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HomeMy WebLinkAboutOCSD-15 REPEALED BY OCSD-18 ORDINANCE NO. OCSD —15 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE ' COUNTY SANITATION DISTRICT ADOPTING SANITARY SEWER SERVICE CHARGES; ADOPTING CAPITAL FACILITIES CONNECTION CHARGES; ESTABLISHING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS; AND REPEALING ORDINANCES NOS. OCSD-05, OCSD-06, OCSD-11, AND OCSD-13 WHEREAS, the Board of Directors of the Orange County Sanitation District ("District") has previously adopted Ordinance No. OCSD-05, as amended by Ordinance No. OCSD-13, establishing annual Sanitary Sewer Service Charges for all uses, which Ordinance is presently in full force and effect; and WHEREAS, the Board of Directors of District has previously adopted Ordinance No. OCSD-11, establishing Capital Facilities Capacity Charges to be imposed when properties either newly-connect to the District's system, or expand the use of the property previously connected to the District; and WHEREAS, the Board of Directors of District has previously adopted Ordinance No. OCSD-06, as amended by Ordinance No. OCSD-13, establishing miscellaneous industrial discharger fees, source control/non-compliance sampling fees, and wastehauler charges; and WHEREAS, for purposes of improved efficiency and effectiveness of the District's operations, it is the intent, by the adoption of this Ordinance, to re-enact the existing Ordinances that establish fees and charges, into one comprehensive, master Ordinance. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings— Declaration of Intent. The Board of Directors of District has previously adopted Master Plans, as more particularly described in Findings B, C, D, and E below, setting forth the financial and engineering needs of the District, and hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. 1 A. That 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 et seq.). By action of the Board 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, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District, came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts. B. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan— 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of District Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts. C. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of California Government Code Section 66016, and other provisions of law. D. That the Predecessor Districts, during the years 1997 and 1998, commenced comprehensive planning, engineering, and financial studies to develop an updated Comprehensive Master Plan of Capital Facilities, which studies are referred to as the District's "Strategic Plan", which was approved and adopted by the Resolution No. 99-21 of Board of Directors on October 27, 1999. E. That the District, in 1997, as part of its Strategic Plan studies, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. F. That the financial requirements of the District, as shown in reports prepared by Staff and Consultants relating to the Strategic Plan, are 2 based on current, reliable information and data relating to population projections, wastewater flow, and capital facilities' needs, and are expected to be realized in each year as described in the reports. G. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the sewage collection, wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments; 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 reserves; and to assist in the payment of costs to the District to provide all regulatory administration and laboratory services related to the industrial dischargers, source control pennittees, and wastehauler users of the District's systems. H. That the owners or occupants of properties upon which all fees and charges established by this Ordinance are levied, discharge wastewater to the District's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process. I. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. J. That the Sanitary Sewer Service Charges established and levied by this Ordinance are to allow the District to recover the reasonable costs to provide a service to individual parcels of real property which have been improved for any of numerous types of uses. The basis for the respective charge is the request of the owner of a parcel, for the benefit of him/her/itself, or the occupants of the property, to receive a service based upon actual use, consumption, and disposal of water to the District's system in lieu of disposal by other means. K. That the Sanitary Sewer Service Charges established by this Ordinance are not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and do not exceed the estimated reasonable cost to provide the sewer service for which the fee is levied, as provided in Government Code Sections 