bpwrandr

BOARD OF PUBLIC WORKS
RULES AND REGULATIONS FOR
ADMINISTRATION OF THE SEWER SERVICE CHARGE
Adopted June 27, 1997

	BOS Services
	FMD
	LAMC 64.41

	TABLE OF CONTENTS	Page
SEC. 1	Purpose	1 (NA)
SEC. 2	Definitions	1 (NA)
SEC. 3	Delegation to Director	3 (NA)
SEC. 4	Residential Sewage Determination	4 (NA)
SEC. 5	Exemptions	6 (NA)
SEC. 6	Adjustments A. Adjustments for Residential Users B. Adjustments for Commercial/Multiple Dwelling/ Industrial/Governmental Users	7 (NA) 7 (NA) 9 (NA)
SEC. 7	Direct Measurement/Calculation of Sewage Volume	13 (NA)
SEC. 8	Water Supplied From Outside Sources	14 (NA)
SEC. 9	Appeals	14 (NA)

BOARD OF PUBLIC WORKS
RULES AND REGULATIONS FOR
ADMINISTRATION OF THE SEWER SERVICE CHARGE
Adopted June 27, 1997

SECTION. 1 Purpose

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These rules and regulations, adopted by the Board of Public Works of the City of Los Angeles are supplementary to Article 4.1 of Chapter VI of the Los Angeles Municipal Code (LAMC) establishing a Sewer Service Charge (SSC) to the users of the City of Los Angeles sewage system. They supersede the rules and regulations adopted June 26, 1985.

SEC. 2 Definitions

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The following terms are defined for purposes of these rules and regulations. Undefined terms shall be interpreted consistently with Article 4.1 of Chapter VI of the LAMC.

A. "Adjustment" - A determination that the volumetric amount of sewage which enters the sewer system from a premises is based on sewage volume other than that prescribed by Section 64.41.03(g) of the LAMC.

B. "billing Period" - A period used by DWP to accumulate water consumption data for invoicing purposes. Such periods are "monthly" or "bimonthly."

C. "Board" - The Board of Public Works of the City of Los Angeles.

D. "Commercial" - The use of the sewer system which is in any manner related to the operation of any premises for the purposes of business, trade, commerce, or as a church or public meeting place, and not otherwise included in the definitions of "Industrial," "Multiple Dwelling," or "Residential" in this section.

E. "Director" - The Director of the Bureau of Sanitation of the Department of Public Works of the City of Los Angeles or the duly authorized representative thereof.

F. "Dry Winter Compensation Factor" - A factor of 1.0 or less, determined annually by the Board, which is multiplied by the Winter Water Use of a premises to compensate for a Rainy Season with insufficient rainfall to obviate irrigation of outdoor planting.

G. "DWP" - The Department of Water and Power of the City of Los Angeles.

H. "Exemption" - A determination that a premises does not discharge into the City's sewer system.

I. "Fiscal Year" - The twelve month period beginning the 1st day of July of a calendar year and ending the 30th day of June of the subsequent calendar year.

J. "Governmental" - A municipal corporation, city and county, county, state, federal, governmental, political or quasi-public unit, body, agency or entity.

K. "hcf" - A measurement unit of volume equal to 100 cubic feet.

L. "Industrial" - The use of the sewer system which is in any manner related to manufacturing or processing activities.

M. "Multiple Dwelling" - The use of the sewer system which is in any manner related to the ownership, operation, or maintenance of an apartment house, condominium, stock cooperative, or community apartment project; provided however, the application of this term is limited to a structure or structures consisting of five (5) or more dwelling units served by a single water meter, but shall not apply to the ownership, operation, or maintenance of mobile home parks as defined in Section 12.03 of the LAMC.

N. "Premises" - One or more contiguous parcels of real property under one ownership, except as provided by Section 64.41.01(q) of the LAMC.

O. "Rainy Season" - A period of consecutive days, determined annually by the Board to be most representative of a period within each fiscal year, during which the need for irrigation of outdoor planting is minimized.

P. "Rainy Season Billing Period" - Determined annually by the Board individually for each premises, that bimonthly billing period or those two consecutive monthly billing periods, occurring wholly within the Rainy Season Review Period of a fiscal year, having the lowest average daily amount of water supplied to the premises.

