HomeMy WebLinkAboutOrdinance No. 1103 ORDINANCE NO. 1103
AN ORDINANCE.ESTABLISHING REGULATIONS
FOR USE OF DISTRICT SEWERAGE FACILITIES
The Board of Directors of County Sanitation District No. 11 of Orange
County, California, does ordain as follows:
ARTICLE 1
GENERAL PROVISIONS
101. PURPOSE >ND FCLICY
The purpose of this Ordinance is to provide for the maximum public
benefit from the use of District's facilities. This shall be
accomplished by regulating sewer use and wastewater discharges, by
providing e , „_t'_e distribution of District's costs, and by
providing p-ccedi,es that will allow District to comply with
requirements puce' aeon the District by other regulatory agencies.
The revenues to be derived from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by
the District, including, but not limited to, administration, _
operation, monitoring, maintenance, financing, capital construction,
replacement and recovery, and provisions for necessary reserves.
This Ordinance shall be interpreted in accordance with the definitions
set forth in Section 102. The provisions of the Ordinance shall apply _
to the direct or indirect discharge of all liquid wastes carried to
facilities of the District.
To comply with Federal and State of California policies and to
- permit the District to meet applicable standards of treatment plant
effluent c:a'_'_ty, ,.visions are made in this Ordinance for the regu-
lation of aactc;aster discharges. This Ordinance establishes quantity
and quality linitations on all wastewater discharges which may
adversely affect the District's sewerage systems, processes, or
effluent quality. It is the intent of these limitations to improve
November 12, 1975 .
the quality of wastewater being received for treatment; an implication
of this intent is the District's policy of discouraging an increase
In the quantity (mass emission) of waste constituents being discharged.
This Ordinance also provides for regulation of the degree of waste pre-
treatment required, the issuance of permits for wastewater discharge and
connections, and other miscellaneous permits, and the establishment of
penalties for violation of the Ordinance.
Since the District is committed to a policy of wastewater renovation
• and reuse in order to provide an alternate source of water supply,
the renovation of wastewater through secondary and tertiary wastewater
treatment processes may necessitate more stringent quality requirements
on wastewater dischargers than those required by other governmental
regulatory agencies.
102. DEFINITIONS
Unless otherwise defined herein, terms related to water quality shall be
as adopted in the latest edition of Standard Methods for the Examination
of Water and Wastewater, published by the American Public Health
Association, the American Water Works Association and the Water Pollution
'Control Federation. The testing procedures for waste constituents and
characteristics shall be as provided in 40 CPA 136, (Code of Federal
Regulations; Title 40; Protection of Environment; Chapter I, Environmental
Protection Agency; Part 136, Test Procedures for the Analyses of
Pollutants), or as specified. Other terms not herein defined are defined
as being the same as set forth in the International Conference of Building
Officials Uniform Building Code, 1973 Edition.
1. Ad Valorem Tax. shall mean the tax levied for the benefit of an
individual District on. the assessed value of land and improvements
within its boundaries. r
2. Agency. shall mean an administrative division or group.
S. Assessed Value. shall mean that portion of the total assessed value
of the land and improvements (excluding personal property) upon
which District taxes are levied.
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November 12, 1975
4. Board. shall mean the Board of Directors of the County Sanitation
District No. 11, of Orange County, California.
S. B.O.D. (Bie cec-rica_ C:--n Demand) . shall mean the measure of
biodegradable organic material in domestic or other wastewaters as represented by the oxygen utilized over a period of five days
at 20 degrees =:.ntigrade and as determined by the appropriate
testing procedures.
6. Class I User. shall mean any user who:
(a) has a di_c::arge flow of 50,000 gallons or more per normal working
day (or 12 onillion gallons or more per year); or
(b) waste stre gtc significantly (SO%) greater than domestic sewerage
(domestic sewerage will be considered to have a B.O.D. of 250 mg/1
and _-aspended solids of 250 mg/1); or
(c) involves the discharge of components which may exceed the parameters
as specified in Section 208, Limitations on Wastewater Strength_
7. Class II User. shall mean any user who discharges more than 10,000
gallons per day (or 3 million gallons per year) but less than 50,000
gallons _per day (cr 12 million gallons per year); and is not required
to obtain a Class I permit; and whose charge for use is greater than the
ad valorem tax paid to the District, exclusive of debt service.
8. C.O.D. (Chemical 0s,gen Demand). shall mean the measure of chemically
oxidizab' e material in domestic or other wastewaters as determined by
appropriate testicg procedures.
9. Compatible Pollutant. shall mean a combination of Biochemical Oxygen
Demand, suspended solids, pH, fecal coliform bacteria, plus other
pollutants that the Districts' treatment works are designed to remove.
�. 10. Developments shall mean parcels of land on which dwelling units,
commercial or industrial buildings, or other improvements are built.
11. Discharger. shall mean any person that discharges or causes a discharge
of wastewater directly or indirectly to a public sewer.
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November 12, 1975
12. Districts. shall mean any individual or combination of individual
County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7 or 11 of
Orange County. - -
13. District Connection Charge shall mean a fee imposed by District
No. 11 for connecting directly to a District sewerage facility
or to a sewer which ultimately discharges into a District sewerage
facility. -
14. District Sc.-crage Facility. shall mean any property belonging to
the District used in the treatment, reclamation, reuse, trans-
portation, or cisrosal of wastewater.
15. cs"c - cr. shall mean the liquid and water borne wastes
derived _<_c- ha ordinary living processes in a dwelling unit of
such charne-. :: to permit satisfactory disposal, without special
treatren:, inte tto public sewer or by means of a private disposal
16. Dvrel rir.o Lv s`.all mean one or more habitable rooms which are
e cci. .cd c_ w::i ch are intended or designed to be occupied by one
iar,i'_y ; ih -acilities for living, sleeping and cooking. .
li. Fa-:i 1•: 'r_ng Building. shall mean a structure designedand used
to house families and containing one or more dwelling units.