66013 and 66016 and California Constitution Article XIIID. Said fees are not new and are not an increase over any fees presently in effect. L. That the Sanitary Sewer Service Charges adopted herein will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these Sanitary Sewer Service 3 Charges will not result in any specific project, nor result in a direct physical change in the environment. M. That the Sanitary Sewer Service Charges adopted herein are established upon a rational basis between the fees charged each customer and the service and facilities provided to each new customer to the District, a portion of which are necessary to replace the loss of ad valorem property taxes to the State General Fund as a result of state legislative action on September 2, 1992, and in subsequent years. N. That the Board of Directors has previously, by duly adopted Ordinances, commencing in 1969, and most recently by Ordinance No. OCSD- 11, established Capital Facilities Connection Charges, formerly known commonly as "connection charges" or"fees", to be paid by all persons obtaining a permit to connect to the District's system. Said Charges are required as a financial payment to have access to and use of the District's wastewater collection, treatment and disposal facilities in existence at the time of connecting to the system, and for future facilities to be constructed. O. That the District's previous and present Capital Facilities Connection Charges Ordinances, include[d] authority for the District to levy an excess or supplemental capacity charge upon commercial and industrial users who discharge quantities or high strength wastewater greater than the established base line of authorized discharge. P. That the Capital Facilities Connection Charges re-enacted by this Ordinance are non-discriminatory, as applied to all users of the system, and are established upon a rational basis between the fees charged each category of property that is connecting, and the service and facilities provided to each connected property by the District. Q. That the miscellaneous charges and fees re-enacted by this Ordinance are established upon a rational basis between the fees charged to each industrial discharger, source control permittee, or wastehauler and the service and facilities provided to each. R. That the District is required by federal and state law, including the Federal Water Pollution Control Act, also known as the Federal Clean Water Act (33 U.S.C. 1251, at seq.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (California Water Code Sections 13000 at seq.)to implement and enforce a program for the regulation of wastewater discharges to the District's sewers. S. That the District is required by federal, state and local law, to meet applicable standards of treatment plant effluent quality. 4 T. That pursuant to these requirements, the Board of Directors has adopted Ordinance No. OCSD-01, as amended, Establishing Wastewater Discharge Regulations. U. 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 special discharge permit programs. V. That Ordinance No OCSD-01, as amended, 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 dischargers and wastehaulers who violate the District's Wastewater Discharge Regulations. W. That the industrial discharger, source control, and wastehauler fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the District of industrial discharger, source control, or wastehauler 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 District's Source Control Program. X. That all fees and charges established herein have been approved by the District's Board of Directors at a public meeting, all in accordance with applicable provisions of law. Y. 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). Z. That each of the Findings set forth in Ordinances Nos. OCSD-05, OCSD-06, OCSD-11, and OCSD-13 are reaffirmed and readopted hereat, except to the extent that they have been superseded or otherwise amended by specific Findings herein. ARTICLE II SANITARY SEWER SERVICE CHARGES Section 2.01. Purpose and Scooe. The purpose of this Ordinance is to establish Sanitary Sewer Service Charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment works and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, 5 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 and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2.02. Annual Sanitary Sewer Service Charge. Commencing with the effective date of this Ordinance, the owner of each parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use and which, at the request of the owner or the owners predecessor-in-interest, is connected to the District's system, shall pay an annual Sanitary Sewer Service Charge based on the respective class of users, in the sum or sums, as set forth in Tables A and B of this Ordinance, both