needed to make the request for a Will Serve Letter, per the Development Guidelines and Procedures Handbook, they may request and pay a minimum fee of $575 to review and evaluate the infrastructure needs for a proposed project within the District’s service area. Should additional time be required for reviewing the project information and to prepare the document, the hourly rate established for the Engineering Research Fee shall be assessed in addition to the minimum fee . Summary of charges/fees for Developer Services: CHARGE OR FEE NAME CHARGE / FEE Availability Letter $155 Construction Inspection Charge $905 (per day) or actual cost Development Agreement $1,375 (per agreement; min to actual cost) Development and Engineering Research Fee $95 (flat rate, per 4-hr min) Development Meeting Fee $475 (per meeting, after first meeting) Easement/Quitclaim Processing $975 (per easement) Fire Hydrant Installation Charge actual cost or 5% of estimate General Water/Sewer Service Inquiry Fee $75 New Construction Chlorination and Flushing Fee $355 (min to actual cost) Sewer Manhole and Valve Can Deposit $1,500 (per manhole); $500 (per valve can) Special Facility Charge Based on proportionate share of Developer or Landowner share of the installation of Special Facility Water Main Extension Charge Based on prevailing rates of time and material per District approved plans Water Quality Sampling Fee $135 (per sample) Water/Sewer Plan Checking Fee $800 (per sheet; 3 plan checks) Water System Design Charge actual cost + 10% for administrative costs Will Serve Letter $575 (min fee) 20 Section 4: Pretreatment Program The District performed permit related activities will include permit processing, inspections and monitoring. The following fees are anticipated to cover the annual costs for each class of dischargers for the Pretreatment Program. Class* Annual Fee I User $2,000 II User $1,000 III User $150 IV User $500 V User $200 VI User $150 *Descriptions of each user type are defined in the East Valley Water District Sewer Regulations and Service Charge Ordinance, definitions section. Penalties for Enforcement Response Plan Discharge Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty First Discharge Violation in a 12-month Period - No harm to POTW None Second Discharge Violation in a 12-month Period - No harm to POTW $100 NMP Violation(s) —Does not result in Acute Non- Compliance $100 NMP Violation(s) – Acute Non-Compliance $100, $100, $500, $1000, each subsequent violation 21 Any discharge violation(s) that result in Quarterly SNC status $100, $100, $500, each subsequent violation Any discharge violation(s) that result in pass-through, sludge contamination, or interference $1,000 or as determined by District review Dilution of Wastestream — First offense None Dilution of Wastestream — Repeat offense(s) $100 Continuous pH Monitoring indicates noncompliance $100 Septic Waste Discharged at non-authorized site or in noncompliance with limitations at the POTW — First Offense $100 Septic Waste Discharged at non-authorized site or in noncompliance with limitations at the POTW — Repeat Offense(s) $100, $1,000 or as determined by the District Discharge of any prohibited Waste — First Offense $100 Discharge of any prohibited waste — Repeat Offense(s) $100, $100, $1000 or as determined by the District 22 Penalties for Enforcement Response Plan Monitoring Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to sample or resample within required timeframes — Doesn’t result in Acute Non-Compliance None Failure to sample or resample within required timeframes — Results in Acute Non-Compliance $100 Improper Sample Location — First offense None Improper Sample Location — Repeat offense(s) $100, $500 for subsequent violations Improper sample collection or analytical methods — First offense None Improper sample collection or analytical methods — Repeat offense(s) $100, $500 for subsequent violations Failure to monitor for all required pollutants — First offense None Failure to monitor for all required pollutants — Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to properly maintain or operate Flow monitoring or pretreatment equipment — First offense. None Failure to properly maintain or operate Flow monitoring or pretreatment equipment— Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to install required monitoring or flow equipment — First offense. $100 Failure to install required monitoring or flow equipment — Repeat offense(s) $100/day 23 Penalties for Enforcement Response Plan Reporting Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to maintain records or reports as required by permit — First offense None Failure to maintain records or reports as required by permit — Repeat offense(s) $100 Failure to submit records, reports, or correspondence — less than 5 days late None Failure to submit records, reports, or correspondence — between 5 and 45 days late. $100 Failure to submit records, reports, or correspondence — Over 45 days late – Significant Non-Compliance $100, $500, $1000 for subsequent violations Failure to report SMR Discharge violation — First offense None Failure to report SMR Discharge violation — Repeat offense(s) $100 Failure to report Slug Load or spill discharge violation — First offense & no harm None Failure to report Slug Load or spill discharge violation — Repeat offense(s) — No harm $100 Failure to report Slug Load or spill discharge violation – Harm $250, $500, $1000 and $1500 for subsequent violations Failure to submit additional monitoring — First offense None Failure to submit additional monitoringRepeat offense(s) $100 24 Penalties for Enforcement Response Plan Permit Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Failure to submit permit application or renewal by due date None Failure to submit permit application renewal before current permit expires $100 Failure to submit permit application that results in a permit reclassification $100 Failure to comply with any permit condition of requirement — First offense $100 Failure to comply with any permit condition or requirement — Repeat offense(s) $100, $500, $1000 for subsequent violations Unauthorized or Unpermitted Discharge — first offense — No harm to POTW None Unauthorized or Unpermitted Discharge — Repeat offense(s) — No harm to POTW $100 Unauthorized or Unpermitted Discharge — First offense — Harm to the POTW $100, $500, $1000 depending of severity Unauthorized or Unpermitted Discharge — Repeat offense(s) — Harm to the POTW $100, $500, $1000 or as determined by District review Failure to submit required permit information or any process modification — First offense None Failure to submit required permit information or any process modification — Repeat offense(s) $100 25 Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — First offense $100 Failure to implement any plan required by the permit (i.e. slug load, spill prevention, TOMP, etc.) — Repeat offense(s) $100, $500, $1000 for subsequent violations Penalties for Enforcement Response Plan Miscellaneous Violations The District may assess a penalty against a person or entity in compliance with the requirements of ordinances, and enforcement response plan guidelines. Violation & Circumstances Penalty Denial of entry to perform monitoring or inspections — first offense None Denial of entry to perform monitoring or inspections — Repeat offense(s) $100, $500, $1000 for subsequent violations Spill containment not present or inadequate — First offense None Spill containment not present or inadequate — Repeat offense(s) $100 Spill containment area not properly maintained — First offense None Spill containment area not properly maintained — Repeat offense(s) $100, $500, $1000 for subsequent violations Illegal water softening equipment installed — First offense None 26 Illegal water softening equipment installed — Repeat offense(s) $100, $500, $1000 for subsequent violations Failure to implement Best Management Practices (BMPs) — First offense None Failure to implement Best Management Practices (BMPs) — Repeat offense(s) $100, $500, $1000 for subsequent violations 27 History of Revisions DATE ADOPTED RESOLUTION UPDATED OR RESCINDED REVISION DATE EFFECTIVE 03/22/23 2023.05 2021.13 Addition of Pretreatment Program Penalties 04/01/23 Pass-Through N/A N/A Update Capacity Fees (per Cost Construction Index)07/01/22 08/11/21 2021.13 2021.07 Update AMI Opt-Out Fee 09/01/21 Pass-Through N/A N/A Update Capacity Fees (per Cost Construction Index)07/01/21 05/12/21 2021.08 2019.19 Update Water and Wastewater Charges 01/01/22 05/12/21 2021.07 2019.19 Update Miscellaneous and Development Fees 06/01/21 Pass-Through N/A N/A Update Capacity Fees (per Cost Construction Index)07/01/20 12/11/19 2019.19 2019.06 Update Miscellaneous and Capacity Fees 01/01/20 05/22/19 2019.06 2017.07 Update Water Charges 01/01/20 07/11/18 2018.12 2017.01 Update Wastewater Charges 08/12/18 05/24/17 2017.07 2017.01 Update Water Charges 07/01/17 01/25/17 2017.01 2016.05 Update Wastewater Treatment Charges and Renew 5-Year Pass-Through Provision 07/01/17 02/24/16 2016.05 2015.04 Update Wastewater Charges and Miscellaneous Fees 04/01/16 03/25/15 2015.04 2014.32 Implement Water Budget Based Rates 06/01/15 03/25/15 2015.04 Ord 391 Update Wastewater Charges 06/01/15