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. "
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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
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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
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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.
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(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
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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.
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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.
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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
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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
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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.
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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