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HomeMy WebLinkAbout9/4/2008 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 4. c. Consent Calendar
Type of Action: AMEND CONFLICT OF INTEREST CODE
subject: CONSIDERATION OF AMENDING EXHIBIT A, DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST
CODE
Submitted By: Elaine R. Boehme Initiating Dept /Div.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
!-Q. / L A--
Elaine R. Boehme . Alm
Secretary of the District Counsel
District
41, . �?A
mes M. 011y,
general Ma ager
ISSUE: The Political Reform Act requires every local government agency to review its
Conflict of Interest Code every two years, no later than October 1 of each even -
numbered year, and determine whether or not changes are required. Any changes are
submitted to the Contra Costa County Board of Supervisors for approval.
RECOMMENDATION: Adopt a resolution revising Exhibit A, Designated Positions and
Disclosure Categories, to delete the classification of Pumping Stations Superintendent.
FINANCIAL IMPACTS: None related to this action.
ALTERNATIVES /CONSIDERATIONS: None. Review of the Conflict of Interest Code
is required biennially by the Political Reform Act.
BACKGROUND: The Political Reform Act of 1974 and the Central Contra Costa
Sanitary District Conflict of Interest Code require that the Board of Directors adopt a list
of designated positions of officers and employees who make, or participate in making,
decisions that could have a material effect on a personal financial interest. It is also
required that the local agency review its Conflict of Interest Code be reviewed every two
years, and determine whether or not changes are necessary.
On July 1, 2008, as part of the 2008 -09 Staffing Plan, the position of Pumping Stations
Superintendent was deleted and consolidated with the Field Operations Superintendent
classification. The job description for Field Operations Superintendent has been
modified accordingly, and any employees holding the title of Pumping Stations
Superintendent have been retitled. The pay range for both classifications was the
same. This is the only change since the Code was last revised in 2006.
POSITION PAPER
Board Meeting Date: September 4, 2008
Subject CONSIDERATION OF AMENDING EXHIBIT A, DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES OF THE DISTRICT CONFLICT OF INTEREST
CODE
RECOMMENDED BOARD ACTION: Adopt the attached resolution amending Exhibit
A, Designated Positions and Disclosure Categories of the Central Contra Costa
Sanitary District Conflict of Interest Code, and authorize the Secretary of the District to
complete the 2008 Conflict of Interest Code Biennial Notice and submit it to the Board
of Supervisors for approval.
RESOLUTION NO. 2008 -090
A RESOLUTION AMENDING EXHIBIT A, DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES, OF THE CENTRAL CONTRA COSTA SANITARY
DISTRICT CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974 requires every local government
agency to review its Conflict of Interest Code biennially, no later than October 1 of each
even - numbered year, and determine whether changes are necessary; and
WHEREAS, Section 2.20.020 of the Central Contra Costa Sanitary District Code
provides that the Board of Directors shall from time to time establish by resolution
designated positions of officers and employees deemed to make, or participate in the
making of, decisions that may foreseeably have a material effect on a financial interest.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central
Contra Costa Sanitary District as follows:
THAT Exhibit A, Designated Positions and Disclosure Categories of the Central
Contra Costa Sanitary District Conflict of Interest Code, a copy of which is attached, is
hereby approved and adopted for the District, subject to approval by the Board of
Supervisors of the County of Contra Costa; and
THAT the Secretary of the District is hereby authorized and instructed to submit a
copy of such Code amendment to the Board of Supervisors of the County of Contra
Costa and to request the Board of Supervisors to approve said Code amendment in
accordance with Government Code Section 87303.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 4th day of September 2008, by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
Approved as to Form:
Kenton L. Alm
District Counsel
"EXHIBIT A"
DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CONFLICT OF INTEREST CODE
Designated Positions
9/4/2008
Disclosure Categories
1.
Board Member
1,2,3,4,5,6,7,8
2.
General Manager
1,2,3,4,5,6,7,8
3.
Secretary of the District
1,2,3,4,5,6,7,8
4.
Counsel for the District
1,2,3,4,5,6,7,8
5.
Director of Administration
1,2,3,4,5,6,7,8
6.
Director of Engineering
1,2,3,4,5,6,7,8
7.
Director of Plant Operations
1,2,3,4,5,6,7,8
8.
Director of Collection System Operations
1,2,3,4,5,6,7,8
9.
Controller
1,2,3,4,5,6,7,8
10.
Capital Projects Division Manager
1,2,3,4,5,6,7,8
11.
Environmental Services Division Manager
1,2,3,4,5,6,7,8
12.
Plant Operations Division Manager
1,2,3,4,5,6,7,8
13.
Human Resources Manager
1,2,3,4,5,6,7,8
14.
Communication Services Manager
1,2,3,4,5,6,7,8
15.
Purchasing and Materials Manager
1,2,3,4,5,6,7,8
16.
Consultant*
1,2,3,4,5,6,7,8
17.
Safety and Risk Management Administrator
1,2,3,4,5,6,7,8
18.
Senior Control Systems Engineer
1,2,3,4,5,6,7,8
19.
Process Control Engineer
1,2,3,4,5,6,7,8
20.
Principal Engineer
2,3,4,5,6,7,8
21.
Senior Engineer
2,3,4,5,6,7,8
22.
Information Technology Administrator
1,4,5,6,7,8
23.
Senior Materials Coordinator
4,5,6,7,8
24.
Senior Buyer
4,5,6,7,8
25.
Buyer
4,5,6,7,8
26.
Material Services Supervisor
4,5,6,7,8
27.
Plant Operations Superintendent
4,5,6,7,8
28.
Field Operations Superintendent
4,5,6,7,8
29.
Plant Maintenance Superintendent
4,5,6,7,8
30.
31
Laboratory Superintendent
Pumping Superintendent
4,5,6,7,8
4 C. F 7 8
_Stations
The category of Consultants shall be included on the list of designated
employees and those Consultants who fall within the criteria described below
shall disclose pursuant to the broadest disclosure category in the Code, unless
the General Manager determines that a less broad category is appropriate.
A particular Consultant shall be treated as a "designated position" to the extent
that the Consultant (i) is either delegated specified decision - making authority or
functions as an officer or employee of the District, and /or (ii) the duties of the
Consultant can foreseeably materially affect private economic interests through
the exercise of his or her duties for the District. The General Manager shall
make a determination in writing when a particular Consultant falls within the
above - described criteria requiring the Consultant to be treated as a "designated
position." The General Manager's determination is a public record and shall be
retained for public inspection in the same manner and location as the Conflict of
Interest Code.
Designated employees shall file statements of economic interest with the
Secretary of the District, who shall make the statements available for public
inspection and reproduction. Upon receipt of the statements of the Board
Members, General Manager, Director of Administration, Director of Engineering
and Controller, the Secretary of the District shall make and retain a copy and
forward the original of these statements to the Chief Clerk of the Board of
Supervisors.
Other Officials Who Manage Public Investments
In accordance with Government Code Section 87200, certain District officials are
required to disclose, upon assuming and leaving office, and annually while in office,
their investments, income, and interests in real property by way of Fair Political
Practices Commission (FPPC) Form 700, State of Economic Interests. Those positions
designated to file Form 700 are those "directing the investment of public monies,
formulating or approving investment policies, approving or establishing guidelines for
asset allocations, or approving investment transactions." It has been determined that
the positions listed below manage public investments and will file a Statement of
Economic Interests pursuant to Government Code Section 87200 (Form 700):
1.
Member, Board of Directors
2.
General Manager
3.
Director of Administration
4.
Director of Engineering
5.
Controller
Disclosure Category Index
1 Investments
2 Interests in Real Property
3 Interests in Real Property and Investments Held by Business Entitles or Trusts
4 Income (Other than Gifts and Loans)
5 Income (Loans)
6 Income (Gifts)
7 Business Positions
8. Commission Income, Income and Loans to Business Entities or Trusts, and
Income from Rental Property
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 4.d. Consent Calendar
Type of Action: ADOPT APPROPRIATIONS LIMITS
subject: ADOPT A RESOLUTION ESTABLISHING THE 2008 -2009
APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE
CALIFORNIA CONSTITUTION
Submitted By:
Debbie Ratcliff, Controller
Initiating Dept /Div.:
Administrative /Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
4:�'4 — 44
D. Ratcliff Mylgraves ames M elly.
General Manager
ISSUE: The Central Contra Costa Sanitary District is required to establish its
appropriations limit in accordance with Article XIII B of the California Constitution.
RECOMMENDATION: Adopt a resolution establishing the Sewer Construction Fund
appropriations limit in the amount of $72,428,338 for the 2008 -2009 fiscal year, in
accordance with Article XIII B of the California Constitution; select the change in the
local assessment roll due to local non - residential construction for use in computing the
appropriations limit.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: The appropriations limit could be calculated
using the California per capita personal income percentage change of 4.29 percent as
opposed to the change in the local assessment roll due to local non - residential
construction of 9.6 percent.
BACKGROUND: On August 7, 2008, the Board of Directors authorized posting a
public notice of availability of documentation in support of the District's appropriations
limit. As statutorily required, the public notice was printed at least 15 days prior to the
September 4, 2008, Board Meeting at which the adoption of the appropriations limit is
to be considered.
California's State appropriations limit, originally established by Proposition 4 in 1979,
places an "upper limit" each year on the amount of monies that can be spent from State
tax proceeds received. The annual limit is based on the amount of tax proceeds that
were authorized to be spent in fiscal year 1986 -1987, increased annually by a factor
comprised of the change in population combined with either the change in California
per capita personal income or the percentage change in the local assessment roll from
the preceding year due to local nonresidential construction. The Board must select
between the per capita personal income, or the change in the local assessment roll due
N :\ADMINSUP\ADMIN \POSPAPER\Adopt Appropriations Limits 09- 04- 08.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: September 4, 2008
Subject ADOPT A RESOLUTION ESTABLISHING THE 2008 -2009
APPROPRIATIONS LIMIT IN ACCORDANCE WITH ARTICLE XIII B OF THE
CALIFORNIA CONSTITUTION
to local non - residential construction, by a recorded vote. Last year the Board selected
the change in California per capita personal income, which was the larger of the two
percentages, for the calculation of the 2007 -2008 appropriations limit.
The County Assessor has determined the non - residential construction index for
2008 -2009 to be 9.6 percent. The California per capita personal income percentage
change is 4.29. The percentage change in local assessment roll of 9.6 is being used in
the calculation of 2008 -2009 appropriations limit, to allow for a larger limit on the
District's proceeds of taxes. The Sewer Construction Fund (Capital Fund)
appropriations limit so computed is $72,428,338 for the 2008 -2009 fiscal year.
The District has budgeted $8,636,000 of Ad Valorem Taxes for fiscal year 2008 -2009,
which is net of $3.8 million dedicated for payment of debt service. Interest on these tax
proceeds is estimated to be $84,200. Therefore, total tax proceeds plus interest will be
approximately $8,720,200, which is well within the appropriations limit of $72,428,338
set for the 2008 -2009 fiscal year. The appropriations limit for fiscal year 2008 -2009
was reviewed with the Budget and Finance Committee.
RECOMMENDED BOARD ACTION: Adopt a resolution establishing the Sewer
Construction Fund appropriations limit in the amount of $72,428,338 for the 2008 -2009
fiscal year, in accordance with Article XIII B of the California Constitution; select the
change in the local assessment roll due to local non - residential construction for use in
computing the appropriations limit.
N :\ADMINSUP\ADMIN \POSPAPER\Adopt Appropriations Limits 09- 04- 08.doc Page 2 of 3
RESOLUTION NO.
A RESOLUTION ESTABLISHING THE APPROPRIATIONS
LIMIT FOR FISCAL YEAR 2008 -2009
WHEREAS, the Central Contra Costa Sanitary District is required under Article
XIII B of the State of California Constitution to establish and adopt an Appropriations
Limit for each fiscal year; and
WHEREAS, the District has determined the Appropriations Limit of its Sewer
Construction Fund (Capital Fund) for fiscal year 2008 -2009 to be $72,428,338; and
WHEREAS, the selection of the alternative growth factor between the per capita
personal income or the change in the local assessment roll due to local non - residential
construction must be made by recorded vote;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Central Contra Costa Sanitary District does hereby adopt the Appropriations Limit for
said Fund in the amount of $72,428,338 for the fiscal year ending June 30, 2009, based
upon the selection of the percentage change in the local assessment roll due to local
non - residential construction.
PASSED AND ADOPTED this 4th day of September 2008, by the District Board
of the Central Contra Costa Sanitary District by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Gerald R. Lucey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme
Secretary of the Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm
Counsel for the District
N :\ADMINSUP\ADMIN \POSPAPER\Adopt Appropriations Limits 09- 04- 08.doc Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 4.e. Consent Calendar
Type of Action: APPROVE TRAINING ATTENDANCE
subject: APPROVE ATTENDANCE OF BOARD MEMBER MCGILL AT CSDA
SPECIAL DISTRICTS LEADERSHIP ACADEMY TRAINING ENTITLED "THE
BOARD'S ROLE IN HUMAN RESOURCES"
Submitted By: Initiating Dept. /Div.:
Elaine Boehme Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Elaine R. Boehme mes M. elly,
Secretary of the eneral anager
District
ISSUE: The Board is asked to approve attendance of Board Member McGill at the
California Special Districts Association (CSDA) one -day training session entitled "The
Board's Role in Human Resources." This is the fourth and final module of the CSDA
Special District Leadership Academy certification program.
RECOMMENDATION: Approve attendance of Board Member McGill at the CSDA
Special Districts Association training entitled "The Board's Role in Human Resources ",
to be held in Thousand Oaks, California, on October 24, 2008.
FINANCIAL IMPACTS: The cost of this module of the training program is $225, plus
travel and accommodation.
ALTERNATIVES /CONSIDERATIONS: The Board may deny the approval to attend the
training.
BACKGROUND: Board Member McGill has already completed three of the four
required modules for the CSDA's Special District Leadership Academy. The three
modules already completed are Governance Foundation; Setting Direction and
Community Leadership; and the Board's Role in Finance and Fiscal Accountability.
Completion of the fourth and final module will conclude the certification program.
RECOMMENDED BOARD ACTION: Approve the attendance of Board Member McGill
at the CSDA training entitled "The Board's Role in Human Resources."
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: SEPTEMBER 4, 2008 No.: 4.f. Consent Calendar
Type of Action: SET PUBLIC HEARING
Subject: SET OCTOBER 2, 2008 AT 2:00 PM AS THE DATE AND TIME FOR A
PUBLIC HEARING FOR THE WET WEATHER BYPASS IMPROVEMENT PROJECT
MITIGATED NEGATIVE DECLARATION (DP 7241)
Submitted By: Initiating DeptdDiv.:
Russell B. Leavitt, Engineering Assistant III Engineering/Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
— - �o
R. Leavitt G. Rathunde ecki A. Farrell Jame . Kelly
General Manager
ISSUE: District practice is to hold a public hearing prior to the Board's possible adoption
of a Negative Declaration or Mitigated Negative Declaration.
RECOMMENDATION: Set October 2, 2008 at 2:00 PM as the date and time for a public
hearing on adoption of a Mitigated Negative Declaration (MND) for the proposed Wet
Weather Bypass Improvement Project.
FINANCIAL IMPACTS: Not applicable.
ALTERNATIVES /CONSIDERATIONS: Not applicable.
BACKGROUND: A draft MND has been prepared for the proposed Wet Weather
Bypass Improvement Project. The District proposes to improve its wastewater treatment
plant's wet weather bypass system by constructing a new outlet that will allow, under
appropriate conditions, stored flows to be discharged directly to the Walnut Creek
channel.
The draft MND was released for public review from August 15 to September 15, 2008. A
copy of the MND has been provided to Board members. While not required by law or the
District's procedures, it has been the District's customary practice to hold public hearings
in advance of the adoption of MNDs. Holding a hearing on the proposed MND for this
proposed annexation would be consistent with this practice.
RECOMMENDED BOARD ACTION: Set October 2, 2008 at 2:00 PM as the date and
time for a public hearing on adoption of a Mitigated Negative Declaration (MND) for the
proposed Wet Weather Bypass Improvement Project.
N: \ENVRSEC \Position Papers \Leavitt\2008 \PP Set Public Hearing Wet Weather Bypass Neg Dec DP 7241 9- 4- 08.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 4.g. Consent Calendar
Type of Action: AUTHORIZE CONSTRUCTION CHANGE ORDER
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT CHANGE ORDER WITH LISTER CONSTRUCTION,
INC. FOR THE TREATMENT PLANT SITE IMPROVEMENTS,
DISTRICT PROJECT 7251
Submitted By: Initiating Dept/Div.:
Munawar Husain, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
Husain . T an cki A. Farrell K. Alm, ames M(/Kelly,
District Counsel general Manager
ISSUE: Authorization by the Board of Directors is required for the General Manager to
execute a construction contract change order in an amount greater than $50,000.
RECOMMENDATION: Authorize the General Manager to execute a change order not
to exceed $110,000.
FINANCIAL IMPACTS: No additional funding is required for the project. There are
adequate funds in the project budget for this change order.
ALTERNATIVES /CONSIDERATIONS: Work has been performed in accordance with
the Project Drawings, and the District is contractually obligated to pay the Contractor.
BACKGROUND: The construction contract for the Treatment Plant Site Improvements
Project, DP 7251, was awarded to Lister Construction, Inc. (Lister) on April 3, 2008.
The work generally consists of site drainage modification, concrete flatwork and paving,
roadway modifications, permeable pavement installation, demolition of railroad tracks,
site pavement, pavement repairs, pavement sealing and striping, installation of fences
and gates, installation of handrails, and landscaping work.
Construction work started on May 5, 2008 and is ongoing at the present time. As a part
of the construction work, the Contractor was required to construct drainage
modifications in the Headquarters Office Building (HOB) parking lot. During the
removal and replacement of existing deteriorated storm drain lines and installation of
new storm drain lines, the Contractor encountered numerous unidentified underground
utilities and obstructions. Storm drain realignments and elevation changes became
necessary. Additional manholes, drop inlets and footage have been added and existing
manholes and catch basins have been modified in both the parking lot and on Imhoff
Place. The Board was informed of this situation at the August 7, 2008 Board Meeting.
N: \PESUP \Position Papers \HUSAIN \7251 Construction Contract CO.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: September 4, 2008
subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A CONSTRUCTION
CONTRACT CHANGE ORDER WITH LISTER CONSTRUCTION, INC. FOR THE
TREATMENT PLANT SITE IMPROVEMENTS, DISTRICT PROJECT 7251
In order to prevent significant delays to the project schedule, staff has directed the
Contractor to proceed with the work on a time and materials basis. The work is in
progress at this time, and the final cost will be negotiated and verified. The cost of the
work could be as high as $110,000. The original contract with Lister was for
$1,584,000 and the proposed $110,000 change order represents 6.9 percent of the
original contract amount. This work was unforeseen and its cost was not included in
the original bid. The proposed change order will require a contract time extension.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a
change order not to exceed $110,000 with Lister Construction, Inc. for the Treatment
Plant Site Improvements Project, DP 7251.
N:\PESUP \Position Papers \HUSAIN \7251 Construction Contract CO.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 4.h. Consent Calendar
Type of Action:
subject: FIRST READING OF THE TITLE OF ORDINANCE NO. 253, ENTITLED "AN
ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND 11, AND ADOPTING TITLE
7, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE," WHICH
ADOPTS REVISIONS TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CODE; AND SETTING A PUBLIC HEARING TO RECEIVE PUBLIC INPUT PRIOR
TO THE ADOPTION OF THAT ORDINANCE'
Submitted By: Kenton L. Alm Initiating Dept /Div.: Administration
District Counsel
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
�ILA-
Tim
6VA -
ames M elly,
general Manager
ISSUE: The Board is required to perform a first reading of the title of an ordinance that
adopts a recodification of the ordinances forming the District Code, and thereafter set
the date for a public hearing to receive public input on and consider adoption of such an
ordinance.
RECOMMENDATION: Perform a first reading of the title of proposed Ordinance No.
253, entitled "An Ordinance Modifying Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title
7, of the Central Contra Costa Sanitary District Code," and set a public hearing for
October 2, 2008 at 2:00 p.m. to receive public input on and consider adoption of
Ordinance No. 253.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to
consider adoption of the recodification of the District Code at this time.
BACKGROUND: The District has been in the process of updating numerous provisions
within Titles 1, 2, 5, 6, 9, 10 and 11 of the District Code for several years. Pursuant to
Health and Safety Code section 6491.2, and Government Code sections 50022.1
through 50022.8, the District may adopt a primary code by reference, or recodify
existing ordinances, by following certain procedures.
These procedures include a first reading of the title of the ordinance and a subsequent
public hearing. A copy of the District's Code must be on file with the District Secretary
See Attachment A for list of Title names.
POSITION PAPER
Board Meeting Date: September 4, 2008
subject. FIRST READING OF THE TITLE OF ORDINANCE NO. 253, ENTITLED "AN
ORDINANCE MODIFYING TITLES 1, 2, 5, 6, 9, 10 AND 11, AND ADOPTING TITLE
7, OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT CODE," WHICH
ADOPTS REVISIONS TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT
CODE, AND SETTING A PUBLIC HEARING TO RECEIVE PUBLIC INPUT PRIOR
TO THE ADOPTION OF THAT ORDINANCE
at least 15 days in advance of the public hearing. Notice of the hearing must be
published pursuant to Government Code section 6066, must contain the time and place
of the hearing, and state that copies of the proposed Code are available for inspection
at the office of the District Secretary.
The District Board and the Ad Hoc Code Review Committee have reviewed nearly all
portions of the Code which are proposed for amendment or adoption. Most recently,
the Board provided guidance at the July 17, 2008 Board meeting concerning overflow
protection devices (Section 9.15.010) and permitting of charity car washes (Section
10.12.130). All draft revisions to the Code previously reviewed by the Board, including
updated language regarding overflow protection devices and charity car washes, are
included in the Code revisions provided under separate cover.
In addition, the revisions suggested as a result of the recent EPA audit of the District's
source control program have been drafted as modifications to Title 10 and included in
the draft Code provisions provided. These modifications have not previously been
reviewed but are technical in nature. None - the -less, the Board's input is sought on
these revisions to Title 10 and comments, if any, may be provided to staff or counsel at
the September 18, 2008 Board meeting or prior to the public hearing. No separate
presentation to the Board is being planned with regard to these technical revisions prior
to the public hearing. Changes since July 17, 2008 meeting are highlighted in Code
Section 9.15.010 (waiver of permit fees for installation of an Overflow Protection
Device) and Title 10.
RECOMMENDED BOARD ACTION:
Perform a first reading of the title of proposed Ordinance No. 253, entitled "An
Ordinance Modifying Titles 1, 2, 5, 6, 9, 10 and 11, and Adopting Title 7, of the Central
Contra Costa Sanitary District Code," and set a public hearing for October 2, 2008 at
2:00 p.m. to receive public input on and consider adoption of Ordinance No. 253.
1107285.1
ATTACHMENT A
Title 1
General Provisions
Title 2
Administration
Title 5
Permits and Licenses
Title 6
Fees and Charges
Title 7
Real Property
Title 9
Sewers
Title 10
Source Control (Pretreatment)
Title 11
Recycled Water
Title 7
REAL PROPERTY AND IMPROVEMENTS
................................ ............... ........... . ... . ........ .... . ..... _..
Chapters:
7.01 ProPertv Rights for District Wastewater Facilities
................ ........ ............ .... .... ... . . .......... _ .................. ............. ......
Existing as of ...... [Date of Adoption of this Code
..........
Revision]
7.02 Acceptance of Interests in Real Property
7.03 Quitclaiming or "Vacating" Real Property
7.04 Use of Appurtenant Easements for Public Sanitary
Sewer Facilities
7.08 Lease of District Real Property
7.10 Sale of Surplus Real Property
7.15 Easements and Encroachments
7.20 Right Access District Facilities
ChaDter 7.01
PROPERTY RIGHTS FOR DISTRICT WASTEWATER FACILITIES EXISTING AS
............ . .............. . .. . ....... . .. .. ..................... .................................... ....... . ............ . - ...................................................... . ............................................ . ... . .... . . .
OF [Date of Adoption of this Code Revision]
Sections:
7.01.010 Acknowledgment and Declaration.
7.01.010 Acknowledgment..... �nd Declaration.
... ............. ............. . ................. ... ...............................
A. The District acknowledges�., alici
... ..................... . . ..
r E, C" and accepted property rights
necessary for construction, reconstruction ........... renewal,.
. . .. ... .... . - ........................ . _.- . . ......
alteration, oDeration, maintenace p
....... n........ .,,,...._,qns ection, repair and
replacement of all those District-owned and/or maintained
sanitary sewer or recycled water facilities that are shownon
................................ that
the District's "Collection System Maps" as of <ingert the date
of adoption of this Title>, which are kept on file in the
... .. . .... . ..... . . . . . . . .......... - -- .. . ......... . . . . . ..... . ...... . ............................ . ..................
office of the Secretary of the District in an uncodified
_ ............ . ....................... ................ ................ ................ .............................. .................. -
manner (referred to as "Collection System Maps" in this Code.),
.- ...... ... ..
whether such facilities exist in a -public or private ri_qht-of-
Kqv,__street, road, or -oath, or in _a recorded or unrecorded
- ..............................
easement or reservation,, or in any other location whatsoever.
In making the above acknowledgement, assertion and
declar�tion, the District further declares that the purpose of
I .................. � 1 ................. I .................................................. ................................ ..... ....... I I ....................
thisChapter...._? 01 is to state its Position-and to clarify the
existence of -property rights that have -previously been
accFuired. This declaration and clarification of existin
........................ . ..... .......... =Lg
................... . ........ . ....... ............ ..........
property shall be cons_trued......to__._be anew
..:
acquisition, ._taking or other action subjecting _the _._District t_o
any claim of liability for compensation.
. _. .....
Such existing_ property rights been acquired by
... ._._ -
various means_., . including those .forth below
1. Formal acceptance by resolution of the District
Board of Directors of reserves other .._rights .
offered for dedication to the District ..._for .__construction,
..
reconstruction, renewal, alteration, operation, maintenance,
insp_._ _ e_. c_t_on,_._._repair and /or__.replacementof public sanitary sewer
.... ... -=- .
facilities under the Subdivision Map Act or by _separate
instrument (Grant of Easement, Irrevocable Offer of
Dedication, License, Real Property Agreement, etc.).
......... .... ........ ..... .. .....
2. Acceptance of Other Grants _o_f.
Easements, Dedications or Right of Ways by Conduct. The
District -_also has_ acquired_ and accepted_by its ... .....
right to.... construct , ,reconstruct., renew,_ alt.er,operate,._
maintain, _inspect, repair and replace_ District sanitary sewer
facilities shown on its Collection System Maps in easements,
reservations or r_i.ght.__of _ways ..._for _which it has _a recorded
:...:. :...... .. ..: _...._
grant deed, offer of dedication or reservation shown on a
subdivision_ map or described _in._recorded Covenants, Conditions
.... ..:.
and Restrictions for .sanitarysewer pu-rpos_es within_ such areas
.. ... -.- ....
of the grant,_ dedication or reservation regardless of whether
written records exist to demonstrate formal acceptance by the
...__.. __- -- ......... ......... ......... _
Board of Directors.
3_,________ Acc_ ep_ t _anceof offers of__.. Dedication Under
Subdivision Map Act by Conduct. Where, prior to <insert the
adoption date of this ordinance >, public sanitary sewer
facilities have been constructed by the District i_tself.or by
others and subsequently contributed to the District, and /or
the facilities been_._ operated or maintained by the District in
an easement, _._reservation _ or right of way, which . was
for dedication to the county, to a cites or to the District for
san _tart'._. sewer, street, road,....._.. utility or public use under_ the
Subdivision Map Act, whether such offer was initially or
subsequently rejected_ or accepted by the city,_ the county or
the District, the District hereby declares that it has
..... ..... - .... .... .... .... .....
accepted such offer for District use for construction,..
reconstruction renewal alteration, operation, maintenance,
inspection, repair__and replacement of _ pubblic __sanitary _sewer
—.
facilities through its conduct.
4. Acceptance of Unrecorded Grants or Reservations
- -- - -_ - - - - -- -- -- - - - -- - - - - - - - -- - --
by Conduct. Where, prior to <insert the adoption date of this
ordi nance>..,....__._..pub 1_i_c......_sanitary sewer fac iliti e shay e...._been
constructed by the District itself or by others and
subsec�uentlycontributed to the District1___and/or ___the
facilities have been oDerated or maintained bv the Dis t..rict in . ........ ......... . . . ...... . - .- .........
an easement, reservation or right of wa which is shown on a
-- .......... - ........... . ... y
qrqnt of easement, non- statutory offer of dedication or deed
--- .......... ............. --- ............ .......... -- .............. --- .................. I ................... -- ............. ........................... . .......... I ...... . ........ . ..........................
continuing a reservation in favor of the District (including
. . .. . . . .. . . ............ ................................ ............... ................. ...............
. ....... .. I ......................................................... .............................................
generalized r-e-s ervation) for utilities or public use and the
District has constructed or maintained sewer-s . or sewer
facilities in such easement, reservation or right of way area
...................
. ..... .. ..... . . - - --- = - -- � .. .. . ...... ........... -- .................... ..............
without such g.r.ants or dedication having been formally
accepted by the District and/or recorded, the District hereby
declares that it nonetheless has in f ac t acce-oted such Qrants,
......................... ................ = ---
dedications or reservations for its use for construction,
reconstruction, renewal, alteration_, _operation, maintenance,
--------------- - - - - --
re-pair and replacement of such public sanitary sewer
.... .... ........ ............. --.1--.1-1-1 1 .......... - ................ I ....... ..... I ....................... ......................................... .. .... .. ... .......... ............................. -
facilities through its conduct.
5. Use of Appurtenant Easements. The District
shall have the right-to construct,reconstruct, renew ..... alter,
................................ ............. ................ - .......... ... ..... .. .... . .. ................. --- ................
operate, maintain,, inspect . .. . ............ r epair and replace public sanitary
sewer facilities in appurtenant easements pursuant to an
assignment of such rights to the District through a license or
....... ................... ............. ........................ ................... - --- ................ . ............. .. ............... ...... .. .................................. ... . ............ . . .. . ....... - ............... ............. - --- ............
other recordable document as provided __in Chapter .--7.04 of this
Code.
6. Prescri-tion, Necessity, or other ecfuitable
means. The District shall have also acquired by prescription,
........... ..............
necessity or other equitable means property rights to
easements or right of ways that may not have been formally
.............. ... ... I .............................. ........... ......................... ..................... ........................... .. ... . ......... -- --- -- ........................................ --- I - -11--l-
offered to or accepted by_ the District in the past for all
those sanitary sewer facilities shown on its Collection-System
mansas of <ado-ption date of this title>, but not described in
.................................... ---- -- - - -
Subsections A.1 though A.5 of this ChaDter-above, that it has
operated, maintained, inspected or made use of for a period
five years or more or otherwise in compliance with legal
rqquirements-for prescription or necessity.
...... . ................... ....
7. Condemnation._ Acquisition of easements or
other property interests through condemnation proceedings.
8. ExceDtion to this Acknowledqement and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . ....
--=� —
Declaration of ownership. Notwithstanding sub-DaraQra]Dhs A.1
...... . ................ . .......
through A.7 above, there are specific locations where sewer
facilities may be shown on the District's Collection System
.................... .. ................ ........... ............... -- ........ .... - ................. .......... ... -- .......... I ............................ ..... ...... - ........... . .......... . ........ . ..................
Maps as of the date of adoption of this Title to which these
general declarations and acceptances do not apply. The
specific locations of easements, dedications or right of ways
................................................................ -- ............
. .................
that the District does not acknowledge....or accept ownershi p of
include the followin q-L
a. Areas underlying facilities marked as
"Abandoned Lines" on the Collection System Maps.
. ......... .................
.................................... .. ............
b. Areas underlyincL facilities marked as
"Tentative Sewer Lines" on the Collection System Maps.
................ ........... . .... .......................................... ..................... . ..................... -- . . . . .... .. . .............................. --
Chapter 7.02
ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
7.02.010 Policv.
.
.... .........
7.02.020 Irrevocable offers of dedication, requirement
of acceptance.
7.02.030 A(�"ce;,'fta.'I.Ce 01L C)15'.Ler'�_3 01'. Cle'diclati( rl.
7.02.040 Pre-acceptance liability.
7.02.050 A Grants of easement—acceptance.
.......... I 1 4
_e
7.02.010 Policy__.
............................... . ..........
;1.92.04.9 pe'l. 4 ..ey ith the exce-otion of those real -oroDertv
........ ...... ............................. __ ................. ......... . ................. .. . . ... ..
. . . . . .... ................. . .......... ---
interests acquired and accepted as acknowledged, asserted and
.........................
declared in Chapter 7.01, it is the -policy of the District to
accept real property o
interests such as easements and rights f
- = ..........
.... .... ............ .... ............. .... .......
way for sewer -related_ .purposes_ _primarily through the
acceptance of irrevocable offers of dedication either under
the provisions of the Subdivision Map Act
....... ............. or b . senarate
. .... .....
..........
instrument as provided in this Chapter 7.02, or b ent
........ ...... ..
of appurtenant -rights under the as provided in the provisions
of Chapter 7.04 of this Code. Dedication of private property
- - ................................. ........... .................
for public use requires an offer of dedication by the owner
and an acceptance of the offer by a public agency. lt iS thE�
pe I � 4 1 et -. it-,ei -s- deh as easefTtentfT
te aee _3t ±.y =est_ s
9 e w e i_ i_ e, _, , ,__
a.eeept-aneT--rAll acceptances after [date of adoption of this
Code.__.__Revi_si_onl shall occur only in the manner set forth in
this ehapt enr-Chapter and set forth by state law.
C.
Areas
underlvinq
facilities marked as "Pro-Dosed
Future
Lines"
on the
Collection
System Maps.
d.
Areas
underlvinQ facilities marked as "Private
Lines"
Lines"
..............
...................
on the
... .......
.......... - ............. ... . ........ ... .. . ......
Collection Svstem
.. . ................. ............. ........................ .................... ............. ...
Maps,_
....... .. . .
.................
e.
Areas
underlying
i I iti e s .......... ma rked by t ext .......... o r.
labels
on the
Collection System
Maps as being owned by other
Publ��ncies
ic
................... ........
ag
Chapter 7.02
ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
7.02.010 Policv.
.
.... .........
7.02.020 Irrevocable offers of dedication, requirement
of acceptance.
7.02.030 A(�"ce;,'fta.'I.Ce 01L C)15'.Ler'�_3 01'. Cle'diclati( rl.
7.02.040 Pre-acceptance liability.
7.02.050 A Grants of easement—acceptance.
.......... I 1 4
_e
7.02.010 Policy__.
............................... . ..........
;1.92.04.9 pe'l. 4 ..ey ith the exce-otion of those real -oroDertv
........ ...... ............................. __ ................. ......... . ................. .. . . ... ..
. . . . . .... ................. . .......... ---
interests acquired and accepted as acknowledged, asserted and
.........................
declared in Chapter 7.01, it is the -policy of the District to
accept real property o
interests such as easements and rights f
- = ..........
.... .... ............ .... ............. .... .......
way for sewer -related_ .purposes_ _primarily through the
acceptance of irrevocable offers of dedication either under
the provisions of the Subdivision Map Act
....... ............. or b . senarate
. .... .....
..........
instrument as provided in this Chapter 7.02, or b ent
........ ...... ..
of appurtenant -rights under the as provided in the provisions
of Chapter 7.04 of this Code. Dedication of private property
- - ................................. ........... .................
for public use requires an offer of dedication by the owner
and an acceptance of the offer by a public agency. lt iS thE�
pe I � 4 1 et -. it-,ei -s- deh as easefTtentfT
te aee _3t ±.y =est_ s
9 e w e i_ i_ e, _, , ,__
a.eeept-aneT--rAll acceptances after [date of adoption of this
Code.__.__Revi_si_onl shall occur only in the manner set forth in
this ehapt enr-Chapter and set forth by state law.
;z :� X7_.__0.2.._0.2.0_ Irrevocable offers of dedication,
-.._---..._._.._........----__.._.._...._ ......................_... .._:..............:_......__.:.
requirement of acceptance.
A. when a subdivision map for an area partially or
completely within the District's boundaries, or for an area
which is intended to be annexed to the District pursuant to
the development of that subdivision, is submitted to any local
public agency for approval pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), the offer
of dedication of af±a street, road, trail, path, easement or
other interests in real property explicitly orimplicitly for
sewer purposes on the map shall be deemed to be an irrevocable
offer of dedication epera-ti -in favor of the District. The
rejection of non -sewer rights by any other local public agency
shall not affect the irrevocable offer as ... ..t -
a-Hd poterltially available to the District for use for sanitary
sewer facilities or the District's right to later accept
............... . . . . . . . . . . . - .. . . .. - . ........................................... ..............................
. . . _ . . . . . . . .
I-exsuch offers of dedication for sanitary sewer purposes.
G e6e See ` ei3 i 6 4� ( _ pa .ty_.._.s ,r = p _ r e?
B. Prior to the District completing its final review of
............._......................................................................_....................._............... ............ _....._.-.....................-.-......................_................................ ...................._........_. _-___-.:-_-....._ --- ._........-.-.-.--......—...-.-.._ ................
......._..........._-
plans, _and _ ssuance_,___o_f a__permi_t_ f_or ,constr_uction of apropos.ed
... .... .........:..:__..:.
extension of ._a District main sewer, the party seeking such
permit issuance shall submit documentation conclusively
- -- - -- - -- -- - - -
demonstrating that rights of _way adequate for construction,
reconstruction, renewal, alteration, operation, maintenance,
-
inspection, repair and replacement of the proposed main sewer
extension, _have ._been ._acquired ....in favor of and in aform
acceptable to the District by.... one ..._or more of the following
instruments: 1) evidence of submittal for approval to the
county or city with -jurisdiction pursuant to the Subdivision
Map.__ Act, favorable _review by the District, of . a
subdivision map that includes offers of dedication of streets,
roads trails, paths,_ easements or other interests real
property explicitly, ._or implicitly. in the _case of public road
dedications, for sanitary sewer purposes over the entire
alignment of the proposed main sewer extension, or portions 11 ...... .._... .._. _
,thereof; submittal properly executed irrevocable
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . _ . .
ei�,
B4 jet-
_ y
_.
and E
iinlless and
".. .
:f-f f Ee _.....retie -r ..e.
Be_.
�
,99G) offers of dedication for easements over the entire
.....
alignment of.... the - _pro-posed ...main sewer extension. or _.portions.
thereof, on f.orms... acceptable to the District; 3_) submittal of
documents on forms acceptable to the District and suitable for
_.. ... ... _ :.. - ...
recording, properly executed by _the dominant tenement owner_(s_)
..... ...
of appurtenant easements over the entire alignment of the
proposed main sewer extension or portions thereof, reflecting
assignment to the District _ of . _the __appurtenant rights regarding
_ ....
sanitary.... sewers _pursuant to the provisions of Chapter 7_.04 of
this Code; and /or 4) quitclaims grants of easement or other
similar docu .................
_ C General_ or._..._spec_ific_- case_ authority to rec_eive and
record-irrevocable offers of dedication may be–delegated to
-_ - - - - -- — -- - --- - - - - --
the General Manager by resolution of the Board. However,
..._.. .... -
receipt ._and recording.. of an .irrevocable offer of dedication
shall not constitute_ District acceptance of the offer of
dedication. offers of ded . be ............. -_ _.. ._..__ __._..
provided_. in Subsection 7 _02 0.20 Dbelow._
D. With the exception of those real property interests
- - -- - - - -- -- - --
acknowledged, asserted and declared in Chapter 7.01, an
_ -.. - .... ._.. .. _ ......
irrevocable offer _ ofdedication of an.easement....or other
...
interests In real property for sewer purposes, including all
Subdivision__Map Act offers of____dedicat_ion, shall be _ acceptedby 1.
7.02. 030
Je'.r .........
�3i
`t- 4----± h r.. >�::,..__;j
bs�.�......_�:...: .........
�-E3 en °ez -r
< ,
Acceptance of offers of dedication -for limited
purpose ef
_....____... __.......___ ........__............_......__ ...................... ........-- ..--- ...-- ..-- .. -....
The District may accept any offer of dedication of an
ease property rihts for use for _sanitarv_sewer facility
........ .... ................
purposes in its entirety or only in part. At the discretion
of the Board, the District may limit e -- acceptance of any
easefften1cdedication solely to exclusive or non-exclusive
subsurface rights for piii==pe1sesthe.__..__purpo_s_e of laying sewer
facilities and to exclusive or non - exclusive surface access
rights to si-eh faei = tiesfor construction, maintenance and
repair of such facilities. Any acceptance _by the D_istr_ict_of.
_.. _ .........
dedicated property rights_ may be limited to certain_ locations
within a larger dedication. In no event shall such a limited
acceptance constitute an acceptance of non- sewer-
r- ep- a- accepted property rights such as rights ....._for ......a.._public
street, or a_public right of way, or subject the District to
resp_ons_ib_il_it for maintenance orliability arising from liefi
'a- facilities or land__whichwere not .spe_c_i_f_i_c_ally
accepted or are not related to sanitary sewer facilities.
. -t fir 7._02 . 04.0_ Pre- acceptance liability.
Under no circumstances shall the mere approval by another
local agency of a subdivision map by any le al pidblie affeney
with sewer facil_ity___dedications constitute acceptance by the
District of such a dedication. Likewise, by itself, a mere
offer of dedication that is made after <insert the date of
ad0,ton__of this __. ordinance >.....__ and......._ i_.. s... ......._..s..._ep_ar_a_t_e_.._f r_om__.._the......_r_ea_l.
property interests acknowledged, asserted and declared in
Chaper_ ... 7._._01_Lshall not constitute an acceptance
........................... ........................................................ :.:.............:.:.....:.:.... _......_
ef q y the District, or im-pose liability on the
............ .......................... . ..........................
District or render any land to....be, . .... "public property" owne d by
... ..... ......
,t..h.e P-i s-t. r i c-t- under the Tort Claims Act, Section 810 et seq. of
- - .... .... ....
the Government Code.
7.02.050 G�r,-�anL-s c�asemerit
------- ----
No t W,]'.. t, �!s t r iq I" L S r 0 J t i ire s
L"his, Chapter, Dist�rict: r e,, e r v, s L.o J,Lsel..f. Lfie oowe.--r to
..... ...... .. ........ . .. ..........
C 0 -)ses iia Ls
'1.11re gr,-'alLs ea-,errtent-s ifor se-,iier
t(--) (` o so. Tl:i.c'
..... .. . ... ..
qr(:)-aLs oi- s.1 3.a.,.11 riot:. be D-Jst:rict
............. ...... ...... .. ....... ..
p (I I-)v either: 1) adoption and recording of a
e
resolution of the Board; or 2) by execution and recording of a
..................... ...
. ....................................... ................... .......................
"Certification of Acceptance" by the General Manager pursuant
to a resolution of Board delegating general or specific case
authori_t,y_to accept offers of _dedication. 198 E
_§ 3L .. xh.
............. .............................. ...... .. .... .......... . ........................
C(part)), 1996: Ord. 17.3 (part.), 1990)
.....................
Chapter 7.03
ITCLAIMING OR "VACATING" EASEMENTS, RIGHT-OF-WAYS AND
LICENSES FOR SEWER AND RELATED USES
Sections:
7.03.010 Gene±�a-1 Peli.eyScope of Quitclaim Chapter. ... . ......... -- .. ........ .................. . . . . .......... . .........................
7.03.020 -e -.... -�4-4- Procedures - to Quitclaim or
Vacate Real Property Interests.
CAA (l
7.03 .010
era S
ei� t=hei�wise fei� SE?WE.z.�r- E*f±C4 BeWF�:IF rrel:&�-ec4 uses
..".en s�ieli ii-ses ar-e idy-ineeeessa.E,y fer- pr-eseii.�. er pi�espeet-i-�e
Ei be ().2�4—Scope-.-
.............................
of Quitclaim Chapter.
The procedures set forth in this Chapter shall be
applicable to the quitclaiming or exchange of easements,
right-of-ways and licenses owned by the District and
determined to be surplus and no longer necessary for public
purposes : --Pa t <- ._.._.8.3..{ --c . ..... . ....
pursuant to the provisions 'A 4
of Section 8300 et seq. of the
Government Code.
-G-_7 . 03..._02.0 Procedures to
" _Quitclaim Q.r.......Vacate Real
.............
Property Interests.
..........................
If the General Manager f4nds an easeffl.ent,
ermines that cert rtv ricrhts held.by.the
............... . ..........................
District, such ---- a-s --- easements- -- , rights-of-way or -11eenselicenses
for sewer or sewer-related 4-,pu.rposes,,,,a.r,e unnecessary for
...............
present or prospective pii-1-1-i'le , igesDistrict use or that
conveyance or exchange of such property rights would be of
public benefit, he or she shall prepare fin(4!_ii.qsa position
paper, determination or a report to that effect..-AiFI-Y
eenveyanee ef said easefften�-_, ±4(j'h11-_ e.1 way ei�-- lieense
11()fiE� illy f-
_I,d
e fj -ae anc
r
e 4 1 1 - I -
I-en �-_ a 1 al�±d an - - - E 1 11 C4
..... ..... S..q..q..hp osition paper,
determination or --- re-part-shall be presented to-the Board for
its consideration. The Board may in its sole discretion convey
........................................ ........................... I .................... ............................ .......... . .. .... ........................ . ..... ...... .... -
such real property_ rights by authorizinq execution of grant
. . . . . .. .... . . . . . . . ...... ............. . . .
deeds, quitclaims or contracts by Resolution. The transfers
of -property rights addressed in this Chapter be
............ ... . ................................ . . .................. .................
stibject to tl�;e
CAf tl-le D.A'-).LJ..c Stireetis, anCi E_�sem,'--'',i'it..s
... .. . .... .
Chapter 7.04
USE......._ O.F.APPURTENANT EASEMENTS FOR
DISTRICT SANITARY SEWER FACILITIES
Sections:
7.04.010 General policy.
7.04.020 -Fy�3peDistrict rights to facilities in
appurtenant easements.
7.04.030 P -' e e e 6 u-±-' recordation.
....... . ...
7.04.010 General Policy .... andFindings
jurisdiction may .best _._be served by... the .construction ._.and
installation .of public s ewers- ._.__and __.._sewage facilities in
appurtenant easements,
that provide for or make reservations__ for access, sewer
.
taci_lities or other utilities to benefit certain properties.._
B. Accordingly, the Board hereby declares that the
District may construct, reconstruct, renew. alter, operate
__ :- � - - - ::: - l.... - ....l.._
maintain,.. ins.pect._, repair..._.. and __ rep_ lace .._District _.._sanitary _... sewer
facilities in any appurtenant easements that provide for or
make res_ervations for sanitary_ sewers,., utilities or other
..... -- ..: _...
type_s.of...._similar utility infrastructure Such rights to
- --
construct, reconstruct, renew, alter, operate, maintain,
inspect, repair and replace District sanitary sewer facilities
....... - _.....
in appurtenant easements may_ arise.... from grants,..... common law
dedication, dedications under the Subdivision Map_Act,
contract, deed, assignment, gift, purchase and other
procedures authorized by state law.
7. 04.020_...... District Rights _...._._toDistrict Facilities in
_.. .........
Appurtenant Easements.
Any constructionl___reconstruction, renewal alteration,
-- -- - -- -
operation, maintenance,
p-t i -erepair__ and.._.._replacement of District sanitary sewer
facilities -a -�- within appurtenant easements may be performed
se1e3 -y -for the benefit of and pursuant to the rights held by
t -one or more dominant t.enement Owner _.(_s..)__. of
the appurtenant easement.
Ea......ft3�itn czsri- cam- erc3f i 1 3 t'-- cr -rr3 ._.....:x zi rr
s _ _ ti A request for service by
- -- - - -- ------ - - - - --
even_ a single dominant tenement owner.,__- may..jus_tify.._ use _of _the
..
appurtenant _easement,-with or without .._consent _of other
dominant or servient tenement owners. Once sewers or other
sewer facili_t.ies are___cons_truc_ted within an_appurtenan_t
.....
easement and accepted by the Di str.ct,- .theDistrict' s rights
to enter th-e --appurtenant easement for purposes of
-- -------- - - - - -- - - -- --
construction, reconstruction, renewal, alteration operation,
- ........ ....... _ _.. .... ...... - ...........
maintenance, ..._repair and replacement shall be binding upon the
dominant and servient tenement owner(s) ' assigns, successors
and devisees, absent an abandonment of the District_ facilities
... - -. ::.._ ...... _ __... .... .... .... _ _ ..... ........
within the easement by the Board and a_..formal relinquishment .
of the District's rights thereto.
7.04.030x- e,c -�u��. Op_t_ional Recordation.
r _
faej. ... , the .. .. �..
b.a 1.1 , `.. ti. .. ..
-r-°' ° I fic- °C'c1 C7 �e e %r°ea�- _ ®C. he i , ....epeEL�'�er- safe 1
--e air c -I m'e i4=
In order to facilitate the provision of notice--to-future
successors or assigns, the District may recquest. that the
.. ......... ......... ....._.. ......... ._._..... .._. - :...
dominant.__. ten_ement.. owner (s._).. proyi.de_ the District with ......_a
recordable document reflecting the dominant tenement owner(s),
as_s_i_gnment_ of ri_ghts.._._to .construc_t_, reconst_ruct, renew, .._alter..,....
.....
operate,__ maintain, inspect, , repair_ and replace District
sanitary sewe - ---
r facilities within the appurtenant easement
----------------- - -- - - -- - —
through a license or other recordable document.
Chapter 7.08
LEASE OF DISTRICT REAL PROPERTY
Sections:
7.08.010 Purpose.
7.08.020 Term.
7.08.030 Notice and Public Hearing Requirement.
7.08.040 Required Findings and Competitive Award for
Leases of 10 Years or More.
7.08.050 Required Findings and Authorization of Leases
of Less Than 10 Years.
7.08.010 Purpose.
A. The District may lease dist---:Fie�--District property, so
long as it is not needed for District purposes. Such leases
may be used to provide revenues to the District for the
operation and maintenance of sanitary sewer systems— a-id, _ waste
water treatment and disposal _facilities, recycled water
distribution ..__._ and ......_hazardous ......._ waste .._...._collection facilities, and to
finance the acquisition, construction, and improvement of such
facilities. All leases shall comply with the requirements of
this Chapter and those set forth in Health & Safety Code
Section 6514.1.
7.08.020 Term.
No lease of District property shall exceed 99 years in
length. Leases shall be subject to periodic review by the
District.
7.08.030 Notice and public hearing requirement.
Prior to entering into any lease, the District shall
publish notice of the time and place of the Board meeting, in
compliance with the Government Code Section 6066, at which the
lease proposal shall be considered. All persons present shall
be given an opportunity to be heard and to comment on the
lease proposal.
7.08.040 Required findings and competitive award for leases
of 10 years or more.
A. For leases of more than - 1 -4ten years in length, the
Board shall authorize the lease by ordinance. The Board shall
set forth findings demonstrating that the District will not
need the subject property
ey the
and that the proposed lease is in the best interests of the
District and its ratepayers. All authorizing ordinances
ffiayshall be kept on file in codified or uncodified form in the
office of the Secretary of the District.
B. In addition, all leases of more than 10 years in
length shall be awarded by competitive award to the bidder,
which, in the determination of the Board, offers the greatest
economic return to the District. The bidding shall be
conducted in the manner determined by the Board. At the
District's discretion, notices inviting bids may be published
pursuant to Government Code Section 6066 in one or more
newspapers of general circulation within the District.
7.08.050 Required findings and authorization of leases of
less than 10 years.
If the Board makes a finding at a noticed public hearing
that the �.,,� ._ _ .......
��p_r o.p o_s_e_d......_ leasehold _...._u s_ e ......._o_f..._._._a........p_a r_t l_c u l a r........parcel
of _District property will be with District
uses, that i-�-,entering into the proposed lease will be of
public benefit, and that the term of the p_ropos_e_d......lease is
equal to or less than 10 years, the ordinance and competitive
away:dbiddina procedures of Section 7.08.040 shall be optional.
Chapter 7.10
SALE OF SURPLUS REAL PROPERTY
Sections:
7.10.010 Scope.
7.10.020 Determination of Surplus Land.
7.10.0 3 0 N�41 -e-E --- tf-4�-�• _i e-A c e r- 1C�- £�
.____.__....__....___._ .............._.... .._.._..._____..________._...__ _.._._......_...._ ._...__........______._._.___
Manner of Disposal.
7.10.040 District Personnel Prohibited.
- ::.
7 . 10 . 050
Proceeds.
7.10.010 Scope.
The procedures set forth in this eti pt---" rChapter 7.10
...................................................... ...............................
shall be applicable to the disposal of real property owned by
the District and determined to be surplus and no longer
necessary for public purposes.
the stat�--ttes the
apply -...._.._ The set forth with regard to
termination, rejection or abandonment of offers of dedication
pursuant to Section 66477.2 of the Government Code and Section
..... _..
8300 the Streets and Highway Code ._typicall_y_ do not apply. to
_._. .............
.._........
...................
disposal of District property
7.10.020 Determination of surplus land.
A. The General Manager shall determine whether a
particular parcel of District real property constitutes
"surplus land" for purposes of Section 54221 of the Government
Code. If the General Manager finds that such real property is
not required for any other public use, he or she shall so
report to the Board and the Board may declare -i�the....P_rope_r_ty
surplus and direct District staff to dispose of it.
B. Prior to disposal of surplus real property by public
sale, the General Manager shall provide written notice to
public agencies in the manner prescribed by Section 54220 et
seq. of the Government Code.
7.10.030
_, the _..
--
With vespeet
._.._..be----- g,'4ve eve1c�����
land
disabled persens eE heesehelds, and other %wer Wee
heus-e Eis=
2. A written effer te sell er lease fer park an
�.. a.. }..__.......... � �- i c r e rr...p° mangy. ... r A. wy-.-itten effer te sell en lease land suitable few
KEY within whieh the land may be
juris"I-1- - Within the area in. wliieh the ]..and is sQua
en spaee oope- .=rte env l
4. A written Mew te sell eE lease few enterprise mene,
c r c3c r �cirr�.i - -E E3 E3 e G � -A hat ze
1� A written effeE We sell eE lease fen the poop
dnk
en w0hin an area eeveEed by a transit village plan a4e,O-e�-
pursuant te Elie Transi& Village 9evele ment, Planning Aet
1.9
Title
be sent te any eeanty, eity, My and eounty. eemmunity
a 0 e4
6--. the
lease the son !as land few any ef the purpeses antherIEM by
its intent we purehase en lease the land within 60 days aloe
l-aM 4 Ai , G4G- Manner of disposal.
e r t=om Leh -hr an - -tee �a t -mgr :- a rim- ease ---
.- .... _ -4 ----- General
Manager shall dispose of the property pursuant to competitive
bid, direct negotiation or in some other manner that offers
the greatest economic return to the District and such disposal
shall be subject to Board approval before final agreement of
the sale.
7.10.-Q-5-47.10.040 District personnel prohibited.
No District official, officer or employee shall bid or be
financially interested in any bid for surplus real property
sold in accordance with the procedures set forth in this
Eaha-pt-e�Chapter .
a- . 10 . 050 Sale proceeds.
The amount received for any property sold pursuant to
this e i- — Chapt-e-r shall be credited to the appropriate fund
as determined by the General Manager.
Chapter 7.15
EASEMENTS AND EASEMENT ENCROACHMENTS
Sections:
7.15.010 Definitions.
7.15.0 2 0 tF- E e -i
District Policies
Concerning Future Acquisition of Easements and
Property Rights.
7.107.15.030 Creation of District Easements.
V.1 -5 95,197.15.040 Minimum Standards for Easements.
15. 050 Unlawful Acts.
?- i-.' ,7.15.060 Authorized and Unauthorized
Encroachments.
7.15.070 Real Property Agreements.
------------------------ - - - - -- - - -- -- - - - - --
7.15.080 Real Property Agreement Terms and Conditions.
-...
7.15.090 - _ �.. Other
............................ ..._........_...._........_.... -------...._......................_............._._ ......._..._._..._.......... - -. _ .__.._..- _..._......_...._
Regulations.
=� 1.55. 117.15.100 Grandfathering.
'7.1 . 7.15.110 Removal and Restoration of
................ _..___....__.._.__.........._.__._.._.........._........................... -
-
Improvements that are Disturbed
Activities.
x-5.1397.15.120 District Remedies.
7.15.010 Definitions.
District
For the purposes of this drdi Chap _ter......_7..._...._1._5.._,_ the
following terms have the meanings specified below.
A. "Easement" means a property right, however created,
by which the owner of the right is entitled to make
specified uses of the real property of another person;
the term "easement" includes "reserve," "sewer reserve," or
"utility reserve ".
B. "Encroachment" means an activity or condition
that results in significant interference with the District's
enj _o.yment......._of......_i_ts easement rights. As used in this
Chapter, there are two classes of encroachments:
1. Class One encroachments. These are encroachments
that are _.... may result in significant interference with
District's use of easements unless adequate safeguards and /or
mitigation measures are taken. Examples of Class One
encroachments ordinarily include: fences, gates, driveways,
paved parking areas, modest landscaping, and minor cuts-,- and
fills.
2. Class Two encroachments. These are encroachments
that are likely to result in significant interference with
District e.,se.ri ,., s use of easement for the present or futureL
and where simple __safe_guards and /or__ mitigation measures will not
.... ........
remove or ade.quate-ly amel_iora_te _the ......... int-erferenc-e. with
-
construction, reconstruction, renewal, alteration operation
maintenance _.,r_ ep _arand..___._r_ep_lacement of or access to District
- ......... ...... .... .....
sanitary sewer facl_l_ities within-.. theeas_ement. Examples of
Class Two encroachments ordinarily include: permanent
structures such as buildings (including garages or
outbuildings), swimming pools, permanent decks, reinforced
concrete surfaces, substantial landscaping structures, and
retaining walls. Class Two encroachments also include temporary
structures that are not readily removable from the easement, are
likely to cause root intrusion, or are prone to interfere with
e^,er, a.ti .ti operation of District , .st- .e,r.,-° �,Y . facilities, such as:
trees, large bushes, overgrown vegetation, large accumulations
of stored materials, and other activities and conditions
hich may prevent
reasonable access for construction, _reconstruction., renewal,_
:..._::. .........
alteration, operation, maintenance, repair and replacement of
District sanitary sewer facilities within the easement.
C. ''Property owner'' means the fee owner pr long
leaseholder ...... -of the servient tenement to the District's
easement.
D. ''Significant interference'' means, with respect to
encroachments on District easements, an activity or
condition that has the potential to damage or to inhibit
access to District was!ewat e facilities, that may or will
result in excessive cost to the District to use the easement
for its intended purposes, or that may or will result in
blockage or damage to District wastewat facilities- :__n -.
"Wastewater faeilities" means pipelines, puff�p
er any ether strueberes, equipment, and maehineEy, ineluding
appuEtenanees wed he eelleet, eenvey,
rPa _- �r.... ete ems —str- rat -er
faeViAes are these wastewater-faellitlea that are maintained
i� ek e p 4 v a t e...
G-rals serve mere than ene
7.15.020 District ReelaraMenpolich es concerning
e�future acquisition of easements and property
rights . -- - --
The_fol_lowing Di_s_trigt po_lici_es _apply.__. to easements_
acquired by the District after Onsert the date of this
Ordinance > -
A F to
neeessity, ey ether equitable en legal means wKether er net
_
_- sale rd ec -i t r rer i s -- e .. -e.. r� e n e e -e -f
sueh t- r
B. Subjeet he its right he -ahanden en relinquish,
-..-z, e � - f - a er �.EA4_ 4 s- that are a� -�
t.. -��rk y -,
and that are new reqnired r future Gistriet neeis, the
Bistriet ela.ims that as f _ ,-
4-t____- ._...r
wash faelliKes that are leeaved in eE on private
,.
public lands to which the District has largely unrestricted
access or in public streets, roads, highways, or other public
rights -of -way in which, by law, the District is entitled to
construct, install, operate, and maintain its facilities.
B. District acilities 3 may be
...........
installed in easements over private property ids- when
installation in a location described in Section
,1.5...._0 .. is not possible, would be impracticable,
technically less suitable,_difficult to maintain or would be
unduly burdensome on._._Di_s_tric_t .
C. The District's easement rights shall be sufficient
to enable the District to construct reconstruct renew,
alter, operate -a�L maintain, inspect, repair and replace its
_....... ......... _._._..._.. .........
facilities ....._as__may_._be_ needed without excessive cost or other
undue difficulty.
r- :- tx�7.15.030 Creation of District easements.
A. District easements may be created in any manner
allowed by law.
B. Notwithstanding ti S...ubs_e_c.ton A above,
- :. .........
+ :;property rights to be conveyed to the District
should ordinarily be created by express grant, reservation, or
irrevocable dedication set forth in a written instrument
el--isuit_abl_e for recordation in official records of the
County of Contra Costa. The form and content of the
instrument shall be acceptable to the District, but shall not
be effective until the instrument has been duly delivered to
approved by, and accepted by the District
beefi provided i n Chap t er7_ 02 of t h is _ Code.
C. Prior to < insert the date of this Ordinance>
easement were _acaui_red and _accep_ted as ac_knowledged,
asserted In ._Chapter 7.01 of this C_ode....._
:7.15.GSG7.15.040 Minimum standards for easements.
A. Unless expressly waived by the District for good
cause, an easement conveyed to the District after <insert the
date of this Ordinance, and all easements n-,.._,,, existing
a_s- of......._s_ai_d.....__date, to the extent this language is not in
conflict with written terms in the existing easement
documents, shall be subject to the following minimum
standards:
1. For the purpose of exercising its principal
easement rights, the District shall also be afforded the
right of ingress and egress to, from, along, on, in, above,
and below the surface of the land encompassed by the easement
over the remaining p_r__operty of the servient__tenement .
2. The easement shall be subject to the
provisions of this 4r- �e-eCode and to other rules and
regulations promulgated by the District.
B. Easements may either be for the exclusive or
nonexcl_us-ve....._benefit of the District - -ems - -- peeve. If the
easement is nonexclusive, other users of the territory
encompassed by the easement shall be prohibited from
unlawfully...interfering with the District'_' _.s easement rights.
C. In the case of easements for pipelines where there
is no wl. f_orthin.___documentation, the easement shall
-h= :hyeti 1F� -be
considered to be a minimum of ten feet in width centered on
the pipeline. A reasonable right of s - .... ........ ..........
maintenance and repair shall -also _be presumed.
';'..15.9697.15.050 Unlawful acts.
It is unlawful for any person to:
A. Cause or permit an unauthorized encroachment on a
District easement where such person has actual, legal or
constructive notice of the easement or sanitary
....... . ..
__. _
sewer facilities therein;
B flcer -, ,., t e , fa.i Fail to abate or otherwise
remove or discontinue any action or condition that results
in an unauthorized encroachment ......_ af_ te_ r______ receiving _._._written _.._notice
of the existence of the easement;
C. Abandon any items of property, including motor
vehicles, on or within a District easement;
D. Deposit any debris, garbage, trash, toxic substance,
liquid or solid waste, or other form of refuse on or within a
District easement;
E. Cause, permit, or maintain any activity or condition
off or outside the __.. a District easement that
causes, whether directly or indirectly_,_ a significant
....._ .. -:.
interference with the District's easement rights,, -L or
F. Cause or permit any activity or condition on or
within a District easement that constitutes a public or
private nuisance.
- 77.15.060 Authorized and unauthorized encroachments.
A. A property owner may make use of the land over
which the District has an easement, if those uses do not
result in significant interference with the easement. For
example, lawns, flowerbeds, loose paving stones, and
similar landscaping features would not ordinarily cause
significant interference with a District easement used for
subsurface E:rsani tar y sewer facilities.
B. Except as provided in Section 4-.415-. ,�L- 15.070
Class One and Class Two encroachments are not authorized and
shall not be maintained or permitted on District easements.
C. The owner of the property over which the District
has an easement and any other person who has caused or
permitted an unauthorized encroachment to exist is obligated
to promptly remove and eliminate the encroachment.
"ei,117 pel�l 4---..
................... ....................... .......... .................................................... ...... .. ... ...........
7.15.070 Real Property Agreements.
A. The owner of a property over which the District has
an easement who wishes to maintain a Class One encroachment
or to obtain Grand father- relief for a Class Two encroachment,
shall apply for and obtain a DistzE-iet- e F tug Pe±-" Real
Pr.op.erty Agr.eement.
..... ..... ..... ..... ..... ..... ...... ..... ...
B. The District shall establish, and the applicant
shall comply with such procedures as are required to process
and act on the application, including
feeg, ef submission
of 4 -1:-4
.1-fed information needed to evaluate the application.
C. An Ei-ier-eaeliffient- Pei_ fflit Real ProT)ertv.
Agreement may be issued if:
1. The applicant has fully complied with all
District requirements and procedures pertaining to issuance
of the -E-tie±ea-c_.fft ei�. Per-�-4-Real ProDertv Aqreement;
............ . ............. .....
2. The applicant has accepted and agreed to all
terms and conditions ielq. the is
p-repese4 be G-944-as......set forth in
Section 7.15.080,
3. Witz.h i_=e-spee-. I.e Glass ("'Ine enei--eaehfftent-s, lz4ieThe
District finds that
shall-the Real Property Agreement conditions will ensure that
the Class One encroachments a-s.......- authorized -4-:)-y—,,t��,I.i, :. F.iie.rrea.elq.fflefi,�
will not result in significant interference with
the District's easement; and
4. GN
v v � h ±7
e}-i-e-f-ea7el:iffien 1s, The District finds that as eenEll. .1 -the
Real Property Agreement for a Class Two Encroachment PE-rrffiit-
FA+a4-4-will, to the greatest extent reasonably possible,
preserve the District's easement rights while at the same
time, in the interest of fairness and substantial justice,
make appropriate allowances for justifiable concerns of rhea
property owner e e
F�IeY`E)aehifief.it --.±t-,7.15.080 Real property agreements
terms and conditions.
The Shall nE4: iss�ie .aFj 1711 ie±FE)aE,2hFRHf1t
6�e.fiEl±'t-±ened. at,
The shall _execu_te and deliver to the. Dis_tric_t____a 1.
Real.._. Property Agreement in ....a form acceptable to. the _District_ and
suitable for recording with the Contra Costa County Recorder
that_ - includes..., at. minimum, the. following condit_ions_:
A.
-, _
iceqi-±±i�.zeel by the
_ . _- on pablie
—e .eetelaffl.ent Per
ee-e e _...... e
e� HieiFship - et ftA provision that the Real Property Agreement
shall be binding upon heirs successors and assigns with regard
.....
to ownership interest in the real propertyrt
-t- burdened the District -'s easement;
pr E� s i -E3-ne - f._......
C. An acknowledgement of the prohibitions and limitations
set forth in this Chapter;
D. With respect to Class One encroachments, the
--ened se --restrictions--in
- — -- --
use or modifications to the property required to mitigate the
effects of the encroachment and safeguard the District's
easement rights sr--- f €ee
f eEfidards si al , prevent the encroachment from causing
significant interference with the District ms's use of the
- .... .........................._.... ...............
easement; and
E. With respect to r- a n d,f -a.t er--ed Class Two
encroachments, the -- '.W.:... - conditions
that, to the extent reasonably possible under the circumstances,
will.
1. Eliminate the encroachment in due course; and
2. 11 e:v i a4� eAmeliorate the impacts
of the encroachment on the District's easement by �thr_ou.gh mitigation measures ands safeguards,._. ands
shift to the property owner a�,= - et_r_._...��.ib
- -: _ _ _any increased costs that may be
~ °incurred by the District due to the existence of the
1ke.encroachment .
7.15.1.997.15 .-09_0- Other regulations.
........
: . . . . . : . . . . . : . . . . _ -.
$y -teese a i� r -- e 3 err =ems -' s_ rQ- f i f
r z=�The Board may promulgate and amend
rules, regulations, and procedures to implement the provisions
of this Or-d nane Chapter, including the following:
A. Establish rules, regulations, and procedures
concerning applications for and issuance of E-n-e�-e4iffi-e�-
Per-,ffi Real Pro-oertv Aqreements;
B. Set fees and charges for District services related
to easements;
C. List and categorize activities and conditions that
constitute encroachments; and
D. Establish standard e-rfi-44-Real Propert
. ......... . . . .. . . . .... . ......................... y
Agreement conditions applicable to specific activities and
conditions including mitigation measures, safeguards, and
similar provisions.
1s 7.15.100 Grandfathering.
An encroachment that was in existence prior to <insez-t
the effective date of this n, nane (--ChajPtez-> may be maintained
and shall not be subject to immediate mandatory removal or
abatement.-if the encroachment is grandfathered pursuant to
this Section. -anAt the District's sole discretion, an
----------- ------ - - -
encroachment be grandfathered if-t--the applicant
applies for and obtains a Agreement Property Areement Dursuant to
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the terms of this Chapter.
A. The hE�S ebtained a
&r.-E)ffi the e-iif-e±.-eefften-I ef t--he ef t-.his
G-r-4-inane
-tn e 4--_
I st±
es-lablished by 4
an,
7.15.110 Removal and restoration of improvements
75 .............................................. :- -- - - —
that are disturbed by District activities.
Whenever 94 4 4 4
Bisti�±et-.
-in 11-Ahe � f-&rthe District's reasonable use of the easement
1-1-1- . . . .......... . ....... -.- -1- . .. .... ...... . s._ ..... ... . . ............. . ---- 1 ... us .e ..................... . -1- - - easement
.... ..... .........
to construct, reconstruct, renew, alter operate maintain,
inspect, r replace sanitary sewer facilities results
ep.a.1 r-, and . ...... . ...... . sanitary 1.
............... results.
in the need for the property owner's improvements
........... . ........ ... . ..... . ... . ........... ........ .... . . . . ............. . .. ... .. ................. ..........
4
aell--it--Aes ei eef: ','iens efto the real property--,s,
`=a pt to be removed or ethei�.,w. disturbed, the following
provisions shall apply:
A--.A.- Conditions and Aet:4-,,±�.-s�Not Constituting
Encroachments. The District mayshall, at the expense of the
District,
eeiAitien, and upon completion of the District's activities,
tz-h e ,3EPense, f est-ei-,.'e tl.i.e
eejq-�14-4'ejq. 4f,
or restore the
replace ............... ... . ........................ ---- . . .................
.............. .......................... -- . -1-1 1 .............. - ----
improvements in kind which aze not -Prohibited by this Chapter
- ___,
O_ r. ....._wher_e.___.._s_uch__r_es_ pons_ i_ b1. l_ i_ ty..._.._ i._ s.._.._._s.pec_i_f_i_ed___.____ n___ ____a_.___Rea_1.....___Property
_ _ _. _.
Agreement.
B. Authorized Encroachments. If the encroachment is
authorized pursuant to ry _ aReal Property
Agreement. and the Ear 31f:� ��erm Real_ Property Agreement_
does not provide otherwise, the property owner shall, at no
expense to the District, be responsible to restore the
encroaching pempr_oy_ements, landscaping, or structures.
C. Unauthorized Encroachments. Unauthorized
encroachments shall be , en ,,. removed by the property
owner r = p!- ,
attheir _ exense and
shall not be restored by the District. Removal shall be
performed promptly by
f si4 -- +- rafter_ notice from the District. If
the encroachment has not been removed within a reasonable time
after notice has beei.--). ei.ve or if the urgency
of the District's easement activities requires -t -te
:; Aes be the District may
remove the encroachment itself, Viand the removal costs
:s-hal -may be charged ba-eto the property owner,�r-espensi
District remedies.
Remedies granted to the District in this e�� --E--E -. hap_te_r
are in addition to any other rights and remedies that are
available under this B stti_; et-- G±. -t .n.aneeCode or that are
otherwise afforded by law, and the District is entitled to
exercise any and all such rights and c� -ea-te E to charge
property owners for the costs of such remedies,
either serially or cumulatively, as determined by the
District.
Chapter 7.20
RIGHT _ ..,'TO ACCESS DISTRICT FACILITIES
Sections:
7 .2 0.010 -- . .... _. _._ --- --- .____..__.__...._..__ ......__.. ......... ..... ....... .... ...
£may- :District Right to Access District
Facilities on Private or Public Pro�er�._
. _.... _....... -. _._._. __._. .. _.. " -._ - ._......_ j.......- ._.... ...._... ........ --
7.20.020 Interference with District s Access,
_. _..__.. ......... ._...... _ ....... .........
7.20.030 Right of Entry Permits.
_7.20.010 District Right to Access District Facilities on
Private or Public___Proper�_
Where the District has facilities within easements,
reservations or ricfhts of way, including those real property
. ............. . ................ . property
... . ......... ... .. -
interests acknowledged, asserted and declared in Chapter 7.01,
................................................ ....... ..................................... . .......................... ................
the District shall have the right_ to enter private property....in
. . . . ........... . ................. ......................
order to construct, reconstruct, renew, alter, onerate.,
. . ........ . . . ................. ..................... I ......... . ......................... .......... ............. _. -
maintain,--inspect, repair and replace District facilities and
as set forth in Section 1.08.020 of this Code. The District
may also r,e,m,o,,ve.........,landscaping .,.... and other encroachments within the
..... ....
easement, reservation or right of way thatsignificantly
impede access to District facilities or unreasonably
.. . ........ .
..... .............. .......... ................
. . ......... .. . ..... . ...... . ................ ..............
interferes with the construction, reconstruction, renewal,
alteration, operation, maintenance- --- repair or ---- r-ep.lacement by
District of its facilities within the easement, reservation or
................ ............. ............................ .......................... ......................
right of way.
: .. 4
. .... . ....... ....... . ..... ...........
9, ,_Aet pi�'epei�'ty ffli�ist=
WT-,±
fa.ay be eb-a-i-i.ed. by fili ..-th the Gefi.e.r..
Manaffei��: efi. a feErct sidpplieel r- e u h iiis eq- hezF effiee. The
erffi s as
I.aws, rales an".. S .
_t7L
41 4 1 .4
Efie 'Eliffte-e-I t�he pay afl� app-lie
app—erable per-iilj:�
fees aeee:r'ding te Ilee seheeiLile en
7.. 2. ...0... .030 Right o.f Entry Permit. s........ ..
..
The District may issue "Right of Entry" permits to its
--- - ---------- - - ------ - - - ----- ------------- _ - - — — - - -- - - - ----- - - - -- -
contractors and consultants, or to the contractors or
I .......... . ..... ................................... . ..... ................ ............. ....... ... .......... .. . ...... . ... � I
consultants of others .............. who . ..... apply_ .... ... to .............. q onstruct, recons truc. t,
renew, alter, maintain repair and/or replace lateral
sewers or other sanitary sewer _appurtenances within District
. .............................................. . .- � - � - .................... ................................ ................
easements, reservations or rights of Way, Right of Entry Permits
...... . .... reservations ........ .. ...... .... .......... I ........................ . ................. . .... . .'. I .. Right .. . ............ .............. . .......... ..
shall operate as a temporary_ assignment of the District's right
to use and ien-ioy its real -property interests for legitimate
sanitary sewer purposes_.
facility es-
.P .................
..... .. . ....... .. . .. . .. .... .. _
87 -113 6. ij
.. ............ - -
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Title 9
SEWERS
Chapters:
9.02 General Provisions
9.04 Private Sewacare Disoosal
9.08
Public Sewers
9.10 Side Sewers and Connections
9.15 Overflow -orotection devices
. . . . . . . . . . . . . . . . . . . .
9.20 ...... District Abandonment
.......
Permit Requirement for Building, Gr4dinq or
Demolition Projects
...................... -
e ep I-- an n e- Reuel -
...... ........
Pre 9.30 Relinquishment of District
.............
Ownership And Maintenance Responsibilities
- ..... ..... ................... ............ ............................. . -.- 111 . ....... -.- -- - .............. .......... ..............
for Sewers to Property Owners
9.40 Abandonment of District Sewer Facilities
And Substitution of Alternate Facilities
....................... ...................... ... .. - 1-1-11-1-1--.- --- --- ............. ............. ............. - ................ --
1
Chanter 9.02
GENERAL PROVISIONS
.......... .. ......... .... . ...... --
9.02.010 Purpose.
This Chanter establishes rules and regulations for
the use and construction of nublic and nrivate sanitary
the . ..................... and...... = . . ...
. .... .......... . ...... ..
sewer facilities installed, altered or repaired within the
District.
9.02.030 Permit as Agreement.
The applicant's signature on an application for any
permit required by this shall constitute an
I ........... 1 -1-1- 1 ............. ..................... ...... ...... .. .... ..... 11 11 . . . ......... .................................................... ............
aqreement bindinq on the aDDlicant and his or her heirs,
.......... ................ ............... ............... .... . . . . .......... ....... . ........ . . -1-1- - the . ..... ..... . ... . ..................... . ..... . ..... . ........
successors and assigns, to comply with all the provisions,
terms,_ and requirements of this Code, the and any
........ . ....... - .................................... .............................................. - ..... .... ... .. .......... -- ----
plans and specifications filed with the application,
together with such corrections or modifications as may be
—ar�. Such agreement
made or -permitted by the District, if
.............. I .......... . ................ . .. . ............................................ ..... ............................................. . .......................... . ..... ........................... -
shall be bindinq unon the applicant and may be altered
.............. - ................ = .......................
only by the written approval of the District upon rectuest
for the alteration by the applicant_._
....... .... .. ..... ................................. ... . ........... -.- ...................... --- ---- - -
Chanter 9.04
PRIVATE SEWAGE DISPOSAL
Sections:
9. G4. 940 Des igi.:i, eenst-r-det-ien and fRain�c-e.nanee ef
pr t }Xrt a
eW, A 4 sr/&- -e-t-e
ge
9.04.-6449.04.010 Design, construction and
maintenance of private sewage disposal
systems.
9.04.020 Cost of private sewage disposal.
9.04.010 Design, construction and maintenance of private
sewage disposal systems.
The design, construction and maintenance of private
sewage disposal systems, septic tank systems, e-±: �.
fftethed ef sewaEfe dispesa.l. eth.e�--- --han the s- -ef.ft ef.
_f ys t
h s other methods of sewage
disposal, are governed by Contra Costa County -and the
state of California. No person shall construct, install,
............................................... ................... - --- ................ . ................. .. ............ .... .................. ........................ 11.1
connect to.....or provide, maintain or use anv means of sewaae
.... . . . ....... . .. . . ...
.. .. ............... ...... .. ..
disposal for any facility or property in the District
other than the__ except as
- .......................... ................... ............ -- -
0
Chapter 9.08
ix�'';D G-.F"-PUBLIC SEWERS*
Sections:
9.08.010 Planning, design and construction.
9.08.020 Sewage facilities to be built for ultimate
service.
9.08.G3G Pl:irpese e 4
ef 1--aekwa
. 4
4 4-
-Respen Lb_i__47_�j "er- c4wam
py--eventien deviees.
9.08.041 Finding ieE --Eiin� e e p 4 — ig. s t E)
f-effffife�f4---
pr-even
()0 Tapping inte 94S4-±�:4 -- 9 -
VW. GF
9._Q. 8.... 030..._... Acceptance of......s..ewage facilities.
Prior history: Prior code §§ 7-101, 7-102, 7-103, 7-201, 7-204, 7-305 and 7-306; Ords.
41 and 105.
9.08.010 Planning, design and construction.
--e
n �i �' I .;
,Sewers that are intended for dedication to the
District as public sewers shall be planned, designed,
constructed, installed and repaired in accordance with
this
_
Code and
the District's Standard SDecifications for Design and
Construction (referred in this Code as "Standard
Specifications "). The Standard Specifications shall be
established and may be amended from time to time by
...................................... 1.1.- 1. � - � � - - ......... ......................... _ � � - � ......................... .... ...... .... .. .. .. _-
Ordinance and kept on file with the District Secretary in
...................
3
9.08.020 Sewage facilities to be built for ultimate
service.
Sew A_11 sewage facilities to be connected to the
District system shall be designed and constructed in a
manner consistent with service to the ultimate tributary
service area. The District shall review -plans submitted
for construction of new or modified sewer facilities to
- ............... ..... ...... - ...... ..... . ....... I ........... ............ . ..... .............. � ...................... I - __ -
evaluate the service requirements for the ultimate
tributary service area. The District will determine
whether and to what extent the design and sizing of the
................. ................ - _ - . . ...... . ........... .......... . .. . . . ...................................... -
p��oposed facilities may need to be modified, includin
'. ................................ =____ , _�_ .......... ...... ............... . . .................... including . . ......... ................. g
.................. - ........... . ........... . ...... ............. ........................... . ... ....................... 7�.� .. . ........... . - *
uPsizing, to accommodate the flow from the ultimate
tributary service area. If compliance with this
.................... ..... ____ ____ ...... .......... . . . ......... . . ......................... - ...... . ........
requirement ....results in upsizing of sewage facilities, a
.... ....... . ....... - ............ . . . . ........ .................................. facilities, . . . . ................. . ................ -
.............................. ...... -
.reimbursement account shall be established pursuant to
Government Code Section 66003 and Chapter 6.20 of this
................... ........ . ................................... . - .................... . . . ............................
Code. (Ord. 198 § 3(Exh. C(part)), 1996)
9.08.030 Acceptance of sewage facilities.
.................................... . ... ............ ....... .....
A. Where, prior to <Insert the adoption date of
this ordinance>, the District has constructed, or obtained
by contribution, and maintained the public sewers and
other sewage-facilities that are shown on the District 's
. . .. .. .............
..... ...... .
"Collection System Maps" as of the date of adoption of
. Maps" ... - ..............
this Title and kept on file—Secretary of the
District in an uncodified manner (referred to as "System
= ...........
Maps'" in this Code), whether ..l..na public or private right-
............ ...............
of-way, street, road, path, easement, reservation -or--a nly
-
other location whatsoever, and where such sewers and
............ ___ ............... ........... ................... I ........... .... .... . ...................... - 1.1.- 11 .. . . ............ -
facilities were not explicitly accepted by the District in
- . .. . ...... ............................
the past, the District hereby declares that it has in fact
ac�ted_all such sewers and facilities for__Dt�b ic use
li_
............. ............................. ........... ...................... . ........ ........ . ...... . - ..... .... ... .............................. -
-thro-ugh its conduct. In the cases where District staff has
issued a "Notice of Acceptance of Sewer Facilities" or a
substantially similar document to an installer of sewers
� . .......... ................. . � ................... I .................... .. .................. .... .. ........ ............. ...... . ....... - - ..................... .. . ....... - ___ ............. . . ...................
and /oand/or other sewage facilities intended for contribution
r ............................. ......... . . ........... .
