HomeMy WebLinkAboutOCSD-51 Misc Charges, Source Control Permittees and Wastehaulers ORDINANCE NO. OCSD-51
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
ORANGE COUNTY SANITATION DISTRICT ADOPTING
MISCELLANEOUS CHARGES AND FEES RELATING TO
INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS AND REPEALING
ORDINANCE NO. OCSD-40 AND ORDINANCE NO.
OCSD-42
WHEREAS, Health &Safety Code Section 5471 authorizes the Board of Directors
of the Orange County Sanitation District (the"District") to impose fees and other charges
for services and facilities furnished by the District in connection with the District's
wastewater collection, treatment, disposal, and reuse system; and
WHEREAS, the District imposes charges and fees on industrial dischargers,
source control permittees, and wastehaulers pursuant to Ordinance No. OCSD-40, as
revised by Ordinance No. OCSDA2; and
WHEREAS, the District recently retained Carollo Engineers to evaluate the
District's projected revenue needs and recommend service fees and capacity charges for
the period July 1, 2018 to June 30, 2023. In December of 2017, Carollo Engineers issued
its "Final Report and Recommendations on Wastewater Rates, Fees, and Charges"
("Carollo Report"). The District's Board of Directors received the Carollo Report on
December 20, 2017, and the Carollo Report is on file with the District; and
WHEREAS, the Carollo Report recommended specked adjustments to the fees
and charges that the District imposes on industrial dischargers, source control permdtees,
and wastehaulers; and
WHEREAS, the recommendations set forth in the Carollo Report are based on
various studies and plans including, among others, financial forecasts and the District's
2017 Facilities Master Plan ("Master Plan"). The Master Plan identified the capital
improvement projects that will be needed over the next 20 years, and estimated the cost
of each project. The District's Board of Directors adopted the Master Plan on December
20, 2017; and
WHEREAS, on Wednesday, March 28, 2018 at 6:00 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis Avenue,
Fountain Valley, California, the District held a properly noticed public hearing, and
received and considered comments concerning the proposed charges; and
WHEREAS, the Board of Directors has carefully reviewed the Carollo Report and
considered oral and written comments from the public, Board Members, District staff, and
District consultants made at and prior to the March 28, 2018 public hearing;
OCSD-51-1
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does
hereby ORDAIN:
SECTION I. Adopt miscellaneous charges and fees relating to industrial discharges,
source control permittees and wastehaulers.
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01. Findings— Declaration of Intent
ARTICLE II: MISCELLANEOUS CHARGES AND FEES RELATING
TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS
Section 2.01. Purpose and Scope
Section 2.02. Administrative Fees and Charges
Relating to Permittees
Section 2.03. Industrial Discharger, Source Control,
and Non-Compliance Sampling Fees
Section 2.04. Special Purpose Discharge Permittees;
Charges for Use
Section 2.05. Class I and Class II Permittees —Charges
for Use
Section 2.06. Wastehauler Charges for Use
Section 2.07. Administrative Appeals
Table E Administrative Fees and Charges Relating
To Permittees
Table F Industrial Discharger, Source Control and
Non-Compliance Sampling Fees
Table G Class I and Class II Permittees and Special
Purpose Discharge Permittees Charges
For Use
Table H Wastehauler Charges for Use
ARTICLE III: MISCELLANEOUS
Section 3.01. Application of Ordinance
Section 3.02. Exceptions
Section 3.03. Severability
Section 3.04. Effective Date
Section 3.05. Repeal
Section 3.06. Certification and Publication
OCSD-51-2
ARTICLE 1
RECITAL OF FINDINGS
Section 1.01. Findings— Declaration of Intent.
A. The District operates a system for the collection, treatment, disposal,
and reuse of wastewater ("System"). The System protects human health and the
environment from the potentially harmful effects of wastewater-
B. The revenues collected pursuant to this Ordinance shall be used to
finance the improvements, programs, and staffing needed to operate, maintain, replace,
and improve the District's existing facilities, fund necessary reserves, and retire debt
incurred to finance such activities. The revenues shall be used for no other purpose.
C. The fees and charges established by this Ordinance are based on
the information and analysis set forth in the Carollo Report and the Master Plan, both of
which were made available to the public in accordance with Government Code Section
66016 and other provisions of law-
D. The fees and charges established by this Ordinance do not exceed
the estimated reasonable cost of providing the wastewater collection,treatment, disposal,
and reuse services for which the fees are charged. The manner in which the costs are
allocated to each payor bears a fair or reasonable relationship to the payor's burdens on,
and benefits received from, the District's System.
E. The fees and charges established by this Ordinance will fund the
operations, maintenance, construction, rehabilitation, and repair necessary to maintain
service within the District's existing service area. Therefore, 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).
F. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance have been approved by the
District's Board of Directors at a noticed public meeting, all in accordance with applicable
provisions of law.
ARTICLE 11
MISCELLANEOUS CHARGES AND FEES RELATING
TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL
PERMITTEES AND WASTEHAULERS
Section 2.01. Purpose and Scope. The purpose of this Ordinance is to
recover those costs incurred by the District (i) on account of industrial dischargers' and
wastehaulers' use of the District's facilities; (ii) when administering the District's Source
Control Program; and (iii) when performing non-compliance sampling of industrial
wastewater dischargers who have violated the District's Wastewater Discharge
OCSD-51-3
Regulations or the terms and conditions of the discharger's permit. Revenues derived
under the provisions of this Ordinance shall be used to defray the costs incurred by the
District (i) on account of such use of the District's facilities; and (ii) in performing these
tasks.
Section 2.02. 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 Tables E, F, G, H, I and J, below.
Section 2.03. Source Control Non-Compliance Fees. Source control non-
compliance fees are hereby established for dischargers' non-compliance sampling and
for self-monitoring and data reporting non-compliance, in the sum or sums as set forth in
Table F, below.
Section 2.04. Special Purpose Discharqe Permittees: Charges for Use. As
authorized by Sections 305.5 and 305.6 of the District's Wastewater Discharge
Regulations, charges for use are hereby established for Special Purpose Discharge
Permittees, as set forth in Table G, below.
Section 2.05. Class I and Class II Permittees — Charges for Use. As
authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the District's Wastewater
Discharge Regulations, the charges for use are hereby established for Class I and Class
II Permittees as set forth in Table F, below.
Section 2.06. 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 H, below.
Section 2.07. Administrative Appeals.
A. Any user, permit applicant, or permittee affected by any decision,
action, or determination by the District may, within forty-five (45) days of the date of
mailing by the District of the initial invoice for fees imposed pursuant to this Ordinance,
request that the District reconsider imposition of such fees. Following review of such a
request, the District shall notify the user, permit applicant, or permittee by certified mail of
the District's decision on the reconsideration request.
B. Any user, permit applicant, or permittee adversely affected by the
District's decision on the reconsideration request, may file an appeal in accordance with
Sections 618 and 621 of the District's Wastewater Discharge Regulations.
TABLE E
ADMINISTRATIVE FEES AND CHARGES
RELATING TO PERMITTEES
Permit Fees Charges per year
2018-19 2019-20 2020-21 2021-22 2022-23
A. Class I/Certified Discharger $ 945.00 $1,105.00 $1,265.00 $1,425.00 $1,585.00
OCSD-51-4
B. Class II $ 240.00 $ 310.00 $ 380.00 $ 450.00 $ 520.00
C. SPDP' $1,072.00 $1,094.00 $1,116.00 $1,138.00 $1,160.00
SPDP Renewal $ 760.00 $ 775.00 $ 785.00 $ 795.00 $ 810.00
D. Wastehauler $ 190.00 $ 190.00 $ 190.00 $ 190.00 $ 190.00
E. Certified Zero/No Discharge $ 120.00 $ 120.00 $ 120.00 $ 120.00 $ 120.00
'New permit only-add nonrefundable deposit for first t million gallons as defined in Table G
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/event
Administrative/Processing Fees Charaes
L. OCSD's Collection of Water Consumption Data $ 500.00/permit
M. Appeal Hearing Filing Fee $ 800.00/appeal
N. Late Application (30 days or less from expiration date) $ 500.00
O. Late Application (15 days or less from expiration date) $1,000.00
TABLE F
INDUSTRIAL DISCHARGER, SOURCE CONTROL
AND NON-COMPLIANCE SAMPLING FEES
Charge
Cost of Processing and Samplina
Following a Minor Violation $200.00/event
Cost of Processing and Sampling
Following a Maior Violation $400.00/event
Non-Compliance Resamplina Fee $275.00/event
Cost of Analysis
Heavy Metals: $ 50.00/each
-Aluminum
-Antimony
-Arsenic
- Cadmium
- Chromium
- Copper
- Gold
- Lead
- Molybdenum
- Nickel
- Palladrum
OCSD-51-5
TABLE F (CONTINUED)
INDUSTRIAL DISCHARGER, SOURCE CONTROL
AND NON-COMPLIANCE SAMPLING FEES
Platinum
Selenium
Silver
Thallium
Zinc
Charge
Mercury $ 85.00
601/602 $152.00
604 $223.00
606 $254.00
608 $523.00
610 $ 73.00
612 $200.00
624 $355.00
625 $661.00
Ammonia Analysis as Nitrogen $ 32.00
Biochemical Oxygen Demand (BOD) $ 49.00
BOD and Suspended Solids (SS)Analysis $ 97.00
Chemical Oxygen Demand $ 33.00