18. Floor Area. shall mean the area included within the surrounding
exterior walls of a building or portion thereof, exclusive of
ramps, docks, vent shafts and courts. The floor area of
- a building, or portion thereof, not provided with surrounding
exterior walls shall be theusable area under the horizontal
projection of the roof or floor above.
19. General tianager shall mean the individual duly designated by the
Board of Directors of the District to administer this Ordinance.
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November 12, 1975
20. Incompatible Pollutant. shall mean any pollutant which is not a
compatible pciletant as defined herein.
21. Industrial Wastewater. shall mean all water carried wastes and
wastewater of the community, excluding domestic wastewater, and
shall include all wastewater from any producing, manufacturing,_
processing, institutional, commercial, service, agricultural, or
other operation. These may also include wastes of human origin
similar to domestic wastewaters.
22. Inspector. shall mean a person authorized by the General Manager
to inspect wastewater generation, conveyance, processing and
disposal facilities.
- 23. Local Sewering Agency shall mean any public or private corporation
duly authorized under the laws of the State of California to
construct and/or_maintain public sewers. -
24. Mass Emission. Rate. shall mean the weight of material discharged
to the sewer system during a given time interval. Unless otherwise
specified, the cFss emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
25. !�yL . shall mean permissive.
26. New Construction. shall mean any structure under construction for
which a connection permit has not been issued.
27. Normal Working Day. - shall mean the period of time during which
production and/or operation is taking place.
28. Person. shall mean any individual, partnership, firm, association,
coi7:orat is , cr p,:bLc agency including the State of California
aac t__ States of America. -
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November 12, 19=5
29. Pollutant. shall mean any constituent or characteristic of
wastewaters on which a discharge limitation may be imposed. either
by the District or the regulatory bodies empowered to regulate
the District.
30. Pre-treatment Facility. shall mean any works or devices for-.the
treatment or flow limitation of wastewater prior to discharge into
a public sewer.
31. Public Agency. shall mean any City, District, or other public body
duly organized under the laws of the State of California.
32. Public Sewer. shall mean a sewer owned and operated by the District,
a.City or other local sewering agency, which is tributary to
treatment facilities operated by the District.
33. Sampling and Evaluation Program. shall mean the determination of
mass emission of constituents or other conditions specified in the
user's permit over a period of*not less than one normal working
day, or more than five normal working days.
34. Sewage shall mean wastewater.
35. Sewerage Facilities. shall mean any and all facilities used for
collecting, conveying, pumping, treating and disposing of
wastewater.
36. Shall. shall mean mandatory.
37. Sta^dare i^.cat-lal Classification (S.I.C.). shall mean a system of _
classi �ir�_ ind.istries as identified in the S.I.C. Manual, 1972,
Offcce and Budget.
3E. Star.dar. b -,hods. shall mean procedures described in the current _
ecitio:i o_ Standard Methods for the Examination of Water and
V:asz e,r:a c-, -s published by the American Public Health Association,
?-ie-4 ,a- icater Works Association and Water Pollution Control_
- Fede:atimi. -
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November 12, 1975 _ °
39. . Suspended Solids shall mean any insoluble material contained as
a component of wastewater and capable of separation from the :liquid
portion of said waste by laboratory filtration as determined by the
appropriate testing procedure.
40. Temporary User. shall mean any discharger who is granted temporary
perm. iss--on by the District to discharge unpolluted water, storm
drainage or ground water to the District's sewerage facilities.
_41. T.O.C. (Total Organic Carbon). shall mean the measure of total
organic carton in domestic or other wastewater as determined by
the appropriate testing procedure.
42. Unpolluted Water, shall mean water to which no constituent has
beer" added either intentionally or accidentally.
-43. User. shall mean any person that discharges, or causes a discharge of wastewater directly or indirectly to a public sewer.
44. Waste. shaii rican sewage and any and all other waste substances,
li eui<, sold, gaseous, or radioactive, associated with human
habitation, or of human or animal origin, or from any producing,
manufacturing or ; rocessing operation of whatever nature, including
scch wastes rlacel .,_thin containers of whatever nature, prior to
and for the purpose of disposal.
45. Wastewater. sha;'. mean waste and water, whether treated or
=treated, discharged into or permitted to enter a public sewer.
_ '6. Waste::eter Constituents and Characteristics. shall mean the -
indi::c�al c`.er.ical, physical, bacteriological and radiological -
_ parameters, including volume and flow rate and such other parameters
that serve to define, classify or measure the quality and quantity
of wastewater.
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November 12, 1975
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ARTICLE 2
REGULATIONS ,
201. PROHIBITIONS ON DISCHARGES
No person shall discharge wastewaters directly or indirectly to sewerage -
facilities owned by the District which cause, or are capable of causing,
either alone or by interaction with other substances:
1. A fire or explosion; -
2. Obstruction of flow in the sewer system or damage to the sewerage
facilities;
3. Danger to life or safety of any person;
4. Prevention of the effective maintenance or operation of the sewerage _
system;
S. Air pollution by the release of toxic or malodorous gas producing
substances;
6. Interference with the wastewater treatment process;
7. The Districts' effluent or any other product of the treatment process,
residues, sludges, or scums, to be unsuitable for reclamation and
reuse;
8. Discoloration or any other condition of the quality of the Districts'
treatment works effluent in such a manner that receiving water
quality requirements established by regulatory agencies cannot be met; _
9. Conditions at or near sewerage facilities which violate any statute
or any rule, regulation, or ordinance of any public agency or state
or federal regulatory body.
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November 12, 1975
202. PROHIBITIONS ON STORM DRAINAGE AND GROUND WATER
Storm water, ground water, street drainage, subsurface drainage or
yard drainage shall not be discharged directly or indirectly to the
District's sewerage facilities. The District may approve the
temporary discharge of such water only when no alternate method of
disposal is reasonably available.
