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
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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
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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,
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(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-
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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
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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
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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
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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
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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
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(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
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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
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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
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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,
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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
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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
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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