HomeMy WebLinkAbout04. Conduct public hearing to approve changes to District Code (multiple sections) Page 1 of 217
Item 4.
Algi
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: MARCH 18, 2021
SUBJECT: CONDUCTA PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ONAND
ADOPT ORDINANCE NO. 315 (CODIFIED)AMENDING DISTRICT CODE
CHAPTERS 1.04, 1.08, 1.16, 5.04, 5.08, 5.10, 5.12, 5.16, 6.12, 6.20, 6.24, 6.38,
7.02, 7.03, 7.04, 7.15, AND 7.20, EFFECTIVE APRIL 2, 2021
SUBMITTED BY: INITIATING DEPARTMENT:
BRYAN MCGLOIN, MANAGEMENT ANALYST ENGINEERING AND TECHNICAL SERVICES-
THOMAS BRIGHTBILL, SENIOR ENGINEER PDS-RATES AND FEES
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A public hearing is required prior to the Board of Directors considering changes to District Code.
BACKGROUND
As part of a periodic review of the District Code, staff has identified various changes required in order to
conform with external requirements, internal practices, and to otherwise enable the more efficient
management of Central San's operations.
The changes and updates affect permits, fee programs, recycled water, and right-of-way. Significant
changes are highlighted below followed by a summary of all proposed changes.
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Changes to the Capacity Use Charge Program
When a new business opens or expands, it is typically required to pay a sewer Capacity Fee. Current
District Code allows certain non-residential applicants with high capacity fees to pay those fees over 15
years, including interest. The current program is complex and includes a minimum threshold for
participation based on business type. Staff believes that reducing the complexity and eliminating the
threshold would increase the number of businesses that could finance their Capacity Fees. Central San
has received a number of formal and informal requests for broader financing from businesses who are
struggling in the current economic climate.
Key changes include:
• The current program adjusts each annual Capacity Fee payment based on the business's water
consumption. The proposed code changes would convert the terms of the program to provide for
15 equal annual payments. For those businesses where a Special Study is appropriate to determine
the final Capacity Fee, that study would still be performed and the Capacity Fee would be adjusted,
based on actual water consumption, as described in District Code section 6.12 E. The change to a
fixed annual payment should help those businesses who share a water meter with other businesses
on the same parcel by eliminating the need to install a privately-owned water meter. The fixed annual
payment will also simplify the discussion with business owners and property owners and will
eliminate concerns expressed by business owners about uncertain future payment amounts.
• The current program requires that an applicant be a business type with a Capacity Fee factor greater
than 1.562 Residential Unit Equivalents (RUEs) per 1,000 square feet (SF) of building area. The
1.562 RUEs per thousand SF rate is charged to delicatessens, bars, ice cream shops, and coffee
shops. The proposed program would eliminate the minimum threshold thereby increasing the
number of businesses that could participate.
• The current financing program only includes Capacity Fees for the Gravity Zone and specifically
excludes the additional Capacity Fees paid by businesses in pumped zones. The proposed
program would include financing for both Gravity and Pumped Zone Capacity Fees.
Under the current program, the annual charges are collected on the property tax bill. The written
agreement of the property owner is required in cases where the business owner does not own the parcel.
Collection of the annual charges on the property tax bill would continue under the proposed program.
Written approval of the property owner would still be required under the proposed program if the business
owner does not own the parcel.
Capacity Fees for Non-Conforming Accessory Dwelling Units (ADUs)
Current state law prohibits the collection of sewer Capacity Fees for certain types of ADUs. Current
District Code references the California Government Code section which contains the definitions of these
ADUs including the maximum size for such structures.
Current District Code also contains a definition for a "separate additional residential unit" which may be
either attached to the primary residence or may be a detached structure. The definition states that such a
unit 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.
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The proposed change to District Code clarifies that for the purposes of a separate additional residential
unit, the bathroom must be a "full bathroom consisting of sink, a toilet, and a shower ora tub." The
determination of what constitutes a kitchen or what might become a kitchen with the addition of appliances
or other items which would not trigger a building permit and review by Central San has been problematic.
The proposed change to District Code would replace the word "kitchen" with the phrase, "an additional
sink located outside the bathroom area."
These separate additional residential units are often referred to as "non-conforming ADUs." Central San's
current Capacity Fee schedule sets the Gravity Zone Capacity Fee for non-conforming ADUs to 0.847
RUEs (currently$5,762.14).
Recycled Water
The proposed changes reflect that certain Recycled Water related tasks which were historically done by
Central San are now being done by contractors. This work on Recycled Water facilities requires permits
and therefore, the language related to plan review, permitting, and connection is being broadened to
include Recycled Water as well as sewer.
Note that a future update to District Code will make additional changes to Title 11: Recycled Water in
order to ensure consistency with the revisions included here.
Summary of Changes
Recommended changes to the District Code are included in the attachment to this report. The following
summarizes those changes:
• Chapter 1.04: General Provisions-Added reference to Chapter 11 (Recycled Water).
• Chapter 1.08: Enforcement and Penalties-Additional language to include recycled water;
clarification of the definition of "responsible parties".
• Chapter 1.16: Board Consideration of Staff Decisions-Additional language specifying information
required in support of an appeal submission.
• Chapter 5.04: General Provisions-Additional language to include recycled water; language
changes clarifying the applicability of code requirements to all permit types.
• Chapter5.08. Insurance and Other Permit Requirements- Language changes clarifying the
applicability of code requirements to all permit types.
• Chapter 5.10: Permit Enforcement Provisions and Remedies-Additional language to include
recycled water; language changes clarifying the applicability of code requirements to all permit types.
• Chapter 5.12: Suspension or Revocation of Permits and Suspension of Contractor Registrations
-Additional language to include recycled water; language changes clarifying the applicability of code
requirements to all permit types.
• Chapter 5.16: Sewer Improvement Agreements - Chapter name change; additional language to
include recycled water; language changes clarifying the applicability of code requirements to all
permit types.
• Chapter 6.12: Capacity Fee Program - Significant changes to scope and timing of payments as
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well as language related to the Non-Residential Capacity Fee Installment Payment Program
(formerly the Capacity Use Charge Program). Changes regarding ADUs including work done
without permits and clarification and definition of conversions of existing space. Editorial changes to
the language of the Residential Capacity Fee Installment Payment Program and Special Studies.
Additional language consistent with current budgeting process; striking language related to reserve
requirements; updating references to Public Resource Code; clarifying the inclusion of all funds; and
applying consistent phrasing when referring to fees, charges, connections, parcels, units of measure
and related terms. Removal of Watershed Fee Credit. Adjustments to relocate some text within the
chapter.
• Chapter 6.20: Reimbursement Fees- Language changes to clarify basis of fee determination.
Removal of language relating to requests for disbursement of funds.
• Chapter 6.24: Sewer Service Charge- I ncluding requirements for cost of service studies to support
rate design and additional clarifying language regarding definition of certain costs, funds, and rate
basis applicability.
• Chapter6.38: Recycled WaterCharges-Additional language supporting the District's recycled
water program, customer classification, and removal of language related to rate and minimum fee
determinations that are no longer relevant.
• Chapter 7.02:Acceptance of Interests in Real Property-Additional language to include recycled
water.
• Chapter 7.03: Quitclaiming Easements-Additional language to include recycled water.
• Chapter 7.04: Use ofAppurtenant Easements for District Sanitary Sewer Facilities - Chapter
name change.
• Chapter 7.15: Easements and Easement Encroachments- Clarifying language added to
definitions of Class One and Class Two Encroachments; method of creating District easements,
and real property agreements.
• Chapter 7.20: Right to Access District Facilities -Additional language to include recycled water.
ALT ERNAT IVES/CONSIDERAT IONS
After receiving public input, the Board of Directors could:
• approve all of the recommended updates to District Code as presented; or
• approve the recommended updates to District Code with modifications; or
• approve none of the recommended updates to the District Code; or
• continue the public hearing to a future meeting.
FINANCIAL IMPACTS
No significant financial impacts are anticipated from the proposed changes to the District Code.
COMMITTEE RECOMMENDATION
The proposed changes to the District Code were reviewed at the February 3, 2021 Finance Committee
meeting. The committee provided input to staff and recommended that the public hearing be held.
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RECOMMENDED BOARD ACTION
Conduct the public hearing and adopt Ordinance No. 315 (codified) amending District Code Chapters
1.04, 1.08, 1.16, 5.04, 5.08, 5.10, 5.12, 5.16, 6.12, 6.20, 6.24, 6.38, 7.02, 7.03, 7.04, 7.15, and 7.20.
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
ATTACHMENTS:
1. District Code Markup
2. District Code Recommended Final
3. Ordinance 315
4. Presentation
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ATTACHMENT 1
Title 1, 5, 6 & 7
Title 1 - GENERAL PROVISIONS
Chapters:
Chapter 1.04—GENERAL PROVISIONS
Chapter 1.08— ENFORCEMENT AND PENALTIES
Chapter 1.16— BOARD CONSIDERATION OF STAFF DECISIONS
Chapter 1.20— RESPONSIBILITY FOR DEFECTS
Chapter 1.04 — GENERAL PROVISIONS
Sections:
1.04.090 Shall and may.
1.04.100 Definitions.
1.04.090 Shall and may.
"Shall" is mandatory and "may" is permissive.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996: Ord. 172 § 1(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
code, shall have the meanings designated in this section. Other special terms or phrases may be defined
elsewhere in the code. For example, for definitions related to Recycled Water, see Title 11.
A. "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.
B. "Authorized representative of industrial user" may be: (1) a principal executive officer of at least
the level of vice president, if the industrial user is a corporation; (2)a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively; (3) 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.
C. "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)).
D. "Board" means the Board of Directors of the District.
E. "Bond fund" means a District fund dedicated to bond retirement and debt servicing.
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F. "Building" means a structure used for any purpose which contains a fixture, plumbing system or
sanitary facility of any type.
