Ord 1989-20ORDINANCE NO. 20
AN ORDINANCE PROVIDING RULES AND REGULATIONS RELATING TO CONNECTIONS TO
DISTRICT SEWERAGE FACILITIES, ESTABLISHING CHARGES THEREFOR AND PROVIDING
PENALTIES FOR VIOLATIONS.
THE BOARD OF DIREC'T'ORS OF THE COSTA MESA SANITARY DISTRICT DOES ORDAIN AS
FOLLOWS:
SECTION 1. PURPOSE
The Board of Directors finds and declares that numerous applications for
connections to, construction of, and the use of sewerage facilities are being
made by reason of the rapid growth and development within the DISTRICT. The Board
of Directors further declares and finds that rapid development within the DISTRICT
demands and requires the establishment and periodic revision of procedures, regula-
tions and standards for sewerage facilities in order to preserve the public health
and safety. The Board further finds and declares that the overtaxing and over-
loading of DISTRICT facilities necessitates the establishment of funding as herein
set forth to alleviate and relieve the inminent danger of major interruptions of
service. The Board further finds and declares that the DISTRICT can no longer
rely totally on the ad valorem tax for this purpose. The Board further finds
and declares that in the interest of clarity and efficiency it is desirable to re-
adopt an amended Ordinance 6 as Ordinance 20 and by re- adoption to repeal Ordinances
6, 7, 9, 10, 11, 14, 15 and 19. Accordingly, the following revised and amended
Ordinance 6 is hereby adopted as Ordinance 20:
ARTICLE I - DEFINITIONS
For the purpose of this Ordinance, certain words and terms are defined as
follows:
(a) Assessment Charges. Are those charges paid directly by the property
owner for the construction of street sewers.
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(b) Connection Manhole. Shall mean a manhole constructed in the main line
of a DISTRICT trunk or subtrunk sewer not as a part of the original construction,
or a manhole built adjacent thereto, for the purpose of permitting sewage to flaw
into a DISTRICT sewer.
(c) DISTRICT Connection Charge. Is a connection charge imposed directly by
DISTRICT as a charge for the use of the DISTRICT's sewer system.
(d) DISTRICT Sewerage Facility. Shall mean any property belonging to DISTRICT
used in the transportation or disposal of sewage or industrial waste.
(e) Domestic Sewage. Shall mean the waterborne wastes derived from the
ordinary living processes which are of such volume and character as to permit satis-
factory disposal into a public sewer.
(f) Dwelling Unit. A dwelling unit shall consist of one or more roans in
any building designed for occupancy by one family and containing one kitchen unit.
(g) Industrial Waste. Shall mean any and all liquid or solid waste substance,
not sewage, fran any producing, manufacturing or processing operation of whatever
nature.
(h) Industrial Waste Treatment Plant or Facility. Shall mean any works or
device for the treatment of industrial waste prior to its discharge into the DISTRICT
sewerage facilities.
(i) Main Sewers. Are those financed in part or totally by DISTRICT connec-
tion charges or by developers and which form the connecting links between the trunk
or subtrunk sewers and the street sewers, including pumping facilities when such
are necessary.
(j) Plumbing Fixture Unit. A plumbing fixture unit as used in this Ordi-
nance is defined as being the same as set forth in Chapter 4 of the Western
Plumbing Officials Uniform Plumbing Code as adopted by the City of Costa Mesa,
a copy of which is on file in the office of the Secretary of the DISTRICT. All
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roughing -in for future fixtures will be counted as fixture units to set charge. e
(k) Pretreatment. Shall mean treatment prior to discharge into a DISTRICT
sewerage facility by means of an industrial waste treatment plant or facility.
(1) Public Corporation. Shall mean any city, district or other public agency
duly authorized under the laws of the State of California.
(m) Sewerage Facilities. Are any facilities used in the collection, trans-
portation, treatment or disposal of sewage and industrial waste.
