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HomeMy WebLinkAboutOrdinance No. 705 ORDINANCE NO. 705 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. 701. The Board of Directors of County Sanitation District No. 7 of Orange County, California, does ordain as follows: ARTICLE 1 Ordinance No. 701 entitled "An Ordinance Providing Rules and Regulations Relating to Connections to District Trunk Sewers" is hereby repealed.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) Assessment Charges. Are those charges paid directly by the property owner for the construction of street sewers. (b) Connection Manhole. Shall mean a manhole constructed in the main line of a District trunk or subtrunk 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. (c ) District Connection Charge. Is a connection charge imposed directly by District No. 7 as a charge for the use of the District' s sewer system and falls into the following categories: (1 ) Regular Connection Charge. Is the charge imposed on all property owners for connection to a street sewer. (2) Direct Connection Charge. Is the charge imposed on a single-family residence owner for direct connection to a trunk, subtrunk or main sewer. (3) Commercial or Industrial Direct Connection Charge. Is the charge imposed on commercial or industrial establishments for direct connection to trunk or subtrunk -1- sewer. Commercial and industrial establishments shall include property owned or occupied by governmental agencies and non-profit corporations and organizations. (d) District Sewerage Facility. Shall mean any property belonging to County Sanitation District No. 7 used in the treatment, transportation or disposal of sewage or industrial wastes. (e) 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. (f) Industrial Waste. Shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature. (g) 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. (h) Main Sewers. Are those financed in part or totally by District connection charges or by developers and which form the connecting links between the trunk or subtrunk sewers and the street sewers, including pumping facilities when such are necessary. (1) Pretreatment. Shall mean treatment prior to discharge Into a District sewerage facility by means of an industrial waste treatment plant or facility. (J ) Public Corporation. Shall mean any city, district or other public agency duly authorized under the laws of the State of California. (k) Sewerage Facilities. Are any facilities used in the collection, transportation, treatment or disposal of sewage and industrial wastes. (1) Street Sewers. Are those constructed as a result of local initiative and financing in tracts, subdivisions, commercial and industrial developments or other built-up areas through the use of assessment proceedings under the Street Improvement Act of 1911 or otherwise. Street sewers include dry sewers installed by developers prior to construction of trunk and subtrunk sewers. (m) Trunk or Subtrunk Sewers. Are sewer lines purchased -2- or constructed in accordance with the Engineer's Report to District No. 7 dated November 1961. (n) Trunk sewer Manholes. 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 sewerage facilities of the District without a valid permit. (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 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 connec- tion to a District sewerage facility 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, regula- tions 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 ) Surcharges for Use Permit. The District hereby establishes the quantity of 7,500 cubic feet of sewage or industrial waste per month per acre of territory served as the maximum allowable effluent to be discharged into -3- the District' s sewerage facilities without the payment of surcharges. Each user discharging more than 7,500 cubic feet of 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. Measurements may be required by the permittee, or permittee's effluent may be considered equivalent to the water (excepting irrigation water) purchased by the permittee. Permittee 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 ordinance. (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 regula- tions of the District thirty (30) days after receiving a formal written notice of such violation and a demand for correction 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. (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 $100.00. 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 permittee at least fifteen (15) days in advance of action by the Board of Directors. The same noticing procedure set forth hereinabove shall apply for intermittent or sporadic violators; and in lieu of a -4- suspension of permit, the District Directors may impose a fine of not less than $100.00 per day or any part of a day for intermittent violations. The amount of the fine may be directly related to increased treatment costs occasioned to the District by reason of such violations and/or damage caused to the sewerage facilities of the District by such violations. In such cases the formal written notice of violation shall set forth the fine 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. The permit application shall be supplemented by such plans, specifications 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 at the time the permit application is filed. (g) Disposition of Charges. All charges established under this Article, when collected, shall be deposited in the District' s Operating Fund. ARTICLE 4 - PERMIT CHARGES (a) The regular connection charges for each single family dwelling connected to a sewer discharging into a District sewerage facility, excepting those so connected prior to March 1, 1962, shall be $50.00. (b) The regular connection charge for each multiple unit dwelling connected to a sewer discharging into a District sewerage facility, excepting those so connected prior to March 1, 1962, shall be $25.00 