Loading...
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. -1- (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 Printed on Recycled Paper -2- 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. -3- ti (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. Printed on Recycled Paper -4- (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. -5- N (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. Printed on Recycled Paper (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- -7- r. 0 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 Printed on Recycled Paper 10 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. -10- Printed on Recycled Paper ARTICLE 9 - MZTXATION REQUIREMENTS r (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. -11- 1 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. Printed on Recycled Paper r Clerk o f t h P_ District -12- Costa Mesa Sanitary District