.. I ..... ..... ...... ...... . .... .. ....... . ..... ......... . . .
to the District, the date of the District's acceptance of
0
such sewers and facilities shall be deemed to be the date
.................. . . .... .
.. .......... ....
of such notice or substantially similar document.
Notwithstanding the -oaraqranh above, there are
specific-sewer facilities which ma_ be shown on the
..... . . ......... .. ..... facilities .......... ......... - . . . ......
Collection System Maps to Which these general declarations
and acceptances do not apply. The specific sewer
facilities that the District does not acknowledQe or
............................. . . .. ..... . . ....
accept ownership include the following:
1. Facilities labeled as "Abandoned Lines" on
the_ .C.011ection System Maps.
...... .. .. ................. ......... 7_ == =---
2. Facilities labeled as "Tentative Sewer Lines"
on the Collection System-M.aps.
3. Facilities labeled as "Proposed Future
Lines" on the Collection System ..._Maps.
4. Facilities labeled as "Private Lines" on the
Collection Svstem Maps.
..........
5. Facilities marked by text or labels on the
Collection System Maps as being owned by other public
agencies.
............ . .. ... . ......... -
B. The Board hereby delegates to the General Manager
the resDonsibilitv-and authority to acce-ot, or reject, -any
� .......... . . . - .... ..... ........... ....... . ............................. __ I—- _ __ - - A
sewers or other sewage facilities offered for contribution
............... ..... .
to the District ... . ........... after Ji.e. , the adoption date
- 1 . adoption . ........ . ....
of this ordinance). Such sewers and facilities shall be
...... ......... ...... . . . .. . ....... . ........ ........ . ... � .............. .................. .. .. .. .......... ............................ .... . . ...........
deemed accepted by.--the District as of the date of the
- by _the_ .. ...... ............... - - . - � _ ........... ......... --==- - — —
"Notice of Acceptance of Sewer Facilities" issued to the
installer following favorable final inspection of the
........ ......... - ... . ......... - ............ ....... . ............ ............ . ................... .... ................ ___= -- _ . . . . . . ............................. _ ...............
sewers or oth.......e..... r facilities by Distr.ict
staf.f.....
. ......... ................
.... .
Chapter 9.10
Side Sewers and Connections
9. 10__..._010 Permit Recruired.
No person shall construct, re alter a side
person 1 repair or
sewer or make a connection to any public sewer without
first obtaining a written -permit from the District
- ........................... ................ ............ .. .... ........... . ............................ _
pursuant to the requirements included in Title 5 of this
Code and paying all applicable fees and charges. �Onl the_
District_ or a prg�)arly licensed contractor
... ............. . ............................... .............. .................... ....
authorized by the District may install connections to, or
taps into a District–sewer or other --- sewage facility.
_LOrd. 198 § 3(Exh. C(Part)), 1996)
_ - ............... ................... ......... . ...
9.10.020 Specifications and Requirements,
5
Construct, i.on,_ repair_, alteration_ and maintenance of
s_ide__.._sewers shall be in accord_ ance..___with the __..requirements
of this Code and the Standard_S-oecifications_
9_.10.030_ _ Protection of Excavation
All excavations, trenching and construction for side
sewer i.ns_tallation repair_ or alteration shall be
:.
adequately and properly protected ._ with barricades, sharing
and bracing, traffic control and /or lights so as to
provide f_orpublic_ safety Public streets,..sidewal_ks, and
__.. _ ... .::..
other inthe........publ_ic right-of-way disturbed the
--
course of side sewer work shall be restored in the manner
- - - - - -- – - - -- ---- - - - - --
required by the Standard Specifications and the
permitting re.qulrement_s of city., county other
entitv with competent jurisdiction.
9_.10 .040 Ownership, _Maintenance and Connection Side
Sewers.
A side sewer is a private facility. The property
owner shall be responsible for constructing, repairing _ and
.....
:.:.
maintaining the entire side sewer between the building and
the _publ_i_c_ sewer (including both the lateral and building
... ... :.. _ - _...
sewers, and tap, saddle or wye connection fitting at
_. ..
the public main _sewer), The District shall not be
financially responsible for any side sewer construction
__ - - .... ........ -
operati.on_, maintenance., repair,_:. abandonment or other_ costs
-
- -...__ - ........ ...
whatsoever, except the District ...._._itself or its
contractor reconstructs_ or realigns the -oublic sewer,
:.
thereby necessitating the reconnection_ of private side
sewers to sewer_._
9.10.050 Standards for Construction and Testing of Side
Sewers.
Side shall maintained in
conformance with applicable standards and regulations set
forth_ in Standard _specifications, this Code such other
s_tatutes__and regulations may apply at the time of
construction or repair. The property owner shall obtain a
District permit for such side sewer construction or
_.:. _ .... _ — _ .
repair, and the side sewer shall be
and testing to ensure that proper materials and methods
– -------------- - - - - -- -- - - -- were used for _the construction or repair and that the
.... -
resulting side sewer is _leak free Side sewers._..__ that
the leakage test shall be repaired or replaced at property
owner's -- so_ as to pass the _leakage test._.
0
Chapter 9.15
9. G8. 949 Respensibility feE baekwateE -ey-e�ev
preventien ,7 .
9.15.010 Overflow protection devices.
A. Findings. The District finds that overflow
protection devices are necessary to minimize the volume of
sewage overflows and flooding of public and private
premises, protect the health and safety of the District
its residents and visitors and the environment and to
minimize damage to District and private property. Proper
installation and maintenance of overflow protection
devices by property owners and long term leaseholders of
residential, industrial and commercial properties
constitute an integral part of the private and public
sewage collection system designed to convey sewage from
buildings throughout the District to the treatment plant.
_Failure of-property owners and long term leaseholders to
properly install and maintain overflow protection devices
can prevent the proper functioning of the sewage_
collection system as designed.
The District further finds prior District Code
standard specifications and ordinances have required the
installation of overflow protection devices on_ new
construction of residences and structures since 1960
provided however that from 196_0 to 1993 devices were not
required for structures where the elevation of the lowest
fixture in the structure was above the elevation of the
nearest upstream manhole. Since 1993 the District's
standard specifications have required overflow protection
devices on all new and repaired connections to the
7
District's system and this provision was included in this
Code in 1996.
B. Mandatory Installation and Maintenance. All
property owners and long term leaseholders shall install
and maintain a baek...,teran overflow preventisiziprotection
device on any side sewer that is connected, or is intended
for connection to, the District sew E - eytefR. in th4-s
eerie the term aekwater everflewpre3veRti n' s sewer
system for all new construction, all new connections to
District's system, and upon all repairs or replacements of
any side sewer. This requirement applies to all such
persons, regardless of when they acquired or leased the
serviced property. In this Code the term "overflow
protection device" includes both baekwate— overflow
Protection devices and backwater check valves and shutoff
systems, and any other devices the District may approve
from time to time for such purposes. All backwater
overflow protection devices shall eeFnpe-r-t-comply
with the Dstriestandard speeif__a}____srequirements of
the Standard Specifications and shall be maintained so as
to provide for their continuing function as designed.
A. 1. New Side Sewer Installations--<�L_ Alterations,
or Repairs to Existing Side Sewer Installations. No
person shall install, alter, or repair a side sewer that
is connected, or is intended for connection to the
District sewer system without installing , baek•teEan
overflow protection device of the type and in
the manner prescribed in the District standard
epee- ifieatiens and al j•Standard Specifications and the
permit requirements as requ±3ed bj• included in Title 5 of
this eedeCode, except as provided for in Section
9.08.941—.9.15.020.
_
The District recommends installation of overflow__
devices on all properties. However, no person whose
property was not required to have installed an overflow
protection device pursuant to District Codes or
specifications at the time of initial construction, will
be required to retrofit an existing structure with an
overflow protection device until there is a new
installation, alteration or repair to the existing side
sewer.
B.2 . Maintenance Requirements. All ba^kwester
overflow preventi protection devices shall eempper with
t--h-eDistriet standard speeifieatreRs —and be maintained so
as to provide for their continuing function as designed.
All ba-ekwater— overflow preventieRprotection devices shall
be accessible at all times and shall be free from any
W
obstructions,— including, but not limited to, rocks, soil,
vegetation, grass, trees, bushes, plants, landscaping,
concrete, asphalt or other ground coverings that may
impair the function of and accessibility to the overflow
protection devices.
G. 3. Elevation and Sizing Requirements. All
bae1C-;.tat1=r--overflow protection devices shall be
installed at an elevation and of a size that protects the
property from damage. It is the property owner's or long
term leaseholder's responsibility to either confirm that
the baekwaterr—overflow pEeventienRrotection device is at
the proper elevation and size, or to obtain competent
assistance from a licensed plumber or contractor to
confirm its proper elevation and size. If any subsequent
modification of the property results in the h-,,.'_•_.aterr
overflow protection device being undersized or
at an improper elevation, the property owner or long term
leaseholder shall adjust or replace the baekwate — overflow
preventi protection device to the proper elevation and /or
size. Sheald it Ine i o
___ -1
C. Waiver of Permit and Inspection Fees In order
to encourage installation of overflow protection devices
on all structures connected to the District's sewer
system, permit and inspection fees for repair or
replacement of side sewers authorized by Title 6 and the
Schedule of Environmental and Development Related Charges
shall not apply to the installation of overflow protection
devices. This waiver of fees shall be solely available
for installations or repairs of overflow protection
devices and shall not apply to other side sewer r_epairo_r
replacement activities.
D. Failure to Follow the Baels ter -Overf low
Protection Device Requirements.
preperty has ne backwaterProperty owners or long term
leaseholders whose property is required to be_ protected by
an overflow protection device by this Chapter, be
responsible for resultant damages as follows. The
property or leaseholder whose property has no overflow
protection device in violation of this Chapter_,
or has a defective or improperly installed baek••a*eYor
maintained overflow—protection device, shall be
responsible for all damage that results from the lack of
such aan overflow protection device, or the failure of
lea defective or improperly installed or maintained
0
overflow protection device to prevent such damage. Should
it be determined that property damage is sustained as the
result of overflow protection device located at an
improper elevation, the property owner or long term
leaseholder shall be responsible for any such damage.
(Ord. 226 § 2, 2003: Ord. 198 § 3(Exh. C(part)), 1996)
98.041 Finding regar x,9.15.020 Limited exceptions
to requirement for baekwat - overflow
pEeventienprotection devices.
The -D-istr et -ink , in o e e t ien 9.08.930, that
haekwater verfiew preventien devices are neaessaryte
prevent eveEfiew and baek - fleedin , te- preteet the tear
and safety ef Distriet - resideeme and -t -m =e t4a-e
pessibility o f damage t e--p r e p e r t j, The -B i s trie t al-eeA .
Findings Regarding Exception Requests. The District
finds that some property owners or long term leaseholders
who are required to have or install overflow protection
devices pursuant to this Chapter may prefer to apply for
an exception to the requirements herein for installing a
19aek-aterinstallation of a overflow protection
device, or that it may be impraetieabie- €ems -se -legit
residenees where baekwate -particularly onerous
technically, financially or aesthetically for some
properties where overflow preventi protection devices
were not installed when the V s- ide-ie side sewer was first
built. Additienally, theThe District also finds, however,
that failing to install a baekwater-overflow
preventi protection device may pose a serious risk to the
health, safety and property of the District, its residents
and businesses; hence, if a property owner or long term
leaseholder chooses not to install a baekwater overflow
preventi protection device the property owner or long
term leaseholder should bear all liability arising from
sewage overflow or baek flooding caused by the failure to
install such aan overflow protection device. The District
and its officers, agents and employees shall not be liable
for any injury or death to any person or damage to any
property caused by the failure of a property owner or_long
term leaseholder to install , baekwateran overflow
protection device.
A. B. Permissible Exceptions to Requirement for
Baekwater-Overflow nr�- - - - -; „Protection_ Devices; Waiver
and Assumption of Liability. A property owner whe sor
long_term_leaseholder otherwise required to install a
back aterhave installed and maintained an overflow
r nt „protection device under Seet- ien TQ8.044pursuant
10
to this Chapter, for a building which has been previously
connected to the District's sewer system without a
properly installed overflow protection device may apply
for an exception to the requirements herein -e z
sueh afor installation and maintenance of such an overflow
protection device.
If a property owner or long term leaseholder applies
for a—¢an exception pursuant to this ^„ti-........ti Subsection,
the exception wi4-lmay be either granted or denied by the
District. If the exception is granted, an agreement for
an exception will be recorded with the Contra Costa County
Recorder's Office wherein the property owner or long term
leaseholder expressly assumes the risk of all damage
related to any sewage overflow or baek- flooding of the
subject side property that e eeurs due te the zaek of
such aan overflow protection device on the side sewer will
It; R ;C FM eerded -with the - Get -ra rest -Ge my RaeerdeiFl -s-Gff iee
as required be'_ew.may have prevented or mitigated had an
overflow protection device had been properly designed,
installed and maintained.
C. B. Procedure for Obtaining Exception. A
property owner app! or long term leaseholder who applies
for an exception shall obtain and fill out an application
fer emeeptien e- he requirementsTegarding i 3stallatien
of abaek ate r f nt d on a form
acceptable to the District. The application shall fully
describeelearl� the technical cost, prae'-�--�'
j � _________ and /or
aesthetic reasons why installation of such aan overflow
protection device is not possible -e-r, practical or
preferred. The District shall review the application and
grant or deny the application. If the exception is
granted, the property owner or long term leaseholder
requesting the exception shall execute a recordable
agreement for exception acknowledging the owner's
assumption of the risk and waiver of liability against the
District I-r-efor all overflows impaet3gon the property for
which the exception is requested. Once executed, the
waiver and assumption of risk shall be recorded with the
Contra Costa Recorder's Office so as to become part of the
preperty' s ehain - efl €e— subject property's chain_ of
title. The exception may be terminated_ at any time and
installation_ of an _overflow protection device required_
when, in the discretion of District, modifications to the
Property or other circumstances render installation of
such an overflow__protection device to be reasonably
practical. (Ord. 226 § 3, 2003)
11
Chapter 9.20
DISTRICT REVIEW AND PERMIT REQUIREMENT FOR BUILDING,
.................................................. .... .... ........................ I I ..... -
GRAPING OR DEMOLITION PROJECTS
Sections:
19 9 ±n e e
`
9.20.010 -----Review of Grading, Building and Demolition
- - ----
Permits.
..........
9.20.015 Side Sewer Abandonment Permits for
. . . . . . . . . . . . . . . . . . . . . . . . . =_ ................
Demolition.
9.20.020 Establishment of fieefees.
9.20.030 Construction.
9.20.040 Responsible parties.
9.20.050 Responsible parties-Special circumstances.
4=24)
9.20.010 Review of Grading, BuildingandDemolition
...... . .................. .............. . . ... .. ............................ ..... ............. .. . .......... . .............................. ..........
Permits.
Fft-, 4 f
I—E ewe
faeilityDistrict review of all applications for county or
-------------
citv crradinq, buildinq or demolition Dermits shall be
. .......... - .... . .. . ...... . ............. ..........
... ....................... __ ............ .. ....................... ......... . . . ....... . ........ . ...
required prior to theproject proponent's submittal of
.. . ...........
such applications to the county or particular city. In
order to safecruard public health and safety, the
.................. _,_ ..................
....................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
environment and public and private property, the District
may, in its discretion-, require a District permit pursuant
to Title 5 of this Code for and approval of any such
....................... ... ... .................... I., ............................. . ........................... .. .... .. .. .. ................................ .......................... I I I.-
construction-related activities which may impact the
District or its facilities, including requiring temporary
capering_ ofthe-property side sewerdurin construction.
............. .- ............................ ..................... ....................
9.20.015 Side Sewer Abandonment Pe - rmits.-
A side sewer abandonment permit nursuant to the
recruirements of Title 5 of this Code shall be obtained
.. . ....... .............. ..................... .......... ... - � _ � . .... ........... - .. . .......... . .... ..............
.......................................... ............ .......
before any building which is connected to the District
eelAxeetz.i.E� i�.i. systef.fi is aba.fide;,-ied, ii-leli-idiiiff t-he
12
sewer, ., sewer. sewer
system is demolished. (Ord. 198 § 3(Exh. C(part)), 1996:
Ord. 166 (part), 1987)
9.20.020 Establishment of 1fees.
The District may from time to time set fees for
the issuance of permits, inspections, and /or the physical
work associated with abandonments. (Ord. 198 § 3(Exh.
C(part)), 1996: Ord. 166 (part), 1987)
9.20.030 Construction.
The abandoning of sewers shall be done in accordance
with the
Specifications, this Code and other applicable statutes,
regulations and procedures established by the District,_
Contra Costa County or.._ the cities within the District
boundaries. (Ord. 198 § 3(Exh. C(part)), 1996: Ord. 166
(part) , 1987)
9.20.040 Responsible parties.
The owner of the private side sewer at the time of
the abandonment is responsible for all costs as may be
associated with abandoning sewers in a manner wh- i_e- htha_t
complies with __. the Standard
. . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sp_ec_i_f_i_c_a_t_i_ons . and procedures. In the event a property is
being improved or redeveloped, the owner or person
proposing the improvements or redevelopment =.,�=hthat
requires the abandonment work shall also be responsible
for obtaining permits, paying applicable fees and charges,
and selecting a contractor to perform the abandonment
work. Such work shall be done prior to connection of any
structures to the public sewer system or demolition of any
existing structures, whichever occurs first. In the event
that a sewage facility is abandoned without a permit, the
owner of the property at the time the abandonment is
discovered by the District will be responsible for payment
of the appropriate abandonment fees and charges and for
the work to abandon the sewage facility in accordance with
Section 9.22:030, 9.20.030 (Construction). (Ord. 198 §
3(Exh. C(part)), 1996: Ord. 166 (part), 1987)
9.20.050 Responsible parties— Special circumstances.
When due to development taking place, whether it be
new development or redevelopment, a public sewer or public
sewage facility is to be abandoned, the developer, person,
agency or entity seeking approval of the development
13
requiring such abandonment shall be responsible for all
work, costs and fees associated with the abandonment
authorized by this eli.apt-�—Chapter and such fees shall be
due at the time of plan review.
If any development causes or requires the abandonment
of an existing side sewer, lateral sewer or house sewer
which services a property not owned by the person or
entity undertaking the development, the person or entity
undertaking the development shall be responsible for
obtaining permission of the owner and paying the costs and
fees authorized by this f -4a ,_Chapter associated with
that abandonment. (Ord. 198 § 3(Exh. C(part)), 1996: Ord.
166 (part), 1987)
Chapter -9- 9 . 3 0
Ts r•ncr)m.nnTl' +�' -,(}L -rnT �7�('rm r• TnT nUT.r Pnnr)y T
RELINQUISHMENT OF DISTRICT OWNERSHIP AND MAINTENANCE
RESPONSIBILITIES FOR SEWERS TO PROPERTY OWNERS
q' Pr' ti nY1C
i c` seffie 'E ire°ce 3 tf1t E'
9..._..._3._0..... 0.1.0............_...._......._ F_i_ndi_ngs....-...
.... ......... -
9.30.020 Notice of determination and intent to
relinquish sewer facility.
......
9.30.._..030........ Order of relinquishment by..._.._resolution_.__
..... ._._._. _._
........
9 3 0.04 0 _ Recording.
9...,.._ 3._ 0.._ ...._0._1._0 Findings,
The Board of Directors finds that it may be in the
best interests of the District and rat eer ay...
relinquish ownership and maintenance responsi.bil.ty._for.
certain sewer facilities that exist on a single property
---- --------
or in the common area of a condominium property. This
.... ..... _. -- _..
Chapter establishes procedures .....for the _District to
relinquish ownership and future maintenance
responsibilities to the owners_of_Qro-oerty on which such
-- –
Sewer_s and other sewage facilities exist.
9.30.020 Notice of determination and intent to relinquish
.. .... ....... _ ........ . --
_ __ .
sewer_ fac.i_li.ty....
When the General Manager determines that a District_
sewer _facility___should _ be relinquished, he or she shall
M
9.30.040 Recording.
Tf the Board adopts a resolution of relinquishment of
sewer facilities, staff shall record the resolution in the
.................. I ........... - . ....................................... __ .................... . . .............. . ...................... ............. .....................
o.......f ....... ..f..... i c i � al. r.......e... cords of Contra Costa County.
Chapter -
Chapter 9.40
ABANDONMENT OF DISTRICT SEWER FACILITIES
........... .................
... .... ........ ....... ...... .. I I - - = ..... ........
AND SUBSTITUTION OF ALTERNATE FACILITIES
Sections:
9.40.020 No entitlement.
......... . - ".
..... . ...... == ............
15
__No property _owner... shall be __ent_itled to__.re_ceiving
-:.:.
continued wastewater utility service, via any particular
sewer facility simples b virtue of having received service
:.....
..................
in the past from that facility. The District,_ in i._ts._ sole
discretion, shall_ _determi_ne the means and...._ methods of
providing wastewater utility service to properties
connected to _the District sewer _sys_tem__after _co-nside_rng
-.: -- -
the t_echnical_, financial and_public_ interests and other
issues pertaining to the provision of a public service It
may be necessary, from--time to time.. to..... abandon ..._existing
facilities and to substitute alternate facilities in order__
to continue service to particular properties or to better__
serve the greater community.
T
= jam #vim -a -I I
- te the . _... _
__ - .
-±-i= f e iF - f'rewf'i -p e s e r - fin- ---�
_...
(Galifei�-nia 66419
cn =ri F - i is acxt -e- --t4e- p ka.i %e•_ -win 11 - t+ft ....- -af F� fr 3G
f �e -~-em s --€ ar- -t- I-ie__ -sue e ±z -- I-
f
EA
16
,3t - - -E net
anless _.,.
z _ _ .-
, _ .
9.40.030_ Notice of determination and intent to abandon
sewer facilitie . ....... - -__ _ ....... - . ......... __ ................
facilities.
When the General Manager determines that a District
sewer facility should be abandoned, he or she shall
- -- ... _ .- .... .... ..... _._ -
prepare a...report t_o the Board _(Posi._ti.on_._Paper). agendizea
.... _.
public hearing to consider the .....proposed ._. relinquishment at
a _Board meeting, publish and post Dublic.notices and
.... .... _..
notify the affected property owners in writing of .(1)___the.
....
. ..:...:...
District's intent .__to_ consider abandonment of the facility;
(2�any__proposalto substitute_ alternate facilities for
_ ...... ..... _ .. ... _ — _. _ ._... — .—
continuing wastewater utility_s.ervi_ce to connected
....
properties; and (3_)_ the time and place _of _the public
hearing.
9.e _. selt the
f+ we :E- t - re -e _ e.,., n t s 4 r mom, __. =
' _ - deterffiines that it is
_ _
e e fA�-
5 ,
y. Eh.... Beard. _ . p
9....40 .04.0..__..._. Order of abandonment by_.._ resolution...
The Board may order--abandonment--of pa-rticular sewer
facilities, from time to time, by resolution upon a two-
_ - ... .- ..... .._ ......
thirds vote a.fter__hav_in conducted_ _a properly noticed
.... .... _ .... ... ......... .._.....: ....._.. ....:........_
public hearing, at which oral or written presentations
could be made, as-Dart of a Board meeting. The provision
17
of substitute alternate facilities shall be ..___dependent upon
whether such facilities can be.._provided_.at...reasonabl_e
cost�-_-the_ availability of__fundin� and /or the best
.... ....
interests-of the _the public.
91 _._4._0 _ 05.0...............Recording.....
After the Board has adopted a resolution of
abandonment -_of s facilities, staff
_ _ _ .w .
resolution
i .n the _official _..records of Contra Costa County
making reference to the affected Assessor's Parcel Number.
9.40.060 Assessment Districts or other Financial
Vehicles.
The District may any assessment district
... .......
..........
proceedings or other financing methods _ allowed by state_
statute to finance substitution of alternate facilities
that may be required to continue wastewater utility
service to connected properties when sewer facilities are
abandoned.
S
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TITLE 10
SOURCE CONTROL (PRETREATMENT)
(Adopted 2/15/07)
Chapters:
10.04 General Provisions
10.08 Regulations
10.12 Administration
10.16 Enforcement
10.20 Hearings and Appeals
10.24 Fees
10.28 Waste Hauler Program
10.32 Grease, Oil and Sand Interceptor Program
Chapter 10.04
GENERAL PROVISIONS
Sections:
10.04.010
Purpose and Policy.
10.04.020
Definitions.
10.04.030
Abbreviations.
10.04.040
Ministerial Permit Issuance.
10.04.050
Severability.
10.04.060
Conflict.
10.04.070
Repeal.
10.04.010 Purpose and Policy.
This Ordinance sets forth uniform requirements for contributors to the wastewater
collection and treatment system of the Central Contra Costa Sanitary District (hereafter
District) and enables the District to comply with all applicable state and federal laws
required by the Clean Water Act of 1977 as amended and the General Pretreatment
Regulations (40 CFR Part 403), which are on file at the District Office.
The objectives of this Ordinance are to:
A. Comply with the laws of the State of California and of the United States
relating to the protection of the environment, control of water pollution, disposal of
hazardous wastes, and pretreatment of industrial discharges to publicly owned treatment
works.
B. Prevent the introduction of wastes into the District wastewater system which
will interfere with the operation of the system or other District operations.
C. Prevent the introduction of wastes into the District wastewater system which
will pass through the system, inadequately treated, into receiving waters or the atmosphere
or otherwise be incompatible with the system's overall operations.
D. Prevent introduction of toxic substances to the District wastewater system
which could reach the environment in toxic amounts.
E. Prevent the introduction of wastes into the system which may affect the
District's ability to dispose of its ash, sludge, or other residuals.
F. Improve the opportunity to recycle and reclaim wastewater and sludge from
the system.
G. Prevent the introduction of wastes that may be inadequately treated by
District facilities and may adversely affect the environment or may cause a violation of the
K
District's NPDES permit or may contribute to the need for modification of the District's
NPDES permit.
H. Protect District personnel while conducting activities related to the collection,
treatment, and disposal of wastes through the District facilities.
I. Prevent a public hazard or public nuisance arising from the collection,
treatment, and disposal of wastes through the District system.
J. Prevent the introduction of wastes to sewers connected to the District system
that could result in the District being classified as a hazardous waste treatment, storage, or
disposal facility under the laws of the State of California or the United States.
K. Provide for equitable distribution of the cost of the District's Source Control
Program.
This Ordinance provides for the regulation of contributors to the District wastewater
collection system through the issuance of permits or permit contracts to certain users and
through enforcement of general requirements for the other users, authorizes monitoring
and enforcement activities, requires user reporting, and provides for the setting of fees for
the equitable distribution of costs associated with maintaining a Source Control Program.
This Ordinance shall apply to all discharges within the District and to discharges
from other governmental bodies or agencies who are, by contract or agreement with the
District, users of the District's treatment plant. Except as otherwise provided herein, the
General Manager of the District shall administer, implement, and enforce the provisions of
this Ordinance.
10.04.020 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases,
as used in this Ordinance, shall have the meanings hereinafter designated:
A. Act or "the Act." The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
B. Authorized Representative of Industrial User. An authorized representative of
an industrial user may be: (1) principal executive officer, if the industrial user is a
corporation; (2) general partner or proprietor if the industrial user is a partnership or
proprietorship, respectively; or (3) duly authorized representative of the individual
designated above if such representative is responsible for the overall operation of the
facilities from which the discharge originates and if such representative is identified in
writing by the individual designated in (1) or (2) above.
C. Best Management Practices (BMP's). Schedules of activities, prohibitions of
practices, maintenance or operating procedures, and other management practices to
implement that which is listed in 40 Code of Federal Regulations Section 403.5(a)(1) and to
prevent or reduce the pollution of "waters of the United States." BMPs also include
3
treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Best
Management Practices may be proposed by an individual user and accepted by the District
or, as set forth in this Ordinance, mandated and set by the District.
D. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure, five (5) days
at twenty degrees (200) centigrade expressed in terms of weight and concentration
(milligrams per liter, mg /1).
E. Categorical Standards. National pretreatment standards which specify
quantities or concentrations of pollutants or pollutant properties that may be discharged by
industrial users in specified industrial subcategories.
F. Class I Industrial User. Any nondomestic user who requires a significantly
greater level of administrative services and /or oversight by the District Source Control
Program than a Class II User, based on the unusual character of the wastewater due to its
volume, strength, composition, or its derivation from a hazardous waste or substance, or
the potential variability in the character of the wastewater, or on the potential for increased
administrative cost to the District due to the unusual character of the waste.
G. Class II Industrial User. Any nondomestic user of the District's wastewater
disposal system who (1) has a discharge flow of twenty -five thousand (25,000) gallons or
more per average work day, or (2) contributes process wastewater which makes up 5% or
more of the District treatment plant's average dry weather hydraulic or organic capacity; or
(3) has in its wastes hazardous pollutants, or (4) is subject to national pretreatment
standards, or (5) has in its untreated wastewater pollutants which are in excess of any
pretreatment standard or requirement, including any standard identified in this ordinance or
local limits set by resolution of the District Board, or (6) may, in the opinion of the District,
have a reasonable potential for adversely impacting, either singularly or in combination with
other contributing industries, the District's treatment plant or the ability of the District to
meet the objectives of this Ordinance or for violating any pretreatment standard or
requirement.
H. Class III Industrial User. Any nondomestic user who may, in the opinion of
the District, have an impact on the District's ability to meet the objectives of this Ordinance.
This impact may be of a lesser degree than for a Class 11 Industrial User due to the volume,
characteristics, or the nature of the process producing the waste. Any non - domestic user
who generates hazardous waste, whether or not said waste is, in the normal course of the
industrial process, discharged into the sanitary sewer system, may be considered a Class
III Industrial User. A nondomestic user may be classified as a Class III Industrial User if
any of the hazardous waste is being discharged into the sewer, or if, in the opinion of the
District, there is a potential for this waste to be discharged into the sewer, even through
accident in nonprocess or process of handling of the waste. This classification applies to,
but is not limited to, those industrial users who are not designated as Class I or Class II
Users and who are required to have a County Hazardous Waste Facility License. This
Class III Industrial User category shall also include industrial users who store or use
4
hazardous materials, whether or not a hazardous waste is produced in the industrial or
commercial process if, in the determination of the District, a potential exists for a significant
impact upon the District facilities due to a release of these materials into the environment.
This classification also applies to those industrial users not designated as Class I or Class
11 Industrial Users who are required by statute or county regulations to have a Hazardous
Materials Response Plan and Inventory. A Class III Industrial User shall also include all
varieties of non -- domestic users for which the General Pretreatment Regulations
promulgated by the EPA under a 40 CFR 403.8(f)(2)(iii) may require the District to provide
an Industrial User (IU) Notification regarding the applicability of RCRA requirements.
Class III Industrial Users may be individually designated by the District based on the
criteria set forth above or on categorization of the user as a member of a particular
business category. Examples of business categories which may be included in the Class
III Industrial User designation are: analytical and clinical laboratories, dry cleaners and
laundries, vehicle maintenance and repair facilities, printing and allied industries, photo
processors, and pesticide formulators and applicators.
I: Class IV Industrial User. Any non - domestic user who is not included within
the definitions and parameters of Class I, Class II, or Class III Industrial Users.
J. Collection System. The District pipelines, pump stations, manholes, and
other similar facilities which accept, collect, and convey sanitary sewage to the Treatment
Plant.
K. Constituent. A pollutant parameter that may be subject to monitoring or other
control measures by a user.
L. Cooling Water. The water discharged from any use such as air conditioning,
cooling, or refrigeration, or to which the only pollutant added is heat.
M. Daily Maximum Limit. The maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limits are expressed in units of mass, the
daily discharge is the total mass discharged over the course of the day. Where Daily
Maximum Limits are expressed in terms of a concentration, the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day.
N. Discharge or Indirect Discharge. The introduction of pollutants into a Publicly
Owned Treatment Works from any non - domestic source regulated under section 307(b),
(c) or (d) of the Act.
O. Discharge Prohibition. Regulatory strategy to control pollutant sources by
prohibiting the discharge to the sanitary sewer system rather than establishing numeric
discharge limits.
P. District. The Central Contra Costa Sanitary District.
5
Q. District Board. The Board of Directors and the Central Contra Costa Sanitary
District.
R. District Facilities. All of the District's system of collecting, conveying, and
treatment including, but not limited to, the collection system and treatment plant. This
includes any publicly owned facility connected to the District's collection system which
generates wastewater treated at the District treatment plant.
S. Domestic Wastewater. Domestic wastewater shall mean the liquid solid and
water - carried waste derived from ordinary living processes of humans of such character as
to permit satisfactory disposal, without special treatment, into the public sewer by means of
a private conveyance system. The strength shall be considered to have no more than 300
milligrams per liter (mg /1) BOD and suspended solids.
T. Environmental Protection Agency, or EPA. The U.S. Environmental
Protection Agency, or where appropriate, the term may also be used as a designation for
the administrator or other duly authorized official of said agency.
U. General Manager. The General Manager of the District or his duly authorized
representative.
V. Hazardous Pollutants. Any constituent or combination of constituents that is
classified as hazardous under state or federal regulations or is included on the federal list
of toxic pollutants as specified in CFR Title 40 Part 403.
W. Holding Tank Waste. Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, and vacuum -pump tank trucks.
X. Industrial User. Any contributor of industrial waste or wastewater.
Y. Industrial Waste or Wastewater. All water - carried wastes and wastewater of
the community, excluding domestic wastewater derived from any producing,
manufacturing, processing, institutional, commercial, agricultural, or other operation.
Industrial wastewater may also include wastes of human origin similar to domestic
wastewater which have been mixed with industrial wastes or wastewater prior to discharge
to the District's facilities.
Z. Limit. The maximum concentration of a pollutant allowed to be
discharged at any time, determined from the analysis of any discrete or composited sample
collected, independent of the industrial flow rate and the duration of the sampling event.
AAA. Interceptor. A precast or cast -in -place concrete containment device designed
to intercept, trap, or otherwise prevent grease, sand, flammable liquids, or other
substances potentially harmful to the sewerage system from entering said system.
AA-.BB. Interference. An act that harms or disrupts the facilities, processes, or
operations of the District; or has an adverse effect on the quality of the effluent, sludge, air
emissions, or other residuals generated by the District's facilities; or has an adverse effect
on the receiving waters; or is likely to endanger life, health, or property or otherwise cause
a nuisance; or results in violation of the District's NPDES permit or other permits; or, in the
opinion of the District, otherwise adversely affects the District's ability to meet the
objectives of Section 10.04.010 of this Ordinance. Interference can include, but not be
limited to, a discharge that causes or contributes to a violation of any requirement of the
District's NPDES permit (including an increase in the magnitude or duration of a violation)
or of the prevention of sewage sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued thereunder (or more stringent State
or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act
(SWDA) (including title II, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including State regulations contained in any State sludge
management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the
Toxic Substances Control Act and the Marine Protection Research and Sanctuaries Act.
i &CC. Mobile Service Provider. A person or business that provides mobile or
non - stationary services to commercial or industrial activities within the District's service
area that generate wastewater needing to be discharged into a sanitary sewer system.
The person or business providing the service may or may not have a base of operation in
the District's service area.
SC-DD. National Pretreatment Standard. Any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the
Act (33 U.S.C. 1317), which applies to industrial users.
BEE. National Pollution Discharge Elimination System or NPDES Permit. A
permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342).
€OFF. New Industrial User. A person who has not contributed or caused to be
contributed industrial waste or wastewater into District facilities from a given building,
structure, facility, or installation. A "new source," as defined below, is included within the
meaning of "new industrial user."
€EGG. New Source. A building, structure, facility, or installation from which
there is, or may be a discharge of pollutants, construction of which began after the
publication of the proposed pretreatment standards pursuant to Section 307(c) of the Clean
Water Act, which will apply to the - source if the standards are promulgated, in accordance
with that section provided that: (1) the source is constructed at a site at which no other
source is located; (2) the source totally replaces the process or production equipment that
causes the discharge of pollutants at an existing source; or (3) the production or
wastewater - generating process of the source are substantially independent of an existing
source at the same site. In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated with the existing plant and
the extent to which the new facility is engaged in the same general type of activity as the
existing source should be considered. See also New Industrial User and New User, supra.
GG-. HH. New User. A person who has not contributed or caused to be
contributed waste or wastewater into District facilities from a given building, structure,
facility, or installation. A "new source," as defined below, is included within the meaning of
"new user."
#III. Non - Significant Categorical User. An Industrial User that is subject to an
established Categorical Pretreatment Standard but that never discharges more than 100
gallons per day (gpd) of categorically regulated process wastewater, and complies with the
requirements in 40 CFR 403.3(v)(2) and 40 CFR 403.12(q).
4JJ. Notice of Violation. A document informing the user that it has violated the
District Source Control Ordinance and appropriate corrective action must be taken.
dJ KK.Ordinance. The term "this Ordinance" and /or "Source Control Ordinance"
and similar uses of the term "Ordinance" shall refer to the entirety of Title 10 of the Central
Contra Costa Sanitary District Code, including any and all amendments thereto.
ALL. Pass Through or Passes Through. A discharge w4ie4-that exits the
District wastewater system in quantities or concentrations w4isl4that, alone or with
discharges from other sources, have the reasonable potential to cause a violation of the
District's NPDES permit.
L-L—. MM. Person. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity, or any
other legal entity, or their legal representatives, agents, or assigns. The masculine gender
shall include the feminine, the singular shall include the plural where indicated by the
context.
MM NN. pH. The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in moles per liter of solution.
4WOO. Pollutant. Includes sewage or any characteristic of sewage and any
and all other waste substances, liquid, solid, gaseous, or radioactive, associated with
human habitation, or of human or animal origin, or from any commercial producing,
manufacturing, or processing operation of whatever nature.
9o-.PP. Pollution. An alteration of the quality of the waters of the State by
waste to a degree which unreasonably affects (1) such waters for beneficial use or (2)
facilities which serve such beneficial uses or which create a hazard to the public health.
P-P-.QQ. Pretreatment or Treatment. The reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of
the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
0
discharging or otherwise introducing such pollutants into District facilities. The reduction of
alteration can be obtained by physical, chemical, or biological processes, or process
changes by other means, except as prohibited by 40 CFR Section 403.6(d).
QQ RR. Pretreatment Requirement. Any substantive or procedural
pretreatment requirement, other than a National Pretreatment Standard, applicable to
industrial users.
ASS. Pretreatment Standard. Any regulation of the District, State, or EPA
containing pollutant discharge limits or other procedural or substantive requirements of the
user.
TT. Publicly Owned Treatment Works (POTW ). A treatment works as defined by
section 212 of the Act, which is owned by a State or municipality (as defined by section
502(4) of the Act). This definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid
nature. The term also means the municipality as defined in section 502(4) of the Act, which
has iurisdiction over the Indirect Discharges to and the discharges from such a treatment
works.
T-T-. UU. Slug Discharge. A discharge capable of causing adverse impacts to
the District, its workers, or the environment, or any pollutant including an oxygen -
demanding pollutant released in a discharge at a flow rate and /or pollutant concentration
which may cause interference with the operation of the District's sewerage system. The
discharge will be considered a slug discharge if the flow rate or concentrations or quantities
of pollutants exceed for any time period longer than fifteen (15) minutes or more than five
(5) times the average twenty -four (24) hour concentration, quantity, or flow during normal
operations. A slug discharge is considered to be a discharge of a non - routine, episodic
nature, including, but not limited to, an accidental spill or a non customary batch discharge.
Batch discharges are intentional, controllable discharges that occur periodically within an
industrial user's process (typically the result of a non - continuous process). Accidental spills
are unintentional, largely uncontrolled discharges that may result from leaks or spills of
storage containers or manufacturing processes in an area with access to floor drains
UU-.VV. Significant Industrial User (SIU). Any industrial user classified as a
Class I or Class II industrial user shall be a Significant Industrial User under the federal
pretreatment standards.
VV-.WW. Significant Noncompliance (SNC). Any violation of pretreatment
standards or requirements w#iGhthat, in the opinion of the District, constitutes significant
noncompliance. This shall include, but not be limited to, instances of chronic violations of
wastewater discharge limits, slug discharges, violations of compliance schedule
milestones, failure to provide compliance data, failure to accurately report noncompliance,
and any other violation or group of violations as more particularly set forth in Section
10. 16.110 of this Ordinance.
0
XX. Special Discharge Permit. A permit that authorizes temporary discharges to
the District's sanitary sewer system from sources that are not able to be discharged to a
municipality's storm drain system including but not limited to: groundwater remediation
system, groundwater monitoring well purge water, construction dewatering, pool
discharges, tank test water, temporary discharges of foundation drains or area drains while
permanent solutions for pollutants are developed, and water from reservoirs to enable
cleaning. The Special Discharge Permit will specify the conditions for acceptance of the
wastewater.
YY. Standard Industrial Classification (SIC). A classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of the President,
Office of Management and Budget.
X-X-. ZZ. State. State of California.
Y)LAAA. Storm Water. Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
BBB. Suspended Solids. The total suspended matter that floats on the
surface of, or is suspended in, water, wastewater, or other liquids, and which is removable
by laboratory filtering.
AAA.CCC. Trap. A cast iron or stainless steel containment device used for
trapping substances and to prevent grease, sand, or flammable liquids from entering the
sewerage system.
@gB-. DDD. Treatment Plant. Any facility owned by the District that is designed to
provide treatment to wastewater.
GGG,EEE. User. Any person who contributes or causes the contribution of
wastewater into District facilities.
BBD:FFF. Warning Notice. A document informing a user of a condition that is
either a minor violation, or if left unabated would become a violation., that identifies with
corrective actions eden+ified in the d,,,,Ument. Failure to correct the conditions identified in
a Warning Notice can result in issuance of a Notice of Violation.
€€EL.GGG. Waste Hauler. A transporter of wastes that n4aycould be illicitly
discharged to the sanitary sewer system that transports the wastes to an authorized
disposal /recycling facility provided that appropriate permits /licenses are obtained by the
accepting facility or agency. Examples of wastes that may be discharged to designated
locations at the District's sanitaiy sewer systerntreatment plant include wastes removed
from septic systems, portable toilet wastes, -aAd grease wastes removed from grease
removal devices at food service establishments, and wastes authorized for disposal under
a Special Discharge Permit.
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€- €€HHH. Wastewater. The liquid and water - carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities, and institutions, together
with any groundwater, surface water, and storm waterthat may be present, whether treated
or untreated, which is contributed into or permitted to enter the District's facilities.
VIII. Wastewater Discharge Permit. As set forth in Section 10.12.040 of
this Ordinance.
49W-.JJJ. Waters of the State. All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and all other bodies or accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow through, or border upon the
State or any portion thereof.
KKK. Zero Discharge. A practice of excluding the discharge from entering
the sanitary sewer system. Zero discharge can be applied to all process discharges from a
user or for specific process discharges.
10.04.030 Abbreviations.
The following abbreviations shall have the designated meanings:
BMPs -
Best Management Practices
BOD -
Biochemical Oxygen Demand
CCR -
California Code of Regulations
CFR -
Code of Federal Regulations
COD -
Chemical Oxygen Demand
EPA -
Environmental Protection Agency
L -
Liter
mg -
Milligrams
mg /L -
Milligrams per Liter
NOV -
Notice of Violation
NPDES -
National Pollutant Discharge Elimination System
POTW -
Publicly Owned Treatment Works
SDP -
Special Discharge Permit
SIC -
Standard Industrial Classification
USC -
United States Code
TSS -
Total Suspended Solids
TTO -
Total Toxic Organic
ug /L -
Micrograms per Liter
10.04.040 Ministerial Permit Issuance.
The District Boards determined that the issuance of wastewater discharge
permits pursuant to the provisions of this Ordinance is a ministerial act. The District Board
further finds that the act of entering into a permit contract is nonministerial.
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10.04.050 Severabilitv.
If any provision, paragraph, word, section, or article of this Ordinance is invalidated
by any court of competent jurisdiction, the remaining provisions, paragraphs, words,
sections, and chapters shall not be affected and shall continue in full force and effect.
10.04.060 Conflict.
All other ordinances and parts of other ordinances inconsistent or conflicting with
any part of this Ordinance are hereby repealed to the extent of such inconsistency or
conflict.
10.04.070 Repeal.
Chapter 9.16 of the District Code is hereby repealed on the effective date hereof
and all sections of the District Code, Ordinances, or parts of Ordinances, or the District
Code inconsistent with this Ordinance are hereby repealed to the extent that they are
inconsistent with the provisions of this Ordinance. However, nothing in this Ordinance
enacting this Title is intended to repeal, extinguish, suspend, or allow to elapse any
obligation or requirement set forth in existing permits or allow to elapse any obligation to
pay fees then due under the prior ordinances.
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Chapter 10.08
REGULATIONS
Sections:
10.08.010
Permissible Discharges.
10.08.020
General Discharge Prohibition.
10.08.030
Prohibited Effects.
10.08.040
Prohibited Substances or Characteristics.
10.08.050
Prohibited Discharge Location.
10.08.060
National Pretreatment Standards.
10. 8.070
Specific Pollutant Limitations.
10.08.080
State and Federal Requirements and Standards.
10.08.090
District's Right of Revision.
10.08.100
Excessive Discharge.
10.08.110
Slug Discharges.
10.08.120
'Hazardous Waste Discharges.
10.08.010 Permissible Discharges.
Wastewater may be discharged into public sewers for collection, treatment, and
disposal by the District provided that such wastewater discharge is in compliance with this
Ordinance and the conditions of any industrial wastewater permit and /or permit contract;
and further provided that the user pays all applicable District sewer fees and charges
including any penalties or charges assessed under this Ordinance. The District has the
authority to deny or condition new or increased contributions of pollutants or changes in
the nature of pollutants, to the District by Industrial Users where such contributions do not
meet applicable Pretreatment Standards and Requirements or where such contributions
would cause interference for the District, or cause the District to violate it's NPDES permit
either individually or in combination with other discharges.
10.08.020 General Discharge Prohibition.
No user shall contribute or cause to be contributed, any pollutant or wastewater
which will pass through the District's facilities or interfere with the operation or performance
of the District's facilities. This prohibition includes any type of pollutant or wastewater as
set forth in the prohibition sections of this Ordinance. These general prohibitions apply to
all users of the District's facilities whether or not the user is subject to national pretreatment
standards or any other national, state, or District pretreatment standards or requirements.
A user shall have an affirmative defense in any enforcement action brought against
it alleging a violation of the general prohibitions, including a violation of the specifically
prohibited effects or characteristics, where the user can demonstrate (1) that the user did
not know or have reason to know that its discharge, alone or in conjunction with a
discharge or discharges from other sources, would result in a violation of this Ordinance,
including a prohibited effect or prohibited characteristic ; and (2) the user was in
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compliance with the existing limits for each pollutant in its discharge that resulted in a
violation, or if there were no such existing limits, the user's discharge directly before and
during the violation did not change substantially from the user's prior discharges which
occurred when the District remained in compliance with its NPDES permit and with
applicable requirements for sewage sludge use or disposal.
10.08.030 Prohibited Effects.
A user may not discharge, or cause to be discharged, wastewater into any District
facility if it contains substances or has characteristics which, either alone or by interaction
with other wastewater, cause or threaten to cause:
A. Damage to District facilities.
B. Interference or impairment of operation or maintenance of District facilities.
C. Obstruction of flow in District facilities.
D. Hazard to human life.
E. Interference with treatment plant or disposal processes, including recycling or
any reclamation processes.
F. The treatment plant's effluent or any other product of the treatment plant such
as residues, sludge, ash, or scum, to be unsuitable for reclamation and reuse. In no case
shall substances discharged to the District facilities cause the plant to be in noncompliance
with sludge use or disposal criteria, guidelines, or regulations.
G. The District to violate its National Pollutant Discharge Elimination System
( NPDES) permit or the receiving water quality standards.
H. Flammable or explosive conditions.
I. A noxious or malodorous condition, a public nuisance, a hazard to life, or
conditions sufficient to prevent normal entry into the sewers or other District facilities for
maintenance and repair.
J. Objectionable coloration or other condition in the quality of the District's
treatment plant influent which interferes with or passes through the treatment plant.
K. Conditions which violate any statute, rule, regulation, or ordinance of any
public agency, relating to releases of hazardous wastes, hazardous substances, or other
pollutants to the environment when such release is to a publicly owned sanitary sewer.
L. Any alteration or change of the District's NPDES permit or any additional
regulatory supervision, intervention, or oversight of the District's operations.
M. Any alteration of the District's treatment plant processes.
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N. Any significant alteration of District operations, including but not limited to,
affecting the ability of the District to procure adequate insurance and /or subjecting the
District operations to significantly increased potential liability.
10.08.040 Prohibited Substances or Characteristics.
A user shall not discharge, or cause to be discharged, directly or indirectly to a
District facility any of the following:
A. Any liquids, solids, or gases which by reason of their nature or quantity are, or
may be, sufficient either alone or by interaction with other substances to cause fire or
damage to District facilities or to be injurious to human health and safety or to the operation
of District facilities. At no time shall a waste stream exceed a closed cup flash point of less
than one hundred forty degrees (140 °) Fahrenheit or sixty degrees (60 °) Centigrade using
the test method specified in 40 CFR Part 261.21. Also, at no time shall two (2) successive
readings on a combustible gas meter, at the point of discharge into the system (or at any
point in the system) be more than five percent (5 %) nor any single reading over ten percent
(10 %) of the Lower Explosive Limit (LEL) of the meter. The meter shall be properly
calibrated in accordance with the manufacturer's instructions using pentane as the
calibration standard. The materials which maybe prohibited if they cause explosive or fire
dangers as defined herein include, but are not limited to, gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, - ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides, or any other substance which is a fire
or explosion hazard.
B. Any solid or viscous substance in amounts or concentrations which may
cause or threaten to cause obstruction to the flow in a sewer or pass- through of, or
interference with, the operations of any District facilities such as, but not limited to,
feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, tar,
asphalt residues, residues from refining or processing of fuel or lubricating oil, petroleum
oil, nonbiodegradable cutting or machine oils, products of mineral origin, mud, cement
grout, glass, grinding or polishing wastes, grease, garbage with particles greater than one -
half inch (1/2 ") in any dimension, animal guts or tissues, paunch manure, bones, hair,
hides or fleshings, entrails, or whole blood.
C. Any wastewater having a pH less than 5.5 or equal to or greater than 11.5, or
wastewater having any other corrosive property capable of causing damage or hazard to
structures, equipment, humans, or animals.
D. Any wastewater containing hazardous pollutants in sufficient quantity, either
singly or by interaction with other pollutants, to injure or interfere with any wastewater
treatment process, constitute a hazard to human or animal health or safety, create an
adverse effect on the waters of the State, or to exceed the limitations set forth in a national
pretreatment standard.
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E. Any wastewater having a temperature which will inhibit biological activity in
the treatment plant resulting in interference or pass through, but in no case wastewater
which causes the temperature at the introduction into the treatment plant to exceed forty
degrees (40 °) Centigrade (one hundred four degrees (1040) Fahrenheit) or with a
temperature at the point of discharge to the District's collection system which exceeds
sixty -five degrees (65 °) Centigrade (one hundred fifty degrees (1500) Fahrenheit).
F. Any pollutants, including oxygen- demanding pollutants (BOD, COD, etc.)
released at a flow rate and /or pollutant concentration wthat alone or in combination
with others, may cause interference or pass through. Regardless of whether a slug load
causes or will cause interference or pass through, in no case shall a slug load have a flow
rate or contain concentrations or quantities of pollutants that exceed for any time period
longerthan fifteen (15) minutes, more than five (5) times the average twenty -four (24) hour
concentration, quantities, or flow during normal operation .
G. Any discharge which results in toxic gases, vapors, or fumes in a quantity that
may cause acute worker health and safety problems within any District facility.
H. Any noxious or malodorous liquids, gases, or solids.
I. Any wastewater containing any radioactive wastes or isotopes exceeding any
limits set forth in 10 CFR 20.2003.
J. Any storm water, groundwater, rainwater, street drainage, subsurface
drainage, yard drainage, diatomaceous earth filter backwash, or swimming pool drainage,
unless a specific permit is issued by the District. The District may approve such discharge
only when no reasonable alternative is available or such water is determined to constitute a
pollution hazard if not discharged to the sewer.
K. Any unpolluted water, including but not limited to cooling water, process water
or blow -down -from cooling towers or evaporative coolers, or any other unpolluted water
unless a permit for such has been obtained from the District prior to the discharge. The
District may approve the discharge of such water only when no reasonable alternative
method of disposal is available or such alternative, in the determination of the District, is
unacceptable.
L. Any septic tank waste, holding tank waste, portable toilet waste, grease
interceptor waste, or oil and sand interceptor waste, unless a permit is issued by the
District, or unless such sludge or waste is transported to the District by a permitted waste
hauler in accordance with the regulations set forth in Chapter 10.28 of this Ordinance.
M. Any waste defined as hazardous, by any definition set forth in federal and /or
state statutes or regulations, unless such waste has been delisted or decertified by the
appropriate federal or state agency, and /or a variance has been granted by the appropriate
federal or state agency, including provisions for discharge to a District facility, and said
variance provisions are approved by the District.
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N. Any substance, waste, wastewater, or constituent thereof as may be
specifically prohibited or prohibited by concentration levels as may be set forth in local
limits adopted by resolution of the District Board and a copy of said standards having been
placed on file at the District office.
O. Any substance, waste, wastewater, or constituent thereof which may by itself
or in combination with other discharges cause the District to violate any permit conditions
related to toxicity of the effluent or otherwise cause or contribute to the potential for toxic
substances being released from District facilities into the environment in toxic amounts.
P. The following constituents are subject to a discharge prohibition standard in
lieu of setting numeric discharge limits. The presence of these constituents documented
through approved analytical methods shall be a violation of this section and be subject to
corrective actions by the user to control the discharge of the constituent present.
Wastewater discharge permits may establish discharge prohibition(s) for constituents not
included in this section for specific Industrial Users.
a. Cyanide for unpermitted users
b. Dioxin compounds
c. Polychlorinated Biphenyls (PCBs)
d. Tributyltin (TBT)
e. Dieldrin
f. 4,4' -DDE
g. Perchloroethylene wastes and wastewaters from dry cleaner operations
10.08.050 Prohibited Discharae Location.
No user shall discharge any wastewater directly into a manhole or other opening in,
or connecting to, the District sewage system other than through sewer laterals or other
sewer connection approved by the District, unless a permit has been obtained for such
discharge. A permit will only be issued for such direct discharge in the event the discharge
is otherwise in compliance with provisions of this Ordinance and no other alternative is
reasonably available in the opinion of the District
10.08.055 Documentation of Proper Disposal
All industrial users, waste haulers and mobile service providers shall maintain
complete and accurate records documenting proper disposal of wastes, hazardous waste,
and wastewater that is generated in the District's service area and transported from the
original site of generation for disposal. The minimum documentation required shall include:
A. The location where the waste, hazardous waste, or wastewater was
generated;
B. The transporter's name and phone number;
C. Description and volume of the waste, hazardous waste, or wastewater; and
17
D. Name, location, and phone number of the facility where the waste, hazardous
waste, or wastewater was disposed.
10.08.060 National Pretreatment Standards.
The National Categorical Pretreatment Standards, as set forth in 40 CFR Chapter I,
Subchapter N, Parts 405 -471, are hereby incorporated by this reference into Title 10 of the
Code of the Central Contra Costa Sanitary District. The General Manager shall notify all
affected users of the applicable reporting requirements under Section 10.12.050.8. and
10.12.050.C. of the Ordinance. However, if the standards otherwise imposed under this
Ordinance are more stringent than the National Categorical Pretreatment Standards, the
more stringent standards shall apply.
10.08.070 Specific Pollutant Limitations.
No user shall discharge wastewater to a District facility which exhibits any
characteristic specifically prohibited by an action of the District Board, or any wastewater
containing constituents in excess of any specific constituent level limitations as may be set
by the District Board. Specific pollutant limitations regarding waste characteristics and /or
constituent limits shall be adopted by resolution. The specific pollutant limitations adopted
by resolution shall be daily maximum limits unless otherwise specified.
Any violation of a specific pollutant limitation as may be set forth in a District
resolution shall subject the user to the same administrative actions, penalties, and /or
enforcement actions as would be available for any other violation of this Ordinance. The
term "ordinance" as used elsewhere within this Source Control Ordinance, shall be read to
include the specific pollutant limitations as may be set forth by resolution.
10.08.080 State and Federal Requirements and Standards.
In the event that either state or federal requirements and standards for discharges to
District facilities are more stringent than the limitations, requirements, and standards set
forth in this Ordinance, the most stringent standard or requirement shall apply.
Modifications of the federal or state standards and requirements which are more stringent
than the limitations, standards, and requirements as set forth in this Ordinance and are
promulgated subsequent to the adoption of this Ordinance shall be applied to discharges to
District facilities at such time and in such manner as is set forth in Section 10. 12.040 of the
Ordinance.
10.08.090 District's Right of Revision.
The District reserves the right to establish by ordinance or resolution more stringent
limitations or requirements on discharges to the wastewater disposal system if deemed
necessary to comply with the objectives presented in this Ordinance. No revision of
limitations or requirements hereunder shall subject the District to civil liability or penalty for
interference with a vested right of any user.
18
10.08.100 Excessive Discharae.
No user shall ever increase the use of process water or, in any way, attempt to dilute
a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the national pretreatment standards, or in any
other pollutant- specific limitation developed by the District or State. An increase in the use
of process water which is reasonably proportional to increased production and which is
required for said increase in production, will not be considered an excessive discharge
hereunder.
10.08.110 Slua Discharaes.
A. All users shall be prohibited from allowing slug discharges, as elsewhere
defined herein, from entering the District's sewerage system.
B. Each user shall provide protection from slug discharges of restricted materials
or other substances regulated by this Ordinance. No user who commences contribution to
the sewerage system after the effective date of this Ordinance shall be permitted to
introduce pollutants into the system until the need for slug discharge control plans or
procedures has been evaluated by the District. Facilities to prevent slug discharges of
restricted materials shall be provided and maintained at the user's own cost and expense.
C. Certain users will be required to prepare Slug Discharge Prevention and
Contingency Plans (SDPC) containing at least the following information:
discharges.
1. A description of the discharge practices including nonroutine batch
2. A description of stored chemicals.
3. The procedures for promptly notifying the District of slug discharges,
including any discharge that would violate a specific discharge prohibition with procedures
for follow -up written notification within five (5) days.
4. If required by the District, procedures to prevent adverse impact from
accidental spills including maintenance and inspection of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site run -off, worker
training, building or containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and /or measures or equipment for emergency
response.
5. If required by the District, follow -up practices to limit the damage
suffered by the treatment plant or the environment.
These plans shall be submitted to the District for review and approval. All users
required to have SDPC plans shall submit such a plan within three (3) months and
complete implementation within six (6) months of notice regarding the requirements of such
plan. Review and approval of such plans and operating procedures shall not relieve the
19
user from the responsibility to modify the user's facility as necessary to meet the require-
ments of this Ordinance.
D. In the case of a slug discharge, it is the responsibility of the user to
immediately notify the District of the incident. The notification shall include location of the
discharge, type of waste, concentration and volume, and corrective action. The user shall
provide the District with a detailed, written report of this incident in a manner and within the
time frame as elsewhere provided in this Ordinance.
E. A notice shall be permanently posted on the user's premises advising the
employees whom to call in the event of a slug discharge. The user shall ensure that all
employees who may cause or allow such slug discharge to occur are advised of the
emergency notification procedure.
F. Each user who violates any of the requirements of the slug discharge
program, or allows a slug discharge to occur, shall be subject to the enforcement
provisions of this Ordinance.
10.08.120 Hazardous Waste Discharges.
All industrial users shall notify the District, the EPA Regional Waste Management
Division Director, and state hazardous waste authorities in writing, of any discharge to the
District's facilities of a substance, which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261 or as otherwise defined by state statute or regulation.
Such notification must include the name of the hazardous waste, the EPA
hazardous waste number, and the type of discharge (continuous, batch, or other). If the
industrial user discharges more than 100 kilograms of such waste per calendar month to
the District's facilities, the notification shall also contain the following information, if known:
(1) an identification of the hazardous waste constituents contained in the waste; (2) an
estimation of the mass and concentration of such constituents in the waste stream
discharged during that calendar month; and (3) an estimation of the mass constituents in
the waste stream expected to be discharged during the following twelve (12) months.
For existing industrial users, the above - delineated notification must be made by
February 19, 1991 or pursuant to existing federal regulations. Industrial users who
commence discharging after that date shall provide notification prior to obtaining a
discharge permit.
In the case of any notification made under this section, the industrial user shall
certify that it has a program in place to reduce the volume of toxicity of hazardous waste
generated to the degree it has determined to be economically practical.
Nothing contained in this section of the Ordinance is intended to modify the
prohibitions set forth in Section 10.08.040.N.
20
10.08.130 Best Management Practices (BMPs) to Control Discharges.
Industrial Users can employ Best Management Practices (BMPs) to effectively
control the discharge of pollutants to the District's facilities. The District may establish
BMPs for specific industrial users through condition(s) in the permit or permit contract. The
District may establish BMPs for a business activity that would apply to entire groups of
businesses such as vehicle service facilities or food service facilities. BMPs for business
activities will be communicated to the affected industrial users through informational
materials distributed during inspections, direct mailing, or the District's website. Industrial
users shall be responsible for complying with the business activity BMPs after being
informed by the District of their applicability to the industrial users operations. Industrial
Users subject to BMPs as a means of complying with the standards of this Ordinance shall
maintain documentation to demonstrate compliance with the applicable BMP standards.
21
Chapter 10. 12
ADMINISTRATION
Sections:
10.12.010
Wastewater Discharges.
10.12.020
Responsibility of Users.
10.12.030
Classes of Users.
10.12.040
Wastewater Discharge Permit.
10.12.050
Reporting Requirements for Permittee and Contract Permittee.
10.12.060
Monitoring.
10.12.070
Signatory Requirements.
10.12.080
Rights of Entry.
10.12.090
Pretreatment.
10.12.100
Publication of Users in Significant Noncompliance.
10.12.110
Records Retention.
10.12.120
Confidential Information.
10.12.010 Wastewater Discharaes.
It shall be unlawful to discharge without a District permit or permit contract to any
District facility any wastewater except as is authorized by the provisions of this Ordinance.
10.12.020 Responsibility of Users.
It shall be the responsibility of the user and /or discharger to comply with all of the
provisions of this Source Control Ordinance. The omission to act by the District and /or the
failure of the District to take cognizance of the nature of the operation of the user and /or
the properties of the user's wastewater shall not relieve the user of responsibility to comply
with the conditions of this Ordinance, including, but not limited to, such requirements
regarding permitting, pretreatment, monitoring, and reporting. It shall be the responsibility
of the user to make determinations as to the nature of its operation and wastewater flow
and to take such actions as may be required under this Ordinance prior to any discharge of
wastewater, whether or not the user has been informed by the District of the requirements
which may apply to the user regarding its discharge.
All industrial users who meet the definition of Class I or II and who are currently
connected or contribute to the District's facilities, or who propose to connect or contribute
to the District facilities, shall make application for a wastewater discharge permit. This
application shall be made before connecting to or contributing to the District's facilities, or
within ninety (90) days after the enactment of this Ordinance in the event the user is
currently connected and not currently permitted. All existing industrial users connected to
or contributing to the District's facilities and having a current wastewater discharge permit
shall be required to obtain a new permit or permit contract upon the expiration of their
existing permit.
22
All Class III Industrial Users maybe required to receive a permit in order to connect
to the District facilities or to continue to discharge to District facilities. At such time as the
District undertakes such a program to permit Class III Users, existing Class III Users will
be required to apply for a permit within ninety (90) days of notice to said users by personal
service, mail, or publication. Thereafter it shall be the responsibility of all Class III Users
prior to connection to obtain a permit.
Industrial User permits may be issued to mobile service providers that operate in the
District's service area in order to ensure that the wastewater generated is managed and
discharged in compliance with this Ordinance and applicable state and federal
requirements. The classification of the mobile service provider will be determined by
evaluating the quantity and quality of the wastewater discharged.
10.12.030 Classes of Users.
The District will classify all users in accordance with the principal activity conducted
on the premises where the discharge occurs. The purpose of the classification is to
facilitate regulation of discharges to District facilities on the basis of each user's waste
quality, quantity, and flow. The classification shall further provide a means of imposing an
appropriate level of oversight, control, and enforcement according to the source of the
discharge. The classification system will also allow equitable recovery of District capital
and operating costs for the Source Control Program. As set forth in the Definition section
of this Ordinance, there are two (2) categories of users; to wit, domestic users and
industrial users. Industrial users are categorized as Class I, II, III, or IV.
All users are subject to the prohibitions set forth in this Ordinance, with such federal
and state statutes and regulations as may apply, and the specific pollutant limitations as
may be promulgated by the District Board either by ordinance or resolution.
Domestic users under normal circumstances will not be required to apply for or
receive a wastewater discharge permit as defined in this Ordinance, providing that said
domestic user discharges only that wastewater which is consistent with the definition of
domestic wastewater set forth herein.
Industrial users may be subject to wastewater discharge permit requirements
depending on the volume, characteristics, and origin of their wastewater discharge.
Industrial users may be required to supply such information and data concerning their
processes, including discharge samples and wastes generated, as may be necessary for
the District to determine whether such user should be designated as Class I, II, III, or IV.
Industrial users must, if requested, provide such other information regarding the nature of
the entity, its operations, storage and use of chemicals, and storage and use of hazardous
substances, as may be reasonably necessary to make such determination as to the
classification of said user and whether a wastewater discharge permit is needed. The
District may also require information relating to potential for accidental discharges to a
District facility of hazardous or prohibited substances. Such inquiries may include
information regarding the current disposal procedures of the user with regard to chemicals
23
and /or substances w4ie�that are not in the ordinary course of the user's operations
discharge to a District facility.
The determination by the District regarding the designation of an industrial user as a
Class I User may be based on the unusual character of the wastewater due to its volume,
strength, composition, or its derivation from a hazardous waste or substance, or the
potential variability in the character of the wastewater, or on the potential for increased
administrative cost to the District due to the unusual character of the waste. Any additional
administrative costs to be considered may include increased potential for the administrative
oversight by federal, state, and local agencies as well as the potential for increased liability
exposure and associated legal costs. The District may also take into consideration
difficulties in enforcement of the Source Control Ordinance under a wastewater discharge
permit and the enforcement violation and compliance history of the user with the District, as
well as other regulatory agencies. The determination of the District regarding the
designation of an industrial user as a Class I I User may be based on whether the discharge
of the wastewater is equal to or greater than twenty -five thousand (25,000) gallons per
average work day flow, or whether the discharge has in its waste hazardous pollutants, or
whether the discharge is subject to national pretreatment standards, or whether it has in its
untreated wastewater pollutants which are in excess of any pretreatment standard or
requirement, including any pretreatment standard or requirement identified in this
Ordinance or local limit set by resolution of the District Board, or whether it may, in the
opinion of the District, have a significant impact, either singularly or in combination with
other contributing industries, on the District's ability to meet the objectives of this
Ordinance.
A determination by the District regarding the designation of an industrial user as a
Class III User may be based on the standards set forth in the definition of a Class III
Industrial User in this Ordinance. This determination may include, but not be limited to, the
issue of whether the user stores and /or uses hazardous substances in such quantities in its
industrial or commercial processes as may, in the determination of the District, have the
potential to be discharged to District facilities by accident or through a slug discharge,
causing a measurable increase in the amount of hazardous substances entering the
District's facilities. Non - Significant Categorical Users shall be classified as Class III
Industrial Users and shall operate under a Class III IU Permit.
A Class IV Industrial User shall include all industrial users who are not determined
by the District to be Class I, II, or III Industrial Users. Class IV Industrial Users shall be
subject to the requirements of this Ordinance; however, they will not be required to obtain a
wastewater discharge permit unless or until such time as they are reclassified as a Class I,
ll, or III Industrial User.
10.12.040 Wastewater Discharge Permit.
A. Permit Application.
Users required, or who may be required, to obtain a wastewater discharge permit
shall complete and file with the District an application in the form prescribed by the District.
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A new industrial permit fee may be assessed at the time of the application. Existing Class
I and Class II Users (except those with current permits) shall apply for a wastewater
discharge permit within ninety (90) days following the effective date of this Ordinance, and
new users shall apply at least thirty (30) days prior to connecting to or contributing to the
District's facilities. In support of the application, the user may be required to submit, in
units and terms appropriate for evaluation, some or all of the following information, but will
in all cases be required to submit items 16 and 17.
1. Name and address of the operator or owner and location of the facility
for which the permit application is being made.
2. SIC number(s) according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended, for all operations conducted at the
facility.
3. A list of all environmental control permits and hazardous substance
release response (spill) plans that are held by or for the facility.
4. Time(s) and duration of all process discharges.
5. Average daily and fifteen -(15) minute peak wastewater flow rates,
including daily, monthly, and seasonal variations if any. Flow rates shall be provided for
each regulated process stream.
6. Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, sewer connections, and appurtenances by the size, location, and
elevation.
7. Description of activities, facilities, and plant processes on the premises
including all materials w#iGh -that are, or could be discharged, provided such chemicals are
present in quantities sufficient to cause harm to the operations of the District or to the
environment if released. A description of any and all existing or proposed wastewater
pretreatment facilities. Construction drawings and design criteria shall also be submitted.
8. The nature and concentration of any pollutants in the discharge which
are limited by a District or State pretreatment standard or requirement or by a national
pretreatment standard, or which are otherwise requested by the District. Pollutant data
shall be provided for each regulated process stream. In the case of an existing user, a
statement regarding whether or not the pretreatment standards and requirements are being
met on a consistent basis and if not, whether additional operation and maintenance (O &M)
and /or additional pretreatment is required for the user to meet applicable pretreatment
standards and requirements. If sample data submitted with a permit application document
a discharge limit violation, the condition will be subject to citation with a Notice of Violation.
9. The nature and concentration of any pollutants in the discharge which
are limited by state or federal standards concerning the release or discharge of any
hazardous substance or waste.
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10. If additional pretreatment housekeeping, process changes, and /or
operations will be required to meet the pretreatment standards and requirements; the
shortest schedule by which the user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date established by
EPA, the State, or the District for the applicable standard.
The following conditions shall apply to this schedule:
a. The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the user to meet the applicable
standards (e.g., hiring an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction, completing
construction, etc.).
b. Not later than fourteen (14) days following each date in the
schedule and the final date for compliance, the user shall submit a progress report to the
General Manager including, as a minimum, whether or not the user complied with the
increment of progress to be met on such date and, if not, the date on which the user
expects to comply with the increment of progress, the reason for delay, and the steps being
taken by the user to return the construction to the schedule established.
11. Each product produced by type, amount, process or processes, and
rate of production.
12. Type and amount of raw materials processed (average and maximum
per day), provided such raw materials are present in quantities sufficient to cause harm to
the operations of the District or to the environment if released.
13. Number, type, and volume /amount of hazardous substances stored on
the premises and a description of the variety of the method of storage and /or the
containment device for such substances, provided such substances are present in
quantities sufficient to cause harm to the operations of the District or to the environment if
released.
14. A description of the spill protection and emergency response
procedures used or proposed to be used at the facility.
15. Number and classification of employees, hours of operation of plant,
and proposed or actual hours of operation of pretreatment system.
16. A signed statement of the authorized representative of the industrial
user applicant that the information presented in the permit application is true and accurate
to the best of the - authorized representative's knowledge, and that the applicant is or upon
connection will be in compliance with applicable pretreatment standards and requirements
on a consistent basis and if not, whether additional operation and maintenance (O & M)
and /or additional pretreatment is required for the applicant to meet such standards and
requirements.
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17. A signed certification of a qualified professional that the applicant is or
upon connection will be in compliance with applicable pretreatment standards and
requirements on a consistent basis and if not, whether additional O & M and /or
pretreatment is required for the applicant to meet such standards and /or requirements.
18. Any other information as may be deemed by the District to be
necessary to evaluate the permit application.
B. Permit Application Evaluation.
All new industrial users shall arrange for a District representative to conduct a walk -
through site inspection of the user's facilities during the ninety (90) day period prior to
connecting or contributing waste or wastewater to the District's facilities. New industrial
users shall submit to the District, within ninety (90) days after commencement of discharge
to the District's facilities, an analysis of said discharge delineating wastewater constituents
and characteristics including, but not limited to, those mentioned in Section 10.08 of this
Ordinance.
The District will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the District may
determine that no wastewater discharge permit is required, or the District may determine
that the user is e+theF _a Class I, Class II or Class III Industrial User. If the District
determines that the user is a Class II or Class III Industrial User, the District shall issue a
wastewater discharge permit subject to the terms and conditions provided in this
Ordinance. If the District determines that the user is a Class I User, the District will
promulgate a wastewater discharge permit contract subject to the terms and conditions
provided in this Ordinance.
C. Permit Conditions.
Permits may contain provisions, requirements and standards appropriate to carry
out the objectives of this Ordinance, including but not limited to, the following:
1. The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the District's facilities.
2. Limits on the average and maximum wastewater constituents and
characteristics. These limits may be based on pollutant concentration and /or mass and
may include prohibitions on discharge of said pollutants.
3. Limits on average and maximum rate and time of discharge or
requirements for flow regulation and /or equalization.
4. Requirements for installation and maintenance of sampling and flow
metering facilities.
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5. Requirements for monitoring programs which may include flow
metering, sampling locations, methods of sampling, frequency of sampling, number, types,
and standards for tests and reporting schedule.
6. Compliance schedules.
7. Requirements for submission of technical reports or periodic
compliance reports.
8. Requirements for maintaining and retaining plant records relating to
wastewater discharge, hazardous waste manifests, and as specified by the District and
chemical inventories.
9. Requirements for notification of the District of any new introduction of
pollutants or any change in plant processes or in the volume or character of the wastewater
constituents being introduced into District facilities.
10. Requirements for notification of slug or accidental discharges,
including discharge limit violations, or upset of the pretreatment facility.
11. Requirements for providing the District with design and construction
plans and specifications of the wastewater pretreatment facility whether proposed or in
existence.
12. Requirements for providing the District with plans and specifications of
the discharger's industrial or commercial operation and /or processes, including such other
information as the District may reasonably request that pertains to the industrial user's
operation.
13. Requirements for notification of any planned alteration of the proposed
or existing wastewater pretreatment system.
14. Requirements for the notification of the District of planned alterations
of the operations processes of the industrial user, which could result in an alteration of the
users process discharge or the potential for an accidental spill or slug discharge.
15. Requirements prohibiting bypass of the wastewater pretreatment
facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life,
injury, or severe property damage.
16. Requirement that the discharger_ notify the District prior to any
proposed bypass other than due to accident or emergency.
17. Requirements to have emergency spill plans on file with the District.
18. Requirements to certify that the industrial user has not discharged
through a District facility hazardous substances without a permit, which substances have
C.
been stored or used in the user's process and which the user contends will not, in the
ordinary course of the user's operation, enter the sewer system.
19. Requirements for re- sampling following a discharge violation and the
submittal of reports explaining the cause of the violation and the steps that have been or
will be taken to prevent a reoccurrence of the violation.
20. Requirements for providing access to District personnel at all
reasonable times to conduct sampling and /or inspection of any and all processes which
can contribute to the waste stream, including the actual wastewater discharge.
21. Requirements for providing the District with operation and
maintenance records for the wastewater pretreatment facility, including periodic updates,
as appropriate.
22. The prohibition of dilution as partial or complete substitute for
adequate treatment to achieve compliance with permit conditions.
23. Signatory requirements specifying the responsible corporate officer for
the industrial user.
24. Other conditions as deemed appropriate by the District to ensure
compliance with this Ordinance.
25. Technical provisions or requirements related to the wastewater
pretreatment facility which, in the opinion of the District, may be necessary to ensure the
adequacy and reliability of the wastewater pretreatment system. These technical
conditions may include conditions requiring continuous monitoring, training personnel,
alarm systems, automated shutoff, flow through monitoring, and /or provisions for
discharges in batch amounts only subsequent to sample testing.
26. Identification of applicable Best Management Practices (BMPs) to be
employed to control discharge quality from the processes used at the facility.
27. Identification of the wastes and wastewater that are subject to a
discharge prohibition standard.
D. Permits Duration.
Permits shall be issued for a specified time period, not to exceed five (5) years. A
permit may be issued for a period less than a year or may be stated to expire on a specific
date. The user shall be responsible to apply for permit reissuance a minimum of ninety
(90) days prior to the expiration of the user's existing permit. The District may initiate
permit reissuance priorto receiving an application from the user based on communications
between the user and the District. The terms and conditions of the permit may be subject
to modification by the District during the term of the permit as limitations or requirements as
identified in Section 10.08 are modified or other just cause exists. The user shall be
informed of any proposed changes in his permit at least thirty (30) days prior to the
29
effective date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
E. Wastewater Discharge Permit Contract.
The District shall require Class I Industrial Users to enter into a wastewater
discharge permit contract for connecting to or contributing wastewater to District facilities.
The wastewater discharge permit contract shall incorporate the provisions of this
Ordinance by reference including all requirements and standards as may be set forth
herein or promulgated by the District Board by resolution. The wastewater discharge
permit contract may contain all of the permit provisions set forth in Section 10.12.040.C. In
addition, the permit contract may contain additional provisions, including but not limited to,
the following:
1. Provisions for liquidated damages for discharges in violation of the
discharge prohibitions and limitations of this Ordinance and /or of such special prohibitions
or limitations as may be set forth in the permit contract. These liquidated damages
provisions may be proposed without regard to proof of pass- through, damage to the
environment, or interference with District facilities or operations and may be assessed on a
strict liability basis for violation of the noted provisions.
2. Requirements for providing proof of insurance, indemnification of the
District, and bonding in order to adequately protect the District, in its judgment, from the
potential of the increased exposure to liability due to the user's discharge.
3. Provisions for termination of the permit contract and wastewater sewer
service for violation of this Ordinance or other wastewater permit contract conditions.
4. Any and all other conditions as may be deemed appropriate by the
District to ensure compliance with all provisions of this Ordinance and the objectives set
forth herein.
F. Permit Modifications.
When a new National Categorical Pretreatment Standard is promulgated, the
wastewater discharge permit or permit contract of users subject to such standard shall be
revised to require compliance with such standard within the time for compliance prescribed
by such standard or within ninety (90) days, whichever is shorter. However, when the time
for compliance prescribed by such standard is longer than ninety (90) days, the users
subject to such standard may apply to the General Manager or his designee for an
extended time for compliance in a wastewater discharge permit or permit contract. The
General Manager or his designee may grant such an extension up to the time for
compliance set forth in the National Categorical Pretreatment Standards. Where a user,
subject to a national pretreatment standard, has not previously submitted an application for
a wastewater discharge permit as required by Section 10.12.050.13. of this Ordinance, the
user shall apply for a wastewater discharge permit within one hundred eighty (180) days
after the promulgation of the applicable national pretreatment standard. In addition, the
user with an existing wastewater discharge permit or permit contract shall submit to the
30
General Manager within one hundred eighty (180) days after the promulgation of an
applicable federal pretreatment standard the information required by Section 10.12.040.A.
In the event the District determines that it is necessary in order to comply with the
objectives of the Ordinance to impose more stringent limitations or requirements on
discharges to the wastewater disposal system than are set forth in an existing permit (for
reasons other than issuance of a new national pretreatment standard), the District shall
have the right to require such reasonable modifications of an existing permit to incorporate
such more stringent limitations or requirements. In the event such permit modification is
required, the user shall be provided with reasonable time to make such modifications to its
processes or procedures as may be required to meet the more stringent limitations and
requirements. After consultations with the user, a Compliance Schedule Agreement shall
be issued which would set forth a reasonable schedule for the user to comply with the
more stringent standards. If the permit modification will require construction or acquisition
of equipment related to pretreatment, the Compliance Schedule Agreement will provide for
up to one hundred eighty (180) days to comply; however, this period may be extended for a
period not to exceed an additional one hundred eighty (180) days upon determination by
the General Manager /Chief Engineer that good cause exists for an additional period. To
the extent that the user remains in compliance with the permit conditions in effect prior to
amendment during the compliance period, the user shall not be liable pursuant to the terms
of this Ordinance for noncompliance with the more stringent standards or requirements
during the period of the Compliance Schedule Agreement; provided that the user is also
complying with the terms of said Compliance Schedule Agreement.
G. Permit and Contract Transfer.
Wastewater discharge permits and wastewater discharge permit contracts are
issued to a specific user for a specific operation. A wastewater discharge permit shall not
be reassigned or transferred or sold to a new owner, new user, different premises, or a
new or changed operation without the prior approval of the District. However, nothing in
this section shall be construed to prevent the application of the terms and conditions of this
Ordinance, including enforcement penalties, from applying to a succeeding owner,
successor in interest, or other assigns of an existing contract of permit holder.
10.12.050 Reporting Requirements.
A. Notification of Slug Load or Accidental Discharge or Accidental Spill.
It is the responsibility of all industrial users to immediately telephone and notify the
District of any slug load or accidental discharge as defined in Section 10.08.040.F. of this
Ordinance. Notification shall include location of discharge, type of waste, concentration
and volume, and corrective actions.
Written Notice.
Within five (5) days following the accidental discharge or slug load, the user
shall submit to the General Manager a detailed written report describing the cause of the
incident and the measures to be taken by the user to prevent similar future occurrences.
31
Such notification shall not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to District facilities, fish kills, or any other
damage to person or property; nor shall notification relieve the user of any fines, penalties,
or other liability which may be imposed by this Ordinance or other applicable law.
2. Notice to Employees.
Users who are employers shall permanently post a notice on their bulletin
board or other prominent place advising employees of the user whom to call in the event of
such a discharge. The user shall ensure that all employees who may cause or suffer such
discharge to occur are advised of the emergency notification procedure.
B. Prior Notification of Change in Volume or Character of Wastewater.
All users shall promptly notify the District in writing (except in emergencies where
telephone notification is acceptable) prior to: (1) any new or increased discharge or any
change in nature of their discharge which discharge does not meet pretreatment standards
or requirements or has the reasonable potential to cause the District to violate its NPDES
permit or to cause problems to the District wastewater system; and (2) any substantial
change in volume or character of pollutants in their discharge, including listed or
characteristic hazardous wastes.
C. Baseline Report.
All Class I and II Industrial Users, subject to National Categorical Pretreatment
Standards, shall submit to the District a baseline report within one hundred and eighty
(180) days of the effective date of a National Categorical Pretreatment Standard or one
hundred and eighty (180) days after final decision on a category determination by EPA or
the State, whichever is earlier. The baseline report shall contain the information specified
in 40 CFR 403.12(b). The information required for application for a permit under Section
10.12.040.A. and /or for modification of a permit under Section 10.12.040.F. of this
Ordinance may fulfill the requirements of the baseline report. If in submitting information to
apply for or modify a permit, the user also intends to fulfill the requirements for the Baseline
Report, the user shall so state.