Q. "Rainy Season Review Period" - A period of consecutive days completely containing the Rainy Season of a fiscal year, determined annually by the Board to be sufficiently large to determine a Rainy Season Billing Period for each premises.

R. "Residential" - The use of the sewer system which is primarily related to domestic sewage production from a premises consisting of a residential dwelling or dwellings and not included in the definition of "Multiple Dwelling" in this section.

S. "Sewage" - The spent water of the community received by the sewer system. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any ground water, surface water, and storm water that may be present.2

T. "Sewer System" - Collectively all of the property involved in the operation of the sewage collection, treatment, and disposal system of the City of Los Angeles, including land, sewers and appurtenances, pumping stations, treatment works, and equipment.

U. "Substantially Less" - Eighty percent (80%) or less. For commercial, multi dwelling, governmental, and industrial sewage discharges, "substantially less than 90% of water supplied," therefore, means 72% or less of water supplied to a premises.

V. "User" - An owner or occupant of a premises in the City of Los Angeles from which sewage is discharged into the sewer system. The "user" is identified as the person or entity in whose name or names the water meter or meters serving a premises is listed upon the records of DWP, or, in the absence of such listing, as may be determined by the Board.

W. "Water Consumption" - The volume of water supplied to a premises over a specified period as measured by a City water meter.

X. "Winter Water Use" - The average daily amount of water supplied to a premises during the Rainy Season Billing Period.

SEC. 3 Delegation to Director

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The Director of the Bureau of Sanitation is delegated the responsibility for processing applications for adjustments and exemptions, and processing appeals to the Board in accordance with these provisions and making other determinations as provided herein.

SEC. 4 Residential Sewage Determination

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Each residential user's sewage volume shall be determined according to the following procedure, except as provided in Sections 6 and 7:

A. Annually, in the last quarter of each fiscal year, the Director shall make the following determinations and recommend their adoption to the Board:

1. Rainy Season: Using precipitation data and Citywide water consumption records the Director deems pertinent, the Director shall determine the Rainy Season as a period of consecutive days during which a substantial portion of annual precipitation occurred in the City measured at the Downtown Civic Center. "Substantial portion" will normally mean 75% to 90% of precipitation occurring in a fiscal year, depending on the precipitation patterns of each particular year.

2. Rainy Season Review Period: The Director shall determine the Rainy Season Review Period by adding 27 days to each end of the Rainy Season. If the resulting period is less than 135 days, it shall be extended at each end by an equal number of days so that the Rainy Season Review Period is at least 135 days.

3. Dry Winter Compensation Factor: Based on past and present precipitation, water consumption, sewage flows, and any other data the Director deems pertinent, the Director shall determine if a Dry Winter Compensation Factor less than 1.0 is warranted and, if so, the value of such factor.

B. Upon adoption by the Board of the above items, the Director shall request DWP to compute the sewage volume applicable to computing the SSC for each residential user receiving water from DWP for the upcoming fiscal year using the following procedure. The Director shall make similar computations for residential users receiving water from sources other than DWP.

1. Rainy Season Billing Period: A Rainy Season Billing Period shall be determined for each residential premises having at least one bimonthly billing period or two consecutive monthly billing periods that is(are) completely contained in the above determined Rainy Season Review Period for the current user of the premises. The Rainy Season Billing Period shall then be the bimonthly billing period or the sum of the two consecutive monthly billing periods, occurring wholly within the Rainy Season Review Period, having the lowest average daily amount of water supplied to the premises.

2. Winter Water Use:

a. Sufficient data exists to calculate a user's Winter Water Use at a premises during the Rainy season Review Period, and all billing periods completely contained in the Rainy Season Review Period for the current user of the premises are associated with the supplied water data. In such a case, the Winter Water Use of the user to be billed shall be the average (mean) daily amount of water supplied to the premises during the Rainy Season Billing Period.

b. If a user does not have any billing period that is completely within the Rainy Season Review Period, in such a case, the Winter Water Use of the user to be billed shall be the Citywide median daily amount of water supplied to the residential category during the Rainy Season Billing Period.

c. The Director may calculate a user's Winter Water Use by other means if the Director determines a more reasonable estimate of the user's Winter water Use would result.