If a temporary permit is granted for the discharge of such water into
a tributary sewer, the user shall pay the applicable charges for use
and fees, and shall meet such other conditions as required by the
District.
203. PROHIBITION ON UNPOLLUTED WATER
Unpolluted water such as single pass cooling water, will not be
discharged through direct or indirect connection to a District sewer,
The District may approve the discharge of such water only when no
alternate method of disposal is reasonably available.
If -a temporary permit is granted for the discharge of such water into
a public sewer, the user shall pay the applicable charges for use and
fees, and shall meet such other conditions as required.by the District.
204. LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any radioactive
waste into a public sewer except:
1. When the person is authorized to use radioactive materials by
the State Department of Health or other governmental agency
empowered to regulate the use of radioactive materials; and
2. When the waste is discharged in strict conformity with current
California Radiation Control Regulations (California Administrative
Code, Title 17) and the Atomic Energy Commission's regulations
and recommendations for safe disposal; and
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November 12, 1975 .
3. When the person is in compliance with all rules and regulations
of all other applicable regulatory agencies. -
205. LIMITATIONS ON THE USE OF GRINDERS ,
Waste from grinders shall not be discharged into a public sewer, except
wastes generated in packing or preparing food or food products. Such
grinders must shred the waste to a degree that all particles will be
carried freely under normal flow conditions prevailing in the public sewer.
206. LIMITATIONS ON POINT OF DISCHARGE
No person, excluding local sewering agencies involved in maintenance
functions of sanitary sewer facilities, shall discharge'any wastewater
directly into a manhole or other opening in a sewer other than through
an approved building sewer, unless upon written application by the user
and payment of the applicable charges for use and fees.
207. LIMITATIONS ON SEPTIC TANK AND CESSPOOL WASTES
A user propgsing to discharge septic tank and cesspool wastes into a
District sewer must have a valid Orange County Health Department permit.
Such wastewaters shall be discharged at a location specified by District. -
If such wastewaters are from developments not within the District's '
boundaries, a fee adopted by Resolution of District's Board of Directors
shall be paid. This fee shall be based upon the cost of providing District
services..
208. LIMITATIONS ON WASTEWATER STRENGTH
208.1 No person shall discharge, after the date specified, wastewater containing
in excess of the quantities listed in Table I.
-- 208.2 No person shall discharge any wastewater:
a. Having a temperature higher than 140 degrees Fahrenheit
(60 degrees Centigrade);
b. Containing more than 100 mg/L of oil or grease of mineral or
petroleum origin;
c: Having a pH less than 6.0 or greater than 12.0;
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November 12, 1975
d'. Containing in excess of 0.02 mg/L total identifiable chlorinated
hydrocarbons.1
a. Containing in excess of 0.5 mg/L dissolved sulfide.
f• Other materials, including but not limited to, ammonia, Biochemical
Oxygen Demand, Chemical Oxygen Demand, Total Organic Carbon,
suspended solids, oil or grease of animal or vegetable origin, total
dissolved solids, and phenolic compounds, in quantities that may
cause or are found to cause problems in the sewerage facilities.
TABLE I
DISCHARGE LIMITS, mg/L .
July 1 July 1 July 1 (Tentative)1
CONSTITUENT 1976 1978 1983
Arsenic 2.0 2.0 2.0
Cadmium S.0 3.0 1.0
Chromium (total) 6.0 2.0 0.5
Copper 10.0 4.0 2.0
Lead 2.0 2.0 2.0
Mercury -.03 0.03 0.07, ..
_ Nickel' 10.0 10.0 10.0
Silver 5.0 S.0 5.0
Zinc 15.010.0 10.0
Cyanide (total) 10.0 5.0 5.0
Cyanide (free)2 1.0 1.0 1.0
1 July 1, 1983 discharge limits are tentative; these limits will be evaluated in
the future to determine the removal effects of future improvements to the
treatment facilities of the District.
2 The term "free cyanide" shall mean those cyanides amenable to chlorination as
described in the 1972 Annual Book of ASTM Standards, 1972, Standard D 2036-72
Method B, page 553.
1 To include at least the following: DDT (dichlorodiphenyltrichloroethane, both
isomers), DDE. (dichlorodiphenylethylone) , DDD (dichlorodiphenyldichloroethane),
Aldrin, Benzene Hexachloride (alpha, beta 6 gamma isomers) , Chlordane, Endrin,
Heptachlor, Dieldrin, and PCB's (Polychlorinated biphenyls: Aroclors 1221, 1228,
1232, 1242, 1248, 1254, 1260 and 1262).
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November 12, 1975
ARTICLE 3
WASTEWATER DISCHARGE PERMITS
301. INTRODUCTION
To provide the maximum public benefit from the use of District facilities
written authorization to use said facilities is required. This written
authorization shall be in the form of a permit. No vested right shall
be given by issuance of permits provided for in this Ordinance.
The wastewater discharge permit shall be in one of threq forms and is
dependent upon the volume and characteristics ofwastewater to be discharged.
The three wastewater discharge permits are:
1. Class I Permit;
2. Class II Permit;
3. Temporary Permit.
302. CLASS I ::MSTB ;M:" DISCIVRCE ?ERMITS
All Class I users proposing to discharge into a public sewer must obtain .
a wastewater discharge permit before discharging into a public sewer.
All existing Class I users connecting to or discharging into a public
sewer must obtain a wastewater discharge permit by the effective date of
this Ordinance. For purposes of this Ordinance, a Class I user is any
user who:
1. Has a discharge flow of 50,000 gallons or more per normal working
day (or 12 million gallons or more per year); or
.. 2. Waste strength significantly (50%) greater than domestic sewerage
(domestic sewerage will -be considered to have a BOO of 250 mg/1
and suspended solids of 250 mg/1); or
3. Involves the discharge of components which may exceed the parameters
as specified in Section 208, Limitations on Wastewater Strength.