G. "Certification" is the procedure for becoming the exclusive representative for a representative
unit, either from within the District or outside the District.
H. "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.
I. "Classification" means the individual job class description for each position at the District.
J. "Collection system" means the District pipelines, pump stations, manholes and other similar
facilities which accept, collect and convey sanitary sewage to the treatment plant.
K. "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.
L. "Connection" means the physical attachment of a building to a public sewer by a side sewer.
M. "Consistent removal" means the average of the lowest fifty percent of reductions in the amount
of a pollutant or alteration of the nature of a pollutant during treatment by the District's wastewater
treatment system. Such reductions shall be determined according to the data collection and
measurement methods of Section 403.7(b)(2)of Title 40 of the Code of Federal Regulations, Part
403.
N. "County" means Contra Costa County.
O. "Day" means a calendar day, unless explicitly stated otherwise in a particular section of this
code.
P. "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.
Q. "District" means the Central Contra Costa Sanitary District.
R. "District facilities" means any part of the District's systems for collection, conveyance, treatment,
recycling, reuse and disposal, including, but not limited to, the collection system, the treatment
plant, the collection system operation's yard, headquarters office building, the household
hazardous waste facility and the recycled water system.
S. "Engineer" is the General Manager of the District or a duly authorized designee.
T. "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.
U. "Executive management" means employees who work at the pleasure of the Board.
V. "Fixture" means sink, tub, shower, water closet, garbage disposal or other facility connected by
a drain to the sewer.
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Title 1, 5, 6 & 7
W. "General Manager" means the chief executive officer of the District or a duly authorized
designee.
X. "Health Officer" means the Health Officer of the County.
Y. "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets,
campers, trailers and vacuum-pump tank trucks.
Z. "Installer" means a person who installs a sewer.
AA. "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.
BB. "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.
CC. "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.
DD. "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.
EE. "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.
FF. "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.
GG. "Ministerial project,"generally speaking, is one requiring approval by the District as a matter of
law or one involving minimal independent exercise of judgment by the District as to its wisdom or
propriety.
HH. "National Pollutant Discharge Elimination System or NPDES permit" means a permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
II. "Non installer" means a person who has not contributed to the financing of a rebate sewage
facility.
JJ. "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 or
recycled water work in accordance with District requirements.
KK. "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.
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Title 1, 5, 6 & 7
LL. "pH" means the logarithm (base ten) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
MM. "Place" means land, building, site, drainage ditch or road, public or private, in the District.
NN. "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.
00. "Pollutant" means and 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.
PP. "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.
QQ. "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).
RR. "Private sewer" means a side sewer as defined in this chapter or a sewer serving an
independent sewage disposal system not connected to a public sewer.
SS. "Professional employee"means an employee 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.
TT. "Public nuisance" means any material, activity or condition which poses a serious threat to the
public's health, safety and general welfare. Such materials, activities or conditions 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 any permit, order or directive issued by the General Manager or
the Board or their designees.
UU. "Public sewer" means a sewer located in a public right-of-way, easement or dedicated
reservation which has been accepted by District or is maintained and controlled by the District.
W. "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.
WW. "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.
XX. "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.
Central Contra Costa Sanitary District, California, Code of Laws Page 4
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Title 1, 5, 6 & 7
YY. "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:
1. "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 at
the foundation line or building wall. "Side sewer" includes the lateral sewer and the building
sewer.
2. "Lateral sewer" means that portion of the side sewer which is within the public right-of-way.
3. "Building sewer" means that portion of the side sewer from the lateral sewer to its connection
to the building plumbing system.
4. "Main sewer" means a public sewer which has one or more side sewers connected to it.
5. "Local street sewer" means a public sewer main which is six inches or eight inches in
diameter and which is upstream of the first confluence of two or more main sewers.
6. "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.
7. "Trunk sewer" means a public sewer which is twelve inches or more in diameter and
accommodates more than one collector sewer.
8. "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).
ZZ. "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.
AAA. "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.
BBB. "State" means the state of California.
CCC. "Stormwater" means any flow occurring during or following any form of natural precipitation
and resulting therefrom.
DDD. "Street" means and includes a public highway, road, street, avenue, alleyway, public place,
easement or right-of-way for vehicular or pedestrian use.
EEE. "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.
FFF. "Treatment plant'means any facility owned by the District that is designed to provide treatment
to wastewater.
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Title 1, 5, 6 & 7
GGG. "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.
HHH. "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.
III. "Wastewater discharge permit" means a permit as set out in Section 10.12.040.
JJJ. "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. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2001; Ord. 205 § 2, 1998; Ord. 198 §
1(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A(part)), 1989; 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))-
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/recycled water system— Notice and hearing.
1.08.045 Enforcement— Injunctive relief.
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.
1.08.010 Notice of violation.
The District may serve a person who violates this 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 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
Central Contra Costa Sanitary District, California, Code of Laws Page 6
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Title 1, 5, 6 & 7
from taking any other action available under the provisions of this code 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 code is
applicable to a given circumstance, such more specific provision shall apply.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.020 Right to enter on private property.
In order to safeguard public health and community welfare, a District employee, agent or contractor
shall have the right to enter private property as provided by this code and at law. By applying for sewer
service, or by receiving public 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's
wastew-atersewer system is located for the purpose of sewer replacement, maintenance or repair or for the
purpose of reasonable inspection regarding compliance with this code, any District permit, the District
Standard Specifications, regulation, or state or federal law. By signing, authorizing or directing the
execution of a sewer work permit 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 during any entry onto private property.Additionally, a District employee, agent
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 section shall be construed as cumulative to any rights provided elsewhere in this
code, in a District permit, in an agreement with the District, or at law.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.030 Enforcement procedures, penalties and remedies cumulative.
All enforcement procedures, penalties and remedies available to the District at law and by this code
are intended to be cumulative.The enforcement procedures, penalties and remedies set forth in this chapter
are cumulative with any other enforcement procedures, penalties and remedies set forth in any portion of
this code or at law. The use by the District of any enforcement procedure, penalty or remedy, whether
provided for by this code 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 code or at law.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.040 Enforcement— Disconnection of user of sewer/recycled water system — Notice
and hearing.
A. Disconnection. Notwithstanding any other provision of this code, the Board may order disconnection
of a user of the District's sewer/recycled water system in the event of any violation of this code, the
terms of any District permit,the requirements of the District standard specifications, or other rule, order
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Title 1, 5, 6 & 7
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 chapter. Such
notice shall be 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 not be held less than fifteen days subsequent to
the giving of notice as required in this chapter.
C. Immediate Disconnection. In the case of actual or threatened violation of this code, 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's
a&te ateFsewer and recycled water systems, take all necessary steps to halt or prevent such
violation, including, but not limited to, plugging or physically disconnecting the access to the District's
wastewate-rfacilities. The rights of immediate disconnection provided by this 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. 253 § 1(Exh. A(part)), 2008)
1.08.045 Enforcement— Injunctive relief.
Notwithstanding any other provision of this code, the District may also seek injunctive relief for any
violation of this code, the terms of any District permit, the requirements of the District standard
specifications, or other rule, order or regulation of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.050 Abatement of public nuisance.
Abatement 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, order or
regulation of the District is hereby declared a public nuisance and may be corrected or abated as directed
by the General Manager.
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(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.060 Violation a misdemeanor.
A. Misdemeanor. A violation of this code is 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
code is a separate offense and may be prosecuted separately. This section 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 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 code. Prosecution of a person pursuant to this 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 code.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.070 Violation includes aiding, abetting or concealing.
A person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating
this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.080 Penalties for delinquent payments.
If any District bill, charge or fee, except sewer service charges (see Chapter 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 code is applicable to a given circumstance, such more specific
provision shall apply.
(Ord. 253 § 1(Exh. A(part)), 2008)
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1.08.090 Additional remedies for violation.
In the event that there is a violation of this code, the terms of a District permit, the requirements of
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. 253 § 1(Exh. A(part)), 2008)
1.08.100 Responsible parties.
Except as otherwise specifically set forth in this code, 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"):
A. The current record parcel owner where the sewer/recycled water or proposed sewer/recycled
water system is located;
B. The record parcel owner at the time of the connection to system or occurrence of violation of any
District requirement;
C. The record parcel owner at the time of the District's discovery of violation of any District
requirement;
D. The person or entity entering into an owner's sewer improvement agreement relevant to the
violation;
E. The person or entity signing the a sewer permit er ether District permit relevant to the violation;
and
F. Any user who fails to comply with District requirements; and any agent or contractor for a user or
one of the responsible parties set forth above.
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. 253 § 1(Exh. A(part)), 2008)
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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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2002; Ord. 198 § 1(Exh. A(part)), 1996)
1.16.010 Request for Board consideration of staff decision.
A person aggrieved by a final decision of an officer or employee of the District under this code may
request consideration of such decision by the Board of Directors.
(Ord. 253 § 1(Exh. A(part)), 2008: 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 code, the terms of any District permit, the requirements of the District Standard Specifications, or
other rule, order, or regulation of the District.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996)
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1.16.020 Procedure for taking appeal or requesting Board consideration of staff decision.
Wherever this code 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 fifteen days of receiving notice of a violation, decision or order.
The written notice of appeal or request shall include: (a)the date it is signed, (b)the printed and signed
name of the person making the notice, (c) state what action, decision or order they are requesting be
appealed, (d)and explain why said issue should be appealed.
The provisions of this chapter shall govern such appeal or Board consideration. The provisions of this
chapter 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. 253 § 1(Exh. A(part)), 2008: 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 twenty days before the hearing. The
Board of Directors shall hold the hearing within forty-five days of the date 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 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 times limits set forth herein may be extended or waived by
mutual agreement of the parties.
(Ord. 253 § 1(Exh. A(part)), 2008: 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. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996)
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Chapter 1.20 — RESPONSIBILITY FOR DEFECTS
Sections:
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 1.08.010, the District may correct it at the violator's
expense.