D. Compliance Report.
Within ninety (90) days following the date for final compliance with applicable
pretreatment standards or requirements or, in the case of a new user, following
commencement of the introduction of wastewater into District facilities, any user subject to
pretreatment standards or requirements shall submit to the District a report indicating the
nature and concentration of all pollutants in the discharge from the regulated process
which are limited by pretreatment standards or requirements, the average and maximum
daily flow for these process units, and the actual average production rate for these process
units. The report shall state whether the applicable pretreatment standards or
requirements are being met on a consistent basis and, if not, what additional operational
and maintenance changes and /or pretreatment is necessary to bring the user into
compliance with the applicable pretreatment standards or requirements. This statement
32
shall be signed by an authorized representative of the industrial user and a certified
qualified professional. Filing of this compliance report cannot relieve the user of any fines,
civil penalties, or other liability which may be imposed by this Ordinance or other applicable
law or failure to meet the applicable pretreatment standards or requirements subsequent to
the date for final compliance with such applicable standard.
E. Periodic Compliance Reports.
1. Class I and II Industrial Users shall submit a report to the District twice
a year or more frequently as specified in the permit or permit contract. Class III Industrial
Users may be required to submit periodic compliance reports depending on the nature of
their discharge. Periodic compliance reports shall be submitted within forty -five (45) days
of collection of the wastewater samples or by the due date specified in the permit. The
compliance report shall contain such information as may be deemed by the District to be
necessary to ensure compliance with the provisions of this Ordinance. Compliance reports
shall, at a minimum, contain the following:
a. The nature and concentration of pollutants which are limited by
pretreatment standards or requirements or which are specified in the permit or permit
contract for each regulated waste stream.
b. A record of average daily flow for the reporting period for each
regulated waste stream.
C. Such other wastewater effluent data as the user has obtained
since the last compliance report, whether or not that data is specifically required by the
user's permit or permit contract.
d. Methods utilized by the user in collecting the wastewater sample
for analysis, including but not limited to the sampling device(s) used, the sampling period,
the amount of each sample collected, sample handling and preservation techniques used,
and date of sample delivery to the laboratory for analysis.
e. In the event a sample from a periodic compliance report
indicates that a constituent is in violation of the allowable concentration levels as set forth
in the user's permit or permit contract, the user shall inform the District within the next
business day, repeat the sampling and pollutant analysis for the parameter in violation, and
submit in writing the results of this second analysis within thirty (30) days of the discovery
of the first violation. The initial sampling and analysis report shall be submitted within forty -
five (45) days of the initial sampling date with a cover report setting forth the causes of the
violation, the remedial actions taken to date in regard to the violation, and the scheduled
additional actions which will be implemented to prevent a reoccurrence.
2. The District may also at any time require a signed statement by the
user setting forth management practices and /or material usage practices which have an
effect on the nature, volume, and quality of the wastewater discharge and /or which
potentially will affect the ability to comply with pretreatment standards requirements.
33
3. The District may impose mass limitations on users where the
imposition of mass limitations are appropriate. In such cases, the report required under
subparagraph (a) above shall indicate the mass of pollutants regulated by pretreatment
standards or requirements in the effluent of the user. These reports shall contain the
results of all sampling and analysis of the discharge, including the flow, concentration, and
mass of pollutants regulated by the applicable pretreatment standard or requirement. The
user shall provide the actual average production rate of the regulated processes during the
reporting period.
10.12.060 Monitoring.
A. Monitoring Requirements.
Any user may be required to provide wastewater sampling and /or monitoring results or
to submit to monitoring by the District to assist the District in establishing the
appropriate class of the user and /or to evaluate compliance with the standards and
requirements of this Ordinance. Any wastewater sampling and /or monitoring results
shall be based upon data obtained through appropriate sampling and analysis
performed during the period covered by the report. Such data shall be representative
of conditions occurring during the reporting period.
1. Classification Sampling. All industrial users may be required to sample
and analyze their waste stream(s) to determine the appropriate class of the user.
Classification sampling shall be at the District's request. The number and type of samples
and pollutants analyzed shall be as specified by the District in order to adequately
characterize the users' wastewater discharge(s).
2. Baseline Sampling. All Class I and II industrial users shall sample and
analyze their regulated waste stream(s) as part of a permit application or modification of a
permit as specified in Sections 10.12.040.A. and 10.12.040.F. of this Ordinance. In
addition, all Class I and 11 Industrial Users required to submit baseline reports, as specified
in Section 10.12.050.13. of this Ordinance, shall sample and analyze their regulated waste
stream(s) in accordance with the requirements of 40 CFR 403.12(b). Samples shall be
analyzed for constituents or characteristics including, but not limited to, those mentioned in
Section 10.08 of this Ordinance and /or in applicable state pretreatment standards or
requirements or national pretreatment standards or as otherwise required by the District.
3. Initial Compliance Sampling. All Class I and II Industrial Users shall
sample and analyze their regulated waste stream(s) for the compliance report as specified
in Section 10.12.050.C. of this Ordinance. Samples shall be analyzed for those pollutants
regulated in the applicable pretreatment standard or requirement or as otherwise required
by the District.
4. Periodic Compliance Sampling. All Class I and II Industrial Users shall
sample and analyze their regulated waste stream(s) to evaluate compliance with the user's
permit or permit contract. Periodic compliance monitoring shall be conducted at least twice
34
each year unless specified more frequently in the user's permit or permit contract or in the
applicable National Categorical Pretreatment Standard. Less frequent self- monitoring can
be established in the user's permit or permit contract as allowed in 40CFR403.12(e).
If required, Class I I I Industrial Users shall sample and analyze their regulated
waste stream(s) to evaluate compliance with the user's permit.
Samples shall be analyzed for those pollutants regulated in the applicable
pretreatment standard or requirement or as otherwise required by the District. Categorical
Industrial Users may request to forgo monitoring for constituents with a Categorical
Pretreatment Standard provided that the requirements of 40 CFR 403.12(e)(2) are met.
For Industrial Users not subject to Categorical Pretreatment Standards, the District shall
specify the constituents to be monitored in the user's permit or permit contract which may
exclude parameters with a Local Discharge Limit that are not expected to be present in the
process discharge at levels of concern, and may include constituents that do not have a
Local Discharge Limit established. The District may allow Industrial Users to use an
approved Total Toxic Organic (TTO) Management Plan to establish operational procedures
to control discharges of TTO constituents so that monitoring for TTO compounds is not
required in a user's self- monitoring program.
5. Confirmation Sampling. Whenever sampling results indicate that the
user's regulated waste stream(s) is in violation of any pretreatment standard or
requirement, the user shall collect a second sample to assess the degree of violation. For
the second sample, the user need only analyze for the pollutant(s) found to be in violation.
The user shall provide the District with the results from the confirmation sampling within
thirty (30) days of the date the violation was discovered.
6. Sampling and Evaluation Program. If confirmation sampling indicates
a second violation, then the District may initiate a Sampling and Evaluation Program (SEP).
The SEP will be conducted by the District and may include collection of from three (3) to
five(5)samples. The SEP will establish whether there is continued noncompliance by the
user. Samples collected during the SEP may be analyzed for other pollutants in addition to
the pollutant(s) in violation.
7. Other Compliance Sampling. All Class I, II, and III Industrial Users
may be required by the District to conduct compliance sampling in addition to those
described above. This could include, but is not limited to, sampling required by the District
in an Enforcement Compliance Schedule Agreement.
8. District Sampling. The District may collect and analyze samples on its
own or request the user to split samples to evaluate compliance with this Ordinance or the
user's permit or permit contract. The District also reserves the right to conduct all sampling
and analysis for the user with all costs to be paid by the user. In the event that data
obtained by the District differs from data provided by the user, the District's data shall be
presumed accurate unless and until the user provides substantial evidence otherwise. In
the event that the District performs the sampling, whether announced or unannounced, the
35
user may request that the District split its samples and provide one of the split samples for
the user's independent analysis.
B. Sampling Procedures.
All sampling and testing undertaken for the purpose of compliance with the sampling
and reporting requirements of this Ordinance shall be undertaken in the manner set forth
herein. Except as otherwise provided in this section or as otherwise agreed in writing by
the District, samples for pH, cyanide, sulfide, phenols, oil and grease, and volatile organics
shall consist of grab samples. A minimum of four (4) grab samples shall be taken for the
referenced constituents throughout the entire process discharge period. The grab samples
for each of the referenced constituents shall be individually preserved and kept separate,
and shall be subsequently composited by the testing laboratory prior to analysis. For all
other pollutants, composite samples shall be taken through flow proportional composite
sampling techniques or time proportional composite sampling as specified in the permit or
permit contract, unless the permit or permit contract specifically authorizes alternative grab
or composite grab techniques. Time - proportional composite sampling shall occur with a
sampling frequency of at least one sample each half -hour throughout the entire process
discharge period, or a twenty -four (24) hour period as required by the District. Each
regulated waste stream shall be sampled and analyzed separately unless the user's permit
or permit contract allows for sampling and analyzing the combined waste streams.
The methods of obtaining the sample shall be specified by the District in the user's
permit or permit contract. As an alternative, a sampling program proposed by the user
shall be submitted to the District for review prior to initiating said program. The District may
state special sampling requirements as needed to ensure compliance with this Ordinance.
C. Analytical Procedures.
All samples shall be preserved and analyzed in accordance with the procedures for
the analysis of water /wastewater presented in the Code of Federal Regulations, Title 40,
Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants). Unless
approved otherwise by the District in writing, all analyses shall be performed by a
laboratory(s) certified by the State for the specific pollutants and matrix to be analyzed.
D. Sampling Records.
For each sampling event, the user shall record and maintain the following
information:
1. The date, exact place, method, and time of sampling and the names of
the person or persons taking the samples.
2. Sample preservation used.
3. The dates analyses were performed.
4. Chain of custody of sample.
0
5. Who performed the analyses.
6. The analytical techniques/ methods used.
7. The results of such analyses.
E. Monitoring Facilities.
The District may require to be provided and operated at the user's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of regulated
discharge. The monitoring facility shall be accessible to District staff at all times and
should normally be situated on the user's premises, but the District may, when such a
location would be impractical or cause undue hardship on the user, allow the facility to be
constructed in the public street or sidewalk area and located so that it will not be obstructed
by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, sampling, and
measuring equipment shall be maintained at all times in a safe and proper operating
condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the District requirements and all applicable
local construction standards and specifications.
10.12.070 Signatory Requirements.
All applications and reports from all Industrial Users, and other information
submitted to the District from Significant Industrial Users to document compliance with the
permit, permit contract or this Ordinance must contain the following certification statement:
"I certify under penalty of perjury that this document and all attachments
were prepared under my direction or supervision and in accordance with the
system designed to ensure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person(s)
who manages the system; or those directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for knowingly submitting false information, including the possibility
of fine and /or imprisonment for knowing violations."
This statement shall be signed by an authorized representative of the industrial user
as defined in 40 CFR 403.12(1)(1 -4).
10.12.080 Rights of Entry.
The District has the right of inspection of the facilities of any user to ascertain
whether the objectives of this Ordinance are being met and all standards and requirements
37
are being complied with. Persons or occupants of premises where wastewater is
generated or discharged, or where hazardous substances or hazardous wastes are
present, shall allow the District or its representative ready access at all reasonable times to
all parts of the premises for the purposes of inspection, sampling, taking photographs to
document conditions, analysis, records examination and copying, or the performance of
any of his /her duties. The District, or its authorized representative, accompanied by such
other representatives of other public agencies as may be appropriate, shall have the right
to set up on the user's property such devices as are necessary to conduct sampling
inspection, compliance monitoring, and /or metering operations. Where a user has security
measures in force which would require proper identification and clearance before entry
onto their premises, the user shall make necessary arrangements with their security guards
so that upon presentation of suitable identification, personnel from the District, along with
other authorized representatives, will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities.
Such inspection(s) shall be made with the consent of the owner or possessor of
such facilities or, if such consent is refused, with a warrant duly issued pursuant to the
procedures set forth in Title 13 (commencing with Section 1822.5) of part 3 of the Code of
Civil Procedure; provided, however, that in the event of an emergency affecting public
health or safety, such inspection may be made without consent or the issuance of a
warrant. To the extent that the owner or possessor of the premises requires that a warrant
be r°,�edobtained, the District may, in its discretion, suspend the permit and /or any other
right to discharge to sanitary facilities immediately, and such suspension may continue until
such time as a warrant has been ~°obtained and the inspection has been completed.
If no violations of this Ordinance, the District Code or the permit, if applicable, are found,
the suspension shall be lifted. In the event that violations of this Ordinance, District Code,
or the permit, if applicable, is found, then the suspension may, in the discretion of the
District, be continued or terminated, or other enforcement remedies may be sought.
The District may choose to inspect the facility to determine compliance with all
standards set forth in this Ordinance, the District Code, and permit, if applicable, and
additionally, such inspections may be undertaken to verify the wastewater flows and
strengths reported by the discharger.
10.12.090 Pretreatment.
Users shall provide necessary wastewater treatment as required to comply with this
Ordinance and shall achieve compliance with all national pretreatment standards within the
time limitations as specified by the federal regulations, or this Ordinance or the permit or
permit contract, whichever is earliest. Any facilities required to pretreat wastewater to a
level acceptable to the District shall be provided, operated, and maintained at the user's
expense. Detailed plans showing the pretreatment facilities and operating procedures shall
be submitted to the District for review, and shall be acceptable to the District before
construction of the facility. The review of such plans and operating procedures will in no
way relieve the user from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the District under the provisions of this Ordinance. Any
38
subsequent changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the District prior to the user's initiation of the changes.
10.12.100 Publication of Users in Significant Noncompliance.
Pursuant to federal requirements, the District shall annually publish in a newspaper
of general circulation that provides meaningful public notice within the jurisdictions served
by the District a list of the users which were in significant noncompliance with any
pretreatment requirements or standards during the twelve (12) previous months. The
notification shall also summarize any enforcement actions taken against the user(s) during
the same twelve (12) months.
10.12.110 Records Retention.
All records relating to compliance with pretreatment requirements or standards shall
be made available to officials of the EPA, State, and District, or their authorized
representatives. These records shall be retained for a minimum of three (3) years from the
date of the compliance report to which these records are applicable or three (3) years from
the date any investigation or enforcement action undertaken by the District, State, or EPA
has been concluded, except when there is unresolved litigation regarding the user or the
District to which such records are relevant, or a request of the General Manager of the
District for a longer retention, in which cases the records shall be retained until the litigation
is concluded (including the expiration of all periods of limitation and of all appeals) or as
requested by the General Manager.
10.12.120 Confidential Information.
Information and data on a user obtained from reports, questionnaires, permit
applications, permits, monitoring programs, and inspections shall be available to the public
or other governmental agency without notification unless the user specifically requests
confidentiality and is able to demonstrate to the satisfaction of the District that the release
of such information would divulge information, processes, or methods of production entitled
to protection as trade secrets of the user.
The portions of such information which might disclose trade secrets or secret
processes shall not be made available for inspection by the public but shall be made
available upon request to other governmental agencies for uses related to this Ordinance,
the National Pollutant Discharge Elimination System (NPDES), and /or the pretreatment
program. Those portions of the information shall also be available for use by the State or
any state agency in judicial review or enforcement proceedings involving the user
furnishing the information. Wastewater constituents and characteristics will not be
recognized as confidential information.
Information and data requested from a user which the user believes to be
proprietary and the release of which to the public would substantially impair the operations
of the user, may alternatively be provided to the District for its review at the facility of the
user rather than provided to the District for its keeping, at the discretion of the District. The
burden will be on the user to demonstrate to the satisfaction of the District that such
39
information is proprietary and that this alternative procedure is necessary or appropriate
and will not prevent the District from properly carrying out the objectives of this Ordinance.
In any event, information accepted by the District as confidential, shall not be
transmitted to anyone, except the Environmental Protection Agency, the State Water
Quality Control Board, and /or the Regional Water Quality Control Board, until and unless a
ten (10) day notification is given to the user.
10. 12.130 Permit by Rule for Community Carwash Fundraisers.
Notwithstanding other provisions of this Title 10 prohibiting discharges without
obtaining a District permit, a temporary carwash conducted for the purposes of raising
funds for a community organization will be deemed to have a permit by this rule
authorizing the discharge of wastewater to the sanitary sewer system if the criteria of
this Section are met. For purposes of this Section, a community organization is any
non - profit organization exempt from certain federal income taxes under 25 U.S.C. §
501(c), any registered youth organization or church or school group.
A community organization is authorized to discharge pursuant to this Section
10. 12.130 without prior approval or formally obtaining a permit from the District provided
that it complies with best management practices for car washes. A list of the best
management practices for charity car washes is provided on the District's website at
www.centralsan.org or may be obtained by contacting personnel in the District Source
Control Program.
40
Chapter 10.16
ENFORCEMENT
Sections:
10.16.010 Enforcement Mechanisms.
10.16.020 Informal Administrative Actions.
10.16.030 Administrative Orders and Compliance Schedules.
10.16.040 Sampling and Evaluation Programs.
10.16.050 Assessment of Charges for Obstruction or Damage to District
Facilities or Operations.
10.16.060 Suspension or Termination of Service.
10.16.065 Administrative Civil Penalties.
108 16.070 Civil Action.
10.16.080 Criminal Action.
10.16.090 Notification Procedures.
10.16.100 Costs.
10.16.110 Responding to Significant Noncompliance.
10.16.010 Enforcement Mechanisms.
It is the intent of this Enforcement section to provide adequate mechanisms to
achieve a maximum degree of compliance with this Ordinance by all users. These
enforcement provisions apply to all classes of users to the extent such user violates any
provision of this Ordinance or administrative order of the District pursuant to this
Ordinance. In order to achieve the maximum degree of compliance desired, the District will
use a variety of enforcement mechanisms. The enforcement mechanisms set forth range
from informal administrative action to formal criminal prosecution. The District may, in its
discretion, implement the use of any mechanism or the concurrent use of several
mechanisms in order to enforce the provisions of this Ordinance. The enforcement
mechanisms provided herein may be cumulative in respect to such other enforcement
mechanisms or civil and criminal penalties as may be otherwise available under the laws of
the State of California and the United States of America. Nothing in this Ordinance is
intended to prevent state and /or federal regulatory agencies from undertaking enforcement
actions as may otherwise be available due to a violation of this Ordinance which also
constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean
Water Act (33 U.S.C.A. '1251, et seq.); (2) the California Porter - Cologne Water Quality Act
(California Water Code'13000, etseq.); (3) the California Hazardous Waste Control Law
(California Health and Safety Code '25100 - '25250); (4) the Resource Conservation and
Recovery Act (42 U.S.C.A. '6901, et seq.); and (5) California Government Code '54739 -
'54740.6. The referenced state and federal laws, along with other pertinent laws, provide
authority for the District's enforcement mechanisms.
The enforcement mechanisms available to the District for violations of the provisions
of this Ordinance, applicable District resolutions, and permit or permit contract provisions
include the following:
41
A. Informal administrative action (including NOVs and warning notices).
B. Administrative orders.
C. Institution of Sampling and Evaluation programs, Enforcement Compliance
Schedule Agreements, and related administrative orders.
D. Assessment of charges for obstruction or damage to District facilities or
operations.
E. Suspension or termination of services.
F. Administrative complaints for administrative civil penalties.
G. Civil action.
H. Criminal action.
10.16.020 Informal Administrative Actions.
District staff may, on an informal basis, take action against a discharger for minor
violations or technical or clerical shortcomings of a user or a user's compliance submittals.
These informal administrative actions may include informal notices (i.e., telephone calls to
the user's representative), a Notice of Violation (NOV), and informal meetings or informal
warning letters. These informal administrative actions may establish a compliance
schedule for the discharger to follow in order to document compliance. Such action will not
prevent a subsequent or concurrent imposition of other enforcement mechanisms.
10.16.030 Administrative Orders and Compliance Schedules.
When the District finds that a user has violated the prohibitions or requirements of
this Ordinance or the provisions of a wastewater discharge permit or wastewater discharge
permit contract, the District may issue an administrative order directed at those users not
complying with such prohibitions, limitations, requirements, or provisions to (1) cease to
discharge immediately (suspension of service); (2) comply with requirements immediately;
or (3) make such changes to their pretreatment facility and procedures immediately as to
insure full compliance.
At its discretion, the District may later issue, after the issuance of the administrative
order set forth above, an additional administrative order containing a compliance schedule
or a time schedule setting forth dates by which specific corrective actions must be
completed.
42
10.16.040 Sampling and Evaluation Programs.
A. Grounds for Instituting Sampling and Evaluation (S & E) Programs.
In addition to those grounds set forth in Section 10.12.060 A.6, grounds for
instituting an S & E Program include compliance sampling or District sampling indicating a
significant non - compliance (SNC). The S & E Program may consist of District sampling of
the discharger's wastewater at the first opportunity convenient to the District, upon which
daily samples may be taken for up to five (5) days. The District or outside laboratory will
analyze these samples for the violating constituents and provide notice to the discharger in
regard to the results of said sampling. Violations which may occur during the S & E
Program shall constitute subsequent violations under this Ordinance or under any
applicable law.
B. S & E Program Revealing Noncompliance.
If the S & E Program reveals non - compliance by the user with the prohibitions or
specific pollutant limitations specified in this Ordinance or in the user's permit or permit
contract:
1. The user may be assessed all costs incurred during the S & E
Program for sampling and analysis, including labor, equipment, materials, outside services,
and overhead.
2. The District may place the user on a compliance schedule or
undertake another S & E Program. The compliance schedule shall provide for minimum
required actions to be undertaken by the discharger to alleviate the violation and a
schedule for completion of said actions. The compliance schedule may include interim
constituent level maximums. All violations of constituent maximums or other requirements
set forth in the compliance schedule, including failure to meet schedule dates shall
constitute violations of this Ordinance and other applicable laws, and each day a
discharger fails to meet a schedule date shall constitute a separate violation. Any
constituent limit violation during the compliance schedule period shall provide grounds for
the institution of an additional S & E Program.
3. The District may amend an existing permit through an Enforcement
Compliance Schedule Agreement. This maybe done after consultation with the user when
the user has shown good faith in trying to comply but requires additional time for
construction and /or acquisition of equipment related to pretreatment. The permit may be
amended with the ESCA for a period of up to one hundred eighty (180) days; however, this
period may be extended for a period not to exceed an additional one hundred and eighty
(180) days upon determination by the General Manager /Chief Engineer that good cause
exists for an additional period. No further extensions shall be granted except upon
approval of the Board of Directors.
4. Any other enforcement mechanism set forth in this Ordinance or other
applicable law may be commenced.
43
C. Continued Noncompliance After S & E Program or ESCA.
If a discharger remains in non - compliance because corrective action is not taken
within a reasonable time after completion of an S & E Program or the expiration of an
ESCA, an Administrative Order may be issued. Any of the other enforcement mechanisms
set forth in this Ordinance or applicable laws may also be commenced.
10.16.050 Assessment of Charges for Obstruction or Damage to District Facilities or
Operations.
When a user's discharge, whether due to negligence, accident, spill, or otherwise,
causes an obstruction, damage, or any other impairment to the District's operation or
facilities, the District may impose a charge on the user for the cost to clean or repair the
facility, or costs incurred to resume normal operations. An administrative service fee of
twenty -five percent (25 %) of the District's costs may be added to these charges. The total
amount shall be paid within forty -five (45) days of invoicing by the District. If it can be
shown that the user's discharge caused or significantly contributed to the District violating
its discharge requirements or incurring additional expenses or suffering loss or damage to
the operation or facilities, then the user shall be responsible for any costs or expenses, or a
prorated portion of such expenses, including assessments or penalties imposed by other
agencies or the court on the District.
10.16.060 Suspension or Termination of Service.
A. Suspension of Service.
The District may suspend the wastewater treatment service and /or a wastewater
discharge permit or permit contract by issuance of a cease and desist order when the
District makes the determination that such suspension is necessary. A suspension shall be
justified in order to prevent an actual or threatened discharge which presents or may
present an imminent or substantial endangerment to the health or welfare of individuals or
the environment, causes or may cause interference to the treatment plant or other District
operations, or causes or may cause the District to violate any condition of its NPDES
permit. Additionally, a permit may be suspended for any of the conditions set forth
justifying revocation of permit or termination of permit contract as set forth in Section
10.16.060.B. Nothing in this paragraph will limit the rights of the District to suspend or
terminate service pursuant to specific permit or permit contract conditions which may be
more stringent.
Any industrial user notified of a suspension of service and /or the wastewater
discharge permit or permit contract shall immediately stop or eliminate the discharge. In
the event of a failure of the user to comply voluntarily with the administrative order, the
District shall take such steps as deemed necessary to prevent or minimize damage to the
District's facilities or endangerment to persons or the environment. The District may
reinstate the wastewater discharge permit, permit contract, and /or the wastewater
treatment service upon proof of the elimination of the non - complying discharge.
44
B. Revocation of Permit/Termination of Permit Contract.
Any user who violates the following conditions is subject to having its permit revoked
or permit contract terminated:
1. Any user who knowingly gives or provides a false statement,
representation, record, report, plan, or other document to the District or falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method required underthis
Ordinance;
2. Failure of a user to factually and completely report the wastewater
constituents and characteristics of its discharge;
3. Failure of the user to report significant changes in operations or
wastewater constituents and characteristics;
4. Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring;
5. Failure of a user to notify the District immediately of an accidental
discharge and /or take appropriate corrective action to prevent a reoccurrence;
6. Failure of a user to file a periodic compliance report or periodic
compliance report in such time and in such manner as is required by this Ordinance;
7. Significant violation(s) of the permit or permit contract requirements or
conditions and /or violation of this Ordinance. Any violation of the discharge standards
where a constituent concentration is determined to be five (5) times the concentration
standard set forth in Exhibit "A" or any series of three (3) or more violations of the same
constituent within a one- (1) year period, shall constitute a significant violation;
8. Failure to pay fees and charges or penalties established pursuant to
this Ordinance.
C. Immediate Termination of Discharge.
In the case of an actual or threatened discharge which reasonably appears to
present an imminent danger to the health or welfare of persons, the environment, or the
District or its employees or contractors, the District may, after reasonably attempting to
informally notify the user, take all necessary steps to halt or prevent such discharge
including, but not limited to plugging or physically disconnecting the user's access to the
District wastewater system.
10.16.065 Administrative Civil Penalties.
Pursuant to the authority of California Government Code Sections 54739 to
54740.6, the District or District staff may issue administrative complaints, conduct
administrative hearings, and /or impose civil penalties in accordance with the procedures
45
set forth in these sections for violation of the District's requirements relating to pretreatment
of industrial waste or the prevention of the entry of industrial waste into the District's
collection system or treatment works.
These penalties shall be as follows:
A. In an amount which shall not exceed two thousand dollars ($2,000) for each
day for failing or refusing to furnish technical or monitoring reports.
B. In an amount which shall not exceed three thousand dollars ($3,000) for each
day for failing or refusing to timely comply with any compliance schedule established by the
District.
C. In an amount which shall not exceed five thousand dollars ($5,000) per
violation for each day for discharges in violation of any waste discharge limitation, permit
condition, or requirement issued, reissued, or adopted by the District.
D. In an amount which does not exceed ten dollars ($10) per gallon for
discharges in violation of any suspension, cease and desist order, or other orders, or
prohibition issued, reissued, or adopted by the District.
Unless appealed, orders setting administrative civil penalties shall become effective
and final upon issuance thereof, and payment shall be made within thirty (30) days.
As to court actions authorized bythe above - referenced sections, District Counsel, or
other special counsel designated by the District Board, shall institute appropriate actions to
effect statutorily authorized remedies, upon order of the District Board.
10.16.070 Civil Action.
The District Board may direct District counsel or other special counsel to bring such
civil actions as may be available at law or in equity in any court of competent jurisdiction to
enforce the provisions of this Ordinance and to recover such charges, fees, penalties,
and /or damages as may be assessed or may be incurred under the provisions of this
Ordinance.
A. Injunction.
Whenever a discharge of wastewater is in violation of the provisions of this
Ordinance, the District may petition the Superior Court for issuance of a preliminary of
permanent injunction, or both, as may be appropriate in restraining the continuance of such
discharge.
B. Civil Actions for Penalties.
Any user who violates any provision of this Ordinance, permit condition or permit
contract condition, or who violates any cease and desist order, prohibition, or effluent
limitation, shall be liable civilly for a penalty not to exceed twenty -five thousand dollars
46
($25,000) for each day in which such violation occurs pursuant to California Government
Code Section 54740. Pursuant to the authority of the Clean Water Act, 33 U.S.C.A.
Section 1251, et seq. any user committing a violation of any provision of this Ordinance,
which is also a violation of a pretreatment standard, effluent standard, or limitation or other
applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed
twenty -five thousand dollars ($25,000) per violation for each day in which such violation
occurs. District counsel, or other special counsel designated by the Board, upon order of
the District Board, shall institute such actions as may be appropriate in the appropriate
court to impose, assess, and recover such sums.
C. Other Civil Actions.
The District may require compliance with permit conditions or limitations by issuing
administrative orders, including cease and desist orders and compliance schedules. Said
orders are enforceable in a California court of general jurisdiction. The District, however,
may directly undertake any court action available at law or equity, including but not limited
to a civil action for penalties without first seeking an administrative order or making use of a
compliance schedule, and it may concurrently undertake such administrative and court
actions as deemed appropriate.
10.16.080 Criminal Action.
A. General Criminal Penalties. Any person who violates any provision of this
Ordinance, permit, or permit contract, or who violates any Administrative Order, prohibition,
or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a
fine not to exceed one thousand dollars ($1,000) or imprisonment for not more than thirty
(30) days in the county jail, or both. Each day a violation occurs may constitute a new and
separate offense and may subject the violator to an additional full measure of penalties as
set forth herein.
B. Falsifying Information. Any person who knowingly makes any false
statements, representations, or certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this Ordinance, or wastewater
discharge permit, wastewater discharge permit contract, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required under this
Ordinance, shall upon conviction be punished by a fine of not more than one thousand
dollars ($1,000) or imprisonment for not more than thirty (30) days, or both. Each separate
act of falsification, tampering, or knowingly rendering inaccurate any device or method,
shall constitute a new and separate offense and shall be subject to the penalties contained
herein.
Nothing in this section is intended to exclude the potential for prosecution underthe
applicable perjury statutes of the State of California to the extent such falsification was
incorporated in a document signed under the penalty of perjury.
47
10.16.090 Notification Procedures.
A. Notification to User. Whenever the District finds that any user has violated or
is violating the provisions of this Ordinance, a wastewater discharge permit, wastewater
discharge permit contract, or any prohibition, limitation, or requirements contained herein,
the District may serve upon such person a written notice stating the nature of the violation.
Within thirty (30) days of the date of this notice, a plan for the satisfactory correction of the
violation shall be submitted to the District by the user.
Whenever the District assesses a penalty or other form of enforcement action under
the provisions of this Ordinance, the District shall serve upon such user a written notice
stating the nature of the enforcement action being taken.
B. Notification to District. When a user discovers that it has violated or is
violating a provision of the Ordinance, its wastewater discharge permit, its wastewater
discharge permit contract, or any prohibition, limitation, or requirement contained therein,
including a violation as may be caused by accidental discharge or spill, the user shall
immediately notify the District upon discovery of such violation. Thereafter, within five (5)
days following the accidental discharge or discovery of a violation, the user shall submit to
the District a detailed, written report, describing the accidental discharge or violation, and
the measures taken by the user to prevent similar future occurrences. This written report
regarding the violation may be included as a part of a periodic compliance report, or other
report as may be required under this Ordinance, as long as the written report is provided
within the five (5) days of discovery, which notification shall not relieve the user of any
expense, penalty, fee, or other liability which may be incurred as a result of the violation.
10.16.100 Costs.
All costs associated with the District's undertaking of enforcement actions pursuant
to this Ordinance, including attorney's fees for civil actions undertaken, shall be paid by the
user. These costs may include but not be limited to the costs for termination of service,
reinstitution of service, compliance sampling and analysis, and administrative activities
undertaken by the District. However, if the user prevails in an appeal to the Board of
Directors or a civil action taken to nullify an enforcement action pursued by the District
under this Ordinance, the user shall not be responsible for the costs incurred by the District
in pursuing said enforcement action.
10.16.110 Responding to Significant Noncompliance.
Any violation of pretreatment standards or requirements (limits, sampling, analysis,
reporting and meeting compliance schedules, and regulatory deadlines) is an instance of
noncompliance for which the industrial user is liable for enforcement including penalties.
However, the District is required to identify violations or patterns of violations by industrial
users that are deemed to be instances of significant noncompliance (SNC). To the extent
that a violation or pattern of violations is determined to be significant noncompliance, the
District shall give additional priority to enforcement actions with regard to that industrial
user. Additionally, the determination of significant noncompliance shall be used as the
48
basis for reporting same to the regulatory authorities and publishing of the list of significant
noncompliers as is required of the District by law. For purposes of this provision, a
Significant Industrial User (or any Industrial User that violates sections 10.16.0110 A. 3 or
4, or 10.16.0110 E.) is in significant noncompliance if its violation meets one or more of the
following criteria:
A. Violations of Wastewater Discharge Limits.
1. Chronic Violations. Violations in which 66 percent or more of all the
measurements taken for the same pollutant parameter during a 6 month period exceed (by
any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous
limits, as defined by 40 CFR 403.3(1)
2. Technical Review Criteria Violations. Violations in which 33 percent or
more of all of the measurements taken for the same pollutant parameter during a 6 -month
period equal or exceed the product of the numeric Pretreatment Standard or Requirement
including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable
TRC (TRC =1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except
pH).
3. Other Effluent Limit Violations. Any other violation of a Pretreatment
Standard or Requirement as defined by 40 CFR 403.3(1) (daily maximum, long -term
average, instantaneous limit, or narrative standard) that the District determines has
caused, alone or in combination with other discharges, interference (e.g., slug loads) or
pass- through (including adverse effect on any toxicity testing); or endangered the health of
the sewage treatment personnel or the public.
4. Danger to Human Health or Welfare. This criterion includes any
discharge of a pollutant that has caused imminent endangerment to human health, welfare
or to the environment and has resulted in the POTW's exercise of its emergency authority
to halt or prevent such a discharge.
B. Violation of Compliance Milestones.
Failure to meet, within 90 days after the schedule date, a compliance schedule
milestone contained in a District permit or administrative order for starting construction,
completing construction, or attaining final compliance;
C. Failure to Provide Proper Data.
Failure to provide, within 45 days after the due date, required reports such as
baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring
reports, and reports on compliance with compliance schedules;
D. Failure to Accurately Report Noncompliance.
Failure of a user to accurately and promptly report any noncompliance. Any
attempt to circumvent the reporting requirements or otherwise withhold noncompliance
49
data from the District shall be subject to SNC status.
E. Other Violations.
Any other violation or group of violations, which may include a violation of Best
Management Practices, that the District determines may adversely affect its operations
or the accomplishment of the objectives of this Ordinance.
50
Chapter 10.20
HEARINGS AND APPEALS
Sections:
10.20.010 Availability of Administrative Appeal.
10.20.020 Show Cause Hearings.
10.20.010 Availability of Administrative Appeal.
Any user, permit applicant, permit or permit contract holder affected by any decision,
enforcement action, or determination made by the District, interpreting or implementing the
provisions of this Ordinance or in any permit or permit contract issued herein, may file with
the General Manager a written request for reconsideration of a staff decision, action, or
determination within fifteen (15) days of notification of said staff decision, action, or
determination. The written request for reconsideration shall detail facts supporting the
user's request and such facts shall include a statement listing all relevant facts which shall
be considered including such facts as may not have been know or available to the District
at the date of such action. The General Manager shall render a decision on the request for
reconsideration within fifteen (15) days of receipt of the request, unless the General
Manager requests additional information from District staff or the user. The General
Manager shall concur, modify, or rescind the action, decision, or determination previously
made or may grant a show cause hearing regarding such decision, action, or
determination. If the ruling on the request for reconsideration made by the General
Manager is unacceptable, the user may, within ten (10) days afterthe date of notification of
the General Manager's determination, file with the District secretary a request for appeal to
the District Board.
A user shall not have a right to an appeal to the District Board unless the user has
complied with the procedures concerning the request for reconsideration by the General
Manager as set forth above.
When a written request for appeal to the District Board has been properly filed with
the District secretary, the District secretary shall schedule the matter to be heard by the
District Board within forty -five (45) days from the date of the filing of the written request.
The District Board shall make a ruling on the appeal within fifteen (15) days from the date
of the hearing unless the Board requests additional information from District staff or the
user.
Notwithstanding the foregoing, the statutory appeal procedures set forth in California
Government Code Section 54739, et seq., applicable to administrative civil penalties
imposed or sought pursuant to Section 10.16.065 of this Ordinance, shall exclusively apply
to such penalties.
51
10.20.020 Show Cause Hearinas.
A. The District may order any user who violates any of the provisions of this
Ordinance, permit conditions, or permit contract conditions to appear before a designated
hearing officer to show cause why a proposed enforcement action should not be taken.
Notice shall be provided to the user specifying the time and place of the hearing. A notice
for a show cause hearing shall set forth the violation, the reasons why an action is to be
taken, the proposed enforcement action, and such other information as will notify the user
of the nature of the hearing. The user has the burden of proof to demonstrate that the
proposed action should not be taken or that the decision, action, or determination
previously made should be rescinded or modified. A notice of hearing shall be served
personally or by registered or certified mail (return receipt requested) at least ten (10) days
before the hearing. Service of the notice maybe made on an agent of the user or officer of
the user's business entity.
B. A District employee or officer may conduct the hearing and take evidence, or
the District may designate another independent person to do so. The District shall not, as
a matter of course, provide for stenographic recording of the hearing. However, the user
may provide for such stenographic recordation at its expense.
C. After the hearing officer has reviewed the evidence, administrative orders
may be issued which specifically relate to the issues set forth in the notice of show cause
hearing. If the user is dissatisfied with the determination of, or the administrative order
issued by the hearing officer, the user may file a written request for appeal to the District
Board. The request for appeal shall be filed with the District secretary within ten (10) days
of the issuance of the determination order of the hearing officer. The District's secretary
shall calendar the matter before the District Board within forty -five (45) days of the date of
filing of the written request for appeal to the District Board.
52
Chapter 10.24
FEES
Sections:
10.24.010 Purpose.
10.24.020 Sewer Service Charges.
10.24.030 Scope of Charges and Fees for Source Control Program.
10.24.040 Pavment of Fees, Charges, and Delinquencies.
10.24.050 Reinstatement Deposit.
10.24.010 Purpose.
It is the purpose of this Chapter to provide for both the recovery of costs from users
of the District's facilities for the implementation of the Source Control and related programs
established herein and to provide for a sewer service fee to be imposed on all
nonresidential dischargers to the District sewage system with regard to the Source Control
and related programs. It is also the purpose of this Chapter to provide for the recovery of
costs from the users of those programs. The applicable charges or fees shall be set forth
in the District's Schedule of Operation and Maintenance Charges and Fees.
10.24.020 Sewer Service Charges.
All users shall pay a user charge for the District wastewater disposal services. This
sewer service charge shall be in addition to the fee imposed on certain users for the
administration of the Source Control Program as set forth elsewhere in this Chapter. The
sewer service charge shall reflect the quantity, quality, and flow of the wastewater of the
user and will be based on the District's operating costs to intercept, treat, and dispose of
the wastewater.
The sewer service charge shall be set from time to time by the District Board.
10.24.030 Scope of Charges and Fees for Source Control Program.
The District may adopt charges and fees to compensate the District for its activities
under the Source Control Program which may include:
A. Setting up and operating the District's pretreatment program, septage
program, industrial user notification program, and slug discharge program.
B. Monitoring, sampling, inspection, and surveillance procedures.
C. Reviewing accidental discharge procedures and construction.
D. Processing permit applications.
53
E. Implementation of administrative and legal enforcement measures.
F. Other fees as the District may deem necessary to carry out the requirements
of the programs contained herein.
These fees relate solely to the matters covered by this Ordinance and are separate
from all other fees chargeable by the District. These fees and charges may include staff
costs as well as legal, consulting, and laboratory costs, associated with the District
activities in implementation of these programs.
10.24.040 Payment of Fees, Charges, and Delinquencies.
A. Except as otherwise provided, all fees, charges, and penalties made pursuant
to the provisions of this Ordinance are due and payable upon receipt of notice thereof. All
such amounts shall become delinquent forty -five (45) days after the date of invoice.
B. A penalty for delinquent accounts shall be charged in accordance with the
following:
1. Forty -six (46) days after the date of invoice, a penalty of ten percent
(10 %) of the base invoice amount, not to exceed a maximum of one thousand dollars
($1,000).
2. Ninety (90) days after the date of the invoice, an additional penalty of
ten percent (10 %) of the base invoice amount shall be imposed, the cumulative total of the
penalties will not exceed a maximum of Four Thousand Dollars ($4,000).
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for
immediate initiation for permit revocation proceedings.
D. Penalties charged under this section shall not accrue to those invoices
successfully appealed, provided the District receives written notification of said appeal prior
to the payment due date. Payment of disputed charges is still required during District
review of any appeal submitted by users.
10.24.050 Reinstatement Deposit.
Permit or permit contract users that have been subject to enforcement proceedings
may be required to deposit with the District an amount determined by the General
Manager /Chief Engineer prior to permission being granted for further discharges to District
facilities. The deposit shall be provided as a security to ensure that the requirements of
this title are complied with, and all fees and charges associated with the user's permit or
permit contract are paid. The security may be returned after one (1) year, provided that the
user has not been subject to any enforcement actions or enforcement fees within that one
(1) year period. The deposit shall be cash or other security acceptable to the District.
54
Chapter 10.28
WASTE HAULER PROGRAM
Sections:
10.28.010
Permissible Waste Hauler Discharges.
10.28.020
Waste Hauler Discharge Permit.
10.28.030
Cash Deposit - Security.
10.28.040
Manifest Procedures.
10.28.050
Fees for Discharge.
10.28.060
Regulation of Procedures.
10.28.070
Acceptance of Grease.
10.28.080
County Limitation.
10.28.010 Permissible Waste Hauler Discharges.
The Board finds that it is in the best interest of the citizens of the County of Contra
Costa generally and in the best interests of the health and sanitation of the constituents of
the Central Contra Costa Sanitary District, that the District receive certain trucked -in wastes
at the treatment plant for disposal. It is the intent of the Board that the treatment facility
shall only be used for the disposal of wastes which are compatible with the treatment plant
process and the continued operation of the treatment plant as a non -RCRA or
nonhazardous waste disposal facility. Therefore, it is the intent of this Ordinance to
prohibit the discharge from waste haulers of any hazardous waste as may be defined by
either federal or state statute and regulation, whichever is more stringent; and, further, to
prohibit all such wastes as are prohibited within Chapter 10.08 (Regulations) of this
Ordinance, when such wastes are trucked to the District and discharged pursuant to the
District's waste hauler program.
10.28.020 Waste Hauler Discharge Permit.
The District Board finds that in order to properly administer the discharge of wastes
to the District, a waste hauler discharge permit program is required. Therefore, all persons
are prohibited from discharging trucked -in waste at the District's treatment facility unless
and until such person(s) has complied with all of the requirements of this Section of the
Ordinance, and has received a permit for waste discharge.
A. Permit Term. Staff shall have the authority to issue waste hauler discharge
permits for a period of one (1) year, with such permits being renewable on further
application from the permittee for additional one- (1) year periods upon favorable review by
District staff.
B. Permit Conditions. District staff may prescribe such requirements as may be
reasonable to ensure the carrying out of the purpose and policies of this Ordinance, as well
as the stated purpose of the waste hauler program as set forth herein. The conditions
55
upon which a waste hauler's discharge permit may be issued shall include, but not be
limited to, the following:
1. Proof of a Contra Costa Health Department Waste Hauler Registration
and Public Health License and /or registration as a transporter of inedible kitchen grease
waste under California Food and Agricultural Code Section 19310;
2. Certification that the applicant has not been subject to any substantial
enforcement actions relating to public health, waste hauling and /or hazardous waste
handling;
3. Provision of a list with license numbers of each vehicle which hauler
proposes to use for discharge of waste at District facilities;
4. Certification that waste hauler has in place, and will maintain, vehicle
insurance coverage which insures the hauler and the District against claims of personal
injury and property damage (said minimum limits and coverage requirements may from
time to time be set forth by the District); and
5. The furnishing of a cash deposit or other security acceptable to the
District in an amount set by the Board.
C. Denial, revocation, or suspension of permit. The issuance of a waste hauler
permit creates a conditional privilege to discharge. It does not create property rights
(including real, personal, or intangible personal property rights), nor a vested irrevocable
right or privilege. The conditions under which a waste hauler permit may be denied,
revoked, or suspended by the District include, but are not limited to, the following:
1. Substantial enforcement action taken by the District or another agency
related to public health, waste hauling, and /or hazardous waste handling.
2. Failure of the waste hauler to comply with federal, state, or District
regulations and laws or permit conditions.
3. Termination of the waste hauler's vehicle insurance or reduction in
coverage to a level below that required by the District.
4. Disposal of waste in an unlawful manner, whether within or outside the
District.
5. Failure of the waste hauler to comply with the permit, waste handling
and disposal, and reporting requirements of the Contra Costa County Environmental
Health Services.
6. Knowingly or negligently providing false information on any application,
permit, or manifest form.
56
7. Disposing of any waste load to District facilities which originated
outside the county or, in the case of restaurant grease loads, which originated outside
District boundaries or areas served by the District by contract.
8. Failure of the waste hauler to pay any fees, charges, or penalties
assessed by the District.
9. Expiration, revocation, or suspension of Contra Costa Health
Department Waste Hauler Registration or Public Health License.
10. Failure to deposit or maintain the required cash deposit.
10.28.030 Cash Deposit - Security.
The Board finds that in order to ensure compliance of each waste hauler with the
provisions of this Ordinance, and to further ensure payment of fees and charges for the
discharge of trucked -in waste, a cash deposit, or other security acceptable to the District
shall be required of each permittee. The cash deposit shall be in an amount of one
thousand dollars ($1,000.00). However, if the General Manager /Chief Engineer
determines the cash deposit should be increased in order to protect the interest of the
District based on the nature of the current operations of a permittee or the prior history of
compliance with the waste hauler program requirements, including, but not limited to those
set forth in Section 10.20.020 C. above, then the General Manager /Chief Engineer may
increase such cash deposit or security to an amount suff icient to protect the interests of the
District. The security amount shall not exceed five thousand dollars ($5,000.00), without
prior Board approval of said security amount.
A. Time for Payment. The cash deposit or acceptable security shall be posted
prior to the issuance of the permit. To the extent the District draws on such cash deposit or
security for costs, fees, payments, or penalties, as authorized hereunder, the permittee
shall deposit with the District such additional funds as may be required to bring their cash
deposit or security up to the total amount required under the permit prior to the continued
discharge of waste. If the permittee fails to maintain a sufficient deposit with the District to
meet its permit conditions, the District may suspend the permit (and permission to
discharge) until such time as a sufficient deposit or security has been tendered and
accepted.
B. Forfeiture of Deposit. All or a portion of the cash deposit or acceptable
security may be forfeited to the District if any of the following actions occur:
1. The permittee knowingly provides false information on any application,
permit, or manifest form;
57
2. The permittee discharges a nondomestic waste which does not comply
with this Ordinance, including the provisions of local limits and the general and specific
prohibitions contained herein;
I Permittee disposes of a waste in an unlawful manner in any location
within the District's service area;
4. A permittee becomes delinquent in making payment of applicable
charges and fees for discharge of waste; and /or
5. A permittee otherwise fails to comply with provisions contained in this
Ordinance or the District Code.
10.28.040 Manifest Procedures.
Any waste hauler who is discharging at a District facility shall be required to comply
with the manifesting requirements set forth by District staff. Each discharger shall be
required to provide a manifest document which shall indicate the source of all wastes
contained within the waste load to be discharged. The District may promulgate such other
requirements with regard to manifesting as are in the determination of the District
necessary to properly carry out the objectives of this Ordinance and the intent of the waste
hauler program.
10.28.050 Fees for Discharge.
The Board may from time to time set fees for the services provided the waste hauler
with regard to discharge of trucked -in waste. The fees shall include, but not be limited to,
fees to reimburse the District for the disposal and treatment costs of the discharge, and
such other fees as may be required to reimburse the District for the administrative costs of
processing the permits, administering the waste hauler program, operating septage
discharge facilities, conducting laboratory analysis, and enforcing the provisions of this
program.
10.28.060 Regulation of Procedures.
The District shall adopt such procedures as may be appropriate for the
implementation of the waste hauler program. These procedures may include, but not be
limited to, regulation of the times for discharge, the amounts of discharge, and manner of
discharge. The procedures may also include requirements such as laboratory testing of
samples of the waste prior to discharge, and procedures for reporting of the ultimate
disposal location for wastes which are not accepted at a District facility due to being
rejected on the basis of a sampling analysis of its constituents.
58
10.28.070 Acceptance of Grease.
It is the intent of the waste hauler program to accept reasonable quantities of grease
when trucked to the District. The Board finds that it is in the best interests of the District's
constituents to accept trucked -in grease pursuant to the requirements and procedures of
the waste hauler program in order to foster the adherence to the requirements of the
District's grease interceptor program.
10.28.080 County Limitation.
The District Board finds that it is not in the best interest of the constituents of the
District to accept restaurant grease waste originating outside the District service area.
Moreover, the District Board also finds that it is not in the best interest of the District's
constituents to accept trucked waste other than grease from locations which are not within
the County. Therefore, the Board finds that the District shall only accept trucked -in waste
pursuant to the provisions set forth herein and procedures established by District's staff for
trucked waste to the extent such waste is produced within, or emanates from locations
within, Contra Costa County, or in the case of restaurant grease, from locations within the
District's service area, including any area served by contract.
59
Chapter 10.32
GREASE, OIL, AND SAND INTERCEPTOR PROGRAM
Sections:
10.32.010 Interceptors Required.
10.32.020 Administration of Interceptor Program.
10.32.030 Interceptor Maintenance Procedures and Program.
10.32.035 Interceptor Maintenance Standards
10.32.040 Enforcement.
10.32.010 Interceptors Required.
All nondomestic users shall be required to install and maintain a grease, oil, and
sand interceptor when the General Manager, Chief Engineer or their designee finds that it
is necessary for the proper handling of (a) liquid waste containing grease, (b) flammable
wastes, (c) sand, or (d) other harmful constituents which may be properly eliminated from
the sewerage system by use of an interceptor or trap. An interceptor is not required for a
building used solely for residential purposes so long as there exists no common food
preparation facility. An interceptor shall be required when the wastewater flow from the
building is anticipated to contain grease, flammable substances, sand, or other harmful
ingredients in amounts or concentrations which would be in violation of a pretreatment
standard or, in the discretion of the District, present the possibility of causing or contributing
to the fouling of or the blockage of or other damage to the District sewerage system.
10.32.020 Administration of Interceptor Program.
The District shall administer an interceptor program which is intended to prevent
grease, sand, flammable liquids, and other substances which are likely to block or create a
hazard within the sewerage system from entering the system through use of interceptors or
traps. The District may require any nondomestic user to install an interceptor or trap
according to the guidelines set forth in the District's Standard Specifications or other
program prior to connection to the District or at any time after connection to the District if
the District discovers or determines subsequent to the connection that the building, facility,
or operation of that user produces a waste with characteristics that would require
installation of a trap or interceptor pursuant to this Ordinance. The installation of a proper
interceptor or trap device shall be the responsibility of the parcel owner and the entity
which applies for the connection or industrial user permit, and the owner /proprietor of the
business or entity whose operations cause or contribute to the necessity for an interceptor
or traps. The District shall determine whether a grease trap, grease interceptor, or other
interceptor is required on a case -by -case basis based on an evaluation of objective criteria
including but not limited to factors such as those listed hereunder:
A. The type of facility (a restaurant, bakery, cheese factory, yogurt shop, gas
station, lube facility, etc.)
.E
B. The volume of the user's business or operation (such as number of meals
served, number of seats, hours of operation).
C. Size and nature of facilities (including kitchen facilities) based on size, type,
number of fixtures, and type of processing or cooking equipment used.
D. The type of service provided or operation undertaken (such as dine -in meal
service versus carry-out meal service).
E. The type of foods or other materials used in the cooking, processing, or
manufacturing operations carried on within the user's facility.
F. The overall potential for grease - laden, flammable, or sand -laden discharges.
G. The existence of devices, procedures, or processes which are designed to
minimize the amount of grease, sand, oil, or other flammable liquids from entering the
sewer system.
The design, location, and procedures for operation of a required interceptor or trap
shall be approved by the District. Such approval shall be obtained prior to the users
connection of the facility to the District's sewerage system, in the event of new construction
or remodeling. In instances where a user has already connected and the District
determines that an interceptor or trap must be installed, the user shall promptly provide for
the installation of the interceptor or trap within a reasonable time frame (as may be set by
the District), including providing such design plans and operational plans as may be
required. The installation of an interceptor or trap as required by this Ordinance on an
existing user facility shall occur within reasonable time not to exceed one hundred (100)
days after the user has been provided notice of the requirement that an interceptor or trap
be installed. This one - hundred -day limit may only be extended by written agreement of the
District.
10.32.030 Interceptor Maintenance Procedures and Program.
Any user who is required by the District and /or this Ordinance to install and /or
operate an interceptor or trap device, shall be required to adequately maintain the
interceptor or trap device so that such device is in proper working order at all times.
Grease and oil interceptors shall be cleaned by a licensed and permitted waste hauler on a
periodic basis so as to assure that the interceptor will operate as designed at all times.
Any users who are required to install or have in operation an interceptor or traps
pursuant to this Ordinance, shall be required to have a plan of operation or program for
their facility which is intended to ensure that the interceptor or trap operates as designed to
prevent grease, oil, sand, or other harmful constituents from entering the sewerage system.
These procedures may include adoption of kitchen practices to minimize the grease -laden
garbage which ultimately enters the facility's drains and floor traps and /or other such
procedures as may be required for the proper operation of the interceptors.
61
10.32.035 Interceptor Maintenance Standards
Maintenance standards shall be conducted by users in order to ensure the proper
operation of interceptors and traps. If the operations of a specific user modify the need to
follow the specified standards, the user can request a variance from the District in writing
on the form provided by the District. Unless the District issues a written variance to a user,
the user is responsible for meeting the specified minimum maintenance standards of this
section:
A. Access to interceptors and traps shall be maintained to allow inspection and
maintenance to be performed. Inspections shall be performed at appropriate frequency to
ensure adequate operation of the interceptor or trap and to evaluate effectiveness of Best
Management Practices to control sources of pollutants.
B. Interceptors shall be operated so that the accumulated grease and solid
waste does not meet or exceed twenty -five (25) percent of the unit's capacity.
Determinations shall normally be made by measuring the depth of the layers within a unit.
C. Interceptors shall be cleaned at least once every 90 days. Interceptor
cleaning shall be conducted to pump all the liquid and solid contents of the unit, and the
sides will be cleaned of any substantial build -up of grease and solid wastes.
D. Traps shall be cleaned according to the manufacturer's recommended
frequency (e.g. daily, weekly) when conducted by user's employees, and shall be pumped
of all the liquid and solid contents using a licensed and permitted waste hauler at least
once every 90 days.
1. The user may clean smaller traps in lieu of using a licensed and
permitted waste hauler at least once every 90 days provided that all the
standards for cleaning traps are met, including, but not limited to, removal
of all liquids and solids and not decanting wastes. The user shall
document the proper disposal of the wastes removed from the trap as
required in section 10.32.035 F.
E. Decanting of wastes removed from an interceptor or trap is prohibited when a
licensed and permitted waste hauler is used to clean a unit. Wastes removed from the
interceptor or trap shall not be reintroduced into the unit cleaned or any other connection to
the District's sewer collection system unless the location is specifically authorized in a
current waste hauler permit.
F. The user shall maintain records documenting proper maintenance of the
interceptor or trap. The disposal location (name, address, phone number for off -site
facilities) for wastes removed from an interceptor or trap shall be recorded and made
available for inspection upon request.
10.32.040 Enforcement.
NVA
Failure of any user who is required to maintain an interceptor or trap pursuant to this
Ordinance and /or pursuant to lawful District direction, shall be subject to each of the
enforcement provisions set forth in this Ordinance. The enforcement provisions of this
Ordinance shall apply to the failure to instruct personnel, or to maintain, pump, and /or
institute a proper grease or flammable substance reduction program.
1141994.1
63
Title 11
RECYCLED WATER
Chapters:
11.10 Definitions and Introductory Provisions
11.20 Provisions Concerninq Acceptance and Use of
Recycled Water
11.30 Requirement to Use Recycled Water
11.40 Provisions Concerning Recycled Water Service
11.50 Recycled Water Pricing
Ei
Chapter 11.10
DEFINITIONS AND INTRODUCTORY PROVISIONS
Sections:
11.10.010 -9efinitiens.Policy Statement
11.10.020 Definitions.
__._._._........__ ............... .................._...- .. -_
1.1.._•1 .0._0 -30 .. - Ownership.
11.10. 010 i sPo_l_i_cyS_t_a_t_ement .
A. It is the policy of this District to promote the
use of recycled water to supplement existing osurfac_e and
under_ground water .supplies___for___ _the_.benefit of the people
of California. The scarcity of water resources__requ_lre.s,
the maximum reuse and reclamation of wastewater.
..... .... ..... -....
Accordingly, it is appropriate for recycled.... water
,:..:..
customer_ s to pay their of the . costs to
produce and supply recvcled water. At the same time
there -need to price recyc_l.ed..,_water_._. in ._a manner so as
_._ to provide, a cost - competitive alternative to local potable
water sources. Thereforethe District shall take into
account such factors when determinngwhether to provide.
_ .......... ..... .... _._
recycled water to ...._a prospective customer and the terms by
which such service shall be provided.
and ,_merits of........each_ situation and mutual__ agreement o_f._. the
.. ........
parties.
11.10.020 Definitions.
__.... - - ._..._ ................_.................. .........._...._...............
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this title,
shall have the meanings designated in this rte- Section:
.... ...............................
A. "Cross- connection" means any physical connection
between any part of a water system used or intended to
supply water for drinking purposes and any source or
system containing water or other substance that is not
approved as potable for human consumption.
B. "Customer" means the property owner ^_ ,` esJi rf,., --
t,enan_t . or truck hauler, or___agents thereof,
..... _.
authority tog---- #- heen.ter_... into a recycled water contract
or use permit must have the authority to
:.. ......... .. _ :.:... :.
direct those using recycled water on the subject property.
In cases where the District wholesales water to retail
water purveyors, the customer is the retail water
purveyor.
C. "Customer service meter" means the meter owned
by the District used to measure recycled water delivered
to the customer's facilities.
D. "Delivery facilities" means facilities used to
deliver recycled water to individual properties, including
pipelines, meters, valves, meter boxes or vaults and other
appurtenances, from the District's recycled water main to
the point of connection.
E. "Distribution facilities" means all District
recycled water pipelines and fixed equipment, including
but not limited to pipelines, pumping stations, manholes,
connections, reservoirs, sampling points, meters, related
appurtenances, and all modifications, repairs and
replacements thereto, beginning at the wastewater
treatment plant and ending at each customer point of
connection or at each termination of District -owned
recycled water pipeline.
F. "District" means the Central Contra Costa
Sanitary District.
G. "Incidental runoff" means the release of small
amounts of runoff from such sources as recycled water use
areas, overspray of recycled water from sprinklers, or
runoff of rainwater from areas irrigated with recycled
water or from decorative or storage ponds filled with
recycled water, particularly during storm events.
3
G. "Point of connection" means the upstream side of
the valve on the customer's side of the customer service
meter.
H. "Recycled Water" means water which as a result
of treatment of waste,... is .. direct beneficial _ .
use or controlled use as defined in California Water Code
S_e_c_tion_s __1.3050 ( __and 13500, e . .. ...
I "Recycled Water Contract" means written
agreement, other than recycled water use permit entered_
into by District and customer which sets forth the
._ ... ..... ._.... ............... 1 .....
conditions for provis _on .... _of recycled water to and
.... ...... - - -
- _ ._...
may be used in place of a recycled water permit where
special circumstances may _require contractual 'provisions
..... —... .......
in addition to or different from those ty -o cal_ly provided
for in a recycled water use permit._
J "Recycled Water Use Permit" means the permit
.... ..... ...
typically used by the District to authorize use o_f
recycled _wat_er by....._a customer, which set
forth the basic terms for delivery and use of recycled
water, ._____by....._c us tome r_._
.....
K "eccld Water requirements"
requirements for delivery and use of recycled water as
set _forth_._. in _(i) the permit or contract; i) the general.
_.:
water_reus.e requirements of the San_ Francisco. Bay Regional
[mater Quality Control Board Order No. 96 -011 including any
amendingor supersedin _g requirements; e
partment of
Health Services reuse requirements c( .a ,(, E 2
_ .....
of c..�<<__ z,..:i. } : Sections 60301- 60355, and
amending or superseding provisions; and (iv) such other
....
1 aws
,_._. regulations r.. agreement, _ orders, guidelines. _and
standards relative to the use of recycled water during the
entire time that recycled water is delivered to customer.
. .... ..... .... _ .... -_.. ..... .... -- ........
L. Water Site _a
qualified person_, designated by a recycled water customer
and approved by the District who is knowledgeable in the
_ ...
construction and operation of applicable on -site recycled
:... - ...... _.._.. _
water facilities and / o_r irrigation ...___systems, and......__in the .
application of the_ uidelines, criteria, standards, rules
....
..............
and regulations for recycled water..
... .......... _.....
M. "Treatment facilities" means those facilities
located at the District's wastewater treatment plant which
produce disinfected tertiary recycled water, including
filter plant forebays, filter plant, chemical and
coagulant systems, clear well, and distribution pumps.
(Ord. 202 Exh. A(part), 1997)
.1:: -f;w4' A?411 . 10 . 03 0 ownership.
The District is the sole owner of the Distribution
Facilities, and of equipment, supplies, warranties, rights
of way, encroachment permits, and licenses that are
acquired for the distribution facilities. Customer service
meters shall be owned by the District. All facilities on
the customer side of the point of connection shall be
owned, operated and maintained by the recycled water
customer. (Ord. 202 Exh. A(part), 1997)
Chapter 11.20
PROVISIONS CONCERNING ACCEPTANCE
AND USE OF RECYCLED WATER
Sections:
11.20.010 Recycled water guidelines.
11.20.020 Responsibilities of customer.
11.20.030 Failure to comply.
11.20.010 Recycled water guidelines.
The General Manager may adopt guidelines or
standards setting forth erfseri a spec_ f_ _c_._..c_r _t_er a...__f_or
use of recycled water by customers. These guidelines and
standards along with other recycled water requirements
......... _. . .._.._.. ........
mu_s_t be satisfied before recycled water may be supplied to
a customer, in aeeerdanee ,
Regienal water Quality 1
(General Water Reese Requirements WE Hunielpal
and — Waoe�- r�ten. A customer shall demonstrate to the
District that such guidelines eysta requirements can
be met prior to delivery of recycled water. to the
customer . ---' ... _ �:�- t�m���- �- e���- - --��_
s-:h:r
(Ord. 202 Exh. A(part), 1997)
11.20.020 Responsibilities of customers.
It shall be the responsibility of the customer to
comply with all of the provisions offs -- a -ef
ether all _ , regulatiens, agreements,
5
permits, enders, guidelines and standards relative he the
ti-s-e-e-f—recycled water rrequi.- msqts during the entire time
that recycled water is delivered to the customer. Any
omissions or acts by the District or its agents shall not
relieve the customer of responsibility to comply with the
PEevislens Q this title and" e., all ether app.....le laws,
regulaY.Fs, agreements, permits, enders, gui del
standards relative he the ase ef r-eeyeled waony.recycjed
� . ............. ......
water requirements. Without limiting the generality of
the foregoing, customers shall comply with the following
requirements:
A. Customers must
previsiens eentained in. general water reuse
ef the Rx. Matter Quality Genteel Beard (RWQGB)
7ft
and sweh ether permit requirements as way be pEepeanded by
the RWQGF; B * Gussevers have available at all
times for inspection by the RWQCB, the District or its
,gents, or state or county health officials a copy of the
current recycled water use permit issued by the
District;
-B. —Customers must comply with all requirements
contained in recycled water use permits issued to
customers by the District;
DC. Customers must design and construct customer
owned recycled water facilities in accordance with
District approved standards, must maintain such facilities
in good working order and must operate such facilities in
a manner as to achieve compliance with all requirements
applicable to use of recycled water;
E. "In's " e- er s aEe respensible fee applieaVen K_
reeyeled water en their use areas and
eperatiens and maintenanee in aeeerdanee wlfthh__a�l
applieable Galifernia Department ef Health Serviees sense
eel ter la
E E f i S 1 D Eac i-)
recycled watercustomer shall designare an on-My
to .1hoshyll Kate
responsibleon SAM Qf,;he quoromer forrypycled warer
use, Amplemenringand. complying with requirements of
A y1j Y "A
rhyr PAC ycQd
customer owned recycled waLer faciliMes, preventimi
I
....
, r� > t�".�� __ lse t�� f �c:�. � �.,� .,, er. . The Recycled
... _ _.._
Water Site Supervisor shall participate in all required
testing of cross- connections and era. i (_:, < Tx: , x >x
.... .... ...... .. .__ ....
3 „c: The.._Recycled Water Site _Supervisor shall be
...... ........ :.._._.: - ..._::._
trained in the use of recycled water and be responsible
for informing persons to whom customers have delegated the
responsibility for applying recycled water of the
requirements Hof the legal uses of recycled water. The
Customer shall immediately notify the District when there
......... .............
is .... achange in . the. Cus_tomer's Recycled _Water Site
... -: _..._..
Super_viso_r. The Customer shall not transfer
responsibility of the Recycled Water Site Supervisor until
:.... :_.. ..... .._. ...... :.......
the new designee_hasrecei.ved appropriate trainng_on the
.
proper use of.... recycled _ water;
G:- E. Customers shall provide employee training t-e
_ in
order to assure proper operation of recycled water
facilities, worker protection, and compliance with
applicable requirements for the use of recycled water;
H--- F_.._Customers shall assure that all above - ground
equipment, including pumps, piping, storage reservoirs,
valves, etc. which may at any time contain recycled water
shall be adequately and clearly identified with
appropriate wa-r�notification signs, tags and /or
stickers and shall make necessary provisions to inform the
public that recycled water; -A4,i-i-en , � � tf -e �u-man
, is being used for non - potable purposes;
G. During___peri_ods of recycled water use,
......... »......._....
v enthe Customer or Site Supervisor shall inspect the
recycled water - a - seya=�siteat _least once a
month and promptly record and ._correct any of the following
types of deficiencies, if noted during any_ inspection:
1. Evidence of runoff of recycled water from the
site - ... that
does not meet RWQCB guidelines .....and ._...._regulations;
2. Odor of wastewater origin from the
site: _W . __ . y.. _ ,
~' _= ;. .. recycled water site;
3. Evidence of ponding of recycled water, and /or
evidence of mosquitoes breeding within theaeus_age
area due to ponded water;
N
4. Sigi: IS PT--6per-1y Si nape that is
absent or inadequa t e to inform the publicha ii
e,=�of the use Hof recycled water, which is not
dzE-��-to be consumed by humans,
5. Evidence of leaks or breaks in the
4 Er*4 gat-,±ei�lrecycled water system pipelines or tubing;
6. Evidence of plugged, broken, or otherwise faulty
drip irrigation system emitters—ems, spray irrigation
sprinklers or other -parts of the --recycled water
distribution em; and
.. . . ........ I -
7. Evidence of overflows, leaks, erosion of dykes,
etc., of recycled wat ar ,.,,storage ponds or impoundments. -J:
.B.ased on the.se inspect.i.....o..... ns, Customers shal-may
be --negLi red
to submit regular written reports to the District
The content and .e,f,recru,e.A,cy
..........
of such reports fffayshall be determined and modified by �e
District staff, at its discretion.
,v-H. The Customers' Recycled Water.Site
............ ... ....... _ . ................. . . .... __ . ...................
. ............. . ...... . . . .. .......... . ................ . ....... . ............. ..... . . Supervisors_ ........ . .
... ...............
or designees shall.also participate in annual site
inspections of recycled water use site(s) with District
staff.
I. Customers shall comply with all regulatory
requirements regarding the monitoring and minimization of
incidental runoff, i -n e I ici.ding bii t-, t .1. ±f�id_ t eE4 t- e these
IF
t =eea
R e g i enra 1 - Wat e r �i a 1 i t Y G, on t r e 1 TB e a ic d G ±z de r N e . 9 6 &14
r) T1 9 P
01"'enef.'a.1 Y,"ratei= ..111,1—reffl.ents —1- ipal
�6. J. In the event any rule, provision or criteria
set forth in this seetien.Section conflicts with or is
inconsistent with any state regulation, the more stringent
rule, provision or criteria shall apply. (Ord. 202 Exh.
A(part), 1997)
11.20.030 Failure to comply.
Failure to comply with the District Code and other
laws, regulations, agreements, permits, orders, guidelines
and/or standards relative to the use of recycled water may
result in termination of recycled water service and/or
imposition of remedies as provided elsewhere in this
e e_Qod.e. and/or as may be prescribed by regulatory and
health authorities. S. ter-ffiinat-ien
M.
}f.. :a .. -S zC_'
1
In addition —t-e the fer - geAng, the District may charge
a fee of two hundred dollars to a customer wlt that does
not submit a timely report to the District as required by
Section :._ . 2 _ . 0 ` ! , 11 .20 . 0201 or Section 11 .40.050, or
which uses recycled water in any manner whiehthat is
contrary to the District Code or any other laws,
regulations, agreements, permits, orders, guidelines
and /or standards relative to the use of recycled water,._.
The fore. oin
_g g_._service ..._termination and fee �� ��c�� .�, <�
�1�.1
Other c >> ,�:; �'� . _.,.�
c:A } .! .a ,Le _a s, (Ord. 202 Exh A(part) , 1997)
Chapter 11.30
REQUIREMENT TO USE RECYCLED WATER
Sections:
11.30.010 Advisement concerning state requirement of
recycled water use.
11.30.010 Advisement concerning state requirement of
recycled water use.
A. Attention is drawn to the provisions of
California Water Code Section 13551, which requires that
"[a] person or public agency, including a state agency,
city, county, city and county, district, or any other
political subdivision of the state, shall not use water
from any source of quality suitable for potable domestic
use for non - potable uses, including cemeteries, golf
courses, parks, highway landscaped areas, and industrial
and irrigation uses if suitable recycled water is
available as provided in Section 13550..."
B. Advisement is hereby made that use of water
suitable for potable domestic use for non - potable uses
when suitable recycled water is available to an area for
which the District has recycled water purveyorship
authority may be violative of the provisions of California
Water Code Section 13551, or other state laws or
regulations. (Ord. 202 Exh. A(part), 1997)
9
Chapter 11.40
PROVISIONS CONCERNING RECYCLED WATER SERVICE
Sections:
11.40.010
Pressure and flow.
11.40.015
Allocation of recycled water in the event
of a shortage.
11.40.020
Recycled water quality.
11.40.025
Protection of recycled water system.
11.40.030
Liability.
11.40.035
Application for water service.
11.40.040
Recycled water use permit.
11.40.045
Unauthorized use of water.
11.40.050
Reporting requirements.
11.40.055
Obligation to pay for water delivered.
11.40.060
: £ - t_-,te.11.40.065 — Customer delivery
facilities and meters.
11.40.070
Obstruction of water facilities
prohibited.
11.40.075
Meter reading.
11.40.080
Testing meters.
11.40.085
Billing and collection for water
deliveries.
11.40.090 Suspension or termination of deliveries.
11.40.095 Access to customer site.
11.40.010 Pressure and flow.
The District shall endeavor to provide continuous and
adequate flows for all District recycled water customers,
and shall endeavor to deliver recycled water at a pressure
of between sixty psi and one hundred twenty psi, measured
at the recycled water customer's point of connection. In
accepting recycled water, recycled water customers are
deemed to have accepted all conditions of pressure and
flow. If the available service pressure is higher than the
customer can accept, the customer shall be responsible for
providing a pressure- reducing valve downstream of the
point of connection. If available pressure is lower than
what the customer needs, the customer shall be responsible
for providing a booster pump downstream of the point of
connection. Any pumping of recycled water requires the
10
prior written approval of the District. (Ord. 202 Exh.
A(part), 1997)
11.40.015 Allocation of recycled water in the event of a
shortage.
A. If the General Manager determines that the
quantity of recycled water available at any time is, or is
expected to be, less than the total demand, and such
shortage is expected to be of a duration of less than
thirty calendar days, the General Manager may prescribe
and enforce rules governing allocation and use of recycled
water. The General shall notify Board any
shortages__ ;7 tc,Y. �� X��� , >E,�:v� .:��y� formalize
e
l' c1ed wa1..,.-,'
_n. _ times o_f....__ shortage,
..
B. In Ffene�=al , theThe General Manager shall be
guided b the following g guidelines applicable to
allocation of supply during shortages:
1. No service shall be extended to new customers
until the 11.1ke shortage no longer
exists;
2. Service to customers within the District
boundaries shall take precedence over service outside the
District boundaries;
3. Service to industrial and non - irrigation
customers shall take precedence over service to irrigation
customers.
., x
and S'aeh
ea.lenda.i=
r ,
__
11.40.020 Recycled water quality.
A. Recycled water supplied for the pi-±r-peses,
aeksr =many use shall at all times satisfy the
applicable water quality requirements of the California
Department of Health Services and the Regional Water
Quality Control Board --1 - -i -� -i <--f a 4- - ef- 4 -a nfis�= -� a-r� "a
11
B. In accepting recycled water, customers are
deemed to have accepted the water quality conditions
described herein. The District shall bear no
responsibility for failure to supply water of a higher
quality than described herein. (Ord. 202 Exh. A(part),
1997)
11.40.025 Protection of recycled water system.
A. No recycled water customer shall create
conditions that result in damage to or reduced life of the
District's distribution facilities, or impairment of water
quality in the district's system. The District may require
the customer to install reliable protective devices
including, but not limited to, surge tanks, bypass or
feeder tanks, pressure relief valves, and backflow
reventers , at the e The „ ., ._-, l
p expense of the customer. s _..._ ...
4ag B. Operation and inspection of all of the
District's treatment and distribution facilities, up to
and including the customer's service meter, shall be under
the management and control of the District. No persons
except authorized employees, agents, or contractors of the
District shall have the right to enter upon, inspect,
operate, adjust, change, alter, move, or relocate any
portion of the foregoing or any of the District's
property. (Ord. 202 Exh. A(part), 1997)
11.40.030 Liability.
The District and its officers, agents, or employees
shall not be liable for damages resulting from the
control, c= Latransportation, handling, use, disposal,
or distribution of recycled water supplied by the District
to a customer, after such water has been delivered to the
point of connection of such customer, or in the case of
delivery to customers who are water purveyors or truck
haulers, after such water has left the District's
distribution facilities. Customers shall reimburse the
District for costs of repair to the District's
distribution facilities and other damages resulting from
12
the operations of the customer. (Ord. 202 Exh. A(part),
1997)
11.40.040 Recycled water use permit.
The Board hereby determines and finds that the
issuance of a recycled water use permit and related
activities pursuant to the provisions of this title are
ministerial acts. (Ord. 202 Exh. A(part), 1997)
11.40.045 Unauthorized use of water.
A. No person shall use recycled water from any
service, blowoff valve, air relief valve, or any other
District distribution facility without first applying for
service and receiving a recycled water use permit from the
District. Unauthorized use of water shall be subject to
whatever penalties or charges may be imposed by the
District pursuant to applicable ordinances, resolutions,
or other laws, and to whatever additional recourse may be
sought by health and /or regulatory authorities.
Additionally, the District may seek recovery of damages,
including loss of revenue, as prescribed by law.
B. No person, other than the authorized agents,
employees or contractors of the District shall turn on
water or operate the shut -off valves at the customer
service meters or any other distribution facilities. A fee
of two hundred dollars or actual cost of damage, whichever
is greater, may be charged to any customer who causes or
allows the customer service meter shut -off valve or
distribution facilities to be operated by unauthorized
persons. (Ord. 202 Exh. A(part), 1997)
13
11.40.050 Reporting requirements.
shall be the responsibility of the customer
to notify the District ifP&Re1d4 a"_-ely i-flas soon as possible,
but no later than 24 hours, of any unauthorized use or
............. - ___ .............................. . - .-11 111..... ............................___ ...._...._----- .._..............1.1.1.1__.... 1
discharge of recycled water--(- �__
eee�i_- Wh--eh iffipaet'_' eic tf-,, 4 fftPraE.4_ 'E-.he
healt-h. Additionally, the customer shall report to the
District �-iela.-_ieelqs et th - f
Healt-h
S eE�4 i e e s --e-i-, S
previsiens--,and other appropriate entities, as required by
1111. law, violations of q
recycled water requirements that impact
...................
.............
or threaten to impact public health or water quality
within twenty-four hours, followed by a written report
describing corrective action taken within ten days.
............................
... .......
........... S F a
t . . .... .
ens, . .....
<J- c�t eEl
. ..... . . .... . ..... F ......... . IC4 Y e,
Reeye.led Wat--e-y-,
e, eii be e f
E e 'E': e n s af
4
_d i4 Gelde ef
A A 4
Seetien �711111111, 1-1- affleiidinEj e±�
P
shall be E� -"e —4
2)
4,:: 1 n
11.40.055 obligation to pay for water delivered.
It shall be the obligation of the customer to pay for
all recycled water delivered to any customer point of
connection, or to the customer, in the case of delivery to
customers who are water purveyors or truck haulers. The
District shall bill the customer for all water so
delivered, and the customer shall pay the District for all
such water so delivered at the rate or rates and within
14
the period established from time to time by the District.
(Ord. 202 Exh. A(part), 1997)
11. 40. 060---;4t
=5-7`�r 4�� Customer delivery facilities and meters.
A. The size of the customer service meter shall be
subject to approval by the District. The District shall
install a customer service meter and meter box or vault
and other appropriate delivery facilities at no cost to
the applicant if a District recycled water distribution
system main is reasonably available to and adjacent to the
applicant's property. The District in its sole discretion
may determine that the cost of providing service for a
particular property is too expensive to warrant
installation of such facilities at no cost to the
applicant.
B. The District may install a main extension if a
District recycled water distribution main is not
reasonably available to or adjacent to the applicant's
property, on the request of the applicant. The District
will evaluate the cost of the main extension, the expected
payback of costs from recycled water sales and other
issues and will determine in its sole discretion whether
to install a main extension at District expense. The
decision of the General Manac c eT• his 4-e-
d,& '
L���_D_s_trc_t., as to whether a main extension is
installed shall be final.
C. The District shall evaluate the impact of
customer requested changes of location and /or size of the
delivery facilities upon the distribution facilities, and
upon the District's ability to supply recycled water in
accordance with all health and regulatory authority
requirements. The District may determine in its sole
discretion to change the location and /or size of the
delivery facilities and shall charge the customer the
actual cost thereof.
D. The District may remove or abandon any delivery
facilities through which no water has legally passed
during the preceding twenty -four month period. The
customer may request that delivery facilities be left in
15
place, and the District may impose a charge to cover the
cost of continued meter reading and maintenance. If the
delivery facilities are removed and application is
subsequently made for delivery facilities of the same or
different size, the procedures and charges therefor shall
be as established by the District.
E. Delivery facilities shall be located in the
public right of way, or in an easement granted to the
District. (Ord. 202 Exh. A(part), 1997)
11.40.070 Obstruction of re_cvc_1_ed___water facilities
prohibited.
No person shall place upon or about any valve box,
manhole, blowoff, air relief valve, meter, meter box or
vault, or any distribution or delivery facilities or
appurtenances, any object, materials, debris, or structure
of any kind so as to prevent free access to same at all
times. (Ord. 202 Exh. A(part), 1997)
11.40.075 Meter reading.
Customer service meters shall be read by the District
on a regular basis, usually I.AfRentn:h °monthly. Special
meter readings may be taken because of change of customer,
changes of meter or meter size, or at other times as
determined necessary by the District. The District shall
estimate the quantity of recycled water used in whatever
manner it considers most appropriate if a meter cannot be
read or in the event that a meter has not registered or
has registered incorrectly. (Ord. 202 Exh. A(part), 1997)
11.40.080 Testing meters.
A. Any customer may demand that the customer
service meter be examined and tested by the District for
the purpose of ascertaining whether it is registering
correctly, if the customer believes the meter is over -
registering the amount of recycled water being delivered.
by _49. S : t . If on such examination and test the
customer service meter shall be found to over - register
recycled water by three percent or more, an adjustment of
the recycled water bill shall be made to the customer by
the district. No adjustment shall be made for any period
more than six months preceding the date of the meter test.
16
B. The customer service meter may be examined and
tested by the District for the purpose of ascertaining
whether or not it is registering correctly, if the
District believes the customer service meter is under -
registering the amount of recycled water being delivered.
by If on such examination and test the
customer service meter shall be found to under- or over-
register recycled water by three percent or more an
adjustment of the recycled water bill shall be made to the
customer by the District. No adjustment shall be made for
any period more than six months preceding the date of the
meter test. (Ord. 202 Exh. A(part), 1997)
11.40.085 Billing and collection for water deliveries.
A. The District shall bill customers for recycled
water deliveries to the customer points of connection, or
to the customer, in the case of deliveries to customers
who are water purveyors or truck haulers. Billings for
recycled water shall be due and payable within �f-i_f_t_een
days after mailing. Billings shall become delinquent if
not paid within the .-{thirtieth day after
mailing. The District shall not be required to provide
notice of delinquency.
B. If any customer directly served by the District
shall be delinquent in the payment for recycled water
delivered by the District, the District 9ha1-1-may. assess a
penalty charge of one and one -half percent for each thirty
days of delinquency or part thereof.
C. If any customer served directly by the District
is delinquent for more than thirty days, such delinquency
may be reported by the General Manager to the District
Board of Directors. The General Manager, or his /her
designee at his /her discretion and upon such conditions as
it may be prescribed, after giving the customer reasonable
notice and an opportunity to be heard, may order the
termination of recycled water service. (Ord. 202 Exh.
A(part), 1997)
11.40.090 Suspension or termination of deliveries.
A. Whenever the General Manager determines
maintenance of the District's treatment and /or
distribution facilities requires suspension of delivery of
recycled water at any point or points of connection or at
17
any other location, such delivery in non-emergency
situations-may be suspended without liability on the part
of the District, piFevideEi, ... .