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November 12, 197S
302.1 CLASS I PERMIT APPLICATION
Users seeking a Class I wastewater discharge permit shall complete and
file with the District an application on the form prescribed by the
General Manager. The applicant shall be required to submit, in units and
terms appropriate for evaluation, the following information:
a. Name, address, assessor's parcel number(s), assessed valuation '
and S.I.C. number(s) of applicants;
b. Volume of wastewater to be discharged;
C. Wastewater constituents and characteristics as deemed necessary
by the District, including, but not limited to those mentioned in
Section 208. These constituents and characteristics shall be
determined by a State certified laboratory or by a laboratory of
the discharger approved by the District;
d. Time and duration of discharge.
The applicant may be required to submit for evaluation the following
information:
a. Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers and appurtenances by size, location and elevation.
b• Number of employees and average hours of work per employee.
Other information may be required to properly evaluate the permit
application. After evaluation and acceptance of the data furnished, "
the District may issue a Class I wastewater discharge permit subject
to terms and conditions provided in this Ordinance.
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November 12, 1975
302.2 CLASS I PERMIT CONDITIONS
Class I wastewater discharge permits shall be expressly subject to all
provisions of this Ordinance. and all other regulations, charges for use
and fees established by the District. The conditions of wastewater
discharge permits shall be uniformly enforced by the District in
accordance with this Ordinance and applicable State and Federal
regulations.
302.3 CLASS I PERMIT CONDITIONS THAT SHALL BE IN ALL PERMITS
a. Maximum mass emission rates
(1) Rate determination. Maximum mass emission rates for incompatible
and/or compatible pollutants that are present or anticipated in the -
user's wastewater discharge shall be set for each user and made
an applicable part of each user's permit. These rates shall be
based on Section 208, Limitations on Wastewater Strength, and
the user's average daily wastewater discharge for the past three _
years. When discharge data for three years is not available,
data for ayear, or that which is mutually acceptable to the
user and. the District shall be used.
(2) . Preliminary determination of, and fees for, non-compliance with
permit requirements. Non-compliance with permit requirements may
be determined by an analysis of a grab sample of the effluent of
- a discharger for any constituent or condition specified in the
user's permit. If the effluent of a user is found by the analysis
of the grab sample to be in excess of the concentrations or
conditions specified in Section 208, then a Sampling and Evaluation
Program may be initiated by the District.
If the Sampling and Evaluation Program reveals non-compliance by
the discharger with the mass emission rates or conditions specified
in the user's permit, the user shall pay the fees as specified in
Tables II and III. The fees specified shall become retroactive
to the date the.Sampling and Evaluation Program started. The
. _ fees for non-compliance, based on the mass emission rate determined
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November 12, 1975
in the Sampling and Evaluation- Program, shall continue to accumu-
late on a daily basis until the discharger can show corrective
action has been taken or compliance achieved, but for a period
not to exceed ten normal working days. If the period of non-
compliance continues for more than ten consecutive normal working
days, the District may proceed with one of the following:
(aa) Amend the existing permit. This may be done only when the
discharger has shown good faith in trying to comply and
requires additional time for construction and/or acquiring
equipment. The permit may be amended for a period not to
exceed 180 days; however, this period may be extended
upon determination by the General Manager for good cause.
(bb) Proceed with enforcement action as outlined in Article S.
The payment of non-compliance fees will not relieve the
discharger of the penalties as specified in Article S.
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November 12, 1975
TABLE II
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATES
Dollars per Pound per Day
In Excess of Limit
Arsenic $100.00
Cadmium 100.00
Chromium (Total) - 100.00
Copper 30.00
Lead 40.00
Mercury 100.00
Nickel 40.00
Silver - 100.00
Zinc - 20.00
Cvanide (Total) - 40.00
Cyanide (Free, amendable to chlorination) 100.00
Total Identifiable Chlorinated Hydrocarbons 100.00
Phenols 50.00
Dissolved Sulfides 50.00
TABLE III
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION LIM11S
- Dollars per Hundred Pounds
' per Day in Excess of Limit
B.O.D. $ 15.00
Suspended Solids 15.00
Oil and Grease (Animal or Vegetable Origin) 200.00
Oil and Grease (Mineral or Petroleum Origin) 200.00
Total Dissolved Solids 20.00
Ammonia 20.00
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November 12, 1975
b. Pretreatment Requirements
Users shall make wastewater acceptable under the limitations
established in this Ordinance before discharging to any public
sewer. Any facilities required to pretreat wastewater shall be
provided and maintained at the user's expense. Detailed plans
showing the pretreatment facilities and operating procedures may be
requested by District for review. The review of such plans and
operating procedures will not relieve the user from the responsibility
of modifying the facility as necessary to produce an effluent accep-
table to the District under the provisions of this .Ordinance.
C. Permit Duration
Permits shall be issued for a period not to exceed three years. A
permit may be issued for a period less than three years, or may be
stated to expire on a specific date. The terms and conditions of
the permit may be subject to modification and change by the District
during the life of the permit as limitations or requirements as
sh 1 `•.. of..eo cd .
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proposed changes in their permit at least thirty. (30) days prior to
the effective date of change. Any changes or new conditions in the
permit shall include a reasonable time schedule for compliance.
d. Inspection and Sampling Conditions
The District may inspect the wastewater generating and disposal
facilities of any user to ascertain whether the intent of this
Ordinance is being met and the user is complying with the require-
ments. Persons or occupants of premises where wastewater is created
or discharged shall allow the District orits representatives ready '-
access during the normal working day to all parts of the wastewater
disposal facilities for the purposes of inspection and sampling.