attached hereto and incorporated herein by reference. The annual Sanitary Sewer Service Charges for residential users are set forth in Table A. The annual Sanitary Sewer Service Charges for commercial or industrial users are dependent upon the respective classifications of property use, determined by reference to Table B; the applicable percentage figure shown on Table B with respect to the particular use classification is multiplied by the applicable single family residential rate shown in Table A, to arrive at the annual Sanitary Sewer Service Charge for the commercial or industrial user. Table A establishes separate rates with respect to each of the nine Revenue Areas, with the exception of Revenue Area No. 14, as to which costs are paid by the Irvine Ranch Water District. Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sanitary Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.03B and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs B or C. B. Application for Rebate. Any property owner may apply to the District for a rebate of Sanitary Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: (1) The principal water use is agricultural or horticultural; or 6 (2) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. C. Application for Refund. Any property owner may apply to the District for a refund of Sanitary Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: (1) The owners parcel of property is not connected to the District's system; or (2) The property has not been classified in the proper land use category; or (3) A clerical error has been made. D. Limitations Period. Applications for rebates and refunds shall be deemed to be governed by the provisions of California Revenue & Taxation Code Sections 5096 and 5097, allowing for refunds for a period of four(4) years from the date of payment of the second installment of the bill claimed to be either inequitable or incorrect. E. Determination. All applications for rebates or refunds of the Sanitary Sewer Service Charge will be determined by the General Manager of the District, or his designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any 7 other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section 2.04. Annual Charge Based on Fiscal Year. The Sanitary Sewer Service Charges established by this Ordinance shall be effective as of July 1 of each year, as set forth in Tables A and B, attached hereto, for the District's fiscal year, and shall remain in effect until such time as the rates adopted herein are changed by District Ordinance. There shall be no proration of such charges in any fiscal year. Section 2.05. Method of Collection. A. Pursuant to the authority granted by California Health & Safety Code Section 5473, and except as otherwise provided in Subparagraph 2.05E below, all sanitary sewer service charges established herein shall be collected on the County Tax Roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the terms and conditions of agreements between the County of Orange and the District. B. In the event District determines that, due to billing or payment error, or to inequity in the amount billed, a property owner has underpaid annual Sanitary Sewer Service Charges payable to District, District, within four(4) years after the date of mailing of the tax bill, may: (1) collect the amount of any deficiency directly on the County Tax Roll; (2) off-set the amount of any deficiency against any amounts that District determines is owing, by District, to the property owner, as a rebate or refund under this Ordinance; or (3) submit, directly to the property owner, a bill for the amount of any deficiency, which shall be due and payable within thirty (30) days of the invoice date and which, if not paid, shall become a lien on said property. Section 2.06. Credit for Industrial Permittees. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of District Ordinance No. OCSD-01, as amended, in an amount equal to the annual Sanitary Sewer Service Charge established by Section 2.02 of this Ordinance, in the same manner as credit is allowed for ad valorem taxes pursuant to Sections 302.6(B), and 303.6(B) of District Ordinance No. OCSD-01, as amended. 