SECTION 12 (OF THE RATE RESOLUTION) - USER FEES
The monthly user fees for wastewater service supplied within the boundaries of the Snyderville Basin Water Reclamation District shall be adopted by fee resolution of the Board of Trustees from time to time and shall be assessed and charged as follows:
- All users shall be billed based on water usage and may be charged additional fees based on the quality of wastewater contributed to the system under the provisions of Section 15 below. In order to avoid inclusion of water used for outside irrigation in the computation and because the treatment facilities are sized for peak months, the monthly fee for these connections shall be based on winter water usage. Winter water usage is defined as the average monthly water usage for the period of November through April of each year. Water usage shall be based on the average water meter readings for each of those months. If November through April water usage information is not available or does not accurately estimate the impact of the user on the District system, the District will use the best available information from water use information from the peak use period of the system user. The average shall be used to determine the fee for the next 12-month period beginning July 1 and ending June 30. Initial residential user billings shall be based the average residential winter water usage shown on the July billing summary for each year. Initial commercial user fee billings shall be based upon one residential equivalent, being equal to 320 gallons per day (9600 gallons per month) and shall not be adjusted unless reviewed on a case-by-case basis.
Commercial/industrial connections that have seasonal discharges, have zero or small discharges during the winter months, or other period of time accurately measuring the impact of the user on the District system, and connections that have been issued a Pretreatment Permit shall not be billed solely on their winter water average. These connections shall be billed on an equitable basis, determined on a case-by-case basis and as approved by the District. Modifications may also be made for water used in industrial processes or as a result of evaporation when sufficient documentation is provided to SBWRD. The Residential Equivalents (REs) shall be determined as described in Section 12.
The monthly user fee shall be computed by multiplying the number of residential units or the residential equivalents, whichever is greater, times a service charge and a volume rate according to a schedule of rates and charges adopted by resolution of the Board of Trustees from time to time as provided by law.
- Single family residences that meet the requirements of Summit County's Property Tax Abatement Program shall be charged one-third the residential rate per month per residence.
- Seasonal Discharge - Seasonal discharges shall be charged on an equitable basis, determined on a case-by-case basis and as approved by the District. Seasonal discharges are defined as connections at which the wastewater discharged for 3 months of the year exceeds the yearly average by 25 percent or more. Seasonal discharges create a demand on the capacity of the treatment plant and collection system during specific months which must be available year round to provide service to those seasonal demands. The billing year shall be from July 1 to June 30. The analysis and fee determination for all seasonal dischargers shall be approved by the District.
- User fees shall be charged beginning with the earlier of the following dates: (a) request for “Authorization to Use” form, or (b) when the District becomes aware the unit or structure is occupied.
- Requests for adjustments to user fees shall be reviewed by the District upon request by the user. The user has the burden of providing evidence of inequities in the rates established by the Board of Trustees. Satisfactory evidence demonstrating that actual usage varies from billed usage by a greater amount than the accuracy of the water meter is required to be considered by the Board of Trustees. Metering of collection system lines by the user shall be considered satisfactory evidence for a request for an adjustment to a user fee for the period the meter is installed. Adjustments to user accounts under billed or over billed shall be adjusted retroactively for up to one (1) year. User fee accounts shall be credited or fees refunded for periods, when evidence is provided, that the water meter has been disconnected. When a property owner fails to notify the District that a water meter has been reconnected, after disconnection for construction, seasonal use, etc., adjustments to the user fee shall be made retroactive to when the meter was activated. For residential units without an individual water meter, evidence of disconnection of other utility meters, such as power or natural gas, may be submitted as the basis for a request for a credit or refund of user fees. Other requests shall be reviewed on a request-by-request basis by the District.
- It is the responsibility of the property owner of record to notify the District of address or ownership changes. The owner of leased property connected to the wastewater system may request the user bill be mailed to another party by signing a "Property Owner Authorization Form," which is hereby adopted as part of this Resolution. This request does not release the owner of the property from the responsibility for payment of wastewater services fees.
- If any of the rates adopted by the Board for service rendered creates an inequity, an equitable rate shall be determined by the Board of Trustees on a case-by-case basis. It is the user's responsibility to make this request.
- The District will review the overall user charge system on an annual basis to assure reasonableness of the user fees, and will revise the system when necessary in its sole discretion to assure that sufficient funds will be collected from the system to cover the annual operation and maintenance costs of the Snyderville Basin Water Reclamation District wastewater works.
- User fees shall first fund the annual operation and maintenance, replacement, and repair of the District's existing facilities. After all such requirements are met; User fees shall fund the portion of annual debt requirement allocated to "existing" users.
SECTION 15 - PAYMENT AND COLLECTION
The following rules shall apply to the payment and collection of fees and charges:
- The fees adopted by the Board of Trustees shall be credited and debited on a first received-first expended accounting basis.
- The wastewater services charges shall be billed on a monthly basis. When service to any premises begins on other than the first day of the quarter, charges shall be prorated for the actual number of days the premise receives service. All charges shall be due on the date set forth on the statement.
- Changes to the user account billing address shall be made only after the Snyderville Basin Water Reclamation District receives a signed Property Owner Authorization Form to bill a party other than the property owner. The property owner shall remain jointly and severally liable for all charges.
- In the event that any such bill is not paid by the date it is due, such bills shall be deemed delinquent and an interest charge of 1.5 percent of the delinquent balance shall be added to all delinquent amounts each month.
- If a check is returned for nonpayment, SBWRD will redeposit the check. If the check is still unpaid, the issuer will be charged a processing fee in an amount determined by resolution of the Board of Trustees from time to time and will be subject to all other delinquent policies of this Resolution, including review of project approval. Reasonable costs associated with collecting delinquencies, including service charges, bad check fees, and attorney fees and costs, may be added to and collected with wastewater service charges.
- By approximately January 31 and June 30, the Board of Trustees of the Snyderville Basin Water Reclamation District shall certify to the Treasurer or Assessor of the County in which the property is located, all delinquent charges for service, including user fees, impact fees, engineering fees, and all other fees authorized by the Board of Trustees, together with applicable penalties, interest, and legal or administrative fees and costs, which shall immediately upon such certification become a lien on the delinquent property on a parity with and collectible at the same time and in the same manner as provided by law.
- Unpaid and delinquent charges for wastewater services, certified by the Board of Trustees to the Treasurer or Assessor of the County in which the property is located, shall include interest at the rate established above, a penalty in an amount determined by resolution of the Board of Trustees per account or individual living unit, plus the delinquent charges as described in the District's "Delinquent Wastewater Services Account Procedures," hereby adopted as part of this Resolution.
SECTION 16 - DISPUTED BILLINGS
Disputed billings shall be reviewed by the District on a case-by-case basis and adjustments made, if necessary, after receipt of a written request for such review. The District shall not consider requests to review billings more than 1 year old.
This Resolution shall be effective January 1, 2010.