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HomeMy WebLinkAboutOCSD-36 REPEALED BY OCSD-40 ORDINANCE NO. 00SD-36 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING CAPITAL FACILITIES CAPACITY CHARGES; ADOPTING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL CHARGES, SOURCE CONTROL PERMITTEES AND WASTEHAULERS; AND REPEALING ARTICLE I, III, IV, AND V OF ORDINANCE NO. OCSD-32. ADOPTING REVISED TABLE A RE CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE C), REDESIGNATED TABLE B RE PLAN CHECK AND INSPECTION FEES (FORMERLY TABLE D), REVISED TABLE C RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE E), REVISED TABLE D RE ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES (FORMERLY TABLE F), REDESIGNATED TABLE E (FORMERLY TABLE G), REVISED TABLE F RE CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE (FORMERLY TABLE H), REVISED TABLE G RE WASTEHAULER CHARGES FOR USE (FORMERLY TABLE 1), AND REAFFIRMING ALL OTHER CHARGES WHEREAS, the Board of Directors of the Orange County Sanitation District ("OCSD") has previously adopted Ordinance No. OCSD-32, establishing Capital Facilities Capacity Charges to be imposed when properties either newly-connect to the OCSD's system, or expand the use of the property previously connected to the OCSD; 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 OCSD's operations, it is the intent, by the adoption of this Ordinance, to establish Class I, Class II, Special Purpose Discharge and Wastehauler permit charges for use and capital facilities fees, and to provide for increases in certain miscellaneous charges and fees. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Fees and Charges Ordinance—Adopted snoio.i � IIIIIIIIII'lllllllllll llllll 111 07090950e9575 TABLE OF CONTENTS ARTICLE I: RECITAL OF FINDINGS Section 1.01, Findings—Declaration of Intent ARTICLE It: CAPITAL FACILITIES CAPACITY CHARGES Section 2.01, Purpose and Scope Section 2.02, Definitions Section 2.03, Connection Permits: Required Section 2.04, Capital Facilities Capacity Charge: Payment Section 2.05, Capital FacilRies Capacity Charge: Time of Payment Section 2.06, Capital Facilities Capacity Charge: Schedule of Amounts Table A Capital Facilities Capacity Charges Table B Plan Check and Inspection Fee Schedule Section 2.07, Supplemental Capital FacilRies Capacity Charge: Significant Commercial — Industrial Users— Special Purpose Dischargers— Definitions Section 2.08, Supplemental Capital FacilRies Capacity Charge: New Significant Commercial— Industrial Users Section 2.09, Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers Section 2.10, Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial— Industrial Users—Special Purpose Dischargers Table C Supplemental Capital Facilities Capacity Charges Section 2.11, Capital Facilities Capacity Charge: Replacement Section 2.12, Capital Facilities Capacity Charge: Remodeled Section 2.13, Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements Section 2.14, No Refund or Transfer Section 2.15, Baseline Transferability Section 2.16, Annual Updates Section 2.17, Affordable Housing Projects M010.1 2 ARTICLE III: MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS. SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 3.01, Purpose and Scope Section 3.02, Administrative Fees and Charges Relating to Permittees Section 3.03, Industrial Discharger, Source Control, and Non-Compliance Sampling Fees Section 3.04, Special Purpose Discharge Permittees; Charges for Use Section 3.05, Class I and Class II Permittees—Charges for Use Section 3.06, Wastehauler Charges for Use Section 3.07, Administrative Appeals Table D Administrative Fees and Charges Relating To Permittees Table E Industrial Discharger, Source Control and Non-Compliance Sampling Fees Table F Class I and Class II Permittees and Special Purpose Discharge Permittees Charges For Use Table G Wastehauler Charges for Use ARTICLE IV: MISCELLANEOUS Section 4.01, Application of Ordinance Section 4.02, Exceptions Section 4.03, Severability Section 4.04, Effective Date Section 4.05, Repeal Section 4.06, Certification and Publication MOW 3 ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings— Declaration of Intent. The Board of Directors of OCSD 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 OCSD, and hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. 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 20-year Master Plan of Capital Facilities, entitled "1999 Strategic Plan", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors in 1999, with updates approved in 2002 and 2006, setting forth and identifying the required future development of OCSD Facilities, including the financial projections for providing sewer service to all properties within the service area. 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 OCSD, 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 572010.1 4 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. E. That in support of this Ordinance and the revised charges for Capital Facilities Capacity Charges as provided for on Tables A. B, and E 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 OCSD, 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 OCSD; 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 OCSD to provide all regulatory administration and laboratory services related to the industrial dischargers, source control permittees, and wastehauler users of the OCSD'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 OCSD'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. 