(n) Street Sewers. Are those constructed as a result of local initiative
and financing in tracts, subdivisions, crnmercial and industrial developments or
other built -up areas through the use of assessment proceedings under the Street
Improvement Act of 1911 or otherwise. Street sewers include dry sewers installed
by developers prior to construction of trunk and subtrunk sewers.
(o) Trunk Sewer Manholes. Shall mean those manholes constructed as a part
of the DISTRICT's sewer system.
ARTICLE 2 - PERMIT REGULATIONS
(a) Requirements. No person or public corporation shall be permitted to
connect tc, use or maintain a connection to the sewerage facilities of the DISTRICT
without a valid permit.
(b) Condition Precedent. No permit shall be valid unless the real property
to be sewered by use of the permit shall be included within the boundaries of the
DISTRICT or which is currently being annexed to the DISTRICT or unless said property
is subject to or is being made subject to a service contract between the real
property owner and the DISTRICT. Any owner or developer of property within the
geographical boundaries of the COSTA MESA SANITARY DISTRICT who sewers said property
by a direct connection of sewer laterals to the facilities of Sanitation Districts
No 1, 6, and 7 within the COSTA MESA SANITARY DISTRICT, shall be exempt from the
fixture fee requirements of this Ordinance.
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(c) Permit.
(1) Permit to Connect. A connection permit for the purpose of authorizing
connection to a DISTRICT sewerage facility under conditions set forth in said
permit is required before connection will be authorized.
(2) Permit to Use. The use permit will prescribe requirements as to a
connection manhole, an industrial waste treatment plant or facility, or pretreat-
ment, all to insure compliance with the DISTRICT regulations as to characteristics,
quality and quantity of sewage and industrial waste. Any such requirements shall
be set forth in the permit.'
(3) Surcharges for Use Permit. The DISTRICT hereby establishes the
quantity of 15,000 cubic feet of sewage or industrial waste per month per acre of
real property served as the maximum allowable effluent to be discharged into the
DISTRICT's sewerage facilities without the payment of surcharges. Each user
discharging more than 15,000 cubic feet of sewage or industrial waste per month
per acre shall be charged $6.00 per 1,000 cubic feet or any portion thereof in
excess of the 15,000 cubic feet maximum. All public agencies shall be exempt from
payment of any surcharge herein established. Measurements may be required by the
permittee, or permittee's effluent may be considered equivalent to the water
(excepting irrigation water) purchased by the permittee. Permittee upon demand
shall provide DISTRICT with his or its water usage records and DISTRICT shall bill
excess users of the system monthly based upon the charges set forth herein.
(d) Suspension of Use Permit. The second part of the permit may be suspended
if a permittee is acting in violation of any provision of the permit or of the
ordinances, rules or regulations of the DISTRICT thirty (30) days after receiving
a formal written notice of such violation and a demand for correction thereof from
the DISTRICT. Such formal written notice shall be given only upon recommendation
of the Manager and approval of the Directors of the DISTRICT.
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(e) Violation. For each day or part of a day a permittee whose permit has
been suspended continues to discharge sewage or industrial waste into a DISTRICT
sewerage facility in violation of the permit or of the ordinances, rules or regula-
tions of the DISTRICT, he or it shall be charged the sum equal to 10 per cent of
the connection charge per day. No formal written notice of violation shall be
authorized unless the Manager of the DISTRICT has first given an informal written
notice of violation to the subject permittee at least fifteen (15) days in advance
of action of the Board of Directors. The same noticing procedure set forth herein -
above shall apply for intermittent or sporadic violators and in lieu of a suspension
of permit, the DISTRICT Directors may impose a fine of not less than $200.00 per
day or any part of a day for intermittent violations. The amount of the fine may be
directly related to increased handling costs occasioned to the DISTRICT by reason
of such violations and /or damage caused to the sewerage facilities of this DISTRICT
by such violations. In such cases the formal written notice'of violation shall set
forth the fine to be imposed for violations after the thirty (30) day correction
period.
