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HomeMy WebLinkAboutOCSD-06 REPEALED-BY OCSD-15 ORDINANCE NO. OCSD-06 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL, WASTEHAULER AND TRANSPORTABLE TREATMENT UNIT DISCHARGERS WHEREAS, the former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the"Predecessor Districts") were nine individual county sanitation districts organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 at sec.). By action of the Boards of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single sanitation district for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 19983 the Predecessor Districts cease to exist, and one single consolidated county sanitation district, known as the "Orange County Sanitation District" (the "District"), comes into existence in place of the Predecessor Districts. The District is formed to carry on the functions of the Predecessor Districts; and WHEREAS, the Boards of Directors of the Predecessor Districts previously adopted Ordinances establishing miscellaneous charges and fees relating to industrial, wastehauler and transportable treatment unit dischargers, as authorized by law; and WHEREAS, the Board of Directors of the District has received a management report, including financial needs of the District, and wishes to reaffirm the policy of the Predecessor Districts of establishing miscellaneous charges and fees relating to industrial, wastehauler and transportable treatment unit dischargers, and to adopt findings supporting the amount of the charges and fees adopted pursuant to this Ordinance; and WHEREAS, the Board of Directors of the District has determined that it is necessary for the immediate preservation of the public health and safety, and in order to continue the provision of sanitary sewer services, to continue in effect the substantive provisions of said Ordinances, to be effective immediately upon adoption. The Board of Directors of Orange County Sanitation District, does hereby FIND: A. That a comprehensive 30-year Master Plan of Capital Facilities entitled, "Collection, Treatment and Disposal Facilities Master Plan - 1989", hereinafter the "Master Plan", which includes detailed financial and engineering reports, has been prepared, ms m S51e 2 t- approved and adopted by the Boards of Directors of the Predecessor Districts identifying the required future development of District facilities, including the financial projections for providing sewer service to all properties within the District's service areas; and, B. That the financial and engineering reports of the Master Plan have been made available to the public and have been subject to noticed public hearings, all in accordance with the 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 collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments, or to repay federal or state loans for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and to assist in the payment of costs to the District to provide all regulatory administrative and laboratory services related to the industrial, wastehauler and transportable treatment unit dischargerstusers of the District's systems; and, D. That the fees adopted by this Ordinance are a re-enactment of fees previously adopted by authority of actions taken by the Boards of Directors of the Predecessor Districts, and are established upon a rational basis between the fees charged to each industrial, wastehauler or transportable treatment unit discharger, and the service and facilities provided to each industrial, wastehauler or transportable treatment unit discharger; and E. That the District has, by Ordinance No. OCSD-02, established separate revenue areas based upon numerous factors, including but not limited to, geographical features, Predecessor Districts'boundaries, drainage areas, and costs of service, with the intention that fees and charges would continue at the same rate within a revenue area as existed in the Predecessor Districts, except to the extent of any individual adjustments based upon approved studies and reports; and, F. That the District is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, at seg.