3. The volume of sewage for residential users for each day billed shall be the greater of the following: 4

a. The Winter Water Use determined in 2. above, multiplied by the Dry Winter Compensation Factor;

b. 4 hcf divided by 60 days.

C. Where a user believes that the Sewer Service Charge calculation was performed erroneously or not in conformance with these rules and regulations, the user may submit in writing, reasoning, together with a copy of the user's most recent water bill and any additional substantiating data, to the Director. The Director shall review the data submitted, verify the calculation, and make a determination within thirty (30) days of filing whenever reasonably possible. The applicant shall be immediately notified in writing of the determination. In the event additional data are required, the Director shall act within thirty (30) days after receipt of such data whenever reasonably possible.

D. Where the Director finds that a Sewer Service Charge calculation for a user was performed erroneously or not in conformance with these rules and regulations, the Director shall arrange with DWP to enter the corrected result into the billing system and to provide credit/refund for any overcharge.

SEC. 5 Exemptions

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A. The following situations shall warrant the granting of an exemption:

1. No portion of the water supplied or delivered from whatever source to the premises of the user either enters or is collected into any sewer; or

2. All of the following conditions exist:

a. The premises is located within a County Sanitation District (CSD) in the City.

b. The premises pays CSD taxes and/or a CSD volumetric sewer service charge.

c. The premises is connected directly to a CSD sewer.

B. Any person may apply in writing to the Director requesting a sewer service charge exemption. The exemption application must be accompanied by a copy of the user's most recent water bill. The Director shall verify the applicant's eligibility by:

1. For requests based on Subsection A., 1., above:

a. A record search that indicates no sewer is available; or,

b. Conducting a dye test by injecting dye into the plumbing fixtures and observing whether or not the dye enters a sewer.

2. For requests based on Subsection A., 2., above:
a. A record search indicating that the premises is not connected to a City sewer; and

b. Inspection of a property tax bill or other official document indicating that the premises is paying CSD taxes and fees.

C. If the record search indicates that a sewer connection exists, the applicant may apply for a permit to conduct a dye test, at the applicant's cost, to verify the claim.

D. The Director will process each application and make a determination within 30 days after filing, whenever reasonably possible.

E. Upon determination that a premises is exempt, the Director shall so notify DWP or the City Clerk and take appropriate action to refund all charges paid prior to the claim in accordance with Government Code 53082.

F. Appeal of the Director's determination may be made in accordance with LAMC Section 64.41.07 and these rules and regulations.

G. Certain premises within the City, and not in a County Sanitation District (CSD), are connected to a sewer owned by another agency with which there is a sewage disposal agreement. These premises are not exempt because the City compensates the other agency to accept this sewage under terms of the agreement.

H. Whenever conditions related to a premises change, so that an exemption is no longer warranted, the Director shall cancel the exemption and so notify DWP or the City Clerk, whichever is applicable.

SEC. 6 Adjustments

A. Adjustments for residential users.

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1. Application and determination procedure. Residential info needed
a. An adjustment determination will only be made upon submittal of an application for adjustment by a billed user.

b. Applications must be in writing, accompanied by a copy of the user's latest water bill, and filed with the Director.

c. The Director may assist the applicant in preparing his/her application and in performing calculations.

d. The Director may require submittal of any additional data necessary to make required determination or perform any investigations which the Director deems reasonable and necessary to verify the applicant's statements. The Director shall request such additional data promptly. If the applicant fails to produce the requested data within (30) days of date of mailing or delivery of the request for additional data or within thirty (30) days of availability of water consumption data, if applicable, whichever is later, the adjustment shall be denied.

e. The Director shall process each application within thirty (30) days after filing date or within thirty (30) days of date of submittal of additional data, if applicable, whenever reasonably possible.

f. The Director shall notify the applicant in writing of any determination to grant or deny an adjustment.

g. The Director shall notify DWP or the City Clerk, whichever is applicable, of any granted adjustment.

