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HomeMy WebLinkAboutOrdinance No. 502 ORDINANCE NO. 503 ' AN ORDINANCE AMENDING ORDINANCE NO. 502 PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS, AND REPEALING ORDINANCE NO. 501. The Board of Directors of County Sanitation District No . 5, of Orange County, California, does ordain as follows: ARTICLE 1 ARTICLE 4 - PERMIT CHARGES, under Ordinance No. 502 is hereby amended to read as follows: "ARTICLE 4 - CONNECTION CHARGES "Before any connection permit shall be issued, the applicant shall pay to the District or its agent the charges specified herein. " (a) Connection Charge for New Construction, Single Dwelling Buildings. For each new single dwelling building constructed, the connection charge shall be $120.00. "(b) Connection Charge for New Construction, Multiple Dwelling Buildings. For each new multiple dwelling building constructed, the connection charge shall be $120.00 for each dwelling unit or $6.00 for each plumbing fixture unit contained within such construction, whichever sum is less. " (a) Connection Charges for New Construction, Other than Dwelling Units. For all other new construction including but not limited to commercial, industrial and public building construction, the connection charge shall be $6.00 for each plumbing fixture unit contained within such construction, pro- vided that the minimum connection charge for such new con- struction shall be $60.00. "(d) Connection Charges for Replacement Buildings. For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in paragraphs (a), (b), and (c) hereinabove. If such replacement construction is commenced within two years after demolition or destruction of the former building, and such demolition or destruction occurs after July 1, 1965, a credit against such charges shall be allowed calculated at $120.00 per dwelling unit replaced or $6.00 per plumbing fixture unit replaced, whichever sum is more. " (e) Connection Charges for Additions to or Alterations of Existing Buildings. For additions to or alterations of existing buildings, the connection charge shall be $6.00 for each plumbing fixture unit added, provided that no charge shall be made for the first twelve (12) fixture units added. In the event that such alterations or additions include the elimination of existing fixture units, a credit, calculated on the same basis, shall be allowed against the connection charge for such alterations or additions. "When Charge is to be Paid. Payment of connection charges shall be required at the time of the issuance of the building permit for all construction within the District, ex- cepting in the case of a building legally exempt from the requirement of obtaining a building permit in the City of Newport Beach. The payment of the sewer connection charge for such buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any con- struction within the territorial limits of the District. "Schedule of Charges. A schedule of charges specified herein will be on file in the office of the Secre- tary of the District and in the office of the Building Depart- ment of the City of Newport Beach and will be based on plumbing fixture units as defined and specified in Sections 402 and 403 of the Western Plumbing Officials Uniform Plumb- ing Code, 1964 Edition, as adopted by the City of Newport Beach on March 24, 1965. " -2- ARTICLE 2 - VALIDITY Y'f any article, section, subsection, sentence, clause or phrase of this ordinance, or the application of any thereof to any person, entity, public corporation or circumstance be held to be invalid for any reason, such invalidity shall not affect the validity of any other provision or application of any of the remaining provisions or portions of this ordinance; and to this end the Board of Directors of County Sanitation District No. 5, of Orange County, California, hereby declares that it would have adopted this ordinance and each and every article, section, sub- section, sentence, clause or phrase thereof irrespective of the fact that any one or more other articles, sections, subsections, sentences, clauses or phrases, or the application of any thereof to any person, entity, public corporation or circumstance be declared invalid. ARTICLE 3 - EFFECTIVE DATE The Chairman of the Board of Directors shall sign this ordinance and the Secretary of the District shall attest thereto and certify to the passage of this ordinance, and shall cause the same to be published once in the DAILY PILOT , a daily newspaper of general circulation, printed, published and circulated in County Sanitation District No. 5, of Orange County, California, within fifteen (15) days after the date of the passage of this ordinance by said Board of Directors, and said ordinance shall take effect March 1, 1966. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5, of Orange County, California, at a special meeting held the 24th day of January , 1966. Chairman, Board of Directors o ATTEST: / County Sanitation District No. 5 ecretary, Board of Di ec ors Of County Sanitation District No. 5 -3- 4 ORDINANCE NO. 502 AN ORDINANCE PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS, AND REPEAL- ING ORDINANCE NO. 501. The Board of Directors of County Sanitation District No. 5, of Orange County, California, does ordain as follows : ARTICLE 1 Ordinance No. 501 entitled "An Ordinance Providing Rules and Regulations Relating to Connections to District Trunk Sewers" Is hereby repealed. ARTICLE 2 - DEFINITIONS For the purposes of this ordinance, certain words and terms are defined as follows: (a) Connection Manhole. Shall mean a manhole constructed in the main line of a District trunk or sub-trunk sewer not as a part of the original construction, or a manhole built adjacent thereto, for the purpose of permitting sewage to flow into a District sewer. (b) District Connection Charge. Is a connection charge imposed by District No. 5 as a charge for the use of District' s sewerage facilities whether such connection is made directly to a District sewerage facility or to a sewer which ultimately dis- charges into a District sewerage facility. (c) District Sewerage Facility. Shall mean any property belonging to County Sanitation District No. 5 used in the treat- ment, transportation or disposal of sewage or industrial wastes. (d) Domestic Sewage. Shall mean the waterborne wastes derived from the ordinary living processes which are of such volume and character as to permit satisfactory disposal into a public sewer. (e) Industrial Waste. Shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufactur- ing or processing operation of whatever nature. (f) Industrial Waste Treatment Plant or Facility. Shall mean any works or device for the treatment of industrial waste prior to its discharge into the District sewerage facilities . (g) Plumbing Fixture Unit. A plumbing fixture unit as used in this Ordinance is defined as being the same as set forth in the Western Plumbing Officials Uniform Plumbing Code, 1964 Edition, as adopted by the City of Newport Beach, on March 24, 1965, a copy of which is on file in the office of the Secretary of the District. (h) Pretreatment. Shall mean treatment prior to dis- charge into a District sewerage facility by means of an industrial waste treatment plant or facility. (i) Public Corporation. Shall mean any city, district or public agency (other than County Sanitation District No. 5 of Orange County), duly authorized and existing under the laws of the State of California. (J) Sewerage Facilities. Are any facilities used in the collection, transportation, treatment or disposal of sewage and industrial wastes . (k) Single Family Dweiing. A single family dwelling is defined as a building containing only one kitchen designed for or used to house not more than one family including all necessary employees of such family. (1) Trunk Sewer PL.nhol.es. Shall mean those manholes constructed as a part of the District' s sewer system. ARTICLE 3 - PERMIT REGULATIONS (a) Requirements. No person or public corporation shall be permitted to connect to, use or maintain a connection to the -2- sewerage facilities of the District without a valid permit. This shall mean that all new construction occurring within the bounda- ries of the District from and after the effective date of this ordinance shall be required to have a valid permit from County Sanitation District No. 5 before it can connect to a sewerage facility or discharge sewage or industrial waste into a sewerage facility within the District. (b) Condition Precedent. No permit shall be valid unless the real property to be sewered by use of the permit shall be in- cluded within the boundaries of County Sanitation District No. 5 and within the boundaries of a public corporation authorized to maintain public sewerage works. (c) Permit. (1) The permit shall be in two parts; First a connection permit for the purpose of authorizing connection to a District sewerage facility or sewerage facility subject to a District connection charge as hersinabove defined under conditions set forth in said permit; and secondly, a use permit for dis- charging sewage and industrial wastes into District sewerage facilities in accordance with the rules, regulations and ordinances of the District as to characteristics, quality and quantity of sewage . (2) The use permit may prescribe requirements as to a connection manhole, an industrial waste treatment plant or facility, or pretreatment, all to insure compliance with the District regulations as to characteristics, quality and quantity of sewage and industrial wastes . Any such requirements shall be set forth in the permit by the General Manager. -3- (3) Surcharges for Use Permit. The District hereby establishes the quantity of 7,500 cubic feet of non-residential sewage or industrial waste per month per acre of territory served as the maximum allowable effluent to be discharged into the District's sewerage facilities without the payment of surcharges. Each user discharging more than 7,500 cubic feet of non-residential sewage or industrial