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HomeMy WebLinkAboutOrdinance No. 1102 ORDINANCE N0, 1102 Ara M;M`, 7CE ESTABLISHING RULES AND REGULATIONS 'Po CONNECTION AND USE OF DISTRICT ACILITIES, QUALITY CRITERIA, RLASONABLE V; C7i 'Pr;[;IA, CHARGES FOR CONNECTION TO AND USE OW JWs T�;ac`r'S SEWERAGE FACILITIES, PROVIDING ;i:nc,'uc;s FOR VIOLATION, AND REPEALING, ORDINANCE No. 1101 • � The Board of Directors of County Sanitation District No. 11, of Orange County, California, does ordain as follows : ARTICLE 1 - PURPOSE The purpose of this ordinance is to provide for the maximum Public benef5_t from the use of the District's facilities by regulating the qua_t- t.;,, r,r_,a quantity of sewage and industrial waste discharged thereto � r,�! to pzov' ao for charges for the use thereof when such use Is disproportionate to Di.striet costs imposed on other property within the District. The revenues to be derived from the application of this ordinance shall be used to defray the costs of, including the re- payment of principal and interest on bonds issued for the acquisition, construction or reconstruction and the maintenance of an adequate ' sewerage system to serve the territory of the District excepting that no revenue , derived from this ordinance shall be used for the acqui- sition or construction of new local street sewers or laterals as distinguished from main trunk interceptor and outfall sewers. ARTICLE 2 - DEFINITIONS (a) Assessed Valuation - Shall mean that portion of the total assessed valuation of the property producing and discharging sewage or industrial waste upon which District taxes are levied in the fiscal year beginni.nG in the calendar year in which the discharge takes place. Property -producing and discharging sewage or industrial waste shall include all. the real property and improvements in the DIstrIct used, ormcd, .leased, occupied or maintained by or for the u cr whether or not sewage or industrial taa {:e it, generated by a II I II I I I019'0950652800 1 1 tll 00190930631800 particular improvement and shall include, but not be limited toj . offices, landscaped areas, parking lots, warehouses and incidental improvements. It shall also include unimproved land located in the District when such land is used, owned, leased, occupied or maintained by the user. For property upon which no District tax is levied, the assessed valuation will be considered to be zero. (b) District - Shall mean County Sanitation District No. 11, of Orange County. (c) General. Manager - Shall mean the individual duly designated by the Board of Directors of the District to administer this ordinance, • - - - (d) Industrial Waste - Shall mean the waterborne waste and wastewater from any producing, manufacturing, or processing operation of whatever nature, including institutional and commercial operations where water is used for laundering, vehicle cleaning, or the removal of significant quantities of wastes of non--human origin. (e) '*Local SewerinAgency - Shall mean any public corporation r duly authorized under the laws of the State of California to construct and/or maintain public sewers, (f) Excess Capacity - Shall mean the hydraulic use of a District facility for peak flow rate greater than reasonable use. (g) Peak Flow Rate - Shall mean the annually determined highest flow rate of sewage or industrial waste discharged to a public sewer over a period of at least 15 minutes at any time during the preceding 12-month period. In the absence of actual peak flow rate data, peak flow rate may be considered at 1,6 times the greatest metered eight-hour water use during the preceding 12-month period, provided that where peak flow rate is established for permittees on the effective date of this ordinance, the permittee certifies that said eight-hour water use was for normal operations and not the result of extraordinary .circumstances, -2- (h) Pre-Treatment Facility - Shall mean any works or device for the treatment or flow limitation of sewage or industrial waste, prior to discharge into a public sewer. (1) Public Corporation - Shall mean any City, District, or other public agency duly organized under the laws of the State of California. (j) Reasonable Use - Shall mean the rate of discharge of sewage or industrial waste and the suspended solids contained therein to which a user connected to a public sewer shall be entitled to discharge to said sewer without payment of excess capacity connection charges or use charges by virtue of the assessed valuation of said property and other criteria. For the purpose of computing excess capacity connection charges, reasonable use is hereby established at 25,000 gallons per day peak flow rate per $100,000 of assessed valuation. For purposes of computing use charges, reasonable use is hereby established at 10 million gallons per year and 15 dry tons of suspended solids per year per $100,000 of assessed valuation. In the event a person producing sewage or industrial waste maintains more than one operation in the District, peak flow rate, annual flow, annual suspended solids and assessed valuation shall be combined for all such operations for the purpose of determining reasonable use and computing excess capacity connection charges and use charges. (k) Sewage - Shall mean the wastewater derived from human use of buildings for ordinary residential, institutional or commercial purposes. (1) Standard Methods - Shall mean procedures described in the Twelfth edition of "Standard Methods for the Examination of Water and Wastewater" as published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. (m) Suspended Solids - Shall mean any insoluble solid matter contained as a component of sewage or industrial