_.. -_upon
provision of three days notice or as practicable. The
District will attempt to schedule interruptions of service
at such days and times as will provide the least
inconvenience to the customer.
B. The General Manager may order the suspension or
termination of recycled water deliveries to any customer
when any of the following conditions occur:
1. In the judgment of the General Manager, the
customer has failed to satisfy all requirements of the
District Code or has in any way endangered the public
health and safety or the safety and integrity of the
distribution facilities, or has violated a Regional Water
Quality Control Board Order, a recycled water use permit,
any California Department of Health Services reuse
criteria, or any law, regulation, agreement, order,
permit, guideline or standard relative to recycled water;
or
2. When so ordered by health or regulatory
authorities having jurisdiction; or
3. When the District is unable to deliver properly
and adequately treated recycled water; or
4. When the requirements of the California
Department of Health Services reuse criteria, and any
amending or superseding provisions related to the quality
of recycled water are not being met; or
5. If the Regional Water Quality Control Board or
other authority changes the requirements for treating or
delivering recycled water to a level the District
determines it cannot reasonably meet or cannot reasonably
meet without costly additional treatment making continued
delivery impractical. (Ord. 202 Exh. A(part), 1997)
11.40.095 Access to customer site.
All recycled water customers shall permit or cause to
be permitted the District__or_._ its ...agents, the RWQCB, the
Department of Health Services, the Contra Costa County
Health Services Department,_ Costa _Water
District and other entities with jurisdiction over
recycled water or public health, access to the site where
recycled water provided by the District is used or where
records relative to recycled water use are kept for the
purposes of: (1) inspection, testing and repair of
facilities, equipment, practices or operations regulated
pursuant to the RWQCB's general water reuse requirements,
and any amending or superseding provisions the District
Code and other laws; and (2) sampling or monitoring to
assure compliance with the general water reuse
requirements, and any amending or superseding provisions,
the District Code and other laws. In addition, customers
shall supply access to or copies of records relative to
recycled water use to representatives of the above named
entities on request. (Ord. 202 Exh. A(part), 1997)
Chapter 11.50
RECYCLED WATER PRICING
Sections-
11.50.010 Recycled water rates.
11.50.020 Reimbursement charge to recover retrofit
financing.
11.50.010 Recycled water rates.
Retail and wholesale rates for recycled water service
within
the - of {c -- --the District provided
pursuant to a recycled water permit shall be established,
- ------- - - - - -- - - - - -- - - - - --
and may be amended or revised, from time to time, by
Bea- ordinance _and.. set forth in Title 6.... Rates
recycled water service provided pursuant to a contract
shall be fixed by its te ..... A(part),
11.50.020 Reimbursement charge to recover retrofit
financing.
A. The District and customer may enter into an
agreement wherein the District pays the actual cost of
retrofit improvements and recovers the cost thereof, plus
accrued interest, through the imposition of a
reimbursement charge added to the regular District
recycled water billings to the customer, if such retrofit
improvements are necessary to enable a customer to safely
and legally use recycled water. Reimbursement charges
19
shall be added by the District to the customer recycled
water billings.
B. In determining whether or not to enter into a
retrofit financing agreement, the District shall consider
such factors as the estimated present and future
quantities of recycled water use, estimated cost of the
necessary retrofit improvements, and estimated interest
rates. The District may require, as part of the retrofit
financing agreement, a minimum purchase amount of recycled
water on an annual basis. The determination of whether to
enter into a retrofit financing agreement shall be at the
sole discretion of the District.
C. The General Manager may enter into a retrofit
financing agreement when it is found that the
reimbursement charge will recover retrofit costs, plus
accrued interest, within a period of no more than fifteen
years.
D. Interest rates to be charged by the District
shall generally reflect the prevailing local agency
investment fund rate plus one percent at the time the
retrofit financing agreement is signed.
E. Payment of reimbursement charges shall be
subject to the same terms and conditions as payment of
recycled water billings. (Ord. 202 Exh. A(part), 1997)
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Title 6
FEES AND CHARGES
Chapters:
6.04 Permit and License Fees
6.08 Annexation Charges
6.12 Capacity Fee Program
6.1"- Speeial GendMen Equalizqtlan Marge-
6.20 Reimbursement Fees
6.24 Sewer Service Charge
6.26 Annual Industrial Permit Fees
6.28 use ef Tax Rell for Gelleet-W-H
6.30 Schedule of Environmental- and Development- Related
Rates and Charges
6.34 Sewer Serviee Gh
6.38 Recycled Water Charges—Landscape Irrigation
6.40 Hazardous Waste Handling and Disposal Charges for
Conditionally Exempt Small Quantity Generators
Sections:
6.04.010
Chapter 6.04
PERMIT AND LICENSE FEES
Time of payment.pfjepq
6.04.010 Fees f.- tv,inspoey i
A. The Beak shall a pahlie
hearing establish by ev6inanee fees te N. eharged.-by—Oh
and wiseellane%ts engin eving and inspeeVen werk.
B.-- The *at setting erdinanee stall set fewth in an
be
ehaEged. The Wehe4vle ef rates, as speeKin. the
whlbitnis eedified and SWAP- be
la 13, - I.- f
----- - pen request. (Grd. 160 19SW W.
1984: God. 151, -1982: Grd. 136, 1970 God. 135,
'2t
Gfd. W "A _0 �Q_' pvief -ee4v-§ 11 191�
............ _ ..... ...__ .... _ ........................- ._...._.._- -____•__-- .......... - ...._.__._._.._....__'____ _.............._._...... _.._____..__....___.�..___ ............__ -- .._..._.........._.._
..__......_ ._ .............._... _.- ......___......
dr__;TF� -..E) _mss ie i1- s - ::rtrk -,
heas
_ ,
B. Dizimp _. _..
. Time of
payment of fees.
Each fee prescribed in this eTitl_e is due at the time
of application for the service or permit to be provided and the
District may not issue the permit or lieonprovide the service
as the case may be until the applicant pays the fee. (Ord. 86 §
2(part), 1972: prior code § 11 -103)
Chapter 6.08
ANNEXATION CHARGES
nn a,
6.08.010 Findings.
6.08.020 Annexation charge.
6.08.030 Determination of annexation charge.
6.08.040 Time of payment of annexation charge.
6.08.050 Inclusion of charge in special assessments.
6.08.010 Findings.
The Board of Directors finds that the District incurs
substantial administrative and related costs associated with the
processing of petitions for annexation of newrrpar_c_e1_s
to the District. The Board of Directors further finds that it is
necessary to impose an annexation charge upon the owners of
'� e par_c_el s when such ~= to'y._parc_e1_sa_re annexed to
the District in order to recover the administrative and related
costs resulting from the annexation. (Ord. 172 § l(Exhibit
B(part)), 1989)
2
6.08.020 Annexation charge.
- _. _._.__fie Bc.. ... -e-1- €Ev ite- tom- Er -a -' pz3i r i
-ea 1__ _p. rer y---s' m t= t eel -cam`s 4e th,
e?- I' l---- -be -_p- bI?*h*4 -- ''new- a0 1 e a s t - _ _e- ev- en- -dayys- - - -per iI- r - -- rr -- -i-�
....... ve date ±n a newspaper at general eirewW4sn in the
eeS 9S
_.
°
The owner of real property which is
s annexed to the
District shall as a condition of annexation pay to the District
an annexation charge eensisting ef the to coyer t -he
administrative and related costs incurred by the District which
are associated with the annexation of the new territory,
including but not limited to any fees or charges incurred by the
District in processing of the petition, conducting of the
annexation proceeding, corresponding, communicating or
interacting with the Local Agency Formation Commission having
jurisdiction over the annexation or any other state or local
government agency regarding the annexation and the costs of any
necessary inspections.
The -
--maelen of the property te the Dishriet at the time the
:_.._.._1..f L
preperty owner dees net file the proper deensent, .. a-
E- i en E=ra -rmge . e -E '-''t -ri- Ems_._...
Pistriet and modify them if eireamstanees have so ehanged that-
7 - y i'na 1 -1 y f -i x- e-4 -ne
_
6.0,8.030 Determination of annexation charge,
A. Large__ Annexatons___and reorganizations . _-_ When -a
_._ ..._..... ....
Petition for Annexation is processed as a reorganization {two or
more changes of organization initiated in a singlle �r�os_al� , o.r
3
where ......_.t... :_ _h_e Petition _on _..._ f:.. _ o_ r A-_ nnextioif r property proposed .
.
be developed into ten (10) or more subdivision lots,...the
propert ryowner shall be charged an annexatio ... 11._.___ .......- -_ .............._......................._...._... ..............._.........._..:.
the District's actual administrative and related costs to
process the annexation. deposit_ shall _due and
payable upon the property owner's submittal of a petition_ fo_r_
annexation to the District. Additional costs that exceed the
initial . deposit shall due and _payable within 45 ._days .
of the date of the District's invoice mailed to the property
owner by first-class mail, which may__ -be on a monthlyor
less frequent basis at the Distr_ict's dis_cret_ion____
B. Other annexations. The Board of Directors shall from
time to time —,after conducting a public hearinc�1_ adopt by
..... ...... -
ordinance _a_ flat annexation charge for the recovery of the
District's average costs associated with standard annexations of
real property. A standard annexation is hereby defined as one
... ....
involving a parcel or parcels other than_thos_e processed as
large annexations or reorganizations under Subsection A. of this
Section. Such charges for standard shall be
-...
incorporated into the Schedule of Environmental and Development_-
Related Rates and Charges of C, :,t,ap.. {...r s . _3) of h_s, Cc.)de
6.08.040 Time of payment of annexation charge.
2F_ o_ r_._._._ large ......._ annexations _._...._ o_ r.,....._ re_ organi _zat_ions__.r.._..._..._the. annexation
charge i-7shall_be due when a petition to annex the
^� V: Y °T pparcel (sL is submitted to the District.
F e r r �� tax -ter — ca = � � �i i-d i�
..
D s ie ''_- -i_S_s �i-anee- of { -a} For standard annexations
the
Disrict shall collect annexation charges at the time a permit to
connect to the public sewer. '
6.08.050 Inclusion of charge in special assessments.
The annexation charge may be collected by or included in a
special assessment upon the property benefited. (Ord. 172 §
1(Exhibit B(part)), 1989)
I" �
.. .... .... Y ._ p .... , ... s.. i
'i
v.
r� -- e ee nzeet--, a e --
._
12-- e-Eie
>.
.... - - ,.
21..Q.$.�.
Chapter 6.12
CAPACITY FEE PROGRAM
Sections:
6.12.010 Findings.
6.12.020 Adoption by ordinance.
6.12.030 General provisions.
6.12.040 Residential capacity fees.
6.12.050 Nonresidential capacity fees.
6.12.060 Change of use.
6.12.070 Capacity fee credits.
6.12.080
�S_chedul_e of fcapac_ty fees, rates and
charges.
6.12.090 S'ehedul e1No......_Pr_epayment of capacity fees, rates
and charges.
6.12.010 Findings.
The Board of Directors finds as follows:
A. District customers have made a substantial investment
in existing District wastewater and household hazardous waste
collection, treatment, recycling, reuse and disposal services
and facilities that will benefit new users.
B. The purpose of the Capacity Fee Program is to provide
for each new user, by payment of a capacity fee at the time of
initial connection of a building or facility on their property
to the District's sewer system or, subsequently, when creating
an added burden, to equalize their investment with the
5
investment of other existing users in the value of all District
assets.
C. New users within the District service area, 1)
generate an added burden on the District's wastewater and
household hazardous waste collection, treatment, recycling,
reuse and disposal services and facilities, and 2) would
contribute to degradation of the overall level of wastewater and
household hazardous waste collection, treatment, recycling,
reuse and disposal services and facilities provided by the
District absent the expenditures for services and facilities to
be funded through the revenues collected pursuant to this
e p ezChapter.
D. For the District to provide an adequate level of
service within its service area, renovation, replacement,
upgrading and improvement of existing facilities to maintain
their capacity, and construction of new and /or expanded
facilities to increase capacity is necessary.
E. The capacity fees to be collected pursuant to this
p���Chapter are required to ensure that new users contribute
their appropriate share of the necessary funding for District
services and needed upgrades, replacements, renovations and
improvements of existing District wastewater and household
hazardous waste collection, treatment, recycling, reuse and
disposal facilities to maintain their capacity, and to add to
and /or expand these facilities in the future when needed or as
required to meet legal and regulatory requirements (all of which
services and facilities will ultimately be shared by current and
future users), and for equitable adjustment of capital
contributions as between new, current and contractual users.
F. The portion of the revenues collected pursuant to this
elha_me:-Cha_pter designated for equalization of investment between
existing and new users in capital assets (including land,
wastewater and household hazardous waste collection, treatment,
recycling, reuse and disposal facilities, and the Sewer
Construction Fund balance) shall be used to maintain capacity in
existing facilities through life -cycle replacement, renovation,
upgrading and improvement, to add to and /or expand these
facilities in the future when needed or as required to meet
legal and regulatory requirements (all of which services and
facilities will ultimately be shared by current and future
users), for equitable adjustment of capital contributions as
between new, current and contractual users, and to fund a
portion of the prudent reserve requirements of the Sewer
Construction Fund, as may be established from time to time at
the discretion of the Board of Directors. The capital facility
needs and prudent reserve requirements of the Sewer Construction
M
Fund are set forth in the District's Capital Improvement Budget
and Plan which is revised and updated every two years.
G. The portion of the revenues collected pursuant to this
e ei�= Ch_ap_ter designated for equalization of investment between
existing and new users in the Running Expense Fund and Self -
Insurance Fund balances shall be used to fund the new users'
portion of the prudent reserve requirements of these funds, as
such requirements may be established from time to time at the
discretion of the Board of Directors.
H. The facts and evidence establish that there is a
strong and reasonable relationship between the necessity for
maintenance of capacity in existing facilities and construction
of new and /or expanded facilities to increase capacity, and the
added burden created by each of the particular user groups set
forth in Section 6.12.11.1111, 6.12.08�Schedule of Capacity Fees,
Rates and Charges)_, for which the corresponding fees are to be
charged, and there is a strong and reasonable relationship
between the fees' intended use and the added burden created by
each particular user group for which the fees are charged.
I. The fees expected to be generated from the Capacity
Fee Program will not exceed the total of all actual costs
reasonably allocable to the services and facilities needed to
serve new users.
J. Based on an accounting of the sources of funds that
have contributed to the Sewer Construction Fund balance, and the
historic use of revenues from that fund, all funds currently
within the Sewer Construction Fund should be allocated to needed
upgrades, replacements, renovations and improvements of existing
District wastewater and household hazardous waste collection,
treatment, recycling, reuse and disposal facilities to maintain
their capacity, and to add to and /or expand these facilities in
the future when needed or as required to meet legal and
regulatory requirements, and for equitable adjustment of capital
contributions as between new, current and contractual users.
K. Regarding compliance with the California Environmental
Quality Act (CEQA), the Board of Directors finds as follows:
1. The revenues generated by the capacity fees
collected pursuant to the provisions of this t.-'ha=pt+-+-Chapter are
to be used, in part, for equalizing investment in the capital
costs of facilities constructed in the past which have provided
capacity to be shared by current and future users, including,
among others, Stage 5A and Stage 5B Treatment Plant Expansions,
Headworks Improvements, Ultra - Violet Light Disinfection
Facilities, San Ramon Valley Trunk Sewer, Downtown Walnut Creek
Bypass, and A -Line and Pleasant Hill Relief Interceptors. All
such past projects providing capacity to be shared between
7
current and future users were initiated and completed in keeping
with the requirements of CEQA.
2. The Capacity Fee Program provided for in
this Chapter will not in itself result in an expansion of
facilities to provide for growth outside of the existing service
area. The revision of the Capacity Fee Program is not in itself
a project as defined by CEQA and will not in itself result in
any specific project nor result in any direct physical change in
the environment. An Environmental Impact Report, or other
appropriate CEQA compliance documentation, will be prepared
prior to the undertaking of any "project" to be funded in whole
or in part by the revenues collected pursuant to the Capacity
Fee Program contained herein. The Capacity Fee Program
rationally relates fees charged with the cost of providing
services and facilities capacity for new users and current users
who change the use of their connected buildings or facilities.
3. The District has complied with the
requirements of the California Environmental Quality Act with
regard to the ordinance codified in this ehap Ch apter and
adopting the Capacity Fee Program in that a notice of exemption
has been prepared setting forth Public Resource Code Section
15273 (district CEQA guidelines Section 17.7 (a) (4)) as the
basis for this exemption, for the reasons set forth in
scSubs_ectons (K) (1) and (2) of this e-e-�AaSect_i_on,
such a notice of exemption has been filed pursuant to law.
Based on these findings, the Board of Directors
have adopted the Capacity Fee Program set forth in the
provisions of this c=bap - y.Chapter to ensure adequate funding of
all needed upgrades, replacements, renovations and improvements
of existing District wastewater and household hazardous waste
collection, treatment, recycling, reuse and disposal facilities
to maintain their capacity, additions to and expansions of the
capacity of these facilities in the future when needed or as
required to meet legal and regulatory requirements (all of which
services and facilities will ultimately be shared by current and
future users), for equitable adjustment of capital contributions
as between new, current and contractual users, and prudent
reserve requirements of the Running Expense Fund, the Self
Insurance Fund and the Sewer Construction Fund occasioned by the
added burden on District services and facilities attributable to
new users and current users who change the use of their
connected buildings or facilities; and to provide that each new
user and each current user who changes the use of his /her
connected buildings or facilities pays his /her fair share of the
cost of District services and facilities. It is the intent of
this chap tE�±= Chapter that the Capacity Fee Program together with
the other revenue programs of the District pre "deprovides
sufficient funds to meet the capital cost requirements of
providing capacity throughout the effective period of the
current and successive capital improvement plans. It is the
further intent of this crChapt_e_r that the factors to be
_ _ _____._.____.
considered in calculating future capital costs and projecting
needed revenues shall include, but not be limited to, growth
projections, the current costs of facility construction, current
fund balance or deficit, projected increased costs of facility
construction, the differential cost in providing service between
various areas of the District, current and anticipated changes
in governmental regulation, inflation, debt service, and the
time value of money. (Ord. 217 § 1 (Exh. A(part)), 2001: Ord.
189 § 1(Exh. A(part)), 1993: Ord. 169 § 1(Exh. A(part)), 1989)
6.12.020 Adoption by ordinance.
The District Board of Directors may, 1) establish zones
recognizing areas where a significant differential in the cost
of providing services and facilities exists, 2) adopt capacity
fees, rates and charges for residential units within each zone,
and 3) adopt the residential unit equivalence (RUE) factors and
the units of measure for each nonresidential user group by
ordinance upon a two - thirds vote after conducting a properly
noticed public hearing to receive comments on such rates, fees
and charges as may be proposed for Board of Directors'
consideration from time to time. The rates and RUE factors set
forth in the ordinance shall be based on an engineering
application of the principles set forth in this ehap4-e-IF�Chapt_er.
The residential capacity fees, and a table of equivalents, which
sets forth the unit of measure and the RUE factor for each
nonresidential user group and each zone shall be included in
Section 6.12.999, 6.12.080 (Schedule of Capacity Fees, Rates and
Charges_)... (Ord. 217 § 1(Exh. A(part)), 2001: Ord. 189 § 1(Exh.
A(part)), 1993: Ord. 169 § 1(Exh. A(part)), 1989)
6.12.030 General provisions.
A. Definitions. The following terms shall have the
meaning set forth below for the purposes of this �4±ap-t_rC_hapter.
1. Added Burden. "Added burden" means any of
the following:
a. A connection of any building or
facility on a parcel to the sewer system for the first time;
b. An existing connection from a parcel
where the estimated volume of flow or the strength of the
wastewater discharged from such parcel will be increased due to
construction of additional units of measure, or a change in use
of the buildings or facilities on the parcel. This increase in
flow or strength shall include an existing connection from a
9
nonresidential parcel where the units of measure attributable to
such parcel has at any time been increased, including any
combination of increases over time once such increases are known
to the parcel owner and /or discovered by the District, whichever
comes first. If more than one independent operation exists on a
single parcel, an added burden shall also mean an existing
connection where the number of residential unit equivalents
attributable to any independent operation has increased due to a
differing use. If a single and integral operation spans two or
more contiguous parcels, the increase shall be measured against
the total number of residential unit equivalents attributable to
the operation;
C. An existing connection from a parcel
where capacity fees were never paid or where inaccurate
information was given which resulted in a lesser fee having been
paid than would have been required with a correct calculation of
the fee.
2. Business owner. "Business owner" means the
proprietor of a business or the person possessing the license to
operate a business.
3. Change of Use. "Change of use" means any
imposition of an added burden or significant lessening of burden
on District services and facilities that occurs after the
initial connection from the parcel to the District sewer system
for which applicable fees have been paid. "Change of use"
includes, but is not limited to, any alteration of the use of a
parcel that requires the parcel to be reclassified to a
different user group or any alteration of the use of a parcel by
the parcel or business owner which significantly affects the
burden on District services or facilities. "Change of use" shall
also include additions, renovations, modifications,
construction, reconstruction or redevelopment of an existing
nonresidential parcel or of buildings or facilities on such a
parcel which results in a net increase in units of measure even
though the user will remain within the same user group. "Change
of use" includes the addition of any new residential unit to an
existing residential parcel. A change of use may increase or
lessen the burden.
4. Nonresidential User. A "nonresidential user"
includes all users who have a connection or are initially
connecting to the District's sewer system where the land use of
the parcel is other than for residential units (as the term is
defined within this Code), including, but not limited to, all
commercial, industrial, service - related and governmental uses.
5. Parcel. A "parcel" means real property upon
which a separate assessor's parcel number has been established.
10
6. Parcel Owner. A "parcel owner" means any
person or entity listed in the most recent Equalized Assessor's
Parcel Roll as owner of the subject property or the current
owner if a change in ownership has occurred subsequent to the
last publishing of the Equalized Assessor's Parcel Roll.
7. Person. A "person" means any individual,
partnership, committee, association, corporation, foundation,
public agency or any other organization or group of individuals,
public or private.
8. Residential Unit Fee. A "residential unit
fee" is defined as any of the capacity fees set by the Board of
Directors for a residential unit within a zone.
9. Residential Unit Equivalence Factor. A
"residential unit equivalence (RUE) factor" is defined as the
factor used in determining the added burden placed on the system
by a nonresidential user and shall be established based on the
equivalency to the burden (in terms of capacity) that a typical
residential unit places on the District's sewerage system,
taking into account both volume of flow and wastewater strength.
10. Residential Unit. A "residential unit" is
defined as the unit of measure for the use of any parcel or
portion of a parcel for exclusively residential purposes, which
shall include, but not be limited to, single- family dwellings,
each unit of a multiple- family dwelling (such as apartments,
condominiums and townhouses), mobile home residences, and other
forms of property use providing for separate, independent
habitation such as in -law units, household worker quarters or
"granny" units.
11. Unit of Measure. A "unit of measure" means
the basic unit used by the District in quantifying the degree of
use for a particular use of a parcel. Each prospective user
within a particular user group shall be evaluated with regard to
the added burden placed on the sewerage system based upon a
predetermined unit of measure for that user group. Units of
measure may include criteria such as the number of dwelling
units, structure square footage, parcel acreage, fixture units,
seating capacity, number of beds and /or number of employees or
customers anticipated, or other units of measure determined to
be appropriate.
B. Administration. The General Manager shall
administer, implement and enforce the provisions of this
cAep.t -r- Chapter. Any powers granted to or duties imposed on the
General Manager may be delegated to persons acting in the
beneficial interest of, or in the employ of the District.
C. Use of Capacity Fee Revenues. All Capacity Fee
revenue collected pursuant to the provisions of this
11
eha Chapter shall be separately accounted for and used as
. . . . . : . . . . . . : : . . . . . . . . . . . . : . : . . . . . . . . . . . . . . . : . . . . . . . .
follows:
1. The portion of the revenues collected
pursuant to this � ~gip -t- -. Chapter designated for equalization of
_ .....:......... ..........:. ....
investment between existing and new users in capital assets
(including land, wastewater and household hazardous waste
collection, treatment, recycling, reuse and disposal facilities,
and the Sewer Construction Fund balance) shall be used to
maintain capacity in existing facilities through life -cycle
replacement, renovation, upgrading and improvement, to add to
and /or expand these facilities in the future when needed or as
required to meet legal and regulatory requirements (all of which
services and facilities will ultimately be shared by current and
future users), for equitable adjustment of capital contributions
as between new, current and contractual users, and to fund a
portion of the prudent reserve requirements of the Sewer
Construction Fund, as may be established from time to time at
the discretion of the Board of Directors, all of which assets
benefit, directly or indirectly, both current and new users.
These revenues may also be used to repay any debt incurred in
the financing of such life -cycle replacements, renovations,
upgrades and improvements, additions to or expansion of District
wastewater and household hazardous waste collection, treatment,
recycling, reuse and disposal facilities. The capital facility
needs and prudent reserve requirements of the Sewer Construction
Fund are set forth in the District's Capital Improvement Budget
and Plan which is revised and updated every two years.
2. The portion of the revenues collected
pursuant to this e. i ,- . ~VChapt_er designated for equalization of
investment between existing and new users in the Running Expense
Fund and Self - Insurance Fund balances shall be used to fund the
new users' portion of the prudent reserve requirements of these
funds, as such requirements may be established from time to time
at the discretion of the Board of Directors.
D. Time for Payment and Penalties for Delinquent
Payment. Payment of capacity fees shall be due and made prior to
the time of imposition of any added burden. If a new connection
is proposed by the user making application for a permit, payment
shall be made at the time of the District's issuance of a permit
to connect to the public sewer. For a change of use where no new
connection is proposed by the user, payment shall be due and
made at the time the District reviews building plans related to
the change of use. If an added burden occurs without payment of
capacity fees, payment shall be due at the time of the
District's discovery of the added burden.
Under ordinary circumstances, where a connection
permit is sought, or where the District receives prior notice of
12
a proposed change in use, unpaid fees and /or charges shall
become delinquent forty -five days after mailing, or personal
delivery of, a notification of fees and /or charges that are due.
Under circumstances where the District does not
receive a request for a connection permit or building plans for
review prior to a change of use occurring, the fees and charges
shall become delinquent either at the time when the new
connection or change in use occurs, at the time of subsequent
discovery of the unreported new connection or change in use, or
forty -five days after notice of fees and charges being due is
provided to the user by mail or personal delivery, at the
discretion of the General Manager after consideration of the
facts of the particular situation.
Penalties for delinquent capacity fees shall be in
accordance with Section!—.4R:r��, 1.08.080 (Penalties for
Delinquent Payments_Z. The penalties expressed therein shall be
cumulative with, and in addition to, any and all other remedies
that the District may have in law or equity. The District shall
be entitled to recover its attorneys' fees under this
e - ,P1_,e- ha ..t_er, in addition to an fees, penalties, interest or
�.......A_..._ Y
other amounts to which the District may be entitled.
E. Persons Responsible for Payment of Capacity Fees.
The person(s) jointly and severally responsible for the payment
of capacity fees, including such fees as may arise out of an
added burden due to change of use, are: 1) the parcel owner at
the time the added burden occurs, 2) the tenant or business
owner (user) in the case of a nonresidential use, 3) the
wastewater utility service permit applicant, and 4) the parcel
owner at the time the District discovers an unpaid or delinquent
capacity fee, if those persons are not one and the same person
or entity. The liability for payment of such fees, in the event
the fees are not paid when initially due by the parcel owner or
the agent or assignee thereof, shall be joint and several among
the persons mentioned herein, but such joint and several
liability for a payment shall not limit any party's rights of
contribution or indemnity against other parties. It is the
intent of this EChapter that the parcel owner at the time
the added burden occurs should be ultimately liable as between
the persons jointly responsible for payment of the fee as set
forth in this f:�� Chapter, absent the existence of legally
effective contractual provisions between the responsible parties
to the contrary.
The parcel owner shall be responsible for notifying
prospective purchasers of the existence of unpaid or delinquent
capacity fees, whether disputed or not. Prospective purchasers
of parcels are similarly responsible for directly verifying with
the District that capacity fees have been paid, since existence
13
of unpaid or delinquent fees may not be apparent from title
report information.
F. Additional Fee. The revenues provided by
collection of the capacity fees pursuant to the provisions of
this hi+4r Chapter shall be in addition to all revenue
otherwise collected by the District, including, but not limited
to, ad valorem taxes, federal and state grants, contract
revenue, investment income, annexation charges, sewer service
charges, operating and maintenance fees and charges,
reimbursements, and charges imposed under Title 10, Source
Control (Pretreatment), of this Code.
G. Authority to Inspect Parcels. In order to effect
the powers of thisehapt-e_a' Chapter and pursuant to Section 6523.2
of the Health and Safety Code of the saeSta_te, the General
Manager and the General Manager's authorized representatives are
given the power and authority to enter upon privately -owned
parcels for the purpose of inspection of sanitary and waste
disposal facilities including, but not limited to, ascertaining
the nature of such facilities, the type of activities taking
place, the number of plumbing fixtures therein, whether
violations of the District Code provisions exist, and any other
facts or information reasonably necessary to ascertain the
applicability of any fees or charges to such parcels, or the
amount of such fees or charges, including fees for added burden
as a result of change of use. This power is subject to any
constitutional protections provided for at law; however, failure
of a user or prospective user to allow reasonable access to the
District for inspection as set forth in this ehapt_-e_Chapter
shall be sufficient cause for denying wastewater utility service
and connection to the District's sewer system, or for
terminating existing wastewater utility service and connection
to the District's sewer system. This power and authority is in
addition and complementary to the rights established in Section
. GR . 02 -,D-- , 1 . 08 . 020 (Right to Enter on Private Property, —)_ _ and
such other rights to enter upon private property as may be
available to the District under prevailing law. (Ord. 217 §
l(Exh. A(part)), 2001: Ord. 189 § l(Exh. A(part)), 1993: Ord.
169 § 1(Exh. A(part)), 1989)
6.12.040 Residential capacity fees.
A. Policy. Any new residential connection shall be
subject to payment of capacity fees in an amount which will fund
its proportionate share of the cost of District services and
needed upgrades, replacements, renovations and improvements of
existing District wastewater and household hazardous waste
collection, treatment, recycling, reuse and disposal facilities
to maintain their capacity, and to add to and /or expand these
M
facilities in the future when needed, all of which services and
facilities will ultimately be shared by current and future
users. These facility costs shall be estimated pursuant to the
policies and findings set forth within this f_44^.ir
'Chapter.
B. Establishment of Zones. The District Board of
Directors, with regard to providing capacity for new users, has
established and may, in the future, establish zones within the
District as a whole in order to more equitably establish fees
for locations within the District having significantly differing
costs for wastewater utility services and facilities. By
establishment of these zones, all parcels for which the
estimated cost of providing wastewater utility services and
facilities is similar shall be included within the same zone.
Zone 1 shall include all parcels served completely by the
gravity collection system, whereas Zone 2 shall include all
parcels that require District - operated sewage pumping facilities
to convey their wastewater to the gravity collection system. The
fees established for Zone 1 and Zone 2 shall differ in
proportion to the difference in costs attributable to providing
capacity for new users within each zone. The Board of Directors
may establish additional zones, by ordinance, as circumstances
may from time to time warrant.
C. Basis for Capacity Fees. Capacity fees for residential
units shall be set from time to time as provided in this
ehapte�Chapter based on the District's determination of the
then - current value of all District assets divided by the then -
current number of residential unit equivalents receiving
District wastewater utility service. The residential unit fees
established pursuant to the provisions of this �Chapt_er
shall be representative of both the volume of flow and strength
characteristics for an average residential unit as determined by
wastewater industry standards and specific studies undertaken by
the District and other sewering entities. Fees for multiple
residential units shall be determined by multiplying the number
of individual residential units by the standard residential unit
fees for the zone within which the units are located.
D. Additional Residential Units. Each residential unit
shall be subject to each of the residential unit fees for the
zone within which the residential unit is located as set forth
in this eha 4,-e---r-Chapter.
In the event a separate additional residential unit is
constructed on a parcel, whether or not in compliance with
applicable government regulations, additional capacity fees for
that residential unit shall become due. The creation of a
dwelling space that accommodates an additional separate living
area within a parcel, whether or not said additional separate
living area is constructed within the original building or is a
15
detached building, shall subject the parcel to assessment of
applicable additional residential unit fees. An additional
separate living area shall be defined as an area designed for
the purpose of separate habitation that 1) will be, or can be,
physically separated by a wall or door from other residential
units on the parcel, and 2) contains both a bathroom and
kitchen, as well as a multipurpose or bedroom area, and an
exterior entrance. The time for payment of capacity fees for
the added burden arising from the construction of a separate
additional residential unit shall be as set forth in Section
6.12.030....D--..( Time for Payment and Penalties for
Delinquent Payment). (Ord. 217 § 1(Exh. A(part)), 2001: Ord. 189
§ l(Exh. A(part)), 1993: Ord. 169 § 1(Exh. A(part)), 1989)
6.12.050 Nonresidential capacity fees.
A. Policy. Capacity fees shall be charged for each new
connection of a nonresidential building or facility, for each
new tenant space within a shell building for which capacity fees
have not been previously paid, and for each change of use from
residential to nonresidential or from one nonresidential user
group to another which creates an added burden. It is the policy
of the District that nonresidential users pay their
proportionate share of the costs of District services and needed
upgrades, replacements, renovations and improvements of existing
District wastewater and household hazardous waste collection,
treatment, recycling, reuse and disposal facilities to maintain
their capacity, and to add to and /or expand these facilities in
the future when needed, all of which services and facilities
will ultimately be shared by current and future users. Capacity
fees for nonresidential users shall be determined based on the
relationship of the nonresidential user's flow and strength
demands to that of an average residential unit. The
differentiation in fees between zones as set forth in Section
6.12.06.12.040.B., shall also apply to nonresidential
users.
B. Use of Residential Unit Equivalence Factors. There
shall be established a system of residential unit equivalence
factors (hereafter in this e-'_rte- Chapter referred to as "RUE
factors ") for each identifiable nonresidential user group within
the District. The RUE factor shall be determined by considering
wastewater flow and wastewater strength parameters for each user
group in relation to the demand of an average residential unit.
The wastewater flow and wastewater strength parameters shall be
determined based on flow and strength data available within the
wastewater treatment industry, as well as data obtained from
studies of the characteristics of the wastewater flow within the
District. The factors considered in developing the RUE shall
16
include the wastewater flow and wastewater strength comparison
between residential and nonresidential use. An allocation of
costs between flow and strength parameters based on their
respective contribution to the added burden will be employed.
C. User Groups. The District shall determine which
categories of nonresidential users may be properly categorized
into user groups having similar flow and strength
characteristics. A RUE factor will be developed for each user
group based on the flow and strength characteristics of that
user group. A further determination shall be made with regard to
each user group as to the unit of measure that most accurately
demonstrates a positive correlation between the actual flow from
a particular user and a.—tangible criteria of measurement. The
unit of measure may vary between user groups.
D. Calculation of the Capacity Fees for Nonresidential
Uses.
1. The capacity fees for any parcel within the
District's boundaries imposing an added burden on the sewerage
system shall be based on anticipated use and shall equal the
product of the estimated number of residential unit equivalents
(RUE) that will result from the added burden, as determined in
,,cibsee -; e Subsection (D) (2 ) of this section, and the capacity
fee rates determined pursuant to the provisions of this
Chapter .
2. Calculation of the Number of Residential
Unit Equivalents Being Connected. The anticipated use of the
sewerage system shall be calculated in terms of RUE. The number
of RUE shall be determined by the following formula:
RiJE = FLOC * B BOCK TSSC Actual Number of
FLO EC}D Emits of Measure RU) I A
where:
A = The proportion of the total capital costs required to
construct an increment of the sewerage system of the
existing configuration for conveyance, treatment and
disposal of wastewater which is attributable to flow,
B = The proportion of the total capital costs required to
construct an increment of the sewerage system of the
existing configuration for conveyance, treatment and
disposal of wastewater which is attributable to biochemical
oxygen demand (BOD),
C = The proportion of the total capital costs required to
construct an increment of the sewerage system of the
existing configuration for conveyance, treatment, and
disposal of wastewater which is attributable to total
suspended solids (TSS),
M
FLORU = Average flow of wastewater from a residential unit
in gallons per day,
BODRU = Average concentration of biochemical oxygen demand
in the wastewater from a residential unit in milligrams per
liter,
TSSRU = Average concentration of total suspended solids in
the wastewater from a residential unit in milligrams per
liter,
FLOC = Average flow of wastewater which is estimated to
enter the sewerage system via each specified unit of
measure in gallons per day,
BODc = Average concentration of biochemical oxygen demand
which is estimated to enter the sewerage system via the
proposed nonresidential use in milligrams per liter,
TSSC = Average concentration of total suspended solids
which is estimated to enter the sewerage system via the
proposed nonresidential use in milligrams per liter,
and where:
FLORU, BODRU, TSSRU, A, B and C shall be determined from
time to time by the General Manager in accordance with
accepted engineering standards.
3. The number of RUE attributable to a parcel
from which wastewater is discharged shall be calculated using
average concentrations of biochemical oxygen demand and total
suspended solids for each connecting parcel's user group which
shall be determined from time to time by the General Manager in
accordance with accepted engineering standards. The average
concentrations of biochemical oxygen demand and total suspended
solids shall be based upon the best data available, including
updated sampling information and data from other jurisdictions
and publications.
4. For the purpose of determining whether the
number of RUE attributable to a nonresidential parcel has
increased, the existing number of RUE shall be based upon the
units of measure for the parcel for which the District has a
record of capacity fee (or other predecessor connection fee)
payment.
5. For the purpose of determining the number of
RUE attributable to a nonresidential user, the flow, BOD and
total suspended solids concentrations shall be based on the
following, including any estimated sanitary wastewater
contribution:
a. For new users, information required by
the application or in the permit for industrial wastewater
discharge as set forth in Title 10, Source Control
(Pretreatment), of this Code, or other such credible information
as may be developed at the discretion of the General Manager in
accordance with accepted engineering standards; or
b. For existing dischargers, information
referenced in Title 10, Source Control (Pretreatment), or in the
application or permit for industrial waste -water discharge, or
other such credible information as may be developed at the
discretion of the General Manager in accordance with accepted
engineering standards, including District monitoring data.
E. Capacity Fees for Shell Buildings. Capacity fees
for shell buildings, that is, buildings with finished exteriors
and unfinished interiors, shall be calculated by application of
the appropriate user group unit of measure and RUE factors
included in Section , 6.12.080 (Schedule of Capacity
Fees, Rates and Charges.)., to the entire building. For example,
fees for business office shell buildings shall be based on the
business offices user group (Use Code OB) unit of measure and
RUE factors, fees for retail shell buildings shall be based on
the retail sales user group (Use Code BR) unit of measure and
RUE factors, and warehouse shell buildings shall be based on the
warehouses user group (Use Code IW) unit of measure and RUE
factors.
F. Special Studies. The fee structure adopted by the
Board of Directors provides procedures for determining the
capacity fees for certain nonresidential user groups by use of a
special study. The user groups for which special studies are
required to set the capacity fees for particular users within
the group include those user groups where there is widely
varying data as to wastewater flow and strength between users in
that group and for which no RUE factors have been established by
ordinance. The user groups that require special studies are so
designated in Section ,6; . 12 . � , - 6.12. 080____LSchedule of Capacity
Fees, Rates and Charges_)
If an individual user within a user group believes that the
applicable capacity fees as determined by use of established
units of measure and RUE factors is unreasonably high based on
the user's anticipated site - specific wastewater flow and
strength, that user may request that a special study be
conducted by District staff to determine the appropriate
capacity fee. Such study shall be undertaken upon payment by the
user of the cost for such study.
All special studies, whether required by this
�Chap_ter or pursuant to a user request, shall be based
upon an engineering application of the principles set forth in
this = TChapter and to the particular wastewater flow and
strength factors of the user subject to the special study.
If the special study is completed prior to the time payment
of capacity fees is due, the amount of the payment shall be
19
based on the results of the special study. However, if the
special study is requested fewer than thirty calendar days prior
to the time payment of capacity fees is due, and the special
study cannot be completed prior to the time such payment is due,
the user shall pay capacity fees determined by application of
the units of measure and RUE factors included in Section
—12-9, 6.12._080...,., (_Schedule of Capacity Fees, Rates and
Charges.)_. If the subsequently completed special study results
in a capacity fee that exceeds the initial fee actually paid by
more than ten percent, the user shall be responsible for the
difference, and will be billed therefor. If the special study
results in a capacity fee that is more than ten percent less
than the initial fee actually paid, the District will refund the
difference to the parcel owner.
G. Reevaluation of Fee. In the event that a user's
connection is permitted after a special study has been conducted
which may, in the judgment of the General Manager, result in
discharge of wastewater with unusual characteristics or where
the flow and strength characteristics of that user's wastewater
may be difficult to estimate prospectively, such user's capacity
fee determination may be subject to a reevaluation study after a
period of from one to five years of observation. Separate
metering of the water supplied to such user's facility, either
by use of the water utility's meter or by private meter, may be
required by the District to facilitate the reevaluation study.
If the reevaluation study demonstrates that the capacity fees
previously imposed do not reflect the actual flow and strength
characteristics of the user's discharge, then an additional fee
may be imposed or refund issued thereafter based on the actual
flow and strength characteristics as determined by the
reevaluation study.
The user shall be responsible for payment of any additional
fee within thirty days of receipt of a District invoice therefor
if the reevaluated fee is more than ten percent greater than the
actual capacity fee originally paid.
H. Capacity Use Charge Program. The Board of Directors
finds that the Capacity Fee Program may impose a constraint on
business formation within the District for certain
nonresidential user groups. To mitigate this potential
constraint, a Capacity Use Charge Program was established to
allow for time payment of capacity fees. Only the gravity
capacity fee, as set forth more fully in Section: -1 -2;-
&_.12.0_80 (Schedule of Capacity Fees, Rates and Charges), is
eligible for the Capacity Use Charge Program. The pumping
capacity fee is not included in the Capacity Use Charge Program.
To implement the program the Board of Directors
adopted, as part of the Schedule of Capacity Fees, Rates and
UP
Charges in Section- .� -89-; a capacity fee RUE factor
for a minimum "initial payment" threshold. The Capacity Use
Charge Program includes all user groups whose facilities
capacity fee RUE factor exceeds the minimum "initial payment"
factor. Participation in the Capacity Use Charge Program shall
be at the option of the user, with the concurrence of the parcel
owner.
For those users within user groups included in the
Capacity Use Charge Program which elect not to participate in
the program, capacity fees shall be assessed as otherwise
provided for in this c-h - er-Chap _t_er.
For those users within user groups included in the
Capacity Use Charge Program which elect to participate in the
program, capacity fees initial payment, and current year
capacity use charge based on the number of months remaining in
the current fiscal year shall be assessed at the time the
District reviews pertinent building plans. Such fees and charges
are payable at the time of the District's issuance of a permit
to connect to the public sewer for a new connection, or at the
time the District reviews building plans for a change of use.
Subsequently, for a fifteen -year period, each user participating
in the program shall be assessed and shall pay an annual
capacity use charge, in accordance with this seetenSec_t_ion. The
payment of pumping capacity fees for users within Zone 2 shall
not be affected by a user's election to participate in the
Capacity Use Charge Program.
The annual capacity use charge shall be billed and
collected for each user participating in the program in the same
manner as that user's annual sewer service charge is billed and
collected, either by placement on the tax roll or by direct
billing, for a period of fifteen years.
The annual capacity use charge for each user participating
in the program shall be the product of the flow (i.e. the user's
annual billable consumption used for calculation of the sewer
service charge), and an annual capacity use charge rate set
forth in Section ?t3�,- 6.12 ,_080_. .(.Schedule of Capacity Fees,
Rates and Charges Z_. Billable consumption shall be based on the
user's metered water flow, or on a District estimate where the
user shares a water meter with another business or businesses.
The capacity use charge rate for each user group included
in the program shall be determined by the following formula:
Capacity Use Charge Rate = (RUEug - RUEip) x RUF x ACF
HCFug
where:
RUEug = The gravity capacity fee residential unit
equivalence factor for the user group (ug).
21
RUEip =
The gravity capacity "initial payment (ip)" fee
residential unit equivalence factor.
HCFug =
The average annual billable consumption for a
unit of measure for the user group, in hundreds
of cubic feet (HCF).
RUF =
The gravity capacity fee for a residential unit
equivalent, in dollars.
ACF =
Annual charge factor based on a fifteen -year
term and the rate of interest adopted by the
Board of Directors as part of Section
6...._ 12..... _0_$._0.,..._.____...(Schedule of Capacity Fees, Rates and
Charges, determined by the following formula:
ACF =
i(l + i)15 where i = the interest rate adopted by the
(1 + - 1 Board.
The current year capacity use charge, to be assessed
at the time the District reviews pertinent building plans, for
each user group included in the program shall be determined
based on the following formula:
Current Year Capacity (RUE„g - RUEtp) x RUF x ACT (Number of (Number of Months
Use Charge - x Units of x of Fiscal Year
12 Measure) Remaining - 2)
where:
RUEug, RUEip, RUF, and ACF are as defined above.
In the event an added burden is discovered for which
capacity fees have not been paid, and the user category is one
which is otherwise eligible for the Capacity Use Charge Program,
the General Manager may, at his /her discretion, allow the user
to participate in the program for payment of fees resulting from
the added burden.
In the event that a change of user group occurs for a user
participating in the Capacity Use Charge Program to a user group
not included in the Capacity Use Charge Program, and where such
change of user group continues through the next fiscal year or
longer, or where there is a cessation of use which continues
through the next fiscal year or longer, participation in the
program shall be suspended. Where a subsequent change of user
group occurs to a user group included in the Capacity Use Charge
Program, or where use resumes in a user group included in the
program, the subsequent user may participate in the program and
the required term for payment of capacity use charges shall be
fifteen years less the years of prior participation by users
occupying the same tenant space on the parcel.
I. Capacity Use Charge for Facilities Use Under a Special
Discharge Permit. The Board of Directors finds that it is
22
reasonable and necessary that those temporary customers served
under a special discharge permit, contribute to the funding of
services and facilities provided for in this eh;T--- Chapter.
Each user served under a special discharge permit shall be
assessed a capacity use charge. The capacity use charge shall be
based on use of the District's facilities and shall be
determined by the following formula:
Capacity Use Charge = RUEsd x RUF x DCF x days
where:
RUEsd = The number of residential unit equivalents of the
discharge as determined pursuant to the formula
in subs E,el-. ; ynSubsection D; -(Calculation of
Capacity Fees for Nonresidential Uses,) of this
see .Sec_t _on,
RUF = The capacity fee for a residential unit
equivalent in the applicable zone, in dollars,
included in Section;- Oft}; -- 6.._12__.
of Capacity Fees, Rates and Charges)_,
DCF = The daily charge factor based on the rate of
interest adopted by the Board of Directors
included in Section 6.12 n9n 6.12.080 (Schedule
of Capacity Fees, Rates and Charges)_, determined
by the following formula:
i
DCF = , where i = the annual interest rate adopted by the Board.
365
days = The total number of days during which wastewater
was discharged.
The capacity use charge shall be billed and collected
either monthly or quarterly as prescribed in the user's special
discharge permit. (Ord. 217 § l(Exh. A(part)), 2001: Ord. 189 §
1(Exh. A(part)), 1993: Ord. 169 § 1(Exh. A(part)), 1989)
6.12.060 Change of use.
A. Added Burden. Any change of use for a parcel which
results in an added.burden on the District's facilities will
subject that parcel to additional capacity fees for the added
burden. Any person who causes an added burden to be imposed
shall pay capacity fees in accordance with this eAirap- e-Chap_ter.
With respect to discharges which constitute an increase in the
existing strength and /or quantity of wastewater attributable to
a particular parcel or operation which is already connected to
the District's sewerage system, such additional capacity fees
shall be determined based on the added burden placed on the
sewerage system as measured by the applicable unit of measure
and RUE factors. When change in use requires that the parcel be
reclassified to a different user group, the applicable fees
shall be calculated using the RUE factors for the new user
23
group. If the fee calculated using the RUE factors for the new
user group exceeds the previous capacity fees (or other
predecessor connection fees) paid for the previous use by an
amount less than ten percent of the previous fee, no additional
fee shall be due.
B. It shall be the duty of the owner of the parcel as
well as any other person made responsible under this
e4i-rap-� -- Chapter for payment of fees, to notify the District of
any added burden imposed upon the owner's parcel or within the
operations thereon prior to the change of use or immediately
upon learning of the change of use, whichever comes first. If an
added burden has occurred without payment of capacity fees when
due as set forth in Section <...' '? . 1'1-) r, ` " , 6.12.030. D Time for
Payment and Penalties for Delinquent Payment)_, payment of the
fees shall be due from the time of imposition of the added
burden or from the time of the District's discovery of the added
burden, at the discretion of the General Manager. (Ord. 217 §
1(Exh. A(part)), 2001: Ord. 189 § 1(Exh. A(part)), 1993: Ord.
169 § 1(Exh. A(part)), 1989)
6.12.070 Capacity fee credits.
No capacity fee credits for demolition and reconstruction
or other change in use will be allowed except as specifically
provided in this 9-e-, -� �Sec_tion.
A. Capacity Fees Not Transferable. Capacity fees are not
a commodity and may not be sold, traded, transferred, or
otherwise alienated. Capacity fees may not be transferred as
between parcels, except in the case of reparcelization or
consolidation of parcels for the purpose of development thereon
or__as_..permi_tted_ by_..._ the .._relocated _ business credit_ provisions of
this Title.
B. Demolition /Change in Use Credits. A credit ff� ..�As.
..............
allowed where new construction replaces a demolished building,
if fees were paid and required District inspections performed on
the demolished building. The credit for a demolished building
shall be equal to the capacity fees that would be paid if the
demolished building were to be connected under the terms of this
;,�TChapter, based on the capacity fees, rates and charges in
effect at the time the credit is requested.
A credit for a change of use of a parcel maybe - allowed
where fees were paid and required District inspections performed
if the new use imposes a greater burden on the District's
services and facilities. The determination of a credit shall be
based upon the RUE factors and the units of measure existing
immediately prior to the construction of the improvement or
occurrence that brought about the change of use when compared to
the same factors after the change in use.
24
The credit provided above shall be based on the highest use
(the greatest burden on the District) for which capacity fees
(or other predecessor connection fees) have been paid, at the
capacity fees in effect at the time the credit is requested.
It shall be the responsibility of the applicant requesting
a credit to demonstrate to the reasonable satisfaction of the
General Manager the user group and the unit of measure which was
applied to a demolished building or the building for which there
was a former use; further, the applicant shall demonstrate that
such building was legally connected to the sewer system and that
fees for such connection were paid to the District. In the case
that a demolition credit is claimed, the applicant shall
demonstrate that the building's side sewer has been properly
abandoned. The credits provided for above shall be available for
change of use (including demolition and reconstruction) on the
same parcel and are not transferable. Credits shall be allocable
to the owner of such parcel at the time of change of use.
C. Watershed Fee Credit. In the event that a parcel owner
has paid "watershed fees" under a prior ordinance for a
particular parcel (or a parcel owner has completed sewer
improvements agreed to by the District in lieu of payment of
watershed fees) , the parcel owner may �= egrecei_ve a credit
against unpaid capacity fees which become due on the parcel for
the previously paid watershed fees. The credit shall be in the
amount of the watershed fee paid on the parcel or the amount of
the watershed fee for such parcel in effect immediately prior to
July 1, 1989, whichever is greater.
D. Business Credit. As stated _in__this Chapter,
:._.._ -_ _ .... .... -- _
capacity fees run with the parcel and are. typically not
transferable among_._ parcels Nonetheless, Board may at
discretion permit a property owner or holder of _a leasehold
estate trans_fer previously paid capacity f_ee payments from
_ - ....
one property to e... , receive a.__capacity.. fee _..credit)__
when a business is relocated within the District. The Board
shall cons_i_der..._any ..._relo.cated. business credit re on a case
..... .,.-
bycase basis and may review . all including but
not limited to condemnation by another public agency or changes
in land use. Requests shall be made at or before the time of
..... .......
:the payment_ of capacity fees_ for the relocation parcels.
approved relocated business credits shall be in a written
agreement between the District and all with an interest
in parcel (i.e., _. the parcel from which the transfer
is sought) , _including but not _limited to fee simple property
owners, lien holders, and lease holders. The provisions of this 11
subsection shall have no retroactive effect and are unavailable
.......... ........ _
for any credit request submitted before the effective date of
this Section This subsection does not create any_vested_righ.t
25
to transfer ca-oacitv fees and shall only-_.__ be available to address
unusual or unforeseen circumstances where the imposition of a
second caDacv fee for the same business would effectively ... ...... . .. .....
. ....
result in a duDlicate charcre for the use of essentially the same
... ................... ..........................
. . ..... .
capacitV. Furthermore, this subsection shall not in any way
......................... ...................... . . .................... . ....................................... . ..... ...... ............ ..
create aright to engage in n-a general commodity --- or exchange
market in capacity credits between different businesses,
...........
entities or. persons.
DE. Allocation of Capacity Fee Credits. Previously paid
capacity fees run with the parcel. Past fee payments which are
in excess of current fees due (credits) belong to the parcel
owner. Credits may be transferred from one tenant space to
another on the same parcel in accordance with written directions
from the parcel owner. Where credits are available, they will
be calculated on the same basis as the current fees due.
�F. Payment for Capacity Fee Credits Not Applicable.
Credits as calculated pursuant to the provisions of this
will be applied as an offset against fees which
become due subsequent to building demolition and reconstruction
or at the time of other change of use. No direct cash refund or
payment for any such credits will be made by the District, even
if the demolition and reconstruction or other change in use
produces a net reduction in burden (RUE) on the subject parcel.
(Ord. 217 § l(Exh. A(part)), 2001: Ord. 189 5 I(Exh. A(part)),
1993: Ord. 169 § 1(Exh. A(part)), 1989)
6.12. 080 ReelSchedule of p-r--i-&±:�capacity fees,, rates and
---- ............................
charges.
A 4 1- �
The --s' elq.apt-er, et-4. ee ,
r-efpeal- t--he 4A
a e les
.-p—efftent f s
ne�J14 A 4 1) r) r) I
Si-i-S--d E)iF se any ebligatAen t�e pay fees +indef
allew I-e --p
e-r-dinanees' whieh eb!.±�fa.t--ien aeerid.eel en er- I-:)efere 4:idly 9, 2991,
1
e±� pr±ei� 1 fRay eefae-4a-e
G, d 16 9 1 wE�h
i9R9)
M
6 12 0 Sehedizi-le ef (---apa.eit-y fe.es, r-a-es and eh-a.r-ges. The
-------------------- ------- --- - ---- --- . . . .
. ......... . ............... . ......
Board of Directors has set t'--he capacity fees, rates,
and charges as sejc- b Yordinarc, e
pursuant
- ........... .......................
to the provisions of this �Chapter, to ensure
adequate funding of all needed upgrades,
replacements, renovations, and improvements of
existing District wastewater and household hazardous
waste collection, treatment, recycling, reuse, and
disposal facilities to maintain their capacity,
additions to and expansions of the capacity of these
facilities in the future when needed or as required
to meet legal and regulatory requirements (all of
which services and facilities will ultimately be
shared by current and future users), for equitable
adjustment of capital contributions as between new,
current, and contractual users, and prudent reserve
requirements of the Running Expense Fund, the Self
Insurance Fund, Debt Service Fund, and the Sewer
Construction Fund occasioned by the added burden on
District services and facilities attributable to new
users and current users who change the use of their
connected buildings or facilities; and to provide
that each new user and each current user who changes
the use of his/her connected buildings or facilities
pays his/her fair share of the cost of District
services and facilities.
12 "ggg"ming 11:=AM"AWWWW�� NO an
- G e .
Gravit Papae , #-y
Piii-t�inq GapE.fe - t-y Fee! 1-'
e a
G�-a-ity ZeRe Fee Zene 1) Gr-avit-y Gapae-#-y Fee
P,if,,ped I-ene F-ee (Z-ef�e 2) Gi�',-avity Gapaei#-y Fee i
Gagaelt", F�'-
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28
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30
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31
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The anmal Wt--erest- ic�,te fer ealei z) E
Or. 2'34 § I SM. A), 2005: Go
110 win
- -- --------
.1,
I
6.16,940 Findings.
4--�-.
646.030 Repeal ef prier eede seehien.
Toe board et direeters finds that under eertain speeia+
eapital imprevements te Distriet Weilities may have
been -t-he
C�
future,
fer whieh all benefited preper;y is net assess—I its fair share
established under ether ehapkers ef this title (Fees and
The Beard alse finds that where
be-eia---ffiade-44-- way be
Astriet's sewerage system te previde Ear equity and te fairly
he
6.16.620 EqualWatiCan
.he Beard may hreffi time te time, after eendueting a
fairlya.. distribute the eest eg, eertain eapWal
4
�W--Ments te Distriet fael!Mes for whieh ether fees and
ds net apply, all prepefly
33
-. -
-=
_ ', nething in 44i<-
. .. , .. ... _, �.. _ . .. ... , .._
The actual.. Schedule_ of Capacity Fees, Rates and Charges
shall be kept on file with the Secretary of the District.
6._1.2. 09..0 No Prepayment of _. capacity . fees, rates_ _and__. charges .
With the exception of the credit provisions set forth in this
Chester no_ prepayment of capacity fees rates or char es is
.. __
permitted.
Chapter 6.20
REIMBURSEMENT FEES
gart-i nncz
6.20.010 Policy statement, findings, declaration of
6.20.300 Schedule of reimbursement fees.
34
purpose and definitions.
6.20.020
Eligibility to establish reimbursement accounts.
6.20.030
Installer submittals.
6.20.040
Reimbursement fees and agreements.
6.20.050
Adoption of reimbursement fees by ordinance.
6.20.060
Notice to affected property owners.
6.20.070
Effective date of reimbursement fees.
6.20.080
Collection of reimbursement fee deposits.
6.20.090ez'
-i
ees+sAdministration charges.
6.20.100
Apportionment of reimbursement funds when more
than one installer.
6.20.200
Funds and accounts.
6.20.210
Adjustment of reimbursement fees and��t�,
6.20.220
Timing for payment of reimbursement fees and
deposits.
6.20.230
Expiration of reimbursement fees.
6.20.240
District not liable.
6.20.250
Effect of chapter.
6.20.260
R,np -,, g prior
Rebate_._ fees and. char es..._accrue_d
_ to June 1 1998.
6.20.300 Schedule of reimbursement fees.
34
6._2.0 4._00 _ Customer reimbursement of installation
:. _ ...............
costs.
6.20.010 Policy statement, findings, declaration of purpose
and definitions.
A. It is the policy of the District that public sewage
facilities be designed and installed to provide for gravity
wastewater utility service to the ultimate tributary service
area projected for such facilities, and that the costs for such
facilities be fairly and equitably distributed among those
customers who will use the facilities.
B. The Board of Directors finds:
1. That it is in the public interest for the
District to require installers to design and construct public
sewage facilities having capacity which exceeds the need
attributable to and reasonably related to development of their
property to avoid replacement of existing, or construction of
additional parallel public sewage facilities to serve properties
not provided capacity when the public sewers were first designed
and constructed, since such replacement or additional
construction results in:
a. Increased District capital, operations
and maintenance expense;
b. Public inconvenience;
C. Reduction in the efficiency of
collection system operations; and
d. Potential public health hazards.
2. That construction of public sewage
facilities which are sized and designed to provide wastewater
utility service to properties other than those owned or to be
developed by the installer is necessary for orderly and proper
extension of wastewater utility service to all such properties
which could reasonably be served.
3. That it is therefore necessary to require
installers to design and construct public sewage facilities
having capacity which exceeds the need attributable to and
reasonably related to development of their property.
4. That the cost of public sewage facilities
should be fairly and equitably distributed among those customers
who will ultimately use the facilities, so that the incremental
cost to properly size and design such facilities does not
prevent the installation of proper public sewage facilities
consistent with the policy stated in this seet4enSection.
5. That rebate accounts, and rebate fe.11� —c
e amounts. established under prior ordinances, before June
-.
11 1998, remain in full effect and shall be considered to be
35
reimbursement accounts, and reimbursement f-e-es-amounts under this
- hap-t�i�Chapt_er.
C. The purpose of this ,� Chapter is to require that
public sewage facilities have adequate capacity and are
configured to handle the sewage flow from the property which
could reasonably be served by the facilities, and to provide for
fair and equitable distribution of the costs of such facilities
through a reimbursement program. The rules and procedures for
establishment of reimbursements, and the collection and
disbursement of reimbursement funds are governed by this
ept Chap_t_er .
D. The following definitions apply to this
,,, _.. p _ Chapter:
_
1. "Standard facilities" means
public main,
local street and collector sewers installed using conventional
construction techniques, and ordinary appurtenances to such
public sewers, such as manholes and rodding inlets.
2. "Special facilities" means public trunk
sewers, interceptor sewers, pumping stations, or public main,
local street and collector sewers which require special,
unconventional installation techniques, such as tunnels,
e �.i--, creek or channel crossings requiring bridges,
trestles, culverts, and /or channel modifications, greater than
twenty foot trench f
t unusually costly shoring or traffic control
measures, or other non - standard appurtenances of unusually high
cost.
3. "Installer" means a property owner or
developer who is financially responsible for installation of
standard or special facilities, the capacity of which exceeds
the need attributable to and reasonably related to development
of his /her property.
4. "Bonds" means the project improvement
security required by the District to guarantee satisfactory
completion and warranty of the standard or special facilities by
the Installer, and payment by the Installer to contractors,
subcontractors, and others providing equipment, labor or
materials for construction of the facilities. (Ord. 205 §
1(part), 1998)
6.20..020 Eligibility to establish reimbursement accounts.
A. Standard Facilities. The installer of a public sewage
facility which is a standard facility may apply to establish a
reimbursement account for the facility by making the post -
construction submittals as required by Section: -?0 a
6.20.030_A.
36
Alternatively, the installer may apply for early
establishment of a reimbursement account by completing all of
the submittals required by Section .29.939- A6.20.030.A._,
substituting estimates of the costs of engineering, right -of-
way, construction and bonds for the standard facility,
acceptable to the General Manager, in place of the contracts and
receipts documenting the actual costs therefore. In the
case of such early establishment of a reimbursement account, the
installer shall also complete the post- construction submittal of
contracts and receipts documenting to the satisfaction of the
General Manager the actual costs of engineering, right -of -way,
construction and bonds for the standard facility required by
Section 6 £).',,,3zl l-) ( -)- 6.20.030.A.4. , no later than six months
.._...___.
after the District's acceptance of a standard facility, to
remain eligible to receive reimbursements under this
E �--,cam= Chaster .
B. Special Facilities. To be eligible to establish a
reimbursement account for a special facility, the prospective
installer shall obtain the approval of the General Manager prior
to the issuance of a District permit for the construction of the
facility. The installer may apply to establish a reimbursement
account for the facility by making the preconstruction
submittals required by Section 6.29 .9 6.._.2._0,_0.3.0_._B. To remain
eligible to receive reimbursements under this e _ Chapt_er
after the District's acceptance of the special facility, the
installer shall also complete the post- construction submittals
required by Section -6--_) .:4 -3-{ .6_._2.0._.0.30.._._C.
C. The General Manager will determine whether
establishing a reimbursement account is justified by evaluating
submittals from the installer. If the General Manager determines
that properties other than those owned or to be developed by the
installer could reasonably be physically connected directly to
the facility in the case of standard facilities, or could
reasonably be served by the facility in the case of special
facilities, the installer shall be eligible to establish a
reimbursement account.
In addition, the installer of a special facility shall be
eligible to establish a reimbursement account prior to
construction of the special facility, when properties which
could reasonably be served by the special facility in the future
receive interim service through use of temporary facilities.
(Ord. 223 § 2(part), 2002; Ord. 205 § 1(part), 1998)
6.20.030 Installer submittals.
A. Post - Construction Submittals for Standard Facilities.
No later than six months after the District's acceptance of a
37
standard facility, the installer shall submit all of the
following to the General Manager:
seale- 1
2. T
- "E l
1__. A copy of approv_ed__3ob. plans; _and
.... .
2_. Reimbursement
3. Appropriate account setup fees; and
4. A statement disclosing any agreements regarding
the sharing of the standard facility costs which exist between
the installer and any other party or parties; and
-4-:5. and receipts documenting to the
satisfaction of the General Manager the actual costs of
engineering, right -of -way, construction and bonds for the
standard facility.
B. Preconstruction Submittals for Special Facilities. To
provide for evaluation and approval of reimbursements for a
special facility prior to the issuance of a District permit for
the construction of the facility, the prospective installer
shall submit all of the following to the General Manager at
least thirty days prior to time of his /her application for the
permit:
1. Reimbursement account appl l_ca- t_i_on_rand
2. Appropriate account setup fees ___ and
:...:.. .. - -- - ......... :.__.... _ :........ .... - - -._ ........ ..__.
3. A scale map delineating the special facility, as
well as all parcels which could reasonably be served by the
special facility; and
A list of all parcels which could reasonably
be served by the special facility including each owner's name,
address, county assessor's parcel number and current zoning; and
3=5. A statement disclosing any agreements
regarding the sharing of the special facility costs which exist
between the installer and any other party or parties; and
-4 6. Estimates satisfactory to the General
Manager of the costs of engineering, right -of -way, construction
and bonds for the special facility.
C. Post - Construction Submittals for Special Facilities.
In addition to the preconstruction submittals required by
Section 11.21- 0?'. -,'6.20.030.B., no later than six months after
the District's acceptance of a special facility, the installer
shall submit all of the following to the General Manager:
1. Contracts and receipts documenting to the
satisfaction of the General Manager the actual costs of
engineering, right-of-way, construction and bonds for the
special facility;
2. Copies of the maps, parcel lists and
statements regarding existing agreements for the sharing of the
special facility costs submitted pursuant to Section
s6.20 030.B., updated to show any changes. (Ord. 223 § 2(part),
2002; Ord. 205 § l(part), 1998)
6.20. 040 Reimbursement fees and agreements.
A. All reimbursements for installers pursuant
Chapter shall be set forth in a written agreement between the
....................... ...... ........ . .....
installer and the District. Such agreements shall be signed by
the installer at or about the time of the creation of a
reimbursement account. -Reimbursement fees will be calculated by
.......................... 1 1.
dividing the sum of all allowable costs of the standard or
special facility by the total number of connections or
residential unit equivalents which could reasonably be
physically connected directly to the facility in the case of
standard facilities, or could reasonably be served by the
facility in the case of special facilities. Reimbursement fees
will be determined based on consideration of the following:
1. Costs which are allowable for inclusion in
the calculation of reimbursement fees are those which are
directly related to the planning, design and construction of the
standard or special facility, including payments to contractors
and engineers, securing bonds, and acquiring right-of-way for
the project. Ineligible costs include, but are not limited to,
attorneys' fees, financing costs, and the installer's overhead
and office expenses related to the coordination and supervision
of contractors engaged to perform project work.
2. The total number of connections or
residential unit equivalents which could reasonably be
physically connected directly to the facility in the case of
standard facilities, or could reasonably be served by the
facility in the case of special facilities will be determined
considering zoning regulations of the agency having jurisdiction
for determining land use policy in the area to be served, the
configuration of the District's existing sewage facilities, the
character of development adjacent to the reimbursement area, and
site topography.
B. The Board of Directors recognizes that the above
listed factors may not be the only basis for determining
reimbursement fees in every case, and therefore authorizes the
General Manager to exercise his/her
in
determining the actual reimbursement fee that applies when, in
his/her opinion, modifications are justified. (Ord. 223 § 2
(part), 2002; Ord. 205 § l(part), 1998) -
39
6.20.050 Adoption of reimbursement fees by ordinance.
The District Board of Directors shall adopt
reimbursement fees for particular standard and special
facilities, from time to time, by ordinance upon a two - thirds
vote, after having conducted a properly noticed public hearing,
at which oral or written presentations could be made, as part of
a regularly scheduled meeting. (Ord. 205 § 1(part), 1998)
6.20.060 Notice to affected property owners.
At least ten days prior to the public hearing to receive
comments regarding the adoption of reimbursement fees, the
District shall notify the property owner or owners of record of
the properties to which such reimbursement fees will be
applicable, as identified on the last equalized assessment roll,
by U.S. mail of the time and place of the public hearing. The
notice shall include a general description of the District's
reimbursement fee program, a description of the standard or
special facilities installed or to be installed which give rise
to the particular reimbursement fee proposed, and the initial
amount of the proposed fee. (Ord. 205 § 1(part), 1998)
6.20.070 Effective date of reimbursement fees.
The reimbursement fee for a particular standard or special
facility shall become effective seven days after publication of
the ordinance adopting the reimbursement fee for the particular
facility. (Ord. 205 § 1(part), 1998)
6.20.080 Collection of reimbursement fee deposits.
To ensure that all property owners pay their fair and
equitable share of the cost of standard and special facilities,
the General Manager may establish reimbursement fee deposit
accounts, determine reimbursement fee deposit amounts, and
collect such reimbursement fee deposits from property owners who
apply to connect their property directly to a standard facility,
or to a public sewer upstream of and tributary to a special
facility, prior to adoption of a reimbursement fee for the
facility. The amount of the reimbursement fee deposit shall be
determined by the General Manager by the method of Section
6.20.040, substituting estimates of the costs of engineering,
right -of -way, construction and bonds for the facility in place
of the actual costs , :rtherefore. When the reimbursement
fee applicable to the facility is adopted by the Board of
Directors, the reimbursement fee deposit shall be used to pay
the reimbursement fee applicable to the property. Any portion of
the deposit, including interest calculated in accordance with
California Government Code Section 53079, remaining after
payment of the applicable reimbursement fee shall be returned to
the property owner. If the applicable reimbursement fee exceeds
the deposit, the property owner shall be invoiced by U.S. mail
for the difference, and shall pay such amount to the District
within sixty days of receipt of such invoice. If no applicable
reimbursement fee is adopted within one year of the date of the
District's acceptance of the facility, the deposit, including
interest calculated in accordance with California Government
Code Section 53079, shall be returned to the property owner.
The District may accept securities in lieu of cash deposits
in accordance with current law. (Ord. 223 § 2(part), 2002; Ord.
205 § 1(part), 1998)
6.20.090 Administration
charcL .
ether P
r
The Board may from time to time set up reimbursement
_-
program. administration charges, including.. but not____limi_ted_.._t_o
charges .. for the ___.. creation ._ofreimbursement accounts and
transaction fees.
6.20.100 Apportionment of reimbursement funds when more than
one installer.
Where there is more than one installer of a standard or
special facility, reimbursement funds collected shall be
disbursed as set forth in -e u
,. ....... fir
Ka-Ha� th_e- a - -- -
_ ctreement between the installer and the District.
(Ord. 223 § 2(part), 2002; Ord. 205 § 1(part), 1998)
6.20.200 Funds and accounts.
Funds collected by the District under thisChapter
shall be placed in segregated accounts for each project for
which reimbursement fees or deposits are established. Bet-�eefi
41
Ist and
,..,t - —Fft f- 1 e --�iTS'E'4 - -za -, :E.:'E�i:.i [3= q-- r'sr:� fie—
�'."' ' _ t_ L s.
ee 11 ee tF �- .m , nr..n �� r , en aes t_ byWhen funds are
collected, the District shall send a written notice to the
-- --- - - - - -- - - - --
ins_taller's last known address The District_._shal_l di_sburs_e
-..:.
.. _..
funds only upon_ written ._...._recu-est....of. the installer; 44e- �E47 e
__
a +�_,&-- '___fie _..i a ' e -s - vFra-x- �r L =y -
r
- €ems... a nd_ pa y��t�_-&---�:'e
R!car.dless of whether funds are collected, the District
- ...... -
will annually review each account_ and send an account statement
to the last known address of the installer.
If a request or claim for disbursement of funds is not
received from the installer within three years, after
4 E, -ieatiefl, and
netif
=e .c 4 r « °. bee treasonable efforts by_the District
to._ provide _._noti_ce of the existence of such funds , the funds
_: -._
shall become the property of the District in accordance with
general law, w.
and SeEved. The District will close the reimbursement
account and deposit said funds in the District's Sewer
Construction Fund. Said notice and deposit dissolves any and all
claim the installer may have had to the reimbursement funds, and
the District's collection of reimbursement fees for the standard
or special facility shall cease. (Ord. 205 § 1(part), 1998)
6 .2 0 .210 Adjustment of reimbursement fees--ate � a ''�
A. If at any time, the General Manager determines that
the allowable costs or the total number of connections or
residential unit equivalents which could reasonably be
physically connected directly to the facility in the case of
standard facilities, or could reasonably be served by the
facility in the case of special facilities deviate from the
determinations used in calculating the reimbursement fees
pursuant to Section 6.20.040, he /she may recalculate the
reimbursement fees to be collected from future connectors. If
reimbursement fees are recalculated, future connectors may pay a
reimbursement fee different from that paid by previous
connectors. In the case of such recalculation, the District will
not be responsible for collecting additional reimbursement fees
42
from or refunding excess reimbursement fees to previous
connectors.
B. The General Manager shall review
and reimbursement fees from time to time -.e�� �
for the increase or decrease in the value of facilities over
time.
e at The Engineering News Record— (E4F4) Construction Cost
Index shall be the basis for any adjustment and no other
interest component will be considered.
C. There shall also be ai�r......a. }:� a _straight..- _1_i_ne
depreciation adjustment for depreciation based on the useful
life of the standard or special facility. The useful life of
standard or special facilities for purposes of this
e=h&P 1E1e=Chapter is seventy -five years for sewers and forty years
for pumping stations. (Ord. 223 § 2(part), 2002; Ord. 205 §
1(part), 1998)
6.20.220 Timing for payment of reimbursement fees and
deposits.
Payment of applicable reimbursement fees and deposits shall
be made prior to the time of the District's issuance of a
Contractor's or Homeowner's Permit to connect to a public sewer.
(Ord. 205 § l(part), 1998)
6.20.230 Expiration of reimbursement fees.
All reimbursement fees adopted prior to June, 1.. ........... l_9.9_8..._._shall
ex ire_an__June 1, 2018. Each reimbursement fee adopted pursuant
......... _ ......... -
to this eha �Chap_t_er after June 1, 1998, shall automatically
expire on the twentieth anniversary of the date of the
District's acceptance of the standard or special facility for
which the reimbursement fee was established. The District's
collection of e_h - -- reimbursement fees shall cease on a�the
.......................
expiration date. Any funds remaining in -man account as of the
fee' s.. -expiration -date shall be rocessed pursuant to
Section 6.20.200, and the reimbursement account shall be
closed. (Ord. 205 § 1(part), 1998)
6.20.240 District not liable.
The District provides the reimbursement program as a
convenience for installers and is not liable to any person for
failure to establish or collect reimbursements. (Ord. 205 §
l(part), 1998)
6.20.250 Effect of chapter.
This E• :ei= Chapter or any action taken pursuant hereto
does not create any right, title or interest in any property.
43
The Board may change or repeal any portion of this
I—aplenChaD er at any time. No property right becomes vested by
operation of this ehopl-enChapter and the District is not liable
for damage of any nature related to any change or repeal of any
portion of this (Ord. 205 § I(part), 1998)
6.20.260
Accrued Prlor to June 1.,,,__1998,
The erdinanee enaE;t-inff this June 1,
1998i shall sup-e-r-e-ede --A
the Qstrie;ls
Weilitles as set ferth in the feryeE Ghapter 6.2G, Rebate I-sees,
and Ghapter OR, Rebate Sewage FaelliKes. The repeal M
the new pEevisiens set tarth in this ehapter. Heweves, ae40--hi-fa�
eWinanee enaeting this ehapter is, inteende-E6 te repen�li
rebate fees ey eharges established under pr±eE endinanees, &Ahieh
--bly-atien aeensed an er befere june 1, 1998, er far reba.
an ehaEges whielh may eeme due en er after June 1, 199S. For
the purposes of this ehoyVerChapter, rebate fees or charges
established under prior ordinances, whieh ebligaVen aeersE
ar befere June I, Inno, and whieh may eeme due en ef after June
1, 1448 shall be considered,apd bandledasiftheY,wgre
reimbursement fees. (Ord. 205 § l(part), 1998)
6.20.300 Schedule of reimbursement fees.
The Eellewing sehedule ef reimbursement fees sets ferth the
— aneunts appAeable to"ll properties subject to sueh fee-n—,
sehedu
speela
previde a brief deseriptien W the faellities Ex
reimbursement is being required, the installer's maHimufR
(ealeslated by residential unit equivalents (RUE)A-Ae whieh the
the Board shall be uncodified and kept on file with the District
Secretarn-Reimbursement fee applications and documentation
providing the basis for the fee calculation ate..... "leetes ly e
fee ameents set feEth be-T&Y, shall be maintained at the
District's offices for review for so long as reimbursement fees
are being imposed and collected for a particular
project.
ME
45
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HI weyenal, Go!
fig , -�
�, . °�9
Walnut Greek
. r TJ—o O
i 4 i t1
op 5344.1-
Smith Read, Alame,
--
9P 5 09.1
9pojethill Read,
40444=15
T
DP 5409.2-
Springhill-Roadi
SO, MAP
-17
$10,458.39
9P 5409-3- .
Read,
r— a —s-n . 0:
-2
t4 E 4� - ^n
Springhill
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$10,294.0
1
$0,294.5111
45
6.20.400 Customer reimbursement of District installation
costs.
- I. n I .........c..... e- rtain� cases, the Dublic interest safe may
_ . _... ..... . ....
require the District itself to design and construct public
. . . . . .. . ........ . ............................ _-
sewage facilities — for an existing or proposed develoT)ment.-----In
order to comply with applicable law concerning use of District
....................................... ....................... .......................... .............................................
revenues, the District shall ado-ot a reimbursement fee structure
.. ...... ... .
to provide for full reimbursement of any and all costs
associated with installation of local street sewers.
I.., ...... ................... __ I ............... . .......... ........ ..........
Reimbu.r. se.ment fees to reimburse . the . .District for other sewer
facilities -may also be--im-posed. Reimbu-r-s-ement fees for District
costs shall be calculated in the same or similar manner set
.. ........................ ____ ... -.1 ............. ..................... -
forth in this Chapter for installers in order. to ...provide for
full recapture of District costs. Such costs shall be placed ___in
reimbursement accounts, 'pursuant to the same I I ns and
_PX�QVLS_1 0
................. ........... . .................. ................. ..................... ... . .....
requirements for installers. (Ord. 236 § 1, 2005; Ord. 233 § 1,
......... . .. .. . .
2004; Ord. 231 § 1, 2004; Ord. 230 § 1, 2004; Ord. 225, § 1,
M
®
� ¢,
a +�� II�IIEiliT�i�
6.20.400 Customer reimbursement of District installation
costs.
- I. n I .........c..... e- rtain� cases, the Dublic interest safe may
_ . _... ..... . ....
require the District itself to design and construct public
. . . . . .. . ........ . ............................ _-
sewage facilities — for an existing or proposed develoT)ment.-----In
order to comply with applicable law concerning use of District
....................................... ....................... .......................... .............................................
revenues, the District shall ado-ot a reimbursement fee structure
.. ...... ... .
to provide for full reimbursement of any and all costs
associated with installation of local street sewers.
I.., ...... ................... __ I ............... . .......... ........ ..........
Reimbu.r. se.ment fees to reimburse . the . .District for other sewer
facilities -may also be--im-posed. Reimbu-r-s-ement fees for District
costs shall be calculated in the same or similar manner set
.. ........................ ____ ... -.1 ............. ..................... -
forth in this Chapter for installers in order. to ...provide for
full recapture of District costs. Such costs shall be placed ___in
reimbursement accounts, 'pursuant to the same I I ns and
_PX�QVLS_1 0
................. ........... . .................. ................. ..................... ... . .....
requirements for installers. (Ord. 236 § 1, 2005; Ord. 233 § 1,
......... . .. .. . .
2004; Ord. 231 § 1, 2004; Ord. 230 § 1, 2004; Ord. 225, § 1,
M
2003; Ord. 224 § 1, 2003; Ord. 220 § 1, 2002; Ord. 214 § 1,
2000; Ord. 211 § 1, 1999; Ord. 207 § 1 Exh. C, 1998)
Chapter 6.24
SEWER SERVICE CHARGE
Sections:
6.24.010 Findings and purposes.
6.24.020 Basis of charge.
6.24.030 Rates.
6.24.040 Power to inspect premises.
6.24.050 Enforcement.
6.24.060 yCredits and adjustments_.
6.24.070 Refunds.
6.24. 080 A mt= :2.....t}C__ _- .t.....e....�}Sp_ec_a_l.
sewer service charges.
6.24.100 Due date of charges.
6.24.110 ....2 . "` Where payable.
6.24.120 Direct billing.
-. ......_: ..— -..... ..._.....
6.24.130 ; :.., . ..., ... Persons responsible.
6=22-4-.4-S-46 . 2 4 . 14 0 Penalties for nonpayment- -PA-e�e.
.4- X96.24.150 Collection of charges on tax roll.
6.24.1'70.6.24.160 Government or public premises.
6.24.010 Findings and purposes.
A. The Board finds and determines that the protection of
the environment is of the highest priority and that it is
necessary and desirable to aid in the protection of that
environment by building improved sewerage facilities for the
collection, treatment and disposal of sewage in the Central
Contra Costa County area.
B. To accomplish this basic aim, the Board finds and
determines that it is necessary to establish a sewer service
charge in the manner set forth in this pt Chapter. (Ord. 189
§ 4(Exh. D(part)), 1993; Ord. 117 § 1(part), 1976: Ord. 86 §
2(part), 1972: prior code § 11 -701)
6.24.020 Basis of charge.
A. The basis of the sewer service charge is a fair and
equitable distribution of sewer system costs to �.e b ene -...1 �t
_. _ , .
47
P 4
s ldefinec e�vffier e - , _E�d. prreper--y eefi.nee-t-e_--I -le
p b4-!-Erusers of the sewer system.
B. As a predominantly residential service agency, the
basic unit charge established in this ehapt-ei--Chapter by the
District is that necessary to recover the sum of total system
and plant operation, maintenance, and replacement costs, and
general administration and accounting cost for providing service
to an average single-family dwelling unit, and shall be a flat
rate per month per living unit. The basic unit charge for other
users of the system shall be in units of one hundred cubic feet
of sewage discharged to the sewer system.
C. Certain other costs of the District, as
- 4' ,,
�4 . 6.24.-421-G-, include recovery
of capital costs. These capital improvement costs for plant and
sewer system shall be financed primarily from revenues derived
from ad valorem taxes, f.i.�Et-ai,'e -annexation charges,
jes,
agency contracts, and connection charges.