plus $25.00 per dwelling unit contained therein. (c) The regular connection charge for each commercial or industrial establishment connected to a sewer discharging into a District sewerage facility, excepting those so connected prior to March 1, 1962, shall be $25.00 plus $30.00 per one-fourth acre of area or major portion thereof. "Area" as herein used shall mean the -5- entire property served by such connection. (d) The direct connection charge for each dwelling (in- cluding multiple unit dwellings ), excepting for those connected prior to March 1, 1962, shall be $200.00 in addition to the regular connection charge, provided connection is made at the time of con- struction of the sewer to which it is connected. If connection is made subsequent to said construction, the charge shall be $250.00 in addition to the regular connection charge. (a) The direct connection charge for each commercial or industrial establishment, excepting those so connected prior to March 1, 1962, shall be $225.00 plus $30.00 per one-fourth acre of area or major portion thereof, provided that said connection is made at the time of the construction of the sewer to which it is connected. If the connection is made subsequent to said construction, the charge shall be $275.00 plus $30.00 per one-fourth acre of area or major portion thereof. "Area" as herein used shall mean the entire pro- perty served by such connection. (f) Interpretation of permit Regulations. If the factual situations presented do not follow precisely 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. (g) Appeal. If an applicant disagrees with the require- ments directed by the General Manager in this Article, he or it may appeal by written notice stating his or its grievance. The Board of Directors shall hear such appeal at its regular meeting next occurring -6- 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. ARTICIE 5 - PENALTIES AND SURCHARGES FOR VIOLATIONS (a) Permits Subsequently Obtained. Any person or public corporation connecting to a District sewerage facility or connect- ing to a sewerage facility which discharges into a District sewerage facility without first having obtained a permit as herein provided shall be charged double the amount hereinabove described for his or its permit. (b) Violations. (1) For each day or part of a day any person is without a valid permit connected directly to a District sewerage facility or to a sewerage facility which dis- charges into a District sewerage facility, he shall be liable to the District in the sum of $5.00 per day; and each day or part of a day such violation continues shall be a separate and additional violation. (2) For each day or part of a day any public corpora- tion is without a valid permit connected directly to a District sewerage facility or to a sewerage facility which discharges into a District sewerage facility, it shall be liable to the District in the sum of $25.00 per day; and each day or part of a day such violation continues shall be a separate and additional violation. ARTICLE 6 - FACILITIES REVOLVING FUND There is hereby established the Facilities Revolving Fund of the District. All charges as established by Article 4 and Article 5 hereof, when collected, shall be deposited in said fund. Said fund shall be used only for the acquisition, construction, re- construction, maintenance and operation of sewerage facilities and other purposes described in Section 5474.9 of the California Health -7- and Safety Code. ARTICLE 7 - ENFORCEMENT The provisions of this ordinance may be enforced by civil action at law and/or by injunction. In this connection these regu- lations shall be construed as a contract by the County Sanitation District No. 7 of Orange County, California, and each permittee. ARTICLE 8 - 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 pro- visions or portions of this ordinance; and to this end the Hoard of Directors of County Sanitation District No. 7 of Orange County, California hereby declares that it would have adopted this ordinance and each and every article, section, subsection, 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 9 - EFFECTIVE DATE AND URGENCY 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 Tustin News, a weekly newspaper of general circulation printed, published and circulated in County Sanitation District No. 7 of Orange County, California. The Board of Directors finds and declares that numerous applications for connections to, construction of, and the use of sewerage facilities are being made by reason of the rapid growth and development within the District and the successful sewer bond issue of the District. The Board of Directors further finds that rapid -8- development within the District demands and requires the establish- ment of procedures, regulations and standards for sewerage facilities in order to immediately preserve the public health and safety. For the foregoing reasons this ordinance shall be effective immediately upon its passage. PASSED AND ADOPTED by the Hoard of Directors of County Sanitation District No. 7 of Orange County, California, at an adjourned regular meeting held on the 28th day of February 1962. 4 man o e o r o recce ATTEST QtFDirectors e e ary o e Board -9- STATE OF CAISFORNIA) SS. COUNTY OF ORANGE ) I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 7 of Orange County, California, do hereby certify that the foregoing Ordinance No. 705 was passed and adopted at an adjourned regular meeting of the Hoard of Directors of County Sanitation District No. 7 on the 28th day of February 1962 by the following roll call vote, to wit: AYES: Directors Jerome Kidd, Dee Cook, A. Allen Hall, A. H. Meyers, Rex A. Parks and C. M. Featherly NOES; Directors None AHSENT: Directors None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation District No. 7 of Orange County, California, this 28th day of February 1962. Secretary or the Board or DireciFo—rs of County Sanitation District No. 7 of Orange County, California -10-