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 at seg..), to implement and enforce a program for the regulation of wastewater discharges to the District's sewers; and, G. That the District is required by federal, state and local law to meet applicable standards of treatment plant effluent quality; and, H. That pursuant to these requirements, the Board of Directors has adopted Ordinance No. OCSD-01 establishing Wastewater Discharge Regulations; and, mso-wo szssa z -2- I. That the District incurs additional costs in conducting non-compliance sampling of those industrial wastewater dischargers who violate the District's Wastewater Discharge Regulations and in administering the industrial, wastehauler and transportable treatment unit discharger permit programs; and, J. That the Ordinance establishing Wastewater Discharge Regulations provides that the Board of Directors is to establish various fees and charges to recover those costs to the District which are made necessary by industrial wastewater, wastehauler and transportable treatment unit dischargers who violate the District's Wastewater Discharge Regulations; and, K. That the adoption of the proposed fees and charges will provide revenue to assist in the payment of the costs incurred by the District in enforcing its Wastewater Discharge Regulations; and, L. That the fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the District of industrial, wastehauler and transportable treatment unit use of the District's facilities and for the administration and implementation of permit and fee processing, non-compliance sampling and related services associated with the Source Control Program; and, M. That the Ordinance establishing Wastewater Discharge Regulations provides for the Board of Directors to establish various rates of fees and charges to recover the costs to the District of industrial, wastehauler and transportable treatment unit discharger use of the District's facilities and the costs to the District of implementing its Source Control Program in addition to the non-compliance sampling fees; and, N. That an administrative report, including financial analysis and an engineering report, have been prepared by the Predecessor Districts, now the District by operation of law, setting forth and identifying the needs and costs relating to industrial, wastehauler and transportable treatment unit dischargers' use of the District's facilities and the needs and costs of implementing the District's Source Control Program, and have been approved by the Boards of Directors at a public meeting, all in accordance with applicable provisions of law; and, 0. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a). NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: 63519 20 63516 3 -3- Section 1: Purpose. The purpose of this Ordinance is to recover those costs incurred by the District: (a) on account of industrial, wastehauler and transportable treatment unit dischargers' use of the District's facilities, (b) when administering the District's Source Control Program, and (c)when performing non-compliance sampling of industrial wastewater dischargers who have violated the District's Wastewater Discharge Regulations or the terms and conditions of the discharger's permit. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the District: (a) on account of such use of the District's facilities, and (b) in performing these tasks. action 2: Administrative Fees and Charges Relating to Permittees. Administrative fees and charges relating to permittees are hereby established in the sum or sums as set forth in Table A, attached hereto and incorporated herein by reference. Section 3: Industrial Discharger, Source Control and Non-Compliance Sampling Fees. Industrial discharger, source control and non-compliance sampling fees are hereby established in the sum or sums as set forth in Table B, attached hereto and incorporated herein by reference. Section 4: Class I and Class II Permittees - Charges for Use. As authorized by Sections 302.6 and 303.6 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, the charges for use are hereby established for Class I and Class 11 permittees as set forth in Table C attached hereto and incorporated herein by reference. Section 5: Wastehauler Charges for Use. As authorized by Section 306.7 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, the charges for use are hereby established for wastehaulers as set forth in Table D attached hereto and incorporated herein by reference. Section 6: Administrative Aooeals. A. Any user, permit applicant or pennittee affected by any decision, action or determination by the District may, within 45 days of the date of mailing by the District of the initial invoice for fees imposed pursuant to this Ordinance, request that the District reconsider imposition of such fees. Following review of such a request the District shall notify the user, permit applicant or penmittee by certified mail of the District's decision on the reconsideration request. B. Any user, permit applicant, or permittee adversely affected by the District's decision on the reconsideration request, may file an appeal in accordance with Sections 617 and 618, of the District's Wastewater Discharge Regulations Ordinance No. OCSD -01. 