waste and capable of separation from the liquid portion of said waste by laboratory filtra- -3- tion, provided, however, no insoluble solid matter shall be included if permittee can demonstrate that it is non-putrescible and results from planned water conservation or reuse within the premises of permittee. (n) User - Shall mean any person or public corporation discharging sewage or industrial waste to a sewerage facility of the District or to a sewerage facility of a local sewering agency, which facility discharges to a District facility. ARTICLE 3 - PERMITS _ (a) When Required - No person or public corporation shall be permitted to connect to, use, or maintain connection to the sewerage facilities of the District without the permits required and issued as hereinafter provided. No person or public corporation shall be permitted to use or maintain a connection for the discharge of industrial waste to a sewerage facility of a local sewering agency, which facility discharges to a District sewerage facility, without a valid permit issued as hereinafter provided. (b) Condition Precedent - No permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local sewering agency authorized to maintain public sewerage works; provided, however, a permit may be issued for property to' be served outside the boundaries .of a local sewering agency if a local sewering agency makes application for the issuance of such permit. (c) Information to be Furnished - The District may require, in connection with any application for a permit, that the applicant furnish data regarding present and anticipated future flows, quality of discharge and information concerning present and anticipated assessed valuation. (d) Permit for Connection To and Use of District Facility - Application for such permit shall be made to the District and permits shall be issued by the District in two parts: First, a connection -4- permit for the purpose of authorizing connection to a District's sewerage facility under conditions set forth in said permit; and secondly, a use permit for discharging sewage and industrial waste to the District 's sewerage facility. (1) A new connection permit is not required for existing connections to District's sewerage facilities. (2) The connection permit may prescribe requirements as i to the type of connection and the use permit may require the provision of pre-treatment facilities necessary to insure compliance with Articles 4 and 5 hereof. Any such requirements shall be set forth in the permit. (e) Industrial Waste Discharge Permit - Application for a permit to use District services and facilities for the treatment and disposal of industrial waste of more then 25,000 gallons per day for any operation shall be made to the District. Application for discharge of industrial waste of less than 25,000 gallons per day for any opera- tion shall be made when the operation in which the industrial waste originates is known or found to involve disposal of components which may exceed the quality requirements set forth in Article 4 hereof. The permit shall be issued by the District and shall be in accordance with the provisions of Articles 4 and 5 hereof. The permit may require the permittee to provide necessary pre-treatment facilities to insure compliance with Articles 4 and 5 hereof. Any such requirement shall be set forth in the permit. (f) Amendment of Permits - Any permit issued under the provisions of this Article 3 may be amended by the District after giving to the permittee a thirty (30) day notice of intention to amend where the permit given was based on incorrect information and the _ proposed amendment is for the purpose of making the permit conform to the actual factors involved as determined by the General Manager . ARTICLE 4 - QUALITY REQUIREMENTS (a) Substances Prohibited - No person or public corporation .shall discharge sewage or industrial waste into a District sewerage -5- facility or into a local sewering agency facility, which facility discharges to a District facility, when the components of such effluent cause the effluent to exceed the limits set forth herein or are in violation of the rules and regulations of the District esta- blished as hereinafter provided. (1) An eight-hour temperature average higher than 14oOF (2) More than 100 milligrams per liter of hexane soluble i material (fats and oils) or 25 milligrams per liter of floatable oil both based on an average concentration over an eight-hour period (3) A pH of less than 6.0 provided that at least 80% of the time in any eight-hour period, the pH shall be not less than 6.5 (4) Suspended solids or other substances of such a character or in such concentrations which result in improper functioning of any public sewer through which said solids are conveyed or in the improper operation of the Districts ' treatment facilities (5) Any liquid or gas or other substance which, singly or in combination with other substances, could cause an explosive, dangerously radioactive,. or toxic condition in the sewerage system of the District. (b) Rain Water Prohibited - No person or public corporation shall discharge or cause to be discharged to a District sewerage facility or to a local sewering agency facility, which facility discharges to a District facility, water from roof drains or other runoff water from rain storms or uncontaminated water not classified as sewage or industrial waste. . (c ) Additional Rules and Regulations - The General Manager of the District shall, from time to time as he deems necessary, prepare additional regulations as to the quality of sewage or industrial waste discharged to the sewerage facilities of the District or to the sewerage facilities of a local sewering