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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 .. ............ - ­- Document comparison done by DeltaView on Thursday, August 28, 2008 4:26:21 PM Input :; Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787136/1 Document 2 interwovenSite ://EBIMAN2 /EBMAIN/787136/11 Rendering set Standard Legend: Insertion r, w love i irk +�f" . _... ........_ ...................... Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics. Count Insertions 259 Deletions 236 Moved from 6 Moved to 6 Style change 0 Format chan ed 0 Total changes 507 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 Document comparison done by DeltaView on Thursday, August 28, 2008 4:29:09 PM Input. Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787138/1 Document 2 interwovenSite ://EBIMAN2/EBMAIN/787138/15 Rendering set Standard Delet44ff 4)f +l Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 211 Deletions 130 Moved from 5 Moved to 5 Style change 0 Format changed 0 Total changes 351 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. 10 €- €€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. 11 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. 12 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 13 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. 14 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. 15 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. 16 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. 24 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. 25 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. 26 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. 27 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) Doc. 787141v18 20 Document comparison done by DeltaView on Thursday, August 28, 2008 1:37:40 PM Input. Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787141/1 Document 2 interwovenSite ://EBIMAN2 /EBMAIN/787141/8 Rende ing set Standard Legend:. Insertion A"'1< e- d- -fI,(" Vlc c'�l to ____.__ .__.._ ......................... ................ ............................... Style change Format change A,, . Inserted cell Deleted cell Moved cell S lit/Mer ed cell Padding cell Statistics: Count Insertions 100 Deletions 90 Moved from 9 Moved to 9 Style change 0 Format chan ed 0 Total changes 208 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�'- _4al ;4,nit- EEpai�valenee (RUS) Fa'et-ei��q� MeaqiiiFe Geiint- M-lilt—J'pl-JeA by the R44E firae-01� Use Unit Measia�E Gl�avitt? Puffif-1-9 E-�� p—_4 Gapaieity F-ee PJJF� tp' Fee RUE faeter- 46-�� r- ef ITT4 1--v- 27 44, i r —°= ±z ..,, ,�;t; y.._ lE' Cf.3(.F s,> r k�iF f 1Fi i'-- <EtCIF ,7i,71t, x„s F�i ;? :1Fr -'r 4 F �:: �•.3 =P -�. 28 _ OF I 44, i r —°= ±z ..,, ,�;t; y.._ lE' Cf.3(.F s,> r k�iF f 1Fi i'-- <EtCIF ,7i,71t, x„s F�i ;? :1Fr -'r 4 F �:: �•.3 =P -�. 28 i'- F<.,t. s. -et. _.. r: +..} t - <,ert A> »:t: }< r , <j <,..:r' +j t ± _.:i < {c e > +.it c} 4 t t•_,� ,s kI,t,t- t =-r<9 , ,<. t ;_._ ..j:r- = -s��z .:, _ ra }.. }._ -t-M apt-= : -:FC•- car -;3 ,- t-t. -. t.