8 TABLE A ANNUAL SEWER SERVICE CHARGES FOR RESIDENTIAL USERS Sinale Family Residential Rates 1998-99 1999-2000 2000-01 2001-02 Adopted SF R Adopted SF R Adopted SF R Adopted SFR Revenue Area No. 1 $ 96.41 $110.04 $78.00 $80.00 Revenue Area No. 2 $ 74.00 $ 77.00 $78.00 $80.00 Revenue Area No. 3 $ 75.50 $ 77.00 $78.00 $80.00 Revenue Area No. 5 $ 84.50 $ 96.75 $78.00 $80.00 Revenue Area No. 6 $ 79.00 $ 82.00 $78.00 $80.00 Revenue Area No. 7 $ 60.00 $ 66.00 $73.00 $80.00 Revenue Area No. 11 $ 80.00 $ 90.00 $78.00 $80.00 Revenue Area No. 13 $100.00 $100.00 $78.00 $80.00 Revenue Area No. 14 All Revenue Area No. 14 Costs Are Paid Directly by the Irvine Ranch Water District Multi-Family Residential Rates Per Unit 1998-99 1999-2000 2000-01 2001-02 Adopted MFR Adopted MFR Adopted MFR Adopted MFR Revenue Area No. 1 $67.49 $77.03 $54.60 $56.00 Revenue Area No. 2 $51.80 $53.90 $54.60 $56.00 Revenue Area No. 3 $52.85 $53.90 $54.60 $56.00 Revenue Area No. 5 $59.15 $67.73 $54.60 $56.00 Revenue Area No. 6 $55.30 $57.40 $54.60 $56.00 Revenue Area No. 7 $42.00 $46.20 $51.10 $56.00 Revenue Area No. 11 $56.00 $63.00 $54.60 $56.00 Revenue Area No. 13 $70.00 $70.00 $54.60 $56.00 Revenue Area No. 14 All Revenue Area No. 14 Costs Are Paid Directly by the Irvine Ranch Water District 9 TABLE B ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1.000 SF or Unit 1 Vacant Land Parcel 0% 5 Common Area Parcel 0% 6 'Hold" Parcel 0% 8 Equivalent to Vacant 0% 121 Parcel of Minimal or No Value 0% 122 Subsurface Parcels 0% 124 Oil/Mineral Rights 0% 125 Mineral Rights Equipment 0% 126 Vacant Comm. Area-IMP Alloc. 0% 201 Homeowners Exemption AddT 0% 666 Unassigned Vacant 0% 777 Septic Tank Property 0% 112 Steel Building 7% 113 Mini-Warehouse 7% 58 Nurseries (Plants) 10% 100 Drive-In Theater 10% 44 Lumber/Constr. Material Yard 17% 71 Parking Garage 17% 72 Paved Parking Lot 17% 110 Warehouse—Single Tenant 17% 111 Warehouse— Multi Tenant 17% 115 Recreational Vehicle Storage 17% 116 Truck Terminal 17% 33 Church Buildings 20% 94 Department Store 23% 95 Discount Store 23% 96 Unattached Single Store 23% 97 Strip Store 23% 74 Recreational Vehicle Park 27% 36 Financial Buildings 27% 40 Health Club 29% 68 High Rise Office 30% 21 Automobile Dealership 41% 22 Auto Repair Shop 41% 23 Automotive Service 41% 24 Used Car Lot 41% 39 Golf Course 41% 57 Motorcycle/Small Vehicle Building 41% 83 Automotive Service Station 41% 10 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 84 Marine Service Station 41% 86 Combin:Service Station/Convenience 41% 65 Single Office Bldgs. to 3 Stories 41% 66 Small Office Center 41% 67 Office Complex 41% 69 Converted Residence to Office 41% 7 Mobile Home 50% 55 Mobile Home Park 50% 107 Light Industrial —Single Tenant 50% 108 Light Industrial —Multi Tenant 50% 109 Research and Development 50% 114 Industrial Park 50% 37 Fraternal Buildings 51% 101 Unattached Theater 51% 26 Airport and Related Buildings 53% 45 Marinas 53% 88 Low Flow Shopping Center 53% 3 Two or More Residences 70% 10 Duplex Only 70% 11 Triplex Only 70% 12 04-Units Only 70% 13 5 to 16 Units 70% 14 17 to 25 Units 70% 15 26 to 40 Units Only 70% 16 41-99 Units Only 70% 17 100 or More Units 70% 18 Developed with a Mix of Forms 70% 63 Low Rise Retirement Building 70% 64 High Rise Retirement Building 70% 81 Pre-Schools, Nursery or Care 82% 82 Private Schools 82% 98 Store with Offices or Living Quarter 82% 99 Store with Office Upstairs 82% 118 Governmental Use Vacant/Develop. 82% 19 SFR with 1 or 2 rental units 85% 34 Dormitory 97% 42 Hospital 97% 43 Hotel 97% 56 Motels and Motor Hotels 97% 11 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 0 Conversion-C/1, Rural PC 100% 2 One Residence 100% 4 Miscellaneous Improvement 100% 85 Comb. Serv. Stn./Restaurant 100% 103 Chemical Tank and Bulk Storage 100% 104 Food Processing Plant 100% 105 Cold Storage Plant 100% 106 Factory 100% 119 Public Utility 100% 120 Water Mutual or Company 100% 888 Conversion-Composite Prop. 100% 32 Cemetery & Related Buildings 101% 38 Funeral Home 101% 60 Nursing Home 102% 61 Convalescent Hospitals 102% 62 Converted Res. Used as Nursing 102% 28 Bowling Alleys 112% 92 Skating Rinks 112% 50 Single Medical Bldgs. to 3 Stories 124% 51 Small Medical Center 124% 52 Medical Center Complex 124% 53 High Rise Medical 124% 54 Converted Residence to Medical 124% 89 Average Flow Shopping Center 139% 20 Amusement Parks 144% 35 Entertainment Center 144% 73 Recreation 144% 30 Coin Operated Car Wash 151% 47 Supermarket 151% 48 Convenience Market 151% 90 High Flow Shopping Center 226% 76 Restaurant—Take Out 300% 77 Restaurant—Coffee Shop 600% 78 Restaurant—Dinner House 600% 79 Restaurant—Conversion from SF 600% 29 Conventional Car Wash 796% NOTE: Multiply the applicable percentage figure by the Table A Single Family Residential Rate for the applicable Revenue Area,in order to determine the rate per 1,000 square feet for the commercial or industrial user. 12 ARTICLE III CAPITAL FACILITIES CONNECTION CHARGES Section 3.01. Purpose and Scope. The purpose of this Ordinance is to impose Capital Facilities Capacity Charges when properties, either newly- connect to the District's system, or expand the use of the property previously connected to the District. 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. Section 3.