HomeMy WebLinkAboutOCSD-18 AMENDED BY OCSD-19
REPEALED BY OCSD-20
ORDINANCE NO. OCSD 18
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 ORDINANCE NO. OCSD-15
WHEREAS, the Board of Directors of the Orange County Sanitation District
("District") has previously adopted Ordinance No. OCSDA5, 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-15, 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. OCSDA5, 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:
TABLE OF CONTENTS
ARTICLE l: RECITAL OF FINDINGS
Section 1.01, Findings— Declaration of Intent
ARTICLE II: SANITARY SEWER SERVICE CHARGES
Section 2.01, Purpose and Scope
Section 2.02, Annual Sanitary Sewer Service Charge
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Section 2.03
A. Exemptions
B. Application for Rebate
C. Application for Refund
D. Limitation Period
E. Determination
F. Administrative Fee
Section 2.04, Annual Charge Based on Fiscal Year
Section 2.05, Method of Collection
Section 2.06, Credit for Industrial Permittees
Table A Annual Sewer Service Charges for
Residential Users
Table B Annual Sewer Service Charges
Property Use Classifications for
Commercial or Industrial Users
ARTICLE III: CAPITAL FACILITIES CONNECTION CHARGES
Section 3.01, Purpose and Scope
Section 3.02, Definitions
Section 3.03, Connection Permits: Required
Section 3.04, Capital Facilities Capacity Charge: Payment
Section 3.05, Capital Facilities Capacity Charge:
Time of Payment
Section 3.06, Capital Facilities Capacity Charge:
Schedule of Amounts
Section 3.07, Supplemental Capital Facilities Capacity
Charge: Significant Commercial— Industrial
Users—Special Purpose Dischargers —
Definitions
Section 3.08, Supplemental Capital Facilities Capacity
Charge: New Significant Commercial —
Industrial Users
Section 3.09, Supplemental Capital Facilities Capacity
Charge: New Special Purpose Dischargers
Section 3.10, Supplemental Capital Facilities Capacity
Charge: Existing Significant Commercial —
Industrial Users—Special Purpose
Dischargers
Table C Supplemental Capital Facilities Capacity
Charges
Section 3.11, Capital Facilities Capacity Charge:
Replacement
Section 3.12, Capital Facilities Capacity Charge: Remodeled
Section 3.13, Payment of Capital Facilities Capacity Charge:
Off-Site Sewers Not Part of Master Plan
Relative to Reimbursement Agreements
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Section 3.14, No Refund or Transfer
Section 3.15, Baseline Transferability
Table D Capital Facilities Capacity Charges
ARTICLE IV: MISCELLANEOUS CHARGES AND FEES RELATING
TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS
Section 4.01, Purpose and Scope
Section 4.02, Administrative Fees and Charges
Relating to Permittees
Section 4.03, Industrial Discharger, Source Control,
and Non-Compliance Sampling Fees
Section 4.04, Special Purpose Discharge Permittees;
Charges for Use
Section 4.05, Class I and Class II Permittees— Charges
for Use
Section 4.06, Wastehauler Charges for Use
Section 4.07, Administrative Appeals
Table E Administrative Fees and Charges Relating
To Permittees
Table F Industrial Discharger, Source Control and
Non-Compliance Sampling Fees
Table G Class I and Class II Permittees and Special
Purpose Discharge Permittees Charges
For Use
Table H Wastehauler Charges for Use
ARTICLE V: MISCELLANEOUS
Section 5.01, Application of Ordinance
Section 5.02, Exceptions
Section 5.03, Severability
Section 5.04, Effective Date
Section 5.05, Repeal
Section 5.06, Certification and Publication
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.
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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 at 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 based
on current, reliable information and data relating to population projections,
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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 permittees, 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.
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 Charges will
not result in any specific project, nor result in a direct physical change in the
environment.
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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-15,
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.
0. That the District's previous and present Capital Facilities
Connection Charges Ordinances, include[d] authority for the District to levy an
excess or supplemental rapacity 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 within a given category.
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.
T. That pursuant to these requirements, the Board of Directors has
adopted Ordinance No. OCSD-01, as amended, Establishing Wastewater Discharge
Regulations.
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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 previous Ordinances Nos.
OCSD-05, OCSD-06, OCSDA1, OCSDA3, and OCSCD-15 are reaffirmed and
readopted hereat, except to the extent that they have been specifically superseded
or otherwise amended by specific Findings herein.
ARTICLE II
SANITARY SEWER SERVICE CHARGES
Section 2.01. Purpose and Scope. 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, 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
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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 owner's
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 rate per 1,000 square feet 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 2.0313 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
(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.