2. Adjustment due to invalid Winter Water Use.

The Director shall provide an adjustment to a user's Winter Water Use when a user's Winter Water Use is substantially affected by an extraordinary condition occurring during the user's Rainy Season Billing Period. No adjustment shall be granted for variations in the number of occupants of a residence.

Granted adjustments may be applied to one or more billing periods to account for the corrected sewage volume. All adjustments granted pursuant to this subsection will terminate upon the determination of the user's Winter Water Use for the following fiscal year. If a condition justifying an adjustment occurs in repeating years, an application for adjustment may be required each year; however, the Director may adopt procedures for automatic renewal of such adjustments upon satisfactory certification of the continuing condition.

Situations warranting an adjustment include the following:

a. Filling of a swimming pool: If the user fills a swimming pool during the user's Rainy Season Billing Period, the user's total sewage volume shall be adjusted to include the filled volume once and only once. No adjustment shall be granted for normal maintenance and evaporation replenishment.

b. Water leak: If a significant water leak or pipe breakage occurs on the user-side of the water meter during the user's Rainy Season Billing Period, and the volume of leaked water can be estimated to the satisfaction of the Director, the user's total sewage volume shall be adjusted to include the volume of leaked water flowing into the sewer system during the Rainy Season Billing Period once and only once. If the leaked water does not flow into the sewer system, the user's Winter Water Use shall be decreased by the volume of water leaked during the Rainy Season Billing Period.

c. Water needy plants: If a significant exterior area is devoted to water needy plants during the user's Rainy Season Billing Period, the user's Winter Water Use may be adjusted by an appropriate amount. Unless the user presents compelling evidence otherwise, the scope of "water needy" plants shall be limited to the following list:

Acorus calamus, Althaea officinalis, Andromeda sp., Arundo donax, Aster navae-angiae, Caltha palustris, Canna sp., Cardamine sp., Carex sp., Colocasia esculenta, Cyperus sp., Eichhornia crassipes, Equisetum hyemale, Heduchium sp., Hibiscus moscheutos, Hydrophyllum virginianum, Iris sp., Juncus sp., Lilium canadense, Lythrum salicaria, Mentha sp., Mimulus sp., Monarda didyma, Myosoti sp., Orchid sp., Oryza (rice), Pontaderia, Primula sp., Ranunculus sp., Scirpus sp., Sisyrinchium sp., Soleirolia soleirolii, Tolmiea sp., Trollius sp., Typha latifolia, Viola sp., Xanthosoma sp., Zantedeschia sp., Zingiber sp. (Note: Where the abbreviation sp. (species) appears after the genus name, the entire genus is "water needy.")

The following plants, frequently claimed to fall within the category of "water needy," will not be considered "water needy" for purposes of determining Winter Water Use:

Grass (All ordinary varieties, including dichondra), Fruit trees, Roses.

d. Greenhouses: If a user was actively growing plants in a greenhouse or other sheltered area during the user's Rainy Season Billing Period, requiring a significant volume of water, the user's Winter Water Use may be adjusted an appropriate amount.

e. New lawn: If the user installs a new lawn on the premises requiring watering in excess of normal irrigation practices during the user's Rainy Season Billing Period, the user's Winter Water Use may be decreased by the excessive volume.

f. Partial Discharge to Septic Tank: If a premises discharges to a City sewer and a private sewage disposal system during the user's Rainy Season Billing Period, the user's Winter Water Use may be adjusted by an appropriate amount.

3. Adjustment due to Unoccupied Residence.

When the Director determines that a premises was unoccupied during an entire billing period, the user's sewage volume during such billing period shall be 15 percent of otherwise provided by Subsection B., 3. of Section 4. above.

