HomeMy WebLinkAboutOCSD-22 REPEALED BY
OCSD-29
ORDINANCE NO. OCSD-22
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT PROVIDING FOR INCREASED
CAPITAL FACILITIES CAPACITY CHARGES AND CERTAIN
SELF-MONITORING AND NON-COMPLIANCE CHARGES AND
REPEALING ORDINANCE NO. OCSD-20
WHEREAS, the Board of Directors of the Orange County Sanitation
District ("District") has previously adopted Ordinance No. OCSD-20, establishing
annual Sanitary Sewer Service Charges for all uses, 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; establishing miscellaneous industrial discharger fees, source
control/non-compliance sampling fees, and wastehauler charges, which
Ordinance is presently in full force and effect; 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 capital facilities fees and miscellaneous
charges, and to provide for certain increases in certain sewer service charges.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I. Fees and Charges Ordinance—Adopted
TABLE OF CONTENTS
ARTICLE I: 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
n17ee80:01/20104 1
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 CAPACITY 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
#178580:01/20/042
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.
#17SM0:01MIG4 3
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 the California Constitution and Government Code Section
66016, and other provisions of law.
D. That the District, in 1997, as part of its maintenance and
updating of its Master Plan, 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. These comprehensive planning,
engineering, and financial studies led to the development of an updated
Comprehensive Master Plan of Capital Facilities, which was approved and
adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27,
1999.
#1785W:01rmro4 4
E. That in support of this Ordinance and the revised charges for
sewer service and/or Capital Facilities Capacity Charges as provided for on
Tables A, C, D and G herein, the Board of Directors finds that the Capital
Improvement Program ("CIP")Validation Study for Fiscal year 2003-04 and the
Secondary Treatment Peer Review, as approved by the Board of Directors, has
resulted in the development of a Capital Improvement Program that provides for
the implementation of secondary treatment standards, thereby improving effluent
quality in a reasonably short period of time, consistent with the goals and policies
of the Board of Directors, the member agencies, and the public, while also
providing for the construction of necessary improvements to accommodate
projected increased flows and the rehabilitation and refurbishment of existing
facilities. The Board further finds that programming annual adjustments in sewer
service charges over a period of years is appropriate and ensures adequate
revenues to finance the improvements and programs necessary to implement
secondary treatment standards, accommodate increased flows, rehabilitate and
refurbish existing facilities, and retire any necessary or prudent debt incurred to
finance such improvements in a reasonable manner and over a reasonable
period of time. The Board of Directors also finds that such Sanitary Sewer
Service Charges and Capital Facilities Capacity Charges are reasonably related
to, and do not exceed the cost of providing sewer services.
F. That the financial requirements of the District, as shown in
reports prepared by Staff and Consultants relating to the Strategic Plan and the
CIP validation studies, are 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 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.
n17e580:01=104 5
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 properties which have been improved for any of
numerous types of uses. The basis for the respective charge is the request of
the owner of property or a structure thereon, 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.
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 customer of 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-
20, established Capital Facilities Capacity 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 Sanitary Sewer Service Charges and Capital
Facilities Capacity Charges established here, are an incident but not a condition
of development, payable only on request to receive service by the property
owner for the benefit of those persons on the property that use the service. The
anaseo:maoroa 6
charges are not an incident of property ownership, nor are they a property-
related service having a direct relationship to property ownership. Accordingly,
the provisions of Califomia Constitution Article MID are not applicable.
P. That the District's previous and present Capital Facilities
Capacity 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.
Q. That the Capital Facilities Capacity 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 or structure, by the District, within a given category.
R. That the miscellaneous charges and fees re-enacted by this
Ordinance without change 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.
S. 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.
T. That the District is required by federal, state and local law, to
meet applicable standards of treatment plant effluent quality.
U. That pursuant to these requirements, the Board of Directors
has adopted Ordinance No. OCSD-01, as amended, Establishing Wastewater
Discharge Regulations.
V. 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.
W. 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.
#17&580:01/20/06 7
X. 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, noncompliance
sampling, and related services associated with the District's Source Control
Program.
Y. That all fees and charges established herein have been
approved by the District's Board of Directors at a noticed public meeting, all in
accordance with applicable provisions of law.
Z. 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).
AA. That each of the Findings set forth in previous Ordinances
Nos. OCSD-05, OCSD-06, OCSD-11, OCSD-13, OCSD-15, OCSD-18,
OCSD-19, and OCSD-20 are reaffirmed and readopted hereat, except to the
extent that the., ha e Dear specifically superseded or otherwise amended by
spec 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 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 `or residential, commercial, or industrial use and which, at the request
of the owrer or the owner's predecessor-in-interest, is connected to the Distrcfs
system.. snail pay an annual Sanitary Sewer Service Charge based on the
-espective class of users, in the sum or sums, as set forth in Tables A and B of
m s Or- nance, below. The annual Sanitary Sewer Service Charges for
_ <_a 8
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.