I-_aH ate These rates and other charges, shall be established
by -, . - �i
r° }ordinance of the Board of Directors of the District
and reviewed
yperiodicall Charges for non residential
users shall be based on the use of the sewer system for the
previous -f —.- calendar year. (Ord. 189 § 4(Exh. D(part)), 1993;
Ord. 123, 1977: Ord. 120, 1976: Ord. 118, 1976: Ord. 117
1(part), 1976: Ord. 86 § 2(part), 1972: prior code § 11-701)
6.24.030 Rates.
ordinance enacting this chapter
shall inno way supersede or repeal the sewer service charge
. .... . ... ...... .......... ................. _._ ................
rates for Fiscal Years 2007-2008 and 2008-2009 adopted by
................................................ ........... . . �= .......... - � -
...... .... ..................._ .
ordinance on June-6,2007. All subsequent sewer service charge
rates or amendments thereto shall be established by
ef t4he -11ear-11C 49ir-eejcei=,s' et- t-.he DJE..s�,.IJ't_ afiel r-e�;'-iewed
pEeg±Fc:�LfR ef the i and appreved by �.nhe State e -1 4
_a
ReE
Relsei�irees7 Bea.re-lunc. od i f i.e.d.ordinance of
................................. .
...... . ........
the Board and kept on file with the District Secretary.
B. The residenta-'al basie = I 1_1 11 11 -
ai�-ffe
f S�ja4:1_
--he ge
I.- I- - _I
(Ord. 189 § 4(Exh. D(part)) , 1993; Ord. 121, 1976:
Ord. 119, 1976: Ord. 117 § 1(part), 1976: Ord. 86 § 2(part),
1972: Prior code § 11-703)
M
6.24.040 Power to inspect premises.
In order to effect the powers of this set- Se.C_t_ion and
pursuant to Section 6523.2 of the Health and Safety Code of the
sS_tat_e., the District's General Manager and his/her
authorized representatives are given the power and authority to
enter upon private property for the purpose of inspection an
f-,,-e•.,- nee of sanitary and waste disposal facilities,
including, but not limited to, ascertaining the nature of such
premises, the type of activities carried on therein, the twe
and-number of plumbing f ixtures s ° —.s_ tu_a_t_ed therein, and any
other facts or information reasonably necessary to ascertain the
applicability of any charges to such premises, or the amount of
such charges. (Ord. 223 § 2(part), 2002; Ord. 117 § 1(part),
1976: Ord. 86 § 2(part), 1972: prior code § 11 -704)
6.24.050 Enforcement.
In the event of the failure of any owner to pay when due
any charges applicable to premises owned by him, the District
may enforce payments of such delinquent charges in any of the
following manners:
A. The District may have such premises disconnected from
the sanitary sewer system. In the event such disconnection
should create a public hazard or nuisance, the General Manager
or his./her representatives may enter upon the premises for the
purposes of doing such things as may be reasonably necessary to
alleviate or remove such hazard or menace. The owner of such
premises shall have a duty to reimburse the District for all
expenses incurred by District in disconnecting any such
premises, or in doing other things authorized by this
c1t.S_ec_t__on; and no reconnection shall be made until all such
charges are paid.
B. The General Manager may institute action in any court
of competent jurisdiction to collect any charges which may be
due and payable in the same manner as any other debts owing to
the District may be collected.
C. Any and all delinquent payments may be placed on the
tax roll, and collected with property taxes, as provided in this
r— Chapter. While State law_ permits the collection of
amounts delinquent _up to four years _prior as of June of each
mar, it is District policy to collect only threes ears' worth
of delinquent payments.
- .............. — :_....._:. ................................. - ..- .... -_
D. Such other action may be taken as may be authorized by
law and by the Board. (Ord. 223 § 2(part), 2002; Ord. 117 §
1(part), 1976: Ord. 86 § 2(part), 1972: prior code § 11 -705)
6.24.070 Refunds.
When any refund becomes due and owing by virtue of action
of the Board or by virtue of any error made in ascertaining the
charge applicable to any customer, the General Manager is
authorized to make payable such moneys from the specific fund
established for the deposit of sewer service charges —_, as
follows:
....._ _...
A. In the event of an overcharge for sewer services
ti..e., cases inwhich sewer services were_Drovided, but in an
... ... .
erroneously high amount_.).., d1 refund claims shall__be limited to
... ...
a four.. -year. statute of limitations...
B. In the event of a charge for "non- service" (i.e.,
__. .. _.
cases in _which__no sewer___serv_ices were provided to
owners_,_ but were nonetheless_ inadvertently charged), refund
claims shall be subject to the following restrictions, as
..._. .._. .... .... ._..
mandated b Government CodeSection53082
.._ _ . ...
1. Fees before 1, 1992, .._.. shall be
refunded in full - to the party–that in fact paid the fees upon
- -- -- - - - - - --
thepr_esen_tation of_.. adequate documentation._.
_:. _ -...
2. collected after January _1__, 1,9.92, ..._shall be
subject to a 180 day statute of limitations for refund claims,
s_t g
_artin from the date of . aymen ,(Ord. 223 § 2 (part) , 2002;
.:.
Ord. 189 § 4(Exh. D(part)), 1993: Ord. 117 § 1(part), 1976: Ord.
86 § 2(part), 1972: prior code § 11 -707)
6. 2 4. 0 8 0th S.p_ec_i_a_l_..._..__s_ ewer s_ery_i_c_echar_ges. .
A. It is the intent of the provisions of this
tcChapter, in establishing different sewer service charges
for different categories of properties, to reflect the benefit
from such service to each property. If, in respect to any
customer, the Board should find that the charge is inequitable,
or unfair because of unusual circumstances, it may establish a
special service charge for such customer, differing from those
otherwise established which will bear a closer relationship to
50
the benefit received from the District system. Such special
charge may be revoked at any time by the Board whenever it finds
that continuation thereof would be inequitable or unfair under
the circumstances then prevailing.
B. The owner of any premises who by reason of special
circumstances finds that the applicable rates are unjust or
inequitable as applied to his /he:_r premises, may make written
........: _
application to the Board, stating the circumstances and
requesting a different basis of charges for such premises. If
such application is approved, the Board may fix and establish
fair and equitable rates for such premises to be effective as of
the date of such application and continuing during the period of
such special circumstances. (Ord. 189 § 4(Exh. D(part)), 1993;
Ord. 117 § 1(part), 1976: Ord. 86 § 2(part), 1972: prior code §
11 -708)
k�----------- -_ -----
6.24.100 Due date of charges.
The initial payment of sewer service charges shall be made
at the time of the District's
o_f... capacity f_ee_s... Subsequent sewer
service charges shall become due and payable as of the date of
mailing of the billing as provided in Section X4.139 6.24_.._._120.
o.r__..inaccordance with the ...payment _schedule of property
-tax bill. (Ord. 189 § 4(Exh. D(part)), 1993: Ord. 117 § 1(part),
1976: Ord. 86 § 2(part), 1972: prior code § 11 -710)
6.24.110 Where payable.
Except as otherwise provided elsewhere in this ;
ec E } 5ec - 3 fie } tfficam --i ......
_ . p Ord. '._
{'� ('� ) ......:. -� �- ....... -- -_ {_pmt. -E=} , __.._1 --9-'� __.._.. �: e : -__.. r__- -_ -f 3_±4 4-7
pfier-
51
ri
Chap_t_e_r, all sewer service
charges shall be payable at the office of the Central
Contra Costa Sanitary District, or as otherwise noted
on the billing. (Ord. 189 § 4(Exh. D(part)), 1993:
Ord. 117 § l(part), 1976: Ord. 86 § 2(part), 1972:
prior code § 11 -712)
6.24..'3 iVia .
6.24.12.0 Dlr_ect..._billlzng_,
Except as provided elsewhere in this eh- al�4vt��-Chapt_er, the
General Manager shall ascertain the amount of each sewer service
charge applicable to each premises in the District, and shall
annua_l_ly,_mail to the owner of each premises in the District;
__ _ h Y ... a b i 11
then e ,a , , , -. ,.a
for the sewer service charges,_ which are payablei_n
two installments. Such bills shall be mailed to the p�
st el as lie eft t4IE� laSt
a R4
ain s t— e ca=c-
_. .. _
ef
; �e -c eeha d- :curren_t......._ owner __ ..of._.._.._ record. __...... Failure of the
General Manager to mail any such bill or failure of any owner to
receive any such bill, shall not excuse the owner of any
premises from the obligation of paying any sewer service charge
for any premises owned by him. In the sole discretion of the
Board of Directors, the__...__ District may permit owners to enter into
special payment.. arrangements as _.._._warranted by __...the._circumst_ances......
(Ord. 223 § 2(part), 2002; Ord. 189 § 4(Exh. D(part)), 1993:
Ord. 117 § l(part), 1976: Ord. 86 § 2(part), 1972: prior code §
11 -713)
6. <4= X496.24.130 Persons responsible.
The owner of any premises is and shall be responsible for
payment of any and all sewer service charges applicable to
premises owned by him. It shall be and is the duty of each such
owner to ascertain from the General Manager the amount and due
date of any such charge applicable to premises owned by him and
to pay such charge when due and payable. It also shall be and is
the duty of all owners of all premises to inform the General
Manager immediately of all circumstances, and of any change or
changes in any circumstances, which will in any way affect the
52
applicability of any charge to premises owned by him or the
amount of any such charge. In particular, but not by way of
limitation, an owner of any premises shall immediately inform
the General Manager of any sale or transfer of such premises by
or to such owner. (Ord. 223 § 2(part), 2002; Ord. 189 § 4(Exh.
D(part)), 1993: Ord. 117 § 1(part), 1976: Ord. 86 § 2(part),
1972: prior code § 11 -714)
6.24 1506.24.140 Penalties for nonpayment -ms=s.
Except .
of tee:..- vif- �e -l�r e_- _ when......_ ch -arge_s._...._ar_e....._plac_ed
_ _ ~roll, a
on the tax law, r ,'� ^,.,�.- n _ shall eeeur-
feT-.- +.--ieripa,1qiient,charQe becomes delinquent the day after it
becomes due and penalties shall accrue in accordance with
Section E, ..
le a
(Ord. 189 § 4(Exh. D(part)), 1993: Ord. 117 § 1(part), 1976:
Ord. 86 § 2(part), 1972: prior code § 11 -715)
r. �6.24.150 Collection of charges on tax roll.
A. Pursuant to the provisions of Division 5, Part 3,
Chapter 6, Article 4 of the Health and Safety Code of the
e-aL- eS_t_at_e, and subject to the exceptions set forth in this
., vChapter, the District elects, as an alternative procedure
for the collection of sewer service charges prescribed or
imposed by the provisions of this ehap�:�rChapter. to have all
such sewer service charges for each fiscal year from and after
July 1, 1976, collected on the tax roll in the same manner, by
the same persons and at the same time as, and together with and
not separately, from its general taxes.
B. The Genei=all 4 _ District shall
annually prepare and file with the District Secretary before the
fifteenth day of July, a written report containing a description
of each and every parcel of real property receiving the sewer
services hereinabove mentioned and the amount of the sewer
service charge for each parcel for the forthcoming fiscal year,
in conformity with the charges prescribed herein. Providing and
excepting that: the sewer service charges for any and all
governmental or public premises or for any premises which are
not subject to taxation on the tax roll shall not be included in
the report, but shall be collected in accordance with other
provisions of this Code. The parcels of real property included
in the report may be described by reference to maps prepared in
accordance with Section 327 of the Revenue and Taxation Code of
the :� --. -State and on file in the office of the county assessor,
. : . . . . . . : ............ . . . . . . . : . _ . _ .
53
or by reference to plats or maps on file in the office of the
District.
C. 414i-t-Since the District has already-complied with the
__ .................. .......... ......... ........................ ............ .. . ..... .................... _ ........ .......................................
first-time mailed notice of Health and Safety Code
. ...... . requirements.
Section .......5473.1, the District Secretary shall henceforth ,cause
notice of the filing of the report and of a time and place of
hearing thereon to be published prior to the date set for
hearing in a newspaper of general circulation printed and
published within the District. The publication of the notice
shall be once a week for two successive weeks. Two publications
in a newspaper published once a week or more often, with at
least five days intervening between the respective publication
dates not counting publication dates, are sufficient. The period
of notice commences upon the first day of publication and
terminates at the fourteenth including therein the first day.
D. q, 1,1
-eeretai:'y eaiise a n.e-J-11
e t S
-A_=� �44747f�ff-&�f e_.-f-r--s41
r-E'PE)141_ heretin".1er- prepesing �ao have si::ieh ellfl-a--ge eic the
eelle6t-eEl 1-FE)II a.fld
�c-iftie an"'. 1-91-etee ef heaiAn(-
Ee faaile e-h persen
��e wheff� any pareel eE paL�eels ef r-ec:�,! p_r-epei�4-y Elesei4bed-4+i-
.r-.'e,pef4l. ±s assessed en the la.st assessiTient
a,-a±lable en the (4ate --he i=eperl, is prepare6, et1c t�he ad.dr-ess
I I T-, 4
�3, f"hap
AY.,t-.±.e-1e 4 ef t-.19-e ilea"
--ty Gede.
fer-
year-, jlci.ly A., -1.976, te Jia?rae
11 the
t
.ieEf.�i+FP_+Rent-.s fer ne_je(_ -he Pe:E--e-q te Wheffi
te t
shall ne-
hear-iflrjs en r-epe�F+ls �L�eed i s . ........
"le _11-4 AeA Sha
hei-e 11 be adeq-:��.
the time stated in the abovementioned notice, the
Board shall hear and consider all objections or pe
-t--:�_t,sprotests., if any, to the report referred to in the notice
and may continue the hearing from time to time. If the District
finds that protest is made by owners of a majority of separate
parcels of property described in the report, then the report
shall not be adopted and the charges shall be collected
separately from the tax roll and shall not constitute a lien
against any parcel or parcels of land-,--e
E.-Upon the conclusion of the hearing, the Board may adopt,
revise, change, reduce or modify and change or overrule any or
all objections, and shall make its determination upon each
charge as described in the report, which determination shall be
final.
54
HF. On or before the tenth of August of each year
following such final determination, the District Secretary shall
file with the auditor of the county a copy of the report with a
statement endorsed thereon over his /her signature that it has
been finally adopted by the Board, and the auditor of the county
shall enter the amounts of the charges against the respective
lots or parcels of land as they appear on the current assessment
roll.
�G. The amount of the charges shall constitute a lien
against the lot or parcel of land against which the charge has
been imposed as of the date prescribed by law as the lien date
for general property taxes.
4H. The tax collector of the county shall include the
amount of the charges on bills for taxes levied against the
respective lots and parcels of land.
3I. Thereafter the amount of the charges shall be
collected at the same time and in the same manner and by the
same persons as, together with and not separately from, the
general taxes for the District and shall be delinquent at the
same time and thereafter be subject to the same delinquency
penalties.
�,J. All laws applicable to the levy, collection and
enforcement of general taxes of the District, including but not
limited to, those pertaining to matters of delinquency,
collection, cancellation, refund and redemption, are applicable
to such charges.
MK. The tax collector may in his /her discretion issue
separate bills for such charges and separate receipt for
collection on account of such charges. The county shall be
compensated for services rendered in connection with the levy,
collection and enforcement of such charges in an amount to be
fixed by agreement between the Board of Supervisors of the
county and the Board of Directors of the Sanitary District.
'FL. If any premises within the District are omitted from
the abovementioned report or the tax roll, either because the
charge �a+-�f-a�-ther_efore shall not have yet been ascertained by
the General Manager as of the date of the report or for any
other reason, the sewer service charge for each premises shall
be collected in the manner provided elsewhere in this
E.. -pLe±- Chapter. If the charge for any premises, as shown on the
report for the forthcoming fiscal year should be less than that
which should be the charge the-r--(-f therefore under the
provisions of this Chapter, the balance of the charge
shall be collected in the manner provided elsewhere in this
e,1-rChapter. (Ord. 223 § 2(part), 2002; Ord. 189 § 4(Exh.
D(part)), 1993; Ord. 117 § 1(part), 1976: Ord. 86 § 2(part),
1972: prior code § 11 -716)
55
6- := -4-Aq- 46._..._2.4.1.60_ Government or public premises.
. . ..... _
The provisions of this apt-'- ±=Chapter shall apply to
governmental or public premises as well as to premises which are
not governmental or public premises. As used in this
.. ���ei.==Secti_on, "governmental or "
public premises means and
includes premises which are owned, controlled or used by (a) the
United States government or any department or agency thereof,
(b) the st ateState of California or any department or agency
thereof, (c) any city, county, town or city and county or any of
their departments or agencies, (d) any school district, (e) any
other governmental or public entity. (Ord. 117 § 1(part), 1976:
Ord. 86 § 2(part), 1972: prior code § 11 -717)
Chapter 6.26
ANNUAL INDUSTRIAL PERMIT FEES
.q i-r t- i c)n q
6.26.010 Annual industrial permit fees.
6.26.010 Annual industrial permit fees.
A. The Board shall from time to time, after a public
hearing, establish by unc_odi_f_iedordinance the annual industrial
permit fee to be charged by the District for the purpose of
partially recovering a portion of the industrial pretreatment
program costs from permi_t_t_ed.......industries
-E�,� s3
p - t=a�--- a- s-- ��-- -f car t ��- �- e-- ��- ���r._
The _ an
is eedi4�c��� permit fee amounts shall be incorporated into the_
schedule provided by Chapter 6.30 of this Code, a:r�d shal —I
. ..... ..
ffta -i ai - (Schedule of Environmental_- and Development_-
Related Rates and Charges) and kept on file with the District
Secretary'
56
c
6.28.010-- Distrie; may eleet Ve use tam tell fer
eelleeVOR.
6.2;.."-'-G BistKeh vi3— Meet he use tam tell fen eelleetien.
Me Distriet may Meet he use the tam -sell wlf.."
fer serviees furnished by oh
491�_
The ele�---,,h-i..ei.-.i Is pursea.- he SeeMen S439 et seq. a-f-
A. 1.7—
rr
I _n
Grd. H6 S 2 (par, .. . . prieur eede S 11 RG41+
57
Chapter 6.30
SCHEDULE OF ENVIRONMENTAL- AND
DEVELOPMENT - RELATED RATES AND CHARGES*
Sections:
6 .3 0 . 010 -' 1-e, .F_i_nding_s. .
58
59
{:e ±..._. #E._::� �c- 1-- - <,.�: �w�;-- f >....y,e -. — �.- �r-: �<- n�rr- r�}.___. �,_ •- 1- t- E._..�.�,.....r +.e.._Y.�# ". c�,,,rK'- ..r }�... : }:_. }.�1�- �}._.. +..� „��
i k 1 s # ? olr. d
V• 4E3E rri3ar hC�
i t'-; h E'f 1 1 43 - fi`Stel Y i7 r, .:rr E 1 m.Aes- ] e eJ l` e'
60
SEWER
......_.._. ..._....._ ... _ .... __..____.._..
...._._..... --_......__._.._..._.._..__.... .._ ..........::...._.__...__.._
2
systeffi A.M. ,.. 'Initiated e Aseal
p
_ as _ _.
n
-P Bireeters. The fellewing eh.
industrial
13 - par— million galleys _ S Q�
BY-A-Weal
now 000 -- [YU C fn
r" L:9 A rr !1 C5 -04 -—= cci
u Granp
2004
2005 - 2006
2806 _ 2007
Rate per living
single family dwellift+g-B—,
Mmily units
living
00
-1$4�54W4
Residennim.l.. units
h m
by
seEved ° ne or a
I awfe tree FEE nP,�n
he
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are deee-wissiened)
p+... a. ,+9 tt3. -. Tw.7.ne.aa+� ..T
s� #lam n
hundred
(Rates per emble
ik^tT "T�
l..
MOPS**? :s
industrial
13 - par— million galleys _ S Q�
BY-A-Weal
now 000 -- [YU C fn
r" L:9 A rr !1 C5 -04 -—= cci
61
ti. _ .. -- p
_ y
61
6.30.020 Schedule of environmental and--development--related
rates and charges.
i^ e e. ..
$ 2 .68 S -7 Efi
eeRvaleseent
t i p
as - e t r- - _- -ei-i:-- - - nf:±e
r
a r1 i e.r �-e _. be e e e _ a -- _ �, ; , Be - een d
•
9-
. _ . .... _ ., fiSE;iDxI year- r _ .... _ �^
r
.. _� .. • , . . , . . p .. . . ,
o
_ . _ .. ... • ... , .. _ • p .. _ _
6.. 3.0._..._0.1.0 Findings.
The Board of Directors finds:
A_That the District incurs_ substantial costs toorrov_i_de
.... :_... .... :.:... .. ....
various environmental and development - related services such as_,__
but not limited to, administration and processing of
annexations, customer assistance at the permit counter, plan
....
review inspection for public main sewer line extensions and
:..
installation, alteration, replacement and repair of private side
IN
se a � �-
e
200 , •'rn�
-sea! zizear-
2006 2()0 t
T
3: 'f ` 4 L 4 7
s
•
c ti
$2.60
'n i
i^ e e. ..
$ 2 .68 S -7 Efi
eeRvaleseent
t i p
as - e t r- - _- -ei-i:-- - - nf:±e
r
a r1 i e.r �-e _. be e e e _ a -- _ �, ; , Be - een d
•
9-
. _ . .... _ ., fiSE;iDxI year- r _ .... _ �^
r
.. _� .. • , . . , . . p .. . . ,
o
_ . _ .. ... • ... , .. _ • p .. _ _
6.. 3.0._..._0.1.0 Findings.
The Board of Directors finds:
A_That the District incurs_ substantial costs toorrov_i_de
.... :_... .... :.:... .. ....
various environmental and development - related services such as_,__
but not limited to, administration and processing of
annexations, customer assistance at the permit counter, plan
....
review inspection for public main sewer line extensions and
:..
installation, alteration, replacement and repair of private side
IN
sewersl._ the.. addition of......_ new__ sewe_ rs,___ parc _els.,.._____and._.....permi_t
___
_ -
information_ to ._District maps._, administration and _inspection
related to _source control permit, permittinq__of se�tage and
_ -- .... _.. :.. :.__.
grease and treatment of grease ands_epta_ge at the
treatment _._.plant;.. and
B. That it is necessary to charge customers and other
— -
users of District environmental ._anddevel_o-oment- related services.
to recover the reasonable costs _of providing ................ aid services., and
C. That District staff has comprehensively analyzed the
actual_.__cos_ts of said s_ery _ces, and
. _
D. That the rates and .... listed _in the Schedule of
Environmental and Development -_ Related Rates and Charges
represent the reasonable cost of providing the services
... ...... .........
delineated, and
E. That the rates and charges collected pursuant to this
Chapter will not exceed the total of all actual
... _ ..... - .... -_
allocable to provision of the services l_i_sted . in Schedule of
Rates and Charges.
6.__30. 02.0 __Schedule ..of _environmental ._and ,development- related
things,_ the amounts and times fo_r. payment_ of such and
.......
charges._.
Chapter 6.38
RECYCLED WATER CHARGES —
LANDSCAPE IRRIGATION
Sections:
6.38.010 Findings.
6.38.020 Customer classification.
6.38.030 Land irrigation rate structure.
6.38.040 Connection fees.
6.38.050 Billing cycle.
6.38.060 _..Cost-benefit anal_ys__s__._
6.38.070 Public water retailers
6.38.010 Findings.
A. The District Board of Directors finds that pursuant to
Title 11 of the District Code, the District is authorized to
63
produce recycled water for the purpose of encouraging
conservation of potable water supplies. Furthermore, the Board
finds that the prod ction and delivery of recycled water is now
....... ................... .................................... ....... .... ....... ...... ...... ............. - - _-
- ............ . ............. .................
an integral component o compliance with the requirements and
............. . .. . .. ... .............. __ ....... .......... . . . ___ , .... .............. __ __
Ke s-t-ri ctions set by the Regional Water Quality Control Board for
____ . . ........ Water Quality ........................... -.1-1 . ..... ..... . Control .... ....... - ...................... ..........
-the District's --- -oro - vision --- of sewer -_ services to all -users -o--f
District facilities. Therefore, the Board--f- finds that it
............................ ____ —
.... .. ......... ____ _ __ ". . .. ....
is appropriate to adopt a rate structure based upon the lowest
possible cost consistent with sound economy and prudent
management, which includes a balancing of the District's own
cost recovery concerns against the requirements of providing
recycled water at the lowest possible cost and rates. In
addition, the Board finds that the recycled water rate structure
shall be based upon the cost of service analysis which includes
actual operating and maintenance costs, debt service and capital
costs based upon a maximum amortization period of thirty years.
The proposed rate structure is intended to recover such costs,
to-.the extent possible,—and is not intended to generate
unreasonable or excessive surplus revenues or profits to the
District. The Board further finds that the rate structure
hereinafter set forth is designed to conserve the public potable
water supply for the greatest public benefit, and does not
exceed the reasonable cost to provide the service.
B. The rate structure for recycled water is established
pursuant to District Code, Chapter 11.50, (Recycled Water
Pricing). This rate structure shall apply to each customer
according to the classification of that customer. A customer's
classification is based on their alternative water source.
C. This rate structure for recycled water is intended to
help implement the State constitutional mandate set forth in
Article X, Section 2, which states that water resources of the
State are to be put to beneficial use, to the fullest extent of
which they are capable, and that waste of potable water (through
an unreasonable use or unreasonable method of use) should be
prevented. In order for the appropriate use of recycled water to
be maximized, the rate structure for recycled water must be
competitive with, or favorable to, corresponding local costs for
alternative sources of potable water. This rate structure is
designed to be competitive with current potable water pricing
structures. However, if drought or other circumstances alter the
demand for or pricing of recycled water, nothing herein shall
prevent the District from modifying these rates or adopting
alternative rate structures or looking-to other funding sou-rces
to facilitate accelerated cost recovery, including capital
costs.
D. The Board finds the rates set forth herein for the
specified categories do not exceed the cost of providing
64
recycled water service to District customers, which costs
include incremental costs of producing effluent that meet
California Code of Regulations Title 22 requirements for
recycled water, delivery costs, maintenance cost, administration
and overhead costs, and recovery of capital costs.
E. The Board finds that the following recycled water rate
structure is based upon a just standard of reasonableness, given
the complexity in determining the actual incremental costs to
provide the service.
F_.___ Use, O_f recvcl_ed waterby prope_r_ty _owners isenti_rely
_..
voluntary and subject to_ their discretion
G. The Board finds that the cost of service requirements
of Article 13 Sections C and D of the California Constitution
.... ..
are not applicable to the use of _ recycled_ water under Code
as recycled water service and the rates for such service are not
a _proper�__related service. (Ord. 221 § 1 (part) , 2001: Ord. 209
§ 1(part), 1998)
6.38.020 Customer classification.
The General Manager shall classify each customer by
evaluating the water source alternative to recycled water that
the customer has available to it. The District may, from time to
time, reclassify a customer based on any change in the
customer's alternative water source to recycled water. The
General Manager shall classify each customer according to one of
the following defined classifications:
Class I: I Potable
lass II:
1 /Well
(Ord. 221 § l(part), 2002: Ord. 209 § 1(part), 1998)
6.38.030 Land irrigation rate structure.
A. A rate structure based on setting rates at or below
the cost of providing service and priced in a manner to compete
with alternative water supply costs encourages the use of
recycled water, thus conserving the state potable water supply
for the greatest public benefit. Accordingly, a volume charge
based upon rates set for the user classification shall be
applied to the volume of recycled water measured and reported
during each billing cycle for that customer based on the
customer's classification:
Alternative Water
Customer
Classification
Volume Charge Per
Volume Charge Per
Source
Acre Foot
Thousand Gallons
Potable
I
$750
$2.30
anal /Well
II
355
$1.09
B. The rates set forth above will automatically be
increased, in an amount equal to three percent of the then
65
existing rates, starting on July 1, 2003 and occurring each year
thereafter, without further action of the Board. The three
percent increase is required in order to provide for the
increasing costs associated with the regulation, inflation, and
to maximize cost recovery of the District for its recycled water
program while obtaining competitive rates. This annualized
automatic increase shall remain in effect until further action
of the Board.
C. For existing customers as of the date of the amendment
to this Code Section, the rate structure listed under this
eee+-,-L-&nSect_i_on shall not result in the rates charged to such
customers to increase by more than twenty -five percent each
year. Once the existing customers' rates meet those established
under this Section, then the twenty -five percent annual rate
increase cap shall no longer apply.
D. Certain District customers are provided service
pursuant to existing contracts that provide for a limitation of
maximum fees and charges to be imposed for recycled water. In
the event that the rates required by this Section provide for
rates and charges to the contractual customer in an amount that
is in excess of the contractual terms, the rates and charges
shall be reduced to the maximum allowable charges for recycled
water provided for in the contract. (Ord. 221 § 1(part), 2002)
6.38.040 Connection fees.
Connection fees shall be imposed on new customers to recoup
District costs, in providing a recycled water infrastructure and
isolating the customer's existing system from the recycled water
system, including capital costs, in connecting a new customer to
the recycled water system. The connection fees are intended to
fully compensate the District for its reasonable costs incurred
in design and construction activities in extending its
facilities to connect a new customer, and for any design and
construction or improvements required to isolate the potable
water supply from the recycled water supply. These connection
fees shall include both the costs of connecting new customers to
the recycled water system ( "connection costs ") and the costs of
isolating the new customer's recycled water facilities from
their potable water facilities ( "system isolation costs ").
The new customer must pay connection fees, including
connection costs and system isolation costs, prior to the
District undertaking the construction activities to provide
service. Alternatively, the customer may enter into a contract
with the District which shall provide adequate security for
payment of the connection fees prior to the District incurring
those costs of providing for a connection to the recycled water
system.
..
The District may assist new customers by financing the
connection fees over a period not to exceed fifteen years from
the date of initiating recycled water service. No right to
obtain a connection, or to finance connection fees, is created
by these provisions. All decisions concerning the extension of
service to a new customer and financing of the connection fees
shall be made on a case by case basis at the discretion of the
District. (Ord. 221 § 1(part), 2002)
6.38.050 Billing cycle.
Billing cycle is the length of time between the events when
the District reads and records the recycled water meter at a
customer's site, which recording then becomes the basis for
preparing a customer's recycled water bill. The normal recycled
water billing cycle will be approximately two months in length.
Procedures for meter reading, meter testing, billing and
collection for recycled water service are set forth in the
District Code, Chapter 11.40, _JProvisions Concerning Recycled
Water Service). (Ord. 209 § 1(part), 1998)
r a u_r 7, eE,1- ......Be, 1 e ��r e .
6.38.060 Cost benefit analysis._
.... .............._.._........_.... - ......_......._......_........_
Before committing to a new customer connection, the
District shall perform a cost - benefit analysis to determine
whether it is cost effective to connect the new customer to the
recycled water system. If the cost - benefit analysis indicates
that the new customer connection would not be financially
beneficial to the District, the District may decline to design
and construct the improvements necessary to connect the new
customer to the recycled water system. (Ord. 221 § 1(part),
2002)
_6= 17346.38.070 Public water retailers.
The aforementioned rates do not apply to sales of recycled
water to public water retailers, such as East Bay Municipal
Utilities District and Contra Costa Water District. The precise
rates and charges for recycled water provided to public water
retailers shall be fixed by contract based on the specific
conditions applicable to the provisions of such recycled water
service. The basic principles concerning potable water
conservation and marketing shall be applicable to the
contractual rates charged to public water retailers. Rates will
provide for recovery of the incremental cost of operation,
maintenance and capital expenses occasioned by the production
and delivery of the recycled water to the public water retailer.
These rates may include annual inflationary adjustments and
other charges as detailed in the recycled water supply contract.
67
Total revenues generated pursuant to such an agreement are not
intended to produce an excessive surplus or profits. (Ord. 209 §
l(part), 1998)
Chapter 6.40
HAZARDOUS WASTE HANDLING AND DISPOSAL
CHARGES FOR CONDITIONALLY EXEMPT
SMALL QUANTITY GENERATORS
.q' P (- t' l (")n G
6.40.010 Findings.
6.40.020 Recovery of costs.
6.40.030 Method for determining and adopting charges.
6.40.010 Findings.
The ate-- Board of Directors finds that operation of a
-- - = - -- - - - - --
household hazardous waste collection facility is now an integral
component of compliance with requirements_ and
....
set by the Regional Water Quality Control Board for the
District's provision of services to all users of District
-__
facili.t_ies ._ Fu_rthermore_, the Board of Directors find that the
.... -
._
household hazardous waste collection facility (HHWCF) should
provide for collection of waste from local small businesses that
qualify under st- a.t-eS_t_a_t_e. regulations as "conditionally exempt
small quantity generators," which small businesses are commonly
referred to as CESQG. The Board further finds that it is
appropriate that this category of HHWCF users should compensate
the District for costs associated with the handling,
transportation and disposal of CESQG hazardous wastes which are
not provided for under the current District sewer service charge
program, and the most equitable and least administratively
complex system is to charge individual CESQG users the
established cost noted in Table 6.40.030 and an administration
fee of no less than twenty dollars for each drop off. (Ord. 229
Exh. A (part), 2004: Ord. 206 § l(part), 1998)
6.40.020 Recovery of costs.
The District shall collect charges from each eligible
business that participates in the HHWCF's CESQG program to
recover the actual cost of properly transporting and disposing
of the particular hazardous wastes collected from the
participating business and administering the CESQG program.
(Ord. 229 Exh. A (part), 2004: Ord. 206 § 1(part), 1998)
6.40.030 Method for determining and adopting charges.
A. The District Board of Directors shall adopt charges
for handling and disposal of the various categories of CESQG
hazardous wastes accepted at the HHWCF, from time to time, by
ordinance upon a two- thirds vote, after having conducted a
properly noticed public hearing, at which oral and written
presentations could be made, as part of a regularly scheduled
meeting.
B. The handling and disposal charges will be determined
based on the costs paid by the District for the particular
packaging and disposal /recycling methods used at the HHWCF for
each category of CESQG waste, and shall include an
administration fee.
C. The HHWCF accepts a variety of wastes that are
required to be packaged and disposed of by different methods.
From time to time, those methods may change based on the
marketplace, and on evolving regulation. Nothing in this
f y packaging and
<��a� -- Chapter is intended to limit the variety of
disposal methods employed by the HHWCF staff. The primary
methods currently employed, as described further below, are
bulking, loose - packing, and lab - packing.
1. Bulking. Wastes are emptied from the
original container accepted by the HHWCF into larger
transportation containers (fifty- five - gallon or two hundred
fifty - gallon drums), or the HHWCF's storage tanks prior to being
transported off -site. The unit (per gallon) charge for bulked
waste, to be applied to on the actual volume of waste accepted
by the HHWCF, will be the actual unit cost paid by the District
to transport and dispose of the waste at an authorized recycling
or disposal facility.
2. Loose - Packing. Wastes in the original
container accepted by the HHWCF are placed into fifty -five-
gallon drums, one cubic yard tubskids, or other transport
containers without absorbent /cushioning material. Partially
full original containers occupy the same amount of space as full
containers in a drum, tubskid, or transport container. Charges
to be applied to each size of original container accepted by the
HHWCF will be determined by dividing the unit
transportation /disposal cost the District pays per drum,
tubskid, or transport container by the number of original
containers of a particular size that can be placed in a drum,
tubskid, or transport container.
3. Lab - Packing. Wastes in the original
container accepted by the HHWCF are placed into fifty -five-
gallon drums together with absorbent /cushioning material.
Partially full original containers occupy the same amount of
space as full containers in a drum. Charges to be applied to
.'
each size of original container accepted by the HHWCF will be
determined by dividing the unit transportation/ disposal cost
the District pays per drum by the number of original containers
of a particular size that can be placed into a drum.
D. A schedule of hazardous waste handling and disposal
charges for conditionally exempt small quantity generators is
,ke t on
file ......_ with .._..._ the _... .._District .._._..S..ecretar ._.. ....._in._.._an...._.uncodified ma .
_....._.__.._
229 Exh. A (part), 2004: Ord. 206 § l(part), 1998)
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9
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i3 x, k, t..O f... i'i. t�-t, �t-. i e:?I ';. i. I I t-ile x, 4. i"', i -h
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moo- 6 19 9 �4+
Chap te-r- 6 -4-1
Sections:
6.41.010 Re-peal-of-prior fees and char es
.................... - .... ......... ... ...................... ....................... . ..... . ........... ...................... --- . . .... . . ....... -.- ............. - ......... .
6.41.010 Re-peal of prior fees and charges.
The ordinance amending this Title, effective 2008,
... ................ ........... ........... ...... .. ...... .......................... ................. .................
shall supersede and repeal the District's existing ordinances
regarding the collection of the fees and charges referenced in
this Title. However, nothing in the ordinance effective
.............. . .. ..................... ............... - ..................... . . . . . . . ............................... . . . ..... .. . .......... -- .. ........ ...... -- - - ........... ................ .......... ... ..... ............................
2008, amending this Title is intended to repeal, extinguish
... ................... ... . ..... ==� . . . . . . . . . .... ...
. ..................... . .................. . . ....... ..............
suspend or allow to lapse any obligation to -pay fees and charges
-- - - - - -- - — -----
under-prior ordinances, obligation accrued on or before
.................... . . ....... ..... .. .... -1-1-1-1-1- ............................ I - ............................. --- - � -1 � I ......................... I --- . -.1-1- ---- ...... .... ............... -
or fees and charqes calculated under Drior
2008_ -- - Pr, f— -= ... . . . . . .................. ... ....
. ...............
ordinances which may
come due on or after 2008. 17-C J1Q,I)
�)Ib].J, ,-1 0 IS r)cly
uf. i.-i-s Title (J�
--------- -
..................
and charges .......... arising before 2008._.. shall remain in
..................... .... ....... .... ................................ . ...
effect.
Doc. 787154v9
..............
71
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Title 1
GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Enforcement and Penalties
1.12 Notice Procedure
1.16 Board Consideration of Staff Decisions
1.20 Responsibility for Defects
1.24 Special Circumstances and Aareements
1
Chapter 1.01
CODE ADOPTION
Sections:
1.01.010 Adoption by reference.
1.01.010 Adoption by reference.
The compilation and codification of the existing
ordinances of the Central Contra Costa Sanitary District
that is on file in the Office of the Secretary of the
District under the title of "Central Contra Costa Sanitary
District Code" is adopted by reference, as the official
eC_ode of the District in accordance with the provisions
of Health and Safety Code Section 6491.2 and Government
Code Sections 50022.1 to 50022.8. (Ord. 198 § 1(Exh.
A(part)), 1996: Ord. 156, 1985: Ord. 155, 1985)
Chapter 1.04
GENERAL PROVISIONS
SPrtinns-
1.04.010
Short title.
1.04.020
Provisions as continuation of existing
ordinances.
1.04.030
Savings clause and accrued rights.
1.04.040
Effect of headings.
1.04.050
Delegation of power.
1.04.060
Tense.
1.04.070
Gender.
1.04.080
Number.
1.04.090
Shall and may.
1.04.100
Definitions.
1.04.110
Construction of words and phrases.
1.04.120
Provisions of code not retroactive.
1.04.130
Effect of repeal or amendment.
1.04.140
Code references apply to amendments and
additions.
1.04.150
Separability.
1.04.010 Short title.
This eedeCode may be cited as the "Central Contra
..................._._.__.
Costa Sanitary District Code." (Ord. 198 § 1(Exh.
M
A(part)), 1996:, Ord. 172 § 1(Exh. A(part)), 1989: prior
code § 1 -101)
1.04.020 Provisions as continuation of existing
ordinances.
Each provision of this Code insofar as it is
substantially the same as an existing provision relating
to the same subject matter shall be construed as a
restatement and continuation and not as a new enactment.
(Ord. 198 § 1(Exh. A(part)), 1996: Ord. 172 § 1 (Exh. A
(part)), 1989: prior code § 1 -102)
1.04.030 Savings clause and accrued rights.
Any action or proceeding started before this c °.efC_ode
takes effect and any right accrued is not affected by this
Code. However, all procedures thereafter taken shall
conform to this eef�k--Code as far as possible. (Ord. 198 §
1(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A(part)), 1989:
prior code § 1 -103)
1.04.040 Effect of headings.
Chapter, article and section headings do not affect
the scope, meaning or intent of this eedeCode. (Ord. 198 §
1(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A (part)), 1989:
prior code § 1 -104)
1.04.050 Delegation of power.
Whenever this eedeCode grants a power or imposes a
duty upon a public officer, the power may be exercised or
the duty may be performed by a deputy of the officer or by
a person authorized by the officer. (Ord. 198 § 1(Exh.
A(part)), 1996: Ord. 172 § l(Exh. A (part)), 1989: prior
code § 1 -105)
1.04.060 Tense.
The present tense includes the past and future
tenses. The future tense includes the present tense. (Ord.
198 § l(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A(part)),
1989: prior code § 1 -106)
1.04.070 Gender.
The masculine gender includes the feminine and
neuter. (Ord. 198 § 1(Exh. A(part)), 1996: Ord. 172 §
1(Exh. A(part)), 1989: prior code § 1 -107)
3
1.04.080 Number.
The singular number includes the plural, and the
plural number includes the singular. (Ord. 198 § l(Exh.
A(part)), 1996: Ord. 172 § 1(Exh. A(part)), 1989: prior
code § 1-108)
1.04.090 Shall and may.
"Shall" is mandatory and "may" is permissive. (Ord.
198 § l(Exh. A(part)), 1996: Ord. 172 § l(Exh. A(part)),
1989: prior code § 1-109)
1.04.100 Definitions.
Unless the context specifically indicates otherwise,
the following terms and phrases, as used in this e-ede_Code,
shall have the meanings designated in this
&,��-,_�, .Section. Other special terms or phrases may be
- - - 1 _ - ................... .......... . ................ ................. .............. ............
defined elsewhere in the Code.
1. "Act" or "the Act" means the Federal Water
Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. 1251, et seq.
2. "Authorized representative of industrial user"
may be: (a) a principal executive officer of at least the
level of vice president, if the industrial user is a
corporation; (b) a general partner or proprietor if the
industrial user is a partnership or proprietorship,
respectively; (c) a duly authorized representative of the
individual designated above if such representative is
responsible for the overall operation of the facilities
from which the discharge originates.
3. -�! �_ , 64_-`-
ehaTFE 4 4 d
f E� S3, f e i.' Elenneetien E) f
i:ised.. (Gee-tien 6.12.020) 4. —"Biochemical
oxygen demand (BOD)" means the quantity of oxygen utilized
in the biochemical oxidation of organic matter under
standard laboratory procedure, five days at twenty degrees
Centigrade expressed in terms of weight and concentration
(milligrams per liter (mg/1)).
4. "Board" means the Board of Directors of the
District.
5. "Bond fund" means -_ a -_ District fund dedicated to
bond retirement and debt servicing.
..................................... ................. . � - � -
6. "Building" means a structure used for any
purpose which contains a fixture, plumbing system or
sanitary facility of any type.
rd
Stan- lord -- -?3. "Certification" is the procedure for
becoming the exclusive representative for a representative
unit, either from within the District or outside the
District.
9_-_8..._. "Certified employee organization" means an
employee organization that has been certified by the Board
of Directors representing the majority of the eligible
employees in an appropriately designated employee
representation unit and shall be considered to represent
the employees of that unit, except for those employees who
may wish to represent themselves individually.
4 -9. "Classification" means the individual job
class description for each position at the District.
47- 1=1.0.._. "Collection system" means the District
pipelines, pump stations, manholes and other similar
facilities which accept, collect and convey sanitary
sewage to the treatment plant.
11. "Confidential employee" means certain
employees who have responsibilities in the development of
employer /employee relations or who have access in the
course of their duties to confidential information on
employer /employee relations. Such employees shall be
eligible to be designated management support /confidential.
"Connection" means the physical attachment
of a building to a public sewer by a side sewer.
14. 13. "Consistent removal" means the
..._._
average of the lowest 50 _percent of reduc_tions . in the
amount of a pollutant or alteration of the nature of t-h-ea
pollutant during treatment by the District's wastewater
................... . ..........:.:...:.
treatment system - a- - - -t.e e -rrs -t -ice- - h�
:entaiiie =ice- can :-g F3-. Such
reductions shall be determined according to the data
collection and measurement.._.. methodsofS_ecti_on 4._03 .7 (b) (_2_ ) ...
- ........: ---
of Title 40 of the Code o_f_._ FederalRegulations, Part _. 403......_
eenst-
_.. _
rr -icy - c-ac-
±S Pl�E)PPIF!y lieeiisell 1"" '19
- !1
x. a_ as _ _ . _... .. _ .._ .... _ ..
F r r! -cirry
�_- r '
*. ' ....
.`af-�{:��E�' --i_�x
hea
9
"County" means Contra Costa County.
-1P 15. "Day" shall mean a calendar day ...... q;Ql e s s
explicitly stated otherwise in a particular Section of
.......
...... . .............. .... ...... .... ........... ........... ................
this Code.-
16. "Decertification" means the removal of a
certified employee organization as the representative of a
majority of the eligible employees in an appropriately
designated employee representation unit.
4-9=_17. "District" means the Central Contra Costa
Sanitary District.
4-@-.-11 8 "District facilities" means a.-IL-1-anv -oart of
the District's ye eff t E, an-Asystems
for collection, convey nce,.. treatment, ...... rec cling, reuse
.. .. . .. ......... . ................................................ ..... ... ...... .............. -- - - - -----
and disposal including, but not limited to, the
collection sy stem—�_, the treatment plant, the collection
system operation's yard, headQuarters office building, the
household hazardous waste facility and t.h,,.e recycled water
system.
?4—.19. "Engineer" is the General Manager of the
District or a duly authorized designee.
2-2--.20. "Environmental Protection Agency" or "EPA"
means the U.S. Environmental Protection Agency, or, where
appropriate, the term may also be used as a designation
for the administrator or other duly authorized official of
the agency.
'4- 2 1.
_ "Executive management" means employees who
.
work at the pleasure of the Board.
2-4--.22. "Fixture" means sink, tub, shower, water
closet, garbage disposal or other facility connected by a
drain to the sewer.
I - 4
25, iTip-afis th.e
affte:ant- list-e(4 fer- a ±H the bcasle fi.�Etur-e
e.4 -ary-
_+Jdes
>. <. inei�;g iE; and r�ib_b_Jsli, --fild
6H-1
-fl. away as
th:Few
_r h4
,Ehe D 1, 4 - ed 4 2R.23.
"General Manager" means the chief executive officer
of the District or a duly authorized designee.
2-4—.24. "Health Officer" means the Health Officer
of the County.
0
X2.5......_ "Holding tank waste" means any waste from
...:..................
holding tanks such as vessels, chemical toilets, campers,
trailers and vacuum -pump tank trucks.
eery -til
_ ever _ .26. "Installer"
means a person who installs a sewer.
4- 4-:27. "Interference" means the inhibition or
. . . . . . . . . . . . . . . . . . . . . .
disruption of the treatment plant or water reclamation
processes or operations or impairment of the quality of
wastewater discharged to the treatment plant which
contributes to a violation of any requirement of the
District's NPDES permit.
:- 2._$....... "Living unit" means a structure or a
portion of a structure occupied or intended to be occupied
by a single person or single family —,and shall be
synonymous with "residential unit" as defined in Chapter.
6.12 for purposes of calculation of fees and charges.
-3- 6-.29. "Management employee" means any employee
who is in a high administrative and policy- influencing
position with responsibility for managing a major function
or rendering management advice to the General Manager or
the Board.
47- :- 3.0_._ "Management support employee" means certain
employee classifications that share a responsibility with
management in directing, administering and supervising
Central Contra Costa Sanitary District activities such as
hiring, assigning, evaluating, disciplining and resolving
grievances of other employees.
;� X3.1.._ "Maximum recovery" means the maximum
allowable reimbursement possible from the collection of
rebate fees to be paid to the installer of the rebate
sewage facility.
4- 9--32. "Meet and confer in good faith" means the
mutual obligation personally to meet and confer in order
to exchange freely information, opinions and proposals and
to sincerely endeavor to reach agreement on matters within
the scope of representation and discussion. This
obligation does not compel either party to agree to a
proposal or make a concession.
4-& 3_3_._ "Ministerial project," generally speaking,
: . . . . . . . . : . . . . . . . . . . . .
is one requiring approval by the District as a matter of
7
law or one involving minimal independent exercise of
judgment by the District as to its wisdom or propriety.
rr
u "
.1-1- ��- 4._...... .3..s.e } ..E
"National Pollutant Discharge Elimination System or
----- - - - - -- --- - - - - --
NPDES permit" means a permit issued pursuant to Section
402 of the Act (33 U.S.C. 1342).
A- :3-35. "Noninstaller" means a person who has not
contributed to the financing of a rebate sewage facility.
ef C ® "Ti2C'
-,t x.36. "Owner's sewer
improvement agreement" means an agreement between a person
and the District in a form prescribed by the District
which obligates the person to complete sewer work in
accordance with District requirements.
44,--.3.7.._._ "Person" means any individual, partnership,
copartnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity or
any other legal entity, or their legal representatives,
agents or assigns. "Person" also means any organization,
the United States of America, the state of California, a
political subdivision, governmental agency or other public
or municipal corporation. - "4ker 'iL' ---a tea a ewe j �4
4-7-.38. "pH" means the logarithm (base ten) of the
reciprocal of the concentration of hydrogen ions expressed
in grams per liter of solution.
4-;=3-9. means land, building, site,
drainage ditch or road, public or private, in the
District.
44-.40. "Plumbing system" means plumbing fixtures
and traps, waste and vent pipes, and all sewer pipes
within a building and extending to the house or side sewer
connection two feet outside the foundation line or
building wall.
-5 -x-41. "Pollutant" includes sewage or any
characteristic of sewage and any and all other waste
substances, liquid, solid, gaseous or radioactive,
associated with human habitation, or of human or animal
origin, or from any producing, manufacturing, or
processing operation of whatever nature.
X4.2. "Pollution" means an alteration of the
quality of the waters of the state by waste to a degree
which unreasonably affects (a) such waters for beneficial
use, or (b) facilities which serve such beneficial users
or which create a hazard to the public health.
- .2,2.43._ "Pretreatment" or "treatment" means the
...:.:.................
reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutants,
or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of
discharging or otherwise introducing such pollutants into
District facilities. The reduction or alteration can be
obtained by physical, chemical or biological processes, or
process changes or other means, except as prohibited by 40
CFR Section 403 -6 (d).
!1
1-1 r ice& �Iffil n 54.44. "Private sewer" means a side
sewer as defined in this e-r� Chapter or a sewer serving
an independent sewage disposal system not connected to a
public sewer.
x.45
. . .....................
engaged in work requiring specialized knowledge and skills
attained through completion of a recognized course of
instruction, including, but not limited to, attorneys,
physicians, registered nurses, engineers, architects,
teachers and various types of physical, chemical and
biological scientists.
S,€ . 4.6 "Public_. nui_sanc_e" means ._any material_,_
activity or, condition _ which poses a... serious threat to the
public's health safety and general welfare. Such
...
materials _......... . activities or condit.ions_. shall include, but
shall.._. not be limited to, any discharge or threatened
discharge or any condition which violates any provision of
this Code or of an permit, order or di_recti_ve issued by
- _. - -
_.._ .......
the General Manager or._ the Board _or...their desi.gnees....
_ 47. "Public sewer" means a sewer located in a public
right -of- way -whi. easement ordedicated reservation
....... _._
which.._ has been accepted by..._Dzst.rict..or is maintained and
controlled by the District.
57. 4 "1 'I by
in-e- r- ef---i- a i l ...... ba ..e_....s ..: a� .:,. ...y...
... r. >. , �. ..._ i , > , in,, ...... . ,
.. ,. .. _.
...... ... _ .. .. ... , _ t. . _ ! and .+. ..a.. x..
N
58. "ReL)ate " n
KJC'°' e e 11 e e -i2i' .-. +_. -, i e eI %CI' ,- „ C ° - .2T�T.r_T'i�`.'�”'
sewage faElilit-V.
VVI
by- J.�Y11'Y . ..
f - e i l +- ,
fa 'rkge - I �.. -- ^- }- r� r•-� i Eti"�rr i c °se 4 1
v i �vrri cz2 r
ew
_ _
p. =r
e: 1 4 48. "Representation unit" means an
appropriate grouping of employees entitled to select a
single employee organization or representative to
represent them on all matters of employer /employee
relations.
6-- 2:'4.9....... "Sewage" means the combination of water -
carried wastes from a structure together with such ground,
surface and storm waters which may be present as a result
of uncontrollable infiltration.
f- 50. "Sewage facility" or "sewage system" means
and includes sewage treatment plants and works, sewers,
pumping plants or stations and appurtenances useful or
convenient for the interception, treatment, purification
or disposal of sewage and industrial wastes and necessary
lands and rights -of -way.
"Sewer" means a pipe or conduit for holding
and carrying sewage, and includes manholes, rodding
inlets, pressure relief valves and all other facilities
appurtenant which are necessary or convenient to the
holding or carrying of sewage.
"Sewers" are classified as follows:
a. "Side sewer" means the privately owned and
maintained sewer which connects the plumbing system of
a building to the main sewer. The side sewer begins at
the point of connection to the main sewer and terminates
at the point of connection to the building plumbing system
twe feet ecitsideat the foundation line or building wall.
"Side sewer" includes the lateral sewer and the
h -- -building sewer.
b. "Lateral sewer" means that portion of the side
sewer which is within the public right -of -way.
M
C. Bui_l_ding sewer" means that portion of the
side sewer from the lateral sewer to its connection to the
building plumbing system.
d. "Main sewer" means a public sewer which has one
or more side sewers connected to it.
e. "Local street sewer" means a public sewer main
which is fei:ir --z= e c:�, six inches or eight inches in
diameter and which is upstream of the first confluence of
two or more !E)eal sewers.
f. "Collector sewer" means a public sewer main
which is six inches, eight inches or ten inches in
diameter and which is downstream of the first confluence
of two or more local street sewers.
g. "Trunk sewer" means a public sewer which is
twelve - - - --
inches or more in diameter and accommodates more
_------ -
----- - - - - -- - -- - -- - - - --
than one collector -fiiain sewer.
h. "Interceptor sewer" means a public sewer,
generally twenty -four inches in diameter or larger, which
serves more than five thousand residential units, or their
equivalent (sewage flow of approximately one million
gallons per day).
dser
has 1-seh ge 11
_
LT nJ L- Ca C L cr vet s t e w i v v^
'r�:._._°ss
en the wastewater t-.reatffiei��.t-. the
_.._ _.
�1
e r °^
cjene±�ate4 by _ . . 52 "Standard
Industrial Classification (SIC)" means a classification
pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President, Office of
Management and Budget, 1972.
6 ^7- :_5.3._ "Standard specifications" is the document,
published from time to time by the District, which
contains such matters as the directions, provisions and
requirements for the design and construction of sanitary
sewer facilities.
x':54. "State" means the State of California.
11
4-4—.55. "Stormwater" means any flow occurring
during or following any form of natural precipitation and
resulting therefrom.
4-G-56... "Street" includes a public highway, road,
street, avenue, alleyway, public place, easement or right -
of -way for vehicular or pedestrian use.
=.5.7._.. "Suspended solids" means the total
suspended matter that floats on the surface of, or is
suspended in, water, wastewater or other liquids, and
which is removable by laboratory filtering.
-s�it- _pe 11r-i: - -c��
. _ . 58
"Treatment plant" means any facility owned by the
District that is designed to provide treatment to
wastewater.
4. " n 4iieans a.
i -
ref f ---
.59. "User" means a
. . . . . . . . . . . . . . . . . . . . . .
person whose building plumbing system is connected to a
sewer. "User" also means any person who receives services
from or utilizes District facilities, or___otherwise
........ - —.— ........ _....._ --__ -..... __.._._-....._
contributes or causes the contribution of wastewater into
District facilities.
4. 6-.60. "Wastewater" means the liquid and water-
. . . . . . . . . . . . . . . . . . . . . . .
carried industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities and
institutions, together with any groundwater, surface water
and stormwater that may be present, whether treated or
untreated, which is contributed into or permitted to enter
the District's facilities.
3-7—.6.1.... "Wastewater discharge permit" means a
....................
permit as set out in
9.- .1�0_. Section 10.12.040.
— _6.2...... "Waters of the state" means all streams,
lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems,
drainage systems and all other bodies or accumulations of
water, surface or underground, natural or artificial,
public or private, which are contained within, flow
through, or border upon the state or any portion thereof.
(Ord. 223 § 2(part), 2001; Ord. 205 § 2, 1998; Ord. 198 §
l(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A(part)), 1989;
12
Ord. 150 (part), 1982; Ord. 147 (part), 1981; Ord. 128
(part), 1978; Ord. 93 (part), 1974; Ord. 86 (part), 1972;
Ord. 84 (part), 1971; Ord. 57, 1965; Ord. 52 (part), 1964;
prior code §§ 1 -110, 4 -702, 8- 401(B), 9 -101, 11 -301, 12-
101 and 16 -202 (part))
1.04.110 Construction of words and phrases.
Words and phrases shall be construed according to the
rules of grammar and according to their common and
approved uses. Technical words and phrases and those words
and phrases which have acquired peculiar and appropriate
meaning shall be construed according to the peculiar and
appropriate meaning. (Ord. 198 § l(Exh. A(part)), 1996:
Ord. 172 § l(Exh. A(part)), 1989: prior code § 1 -111)
1.04.120 Provisions of code not retroactive.
No provision of this c-c�k--Code is retroactive unless
so expressly declared. (Ord. 198 § l(Exh. A(part)), 1996:
Ord 172 § l(Exh. A(part)), 1989: prior code § 1 -112)
1.04.130 Effect of repeal or amendment.
A. The repeal or amendment of this Code does
not release or extinguish any penalty, forfeiture or
liability incurred or right accruing or accrued under the
provision repealed or amended unless the repealing or
amending act expressly so provides. The provision shall be
treated as remaining in force for the purpose of an action
or prosecution for the enforcement of the right, penalty,
forfeiture or liability.
B. When an ordinance repealing a former ordinance,
section or provision or an ordinance is itself repealed,
the repeal does not revive the former provision or
ordinance unless it is expressly so provided. (Ord. 198 §
1(Exh. A(part)), 1996: Ord 172 § l(Exh. A(part)), 1989:
prior code § 1 -113)
1.04.140 Code references apply to amendments and
additions.
When reference is made to this � {�eC_ode or a portion
of it, the reference applies to all amendments and
additions now or hereafter made. (Ord. 198 § l(Exh.
A(part)), 1996: Ord. 172 § l(Exh. A(part)), 1989: prior
code § 1 -114)
13
1.04.150 Separability.
If a section, subsection, sentence, clause or phrase
of this eeCode or the application of it to any person or
circumstance is for any reason held to be unconstitutional
or invalid, the decision shall not affect the validity of
the remaining portions of this eedeCode or the application
of the provision to other persons or circumstances. The
Board declares that it would have passed this e�E�_-ReCode or
the section, subsection, sentence, clause or phrase
irrespective of the fact that a section, subsection,
sentence, clause, or phrase is declared to be
unconstitutional. (Ord. 198 § 1(Exh. A(part)), 1996: Ord.
172 § 1(Exh. A(part)), 1989: prior code § 1 -117)
Chapter 1.08
ENFORCEMENT AND PENALTIES*
Sections:
1.08.010
Notice of violation.
1.08.020
Right to enter on private property.
1.08.030
Enforcement procedures, penalties and
remedies cumulative.
1.08.040
Enforcement — Disconnection of user of sewer
system— Notice and hearing.
1.08.050
Abatement of public nuisance.
1.08.060
Violation a misdemeanor.
1.08.070
Violation includes aiding, abetting or
concealing.
1.08.080
Penalties for delinquent payments.
1.08.090
Additional remedies for violation.
1.08.100
Responsible parties.
Prior history: Prior code §§ 3 -104, 7 -306, 15 -104, 15 -201, 15 -202, 15 -301, 15 -302 and
15 -303; Ords. 105, 109, 125 and 130.
1.08.010 Notice of violation.
The District may serve a person who violates this
eijde-Code., the terms of any District permit, the
requirements of the District Standard Specifications, or
other rule, order or regulation of the District with
written notice of the violation. The notice may be issued
by District staff without specific approval of the
District Board and said notice shall contain a description
of the nature of the violation and give a time limit for
satisfactory correction. Upon receipt of the notice, the
14
person shall cease the violation and correct the defect
within the time stated in the notice. Service of notice of
the violation shall not prevent the District from taking
any other action available under the provisions of this
eCode. or at law, whether or not said corrections are
satisfactorily made within the time stated in the notice.
If a more specific provision concerning notices of
violation contained elsewhere in this c Code is
applicable to a given circumstance, such more specific
provision shall apply. (Ord. 198 § 1(Exh. A(part)), 1996)
1.08.020 Right to enter on private property.
AIn order_ to ._safeguard public health and community
welfare, a District employee --may, agent or contractor
shall have the right to enter ti ejf private property
waerailiteas ___provided .._._bythis Code and ......_a_t
law. By applying for sewer service, or by receiving
publ,ic__sewer service,_a person consents to the entry by
........
District employees_,_ agents_ or contractors on the private
property where the sewer which discharges or may discharge
to the District wastewater system is located for the
purpose of s_ ewer_..__.: r_ ep_ l_ a_ c_ ement1ma_ i_ nt_ enance__...._ orr_eparor......._fo_r
:.:. _ :..: ...... :_.._:. _....
the purpose of reasonable inspection regarding compliance
with this Code, any District permit, the District
Standard Specifications,
regulation, state or federal law. By signing_.a
,_ . , authorizing or
. . . . . . . . . . . . . . . . _ . . .
directing_.. the........ execution o_f____a sewer work or owner's
__.
..... .........
sewer improvement agreement, a person consents to the
entry by District employees, agents or contractors on the
private property upon which sewer work related to the
permit or agreement will be performed, for the purpose of
reasonable inspection of construction or repair work being
performed _ _ . District
employees shall exhibit official evidence establishing the
employee's employment with the District p±4or e
_. , prae,-4Cab _during _any entry _onto_....pri_vate
_.. _
prope_rt.y. Additionally, upen E h-e-
., a District employee_, _age_nt
or contractor who is legally authorized to practice land
surveying shall have reasonable access to private property
without undue delay to investigate and utilize boundary
evidence or to provide surveys. The rights of entry
provided by this e:-_-e+±S_ec_tion shall be construed as
cumulative to rights provided elsewhere
15
in this f-ed Code, in a District permit, in an agreement
. . . . . : . . . . . . . . . . . . . . . . : .
with the District, or at law. (Ord. 198 § l(Exh. A(part)),
1996)
1.08.030 Enforcement procedures, penalties and remedies
cumulative.
All enforcement procedures, penalties and remedies
available to the District at law and by this c- eER--C_ode. are
intended to be cumulative. The enforcement procedures,
penalties and remedies set forth in this ehapterC_hap_t_e_r
are cumulative with any other enforcement procedures,
penalties and remedies set forth in any portion of this
eedreCode or at law. The use by the District of any
. . . . . . . . . . . . . . . . . . . : . . . . . . . .
enforcement procedure, penalty or remedy, whether provided
for by this eeCode or at law, shall not constitute a
waiver of the District's right to pursue any other
enforcement procedure, penalty or remedy, whether
available under this <f- adHCode or at law. (Ord. 198 §
l(Exh. A(part)), 1996)
1.08.040 Enforcement — Disconnection of user of sewer
system— Notice and hearing.
A. Disconnection. Notwithstanding any other
provision of this <m- -Code, the Board may order
disconnection of a user of the District's sewer system in
the event of any violation of this eedeC,ode, the terms of
........
any District permit, the requirements of the District
standard specifications, or other rule, order or
regulation of the District, which violation the Board
deems to be significant, including, but not limited to,
nonpayment of District fees or charges.
B. Notice and Hearing. Prior to termination of
service by disconnection, the District staff shall notify,
in writing, the owner and tenant(s), if any, of the served
property that service is intended to be so terminated, and
the District Board shall conduct a hearing thereon as
provided in this e h�' ^EChapter. Such notice shall be
maw- ,-sent by_. certified mail . to the owner at the address
............................................_.........................._.........: ..:::.:......................._ .:...........
shown on the records of the Assessor of the County or as
known to the District, and, if there are any tenants, a
copy shall be delivered to the tenant(s) or posted
conspicuously on the property. This notice shall state the
date of proposed termination of service and the reasons
therefor and the date the District Board shall hold a
hearing upon such intended termination. Such hearing shall
16
not be held less than fifteen days subsequent to the
giving of notice as required in this ehaChap_t_er.
C. Immediate Disconnection. In the case of actual
or threatened violation of thisC_ode, the terms of any
District permit, the requirements of the District standard
specifications, or other rule, order or regulation of the
District which reasonably appears to present an imminent
danger or threat to the health or welfare of persons, the
environment, or the District or its employees or
contractors, the General Manager may, after reasonably
attempting to informally notify the user of the District
wastewater system, take all necessary steps to halt or
prevent such violation, including, but not limited to,
plugging or physically disconnecting the access to the
District wastewater system. The rights of immediate
disconnection provided by this s+ibsee Subsection shall
be construed as additional to those rights provided
elsewhere in this -Code, in a District permit, in an
agreement with the District, or at law.
D. Reconnection. Nothing herein is intended to
imply that a disconnected user has any rights to
reconnection; however, before a structure may be
reconnected, the prospective user shall deposit with the
District an amount estimated by the-General Manager to be
the costs of disconnection and of reconnection, and shall
remedy to the satisfaction of the District the condition
or conditions which resulted in the District causing the
user to be disconnected. After payment of the cost of
disconnection and reconnection, the General Manager shall
refund the excess, if any. (Ord. 223 § 2(part), 2002; Ord.
198 § 1(Exh. A(part)), 1996)
1.08.050 Abatement of public nuisance.
during the pe±zied ef t--he vielatienAbatement Proceedings.
Discharge of wastewater in any_manner in violation of this
code or the terms ___of any District . permit, _.the requirements
of the District standard specifications, or other rule
17
order regulation of District_ is hereby declared a
public nuisance and may be.._. corrected _ or_. abated _ as directed
by the General Manager. (Ord. 198 § 1(Exh. A(part)), 1996)
1.08.060 Violation a misdemeanor.
A. Misdemeanor. A pe violation of
...................._....__ _.
this eeeCO_de_ is ;1 � n a misdemeanor and may be
punished by a fine of not more than one thousand dollars
or imprisonment of not more than thirty days, or both.
Each violation of this eed...eCode is a separate offense and
may be prosecuted separately. This s ienSect_i_on is a
declaration of Section 6523, Health and Safety Code, State
of California, and is not intended to create a different
or separate penalty.
B. Prosecution for misdemeanor is not exclusive of
other penalties or remedies. A person who violates this
e ,eck--Code_, in addition to being subject to misdemeanor
prosecution, may be subject to prosecution for violation
of any federal or state statute or local ordinance
applicable to the act or omission which caused the
violation of this eedeCode. Prosecution of a person
pursuant to this eE� Section does not limit other
administrative, civil,_ or criminal enforcement procedures,
penalties or remedies which the District may have
available at law or under this eedeCode. (Ord. 198 §
1(Exh. A(part)), 1996)
1.08.070 Violation includes aiding, abetting or
concealing.
A person who causes, aids, abets or conceals the
fact of a violation of this E:ed-eCode is guilty of
violating this e- �_C_o_de. (Ord. 198 § 1(Exh. A(part)),
1996)
1.08.080 Penalties for delinquent payments.
If any District bill, charge or fee, except sewer
service charges (see Seetien 6.24 16OChapter 6.24), is not
paid on or before the last day it is due, a delinquent
charge will be assessed the person in default. Delinquent
charges shall be in amounts established by resolution of
the Board of Directors or by order of the General Manager.
Any delinquent charge shall not exceed ten percent of the
unpaid amount due to the District, and in addition, a one
and one -half percent per month penalty shall be imposed on
the balance of unpaid bills, fees, charges and the
delinquent charge imposed. If a more specific provision
concerning delinquent charges and /or penalties contained
elsewhere in this E =Code is applicable to a given
circumstance, such more specific provision shall apply.
(Ord. 223 § 2(part), 2002; Ord. 198 § 1(Exh. A(part)),
1996)
1.08.090 Additional remedies for violation.
In the event that there is a violation of this
.
__....._._...._._ ._......._ ....................
eedeCode, the terms of a District permit, the requirements
of the District standard specifications, or other rule,
order, or regulation of the District is not corrected
after receipt of notice of a violation, the District may
collect from the responsible party the costs of such
correction, including, but not limited to, charges for the
time staff spends correcting the violation, the cost of
any contractor engaged by the District, material costs,
and any legal and consultant costs. The District shall
have such remedies for the collection of such costs as it
has for the collection of sewer service charges, to the
extent allowed by and in conformity with law, including,
but not limited to, the assessment of such charges on the
tax roll. (Ord. 198 § 1(Exh. A(part)), 1996)
1.08.100 Responsible parties.
Except as otherwise specifically set forth in this
eeC_ode, the following are parties responsible for
compliance with this Code., the terms of a District
permit, the requirements of the District standard
specifications, or other rule, order or regulation of the
District (collectively "District requirements "):
1. The current record parcel owner where the sewer
or proposed sewer is located;
2. The record parcel owner at the time, ._..._ o_f....the
connection to system or occurrence of violation of any
District requirement;
3. The record parcel owner at the time of the
District's discovery of violation of any District
requirement;
4. The person or entity entering into an owner's
sewer improvement agreement relevant to the violation; aild
5. The person or entity signing the sewer permit or
other District permit relevant to the violation..;. and
_ 6. Any User who fails to comply with District
re uirements; and any .
one of the —responsible parties set forth above.
19
It is the District's intent that absent unusual
circumstances, the current record property owner shall be
ultimately responsible for violations of District
requirements. However, the District may pursue any or all
available remedies for a violation of District
requirements against any or all of the above responsible
parties, in the District's sole discretion,
notwithstanding any agreements or covenants between any
responsible parties. (Ord. 198 § 1(Exh. A(part)), 1996)
Chapter 1.12
NOTICE PROCEDURE*
gorr�i nnc
1.12.010 Giving notice where not otherwise
provided.
1.12.020 Method of service.
1.12.030 When service by mail is complete.
1.12.035 When service by facsimile is complete.
1.12.040 Computation of time.
* Prior history: Prior code H 13 -101, 13 -102, 13 -103 and 13 -104.
1.12.010 Giving notice where not otherwise provided.
Whenever this eeeleCode requires the giving of notice
and the manner of giving notice is not otherwise
specified, the notice shall be in writing. If a right may
be exercised or an act is to be done, and the notice of it
is required to be given but the time within which the
notice must be given is not specified, the notice shall be
given at least ten days prior to the time the right must
be exercised or the act must be done. (Ord. 198 § 1(Exh.
A(part)), 1996)
1.12.020 Method of service.
Whenever notice is required to be given by the terms
of this ee4eCode and the manner of service of the notice
is not otherwise specified, the notice shall be served
f. hE� f PE�ESOI -Iall eE may =by:
1. .. Personal service;
_
2 First class mail in a sealed envelope with
postage prepaid, addressed to the person at his or her
last known mailing address and deposited in a facility
20
maintained by the United States Postal Service -,--& ,
3. Ove ................................
..
4 Facsimile transmission; to the Dis�� the
facsimile number maintained by the District's
Administrative Department, -
if notice is delivered . to the District, . or to the
facsimile number which is provided to the District, if
notice is to be given to a person outside the District_,
provided such person has given the District written
permission for service by facsimile- (Ord. 198 § 1(Exh.
A(part)), 1996)
1.12.030 When service by mail is complete.
In the case of service by mail, service is complete
at the time the notice is deposited in the United States
mail, but any prescribed period of notice and any right or
duty to do any act or make any response within any
prescribed period or on a date certain after the service
of the notice by mail shall be extended five days if the
place of address is within the State of California, ten
days if the place of address is outside of the State of
California but within the United States, and twenty days
if the place of address is outside of the United States.
(Ord. 198 § 1(Exh. A(part)), 1996)
1.... 12 . 032 ........_When service mail is complete.
In the case of service by overniqht mail, service is
1.12.035 When service by facsimile is complete.
In the case of service by facsimile, service is
complete at the time of successful transmission with
......... __..._. ........_..
.......... .........
evidence of. __._complet_ed____transmission, but any prescribed
period of notice and any right or duty to do any act or
make any response within any prescribed period or on a
date certain after the service of the notice by facsimile
shall be extended by done business days — of - �=
sue= =day. (Ord. 198 § 1(Exh. A(part)), 1996)
21
1.12.040 Computation of time.
The time in which any action provided by this
eedeCode is to be done is computed by excluding the first
day and including the last, unless the last day is a
holiday, and then it is also excluded. (Ord. 198 § 1(Exh.
A(part)), 1996)
Chapter 1.16
BOARD CONSIDERATION OF STAFF DECISIONS
Sections:
1.16.005 Final decision by staff.
1.16.010 Request for Board consideration of staff
decision.
1.16.015 Request for Board consideration does not
stay staff decision.
1.16.020 Procedure for taking appeal or requesting
Board consideration of staff decision.
1.16.030 Requests for Board consideration and
hearing.
1.16.040 Board determination final.
1.16.005 Final decision by staff.
Staff must render a final decision relative to a
matter before a person who may be aggrieved by such
decision can request consideration of such decision by the
District Board. A person may obtain a final decision by
staff relative to any matter by requesting in writing such
decision, directing the request to the staff member with
whom the person has primarily communicated relative to the
matter subject to the decision, or to the General Manager.
Staff must render a final written decision within forty -
five days of the District's receipt of the request for a
final decision. If no final decision is rendered within
such time, the person may request the District Board to
consider such matter pursuant to this e b--�- �- Ch_apter..
(Ord. 223 § 2(part), 2002; Ord. 198 § 1(Exh. A(part)),
1996)
1.16.010 Request for Board consideration of staff
(9 PCiginn-
A person aggrieved by a final decision of an officer
or employee of the District under this Code may
22
request consideration of such decision by the Board of
Directors. (Ord. 198 § 1(Exh. A(part)), 1996)
1.16.015 Request for Board consideration does not stay
staff decision.
A request for Board consideration of a final decision
of any officer or employee of the District does not
prevent the District from acting, refusing to act, or
continuing to act relative to the decision which is
complained of in the request for Board consideration and
does not prevent the District from pursuing any
enforcement procedure, penalty or remedy which may be
available to the District as a result of any violation of
this eCode, the terms of any District permit, the
requirements of the District Standard Specifications, or
other rule, order, or regulation of the District. (Ord.
198 § 1(Exh. A(part)), 1996)
1.16.020 Procedure for taking appeal or requesting Board
consideration of staff decision.
Wherever this ee6eCode provides that an action,
decision or order may be appealed or consideration by the
District Board of such action, decision or order may be
sought, and the procedure for such appeal or consideration
is not specifically provided for, the person appealing or
seeking consideration shall file a written notice of
appeal or request for Board consideration of staff
decision with the Secretary of the District within
t�enfi._f_teen days of receiving notice of a violation,
decision or order. The provisions of this eh-�,+pChap_t_er
shall govern such appeal or Board consideration. The
provisions of this c�Chapt_er shall not, however,
govern appeals for which a specific appeal procedure is
provided, including but not limited to, those which may be
contained in a memorandum of understanding between the
District and a certified employee organization. (Ord. 198
§ 1(Exh. A(part)), 1996)
1.16.030 Requests for Board consideration and hearing.
Upon receiving a request for Board consideration of a
staff decision, the Secretary shall set the matter for
hearing at a regular meeting of the Board of Directors and
shall give the person requesting Board consideration
written notice of the time and place of hearing at least
-t- twenty days before the hearing. The Board of Directors
shall hold the hearing within forty -five days of the date
23
of the request for Board consideration is filed. This time
may be extended by agreement. Each affected party will be
given an opportunity to make an oral and /or documentary
presentation at the hearing. Ordinarily no verbatim
recording or stenographically recorded transcript of the
hearing will be provided by the District. The only
official records kept as a matter of course by the
District of a hearing on Board consideration of a staff
decision will be the minutes taken by the Secretary of the
District and such documents as may be submitted to the
Board at or prior to the hearing by the District staff,
Board members, affected parties or their representatives,
or other members of the general public. Any plans or
documentation of more than two pages in length which the
Board is asked to consider at the hearing must be
submitted to the Secretary of the District at least
3_ten days prior to the hearing. No language in this
provision may be construed as allowing the stay of any
action, decision or order for which Board consideration is
sought during the period a request for consideration is
pending, unless upon showing of good cause, the Board
president or a duly designated Board Hearing Officer
grants such a stay......... All t_imes.._._limi.ts set forth herein may
_-
be extended or waived by mutual agreement of the parties.
(Ord. 198 § 1(Exh. A(part)), 1996)
1.16.040 Board determination final.
Any and all determinations of the Board arising from
a request for Board consideration of a staff decision are
final and conclusive. (Ord. 198 § 1(Exh. A(part)), 1996)
Chapter 1.20
RESPONSIBILITY FOR DEFECTS
core; nnc
1.20.010 Correction of defects.
1.20.020 Liability for defects.
1.20.010 Correction of defects.
When a defect results from a violation of the
Code, the person responsible for the defect shall
correct it after the General Manager gives notice to do
so. If the person does not correct the defect within the
time limit stated in the notice, given pursuant to Section
M
1.08.010, the District may correct it at the violator's
expense. (Ord. 223 § 2(part), 2002; Ord. 198 § 1(Exh.
A(part)), 1996: prior code § 14 -101)
1.20.020 Liability for defects.
when a person performs work under this ecdeCode, the
District is not liable for loss or damage resulting from a
defect or failure in the performance of the work, and the
person performing the work shall hold the District free
and harmless from all liability which results directly or
indirectly from the work. (Ord. 198 § 1(Exh. A(part)),
1996: prior code § 14 -102)
Chapter 1.24
SPECIAL CIRCUMSTANCES AND AGREEMENTS
Sections:
1.24.010 Relief from ordinances or regulations
because of special circumstances.
1.24.020 Relief from charges because of special
circumstances.
1.24.030 Emergency action.
1.24.040 Special agreements.
1.24.010 Relief from ordinances or regulations because
of special circumstances.
The Board may, upon its own motion or upon written
application, modify or suspend or relieve the application
of an ordinance or regulation if it finds that the
ordinance or regulation is unjust or inequitable because
of special circumstances.. l__-_..._ to the ..._.__ _extent ..._..._that ...__such
modification, suspension or relief is allowed under state
— - - -- - -- ---- - - - - --
and federal law. (Ord. 198 § 1(Exh. A(part)), 1996: prior
code § 1 -115)
1.24.020 Relief from charges because of special
circumstances.
If the Board finds that a charge or app_lica_tion of a_n__
ordinance or regulation is unjust or inequitable because
.................. - -- -.
of special circumstances, it may upon its own motion or
upon written application of an owner or occupant of
premises-or contractor, fix a fair and equitable charge
-......._ ...... ........................:..:... _ ....... .......- .............._........
or offer some other form of relief as it deems
appropriate, to the extent that such relief is allowed
25
under. state and federa_l law. (Ord. 198 § 1(Exh. A(part)),
1996: prior code § 1 -116)
1.24.030 Emergency action.
This deCode . is not intended to prevent a person
from protecting property and public health in the event of
disaster or danger. However, a person who performs work in
this event shall report it and obtain proper inspection
and clearance at the earliest opportunity. (Ord. 198 §
1(Exh. A(part)), 1996: prior code § 14 -201)
1.24.040 Special agreements.
This <edeCode does not prevent a special agreement,
contract or arrangement by the Board when the Board finds
that it is necessary and of benefit to the District. (Ord.
198 § 1(Exh. A(part)), 1996: prior code § 14 -202)
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Title 2
ADMINISTRATION
Chapters:
2.04 Board of Directors
2.08 General Manager
2.12 Secretary of the District
2.16 Counsel for the District
2.20 Conflict of Interest Code
2.24 Compliance With the California Environmental
Quality Act
2.28 Funds
2.32 Protection of Property
2.36 Purchasing and Materials Policy
1
Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.060
2.04.070
2.04.080
Chapter 2.04
BOARD OF DIRECTORS
Selection and term of President and
President Pro Tem.
Appointment of committees.
Compensation of Board Members.
Time and place of regular meetings.
Holidays.
Adjournment of meetings.
Special meetings— Calling— Notice.
Order of business.
2.04.010 Selection and term of President and President
Prn TPm_
The Board shall choose one of its Members as
President and President Pro Tem at the first meeting of
December, serving for a one —year period. (Prior code § 2-
101)
2.04.020 Appointment of committees.
When the Board considers it necessary for the
efficient transaction of business, it may approve the
creation of a ,.,,,f,.,,; t ad ._hoc and _s._tandinq._comm_i.tt_ees for
the purpose of reviewing, investigating and recommending
with reference to a particular matter. The President shall
appoint the members of the e TM.it- teeall ad hoc and
s.tandng...._committees_. (Prior code § 2-102)
2.04.030 Compensation of Board Members.
A. Beginning on e ' , ' 14;17-,-4p r i 1 1 6, 2007 and
continuing until the ordinance codified in this section is
modified or repealed, the compensation for Directors of
the Central Contra Costa Sanitary District is increased
two hundred twenty- one._. dollars ..__per ......_day for each day., s
attendance at meetings of the Board or for each dal s
service rendered as a director by request of Board, in
:.... :. ...... - :... . ....... _ . _...... _._._.
accordance with Section_ 6489 of the and
Safety and Section 20202 of the California Water
Code. Compensation shall not be for more than a total of
six days of any calendar month.
B. The aBoard of Directors' compensation
H.areh Z'(001.1
2
{4 - - --1;
be reviewed _r_eviewed.....p.eriodical.ly at the
discretion of the Board Any adjustment shall be enacted
.. — . .
by adoption of an ordinance after an opportunity for
public discussion at a.._ Board , of Director's ___.meeting,
2.04.040 Time and place of regular meetings.
The regular meetings of the Board of Directors are on
the first and third Thursday of each calendar month at the
office of the District, 5019 Imhoff Place, Martinez,
California, exact time to be as from time to time fixed by
the Board. (Ord. 127, 1978: Ord. 126 (part) , 1977: prior
code § 2 -201)
2.04.050 Holidays.
If the day fixed for a regular meeting of the Board
falls on a holiday, the meeting shall be held on such next
business day as may be fixed by the Board of Directors at
the last regular meeting held before the holiday at the
same hour specified for the regular meeting. (Ord. 113,
1976: prior code § 2 -202)
2.04.060 Adjournment of meetings.
A. Adjournment by Board of Directors. The Board of
Directors may adjourn a regular, adjourned regular,
special or adjourned special meeting to a time and place
specified in the order of adjournment. Less than a quorum
may so adjourn from time to time.