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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 owner's 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 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
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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 R Safety
Code Section 5473, and except as otherwise provided in Subparagraph 2.0513
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.
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TABLE A
ANNUAL SEWER SERVICE CHARGES
FOR RESIDENTIAL USERS
Single Family Residential Rates
2002-03
Adopted SFR
Consolidated Revenue
Areas $87.50
Revenue Area No. 7 $87.50
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
2002-03
Adopted MFR
Consolidated Revenue
Areas $61.25
Revenue Area No. 7 $61.25
Revenue Area No. 14 All Revenue Area No. 14 Costs Are Paid Directly by the
Irvine Ranch Water District
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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 Add'I. 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%
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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 for 2 rental units 85%
34 Dormitory 97%
42 Hospital 97%
43 Hotel 97%
56 Motels and Motor Hotels 97%
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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.
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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. This charge does not apply to temporary
facilities or operations that are regulated under the provisions of a Special Purpose
Discharge Permit. The Supplemental Capital Facilities Connection Charge, as
provided for in Sections 3.07, 3.08, 3.09, and 3.10 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 conned 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.
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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: Required.
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 Charae: 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, except as provided for discharges under a Special Purpose
Discharge Permit. 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 case 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 the territorial limits of the District., or if
none, prior to the issuance of a Certificate of Occupancy.
WSBS-TLW:pj:#151421:05/07/02:Rw.3-CLEAN 16
B. Upon application of any property owner seeking to connect to
the District'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 D, attached hereto and incorporated
herein by reference.
Section 3.07. Supplemental Capital Facilities Capacity Charge:
Significant Commercial — Industrial Users and Special Purpose Dischargers—
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. A special purpose discharger("SPD") is any person or entity
who discharges to the sewer system wastewater or process flow in an amount
greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is
required to obtain a Special Purpose Discharge Permit as prescribed in Section 305
of Ordinance No. OCSC-01 or its successor.
C. An Existing SCIU or SPD is any SCIU or SPD discharger
connected and discharging to the District's system prior to January 1, 2000.
D. A New SCIU or SPD 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
Subparagraphs 3.07A and B above, but, subsequent to January 1, 2000, increases
flow, or BOD, or SS to a level as to constitute an SCIU or SPD.
E. The maximum discharge allowed to a user, for which a base
Capital Facilities Capacity Charge is paid, as per Table D, attached hereto, is 25,000
gallons per day("gpd"), or 150 pounds each of BOD and SS (the "base use").
WS&S—TLW:pj:#151421:05/07/02:Rev.3-CLEAN 17
Discharge of flow,or BOD, or SS in amounts greater than allowed by this
Subparagraph 3.07E shall be subject to the provisions of Sections 3.08 and 3.09
hereof.
F. 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 user's
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.
G. Each existing SPD shall have a baseline of 25,000 gpd, 150
pounds per day of BOD and 150 pounds of SS. The SPD shall be authorized to
discharge flow up to 25,000 gpd without payment of a Supplemental Capital
Facilities Capacity Charge.
H. The Supplemental Capital Facilities Capacity Charge, as
prescribed by Sections 3.08, 3.09, and 3.10 below, shall be payable commencing
with the effective date of this Ordinance.
I. 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
District's 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 D, 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 amount shown in Table C:
Section 3.09. Supplemental Capital Facilities Capacity Charge: New
Special Purpose Dischargers. All new SPDs shall pay a Supplemental Capital
Facilities Capacity Charge of$0.00057 per gallon per day for each gallon of flow
exceeding 25,000 gallons per day. Upon issue of permission to discharge, SPD with
WSBS-TLW:pJ:#151421:0&07/02:Rev.3-CLEAN 18
discharges above 25,000 gpd shall pay a nonrefundable Supplemental Capital
Facilities Capacity Charge, prior to discharge, for one million gallons above 25,000
gpd. The deposit will be credited by the District against future Supplemental Capital
Facilities Capacity Charges.
Section 3.10. Supplemental Capital Facilities Capacity Charge: Existing
Significant Commercial — Industrial Users and Special Purpose Dischargers.
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) 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(jj)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:
TABLE C
SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES
Daily Charge
Flow Gallons Per Day $0.00057
BOD Pounds Per Day $0.14461
SS Pounds Per Day $0.16025
C. All existing SPDs connected and discharging to the sewer shall
be required to pay a Supplemental Capital Facilities Capacity Charge upon
occurrence of an increase of discharge flow over 25,000 gpd. The Supplemental
Capital Facilities Capacity Charge shall be $0.00057 per gallon per day of discharge
for each gallon above 25,000 gpd.