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
(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
nnesao:wrmroe 9
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 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
2.05B 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
n1785W:01/20iO4 10
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.
TABLE A
ANNUAL SEWER SERVICE USER FEES
RESIDENTIAL USERS
FISCAL YEAR 2003-04 2004-05 2005-06 2006-07 2007-08
SFR $100.00 $115.00 $132.00 $153.00 $175.00
MFR $ 70.00 $ 80.50 $ 92.40 $107.10 $122.50
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTI FAMILY RESIDENTIAL
All properties located within Revenue Area No. 14 pay no annual service fees.
District costs relating to providing service to these properties are billed by OCSD
directly to the Irvine Ranch Water District, the local agency providing the local
sewer service.
#178580m1/20104 11
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%
u17e530:01=104 12
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 1or 2 rental units 85%
34 Dormitory 97%
42 Hospital 97%
43 Hotel 97%
56 Motels and Motor Hotels 97%
#198580:01/20104 13
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 Table A Single Family Residential Rate by the
percentage figure above in order to determine the rate per 1,000 square feet for
the commercial or industrial user.
n1785e0:01rz0iO4 14
ARTICLE III
CAPITAL FACILITIES CAPACITY 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, and reconstruction 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 building or structure is newly
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.
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.
#178580-01/20104 15
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.
F. The Supplemental Capital Facilities Capacity 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. Said charge is required to be paid by dischargers that exceed the
maximum quantity of flow or constituents (BOD or SS) allowed as a base use for
which the CFCC is paid.
Section 3.03. Connection Permits: Required.
A. Connection permits are required of each and every dwelling
unit, and each commercial or industrial building, and structure 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.
Multiple detached structures on a single parcel of property shall each be required
to obtain a connection permit.
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 of a structure 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.
n17e5e0:01rz0/04 16
Section 3.05. Capital Facilities Caoacity 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.
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 Charae: Schedule of
Amounts. Every person or entity connecting any new or expanded 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,
below.
#178580:01120/04 17
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 $ 170.001
Average Demand Per 1,000 square feet $1,050.00,
High Demands Per 1,000 square feet $2,490.00'
Single Family Residential (SFR) * % of Base Base Charge
5+ Bedrooms (Per Unit) 1.39 $4,020.00
4 Bedrooms (Per Unit) 1.19 $3,440.00
3 Bedrooms (Per Unit) 1.00 (Base) $2,890.00
2 Bedrooms (Per Unit) 0.81 $2,340.00
1 Bedroom (Per Unit) 0.62 $1,790.00
Multi-Family Residential (MFR) * % of Base Base Charge
4+ Bedrooms (Per Unit) 1.08 $3,120.00
3 Bedrooms (Per Unit) 0.89 $2,570.00
2 Bedrooms (Per Unit) 0.70 $2,020.00
1 Bedroom (Per Unit) 0.50 $1,450.00
Studio (Per Unit) 0.32 $ 920.00
Supplemental CFCC for Permit Users, includes 5% cost of funds.
Flow, per million gallons per day $0.001001
BOD, per 1,000 pounds per day $0.289100
SS, per 1,000 pounds per day $0.187150
'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be
$2,890.00;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.
2Low 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.
4AII other connections are Average demand users.
*SFR—The rates for each size of SFR and MFR are established with a 3-bedroom SFR having a
base of 1.0, and all others are a relative percentage higher or lower than 1.0, depending on size
of unit,as noted.
#178580:01/ 0/04 18
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. OCSD-01 or its successor.
C. An Existing SCIU or SPD is any SCIU or SPD connected
and discharging to the District's system prior to January 1, 2000.
D. A New SCIU or SPD is any user 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 C, above, is 25,000
gallons per day ("glad"), 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
Subsection 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 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.
#178MD:D MIo 19
G. Each Existing SPD shall have a baseline of 25,000 gpd, 150
pounds per day of BOD and 150 pounds of SS. The Existing 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 existing SCIU of its baseline amounts, the existing SCIU, as
described in Section 3.07C, 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 Caoital Facilities Capacity Charge: New
Significant Commercial — Industrial Users. In addition to the base Capital
Facilities Capacity Charge, as prescribed in Table C, 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 D.
Section 3.09. Supplemental Capital Facilities Capacity Charge:
New Special Puroose Dischargers. All New SPDs shall pay a Supplemental
Capital Facilities Capacity Charge of$0.001001 per gallon per day for each
gallon of flow exceeding 25,000 gallons per day. Upon issue of permission to
discharge, SPD with 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 (ii) an increase
R17e580:01/20/04 20
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 3.10A above:
TABLE D
SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES
Daily Charge
Flow Gallons Per Day $0.001001
BOD Pounds Per Day $0.289100
SS Pounds Per Day $0.187150
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 $0.001001 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 User's 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 C,
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 3.12. 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 C, less a credit amount, up to the amount of the
#178580:01120/04 21
new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table
C 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, provided the original Agreement is still
in force. 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 hereinabove, 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.
