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HomeMy WebLinkAboutOrdinance No. 1314 ORDINANCE NO. 1314 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 13 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING CHARGES FOR USE OF DISTRICT FACILITIES BY INDUSTRIAL USERS AND NASTERAULERS The Board of Directors of County Sanitation District No. 13 of Orange County, California (hereinafter "District") does hereby find: A. That a Comprehensive 30-year Master Plan of Capital Facilities entitled "Collection, Treatment and Disposal Facilities Master Plan - 198911, hereinafter the "Master Plan", which includes detailed financial and engineering reports, has been prepared, approved and adopted by the Board of Directors setting forth and identifying the required future development of District and jointly owned facilities, including the financial projections for providing sewer service to all properties within the District service area; and, B. That the financial and engineering reports of the Master Plan and the additional administrative and engineering reports have been made available to the public and have been subject to noticed public hearings, all in accordance with the provisions of Government Code Section 66016 and other provisions of law; and, C. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance and operation of the wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments or to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserve; and, D. That the wastehaulers upon which the fees established by this Ordinance are levied, discharge wastewater to the District's treatment and disposal facilities. The costs of providing the disposal station service and monitoring of wastehauler discharges have constantly increased due in part to increased regulatory requirements to upgrade the treatment process; and, E. That additional administrative reports upon which the wastehauler fees are based have been approved and adopted by the Board of Directors setting forth and identifying District financial costs relating to providing treatment and disposal services for wastehaulers; and, F. That the proposed increases in the wastehauler service charges are established upon a rational basis between the fees charged each wastehauler and the service and facilities provided to each wastehauler to the District; and, G. That the need for upgraded and improved treatment of all wastewater treatment and disposal facilities is required to protect the public health and safety to preserve the environment without damage; and, H. That the new fees established by this Ordinance do not exceed the estimated amount required to provide the treatment and disposal service for which the fee is levied, as provided in Government Code Sections 66013 and 66016; and, -2- I. That the change in rate structure will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these rates will not result in any specific project nor result in a direct physical change in the environment; and, J. That the District has, on July 19, 1989, adopted a Final Program Environmental Impact Report in accordance with legally required notices and public hearing, related to the Master Plan, including the financial program; and, K. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act from further environmental assessment pursuant to the provisions of California Public Resources Code Section 21080(b) (8) and California Code of Regulations Section 15273 (a) . NOW, THEREFORE, the Board of Directors of County Sanitation District No. 13 of Orange County, California, does hereby ORDAIN: section 1: Section 302. 6(B) of Ordinance No. 1311 is hereby amended by substituting the term ORDINANCE for the term RESOLUTION referred to therein. Section 2 : Section 303 .6 (B) of Ordinance No. 1311 is hereby amended by substituting the term ORDINANCE for the term RESOLUTION referred to therein. Section 3 : Section 304 .6 (B) of Ordinance No. 1311 is hereby amended by substituting the term ORDINANCE for the term RESOLUTION referred to therein. -3- Section 4: Section 306.7 of Ordinance No. 1311 is hereby amended by substituting the term ORDINANCE for the term RESOLUTION referred to therein. Section 5: Section 702 (B) (2) of Ordinance No. 1311 is hereby amended by substituting 11$2,350" for 11$1,500" in accordance with the March 11, 1992 action of the Board of Directors. Section 6: As authorized by Sections 302.6, 303.6 and 304.6 of Ordinance No. 1311, the charges for use are hereby established for Class I, Class II and Class III Permittees as set forth in Tables A and B attached hereto. Section 7: As authorized by Section 306.7 of Ordinance No. 1311, the charges for use are hereby established for wastehaulers as set forth in Table C attached hereto. section S: If any provision of this Ordinance or application thereof to any person or entity is held invalid by order of court, the remainder of the Ordinance or the application Of such provision to other persons or entities shall not be affected. Section 9: Effective Date This Ordinance shall become effective January 1, 1994. Section 10: Challenges Any legal challenge to the validity of the charges for use adopted herein shall be made pursuant to the provisions of the Health & Safety Code Section 5472. -4- Section 11: Repeal The following resolution is repealed as of the effective date of this Ordinance: District No. 13 -- Resolution No. 91-144-13 Section 12 : The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as the District is required by law. PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of County Sanitation District No. 13 of Orange C unty, California, at a regular meeting held NovemberI 3 . rman, Board of D1 ctors ty Sanitation District No. 13 of ge County, California ATTEST eA r o • As letant f the Board of Directors Vou Sanitation District No. 13 of Oran County, California �,. ). •y TABLE A CLASS I AND CLASS 11 PERMITTEES - CHARGES FOR USE (DISTRICT NO. 13) For Flow $400.94 per million gallons of flow For Suspended Solids $131.30 per thousand pounds of suspended solids For Biochemical Oxygen Demand $103.36 per thousand pounds of BOD TABLE B CLASS III PERMITTEES - CHARGES FOR USE (DISTRICT NO. 13) u For Flow $890.21 per million gallons of flow TABLE C WASTEHAULER CHARGES FOR USE Wastehauler Fees: Charge A. Charge for Use - Waste $0.035/gallon of Originating Within Orange County truck capacity B. Charge for Use - Waste $0.11/gallon of Originating Outside Orange County truck capacity bs/4rd/r1314 STATE OF CALIFORNIA) )SS'. COUNTY OF ORANGE ) I, PENNY KYLE, Assistant Secretary of the Board of Directors of County Sanitation District No. 13 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 1314 was passed and adopted at a regular meeting of said Board on the loth day of November, 1993, by the following vote, to wit: AYES: John Gullixson, Chairman, Fred Barrera, Glenn Parker, Iry Pickler, William G. Steiner NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this loth day of November, 1993. Penny Kyle Assistant reta of tl =Boaad4..pf ^ Directors of County Sanitat`lon•,rl,l District No. 13 of Orange;.Countyl,>::;' California odN3//OB-1371