- r.= trFr.,..::`_.t �- . -ir_: } ,rtt ....:ct:st F,.�_ � 3.-r. E m -=4- Residential unit- EqvWalenee (RPS) 4leaeure vannoroy QN, ey F"S pop Toe pop ` amt Unif-W Gaa� wash-es -t nor ft. ryt3�. ...... ` — } s v�}H pet gieewinff -, :. .. ... " ...:. "'ter 7 it. :. ,' g -•i. BF meeting 1,009 sq—&— A43 4-1-1 1=45& 4-0-1-494 40�m ., 1,000 c o9, .3T- Bewling .. - 1000 sq. WATI a 3 0000 s q— RIG Ev. a ' , mac= = 3- -v-• -� ' -- •_ i k 14t i'- F<.,t. s. -et. _.. r: +..} t - <,ert A> »:t: }< r , <j <,..:r' +j t ± _.:i < {c e > +.it c} 4 t t•_,� ,s kI,t,t- t =-r<9 , ,<. t ;_._ ..j:r- = -s��z .:, _ ra }.. }._ -t-M apt-= : -:FC•- car -;3 ,- t-t. -. t.- r.= trFr.,..::`_.t �- . -ir_: } ,rtt ....:ct:st F,.�_ � 3.-r. E m .,..} )....... {'E.E:. `:s Ci 1. i.l.::. }..k ...i.iF-: '. ?' <i!fti.i<J; bft r }- }.:YE di, Lit L [, 33 {f. *} ,f ?-. (:f . , f {V;;F:�:} } t aff - -i. t h ::.. _. .�iE,. �+ (.,. _.s:: f;E:• ,-r <fE: } ,E}ci..� . . {eJE> . <) - - -e.*} - �,1.... ::E.ij> c3:lE.t_, ^> t1 xs,. _. 30 �49 a -L=am ..f 431-4 v _ ..z IShepping eenters I 1, fed sg.f:— } _ 00 k� 4-x`.1. sq. --, -3 t _ !,God :q, f, P}--- r }, P89 sel P.F37 lee -; a, fiber -- lea Go s 4.910 � se v .166 ..... t n r• ^t S ,-. 9-F Skilled ' 1,090 r - . 221E 3 4V aeilitAees f.-)r- the 1,e00 Sq. 7 . ., - w 4:,000 act - 2-44-1- 4- -12-4 .�• .,..} )....... {'E.E:. `:s Ci 1. i.l.::. }..k ...i.iF-: '. ?' <i!fti.i<J; bft r }- }.:YE di, Lit L [, 33 {f. *} ,f ?-. (:f . , f {V;;F:�:} } t aff - -i. t h ::.. _. .�iE,. �+ (.,. _.s:: f;E:• ,-r <fE: } ,E}ci..� . . {eJE> . <) - - -e.*} - �,1.... ::E.ij> c3:lE.t_, ^> t1 xs,. _. 30 ............... }:{.,t'x�.... :f;-F :�N:.i. }: } .:sF +3 44,6i #J;s :'r,3 Y}. -_ t »t «.F,.a:: ti :reE 6 _.:)'i- 31 one, ............ . .... . . e, �fffrx,ra im-n ........... ............. ...... . . ...... . . .. . ..... P-a -eW.- "-- pre�ynly �Phe "inAla fee 414B taeter- 6e iainim�iffi 5a"Wen6l, IhFfSheld gwa;"ity eapael%y eliall Gapaeity -Ghawffe, Gapaeity �;Se Fee f+q Fee Gurrmk Year- Gapaeity .tea paei", Ruh Fae t AG Gwy washes AW P-pw washes, with Eoeyelinq 56 vp 4�, - Vast TA04 so En U- pe -a i e vast m R+--d-t �-- - (Papew Vast 0444 4 T 32 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 7 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 9P 9409.4 411 Read, $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 S!ayie (until Stations 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) -- :--44 -: -8-3 MHOM Waste Gateger Plar per per d n.., ,.7........ a.a:.a 4 &UHIVIe 'i-%23 .'s4= JCGPI'F'A'S.T. Qi3 @'1-t.— 44fttal?er -' Tr CJtii'r��'f G&':'Plik 4p['AtQ'.S.'.i ;4Z' Antifreeze -. bv?3f'e >xkMx3f.4ix3i�cNf�'°�'e l�li:?f3'�'E'�(: Latex Paint (44q,ked) L-at'�'x Aeres61s B B iz89�^%'"i3Bs9 S:I lath n -*e P a srd- 'f9c1' .y-i.9 - - c -es-c-c —rte—, 44Y tk-! it- =:M 2£3x3 ., z..a - Ji�'�;�.� GF e' , -.es� Ft zat a.�.- e'er e d _ a PAF4 Ai nArn' Heide' : 'r 1 �. Peisens, Tom!* .'cilerat .eft _ ..ern. —r .