HomeMy WebLinkAboutResolution 1974 - 0124.RESOLUTION NO.7’~—l2~
REQUESTING AMENDMENT TO FEDERAL WATER
POLLUTION CONTROL ACT (FL 92—500)TO ALLOW
AD VALOREM TA)~ES AS A BASIS FOR USER
CHARGE SYSTEMS
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,
5,6,7,AND 11 OF ORANGE COUNTY,CALIFORNIA,
REQUESTING AMENDMENT TO FEDERAL WATER POLLUTION
CONTROL ACT •(PL 92-500)TO ALLOW AD VALOREM
TA)~S AS A BASIS FOR USER CHARGE SYSTEMS
WHEREAS,Section 2O~of the Federal Water Pollution Control
Act Amendments of 1972 provides,in part,as follows:
“...(b)(1)...that the applicant (A)has adopted
or will adopt a system of charge8 to assure that
each recipient of waste treatment services within
the applicant’s aurisdiction,as determined by the
administrator,will pay its proportionate share of
the costs of operation and maintenance (including
replacement)of any waste treatment services
provided by the applicant...”
and,
WHEREAS,the Environmental Protection Agency has interpreted
said provision of the Act as allowing ad valorem taxes as a basis
for a user charge system as required in the Act;and,
WHEREAS,the General Accounting Office has,however,ruled that
ad valorem taxes are not allowable as a basis for a user charge
system to meet said provisions of the Act;and,
WHEREAS,the County Sanitation Districts of Orange County,
presently serving a population of 1,500,000 in more than twenty—four
communities,have heretofore demonstrated their ability to finance
their activities and distribute costs of said activities equitably
among their users,resulting in an efficient and cost—effective
program of wastewater quality control in Orange County;and,
WHEREAS,said program of wastewater quality control has hereto
fore been,for the most part,supported for capital improvements and
expansion and operation and maintenance of sewerage facilities by
ad valorem taxes;and,
WHEREAS,implementation of a direct user charge by the County
Sanitation Districts of Orange County would involve a system of
charges for over ~IOO,OOO separate connections,would not be cost
effective,and would significantly add to the Districts’operating
costs by as much as 25%,thus placing an additional burden on all
users;and,
WHEREAS,these Joint Boards of Directors have heretofore
decla±ed their intent to adopt a revenue program for financing
of Districts’activities which envisions the use of ad valorem tax
as a component of said revenue program,.and which said revenue
program would demonstrate the Districts’ability to fund operation
and maintenance of facilities;demonstrate the Districts’ability
to finance the replacement and expansion of facilities as needed;
demonstrate that the industrial community will pay its proportionate
share of Districts’costs and will adopt industrial waste discharge
rules and regulations;and demonstrate that Districts’costs~are
equitably distributed among users;and,
WHEREAS,the Districts propose to accomplish the above in
accordance with the Water Pollution Control Act’s stated objective
of minimizing procedures and paperwork and interagency decisions
and procedures and the best utilization of available manpower and
funds.
NOW THEREFORE,the Boards of Directors of County Sanitation
Districts Nos.1,2,3,5,6,7,and 11 of Orange County,California,
DO HEREBY RESOLVE:
That the Joint Boards of Directors of County Sanitation Districts
Nos.1,2,3,5,6,7,and 11 of Orange County,California,do
hereby petition Congress to amend the Water Pollution Control Act
(PL 92—500)to authorize ad valorem taxes as one of several sources
of revenue for user charge systems..
PASSED AND ADOPTED at a regular meeting held September 11,197!!.
—2—
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange
County,California,do hereby certify that the above andforegoing
Resolution No.714_l21~was regularly passed and adopted at a regular
meeting of said Boards on the 11th day of September,197k,by the following
vote,to wit:
Gilbert Ar’biso,Jr.
David Baker
Robert Battin
John Burton
Edward Byrne
Michael Callahan
Dale Chaput
Ralph Clark
Norman Culver
Jesse Davis
Milan Dostal
Henry Duke
Roland Edwards
Donald Fox
John Garthe
Norma Gibbs
Francis Glockner
Beth Graham
James Jackman
Miriam Kaywood
Charles Long
Leonard MacKain
Don Mclnnis
Thomas McKnew
Robert Nevil
Jerry Patterson
Bob Perry
Kerm Rima
Robert Root
Donald Saltarelli
George Scott
Sofia Sonju
Bernie Svalstad
Joe Temple
Harriett Wieder
Donald Winn
Frances Wood
Councilman
Board of Supv.
Board of Supv.
Mayor pro tern
Mayor
Councilman
Mayor
Board of Supv.