agency, which facility dis- charges into a District facility. Said regulations shall be for the -6- purpose 'o£ insuring that sewage or industrial waste so discharged will not cause undue maintenance in the District's facilities, interfere with proper operation of the treatment plants, produce a noxious or malodorous gas, create a public nuisance, create hazards to structures, equipment and personnel, or create a violation of the requirements imposed upon the District by Federal, State or local regulatory agencies. Said regulations shall not be effective until after public I hearing and approval by resolution of the Board of Directors. The General Manager shall, thirty days before formal consideration of such resolution, mail a notice of such consideration to each person holding a valid industrial waste discharge permit. Such notice shall also be mailed to any person who has filed with the District a request for such notice. ARTICLE 5 - QUANTITY REQUIREMENTS In order to provide for reasonable use of the District's sewerage fecilities and in recognition of the fact that the trans- mission, treatment and disposal of domestic sewage is the highest and best use of the District's sewerage facilities, the General Manager may set forth, in any industrial waste discharge permit issued, requirements to limit the quantity of industrial waste discharged to a sewerage facility of the District or a local sewering agency when, in the opinion of the General Manager, the existing hydraulic capacity of the District's sewerage facilities would be unreasonabley used. Such requirements may limit the quantity of industrial wastes to be discharged with respect to any given unit of time and shall be subject to. appeal as provided in Article 12 hereof. ARTICLE 6 - PERMIT FEES AND CHARGES FOR CONNECTION AND USE (a) Connection Permit Fees - No application for a permit for a connection to a District sewerage facility shall be considered until a permit fee is paid by the applicant, provided, however, that such fee shall not be payable when a permit is issued for the reconnection .or alteration of an existing connection made by the District or at the -7- request of the District. Said permit fee shall be an amount set forth in a resolution duly adopted by the Board of Directors. (b) Industrial waste Discharge Permit Fees and Excess Capacity Connection Charges for Use Greater Than Reasonable Use - Except as hereinafter provided, no permit to use, for the disposal of industrial waste, a connection to a facility of the District or to a sewerage facility of a local sewering agency, which facility discharges into a District facility, shall, after the effective date of this ordinance, be issued until an industrial waste discharge permit fee is paid by the applicant. An industrial waste discharge permit fee shall be payable in an amount set forth in a resolution duly adopted by the Board of Directors and shall be based on the volume and characteristics of the industrial waste but in no event shall exceed $250 per year. Industrial waste permit fees shall be payable annually within thirty days after expiration date and upon invoicing by the District. Prior to commencement of use and upon invoicing by the District, an excess capacity connection charge shall be payable by a user when, during the 12-month period after commencement of use, the peak flow rate may be reasonably expected-to exceed 25,000 gallons per day unless such peak flow rate is a reasonable use as defined in Article 2 of this ordinance. Notwithstanding the foregoing sentence, no excess capacity connection charge shall be made for connections in use on the effective date of this ordinance unless there is an increase in peak flow rates of sewage and industrial waste which exceeds, by more than 5,000 gallons per day, the highest peak flow rate previously determined for such user. Subject to the provisions hereinabove, excess capacity connection charges payable shall be computed at the rate of $350 per 1,000 gallons per day of peak flow rate and, in the case of connections in use on the effective date of this ordinance, shall be payable on the lesser of the following amounts : (1) The amount the latest determined peak flow rate exceeds that determined for the 12-month period preceding the effective date of this ordinance, or -8- (2) The amount the latest determined peak flow rate exceeds the reasonable peak flow rate determined at the time of the increase. (c) Use Charges - Any person using a connection to a facility of the District or a facility ofe local sewering agency, which facility discharges to a District facility, shall be subject to the payment of an annual use charge for the preceding calendar year. Such use charge shall be payable only on the annual flow of sewage or indus- trial waste discharged or suspended solids discharged greater than .reasonable use as hereinbefore defined. The use charge shall be the actual treatment costs of the District for the fiscal year ending in said calendar year expressed per 1,000 gallons in excess of reasonable use and $10 per ton of suspended solids in excess of reasonable use. (d) Computation and Invoicing of Use Charges - After January 1 of each calendar year, the General Manager shall determine which users are subject to the payment of use charges and shall invoice the user in accordance with the unit charges established as hereinabove pro- vided. At the option of the General Manager, use charges may-be invoiced more frequently than annually when, in his judgment, the use charges are of such a magnitude to warrant more frequent payment. Upon application by any person to the Board of Directors, which application demonstrates a financial hardship, the Board of