` Other Hazar,&o" 9 r4:3 rkY -ei' <. a:...:.. ",' (..E:. Z::e =3. �. t z!t: i':. ;. t,. ;i . / : y, � .':?.i }. •7:r . n.. « F,-` 2 6 70 Per'_ per Per Per (Faeleaging-4feOied4- Example Waste Materials plat Qua I .. Gallen 5 G&III React-i'ves Asbestes E! bag, ve ir� oil Filters Jallen H evefte cylinders i3 x, k, t..O f... i'i. t�-t, �t-. i e:?I ';. i. I I t-ile x, 4. i"', i -h 4Z Ei liw- E. ri�,11 qmE' - 4 L4 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 Document comparison done by DeltaView on Thursday. Auaust 28. 2008 3:37:11 PM Input: Document 1 interwovenSite : / /EBIMAN2 /EBMAIN/787154/1 Document 2 interwovenSite ://EBIMAN2 /EBMAIN/787154/9 Rendering set Standard Legend.*., Insertion Del-40f Nor,- if�" N-loved to _.... ._........_...______.__.._..... Style chan e Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 312 Deletions 1501 Moved from 5 Moved to 5 Style change 0 Format chan ed 0 Total changes 1823 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) 787142 6 787142.8 W Document comparison done by DeltaView on Thursday, August 28, 2008 1:30:51 PM Input: Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787142/1 Document 2 interwovenSite ://EBIMAN2 /EBMAIN/787142/8 Rende ing set Standard Statistics. Count Insertions 187 Deletions 182 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 369 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 M Document comparison done by DeltaView on Thursday, August 28, 2008 1:53:11 PM Input: Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787150/1 Document 2 interwovenSite ://EBIMAN2 /EBMAIN/787150/9 Rendering set Standard le Statistics. Count Insertions 61 Deletions 37 Moved from 0 Moved to 0 Style change 0 Format chan ed 0 Total changes 98 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 Document comparison done by DeltaView on Thursday, August 28, 2008 3:31:53 PM input Document 1 interwovenSite ://EBIMAN2 /EBMAIN/787153/1 Document 2 interwovenSite ://EBIMAN2/EBMAIN/787153/17 Rendering set Standard teen Moved w .................. ............................... Style change Format change p Inserted cell Deleted cell Moved cell S lit/Mer ed cell IPadding cell Statistics: Count Insertions 198 Deletions 186 Moved from 2 Moved to 2 Style change 0 Format chan ed 0 Total changes 388 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 N c O Q a) c cu Q X W C a) E E O U co c O cn a) 0 V CD >,.O CL — -c N = > � o V) L Q L 0 C%. L d = f+ V N L � Q t% CL= m Q CD C V C d tm Q k } 0 0 c.. 0- cn .a- c.. _0 s c.. C- _0 a) cn c c c CL a a CD E U Uco Y �. 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CL 4) c V C d Q rn � >, c .0 E� L � N 72 cu N .V O O m -O fl. ) O W Q CU Q Q) 0) m V— O c E .Q O CU +r N E O N m 'p L (C CU N U c m A) m o Q U N - O O co '3 (n a) a� Q O N N N c L .0 O C') c L L N O O `- .0 -p c� Q (D vi E L CO U a) � O 'a M.0 cQ E O :. 3 o a a a in a c 0 0 m N � U m L m 4) 4+ O _ O U N O O N i O v . >_ O vOi CO) .E a Q Q Z N E c L Q 0 cl' :3 Q Q O (0 � N C C >'N `'Z O z O Z CD L O E °c' -O�� c U Q Q N N O L �+ m325 CL CO rn � >, c .0 E� L � N 72 cu N .V O O m -O fl. ) O W Q CU Q Q) 0) m V— O c E .Q O CU +r N E O N m 'p L (C CU N U c m A) m o Q U N - O O co '3 (n a) a� Q O N N N c L .0 O C') c L L N O O `- .0 -p c� Q (D vi E L CO U a) � O 'a M.0 cQ E O :. 