The District shall have the right to set up on the user's property
such devices as are necessary to conduct sampling or metering
operations. Where a user has security measures in force, the user
shall make necessary arrangements so that personnel from the District
will be permitted to enter without delay for the purpose of performing .
their specific responsibilities.
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November 12, 1975
e. . Permit Revocation Conditions
(1) Procedure. When the General Manager has reason to believe that
any one of the conditions enumerated in Subsection (2) below exists,
he shall give written notice thereof to the permittee. Said
notice shall set forth the time and place where the charges shall
be heard by the General Manager. The hearing date shall not be
less than (15) days from the mailing of such notice by certified
mail to the permittee at the address shown on the permit; At
the hearing, the permittee shall have an opportunity to refute
the allegations set forth in the proposed permit revocation
notice.
If after the hearing, the General Manager finds that any one of
the conditions hereinafter enumerated in Subsection (2) exists,
he shall have the right to revoke the permit..
(2) Any one of the following is reason for permit revocation.
(aa) Fai:::rc of a user to factually report the ..____..ate_
constituents and characteristics of his discharge.
(bb) Failure of the user to report significant changes in
operations or wastewater constituents and characteristics.
(cc) Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring.
(dd) Violation of permit requirements and/or this Ordinance.
(cc) Failure to pay fees and charges for use established
pursuant to this Ordinance.
f. Procedure for Accidental Discharge
In the event the discharger is unable to comply with any of the
permit conditions due to a breakdown of waste treatment equipment,
accidents caused by human error or acts of God, the discharger
shall notify the District by telephone as soon as he or his agents
have knowledge of the incident. Confirmation of this notification
shall be made in writing within two weeks of the telephone
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November 12, 1975
notification. The written notification shall include pertinent
information explaining reasons for the non-compliance and shall
indicate what steps were taken to correct the problem and the date
of the incident, as well as what steps are being taken to prevent
the problem from recurring.
Each user shall provide protection from accidental discharge of
prohibited materials or other wastes regulated by this Ordinance.
Such protection will be designed to secure the discharges to prevent
them from entering into the system in accordance with reasonable
engineering standards. Such facilities will be provided and maintained
at the user's expense.
If it can be shown that the accidental discharge is the cause of the
District violating their discharge requirements or incurring extra-
ordinary operational expenses or suffering loss or damage to the
facilities, then that discharger may be responsible for any costs -
or expenses, including assessments by other agencies or the court,
incurred by District.
2. renfij�..t-- Tnfnren atie^ ..
All information and data on a user shall be available to the public and governmental agencies without restriction unless the user
specifically requests and is able to demonstrate to the satisfaction
of the District that the release of such information would divulge
information, processes, or methods which would be detrimental to the
user's competitive position.
h. Permit Transfer Prohibitions
Wastewater discharge permits are issued to a specific user for a
specific operation at a specific location and create no vested rights. ,. .
A Class I wastewater discharge permit shall not be transferred for an
operation at a different location nor for a new or changed operation
without prior approval of the General Manager.
302. 4 CLASS I PERMIT CONDITIONS THAT MAY BE IN A PERMIT
a• Limits on rate and time of discharge or requirements for flow
regulations and equalization..
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November 12, 1975 -
b. Requirements for maintaining plant records relating to wastewater
discharge as specified by District, and affording District access
thereto.
C. Requirements for the user to construct and maintain, at his own
expense, monitoring _facilities. (See Sect. 507 for delinquent
payments) -
302.5 CLASS I PERMIT FEE
The Class I pernit fee shall be adopted by the Board of Directors. ' The
permit fee shall be ca, aole within thirty (30) days of invoicing by.the
District.
3C2.6 CLASS I CHARGE KI US
Fhe purpose of a cc-:erec _or use is to insure that each recipient of
sewerage ser;ice f-= t.e District pays its reasonably proportionate
share c- al_ t;e c..z .s cf providing that sewerage service. Charges for
.._.. ____ `or recovering the cost of conveying, treating and disposing
of se --le District facilities and are exclusive of any fees levied _
ag=rr;pc, The chnrge for -se shall by based on the
total iCainterance, operation, capital expenditures and reserve requirements
for providing wastewater collection, treatment and disposal.
_ A discharger who is issued a Class I wastewater discharge permit under _
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the charge rates adopted by the
Board of Directors. The quarterly invoice may be based upon an estimate
of the annual use as determined by the District. Annually the District
shall conpute the charge for use based upon actual use for the preceding
.-.-bit or credit adjustment for the preceding 12-month
_i s d on the next quarterly invoice. The charge for
shirty (30) days of invoicing by the District. A -
creticc for the annual ad valorem tax levied by the District
epos: fs_ :Hch a permit has been issued by the District,
ercl-.:_*:a of .hs_ portion of the tax paid for debt service. Debt service
s.,p_: I ccnsicere' as interest payable on District's general obligation
a- ,aa: 'Dead redemptions.
21
Fovc--ber , 1S'S -
The charge for use shall be computed by the following formula:
Charge for use = VoV + BoB + SoS
Where V = total annual volume of flow, in millions of gallons
B - total annual discharge of biochemical oxygen demand,in thousands of pounds
S - total annual discharge of suspended solids, in
thousands of pounds .
Vo,Bo,So = unit charge rates adopted annually by the District
Board of Directors, based upon the funding. require-
ments of providing sewerage service, in dollars -
per unit as described below.
The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
a. The total annual operation and maintenance funding requirements of the
Sewerage systemestablished in the adopted budget shall be distributed
among the three wastewater charge parameters of flow, biochemical oxygen
demand afid suspended solids in accordance with the General Manager's
determination as to the costs associated with each parameter and pur-
suant to applicable requirements of State and Federal regulatory agencies.
