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HomeMy WebLinkAboutOrdinance No. 322 ORDINANCE NO. 322 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 3 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING EXCESS CAPACITY CHARGES WHEREAS, the Board of Directors of County Sanitation District No. 3 of Orange County, California ("District") has heretofore adopted Ordinance No. 317, an Ordinance Establishing Wastewater Discharge Regulations for Use of District Sewerage Facilities; and, WHEREAS, Section 309 of Ordinance No. 317 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. 3 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 District's 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. 3 of Orange County, California, does hereby ORDAIN as follows: Section 1: Section 309 of Ordinance No. 317 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 Ibs per day Biochemical Oxygen Demand z 105 Ibs 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 Weighted - 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. 317, 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') 1399 gpd x CFC'x 58% + (BOD, Ibs/d-) 10.83 Ibs/d x CFC x 19% + (SS, Ibs/d)/0.83 Ibsld 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 dale 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. air, Board 97 Directors County Sanitation District No. 3 of Orange County, California S cretary oft 8oW of Directors County Sanita on rict No. 3 of _ Orange County, Califomia Fs322 -4- STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of County Sanitation District No. 3 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 322 was passed and adopted at a regular meeting of said Board on the 24th day of May, 1995, by the following vole, to wit: AYES: Sal A. Sapien, Chair, Steve Anderson, George Brown, John Collins, Don R. Griffin, Victor Leipzig, Wally Linn, Pat McGuigan, Margie L. Rice, Julie Sa, Sheldon S. Singer, Charles E. Sylvia, Bob Zama] NOES: None ABSTENTIONS: None ABSENT: Cecilia Age, Burnie Dunlap, Roger R. Stanton IN WITNESS WHEREOF, I have hereunto set my hand this 241h day of May, 1995. A�4 Penny Kyle Secretary of(de Ourd of Directors County Sanitation District No. 3 of Orange County, California FW322