Conductivity $ 65.00
Cyanide (Amenable) $146.00
Dissolved Mineral Solids $ 15.00
Gamma Radiation Determination $286.00
Gross Alpha and Beta Determination $ 34.00
Tritium Determination $123.00
Oil & Grease (Hexane Soluble Matter) $ 81.00
Oil & Grease (Mineral Partition) $ 81.00
Total Organic Nitrogen $ 65.00
pH $ 32.00
Fluoride $ 49.00
Suspended Solids (Total) $ 49.00
Suspended Solids (Total and Volatile) $146.00
Total Dissolved Solids $ 49.00
Total Sulfides $ 69.00
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 $485.00
Non-Compliance Appeal Filing Fee` $150.00
'Filing Fee will be refunded if customer wins appeal
OCSD-51-6
TABLE G
CLASS I AND CLASS II PERMITTEES AND
SPECIAL PURPOSE DISCHARGE PERMITTEES
CHARGES FOR USE
Class I and II 2018-19 2019-20 2020-21 2021-22 2022-23
Flow (*) $1,433.49 $1,489.42 $1,545.35 $1,601.28 $1,657.22
B.O.D. (") $ 658.09 $ 661.39 $ 664.69 $ 667.99 $ 671.28
S.S. (*'*) $ 716.60 $ 736.73 $ 756.86 $ 777.00 $ 797.14
Special Purpose
Discharge
Permit 2018-19 2019-20 2020-21 2021-22 2022-23
Flow (*) $1,433.49 $1,489.42 $1,545.35 $1,601.28 $1,657.22
(') 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. The
District's costs relating to providing service to these properties are billed by the District
directly to the Irvine Ranch Water District, the local agency providing the local sewer
service.
TABLE H
WASTEHAULER CHARGES FOR USE
2018-19 2019-20 2020-21 2021-22 2022-23
Within OCSD
Boundaries $0.06 $0.07 $0.08 $0.09 $0.09
Outside OCSD
Boundaries** 1 $0.14 $0.16 1 $0.18 $0.20 $0.22
(") per gallon
(**) Outside District boundaries and inside the District service area or authorized
by the District's General Manager
Waste hauled from a source that is not within the District'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.
OCSD-51-7
ARTICLE IV
MISCELLANEOUS
Section 4.01. Application of Ordinance. The provisions of this Ordinance
shall be in addition to the provisions of the District's Wastewater Discharge Regulations
for use of the District's sewage facilities, including provisions for payment of charges or
fees related thereto, the District's ordinance establishing Fees Concerning Annexations
of Territory to the District, and any other District 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 District, including those properties otherwise deemed
exempt from payment of taxes or assessments by provisions of the State Constitution or
statute, including properties owned by other public agencies or tax-exempt organizations,
except as expressly provided herein.
Section 4.03 Out of Area Sewer Service Agreements. The District is
empowered to contract for the transport, treatment and disposal of wastewaters
originating within areas outside of the District if it is in the best interest of the District to do
so. These Out of Area Sewer Service Agreements will establish fees and charges relative
to the services provided by the District for each individual agreement.
The Board of Directors of the Orange County Sanitation District does further
hereby ORDAIN:
SECTION It. Severability. If any provision of this Ordinance, or the application to any
person or circumstances is held invalid by order of Court, the remainder of the Ordinance,
or the application of such provision to other persons or other circumstances, shall not be
affected.
SECTION III. Effective Date. This Ordinance shall take effect July 1, 2018.
SECTION IV. Repeal. Ordinance No. OCSD40 and No. OCSD42 are 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.
OCSD-51-8
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 on March
28, 2018.
ego C ebourn, PLS
Chairman, Board of Directors
Orange County Sanitation District
ATTEST:
eily VVIBcard
Cie o
Orange County Sanitation District
APPROVED AS TO FORM:
Bradl R og'
General C nsel
Orange County Sanitation District
OCSD-51-9
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OCSD-51 was introduced for
first reading at a regular meeting of said Board on the 28th day of February 2018, and
passed and adopted by a vote of not less than two-thirds at a regular meeting of said
Board on the 28th day of March 2018, by the following vote, to wit:
AYES: Bames; Bernstein; Blazey (Alternate); Collacott; Deaton;
Ferryman; Jones; Kim; R. Murphy; Nagel; Nguyen; Parker;
Peotter; Peterson; Seboum; Shawver; F. Smith; T. Smith;
Wagner; Withers; and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins; Steel; Tinajero; and Wanks
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 28th day of March, 2018.
i
Kelp A. L ., MMC
CI k of th- Board
Orange County Sanitation District
OGSD-51-10