wastes per month per acre shall be charged $0.50 per 1,000 cubic feet or any portion of 1,000 cubic feet in excess of the 7,500 cubic feet maximum. Measure- ments may be required by the permittee, or permittee's effluent may be considered equivalent to the water or some portion of the water (excepting irrigation water) purchased or used by the permittee. Per- mittee shall upon demand provide District with his or its water usage records . (4) All existing permits shall be modified or amended to comply with the provisions of this ordi- nance. (d) Suspension of Use Permit. The second part of the permit may be suspended if a permittee is acting in violation of any provision of the permit or of the ordinances, rules or regu- lations of the District thirty (30) days after receiving a formal written notice of such violation and a demand for correc- tion thereof from the District. Such formal written notice shall be given only upon recommendation of the General Manager and approval of the Directors of the District. No formal written notice of violation shall be authorized unless the General Manager of the District has first given an informal written notice of violation to the subject -4- permittee at least fifteen (15) days in advance of action by the Board of Directors. (e) violation. For each day or part of a day a permittee whose permit has been suspended continues to discharge sewage or industrial wastes into a District sewerage facility in violation of the permit or of the ordinances, rules or regulations of the District, he or it shall be charged the sum of ten percent (10%) of the District connection charge applicable to his or its permit. The same noticing procedure set forth hereinabove shall apply for intermittent or sporadic violators; and in lieu of a suspension of permit, the District Directors may impose a fine of not less than ten percent (10%) of the District connection charge applicable to his or its permit per day or any part of a day for intermittent violations . Notwithstanding the foregoing, if the violation of a permittee causes damage to the sewerage facilities of the Dis- trict, the District shall have the right to charge and collect for the damages to its facilities caused by such violations by an action of law. In all cases a formal notice of violation as herein- above provided for shall set forth the fine or other charges to be imposed for violations after the thirty (30) day correction period. (f) Procedure to Acquire Permit. An applicant for a permit or his agent shall make application on a form furnished by the District or an agent designated to act for the District. The permit application shall be supplemented by such plans, speci- fications or other information considered pertinent in the judgment of the General Manager of the District. The permit fees and charges as hereinafter described shall be paid to the District or an agent designated to act for the District. -5- ARTICLE 5 - FACILITIES REVOLVING FUND There is hereby established the Facilities Revolving Fund of the District. All charges ac established by Article 4 hereof, when collected, shall be deposited in said Fund. Said Fund may have one or more accounts within itself to be used for the purposes of accounting for the sewer connection fees originating in various territorial areas of the District. Said Fund shall be used only for the acquisition, construction, reconstruction, maintenance and operation of sewerage facilities and other purposes described in Section 5474.9 of the Health and Safety Code of the State of California. ARTICLE 6 - INTERPRETATION OF PERMIT ELGULATIONS If the factual situations presented do not follow pre- . cisely within the rules herein promulgated in this Article, the General Manager shall interpret them in a reasonable manner. In making such interpretations, the General Manager shall be guided by the policy of the District, which is hereby stated as follows. It is the policy of the Directors of the District to base fees and charges in accordance with the benefits and uses supplied by the District. Those receiving the greatest benefits and most use of the facilities provided by the District shall proportionately bear more of the costs and expenses of the District. ARTICLE 7 - APPEAL If an applicant disagrees with the requirements directed by the General Manager in Article 5, he or it may appeal by written notice stating his or its grievance . The Board of Direc- tors shall hear such appeal at its regular meeting next occurring fourteen (14) days after the filing of such written appeal or sooner at the pleasure of the Directors . The decision of the Directors shall be final. -7- Y . ARTICLE 8 - PENALTIES AND VIOLATIONS For each day or part of a day that any person, govern- mental agency or public corporation is without a valid permit and is connected directly to a District sewerage facility or to a sewerage facility which discharges into a sewerage facility, he or it shall be liable to the District in a sum equal to ten per- cent (10%) of the