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HomeMy WebLinkAboutOrdinance No. 709 r ORDINANCE NO. 709 AN ORDINANCE PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING PENALTIES FOR VIOLATIONS, AND REPEAL- ING ORDINANCES NOS. 705, 706 AND 708. The Board of Directors of County Sanitation District No. 7, of Orange County, California, does ordain as follows : ARTICLE 1 - 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) Assessment District Sewers . Shall mean those sewerage facilities owned or controlled and maintained by County Sanitation District No. 7 which were constructed or acquired by means of special assessment district proceedings in accordance with the provisions of Health and Safety Code Section 4771. (c) 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. (d) District Connection Charge. Is a connection charge imposed directly by County Sanitation District No. 7 as a charge for the use of the District's sewerage system and falls into the follow- ing categories : (1) Regular Connection Charge. Is the charge imposed on all property owners for connection to a sewer owned by the District or a sewer discharging into a District sewerage facility. (2) Trunk Connection Charge. Is the charge im- posed on the owner of real property for a direct con- -1- nection of that real property to a trunk sewer owned or maintained by the District. (3) Assessment District Connection Charge. Is the charge imposed on real property not assessed within an assessment district that connects to an assessment district sewer. (e) 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 . (f) Domestic Sewage . Shall mean the water-borne wastes derived from the ordinary living processes which are of such volume and character as to permit satisfactory disposal into a public sewer. (g) Industrial Waste . Shall mean any and all liquid or solid waste substance, not sewage, from any producing, manufacturing or processing operation of whatever nature . (h) 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 . (i) 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 by developers or real property owners excepting those constructed by special assessment districts. -2- (m) Trunk Sewers . Are trunk and subtrunk sewer lines owned or maintained by the District as distinguished from street sewers and assessment district sewers. (n) Trunk Sewer Manholes . Shall mean those manholes con- structed as a part of the District' s sewerage system. ARTICLE 2 - 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 County Sanitation District No. 7 and within the boundaries of a public corporation (other than County Sanitation District No. 7) 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 con- nection to a District sewerage facility under condi- tions set forth in said permit; and secondly, a use permit for discharging 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, industrial waste treatment plant or facility, or pretreatment, all to insure compliance with the District regulations as to charac- teristics, 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 sewage or industrial wastes per month per acre of real property served and subject to District' s ad valorem tax as the maximum allowable effluent to be discharged into the District's sewerage facilities without the payment of surcharges . Each user subject to District' s ad valorem tax and 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 foot maximum. Each user not subject to District's ad valorem tax and dis- charging more than 10,000 cubic feet of sewage and industrial wastes per month from any one premise shall be charged $0.50 per 1,000 cubic feet or any portion of 1,000 cubic feet discharged from such premise. Public school districts and agencies of the County of Orange shall be exempt from payment of any surcharge herein established. Measurements may be required by the permittee, or permittee's effluent may be considered equivalent to the water (excepting irrigation water) purchased by the per- mittee. 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 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 regula- tions of the District thirty (30) days after receiving a formal -4- 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. No formal written notice of violation shall be authorized unless the General Manager of the District has first given an in- formal written notice of violation to the subject permittee at least fifteen (15) days in advance of action by the Board of 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 Dis- trict, 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 sus- pension 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 per- mittee causes damage to the sewerage facilities of the District, 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 hereinabove 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 per- mit or his agent shall make application on a form furnished by the District. The permit application shall be supplemented by such -5- 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 or an agent designated to act for 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 3 - 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 entire property served by such connection. "Commercial or industrial establishment" as used herein shall include property owned or occupied by governmental agencies and nonprofit corpora- tions and organizations. (d) The trunk connection charge shall be $5.00 per front foot for the real property fronting on and connecting to a trunk sewer, provided that no trunk connection charge shall be less than $250.00. Any such real property with a depth in excess of 150 lineal feet shall be charged an additional charge equal to $200.00 per acre for that portion of the real property having a depth -6- greater than 150 lineal feet from the front property line, which shall be measured from the street easement, if any. The trunk con- nection charge, where applicable, shall be in addition to the regular connection charges provided for in Subsections (a), (b) and (c) of this ARTICLE 3. (e) The assessment district connection charge for the connection of improvements on real property to assessment district sewers shall be, in addition to the regular connection charges provided for in Subsections (a), (b) and (c) of this ARTICLE 3, a sum of money equal to the assessment charge without interest or Treasurer's charges that would have been made against the real property on which such improvements are located had said real property been assessed within the assessment district which con- structed or acquired the assessment district sewer to which con- nection is proposed to be made. ARTICLE 4 - 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. ARTICLE 5 - APPEAL If an applicant disagrees with the requirements 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 fourteen (14) -7- days after the filing of such written appeal or sooner at the pleasure of the Directors. The decision of the Directors shall be final. ARTICLE 6 - PENALTIES FOR VIOLATIONS For each day or part of a day that any person, governmental 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 District sewerage facility, he or it shall be liable to the District in a sum equal to .ten percent (10%) of the permit charge applicable to the property so connected. ARTICLE 7 - FACILITIES REVOLVING FUND There is hereby established the Facilities Revolving Fund of the District. All charges as established by ARTICLE 3 and ARTICLE 6 hereof, when collected, shall be deposited in said fund. 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 California Health and Safety Code. ARTICLE 8 - 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 9 - REPEALS Ordinances Nos . 705, 706 and 708 heretofore adopted and in force in the District are hereby repealed on the effective date of December 31, 1965, at 11:59 p.m. ARTICLE 10 - VALIDITY If any article, section, subsection, sentence, clause or phrase of this ordinance, or the application of any thereof to any -8- person, entity, public corporation or circumstance, be held to be invalid for any reason, such invalidity shall not affect the valid- ity 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. 7, of Orange County, California, hereby declares that it would have adopted this ordi- nance 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 11 - 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 The Tustin News, a weekly news- paper of general circulation printed, published and circulated in County Sanitation District No. 7, 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 January 1, 1966. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 7, of Orange County, California, at a regular meeting held on the 14th day of July, 1965. airman of the Board ATTEST: cretary o �he Board qf irectors -9- $UTE OF CALIFORNIA) 83, COUNTY OF ORANGE 3 I, FREDD A. HA84M, Secretary of the Board of Directorg of County Sanitation District No. 7, of Orange County, California, do hereby certify that the foregoing Ordinance No. 709 was passed and adopted at a regular meeting of the Board of Directors of County Sanitation District No. 7 on the 14th day of July, 3965, by the following roll call vote, to wit: AYES: Directors William Hirstein, Dee Cook, Harry H. Harvey, A . H. Meyers, Clifton C.. Miller and Rex A. Parka NOES: NONE ASSENT: NONE IN WITNESS WHEREOF, I have hereunto set sly hand and affixed the official seal of County Sanitation District No. 70 of Orange County, California, this 14th day of July, 1965. Fred A. rpex; ueeretary o$ tia Board of Directors of County Sanitation District No. 7, of Orange County, California