B. Adjustments for Commercial/Multiple Dwelling/Industrial/Governmental Users

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1. Application and determination procedure. Info needed

a. Application for adjustment shall be filed and processed as detailed for residential users under Subsection A., 1. of this section.

b. If adjustment is sought on the basis of water consumption data (Type A), the Director shall require adequate information to document that a substantial area on the premises is devoted to irrigated plantings.

c. If adjustment is sought on the basis that supplied water is removed from the premises through incorporation in a product or as an item of supply (Type B), the Director shall require sufficient information to document the processes or procedures involved, and insofar as feasible, the annual volume of supplied water removed, the annual volume of sanitary waste discharged to the sewer, and the annual volume of process waste discharged to the sewer.

d. If adjustment is sought for a multiple dwelling or commercial premises on the basis of water consumption data (Type A), the Director shall require adequate information to document the occupancy level during the period of calculation.

e. If an adjustment is granted in accordance with the criteria herein, unless otherwise noted, the sewage volume for each billing period shall be the volume of water supplied to the premises during the billing period multiplied by P,

where P = the volume of sewage discharged as a percent of water supplied, both over a 12-month period. The Director shall notify DWP or the City Clerk, whichever is applicable, in writing of the adjusted percentage, P.

f. The Director shall inform the applicant of the basis on which adjustment was granted and that it is his/her responsibility to notify the Director of changed conditions affecting that basis.

2. Adjustment Types and Criteria.

For commercial/multiple dwelling/industrial/governmental users, the Director shall provide an adjustment to the sewage volume if and only if the Director determines that the amount of the user's sewage discharge from the premises is substantially less than 90% of the volume of water supplied to the premises in conformity with the requirements of one of the following types of adjustments.

Type A: This type of adjustment is calculated from water consumption data appearing on applicant's water bill and shall be granted if the Director makes the following determinations:

a. That at least one year of water consumption data reflecting stable occupancy is available or that it is feasible to adjust the data to account for occupancy variations;

b. That a manual calculation equivalent to that of the Winter Water Use calculation, as defined for residential user's, reduced by the applicable Dry Winter Compensation Factor, results in a volume of sewage discharged "substantially less," as defined in Section 2, than the user's daily average water consumption during the user's six most recent consecutive bimonthly billing periods (or user's twelve most recent consecutive monthly billing periods), which billing periods must include the entirety of the user's most recent Rainy Season Billing Period;

c. That applicant's consumption record indicates a general pattern of low consumption during the rainy season and higher consumption during the warm season;

d. That sufficient planted area exists to indicate that irrigation of plantings is the probable cause of the higher consumption.

Type B: This type of adjustment is applicable to commercial and industrial premises in which supplied water is removed from the premises in a product or as an item of supply and shall be granted if the Director makes the following determinations:

a. That at least one year of water consumption data reflecting reasonably stable operation, other than for normal seasonal fluctuations, is available;

b. That to the extent applicable, a reconciliation of the following has been performed using best available data for the most recent 12-month period:

i. The volume of water removed from the premises as based on product removal rate and water per unit of product, both determined to the satisfaction of the Director from data supplied by applicant.

ii. The volume of sanitary sewage discharged from the premises based on the average number of employees on the site as determined to the satisfaction of the Director from data supplied by applicant and a reasonable rate of per capita sanitary discharge as determined by Director.

iii. The volume of water used for landscaped irrigation, if significant and feasible, as determined by Director.

iv. The volume of water supplied to the premises according to records of water agency;

c. That the volume of sewage discharged, as determined from the analysis in paragraph b., is "substantially less" than 90% of the volume of water supplied to the premises.

Type C: This type of adjustment is applicable where a City water meter measures water not tributary to the sewer system, and another City water meter measures water which is so tributary. This type of adjustment shall be granted if the Director determines that the volume of tributary water supplied to the premises over a 12-month period is "substantially less" than 90% of the total volume of water supplied over the same period. The Director shall establish policies and criteria to assure consistent application of this type of adjustment.

Type D: This is an adjustment applicable only if a premises is unoccupied throughout a billing period. If the Director determines that a premises is unoccupied throughout a billing period, the sewage volume for such period shall be 15% of what it would have otherwise been, including any other adjustments that have been granted, unless the Director determines that the particular circumstances dictate a higher volume.

Type E: This type of adjustment is applicable to physical conditions: (1) which, in the

judgement of the Director, result and will continue to result in a discharge over a 12-month period "substantially less" than 90 percent of water supplied to the premises over the same period; and (2) for which, in the judgement of the Director, another type of adjustment would result in a substantially greater volume of sewage discharged as a percent of water supplied than is warranted by conditions prevailing on the premises. The Director shall establish policies and criteria to assure consistent application of this type of adjustment. Said policies shall include procedures and standards for determination for the various categories of situations likely to be encountered.

