HomeMy WebLinkAboutOrdinance No. 125 ORDINANCE NO. 125
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY,
CALIFORNIA, ESTABLISHING EXCESS CAPACITY CHARGES
WHEREAS, the Board of Directors of County Sanitation District No. 1 of Orange County,
California ("District") has heretofore adopted Ordinance No. 119, an Ordinance Establishing
Wastewater Discharge Regulations for Use of District Sewerage Facilities; and,
WHEREAS, Section 309 of Ordinance No. 119 provides that the Board of Directors may
determine the method for calculation of Excess Capacity Charges applicable to District users on
a case-by-case basis; and,
WHEREAS, the Board of Directors desires to establish a standard, fair and equitable
method for calculation of the Excess Capacity Charge for all users.
WHEREAS, the Board of Directors of County Sanitation District No. 1 of Orange County,
California, does hereby find:
A. That a Comprehensive 30-year Master Plan of Capital Facilities entitled
"Collection, Treatment and Disposal Facilities Master Plan - 1989", 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's service areas; and,
B. That District Staff has prepared an analysis report of the proposed method for
determination of Excess Capacity Charges; and,
C. That the financial and engineering reports of the Master Plan and the analysis
report regarding Excess Capacity Charges 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,
D. That the revenues, derived under the provisions of this Ordinance, from other
public agencies for discharges from water or wastewater treatment facilities will be held in
reserve and designated for possible future use in the construction of a separate ocean
discharge outfall brine line, and revenues derived from other users will be used for construction
of the sewage collection facilities, wastewater treatment and disposal facilities of the District;
and,
E. That the users upon which the fees established by this Ordinance are levied, will
discharge wastewater to the Districts collection, treatment and disposal facilities; that the costs
of construction of sewage collection facilities, wastewater treatment and disposal facilities has
constantly increased due in part to increased regulatory requirements to upgrade the treatment
process; and that said costs will exceed the amounts of any ad valorem tax revenues derived
from these users; and,
F. That the fees imposed by authority of this Ordinance do not exceed the
estimated amount required to provide the sewer service for which the fee is levied, as provided
in Government Code Sections 66013 and 66016; and,
G. That the fees established by this Ordinance will not necessarily result in an
expansion of facilities to provide for growth outside the existing service area. The establishment
of these fees will not result in any specific project and will not result in a direct physical change
or any reasonably foreseeable indirect change in the environment; and,
H. That the fees adopted by this Ordinance are established upon a rational basis
between the fees charged for each user and the facilities provided to each affected user by the
District; and,
I. 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 14 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 as follows:
Section 1: Section 309 of Ordinance No. 119 is hereby amended to read:
Section 309 -Purpose
The purpose of this Ordinance is to establish the method for calculation of fees
payable by all applicants for a permit to connect to the District facilities for a new development
or expansion of an existing development that expands operations, either of which require
sewage, collection, treatment or disposal facilities capacity.
Revenues derived under the provisions of this Ordinance from other public
agencies for discharges from waste or wastewater treatment facilities shall be held in reserve
and designated for possible future use in the construction of a separate ocean discharge outfall
brine line, and revenues derived from other users shall be used for the construction of the
sewage collection facilities, and wastewater treatment and disposal facilities of the District.
-2-
Section 309.1 - Method of Calculation
A. The Excess Capacity Charge shall apply to any new connection or new
user whose discharge is tributary to District's sewerage system and whose average daily
loading to the sewerage system contains at least one of the following loadings:
Parameter Value
Flow z50,000 gallons per day
Suspended Solids z 105 His per day
Biochemical Oxygen Demand z 105 His per day
B. As set forth in the Master Plan, the historical cost of District treatment and
collection facilities for Flow, Suspended Solids and Biochemical Oxygen Demand is as follows:
Parameter Weiohted- Percent%
Flow 58.38%
Suspended Solids 18.66%
Biochemical Oxygen Demand 22.96%
C. The current Capital Facilities Connection Charge set forth in Article 7 of
Ordinance No. 119, also known as the Equivalent Dwelling Unit Rate, applicable to dwelling
units is$2,350.00, and the charge applicable to other than dwelling buildings or replacement
buildings or additions or alternations to existing buildings if$470.00 per 1,000 square feet of
Floor area, with a minimum charge of$2,350.00, based upon the District facility cost per dwelling
unit existing in 1989, adjusted automatically for inflation in 1990 and 1991 pursuant to the
Engineering News Report- Los Angeles Area (ENRLA) cost of construction index.
Section 309.2
Effective July 1, 1995, the Excess Capacity Charge shall be calculated based on
the following formula:
Excess Capacity Charge = (Flow, gpd') /399 gpd x CFC'x 58% +
(BOD, Ibs/d3)/0.83 Ibs/d x CFC x 19%+
(SS, Ibs/d) /0.83 Ibs/d x CFC x 23%
Section 309.3
The Excess Capacity Charge shall not apply to public sewering agencies located
within District boundaries which agencies connect public collection sewers tributary to District
facilities.
'Gallons per day
2Capital Facilities Charge as adopted by separate Ordinance of the District
'Pounds per day
-3-
Section 309.4
Within two years of commencement of discharge and upon review of actual
discharge records every two years by District, if the actual loadings from a permitted facility are
shown to exceed the loadings used to assess an Excess Capacity Charge by 25% for either
Flow, Biochemical Oxygen Demand or Suspended Solids, then a supplemental Excess
Capacity Charge for the additional loadings will be assessed and collected using the prevailing
Capital Facilities Charge. No adjustments will be made for actual use below that projected
when the fee was calculated.
Section 2: Severability
If any provisions of this Ordinance or application to any person or circumstance are held
invalid by order of court, the remainder of this Ordinance or the application of such provision to
other persons or other circumstances shall not be affected.
Section 3: Judicial Action to Challenge This Ordinance
Any judicial action or proceeding to attack, review, set aside, void or nullify this
Ordinance shall be brought within 120 days of the effective date of the Ordinance.
Section 4: Effective Date
This Ordinance shall become effective July 1, 1995.
Section 5: Certification
The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause
the same to be published in a newspaper of general circulation in the District as required by law.
PASSED AND ADOPTED at a regular meeting held May 24, 1995.
Chair, Board of Directors
County Sanitation District No. 1 of
Orange County, California
Secretary orthe B rd of Directors
County SariMliorkilistrict No. 1 of
Orange County, California
nIm
-4-
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, PENNY KYLE, 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. 125 was passed and adopted at a regular meeting of said Board on the
24th day of May, 1995, by the following vote, to wit:
AYES: Pat McGuigan, Chair, James M. Ferryman, Mark A. Murphy,
Thomas R. Saltarelli
NOES: None
ABSTENTIONS: None
ABSENT: Roger R. Stanton
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of May,
1995.
A� '000'
Penny Kyle
Secretary of Ale BoJ9 of Directors
County Sanitation District No. 1
of Orange County, California
rosins