(f) Procedure to Acquire Permit. An applicant for a permit or his agent
shall make application on a form furnished by the DISTRICT. The permit application
shall be supplemented by such plans, specifications or other information considered
pertinent in the judgment of the Manager of the DISTRICT. The permit fee and charges
as hereinafter described shall be paid to the DISTICT at the time the permit appli-
cation is filed.
(g) Disposition of Charges. All charges established under this Article,
when collected, shall be deposited in the DISTRICT's Facilities Revolving Fund.
ARTICLE 3 - PERMIT CHARGES
Before any connection permit shall be issued, the applicant shall pay to the
DISTRICT or its agent the charges specified herein.
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(a) Permit Charges, Plumbing Unit. The charges hereinafter provided may be
changed from time to time as provided for in ARTICLE 9 of this Ordinance:
FIXTURE
FEE /FIXTURE
Bathtub
$15.00
Laundry Tub or Washer
15.00
Shower
15.00
Sink, bar
7.50
Sink, Kitchen
15.00
Wash Basin
7.50
Wash Basin (Set)
15.00
Water Closet (Toilet)
45.00
Bidet
15.00
Dental Units
7.50
Drinking Fountains
7.50
Floor Drains
15.00
Interceptors for Grease, Oil, Solids, Etc.
22.50
Interceptors for Sand, Auto Wash, Etc.
45.00
Laundry Tub or Washer (Self Service)
22.50
Receptors
22.50
Shower, Gang - Per Head
7.50
Sinks, Bar - Commercial
15.00
Sinks, Ccmmercial or"Industrial
22.50
Sinks, Floor
7.50
Sinks, Flushing Rim
45.00
Sinks, Service
22.50
Swimming Pool
45.00
Urinals, Pedestal
45.00
Urinals, Stall
15.00
Urinals, Wall
15.00
Urinals, Wall Trough
22.50
(b) Connection Charge for Mobile Homes. For each mobile home parking space
in any mobile home park the sewer connection charge shall be calculated at twelve
(12) fixture units, at $10.00 per fixture unit. If on. or before each December 1,
the Directors of the DISTRICT by resolution duly adopted resolve and direct, the
aforesaid connection charge shall be increased effective the next succeeding Janu-
ary 1, by adding thereto the sum of $0.25 per plumbing fixture unit.
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(c) When Charge is to be Paid. Payment of connection charges may be required
at the time of the issuance of the Building Permit for all construction within the
DISTRICT, but in all cases, payment of charges must be made prior to the issuance
of the Plumbing Permit on said construction, excepting in the case of a building
legally exempt from the requirement of obtaining a building permit for the City of
Costa Mesa. The payment of the sewer connection charge for such building will be
required at the time and prior to the issuing of a sewer connection permit for any
construction within the territorial limits of the DISTRICT. For that portion
of the DISTRICT within the City of Newport Beach and within the County of Orange,
said fee shall nevertheless be paid through the offices of the COSTA MESA SANITARY
DISTRICT, 77 Fair Drive, Costa Mesa, California.
(d) Schedule of Charges. A schedule of charges specified herein will be on
file in the office of the Secretary of the DISTRICT and in the office of the Building
Department of the City of Costa Mesa and will be based on plumbing fixture units
as defined and specified in Sections 402 and 403 of the Western Plumbing Officials
Uniform Plumbing Coal as adopted by the City of Costa Mesa.
(e) Interpretation of Permit Regulations. If the factual situations presented
do not follow precisely within the rules herein promulgated in this Article, the
Board of Directors shall interpret then in a reasonable mariner. In making such
interpretations, the Board shall be guided by the policy of the DISTRICT, which is
hereby stated as follows: It is the policy of the Directors of the DISTRICT to base
fees and charges in accordance with the benefits and uses supplied by the DISTRICT.
Those receiving the greatest benefits and most use of the facilities provided by
the DISTRICT shall proportionately bear more of the costs and expenses of the DISTRICT.