3. Reassessment

a. The Director shall institute a periodic review of all commercial/industrial/multiple dwelling/governmental adjustments.

b. The Director shall investigate all reports by the users whom they have been granted adjustments of changed conditions.

c. The Director may require submittal of any additional data necessary or perform any investigations which the Director deems reasonable and necessary to determine whether adjustee's adjustment should be revised or cancelled. If adjustee fails to produce the requested data within a reasonable time established by the Director, the adjustment may be cancelled.

d. The Director shall notify the adjustee in writing of any determination to revise or cancel an adjustment.

4. Termination

Commercial/multiple dwelling/industrial/governmental adjustments shall be cancelled under the following circumstances:

a. Change of user;

b. Request by user;

c. Director's determination under the reassessment procedure.

SEC. 7 Direct Measurement/Calculation of Sewage Volume

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A. Metering of Sewage
1. Residential/multiple dwelling

The Board hereby determines that no metering devices currently exist which are adequate to measure residential or multiple dwelling flows of sewage. Therefore it has not approved any devices under LAMC Section 64.41.03(g)(3)(A)(i) and no residential or multiple dwelling SSC billings may be based on metered sewage discharge.

2. Commercial/industrial/governmental

Any commercial/industrial/governmental user may submit to the Director for approval an application to install and use a metering device to measure all the sewage discharged into the sewer system from the premises under LAMC Section 64.41.03(g)(3)(A)(i). The Director shall determine if accurate flow data can be obtained and insure accuracy of installed meters. Approval shall be conditioned upon the applicant's periodic submittal of flow records according to a schedule determined by the Director. Billing of the SSC based on the metered flow shall begin following the billing period in effect at the time of approval of the installation.

B. Private Submetering of Supplied Water

Residential
Commercial

Pursuant to LAMC Section 64.41.03(g)(3)(A)(ii), the Director may approve user requests to install a private meter on a water line tributary or nontributary to the sewer, and be billed for the SSC accordingly. In such cases, the private meter may be installed on the water line tributary or nontributary to the sewer. The private meter shall be located as conveniently as reasonably possible, relative to the City water meter.

SEC. 8 Water Supplied From Outside Sources

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The Director shall establish policies and procedures to identify premises supplied with water from sources other than DWP, to determine the quantity so supplied, and to arrange with the City Clerk to bill such premises consistent with LAMC Section 64.41.03(j).

SEC. 9 Appeals

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A. Any person who has filed an application for adjustment or exemption and has received a notice of determination thereon, may appeal such determination in writing to the Board. The appeal shall state specifically how the Director's determination is improper or unreasonable. Any such appeal must be filed within ten (10) days following the date of mailing of the notice of determination.

B. The Board will appoint a hearing officer from among its members to hear sewer service charge appeals. Appeals filed shall be referred to the Board hearing officer, who shall obtain the recommendation of the Director relative to such appeal and establish a date and time for a conference with the appellant. Appellant shall be given written notice of the date and time of the conference. Said notice shall be mailed not less than ten (10) days prior to the conference and shall be mailed postage prepaid to the address designated on said appeal, and also to the address shown on the original application for adjustment if such is different. Said conference shall be set, whenever reasonably possible, no later than thirty (30) days after date of filing the appeal.

C. The Board hearing officer shall formulate a recommendation and present it to the full Board for adoption. The appellant shall be informed of the date of the Board hearing and shall have opportunity to present his/her case to the full Board. The Board may continue the hearing in its discretion.

D. Within fifteen (15) days from the hearing date for an appeal, as described in B. above, the Board shall make a written determination of its findings. A copy of the determination shall be mailed to the appellant.

E. The appellant shall be notified that, within ten (10) days from the date of mailing of the Board's determination on an appeal, as described in C. above, the appellant may make a further appeal to the City Council in accordance with Section 64.41.07(l) and (m) of the LAMC.