The URL can be used to link to this page

Home My WebLink AboutResolution 1974 - 0039RESOLUTION NO.74—39. REQUESTING INTERPRETATION OF FEDERAL WATER POLLUTION CONTOOL ACT ANEND~ENTS OF .1972 TO ALLOW AD VALOREIV!TAXES IN REVENUE SYSTEMS AND.INDUSTEIAr.COST HECOVERY FROM ALL INDUS1f~IES WITHIN AN AUENCY’S JURiSDICTION A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF CJL~iIY ~ANiTATIcN DISTRIcTS NOS.1,2,3, 5,6,7,AND 11 OF ORANGE COUNTY.,CALIFORNIA, REQUESTING INTERPRETATION OF THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972,AND THE RULES AND REGULATIONS IMPLEMENTING SAID ACT,TO ALLOW ANY REVENUE PRODUCING SYSTEM (INCLUDING AD VALOREM TAXES)THAT ACCOMPLISHES AN EQUITABLE DISTRIBUTION OF COSTS AMONG USERS TO MEET THE REQUIREMENTS OF THE ACT,AND~ INDUSTRIAL COST RECOVERY FROM ALL INDUSTRIES WITHIN THE APPLICANTt S JURISDICTION WHEREAS,Section 204 o~’the Federal Water Pollution Control Act Amendments of 1972 provides,in part,as follows: (b)(1)Notwithstanding any other pro.vi~ion of this title,the Administrator shall not approve any grant for any treatment works under section .201(g)(1)after March 1,1973,unless he shall first have determined that the applicant (A)has adopted or will adopt a system of charges to assure .that each recipient of waste treatment services within the applicant’s jurisdiction, 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: (B)has made provision for the payment to such applicant by the industrial users of the treatment works,of that portion of the cost of construction of such treatment works (as determined by the Administrator)which is allocab.le to the treatment of such industrial wastes to the extent attributable to the Federal share of the cost of construction...” and, WHEREAS,the rules and regulations of the Environmental Protection Agency implementing the Act provide that ad valorem taxes may not be used as a source of revenue to meet said user charge provision of the Act;and, WHEREAS,it has been further Interpreted that the industrial cost recovery provision of the Act requires that the portion of the cost of construction of treatment works allocable to industrial wastes be recovered only from those industries served by the individual project rather than from all industries within the applicant’s jurisdiction;and, WHEREAS,the County Sanitation Districts of Orange County, California,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 heretofore been,for the most part,supported for capital Improvements and expansion and operation and maintenance of sewerage facilities byad 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 L~OO,OOO connections,would not be cast 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,recovery of costs from industry attributable to the portion of the construction of treatment works allocable to Industrial wastes from those Individual industries’tributary to a specifically funded project,would result in an inequitable distribution of said costs among users and,further,result ir)an unfair economic advantage or disadvantage among certain industrial discharg’ers;and, WHEREAS,these Joint Boards of Direàtors have heretofore declared their intent to adopt a revenue program for financing of Districts’activities which envisions use of ad valôrem tax as a component of said revenue program and which said revenue program will 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’ —2— costs and will adopt industrial waste discharge rules and regulations which comply with applicable state and federal regulations;and demon strate 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.l,~2,3,5,6,7,and 11 of Orange County,California, DO HEREBY RESOLVE: That the Joint County Sanitation Districts of Orange County hereby request that interpretation of the Federal Water Pollution Control Act amendments of 1972,and the rules and regulations implementing said Act,allow any revenue—producing system (including ad valorem taxes)that accomplishes an equitable distribution of costs to the users of an applicant’s system;and, Allow allocation of industrial cost recovery for industry’s proportionate share of the cost of construction of treatment works among all industries within an applicant’s jurisdiction;and, That the above be deemed as meeting the require— rnents of said Act for eligibility for federal construction grant funding of applicant’s project. —3— 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 and foregoing Resolution No.714_39 was regularly passed and adopted at a regular meeting of said Boards on the 13th day of March,l97~,by the following vote,to wit: David Baker Robert Battin Thomas Blackman John Burton Edward Byrne -Dale Chaput Ralph Clark Jesse Davis Henry Duke Roland Edwards Robert Finnell Donald Fox Alice Frankiewich John-Garthe Norma Gibbs Jack Green Joseph Hyde James Jackman Carl Kymla Leonard -MacKain Frank Marshott Don Mclnnis Robert Nevil Jerry Patterson Bob Perry Ellis Porter Kerm Rima Robert Root Donald Saltarelli George Scott Charles Stevens,Jr. John Store Joe Temple Donald Winn None Orange County Orange County Seal Beach Irvine La Palma Yorba Linda Orange County Buena Park Huntington.Beach Midway City Sanitary Dist. Placentia Brea Cypress Santa Ana Huntington Beach Huntington Beach Los Alarnitos Orange Newport Beach Brea Stanton. Newport Beach La Habra Santa Ana Garden Grove Sanitary Dist. Costa Mesa Sanitary Dist. Costa Mesa Sanitary Dist. Fullerton Tustin. Fountain Valley La Habra Newport Beach Orange Villa Park AYES: • NOES Board of Supv. Board of Supv. Mayor Mayor pro tern Mayor Mayor Board of Supv. Councilman Councilman Director Mayor pro tern Mayor pro tern Councilwoman Councilman Councilwoman Councilman Councilman Councilman Councilman Mayor Councilman Mayor - Councilman Mayor Director President Director Councilman - Councilman Mayor Mayor Councilman Mayor pro tern Mayor ABSENT Mark Stephenson Councilman4-Anaheim IN WITNESS WHEREOF,I have hereunto set my hand this 13th day of March,~97 . .- J~ ~ /ar~/of D~ectors,County Sani ation Districts Nob.1,2, 3,5,6,7,and 11 of Orange County,California