(Ord. 253 § 1(Exh. A(part)), 2008: 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 code, 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. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996: prior code § 14-102)
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Title 1, 5, 6 & 7
Title 5 — PERMITS AND LICENSES*
Chapters:
Chapter 5.04—GENERAL PROVISIONS
Chapter 5.08— INSURANCE AND OTHER PERMIT REQUIREMENTS
Chapter 5.12—SUSPENSION OR REVOCATION OF SEWER WORK PERMITS AND SUSPENSION OF
CONTRACTOR REGISTRATIONS
Chapter 5.16—SEWER IMPROVEMENT AGREEMENTS
Chapter 5.04 — GENERAL PROVISIONS
Sections:
5.04.005 Sewer werk.District-issued permit classifications.
5.04.010 Permit application.
5.04.015 Properly licensed contractors.
5.04.020 Unpermitted sewer/recycled water 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.
5.04.005 Sewer workDistrict-issued permit classifications.
A. Within the annexed boundaries of the District, a person shall pay the required fees and shall obtain a
permit from the District before undertaking sewer work or recycled water work that will connect to the
District's distribution system. Such sewer work ermits shall fall into the following classifications:
1. Contractor's Permit. With the exception of property owners, as described in subsection (A)(2)
below,all persons proposing to perform any construction,excavation, repair, rebuilding,alteration
or reconstruction of any public or private sewer or recycled water pipe, or proposing to connect
any private seweFsystem to a public sewer/recycled water facility must be a contractor licensed
in the state of California and shall also obtain a contractor's permit from the District.
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2. Property Owner's Permit. An owner of real property for sewer or recycled water work located on
his or her property may 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/recycled water
pipe to a District public sewer/recycled water facility as such work must be performed by a
licensed contractor having obtained a contractor's permit.
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. 253 § 1(Exh. A(part)), 2008)
5.04.010 Permit application.
A. Any person entitled to receive a permit for sewer/recycled water work may apply for such permit
pursuant to the forms provided by the District. The applicant may be required to provide plans,
specifications or drawings or other 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/recycled
water facilities.
B. If an applicant has previously violated this code, the terms of a District permit, the requirements of the
District standard specifications, or other rule, order or regulation of the District, and such violation has
resulted in costs of correction to the District as set forth in Section 1.08.090 or the imposition of fines,
penalties or citations, the applicant shall not be issued a sewer werk permit until such costs, fines,
penalties or citations have been settled or paid to the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.015 Properly licensed contractors.
All contractors doing sewer/recycled water 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/recycled water work which contractors with C-36 licenses may perform
is restricted to private side sewers/recycled water from public sewer/recycled water mains to buildings,
excluding connections to the public sewer/recycled water mains. A"B"—General Building Contractor shall
not be issued a permit, unless he or she also holds one of the required specialty licenses.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.04.020 Unpermitted sewer/recycled water work.
Performance of sewer/recycled water work without a permit required by this title is a violation of this
code. The District may employ any enforcement mechanism set forth in Section 5.10.020 or as otherwise
provided by this code or law against those persons responsible for the unpermitted sewer/recycled
water work. The person committing the violation may be subject to a fine or imprisonment as set forth in
Section 1.08.060 of this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.025 Permit form and agreement.
A. The General Manager will prescribe the format of permits.
B. Contractor's permits shall be signed by the contractor that will perform the work or by the contractor's
authorized agent. Property owner's permits shall be signed by the property owner. An agent signing
on behalf of a contractor shall have documentation demonstrating the authorization of the agent on file
with the District prior to obtaining any permit. By applying for a permit, signing or causing another to
sign a permit on ones behalf, the permittee, and if applicable the principal, agree to comply with the
District Code, 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. 253 § 1(Exh. A(part)), 2008)
5.04.030 Inspection.
A holder of a sewer werk permit shall arrange for ongoing District inspections and obtain final District
inspection of any work performed under a permit before placing any constructed, reconstructed, rebuilt,
altered or repaired sewer/recycled water into service. Prior to signing off on the work performed under any
such permit 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 Code 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 code or general law.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.040 Notice that work is ready for inspection.
Permittees shall notify the District prior to work, and when the work will be ready for inspection.
Contingent upon staff availability and payment of any additional charges, expedited or overtime inspection
may be available upon request.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 section applies to all permits outstanding on the date this section takes effect as well as
to all permits issued subsequent to the effective date of this section.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.060 Effective period of permits.
Sewer werk ^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. Sewer werk ^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. 253 § 1(Exh. A(part)), 2008)
5.04.070 Permits not transferable.
A sewer werk 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. 253 § 1(Exh. A(part)), 2008)
5.04.080 Substitution of contractors.
An owner may request substitution of a new contractor for the current contractor by giving the District
written notice of the name of the new contractor. The new contractor shall obtain a new permit prior to
initiating any work and shall complete the work in accordance with District requirements.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.090 Obtaining permit by fraud or misrepresentation.
It is a violation of this code to obtain any permit by fraud or misrepresentation. Any permit obtained by
fraud or misrepresentation is voidable. This section applies regardless of the source of the information
appearing on the permit.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 unclaimed securities or cash bonds.
5.08.010 Insurance required.
A. A contractor who applies for a contractor's permit shall obtain and maintain workers compensation
insurance as required by California law and general and automobile liability insurance.
B. It is the contractor's sole responsibility to obtain and maintain workers compensation and general and
automobile liability insurance.This section is not intended, nor was any previous version of this section
intended,to create or impose any duty upon the District to ensure that contractor obtains and maintains
this insurance. However, due to the importance of liability, safety and insurance issues, the District
may, on a case-by-case basis, investigate the contractor's workers compensation, general and
automobile insurance coverage at any time. Failure of the contractor to obtain and maintain workers'
compensation insurance and liability coverage as set forth in this section may cause the denial and/or
suspension of a contractor's permit, at the sole and absolute discretion of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.08.020 State excavation permit required.
A person who employs others and applies for a sewer werk 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 5.10 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. 253 § 1(Exh. A(part)), 2008)
5.08.030 District ownership of unclaimed securities or cash bonds.
A. Subject to the provisions 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 and served.At any time 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 shall 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
publication of the notice.
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B. Upon or prior to publication 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 the unclaimed money becomes the property of the District as provided by this
Chapter and the provisions of Government Code Section 50050 et seq. The District shall accept or
reject the claim. If the claim is rejected,the party who submitted the claim may file a verified complaint
seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within
Contra Costa County, and serve the complaint and the summons upon the District 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 —Corrective order.
5.10.030 Nonconforming work under a sewer work —Corrective order.
5.10.040 District may correct work and collect costs.
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/recycled water work which are provided for in this chapter are cumulative to any other enforcement
provisions, penalties and remedies which the District may have available under any other provisions of this
code or general law. 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 code or general law.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.10.020 Failure to obtain sewer workpermit— Corrective order.
When a sewer werk 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/distribution system any sewer/recycled
water line constructed, excavated, repaired, rebuilt, altered or reconstructed without the necessary permit;
and/or to expose completed work for inspection.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.10.030 Nonconforming work under a_sewer work-permit— Corrective order.
If the work performed or activity conducted under any sewer werk permit violates any term of that
permit or does not conform to pertinent District Code 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/recycled water which is the object of the work is located, or both, to desist from further work, remove
existing work, disconnect from the District collection/distribution system any sewer/recycled water line
constructed, excavated, repaired, rebuilt, altered or reconstructed, expose completed work for inspection.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 District Code 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 5.10.050 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 werk permit or of this code 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 5.10.050 or from any responsible party, as set forth
in Section 1.08.100. All emergency corrective work shall be to the extent and degree deemed
appropriate by the General Manager in his or her sole discretion for the purpose of safeguarding public
health and safety.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.10.050 Collection of costs resulting from violation.
Whenever a person fails to obtain a sewerwork permit 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
Code 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 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 Section 1.08.100.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Title 1, 5, 6 & 7
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 sewerwork permit suspension or revocation.
5.12.030 Contractor registration and procedure for suspension of contractor registration.
5.12.010 Suspension or revocation of sewer work permits.
The District may suspend or revoke any sewer werk permit if the permit holder fails or refuses to
comply with each provision of the permit, pertinent provisions of this code, the specifications, rules and
regulations of the District, the orders of District staff, or pertinent rules and regulations of a federal or state
agency or to pay any sewer/recycled water work permit-related fee, charge or financial obligation (e.g.,
inspection fees). Nothing in this section shall be interpreted as creating or imposing any duty upon the
District to ensure that sewerworkpermit holders comply with state worksite safety laws. Nonetheless, to
the extent that District staff observes any safety violations, the District shall have the right to refuse
inspection or revoke or suspend a permit and notify the Division of Occupational Safety and Health, state
of California, or any other appropriate agency.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.12.020 Procedure for sewer work permit suspension or revocation.
A. If sufficient grounds exist under Section 5.12.010, District staff may suspend or revoke a s �
werk permit. Prior to suspension or revocation, District staff shall give written notice of the grounds for
the suspension or revocation and the effective date of the suspension or revocation. All notices shall
provide a reasonable opportunity to correct the stated violation(s)or act(s)of noncompliance and shall
be served in the manner prescribed by Section 1.12.020.
B. The suspension or revocation of the sewer werk permit shall continue until the permit holder corrects
or removes the grounds for suspension or revocation to the satisfaction of the District.A permit holder
whose permit has been revoked shall reapply for a new permit.
C. A sewer Werk permit holder may appeal the suspension or revocation of a permit to the Board after
the issuance of a final staff decision pursuant to the procedures of Chapter 1.16.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.12.030 Contractor registration and procedure for suspension of contractor registration.
A. In order to apply for a sewer werk permit, a contractor must demonstrate its possession of appropriate
licenses and register with the District.