Director
Councilman
Councilman
Councilman
Director
Mayor pro tern
Councilman
Councilwoman
Director
Councilwoman
Councilman
Councilwoman
Councilman
Mayor
Mayor
Mayor
Mayor
Mayor
Director
Director
Councilman
Councilman
Mayor
Councilwoman
Councilman
Councilman
Councilwoman
Mayor
Mayor
Stanton
Orange County
Orange County
Irvine
La Palma
Placentia
Yorba Linda
Orange County
Garden Grove
Sanitary Dist.
Buena Park
Newport Beach
Huntington Beach
Midway City
Sanitary Dist.
Brea
Santa Ana
Huntington Beach
Costa Mesa
~Sanitary Dist.
La Habra
Orange
City of Anaheim
Los Alamitos
Brea
Newport Beach
Seal Beach
La Habra
Santa Ana
Garden Grove
Sanitary Dist.
Costa Mesa
Sanitary Dist.
Fullerton
Tustin
Fountain Valley
Cypress
Fountain Valley
Orange
Huntington Beach
Villa Park
Fullerton
NOES:None
ABSENT:Howard Rogers Councilman Newport Beach
J./~W~’ayr~Syiv,~ter,Secretary,
B,6Ards~/of Di,t,éctors,County Sanitation
~istricts No’~.1,2,3,5,6,7 and 11
of Orange County~California
AYES:
September,19714
IN WITNESS WHEREOF,I have hereunto set my hand this 11th day of
RESOLUTION NO.VJ—126-.2
APPROVING ASSIGNMENT OF CBNWD INTERCEPTOR
CAPACITY AGREEMENT TO SAWPA
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.2 OF ORANGE
COUNTY,CALIFORNIA,APPROVING AGREEMENT
FOR ASSIGNMENT OF CHINO BASIN WASTEWATER
INTERCEPTOR CAPACITY AGREEMENT TO SANTA ANA
WATERSHED PROJECT AUTHORITY
*ft ft ft ft ft ft ft ft
WHEREAS,County Sanitation District No.2 of Orange County has
heretofore entered into a Wastewater Interceptor Capacity Agreement
dated April 12,1972,with Chino Basin Municipal Water District to
permit said Water District to dispose of wastewater through the
facilities of County Sanitation District No.2 into the joint
treatment and disposal facilities of County Sanitation Districts
Nos.1,2,3,5,6,7,and .11;and,
WHEREAS,County Sanitation Districts Nos.1,3,5,6,7,and 11
of Orange County have heretofore approved said agreement with Chino
Basin Municipal Water District;and,
WHEREAS,the Chino Basin Municipal Water District has requested
assignment of said agreement to the Santa Ana Watershed Project
Authority,which said Authority was formed for the purpose of
undertaking projects for water quality control and protection,and
pollution abatement in the Santa Ana River Watershed.
NOW THEREFORE,THE BOARD OF DIRECTORS OF COUNTY SANITATION
DISTRICT NO.2 of Orange County,
DOES HEREBY RESOLVE,DETERMINE,AND ORDER:
Section 1 That certain agreement dated October 16,197L~
for assignment to Santa Ana Watershed Project Authority of the
Wastewater Interceptor Capacity Agreement beti~een Chino Basin
Municipal Water District and County Sanitation District No.2 of
Orange County,dated April 12,1972,is hereby approved;and,
Section 2 That said assignment is subject to the concurrence
of County Sanitation Districts Nos.1,3,5,6,7,and 11 of Orange
County,California;and,
Section 3 That the Chairman and Secretary of the District
are hereby authorized to execute said assignment in form approved by
the General Counsel.
Passed and adopted at an adjourned regular meeting held
October 2,1974.
—2—
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the ‘Board of
Directors of County Sanitation District No.2 ,
of
Orange County,California,do hereby certify that the
above and foregoing Resolution No.7~4—l26—2was regularly
oassed and adopted at an adjourned regular meeting of said
Board on the 2nd day of October •,19711 ,by the
following vote,to wit:
AYES:Directors Dale Chaput (Chairman),
Michael Callahan,Ralph Clark,John
Garthe,Beth Graham,Miriam Kaywood,
Don Fox,George Scott,Joe Temple,
Donald Winn,and Frances Wood
NOES:None
ABSENT:Director Bob Perry
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed the official seal of County Sanitation District
No.2
,
of Orange County,California,this 2nd day
of October ,19714 •
~syJ4~ster,Secretary,
~oard/Øf Dii~e’ctors of County
Sanit~tion District No.2
of~Orange County,California
S.-103