3 o a a a in a c 0 0 m N � U m L m 4) 4+ O _ O U N O O N i O v . >_ O vOi CO) .E a Q Q ti O O N I D Z W a H W W 2 W J m W D c O co Q (0 N O C C N co O a� v N N O_ O O C N E O U_ .0 O Cl) C N O N c� CO O c C: O O CL E .E O (V U o W O0 C13 Q- ca 0 cL CL c o as CL CL as o _N O O _N —_ _ O —_ _N C F- co -0 r 't Zco �� Ft LO � (� OBT. 0 I LO l -0 � Wco 0 -0 0 -O Cl) vi vii vi vi N O N N N 0 E .c r_ E .c .c E .c E E .O U <oEQcc)iEZoEZoEZoE W N m tfi Q Cl) W Z Lu a I=-OW 002 o r O O LO W �N —Z 2w OW U2 CO N CO r U) Z P W W 2 Q m N N N N N W m W U U) O O .O m Z> 2 Z J 2 c O co Q (0 N O C C N co O a� v N N O_ O O C N E O U_ .0 O Cl) C N O N c� CO O c C: O O CL E .E O (V U o W O0 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&lte 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 .,�'A Joiot rs Aulhority UPC(,AA kjirfowi Plib!ic LA Load Allocation (non-point sources) UV Ultraviolet Treatment 0 f t,�,;10 A,pnc,j Fctwl� i I V01-s LOCC League of California Cities WAS Waste Activated Sludge MACT Maximum Achievable Control Technology WEF Water Environment Federation (air controls) i F Vv !Ct, '1J WET Whole Effluent Toxicity or Waste Extraction Test MGD Million Gallons per Day , V WIN Water Infrastructure Network MOU Memorandum of Understanding 'V! A lwz ,_d Cl, WIVII Watershed Management Initiative NACWA National Association of Clean Water Agencies , , , , " � �'i, �. ,, '! , . ; , WRDA Water Resource Development Act NGOs Non Governmental Organizations 4 , , : -, •1, ;, � '': 'i WOBEL Water Quality Based Effluent Limitation NOX Nitrogen Oxides WWWIFA Water and Wastewater Infrastructure NIPS Non-Point Source Financing Agency CASA w s�� California Association of Sanitation Agencies �O08C� A F',eau�d�»� �ua/d �no�'per�oms Kumi|SAzovry - pmoidont 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 �h«Supim�i»'��«�| HanchnC�/N/o/aWaw,Diut,kx Legislative Advocate Barbara Mocke�_Di�o��A�Lo�e �ichm�D»»bu[Nomm»|io»&Ad«/so�Ch»// GmQKno��Biono/iU»pwAom��nago, Cnntm|CunoaCootaSxn//a,yp*N«/ p«u|8u«hpn'P'oQmmChm/ 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 - ~ 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 ��``� �}� �~ �X�"������� ' 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 00 � 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 M-1- Pull-Back Plate 0 Aj 41 10 Item 8b Connection Rods 4�1 I 09- JIL��t 4 k, 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 L U o N >, (06 (D =_ Y (9 C Q U O N M > p } U � O N CP C_ () O C H Z W ) a) (a/) p LL c O H C/) ayi O p J U H U (n 0 � LL Q 0 Y U co Z O C m w Q N (n () N p J X d cli � _ U 2 0 U () U) E w Z to 0 Q rn Q O LL n m ° Q > (=n L U (06 (D =_ Y c C M N CP C_ (o C O L O a o � _ U 2 0 U () U) E 0 N L U T cc p — ' f6 w O N L — O_ CD w 'C ca > __ CO J N N 0) N > ._ C O x C O. 0 'O O U L C C N J a) y L N 7 C O N a) U 7 E � a) 0 03 P a) !