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HomeMy WebLinkAboutOrdinance No. 215 ORDINANCE NO. 215 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING SOURCE CONTROL FEES, ADMINISTRATIVE FEES, NON-COMPLIANCE SAMPLING FEES, AND MISCELLANEOUS CHARGES The Board of Directors of County Sanitation District No. 2 of Orange County, California ("District") does hereby find: A. That the District is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, at seal and the General Pretreatment Regulations (40 C.F.R. 403) to implement and enforce a program for the regulation of wastewater discharges to the District's sewers; and B. That the District is required by federal, state, and local law to meet applicable standards of treatment plant effluent quality; and C. That pursuant to these requirements, the Board of Directors adopted Ordinance No. 214, establishing wastewater discharge regulations; and D. That the District incurs additional costs in conducting non-compliance sampling of those industrial wastewater dischargers who violate the District's industrial wastewater discharge regulations; and 1 E. That Ordinance No. 214 provides that the Board of Directors is to establish various fees and charges to recover those costs to the District which are made necessary by industrial wastewater dischargers who violate the District's industrial wastewater discharge regulations; and F. That the adoption of the proposed fees and charges will provide revenue to assist in the payment of the costs incurred by the District in enforcing its industrial wastewater discharge regulations; and G. That the fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the District for the administration and implementation of non-compliance sampling associated with the industrial waste control program; and H. That the administrative reports upon which the fees are based have been made available to the public and have been presented to the Board of Directors at a public meeting, in accordance with applicable provisions of law; and I. That Ordinance No. 214 provides for the Board of Directors to establish various rates of fees and charges to recover the costs to the District of implementing its Source Control program in addition to the non-compliance sampling fees: and J. That the adoption of the proposed fees and charges will provide revenue to assist in the payment of costs to the District to provide sewerage collection, treatment and disposal service, together with conducting all regulatory and administrative services related to the industrial dischargers/users of the District's systems; and 2 K. That an administrative report, including financial analysis and an engineering report has been prepared by the District setting forth and identifying the needs and costs of implementing the District's source control program; and L. That the administrative and engineering reports have been made available to the public and have been presented to the Board at a public meeting, all in accordance with applicable provisions of law; and M. That the new and revised fees and charges established by this Ordinance do not exceed the estimated amount required to provide the sewerage service and administration, for which the fee is levied. N. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of 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. 2 of Orange County, California, does hereby ORDAIN as follows: Section 1: Purpose. The purpose of this Ordinance is to recover those costs incurred by the District when performing non-compliance sampling of industrial wastewater dischargers who have violated the District's industrial wastewater discharge regulations. The fees and charges hereby established are to be paid by the violating industrial wastewater discharger who has caused the District to perform the non-compliance sampling. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the District in performing the non-compliance sampling and 3 subsequent laboratory analysis. The purpose of this Ordinance is also to consolidate existing fees and charges with the proposed non-compliance fees as discussed in Section 2 into one Ordinance. The existing fees and charges are shown in Table A. Section 2: Non-Compliance Sampling Fees. Commencing February 7, 1992, any industrial wastewater discharger who violates the District's industrial wastewater discharge regulations and causes the District to conduct non-compliance sampling of that industry's wastewater shall pay a non-compliance sampling fee in the sum or sums set forth in Table B. Section 3: Severability. If any provisions of this Ordinance or the application to any person or circumstance is held invalid by order of court, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected. Section 4: Effective Date. These fees shall become effective February 7, 1992. 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. 4 PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of County Sanitation District No. 2 of Orange County, California, at a regular meeting held January 8, 1992. Chairman o e Board of Directors of County Sanitation District No. 2 of Orange County, California ATTEST: \�- S� - Secretary of the Board of Directors of County Sanitation District No. 2 of Orange County, California 5 TABLE "A" SOURCE CONTROL FEES, ADMINISTRATIVE FEES, AND MISCELLANEOUS CHARGES Permit Fees: Class I Permit $250.00/Year (Ord. No. 214, Sec. 302.3) Class II Permit $100.00/3 Years (Ord. No. 214, Sec. 303.3) Class III Permit $ 75.00/3 Years (Ord. No. 214, Sec. 304.3) Special Purpose Discharge Permit $250.00/Year (Ord. No. 214, Sec. 305.3) Wastehauler Discharge Permit $ 75.00/Year (Ord. No. 214, Sec. 306.3) Wastehauler Discharge Permittee Decal: Initial Issue $25.00 Replacement $50.00 Wastehauler Discharge Permittee Entry Card: Initial Issue $ 50.00 Replacement $100.00 Wastehauler Discharge Permittee - Charge for Use: Waste originating $0.02/gallon of within District truck capacity Waste originating $0.04/gallon of outside District truck capacity Transportable Treatment Unit Discharge Permit Fees $250.00/Year (Ord. No. 214, Sec. 307.3) TABLE "A" (CONTINUED) SOURCE CONTROL FEES, ADMINISTRATIVE FEES, AND MISCELLANEOUS CHARGES Administrative/Processing Fees: District Collection of Tax Data $100.00/Permit (Ord. No. 214, Sec. 302.6(c), 303.6(c), 304.6(c)) District Collection of Water Consumption Data $100.00/Permit (Ord. No. 214, Sec. 302.6(d), 303.6(d), 304.6(d)) Appeal Hearing Filing Fee $400.00 (Ord. No. 214, Sec. 618) TABLE "B" NON-COMPLIANCE SAMPLING.FEES 1. Total Cost of Processing and Sampling a Minor Violation $200.00/per occurrence 2. Total Cost of Processing and Sampling a Major Violation $455.00/per occurrence 3. Additional Costs for Specific Analyses as Required A. Heavy Metals Analysis $ 16.00 (rhis price includes analysis of all the following:) Cadmium Chromium Copper Nickel Lead Silver Zinc B. Arsenic Analysis $ 16.00 C. Mercury Analysis $130.00 D. 601/602 Analysis $ 84.00 E. 604 Analysis $153.00 F. 606 Analysis $180.00 G. 608 Analysis $193.00 H. 624 Analysis $225.00 I. 625 Analysis $375.00 J. Ammonia Analysis as Nitrogen $ 24.00 K. Biochemical Demand (BOO) Analysis $ 24.00 TABLE "B" (CONTINUED) NON-COMPLIANCE SAMPLING FEES L. BOO and Suspended Solids Analysis $ 30.00 M. Chemical Oxygen Demand Analysis $ 12.00 N. Conductivity Analysis $ 6.00 O. Cyanide (Amenable) Analysis $ 48.00 P. Cyanide (total) Analysis $ 30.00 O. Dissolved Mineral Solids Analysis $ 12.00 R. Grease and Oil (Hexane Soluble Matter) Analysis $ 73.00 S. Grease and Oil (Mineral Partition) Analysis $ 73.00 T. Total Organic Nitrogen Analysis $ 24.00 U. pH Analysis $ 73.00 V. Phenol Analysis $ 73.00 W. Suspended Solids (rotal Only) Analysis $ 6.00 X. Suspended Solids (total and Volatile) Analysis $ 12.00 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County . Sanitation District No. 2 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 215 was passed and adopted at a regular meeting of said Board on the Bth day of January, 1992, by the following vote, to wit: AYES: Directors Iry Pickler, Chairman, Fred Barrera, A.B. "Buck" Catlin, John Collins, Barry Denes, William D. Mahoney, Robert Main, Carrey J. Nelson, Miguel Pulido, Roger R. Stanton, Henry W. Wedaa - NOES: None - ABSTENTIONS: None ABSENT: Arthur G. Newton IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of January, 1992. Rita J. Brown Secretary of the Board of Directors County Sanitation District No. 2 of Orange County, California .