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Home My WebLink AboutOrdinance No. 217 ORDINANCE NO. 217 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 (hereinafter "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, et sea. ) 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 the Ordinance 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 Wastewater Discharge Regulations; and, E. That the Ordinance establishing Wastewater Discharge Regulations 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 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 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 permit and fee processing, non-compliance sampling and related services associated with the Source Control Program; and, H. That the Ordinance establishing wastewater discharge regulations 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, I. That the adoption of the proposed fees and charges will provide revenue to assist in the payment of costs to the District to provide all regulatory administrative and laboratory services related to the industrial dischargers/users of the District's systems; and, J. 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, K. 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, -2- L. 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: 6ection 1: Purpose The purpose of this Ordinance is to recover those costs incurred by the District when administering the District Source Control Program and to recover the costs incurred when performing non-compliance sampling of industrial wastewater dischargers who have violated the District's Wastewater Discharge Regulations or the terms and conditions of the discharger's permit. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the District in performing these tasks. Commencing January 1, 1994, the fees and charges hereby established shall be imposed in the sum or sums as set forth in Tables A and B. Section 2: Administrative Appeals A. Any user, permit applicant or permittee affected by any decision, action or determination by the District may, within 45 days of the date of mailing by the District of the initial invoice for fees imposed pursuant to this ordinance, request that the District reconsider imposition of such fees. Following review of such a request the District shall notify the user, permit applicant or permittee by certified mail of the District's decision on the reconsideration request. -3- B. Any user, permit applicant or permittee adversely affected by the District's decision on the reconsideration request may file an appeal in accordance with Section 617, and thereafter Section 618, of the District's Wastewater Discharge Regulations. Section 3: Severability If any provision 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 January 1, 1994. Section 5: Reveal Ordinance No. 215, Establishing Source Control Fees, Administrative Fees, Non-Compliance Sampling Fees and Miscellaneous Charges, effective February 7, 1992, is hereby repealed on the effective date hereof and all other Ordinances or parts of Ordinances inconsistent with this ordinance are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. Section 6: 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 November 10, 1993 . an,\\\\\\ ��B��' rd o Directors Count Sation District No. 2 of ang Coun California ATTES Assistant re of the Board of _ Directors, oun Sanitation District ��, , No. 2 of Orange County, California bs/ordf/1.217 TABLE A SOURCE CONTROL FEES, ADMINISTRATIVE FEES, AND MISCELLANEOUS CHARGES Permit Fees Charees A. Class I Permit $335.00/yr B. Class H Permit $ 70.00/yr C. Class M Permit $ 75.00/3 yr D. Special Purpose Discharge Permit $250.00/yr E. Waste Hauler Discharge Permit $ 75.00/yr F. Transportable Treatment Permit $250.00/yr Waste Hauler Fees• G. Permit Decal Initial Issue $ 25.00 H. Permit Decal Replacement $ 50.00 1. Entry Card Initial Issue $ 50.00 I. Entry Card Replacement $100.00 K. After hours Discharge - Prearranged $ 85.00/event L. After Hours Discharge - Emergency $100.00/event Administrative/Processine Fees• M. Districts Collection of Tax Data $100.00/permit N. Districts Collection of Water $100.00/pernut Consumption Data O. Appeal Hearing Filing Fee $400.00 TABLE B NON-COMPLIANCE SAMPLING FEE hC aree Cost of Processing and Sampling $225.00/event Following a Minor Violation Cost of Processing and Sampling $500.00/event Following a Major Violation Costs for Analyses: 1. Heavy Metals - this one price $ 19.00 price includes analysis for all the following: Cadmium Lead Chromium Silver Copper Zinc Nickel 2. Aluminum $ 19.00 3. Antimony $ 19.00 4. Arsenic $ 19.00 5. Gold $ 19.00 6. Mercury $145.00 7. Molybdenum $ 19.00 8. Palladrum $ 19.00 9. Platinum $ 19.00 10. Selenium $ 19.00 11. Thallium $ 19.00 12. 601/602 $152.00 13. 604 $223.00 14. 606 $254.00 TABLE B CONTINUED NON-COMPLIANCE SAMPLING FEES Charee 15. 608 $254.00 16. 610 $ 37.00 17. 612 $200.00 18. 624 $219.00 19. 625 $445.00 20. Ammonia Analysis as Nitrogen $ 26.00 21. Biochemical Oxygen Demand $ 29.00 22. BOD and Suspended Solids Analysis $ 36.00 23. Chemical Oxygen Demand $ 14.00 24. Conductivity $ 7.00 25. Cyanide (Amenable) $ 67.00 26. Cyanide (Total) $ 42.00 27. Dissolved Mineral Solids $ 13.00 28. Gamma Radiation Determination $115.00 29. Gross Alpha and Beta Determination $ 50.00 30. Tritium Determination $ 50.00 31. Grease and Oil (Hexane Soluble Matter) $ 79.00 32. Grease and Oil (Mineral Partition) $ 79.00 33. Total Organic Nitrogen $ 26.00 34. pH $ 7.00 TABLE B CONTINUED NON-COMPLIANCE SAMPLING FEES Cham 35. Fluoride $ 35.00 36. Suspended Solids (Total) $ 7.00 37. Suspended Solids (Total and Volatile) $ 14.00 38. Total Dissolved Solids $ 9.00 39. Total Sulfides $ 20.00 TFN:tw:R:09/07/93:N3804a.2 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) - I, PENNY KYLE, Assistant 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. 217 was passed and adopted at a regular meeting of said Board on the 10th day of November, 1993, by the following vote, to wit: AYES: John Collins, Chairman, Fred Barrera, Bob Bell, A. B. "Buck" Catlin, Thomas E. Lutz, William D. Mahoney, Carrey J. Nelson, Iry Pickler, Roger Stanton, Henry W. Wedaa, George L. Zlaket NOES: None ABSTENTIONS: None ABSENT: Maria Moreno IN WITNESS WHEREOF, I have hereunto set my hand this loth day of November, 1993 . Pdrnny Kyle Assistant re of, th'e Board of;`''- 5, Directors Co ty Sanitatian�' District No. 2 of Orange Cotianty;y .. California - nMNJ,YD8-217