- O C o a) N pa•0 N m Eocu c3 p @J E >a (A a) L (6 U U C N a En M C U g w- N O L U C O U N 'C _n U) 'L U) U N L a) Q. O O .L.. o CL •' N C cc O .-• D N co M co 7 ca .fl O C C a) c O U a) L rnca Lm aw mM @ _ Qa) 10 O> N U O 'O C C a) o f rn0� a) U O w rn@ (L E E o� E U C o O_ f6 .0 0 a) f6 14 L c �� a) N o a) o m �� o -30 ` D CL (a m C c a) O :''' N C� (D C "O -O a) C > a) C -O c "a 7 a) v m_ c U L m c rn� Q w- rn x C0U 7 cu C U UN N a) = ==� 03 (D a3 E Y (0 O o L 0 O N L Co 'gyp <n u > (9 L ,tn, > U C N E O C cc co x U U) (Cp w 3 N C(D O> .L >LET� 21� a) > U In E U) vm Om (D o� m >MCL CL 0!> U> IL JE Qw J d c� O (o C d 0 n (O (O a0 O) ' O N O O C M N N N O l6 c It co CD r- 000 (� O `- 0 0) 0 � v LL Cl) �p � 00 (D N O 00 O N N C) O w 00 0 O N 0 O V a (00 cUl cOA M V' 0 Ld 0 0 0 0 0 0 r O O O O O O O rn M O O Cl) N In O O Cl) In O m 0 N r_ o n U N LL O U U N m a� E N CL cu (i O O (D 7 > > •` U c O c c > > o ca O O U) N N n L E (D — E a) N x s a) a>) RU U ii CL c F@ O Q rz H U Q.' Q Z Q F- y O U � co co Z oQ 00 O M oo U � N � a v Q v d � y iA Z 1 07 U Q Q 00 C) C) N O Cl) m c a) c c a) 0 0 CL L O) 7 0 L V) x N a) T N a) 0 Q C O O N a) (9 ~ U > O w n 11J CO 0 E CO 0 LL m m 07 -O C LL J a) O U O 7 a) d L O- ~~Q co O (7 p T O1 :? > U N 'O Q 7 QO W Y W a) m m w tUn c 7 U c ;� m m 0 = o Q ca O F- m -0 N c O (/i o o C U U L O C1 d a) . x 'n c a) 0 co H i LL U) H a) O N a) O C O w n E y 0 E (mp O U V N O c O m m 07 -O C r E m @ c E a) @ UL.., d 2 C O 7 a) d L O- @ O "O cc O C x O1 :? > U N 'O Q 7 _N n N 'O N m n -o a) Cp Q tUn c 7 U c ;� m -o O y 3 m Q) y C •io o `m o)m ()? a o c c cya o� -0 N o m L 0) w O (/i U 0 o o C zO o a m c 7 U 7 C m a) m x C1 d a) . x 'n c a) co U a) > m a) C n CL (a 'L'' w E _U Z E m C E N O C @ a) (4 to 2 > m ° voi v, U O U) rn 3 T O °C cO a) c U o Q E O > O) U m c a Q � y m •� u) o o (ma c 0 7 c a) N) y m cm N 7 00 .Z O C C U Q) 7 O a) (� O) a) n E o= — a) U_ G a) N O 0 C ,� d N~ E E a 0 o a) c E .� u) C a) w L>), (n C r m a) U a) Lm-. L> n 7 c 0) C"a L a) 7 U N x a) ... ca Q O O U om y m0.- C O F- E a E m mm (n y oM c 0� m m y _0 O c 0 d '0 d m 5 N a) 0) 0 U O rn-o 0 a) N ° E c0 m 0 m E a m oy z= ° cc w a °� aci > _ 7 -° E aUi m x 3 x to -o— a o T a m m (h c o-0 c w o w -0 a) 7 0 0--o > E E o co m a' � m@ E v N o T y v OL a) o o o) v c c m a° w@ r a) m Va .0 c w a) C 2 L 00 m o y-0 cu N _rn 3p m e m o n mL m U)w 2 nQw J _ m a m 0 m w c z d U V O o O C C O O fl- m Cl O O m R 1 O N M M O N r Cl) � m LL O C) (M N V7 O (f) _O CO w N W a0 OW QM M Q M O L() (D V M O Ln h 04 LO 0 0 'O d• M aO N LO mM M N N U N y y C m c a) d C W m U m U (D Z v) o c C U) d O a� C m a) o d CD y p m ` N d W C J C O (D m n w w L W U �o U) O O 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 0 0 N m W H aq ao H a W a z z �EH+ 0 O U V a I F m W o W OOV\ � V I I M w w O � m [n o a 0 N F U i H i al F I H aq � o IQ M E H I N I H � i m w a�w w o i w o u a a Ix M�Iw � I N E•I I (7 O o z U i Z ID MP4W o aaulo Hooaoomo�nNOioM eln oin I r ooNOOmo�nrooHO. -ION I n M M 0 W CO VI Vl In 1p C,4 mm rmo Vlmm I w N N H m I N to H m �O H m Ifl m I r H ui �n�rH