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of a District facility, such as financing, planning, designing, acquisition of the property or interests in the property, construction, reconstruction, rehabilitation, and repair. B. "Capital Facilities Capacity Charge" means a one-time, non- discriminatory charge imposed at the time a property is connected to the District's system, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for District facilities in existence at the time the charge is imposed, or to pay for new facilities to be constructed in the future, that are of benefit to the property being charged. The Supplemental Capital Facilities Connection Charge, as provided for in Sections 3.07, 3.08, and 3.09 of this Ordinance, is an annual charge payable to the District on a quarterly or annual basis, as determined by the District. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the District's system, including but not limited to, installation of meters, meter boxes, pipelines, and appurtenances to make the connection and which fee does not exceed the actual cost of labor, materials, and overhead for the installation of those facilities. D. "Non-discriminatory" means that the Capital Facilities Capacity Charge does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable public or non- public users, and is not in excess of the proportionate share of the cost of the District's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. 13 E. "Public agency" means the United States or any of its agencies, the State or any of its agencies, the Regents of the University of California, a county, city, district, school district, local or regional public authority, or any other political entity, subdivision or public corporation of the State. Section 3.03. Connection Permits: Reouired. A. Connection permits are required of all dwelling units, buildings, and structures connecting directly or indirectly to the District's sewerage system facilities. Included are the connections of laterals to local municipal sewerage facilities, and the connection of local municipal sewerage facilities and laterals to the District's facilities. B. Except as authorized by the issuance of a Special Purpose Discharge Permit under Sections 305—305.6 of Ordinance No. OCSD-01, or as amended, or as authorized pursuant to a special extra territorial service agreement approved by the Board of Directors, 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 sewering facilities. However, a permit, as authorized above, 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. There will be a non-discriminatory Capital Facilities Capacity Charge assessed to public agencies for connecting directly or indirectly to the District's sewerage system facilities, and a connection permit must be obtained. Section 3.04. Capital Facilities Capacity Charge: Payment Required. No application for a permit for a connection to a District sewerage facility, or to any sewerage facility which discharges into a District sewerage facility, shall be approved, nor a permit issued, until a District Capital Facilities Capacity Charge is paid by the applicant. No connection permit shall be issued unless there is an established category of use of the property to be served or a valid building permit issued which establishes the category of use of said property. Section 3.05. Capital Facilities Capacity Charge: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the District's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the District, excepting in the rase of a building legally exempt from the requirement of obtaining a permit. The payment of the Capital Facilities Capacity Charge for such exempt buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within 14 the territorial limits of the District., or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to conned to the Distdct's system, the Board of Directors of District, in its sole and absolute discretion and upon a finding of compelling need, may, pursuant to the authority of California Health & Safety Code Section 5474, approve of an agreement with the property owner for the payment of the applicable connection charge in installments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum, and that the charges and interest shall constitute a lien on the property. Section 3.06. Capital Facilities Capacity Charge: Schedule of Amounts. Every person or entity newly-connecting any building or structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table C, attached hereto and incorporated herein by reference. Section 3.