B. Adjournment by Secretary. If all Members are
absent from a regular or adjourned regular meeting, the
Secretary may declare the meeting adjourned to a stated
time and place and shall cause a written notice of the
adjournment to be given in the same manner as provided in
Section 54956 of the Government Code for special meetings
unless this notice is waived as provided for special
meetings.
C. Notice of Adjournment. A copy of the order or
notice of adjournment shall be conspicuously posted on or
near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held
within twenty -four hours after the time of adjournment.
D. Adjourned Meeting is a Regular Meeting. When a
regular or adjourned regular meeting is adjourned, the
resulting adjourned regular meeting is a regular meeting
for all purposes.
E. Hour at Which Adjourned Meeting to be Held. When
an order of adjournment of a meeting fails to state the
3
hour at which the adjourned meeting is to be held, it
shall be held at the hour specified for regular meetings.
(Prior code § 2 -203)
2.04.070 Special mee+= eMe_et_ ngs— Calling— Notice.
A. Calling Special Meetings. A special meeting may
be called at any time by the President or by a majority of
the Members of the Board, by delivering personally or by
mail written notice to each Member of the Board, and to
each local newspaper of general circulation, radio or
television station requesting notice in writing.
B. Delivery and Contents of Notice. Such notice
must be delivered personally or by mail at least twenty -
four hours before the time of such meeting as specified in
the notice. The call and notice shall specify the time
and place of the special meeting and the business to be
transacted. No other business shall be considered at such
meetings by the legislative body.
C. When Notice Not Necessary. Such written notice
may be dispensed with as to any Director, who at or prior
to the time of the meeting convenes, files with the
Secretary a written waiver of notice. Such waiver may be
given by teleg-- .- mai_ l... r..........._ facs._i mi_ l_ e_ 1..._..._._ _oremai_l.__............ Such written
notice may also be dispensed with as to a Director who is
actually present at the meeting at the time it convenes.
(Prior code § 2 -204)
2.04.080 Order of business.
A. The order of business of the Board of Directors
meetings shall be established by a resolution of the Board
of Directors and may be changed from time to time by
additional resolutions.
B. Business headings under which there is no
business to be considered at a particular meeting may not
appear on the agenda for that meeting.
C. The Board of Directors may at any meeting,
consider any item of business out of order. (Ord. 143,
1980: prior code § 2 -205)
Chapter 2.08
GENERAL MANAGER
Sections:
2.08.010 Chief executive officer.
M
2.08.020 Appointment and qualifications of General
Manager.
2.08.030 Authority and responsibility.
2.08.040 Duties.
2.08.050 General Manager may employ assistants.
2.08.010 Chief executive officer.
There is created the office of General Manager. The
General Manager is the chief executive officer of the
District. (Ord. 223 § 2(part), 2002; prior code § 3 -201)
2.08.020 Appointment and qualifications of General
Manager.
The Board shall appoint the General Manager. The
General Manager shall have a bachelor's degree from an
accredited college or university with major work in
business or public administration, engineering or a
related field. (Ord. 223 § 1(part), 2002: prior code § 3-
202)
2.08.030 Authority and responsibility.
The General Manager of the District has the
administrative authority and responsibility for the
operation of the District and the enforcement of all
District rules and regulations, including authority to
execute all contracts, warrants, releases, receipts, and
similar documents for and on behalf of the District in
accordance with California Health and Safety Code Section
6487. (Ord. 223 § l(part), 2002: prior code § 3 -203)
2.08.040 Duties.
The General Manager shall:
A. Establish departments and organize the functions
of the District;
B. Recommend rules and regulations for adoption,
including specifications and requirements controlling the
construction, repair, maintenance and operation of sewage
systems, recycled water systems and Household Hazardous
Waste Collection Facility;
C. Collect fees and charges, issue permits and
maintain records of all transactions. (Ord. 223 § 1(part),
2002: prior code § 3 -204)
2.08.050 General Manager may employ assistants.
Upon approval of the Board of Directors, the General
Manager may appoint assistants. Each appointment shall be
made in accordance with the employment procedures
5
specified in Title 4 of this e eieCo_de. The General Manager
may delegate authority to said ass± ±�a-f�as_sist_ants.. (Ord.
223 § 1(part), 2002: prior code § 3 -205)
Sections:
2.12.010
2.12.020
2.12.030
2.12.040
Chapter 2.12
SECRETARY OF THE DISTRICT
Secretary of the District.
Appointment and qualifications of the
Secretary of the District.
Authority and responsibility.
Duties.
2.12.010 Secretary of the District.
There is created the office of the Secretary of the
District. The Secretary of the District acts as staff to
the Board of Directors.
2.12.020 Appointment and qualifications of the Sec
retary of the District.
The Board of Directors shall appoint the Secretary of
the District. The Board shall establish the qualifications
of the Secretary of the District and the method of
selection.
2.12.030 Authority and responsibility.
The Secretary of the District reports to the Board of
Directors and shall serve as Secretary of the District
within the meaning of the California Health and Safety
Code.
2.12.040 Duties.
The Secretary of the District shall:
A. Make independent decisions as necessary to
implement Board requests, decisions, and official actions;
B. Serve as custodian of the official records of
the District;
C. Attend meetings of the District Board and such
additional committee meetings, conferences and hearings as
may from time to time be required;
D. Produce as appropriate the minutes and official
records of Board-and itteeacti_ ................ those _
»,..
closed session meetings, with the restriction that minute
books recording the topics_ _discussed and dec�sions____made.in
N
closed session meetings shall be considered confidential
.
and not subject to under_ the Public
Records Act, Government Code 6250 et sea.;
_ .. - ..__..... -
E_ Participate and coordinate with management group
.. _...
in meetings and projects.
Chapter 2.16
COUNSEL FOR THE DISTRICT
Sections:
2.16.010 Counsel for the District.
2.16.020 Duties.
2.16.030 License to practice law.
2.16.040 Experience.
2.16.010 Counsel for the District.
Under direction of the District Board, and in
coordination with the General Manager ie fi r ez, the
District Counsel shall act as attorney for the District ±n
, in tahese iiial.'-Iter-s
2.16.020 Duties.
A. The Counsel for the District shall act as
attorney for the District as required in all matters
affecting District affairs, except in those areas, or
subject matters, where special counsel are from time to
time employed and special responsibilities assigned to said
special counsel.
B. within the foregoing limitation, and in
fulfilling duties as attorney for the District, the
District Counsel shall: attend meetings of the District
Board and such additional committee meetings, conferences
and hearings as may from time to time be required to
provide legal counsel and guidance; oversee application of
the Ralph M. Brown Act to District meetings and maintain
records in conformance with said act; prepare opinions as
to applicable law when required by the circumstances, or
requested by the District Board or the
}.1,e s t1 r-; ,, _- .general Manager; prepare such legal
documents, including contracts and conveyances, as may be
required, and to prosecute and defend such litigation as
the interest of the District shall require; assist
officers and employees of the District by advice upon
7
legal matters related to the administration of the
District, and engage in such research, studies and reports
as may be indicated in the progress of his work.
C. The Counsel for the District may practice law
independent of District work in an office maintained at
his own expense, including necessary stenographic and
research services; provided, however, that such practice,
and the clients represented therein, shall not conflict
with his responsibility to the District.
2.16.030 License to practice law.
The District Counsel shall be admitted to practice
law in California and shall have active membership in the
California State Bar.
2.16.040 Experience.
The District Counsel shall have two years'
comprehensive experience in the law of special districts,
eminent domain, state and federal environmental
protection, state and federal grant administration,
legislative draftmanship, and conduct of public hearings.
Sections:
2.20.010
2.20.020
2.20.030
2.20.040
2.20.050
2.20.060
Chapter 2.20
CONFLICT OF INTEREST CODE
Purpose.
Designated positions.
Disclosure statements.
Place and time of filing.
Form of disclosure statements.
Disqualification.
2.20.010 Purpose.
Pursuant to the provisions of Government Code
Sections 87300 et seq., the Board of Directors of the
District adopts the conflict of interest code set out in
this l_. nit-.- Chapter. Nothing contained in this
f--45v =- Chester is intended to modify or abridge the
provisions of the Political Reform Act of 1974 (Government
Code Section 81000). The provisions of this e�Chap_ter
are additional to Government Code Section 87100 and other
laws pertaining to conflicts of interest. Except as
otherwise indicated, the definitions of said Act and
regulations adopted pursuant thereto are incorporated in
8
this r eet7; e e .,v,, nY
,�- ��s- �rzS_ec_ton, and this �.��Chapt_er shall be
interpreted in a manner consistent therewith.
2.20.020 Designated positions.
The Board shall from time to time establish by
resolution designated positions of officers and employees
deemed to make, or participate in the making of, decisions
which may foreseeably have a material effect on a
financial interest.
2.20.030 Disclosure statements.
Each designated employee shall file an annual
statement disclosing that employee's interest in
investments, real property, and income designated as
reportable under the category to which the employee's
position is assigned.
2.20.040 Place and time of filing.
A. All designated employees required to submit a
statement of financial interests shall file the original
with the Secretary of the District.
B. The Secretary of the District who receives the
statement of financial interest shall make and retain a
copy and forward the original to the Board of Supervisors.
C. A designated employee required to submit a
statement of financial interest shall submit an initial
statement within thirty days after the effective date of
thisCh Ater. Thereafter, each new designated
employee shall file a statement within thirty days after
assuming office or, if subject to confirmation, thirty
days after being appointed or nominated.
D. Annual statements shall be filed no later than
April 1st by all designated employees. Such statement
shall cover the period of the preceding calendar year.
E. A designated employee required to file a
statement of financial interest with any other agency,
which is within the same territorial jurisdiction, may
comply with the provisions of this f4i-t Chapter by
filing a duplicate copy of the statement filed with the
other agency, in lieu of an entirely separate document.
(Ord. 208, 1998; Ord. 184, 1993)
2.20.050 Form of disclosure statements.
Disclosure statements required to be filed under this
e-haV-teChapt_er for any category of reportable interests
....,.,.
shall be on the forms provided.
0
2.20.060 Disqualification.
Designated employees shall disqualify themselves from
making or participating in the making of any governmental
decision when it is reasonably forseeable that a financial
interest of the designated employee may be materially
affected by the decision. A designated employee shall not
be required to disqualify himself with respect to any
matter which could not be legally acted upon or decided
without his participation.
Chapter 2.24
COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT*
Sections:
2.24.001 Purposes.
2.24.010 Scope of applicability.
2.24.020 Copies on file.
* Prior history: prior cope §§ 16 -101, 16 -102, 16 -201 and 16 -202 and Ords. 158, 159 and
164.
2.24.001 Purposes.
Local guidelines implementing the purposes and
provisions of the California Environmental Quality Act,
referred to in this ehapt Chapt_er as „CEQA,,, have been
promulgated and adopted by the California Secretary for
Resources. The District shall comply with the applicable
state CEQA guidelines as promulgated from time to time by
the California Secretary for Resources, and the District
shall by resolution adopt these applicable guidelines and
appropriate amendments thereto and shall pass such
resolutions as necessary for their implementation. In the
event that there is any conflict between the applicable
CEQA guidelines promulgated by the California Secretary
for Resources and those adopted by the District by
resolution, the regulations adopted by the California
Secretary for Resources shall prevail. (Ord. 219 §
1(part), 2001)
2.24.010 Scope of applicability.
These guidelines apply to all discretionary projects
approved or carried out by the governing board that may
have a significant effect on the environment. (Ord. 219 §
1(part), 2001)
10
2.24.020 Copies on file.
The full text of the District's CEQA guidelines,
including the resolution of adoption and the state CEQA
guidelines as incorporated by reference, will be kept in
the office of the Secretary of the District. (Ord. 219 5
I (part) , 2001)
Chapter 2.28
FUNDS
.q Pr t- 1 nn a, -
2.28.010
Establishment of funds.
2.28.020
Debt and Bond fund.
2.28.030
Running expense fund.
2.28.040
Sewer construction fund.
2.28.050
1- � ....................... __ ................ ...........
Self-insurance fund.
------
2.28.010 Establishment of funds.
A. Each of the following funds is established:
1. BendDebt and bond fund;
2. Running expense fund;
3. Sewer construction fund—._L and
4. Self-insurance fund.
......... ... = -
B. The Board may establish such other funds by
resolution as it considers necessary or convenient. (Prior
code § 5-101)
2.28.020 +3� Debt and bond fund.
A. Money to be Deposited in the Debt and Bond Fund.
The debt and, bond fund consists of the following:
1. Taxes pledged for payment of principal and
interest of the bonds issued by the District;
2. money for the payment of state revolving fund
......................... . ...... . .. �..
loan obligations, private placement, debt obligations and
revenue installment certificates.-
................................. ........... .................. ........... I—- - �
3. -Other money which the Board directs to be
deposited therein.
B. use of Fund. This fund may be used only for
bond........and-debt. retirement. (Prior code § 5-102)
2.28.030 Running expense fund.
A. Money to be Deposited in Fund. The running
expense fund consists of the following:
11
1. Property tax revenue le,Aeda_l_l_oca_t_ed for running
,ex p -ei +s es expenses.;
2. Running expense revenue accounts includin __ .......
or portions of sewer service charges and operation and
maintenance fees and charges..,-
3. Other money which the Board directs to be
deposited____therein_ ;....._ and
4 Earnings. on funds held therein.
B. Use of Fund. This fund is used only for the
purposes prescribed by law. (Prior code § 5 -103)
2.28.040 Sewer construction fund.
A. Money to be Deposited in Fund. The sewer
construction fund consists of the following:
1__ Proceeds from the sale of bondsL
. :_ Y
2. Ftfe g�7; - - - -- - Earnings on invested
funds;
3. 4. That portion of sewer service charges fixed
............... - -- ........_.......
by the Board;.
4. Revenues from all forms of connection charges
and capacit -v fees;
5. Property tax _revenue . to extent not
.
allocated_ to Debt and Bond Fund,
6 Other money as directed by the Board.
B. Use of Fund. ThF 4:nd is intef--e Insofar as
money_ i.n the sewer construction fund are ......._ derived ......_from ..._._bond
money__L such _money shall be us ............... ......... __ ...... ........ _ ...._... ...............................
in the order forth in
he bond authorization
__ ._. _
... ...... _.....
documents_, and for no other purpose., bu_t, if after_ those
purposes are entirely fulfilled any balance remains in the
fund, the_ balance ..._may,... upon the order o_f the Board, be.
.... ..... - .......
transferred to _ either ...of the other funds provided by_ this
.
Chapter. All other money in the sewer construction fund
shall b_e.__..._used for the expansion of the sewage treatment
plant a-n4, main trunk lines, F�o_t_ her._ _ District Facilities
.
and for capitalized maintenance, repair, renovation
replacement a ..................... ......... .........
...........
Fund shall be used as prescribed by law. (Prior code § 5-
104)
2.28.050 Self - insurance fund.
A. Money to be Deposited in Fund. The self_
insurance _fund consists of the fol ........... .................
1 Property tax revenue..... allocated for self
__ .
insurance fund expenses;
12
the purposes _authorized by..... the Board or n self
_.:
insurance_._ fund policies.
Chapter 2.32
PROTECTION OF PROPERTY
Sections:
2.32.010 Damage of District property.
2.32.020 Occupancy prohibited.
2.32.010 Damage of District property.
No person shall damage or tamper with the District
property without authorization to do so. (Prior code § 15-
101)
2.32.020 Occupancy prohibited.
No person may occupy a building or structure until
the premises meet all rules and regulations of the
District. (Prior code § 15 -102)
Chapter 2.36
PURCHASING AND MATERIALS POLICY
SPCtinns_
2.36.010 Policy.
2.36.010 Policy.
A. It is the Central Contra Costa Sanitary
District's policy to perform procurement activities in
conformance with all applicable laws and wi- t.�h ....... th -e-- -h-i h�_�
.. ef I-,)asinesq eendiietin a manner
consistent with adopted purchasinq__.olicies. The
....... .... ..... .... ...... ....
authority of _Dist_rictEmployees to..._ both ._ pro.curegoods and
services and to bind the District in procurements shall be_
---- - - - - --
as authorized and limited in adopted purchasing policies.
_.._.. ......... ........ ........ _ .. ....... _._ ..
B. The District's administrative department's
purchasing and materials section will contract for
purchase, rent or lease materials, supplies and equipment,
13
and secure services for the District's use with the
objective that such goods and services will be available
at the proper time, in the proper place, in quantity,
quality, and price so as to receive maximum value; and to
maintain inventories of goods at minimum levels consistent
with the user department's needs while allowing the
maximum conservation of the District's funds.
7871.50.9
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Title 5
PERMITS AND LICENSES
Chapters:
5.04 General Provisions
5.08 Insurance and Other Permit Requirements
5.10 Permit Enforcement Provisions and Remedies
5.12 Suspension or Revocation of Permits and
Suspension of Contractor Registrations
5.16 Sewer Improvement Agreements
1
Chapter 5.04
GENERAL PROVISIONS*
Sections-
5.-04-.-0 05
Sewer Work Permit Classifications.
5.04.010
Permits required for sewer work.
5.04.015
Properly licensed contractors.
5.04.020
pie =�e obt - Unpermitted Sewer
Work.
5.04.025
Permit form and agreement.
5.04.030
Inspection.
5.04.040
Notice that work is ready for inspection.
5.04.050
Changes in terms of permit.
5.04.060
Effective period of permits.
5.04.070
Permits not transferable.
5.04.080
Substitution of contractors.
5.04.090
Obtaining permit by fraud or
misrepresentation.
* Prior history: Prior code §§ 10 -103, 10 -104, 10 -105, 10 -106, 10 -107, 10 -108 and 10 -401;
Ords. 58, 109 and 130.
5.04.005 Sewer Work Permit Classifications.
................. ..............._....... ........ _._.. - - - - -- ..._ __._._............_.................._._..._._...._..._.... ........._................._... - -
---
ar;t v i- e-=�A. Within the annexed boundaries of the
District, a person shall pay the required fees and shall
obtain a permit from the District___ be _f_ore_- under_t_ak ng___s_ewer
........ ...__..
work. Such sewer work permits shall fall into the
following classifications:
:...:................................:.... 1............................_._....................._.................
._...._._..........__._.
Contractor's Permit. z-x 4eiZ t T
e'l-er ,.°,,..; ^�
-C
ene1-1}e— S-t -a4 . e..- e' l t h
the exception of property owners, as described in section
.....
A.2. below,
,. all persons: proposing to perform any
construction, excavation, repair, rebuilding, alteration
or reconstruction of any public or private sewer, or
proposing to connect any private sewer to a public sewer
facility _be.. _a.
contractor licensed in the State of California and shall
-- - - - - -- — ----- - - - - -- — ------ - - - - -- - - - - --
also obtain a Contractor's Permit from the District.
..... ......... - _._.... - .
- .......... .
�. ; --r ef,n„ k Inc ---a7- e - +
,�,_ r'�
2._. Property. Owner'_s Permit...___._. An...- _owner of real
proper- ----- ty fo sewer work located on his or her property may
---------- - r -
- - -- - - - - -- - - - - -- - - -- ---------------
obtain a Property Owner's Permit. All work under a
_._ __ _
Property Owner's Permit shall be personally.__. performed_._ by
the owner or by his or her employees. A Property Owner's
Permit shall not be issued for work in a public street or
... ....— ...... -
for connection of ._a private sewer toa_. District _.__.public
- - sewer facility - - - as such work -mut be performed by a
- - -- - - -- - --------s---- ---- -- - - - - -- -
licensed contractor having obtained a contractor's permit.
........ ........ _.._._ ................
B. B. In addition to those permits specified in
this ._ - Section, the District Board or the General
Manager shall have the authority to require additional
permits for any activities or projects as are reasonably
necessary to protect the health and safety of the public,
or the property of the District, or to ensure that
operations of the District comply with all applicable
laws. (Ord. 223 § 2(part), 2002; Ord. 198 § 2(Exh.
B(part)), 1996)
5......._ 0. 4..._ 0_ 1._ 0 ...... ........._Permit _...._Application.
...
_A. ._...... Any__person entitled __to receive a.......permit f_or
sewer work may apply for such permit pursuant to the forms
provided by.... the District.---The aDDlicant ._may be __.required
_ ....: ......
to provide plans, specifications or drawing_s orother such
_
information deemed appropriate by the District, including
but not limited to the location, use and ownership of the
premises to be served by Sewer facilities_
B. If an applicant has previously violated this
y
Code, �:., o f e� ) . l ��' 2. c � { < .. � ?..3+ a CJ �.
... .? d a '� C.� � ! C , . L ,e, �„ GA ., x f . i .. � .Y a _ E'
�, '� . e .,. .,
C.) o
of as S�11
r t,:
L e 1.08.090 or the im position .of fines,
penalties or citations, the applicant shall not be issued
a_sewer work _ permit_ until__ such__costs,__fines, penalties or
- - -. ....... - :..... .._.. ....: ..... .._ ..... ..............
citations have been settled or_pai_d to_.._ the _District.
_
3
5.04.015 Properly licensed contractors.
All contractors doing sewer work within the
District shall be properly licensed in accordance with the
State of California Contractors License Law and the
California Contractors State License Board rules and
regulations. Acceptable license classifications are: "A "-
General Engineering Contractor; "C -34 "- Pipeline; "C -36"-
Plumber; and "C -42 "- Sanitation Systems; and /or those
classifications which may be promulgated in the future by
the State of California which provide for performance of
like work. The sewer work which contractors with C -36
licenses may perform is restricted to private side sewers
from public sewer mains to buildings, excluding
connections to the public sewer mains.- _........._A....... "_B._ "_- _General
Building Contractor shall not be issued a permit, unless
e - e - - -- - -- required — - specia1t_y_
h or she also holds one of the re uireds
licenses.- _ ( Ord . 198 § 2 ( Exh . B ( part)) , 19 9 6 )
5.04.020 Fail�ir =e ' e Unpermitted Sewer Work.
_'..Performance of sewer work without a
__ ..... . _... ............... _...
permit when required by See-44eiq S.G4.010this Title is a
violation of this _
�.,� ; ,,.. a
E) -, �z� ,- nCode. The District may employ any enforcement
mechanism set forth in Section 5.10.020 or as otherwise
provided by this eo.le -- at-1�a . Codeo_r. law against those
_
persons _responsible_ forthe unpermitted_ sewer_ work. The
_ ..... .... . :.......
person committing the violation may be subject to a fine
or imprisonment as set forth in Section 1.08.060 of this
l - pixel = =- he-i
m arm= -ee
... . , .. ... 3� v _ ..
.. .. _ -
t-t - Fw n4- E e j - a -
beef ffie,L.Code. (Ord. 198 § 2(Exh.
B(part)), 1996)
5.04.025 Permit form and agreement.
A. The General Manager will prescribe the fe�Efft ef
f--- deftec
- e _ ... _ . :format of
permits.
B. Contractor' s_Permits. shall be signed by
the contractor that will perform the work or Eby the
contractor's authorized agent.
Property_ Owner's Permi._ts . shall be signed by the property
N
owner. The _ An agent signing_ on behalf____of a._ contractor
shall haves- efrF� -�d. documentation demonstrating
ageney -te the :saw4 _ -.authorization of the
....... _.
_ .._.
=agent on file a -t-with the District prior to
e t:i�gb-t-a_in-ing any permit. By applying for a_permit,__.
signing or causing t� e signing of 114a-eanother to sign a
permit ~." --on ._on_esbehal_f., the
permittee -ac�e e, and if applicable the agree
to comply with the District eedeCode, the terms of the
permit, the requirements of the District standard
specifications, and other rules, orders and regulations of
the District and further agrees to accept liability for
any violation thereof. The permittee may be required to
sign a permit under penalty of perjury. (Ord. 223 §
2(part), 2002; Ord. 198 § 2(Exh. B(part)), 1996)
5.04.030 Inspection.
A holder of a eent±zaear ' ;s -eiz he reewne - sewer
work permit shall arrange for ongoing District
inspections, a, _ and obtain final
District inspection of any work performed under a permit
a by t.h �; _ -.._ before placing any constructed,
reconstructed, rebuilt, altered or repaired sewer into
service. Prior to signing off on the work performed under
any such permit rsueiy -mac x.n the District shall
inspect the work performed under the permit. If the work
performed under any permit does not conform to the permit,
pertinent District eedeCode sections, rules, orders,
regulations, requirements and specifications, or if the
permit holder does not arrange for required District
inspections, the District may employ any enforcement
mechanism set forth in Sections 5.10.020 and 5.10.030 or
as otherwise provided by this e�-C-ode or general law.
(Ord. 198 § 2(Exh. B(part)), 1996)
5.04.040 Notice that work is ready for inspection.
-fY hrl€-
Permit tees shall
_,tom notify the District when 1--he-prior to work i
tta.RTl_ and when the work will be ready for inspection
TTr� 4.9- S ---et 4 e £ -
�; 4S _
�_spe r 1 _. ,a a. Contingent upon staff availabilitv
. .... ....
and of any additional charges, ._expedited or
overtime inspection may be available upon request. (Ord.
198 § 2(Exh. B(part)), 1996)
5
5.04.050 Changes in terms of permit.
The District reserves jurisdiction over every
permit issued by the District for any purpose. At any time
before any work or activity under any permit is complete,
the District may for good cause change any term of the
permit. This :�
-�. irSection applies to all permits
outstanding on the date this s+_�. e_ct_ion takes effect
.........._ ... ...............................
as well as to all permits issued subsequent to the
effective date of this —_r�-Section. (Ord. 198 § 2(Exh.
B(part)), 1996)
5.04.060 Effective period of permits.
�Sewer work
permits are effective for a period of six months from the
date they are issued, unless stated otherwise on the
permit. The District may specify the effective period for
any other permit issued by the District. The expiration
date of a permit will be shown on the permit ....._S_ewer......_work
permits may be renewed in writing, upon submission of a
written request and payment of any applicable fees and
—
--
charges,.for up to_ two additional six- month terms. (Ord.
198 § 2(Exh. B(part)), 1996)
5.04.070 Permits not transferable.
A._._.__s_ewer._..._wo_rk permit is not transferable. The
. . . . . . . . . .. . . . . . . . . . . ... . . . . . . . . . . . . . . : . . .
work covered by a contractor's permit must be performed by
the licensed contractor that obtained the permit, or by
the licensed contractor's employees. (Ord. 198 § 2(Exh.
B(part)), 1996)
5.04.080 Substitution of contractors.
er I-
~
e-
_, :.. l . _ ..An owner may req uest
substitution a new contractor for the current contractor
....................
by giving the District written notice of the rn�re
name
of the new contractor. The new contractor shall obtain a
new permit tpror any Work and shall
complete the work in accordance with District
requirements. (Ord. 198 § 2(Exh. B(part)), 1996)
5.04.090 Obtaining permit by fraud or misrepresentation.
It is a violation of this eczCode to obtain any
permit by fraud or misrepresentation. Any permit obtained
by fraud or misrepresentation is voidable. This
..:. ^�n_Section applies regardless of the source of the
M
information appearing on the permit. (Ord. 198 § 2(Exh.
B(part)), 1996)
Chapter 5.08
INSURANCE AND OTHER PERMIT REQUIREMENTS*
Sections:
5.08.010 Insurance required.
5.08.020 State excavation permit required.
5.08.030 District ownership of security.
* Prior history: Prior code §§ 10 -201, 10 -202, 10 -203, 10 -204, 10 -205, 10 -206, 10 -207, 10-
208, 10 -209, 10 -210, 10 -211 and 10 -212; Ords. 53 and 174.
5.08.010 Insurance required.
A. A contractor who applies for a
-"..-Contractor's s p -erm �Permi_t shall obtain and
_
maintain workers compensation insurance as required by
California law and__ general..._... and......_automobi_le_ liability.
........
insurance.
as
.. � A-._ , -
Fe - ...... -zY�e
B. It is the contractor's sole
responsibility to obtain and maintain workers compensation
and general and automobile liability insurance. This
nS_e_c_t_i_on is not intended, . nor was any previous
version of this ?ESection intended_ to create or
impose any duty upon the District to ensure that
contractor obtains and maintains this insurance. -Phe
However, due to the importance ...._o,f.__ liability, . safety-and
insurance issues, the District may, he; +w=on a case-by-
case basis, investigate th_e..- .- contractor's wo e s.
rkr
compensation, general ._.._and ._automobile insurance coverage at
any time. Failure of the contractor to obtain and
maintain �worke_r_s' compensation_ insurance
coverage as set forth in this s�Se.ctson may cause the
denial and /or i suspen_sion of a contractor's
permit, at the sole and absolute discretion of the
District.
7
_ .. _ _ ,_
-ev±s SUeh a,9 the
cntet - f— =_�3 .._._._(..E B{ -t
5.08.020 State excavation permit required.
p_ers_on who employs____ other_s____.___and....._applies for
:._ _..: ......... ......... ........
a e-c ±� ate: ' ;ss_ewe_r_ _wor_k permit shall obtain and maintain
a trench and /or excavation permit issued by the Division
of Occupational Safety and Health, State of California.
Any such, person performing work without obtaining and
maintaining a state trench and /or excavation permit shall
be subject to the enforcement provisions and remedies
contained in Chapter - 5= - -&-- 5_._10....__ and elsewhere in._ this Code.
This .,= .�— Section is not intended to create or impose
any duty upon the District to ensure that a contractor
obtains and maintains such permit. (Ord. 198 § 2(Exh.
B(part)), 1996)
5.08.030 District ownership of unclaimed
.:..................................... .........................
...
securities or cash bonds.
ee
�. _evc
nz wsE]_ 1, r -4 +�� --p -
+ -r, + t rya 9 +._._; �+
A. Subject to the 'Provis_ions.. of ...._Government Code
section 50050 et seq., cash bond money may become the
property of the District, after notice, if held for at
Least_ three years _by the District and such _bond or
».
security is not claimed or made subject to a verified
complaint that is filed andserve-d. At any after the
expiration of the three -year period, the District may
cause ..the _...publication _ of notice once a week for two
successive weeks in a newspaper of general circulation.
The notice state the amount__of money, the fund in
..... _... ...... ...... :. :.:. : _ .:. -
which. it is held, __and_ that it is proposed that the money
will become the property of the District on a designated
- - -- — -----------------------------------------
date not less than forty -five days nor more than sixty
..... ...... -- -
days after the first _publi_cati_on o.f. the notice ..
...... .......... _..._.
FJ
B._. Upon or....,,.prio_r topub_l_ication of such notice, a_
party._. of interest may file a claim with the District's
Secretary which must include the claimant's -name, address,
- .... ..... .....
amount of...._.claim, the _grounds on which the claim -is.
. .....
founded, and any other information that may___be required by
the District. The claim shall be filed before the date
th_e__._ unclaimed money becomes the property of the District
h-- c..l..._ 1 t o =- r e- c i w ....... i -41
. .,: .1_43+ ...__as- _... provided . by
.. --
this Chapter and ._the _provisions of _Government Code section
50050 et sea. The District shall acceptor reject the
claim. If the claim is rejected, the party who submitted
t m the claim_ ay file a verified comp_laint seeking.__ to r_ecover
all, or a designated part, of the money in a court of
com_etent� urisdiction within_Contra Costa Count L and
...._. :._ ...—
_..
s_erve.__ the complaint and the _summons_ upon the Dis_tric_t .
within thirty days of receiving notice that the claim was
rejected. The treasurer shall withhold the release of the
...
portion of unclaimed money_ for which a___court action .__has.
... -
been filed.
Chapter 5.10
PERMIT ENFORCEMENT PROVISIONS AND REMEDIES
Sections:
5.10.010 Enforcement provisions and remedies
cumulative.
5.10.020 Failure to obtain sewer .._..._work permit-
Corrective order.
5.10.030 Nonconforming work under a
mr'ss_ewer__.work permit- Corrective
order.
5.10.040 District may correct work and collect
costs.
N
5.10.050 Collection of costs resulting from
violation.
5.10.010 Enforcement provisions and remedies cumulative.
The specific enforcement provisions and remedies with
respect to District permits issued for sewer work which
are provided for in this E:. r z;�1 t " ' - Chapter are
cumulative to any other enforcement provisions, penalties
and remedies which the District may have available under
any p +,g±enother provisions of this eedeCode or general
By choosing to use a particular enforcement
procedure, penalty or remedy, the District does not waive
the right to pursue any or all other enforcement
procedures, penalties and remedies allowed by this
c °e eC.o.de.. or general law. (Ord. 198 § 2(Exh. B(part)),
1996)
5.10.020 Failure to obtain sewer work permit— Corrective
order.
When a sewer work permit required by this
Chapter is not obtained, the District may order the
person in violation of the permit requirement to comply
with the permit procedure; to desist from further work; to
remove existing work; to disconnect from the District
collection system any sewer line constructed, excavated,
repaired, rebuilt, altered or reconstructed without the
necessary permit; and /or to expose completed work for
inspection. _ a:.. __
pl i —tern: if�4 - a-- may.._:..ei d ...:
at la . (Ord. 198 § 2(Exh. B(part)), 1996)
5.10.030 Nonconforming work under a f'
�3m
sewer work permit— Corrective order.
If the work performed or activity conducted under any
u p _ _ _. _. _ ,_sewer . work permit
violates any term of that permit or does not conform to
pertinent District e ceCode sections, rules, orders,
regulations or specifications, or if the permit holder
does not arrange for required District inspections, the
District may refuse to sign off on the work and may order
the permit holder and /or the current owner of the property
where the sewer which is the object of the work is
located, or both, to desist from further work, remove
existing work, disconnect from the District collection
system any sewer line constructed, excavated, repaired,
rebuilt, altered or reconstructed, expose completed work
for inspection, ai.id.
10
(Ord. 198 § 2(Exh. B(part)), 1996)
5.10.040 District may correct work and collect costs.
A. Collection of Costs Following Notice. If a
permit holder has in the determination of the District,
following notice of the violation pursuant to Section
1.08.010, failed to correct any work which does not
conform to the terms of the permit or to pertinent
DistrictC_od_e sections, rules, orders, regulations or
specifications within the time specified in the notice of
violation, the District may correct, or contract for the
correction of the work and recover the costs of the
correction directly from the permit holder pursuant to
Section -5-.- 7 .4{ 4.) .5.10 .050._._or from any responsible party,
as set forth in Section 1.08.100.
- - - -- -------- -- - - - - -- - -- B. District May Correct Without Notice in Any
Emergency. If in the opinion of the General Manager work
done in violation of the terms of a sewer work permit or
of this ee4eCode or other District rules, orders,
regulations or specifications creates an emergency
threatening the health or safety of the public or the
property, facilities or interests of the District, and
should, therefore, be corrected immediately, the District
may immediately undertake such emergency work and collect
the reasonable cost of the work directly from the permit
holder pursuant to Section 5..1 -0. 950- 5...._ 1. 0.._._._ 0..5.0or...._ from ....._ any
responsible .party,_ as set .._._._forth in.. ..... Section 1.08_.100_..__ Al_1_.
emergency corrective work shall be to the extent and
a
egree deemed__appropr %ate by the General Manager in his or
..._ ...... .........
her sole discretion for the purpose, of...... _ safeguarding ...._..publ_i_c.
health and safety. (Ord. 223 § 2(part), 2002; Ord. 198 §
2(Exh. B(part)), 1996)
5.10.050 Collection of costs resulting from violation.
Whenever a person fails to obtain a sewer work ermit
as required by Section 5.04.020, fails to notify the
District that work is beginning or the work performed or
activity conducted under a permit is ready for inspection
as required by Section 5.04.040, fails to pay fees or
charges, fails to comply with pertinent District ce�Co_de
sections, rules, orders, regulations and specifications,
or violates any term of any sewer work ... permit, the
District may recover, in addition to all other charges,
fees or penalties, an amount determined by the District to
defray the additional cost to the District of any
additional inspection, any necessary correction of any
11
work, any damage to District property or facilities, and
any other costs to the District which may result from the
violation. All costs and — penalties referenced herein may
...........
be recovered from any_ responsible party, as . set forth in
.
S.ect._on 1 08 _100....... (Ord. 198 § 2(Exh. B(part)), 1996)
Chapter 5.12
SUSPENSION OR REVOCATION OF SEWER WORK PERMITS AND
SUSPENSION OF CONTRACTOR REGISTRATIONS
Sections:
5.12.010 Suspension or revocation of sewer work
permits.
5.12.020 Procedure for sewer. ...._work .....permit
.
suspension- or revocation
5 _.._1.2....0.3 Q_ -- _C ont r ac to r....._r_e.g _s_t_ra t_i_on...._and.....procedure for
suspension of contractor recristration.
5.12.010 Suspension or revocation of sewer work permits.
The l 'Dis_tri_c_t may suspend and,'or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BeaEd n revoke any sewer work permit if the permit
holder fails or refuses to comply with each provision of
the permit, pertinent provisions of this �C_ode., the
specifications, rules and regulations of the District, the
orders of District staff, or pertinent rules and
regulations of a federal or state agency: - __ortopay any
sewer. work ._ permit-related ._..._fee_,._.._._charge or financial
obligation (e.g., inspection fees). Nothin�c in this
:.: .... . ... --
Section shall be interpreted as creating or imposing any
_ .
duty__upon the to ensure that sewer work permit .
holders comply with state worksite safety laws.
Nonetheless, to he.__ extent _that District ._staff observes
...... t
any safety violations..,... the District shall have the right
to refuse inspection or revoke or suspend a permit and
notify the Division of Safety ....._and .._Health,
._
State. of _California, or any other appropria_te agency.
(Ord. 223 § 2(part), 2002; Ord. 198 § 2(Exh. B(part)),
1996: prior code § 10 -301)
5.12.020 Procedure for sewer _work ..permit suspension.... or
ve-
4,
trE� hearing. �T- �s�rr�-s- °-- rr��- :'s's'Yrt � -'rs3� .._.._r.�;_a -� � _._;,t',.... _...r�zt-•-rXwE�" =f=
....t om %-- yr --e -'3 c? f?23- i ... erkE' _ icczz j`:.......�{..f'vroe47v-
e"17 hecar-inff shall. 1--
ef
n
....._C A ...... _.._..... wo...
permit holder may appeal the
suq ension or revocation of a -permit to the Board after
the issuance of a_final staff decision pursuant to the
procedures of Chapter 1.16_.
13
5.12.030 Contractor rectistration and -procedure for
. . . . . . . . . ........
suspension of contractor registration.
A. In ordertoapplyfor a sewer work-permijt, a
..........
contractor must demonstrate its possession.o.f.appropriate
contractor . . .. .................. .... .. appropriate
.... . ......
..................... ..... ... ...................
licenses and register with the District.
B. In addition -to-o-r ---- separate from thesusRension
or revocation of a sewer work Dermit under Section
5. 12.._ 020, the District may also suspend a contractor's
District registration preventing the issuance of future
sewer work permits durincr the period of s
supension of the
........ .....
... .. .... .
contractor's registration. Grounds for the suspension of
... ... ..... .
District regist-rations shall include, but- not-be lim-it.e-d
tounwillingness, inability or refusal to comply with the
.-I.-I ................ ....................... I ............... . ................
provisions of this Code, the Standard Specifications or
other District, state or federal rules, regulations or
procedures or to Day anv sewer work -permit-related fee,
............. . ...... --- . .................... .............. . .................... ............ ........... I ............................... I
charge or financial obligation 9 (Q. f
. L inspection ees)
.......... � -- � 1 fees)__..
.. .. . ...
...
Such an accumulation of violations could also include, but
not be limited to violations of this Title 5, receipt of
................................ - ........... ............................. ................ ..................... ..............
notices of violation, damage to District facilities,...
..... .... ... ... ........
..............
failures to obtain appropriate inspections, non-compliance
with standard specification requirements and failures to
--- ............... ---- ........... . . -- .................. ............. --- ......................... ........................... ............. .......... .......... -- ................. ...... .....
promptly correct poor workmanship The duration of a
. . . .......... ....... duration ............ . ..... .
.....................
suspension of a District registration shall not exceed two
(2) years. Reinstatement of a contractor's registration
......... . ...... .............................. I ............... -
shall at minimum be continqent uT)on verification of
............ . . . ......... . ......
correction of all substandard work, the payment of any
outstanding fees, -penalties, costs of corrections and
..................................... ....................................... . ......................................................................... ...............
other costs imposed under this Code.
C. Prior to suspension of a contractor's
registration, District staff shall give written notice of
the __grounds for the susDension and the effective date of
the suspension. All notices shall provide a minimum of
ten business days to respond to the stated grounds for
suspension and shall be served in the manner prescribed by
Section 1.12.020. At staff's discretion, a notice of
suspension of a contractor's District registration may be
combined with a notice of suspension or revocation of a
.............. . ........................... ............................... ........... ...... ......
sewer work permit.
D. A sewer work permit holder may appeal the
suspension of a contractor's District—reQistrat.ion after
............. .................... ........... ..................................... . .............. ................................ ....................... ............ - .................... ---- .......... ..
the issuance of a final staff decision pursuant to the
procedures of --- Chapter 1.16. —
Chapter 5.16
14
SEWER IMPROVEMENT AGREEMENTS
Sections:
5.16.010 Requirement for agreement and security.
5.16.020 Agreement form.
5.16.030 See-i4- ^__Form of security.
5.16.040 Disposition of security in the form of
cash or check deposit.
5.16.050 Condition for release of security.
0 6 95._..._1.6._. 0.50 __ Notice of requirement.
...... ..................
5.16.070 Effective date and e r� _F_4e- iac_ceptance.
date.
5.16.080 Actions against security.
5.16.090 Reduction of security.
5.16.100 Return of security.
5._16_.110 Unclaimed Security.
5.16.010 Requirement for agreement and security.
A. Findings and Declaration of Purpose. The Board
finds that lea . property owner Y....
aqent-
P se king to install new public sewer z:•`: ' ^r
fRentes facilities to serve aiid. , ea xe his /her
property mid-stshall provide appropriate_ assurance that,
e the work is s�; - -?gal b- diligently
- pursued to p _ __f ryd completion. The f,eate r
..r-±i Board further finds there is a need for sewer
improvement a� agreements and accompanying pr_o.j e_c_t
security as pre- ii b - ,-�,;. ha lle Y 1', to assure the
�. .�..
., ra , -. ,a „ ,
District n �� -��.� z 1�1 = =x does not become responsible.
for completion of.._.._... sewers _._in private developments and to
free-- - mower- ._s"y-_,+�indemni.f. the District from .._liability
arising from construction of new facilities by..private
parties- . The and are also
needed to__ assure new public sewer f_acil-i.ties are
constructed in accordance with plans and specifications
for the work as reviewed by the District.
B. Beep: Submittal for Proposed Public
Sewer Facilities. The eip- er— cif =L=h property �o be s d
:. owner that undertakes the private work
_._..._.
of P4-ann-i -I+Et ma-1,14- installing new public sewer facilities or
his /her properly authorized agent shall execute an em's
.... _. _.
Owner' s Sewer _Im rov_ement
Agreement_ and deposit security with the District in the
................_...._.__... _._............_............. :.
amount and in one of the forms required by Section
15
5.16.030 for each se-pafate-project -1--11-A. The District
_p - -L,- 771
may require documentation properly demonstrating agency
authority before accepting the ef at-i a.E The
e�ffi,ei shall depesit an e�c-eeu.ted. fer-ffl anel
e-�-£--'i±r t-y-wi-t-han.in�provement acrreement or securitv from an
........... ...... ..... . . ...... __ ..........
agent for the owner. The Owner's Sewer Improvement
Acrreement and project security, must be legally executed
must
submitted to the District before any contractor's
permit for the work can be issued.
C. F, eei:itien and Submittal for Proposed Private
Sewer Facilities. The owner of the property to be served
by and ininder-taking, 'Ehe pr-iu�:ate wer-k
4 S t _.
new commonly used -private sewer facilities,
such as private site collector systems-, serving more than
one building er in an apartment
or his/her properly authorized agent,-
shall execute an ' ,ss- we
i:�Lgic�,.,efftenl'-Owner's Sewer Improvement Agreement for each
,ap�_.--t-esuch project prepesed. The District may require
.......................
proper documentation pfepeEly-demonstrating agency before
accepting the signature of an agent. The owner shall
deposit aproperjy executed improvement agreement feii�l
............. ...... ....... ..... ...
with the District before rti- -contractor's or owner' - s
permit for the work can be issued. No security is required
for the abeve fiieii-lienedissuance of permits for private
....... . ......................... -.1 .. . .......... . ...........
sewer facilities. (Ord. 198 § 2(Exh. B(part)), 1996: Ord.
116 (part), 1976: prior code § 10-501)
5.16.020 Agreement form.
The General Manager twill_ prescribe the form of the
e Wf F, -sew Sewer
Improvement Agreement. (Ord. 223 § 2(part), 2002; Ord. 198
§ 2(Exh. B(part)), 1996: Ord. 166 (part), 1976: prior code
§ 10-502)
5.16.030
Form of security.
A. The form of the security for the work shall be a
bond written by a surety admitted to write bonds within
the State of California, u :nless he afReaiit of the seet.±±4t�y
i-s fifty dellais ei less,
s-t, --.... -cash ,
cashier's check, ems- certificate of deposit or irrevocable
letter of credit from an institution and in a form
� .................. ... .......... I ........... ............................. . ...... ...... ..... ..
acceptable to the District.
B. Security for performance of the terms of the
agreement shall be in the amount of one hundred percent of
the estimated or bid cost of all work which
M
5.16.040 Disposition of security in the form of cash or
check deposit.
The District shall place cash or cashier's checks
deposited as security in a t- E= project security account.
The District shall give the depositor a receipt for such
deposit. si t is e z - -e as..._
14, Interest
shall accrue monthly on a cash or check deposit at the
average monthly rate of the Local_ Agency Investment
(Ord. 198 § 2(Exh. B(part)), 1996: Ord. 116 (part), 1976:
prior code § 10 -504)
5.16.050 Condition for release of security.
AAs a condition for release of the security - -i--,- ,_
the owner shall comply with each term of the _.
_. _.. .Owner's _Sewer___Improvement _Agreement,
...... .... ........: ......... __ ....:.....
all terms and conditions of any applicable District
permit, all applicable provisions of the District Code
and all applicable laws, rules, regulations, orders and
specifications of the District and of 1_ o_c_a_l_......._. .... federal and
state agencies. The security shall guarantee the owner's
faithful performance of the agreement, the diligent
completion of the construction of the sewer improvements
in accordance with plans and specifications reviewed by
the District, and the correction of faulty workmanship and
the replacement of defective materials for a period of one
year after the work is determined by the General Manager
his4ier designat-e to be satisfactorily completed and
the work is finally accepted. T4i-eI._f deemed appropriate ...........
District staff, the security shall also guarantee the
payment of all sums and amounts due persons performing
and /or furnishing labor and materials for the construction
of the work. (Ord. 223 § 2(part), 2002; Ord. 198 § 2(Exh.
B(part)), 1996: Ord. 116 (part), 1976: prior code § 10-
505)
5.16.060 Notice of requirement.
District staff shall advise owners of the requirement
for the owner's sewer improvement agreement and security
17
in writing after plans for the work have been received by
the District for preliminary plan review. (Ord. 198 §
2(Exh. B(part)), 1996: Ord. 116 (part), 1976: prior code §
10 -506)
5.16.070 Effective date and ecp e- E-- ie7naccep_tan_c_e date.
A. Effective Date. The E '
Owner' s Sewer shall become
:.
effective on the date set forth as the "effective date" on
the agreement form.
B. Gellip? eti Ac_cep_tanc_e. Date. The date all work
required by the provisions of the District's standard
specifications and this eedeCode is completed, inspected,
and f—i 1H �- accepted by the District in writing shall be
the =acceptance . date of the sewer
improvements. p___ - __ On
C. District District staff shall notify the owner in writing
of the work's completion and final acceptance and the date
the one -year guarantee period thereafter shall begin.
(Ord. 198 § 2(Exh. B(part)), 1996: Ord. 116 (part), 1976:
prior code § 10 -507)
5.16.080 Actions against security.
If the owner or the owner's contractor fails to
satisfactorily complete the work by the estimated
completion date as set forth in the
. flip .. aE - Owner's_Sewer Improvement A - -r- eement,
–
or if the owner fails to correct defects during the one -
year guarantee period, or if the owner otherwise violates
any term of the ': _ Owner's
Sewer_ Improvement Agreement and the General Manager so
.._..... ......... ........: -
determines, the General Manager may declare a forfeiture
or partial forfeiture of the security in such amount as
may be determined necessary to complete or correct the
work or remedy the violation. Action against the owner's
security shall be processed by District staff with the
assistance of District's legal counsel. By entering into
an ewe _ ' _= cOwner._' s _Sewer
Improvement Agreement, whether by his /her signature or
that of an agent, the owner is deemed to have waived any
refremeat.r_..ght of prior notice as a prerequisite to the
District claiming or proceeding against the owner's
security.
18
m+-t-t-_Nonetheless, sol.ely for the_ purpos_eo_f
administrative appeal under this Code,_the affected owner
shall be notified in writing by District staff of any such
claim against his /her security at least ten days prior to
the commencement of �- action against the security in
accordance with Section 1.08.010. The affected owner shall
have the right to request consideration by the Board of
Directors regarding any s � -claim against his /her
security in the manner provided by this #:fj- _.Code for Board
consideration of staff decisions. The District may, in
addition to the mechanisms set forth in this Section, take
any such additional legal action as it may deem
appropriate against the owner and /or against all other
responsible persons or entities. (Ord. 223 § 2(part),
2002; Ord. 198 § 2(Exh. B(part)), 1996: Ord. 116 (part),
1976: prior code § 10 -508)
5.16.090 Reduction of security.
A. The General Manager may reduce the amount of the
security during the progress of the work if the General
Manager deems such reduction is justified and warranted.
The determination as to whether the security shall be
reduced and to what extent it shall be reduced remains in
the discretion of the District.
B. Upon completion of the work as provided for in
Section 5.16.070 and providing no claims or actions have
been taken against the security as provided for in Section
5.16.080, the security may be reduced to an amount not
less than tenfive percent of the original amount. The
determination as to whether the security shall be reduced
and to what extent it shall be reduced remains in the
discretion of the District. (Ord. 223 § 2(part), 2002;
Ord. 198 § 2(Exh. B(part)), 1996: Ord. 116 (part), 1976:
prior code § 10 -509)
5.16.100 Return of security.
Upon expiration of the one-year warranty period after
acceptance, providing no forfeiture or partial forfeiture
of the security has been declared, and no claims nor
actions against the security are outstanding, and no
faulty workmanship or defective materials are observed,
the remaining security shall be returned to the owner.
(Amended by Ord. 198 § 2(Exh. B(part)), 1996)
19
B?STR.!GT MkSmNG
0.29,9A Assesser Numbers
17?
2q9 97, 17?
254-4-47-1
IS9 140 SI,
lS9 14G
52 Findings
and
5.20,020 Assesses Numbers
171
27G GY, V?
2"K�-04-7
159 14G SI, 159 14G 52 AstherWa.
S.20.010 Assessor Numbers lqq 299 Qq, M 2RO Gq, 159
21�9 149 52 .0
. . .... . . ........ . . .... --.- . _f_.._ E...�._.. .........
A. The Beard—ef- sspery± sets finds
is the ewner at eentain real preperty deseribed, as
fellows-t-
i. Upper level at the building and applieable
parking area at 1259 Springbreek Read, Walnut Greek—,
Galifernia, Assesser's Numbers IM 25G 97 and lq7 712,40-44-1
2. Pareel G.I., leeated between Graysen Gr(
Walnut Greek and Highway 4 and se:uth ef - Tff.f
Assesser's Number 159 14G 51, eensisting ef
Pareel G.2., at perVen thereat, between Graysen:
--d. neyth at !mhefQ—Bn?ve
Greek and Walnut
9 140 52,
seven aeoo�.&-.
B. After publieavien at neviee pursuant te SeeMen.
A I no 11 -4 —hieh time the heard afferded all persens
present an eppertunity te be heard with respeet te ttWle
e s
C-. At the eenelusien at that hearing, the Beard did
and Wes find that the subjeet preperhy is net presonST
-Kee-t-
interests at the Distriet and the users ef its sanit y,
sewer system that the Distfiet lease said preperty. (Gfd.
. . ..... ...
•
20
r'al 4
--e r a t Len—wi- n 444i- c�_
Unclaimed Security.
...........
In the event that the District is unable to return a
security or identify the party which is lawfully entitled
to it, an unclaimed securitv mav be transferred to the
... .... . .... .............
District's general fund upon compliance with the unclaimed
................................................. . ............................................... . ...................
-property procedures set forth in Section 5.08.030 of this
Code and Government Code section 50050 et sea. For
.... . . . ... . ....
purposes of compliance with such proc.e..du re s. .................. the three..... -..
year holding period shall_ begin upon the end --- of the one--
year warranty period for a sewer work.
I ............... - ..................... ........................................ .............. I ...............
'787153.17
21
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
September 4, 2008
Board Meeting Date: Altgd9t-7; 72ie8- No.:
6.a. Items Held Over From Previous
Type of Action: HUMAN RESOURCES Board Meetings
subject: ADOPT DISTRICT SALARY SURVEY FOR EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES' UNION, LOCAL ONE, AND GENERAL MANAGER
RECOMMENDATIONS
Submitted By: C. Freitas, Human Initiating Dept./Div.: Administration /Human
Resources Manager Resources
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
bV-_ Air
C. Freitas P/MlAraves James M. K y,
General Man er
ISSUE: Per the Memorandum of Understanding between CCCSD and the Employees'
Association, Public Employees' Union, Local One, July 8, 2003 through April 17, 2009,
a "salary survey (was) performed in the fifth year of the agreement, to be implemented
according to the Board's direction in (the) sixth year of (the) agreement." The Board has
previously received the survey with the General Manager's recommendations, as well
as a document from the Employees' Association requesting additional considerations.
Staff requests Board direction regarding implementation of the survey.
RECOMMENDATION: Staff recommends the Board adopt the salary survey prepared
by Casey and Associates and the General Manager's recommendations, and direct
staff to implement the proposed salary adjustments on August 18, 2008, the first day of
the next payroll.
FINANCIAL IMPACTS: The financial impact is approximately $750,000 in salaries and
benefits for seventy percent of the Employees' Association bargaining unit and ten
percent of the Management Support/Bargaining Unit.
ALTERNATIVES /CONSIDERATIONS: Postpone implementation until M.O.U.
negotiations next year, or direct staff to continue meeting with the Local One bargaining
unit until agreement is reached on the salary survey.
BACKGROUND: At its meeting of September 20, 2007, the Board directed staff to meet
with the Employees' Association on the salary survey in accordance with the M.O.U. Local
One President David Rolley requested that the actual survey of agencies not take place until
January 2008 in order for all neighboring agencies in the survey to have completed their
2007 negotiations. The District agreed, hired Chris Casey of Casey and Associates to
conduct the survey, and worked with the bargaining unit employees to update their job
classification descriptions in preparation for the survey in January 2008.
Document2
POSITION PAPER
Board Meeting Date: August-7 -2fla&
September 4, 2008 Items Held Over From Previous Board Meetings
subject. ADOPT DISTRICT SALARY SURVEY FOR EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES' UNION, LOCAL ONE, AND GENERAL MANAGER
RECOMMENDATIONS
Staff explained to the Union that the District's consultant would be using the survey
parameters established in the MS /CG salary survey conducted in 2005: use of the median
instead of the mean and positions must be five percent or more below the median to be
considered below market. The Union did not agree to these parameters, but acknowledged
that Ms. Casey should begin collecting salary data in January 2008. The survey results were
reviewed by the Salary Survey Committee, comprised of three Local One representatives,
and three District representatives, prior to the end of the fifth year of the labor agreement in
early April 2008. On April 8, 2008, Local One notified the District that they were engaging
their own salary survey consultant. Comparisons were made and results re- checked by the
consultants. Ultimately, Ms. Casey issued her final salary survey to the Salary Survey
Committee and General Manager in June 2008. The Union wrote a response to the General
Manager for his consideration prior to the General Manager developing his
recommendations to the Board.
In reviewing the General Manager's recommendations (see attached), the Union
agreed to the modified job classification descriptions, various title changes requested by
the employees, a trainer differential for the Vehicle and Equipment Service Worker,
changes for positions where there was agreement, and the General Manager's
proposal to round the salaries for several classifications to the next highest salary
range. At the last meeting of the Salary Survey Committee, the Union proposed a
package (all or nothing) changing the parameters of the survey to the following:
All positions 2.5% below median would receive salary increases;
Rounding would occur to the nearest step rather than rounded down to the
nearest step;
The Union consultant's survey results would be adopted, instead of the Casey
survey results.
The Union's proposed package would include fifty -seven individuals receiving raises
that were not qualified for raises under the Casey survey or a number of individuals
receiving higher raises than the Casey survey recommended. The cost of this proposal
is $1,050,000 in additional salaries and benefits.
The Union's proposal was reviewed with the Board's Human Resources Committee on
July 30, 2008. The Committee expressed its serious concern about moving forward
without Union agreement or the Union's recognition of the generous benefits associated
with the General Manager's recommendations, which would provide increased
compensation to almost seventy percent of the Local One bargaining unit and is eleven
percent greater than the District consultant's recommendations.
CADocuments and Settings \cfreitas \My Documents \sal sury ppr 8- 1- 08.doc
POSITION PAPER
Board Meeting Date: *dgttst-7-, 2$08
September 4, 2008 Items Held Over From Previous Board Meetings
subject. ADOPT DISTRICT SALARY SURVEY FOR EMPLOYEES' ASSOCIATION,
PUBLIC EMPLOYEES' UNION, LOCAL ONE, AND GENERAL MANAGER
RECOMMENDATIONS
RECOMMENDED BOARD ACTION: Staff recommends the Board adopt the salary
survey prepared by Casey and Associates and the General Manager's
recommendations, and direct staff to implement the proposed salary adjustments on
August 18, 2008, the first day of the next payroll.
C:\Documents and Settings \cfreitas\My Documents\sal sury ppr 8- 1- 08.doc
Central Contra Costa Sanitary District
FACT SHEET ON GENERAL MANAGER RECOMMENDATIONS
1.) Accept the District consultant's Salary Survey and modified job classification
descriptions
2.) Adopt the methodology used in the MS /CG Salary Survey
3.) If a position is within 0.5% of the next highest step, round up to nearest step
4.) Due to internal equity, approve the following:
• 7 MS /CG secretarial support reclassifications at an additional salary cost
of $45,000.
• 2 Pumping Stations Supervisors increase by 5% at a cost in salaries of
$9,000.
5.) Vehicle and Equipment Service Worker differential for Class A driver's training at
a cost in salary of $2500.
6.) Public Information and Production Assistant 1/11—This position is significantly
below the market. I am recommending an initial four -range increase from G60 to
G64, which is ten percent more than the current salary, and when the top step of
G64 is reached, the incumbent would be moved to G70, C -step.
7.) Various adjustments due to rounding up:
• 7 Engineering Technician I, 11, III's would go from 4.9% to 5%
• 1 Graphics Technician would go from 4.9% to 5%
• 6 Source Control Inspectors and 2 Senior Source Control Inspectors from
9.5% to 10%
• 2 Vehicle and Equipment Mechanics from 7.3% to 7.5%
• 1 Vehicle and Equipment Service Worker from 7.3% to 7.5%
For a total of additional increases to 19 individuals.
8.) Change titles in bargaining unit:
• 6 Source Control Inspectors to Environmental Compliance Inspectors and 2
Senior Source Control Inspectors to Senior Environmental Compliance
Inspectors
• 4 Engineering Assistant III's to Construction Inspectors
1 Engineering Assistant III to Right -of -Way Agent
• 2 Senior Engineering Assistants to Senior Right -of -Way Agents
• 6 Secretaries to Administrative Assistants and
• 3 Maintenance Coordinators to Office Assistants.
These recommendations would have the following effects:
160 positions are in the Local One Bargaining Unit. 101 positions, or 63% of the Local
One bargaining unit, are recommended by the consultant for adjustment.
108 positions, or 68% of the Local One bargaining unit, is recommended by the General
Manager for adjustment.
91 positions are in the MS /CG Bargaining Unit. 9 positions, or 10% of the MS /CG
bargaining unit, are recommended for adjustment --7 secretarial support and 2 Pumping
Station Supervisors.
1
Central Contra Costa Sanitary District
REQUEST TO ADDRESS THE BOARD
Name:
Address:
(optional)
Telephone:
(optional)
Do you represent an organization? Al YES ❑ NO
Name of org nization: 10 �i�, 1,0c-ex` L 74&
❑ FOR � AGAINST
Agenda Item number and letter
Date: `tom y'-or
(SEE REVERSE SIDE FOR INSTRUCTION)
1309A -5/99
Central Contra Costa Sanitary District
REQUEST TO ADDRESS THE BOARD
1
Name: r'C� 0/2Av A- a' D G `z
Address: _
(optional)
Telephone:
(optional)
Do you represent an organization?
BYES ❑ NO
Name of organization: - o C 4 L 0 N F
N O . 6 ❑ FOR AGAINST
Agenda Item number and /elver
Date: q II t
0
(SEE REVERSE SIDE FOR INSTRUCTION)
1309A -5/99
Ay "A l w "-L- -;7-. a_ 1
Central Contra Costa Sanitary District
September 4, 2008
TO: HONORABLE MEMBERS OF THE BOARD
FROM: JAMES M. KELLY, GENERAL MANAGER
SUBJECT: BOARD MEMBER STIPENDS
Staff will present a resolution for consideration at the September 18, 2008 Board
meeting in regards to stipends. Board Members may only receive the stipend ($221 per
meeting) for up to six meetings per calendar month.
Currently, the meetings for which Board Members receive stipends are listed in
Resolution 2007 -105 (attached). The resolution states that Board Members will receive
the stipend for attendance at the following:
• Board Meetings
• Standing Committee Meetings (Ad Hoc if approved separately by full Board)
• Board Liaison Related Meetings with Cities and County
• Contra Costa Special Districts Association Meetings (4 per year)
• Friends of the San Francisco Estuary Meetings
• Sanitation and Water Agencies of Contra Costa County Meetings
• California Special District Association Annual Conference ($221 for each day's
attendance)
• California Association of Sanitation Agencies Executive Board Meetings (if Board
Member elected)
Board Members indicated a desire to review the slate of meetings for which the stipends
are paid and method of approval (i.e. blanket approval through listing meetings in
resolution, or Board approval on an individual basis requested in advance of the
meeting).
A questionnaire is attached for your consideration. The Secretary of the District will
contact you to obtain your input; the results will be used to prepare a draft resolution for
Board consideration on September 18tH
Based on a Board update at the July 17th meeting, staff has assumed it is settled Board
policy to pay stipends for Board meetings and standing committee meetings. We have
attached a table which summarizes the meetings for which Board Members received
stipends in 2007; as shown on this table, most of the meeting stipends were for Board
or Committee meetings.
Other matters to consider:
1) Should Board Member attendance at other organization meetings be eligible for a
stipend, such as LAFCO, Solid Waste Authority, or other meetings representing the
District?
2) Should notice be provided to the full Board and public to the extent practical before
the meeting? If so, how (e.g. announcement by Board Member, written
announcement by General Manager, etc.)?
3) Should the Board President receive the stipend when representing District at public
meetings?
The resolution will also authorize reimbursement of attendance of meetings that are
related to District business and are of benefit to the District, such as Contra Costa
Council meetings, Contra Costa Mayors' Conference meetings, etc.
cc: Elaine Boehme, Secretary of the District
JMK:slc
RESOLUTION NO. 2007- 205
A RESOLUTION SETTING FORTH PROCEDURES FOR APPOINTMENT TO AND
ESTABLISHMENT OF BOARD COMMITTEES AND MEETING COMPENSATION
REQUIREMENTS FOR BOARD MEMBERS
WHEREAS, Section 6489 of the California Health and Safety Code provides that
compensation be paid to Board Members for each day's attendance at meetings of the
Board or for each day's service rendered as a Director by request of the Board; and
WHEREAS, in accordance with the Health and Safety Code and the California
Water Code Sections 20200 et seq., Ordinance 241 was adopted on February 15, 2006,
setting the Board compensation at $221 per approved meeting, not to exceed more
than one meeting per day and six meetings per calendar month; and
WHEREAS, in accordance with Section 2.04.020 of the District Code, when the
Board considers it necessary for the efficient transaction of business, it may approve the
creation of a committee for the purpose of reviewing, investigating, and recommending
with reference to a particular matter; and the President shall appoint the members of
said committee and shall have the authority to appoint an ad hoc committee or
representative to similarly act pending a Board Meeting; and
WHEREAS, the President may name an alternate to serve in the absence of an
appointed Committee Member or District representative, and such alternate shall
receive the compensation previously set forth; and
WHEREAS, the Board has deemed it necessary for the efficient operation of the
District to appoint Board Members to represent the District on various commissions,
committees and joint powers authorities, and to act as liaisons to cities and the County;
and
WHEREAS, in accordance with AB 1234 and to encourage participation and
attendance at conferences and organizations which serve the interests of and provide
benefit to the District, the Board has determined that Board Members may be
compensated for each day's attendance at conferences and meetings listed below; and
WHEREAS, compensation may be approved for attendance at a meeting or
conference not listed in this Resolution if approved in advance by the Board; and
WHEREAS, travel days to and from meetings or conferences are not
compensable.
NOW, THEREFORE, BE IT RESOLVED, that the President of the Board of
Directors shall appoint Board Members to the following standing committees:
Resolution No. 2007 -105
Page 2 of 3
Budget and Finance Committee
Capital Projects Committee
Human Resources Committee
Outreach Committee
Recycled Water Committee
Household Hazardous Waste Committee
Real Estate Committee
BE IT FURTHER RESOLVED, that the President of the Board of Directors shall
appoint or confirm Board Members to represent the District as follows:
Board Liaison to Cities and County
California Special Districts Association — Contra Costa Chapter
Friends of the San Francisco Estuary
Sanitation and Water Agencies of Contra Costa County
BE IT FURTHER RESOLVED, that, in addition to the above, members of the
Board of Directors shall be compensated at the current compensation rate for each
day's attendance at the following meetings and conferences:
Meetings of the California Association of Sanitation Agencies (CASA) Executive
Board, if serving as a member of the Executive Board;
California Special Districts Association Conferences
BE IT FURTHER RESOLVED, that meeting attendance slips for Board Members
for the meetings listed above and for regular Board Meetings shall be approved by the
Board President or, in his or her absence, the President Pro Tem. Meeting attendance
slips for the Board President shall be approved by the President Pro Tem, or, in his or
her absence, a Board Member designee.
PASSED AND ADOPTED this 9th day of August, 2007, by the following vote:
AYES: Members: Hockett, Lucey, McGill, Menesini, Nejedly
NOES: Members: None
ABSTAIN: Members: None
Resolution No. 2007- 105
Page 3 of 3
G.
Presid of the District BoW of the
Centfal Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra
Costa, State of California
Approved as to Form: zoj-"� �Z� (a t
K56-ton L. Alm
District Counsel
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Agenda Item 7.a.2)
Board Meeting of September 4, 2008
Written Announcements:
a)
Claims Updates
Caltrans Claim
The Victims Compensation and Government Claims Board voted on
August 26, 2008 to accept the Lancaster Road claim against CalTrans for
$122,713.76. The District received a letter confirming the vote. CalTrans
will be forwarding a release to the District. According to the claims board
staff, CalTrans has 30 days from receipt of the signed release to issue the
check.
Conferences/Trainings /Staff Away from the District
b) Chicago, Illinois Water Environmental Federation Technical
Education Conference (WEFTEC) Attendance
Eight District employees plan to attend the WEFTEC in Chicago, Illinois
from October 18 through October 22, 2008. This is the premier
wastewater conference and equipment show in the world. This year's
conference includes several sessions related to biological nutrient removal
control, impacts of national green house gas legislation, plant energy
management, and innovative technology for nitrification /denitrification.
Attendance at this conference was approved in the 2008 -09 Technical
Training and Conference budget.
c) District Staff to Witness Equipment Test Out of State
Senior Control Systems Engineer Garth Williams will be traveling out of
state to witness flow laboratory calibration and testing of the venturi meter
to be installed as part of the A -Line Relief Interceptor project. The meter
manufacturer, Wyatt Engineering LLC, will pay the travel and lodging
costs. The testing will occur in Massachusetts or Utah. The testing will
occur at the first laboratory available in mid -to -late September.
Awards /Appointments
d) Ann Farrell Appointed to WEF Research Council
Director of Engineering Ann Farrell has been appointed to the Water
Environment Research Foundation's (WERF) Research Council for a
three -year term beginning January 1, 2009 and continuing through
December 31, 2011 (see attached letter). WERF is the wastewater
industry's think tank, where original peer reviewed research is conducted
to meet the needs of the wastewater community. The Research Council
provides oversight and coordination of WERF's research program to
ensure that the research is of benefit to the subscribers and meets the
needs of the utilities. The WERF Board particularly wanted to ensure that
there is a balance of utility representatives and academic representatives.
Ms. Farrell's participation will be of benefit by keeping the District advised
of cutting edge work being done by WERF.
General Updates /Follow -up
e) Former Employee Employed as Temporary Inspector
Scott Kahlor worked as a Development Construction Inspector for the
District from May 2003 to January 2005, before taking a position with a
construction company in Sacramento. Mr. Kahlor will be returning to the
District as a temporary construction inspector for the next six months
because of increased workload related to several sewer construction
projects.
Headquarters Office Building Parking Lot Closure Update
Due to storm drain construction, the HOB South Parking Lot will remain
closed until Tuesday, September 2, 2008. Construction work will continue
in the handicap and visitor parking slots of the HOB lot until September
12, 2008, and during this time, designated visitor and handicap parking
will remain across the street in the Annex parking lot. Use caution while
driving or walking near the construction areas. Alternative parking is
available in the Plant Operations Department parking lot, the Household
Hazardous Waste Collection Facility lot, along the street curb, and on the
frontage road (access closes at 7 p.m.). Plant personnel may park on the
plant site. Refer questions to Associate Engineer Munawar Husain.
g) Board Room Upgrades Status
District staff has been working to upgrade the Board room window shades
and to provide an additional viewing screen for the public. Staff has
ordered shades for the Board room and a viewing screen has also been
ordered. The testing of material and the six week per order time frame
has accounted for delays. The September 18, 2008 Board meeting would
be the earliest implementation and the October 2, 2008 Board meeting
would be the latest.
Agenda Item 7.a.2)
Board Meeting of September 4, 2008
Additional Written Announcements:
General Updates /Follow -up
h) Natural Gas Update
Hurricane Gustav did not significantly impact the oil and gas - producing
region in the Gulf of Mexico. As a result, natural gas prices dropped, and
staff pre - purchased 1,000 decatherms per day of natural gas for the
period of July through December 2009 at a price of $8.89 per decatherm.
This is the first gas purchase for fiscal year 2009 — 2010. Natural gas has
been pre - purchased for fiscal year 2008 — 2009 at $9.97 per decatherm,
which is below budget.
I) Vandalism and Theft of Occhicone Landscape Equipment
Trailer
There was a break -in on the Treatment Plant Site in the early morning of
September 4, 2008. An equipment trailer owned by the District's
Landscape contractor was broken into. The door was pried open and
several large tools were stolen. The tools were transported to a gate on
the east side of the treatment plant using a golf cart owned by Occhicone.
The Contra Costa Sheriffs Department was called, and an officer
responded to investigate. Their report will be available in a couple of
weeks. The fence and locks have been repaired /replaced, and our
security procedures are being reviewed.
� W E R F RECENEb
AUG 2 5 2008
Water Environment Research Foundation
Collaboration. Innovation. Results. CCCSC tl'4V!hUl M.LN IHL. SERVICES
Chair
August 20, 2008
Dennis M. Diemer
It is our pleasure to welcome you to the Water Environment Research Foundation's
East Bay Municipal Utility
Research Council. Our Board of Directors approved your appointment to serve a
District
Ms. Ann Farrell
Oakland, CA
Director of Engineering
Vice -Chair
Central Contra Costa Sanitary District
Alan H. r
5019 Imhoff Place
Valley
Ohio River Valley y Water
as a member of the WERF Research Council and trust that you and your
Sanitation Commission
Martinez, CA 94553 -4392
Cincinnati, OH
, Cl)
635 Slaters Lane, Suite 300
Alexandria, VA 22314 -1177
Tel: 703 - 684 -2470
Fax: 703- 299 -0742
Email: werf @werf.org
www.werf.org
Secretary
Dear Ann,
William J. Bertera
continuity of WERF's research program is crucial to two of WERF's primary goals:
Water Environment Federation
Alexandria, VA
It is our pleasure to welcome you to the Water Environment Research Foundation's
Whitehouse Station, NJ
Research Council. Our Board of Directors approved your appointment to serve a
Treasurer
James M. Tarpy, J.D.
three -year term, beginning on January 1, 2009 and continuing through December 31,
Metro Water Services
2011. At that time, you will be eligible for nomination to a second three -year term.
Nashville, TN
We recognize that our success is very dependent upon the dedication of volunteers
Patricia J. Anderson
The Research Council's work in providing the oversight, coordination, and
City of St. Petersburg
St. Petersburg, FL
continuity of WERF's research program is crucial to two of WERF's primary goals:
Mary E. Ph. D.
Merck & Company Inc.
Com
• to generate research which is of highest importance to WERF subscribers
Whitehouse Station, NJ
and is used widely for water quality, policy, and management decisions; and
Mohamed F. Dahab, Ph.D.
. to define the future, and conduct the research to meet it.
University of Nebraska
Lincoln, NE
We recognize that our success is very dependent upon the dedication of volunteers
William P. Dee
Malcolm Pirnie, Inc.
who donate their time and expertise. We are looking forward to your contribution
White Plains, NY
as a member of the WERF Research Council and trust that you and your
Charles N. Haas, Ph.D.
organization will also realize benefits from your participation.
Drexel University
Philadelphia, PA
You will be contacted by Dan Woltering, WERF's Director of Research, who will set
Jerry N. Johnson
up an orientation to the Council and help you to define your role. If you are
District of Columbia Water
& Sewer Authority
planning to attend WEFTEC.08 in Chicago in October, please plan to join us for the
P 9 9 P J
Washington, DC
Board — Council dinner on Monday the 20th and the Subscriber luncheon on
Peter J. Ruffier
Tuesday the 21St. You will receive more information regarding these events soon.
City of Eugene
Eugene, OR
We are enclosing a list of current Research Council members. Again, we welcome
Jeff Taylor
you to the Research Council and look forward to your contribution.
City of Houston
Houston, TX
Sincerely,
R. Rhodes Trussell, Ph.D.
Trussell Technologies Inc.
Pasadena, CA
WATER ENVIRONMENT RESEARCH FOUNDATION
Rebecca F. West
Spartanburg Water
Spartanburg, SC
Joseph E.
Siemens Water ater Technologies
Dennis M. Diemer Peter J. uffier
Corporation
Chair, Board of Directors Chair, Research Council
Camarillo, CA
Executive Director
Enclosure
Glenn Reinhardt
cc: Dan Woltering 703 - 684 -2447
/ O'Ja -4g', :�-. d, y
Central Contra Costa Sanitary District
September 4, 2008
TO: HONORABLE MEMBERS OF THE BOARD
FROM: JAMES M. KELLY, GENERAL MANAGER
ANN E. FARRELL, DIRECTOR OF ENGIN RING
SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES SPRING
CONFERENCE — AUGUST 20 -23, 2008
The California Association of Sanitation Agencies (CASA) Annual Conference highlights
included Water and Air Forums; legislative updates; and presentations on branding,
contracting issues, and the Orange County Groundwater Replenishment System.
Ethics Training was also provided. Slides for most presentations are available. Let us
know if you would like more information on a presentation, and it will be forwarded to
you. Attached are the following handouts for your information:
➢ CASA Annual Conference Program
➢ CASA Annual Conference Report
Board Member Barbara Hockett was re- elected to a third term as Director -At- Large.
Congratulations! Also, the District was awarded the Outstanding Capital Improvement
Project Award for the Plant Control System Improvements Project and was a co- winner
for the Water/Wastewater Treatment Plan Operator Training Program.
ISSUE FORUMS
Water Issues Forum: The Water Issues Forum included an informative presentation on
the statewide outreach effort to encourage the public not to put drugs down the drain.
There was also a panel discussion regarding wet weather issues which focused on the
increasing pressure to reduce sewer system overflows, which in most jurisdictions are
driven by high wet weather flows. Some of the panelists suggested that numbers like 1
to 2 overflows per 100 miles would be the target expected by the regulatory agencies.
This is much less than many well run jurisdictions, which due to their topography, soil
conditions and age of sewers would have difficulty reaching this level. CCCSD is
currently running at 5 -6 overflows per 100 miles which is a significant reduction from our
historical date and represents a targeted effort to increase renovation and improve
cleaning effectiveness. This amount has been the plateau for several years but
continuing effort is ongoing to evaluate ways of further reducing overflows.
Honorable Members of the Board
Page 2
September 4, 2008
Air Issues Forum: The Air Issues Forum focused on addressing climate change
impacts in the CEQA process. Susan Durban, the Deputy Attorney General for the
Department of Justice for the State of California spoke about the Attorney General's
commitment to ensuring that climate change impacts are addressed in the CEQA
process for any proposed project. There was a detailed discussion of what exactly this
means. If each project must stand alone in reducing its green house gas impacts to
1990 levels, as mandated by AB32, then it is going to be very difficult to get new
projects approved. A more realistic approach would be to have jurisdictions meet the
requirements of AB32 on a programmatic level. For example, at CCCSD, we may be
able to reduce our green house gases to pre 1990 levels District -wide by buying clean
power or installing some form of alternative energy or a combination of approaches. It
would be more difficult to reduce green house gases to pre 1990 levels for each and
every individual project. This same logic would apply to cities and private industry. This
whole area of the law is evolving and District staff will need to keep a close eye on it as
we move forward with projects requiring CEQA.
LEGISLATIVE MATTERS
CASA State Legislative Committee
The State Legislative meeting began with a brief discussion by CASA State Lobbyist
Michael Dillon on the State budget. Budget negotiations are currently gridlocked, with
no solution in sight. One piece of good news, the Legislative Analysts Office (LAO)
property tax shift proposal for parole realignment has failed after opposition from CASA,
ACWA, CSDA and others. However, the possibility of the Legislature borrowing
property taxes from local government remains high, although the LAO opposes this due
to the requirement to pay local government back and the fact that the revenue is not
sufficient to solve the problem.
AB 2986 Leno was also discussed at length. This is the bill which would require the
RWQCB to give treatment plants and collection systems a letter grade, ranging from A
to F. The Committee had previously taken a work with author position. Unless the bill
is amended, the Committee has now changed its position to oppose because
discussions with the author raised additional concerns.
Old business focused on status reports on key bills. In particular, two bills that CASA
had significant concerns about were passed. AB 983 (Ma) addresses public contracts
plans and specifications. It adds language that requires public entities to provide full,
complete and accurate plans and specifications. This is of concern because no design
is perfect. Current practice is for plans and specifications to make it the responsibility of
the contractor to verify field conditions. It is feared that this new law will open the door
for contractors to argue for more change orders due to inadequate plans and
specifications. Over 50 organizations, including CASA, ACWA, the League of California
Cities and many school organizations strongly opposed this bill, but it passed out of
both houses with overwhelming support.
Honorable Members of the Board
Page 3
September 4, 2008
AB 2986 (Leno) has been dubbed the report card bill and sets up a methodology for
grading which would be applied to all treatment plant and collection systems. CASA
staff and members worked diligently with the author of the bill to attempt to mitigate
some of the key areas of concern, given that it did not appear to be possible to stop this
bill. Concessions included limiting grades to "A ", "B ", "C" or "F ", for example, eliminating
a "D" grade, and deleting the numerical peaking factor triggers that were in the bill in
favor of developing such factors after adoption. The author's goal is to provide
benchmarks for system performance such that poor performing systems are identified
and local jurisdictions can be pressured to provide the necessary funding to bring the
systems up to standards. The author is concerned about overflows of partially treated
sewage to sensitive waters.
The State Legislative Committee will be taking on a new assignment this year and
organizing a "Day in the District ". The concept is that, instead of a day in Sacramento to
promote CASA initiatives, it would be more effective to meet with State legislators when
they are in their home Districts, and perhaps to give them tours of our facilities so they
can better understand the services we provide. The day is tentatively scheduled for
February 13, 2009. The Committee will be working on developing issue papers and
talking points, similar to what has been done by the Federal Legislative Committee for
the Federal Legislative Conference in Washington, D.C.
CASA Federal Legislative Committee
The Federal Legislative update focused on four bills that are currently active where
CASA staff is working with the authors to protect members' interests. The bill of most
interest is the Sewer Overflow Notification Act (H.R. 2452/S. 2080). This bill is in
response to concerns that the public is not being notified adequately or quickly enough
when sewer overflows occur and therefore public health is not being adequately
protected. Under this legislation the EPA would be required to develop regulations
establishing guidelines for notification. Because the State of California already has
significant notification requirements, CASA greatest concern is that the bill provides for
delegation to the States, where a State notification program is as good as or better than
that proposed by EPA. This bill is moving quickly and may become law this year.
CASA staff and Committee members are carefully monitoring its content and progress.
The discussion of the other three bills was similar to previous discussions. On the
Waters of the U.S. Bill, where there is a danger of the definition of the Waters of the
U.S. being expanded such that Clean Water Act jurisdiction is expanded, CASA staff is
working to ensure that a wastewater treatment and storage pond exclusion is added to
the bill and that groundwater is excluded as well. A bill to further regulate water and
wastewater facilities utilizing gaseous chlorine continues to be considered by the
House, even though CASA and NACWA have actively lobbied against it. This bill is of
no concern to the District, as we converted to ultra violet disinfection many years ago.
A bill to Re- authorize the BEACH Act of 2000 is also of concern to those who discharge
in sensitive beach areas, as it increases monitoring requirements.
Honorable Members of the Board
Page 4
September 4, 2008
As part of the Committee meeting, Director of Engineering Ann Farrell, gave a
presentation on her appearance at the Hearing before the Subcommittee on Domestic
Policy of the U.S. House of Representatives. She explained the hearing process and
also reviewed the District's mandatory amalgam separator program, which was the
subject of her hearing testimony. Her presentation was received with great interest and
portrayed the District as being very progressive in its efforts to control pollutants at the
source.
PRESENTATIONS OF GENERAL INTEREST
Three presentations were of general interest:
The Branding Consultant/Agency Agreements, and the Orange County Water
Recycling /Groundwater Replenishment Project. CASA, with other associations, co-
sponsored preparation of a Utility Branding Manual. The key message we came away
with from this session was that the public's perception of a utility is formed from every
encounter they have with the utility employees /representatives. For example, how our
CSO crews respond to a complaint is a key example of a positive image we have
created and want to foster. How our employees drive and where they park is another
example of where impressions are formed. We will forward the manual to you when we
receive it.