I r I W. aa0 00 p0yooppp0aaw Q ICzU� W aQ��ZI{,7yaVYw£ W W W WzwP4' 0V]WF \�W txn U0 w 0, EH W a.M En ulq U a ,'VL E� U W F g q O w O O O a SH mnF H H H H 34 NO 3E^ mD�naaaawww m W x�WQI]� � OaWoGawaaaa Ell ,`J cn Iwu U) u a a a a 0 a a u g a a a w q q q 2 In n I N II m H I O II H O I C II m I O II H m I O� II _ II m I O� II M m I H II m M I N II o i H u H V1 N l0 r M O� M N �O 1p N H O m M I!1 C I m 1p mmMOOmr N r o m ov o of H 10 N I mM rllnl- IOOMwrvmMC.��omHlnH I r dl rwMNOMwmarNmm�ovMwm I mrl N M M N N 1 In I W O r rwm w w HcN w In wm r�wwrw w ri H H w M I/1 H a H H V n N I N H N H H 7 In d W [7�y '.a7' UH a i H [- a w w a I.-1 a F w E W � tD .H] 0 En En W W £d VF W3 .7a W iI En H z W MCDo H w QN14 a a h H £zzH ::) W a U3 viz W d W q O H E m a U W W W a H a aHaUawz HzamW a o w w H gaW E W W na x H u g3 z gE aa w w0 a a a M Eaa W w > aawEaH uH w /n z m ounw w F o a au au F u oe(n EEW zawaoa awaWaagmaq w z ul W a N w£ w z w w a F w a w 3 H w a 00 a a a aHU q �gq�w HzZgHqa �a a[�gF n a¢ El F W U )N:UUUcZ W o U W U W u o u o o cn p p E EW 4maEaaacoowa >aaauau F W 0 DI h w H N O a H a a F z E, a N m O O N rl c� aq ao H a W a L9 z H 0 O U U a E m w o W o M N m \� W Q I a w W O I m [n o a 0 N E I U I H F H o m E H N m m m O i w o ula M a W ID aG.' 00 I M z IX oW o aaul0 .ra m m m N rl 0 0 0 0 0 0 0 Ol O O O C N N N a m Ol Ill �O r v N r r rl I O rt H O .� rl I!1 1p I m rlvo o o o oo o m oo o m min In .rlmrlvm.arl�OmOlHrim�n�o ammr rivalw i �nmmrmNr i �v mri rl ow HHO. -I ioN min vlmvo I Hmrin vino I N O m .i O r r1 I!1 m 1p 01 O m N N C Ill r rl O N r v m l l m e H N N O Ill w w N r w .i H I N w N C '1' r Ol C H O m IIl rl I Ol H rl I Ol m O N w N m I N rl 11 O r H H I N N I!1 N Ifl Ill Ill O Ol N N I M I v r r N N N I H N x z a• w W w z S x Q W IW7 (� Q H pa cva) zz q °x x ova N0 u)4H RzaHH wax F >.H N W Ea v) 00 q WF EOW F u)FH aW v) Q Wagxa'r W axH[�� -I R( Ha za(nFHW W zaaax0F a Fx37,z W w C7H w O a)aw H b o f H a z F w zz wzg x m w z z a w\ ��••II F w�W x3EH w U I..�Izi W aH £C4 .H] E. a U' F Hpq w ��--II oa IC �m 0x EHw cHcqq W a3Slai3tn q IZWNaW wOF z •aauouaHow a ow 'Z W H q .] W '.:) a w a 'l, H H U1 W a H U- ppqq a to H qa aqa £qa v) EazgEa WMISq wW a O W O O z W W a M4"" W W F a W❑ W o F .'7 wU W w0 azazW Fappqq a EH w0 0 awHHFFHaH0 W av] pIZ W EF W aea aUE a W UUgI- 7gaaa�F£EHxaH�U Vlw a�nawaUwU V)H F Q�QWUEvFlxz lUiawoaa�xoaao °a ua3ua au�Ea N m m r 0 M N N w W W r) yqU z 0 0 ZUzz u:.4zz;l.aFarR; 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M X W > V uc c C 0 c CL X ' m ea m 'c E0 0 0 ti v co ob N m N E O a 06 Ix m J U Z co Z 0 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 Other TOTAL SAVINGS NAADMINSUMADMIMRATCLIFRO &M Rev &Exp Overheads 8- 08.doc Variance ($860) (46) 164 379 144 201 (317) 68 373 M U) W IL x W N w `W O w M W W w z O H z O V w W W Z CQ L O T v 0 Ob N f0 0) 0) 0 a 0) LL J H a z 0 R Pl M Z 0 C o 0 aZ ou ef o ., o W0 M e- WImo- coo 0) U) yZ � � �O V M 00 LO M C4 vs LO O N CD � N W wN W W O v 4) V i 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