Directors may allow the payment of excess capacity connection charges to be made over a period of not more than five years with interest at six percent per annum on the unpaid balance. ARTICLE 7 - REFUND OF EXCESS CAPACITY CONNECTION CHARGES Upon appa.i_cation to the Board of Directors by any user who has paid excess caT,auity connection charges to the District of more than $5,000, wh__ct, :r,1,l cation certifies that the peak flow rate has permanent.1- decreased by 25 percent or more, and which application is not disput,( d by the General Manager, the Board of Directors will autho- rize a refund to the applicant. The refund will be computed to -9- maintain the total remaining excess capacity connection charge paid to an amount corresponding to the excess capacity connection charge payable at the time of the decrease. ARTICLE 8 - LOCAL AGENCY EXEMPTION FROM CHARGES No excess capacity connection charges or use charges, as speci- fied in Article .6 hereof, shall be payable for the discharge of sewage or industrial waste from property in the District owned or leased by elementary, high school, and junior college school districts, special districts, the county of Orange, and cities, provided however, that such property is not used for proprietary purposes. ARTICLE 9 - MEASURLMENT OF QUANTI'TY AND QUALITY OF FLOWS (a) Annual Flow - The measurement of annual flow of sewage or industrial waste shall be made by the District by means of a metering device, approved by the General Manager, and installed and maintained at the expense of the user, or by estimate arrived at from total water used in the area occupied, or by other means acceptable to the General Manager and to the user. The user shall have the option of selecting whether the measurement shall be made by meter, or by estimate, or other means, provided that the method of estimate or other means is approved by the General Manager. (b) Peak Flow Rate - The determination of peak flow rate shall be made by means of an effluent meter approved by the General Manager, and installed and maintained at the expense of the user, or by field measurements made by the District or by the method provided in Article 2 hereof. The user shall have the option of selecting the method of determination to be used, provided, however, that in the event the field measurement is selected, an additional charge of $600 per year will be made to defray the costs thereof and will be invoiced each February 1 for the preceding calendar year. (c) Determination of Components - The determination or estimation of suspended solids or other components contained in sewage -10- or industrial waste discharges shall be by one of the following methods : (1) Sampling and analysis by District's personnel (2) Sampling and analysis by personnel of user or laboratory acceptable to the District and employed by the user (3) Estimates arrived at by study of operations leading to the discharge. The user shall have the option of selecting which of the foregoing methods will be used, provided, however, that such method must be proposed by user and approved by the General Manager before January 1 of any calendar year and continued throughout the year. In the event no method is so selected and approved, Method (1) will be used. Also in the event that either Method (2) or (3) is so selected and approved, the District may, by appropriate sampling and analysis, determine the accuracy of the results obtained. If Method (2) is so selected and approved, the user shall prepare and submit on, or before, N January 15 of any year, a certified statement of the results obtained for the preceding year. All laboratory procedures shall strictly conform to Standard Methods. ARTICLE 10 -' INSPECTION The General Manager shall institute a regular industrial waste inspection program in order to determine the quality and quantity of industrial waste discharged to the District's facilities and the effect thereof on the maintenance and operation of said facilities. Said inspection program shall be carried out by employees of the District and, insofar as possible, shall be funded from industrial waste permit fees. ARTICLE 11- - AGREEMENTS WITH USERS (a) New Installations - At the option of the General Manager or the user, the .District will enter.into an agreement with any user whose assessed valuation and peak flow rate cannot be determined at the time of the issuance of the permit. Such an agreement will provide -11- for. an estimate of the assessed valuation for the ensuing fiscal year and the peak flow rate for the ensuing 12-month period, and require payment of excess capacity connection charges on the basis of such estimates and will provide for a method of additional payment or refund, as the case may be, of such charges when actual data as to assessed valuation and peak flow rate can be obtained. (b) Special Situations - If any user feels that the circum- stances involved in his discharge are of a nature which requires special consideration, he may apply to the Board of Directors for a special agreement. Such application shall state the facts to warrant such special agreement which may, upon resolution of the Board of Directors, provide terms other than contained in this ordinance. (c) Existing Agreements - It is recognized that the District may have special agreements for the discharge of sewage or industrial waste to its facilities in effect on the effective date of this ordinance. In such cases, the user shall have the option of maintain- ing the existing agreement or to terminate it. In the event of term in::ii: on, ;;hc provisions of this ordinance will apply to user's discharge. ARTICLE 12 - INTERPRETATION AND APPEAL (a) Reciuest' for Ruling - If any user or applicant for a permit disputes the interpretation or application of this ordinance, he shall set forth his contentions in writing to the General Manager. The General Manager shall, within thirty days, respond in writing to the contentions so made and set forth his determinations thereof. (b) Appeal - If the user or applicant for a permit is dis- satisfied with the determinations so made by the General Manager, he may with-in thirty days after mailing of said ruling by the General t✓ana ,oi to sai:i user or applicant for a permit, appeal said ruling by giving written notice of the basis of his appeal to the Board of Directors of the District. Said written notice shall be accompanied by a fee of ONE HUNDRED DOLLARS ($100) which shall be refunded if the appeal is sustained. The Board of Directors of the District shall, -12- within forty-five days after receipt of said written notice of appeal, make a final determination of the issues presented. ARTICLE 13 - PAYMENT OF CHARGES AND DELINQUENCIES All charges made pursuant to the provisions of this ordinance are due and payable upon receipt of notice thereof. All such charges shall be and become delinquent forty-five- days after mailing or delivering notice thereof to the mailing address of the property subject to such charges. All delinquent charges shall be deemed a violation of this ordinance and each day any such charge remains delinquent shall be deemed a separate violation. ARTICLE 14 - PENALTIES Any charge that becomes delinquent shall have added to it a penalty charge equal to ten percent of the charge that became delinquent and thereafter an additional penalty shall accrue on the total charge due, including the ten percent basic penalty at the rate of one-half of one percent per month until paid. ARTICLE 15 - COLLECTION Upon motion by the Board of Directors of the District, any charge and all penalties thereon shall be collected by lawsuit in the name of the District. Any such action for collection may include an application for an injunction to prevent repeated and reoccurring violations of this ordinance. ARTICLE 16 - vioLATIONS No person or public corporation shall violate any provisions or fail to comply with any of the requirements of this ordinance. Any person or public corporation violating any of the provisions or fail- ing to comply with any of the requirements of this ordinance shall be guilty of a misdemeanor. Any person or corporation convicted of a misdemeanor under the provisions of this ordinance shall be punished by a fine of not more than $100.00 or by imprisonment in the County -13- s Jail fora period not exceeding thirty days, or by both such fine and Imprisonment. Each person or public corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any. provision of this ordinance is ocaunitted, continued or permitted by such person or public corporation and shall be punishable accordingly. ARTICLE 17 - SFVERABILITY f If any provision of this ordinance or the application thereof to any person or circumstance is held unconstitutional, the remainder of the. ordinance• and the application of such provision to other persoiis and circwnstances shall not be affected thereby. If a provision of this ordinance is held invalid, all valid provisions that are severable from the invalid provision shall remain in effect. ARTICLE 18 - PROCEDURES FOR AMEND14ENT Thirty clays before any formal consideration of an amendment to this ordinance by the Board of Directors, the General Manager will so notify in writing each city and local sewering agency in .the District and each person holding. a valid industrial waste discharge permit or who has paid an excess capacity connection charge. Such notice shall also be mailed to any person who has filed with the District a request for such notice', Such notice shall contain a brief description of the nature of the amendment to be considered. ARTICLE .1.9 - REPEAL Ordinance No. 1101 is hereby repealed on the effective date hereof,and all ordinances or parts of ordinances Inconsistent with this ordinance are hereby repealed to the extent that they are i.ncon- si.stont with the provisions of this ordinance. ARTICLE 20 - EFFECTIVE DATE. The Chairman of the Board of Directors shall sign this Ordinance and the Secretary of the Districts shall attest thereto and certify to the passage of this Ordinance, and shall cause the same to be published once in the Huntington Beach News , a weekly newspaper of general circulation, printed, published and circulated in County Sanitation District No. 11 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, 1971. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 11 of Orange County, California, at a regular meeting held on the 8th day of Spril, 1970. Anairman or the Board o rec rs of County Sanitation Dist ict No. 11 , of Orange Cou ty, Cali of rnia ATTEST: Q eeretary o the ar of Directors of County Sanitation istrict No. 11 , of Orange County, California -15- STATE OF CALIFORNIF 3 SS, COUNTY OF ORANGE I, FRED A. HARPER, Secretary of the Board of Directors of County Sanitation District No. 11, of Orange County, California, do hereby certify that the foregoing Ordinance No,1102 was passed and adopted at a regular meeting'of the Board of Directors of County Sanitation District Noll on the 8th day of April, 1970, by the following roll call vote : AYES: Directors Donald D. Shipley, Jack Green, and Alton E. Allen NOES: NONE ABSENT: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of County Sanitation. District No. 11, of Orange County, California, this 8th day of April, 1970, Fred , Harper, Secret try o ' e Board of Directors of ounty Sanitation District No. 11, of Orange County, California