17.04.010 Rates for designated premises

17.04.010 Rates for designated premises.

1. Every person, firm, corporation or entity owning or occupying premises as: a single-family residence as defined by East Bay Municipal Utility District's (EBMUD) Business Classification Code 8800, Private Residence; a multiple-family residence with two dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 2, Duplex, Residence with two dwelling units on one meter; a multiple-family residence with three dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 3, Triplex, Residence with three dwelling units on one meter; a multiple-family residence with four dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 4, with four dwelling units on one meter; or a multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units on one meter; shall pay a sewer service charge based on each hundred cubic feet of water use per water account as established by City Council Resolution.

2. In addition, for single family residence as defined by EBMUD's Business Classification Code 8800, Private Residence, multiple-family residence with two dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 2, Duplex, multiple-family residence with three dwelling units as defined by EBMUD's Business Classification Code 6514, Rate Code 3, Triplex, and multiple-family residence as defined by EBMUD's Business Classification Code 6514, Rate Code 4, Quad-plex, shall pay a sewer service charge based on each hundred cubic feet of water use per water account up to a maximum sewer billing amount per billing period as established by City Council Resolution. The maximum sewer billing amount shall be implemented by EBMUD. Billing periods longer than bi-monthly shall be in multiples of the monthly maximum sewer billing amount based on the number of months within the billing period and portions of a month within the billing period shall be treated as a full month when applying the maximum sewer billing amount.

3. In addition, for multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units, shall pay a sewer service charge based on each hundred cubic feet of water use per water account up to a maximum sewer billing amount per dwelling unit per billing period per water account as established by City Council Resolution. The maximum sewer billing amount for multiple-family residence with five or more dwelling units as defined by EBMUD's Business Classification Code 6513, Residence with five or more dwelling units shall be implemented by the Finance Department by refunding overpayments when timely claims for refund are made, pursuant to Berkeley Municipal Code, Chapter 7.20.

4. In accordance with federal and state conditions, the City may elect to rebate some or all sewer service charges paid by low income property owners with respect to their residence. The City Council shall enact a resolution to establish regulations, which reasonably determine eligibility for and which implement the rebate procedure.

B. Non-residential Premises. Except as otherwise provided in this ordinance, every person, firm, corporation or entity, including the City of Berkeley, having possession or control of premises not served by water accounts classified as residential Business Classification Codes (BCC) 8800, 6514, or 6513 shall pay sewer service charges based on each hundred cubic feet of water used by each water account serving the premises as established by City Council Resolution for the following discharge factor categories. The discharge factors are determined as a ratio of average winter water use to average annual yearly water use.

1. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.60" category.

0100	Agricultural Production - Crops

2. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.70" category.

2040	Grain Mill Products Mfg.
2080	Beverage Manufacturing
2900	Petroleum Refining & Related
3000	Rubber & Misc. Plastic Products
7990	Misc. Amusement & Recreation

3. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.80" category.

3730	Ship & Boat Building & Repair
5540	Gasoline Service Stations
7539	Auto Repair, not classified
7542	Car Wash/Auto Laundry

4. Non-residential EBMUD accounts with the following Business Classification Codes shall be classified in the "Discharge factor of 0.90" category.

1500	Building Construction
2820	Plastic & Synthetic Materials
5811	Eating and Drinking Places
6800	Offices
7215	Coin-Operated Laundries
7260	Funeral Service & Crematories
7500	Auto Repair, Services, Parking
7600	Misc. Repair Services
7900	Amusement & Recreation
7940	Commercial Sports
8200	Educational Services
8600	Membership Organizations

5. All non-residential EBMUD accounts with Business Classification Codes not listed in paragraphs 1 through 4 above shall be classified in the "All Other Customer Usage - Discharge factor of 1.0."

C. Public Agency Premises. Public agencies as defined in Government Code Section 54999.1(c) shall pay a sewer service charge based on each hundred cubic feet of water use per each residential or non-residential water account as defined in subsections A and B above at the rates established by City Council Resolution in accordance with Government Code Section 54999.3; provided that the City Council may also by resolution permit alternative methods for payment of sewer service charges or other compensation in lieu thereof.

D. Irrigation only (BCC 7950), fire service, and other water services accounts not connected to the City's sanitary sewer system (BCC Rate Code 7) accounts are exempt from charges under this chapter.

E. Sewer service charges for Residential and Non-residential Premises shall be paid on the customer's monthly or bimonthly EBMUD billing statement and shall become delinquent if not paid at the time the billing statement amounts are due as established by EBMUD. Accounts determined as not creditworthy by EBMUD shall be required to make a deposit of twice the estimated average periodic bill as security. In the event of nonpayment of all or a portion of the bill the deposit shall be applied to the final bill issued when service is terminated. (Ord. 6850-NS § 1 (part), 2005: Ord. 6692-NS § 1, 2002: Ord. 6443-NS § 1, 1998: Ord. 6368-NS § 1 (part), 1997: Ord. 6294-NS § 1, 1995: Ord. 6257-NS § 2 (part), 1994)