ARTICLE 4 - PENALTIES AND SURCHARGES FOR VIOLATIONS
(a) Permits Subsequently Obtained. Any person or public corporation connec-
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ting to a DISTRICT sewerage facility or connecting to a sewerage facility which dis-
charges into a DISTRICT sewerage facility without first having obtained a permit as
herein provided shall be charged double the amount hereinabove described for his or
its permit.
(b) Violations.
(1) For each day or part of a day any person is without a valid permit
connected directly to a DISTRICT sewerage faccility or to a sewerage facility which
discharged into a DISTRICT sewerage facility, he shall be liable to the DISTRICT
in the sum of $10.00 per day; and each day or part of a day such violation continues
shall be a separate and additional violation.
(2) For each day or part of a day any public corporation is without a
valid permit connected directly to a DISTRICT sewerage facility or to a sewerage
facility which discharges into a DISTRICT sewerage facility, it shall be liable to
the DISTRICT in the sum of $50.00 per day; and each day or part of a day such viola-
tion continues shall be a separate and additional violation.
ARTICLE 5 - FACILITIES REVOLVING FUND
There is hereby established the Facilities Revolving Fund of the DISTRICT.
All charges as established by Article 3 hereof, when collected, shall be deposited
in said fund. Said fund shall be used only for the acquisition, construction, and
reconstruction of sewage facilities within the DISTRICT and not for repair, main-
tenance, upkeep, or DISTRICT administrative expenses.
ARTICLE 6 - INSPECTION AND ADMINISTRATION FEES
Subject to change by resolution as provided for in ARTICLE 8, the following
inspection and administration fees shall be assessed:
(a) Permit Fee - Personnel Hourly Rates
(1) Construction Inspector $49.84
(2) Engineering Aide
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25.70
(3) Intermediate Clerk Typist $18.70
(4) Accounting Clerk 44.30
(5) Permit Fee 144.00.
(b) Plan Check and Inspection
(1) Existing or new 6" VCP lateral $270.00
(2) New manhole and 8" VCP to property line 760.00
(3) Construction of new facilities for
dedication to the DISTRICT 7% of construction
cost but not less
than $760.00.
(c) Annexation Fee
(1)
District Engineer
$400.00
(2)
District Attorney
300.00
(3)
District Manager
80.48
(4)
Clerk of the District
124.52
(5)
Assistant Finance Director.
25.67
(6)
Accounting Clerk
44.30
(7) Miscellaneous printing & postage 30.00
$1,005.00
The DISTRICT may charge actual additional costs incurred in annexation which
may be caused by, but not necessarily limited to, annexation elections, the expenses
of public hearings in nonconsent annexations, litigation challenging the validity of
Board action in the approval of annexations and such other reasonable costs which
may be incurred over and above the permit fee provided for in this Article and sub-
section. Additional assessments for annexation may be imposed by the DISTRICT for
costs and expenses incurred by the DISTRICT which are of an unusual nature not
normally incurred in the course of an annexation or any additional cost or expense
incurred by the DISTRICT to correct any error or misrepresentation made by
any applicant to the DISTRICT regarding any proposed annexation. No refund will
be made to any applicant abandoning any annexation where said abandonment is not
` attributable to any fault of the DISTRICT.
(d) Connection Fee.
A permit fee of $144.00 shall be charged where applicant wishes to connect
to and use DISTRICT facilities without construction of improvements. The fee shall
be charged in any case where DISTRICT administrative and inspection services are
required.
ARTICLE 7 - OTHER AGENCY FEES
In addition to those fees provided for in Articles 3 and 7, there shall be
established and collected the following fees, the amount of which shall be deter-
mined by the agency for which they are collected:
6 and 7.
(a) Any fee collected for and remitted to County Sanitation Districts 1,
(b) State Board of Equalization annexation filing fees collected for and
remitted to that agency.