The issue of who accepts what risk in an agency /consulting agreement has been a hot
topic in the Associates and Attorneys' Committees for about two years. The joint
presentation was geared to explain the concepts and to illustrate the complexities of the
matter. While there was a spirited panel discussion, the matter was continued to
another day because thirty minutes was not long enough to explore the issues. The
panel was moderated by District Counsel Kenton Alm.
The Orange County project provides reverse osmosis treatment of up to 70 million
gallons a day of Orange County Sanitary District secondary effluent. The treated water
is transferred to the Orange County Water District, which add minerals to protect the
pipes that convey the water to percolation fields 15 miles away. The water percolates
into the groundwater, where it is then pumped back up for potable use.
Attachments
Ensuring Clean Water for California
August 20-23, 2008
Marriott Hotel
9:00 a.m. - 3:15 p.m.
Who Moved the Cheese?
Location: San Carlos Ballroom IV
9:00 a.m. - 2:00 p.m.
CAI
.....................................................................
12:00 p.m. - 5:00 p.m.
Location: North Foyer
.....................................................................
2:00 p.m. - 5:00 p.m.
Location: San Diego Room
5:30 p.m. - 6:30 p.m.
,'V IVE -R
Location: Fetrantes Bayview
8:00 a.m. - 4:00 p.m.
'!; tjistt' ition
Location: North Foyer
................................................................ I ..................
8:00 a.m. - 9:00 a.m.
coilfioeticfl 9�"'4 -
- kf�lst
Location: North Foyer
...................................................................................
8:00 a.m. - 9:00 a.m.
Fool raj Le.(isfative (ar -olap
Location: San Carlos Ballroom I//
...................................................................................
8:30 a.m. -10:30 a.m.
Sl ate ,md Lora) OfficOls Ev-,ics
Iq t`3 >rfifif. W
Location: San Carlos Ballroom I-//
Delegates signed up in advance of the training so that
materials and certificates could be prepared.
Moderator:
Dave O'Hara, Counsel, Union Sanitary District
Panel:
Gore al Ethics F-InncilsIos
0 t,
, 'eraticlos
John Bakker Attorney Meyers, Nave, Riback, Silver& Wilson
floliticalRoform Act .anti (,nvt, 3)qo
Mark Cornelius, District Counsel, Fairfield-Suisun Sewer
District
Limitations While in Office
John V Tamboreffl, Special Counsel, Stone Rosenblatt Cha
Kenton L. Alm, Attorney, Meyers, Nave, Riback Silver & Wilson
13tovin Act
Betty Burnett, District Counsel, South Coast Water District
Pf bfic Rccords Act
Celestial Cassman, Attorney Atchinson, Barisone, Condotti &
Kovacevich
..............................................................................
8:15 a.m. - 9:30 a.m. - I A-'�Jo 3!,, t -:3 rj tj r,.,l
0"'jhn� �111t' fjl�
I
Location: Steinbeck Forum - Monterey Conference Center
Chair Ed McCormick, East Bay Municipal Utility District
Greg Kester CASA Biosolids Program Manager
Grant Cope, U.S. Senator Barbara Boxer's Office (invited)
Glenn Reinhardt, Executive Director WERF
Mike Sullivan, County Sanitation Districts of Los Angeles
...................... ...............................
9:30 a.m. - 9:40 a.m.
Location: Steinbeck Lobby
9:40 a.m.— 10:35 a.m. - A,H . +r f ow ;m
4s= r ,.,Wq ch.1i,,,je ! ;I : °'cit, iii thc' t.' CAA r' s
Location: Steinbeck Forum
Chair Frank Caponi, County Sanitation Districts of Los Angeles
.,'ti #'dslt rd•' Cs,3 t :, ,.Marl t, r,._0A, t9-an)inq the t', iuos
Susan Durban, Deputy Attorney General, Department of
Justice
to the t_oc,af .Air 11 0oct'> Per,porat;ive
Sean Getchell, California Air Pollution Control Officers
Association and Monterey Unified Air Pollution Control District
.................................................... ...............................
10:35a.m. —10:45 a.m.
Location: Steinbeck Lobby
10:45 a.m. -12:15 p.m.
Location: Steinbeck Forum
Chair Ben Horenstein, East Bay Municipal Utility District
?Iii a' r'�sa,•I.; t"Jo"t'jo the Drain! tlp<e oo <pr 1tg w;~ ie
i .;rs� *. ti as is ai Take -13 grk Evont
Jennifer Jackson, East Bay Municipal Utility District
1:45p.m.- 2:45p.m.- <'i_�'NEHA
Location: Steinbeck Forum
Tll ;; aS on 1l5e T'-ii,)1
Jim Herberg, Director of Engineering, Orange County Sanitation District
Shivaji Deshmukh, Director of Local Resources & Finance, Orange
County Water District
What's coming from the faucets in thousands of southern
California homes has been drawing the gaze of engineers,
scientists and policymakers since it opened the world's largest
water recycling facility of its kind in January to scrub clean
treated wastewater and turn it into drinking water.
.................................................... ...............................
... 2:45 p.m. — 3:00 p.m.
Location: Steinbeck Lobby
................................. ...............................
3:00 p.m. — 4:30 p.m. - U1iaF=C r > t'biE e "I °ltiC
Location: San Carlos Ballroom 111
Chair Wyatt Troxel, Inland Empire Utilities Agency
t ?< =:oily; M} rr� c toes :,P;J¢1 }i:.'! ..t:'a'1.'�i!J §t of Wet
Panel:
- David LaCaro, Environmental Scientist Il, Central Coast
Regional Water Quality Control Board
- Brad Hagemann, Assistant General Manager, Monterey
Regional Water Pollution Control Agency
- Doug Humphrey, General Manager, Stege Sanitary
District
- John Larson, P.E., Larson Consulting
- Melissa Thorme, Attorney, Downey Brand
An open and informal dialogue with some of the most
informed experts on wet weather challenges facing
wastewater agencies across the state.
.......................................... ...............................
11:30 — Noon
Location: Santa Monica Room
........................................... ...............................
12:15 p.m. —1:30 p.m.
Location: San Carlos Ballroom III -IV
• President's Welcome and Executive Board Report
Kamil S. Azoury, Goleta Sanitary District
• Executive Director's Report
Catherine A. Smith, CASA
• Nominations of Officers and Director -at -Large
Michael Dunbar, Chair, Nominations Committee
• Announcement of 2008 CASA Achievement Award
Winners
Ruben Robles, Chair, Awards Committee
rcoi O x T:Oks
• Board Policy on Contractor and Professional Insurance
Dennis Mulqueeney, California Sanitation Risk Management
Authority
• Statewide Wastewater Branding Manual
John Ruetten, Resource Trends, Inc.
.................................................... ...............................
3:00 p.m. — 4:30 p.m. tvtA NAG E_`I S,'IllEET < ^�:a
Location: San Carlos IV
Chair Keith Lewinger, Fallbrook Public Utility District
Ynol i3ox I' 'Oks
• Statewide Wastewater Branding Manual
John Ruetten, Resource Trends, Inc.
• Contracting Perspectives in Insurance and Indemnification:
Finding Common Ground
Panel:
- Kenton L. Alm, Attorney, Meyers, Nave, Riback Silver &
Wilson
- Robert Buccieri, Attorney, Long & Levit LLP
- Betty Burnett, District Counsel, South Coast Water District
- John Gilstrap, Director of Member Services, ACWA Joint
Powers Insurance Authority
- Daniel Hyde, Attorney, Lewis, Brisbois, Bisgaard & Smith
- Terry McGill, Vice President & Claims Manager and Contract
Analyst, Dealey, Renton & Associates Insurance Brokers
- Bruce Presser P.E. & CEO, The Covello Group, Inc.
....... ......... . ................................................. I................
5:30 p.m. — 7:30 p.m.
Location: San Diego Room
7:30 a.m. — 9:00 a.m.
Location: Los Angeles Room
8:00 a.m. — 9:00 a.m.
`.?t st•! " �,dia� ^.itiuF. t`�;�; {)!itit��'�'c)rk Crd��aia
Location: San Carlos Ballroom 111 -IV
8:30 a.m. —1:00 p.m.
Location: North Foyer
8:30 a.m. — 9:30 a.m.
Location: North Foyer
9:00 a.m. — 9:30 a.m.
Get together and plan an informal activity for the day.
9:00 a.m.— 11:30 p.m. - # s1f3t_IC I'Ct. ICY :: ;E sS10tiS
Location: Steinbeck Forum
9:00 a.m. —10:00 a.m.
# s'�l�rral l axar!s, =�tt r� ;oteetirrg
Chair Sharon Green, Sanitation Districts of Los Angeles
County
• Washington D.C. Report
EHc Sapirstein, CASA Legislative Advocate
• Legislative Committee Report
Sharon Green, Sanitation Districts of Los Angeles County
• Updates on High Priority Legislative Issues
Sharon Green, Sanitation Districts of Los Angeles County
10:00 a.m. —10:15 a.m.
r' r ook
Location: Steinbeck Lobby
10:15 a.m. —11:30 a.m.
0 )!" t ,ad i i -" ;', ! , ti'I^t
Chair Harry Price, Fairfield- Suisun Sewer District
• The State of the State
Mike Dillon, CASA Lobbyist
• The Battle Over the "Report Card" Bill: AB 2986 -Leno
Mike Dillon, CASA Lobbyist
Bobbi Larson CASA Director of Legal and Regulatory
Affairs
• An Overview of the SWRCB Water Quality
Improvement Initiative
Bobbi Larson CASA Director of Legal and
Regulatory Affairs
11:30 a.m. —12:00 p.m.
Mvj urt
Location: Steinbeck Forum
Chair Dave Williams, East Bay Municipal Utilities District
10:30a.m.- 4:00 p.m.- Af1'013N vStv1E rracyS
Location: San Carlos Ballroom 111 -IV
Chair Betty Burnett, South Coast Water District
State Bar of California MCLE approved provider
10:30 a.m. —11:45 a.m.
�.rJ r� >. ="4 5e +iiT��;.i:d., i„ t; ii "pa� @� , it tJt!179�aS i!3Y � . +S! };:f, +�.11 is`£•.
Timothy D. Cremin, Meyers, Nave, Riback, Silver & Wilson
12:00 p.m. — 4:00 p.m.
11:00 a.m. — 2:00 p.m.
f:l?t1111i91til f # >ni? Como ?itte '4lst�tE €dCJ
Location: San Diego Room
12:00 P.M. —1:00 p.m.
L.u!trh On Your (Jvrn
.... ....... ........................... ...............................
12:00 p.m. —1:30 p.m.
A' .st c';.I,es t tart °lmolk"r, {ll ;r tint
Location: San Carlos Ballroom 1 -11
Chair Jackie Kepke, CH2M Hill
...................................................... ...............................
1:15p.m.- 4:30p.m. -C N RALSESSIGN
Location: Steinbeck Forum
President Kamil S. Azoury, presiding
1:15 p.m. -2:15 p.m.
C, &fornia F,,)vward - Our-State. Our "Solution. Cur Fu0ire.,.
Bruce McPherson, Leadership Council Member, and former
California Secretary of State
2:15 p.m. — 2:45 p.m.
)r 9!�'r �t •.,'1 C.N4 -it .wt ,�"; ,:; :.`� -. tt i ��pi' ?-!t=a ati <'J "�'����
Chair Dennis M. Diemer, P.E. East Bay Municipal Utility
District
For nearly two decades, WERF has worked
to advance new solutions by providing robust,
peer- reviewed science and technology critical to
preserving water quality. WERF research is breaking
new ground with real, measurable results.
2:45 p.m. — 3:00 p.m.
i kroiik
3:00 p.m — 4:30 p.m.
Full C' Ae; F f l t'ublsc lo
Cools: ;�e Bart
Presented by the Communications Committee
Moderator:
Michele McKinney Underwood, Chair and Senior Public
Affairs Representative, Western Municipal Water District
Panel:
A,. z �Ciwo ^:, nobbiE d4, ?igook. —J ri , -jot"1
Linda Brewer, Delta Diablo Sanitation District
''ERit};'at You , �,,t e is What You K€iow: +,aSl?�Cj t `�xtz;'t4l�?=jtia
'-And f ragi>s to Communicate fr'ffoct,v�Iy
Lois Humphreys, TRG & Associates
Public Ace k+ pl:an(,e: vVh at's Workiog t hal 1 -wit
Mark Millan, Data Instincts
ursrltj cu- s'lorne'r € "ogl ? fr r?re: F z'rwl corer -�j)t to
?<e!<sd° t'iowi.""T he Story =af tt'. v1 onlerev f, ra ty
'» "i!er €Iecyci q ptr�ject
Karen Hams, Monterey Regional Water Pollution
Control Agency
4:45 P.M. — 5:30 P.M.
Location: Los Angeles RoomT
Chair Paul Bushee, Leucadia Wastewater District 'f
6:00 p.m. 7:00 p.m.
Location: Ferrantes Bayview
7:30 a.m. — 9:00 a.m.
=..utiv�' 3s'vd'J ^ -lhr€g
Location: Los Angeles Room
8:00 a.m. —11 :00 a.m.
F.3toAf;tst ;wd C: r,,,rr<3! e <; i +art
Location: San Carlos N f
8:00 a.m. — 9:00 a.m.
fh',, akf r k
9:00 a.m. —11:00 a.m. -aF
President Kamil S. Azoury, presiding
Council Meeting
• 200812009 Election of Officers and Directors -At -Large
• Adoptions of Proposed 2009 Membership Dues
• Biosolids Program Report
• Regulatory Outlook and Litigation Report
• Committees Action Item Reports
• Last Order of Business - Passing of the Gavel
• Closing remarks by President Azoury
wC �
"AL
California Association of
Sanitation Agencies
Coalmon Acronyms
W,AVA
1�', �' (", f (_',thfowia Miler Aq.. oci4,s
ANPRM
Advanced Notice of Proposed Rulemaking
AW;VA
t:" 'l
OMB
Office of Management and Budget
ATCM
Airborne Toxic Control Measure
ONPIN
01;t�J"iod,!%q
AV,"NA
PAG
Public Advisory Group
BACWA
Bay Area Clean Water Agencies
!'Xis
At;�t,itic, Hydr<,c i;boos
r"0
11iochomicai 0,�yfjon P,40000d
PCBs
PolyChlorinated Biphenyls
CAAQS
Calif Ambient Air Quality Standard
110T'Ns
Pkihlwly Ownvd
C,,flARP
Calif Accidental Relc-a�,3e Prevetil;on Proq ;wl
PPCPs
Pharmaceutical and personal Care Products
CARB
Calif Air Resources Board
rA
("'dif 1)( F�:)od & A(
'J
� ,
CDO
Cease and Desist Order
QA/QC
Quality Assurance / Quality Control
Con,-Aituenls vt Eowrg;ng Cowern
IX
of EfIA NV& 111)
CEQA
Calif Environmental Quality Act
RFP
Request For Proposals
"'F R
- Ac 13P
Cude of Fed
P
M ln,E (
CMOM
Capacity, Management, Operation and Maintenance
RFQ
Request For Qualifications
(D I W N! B
Calif
Ro
qom,ei,se Osmosis
CPUC
Calif Public Utilities Commission
RWQCB
Regional Water Quality Control Board
0150
Combuv!d " -ewer Overflow
SOAP
Soulhern California All;onac i =t POTVIs
CTR
California Toxics Rule
SEP
Supplementary Environmental Projects
CVCINA
Cootral VI-Ofey C4,an .V,iler Ansociation
S �17 R Ts
3oluble or Ext�,octihle Regulatory 'n w�i,,Iiojds
CWA
Clean Water Act
SLAPP
Strategic Lawsuit Against Public Participation
CVVAP
Cle,,m "Nater A Aion "lan
sip
Stale Implemeotation Policy
CWARA
Clean Water Authority Restoration Act
SRF
State Revolving Fund
CWF,A
Calif Water Envirotiment As4ocvifion
'Susperldchl Solids
DHS
Dept of Health Services
SSO
Sanitary Sewer Overflow
00
Disc jolved Oxygon
SSNIP
Sewer System PAnoager-nent Plan
DTSC
Dept of Toxic Substances Control
SWRCB
State Water Resources Control Board
L '13 E
-P
Enclosed Bays and Estuaries Plin
TAC
Toxic Air Contaminant
EDW
Effluent Dominated Waterbody
TCLP
Federal Toxicity Characteristics Leaching
Er vaoow 10;11 Impact
Procedure
EPA
Environmental Protection Agency
TOS
Tof;ll DlS"olvod 3oiios
ERAF
Fduf,.Oion;tl R,)serve Augowtfl,ition Fund
TMDL
Total Maximum Daily Load
ESMP
Electronic Self-Monitoring Report
rri-TAC
Tt!chnicol .Advisory Ctmiiiittee of CASA, C VVEA,
FOG
F =its, Oilsaod Grease
and LOCC
GASB
Government Accounting Standards Board
TSD
Total Solids Dissolved
HAP
H;izor clot is Air pollutant
'0
Sch,_,dule Oft' -fer
ISWP
Inland Surface Waters Plan
TSS
Total Suspended Solids
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LA
Load Allocation (non-point sources)
UV
Ultraviolet Treatment
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League of California Cities
WAS
Waste Activated Sludge
MACT
Maximum Achievable Control Technology
WEF
Water Environment Federation
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WET
Whole Effluent Toxicity or Waste Extraction Test
MGD
Million Gallons per Day
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WIN
Water Infrastructure Network
MOU
Memorandum of Understanding
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WIVII
Watershed Management Initiative
NACWA
National Association of Clean Water Agencies
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Water Resource Development Act
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Non Governmental Organizations
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Water Quality Based Effluent Limitation
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Nitrogen Oxides
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Water and Wastewater Infrastructure
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Non-Point Source
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California Association of Sanitation Agencies
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Jackie Kepke,Auxoc'a/e»Chn«
California Association of
Sanitation Agencies
Goleta Sanitary Dis,nct
Harry Price -|° Vice President
Betty Burnett, Attorneys Char
1215M Street, Suite 228O
Fzirfe|d'Sumon Sower D/othct
Ruben Robles, Awa/daChair
Sacramento, CAg5D14
RonYoung-2wVin*pms�en�
Tom Selfridge,
916.446.0388 phone
Bx.noreVa|!ey Municipal Water D/strirt
Robert Reid, Bylaws Chair
916.231.2141 fax
Tom Se|hiU8n-Soum�ry'Tmaounw
Michele McKinney Underwood, Cammun|oaimnsGha/r
C«�h»/in»A�Smi��.ExoouUvoD/momr
rmnkee Sanitary District
Wyatt Tmxel' Directors Chair
Michael E Dillon, State Lobbyist
GaryDu'/inO - OimoUor-At-Luvgo
Kami|8.AzourK Evaluation Chai,
Roberta L Larson, Director ofLegal
Delta Diablo 3ao/|�innO/�;�
Sharon Green, Federal L`aiuon&Logm|anvnChn/,
a^dReg:|a��A#a.s
John A. Hoagland -Dim«m�A�L»�e
K*�hLawingo� Managers Chair
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HanchnC�/N/o/aWaw,Diut,kx
Legislative Advocate
Barbara Mocke�_Di�o��A�Lo�e
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Debbie Welch, Executive Aoy.xfantand
Steve Hogg -Diem0opAt-Lango
Harry Price, State Legislative Chair
Confemno*Coordinato,
City ofFresno
Joyce Gwidt Conference Arrangements Chair
Kni|o Ricci, Conference S'aU
WyattTmxel - Oim«tnpAt-La»ge
Frank Cuponi. Air Issues Forum Chair
Justin Lewis, |TManager
Inland Empire Utilities Agency
6d McCormick, Land Issues FummChair
DovidYViUiomo - Dimmtor-At'Lmrgo
Ben Honmstein. Water Issues FummChair
Cast Bay Municipal Utility District
Jim Colston, T'i'TACChair
Bruce Presser -Di rector- At- Large
The Covello Group
MichmelDunbx, - PastPmoiden
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South Coast Water District
CharloUoCmvom - PontPmmidom
Ventura Regional Sanitation District
Upcoming CASA Conference Meet'~ng~
D.C. Conf�roMce
An0ua| Conference
March 9-11. 2000 .��` � - � � .y � .
/4W�ljst 12-Y5. 2009
Hyatt Grand Champions
Hotel Monaco Marriott
Hilton Mission [�
Indian VVeUa.CA
VVaehingh»nO.C:. Napa, CA
San C}iago.CA '
t:780.3411000
t: 202.628.7177 t: 707.253.8600
t: 619.276.4010
California &9
Association of
Sanitation Agencies
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' 1215K Street, Suite 229U
Sacramento, CA 95814
916.446.0388 phone
916.231.2141 fax
Regulatory Report
by Roberta Larson, Director of Legal and Regulatory Affairs
State Water Board
Restructuring
Legislation Unlikely to
Move Forward This Year
The State Water Resources Control Board
(State Water Board), which has been subject to
significant scrutiny and criticism by the Legis-
lature over the past few years, released its own
comprehensive package of structural and other
reforms in late May. (See related article in the State Legislative Report.) Titled the
Water Quality Improvement Initiative (WQII) the proposed legislation is intended
to improve the Water Boards' structure and processes in order to improve ac-
countability, effectiveness and consistency. The State Water Board proposal
was prompted by Senator Don Perata's re- introduction of legislation vetoed by
Governor Schwarzenegger in 2007. The WQII is intended as an alternative to SB
1176, which was opposed by CASA as well as a long list of public and private
sector entities. Despite early speculation that the State Water Board language
might find its way into a budget trailer bill, leaving little opportunity for meaning-
ful debate and input, in late July a key Senate staffer confirmed that the legisla-
tion will not move forward this year.
The WQII is ambitious in scope, addressing a range of issues from enforcement
to the underground storage tank program to the roles of Regional Water Boards
and their Executive Officers. CASA and its partners in the Clean Water Sum-
continued on page 4
•-------------------------------------------------------
State Water Board Initiative Seeks
Millions in Mandatory Penalties
In an effort to address the growing backlog of manda-
tory minimum penalties for NPDES permit violations,
the State Water Board has launched its MMP initia-
tive. In July, the State Water Board sent out letters ;
to dozens of entities inviting them to participate in an expedited payment ;
program. Several Regional Water Boards have chosen to retain responsibil-
ity for addressing MMPs in their regions, and are also gearing up to issue
dozens of complaints. The goal is to bring the MMP program current by the
end of the calendar year.
In a July 3, 2008 letter to legislators, State Water Board Executive Direc-
tor Dorothy Rice acknowledged a significant backlog of MMP violations
for which formal enforcement action has not been taken. According to
' continued on page 3 '
Little Hoover Commission
Continues Its Review of
State Water Board Structure
and Organization
One consequence of the delay in moving
the Water Quality Improvement Initiative is
that the Legislature will also have the recom-
mendations of the Little Hoover Commission
(LHC) to consider in deciding future direction
for the Water Boards. In March 2008, the
LHC began its review of the governance and
structure of the Water Board system. The
Commission will assess the roles of the State
and Regional Water Boards and investigate
the best way to balance consistency and
flexibility. In addition, the LHC will examine
barriers that prevent the Water Boards from
effectively carrying out their mission. The
Commission is expected to complete its
work and issue a final report by the end of
the calendar year.
In addition to two formal public hearings,
the LHC has convened an Advisory Com-
mittee to provide input in a forum allowing
for greater dialogue and give and take. CASA
continued on page 3
Inside...
Executive Director's Report 2
Washington Report
6
Special Report
11
State Legislative Report
12
Special Report
15
Legal Affairs Report
16
Biosollds Program Report
18
CASA Report
August 2008
CASA EXECUTIVE BOARD
Kamil Azoury -President
Goleta Sanitary District
Harry Price -1" Vice President
Faer eid -Swsun Sewer District
Ron Young - 2 "' Vice President
Psiror= `;alley Municipal Water District
Tom Selfridge - Secretary- Treasurer
'n..-nee Saint; r, C�stnct
Gary Darting ,Director -At -Large
D -eta C�ao�o Sanitation District
John A. Hoagland - Director -At -Large
Pnrcho California bVater District
Barbara Hockett - Director -At -Large
Central Contra Costa Saritary District
Steve Hogg - Director -At -Large
of Fresno
Wyatt Troxel - Director -At -Large
n and Empire Utilibes Agency
David Williams - Director -At -Large
East Bay Municipal Uttlity District
Bruce Presser - Director -At -Large
The Cc.eilo Group
Michael Dunbar - Past President
South Coast �Xater District
Charlotte Craven - Past President
Ventura Pegional Sanitation District
COMMITTEE CHAIRPERSONS
Jackie Kepke, Associates Chair
Betty Burnett, Attorneys Chair
Ruben Robles, A.vards Chair
Tom Selfridge, Budget and Audit Chair
Robert Reid, Bylaws Chair
Michele McKinney Underwood,
Communications Chair
Wyatt Troxel, Directors Chair
Kamil Azoury, Evaluation Chair
Sharon Green, Federal Liaison &
Legislative Chair
Keith Lewinger, Managers Chair
Michael Dunbar, Nomination &
Ad�,isory Chair
Paul Bushee, Program Chair
Harry Price, State Legislative Choir
Joyce Gwidt, Conference
Arrangements Chair
Frank Caponi, Air !slues Forum Chair
Ed McCormick, Land Issues Forum Chair
Ben Horenstein,'� dater Issues Forum Chair
Jim Colston, Tri -TAC Chair
CASA STAFF
Catherine A. Smith, Executive Dxector
Michael F. Dillon, State Lcbb;;'st
Roberta L. Larson, Director of Lecal
end Regulatory Affairs
Eric Sapirstein, Federal
to
Greg Kester, B:cscids
Debbie Welch, Execute ;e Ass,stant acd
'„or'ererce Cocrd!ratcr
Kaila Ricci, :cr.ference Staff
Justin Lewis, l''. ";:r,:,er
California Association of
Sanitation Agencies
Executive Director's
by C,itherine A. Smith, CAE, Executive Director
Welcome to beautiful
Monterey and CASA's 2008
Annual Conference. Since
' +� April, CASA staff members
have been working on both
the more routine day -to -day
operations but also some
exciting special projects and
activities. I wanted to highlight a few of those
projects:
No Drugs Down the Drain: The No Drugs
Down the Drain Steering Committee has been
having regular conference calls on the devel-
opment of the campaign. The statewide event
is scheduled for October 4 -11, 2008 and will
involve agencies and organizations throughout
the state, as well as state and federal partners.
O'Rorke, Inc has been contracted to assist with
the public outreach activities which include
media messages, PSAs, posters, handouts,
and local take back events. CASA agreed to
initially fund the entire campaign in the amount
of $50,000 and seek contributions to offset that
amount. However, the campaign has received
many generous contributions to help support
the campaign. CASA's contribution will now be
set at $10,000. If you want to view the website
please go to www.nodrugsdownthedrain.org.
Wastewater Branding Manual: CASA is
one of the funding participants for the Waste-
water Branding Manual being prepared John
Reutten, Resource Trends, Inc. Lead by South-
ern California Association of Publicly Operated
Treatment Works (SCAP), we have been having
regular conference calls to assist with the de-
velopment of the manual. John is on the CASA
August 2008 conference program as a present-
er. Some of you may have been interviewed by
John for the manual as he conducted numer-
ous interviews to assist with the manual. With
our contribution, CASA will be receiving hard
copies of the manual and will be providing one
copy to each of our members. Todd Winslow,
who is the graphic designer used by CASA,
has been awarded the contract to do the de-
sign work on the manual.
Private Sewer Laterals: The Private Sewer
Lateral Legislation Work Group has been hav-
ing regular conference calls to outline and
discuss activities in relationship to bringing
forward to the Executive Board a recommenda-
Report
tion on how to address issues relating to the
private sewer laterals. In addition, we have re-
tained EMC Research to conduct surveys and
opinion research on behalf of CASA. The nature
of the work is to investigate the attitudes and
opinions of CASA members on issues relating
to CASA's consideration of potential legislation
for private sewer laterals. The survey was con-
ducted via the web, including email invitation,
unique respondent ID's, emailing tracking the
reminder emails. Some members may need to
also be contacted via phone. Executive Board
member David Williams is leading this project
and will be reporting to both the Executive
Board on Wednesday and a presentation to the
CASA Council at its general session on Friday.
Clean Water Summit Partners' Cross -
Media Roundtable: As a member of the
Clean Water Summit Partners, CASA joined
with Bay Area Clean Water Agencies (BACWA),
SCAP, Central Valley Clean Water Agencies
(CVCWA), and the California Water Environ-
ment Association (CWEA) in the first Cal /EPA
Roundtable on cross -media regulatory issues.
The meeting was the brainchild of Michael
Moore, Orange County Sanitation District. Held
in Sacramento on May 16, key board and staff
members from the State Water Resources
Control Board, Integrated Waste Management
Board and the Air Quality Control Board were in
attendance. The meeting was a great success
with some very insightful dialogue between all
of the interests.
Bylaws Amendment: On Saturday, the
Council will be voting on two bylaws amend-
ments. The first proposal is to eliminate the
term limits for Directors -at -Large on the Execu-
tive Board. The second is to expand the Evalu-
ation Committee to include not only the Execu-
tive Director but all of the contracted profes-
sional service providers. The Executive Board
voted to approve these proposed amendments
which will be placed before the Council.
CASA Dues Change: After a lengthy evalu-
ation, the CASA Executive Board approved a
new dues structure which, if approved by the
Council, will be implemented with the 2009
dues renewal. Each of our members received a
letter from CASA President Kamil Azoury.
Evaluation Committee: Lead by
CASA President Kamil Azoury, the
Little Hoover Commission continued
Evaluation Committee members (Mike
Dunbar and Harry Price) and me met
is represented on the Committee by the Director of Legal and Regulatory Affairs. At
with CASA's professional services pro-
the most recent meeting of the Advisory Committee in late June, State Water Board
viders (Michael F. Dillon & Associates,
Executive Director Dorothy Rice provided an overview of the WQII and responded to
Somach, Simmons & Dunn, and ENS
questions from Committee members and LHC members and staff. Some on the Advi-
Resources). These meetings were an
sory Committee voiced concerns about the proposal for full -time regional board chairs,
opportunity for CASA leadership and
as this might cause a conflict between the executive officers and the chairs. However,
the consultants to discuss what is going
others felt the structure could work if the roles were well defined. In addition, committee
right; what may be improved; and how
members said that although having full -time chairs is supposed to create more time for
to work collaboratively to serve CASA
Regional Water Boards to focus on policy- making, the delegation of permit issuance to
members and forward the organization's
the executive officers may free -up the Chairs sufficiently
strategic plan. Smith Moore & As-
without the need for them to be full -time. Committee
sociates, Inc., as the Executive Direc-
members were generally supportive of delegation of per- 7Wo areas that may
for /headquarters professional service
mitting authority to the regional board executive officers, receive particular
provider, was also part of the evaluation
though several Committee members expressed the view attention are the
process.
that establishment of a new meaningful appeals process adequacy and
Special District Leadership
must accompany the delegation.
accuracy of the State
Foundation: CASA continues its
At this time, there are no further public meetings Water Board's water
involvement with the Special District
planned. The LHC staff is reviewing the significant input quality data system
Leadership Foundation (SDLF). At the
received so far and formulating recommendations for and the constraints
recent SDLF Board of Directors meet-
consideration by the Commission. Two areas that may posed by the current
ing, SDLF staff introduced its newly -de-
receive particular attention are the adequacy and accu- rules on ex parte
signed website - www.sdif.org. We also
racy of the State Water Board's water quality data sys- contacts with Board
want to recognize Leucadia Wastewater
tem and the constraints posed by the current rules on ex members.
District for being a recent recipient the
parte contacts with Board members. e
District of Distinction accreditation. To
achieve this recognition, the district
---------------------------------------------------------------
must comply with a number of require-
;
ments including policies and proce-
State Water Board Initiative continued ;
stand, continuing education and fiscal
standards.
; the letter, current data shows that over The underlying data for the list of viola-
7,200 MMP violations at 477 separate tions will be derived from the Califor-
Welcome to Members: CASA is
facilities have occurred between January nia Integrated Water Quality System
pleased to welcome two new members
; 1, 2000, and December 31, 2007, that (CIWQS), and will be verified by State
to the Association - City of Fairfield and
have not yet been addressed by a formal Water Board staff. Thus, it is important ;
Freyer & Lauretta, Inc.
; enforcement action. These violations for CASA members to carefully review ;
represent over $21 million in potentially the list of violations that accompanies ;
Guests: Two guests are in attendance
' uncollected administrative civil liability. the MMP letters and conduct their own ;
at this year's annual conference. As-
To address the MMP backlog will require verifications, just as if the letter were ;
sociation of California Water Agencies
the Water Boards to take approximately an MMP complaint from one of the Re-
President Glen Peterson is joining CASA
477 separate enforcement actions. The gional Water Boards. Agencies receiv- '
at this event. President Peterson is a
Water Boards are employing a phased ing the letters may waive the right to a
member of the Las Virgenes Municipal
approach of first resolving uncontested hearing and pay the proposed penalty,
;
Water District as well as the Metropoli-
MMP violations by sending letters to all inform the State Water Board of errors in
;
tan Water District of Southern Califor-
facilities with MMPs and offering them the calculation of the alleged penalties,
nia. R.M. Cook Barela, president of the
,
the opportunity to resolve their violations or request a hearing before the Regional
Jurupa Community Services District, is
by providing full payment of any accrued Water Board. By statute, a portion of
also here as our guest as his district is
mandatory penalties. According to Ms. the total MMP amount may also be di- ;
considering joining the Association. a
Rice, the Water Boards also are imple- rected to a supplemental environmental ;
menting controls to ensure that new vio- project, with the Regional Water Board's ;
lations subject to MMPs are addressed concurrence. e '
promptly.
•--------------------------------------------------------- - - - - --I
Tom'
State Water Board Restructuring Legislation continued
mit (the Bay Area Clean Water Agencies, the
California Water Environment Association, the
Central Valley Clean Water Association and the
Southern California Alliance of POTWs sent
a detailed comment letter to the State Water
Board in June, outlining the public wastewater
community's views on the proposed changes.
Among the key issues addressed in the letter
was the proposed delegation of NPDES permit
issuance to Regional Water Board Executive
Officers. Currently, the Water Code requires
NPDES permits to be approved by the nine -
member appointed Regional Water Boards.
This system, which is unlike the processes
used in the vast majority of other delegated
states, has led to concern about the ability to
appoint qualified persons to the Regional Water
Boards without running afoul of the so- called
10 percent rule. (Under federal regulations,
no person can serve on the State or Regional
Water Boards if he or she receives 10 percent
or more of income from an entity holding an
NPDES permit.) The WQII would delegate the
permit function to the Executive Officers, thus
eliminating the 10 percent rule issue and free-
ing up the appointed Regional Water Boards
to focus on policy matters such as Basin Plan
revision and total maximum daily loads. The
Summit Partners indicated that they are willing
to go along with this change only if the legisla-
tion is amended to create a meaningful appeal
process for staff - issued permits, such as an
environmental appeals board (EAB).
Another controversial aspect of the WQII is a
proposal to create full -time salaried chairper-
sons for each of the Regional Water Boards.
The purpose of this change, according to the
State Water Board, is to improve the account-
ability and effectiveness of the Regional Water
Boards, and to create a new formal, public
process, utilizing a council of full -time Regional
Water Board Chairs, to identify and address
concerns regarding inconsistency among the
Regional Water Boards. The Summit Partners
indicated they would oppose this change, for
several reasons. First, the establishment of
nine new full time gubernatorial appointees
will come at significant cost and the POTW as-
sociations prefer those resources be devoted
to establishment of an EAB or other
meaningful hearing process. Secondly,
creating one super board member
may render the remaining board mem-
bers marginalized at best and irrel-
evant at worst, as there will be signifi-
cant deference to the full time chair.
One area of proposed reforms the
Summit Partners support is some
modest but helpful reforms to the
Mandatory Minimum Penalty (MMP)
Law. The bill would increase the popu-
lation criteria for small community
compliance projects to 20,000 and
limit the exposure of small communi-
ties to MMPs for failure to file reports.
CASA has been concerned for some
time about the increasing burden that
MMPs impose upon small communi-
ties that are already facing significant
compliance costs. The Summit Part-
ners also supported the concept of a
proposed amendment to allow entities
subject to MMPs to expedite MMP
payments by offering permit holders an
option to pre -pay MMPs at a discount
when filing self - monitoring reports. The
comment letter emphasized that in or-
der to ensure that this option is used,
and that it does not unfairly disadvan-
tage entities, it is critical that the imple-
menting regulations address two points:
First, the waiver that accompanies pay-
ment must clearly be characterized as
a settlement offer and not an admission
of liability, as the permit holder will still
be subject to discretionary enforcement
for the violations until the Regional
Water Board posts the notice. Second,
the waiver should allow the option of di-
recting the statutorily allowable portion
of the MMP amount to a supplemental
environmental project.
CASA will continue to work with the
Summit Partners and the State Water
Board during the fall to refine the pro-
posal before introduction in bill form for
the 2009 -2010 legislative session. •
Stakeholder Group Wrapping up its Work
on Recycled Water Policy
The State Water Resources Control
Board has granted a small group
of stakeholders representing
environmental nongovernmental
organizations (NGOs) and the water
recycling community additional
time to complete its work on
recommendations for a Recycled
Water Policy for California. In
March, the Board agreed to defer
action on its proposed Recycled
Water Policy for 90 days to allow
the stakeholder effort to proceed.
NGOs and water recyclers alike
viewed the State Water Board's
proposed policy as failing to
provide clear and appropriate
direction to the Regional Water
Boards regarding recycled water permit-
ting and regulation. The Stakeholder
Group has been meeting frequently since
April 4, and is now scheduled to present
its final recommendations to the State
Water Board on September 2, 2008.
A draft of the alternative policy has been
released and was the subject of detailed
briefings of the leadership of CASA, the
Association of California Water Agencies
(ACWA) and the WateReuse Association
in late July and early August. The goal is
to develop a policy that can be endorsed
by the water and wastewater communi-
ties as well as the environmental orga-
nizations. The July 25, 2008 draft of the
policy includes a number of provisions
that are favorable to increasing water re-
cycling in California, and that are prefera-
ble to the version of the policy circulated
by the State Water Board last February.
These include:
• The Stakeholder Policy would not
specify numeric limitations for salts
in recycled water, but would require
the development of regional salt and
nutrient management plans in ground-
water basins.
• The Stakeholder Policy recognizes
that regulation of most constituents of
emerging concern (CECs) in recycled
water is premature and calls for es-
tablishment of a science advisory
panel to advise the Water Boards and
the California Department of Public
Health on addressing CECs.
• Groundwater monitoring would not be
required for irrigation projects except
as called for in the regional salt/nutri-
ent management plans.
• The Stakeholder Policy would estab-
lish a presumption that recycled water
projects that comply with the terms
of the policy are to the benefit of the
State, and encourage local agencies
to use this presumption in their envi-
ronmental review of projects.
While the intensive stakeholder process
has led to very promising agreement on
these key provisions, a few issues re-
mained unresolved at this writing. These
include the imposition of mandates on
recycled water producers; the willingness
of the water and wastewater communi-
ties to fund dedicated positions at the
Regional Water Boards to implement the
Policy, and the application of the State's
anti - degradation policy to irrigation proj-
ects during the interim period before
the regional salt and nutrient plans are
completed. These issues were planned
for discussion at a meeting of the Stake-
holder Group in early August, and addi-
tional information regarding the proposed
Policy and CASA's position will be pro-
vided at the annual conference. •
I�11itr��n,
Washington Report
by Eric Sapirstein, Federal Legislative Advocate
Sewage Overflow Right -To -Know Bill
Moves to Senate; CASA Secures Language
Preserving California Program
On June 23, the House passed the Sewage
Overflow Community Right to Know Act (H.R.
2452) by voice vote. H.R. 2452 would require
owners and operators of POTWs to monitor
for overflows and to notify federal and state
agencies and the public in a timely manner
(24 hours after finding of an overflow) of sew-
er overflows. POTWs would also be required
to institute and utilize monitoring programs
for sewer overflows. The bill would also ex-
pand the types of activities that are eligible
to receive funds from the Clean Water State
Revolving Fund (CWSRF) to include sewer
overflow monitoring and notification. CASA's
Federal Legislative and Liaison Committee
recognizing that the legislation would impose
a new mandate on POTWs that would conflict
with an effective state notification program
worked with staff on the House Commit-
tee on Transportation and Infrastructure to
amend the legislation. As a result, the House
adopted changes to permit California to seek
delegation of the program from EPA.
In adopting the CASA language,
the bill specifically delays imple-
mentation of the federal program
provided the state seeks delega-
tion authority. EPA would be re-
quired to approve the delegation
request if it found that the state
program would be substantially
equivalent to the federal mandates.
Across the Capitol, the Senate
Committee on Environment and
Public Works was unable to mark-
up the Senate version of the bill (S.
2080) before the August recess.
Senate committee staff expressed
interest in moving the bill through
committee quickly once it passed
the House in May; however, a cost
estimate from the Congressional
Budget Office slowed the bill's
movement due to concerns over
potential violations of the unfunded
mandates law. That law allows a
lawmaker to raise a point of order
against legislation that could im-
pose excessive costs on local gov-
ernments and other entities. Spe-
cifically, the Congressional Budget
Office expressed concerns that the
bill's monitoring program would
exceed allotted funding even if the
SRF were to be made available to
support compliance efforts. Com-
mittee staff members are said to
be negotiating a means to address
this issue when Congress returns
to work in September. CASA's Fed-
eral Legislative & Liaison Commit-
tee will continue to work with the
House and Senate to address any
issues affecting CASA agencies'
ability to comply with the existing
state program. •
6
Congress Entertains
Idea of Second
Economic Stimulus
Package; Boost
in Clean Water
Infrastructure
Assistance Eyed
In recognition of the grim forecast
for Congressional approval of this
year's spending measures, congres-
sional Democrats appear likely to
consider a second economic stimu-
lus or supplemental bill in Septem-
ber. On July 30, Senate Committee
on Appropriations Chairman Robert
Byrd (D -WV) detailed a plan for
$24.1 billion infrastructure, housing,
natural disaster recovery and energy
stimulus assistance bill. Senate
lawmakers appear interested in in-
corporating several spending ideas
that were stripped from the first
stimulus package (P.L. 110 -252).
That stimulus package became law
on June 30 and provided over 130
million American households with
rebate checks. The importance of
this recent activity for CASA is it
signals Congress' desire to address
the needs of the POTW community
through increased federal support of
the Clean Water Act State Revolving
Loan Fund Program.
Some of the proposals that Byrd is
proposing include:
• $200 million for EPA's Clean Wa-
ter State Revolving Fund which
would increase overall funding to
approximately $1 billion given the
current fiscal year 2009 budget
that the Senate is considering;
• $200 million in budget authority
for the USDA to support more
than $500 million in loans and
grants for needed water and
waste disposal facilities in
committed to enacting an economic stimulus package,
remote rural areas provided
totaling at least $25 billion, before Congress adjourns for
through the Department of
the year. Whether a stimulus package sails through Con -
Agriculture's Rural Utilities
gress before the election, the commitment to a funding
Service;
package is considered to be the start of overall efforts to
• $360 million to repair levees
boost domestic spending needs once a new Administra-
and other federal flood control
tion arrives in Washington next year.
projects in 21 states damaged
by flooding and natural disas-
ters;
Efforts to Restore Definition of
• million in loans and grants
for
for water and waste disposal
Navigable Waters on the Rocks;
repair and reconstruction
�
CASA Concerns Partially Addressed
related facilities damaged in
in Revised House Proposal
natural disasters;
• $100 million for the Emer-
Congressional sponsors of the Clean Water Restoration
gency Watershed Program for
recovery from floods, storms
Act (H.R. 2421/S. 1870) have yet to find adequate sup -
and other natural disasters;
port for floor consideration in either the House or Sen -
and
ate. Action on the legislation has focused on the House
• $50 million for the Watershed
where H.R. 2421 was expected to be marked up earlier
this summer but was delayed because of Member con -
Rehabilitation Program to re-
pair dams.
cerns over the potential expansion of the definition of
what kind of water would be subject to regulation under
The Senate Committee on Ap-
the Clean Water Act. The legislation was introduced to
propriations had scheduled two
reverse U.S. Supreme Court decisions throwing out the
mark -ups on a stimulus package
process that EPA and the U.S. Army Corps of Engineers
has used to decide which waters must comply with
draft on July 22 and July 24. Sen-
ate Committee on Appropriations
Clean Water Act permits. Central to this debate is the
Chairman Robert Byrd (D -WV)
question whether groundwater would become subject
elected to cancel the mark -ups in
to Clean Water Act mandates potentially impacting the
recognition of the limited legisla-
viability of water recycling among other activities. The
tive days available to move such
answer to this question has been studiously avoided.
a potentially large bill, as well as
the uncertainty surrounding the
In another element of the legislation, CASA successfully
oil and gas deliberation by the
worked with the House Committee on Transportation and
Infrastructure, through the leadership of Californians El-
Senate stalling floor debate. Sen-
ate Majority Leader Harry Reid
len Tauscher, Grace Napolitano, Doris Matsui, Gary Miller
(D -NV) has indicated the Senate
and Jerry McNerney, to develop amendments to the bill
will not be able to move on a new I
that would preserve the existing regulatory exemption
from the definition of navigable water. Under the agree -
stimulus bill until September. So
far, the White House has given
ment, the regulation would be incorporated into the stat-
a frosty reception to the idea
ute. This would mean that any designed and constructed
of a second stimulus package.
facility (such as a pond/lagoon) that is used as a waste
Instead it prefers to allow more
treatment facility as part of an overall POTW operation
time for the first stimulus package
would not be subjected to complying with a permit.
to have an effect on the economy.
On the House side, House Major -
As noted, the legislation has lacked enough support in
ity Leader Steny Hoyer (D -MD)
either chamber to proceed to floor debate. For this rea-
expressed his intent to bring for-
son, it is unlikely that a final bill will be considered this
year. Instead, the issue is expected to resurface when
ward a second stimulus package
before Congress adjourns for the
the 111 th Congress convenes in January.
election season on September
26. House Speaker Nancy Pelosi
(D -CA) has indicated that she is
CASA Member
Central Contra Costa
Sanitary District
Testifies Before House
Oversight Committee
on Disposal of Dental
Fillings
On July 9, the House Committee
on Oversight and Government Re-
form, Subcommittee on Domestic
Policy held a hearing to review
efforts to reduce dentistry- related
mercury emissions. Subcommittee
Chairman Dennis Kucinich (D -OH)
noted in opening remarks that
dental offices constitute the largest
source of mercury in wastewater
flows. Mercury is found in dental
amalgam; commonly known as
"fillings" and its presence in the
waste stream is directly related to
dentists that do not practice amal-
gam separators.
Subcommittee members were
particularly concerned over the
serious health risks associated
with mercury exposure to children
and pregnant women. Lawmakers
noted that they were interested in
learning how effective state and
local programs requiring dentists
to install amalgam separators
were in preventing mercury from
going down the drain. Ann Far-
rell, CASA Federal Legislative and
Liaison Committee Vice Chair and
Director of Central Contra Costa
continued on page 8
* 3
County Sanitary District's Engineer-
ing Department, shared her district's
experiences coordinating with local
dental associations to institute a
mandatory dental amalgam sepa-
rator program. Farrell noted that
the development of outreach and
education materials was valuable in
securing the cooperation of dental
agencies and ultimately resulted in
dramatic declines of mercury levels
in the District's influent. However
she noted that without a mandatory
program, the reduction in mercury
levels would not have been realized.
Subcommittee panelists reserved
sharp criticism for the Ameri-
can Dental Association (ADA),
represented by William Walsh.
Kucinich and Ranking Republi-
can Dan Burton (R -IN) along with
Representative Dianne Watson
(D -CA) chastised the ADA for
their reluctance to cooperate
with state and local efforts to re-
duce the introduction of mercury
into wastewater streams. Walsh
testified that the ADA supported
voluntary programs as the ap-
propriate response. However, in
a protracted round of questioning
by the lawmakers, ADA's posi-
tion was demonstrated to be less
than effective. Witnesses from the
medical community and public
sectors produced ample evidence
that mandatory programs pro-
duced substantially better com-
pliance. Turning attention to the
need to address the issue with a
strong federal mandate, Watson
encouraged the subcommittee to
consider legislation (H.R. 2101)
that would require dental offices to
warn customers about the health
risks associated with amalgam
fillings. In closing the hearing, Ku-
cinich informed the subcommittee
that he intended to continue to
review the situation with the hope
of developing a strong record on
the matter that can bring about
effective changes in the manage-
ment of amalgam. As Congress is
expected to adjourn in September, it is con-
sidered unlikely that adequate time exists
for legislation to be acted on this year.
Chemical Security Bill Stalls
in the House
The effort to renew chemical security leg-
islation continues to stall in the House as
the Committee on Energy and Commerce
requested and received its fourth exten-
sion of time to consider the legislation: The
Chemical Facility Anti - Terrorism Act (H.R.
5577). The bill was originally considered
and approved by the Committee on Home-
land Security. H.R. 5577 would memorialize
chemical security regulations that expire
October 2009. The bill would also add new
chemical facility security requirements and
place management of the mandates un-
der the Department of Homeland Security
(DHS). H.R. 5577 would remove the exemp-
tion for water supply and wastewater facili-
ties that currently exists. This change would
subject publicly owned treatment works to
DHS regulation. The measure was reported
out of the House Committee on Homeland
Security on March 14, and has since been
ensnared in a jurisdictional tug -of -war with
the Committee on Energy and Commerce.
The House Committee on Energy and Com-
merce has maintained it holds primary juris-
diction over the bill. On June 12, the Sub-
committee on Hazardous Materials held a
hearing on the bill. The latest extension will
give committee staff an opportunity to
negotiate a bill over the summer. This,
if successful, would permit action in
the House in September. However, it
is still unclear whether a third commit-
tee, the Committee on Transportation
and Infrastructure (which has jurisdic-
tion over POTWs) will seek referral of
the bill to review impacts on POTWs.
Regardless of the outcome of negotia-
tions, it now appears likely that any bill
will not impose mandates to shift to
inherently safer technologies without
a thorough consideration of the costs
and benefits of any transition from
gaseous chlorine for example.
-----------------------------
House Appropriations
Committee Weighs in on
Chemical Facility Debate
Lawmakers on the House Committee
on Appropriations reportedly inserted
language into the Department of Home-
land Security (DHS) Fiscal Year 2009
spending measure encouraging DHS to
coordinate with the Environmental Pro-
tection Agency (EPA) efforts to protect
water infrastructure. The non - binding
language was included in the commit-
tee report accompanying the spending
measure. The committee report has
not been released to the public. The
report is said to acknowledge efforts by
manager's of the nation's public water
and wastewater systems to request the
federal government provide additional
guidance on how to maintain safe and
secure facilities. The report language
does not provide any funding for the
coordination effort. The language at-
tempts to weigh in on the current
dispute over the proper regulatory au-
thority for water and wastewater utility
security. Drinking water and wastewater
facilities are currently exempt from the
DHS' temporary Chemical Facility Anti -
Terrorism Standards, which are set to
expire in October in 2009.
Climate Change Policy
Influencing Presidential
Campaigns
The dominant environmental issue facing
both presidential candidates this elec-
tion is climate change. Both Senators
John McCain (R -AZ) and Barack Obama
(D -IL) have indicated climate change will
be a high priority in their administrations.
Both support a cap- and -trade system,
which would set an overall national cap
on carbon emissions, divide individual
allowances among companies that emit
carbon dioxide, and allow companies to
buy and sell allowances. Obama sup-
ports reducing emissions 80 percent
below 1990 levels by 2050, and reducing
emissions to 1990 levels by 2020. Mc-
Cain supports a slightly more modest ap-
proach by reducing emissions 60 percent
below 1990 levels by 2050, and reducing
emissions to 1990 levels by 2020.
Obama and McCain support the auction
of cap- and -trade pollution credits. Obama
would use auction credit revenue to off-
set transition costs, help families with
energy costs, and reinvest in clean energy
technology, while McCain would use pro-
ceeds to support research of technologies
such as carbon capture and sequestra-
tion. McCain was the only Republican pd-
mary candidate to make climate change
a part of his campaign agenda and to
regularly address it on the campaign trail.
McCain introduced the first Senate bill
attempting to curb global warming pol-
lution with Senator Joseph Lieberman (I-
CT), and reintroduced similar legislation in
2005 and 2007. McCain strongly supports
development of nuclear power through
federal subsidies as a means to reduce
greenhouse gas emissions on lower fossil
fuel dependency. Obama has indicated
the expansion of nuclear power must
first address fuel and waste security and
waste storage. Obama is a cosponsor of
the Global Warming Pollution Reduction
Act, viewed by many in the environmental
community as the most ambitious ap-
proach to climate change.
Climate change policy does command a
lot of attention on the campaign trail, but
other environmental policy matters are
also forming the basis of the campaign
debate.
Obama's website provides greater de-
tails on his views of water resources. He
supports full funding of the Clean Water
State Revolving Fund and plans on re-
storing federal financing for water and
wastewater treatment infrastructure. He
supports tougher air and water pollution
limits for livestock operations (CAFOs),
including limits on nitrogen, phospho-
rus, and other pollutants. He supports
traditional conservation programs, such
as the North American Wetlands Con-
servation Act and the Wetland Reserve
Program in the Farm Bill. Obama would
likely support pending chemical security
legislation as evidence by his support for
similar legislation sponsored by Sena-
tor Frank Lautenberg (D -NJ) in March of
2006. Obama indicated he would support
legislation "to reaffirm the historic scope
of the Clean Water Act to protect the
nation's waters ", including intermittent'
streams and isolated wetlands.
McCain focuses his attention on water
resources issues that are essentially
environmental stewardship programs
including the Conservation Reserve
Program and the Wetlands Reserve
Program that seek to reduce wetlands
loss, improve water quality and minimize
soil erosion. McCain does not have a
formally released position on chemical
facility legislation, although in a ques-
tionnaire on the matter he responded,
"we must be careful, however, to ensure
our security strategies are effective and
appropriate." McCain has not taken a
firm position on the Clean Water Resto-
ration Act.
McCain has not proposed a blueprint for
increased infrastructure financing. Mc-
Cain is a strong critic of how Congress
loads up infrastructure spending bills
with pet projects for Members. Obama
has proposed a $60 billion National In-
frastructure Reinvestment Bank over 10
years, and has indicated he wants to
leverage private investment to help fund
improvements. Obama is a co -spon-
sor of the National Infrastructure Bank
(S. 1926), which provides funding for
qualified infrastructure projects including
wastewater infrastructure projects.
------------------------------
Oil And Water Don't Mix;
Congress And White
House At Stand Still
Over Budget; Continuing
Resolution In Offing But
Government Shut -down A
Possibility
Escalating oil prices and Administration
efforts to use the cost of oil to justify in-
creased oil exploration offshore in coastal
waters of the U.S. have conspired to halt
action on the fiscal year 2009 appropria-
tions process as well as proposals by
the Democratic congressional leader-
ship to pass energy legislation that does
not include removal of the moratorium.
Congressional efforts to amend spending
measures with provisions to lift the mora-
torium on offshore drilling have caused
the delay in moving spending bills.
The delay in finalizing agency budgets
means that federal programs will, again,
function on a stopgap funding measure
through the end of the year. However,
the energy issues ranging from the price
of gas at the pump to the value of the
dollar, made the issues a political hot
potato and some supporters of lifting
the moratorium are proposing to amend
any stopgap measure with a provision to
allow such exploration. This is a remote
possibility, but it could result in a re -en-
actment of the government -wide shut-
down of the mid- 1990's. If this occurred
all project spending such as the SRF
program would come to a halt as would
permit renewals and other clean water
administrative matters.
Assuming that a shutdown does not
arise, congressional budget leaders ap-
pear to have settled on a strategy to
continued on page 10
wait out the White House until a new
President is sworn into office. This would
avoid a protracted veto fight during
the election cycle as well as avoid the
implementation of an Executive Order
that directs federal agency heads to strip
project funding that is not part of the
President's budget priorities.
Weeks before the effort to lift the mora-
torium came into the political mix, the
House Subcommittee on Interior and
Environment approved a bill to fund
EPA's water programs including the
State Revolving Loan Fund program.
Under the House bill, EPA's budget
would be funded at a level of 4.9 per-
cent or $1.3 billion above current year
spending. EPA would receive $7.8 bil-
lion. Much of the funding would support
air and climate change related programs
as well as the clean water and drinking
water state revolving loan fund pro-
grams. The clean water SRF program
would receive $850 million compared
with an EPA request or $295 million
above the request for fiscal year 2009.
If enacted into law, California would
receive approximately $62 million in fed-
eral POTW construction loan assistance.
The Senate Committee on Appropria-
tions was unable to complete action on
its EPA spending bill prior to the summer
recess. This means that Senator Dianne
Feinstein, who sits as the Chairwoman
of the Subcommittee on Interior and En-
vironment, has not had an opportunity
to finalize spending decisions. However,
past years' budget priorities before the
Senator's subcommittee have witnessed
support for a vibrant federal partnership
with local and state agencies charged
with protecting water quality. It is hoped
that when the Senate committee com-
pletes action on the EPA budget, the
SRF program will be restored to at least
a level similar to that approved by the
House Subcommittee on Interior and
Environment, $855 million.
Biosolids Management
Issues Slated For Senate
Hearings
Senate Committee on Environment
and Public Works Chairman Barbara
Boxer (D -CA) is contemplating conven-
ing a hearing into the management of
biosolids and their use for land applica-
tion. The issue gained prominence over
the past couple of months when the
committee received information on the
potential impact of biosolids on public
health and the environment, includ-
ing now discredited news reports that
questioned the safety of biosolids land
application.
CASA met with Senate committee staff
to explore the issue and provided back-
ground information on how California's
biosolids management program is pro-
tective of public health and the environ-
ment. Additionally, CASA has joined with
the Water Environment Federation (WEF)
and the National Association of Clean
Water Agencies (NACWA) to develop re-
sponses to committee concerns and to
prepare for any Senate hearing that ex-
amines how EPA regulates the use and
disposal of biosolids. No hearing has
been scheduled at this time and a hear-
ing, if held, would occur in September
before Congress adjourns for the year.
m
Clean Water Act
State Revolving Loan
Program Rewrite May
Receive Senate Committee
Attention In Final Days Of
110th Congress
After months of dedicating its attention
to climate change, the Senate Commit-
tee on Environment and Public Works
may be seeking consensus on how best
to renew the Clean Water Act's State Re-
volving Loan Fund program.
Last year, the House approved its mea-
sure, H.R. 720 that would provide almost
$15 billion in new funding authority to
support the SRF program over five years.
With the exception of a few provisions
mandating studies, the House bill repre-
sents a straightforward extension of the
program without policy changes such as
the allocation formula.
According to Senate committee staff, the
draft bill is expected to provide at least
$20 billion in assistance, and perhaps
address the need for increased atten-
tion to CSO /SSO project needs. An open
question that remains is whether the leg-
islation will seek to revive efforts made in
past bills to tie assistance to compliance
with the Clean Water Act. Staff indicate
that this issue has been a matter of
contention when the Senate attempted
to renew the program. It is considered
unlikely to surface this year if a bill is in-
troduced as such provisions would likely
doom any chance of a bill passing in the
limited time remaining in the session.
Additionally, it appears that the process
by which funds are made available to the
states, the allocation formula, may wait
for conference with the House rather
than addressing the matter in the bill.
The formula has not been updated for
almost 25 years. Another sticking point
in the past, the requirement that SRF -
funded projects comply with Davis -Ba-
con (prevailing wages) mandates may
be deferred until conference to avoid
protracted and potentially bill - killing
Senate floor debate. e
Special Report
Task Force Investigates CASA's Role
in Addressing Issues Surrounding
Maintenance of Private Sewer Laterals
by David R. Williams, CASA Director - At - Large and Private Sewer Lateral Task Force Chair
Privately -owned sanitary sewer laterals (private lat-
erals) can be significant contributors to both sani-
tary sewer overflows (SSOs) and inflow and infiltra-
tion (1/1) of stormwater into sanitary sewer systems.
While publicly -owned sanitary sewer systems in
California are now subject to comprehensive state-
wide waste discharge requirements, no similar
regulations exist for addressing private laterals,
which often account for half or more of the total
collection system and, if not properly maintained,
contribute to sanitary sewer overflows. Private
laterals are essentially '`out -of- sight, out -of- mind,"
arid, therefore, most property owners only react
when there is a sudden failure of their lateral.
On May 3, 2006, the State Water Resources Control Board
adopted Order WQ 2006 -03, which requires all public agen-
cies that own or operate sanitary sewer systems of one mile,
or more, in length to comply with significant new requirements
for sewer system operation and management and for report-
ing SSOs. The order does not regulate private sewer laterals,
and most local public agencies have limited or no jurisdiction
over these laterals. Currently, only a small number of the state's
roughly 1,000 public collection systems have successfully ad-
dressed the private lateral issue by using a variety of approach-
es to ensure maintenance of private laterals. Some agencies
perform private lateral inspections and repairs at the expense of
the agency, while others provide financial incentives for property
owners to repair laterals on a voluntary basis. Another approach
is to pass a private lateral ordinance that requires property own-
ers to inspect and repair laterals upon certain triggers, such as
point of sale or approval of building permits. For a variety of rea-
sons, however, most agencies do not pursue any regulatory or
maintenance programs for private laterals.
In 2008, CASA formed a Private Sewer Lateral (PSL) Task Force,
now composed of more than 25 representatives from the CASA
membership, to explore sponsoring legislation in California that
would address the issue of private laterals and their contribu-
tion to SSOs. The PSL Task Force is charged with framing pri-
vate lateral issues, evaluating alternatives to properly maintain
private laterals in the wastewater collection system to reduce
the potential for both blockages and 1/1 (and resulting SSOs),
presenting information on possible legislative approaches, and
a
providing recommendations to
the CASA Executive Board.
The PSL Task Force, with the
assistance of EMC Research,
an independent opinion re-
search company, developed a
survey on private lateral issues
to better gauge the current
state of private lateral pro-
grams in California and evalu-
ate CASA's possible role for
support via public outreach,
development of model ordi-
nances, or support for state-
wide legislation. The survey
was designed to collect infor-
mation from CASA member
agencies in three major areas:
1. Background information
on each agency, including
type and size of agency,
and history of any SSO or
1/1 problems
2. Information on any existing
private sewer lateral pro-
grams, including the ex-
tent of existing programs,
details of both successful
and failed programs, and
lessons learned from each
agency
3. Agency opinions on a wide
range of private lateral is-
sues, including the scope
of private lateral problems
in California, the need for
assistance in maintaining
private laterals, possible
options for statewide leg-
islation of private laterals,
and CASA's role in ad-
dressing the private sewer
lateral issue.
The survey was sent by e-mail
to the primary contact (usually
the general manager) of each
CASA agency and was also
posted on the CASA website.
Follow -up phone calls were
made to attempt to gather re-
sponses from as many agen-
cies as possible. The survey
responses are being used
to gauge the feelings of the
CASA membership and guide
CASA's future actions with
respect to private sewer lateral
issues. The results will allow
the Task Force to develop in-
formation on possible legisla-
tive approaches and provide a
recommendation to the CASA
Executive Board.
The results of the survey will
be presented to both the
CASA Executive Board and
the general membership at
the August conference in
Monterey. Highlights will
include statistics on current
agency lateral responsibilities,
details of individual case stud-
ies, and agency opinions on
what, if any, activities CASA
should pursue on the private
lateral issue including specific
components that might be
included in possible private
lateral legislation. Not only will
the results of the survey allow
the CASA Executive Board to
make informed decisions that
are reflective of the wishes of
the CASA membership, this
comprehensive analysis of
private lateral programs will
provide useful information for
collection system agencies
throughout the state. •
Legislature Scheduled to
Adjourn August 22
The Legislature is scheduled to adjourn
the 2007 -08 Legislative Session a week
early, on August 22, in order to allow
the Democratic legislators to attend
the Democratic National Convention.
The Republicans will head to their
National Convention on September 1.
The Governor will have 30 days from
the adjournment date to sign or veto
the hundreds of bills expected to reach
his desk in the final days of session.
The Legislature will return for one or
two days the first week in December to
organize and elect officers for the 2009-
10 Legislative Session, and then recess
until Monday, January 5, 2009. As a re-
sult of many Legislators being "termed
out," the 2009 session will begin with
27 newly elected Assemblymembers
and 11 new Senators, many of whom
will have moved up from the Assembly.
----------------------------
Budget Gridlock
As of this writing the Governor and
Legislature remain far apart on a bud-
get agreement. Republicans insist on
balancing the budget through cuts rath-
er than any tax increases or revenue
enhancements, but they refuse to spec-
State L e
islative Re ort by Mike Dillon, State Lobbyist
ify where the cuts would come from.
The Democrats have put forth a tax
increase proposal in the neighborhood
of $8 billion to avoid significant reduc-
tions in education, health and human
services, and prisons, which collec-
tively account for 90 percent of budget
expenditures. Thanks to the strong op-
position of CASA and ACWA members,
the earlier proposals by the Legislative
Analyst's Office (LAO) to shift property
taxes from water and wastewater agen-
cies to pay for costs of the so- called
"parole realignment," whereby the re-
sponsibility of released prisoners would
be shifted from the state to counties,
was defeated. A subsequent proposal
by the LAO also never made it into law
(see following article).
----------------------------
Legislative Analyst
Proposal Rejected
As mentioned above, the Legislative
Analyst's Office (LAO) proposal to use
property taxes from water and waste-
water agencies for "parole realignment"
has failed this year. However, the threat
to property taxes remains. You will re-
call from the spring conference report a
second LAO recommendation in which
the Analyst made the following com-
ment: "Within a couple years, we think
the Legislature should authorize county
boards of supervisors to determine
whether property taxes should remain
with the districts or be reallocated to
other local governments to support lo-
cal priorities. Because local communi-
ties have had no authority over property
tax allocation in nearly 30 years, we
are mindful that this process would
engender concerns by special districts
and significant public debate. While dif-
ficult, we believe that this result would
be a sign of a healthy local democratic
process, appropriately debating the al-
location of local revenues."
19
With next year's budget problems ex-
pected to be as bad as this year, water
and wastewater agencies will need to
be extra vigilant.
----------------------------
To Borrow or Not to
Borrow - Property Taxes
The possibility of the Legislature bor-
rowing approximately $1.8 billion in
property taxes from all local govern-
ments as allowed under Proposition 1 A,
remains high as of this writing, despite
the strong opposition of cities, coun-
ties, CASA, ACWA, CSDA, and others.
Democratic leaders have insisted that
they have no plans to borrow under
Proposition 1 A pointing to their ad-
opted budget plan which would gener-
ate $8 billion from taxes, while some
Republican leaders have pointedly said
that the option of borrowing is on the
table. Both parties have been critical of
the Governor's plans to generate new
revenues through the so- called "lottery
securitization" fund proposal, and the
accrual of August and September 2009
tax receipts that would be counted in
the 2008 -09 Budget year ending June
30. The latter approach by the Gov-
ernor is being referred to by many as
a "gimmick." However, this criticism
seems to be waning under the spotlight
of a late budget.
As reported previously in the July 22
Legislative Alert, Proposition 1 A says
that if the state borrows the property
taxes, the loss to all local agencies
within a county cannot exceed 8 per-
cent of the total amount allocated
among all local agencies, within that
county, for the preceding fiscal year.
The Legislative Analyst's Office tells us
that this would amount to about $1.8
or $1.9 billion of all property taxes, but
that the borrowing from any particular
segment of local government is not lim-
ited to the 8 percent. The LAO
staff says, "this could be 100
percent from special districts,
two percent for cities, five per-
cent for counties, e.g., from
all cities beginning with the
letter "B ", etc." In other words,
the Legislature has great flex-
ibility in how the funds would
be borrowed from local gov-
ernment. The LAO added,
however, that their office rec-
ommends against borrowing
property taxes, as the amount
is not large enough to solve
the Budget problem, and the
funds must be paid back.
SWRCB Water
Quality
Improvement
Initiative
In early June, the State Wa-
ter Resources Control Board
(SWRCB) released its Water
Quality Improvement Initiative
(WQII). The Clean Water Sum-
mit Partners subsequently sent
a joint letter to Tam Doduc,
Chair of the SWRCB, providing
preliminary comments on the
proposal. CASA's focus then
shifted to the Legislature and
speculation as to whether or
not Senate President Pro Tem-
pore Don Perata, author of SB
1176, which contained a few of
the provisions in the initiative,
would be the author. Our big-
gest concern, as the session
began drawing to a close, was
whether there would be an op-
portunity for CASA members
and other interested parties
to weigh in with their com-
ments. Fortunately, Senator
Perata and his key staff person
decided not to pursue the
Administration's proposal this
year. Instead, the Administra-
tion will introduce a bill in print
only before the Legislature
adjourns, thus allowing the
proposal to be reviewed and
discussed prior to next year.
We commend the Administra-
tion for taking this approach.
Bobbi Larson, CASA'S Director
of Legal and Regulatory Affairs,
will be providing a complete
overview of the Board's WQII
during Friday morning's public
policy session.
---------------- - - - - --
Battle Over AB 983
(Ma)
AB 983 by Assemblymember
Fiona Ma of San Francisco
continues to roll through the
Legislature despite the
strong opposition from over
50 organizations, including
CASA, ACWA, the League of
California Cities, California
State Association of Counties
(CSAC), school organizations,
and numerous individual cities
and counties. The bill passed
the Senate Judiciary Commit-
tee on a 5 -0 vote and off the
Senate Floor on a 33 -0 vote.
Proponents, major contractor
organizations, introduced the
bill after the court, in a case
known as Thompson v. City
of Sunnyvale, ruled in favor
of the city. AB 983 would
require a local government
entity, before entering into
any contract, to provide full,
complete and accurate plans
and specifications and esti-
mates for the cost of public
works. Because the bill was
a "gut and amend," mean -
ing it became an entirely new
bill relating to a new subject
matter in the Senate after it
had passed the Assembly, the
bill must go back to the As-
sembly for "concurrence" in
the Senate amendments. The
bill was heard on August 5, in
the Assembly Judiciary Com-
mittee when the Legislature
returned from its month -long
recess. While the Chair of the
Judiciary Committee Assem-
blyman Dave Jones and other
members were gracious with
their time to hear our argu-
ments, we were unable to stop
the bill. It may be that in the
future, that local government
contracts will have to include
requirements that the contrac-
tor review the bid, visit the
site, etc. before the contract is
finalized.
V;0
i
AB 2986 (Leno)
«Ag„ «B919 «C,„ «F„
Letter Grades
AB 2986 by Assemblyman
Mark Leno, chair of the As-
sembly Appropriations Com-
mittee, and newly elected
Senator, among other things
would require the State Water
Resources Control Board to
establish, after consultation
with stakeholders, a method-
ology for establishing a letter
grade of "A," "B," "C," or "F,"
which would be applied to ail
separate sanitary sewer sys-
tems, treatment plant, or com-
bined systems. The bill also
establishes a so- called "peak-
ing factor," meaning the ratio
of peak wet - weather flows
entering the sewage treatment
plant compared to average
dry weather flows entering the
plant. After July 1, 2010, the
Board is required to establish
a list of all treatment plants
that meet two conditions: 1.)
The treatment plant has expe-
rienced a peaking factor that
exceeds the designated peak-
ing factor established by the
board, 2.) Peak wet weather
flows have either caused or
contributed to discharges in
violation of waste discharge
requirements from the plant.
Additionally, any satellite sew-
er system that discharges to a
treatment plant that has been
placed on the list would be
required to install and operate
flow meters.
The author's background
statement provided to the
Assembly Environmental
Safety and Toxic Materials
Committee analysis makes
reference to two major spills
in January of this year and
states: "More than five mil-
lion gallons of untreated and
partially treated sewage was
discharged into Richardson
Bay from a treatment plant run
by the sewerage agency of
Southern Marin." The author's
statement continues: "The
Marin spills are indicative of a
statewide problem with sew-
age treatment plant capacity,
sanitary sewer overflows and
system leaks that compro-
mise health, safety, and water
quality in our rivers, estuaries,
bays, and the ocean." CASA
and our allies ACWA, CWEA,
the League of California Cities,
and CSAC were concerned for
example that earlier versions
of the bill would have included
factors in the grading such as
violations of acute or chronic
toxicity tests, and other fac-
continued on page 14
tors, rather than merely the unauthor-
ized discharges of untreated or partially
treated sewage from a treatment plant.
For sewer systems a grading based
on up to six factors, was limited to the
total volume and number of overflows.
Additionally, for sewer systems a grad-
ing system that was originally based
on up to six factors was limited to
total volume and number of overflows
only. While CASA certainly would have
preferred no bill at all, we at least ac-
knowledge the cooperative effort of the
author, the author's staff and sponsors
of the measure in addressing the ma-
jority of CASA's concerns. As a result
of the many modifications, the CASA
State Legislative Committee voted to
change our position from "oppose" to
"neutral." CASA's Bobbi Larson, Sharon
Green (Los Angeles County Sanitation
Districts), Terri Mitchell, (Sacramento
Regional County Sanitation District) and
others have collectively spent hundreds
of hours in meetings and on conference
calls attempting to eliminate or modify
many of the objectionable features of
the measure. Their efforts on behalf of
CASA are much appreciated.
---------------------------
Other Bills of Interest
AB 642 Wolk, supported by CASA
would authorize a city, county or special
district to use design -build contracting
to construct up to 20 local wastewater
treatment plants or water recycling fa-
cilities. The bill is expected to reach the
Governor's desk. AB 1946 Nava, op-
posed by CASA, which would authorize
district attorneys to bring civil actions
onto the water code on behalf or the
Regional Water Quality Control Boards
rather than the Attorney General, as
allowed under current law. The bill is
expected to reach the Governor's desk.
AB 2270 Laird and Feuer, supported
by CASA, relating to recycling, but
also contains a provision that makes it
easier for local agencies to address the
issue of water softeners, when neces-
sary, to comply with increasingly strin-
gent salinity limits. The water softener
industry is strongly opposing this bill,
and we are uncertain what final action
the Governor will take when the bill is
on his desk.
CASA Schedules "Day In
District" for February `09
Many organizations have shifted from
traditional legislative days in Sacra-
mento to the "Day in the District" be-
cause of travel costs and the inability
to get quality time with Legislators as
opposed to junior staff members. As
Legislative Chair and incoming Presi-
dent, Harry Price reported at the April
conference that CASA's Executive
Board had discussed both options,
and determined that a grassroots, lo-
cal lobbying effort through a "day in
the district" could be a very success-
ful program for CASA, as it encour-
ages widespread participation in the
membership, and is an effective way
to present CASA legislative issues to
individual Legislators in their district
offices. Legislators generally return to
their district offices Thursday after-
noon and are generally available on
Fridays for quality meeting time as op-
posed to their hectic schedules while
in Sacramento.
The purpose of the meetings would
be for CASA members to introduce
themselves to new and returning Leg-
14
islators in their district, provide information
about their agency, avail themselves as a
resource, and discuss any legislative is-
sues that may be anticipated in the 2009-
10 legislative session. Individual agencies
may also take this opportunity to invite
their Legislators to tour local facilities. In
the coming months CASA will be deciding
on a Friday in February 2009 possibly the
6th or 13th. CASA will provide a sample
letter to member agencies that can be
used in requesting the appointments, as
well as information and talking points for
the meeting. We have determined that it
would be difficult for the CASA office to
send a notice for the event to all 120 leg-
islators as CASA does not have member
agencies in many legislative districts, and
some of our large agencies provide service
in many legislative districts. For example,
LA County Sanitation Districts collectively
is represented by several dozen Legisla-
tors. In such instances, we will likely focus
on key committees, such as the Environ-
mental Quality committees and the Local
Government committees.
In instances where a legislative district
encompasses several agencies, one CASA
member should be established as the
contact person for the district meeting.
This volunteer lead member would set up
the time for the meeting and encourage
other members to join him or her at the
meeting. Finally, CASA members would
be encouraged to provide any feedback
information that they think would be help-
ful to CASA's lobbying efforts to the CASA
office. A feedback form will be provided in
the meeting packet.
----------------------------
Legislative Information
iA full summary of these bills and other
legislation CASA is following may be found
on www.casaweb.org under "Members
Only" and "State Legislation." •
Special Report
What's Around the Corner
The Water Estimation of Mercury
Environment Research Bioaccumulation Potential from
Foundation Helps Wastewater Treatment Plants In
Find Answers To the Receiving Waters
Mercury Problem (publication: Spring, 2009)
Over 2,000
in setting the mercury TMDL for the San Francisco Bay,
U.S. water-
regulators acknowledged that WWTPs accounted for a
- bodies are
small percentage of the estimated total mercury enter -
classified
ing the Bay. However - and this is a big difference - the
as impaired because of mercury,
U.S. EPA and others were concerned that the mercury
and EPA and the states are devel-
discharged from WWTPs may contain a larger fraction
oping total maximum daily loads
of bioavailable mercury than other sources. Bay Area
(TMDLs) for mercury. California is
Clean Water Agencies (BACWA) is collaborating with
aggressively leading the way, and
WERF to study the issue.
one of the responses to the new
TMDL requirements was a State
David Dean of ArcTellus, Inc. and Robert Mason, Ph.D.,
Water Resources Control Board
University of Connecticut, lead the research team. The
plan to clean up the San Francisco
WERF advisory committee includes national experts,
Bay. The plan requires major re-
including five from California: Richard Looker, San
ductions from about 50 publicly
Francisco Bay Regional Water Control Board; David
owned wastewater treatment plants
W Tucker, City of San Jose; Vicky Fry, Sacramento
and 15 businesses with industrial
Regional County Sanitation District; and Michele Pla,
wastewater treatment.
BACWA. Mike Connor, San Francisco Estuary Institute,
chairs the group.
The Water Environment Research
Foundation (WERE) aims to provide
To determine if mercury discharged from a WWTP
plants with
wastewater treatment plan
t with
is more or less bioavailable than mercury from other
the information they need
sources, researchers profiled conditions that affect
ment cost - effective control mea-
bioavailability, and examined the forms of mercury that
sures that produce real reductions
bioaccumulate in aquatic food chains. Researchers
of the forms of mercury that cause
reviewed literature on conventional and emerging tech -
the most damage. In 2005, WERF
nologies that remove mercury from effluent streams or
initiated a project to help WWTPs
that alters mercury bioavailability, and then developed
minimize mercury emissions in
a procedure to assess mercury's relative bioavailability
biosolids incinerators and, in 2007,
in various watershed sources. (WERF will publish the
it started research to estimate the
Phase I report this spring, but WERF subscribers can
"bioaccumulation potential" of
view the draft upon request. Contact WERF project
mercury in wastewater effluent.
manager Jane Casteline at jcasteline4werf.org.)
California wastewater experts are
intimately involved in forming and
Phase II builds on the findings. Researchers are now
directing these projects.
testing the model and will produce real -life guidance to
help wastewater treatment professionals manage their
mercury discharges. The guidance will especially help
rule out capital- intensive advanced treatment that has
little water quality benefit.
� b
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ecc (P
eV A
, r'N
,10
Minimizing
Mercury Emissions
In Biosolids
Incinerators
(publication: Autumn, 2008)
The 234 biosolids incinerators
located in the U.S. are a minor
source of mercury, contributing
roughly 0.5 percent of the total
amount of mercury annually emit-
ted to the atmosphere in North
America. Nevertheless, they are
targets for reducing mercury
emissions.
WERF's research will provide the
technical information necessary
to recognize, sample, analyze,
and evaluate multiple mercury
species. Operators at plants that
incinerate can use the data to
specify and design cost- effec-
tive mercury removal systems
and processes.
Central Contra Costa Sanitary
District (CCCSD) and the Na-
tional Association of Clean Water
Agencies (NACWA) are funding
this work in part. The project is
overseen by a WERF subcommit-
tee that includes CCCSD's Jim
Kelly and Randy Schmidt. •
Le al Affairs Report
, ,
by Roberta arson Director , Legal & Regulatory
*W , Affairs
Court Rejects State's
Mootness Argument; CASA
and Vacaville May Proceed
With Regulatory Challenges
in the Vacaville Permit
Litigation
In yet another victory for CASA and Vacav-
ille in a long series of procedural and legal
hurdles, a Contra Costa Superior Court judge
has ruled that key claims in the Vacaville
permit litigation may proceed to a deci-
sion on the merits. The State Water Board
had argued that the legal challenge to the
State Water Board's final order on the City
of Vacaville's 2001 permit was moot, in light
of the Central Valley Regional Water Quality
Control Board's issuance of a revised permit
to the City in April 2008 and the approval of
a de- designation of the municipal beneficial
use from Old Alamo Creek, the agricultural
channel into which the City's treatment plant
discharges. The Court was originally inclined
to declare the entire lawsuit moot and dis-
miss all claims. After spirited oral argument
in April, Judge David Flinn took the matter
under submission to reconsider his position.
The Court issued a tentative ruling on June
2, 2008, holding that the Second Cause of
Action — challenging the blanket designa-
tion of municipal drinking water beneficial
uses under the State Sources of Drinking
Water Policy —and the Ninth Cause of Ac-
tion— challenging prospective incorporation
by reference —have become moot.
CASA and Vacaville filed a motion asking
that the judge reconsider his determination
that the Second and Ninth Causes of Ac-
tion are moot. The motion pointed out that
the Second Cause of Action challenges the
determination of beneficial uses for New
Alamo Creek based on incorporation by
reference into the Basin Plan of the State
Water Board's Sources of Drinking Water
Policy (Resolution 88 63). The Ninth Cause
of Action relates to whether certain water
quality standards in the Basin Plan based on
incorporation by reference of drinking wa-
ter maximum contaminant levels are lawful
regulations. The City's new discharge permit
includes requirements for discharge to New
Alamo Creek that are based directly on the
same challenged regulations. The petitioners
argued that these claims challenge the legal-
ity of the underlying regulation —the Basin
Plan —not merely its application in the City of
Vacaville's individual permit. The motion also
noted that the Second Cause of Action is
very similar to the First Cause of Action chal-
lenging the lawfulness of blanket designation
of beneficial uses via the Tributary State-
ment; both are challenges to the method
used by the Regional Water Board -- and en-
dorsed by the State Water Board -- for desig-
nating uses, not simply the de- designation of
the municipal use for Old Alamo Creek.