B. In addition to or separate from the suspension or revocation of a sewer werk permit under Section
5.12.020, the District may also suspend a contractor's District registration preventing the issuance of
future sewer werk permits during the period of suspension of the contractor's registration. Grounds for
the suspension of District registrations shall include, but not be limited to unwillingness, inability or
refusal to comply with the provisions of this code, the Standard Specifications or other District, state
or federal rules, regulations or procedures or to pay any sewerwork permit-related fee, charge or
financial obligation (e.g., inspection fees). Such an accumulation of violations could also include, but
not be limited to violations of this title, receipt of notices of violation,damage to District facilities,failures
to obtain appropriate inspections, noncompliance with standard specification requirements and failures
to promptly correct poor workmanship. The duration of a suspension of a District registration shall not
exceed two years. Reinstatement of a contractor's registration shall at minimum be contingent upon
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 suspension 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 staffs discretion, a notice of suspension of a contractor's District
registration may be combined with a notice of suspension or revocation of a sewer werk permit.
D. A sewer werk permit holder may appeal the suspension of a contractor's District registration after the
issuance of a final staff decision pursuant to the procedures of Chapter 1.16.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 5.16 - SEWER OWNER'S IMPROVEMENT AGREEMENTS
Sections:
5.16.010 Requirement for agreement and security.
5.16.020 Agreement form.
5.16.030 Form of security.
5.16.040 Disposition of security in the form of cash or check deposit.
5.16.0...50 Condition for release of security.
5.16.060 Notice of requirement.
5.16.070 Effective date and acceptance date.
5.16.080 Actions against security.
5.16.090 Reduction of security.
5.16.100 Return of security.
5.16.110 Unclaimed security.
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5.16.010 Requirement for agreement and security.
A. Findings and Declaration of Purpose. The Board finds that a property owner seeking to install new
public sewer/recycled water facilities to serve his or her property shall provide appropriate assurance
that the work is diligently pursued to completion. The Board further finds there is a need
for sewer owner's improvement agreements and accompanying project security to assure the District
does not become responsible for completion of sewers/recycled water facilities in private
developments and to indemnify the District from liability arising from construction of new facilities by
private parties. The agreement and project security are also needed to assure new public
sewer/recycled water facilities are constructed in accordance with plans and specifications for the work
as reviewed by the District.
B. Submittal for Proposed Public Sewer/Recycled Water Facilities. The property owner that undertakes
the private work of installing new public sewer/recycled water facilities or his or her properly authorized
agent shall execute an owner's sewer improvement agreement and deposit security with the District in
the amount and in one of the forms required by Section 5.16.030 for each project. The District may
require documentation properly demonstrating agency authority before accepting an improvement
agreement or security from an agent for the owner. The owner's sewer improvement agreement and
project security, must be legally executed and submitted to the District before any contractor's permit
for the work can be issued.
C. Submittal for Proposed Private Sewer Facilities. The owner of the property to be served by new
commonly used private sewer facilities, such as private sate ^motorcollection systems serving more
than one building (as in an apartment complex), or his or her properly authorized agent, shall execute
an owner's sewer improvement agreement for each such project. The District may require proper
documentation demonstrating agency before accepting the signature of an agent. The owner shall
deposit a properly executed improvement agreement with the District before GeRtraGter'S ^
mea permit for the work can be issued. No security is required for issuance of permits for private
sewer facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.020 Agreement form.
The General Manager will prescribe the form of the owner's sewer improvement agreement.
(Ord. 253 § 1(Exh. A(part)), 2008)
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, cash, cashier's check, certificate of deposit or irrevocable letter of credit from
an institution and in a form 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 will become a part of the public sewer/recycled
water system. The District may also require the submission of a security to ensure the payment of
suppliers and subcontractors, if required by the circumstances of the project, to ensure the availability
of legal remedies for such persons in the event of nonpayment by the property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 project security account.
The District shall give the depositor a receipt for such deposit. Interest shall accrue monthly on a cash or
check deposit at the average monthly rate of the local agency investment fund.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.050 Condition for release of security.
As a condition for release of the security, 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 local, federal and state agencies. The security shall guarantee the
owner's faithful performance of the agreement, the diligent completion of the construction of
thesewer 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 to be satisfactorily completed and the work is finally
accepted. If deemed appropriate by 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. 253 § 1(Exh. A(part)), 2008)
5.16.060 Notice of requirement.
District staff shall advise owners of the requirement for the owner's sewer improvement agreement
and security in writing after plans for the work have been received by the District for preliminary plan
review.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.070 Effective date and acceptance date.
A. Effective Date. The owner's sewer improvement agreement shall become effective on the date set
forth as the "effective date"on the agreement form.
B. Acceptance Date. The date all work required by the provisions of the District's standard specifications
and this code is completed, inspected, and accepted by the District in writing shall be the acceptance
date of thesewer improvements.
C. 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. 253 § 1(Exh. A(part)), 2008)
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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 owner's sewer improvement agreement, 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
owner's sewer improvement agreement, whether by his or her signature or that of an agent, the owner is
deemed to have waived any right of prior notice as a prerequisite to the District claiming or proceeding
against the owner's security.
Nonetheless, solely for the purpose of administrative appeal under this code, the affected owner shall
be notified in writing by District staff of any such claim against his or 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 claim against his or
her security in the manner provided by this 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. 253 § 1(Exh. A(part)), 2008)
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 five 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. 253 § 1(Exh. A(part)), 2008)
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.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.16.110 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 security may 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 seq. For purposes of compliance with such procedures, the three-year holding period shall begin
upon the end of the one-year warranty period for e,moo,tithe improvements.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Title 6 FEES AND CHARGES*
Chapters:
Chapter 6.04 - PERMIT AND LICENSE FEES
Chapter 6.08 -ANNEXATION CHARGES
Chapter 6.12 - CAPACITY FEE PROGRAM
Chapter 6.20 - REIMBURSEMENT FEES
Chapter 6.24 - SEWER SERVICE CHARGE
Chapter 6.26 -ANNUAL INDUSTRIAL PERMIT FEES
Chapter 6.30 - SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND
CHARGES
Chapter 6.38 - RECYCLED WATER CHARGES—LANDSCAPE IRRIGATION
Chapter 6.40 - HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR CONDITIONALLY
EXEMPT SMALL QUANTITY GENERATORS
Chapter 6.41 - REPEAL OF PRIOR FEES AND CHARGES
Chapter 6.04 PERMIT AND LICENSE FEES
Sections:
6.04.010 Time of payment of fees.
6.04.010 Time of payment of fees.
Each fee prescribed in this title is due at the time of application for the service or permit to be provided
and the District may not issue the permit or provide the service as the case may be until the applicant pays
the fee.
kura. 156 g 1(Exh. A(part)), 2008)
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Chapter 6.08 ANNEXATION CHARGES
Sections:
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 new parcels to the District. The Board of
Directors further finds that it is necessary to impose an annexation charge upon the owners of parcels when
such parcels are annexed to the District in order to recover the administrative and related costs resulting
from the annexation.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.08.020 Annexation charge.
The owner of real property which is annexed to the District shall as a condition of annexation pay to
the District an annexation charge to cover the 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.08.030 Determination of annexation charge.
A. Large Annexations and Reorganizations. When a petition for annexation is processed as a
reorganization (two or more changes of organization initiated in a single proposal), or where the
petition for annexation is for a property proposed to be developed into ten or more subdivision lots,the
property owner shall be charged an annexation charge equal to the District's actual administrative and
related costs to process the annexation. An initial deposit shall be due and payable upon the property
owner's submittal of a petition for annexation to the District. Additional costs that exceed the initial
deposit amount shall be due and payable within forty-five days of the date of the District's invoice
mailed to the property owner by first-class mail, which billing may be on a monthly or less frequent
basis at the District's discretion.
B. Other Annexations. The Board of Directors shall from time to time, after conducting a public hearing,
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 defined as one involving a parcel
or parcels other than those processed as large annexations or reorganizations under subsection A of
this section. Such charges for standard annexations shall be incorporated into the schedule of
environmental and development-related rates and charges of Chapter 6.30 of this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.08.040 Time of payment of annexation charge.
For large annexations or reorganizations, the annexation charge shall be due when a petition to annex
the parcel(s) is submitted to the District. For standard annexations, the District shall collect annexation
charges at the time a permit to connect to the public sewer is issued.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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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 Schedule of capacity fees, rates and charges.
6.12.090 No prepayment 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
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 chapter.
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 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 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
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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 fund are set forth in the District's capital
improvement budget and plan which is revised and updated periodically .
G. The pertion ef the revenues GolleGted pursuant te this Ghapter designated fer equalization of
4 nvestment between existing and new users in the running expense fund and self insuraRGe f,
balanGes shall be used te fund the new users' PGFtiGR ef the prudeRt reserve requirements of
these fURds, as SUGh requiremeRtS may be established frem time te tome at the diSGretien ef ffie
#G. 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 6.12.080(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.
1H. 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.
JI. 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.
KJ. 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
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 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 chapter and adopting the capacity fee program
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in that a notice of exemption has been prepared setting forth Public Resource Code Section
15378(b)2-7-3(diStFi,.+ C;EQA,,uideliReS co,.+,,., 17.7 (a) (4)) as the basis for this exemption,
for the reasons set forth in subsections (KJ)(1) and (2) of this section, 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 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, the 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 or her connected buildings or facilities pays his or her fair share of the cost of District
services and facilities. It is the intent of this chapter that the capacity fee program together with the
other revenue programs of the District provides 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 chapter 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. 253 § 1(Exh. A(part)), 2008)
6.12.020 Adoption by ordinance.
The District Board of Directors may, (A) establish zones recognizing areas where a significant
differential in the cost of providing services and facilities exists, (B)adopt capacity fees, rates and charges
for residential units within each zone, and (C)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 fates;fees and charges as may be proposed
for Board of Directors' consideration from time to time. The fees, charges, fates and RUE factors set forth
in the ordinance shall be based on an engineering application of the principles set forth in this chapter. 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 6.12.080 (Schedule of
capacity fees, rates and charges).