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 (1) 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.
u17eee0:01 WO4 22
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, below.
Section 4.03. Source Control Non-Compliance Fees. Source
control non-compliance fees are hereby established for dischargers' non-
compliance sampling and for self-monitoring and data reporting non-compliance,
in the sum or sums as set forth in Table F, below.
Section 4.04. Special Pumose Discharge Permittees: Chames 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, below
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. below.
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, below.
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 forfees 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 pennittee 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.
#178580:01/20/04 23
TABLE E
ADMINISTRATIVE FEES AND CHARGES
RELATING TO PERMITTEES
Permit Fees Charges
A. Class I Wastewater Discharge Permit $335.00/year
B. Class 11 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 $368.58
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
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
#178580:01/20/04 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
#178M:OMO/04 25
TABLE F (CONTINUED)
INDUSTRIAL DISCHARGER, SOURCE CONTROL
AND NON-COMPLIANCE SAMPLING FEES
Charge
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
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
Oil & Grease (Hexane Soluble Matter) $ 74.00
Oil & Grease (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
SELF-MONITORING AND DATA REPORTING
NON-COMPLIANCE
Cost of Processing and Issuing Significant
Non-Compliance Notification $165.00
Cost of Processing Annual SNC and Publication $260.00
#178580:01120/04 26
TABLE G
CLASS I AND CLASS II PERMITTEES AND
SPECIAL PURPOSE DISCHARGE PERMITTEES
CHARGES FOR USE
Class I and II
Permit User FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08
Flow(*) $316.38 $368.58 $429.40 $500.25 $582.79
B.O.D. (") $216.13 $248.55 $285.83 $328.71 $378.01
S.S. ("') $207.35 $238.45 $274.22 $315.35 $362.66
Domestic
Equivalent $100.00 $115.00 $132.00 $153.00 $175.00
Special Purpose
Discharge
Permit FY 2003-04 FY 2004-05 FY 2005.06 FY 2006-07 FY 2007-08
Flow(*) $316.38 $368.58 $429.40 $500.25 $582.79
B.O.D. (") $216.13 $248.55 $285.83 $328.71 $378.01
S.S. ("') $207.35 $238.45 $274.22 $315.35 $362.66
Domestic
Equivalent $100.00 $115.00 $132.00 $153.00 $175.00
(`) Flow Per million gallons of Flow
(") B.O.D. Per thousand pounds of Biochemical Oxygen Demand
S.S. Per thousand pounds of Suspended Solids
All properties located within Revenue Area No. 14 pay no annual service fees. District costs
relating to providing service to these properties are billed by OCSD direc8y to the Irvine Ranch
Water District,the local agency providing the local sewer service.
#178580:01/20/04 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 $0.11/gallon of
outside Orange County truck capacity
#17M:0112oro4 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.
The Board of Directors of the Orange County Sanitation District does further
hereby ORDAIN:
Section II. Severabilitv. 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 III. Effective Date. This Ordinance shall take effect April 1, 2004.
Section IV. Repeal. Ordinance No. OCSD-20 is hereby repealed.
Section V. 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.
11
N17e580:01120/04 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 January 28, 2004.
CHAIR, BOAR OF DIRECTORS
Vim ,ORANGE COUNTY SANITATION DISTRICT
ATTEST•
� ,
SECRETARY, OOARD OF IRECTORS
ORANGE COUNTY SANI TION DISTRICT
HOMAS L. WOODRUFF
DISTRICT GENERAL COUNSEL
#17&%0:01n0iO4 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-22 was passed and adopted at a regular meeting of said Board on the 28th
day of January, 2004, by the following vote, to wit:
AYES: Steve Anderson; Don Bankhead; Patricia Bortle; Brian Brady;
Patricia Campbell; Carolyn Cavecche; John Collins; Bill Dalton;
Doug Davert; Michael Duvall; Norm Eckenrode; James M.
Ferryman; Cathy Green; Larry Herman; Alice B. Jempsa; Beth
Krom; Patsy Marshall; Roy Moore; Joy Neugebauer; Anna L.
Piercy; Tod Ridgeway; Jim Silva
NOES: Alberta Christy
ABSENT: Brian Donahue; Shirley McCracken
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of January,
2004.
Penny M. e
Secretary f the Board dDirectors
Orange County Sanitation District
GAWRDTAWDMIM&S DIN CE51QW0 RDIN CE McERTIFICATION.DOC