Judge Flinn was persuaded. On July 17,
2008, the judge ruled that CASA and Vacaville
may proceed to the merits on the Second and
Ninth Causes of Action, along with the First
Cause of Action (lawfulness of the Tributary
Statement) and the 18th Cause of Action
(lawfulness of the Basin Plan). These issues
have already been fully briefed; the parties
appeared before Judge Flinn on March 20,
2008 prepared to argue these claims and,
before hearing any substantive argument,
the judge ordered supplemental briefing on
the mootness issue, which had been raised
by the State Water Board in its opposition
papers. CASA and Vacaville were to submit
a supplemental brief on the merits by August
6, 2008; the State Water Board's opposition
was filed August 20, 2008, with oral argument
scheduled for August 28, 2008. •
1 F.
Validity of Kern
Bio- solids
Ordinance Now in
the Hands of the
Ninth Circuit
Briefing is now complete in
the United States Court of AF
peals for the Ninth Circuit on
Kern County's appeal of the
invalidation of the County's
initiative ordinance ban-
ning biosolids beneficial use
(known as "Measure E "). Kerr
seeks to overturn the ruling
by U.S. District Court Judge
Gary A. Feess that found Mea
sure E constitutionally invalid
and preempted by State law.
(City of Los Angeles, et al. v.
County of Kern, at al., Case
No. CIV -06 -5094 GAF, August
10, 2007.) Judge Feess ruled
in August 2007 that Kern's
ordinance violates the Com-
merce Clause of the U.S. Con.
stitution and the California In-
tegrated Waste Management
Act. On the Commerce Clause
claim, the Court ruled that
the discriminatory intent and
effect of Measure E required
that the ban be subjected to
strict scrutiny, and that Kern
could not pass this test be-
cause Kern made no attempt
to show that its environmental
goals could only be met by
a complete ban. On appeal,
Kern argues that the Com-
merce Clause does not apply
to Measure E because there is
no "out -of- state" land applier
directly impacted by Measure
E, and hence no "interstate
commerce" impacts. Kern
also argues that the ordinance
is not discriminatory because
in -county interests are also
banned from land applying
on unincorporated lands and
because no economic benefits
accrues to the County as a
result of the ban. Finally, Kern
seizes on a reference in the
lower court opinion to fly and
odor issues associated with
land application in order to
argue that a compelling envi-
ronmental and public health
rationale for Measure E exists
that save the ordinance from
the strict scrutiny test applied
to discriminatory legislation.
The opposition brief filed on
behalf of CASA, the City of
Los Angeles and other numer-
ous plaintiffs who prevailed in
the trial court, rebutted each
of these arguments, many of
which are not new. As stated
in the District Court opinion,
biosolids are articles in in-
terstate commerce and the
record shows that Kern's ban
will in fact create significant
impacts out of state, e.g., the
likely diversion of biosolids
to Arizona and other impacts
on the interstate solid waste
market. As for the scope of
the ban, only Plaintiffs such as
the City of Los Angeles in fact
land applied biosolids in unin-
corporated Kern County when
Measure E was passed, and
a stated intent of the ban is to
protect agricultural business
interests within the county. Fi-
nally, the passing reference to
flies and odors is insufficient
to establish a compelling inter-
est to support the complete
ban, and is at best a disputed
fact that cannot be raised
now, given Kern's own motion
for summary judgment.
Kern did introduce one new
argument in its Reply Brief,
based on the United States
Supreme Court's most recent
Commerce Clause decisions
in United Haulers Ass 'n v.
Oneida - Herkimer Solid Waste
Mgmt. Auth., - U.S. -, 127 S.
Ct. 1786 (2007) and Depart-
ment of Revenue v. Davis,
- U.S. -, 128 S. Ct. 1801 (2008).
Kern argued that Measure E
applies only to "public enti-
ties" and therefore evades
Commerce Clause scrutiny.
CASA and its fellow plaintiffs
believe these cases are in-
applicable in the context of
Measure E. The cases upheld
a flow control ordinance ben-
efiting a publicly owned waste
processing facility and a state
regulation of municipal bonds
that assessed lower taxes for
in -state bonds. The Supreme
Court reasoned that local and
state governments may leg-
islate in their own favor when
they are directly participat-
ing in the market or exercis-
ing their public functions. In
contrast, Measure E enacts a
county-wide blanket ban on
land application and cannot
be consistently interpreted
as favoring public facilities at
the expense of other private
interests.
With regard to Judge Feess'
conclusion that Measure E is
preempted by the California
Integrated Waste Manage-
ment Act, Kern argues that the
cases do not support preemp-
tion. This argument essentially
ignores California Supreme
Court precedent, which states
that when a statutory scheme
promotes an activity and at
the same time permits more
stringent local regulation of
that activity, "local regulation
cannot be used to completely
ban the activity or otherwise
frustrate the statute's pur-
pose." That is precisely what
Measure E attempts to do.
The Ninth Circuit is not ex-
pected to issue its ruling until
early 2009.
CASA Petitions
U.S. Supreme
Court to Review
Decision that
Significantly Limits
the Use of Offsets
in NPDES Permits
On July 3, 2008, CASA, the
National Association of Clean
Water Agencies and the League
of California Cities (Petitioners)
jointly petitioned the U.S. Su-
preme Court to review the Ninth
Circuit decision in Friends of
Pinto Creek v. U.S. Environmen-
tal Protection Agency (2007)
504 F.3d 1007 (Pinto Creek). In
Pinto Creek, nongovernmen-
tal organizations challenged
a permit issued to a mining
company by the U.S. Environ-
mental Protection Agency (EPA)
under the National Pollutant
Discharge Elimination System
(NPDES) program. (The State
of Arizona had not assumed
primacy for NPDES permits at
the time.) The permit authorized
discharges of copper into a
water body listed as impaired
for the pollutant under section
303(d) of the Clean Water Act
(CWA). The permit required the
mining company to remediate
an abandoned mine upstream
to offset the copper discharge,
reduce overall copper loads to
the creek and ensure compli-
ance with state water quality
standards. The EPA Environ-
mental Appeals Board upheld
the permit.
On appeal, the Ninth Circuit
held that the permit violated
the CWA and federal regula-
tions at 40 C.F.R. § 122.4(i).
The regulation prohibits the
issuance of NPDES permits
to new sources or new dis-
chargers where the discharges
would "cause or contribute" to
water quality violations of im-
paired waters. The Ninth Circuit
ruled that EPA and the states
generally may not issue NPDES
permits for new discharges
even where an offset condition
requires the permittee to reduce
the net load of the pollutant to
the water body. Pinto Creek
arguably forecloses offsets as a
means to permit new discharges
to impaired waters that lack a
total maximum daily load (TMDL)
for the pollutant of interest.
The Petitioners' brief in support
of review by the U.S. Supreme
Court explains that Pinto Creek
is inconsistent with existing
case law and the CWA's goal to
restore and maintain the integ-
rity of the Nation's waters. The
brief also explains how Pinto
Creek jeopardizes state efforts
to achieve and maintain water
quality standards and provide
other environmental benefits
through the use of offsets. The
brief provides examples of offse
policies and programs in the
context of NPDES permits for
publicly owned treatment works
(POTWs). For example, Petition -
ers described the critical role
of offsets to reduce mercury in
the Bay -Delta and nutrients in
the Laguna de Santa Rosa to
achieve water quality standards
Petitioners explained that many
impaired water bodies lack TM-
DLS, which may take a decade
or longer to complete. Mean-
while, populations continue to
grow and public agencies must
construct new POTWs.
Petitioners urged the U.S. Su-
preme Court to review Pinto
Creek and rule that EPA and
states may permit new dis-
charges to impaired waters
where offset to improve water
quality. Permitting authorities
need regulatory flexibility to ad-
dress complex water quality
problems that involve multiple
sources. •
lu Biosolids Program Reporl
by Greg Kester, Biosolids Program Manager
1 have been "on the job"
for just over a year as of
this writing and cannot
overstate my continued en-
thusiasm and excitement in
dealing with the challenges
facing us in the California
biosolids program. I have
truly appreciated every-
one's warm welcome. My
efforts have continued in
trying to meet as many of
you as possible and touring
your wastewater treatment
plants as well as your land
application sites or alterna-
tive disposition locations.
1 believe this is critical so
that I can better under-
stand your programs and
your issues and then work
with you to find solutions.
Please do contact me to
set up a visit, if you have
not already done so.
I would like to update you
on several issues of inter-
est regarding biosolids:
U.S. Senator Barbara Boxer
Maintains Interest in Biosolids
Land Application
CASA has continued its dialogue on biosolids
issues, with key staff to Senator Barbara Boxer
and the Committee on Environment and Public
Works (EPW), which she chairs. The Senator
has articulated an interest in holding Commit-
tee Hearings on biosolids, but no date has yet
been set. After several calls with key EPW staff,
CASA provided them, credible and contradic-
tory information on the two recent Associated
Press articles which were critical of biosolids
recycling; information supporting the success
of the industrial pretreatment program and its
positive impact on effluent and biosolids qual-
ity; and a summary of biosolids management
practices utilized in California. We will continue
to ensure that the Senator and the EPW com-
mittee have access to relevant research and
the beneficial realities of biosolids recycling.
Clean Water Summit Partners
Host Roundtable with Cal EPA
At the Clean Water Summit meeting on June
19, 2007, it was determined that we should
develop an educational forum for the benefit
of the Water, Integrated Waste Management,
18
and Air Boards of Cal EPA. The resultant Bio-
solids Cross -Media Roundtable was held in
Sacramento on May 16th, and by all accounts
was deemed very successful. High ranking rep-
resentatives of the Integrated Waste Manage-
ment Board, the State Water Quality Board, the
State Air Board, the San Joaquin Valley Air Dis-
trict, the South Coast Air District, Cal Trans, the
Central Valley Regional Water Board, and EPA
Region 9 were in attendance, as well as repre-
sentatives of all Clean Water Summit Partner
organizations. Mike Moore (OCSD), Frank Ca-
pon! (LACSD), and Ed Torres (OCSD) provided
succinct overviews of cross media impacts that
have affected biosolids use as a direct result of
SJVAPCD rule 4565, SCAQMD rule 1133.2 and
SCAQMD rule 1110.2, respectively. A candid
and open dialogue of all participants followed
in which it was acknowledged that while regu-
latory agencies do sometimes work in silos,
that framework is often dictated by federal and
state law. At the same time it was recognized
that better communication and awareness will
help alleviate cross media impacts in the future
To that end, it was agreed that checklists will
be developed that regulatory agencies can use
when contemplating new regulations for the
purpose of identifying and further assessing
such impacts that may arise as an unintended
consequence of the regulatory action. The
Clean Water Partners are working to draft the
checklists and will present them to the regu-
lators for further refinement. The roundtable
would not have been possible without the
invaluable assistance of John Pastore, Mary
Jane Foster Foley, and Mike Moore.
Status of Lawsuit against UGA
and Individuals Within EPA
Former EPA employee and whistleblower Davit
Lewis and two farmers who have repeatedly
sued the City of Augusta, Georgia, the Univer-
sity of Georgia, EPA and others, over the past
10 years, related to land application of bio-
solids filed a new lawsuit in 2006, which was
sealed in secrecy until recently. The lawsuit
was filed against a number of individual re-
searchers and administrators at the University
of Georgia, and individuals
within EPA. Much of the case
reiterates claims made by Dr.
Lewis and anti - biosolids ac-
tivist Caroline Snyder several
years ago with respect to a
paper published in the Janu-
ary/February 2003 Journal of
Environmental Quality by UGA
and EPA researchers. Lewis
and Snyder claim that ana-
lytical data was fraudulently
presented in that paper and
grants were awarded to UGA
based on that fraud. I remain
confident that the authors
will be fully exonerated as the
data in question is presented
correctly but the opponents
are unclear on how to convert
percent to mg /kg. A simple
math error forms the basis
of their claim, in which they
would argue that cadmium
was some 12 million parts per
million, which is an impossibil-
ity. The defendant's recently
rejected the Judge's recom-
mendation that the parties
engage in arbitration. No trial
date has yet been set but I will
keep you posted.
Associated Press
Issues Retraction
on Baltimore Com-
post Article
On June 13th the Associated
Press released as close to a
retraction as is possible on
their earlier negative article on
the biosolids compost used
in urban Baltimore as part of
a research project to examine
its benefit in remediating soil
highly contaminated with lead.
I and Dr. Sally Brown spoke
about this research and ar-
ticle at the Lake Tahoe CASA
conference in April, and noted
how misrepresentative the
article was. In the June 13th
release, Mike Silverman, the
AP's senior managing editor,
said the original April 14 story
"Sludge spread around city
homes" suggested the com-
post "could be riskier than has
been shown so far.
"It is a subject of scien-
tific debate," Silverman said.
"Many researchers believe
the compost is safe, but there
are some who believe it may
be dangerous and should be
studied further.
"The original AP story leaned
too heavily on the latter view.
That was unbalanced, and it
created a distorted impression
about the level of risk in the
Baltimore experiment."
Please contact me if you
would like either article or the
CASA memo on the topic.
County Ordinances
San Luis Obispo County has
an ordinance modification
out for public comment, that
would prohibit all but a limited
quantity of Exceptional Quality
biosolids from land applica-
tion. It would also require all
biosolids used as compost
feedstock to be exceptional
quality, prior to composting.
In addition, CASA is continu-
ing to evaluate its options for
responding to Measure X,
the Imperial County initiative
ordinance that bans all im-
portation of biosolids. A legal
challenge to the ordinance,
which is clearly vulnerable un-
der both federal constitutional
grounds and under State Law,
is being considered.
-- - - - - - - - - - - - - - - - - - - - -
Arizona State Land
Department New
Draft Policy on
Biosolids
The Arizona State Land De-
partment has released a new
draft policy regarding the
land application of biosolids
to state owned land. The
new policy would drastically
limit what could be applied to
state land. Of specific con-
cern is whether the AZ Dept.
of Environmental Quality will
need to modify their existing
regulations to mirror this pol-
icy. Conversations with AZD-
EQ, have not indicated this is
the case, but comments are
recommended nonetheless.
The draft policy provisions of
greatest concern include the
following:
1. It would only allow excep-
tional quality biosolids to
be land applied.
2. It sets cumulative load -
ing rates for all regulated
pollutants plus CR, MO,
and PCBs at the resi-
dential soil remediation
limits set by AZDEQ. This
would appear to discount
the exhaustive peer re-
viewed risk assessment
conducted by EPA, in lieu
of non - comparative soil
limits. I and many across
the nation have had this
argument many times. Soil
remediation limits are to-
tally inappropriate for use
as a limit in a beneficial
land application program.
They create an apples to
oranges comparison.
Insurance or surety bonds
in the amount of $5000
per acre would be required
for any land application
program.
E- Subscribe to the
Biosolids Listsery
i A biosolids communication
tool known as a Listsery has
been created for the benefit
of all CASA members. This
tool is used for electronic
information exchange by
members to inquire about
biosolids issues from others
in the field. Please contact
Greg Kester if you would like
to subscribe to the listserv.
Also it should be noted that
thus far the listserver has
functioned as a one -way
communication tool from
Greg to the list members. It
is hoped that more of you will
take advantage of the two -
way capabilities as any list
member can send a ques-
tion or comment to the entire
group.
continued on page 20
Fire Reclamation
Biosolids Research
CASA's Biosolids Program has
worked with researchers at
Utah State, the University of
Washington, and EPA Regions
8 and 9, as well as profession-
als from the U.S. Forest ser-
vice in California, EPA, several
CASA members, and others to
develop a research proposal
to study the benefits of biosol-
ids and biosolids compost for
the purpose of reclaiming fire
ravaged land. The proposal
has been submitted to the
Water Environment Research
Foundation (WERF) and the
National Science Foundation's
Water Quality Center at the
University of Arizona for fund-
ing. Preliminary reaction from
WERF has been favorable.
CASA was also contacted by
UC- Riverside and the CIWMB
to participate in similar re-
search that UCR will conduct
under a grant from CIWMB.
Inland Empire Utilities Agency
will assist with the research
which is set to begin this fall.
National Biosolids
Partnership Update
As Co -Chair of the Advisory
Committee, and a member of
the Steering Committee to the
National Biosolids Partner-
ship (NBP), a series of recom-
mendations for changes to the
EMS audit requirements were
developed and presented to
the NBP Steering Committee at
recent meetings. The changes
are intended to provide more
flexibility for Agencies desir-
ing less frequent audits or who
wish to utilize other means of
demonstrating strong programs
than independent third party
verification. These are encapsu-
lated in a newly defined tier sys-
tem. Those desiring Platinum
level third party certification
will continue with the current
requirements and will be clearly
recognized as achieving that
superior achievement. These
and other changes have been
incorporated into a new busi-
ness plan which is intended to
offer a means to fund the NBP,
in light of non - renewal of Con-
gressional earmark funds.
-------- - - - - --
Rapid Incident
Response
Research
At the Water Environment
Research Foundation (WERF)
biosolids research summit in
2003, key stakeholders were
brought together to recom-
mend and prioritize national
research needs for the biosol-
ids program. The number one
need identified was an inves-
tigative protocol that could be
used whenever a complaint
of adverse health effects was
received that the caller at-
tributed to biosolids land ap-
plication. WERF funded this
project, with assistance from
EPA and I have been serving
on the Project Sub Committee
since its formation. Research
has been conducted by the
University of North Carolina.
The project has been staged
into three phases. Phase 1,
which has now been complet-
ed developed the investigative
protocol; Phase 2 will pilot test
the protocol in the field and
modify it as necessary, and
Phase 3 will make the proto-
col available nationally and
include the development and
distribution of communication
tools. This project was the first
"public partnering" effort by
WERF which meant that inter-
ested members of the public
were included on the PSC.
This yielded both challenges
and ultimately a better work
product. The Phase 2 contract
should be awarded in the next
month and work should begin
very soon thereafter.
Pacific Southwest
Organic Residuals
Symposium
The 3rd annual Pacific South -
west Organic Residuals
Symposium is scheduled for
September 30- October 2, at
UC- Davis. This promises to be
a very informative symposium
spearheaded by EPA Region
9, UC -Davis and many oth-
ers. Maximizing environmental
benefits is this years' theme
with a focus on cross -media
issues. A state of the science
forum on the use, persistence,
and impacts of triclosan and
triclocarban in the environ-
ment, especially when intro-
duced through effluent or bio-
solids, should be of particular
interest.
Biosolids Survey
A biosolids survey was devel-
oped with input from several
key biosolids managers in the
state and was sent to almost
200 facilities in the state on
March 27th. This will update
the last CASA survey which
was done in 1998. Results
have been received from ap-
proximately 60 facilities, and
interpreting the data is an
ongoing process. In hindsight
the survey should have been
shorter and more succinct
so that data could have been
more easily extracted. We will
j still summarize results and
publish a report on California
biosolids management based
on the survey response. Up
to date information on how
biosolids are generated and
used is a critical need and it is
hoped this survey will provide
that information. •
k tEnsuring Clean Water for California
Central Contra Costa Sanitary District 7.4.-7)
September 4, 2008
TO: HONORABLE MEMBERS OF THE BOARD
FROM: MARIO M. MENESINI, BOARD MEMBER W
SUBJECT: CSDA REPRESENTATIVE
Attached is a memo from the California Special Districts Association requesting the
nomination of a representative to the CSDA Board of Directors for Region 3, Seat C.
Each Region has three seats on the CSDA Board, and our current three representatives
are James Kohnen, Sherry Sterrett and Joan Gallegos, The term for Seat C, occupied
by Joan Gallegos, is expiring, and Joan is not running again. Each term is for three
years. There are five candidates who are requesting our nomination, and their
information is attached. They are:
• Stanley R. Caldwell
• Vincent C. Ferrante
• Raymond S. Honan
• Sherry Riddle
• Kathryn Slater - Carter
I have personal knowledge of Stanley Caldwell, having worked with him on Special
District programs. He is currently a Board Member on the Mt. View Sanitary District
Board of Directors and is knowledgeable and experienced. I would recommend that we
support his nomination as our representative to Region 3, Seat C.
2007 -08 CSDA BOARD OF DIRECTORS TERMS
REGION ONE SEAT Seat Expires
Mark Bryant (2000) A 2009
Alan Schoenstein (2007) B 2010
Phil Schoefer (2005) C 2008
REGION TWO
Larry Brilliant (2006) A 2009
David Edwards (2007) B 2010
Pete Kampa (2005) C 2008
REGION THREE
James Kohnen (2003) A 2009
Sherry Sterrett ( *1997) B 2010
Joan Gallegos ( *2002) C 2008
REGION FOUR
Ann Mathews ( *2005) A 2009
Sandy Young (2006) B 2010
Thomas LeClair (2005) C 2008
REGION FIVE
Jack Curtis (2003) A 2009
John Fox (2001) B 2010
Jim Acosta (2002) C 2008
REGION SIX
Jo MacKenzie (2003) A 2009
Arlene Schafer ( *2000) B 2010
Dewey Ausmus ( *2007) C 2008
*appointed
(year) = service began
Stanley R. Caldwell
75 Cecilia Lane
Martinez, California 94553 -1455
925 - 228 -8922 (home)
925 - 842 -1617 (work)
Stan—Caldwell@comcast.net
July 25, 2008
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553 -4316
RE: Election Region 3, Seat C - California Special Districts Association
Dear Region 3 Special District,
My name is Stanley Caldwell and I respectfully ask for your vote. As a California Special
Districts Association (CSDA) board member, I will apply my experience, commitment
and leadership to be effective, efficient, and responsive to special district needs. As an
experienced elected official I have the dedication, commitment and knowledge to be an
effective and responsible board member. For the past 15 years, I have been a
dedicated board member of the Mt. View Sanitary District (MVSD) in Martinez, CA.
Since being elected in November of 1993, 1 have faithfully and diligently served MVSD
and my local community. Please consider me for Director of Region 3 in the upcoming
election.
Elected officials should have a solid working knowledge of how government functions in
order to serve their constituents best. I have that experience as an active board member
of MVSD. By being an active participant at the California Association of Sanitation
Agencies (CASA) and the California Special District Association (CSDA), I enhance my
ability to serve in a director position. Currently I serve on two CSDA committees; the
Fiscal Committee and the Membership & Recruitment Committee. At CASA, I currently
serve on the private sewer lateral taskforce workgroup. I am the current MVSD
representative to the Local Agency Formation Commission (LAFCO) in Contra Costa
County. I have been active in the Contra Costa County Special Districts Local Chapter.
I also serve my community as a member of the Shell Community Advisory Panel.
As a director for the MVSD, words like perseverance, character, competence,
collaboration, and excellence are taken very seriously. These ideals are at the core of
the MVSD strategic values and I am proud to serve there. My future plans entail being
more involved by representing California Special Districts. If elected I would continue to
provide the leadership that makes CSDA a success.
If elected I am committed to providing the leadership that makes CSDA a success by
achieving open communication through teamwork and a spirit of goodwill; supporting
educational and training opportunities at CSDA; ensuring that all of the legal
requirements are met and applied consistently, and working together to achieve
excellence. Together, through continued advocacy, education, and the value -added
services that CSDA provides, we can positively affect all special districts, their
operations and service to constituents.
Please see the enclosed document "Director Stanley Caldwell a candidate for CSDA
Board ", which provides additional information about my role and tenure at Mt. View
Sanitary District. If you have any further questions, you can reach me via email at
stan_caldwell @comcast.net. With your vote, I will bring my experience and dedication
to CSDA. I look forward to serving all of the special districts in region 3. Thank you for
your consideration.
To learn more about the Mt. View Sanitary District please visit the district web site at
www.mvsd.org. Please do not hesitate to contact me for any additional information.
I have the desire to be more involved and would be proud to serve you as Director of
Region 3. 1 have the dedication, commitment and knowledge to be an effective and
responsible board member. I ask for your support and vote.
Sincerely,
Stanley Caldwell
Mt. View Sanitary District Board Member
California Special Districts Association Region 3 Seat C Candidate
Director Stanley Caldwell a candidate for the CSDA Board
Background information and history with Mt. View Sanitary District (MVSD):
I am proud of the pioneering efforts that the Mt. View Sanitary District has taken to help
improve the way the district treats and reclaims its wastewater. The District was the first
in the entire West Coast to develop and use secondary treated wastewater for the
creation and enhancement of wetlands. This was complimented by the District
becoming the first publicly owned treatment works (POTW) in Northern California to use
ultraviolet disinfection full scale, eliminating the use of all gaseous chemicals and their
byproducts.
The following are highlights of my three terms in office at MVSD:
• 1 have been a board member since December 1993 (Elected November 1993).
• 1 was on board for the UV Startup in November of 1994.
Appointed board President November 1994.
The MVSD education program started up approximately in 1992 with the In -Class
Program (1992) followed by The Interpretive Center Program which started in
1996.
• Partnered with Central Contra Costa Sanitary District (CCCSD) to provide Contra
Costa County with first permanent Household Hazardous Waste Collection
Facility (HHWCF) in 1997 and has exceeded projected use each year
since. (Shared CAUEPA Award for the collection facility).
• 1 was on the Planning Committee for the construction of the District's
Administration Building and Learning Center.
• 1 helped with arranging for the Conservation Easement with East Bay Regional
Parks District (EBRPD) for management of the McNabney Marsh in the spring of
2000.
• While on board we successfully acquired from the San Francisco Bay Regional
Water Quality Control Board (SFBRWQCB) several National Pollution Discharge
Elimination System (NPDES) permits.
• Every year since being a director the District has been on time and on budget.
• During my time on the Board we have also successfully negotiated several
leases that have provided resources for the District:
3 Cellular Sites
2 Billboards
Chevron/Valero pipeline servicing station next to the Valero's pigging station.
Chevron Wetlands mitigation for the McNabney Marsh.
• During my tenure as a board member we have effectively communicated to
constituents via our newsletter and web site. I have written several articles or
have suggested articles or content for the newsletter and web site. I have also
contributed numerous news articles to the local newspaper the Martinez News
Gazette.
MVSD has held numerous open houses -since 1995.
• We actually reduced rates (after the UV startup) in 1996.
1 promoted and provided much input for the Strategic plan adopted in 2004 and
have worked on updates to the plan annually.
• I have served on Finance /Budget committee and Public Information committee at
MVSD.
• 1 worked on a subcommittee with staff and counsel to negotiate the current
garbage franchise agreement.
Additional Information
I am a dedicated and active board member. I have served several times as the board
president, and currently serve as Vice President. I enhance my ability to serve as a
director by being an active participant at California Association of Sanitation Agencies
(CASA) and the California Special District Association (CSDA). In 2006 1 began serving
on the following two committees for the California Special Districts Association;
Membership & Recruitment Committee and the Fiscal Committee. I am the current
MVSD representative to Local Agency Formation Commission (LAFCO). I have also
been active in the Contra Costa County Chapter Special Districts Association.
As past Board President and as a current member of the Finance Committee I have
sincere appreciation for the efforts required for the planning, the scheduling, and of
delivering all of the materials in a timely manner to create and adopt a budget. I have
served on this committee several times. Since being a board member MVSD has had a
reliable and accurate budget which has never been exceeded.
I am firmly committed to upgrading essential facilities as required to improve reliability
and at the same time protect public health and the environment.
I developed formal written evaluations for manager performance — this was previously
not as frequent and it was only done verbally.
Recognition and Awards while serving as board Member
MVSD has received numerous Association Awards such as:
• California Water Environment Association San Francisco Bay Section's
Treatment Plant of the Year in 1995, 1996, 1998, 2001 and 2005. Their section
and their State level Public Education Award for Small Budget in 1996 for the
Interpretive Center Program. Their Engineering Achievement Award in 1995.
• Their Section Public Education Award for 2005.
• California Association of Sanitation Agencies 2001 Public Service Award for
Public Education Program.
Mt. View Sanitary District has received numerous awards from governments and
professional associations for achievement in plant operations, pollution prevention, and
environmental education. Among the awards received in the most recent past are
several listed below:
2001
• California Water Environment Association San Francisco Bay Section
Plant of the Year Award.
• California Association of Sanitation Agencies Public Service Award
Public Information Program.
2003
• National Wildlife Federation School yard habitats Certificate of Achievement.
• Bay Area Green Business Program Certified Green Business.
2004
• Association of Bay Area Governments Recognition for Outstanding
Accomplishments and Exemplary Leadership in achieving Green Business
Certification.
• MVSD was first publicly owned treatment works in the entire Bay Area to be
certified as a green business.
2005
• California Water Environment Association San Francisco Bay Section
Plant of the Year Award.
• California Water Environment Association San Francisco Bay Section
Public Education Award.
2006
California Regional Water Quality Control Board- San Francisco Bay Region
Excellence in Pollution Prevention Award March 2006.
MVSD which serves parts of the City of Martinez and the eastern portion of
unincorporated Martinez received the above award in the category of "Outstanding
Public Outreach." MVSD is a leader in developing educational programs and teaching
manuals to educate children about pollutants and how they enter the environment.
MVSD collaborates with the Lindsay Wildlife Museum to conduct an extensive county-
wide pollution prevention education and outreach program. MVSD has developed model
educational references about local marsh ecology, aquatic and terrestrial field guides for
children, sewer science, and pollution prevention alternatives for the home.
On Going
MVSD often holds or sponsors the following Special Events:
• Earth Day Watershed Cleanup Activity (annually in April)
• Pollution Prevention Week Activity (annually in September)
• American Wetlands Month (annually in May)
• Open Houses
Stanley R. Caldwell
California Special Districts Association
Election Region 3, Seat C
I would like to take this opportunity to introduce myself to you. My name is Stanley
Caldwell serving within Region 3 in Contra Costa County on the board of directors for
Mt. View Sanitary District (MVSD) located in Martinez CA. I have faithfully and diligently
served MVSD and my local community.
If elected I would continue to provide the leadership that makes CSDA a success.
I am a dedicated active board member of MVSD. By being an active participant at the
California Association of Sanitation Agencies (CASA) and the California Special District
Association (CSDA), I enhance my ability to serve in a director position. Currently I
serve on two CSDA committees; the Fiscal Committee and the Membership &
Recruitment Committee. At CASA, I currently serve on the private sewer lateral
taskforce workgroup. I am the current MVSD representative to the Local Agency
Formation Commission (LAFCO) in Contra Costa County. I have been active in the
Contra Costa County Special Districts Local Chapter.
As an experienced elected official I will continue to be effective, efficient, and
responsive to special district needs; achieve open communication through teamwork
and a spirit of goodwill; continue to support educational and training opportunities at
CSDA; ensure that all of the legal requirements are met and applied consistently; work
together to pursue and achieve excellence. Together through continued advocacy,
education, and the value -added services that CSDA provides we can positively affect all
special districts and their operations and service to constituents. I have the dedication,
commitment and knowledge to be an effective and responsible board member.
To learn more about the Mt. View Sanitary District please visit the district web site at
www.mvsd.org. Please contact me for any additional information. Thank you for your
consideration.
June 29, 2008
Attention: CSbA
Diana Zavala
1112 I Street, Suite 200
Sacramento, Ca 95814
Dear Diana Zavala and members of the CSDA Board:
Please consider this my letter of interest for the CSDA, 2008 Board Vacancy Region 3, Seat C,
Board of Directors.
I am well qualified for this position, having served as an elected official on the Moss Landing
Harbor District Board of Harbor Commissioners since 2003, running unopposed as an incumbent in
the last general election. I currently am serving as Chair of the Moss Landing Harbor District
Uve- aboard Committee and vice Chair of the Moss Landing Harbor District Property Improvement
Committee. I was appointed to the Monterey County Overall Economic Development Commission by
the County Board of Supervisors and serves as Vice Chair of its Grants and Finance Committee.
By this appointment, I believe the Monterey County Board of Supervisors has demonstrated
confidence in my fiscal abilities, experience and insight.
I am retired from the retail food industry where I gained in -depth experience in business
economics. I am also an active member of the community, serving on many committees and boards
including the Central Coast Federal Credit Union Board of Directors, Vice Chair of the Salinas,
California Ichiki- Kushikino Sister City Organization (of which I was named member of the year in
2005), Trustee of Salinas, California Sons of Italy in America Lodge and Chair of the City of
Monterey's annual Festa Italia Festival Parade, Salinas Valley Chamber of Commerce, I serve on
the Chamber's Government Review Committees, On -Site School Council for Everett Alvarez High
School and have just recently retired from coaching high school basketball.
I have also completed the CSDA Special District Governance Academy in Governance Foundations,
Setting Direction /Community Leadership, Board's Role in Finance and Fiscal Accountability and
Board's Role in Human Resources.
I am very experienced in budgeting, project management, report preparation, public speaking,
legislative issues and participate in the SDA of Monterey County. I believe my dedication to
special districts makes me an excellent choice to represent local government agencies interests at
CSDA.
SincereJ�/,
Vi ent C. Fe me
missioner Moss Landing Harbor District
RAYMOND S. HONAN
205 Wildwood Drive, South San Francisco, CA 94080
Mr. James Kelly, General Manager
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553 -4316
Dear Mr. Kelly:
I have been nominated by the San Mateo County Mosquito and Vector Control
District Board of Directors to serve on the California Special Districts Association
(CSDA) Board of Directors, representing Region 3 and would very much
appreciate your support
I have been a Trustee on the Board of Directors for the San Mateo County
Mosquito and Vector Control District for four (4) years, the General Manager of
the Murphy's Sanitary District for two (2) years and a 30 -year employee of the
City of South San Francisco retiring as the Environmental Compliance
Coordinator in 2004.
I believe in the vision of the California Special Districts Association and I am
excited about its potential. The CSDA has grown steadily in size and scope over
the past years. It continues to be a bigger voice for all Special Districts as
regulations and state laws change. If elected, I would focus on the following:
1. Continue to strengthen ties with community leaders,
2. Work to build more programs for our members and
3. Focus on the continued growth of the CSDA.
It is important to have a strong statewide presence and I would work with other
board members to broaden our outreach and to assist in establishing programs
that address the specific needs of our member agencies.
Local Government and Special District's have played a prevailing role throughout
my professional life. I have the requisite experience and am committed to work
on your behalf. I would be honored to serve on the CSDA Board and ask for
your vote.
Sincerely,
i
Raymond S. Honan
Jul 16 08 09:39a Ray Honan
RAYMOND S. HONAN
CANDIDATE STATEMENT
209 - 286 -1201 p.2
Experience
• Trustee, San Mateo County Board of Directors Mosquito and Vector
Control District
• General Manager, Murphy's Sanitary District
Environmental Compliance Coordinator, City of South San Francisco
It is with the highest degree of regard for the California Special Districts
Association (CSDA) that I have decided to seek a seat on its Board of Directors.
My professional career provides me with the experience and qualifications to
work effectively as a board member. This coupled with my commitment to public
service and the two personal attributes of access and accountability that I
consider critical to leadership would serve me well as your representative.
The CSDA has grown steadily in size and scope over the past years. As
regulations and state laws change, it is important that the CSDA continue to be a
major voice for all Special Districts and enhance its statewide presence.
I believe in the vision of the California Special Districts Association and am
excited about its potential. I pledge to work to broaden its outreach and to assist
in establishing programs that address the specific needs of our member
agencies.
My goals would be to:
continue to strengthen ties with community leaders,
work to build more programs for members, and
focus on the continued growth of the California Special Districts
Association (CSDA)
Thank you for your consideration. I respectfully ask for your vote.
Jul 20 08 02:55p G. Riddle 707 - 448 -3311 p.2
Off° FROM THE DESK M 11 4
TERRY RIDDLE 3479 Pleasants Trail
Vacaville, CA 95688 -9793
(707) 448 -3311
CSDA Candidate's Statement
Let me introduce myself. I am Terry Riddle, a resident of Solano County for
19 years, and have been retired from a government agency for a number of
years. Our family owns a small ranch outside of Vacaville, and we raise
Corriedale sheep.
I am a candidate for the California Special Districts Association Board of
Directors, Region 3. My association with a variety of county boards and
committees can provide the background necessary to fulfill the duties of a
director on the CSDA.
I am currently an Associate Director on the Solano Resource Conservation
District (SRCD) of Solano County. I have served the SRCD for many years
as a Director and Vice President, and as Chairm6n and Vice Chairman for the
Solano County Wildlife Committee. I am currently serving my second term
as a Commissioner on the Solano County Parks and Recreation Commission,
and I am a member of the Solano County Water Agency's Flood Control
Advisory Committee.
To further my service to Solano County, I served two terms on the Solano
County Grand Jury. The 2005 -2006 Grand Jury conducted an investigation
of Special Districts in Solano County. The investigation revealed a lack of
public awareness or understanding of Special Districts, their purpose, or how
Special Districts benefit the public.
My interest in becoming a Director for the California Special Districts
Association is to promote Special Districts and to provide the public with
information on the many valuable services Special Districts provide.
Terry Riddle
CSDA Candidate
Region 3 - Seat C
Kathryn Slater - Carter for CSDA Board
Region 3
Please vote for me the CSDA Board. Clearly you recognize the importance of a
statewide organization for special districts as you are a member of CSDA. If elected I
commit to take a very active role in continuing to build the membership and reach of the
organization in order to promote the effectiveness of special districts in meeting the needs
of communities across the state.
CSDA offers special districts an opportunity to build networks around common areas of
interest and concern. As a result we become more effective in delivering our services to
our local districts.
CSDA offers districts the opportunity to build bridges to our state legislators. I think the
ability of special districts to share a common voice in Sacramento will become even more
important in the future as California struggles for solutions to our budget deficit.
I am beginning my fourth term on the Montara Water and Sanitary District. During that
time I have watched the importance of our statewide and regional special district
organizations grow. This is my second year as president of the San Mateo County
Special District Association. I have represented my district there for eight years. I am
currently on the CSDA Membership Committee.
At the CSDA events I have met many special districts representatives from all over the
state. I have not been surprised to learn that districts have many similar concerns,
regardless of their specific function. These are the issues that CSDA is uniquely
positioned to address from our knowledgeable staff to the classes and workshops we offer
to the readily available on -line support. I will listen and act to improve the accessibility
of CSDA to each member organization.
Thank you for your continuing membership in CSDA.
Please vote for me, Kathryn Slater - Carter.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 8.a. Engineering
Type of Action: AUTHORIZE AGREEMENT AMENDMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH HDR FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE ELECTRIC BLOWER RENOVATION PROJECT, DISTRICT PROJECT 7272
Submitted By: Initiating Dept. /Div.:
Michael J. Penny, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
*11�6a I�Tr re-;Ir� - Z- ok
KC Penny fhan t. ' c i A. Farr I James M elly
General Manager
ISSUE: Board of Directors' authorization is required for the General Manager to amend
an existing professional services agreement beyond staff authority limits.
RECOMMENDATION: Authorize the General Manager to amend an existing
Professional Engineering Services Agreement with HDR from $80,000 to $190,000 for
the Electric Blower Renovation Project, DP 7272.
FINANCIAL IMPACTS: The additive cost of this amendment, including District staff
time, will be approximately $140,000. Future design and construction costs will be
developed as part of the scope of work.
ALTERNATIVES /CONSIDERATIONS: An alternative would be to conduct this project
using in -house engineering. This project requires specialized expertise, which is not
available to the District at this time.
BACKGROUND: In March of 2007, the District retained HDR to evaluate the aeration
needs for the treatment plant's activated sludge process. Air is essential to the
treatment process. Preliminary results from HDR's evaluation indicate that the District
can defer the renovation of the aeration process by seven to ten years. This is possible
due to the significant air loss savings achieved by the on -going aeration basin
renovation project and the ability to upgrade the capacity of the existing electric blower
by ten percent.
The evaluation also indicated that if full treatment plant flow nitrification is mandated by
regulations in the future, renovation of the existing aeration system would be needed to
meet the additional air demands. The District's current aeration system may not be the
best alternative to accomplish this requirement. A feasibility study is needed to
determine the most cost effective approach for providing nitrification of the entire
treatment plant flow to properly complete the electric blower study.
N: \PESUP \Position Papers \Penny \7272 Authorize Agreement Revision PP.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: September 4, 2008
subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH HDR FOR PROFESSIONAL ENGINEERING SERVICES FOR
THE ELECTRIC BLOWER RENOVATION PROJECT, DISTRICT PROJECT 7272
This nitrification feasibility study will look at a minimum of:
• Conventional nitrification
• Membrane Bioreactor (MBR)
• Biofor® (or other biologically- active filter) Process
• Ammonia Stripping
• Ion Exchange
• ThermoEnergy Ammonia Recovery Process
The study will also develop sizing criteria, new process locations, and cost data that will
be useful in developing long term financial planning.
This study is needed for two additional reasons. The first is to determine a more
permanent solution to provide industrial users with recycled water. The second is to
address ammonia loading on the San Francisco Bay. Researchers recently published
two papers that looked at the role of ammonia in the Bay. They found that very low
levels of ammonia interfere with phytoplankton metabolism that is potentially related to
the decline in fish populations in the Bay. If the results are confirmed, our ammonia
discharge limits may be lowered such that nitrification is required.
HDR was selected for the electric blower study because they presented the best overall
team, experience, and technical approach. HDR also has expertise in nitrification and
will be adding team members with that expertise.
Staff has concluded that the proposed agreement is exempt from the California
Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since
it involves planning tasks for possible future actions which the District has not approved,
adopted, or funded, and the outcome of these tasks will not have a legally binding effect
on later activities. Approval of this agreement will establish the Board of Directors'
independent finding that this project is exempt from CEQA. The District will conduct an
environmental evaluation of any capital project that is proposed in the future as a result
of these studies to determine the appropriate CEQA compliance documentation.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
amendment to the existing Professional Engineering Services Agreement with HDR for
the Electric Blower Renovation Project, District Project 7272, in the amount of
$110,000.
WPESUP \Position Papers \Penny \7272 Authorize Agreement Revision PP.doc Page 2 of 2
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 8.b. Engineering
Type of Action: AUTHORIZE AGREEMENT AMENDMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH DCM ENGINEERING FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE A -LINE RELIEF INTERCEPTOR, PHASE 2A, DISTRICT
PROJECT 5980
Submitted By: Initiating Dept. /Div.:
Paul Seitz, Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
P*
P. Seitz A. Rozul i A. Fa II es M. Ifelly,
lVeneral Manager
ISSUE: Board of Directors' approval is required to execute amendments to agreements
beyond staff authority limits.
RECOMMENDATION: Authorize the General Manager to amend an existing
professional engineering services agreement with DCM Engineering from $45,000 to
$75,000 for the A -Line Relief Interceptor, Phase 2A.
FINANCIAL IMPACTS: The additional cost for design services during construction will
be approximately $30,000. The estimated cost for design services during construction
is approximately $75,000.
ALTERNATIVES /CONSIDERATIONS: Use another consultant, which is not
recommended since DCM Engineering performed the geotechnical studies for and is
knowledgeable with the A -Line Relief Interceptor, Phase 2A Project.
BACKGROUND: DCM Engineering has provided geotechnical services during design
and construction of the A -Line Relief Interceptor project. Recently, the contractor made
an error setting the guidance system for the installation of the 72 -inch Reinforced
Concrete Pipe (RCP). The error translated to the 72 -inch RCP being installed over
2 feet above design grade. Due to this error, and other project issues that have arisen
during construction, additional support will be required from DCM Engineering.
Currently, there is an existing professional engineering services agreement with DCM
Engineering, which has a cost ceiling of $45,000. This cost ceiling will need to be
amended by $30,000. Therefore, a revised cost ceiling of $75,000 has been
negotiated with DCM Engineering.
N: \PESUP \Cbradley \Position Papers \Seitz \5980 Amend DCM PP.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: September 4, 2008
Subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH DCM ENGINEERING FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE A -LINE RELIEF INTERCEPTOR, PHASE 2A, DISTRICT
PROJECT 5980
The A -Line Relief Interceptor, Phase 2A, is included in the 2008 -2009 Capital
Improvement Budget on pages CS -67 through CS -69. Staff has determined that there
are adequate funds available and that the expenditure requirements are consistent with
the Collection System Program.
RECOMMENDED BOARD ACTION: Authorize the General Manager to amend an
existing professional services agreement with DCM Engineering from a cost ceiling of
$45,000 to a cost ceiling of $75,000 for design services during construction for the
A -Line Relief Interceptor, Phase 2A, District Project 5980.
WPESUP\Cbradley \Position Papers \Seitz \5980 Amend DCM PP.doc Page 2 of 2
Item Sb
A -Line Interceptor Project
72 -inch Pullback
Operation
Central Contra Costa
Sanitary District
Item 8b
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Pull-Back Plate
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Connection Rods
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Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 8.c. Engineering
Type of Action: APPROVE PROGRAM; AUTHORIZE AGREEMENT
subject: APPROVE AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN
AGREEMENT WITH THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
FOR A PHARMACEUTICAL COLLECTION PROGRAM.
Submitted By: Initiating Dept /Div.:
Curtis W. Swanson, Division Manager Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
,-w O-A�e- k�— 69-4
Wyatt C. Swans 8n A. Farrell James M. Ally
General Manager
ISSUE: The Board of Directors approval is requested to expand the scope of the
District's household hazardous waste collection program to include a County
pharmaceutical collection program.
RECOMMENDATION: Approve and authorize the General Manager to execute and
agreement with the Contra Costa County Office of the Sheriff for a pharmaceutical
collection program.
FINANCIAL IMPACTS: The estimated annual cost of collection and disposal of the
proposed pharmaceutical collection program with the County Sheriffs Office is $7,000
to $20,000. The cost of the collection bins is approximately $1500.
ALTERNATIVES /CONSIDERATIONS: Alternatives would be to do nothing or to
consider other types of pharmaceutical collection programs.
BACKGROUND: The presence of pharmaceuticals and personal care products in
water and wastewater is a growing national concern. The Environmental Protection
Agency and State Water Resources Control Boards are devoting more and more
resources to this issue. Recent news stories have brought public attention to drugs and
personal care product compounds in drinking waters. Unwanted drugs are often
disposed of into the sanitary sewer system, where these compounds pass through the
treatment process, and eventually flow into waterways.
Until mid -2005, residents were able to drop off unwanted or expired pharmaceuticals at
the Household Hazardous Waste Collection Facility (HHWCF). At that time, the Drug
Enforcement Agency (DEA) advised the District that accepting controlled medications is
not allowed under federal law. Because residents are not always aware of which
medications are controlled, the District realized that it could not fully comply with the
DEA regulations. The District stopped collecting pharmaceuticals and advised
residents to dispose of these wastes in the trash.
C: \DOCUME- 1 \eboehme \LOCALS -1 \Temp \PP Approve Pharm Coll Prog With CCC Sheriff W -O WC 9- 4- 08.doc
POSITION PAPER
Board Meeting Date: September 4, 2008
Subject APPROVE AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN
AGREEMENT WITH THE CONTRA COSTA COUNTY OFFICE OF THE SHERIFF
FOR A PHARMACEUTICAL COLLECTION PROGRAM.
To legally accept controlled pharmaceuticals, the collection program must be under the
responsibility and control of a law enforcement agency. In March 2008, the District
approached the Contra Costa County Office of the Sheriff about a partnership to legally
accept pharmaceuticals. The Sheriffs Office was receptive to the proposal and staffs
have developed a proposed pharmaceutical collection program.
Under the proposed program, residents would drop off unwanted or expired
pharmaceuticals in secure collection bins to be located at the County Hospital in
Martinez. The Sheriffs Office will supervise collection of unwanted pharmaceuticals,
and will be responsible for the pharmaceuticals until removal by a disposal vendor. The
District will be responsible for the costs of the collection bins and disposal of the
collected pharmaceutical wastes. The proposed program complies with DEA
regulations.
Originally, the District proposed that the collection bins be located at the HHWCF under
the lock and key of the Sheriffs Office. However, the Sheriff's Office feels that the bins
need to be under the physical supervision of the Sheriffs Deputies. The Sheriffs Office
has Deputies stationed at the County Hospital at all times.
The disposal cost estimate is $7,000 to $20,000 per year based on collecting
approximately 5,000 to 15,000 pounds of pharmaceutical wastes. The cost of the two
collection bins is $1500.
Staff discussed the concept of a County pharmaceutical collection program with the
Board HHW Committee on July 29, 2008.
RECOMMENDED BOARD ACTION: Approve and authorize the General Manager to
execute and agreement with the Contra Costa County Office of the Sheriff for a
pharmaceutical collection program.
C: \DOCUME-1 \eboehme \LOCALS -1 \Temp \PP Approve Pharm Coll Prog With CCC Sheriff W -O WC 9- 4- 08.doc
Central Contra Costa Sanitary District
August 28, 2008
TO: HONORABLE MEMBERS OF THE BOARD
VIA: JAMES M. KELLY, GENERAL MANAGER C
FROM: ANN E. FARRELL, DIRECTOR OF ENGINEERING I�
CURTIS SWANSON, ENVIRONMENTAL SERVICES DIVISION MGRMvivy--�
DAVID WYATT, HOUSEHOLD HAZARDOUS WASTE SUPERVISOR*
SUBJECT: PROPOSED WALNUT CREEK PHARMACEUTICAL COLLECTION
PILOT PROGRAM
On July 29, 2008, staff discussed with the Household Hazardous Waste Committee the
status of the CCCSD- County Sheriff Pharmaceutical Collection Program and concepts
of a new Walnut Creek Pilot Pharmaceutical Collection Program. The Committee
suggested that staff prepare a memo to the Board describing the Walnut Creek
Pharmaceutical Collection Pilot Program and request Board direction.
ISSUE
The City of Walnut Creek and the Central Contra Costa Solid Waste Authority
(CCCSWA) have approached CCCSD about participating in a pilot pharmaceutical
collection program to be located at the Walnut Creek City Hall. The proposed District
role in the pilot study would be to manage and pay for the disposal of the collected
pharmaceutical wastes.
Under the proposed pilot program, residents would drop off unwanted or expired
pharmaceuticals in secure collection bins to be located at the Walnut Creek City Hall.
The Walnut Creek Police Department would supervise collection and storage of
unwanted pharmaceuticals and be responsible for the pharmaceuticals until removal by
a disposal vendor. CCCSD would retain a vendor to dispose of the pharmaceutical
wastes collected by the Police Department and pay for the disposal costs. CCCSWA
would provide the collection bins and publicity for the pilot program. The proposed
program complies with DEA regulations.
The pilot collection program would be conducted for six months. At the end of six
months, the pilot program would be evaluated for possible continuation.
H: \General Manager's Directory\Board Documents\2008 \Walnut Creek Pharms Memo to Board August 28 AEF.doc
Additionally, the City would like to pursue a joint pharmaceuticals mail back program.
The details are less well developed for this program, but in general terms, the
pharmaceuticals would be mailed to a site controlled by the Walnut Creek Police until
the pharmaceuticals are picked up for disposal.
The disposal cost estimate is $3,000 to $10,000 for the six -month pilot program based
on collecting approximately 2500 to 6000 pounds of pharmaceutical wastes. The
estimated amount of pharmaceutical waste is based on historical levels of wastes
collected by the HHWCF prior to 2005 and adjusted for heightened awareness of
pharmaceutical disposal problems by CCCSD residents.
BACKGROUND
Pharmaceuticals and personal care products are emerging pollutants of national
concern in water and wastewater. Recently, the Associated Press and local newspapers
have printed stories about the presence of a wide variety of drugs and personal care
product compounds in drinking waters. While most of the drug compounds present in
water and wastewater get there by passing through the human body, unwanted drugs
are often disposed of into the sanitary sewer system, pass through the treatment
process, and eventually flow into waterways. Many medical waste pollutants interfere
with growth, development, and reproduction capabilities of aquatic organisms.
Up until August 2005, the Household Hazardous Waste Collection Facility ( HHWCF)
accepted unwanted or expired pharmaceuticals from residents. At that time, staff
became aware of Drug Enforcement Administration (DEA) regulations limiting the
possession of controlled substances to the intended user, pharmacies, and law
enforcement personnel only. Since most residents are unaware of which drugs contain
controlled substances and staff could not avoid illegally handling controlled substances,
it was decided that the HHWCF would no longer accept pharmaceuticals until a safe
and legal method of collection was found.
Since 2005, staff has been working with local and regional authorities to safely and
legally collect pharmaceutical wastes for proper disposal. In March 2008, CCCSD sent
a proposal to the County Sheriffs Office and the County Environmental Health Division
for a partnership to conduct a pharmaceutical collection program for residents of Central
Contra Costa County. The District originally proposed that pharmaceuticals would be
collected in secure bins at the HHWCF under supervision of the County Sheriff. The
Sheriffs Office proposed that the collection bins be located at the County Hospital or the
Coroner's Division Office in order to be under full -time supervision of the Sheriffs staff
and ensure compliance with the law. CCCSD proposed to pay the costs of picking
pharmaceuticals up at the hospital and disposing of them. The Office of Sheriff supports
a collection program and has worked with CCCSD to develop a Memorandum of
Understanding for a pharmaceutical collection program.
The proposed pilot collection program in Walnut Creek would be similar to the program
between the Sheriff's Office and CCCSD. A collection location in Walnut Creek would
be more convenient for some residents. It may result in collection of a larger amount of
unwanted pharmaceuticals than a collection program in Martinez alone.
CONSIDERATIONS
As we have seen with mercury and other pollutants, pollution prevention by preventing
pollutants from entering the waste stream, can have benefits to all rate payers by
avoiding the need for expensive end of pipe treatment at our treatment facility. Using
the same logic, any program that can keep pharmaceuticals out of the waste stream for
a modest cost is worth consideration. Staff and the Board Household Hazardous Waste
Committee have agreed in concept to support a pharmaceutical take back program in
partnership with the County Sheriff. Similarly, it is appropriate to consider a policy
decision of whether to partner with Walnut Creek in this pilot effort. It should be
anticipated, that if the pilot program goes forward and is successful, Walnut Creek and
potentially other cities in the District's service area would request our continued
participation. The District's role in these cases could be to arrange for pickup and
disposal of the collected pharmaceuticals. The cost of such disposal is projected to be
moderate.
BOARD DIRECTION NEEDED
Board direction is needed on whether the District should partner with the City of Walnut
Creek in a six month pilot program to provide pharmaceutical collection at their local
police department. This partnership would consist of the District arranging and paying
for collection and disposal of the collected pharmaceuticals.
H: \General Manager's Directory\Board Documents\2008 \Walnut Creek Pharms Memo to Board August 28 AEF.doc
Central Contra Costa Sanitary District
August 29, 2008
TO: HONORABLE MEMBERS OF THE BOARD
VIA: JAMES M. KELLY, GENERAL MANAGER
FROM: ANN E. FARRELL, DIRECTOR OF ENGINEERING
DAVID WYATT, HOUSEHOLD HAZARDOUS WASTE SUPERVISOR
SUBJECT: REQUEST FOR GUIDANCE REGARDING HOME GENERATED
SHARPS DISPOSAL LAW CHANGE
In 2006, SB 1305 was enacted and requires, after September 1, 2008, that all "Home
Generated Sharps" (HGS or sharps) be collected by a Household Hazardous Waste
program, a home - generated consolidation point, a medical waste generator's facility, or
through the use of a medical mail -back program. Prior to this new regulation, Contra
Costa County Health Services (CCCHS) and the California Integrated Waste
Management Board (CIWMB) advised sharps users to collect their used sharps in a
durable non - recyclable sealed plastic or metal container and throw it in the trash. After
the 2008 deadline, trash disposal will no longer be an option.
In Central Contra Costa County alone, residents will generate nearly 400,000 sharps
each month. When sharps are improperly disposed, they pose a health threat to
sanitation workers, children, adults and pets.
Collection Programs
At present, there are no facilities in central Contra Costa County accepting sharps.
Plans by the Central Contra Costa Solid Waste Authority (CCCSWA) to have drop -off
points at area Longs Drug stores are on hold pending their purchase by CVS
Pharmacies. Although the Solid Waste Authority's program has stalled, they agree
sharps collection is a solid waste issue and they are intent on providing a collection
program.
The majority of the HHW programs in California accept sharps from residents; the two
other household hazardous waste facilities in the County accept sharps. Many provide
empty containers to the resident when they drop off a full container. The trend for
County and HHW programs is to look to hospitals, medical centers, and retailers to
provide no -cost sharps collection. Santa Clara County announced on today, August 28,
that they have enlisted 38 sharps collection sites in their county to take back sharps for
HAGeneral Manager's Directory\Board Documents\2008 \Sharps Disposal Law Changes to Board MS 8- 29.doc
disposal, all of which are required to pay for the collection and disposal themselves. San
Luis Obispo County's Integrated Waste Management Authority issued an ordinance that
requires all retailers that sell sharps to the public must take back the used sharps at the
retailers' expense.
CCCSD staff has received many calls from the public asking where to dispose of
sharps. Many of the calls have been directed to us from County and city offices saying
Central Contra Costa Sanitary District will accept them. Staff has informed the County
and City officials that the District does not accept sharps.
"Sharps" are listed on the CCCSD's website under the Household Hazardous Waste
Collection pages as unacceptable. We do, however, list links to four companies that
sponsor mail -in programs for sharps. All four companies charge for this service.
Were CCCSD's HHWCF to accept sharps, the cost of disposal could be up to $50,000
per year. CCCSWA staff has stated that they are working on a sharps disposal
program, and hope to have one in place by November.
Staff Recommendation: Direct staff to support franchised entities, hospitals, physician
practices, and agencies' development of a sharps disposal program. With Board
concurrence, CCCSD to explore the possibility of accepting sharps at our Household
Hazardous Waste Collection Facility as a disposal point of last resort while exploring
cost recovery for the District.
HAGeneral Manager's Directory\Board Documents\2008\Sharps Disposal Law Changes to Board MS 8- 29.doc
Item No. 8.c.1.
Pharmaceutical Collection
Program with County Sheriff
Curtis Swanson
September 4, 2008
Pharmaceutical Problems
+Emerging pollutants of concern.
+Endocrine disruption in aquatic life.
+Heightened public awareness due to
recent news stories about presence in
water supplies.
®Misuse of prescription drugs in homes.
1
j
Typical Pharmaceutical
Collection Breakdown
*Non- prescription items 60%
*Prescription items 30%
*Controlled substances 10%
Collection Dilemma
*Must be collected by a law enforcement
agency if handling controlled
substances.
*Residents & staff unaware of which
drugs are controlled substances.
*Proposed program with County Sheriff
complies with DEA rules.
*San Mateo County has similar program.
2
Proposed Collection Program
County Sheriff's Office will collect & store
pharmaceuticals at County Hospital.
* CCCSD will provide collection bins.
® Licensed vendor will pick up containers at
Sheriff's Office.
® CCCSD will contract with vendor & pay for
disposal.
® Pharmacist will perform periodic inventory of
collected pharmaceuticals.
Program Costs
+Collection Bins - $1500
+Disposal costs depend on volume of
collected pharmaceuticals.
+Estimated cost ranges from $7,000 to
$20,000 per year.
3
Recommendation
*Approve pharmaceutical collection
program with County Sheriff's Office.
*Authorize General Manager to execute
an agreement with the County Sheriff.
11
Central Contra Costa Sanitary District
REQUEST TO ADDRESS THE BOARD
Name: l�y2 ki
Address:
(optional)
Telephone:
(optional)
Do you represent an organization? ❑ YES ❑ NO
Name of organization: PAT. I\ C1 ))L!� r/L ► C,T"
d- ❑ FOR ❑ AGAINST
Agenda tern ber and letter
Date: S
(SEE REVERSE SIDE FOR INSTRUCTION)
t309A -5/99
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: September 4, 2008 No.: 9.a. Budget and Finance
Type of Action: APPROVE INVESTMENT POLICY
Subject: REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY
Submitted By:
Debbie Ratcliff, Controller
Initiating DeptJDiv.:
Administrative / Finance & Accounting
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Ratcliff %Jur aves
6 l
J#nes M. Ily,
Gl6neral Manager
ISSUE: The District's investment policy is reviewed and approved annually by the
Board of Directors in accordance with District Investment Policy.
RECOMMENDATION: Review, suggest any changes if appropriate, and approve the
District's Investment Policy.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: Additional investment options could be added
which fall within the permissible investments prescribed by the Government Code of the
State of California.
BACKGROUND: As amended in 2006, Section 53646 of the California Government
Code states that the Treasurer or Chief Fiscal Officer of the local agency may render to
the legislative body of that local agency a statement of investment policy, which the
legislative body of the local agency shall consider at a public meeting. Any change in
the policy shall also be considered by the legislative body of the local agency at a public
meeting. Also, a quarterly report may be rendered to the legislative body of the local
agency showing the type of investment, institution, date of maturity, amount of deposit,
current market value for all securities with a maturity of more than 12 months, rate of
interest, and such data as may be required by the local agency.
Although no longer required, it has been our practice and policy to render an annual
statement of investment policy to the District's governing Board for review and approval
as well as a monthly investment report. These provisions were previously incorporated
into our investment policy. District Counsel and staff reviewed the current California
Government Code, and found no required changes to the District's Investment Policy.
Also, the Board Budget and Finance Committee reviewed the investment policy. There
are no recommended changes to the investment policy this year.
N: \ADMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 04- 08.doc Page 1 of 5
POSITION PAPER
Board Meeting Date: September 4, 2008
subject REVIEW AND APPROVE THE STATEMENT OF INVESTMENT POLICY
RECOMMENDED BOARD ACTION: Review, suggest any changes if appropriate, and
approve the District's Investment Policy.
N :WDMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 04- 08.doc Page 2 of 5
Attachment
CENTRAL CONTRA COSTA SANITARY DISTRICT
STATEMENT OF INVESTMENT POLICY
The investment policy of the Central Contra Costa Sanitary District is embodied in the
following eleven sections:
Statement of Objectives
The temporary investment portfolio of the District will be managed to ensure
that normal cash needs, as well as scheduled extraordinary cash needs can
be met. Therefore, adequate liquidity will be the first priority. Second priority
will be the safety of the portfolio ensuring that the investments could be
readily converted to cash if needed without causing a material change in the
value of the portfolio. Lastly, the portfolio will be invested to attain a market
average rate of return, after meeting the first two previously stated objectives.
II. Permissible Investments
Within the constraints prescribed by the Government Code of the State of
California for permissible investments, the District's investment portfolio will
only be invested in the following instruments:
• United States Treasury Bills and Notes, and obligations of government
agencies for which the full faith and credit of the United States are
pledged.
• Bankers Acceptances, drawn on and accepted by a commercial bank,
which are eligible for purchase by the Federal Reserve System.
• Collateralized Certificates of Deposit issued by a Federal or State
chartered bank or a Federal or State chartered savings and loan
association.
• Negotiable Certificates of Deposit issued by a Federal or State chartered
bank or a Federal or State chartered savings and loan association.
• Commercial Paper of prime quality limited to corporations with assets over
$500,000,000.
• Medium Term Notes of a maximum of five years maturity issued by U. S.
corporations or any Federal or State despository institution.
• Local Agency Investment Fund of the State of California.
• Investment Trust of California (CaITRUST)
N:\ ADMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 04- 08.doc Page 3 of 5
III. Bank and Dealers
The District will use the services of the Treasurer's Office of the County of
Contra Costa which will transact the District's investment decisions in
compliance with the requirements described in this investment policy. The
County Treasurer's Office will execute the District's investments through such
brokers, dealers and financial institutions as are approved by the County
Treasurer, and through the State Treasurer's Office for investment in the
Local Agency Investment Fund.
IV. Maturities
The maximum maturity for investments of the District is one year. Prior
approval of the Board of Directors must be obtained to acquire investments
with maturities beyond one year. However, investments in Treasury Notes
and the Local Agency Investment Fund would not be subject to the one year
maximum maturity.
V. Diversification
To minimize the risk of loss through default, the total amount invested in a
single issuer will not be greater than 15 percent of the District's investment
portfolio value, except that the 15 percent limitation will not apply to United
States Treasury Bills and Notes and investment in the Local Agency
Investment Fund and CalTRUST.
VI. Risk
Credit and market risks will be minimized through adherence to the list of
permissible investments, a limit on maximum maturities, and the limitation on
the total investment in a single issuer.
VII. Delegation and Authority
The District Controller will be responsible for investment transactions which
should be made in accordance with this investment policy and within the
internal controls described in Section IX.
VIII. Prudence
Prudent judgment must be exercised by the District Controller responsible for
investment transactions undertaken in accordance with this investment
policy.
N: \ADMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 04- 08.doc Page 4 of 5
IX. Controls
The District Controller will establish subsidiary accounting records of each
investment which will enable the determination of income earned monthly and
through maturity, and the balancing of the principal amounts to a control
account in the general ledger. Internal control procedures will require the
countersignature of the Director of Administration for all transactions, which
are initiated by the Controller. The dollar limit of the Director of
Administration will be $5 million. Investment transactions which exceed $5
million will require the additional approval of the General Manager. Such
internal controls are to be reviewed by the District's independent auditors
annually.
X. Reporting
The District Controller will annually render a statement of investment policy to
the Board of Directors. The Controller will submit a monthly report to the
District's General Manager, Board of Directors and internal auditor showing
the type of investment, issuer, date of maturity, par (or face), dollar amount
invested, current market value of all securities, and the source of this same
valuation, and a statement of compliance of the portfolio with the investment
policy.
XI. Performance Evaluation
A performance evaluation will be completed by the District's independent
auditors every year, commencing with the 2004 -2005 fiscal year, to
determine whether the investment objective of achieving a market - average
rate of return is being realized. In determining the market - average rate of
return, the average return, of three month U.S. Treasury Bills will be used as
a comparison. The weighted average of the portfolio will be calculated each
month and compiled to determine the annual yield. Results of the
comparison between the District's portfolio and the three month T -Bill
benchmark will be reported to the Board annually.
N:\ ADMINSUP\ADMIN \POSPAPER\Approve Investment Policy 09- 04- 08.doc Page 5 of 5
Central Contra Costa Sanitary District
August 29, 2008
TO: BOARD OF DIRECTORS
VIA: JAMES KELLY
FROM: DEBBIE RATCLIFF
SUBJECT: PRE -AUDIT (PERIOD 13) JUNE 2008 FINANCIAL STATEMENTS
Several entries were made to the June 2008 financial statements in preparation for the
upcoming year -end audit. The attached reports contain the final results that will be
submitted to the external auditors. Please focus on the year -to -date information as the
figures in the month -to -date columns only reflect adjustments made in the pre -audit
period 13.
Attached are the following reports:
• Spreadsheet comparing Period 12 and Period 13 June 2008 financials
• Balance Sheets
• Revenue Summaries
• Expense at a District level
• Expense at a Department level
• Salary and Benefit reports
• Capital Improvement Budget reports
• Temporary Investments
The external auditors may propose adjustments if significant, which will be reflected in
the official audited financial statements.
Should you have any questions, please call me at 229 -7326.
N:\ ADMINSUP \ADMIN \RATCLIFF\Financial Statements Period 13 08- 29- 08.doc
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF FINANCIAL STATEMENTS & YEAR -END RESULTS
OPERATIONS AND MAINTENANCE (RUNNING EXPENSE FUND)
PRELIMINARY JUNE 30, 2008 ISSUED ON 07/18/08 TO PRE -AUDIT JUNE 2008 ISSUED ON 08/06/08
Month of June Results
Transfer Capital Project costs to O &M when no asset was produced (no entries this yr.) $
-
Additional Expense Accruals & Adjustments:
Salary and Benefits
June 2008 issued 07/18/08
June 2008 issued 08'06108
519,936
Repairs & Maintenance
52,421
Professional & Legal Services
PERIOD 12
PERIOD 13
36,723
VARIANCE
Operations & Maintenance
Materials & Supplies
37,379
All Other
6,172
$
REVENUE:
$
52,132,404
$ 52,136,810
$
4,406 <a>
EXPENSE:
ADMIN
$
15,792,580
15,828,966
$
36,386
ENG
6,246,197
6,332,834
86,637
CSO
8,199,270
8,219,757
20,487
POD
21,542,057
22, 054,206
512,149
PS
2,605,908
2,685,705
79,797
TOTAL
$
54,386,012
$ 55,121,468
$
735,456 <b>
REVENUE OVER EXPENSE
$
(2,253,608)
$ (2,984,658)
$
(731,050)
Variance Explanations
PERIOD 13 REVENUE ADJUSTMENTS:
Adjust Concord O &M & HHW Accruals $ 8,935
SSC adjustments 11
Accounts Receivable adjustments/ permit counter activity (198)
Prepaid Retirement True -up (Interest Earned on Remaining Prepaid balance) 2,771
Cash reconciliation and other adjustments (7,113)
$ 4,406 <a>
PERIOD 13 EXPENSE ADJUSTMENTS:
Transfer Capital Project costs to O &M when no asset was produced (no entries this yr.) $
-
Additional Expense Accruals & Adjustments:
Salary and Benefits
-
Chemicals & Utilities
519,936
Repairs & Maintenance
52,421
Professional & Legal Services
31,630
Hauling & Disposal
36,723
Outside Services
51,195
Materials & Supplies
37,379
All Other
6,172
$
735,456 <b>
Year -To -Date Bottom -line Results
PERIOD 12 PERIOD 13
Budgeted Revenue over Expense $ (2,229,135) $ (2,229,135)
Actual Results $ (2,253,608) $ (2,984,658)
compared to Actual Results $ (24,473) $ (755,523) Unfavorable
ISix -Month Review projected revenue over expense was ($2,488,524), which differs from actual Period 13 results by ($496,134).
CCB 8/512008 N:\ACCOUNTING \GMTEMPI \Financials \Per 12 to Per 13 2008.As
CENTRAL CONTRA COSTA SANITARY DISTRICT
COMPARISON OF FINANCIAL STATEMENTS & YEAR -END RESULTS
SEWER CONSTRUCTION FUND
PRELIMINARY JUNE 30, 2008 ISSUED ON 07/18/08 TO PRE -AUDIT JUNE 2008 ISSUED ON 08/06/08
Month of
June 2008 issued 07118108 June 2008 issued 08106108
PERIOD 12 PERIOD 13 VARIANCE
REVENUE:
$
38,108,491
$
35,304,580
$
(2,803,911) <a>
EXPENSE:
$
35,524,248
$
33,362,963
$
(2,161,285) <b>
REVENUE OVER EXPENSE
$
2,584,243
$
1,941,617
$
(642,626)
Variance Explanations
PERIOD 13 REVENUE ADJUSTMENTS:
Reclassify Concord Revenue for Concord -only work on DP 5980 A -line
Finalize Property Tax Allocation between Debt and Sewer Construction Fund
Adjust Concord Capital Bill accruals from Period 12
Reclassification s /Other
PERIOD 13 EXPENSE ADJUSTMENTS:
Reclassify Concord Expenditures for Concord -only work on DP 5980 A -line
All Other Project Charges:
TP Projects
CS Projects
GI Projects
RW Projects
$ (2,585,451) Note 1
(129,929)
(78,276)
(10,255)
$ (2,803,911) <a>
$ (2,585,451) Note 1
225,410
35,950
159,576
3,230
$ (2,161,285) <b>
Note 1: A portion of DP 5980 (A -line) work is for facilities that will be owned by the City of Concord. Concord is reimbursing the District for 100%
of this work and it has been recorded as revenue all fiscal year. The capital expenditures for Concord's assets must be deducted from the
capital project since we don't own the assets. This results in reduced capital expenditures and revenue, with no impact to the bottom line.
Year -To -Date Bottom -line Results
PERIOD 12 PERIOD 13
Budgeted Revenue over Expense $ (2,613,000) $ (2,613,000)
Actual Results $ 2,584,243 $ 1,941,617
compared to Actual Results $ 5,197,243 $ 4,554,617 Under budget
Year Status Report projected revenue over expense at -$3.0 million, which differs from actual Period 13 results by $4.9 million.
ccb 8/5/2008 N:\ACCOUNTING \GMTEMPI \Financials \Per 12 to Per 13 2008.xls
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Prepared by: CCB for D. Hinkson
FINANCIAL STATEMENT SUMMARY
June -08 PERIOD 13
Year to Date
Actual Budget Variance
O & M Revenue 52,137 52,998 (861)
1.6%
Year to Date
Actual Budget Variance
Actual
Budget Variance
O & M Expenses 9,376 8,250 (1,126)
55,121
55,227 106
-13.6%
0.2%
Year to date Favorable Variance > $1 OK:
Variance
YTD Sewer Construction
Total Labor Charges
0
Revenue
Directors Fees & Expenses
0
Expense
Chemicals
0
Over /Under
Utilities
164
Repairs & Maintenance
380
Hauling & Disposal
144
Professional & Legal
0
Outside Services
201
Materials & Supplies
68
Other Expenses
378
1,335
Year to date Unfavorable Variance > $11 OK:
Total Labor Charges
(860)
Chemicals
(46)
Utilities
0
Repairs & Maintenance
0
Hauling & Disposal
0
Professional & Legal
0
Outside Services
0
Materials & Supplies
0
Self- Insurance Expense
(317)
Other Expenses
0
TEMPORARY INVESTMENTS: Held in District LAIF Account and CalTrust;
LAIF yield as of June, 2008 was 2.894%
35,305
33, 363
1,942
RUNNING EXPENSE FUND
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PRE -AUDIT FINANCIAL STATEMENTS
OPERATIONS & MAINTENANCE FUND
NAADMINSUP\ADMIN \RATCLIFF\O &M Rev &Exp Overheads 8- 08.doc
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EXPENSE CATEGORIES UNDER / (OVER) BUDGET
FISCAL YEAR 2007 -2008
($000)
Labor Expense
Chemicals
Utilities
Repairs & Maintenance
Hauling & Disposal
Outside Services
Self Insurance Expense
Materials & Supplies
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TOTAL SAVINGS
NAADMINSUMADMIMRATCLIFRO &M Rev &Exp Overheads 8- 08.doc
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(46)
164
379
144
201
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Item No. 9.c.
Capital Improvement Budget
Year End Report
FY 2007 -08
September 4, 2008
Board Meeting
FY 2007 -08 Capital Expenditure Summary by Program
Treatment Plant Program
Collection System Program
General Improvements Program
Recycled Water Program
Total
Capital
Improvement
Year -end Actual
Year -end Actual
Budget
minus CIB
12,292,000
9,721,502
- 2,570,498
26,541,000
23,127,853
- 3,413,147
3,155,000
2,893,151
- 261,849
1,074,000
205,908
- 868,092
$43,062,000
$35,948,414
- ;7,113,586
FY 2007 -08 Capital Fund Impacts
FY 2007 -08 Capital Revenues
Capital
Improvement Year -end Actual
Budget
Year -end Actual
minus CIB
Year-end
Sewer Service Charge
9,462,000
9,634,364
172,364
Comments
Tax Revenue
Actual
7,930,000
8,502,204
572,204
40,448,000
37,890,031
Concord Revenue
Lower Interest ($1M);
Lower Developer Fees ($0.5M);
11,123,000
7,921,724
- 3,201,276
Lower Alhambra Valley Reimbursements ($0.5M);
Facility Capacity Fees
6,334,000
7,448,877
1,114,877
Pumped Zone Fees
1,100,000
1,686,266
586,266
Interest Earnings
Capital Expenditures
2,503,0001
1,509,802
- 993,198
A -Line 2A ($3.5M)
Other Fees & Charges
1,996,000
1,186,794
- 809,206
Alhambra Valley Trunk ($1 M)
$40,448,000
$37,890,031
-$2,557,969
Project Cancelled: A-Line 2A ReW ($1 M)
FY 2007 -08 Capital Fund Impacts
Year-end
Actual minus
Comments
Budget
Actual
CIB
Capital Revenues
40,448,000
37,890,031
- 2,557,969
Lower Interest ($1M);
Lower Developer Fees ($0.5M);
Lower Alhambra Valley Reimbursements ($0.5M);
Lower Concord Revenue $3M
Project Delays: Standby Power ($1.5M),
Solids Handling ($1.5M),
Capital Expenditures
43,061,000
35,948,414
- 7,112,586
A -Line 2A ($3.5M)
Low Bids: Renovation Program ($1 M),
Alhambra Valley Trunk ($1 M)
Project Cancelled: A-Line 2A ReW ($1 M)
Project Reduced: Wet Weather Protection $0.5M
Net Capital Fund Change
1 -$2,613,0001
$1,941,6171
CAPITAL EXPENDITURES VARIANCE FROM BUDGET
DP No.
Reductions in Expenditures (To Be Spent Fiscal Year 2008 -09)
FY 07.08 CIB
Project Delays
Standby Power
$ 1.5M
7237
Solids Handling
$ 1.5M
463,561
A -Line 2A
$ 3.5M
7256
MHF Reliability Improvements
$ 6.5M
Elimination of Expenditures
- 448,514
7260
Low Bids
North Orinda Renovation Phase 3
$ 0.5M
- 1,347,945
Walnut Creek Renovation Phase 5
$ 0.5M
TP Safety Enhancements
Alhambra Valley
$ 1.0M
Project Cancelled
A -Line 2A ReW
$ 11.011111
Project Reduced
Wet Weather Protection
$ 0.5m
408,889
Mead of schedule.
$ 3.5M
Additions to Expenditures
1,225,000
1, 589, 279
Collection System Piping Renovations
Added Scope /Acceleration
$ 1.5M
Plant Site, Piping and Aeration Air Renovations
Added Scope /Acceleration
$ 1.5M
162,126
Increased scope; some exp. delayed into 07/08.
+$ 3.OM
Net Variance in Expenditures
230,000
$ 7.OM
Summary of Major Project Expenditures
Treatment Plant Program
DP No.
Project Title
FY 07.08 CIB
FY 07.08
Year -end
Actual
Year -end
Actual minus
CIB
Comments
7237
Metals Removal Technology
295,000
463,561
168,561
Pralacts combined and delayed due to pilot plant issu
and mace regulations due in 2009.
7256
MHF Reliability Improvements
500,000
51,486
- 448,514
7260
Solids Handing Improvements
1,500,000
152,055
- 1,347,945
Project delayed
7263
TP Safety Enhancements
25,000
364,098
339,098
Added vet weather protection (raised structures.)
7207
Aerdon Air Renovations
75,000
483,889
408,889
Mead of schedule.
7210
Service Air System Improvements
1,225,000
1, 589, 279
364,279
Some 06/07 expenditures delayed into 07/08.
7228
POD HVAC Improvements
35,000
197,126
162,126
Increased scope; some exp. delayed into 07/08.
7231
Auxiliary Boiler Renovation
230,000
84,484
- 145,516Prolect
delayed -in construction.
7248
Standby Power Facility Improvements
1,725,000
225,089
- 1,499,911
Prooddelayed- inconstruction.
7258
DAF Polymer System Improvements
600,000
55,240
- 544,760
Project delayed due to re -bid; in construction.
7266
Plant Wet Weather Protection
700,000
149,997
- 550,003
Flood Control District performed work.
7234
piping Renovation d Replacement
800,000
1,498,156
698,156
Increased scope; fuel Ines 8 hypo site covers.
7251
Plant Site Paving 6 Grading
300,000
1,074,541
774,541
Moved projects forward - storm drain; plant gate
7204
Plant Control System Improvements
800,000
341,747
- 458,253
Major expenses completed in 06/07.
Subtotal
$8,810,000
$6,730,748
- $2,079,252
All Other Treatment Plant Projects
$3,482,000
$2,990,754
- $491,246
Treatment Plant Program Total
$12,292,000
$9,721,602
- $2,670,498
3
Summary of Major Project Expenditures
Collection System Program
DP No.
Project Title
FY 07 -08 CIB
FY 07.08
Year -end
Actual
Year -end
Actual minus
CIB
Comments
5806
A -Line Rehabilitation
500,000
935,856
435,856
High bid and change orders.
5833
North Onnda Renovations ph 2
25,000
447,367
422,367
Project delayed; change orders for extra work.
5968
North Onnda Renovations ph 2.1
1.620,0001
2,225,355
605,355
Project delayed; change orders 8 ROW costa.
5963
North Onnda Renovations ph 3
1,800,000
1,234,472
- 565,528
Good bid.
5964
Walnut Creek Renovations ph5
1,540,000
987,854
- 552,146
Good bid.
5972
Walnut Creek Renovations ph 6
150,000
679,180
529,180
Ahead of schedule.
5975
Martinez Renovations ph 1
587,000
1,182,544
595,544
Increased scope a change orders (contaminated
materiel a ree nment.
5981
2006 Storm Damage Projects
100,000
329,095
229,095
Increased scope.
5919
Alhambra Valley Trunk Sewer
2,200,000
1,248,621
- 951,379
Good bid.
5980
A -Line ph 2A
12,431,000
8,895,477
- 3,535,523
Delay in start of construction.
5944
Lower Ormcla Upgrades ph 2
300,000
684,630
384,630
Increased scope; construction delayed due to
equipment delikieries.
Subtotal
$21,253,000
$18,850,451
- $2,402,549
All Other Collection System Projects
$5,288,000
$4,277,402
- 1,010,598
ColleclionSystemProgramTotal
$26,641,000
$23,127,853
- $3,413,147
Summary of Major Project Expenditures
General Improvements Program
DP No.
Project Title
FY 07.08 CIB
FY 07.08
Year -end
Actual
Year -end
Actual minus
CIB
Comments
8508
2007-08 Vehicles 8 Equip
1,177,000
475,697
-701,303
Delay in large vehicle delivery
8205
HOB HVAC 8 Roof Improvements
10,000
224,384
214,384
Project delayed from 2008-07; extra work
AD Other General Improvements Projects
$1,968,000
$2,193,070
$225,070
General Improvements Program Total
$3,155,000
$2,893,161
4261,849
Summary of Major Project Expenditures
Recycled Water Program
FY 2007 -08 Capital Fund Impacts
FY 07 -08
Year -end
DP No.
Project Title
FY 07.08 CIB
Year -end
Actual minus
Comments
Actual
CIB
Actual
CIB
Lower Interest ($1 M);
Capital Revenues
40,448,000
37,890,031
Project deleted hom A -Line 2A due to increased
7194
ReccledWater - Zonet ph 1C
1,000000
133 ,357
- 866643
cost ack1low reventers.
All Other Recycled Water Projects.
$74,000
$72,551,
-$1,449
Lower Concord Revenue $3M
Recycled Water Pro ram Total
$1,074,000
$205,908
- $868,092
Project Delays: Standby Power ($1.5M),
FY 2007 -08 Capital Fund Impacts
Year -end
Actual minus
Comments
Budget
Actual
CIB
Lower Interest ($1 M);
Capital Revenues
40,448,000
37,890,031
- 2,557,969
Lower Developer Fees ($0.51A);
Lower Alhambra Valley Reimbursements ($0.5M);
Lower Concord Revenue $3M
Project Delays: Standby Power ($1.5M),
Solids Handling ($1.5M),
Capital Expenditures
43,061,000
35,948,414
- 7,112,586
A -Line 2A ($3.5M)
Low Bids: Renovation Program ($1 M),
Alhambra Valley Trunk ($1M)
Project Cancelled: A -Line 2A ReW ($1 M)
Project Reduced: Wet Weather Protection $0.5M
Net Capital Fund Change
-$2,613,0001
$1,941,6171
FY 2008 -08 Capital Funds Available
July 1, 2006
Beginning Balance $52,800,000
FY 2007 -08 Capital Fund Change $1,941,617
June 30, 2007
Ending Balance $54,741,617