HomeMy WebLinkAboutOrdinance No. 123 ORDINANCE NO. 123
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 1 OF
ORANGE COUNTY, CALIFORNIA, ESTABLISHING
CHARGES FOR USE OF DISTRICT FACILITIES BY
INDUSTRIAL USERS AND WASTERAULERS
The Board of Directors of County Sanitation District No. 1
of Orange County, California (hereinafter "District") does hereby
find:
A. That a Comprehensive 30-year Master Plan of Capital
Facilities entitled "Collection, Treatment and Disposal
Facilities Master Plan - 198911, hereinafter the "Master Plan",
which includes detailed financial and engineering reports, has
been prepared, approved and adopted by the Board of Directors
setting forth and identifying the required future development of
District and jointly owned facilities, including the financial
projections for providing sewer service to all properties within
the District service area; and,
B. That the financial and engineering reports of the
Master Plan and the additional administrative and engineering
reports have been made available to the public and have been
subject to noticed public hearings, all in accordance with the
provisions of Government Code Section 66016 and other provisions
of law; and,
C. That the revenues derived under the provisions of this
Ordinance will be used for the acquisition, construction,
reconstruction, maintenance and operation of the wastewater
treatment and disposal facilities of the District; to repay
principal and interest on debt instruments or to repay federal
and state loans issued for the construction and reconstruction of
said sewerage facilities, together with costs of administration
and provisions for necessary reserve; and,
D. That the wastehaulers upon which the fees established
by this Ordinance are levied, discharge wastewater to the
District's treatment and disposal facilities. The costs of
providing the disposal station service and monitoring of
wastehauler discharges have constantly increased due in part to
increased regulatory requirements to upgrade the treatment
process; and,
E. That additional administrative reports upon which the
wastehauler fees are based have been approved and adopted by the
Board of Directors setting forth and identifying District
financial costs relating to providing treatment and disposal
services for wastehaulers; and,
F. That the proposed increases in the wastehauler service
charges are established upon a rational basis between the fees
charged each wastehauler and the service and facilities provided
to each wastehauler to the District; and,
G. That the need for upgraded and improved treatment of
all wastewater treatment and disposal facilities is required to
protect the public health and safety to preserve the environment
without damage; and,
H. That the new fees established by this Ordinance do not
exceed the estimated amount required to provide the treatment and
disposal service for which the fee is levied, as provided in
Government Code Sections 66013 and 66016; and,
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I. That the change in rate structure will not necessarily
result in an expansion of facilities to provide for growth
outside the existing service area. The adoption of these rates
will not result in any specific project nor result in a direct
physical change in the environment; and,
J. That the District has, on July 19, 1989, adopted a
Final Program Environmental Impact Report in accordance with
legally required notices and public hearing, related to the
Master Plan, including the financial program; and,
K. That the adoption of this Ordinance is statutorily
exempt under the California Environmental Quality Act from
further environmental assessment pursuant to the provisions of
California Public Resources Code Section 21080(b) (8) and
California Code of Regulations Section 15273 (a) .
NOW, THEREFORE, the Board of Directors of County Sanitation
District No. 1 of Orange County, California, does hereby ORDAIN:
Section 1: Section 302.6(B) of Ordinance No. 119 is hereby
amended by substituting the term ORDINANCE for the term
RESOLUTION referred to therein.
Section 2: Section 303.6(B) of Ordinance No. 119 is hereby
amended by substituting the term ORDINANCE for the term
RESOLUTION referred to therein.
Section 3: Section 304.6(B) of Ordinance No. 119 is hereby
amended by substituting the term ORDINANCE for the term
RESOLUTION referred to therein.
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Section 4: Section 306.7 of Ordinance No. 119 is hereby
amended by substituting the term ORDINANCE for the term
RESOLOTIOE referred to therein.
Section 5: Section 702 (B) (2) of Ordinance No. 119 is
hereby amended by substituting 11$2,350" for 11$1,500" in
accordance with the March 11, 1992 action of the Board of
Directors.
Section 6: As authorized by Sections 302.6, 303.6 and
304.6 of Ordinance No. 119, the charges for use are hereby
established for Class I, Class II and class III Permittees as set
forth in Tables A and B attached hereto.
Section 7: As authorized by Section 306.7 of Ordinance
No. 119, the charges for use are hereby established for
wastehaulers as set forth in Table C attached hereto.
Section 8: If any provision of this Ordinance or
application thereof to any person or entity is held invalid by
order of court, the remainder of the Ordinance or the application
of such provision to other persons or entities shall not be
affected.
Section 9: Effective Date This Ordinance shall become
effective January 1, 1994.
Section 10: Challenges Any legal challenge to the validity
of the charges for use adopted herein shall be made pursuant to
the provisions of the Health & Safety Code Section 5472.
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Section 11: Repeal The following resolution is repealed as
of the effective date of this Ordinance:
District No. 1 -- Resolution No. 91-137-1
Section 12: The Secretary of the Board shall certify to the
adoption of this ordinance and shall cause a summary to be
published in a newspaper of general circulation as the District
is required by law.
PASSED AND ADOPTED by the affirmative vote of greater than
two-thirds of the Board of Directors of County Sanitation
District No. 1 of orange County, California, at a regular meeting
held November 10, 1993.
Chairman, Boar of Directors
County Sanitation District No. 1 of
Orange County, California
ATTES
7
Assistant S e y of the Board of
u Directors, sanitation District
No. 1 of Orange County, California
Aa/nJKY-123
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TABLE A
CLASS IAND CLASS II PERMITTEES - CHARGES FOR USE
(DISTRICT NO. 1)
For Flow $205.49 per million gallons of flow
For Suspended Solids $206.10 per thousand pounds of
suspended solids
For Biochemical Oxygen Demand $162.25 per thousand pounds of BOD
TABLE B
CLASS III PERMITTEES - CHARGES FOR USE
(DISTRICT NO. 1)
For Flow $973.50 per million gallons of flow
TABLE C
WASTEHAULER CHARGES FOR USE
Wastehauler Fees: Charge
A. Charge for Use - Waste $0.035/gallon of
Originating Within Orange County truck capacity
B. Charge for Use - Waste $0.11/gallon of
Originating Outside Orange County truck capacity
As/ord/t123
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, PENNY KYLE, Assistant Secretary of the Board of Directors
of County Sanitation District No. 1 of Orange County, California,
do hereby certify that the above and foregoing Ordinance No. 123
was passed and adopted at a regular meeting of said Board on the
loth day of November, 1993, by the following vote, to wit:
AYES: Fred Barrera, Chairman pro tem, Thomas E.
Lutz, Thomas R. Saltarelli, Roger Stanton,
James A. Wahner
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this loth
day of November, 1993.
Penny Kyl
Assistant ec ary of the Board of
Directors of County Sanitation
District No. 1 of Orange County,
California
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