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hereby repealed.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-