The operation and maintenance costs as distributed to flow, biochemical
oxygen demand and suspended solids shall be divided by the projected
annual total flow volume and weights of biochemical oxygen demand and
suspended solids to be treated by the sewerage system in the budgeted year.
b. A capital facilities charge for capital recovery and capital improve-
ment shall be levied at the rate of $125 (one-hundred and twenty-five
i.
dollars) per million gallons of wastewater. This charge shall be
distributed among the three wastewater charge parameters of flow,
biochemical oxygen demand and suspended solids in accordance with
the General Manager's determination of which portion of the charge
predominantly relates to each parameter. The capital facilities charge
distributed to biochemical oxygen demand and suspended solids shall
be divided by the projected annual weights of biochemical oxygen
22
November 12, 1975
demand and suspended solids to be treated by'tfte sewerage system in
the budgeted year. (The capital facilities charge shall be reviewed
by the Board of Directors every four years commencing with the first
review on July 1, 1950.)
C. The unit charge rates for each respective wastewater.parameter in (a)
and (b) above shall be summed. The unit wastewater charge rates so
determined will be expressed in dollars per million gallons for Vo,
and in dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the wastewater of a discharger,
such as C.O.D. or T.O.C., may be used instead of B.O.D. However, the
discharger must establish for the District a relationship between the B.O.D.
of his wastewater and the other measured parameter. This relationship shall
be used by the District in determining the charge for use. When wastewater
from sanitary facilities is discharged separately from the other wastewaters
of a discharger, the charge for use for discharging the sanitary wastewater
may be determined by using the following:
a. 10,000 gallons per employee per year;
b. 20 pounds of suspended solids per employee per year;
C. 20 pounds of biochemical oxygen demand (B.O.D.) per employee per year.
(The number of employees will be considered as the average number of people
employed full time on a daily basis. This may be determined by averaging the
number of people employed at the beginning and ending of each quarter, or
other period that reflects normal employment fluctuations.)
302.7 CLASS I MONITORING CONDITIONS
a. Monitoring for Annual Charge for Use
The wastewater characteristics of the Class I discharger needed for
determining the annual charge for use shall be submitted by the dis-
charger to the District. The frequency of analyses and reporting shall
be set forth in the permit. The analyses of these characteristics shall
be a laboratory approved by the District. Analyses performed by District
.personnels may be used in the determination of the annual charge for use.
b. Monitoring for Compliance with Permit Requirements
The wastewater constituents and characteristics having maximum mass
23
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November 12, 1975
emission rate requirements as specified in the—User's permit may be
monitored by the discharger. Monitoring reports on these constituents
and characteristics may be requested by the District. The frequency
of determination and reporting shall be set forth in the permit. The
analyses of the constituents and characteristics shall be by a laboratory
approved by the District. The preparation of the monitoring report, if
by other than the discharger, shall be by a firm approved by the District.
303. CLASS II PERMIT
A Class II permit shall be required for users who discharge more than .
10,000 gallons per day (or 3 million gallons per year) but less than
50,000 gallons per day (or 12 million gallons per year) ; and are .not.
required to obtain a Class I permit; and whose charge for use, as determined
by Section 303.1 below, is greater than the ad valorem tax paid to the
District, exclusive of debt service.
303.1 CLASS II CHARGE FOR USE
The purpose of a charge for use is to insure that each recipient of sewerage
service from the District pays its reasonably proportionate share of all costs
of providing that sewerage service. Charges for use are used for recovering
the cost of conveying, treating and disposing of sewage in District facilities
and are exclusive of any fees levied by local sewering agencies. The charge
for use shall be based on the total maintenance, operation, capital expendi-
tures and reserve requirements for providing wastewater collection, treat-
ment and disposal.
A discharger who is issued a Class II wastewater discharge permit under the
provisions of this Ordinance shall pay in accordance with the procedures
contained herein and the charge rates adopted annually by the Board of
Directors. This charge shall be determined as follows:
a. The total annual operation and maintenance funding requirements of the
sewerage system established in the adopted budget shall be distributed
to the wastewater charge parameter flow. The operation and maintenance
costs as distributed to flow shall be divided by the projected annual
total flow volume to be treated by the sewerage system in the budgeted
year.
b. .A capital facilities charge for capital recovery and capital improve-
ment shall be levied at the rate of $125 (one-hundred and twenty-five
24
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November 12, 1975
dollars) per million gallons of wastewater. .(The capital facilities
charge shall be reviewed by the Board of Directors every four years
commencing with the first review on July 1, 1980.)
C. The charge rate for the wastewater parameter of flow as determined in
(a) and (b) above shall be summed, and the rate so determined will be
expressed in dollars per million gallons.
d. The District shall invoice the user on a quarterly basis in accordance with policies and procedures adopted by the Board of.Directors. The
quarterly estimated charge for use shall be calculated by multiplying
the charge rate as determined in (c) above and the estimated volume
of wastewater discharged. Annually the District shall compute the
charge for use based upon actual use for the preceding 12-month period;
any debit or creed adjustment for the preceding 12-month period shall
be included on t.e next quarterly invoice. The charge for use is
payable within thirty (30) days of invoicing by the District. A credit
vrill ce a__e.:ed SDr the annual ad valorem tax levied by the District
upon the 7,=crt., for which a permit has been issued by the District,
excicsive of that portion of the tax paid for debt service. Debt
sera'cc shall be considered as interest payable on District's general
-, . hr,-de -___.1 r.__p e
503. 2 CLASS LT 7Eg_:7- aP7: TCATION
Users recuircc io ..'_tarn a wastewater discharge permit shall file an
application on the forms prescribed by the District.