5720101 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 Charge For Use established and levied by this Ordinance is to allow the OCSD 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 OCSD's system in lieu of disposal by other means. K. That the Sanitary Sewer Service Charge For Use established by this Ordinance is not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and does 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 Charge For Use adopted herein will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of this Sanitary Sewer Service Charge For Use will not result in any specific project, nor result in a direct physical change in the environment. M. That the Sanitary Sewer Service Charge For Use adopted herein is established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the OCSD, a portion of which is 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-32, 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 OCSD's system. Said Charges are required as a financial payment to have access to and use of the OCSD'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 Charge For Use 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 charges are not an incident of property ownership, nor are they a property-related service having a direct SMIDI 6 relationship to property ownership. Accordingly, the provisions of California Constitution Article XIIID are not applicable. P. That the OCSD's previous and present Capital Facilities Capacity Charges Ordinances, include[d] authority for the OCSD 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-ended 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 OCSD, 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 OCSD is required by federal and state law, including the Federal Water Pollution Control Ad, also known as the Federal Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act(California Water Code Sections 13000 et seq.)to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers. T. That the OCSD 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 an ordinance establishing Wastewater Discharge Regulations. V. That the OCSD incurs additional costs in conducting non- compliance sampling of those industrial wastewater dischargers who violate the OCSD's Wastewater Discharge Regulations and in administering the industrial, wastehauler, and special discharge permit programs. W. That the ordinance establishing Wastewater Discharge Regulations provides that the Board of Directors is to establish various fees and charges to recover those costs to the OCSD which are made necessary by industrial dischargers and wastehaulers who violate the OCSD's Wastewater Discharge Regulations. 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 OCSD of industrial discharger, source control, or wastehauler snom.t 7 use of the OCSD's facilities and for the administration and implementation of permit and fee processing, non-compliance sampling, and related services associated with the OCSD's Source Control Program. Y. That all fees and charges established herein have been approved by the OCSD'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, OCSD-20, OCSD-22, OCSD-24, OCSD-26, OCSD-30B, and OCSD-32 are reaffirmed and readopted hereat, except to the extent that they have been specifically superseded or otherwise amended by specific Findings herein. sna1o.1 8 ARTICLE II CAPITAL FACILITIES CAPACITY CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to impose Capital Facilities Capacity Charges when properties, either newly-connect to the OCSD's system, or expand the use of the properly previously connected to the OCSD. 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 OCSD;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 2.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of a OCSD 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 OCSD's system, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for OCSD 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. A schedule of the Capital Facilities Capacity Charges specked herein will be on file in the Office of the Board Secretary of the OCSD, and in the Building Department of each City within the OCSD. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the OCSD'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 OCSD's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. MOM] 9 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 2.07, 2.08, 2.09, and 2.10 of this Ordinance, is an annual charge payable to the OCSD on a quarterly or annual basis, as determined by the OCSD. 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 2.03. 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 OCSD'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 OCSD'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 the OCSD's Wastewater Discharge Regulations, or as authorized pursuard 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 OCSD 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 OCSD's sewerage system facilities and a connection permit must be obtained. Section 2.04. Capital Facilities Capacity Charge: Payment Required. No application for a permit for a connection of a structure to an OCSD sewerage facility, or to any sewerage facility which discharges into an OCSD sewerage facility, shall be approved, nor a permit issued, until an OCSD 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. srzmo.1 10 Section 2.05. Capital Facilities Capacity Charoe: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the