(Ord. 253 § 1(Exh. A(part)), 2008)
6.12.030 General provisions.
A. Definitions.The following terms shall have the meaning set forth below for the purposes of this chapter.
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;
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b. An existing connection from a par^8' where the estimated volume of flow or the strength of
the wastewater discharged from such con nectionpa Gel will be increased due to construction
of additional units of measure, or a change in use of the buildings or facilities. en the ParGel
This increase in flow or strength shall include an existing connection from a nonresidential
connectionparce4 where the units of measure attributable to such connectionparce4 has at
any time been increased, including any combination of increases over time once such
increases are known to therp opertyparce4 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 on a propertyfFem 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. ° change of use .Y increase r loosen 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.
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 single family 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,
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condominiums and tGWRhe11mobilehome residences, and accessory dwelling units.ether
househeld worker quarters o Rite
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, classrooms, parGel Qoreagee
units, seating GapaGity, number of beds and/GF Rumber of employees or Gustorner-s aRtiGipated-,
or other units of measure determined to be appropriate as listed in the Schedule of Capacity Fees,
Rates and Charges.
B. Administration. The General Manager shall administer, implement and enforce the provisions of this
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
chapter shall be separately accounted for and used as follows:
1. The portion of the revenues collected pursuant to this 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 periodically.every two yen
2. The portion of the revenues collected pursuant to this chapter 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.
1. Except for users who apply to connect an evicting home to the District's public sewer system
concurrently abandon the septic tank system serving the property and elect to participate in the
"capacity fee installment payment programs" as provided below, payment of capacity fees shall
be due and made prior to the time of imposition of any added burden. if a pew ^^oneGtion is
preposed by the user makiRg appliGation for a permit, payment shall be made at the time ef the
,.enneGt,en ,s prepesed by the user, payment shall he due an,t Payment of Capacity Fees will be
made at the time the District reviews-approves building plans_ related to the Ghange of 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.
2-. GapaGity fee iRstal'MeRt payment pFegram. Users whe apply tG Gc)nReGt aR existing heme to the
"
IpFegFam"). The
program shall be subject to the following limitations:
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a. Only residential properties beiRg G-A_.nVortP_o frA-m use of private septiG tank systems to publi
sewer seWiGe shall be eligible to part Gipate in the program.
b. Users who e!eGt to partiGipate on the program shall be assessed administrative Gharges at the
r;;teS; and in the Manner esta-hiffishp-d- for. the r.-ApaGity use program On the SGhedule of
environmental and development related rates and charges in effect as of the effective date of
section, and as such rates may be modified in the future On accordance with the provisions-of
Chapter 6.30
G. As a Gondition of part.Gipation in the program, a user shall exeGute a promissory note and eRte
into amemo f anrooment in the DistrOEWs standard form therefor•
d. if a property owner e!eGts to partiE;ipate on the program,the GapaGity fees that would othepNise be
due at the time A-f tho DiStFiGt'S issuanGe of a permit to GenneGt to the publiG sewer shall be
fi4 DiStFiGt ever a ten year period at the interest rate established for the GapaGity use
anoordanne with the provisions of Chapter 6.30
0
e. The District shall collect annual installment payments due under the program on each year's-
Contra Costa County Property Tax Roll.
f. The general manager or his/her designee is authorized to execute and record the required
program memoranda of agreement and releases of agreement on behalf of the District.
23. Under ordinary circumstances where a connection permit is sought, or where the District receives
prior notice of 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.
34. 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;or 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.
45. Penalties for delinquent capacity fees shall be in accordance with Section 1.08.080 (Penalties for
delinquent payments). 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 chapter, in addition to any fees, penalties, interest
or other amounts to which the District may be entitled.
E. Capacity Fees for Unpermitted Work.
1, Capacity Fees for all other uses for which the District did not receive a request for a connection
permit or building plans for review shall be charged at the rate that is current at the time of
discovery.
2. Capacity Fees for an Accessory Dwelling Unit constructed prior to January 1, 2018 for which the
District did not issue a permit shall be charged as a multi-family residential unit.
€F. 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
chapter that the parcel owner at the time the added burden occurs should be ultimately liable as
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between the persons jointly responsible for payment of the fee as set forth in this 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 of
unpaid or delinquent fees may not be apparent from title report information.
G. 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 value of the assets 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.
H . Additional Fee. The revenues provided by collection of the capacity fees pursuant to the provisions of
this 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.
IG. Authority to Inspect Parcels. In order to effect the powers of this chapter and pursuant to Section
6523.2 of the Health and Safety Code of the state, 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 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
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. 253 § 1(Exh. A(part)), 2008)
(Ord. No. 263, § 1, 9-2-2010)
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 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 chapter.
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zones,users, has established and may, OR the future, establish ze-Res vVithm the DiStFiGt as, A-�.A.fh(91e in erder te
mere equitably establish fees fn-.r lepAtieRS withiR the DistriGt haviRg 6igRifiGantly diffeFiRg GGStS fe
estimated cost of providing wastewater utility services and facilities is similar shall be included withiR
the same zone. Zone 1 shall include all parcels served GOrnpletely by the gravity collection system,
whereas Zone 2 shall include all parcels that require District operated sewage purnping facilities te
GeRvey their wastewater te the gFaVity Gel!eGtffiGR system. The fees established fer Zene 1 and Zene 2
shall differ in prepertien te the differeRGe iR Gosts attributable to providing GapaGity fer new users withiR
eaGh zone. The Beard ef D'reGtGFS may establish additional by ,
as GirGumstaRGes-
mafrom tomo to tomo�. nt
gi
BS. Basis for Capacity Fees. Capacity fees for residential units shall be set from time to time as provided
in this 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 chapter 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 resodeRtial YRitS by the standard residential unit fees fer the zene within whiGh the
„nuts e Ienate.J
C9. Capacity Fees for Accessory Dwelling Units (ADUs), as defined in Title 7 Article 2 of the California
Government Code (Section 65852.21, which includes efficiency units as defined in 17958.1 of the
Health and Safety Code, shall conform to the requirements therein. "Existing Space" is defined as
space for which a building permit has been issued, all conditions of the building permit have been
satisfied, and the building permit has been closed for at least 3 years.
D. Other Additional Residential Units not meeting the criteria for ADUs. 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 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 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 a full bathroom consisting of a sink, a toilet,
and a shower or a tub and kotGhen, : an additional sink located outside the bathroom area;-as well as
a multipurpose or bedroom area-hand 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).
Capacity Fees for AccessoFy Dwelling IJRit6 (ADIJ6), as defined in Totle 7 Artide 2 Af the California
Gevernment Cede [SeGtmGn 65852.2 ] shall conform to the requirements thereon. "Existing SpaGe" is
defined as spaGe for whiGh a building permit has been issued, all Gonditions of the building permit have
been satisfied and the building n mot has been slese.d for at least 3 years.
E. Residential Capacity Fee Installment Payment Program. Users who apply to connect an existing home
to the District's public sewer system and concurrently abandon a septic tank system serving the
property may elect to participate in the capacity fee installment payment program (the"Program"). The
program shall be subject to the following limitations:
1. Only residential properties being converted from use of private septic tank systems to public
sewer service shall be eligible to participate in the Program.
2. Users who elect to participate in the Program shall be assessed administrative charges as
established for the Program in the Schedule of Environmental and Development-related
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Fees and Charges in effect as of the effective date of this section, and as such fees and
charge may be modified in the future in accordance with the provisions of Chapter 6.30
3. As a condition of participation in the Program, a user shall execute a promissory note and
enter into a memorandum of agreement in the District's standard form therefor;
4. If a property owner elects to participate in the Program, the capacity fees that would
otherwise be due at the time of the District's issuance of a permit to connect to the public
sewer shall be financed by the District over a ten-year period at the interest rate established
for the Program in the Schedule of Environmental and Development-related Fees and
Charges in effect as of the effective date of agreement, and as such fees and charge may
be modified in the future in accordance with the provisions of Chapter 6.30
5. The District shall collect annual installment payments due under the Program on each year's
Contra Costa County Property Tax Roll.
6. The general manager or his/her designee is authorized to execute and record the required
program memoranda of agreement and releases of agreement on behalf of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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
6.12.040(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 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 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
tangible criteria of measurement. The unit of measure may vary between user groups.
D. Calculation of the Capacity Fees for Nonresidential Uses.
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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 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:
FLO, + 13 BODC + TSSC Actual Number of
FLO a BODS
�TSS Units of Measure
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),
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.
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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 wastewater 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. GapaGity Fees fer Shell BuildiRg& GapaGity f8eS fer shell buildiRgS, that 06, buildiRgs with fiRished
extermers and upfopished- interiors, shall be GaIGUIated by appliGation of the appropriate user group YRO
A-f measure and RUE faRp-te.rs 6.12.080 (SGhedule Of GapaGity fees, rates and
Gharges),to the entire buildiRg. For example,fees for business effir--e shell buildings ;hall he hased OR
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 she!! buildings shall be based on the warehouses user group (Use Code 1W)
„n'+of measure and RUE factors
E . 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 6.12.080
(Schedule of Capacity Fees, ates and Charges).