permit charge applicable to the property so connected. ARTICLE 9 - ENFORCEMENT The provisions of this ordinance may be enforced by civil action at law and/or by injunction. In this connection these regulations shall be construed as a contract by County Sanitation District No. 5, of Orange County, California, and each permittee. ARTICLE 10 - VALIDITY If any article, section, subsection, sentence, clause or phrase of this ordinance, or the application of any thereof to any person, entity, public corporation or circumstance be held to be invalid for any reason, such invalidity shall not affect the validity of any other provision or application of any of the remaining provisions or portions of this ordinance; and to this end the Board of Directors of County Sanitation District No. 5, of Orange County, California, hereby declares that it would have adopted this ordinance and each and every article, section sub- section, sentence, clause and phrase thereof irrespective of the fact that any one or more other articles, sections, subsections, sentences, clauses or phrases, or the application of any thereof to any person, entity, public corporation or circumstance be declared invalid. ARTICLE 11 - EFFECTIVE DATE The Chairman of the Board of Directors shall sign this Ordinance and the Secretary of the District shall attest thereto -8- and certify to the passage of this Ordinance, and shall cause the same to be published once in the DAILY PILOT, a daily newspaper of general circulation, printed, published and circulated in County Sanitation District No. 5, of Orange County, California, within fifteen (15) days after the date of the passage of this Ordinance by said Board of Directors, and said Ordinance shall take effect July 1, 1965. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 5, of Orange County, California, at an adjourned regular meeting held on the 24th day of May, 1965. Chairman of the Board o Directors ATTEST: �i L Q. cGc ecretary of the oa rd of rec ors -9- STATE OF CALIFORNIA.) 3 COUNTY OF ORANGE SS. I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 5, of Orange County, California, do hereby certify that the foregoing Ordinance No. 502 was passed and adopted at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 on the 24th day of May, 1965, by the following roll call vote, to wit: AYES: Directors James Stoddard, Paul J. Gruber and William Hirstein NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation District No. 5, of Orange County, California, this 24th day of May, 1965. C: L Q . Fred A. Harper, Secretarylof the Board of Directors of County Sanitation District No. 5, of Orange County, California (g) Disposition of Charges . All surcharges and penal- ties under this Article, when collected, shall be deposited in the District's Operating Fund. ARTICLE 4 - PERMIT CHARGES The District connection charge shall be determined as follows : (a) A charge of $120.00 per unit for all new single family dwellings within the District. (b) All other construction including but not limited to multiple family dwellings, commercial, industrial and public building construction shall be charged a connection fee in accord- ance with the number of plumbing fixture units contained within such construction. The connection fee shall be calculated to be a sum totalling $6.00 per plumbing fixture unit, provided that the minimum sewer connection fee shall be $120.00 for all new construction as differing from the remodeling of or additions to a structure already connected. to an existing sewer. A schedule of such charges will be on file in the office of the Secretary of the District and in the office of the Building Department of the City of Newport Beach and will be based on plumbing fixture units as defined and specified in the Western Plumbing Officials Uniform Plumbing Code, 1964 Edition, as adopted by the City of Newport Beach on March 24, 1965. (c) Payment of a sewer connection fee shall be required at the time of the issuance of the building permit for all con- struction within the District, excepting in the case of a building legally exempt from the requirement of obtaining a building permit in the City of Newport Beach. The payment of the sewer connection fee for such buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construc- tion within the territorial limits of the District. -6- J STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 5, of Orange County, California, do hereby certify that the foregoing Ordinance No. 503 was passed and adopted at a special meeting of the Board of Directors of said County Sanitation District No. 5 on the 24th day of January, 1966, by the following roll call vote, to wit: AYES: Directors Lindsley Parsons and Paul J. Gruber NOES: NONE ABSENT: Director Alton E. Allen IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation District No. 5, of Orange County, California, this 24th�/dda'y of January, 1966. Fre xarper, sec re ry of the Board of Directors of County Sanitation District No. 5, of Orange County, California