OCSD's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the OCSD, 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 OCSD, or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to connect to the OCSD's system, the Board of Directors of OCSD, 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 and/or annexation fees in installment payments 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 2.06. Capital Facilities Capacity Charge and Plan Check and Inspection Fees: Schedule of Amounts. A. Every person or entity connecting any new or expanded building or structure to the OCSD's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table A, below. B. Every person or entity connecting any new or expanded building or structure directly to the OCSD's local or regional system facilities shall pay Plan Check and Inspection Fees in the amount set forth on Table B, below. 5MI0.1 11 TABLE A CAPITAL FACILITIES CAPACITY CHARGES (CFCC) Use Category Rate Basis Base Chame Commercial—Industrial Per 1,000 square feet' Low Demand Per 1,000 square feet $ 225.00' Average Demand Per 1,000 square feet $1,403.00' High Demand Per 1,000 square feet $3,332.00' Single Family Residential (SFR)5 .%of Base Base Charge 5+ Bedrooms (Per Unit) 1.39 $6,492.00 4 Bedrooms (Per Unit) 1.19 $5,560.00 3 Bedrooms (Per Unit) 1.00 (Base) $4,671.00 2 Bedrooms (Per Unit)0.81 $3,782.00 1 Bedroom (Per Unit)0.62 $2,892.00 Multi-Family Residential (MFR)6 .% of Base Base Charge 4+ Bedrooms (Per Unit) 1.08 $5,046.00 3 Bedrooms (Per Unit)0.89 $4,157.00 2 Bedrooms (Per Unit)0.70 $3,268.00 1 Bedroom (Per Unit)0.50 $2,335.00 Studio (Per Unit)0.32 $1,499.00 Supplemental CFCC for Permit Users, includes 5%cost of funds. Flow, gallons per day $0.001440 BOD, pounds per day $0.80856 SS, pounds per day $0.09826 Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $4,671; and all calculations shall be on a 1,000 square foot,or portion thereof,basis. 'Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks, RV Storage Yards, Lumber/Construction Yards, Public Storage Buildings; and other facilities with restrooms offices, lobbies and/or areas whose flows are similar in volume to these listed categories Parking Structures not connected to the sewer will not be charged. 'High Demand connections are the following categories of users: Restaurants, Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or Food Court; 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 including: Hotels, Strip Malls without restaurants, Music Halls without food facilities, Office buildings,Senior Housing with individual living units without kitchens but with a common kitchen, 5 Bedroom additions are considered a change of use and a CFCC must be paid.. Bedrooms include loft additions, , bonus moms that may be used as offices, workout rooms, media rooms, or libraries, or any other additions, which could potentially be used as a bedroom. The classification of these additions will be reviewed and determined by staff Any detached building such as an addition over an existing garage or a new building with the same designation as mentioned above will be considered a separate living residence(SFR). sMFR units consist of multiple units that receive one secured property tax bill such as apartments. Senior housing with individual living units that include a kitchen are considered MFR units. r Studio— one single mom with no separating doors or openings leading to another part of the room (except for a bathroom). *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. 572010.1 12 TABLE B PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS FEE Normal lateral installation to property line with clean out $500.00 Lateral Installation to existing manhole stub with clean out $500.00 Core drilling in to an existing manhole base-add $300.00 Installation of new manhole with stub over existing line $1,000.00 INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for plan check. If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before OCSD finals the sewer project. Section2.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial —Industrial Users and Significant 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 Article 3 of the OCSD's Wastewater Regulations, due to having federally or OCSD regulated or significant discharges. B. A Significant Special Purpose Discharger("SSPD") 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 the OCSD's Wastewater Regulations. A Special Purpose Discharger(SPD) discharges 25,000 gpd or less. C. An Existing SCIU or SSPD is any SCIU or SSPD connected and discharging to the OCSD's system prior to January 1, 2000. snoro.r 13 D. A New SCIU or SSPD is any user who connects and discharges to the OCSD'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 Subparagraphs2.07A and B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU or SSPD. E. The maximum discharge allowed to a user, for which a base Capital Facilities Capacity Charge is paid, as per Table A, above, is 25,000 gallons per day(gpd), or 150 pounds each of BOD and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subsection2.07E shall be subject to the provisions of Sections 2.08 and 2.09 hereof. F. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the OCSD 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 OCSD 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 2.07A 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. 