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users— Definitions. A. A Significant Commercial — Industrial User("SCIU") is any person or entity who discharges commercial or industrial process flow, but excluding domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS")greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit, as prescribed by Ordinance No. OCSD-01, as amended, Article 3, due to having federally or District regulated or significant discharges. B. An Existing SCIU is any SCIU discharger connected and discharging to the District's system prior to January 1, 2000. C. A New SCIU is any discharger who connects and discharges to the District's system pursuant to a Waste Discharge Permit issued on or after January 1, 2000; or if previously connected and not an SCIU, as defined in Subparagraph 3.07A above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU. D. The maximum discharge allowed to a user,for which a base Capital Facilities Capacity Charge is paid, as per Table C, attached hereto, is 25,000 gallons per day ("gpd"), or 150 pounds each of BOD and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subparagraph 3.07D shall be subject to the provisions of Sections 3.08 and 3.09 hereof. 15 E. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the District as of January 1, 2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge data which the District determines is representative of the users actual annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's solely because of the requirements to obtain a Waste Discharge Permit, pursuant to Section 3.07A above, shall have a minimum baseline established as follows: Flow—25,000 gallons per day; BOD— 150 pounds per day; and SS— 150 pounds per day. The SCIU shall be authorized to discharge flow, and BOD, and SS up to the baseline amounts without payment of a Supplemental Capital Facilities Capacity Charge. F. The Supplemental Capital Facilities Capacity Charge, as prescribed by Sections 3.08 and 3.0 below, shall be payable commencing with the effective date of this Ordinance. G. Within two (2)years from the date of the District's written notice to the SCIU of its baseline amounts, the SCIU shall have a right to appeal the Districts established baseline for the SCIU. The appeal shall be to the General Manager, or his designated representative, who shall have discretion, based upon extraordinary circumstances, wherein the established baseline is not representative of the historical average daily discharge by the SCIU for a yearly period, to modify the baseline amounts for the current year, or on a permanent basis, subject to terms and conditions as prescribed by the General Manager. The decision of the General Manager shall be final. Section 3.08. Supplemental Capital Facilities Capacity Charge: New Significant Commercial— Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table C, attached hereto, for commercial—industrial use category properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge maximums, in the following amounts: Daily Charge Flow Gallons Per Day $0.00057 BOD Pounds Per Day $0.14461 SS Pounds Per Day $0.16025 Section 3.09. Supplemental Capital Facilities Capacity Chame: Existing Significant Commercial— Industrial Users. A. All Existing Significant Commercial— Industrial Users connected to and discharging to the District's system shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either(i) 16 an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline authorization, whichever is lesser; or(ii) an increase of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section 3.09A above: Daily Charge Flow Gallons Per Day $0.00057 BOD Pounds Per Day $0.14461 SS Pounds Per Day $0.16025 C. The Supplemental Capital Facilities Capacity Charge shall be calculated on the basis of the average daily quantity of discharge in excess of the User's baseline. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the District. Section 3.10. Capital Facilities Capacity Charge: Reolacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, attached hereto, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C that would be for the prior category of use which was terminated and removed. Section 3.11. Capital Facilities Capacity Charge: Remodeled Structures. In the case of existing structures connected to the District's system facilities, to which new construction or alteration is made to change or increase the category of use, a Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, attached hereto, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C for the prior category of use. Section 3.12. Payment of Capital Facilities Capacity Charge: Off- Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to off-site sewers which are not included as part of the District Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the District and the property owner, shall be paid in the amount provided for in said Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in said Agreement shall be the amount due, whether the original Agreement is still in force, has been extended, or has expired. The Non-Master Plan Capital 17 Facilities Capacity Charge shall be in addition to the other Capital Facilities Capacity Charges provided for in