303.3 INSPECTION AIM SAMPLISG
-- _. _ 1 the wastewater generating and disposal facilities
of - . __.,. _s ec_Csin whether the intent of this Ordinance is being met -
-_ c-__ ;--ng with all requirements. persons or occupants of
cre-.-,es nI ere __ ._.,_a-r is created or discharged shall allow the District
or -__ rc?res cr_zti,e= ready access during the normal working day to all -
pzrts o` the ra=_t ew-et cr generating and disposal facilities for the purposes
_. =_pecticr a. ,, sar..pling. The District shall have the right to set up
on ti:c uscr' s r-c7erty such devices as are necessary to conduct sampling or -
...�,.�__-g o_.;er aticns.
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Where a user has security measures in force, the user shall make
necessary arrangements so that personnel from the District will be
permitted to enter without delay for the purpose of performing their
specific responsibilities. -
303.4 PRETREATMENT
Users shall make wastewater acceptable under the limitations established
herein before dischar€ing to any public sewer. Any facilities required to
pretreat �:as ter titer shall be provided and maintained at the user's expense.
Ceta..e, Ilan s.. the pretreatment facilities and operating procedures
-ay be recces_ ce t+; the District for review. The review of such plans and
oy erati ng �roceL,_res will not relieve the user from the responsibility of
codifying the £ati'ity as necessary to produce an effluent acceptable to
the H,trict arovisions of this ordinance.
303.5 PERN,iT TPANSF3z F:<GFIBITIONS
Wastewater discharge permits are issued to a specific user for a specific
Operation at e. s-ecific location. A Class II wastewater discharge permit
_-Fur ".-. ape_____.. __ _ ___ei e:e_ _____ion
a new or cha;:ged operation without prior approval of the General Manager.
3C3. 6 - _ ?EP.MIT
a. PrccJL.-c. one.. the General Manager has reason to believe that any
one of the cc-..cit'.ons enumerated in Subsection b below exists, he
shall give , -,t= notice thereof to the permittee. Said notice
shall set rent!: tie time and place where the charges shall be heard
b., tlic ..manager. The hearing date shall not be less than
f_freen (l ) d„ from the mailing of such notice by certified mail
to the 7=_-cct'.ee at the. address shown on the permit. At the hearing
the pes- shall have an opportunity to refute the allegations set
forth in the proposed permit revocation notice.
If after the t.:an ng the General Manager finds that any one of the
ccn- Lions hc-reinafter enumerated in Subsection b exists, he shall
have the right to revoke the permit. .
26
November 12, 1975
b. Any of the following is reason for permit revocation:
(1) Failure of a user to factually report the wastewater constitu-
ents and characteristics of his discharge. - -
(2) Failure of the user to report significant changes in operations
or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring.
- (4) Violation of permit requirements and Ordinance conditions.
(5) Failure to pay fees and charges for use established pursuant
to this Ord`r;ance.
303. 7 CUP47� N
Permits shall Se issued for a period not to exceed three years. A permit
may be issued =cr a period less than three years or may be stated to
exri.re on a sjiccific date. The terms and conditions of the permit may be
_u'ciect tc :red_f icstcr. and change by the District during the life of the
per-it a_ i _...,_ C..- or requirements as identified in Article 2 are
r_odifiec, The use: shall be informed of any proposed changes in his
neTm t at least 30 c :s prior to the effective date of change. Any
changes or new cencia cns in the permit shall include a reasonable time
sc:',edule for compliance. -
�dd . TE> PE"' IT -
.A pen•,.:t s.._.. e required of all users granted temporary permission by
the Uis'-ict tc -fie unpolluted water, storm drainage, and ground
ra xr 3rcc tly c. _n_c__ctl,: to the District's sewerage facilities. (See
Section 202 and 203.) This temporary permit is normally granted when no -
alternate method of disposal is reasonably available.
304.1 - '.CT 7FF_ T '.PPCr,=i SCS
Users scc,icg e temporary wastewater discharge permit shall complete and
file with she Cistr-ct, prior to commencing discharge, an application in
the f=, urescr_bec by the General Manager. This application shall be
accompeaied Sp the ;, p-iicable fees.
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November 12, 1975
304.2 CHARGES FOR USE AND FEES
A non-refundable fee of $250 and a deposit to be determined by the
District sufficient to pay the estimated charges for use shall accompany
the temporary permit application, and said deposit shall be applied to
the charges for use. A charge for use to cover all costs of the District
for providing sewerage service and monitoring shall be adopted by annual
resolution of the District.
304.3 MONITORING FACILITIES
The District may require the user to construct and maintain, at his own
expense, monitoring facilities.
304.4 INSPECTION AND SAMPLING
The District may inspect the facilities of any user to ascertain whether
the intent of this Ordinance and all requirements are being met. Persons
or occupants of premises where wastewater is created or discharged shall
allow the District or its representatives access during normal working
days to all wastewater generating and disposal facilities for the
purposes of inspection and sampling. The District shall have the right
to set up on the user's property such devices as are necessary to conduct
sampling or metering operations. Where a user has security measures in
force, the user shall make necessary arrangements so that personnel from
the District will be permitted to enter without delay for the purpose of
performing their specific responsibilities.
304.5 DURATION OF PERMIT
A temporary permit shallbe issued for a definite period and shall
expire on a specific date. This period may be extended, however, upon
determination by the General Manager for good cause.
304.6 CONDITIONS OF PERMIT
. The District shall specify and make part of each temporary permit
specific conditions and pretreatment requirements.
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November 12, 1975
ARTICLE 4
CONNECTION PERMITS
401. INTRODUCTION
Connection permits may be required of dwelling units, buildings, and
developments connecting directly or indirectly to District's sewerage
facilities. Included are the connections of laterals to local municipal
sewerage facilities and the connection of local municipal sewerage
facilities and laterals to District's facilities.
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 facilities. 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.
402. DISTRICT NO. 11 CONNECTION CHARGES
There are no connection charges currently in effect in Sanitation
District No. 11.
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November 12, 1975
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ARTICLE 5
ENFORCEMENT
501. ENFORCEMENT PROVISIONS
The District can require compliance with permit conditions or
limitations by issuing administrative orders that are enforceable in a
court of law or by directly seeking court action.