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 2.08, 2.09, and 2.10 below, shall be payable commencing with the effective date of this Ordinance. Section 2.08. Supplemental Capital Facilities Capacity Chame: New Sion cant Commercial— Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table A, 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 2.09. Supplemental Capital Facilities Capacity Charge: Significant Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital Facilities Capacity Charge of$.001440 per gallon per day for each gallon of flow exceeding 25,000 gallons per day. 5MI0.1 14 Section 2.10. Supplemental Capital Facilities Caoacity Charge: Existina Sian cant Commercial— Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial — Industrial Users connected to and discharging to the OCSD'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 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. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the discharger or OCSD. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section2.10A above. TABLE C SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Daily Charge Flow Gallons Per Day $0.001440 BOD Pounds Per Day $0.80856 SS Pounds Per Day $0.09826 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 $ 0.001440 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 OCSD. Section 2.11. Capital Facilities Capacity Charoe: Replacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the OCSD on the rate basis of the category of the new use and the amounts as set forth in Table A, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table A that would be for the prior category of use which was terminated and removed. Moto.] 15 Section 2.12. Capital Facilities Capacity Charge• Remodeled Structures. In the case of existing structures connected to the OCSD's system facilities, to which new construction or alteration is made to change or increase the category of use or number of bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the OCSD on the rate basis of the category of the new use and the amounts as set forth in Table A, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table A for the prior category of use. Section 2.13. 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 OCSD Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the OCSD 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 2.06 through 2.10 hereinabove, established for property connecting to said facilities. Section 2.14. 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 once the connection has been made. If the connection is not made and the request for connection is withdrawn within 12 months of the payment date, the charges paid will be refunded upon establishing proof from the City or County of a canceled permit. The connection permit is non-transferable to any other parcel of property. Section 2.15. 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 2.08 above. Section 2.16 Capital Facilities Capacity Charge Annual Updates. The Capital Facilities Capacity Charge is based upon the most recently completed Capital Strategic Plan Update. This charge is updated annually based upon the increase in the Engineering News-Record construction cost index for Los Angeles as of December of the prior year until the completion of the next Strategic Plan Update. Section 2.17 Affordable Housing Projects. Per Resolution 06-18, development projects that include lower income housing units shall not be denied approval of an application for service, nor shall conditions be imposed thereon or services reduced which are applied for, unless the OCSD makes specific written ]4010.1 16 findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following: (a) insufficient water supply or insufficient water treatment or distribution capacity; (b)a State Department of Health Services order prohibiting new water connections; (c) insufficient sewer treatment or collection capacity; (d) a Regional Water Quality Control Board order prohibiting new sewer connections; (a)the applicant has failed to agree to reasonable terms and conditions. M010.1 17 ARTICLE III MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 3.01. Purpose and Scope. The purpose of this Ordinance is to recover those costs incurred by the OCSD (i) on account of industrial dischargers' and wastehaulers' use of the OCSD's facilities; (ii)when administering the OCSD's Source Control Program; and (iii) when performing non-compliance sampling of industrial wastewater dischargers who have violated the OCSD'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 OCSD (i)on account of such use of the OCSD's facilities; and (ii) in performing these tasks. Section 3.02. Administrative Fees and Charges Relatina to Permittees. Administrative fees and charges relating to permittees are hereby established in the sum or sums as set forth in Table D, E, F, G, H, and I, below. Section 3.03. 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 E, below. Section 3.04. Special Purpose Discharge Permittees; Charaes for Use. As authorized by Sections 305.5 and 305.6 of the OCSD's Wastewater Discharge Regulations, charges for use are hereby established for Special Purpose Discharge Permittees, as set forth in Table F, below. Section 3.05. Class I and Class II Permittees— Charoes for Use.—As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the OCSD's Wastewater Discharge Regulations, the charges for use are hereby established for Class I and Class II Permittees as set forth in Table F, below. Section 3.06. Wastehauler Charges for Use. As authorized by Sections 306.3 and 306.7 of the OCSD's Wastewater Discharge Regulations, the charges for use are hereby established for wastehaulers as set forth in Table G, below. Section 3.07. Administrative Appeals. A. Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD may, within forty-five (45)days of the date of mailing by the OCSD of the initial invoice for fees imposed pursuant to this Ordinance, request that the OCSD reconsider imposition of such fees. Following review of such a 572010.1 18 request, the OCSD shall notify the user, permit applicant, or permittee by certified mail of the OCSD's decision on the reconsideration request. B. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request, may file an appeal in accordance with Sections 617 and 619 of the OCSD's Wastewater Discharge Regulations. TABLE D ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees Charges A. Class I Wastewater Discharge Permit $765.00/year B. Class II Wastewater Discharge Permit $170.00/year C. Special Purpose Discharge Initial Permit Issue $1,050.00/year Nonrefundable Deposit for First 1 Million As Defined in Gallons— New Permit Only Table F Special Purpose Discharge Permit Renewal $750.00/year D. Wastehauler Discharge Permit $190.00/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 $102.00/event K. After Hours Discharge— Emergency $165.00.00/event Administrative/Processing Fees Charges L. OCSD's Collection of Tax Data $100.00/permit M. OCSD's Collection of Water Consumption Data$100.00/permit N. Appeal Hearing Filing Fee $400/appeal M010.1 1 y TABLE E INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cost of Processing and Sampling Following a Minor Violation $225.00/event Cost of Processing and Sampling Following a Major Violation $500.00/event Cost of Analysis 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 MOMI 20 TABLE E (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROLAND NON-COMPLIANCE SAMPLING FEES Charge 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 M010..1 21 TABLE F CLASS I AND CLASS 11 PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Class I and 11 Permit User FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Flow(') $ 840.30 $ 924.40 $1,016.80 $1,116.50 $1,225.90 B.O.D. (") $ 399.50 $ 493.40 $ 483.30 $ 530.70 $ 582.70 S.S. (—) $ 424.90 $ 467.30 $ 514.10 $ 564.50 $ 619.80 Special Purpose Discharge Permit FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 FY 2012-13 Flow(`) $ 840.30 $ 924.40 $1,016.80 $1,116.50 $1,226.90 (') 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. OCSD 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. s 10.1 22 TABLE G WASTEHAULER CHARGES FOR USE Wastehauler Fees Charges Charge for Use—Waste originating $0.05/gallon of truck capacity -within Orange County; -within service area; and -within OCSD Boundaries Charge for Use—Waste originating $0.12/gallon of truck capacity -within Orange County; -within service area and outside OCSD Boundaries Charge for Use — Waste originating $0.12/gallon of truck capacity -Outside Orange County; and within service area Waste hauled from a source that is not within the OCSD's service area is prohibited unless authorized by the General Manager. Service area is defined as any area the OCSD has an agreement to serve. SM10.) 23 ARTICLE IV MISCELLANEOUS Section 4.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of the OCSD's Wastewater Discharge Regulations for use of OCSD's sewage facilities, including provisions for payment of charges or fees related thereto; OCSD's ordinance establishing Fees Concerning Annexations of Territory to the OCSD; and any other OCSD Ordinances and Resolutions not in conflict herewith. Section 4.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the OCSD, 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 4.03 Out of Area Sewer Service Agreements. The OCSD is empowered to contract for the transport, treatment and disposal of wastewaters originating within areas outside of the OCSD if it is in the best interest of the OCSD to do so. These Out of Area Sewer Service Agreements will establish fees and charges relative to the services provided by the OCSD for each individual agreement. The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: Section H. 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 July 1, 2008. Section IV. Repeal. Ordinance No. OCSD-32 is hereby repealed. Section V. Certification and Publication. The Clerk 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. srzom.1 24 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 28, 2008. GihOi %�( G y�J 964 r, Board of Directors LxAnge County Sanitation District ATTEST: X, Clerk oft Board Bradley R. Flog n, a al ou sel s]mIN 1 25 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY M. KYLE, Clerk of the Board of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD36 was passed and adopted at a regular meeting of said Board on the 2e day of May, 2008, by the following vote, to wit: AYES: Jim Ferryman, Chair, Charles Antos; Larry Crandall; Bill Dalton; Doug Davert; Catherine Driscoll; Rose Espinoza; Don Hansen; Phil Luebben; Darryl Miller; Roy Moore; Chris Norby; Joy Neugebauer; Dave Shawver; Christina Shea; Constance Underhill; Mark Waldman; Don Webb; Jim Winder NOES: Don Bankhead; Rich Freschi; Harry Sidhu ABSENT: Jon Dumitru; Patsy Marshall; Sal Tinajero IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of May, 2008. Penny M. Kile Clerk of the Board Orange County Sanitation District x:�v�,uo„sa,s,�asaaowwacEsmaewcso. xu��nr�rwnannoc