Sections 3.06 through 3.09 hereinabove, established for property connecting to said facilities. Section 3.13. No Refund or Transfer. A Capital Facilities Capacity Charge is paid for the connection of a specific building or structure on a parcel of property. No refund of any charge shall be made because of non-use or change of use, or any other reason. The connection permit is non-transferable to any other parcel of property. Section 3.14. Baseline Transferability. The baseline of allowed discharge of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall not be transferable, nor shall a credit for such previously existing baseline be provided to another SCIU concurrently or subsequently occupying the same property. Each such SCIU shall pay Supplemental Capital Facilities Capacity Charges in accordance with Section 3.08 above. TABLE C CAPITAL FACILITIES CAPACITY CHARGES Use Category Rate Basis Base Charge Commercial — Industrial Per 1,000 square feet' Low Demand Per 1,000 square feet $ 110.00' Average Demand Per 1,000 square feet $ 675.001 High Demand Per 1,000 square feet $1,600.001.2 Single Family Residential Per Unit 5+ Bedrooms Per Unit $2,530.00 4 Bedrooms Per Unit $2,165.00 3 Bedrooms Per Unit $1,820.00 2 Bedrooms Per Unit $1,475.00 1 Bedroom Per Unit $1,130.00 Multi-Family Residential Per Unit 4+ Bedrooms Per Unit $1,965.00 3 Bedrooms Per Unit $1,620.00 2 Bedrooms Per Unit $1,275.00 1 Bedroom Per Unit $ 910.00 Studio Per Unit $ 580.00 Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $1,820.00; and all calculations shall be on a per square foot basis. 18 2The Base Capital Facilities Capacity Charge is established at$1,600.00 per 1,000 square feet, but shall be incrementally increased from the present amount at five (5) levels, and five (5)time periods as follows: Effective September 1, 1999 $ 675.00 per 1,000 sq. ft. Effective January 1, 2000 $ 900.00 per 1,000 sq. ft. Effective July 1, 2000 $1,130.00 per 1,000 sq. ft. Effective January 1, 2001 $1,360.00 per 1,000 sq. ft. Effective July 1, 2001 $1,600.00 per 1,000 sq. ft. A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office of the Board Secretary of the District, and in the Building Department of each City within the District. "Low Demand connections are the following categories of Users: Nurseries; Warehouses; Parking Structures; RV Storage; Churches; Truck Terminals; RV Parks; Lumber/Construction Yards; and other dischargers whose flow is similar in volume to these listed categories. "High Demand connections are the following categories of users: Restaurants, Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with Restaurants; Food Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in volume to these listed categories. 'All other connections are Average demand users. 19 ARTICLE IV MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 4.01. Purpose and Scope. The purpose of this Ordinance is to recover those costs incurred by the District (I) on account of industrial dischargers' and wastehaulers' use of the District's facilities; (ii)when administering the District's Source Control Program; and (iii) 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 (i) on account of such use of the District's facilities; and (ii) in performing these tasks. Section 4.02. 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 D, attached hereto and incorporated herein by reference. Section 4.03. 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 E, attached hereto and incorporated herein by reference. Section 4.04. Special Purpose Discharge Permittees; Charges for Use. As authorized by Sections 305.5 and 305.6 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, charges for use are hereby established for Special Purpose Discharge Permittees, as set forth in Table F, attached hereto and incorporated herein by reference. Section 4.05. Class I and Class II Permittees—Charges for Use. As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, the charges for use are hereby established for Class I and Class II Permittees as set forth in Table F, attached hereto and incorporated herein by reference. Section 4.06. Wastehauler Charges for Use. As authorized by Sections 306.3 and 306.7 of the District's Wastewater Discharge Regulations adopted by Ordinance No. OCSD-01, as amended, the charges for use are hereby established for wastehaulers as set forth in Table G, attached hereto and incorporated herein by reference. 