1. If District staff an individual user within a „oer`rre„n believes that the applicable capacity fees as
determined by use of established units of measure and RUE factors may be+s-unreasonably high
based on the user's anticipated site-specific wastewater flow and strength,that user may request
thata special study shall 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 Ghanter er n„rsuan++o a „ser request shall be based
upon an engineering application of the principles set forth in this chapter and to the particular
wastewater flow and strength factors of the user subject to the special study.
if the speGial study is GGFnpleted prior to the time payment Of GapaGity fees is due, the amquRt-ef
the payment shall be based on the results of the speGial study. HeweveF, Of the speGial study�is
requested fewer than thiFty Galendar days prier to the time payment Of GapaGity fees i6 due, apd
the speGial study Gannet be GOMpleted prier to the tome SUGh payment is
OF if the genefal
mana`ver determines that adequate flew o otren.,th da+a novo net a io+ +o o � ert the o al
�gcrvcc�.�-rrrmc�rrcrc-crcrccTaucc-rrvvrv��r,-cncimzrura-vvcT�vc-cicrvsz��'"�'
§1g4y,:the user shall pay capacity fees determined by appliGation-ef. the --mlits ef. lmea;&Wre and
RUE factors Mcluded in Section 6.12.080, (Schedule Of GapaGity fe8s, Fates and GhaFges). if
64 , .., )mpleted speGial study results in a GapaGity fee that eXGeeds the initial fee aGtually
paid by more than ten peFGent, the useF shall be respensible for the d'#erenGe, and will be bi
therefor. if the speGial study Fesults in a GapaGity fee that as mere than ten perGent less than the
2. Monitoring of Burden and 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, shall may required by the District to
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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.
If the subsequently completed monitoring and reevaluation 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. The user shall be responsible for payment of any additional fee within thirty days
of receipt of a District invoice therefor if the reevaluated fon is more than fon peFeenf greater than
the actual capacity foo eriginally pair!
F#. Non-Residential Capacity Fee Installment Payment Program ("the Program")rapaG4y I Ise (`haW
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 fee installment payment u6e Gdeprogram was established to allow for time
payment of capacity fees. Only the g „it„ n eit„ fee as set ferth m e fully in Section F 1 2 080
(SGhedule of capacity fees, rates and GhaFge6), is eligible fp-.r the ruapaGity Use Gharge program. The
p ,mning n pity fee is net incl,id d in then pity charge program
To implement the prograrn the Board of DireGtors adopted, as part of the SGheduie Of GapaGity fees,
"Initial
• payment"
threshe
Participation
in the Gapanit„ use charge Pprogram shall be at the option of the user, with the concurrence of the parcel
owner.
For those users withiR user groups the GapaGity use Gharge program whiGh e!eGt not to
paFtiGipate on the prograrn, GapaGity fees shall be assessed as ethepNise pmvided for in this Ghapter.
For those users within use. gioups included in the capacity use charge program which elect to
participate On the program, Gapacity fees initial payment, and current year capacity use charge based on
the number of months Femaining On the current fiscal year shall be assessed at the time the District reviews
peFtinent building plans. SUGh fees and Gharges are payable at the time of the DiStF'Gt'S issuanGe of a per
te GenneGt te the publiG sewer for a neW GeRneGtien, or at the time the DistriGt reviews building plaRS fer-a
GhaRge ef use. Subsequently, fer a fifteeR year period, eaGh user partiGipatiRg OR the pregrarn shall be
assessed and shall pay an annual GapaGity use GhA ____rdanGe with this SeGtien. The payment e
capacity ise charge n
The annual GapaGity use GhaFge shall be boiled and GA-11P-G-ted fA-.r e-AGh user paFtiGipating on the prograrn
n the sarne manner as that 1-1-se.06_annual sewer seFViGe Gharge is hilled- -and P_oIIeGtGdeither by plaGernent
on the tax Fell OF by direct billing for.� . inrI of fifteen „ears '
e
The program shall be subject to the following conditions:
a. For users who elect to participate in the non-res4denfial a nit„fee installment payment Program,
capacity fees shall be assessed as otherwise provided for in this chapter.
If a user elects to participate in the Program, the capacity fees that would otherwise be due at the
time of the District's issuance of a permit, shall be financed by the District at the interest rate and
for the number of annual payments listed in the Schedule of Capacity Fees, Rates and Charges
in effect as of the effeGti� �date the agreement is signed of this csentien and a ch rates may be
modified in the future erdance with the prevmsmens of Chapter-6.30.
b. The 'nidal rr,in iAt for users I.A.fhe elect to participate 'n the prowarn shall he as lister!
of GapaGmtv Fees, Rates and Charges—a.....- _1 thirty peFGent of
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f RUE f + h' h +h + Th i+i I + d +
sa�c�t�=-«�T���a�ri�,���s--�,�aa�ar�e-:;�,�,a�a=or��raT;��;;T��ea;�;orr
permi++o Gorman++o the p blip sewer
SubE;eo en+I.. for a +en vear Warier! eanh user nar+inina+ins in the nreoram shall nav an annual
nor, r sirlen+i-AI n ni+..fee ins+-Allman+ n n+
c. Zone 1 and Zone 2 fees, if applicable, may be financed under the Program.
d. Users who elect to participate in the program shall be assessed annual administrative charges at
the rates and in the manner established for the capacity use program in the Schedule of
Environmental and Development--related Fees fates-and Charges in effect as of the date the
agreement is signedeffen+i„e date of+his son+inn and as such rates may be modified in the future
in accordance with the provisions of Chapter 6.30.
e. The District shall bill and collect an annual non-resoden+i-AI capacity fee installment payment 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.
I Isers ,..ho elan++o n-Ar+inin-A+e in +henewam all shhe erl -AI -Arlminis+r-A+i..e charges-at
seGtwon, and as SUGh rates may be rnGdlfmed in the future on aGGOrdanGe with the I)FOViSiORS-of
Chapter 6.30
f. As a condition of participation in the program, a user shall execute a promissory note and enter
into a memorandum of agreement provided by the District in a form suitable for recording. ;
I,is+rin+'s s+anrl-Arrl form +h—
The payment of n nit fees fer , within Zone 2 shall ne+ he affen+ed h . user's
eleGtmeR te PaFtmGmpate in t«e non re +al fee ' +-Allman+ +
�Ttl enrrurrcc�i=r�Tcnr-pa-Aymcnr-pr�ir.
fG4GWS
GaiqaGItV Use (`haa Q-Alanne x
Annual Capacity Use e Charne Payment= t
the prodmt of the flow (i.e., the user's annual billable Gonsumptien used fer Ga!GU!at'en ef the sewer
seFViGe E;harge),and an annual GapaGity use Gharge rate set forth in SeGtien 6.12.090 (SGhedule Gf GapaG't!,f
fees, rates and Gharges). Billable Gensumptien shall be based en the user's metered water flew, er on a
D'StFiGt estimate where the user shares a water meter with aRGther business er bUSOResses.
falIGWiRg formula:
Capaeoty Use ChaFge 'R4€.g-461€,p}
xRLJF x AGF
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where:
f aigaGitV Use Charge BalaRGe -Tetal f apaGi+y Coo due loon ini+iol n on+
i - interest rate adopted by the Beard of. D#en+e-s
rl - 119
RE -
RE+p-
#SF The
of G uhiG feet(HC( Fl
RI IC - Th gravity nononity fee fnr o residential nit lent in dellorc
r-cvrrrr� capacrc�rcc�vruTcvra cnrrur-arrrccq�a'rvurcnr�n-vvrtars
.A.G.Fm - Npnival GhaFge far--Ae.r An a fifteeR year tp-Hm. and- th,-Q rate A-f ipteFest adopted by the
Board of D*PeGtOrs as part of SeGtion 6.12.080, (SGhedule Of GapaGity fees, rates and Gharges),
determiner! by the fellewing fermi ale•
I(1 + ZL where i - the interest rite adopted by
ACF (1 t 11 za 1 th-5 Hoard.
plaRS, for eaGh USeF gFGUP the program shall be determined based A-.n the fA-I'A-�.V'Rg formula:
—r
mar /QI IC 1v DII T (NuF,beF0 (NuFnbeF
Gapaeity Use TF� �4 AAAR*hs; t;
Chafge M eases) Fiscal,
where:
RU.€.g�JE€,, RI IC and CIF are as definer! above
In the event an added burden is discovered for which capacity fees have not been paid, and the user
EAtegor„ is one w hiGh is otherwise eligible for the Non-residential Capacity Fee Installment Payment
Gapa,.i+„ use Ghy e Pprogram, the General Manager may, at his or her discretion, allow the user to
participate in the Program nen resideRtial fee or payment of fees resulting
from the added burden.
In the event that
nrei 1n nen+inues through the next fionol year r longer, or where there is a cessation of use of the parcel
which continues through the next fiscal year or longer, participation in the program shall be suspended.
Where there is a resumption of use on the parcel,
-a subsequent change of user group occurs to a user
the
pregram, the subsequent user may participate in the Eprogram and the required term for payment of
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capacity use charges shall be fifteen years less the years of prior participation by users occupying the same
tenant space on the parcel.
The agreement may be terminated and credit given for all capacity fees paid if the General Manager
determines that a change in use has occurred on the parcel which reduces the wastewater burden to a
level that the collection of additional annual payments is not warranted.
GI. Capacity Use Charge for Facilities Use Under a Special Discharge Permit. The Board of Directors
finds that it is 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 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:
RUES T number of residential unit equivalents of the discharge as determined pursuant to the
formula in subsection D (Calculation of Capacity Fees for Nonresidential Uses)of this section,
RUF = The capacity fee for a residential unit equivalent in the applicable zone, in dollars, included in
Section 6.12.080 (Schedule 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 6.30.0200(Schedule of Environmental and Development-related
Fees and ChargesGapaG y ees rates ins daafges), determined by the following formula:
DCF = i/ 365; , where i = the annual interest rate adopted by the Board.
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. 253 § 1(Exh. A(part)), 2008)
6.12.060 Change of use.
A. Added -R rd-ep.Any change of use for a parcel which results in an added burden as defined in Section
6.12.030(A) 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 chapter. 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 group. If the fee calculated
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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
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 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. 253 § 1(Exh. A(part)), 2008)
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 section.
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 permitted by the relocated business credit provisions of this title.
B. Demolition/Change in Use Credits.
1. A credit is 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 chapter, based on the
capacity fees, rates and charges in effect at the time the credit is requested.
2. A credit for a change of use of a parcel 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.
3. 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.