(c) County Surveyor for the County of Orange fee collected for and remitted
to that agency for annexation plancheck.
(d) Fees collected and remitted to Orange County Local Agency Formation
Cormmi s sion .
(e) Any other fee required to be collected and remitted to any other
governmental agency as a condition to annexation or use of said governmental agenc},'s
facilities.
ARTICLE 8 - FEE CHANGES
All of the fees established by this Ordinance may be increased, decreased,
or abolished, or otherwise modified at any time by resolution duly adopted by the
Board of Directors of the DISTRICT and said resolution shall have the same force
and effect when adopted as though this Ordinance had been amended to provide said
changes.
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ARTICLE 9 - MZTXATION REQUIREMENTS
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(a) When Deemed Annexed. Except as hereinafter provided, no sanitary sewer
service, including residential trash disposal service, shall be provided to any
applicant for service unless and until said applicant shall have applied for and
been approved by annexation to the DISTRICT. Approval shall be deemed complete
when approved by the Local Agency Formation Camdssion and when the property to be
served has been declared by Board resolution to be annexed to the DISTRICCT.
(b) Exceptions. Sanitary sewer service, including trash collection, may be
provided by contract to applicants for service without annexation to the DISTRICT,
however contracts for service may be entered into by the DISTRICT only on those
parcels lying in County territory or within the geographical limits of an incorporated
city other than the City of Costa Mesa. All parcels lying within the geographical
limits of the City of Costa Mesa will be served only after annexation to the DISTRICT
as heretofore set forth.
ARTICLE 10 - ENFORC3=
The provisions of this Ordinance may be enforced by civil action at law
and /or by injunction. In this connection these regulations shall be construed as
a contract by the COSTA MESA SANITARY DISTRICT and each permittee.
ARTICLE 11 - VALIDITY
If any article, section, subsection, sentence,- clause, or phrase of this
Ordinance, or the application of any thereof to any person, entity, public corpora-
tion, or circumstances be held to be invalid for any reason, such validity shall
not affect the validity of any other provision or application of any of the remain-
ing provisions or portions of this Ordinance; and to this end the Board of Directors
of the COSTA MESA SANITARY DISTRICT hereby declares that it would have adopted
this Ordinance and each and every article, section, subsection, sentence, clause,
and phrase thereof irrespective of the fact that any one or more other articles,
sections, subsections, sentences, clauses, or phrases, or the application of any
thereof to any person, entity, public corporation, or circumstance be declared
invalid.
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ARTICLE 12 - PUBLICATION
The Clerk of the DISTRICT shall certify to the passage of this Ordinance
and shall cause the same to be published once in the Orange Coast Daily Pilot, a
newspaper of general circulation, printed, published, and circulated in the COSTA
MESA SANITARY DISTRICT, Orange County, California, and seven (7) days from and
after its publication it shall be in full force and effect.
SECTION 2. REPEAL
Ordinances 6, 7, 9, 10, 11, 14, 15, and 19 are hereby and by adoption of
this Ordinance 20 repealed. Any other ordinance or part of ordinance of the DISTRICT
in conflict with this Ordinance is hereby repealed.
PASSED AMID ADOP'T'ED by the Board of Directors of the COSTA MESA SANITARY
DISTRICT, at a regular meeting held on the / t1— day of 19 d'%
ATTEST:
Secr ary
I, Florine T. Reichle, Clerk of the Costa Mesa Sanitary District
Board of Directors of Orange County, California, DO HEREBY CERTIFY
that the foregoing Ordinance, being Ordinance No. 20, was duly passed,
?approved and, adopted by said Board.. approved and signed by the
President of said Board, and attested by the Secretary of said Board,
all. at a regular meeting of. said Boa-rd held on March 9, 1989; and that
the same was passed and adopted by the following roll call vote!
AYES: Directors Wahner, Crank, Hanson, Green, Ferryman.
NOES: Directors - None
ABSENT: Directors -- None
DATED this 14th day of March, 1989.
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