2 90 05192 -4- Section 7: Severability. If any provision of this Ordinance or the application to any person or circumstance is held invalid by order of court, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected. Section8: UrcencvMeasure. This Ordinance is enacted as an urgency measure to take effect immediately in order to fulfill the ongoing obligations of the Predecessor Districts, which, by operation of law, are now the District, with all legal rights and obligations being immediately transferred from the Predecessor Districts to the District. Section 9: Effective Date. The fees and charges set forth herein shall become effective July 1, 1998. Section 10: Publication. 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 required by law. PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of the Orange County Sanitation District at a Special Meeting held July 1, 1998. c Chair, Board ofDirectors, Orange County Sanitation District ATTE T: Secretary c he Boar f Directors, Orange Co ty Sanit Ikon District >Lz GY,c--c-4'�tz% homas L. Woodruff, General Counsel mso-wo 63519 2 -5- STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of Orange County Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-06 was passed and adopted at a special meeting of said Board on the 1st day of July, 1998, by the following vote, to wit: AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay; Barry Denes; Harry Dotson; James M. Ferryman; Mark Leyes; Patsy Marshall; Pat McGuigan; Darryl Miller; Eva Miner-Bradford; Mark A. Murphy; Margie Rice; Thomas R. Saltarelli; Christina Shea; William G. Steiner; Dave Sullivan; Charles E. Sylvia NOES: None ABSENT: Steve Anderson; Don Bankhead; Norman Z. Eckenrode; John M. Gullixson; Anna L. Piercy; Bob Zemel IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July, 1998. �NIiU Penny M.dkyie Secretary of the Boa of Directors of Orange County Sanitation District H9WP.DTANDMlNB5 RDINANCESHiM CS .CERTIFC TION.D TABLE A ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees: Charees A. Class I Permit $335.00/yr B. Class II Permit $ 70.00/yr C. Special Purpose Discharge Pernit $250.00/yr D. Waste Hauler Discharge Permit $ 75.00/yr E. Transportable Treatment Unit Permit $250.0 0/yr Waste Hauler Fees: F. Permit Decal Initial Issue $ 25.00 G. Permit Decal Replacement $ 50.00 H Entry Card Initial Issue $ 50.00 I. Entry Card Replacement $100.00 I. After Hours Discharge-Prearranged $ 85.00/event K. After Hours Discharge- Emergency $100.00/event Administrative/Processine Fees: L. Districts Collection of Tax Data $I00.00/permit M. Districts Collection of Water Consumption Data $100.00/permit N. Appeal Hearing Filing Fee $400.00 2 eo- 0519 2 -6- TABLE B INDUSTRIAL DISCHARGER,SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cost of Processing and Sampling Following a Minor Violation $225.00/event Cost of Processing and Sampling Following a Major Violation $500.00/event Cost of Analysis: 1. Heavy Metals -this one price $19.00 Price includes analysis for all the following: Cadmium Lead Chromium Silver Copper Zinc Nickel 2. Aluminum $19.00 3. Antimony $19.00 4. Arsenic $19.00 5. Gold $19.00 6. Mercury $145.00 7. Molybdenum $19.00 8. Palladium $19.00 9. Platinum $19.00 10. Selenium $19.00 11. Thallium $19.00 12. 601/602 $152.00 13. 604 $223.00 14. 606 $254.00 20W" rose 2 -7- TABLE B (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES 15. 608 $254.00 16. 610 $37.00 17. 612 $200.00 18. 624 $219.00 19. 625 $445.00 20. Ammonia Analysis as Nitrogen $26.00 21. Biochemical Oxygen Demand $29.00 22. BOD and Suspended Solids Analysis $36.00 23. Chemical Oxygen Demand $14.00 24. Conductivity $7.00 25. Cyanide(Amenable) $67.00 26. Cyanide(Total) $42.00 27. Dissolved Mineral Solids $13.00 28. Gamma Radiation Determination $115.00 29. Gross Alpha and Beta Determination $50.00 30. Tritium Determination $50.00 31. Grease and 00 (Hexane Soluble Matter) $79.00 32. Grease and Oil (Mineral Partition) $79.00 33. Total Organic Nitrogen $26.00 34. pH $7.00 2090. 00 63518 2 -8- TABLE B(CONTINUED) INDUSTRIAL DISCHARGER,SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charee 35. Fluoride $35.00 36. Suspended Solids(Total) $7.00 37. Suspended Solids(Total and Volatile) $14.00 39. Total Dissolved Solids $9.00 39. Total Sulfides $20.00 mvo-xro vsse x -9- TABLE C CLASS I AND CLASS II PERM rFEES CHARGES FOR USE Revenue Area Flow * S.S. M B.O. D.(*) Revenue Area No. 1 $205.49 $206.10 $162.25 Revenue Area No. 2 $206.94 $186.20 $146.58 Revenue Area No. 3 $265.28 $185.04 $145.67 Revenue Area No. 5 $297.30 $196.42 $154.63 Revenue Area No. 6 $167.11 $165.67 $130.42 Revenue Area No. 7 $339.87 $187.21 $147.38 Revenue Area No. 11 $278.33 $173.46 $136.56 Revenue Area No. 13 $400.94 $131.30 $103.36 Revenue Area No. 14 $263.32 $118.03 $ 92.92 *Flow -Per million gallons of flow *&S. -Per thousand pounds of suspended solids *B.O.D. -Per thousand pounds of biochemical oxygen demand ova ao sss�e z -10- TABLE D WASTEHAULER CHARGES FOR USE Wastehauler Fees Charees A. Charge for Use -Waste $0.035/gallon of Originating Within truck capacity Orange County B. Charge for Use -Waste $0.11/gallon of Originating Outside truck capacity Orange County 2 3w 63518 2 -1 l'