502. ADMINISTRATIVE ORDERS
- 1. Cease and Desist Orders
When the District finds that a discharge of wastewater has taken
place in violation of prohibitions or limitations of this
Ordinance or the provisions of a wastewater discharge permit, the
General Manager may issue a cease and desist order and direct that
those persons not complying with such prohibitions, limitations,
requirements or provisions:
(a) Comply immediately; or
(b) Comply in accordance with a time schedule set forth by the
District.
2. Public Nuisance -
Discharges of wastewater in any manner in violation of this
Ordinance or of any order issued by the General Manager as
authorized by this Ordinance are hereby declared a public nuisance
and shall be corrected or abated as directed by the General
Manager. Any person creating a public nuisance is guilty of a
misdemeanor.
3. Termination of Service
The District may revoke any wastewater discharge permit, or terminate
sewerage service to any premise if the permittee is in violation of
any provision of this Ordinance. All costs for terminating service
shall be paid by the permittee; all costs for reinstituting service
shall be paid by the permittee.
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November 12, 1975
503. CIVIL ACTION
1. Injunction
Whenever a discharge of wastewater is in violation of the
provisions of this Ordinance, the District may petition the
Superior Court for the issuance of a preliminary or permanent
injunction or both, as may be appropriate in restraining the
continuance of such discharge.
2. Civil Penalties.
Any person who violates any provision of this Ordinance or
permit condition or who violates any cease and desist order,
prohibition, or effluent limitation, shall be liable civilly
for a penalty not to exceed $6,000 for each day in which such
violation occurs. The legal counsel of the District, upon _ -
order of the District's Board of Directors, shall petition the
Superior Court to impose, assess and recover such penalties.
3. Criminal Poraltics - ..
Any person who violates any provision of this Ordinance or permit
condition or who violates any cease and desist order, .prohibition
or effluent limitation, is guilty of a misdemeanor, which, upon,
conviction, is punishable by a fine not to exceed one hundred
dollars ($100) , or imprisonment for not more than thirty (30)
days in the County Jail, or both,
504. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
When a discharge of wastes causes an obstruction, damage, or any
other impairment to District's operation or facilities, the District
may assess a charge against the discharger for the work required to
clean or repair the facility or costs incurred to resume normal -
operations. A service fee. o£ 25 percent of District's costs shall
be added to these charges and shall be payable within thirty (30) days of
invoicing by the District, '
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November 12, 1975
SOS. FALSIFYING INFO..,•01TION
.Any person who knowingly makes any false statements, representation,
record, report, plan or other document filed with the District or
who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Ordinance, shall
violate this Ordinance.
506. APPEALS
Any user, permit applicant, or permit holder affected by any decision,
action, or determination, including cease and desist orders, made by
the General Manager, interpreting or implementing the provisions of
this Ordinance or in any permit issued herein, may fi-le with the
General Manager a written request for reconsideration within ten (10)
days of such decision, action, or determination, setting forth in
detail the facts supporting the user's request for reconsideration.
The General Manager shall render a decision on the request for
reconsideration to the user, permit applicant or permit holder in
writing within 15 days of receipt of request. If the ruling on the
request for reconsideration made by the General Manager is unsatis-
factory, the person requesting reconsideration may, within 10 days
after notification of the General Manager's action; file a written
appeal with the Secretary of the Board.
A fee of $100 shall accompany any appeal to the Board of Directors
of the District for a ruling of the District. This fee may be refunded
if the appeal is sustained in favor of the appellant.
The written appeal shall be heard by the District within 45 days from the
date of filing. The District's Board of Directors shall make a Final
ruling on the appeal within 60 days from the date of filing.
507_. PAYMENT OF CHARGES AND DELINQUENCIES
Except as otherwise provided, all charges and penalties made pursuant
to the provisions of this Ordinance are due andpayable upon receipt of
_ notice thereof. All such charges shall become delinquent 30 days after
mailing notice thereof to the mailing address of the discharger subject
to such charges.
33
November 12, 1975
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.
508. 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 recurring violations of this
Ordinance.
509. WAIVER OF ORDINANCE PROVISIONS
In the event of any declared local, state or federal emergency, the
provisions of this Ordinance may be waived by resolution of the Board
of Directors.
SID. LOCAL AGENCY EXEMPTION FROM CHARGES
No excess capacity connection charges or use charges, as specified
herein, 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.
34
November 12, 1975 -
ARTICLE 6
SEVERABILITY
If any provision of these regulations or the application to any person or
circumstances is held invalid, the remainder of the regulations or the applica-
tion of such provision to other persons or other circumstances shall not be
affected.
35
November 12, 1975
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ARTICLE 7
REPEAL
Ordinance No. 1102 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 inconsistent with the provisions of
this Ordinance.
37
November 12, 1975
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ARTICLE 8
EFFECTIVE DATE
The effective date of this Ordinance shall be July 1, 1976.
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39
November 12, 1975
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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 12th day of November, 1975.
a rman of the and of Directors,
County Sanitayj n District No. 11,
of Orange Coiffity, California
ATTEST:
Secre ary, of Board of Directors,
Co y nit on District No. 11,
o range County, California
40
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STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I, J. WAYNE SYLVESTER, Secretary of the Boards of Directors of
County Sanitation District N0. 11 of Orange County, California, do hereby
certify that the above and foregoing Ordinance No. 1103 was regularly
passed and adopted at a regular meeting of said Board on the 12th day
n
of November, 19 75 , by the following vote, to wit:
AYES: Directors Laurence Schmit (Chairman), Henry Duke,
and Norma Gibbs
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of
November , 1975 ,
J.Xd a yl ter, Secretary,
Dir tors, County
ita on strict No. 11 of
Orange County, California
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