D. The Supplemental Capital Facilities Capacity Charge shall be
calculated on the basis of the average daily quantity of discharge in excess of the
Users baseline or 25,000 gpd for SPDs. The daily averages will be based on the
daily discharges for a year, utilizing discharge records and reports of the District.
Section 3.11. Capital Facilities Capacity Charge: Replacement
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 D, attached hereto,
less a credit amount, up to the amount of the new Capital Facilities Capacity Charge,
WS&S-TLW:pj:#151421:05/07/02:Rev.3-CLEAN 19
equal to a charge, as prescribed in Table D that would be for the prior category of
use which was terminated and removed.
Section 3.12. 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 D, 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 D for
the prior category of use.
Section 3.13. 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 Facilities Capacity Charge shall be in addition to the
other Capital Facilities Capacity Charges provided for in Sections 3.06 through 3.10
hersinabove, established for property connecting to said facilities.
Section 3.14. 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 3.15. 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.
WS&5-TLW:q:#151421:05/07/02:Rev.3-CLEAN 20
TABLE D
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 $ 675.00'
High Demand Per 1,000 square feet $1,600.00'
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 1,000 square foot,
or portion thereof, basis.
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.
WSSS—TLW:pj:#151421:05/07/02:Rev.3-CLEAN 21
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 dischargers 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 E, 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 F, 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
G, 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 G, 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 H, attached hereto and
incorporated herein by reference.
WSBS-7LW:p1:#151421:05/07/02:Rev.3-CLEAN 22
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 District's Wastewater Discharge
Regulations Ordinance No. OCSD-01, as amended.
TABLE E
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
- One-Time Application $975.00/permit
- Nonrefundable Deposit for First One Million
Gallons—New Permit Only $282.94
D. Wastehauler Discharge Permit $75.00/year
Wastehauler Fees Charges
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
W58S—TLW:q.11151421:05107N2:Pe .3-CLEAN 23
TABLE E (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
WS&S-TLW:01:#151421:05/07/02:Rev.3-CLEAN 24
TABLE F
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 Charge
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
wsas-nw:y:x151421;0W07/ 2:Nev.3-CLEAN 25
TABLE F (CONTINUED)
INDUSTRIAL DISCHARGER, SOURCE CONTROL_
AND NON-COMPLIANCE SAMPLING FEES
ha e
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
WSSS-TLW:pj:6151421:05W/02:Rev.3•CLEM 26
TABLE G
CLASS I AND CLASS II PERMITTEES AND
SPECIAL PURPOSE DISCHARGE PERMITTEES
CHARGES FOR USE
Revenue Area Flow (*) B.O.D. (**) S_S.(*")
Consolidated Revenue Areas $282.92 $190.65 $184.55
Revenue Area No. 7 $282.92 $190.65 $184.55
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
WSBS-TLW:M:#751421:05/07/02:Rw.3-CLEAN 27
TABLE H
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
WS&S-TLW:pj:#151421:05107/02:Rev.3-CLEAN 28
ARTICLE V
MISCELLANEOUS
Section 5.01. Application 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 July 1,
2002.
Section 5.05. Repeal. Ordinance No. OCSD-15 is 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.
W585-T1-W:pj1151421:05J07102:Rev.3-CLEAN 29
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 May
22, 2002.
HAIR, R `6 DI ECTORS
ORAN COUNTY SANITATION DISTRICT
ATTEST:
6(i �7-
S-ECRETA,YY, BOAR OF DIRECTORS
ORANGE COUNTY,SANITATION DISTRICT
THOMAS L. WOODRUFF
DISTRICT GENERAL COUNSEL
WSBS-TLW:pj:$151621:05/Wl02:Rev.3-CLEAN 30
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. OCSD-18 was passed and adopted at a regular meeting of said Board on the 22nd
day of May, 2002, by the following vote, to wit:
AYES: Norman Z. Eckenrode, Chair; Mike Alvarez; Steve Anderson; Brian
Brady; Patricia Campbell; DebbieCook; Laurann Cook; Brian
Donahue; Michael Duvall; James M. Ferryman; Alice B. Jempsa;
Tony Kawashima; Beth Krom; Shirley McCracken; Pat McGuigan;
Roy Moore; Joy L. Neugebauer; Russ Patterson; Anna L. Piercy;
Tod Ridgeway; Gerald N. Sigler; Paul Walker
NOES: Don Bankhead; Mark Leyes
ABSENT: Jim Silva
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May,
2002.
r0
Penny M yle
Secretary of the card of Directors
Orange County Sanitation District
G:\WP.DTA\ADMIN\BS\CRDINANCES@001\CERTIFICATION.00SD 15.DOC