20 Section 4.07. Administrative Appeals. A. Any user, permit applicant, or permittee affected by any decision, action, or determination by the District may, within forty-five (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 permittee 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 619 of the Districts Wastewater Discharge Regulations Ordinance No. OCSD-01, as amended. TABLE D ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees Chames A. Class I Wastewater Discharge Permit $335.00/year B. Class II Wastewater Discharge Permit $70.00/year C. Special Purpose Discharge Permit $250.00/year D. Special Purpose Discharge Permit- One-Time Application $975.00/permit E. Wastehauler Discharge Permit $75.00/year Wastehauler Fees Chames 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 J. After Hours Discharge — Prearranged $85.00/event K. After Hours Discharge— Emergency $100.00/event 21 TABLED (CONTINUED) ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Administrative/Processing Fees: Charges L. District's Collection of Tax Data $100.00/permit M. District's Collection of Water Consumption Data $100.00/permit N. Appeal Hearing Filing Fee $400/appeal 22 TABLE E 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 Chame Heavy Metals: $35.00/each -Aluminum -Antimony -Arsenic - Cadmium - Chromium - Copper - Gold - Lead - Molybdenum - Nickel - Palladrum - Platinum - Selenium - Silver -Thallium - Zinc Mercury $78.00 601/602 $152.00 604 $223.00 606 $254.00 608 $523.00 610 $73.00 612 $200.00 624 $355.00 625 $661.00 Ammonia Analysis as Nitrogen $21.00 Biochemical Oxygen Demand ('BOD") $44.00 BOD and Suspended Solids ("SS")Analysis $67.00 Chemical Oxygen Demand $44.00 Conductivity $15.00 23 TABLE E (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cyanide (Amenable) $70.00 Dissolved Mineral Solids $15.00 Gamma Radiation Determination $115.00 Gross Alpha and Beta Determination $50.00 Tritium Determination $50.00 Grease and Oil (Hexane Soluble Matter) $74.00 Grease and Oil (Mineral Partition) $74.00 Total Organic Nitrogen $48.00 pH $8.00 Fluoride $51.00 Suspended Solids (Total) $23.00 Suspended Solids (Total and Volatile) $44.00 Total Dissolved Solids $14.00 Total Sulfides $29.00 24 TABLE F CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Revenue Area Flow (*) S.S.. (**) B.O.D.(***) Revenue Area No. 1 $224.94 185.07 177.07 Revenue Area No. 2 $224.94 185.07 177.07 Revenue Area No. 3 $224.94 185.07 177.07 Revenue Area No. 5 $224.94 185.07 177.07 Revenue Area No. 6 $224.94 185.07 177.07 Revenue Area No. 7 $224.94 185.07 177.07 Revenue Area No. 11 $224.94 185.07 177.07 Revenue Area No. 13 $224.94 185.07 177.07 Revenue Area No. 14 All Revenue Area 14 operations and maintenance costs are paid directly by the Irvine Ranch Water District Flow - Per million gallons of flow S.S. - Per thousand pounds of suspended solids ***B.O.D. - Per thousand pounds of biochemical oxygen demand 25 TABLE G WASTEHAULER CHARGES FOR USE Wastehauler Fees Charges Charge for Use—Waste originating $0.035/gallon of within Orange County truck capacity Charge for Use—Waste originating $0.035/gallon of outside Orange County truck capacity 26 ARTICLE V MISCELLANEOUS Section 5.01. Aoolication of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of District Ordinance No. OCSD- 01, as amended, Establishing Wastewater Discharge Regulations for Use of District's Sewage Facilities, including provisions for payment of charges or fees related thereto; District Ordinance No. OCSD-03, as amended, Establishing Fees Concerning Annexations of Territory to the District; and any other District Ordinances and Resolutions not in conflict herewith. Section 5.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. Section 5.03. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section 5.04. Effective Date. This Ordinance shall take effect thirty (30) days after adoption. Section 5.05. Repeal. Ordinances Nos. OCSD-05, OCSD-06, OCSD-11, and OCSD-13 are hereby repealed. Section 5.06: Certification and 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. 27 PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held June 27, 2001. HAIR, B 6 S ORANG UNTY SANITATION DISTRICT ATTEST: AA^^,, Nvvv` SECRETA , BOA D OFDIRECTORS ORANGE COUNTY SANITATION DISTRICT THOMAS L. WOODRUFF DISTRICT GENERAL COUNSEL APPROVED ASTO FORM � . ,r-AAAS L. WOODRUFF 7.,%L COUNSEL 28 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) ' I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSDA 5 was passed and adopted at a regular meeting of said Board on the 271h day of June, 2001, by the following vote, to wit: AYES: Norman Z. Eckenrode, Chair; Steve Anderson; Don Bankhead; Shawn Boyd; Brian Brady; Guy Carrozzo; James M. Ferryman; Peter Green; Alice B. Jempsa; Tony Kawashima; Beth Krom; Shirley McCracken; Pat McGuigan; Roy Moore; Mark A. Murphy; Joy L. Neugebauer; Anna L. Piercy; Tad Ridgeway; Gerald N. Sigler; Jim Silva; Paul Walker NOES: John M. Gullixson; Mark Leyes ABSENT: Brian Donahue; Russell Patterson IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of June, 2001. 41� /W Penny M. Is Secretary athe Boar of Directors Orange County Sanitation District G:\WP.DTAIADMINIBS\ORDINANCES2001\CERTIFICATION-0CSD 15.DOC