HomeMy WebLinkAboutOCSD-40 Capital Facilities Capacity Charges AMENDED BY
OCSD-42
REPEALED BY
ORDINANCE NO. OCSD-40 OCSD-50 &
OCSD-51
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 ORDINANCE NO. OCSD-36.
ADOPTING REVISED TABLE A RE CAPITAL FACILITIES CAPACITY
CHARGES, REVISED TABLE C RE SUPPLEMENTAL CAPITAL FACILITIES
CAPACITY CHARGES REVISED TABLE E RE INDUSTRIAL DISCHARGER,
SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES, AND
REAFFIRMING ALL OTHER CHARGES
WHEREAS, the Board of Directors of the Orange County Sanitation District
("OCSD") has previously adopted Ordinance No. OCSD-36, 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/noncompliance
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
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TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01, Findings— Declaration of Intent
ARTICLE II: 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 Facilities 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 Facilities Capacity
Charge: Significant Commercial— Industrial
Users—Special Purpose Dischargers—
Definitions
Section 2.08, Supplemental Capital Facilities 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
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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
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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. As of July 1, 1998. OCSD was consolidated into one single County
Sanitation District to carry on the functions of the predecessor Districts.
B. That a comprehensive 20-year Master Plan of Capital Facilities,
entitled "2009 Facilities Master 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 2009 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 performed a detailed assessment of all types and
categories of users; the demand on the system and rapacity needs of the system to
provide necessary service to the multiple categories of users; the total casts of the
existing and future facilities in the system; and alternative methodologies for
establishing fair and equitable charges to connect to and gain access to the system.
The current methodology 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 C herein, the
Board of Directors finds that the Capital Improvement Program is consistent with the
goals and policies of the Board of Directors, the member agencies, and the public and
accommodates 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 incorporate
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
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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 Master 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.
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.
I 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.
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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-36,
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
relationship to property ownership. Accordingly, the provisions of California
Constitution Article MID 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-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 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.
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S. That the OCSD 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, 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
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, OCSD-32, OCSD-36 are reaffirmed and
readopted hereat, except to the extent that they have been specifically superseded or
otherwise amended by specific Findings herein.
5720101 7
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-conned to the
OCSD's system, or expand the use of the property 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 conned 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.
572010.1 8
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 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 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 Reauired. 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.
572010.1 9
Section 2.05. Capital Facilities Capacity Chame: 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.
572010,1 10
TABLE A
CAPITAL FACILITIES CAPACITY CHARGES (CFCC)
Use Catecory Rate Basis Base Charm
Commercial—Industrial Per 1,000 square feet'
Low Demand' Per 1,000 square feet $ 272.00'
Average Demand Per 1,000 square feet $1,692.00'
High Demand3 Per 1,000 square feet $4,019.00'
Single Family Residential(SFR)s Base Charce
5+ Bedrooms $4,532.00
4 Bedrooms $3.881.00
3 Bedrooms $3,261.00
2 Bedrooms $2,640.00
1 Bedroom $2,019.00
Multi-Family Residential(MFR)s Base Charce
4+ Bedrooms $3,523.00
3 Bedrooms $2,902.00
2 Bedrooms $2,281.00
1 Bedroom $1,630.00
Studio' $1,047.00
Supplemental CFCC for Permit Users, includes 5%cast of funds.
Flow, gallons per day $0.001638
BOD, pounds per day $0.351200
SS, pounds par day $0.188340
Provided that the minimum Capital Facilkies Capacity Charge for such new construction shall be $3,261; 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.
3Hinh Demand connections are the following categories of users: Restaurants (including patios used for additional
seating capacity), 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.
4AII 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
kkchen,and wash pads
Bedroom additions are considered a change of use and a CFCC must be paid. Bedrooms include enclosed loft
additions„ bonus rooms that may be used as offices, workout roans, 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 apaMlents. Senior housing
with individual living units that include a kitchen are considered MFR units.
'Studio—one single room with no separating doors or openings leading to another part of the room (except for a
bathroom).
572010.1 „
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 flaw, 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.
572010' 12
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 user's actual
annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's
solely because of the requirements to obtain a Waste Discharge Permit, pursuant to
Section 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 Charge: New
Significant 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 Charoe:
Significant Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital
Facilities Capacity Charge of$.001638 per gallon per day for each gallon of flow
exceeding 25,000 gallons per day.
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Section 2.10. Supplemental Capital Facilities Capacity Charoe: Existing
Significant 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 $0.001638
BOD Pounds Per Day $0.351200
SS Pounds Per Day $0.188340
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 $ 0.001638 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 Charae: 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.
572010i 14
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 speck 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 Master
Plan. 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 Master Plan or Master 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
M610A 15
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;
(e)the applicant has failed to agree to reasonable terms and conditions.
snoio.1 16
ARTICLE III
MISCELLANEOUS CHARGES AND FEES RELATING
TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS
Section 3.01. Puroose 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 noncompliance 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 Relating 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: Charges 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— Charges 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
MOM 17
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 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
5720101 18
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
572010.1 19
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
92010.E 20
TABLE F
CLASS I AND CLASS II PERMITTEES AND
SPECIAL PURPOSE DISCHARGE PERMITTEES
CHARGES FOR USE
Class I and II
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 $ 439.40 $ 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 $1,225.90
(') 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.
57:010' 21
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.
9zo1o.' 22
ARTICLE IV
MISCELLANEOUS
Section 4.01. Aoolication 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 IL SeverabiliN. 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, 2010.
Section IV. Repeal. Ordinance No. OCSD-36 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.
5720101 23
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 26, 2010.
Approved as to form:
dley R. Hogin, Ge I Counsel � L��I
Chair, Board f Directors
Orange Cou Sanitation District
ATTEST:
Y�t Clerk oft Boa
nm a 24
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. OCSD-40 was passed and
adopted at a regular meeting of said Board on the 26� day of May, 2010, by the
following vote, to wit:
AYES: Doug Davert, Chair; Charles Antos; Tom Beamish; David
Benavidez; Larry Crandall; Bill Dalton; Jon Dumitru; Troy Edgar;
Jim Ferryman; Cathy Green; Phil Luebben; Patsy Marshall; Roy
Moore; Joy Neugebauer; Janet Nguyen; Sharon Quirk-Silva; David
Shawver; Constance Underhill; Mark Waldman; Don Webb; John
Withers
NOES: John Anderson; Brad Reese; Harry Sidhu
ABSENT: Christina Shea
IN WITNESS WHEREOF, I have hereunto set my hand this 26"' day of May,
2010.
Penny M. K#Ie
Clerk of the Board
Orange County Sanitation District