4. 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 i
te by the DmStF'Gt iR lieu ef payment ef watershed fees), the paFGel eWRer may reGe.— -
against unpaid GapaGity fees whiGh beGerne due eR the pamel feF the previeusly paid watershed
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fees. The Gredit shall be OR the ameunt of the watershed fee paid GR the paFGel Gr the ameuR
the watershed fee fGF SUGh paFGel on e#eGt immediately prier te july 1, 1989,whiGhever is great
CD. Relocated Business Credit. As stated in this chapter, capacity fees run with the parcel and are
typically not transferable among parcels. Nonetheless, the Board may at its discretion permit a
property owner or holder of a leasehold estate to transfer previously paid capacity fee payments
from one property to another (i.e., receive a capacity fee credit) when a business is relocated
within the District. The Board shall consider any relocated business credit request on a case-by-
case basis and may review all relevant factors, including but not limited to forced or involuntary
relocation brought on by-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. All approved relocated business credits shall be in a written agreement between the
District and all parties with an interest in the original 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 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 right to transfer capacity fees and shall only be available to address unusual or unforeseen
circumstances where the imposition of a second capacity fee for the same business would
effectively result in a duplicate charge for the use of essentially the same capacity. Furthermore,
this subsection shall not in any way create a right to engage in a general commodity or exchange
market in capacity credits between different businesses, entities or persons.
D€. 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.
E . Payment for Capacity Fee Credits Not Applicable.Credits as calculated pursuant to the provisions
of this chapter 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. 253 § 1(Exh. A(part)), 2008)
6.12.080 Schedule of capacity fees, rates and charges.
The Board of Directors has set capacity fees, rates, and charges by ordinance, 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 or her connected buildings or facilities
pays his or her fair share of the cost of District services and facilities.
The actual schedule of capacity fees, rates and charges shall be kept on file with the Secretary of the
District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.12.090 No prepayment of capacity fees, rates and charges.
With the exception of the credit provisions set forth in this chapter, no prepayment of capacity fees,
rates or charges is permitted.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.20 REIMBURSEMENT FEES
Sections:
6.20.010 Policy statement, findings, declaration of 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.
6.20.090 Administration 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.
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 Rebate fees and charges accrued prior to June 1, 1998.
6.20.300 Schedule of reimbursement fees.
6.20.400 Customer reimbursement of District 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.
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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 section.
5. That rebate accounts, and rebate amounts established under prior ordinances, before June 1,
1998, remain in full effect and shall be considered to be reimbursement accounts, and
reimbursement amounts under this chapter.
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 chapter.
D. The following definitions apply to this 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, creek or channel crossings requiring bridges, trestles, culverts,
and/or channel modifications, greater than twenty-foot trench depth, unusually costly shoring or
traffic control measures, or other nonstandard 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 or 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. 253 § 1(Exh. A(part)), 2008)
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 6.20.030(A).
Alternatively,the installer may apply for early establishment of a reimbursement account by completing
all of the submittals required by Section 6.20.030(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 therefor. 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 6.20.030(A)(4), no later than
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six months after the District's acceptance of a standard facility,to remain eligible to receive reimbursements
under this chapter.
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 6.20.030(B). To remain
eligible to receive reimbursements under this chapter after the District's acceptance of the special
facility, the installer shall also complete the post-construction submittals required by Section
6.20.030(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. 253 § 1(Exh. A(part)), 2008)
6.20.030 Installer submittals.
A. Post-Construction Submittals for Standard Facilities. No later than six months after the District's
acceptance of a standard facility, the installer shall submit all of the following to the General Manager:
1. A copy of approved job plans;
2. Reimbursement account application;
3. Appropriate account setup fees;
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
5. 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.
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 or her application for the permit:
1. Reimbursement account application;
2. Appropriate account setup fees;
3. A scale map delineating the special facility, as well as all parcels which could reasonably be
served by the special facility;
4. 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;
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
6. Estimates satisfactory to the General Manager of the costs of engineering, right-of-way,
construction and bonds for the special facility.
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C. Post-Construction Submittals for Special Facilities. In addition to the preconstruction submittals
required by Section 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 6.20.030(B), updated to show any
changes.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.040 Reimbursement fees and agreements.
A. All reimbursements for installers pursuant to this 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 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 parcels, ^^^^^^}k^^c ^r residential unit equivalents, or connections 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 or her judgment in determining the actual reimbursement fee that applies when, in his or
her opinion, modifications are justified.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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
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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. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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 therefor. 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. 253 § 1(Exh. A(part)), 2008)
6.20.090 Administration charges.
The Board may from time to time set up reimbursement program administration charges, including but
not limited to charges for the creation of reimbursement accounts and transaction fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 the agreement between the installer and the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.200 Funds and accounts.
Funds collected by the District under this chapter shall be placed in segregated accounts for each
project for which reimbursement fees or deposits are established. When funds are collected, the District
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shall send a written notice to the installer's last known address. The District shall disburse funds only upon
written request of the installer.
Regardless 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, afte
reasonable efforts by the District to provide notice of the existence of such funds, the funds shall become
the property of the District in accordance with general law.The District will close the reimbursement account
and depesit said funds iR the DistriGt'S sewer GeRstrlo!GtieR fund. Said netiGe and depesit disselves any and
all Gla'm the installer may have had te the reimbursement funds, and the DistriGVS GelleGtien ef
reimbursement fees fer the standard o speGial faGii ty shall
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.210 Adjustment of reimbursement fees.
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 or 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 from or refunding excess reimbursement
fees to previous connectors.
B. The General Manager shall review reimbursement fees from time to time for the increase or decrease
in the value of facilities over time. The Engineering News Record Construction Cost Index shall be the
basis for any adjustment and no other interest component will be considered.
C. There shall also be a straight-line 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
chapter is seventy-five years for sewers and forty years for pumping stations.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)6.20.230 Expiration of reimbursement fees.
All reimbursement fees adopted prior to June 1, 1998 shall expire on June 1, 2018. Each
reimbursement fee adopted pursuant to this chapter 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 reimbursement fees shall cease on the
expiration date. Any funds remaining in an account as of the fee's expiration shall be processed pursuant
to Section 6.20.200, and the reimbursement account shall be closed.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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6.20.250 Effect of chapter.
This chapter or any action taken pursuant hereto does not create any right, title or interest in any
property. The Board may change or repeal any portion of this chapter at any time. No property right
becomes vested by operation of this chapter and the District is not liable for damage of any nature related
to any change or repeal of any portion of this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.260 Rebate fees and charges accrued prior to June 1, 1998.
For the purposes of this chapter, rebate fees or charges established under prior ordinances shall be
considered and handled as if they were reimbursement fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.300 Schedule of reimbursement fees.
All properties subject to reimbursement fees enacted after June 1, 1998 by the Board shall be
uncodified and kept on file with the District Secretary. Reimbursement fee applications and documentation
providing the basis for the fee calculation 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.400 Customer reimbursement of District installation costs.
In certain cases, the public interest and public safety may require the District itself to design and
construct public sewage facilities for an existing or proposed development. In order to comply with
applicable law concerning use of District revenues, the District shall adopt a reimbursement fee structure
to provide for full reimbursement of any and all costs associated with installation of local street sewers.
Reimbursement fees to reimburse the District for other sewer facilities may also be imposed.
Reimbursement fees for District costs shall be calculated in the same or similar manner set 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 provisions and requirements for installers.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 Credits and adjustments.
6.24.070 Refunds.
6.24.080 Special sewer service charges.
6.24.100 Due date of charges.
6.24.110 Where payable.
6.24.120 Direct billing.
6.24.130 Persons responsible.
6.24.140 Penalties for nonpayment.
6.24.150 Collection of charges on tax roll.
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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
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
users of the sewer system. Periodic cost of service studies shall be conducted to support the District's
revenue requirement, allocation of costs, customer classes and rate design for recovery of costs within
classes.
B. As a predominantly residential service agency, the basic unit charge established in this chapter by the
District is that necessary to recover the sum of total system and plant operation, maintenance, and
replacement costs(including pay as you go and debt service costs funding capital needs), 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. Rates for multi-family dwelling units shall also be calculated
as a flat rate 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.
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C. Certain other costs of the District include recovery of capital costs and debt service related to the
funding of capital costs. These cCapital improvement costs for plant and sewer system shall be
financed, to the extent possible, primarily from revenues derived from ad valorem taxes, annexation
charges, agency contracts, and connection charges, and from sewer service charges and debt
proceeds as necessary.These rates and other charges,shall be established by ordinance of the Board
of Directors of the District and reviewed periodically. Charges for nonresidential users shall be based
on the use of the sewer system for the previous calendar year.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.030 Rates.
The ordinance enacting this chapter shall in no 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 uncodified ordinance of the
Board and kept on file with the District Secretary.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.040 Power to inspect premises.
In order to effect the powers of this section and pursuant to Section 6523.2 of the Health and Safety
Code of the state, the District's General Manager and his or her authorized representatives are given the
power and authority to enter upon private property for the purpose of inspection 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 type and number of plumbing fixtures situated 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. 253 § 1(Exh. A(part)), 2008)
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 or 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 section; 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 chapter. While state law permits the collection of amounts delinquent up to
four years prior as of June 30 of each year, it is District policy to collect only three years'worth of
delinquent payments.
D. Such other action may be taken as may be authorized by law and by the Board.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.24.060 Credits and adjustments.
A credit or adjustment will be made on a case-by-case basis in accordance with standard operating
procedure.
A. For both residential and nonresidential properties, a credit or adjustment may be given where the
property has been permanently disconnected from the sanitary sewer system in accordance with
this cGode and the ^isstandard specifications.
B. For nonresidential uses, a credit or adjustment may be given where the property has been vacant
for at least a twelve-month period.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.070 Refunds.
Notwithstanrdlnn the limitations in Gevernment (`orde centien 52nsz2 When any refund becomes due
and owing besaese sewer cep,ioes fees were paid fer whish nes it eo ,.,oro ,telivered,by virtue of action
of the Board or due-te-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 being ,.harne,tan overcharge for sewer services (i.e., cases in which sewer
services were provided, but in an erroneously high amount), all 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 sewer sen,i,.e fees were pair) and
no sewer services were provided`, equity requires that the DistriGt treat the to property owners
whe paid the fees fairly and, but were nonetheless inadvertently charged), refund claims shall be
subject to procontatien of adequate rdOG mentation by the party requesting the refund and the
following restrictions:, as mandated by Government Code Section 53082:
1.—Fees collected before January 1, 1992, shall be refunded in full to the party that in fact paid
the fees upon the presentation of adequate documentation.
2. Fees collected after January 1, 1992, fren; a PerseRstil; owning the same prepe#y-shall be
subject to "oda one hundred eighty day statute of limitations for refund claims, starting
from the date that the GUrrent property owner aGquired the property through the period when
fees were eFFOReously pair!
the p erty shall he limited to a ref Unrd fer a maximum of feur years from the .Date of the
request fer refund.
B. in the event A-f an eveFGharge for sewer seFViGeS (i.e., Gases on whiGh sew-,
prEwided but On an erroneously high aMGURt), all Fefund Glaims shall be limited te repayrneR
fA-.r the arneunt erroneously paid during the peried ef feur years fre.m. the date of the request
fer r2#uedpayment.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.080 Special sewer service charges.
A. It is the intent of the provisions of this chapter, 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 the benefit received from the District
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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 or her 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. 253 § 1(Exh. A(part)), 2008)
6.24.100 Due date of charges.
The initial payment of sewer service charges shall be made at the time of the District's collection of
capacity fees. Subsequent sewer service charges shall become due and payable as of the date of mailing
of the billing as provided in Section 6.24.120 or in accordance with the payment schedule of a regular
property tax bill.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.110 Where payable.
Except as otherwise provided elsewhere in this chapter, 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. 253 § 1(Exh. A(part)), 2008)
6.24.120 Direct billing.
Except as provided elsewhere in this chapter,the General Manager shall ascertain the amount of each
sewer service charge applicable to each premises in the District, and shall annually mail to the owner of
each premises in the District, a bill for the sewer service charges, which are payable in two installments.
Such bills shall be mailed to the current 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 circumstances.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.130 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 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. 253 § 1(Exh. A(part)), 2008)
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6.24.140 Penalties for nonpayment.
Except when charges are placed on the tax roll,a charge becomes delinquent the day after it becomes
due and penalties shall accrue in accordance with Section 1.08.080.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 state, and subject to the exceptions set forth in this chapter, the District elects, as an alternative
procedure for the collection of sewer service charges prescribed or imposed by the provisions of this
chapter 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 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, or by reference to plats or
maps on file in the office of the District.
C. Since the District has already complied with the first-time mailed notice requirements of Health and
Safety Code 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. At the time stated in the abovementioned notice, the Board shall hear and consider all objections or
protests, 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. 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.
F. 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
or 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.
H. 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.
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I. 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.
K. The tax collector may in his or 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.
L. If any premises within the District are omitted from the abovementioned report or the tax roll, either
because the charge therefor 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 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 therefor
under the provisions of this chapter, the balance of the charge shall be collected in the manner
provided elsewhere in this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.160 Government or public premises.
The provisions of this chapter shall apply to governmental or public premises as well as to premises
which are not governmental or public premises. As used in this section, "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 state 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. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.26 ANNUAL INDUSTRIAL PERMIT FEES
Sections:
6.26.010 Annual industrial permit fees.
6.26.010 Annual industrial permit fees.
The Board shall from time to time, after a public hearing, establish by uncodified ordinance 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 permitted industries. The permit fee amounts shall be
incorporated into the schedule provided by Chapter 6.30 of this code (Schedule of Environmental and
Development-Related Rates and Charges) and kept on file with the District Secretary.
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Chapter 6.30 SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-
RELATED RATES AND CHARGES
Sections:
6.30.010 Findings.
6.30.020 Schedule of environmental and development-related rates and charges.
6.30.010 Findings.
The Board of Directors finds:
A. That the District incurs substantial costs to provide 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 and inspection for public main sewer line
extensions and installation, alteration, replacement and repair of private side sewers,the addition
of new sewers, parcels, and permit information to District maps, administration and inspection
related to source control permit, permitting of septage and grease haulers, and treatment of
grease and septage at the treatment plant;
B. That it is necessary to charge customers and other users of District environmental and
development-related services to recover the reasonable costs of providing said services;
C. That District staff has comprehensively analyzed the actual costs of providing said services;
D. That the rates and charges 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
costs reasonably allocable to provision of the services listed in the schedule of rates and charges.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.30.020 Schedule of environmental and development-related rates and charges.
The schedule of environmental and development-related rates and charges referenced herein shall
be adopted by ordinance by the Board and kept on file with the District Secretary in an uncodified manner.
Such schedule shall list, amongst other things, the amounts and times for payment of such rates and
charges.
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Chapter 6.38 RECYCLED WATER CHARGES—LANDSCAPE IRRIGATION
Sections:
6.38.010 Findings.
6.38.020 Customer classification.
6.38.030 Land irrigation ratees.
6.38.040 Connection fees.
6.38.050 Billing cycle.
6.38.060 Cost-benefit analysis.
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 produce recycled water for the purpose of supporting regional development of
local ^^^ ,rte^ ^^ ^^ n,a+;^„ of potable water supplies. Furthermore, the Board finds that the
production and delivery of recycled water is now an integral component of compliance with the
requirements and restrictions set by the Regional Water Quality Control Board for the District's
provision of sewer services to all users of District facilities.Therefore, the Board finds that the recycled
water production costs are allowable wastewater costs and it is appropriate to adopt a rate structure
based upon the lewest possible r-n-A-16t i.qlth SGURGI eGenomy and prudent management,which
+RGledes-a balancing of the District's own cost recovery concerns against the requirements of providing
recycled water at the lowest possible cost and rates to be competitive with potable water pricing
structures. 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 support regional development of Genserve the local 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
sources 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 recycled water service to District customers, which costs include incremental costs of
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Title 1, 5, 6 & 7
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 of recycled water by property owners is entirely voluntary and subject to their discretion.
G. The Board finds that the cost of se.vice —1-i—ments of ArtiG e 13 Sections C and D of the California
Censtmtufien are not appliGable to th- --- Of I-GYG!ed wateF under this Gode as reGyGled water servo
and the rates f.,r S Gh seNiGe are not a property related o
(Ord. 253 § 1(Exh. A(part)), 2008)
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: Former Potable
Class II: Former Canal/Well
(Ord. 253 § 1(Exh. A(part)), 2008)
6.38.030 Land irrigation rates. str e.
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_:
tCusterneT
rl—
Water Seurce rlassificatwen Per Are Feet D.,r ThneusA-In,J
�vur�z o-rr n�rvvi r^-�,,II-IIT,,„„tv..a�nrrcr
I` +�-d-F1VRS
TII I
I
r Ti I tF 33:55.00
B. The basic unit charge for users of the system shall be in units of one thousand gallons of recycled
water supplied by the system.The rotes set f.,rfh ohAyin,.,ill a tomatinolly be innreased on an amo pA
equal te three perGent of the thein existing rates, starting on july 1, 2003 and OGGurring eaGh yea
thereafter,without furthelraGtieln of the Beard.The three peFGent ld on ordeF tO previde
fn-.r the .0mr--reasing GGsts asssn-r.matp-d- the regulation, inflation, and tA- M-Awffil�i-;Ke GE)St FeGovery A-f the-
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Distrip-t fer its reGyGled water pregram while ebtaiRing GeMpetitive rates. This anRualized autematiG
0nGrease shall remaineffee+ until further aotien of the Roam!
C. All recycled water charge rates or amendments thereto shall be established by uncodified ordinance
of the Board and kept on file with the District Secretary. For evicting ei 1stemers as of the date of thcustomers' rates meet those established under this e
section,amendment to this code section, the rate structure listed under thus section shall not result in the rates
charged to such customers to increase by more than twenty five percent each year. Once the existing
then the twenty five percent annual rate
inrreaoe ran shall no longer apply,
i'm4afien ef maximum fees and Gharges te be impesed feF reGyGled wateF. in the event that the rates
required by this seGtien previde fer rates and Gharges te the GentraGtual GUStemer on an ameunt that is
0 n eXGess ef the GentFaGtual terms, the rates and Gharges shall be redUGed te the maximum allowable
charges for re yGled water nyi ded fer in the nen+ran+
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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, (Provisions Concerning Recycled Water Service).
(Ord. 253 § 1(Exh. A(part)), 2008)
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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. 253 § 1(Exh. A(part)), 2008)
6.38.070 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. Total revenues generated pursuant to such an agreement are not intended to produce an
excessive surplus or profits.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.40 HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES
FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
Sections:
6.40.010 Findings.
6.40.020 Recovery of costs.
6.40.030 Method for determining and adopting charges.
6.40.010 Findings.
The Board of Directors finds that operation of a household hazardous waste collection facility is now
an integral component of compliance with the requirements and restrictions set by the Regional Water
Quality Control Board for the District's provision of services to all users of District facilities. Furthermore,
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 state 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. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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 chapter is intended to limit the variety of packaging and 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
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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 kept on file with the District Secretary in an uncodified manner.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.41 REPEAL OF PRIOR FEES AND CHARGES
Sections:
6.41.010 Repeal of prior fees and charges.
6.41.010 Repeal of prior fees and charges.
The ordinance amending this title, effective November 27, 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 November 27, 2008, amending this title, is intended to repeal,
extinguish, suspend or allow to lapse any obligation to pay fees and charges under prior ordinances,which
obligation accrued on or before November 27, 2008, or for fees and charges calculated under prior
ordinances which may come due on or after November 27, 2008. It is the specific intent of this title that all
obligations to pay fees and charges arising before November 27, 2008, shall remain in effect.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Title 7 — REAL PROPERTY AND IMPROVEMENTS*
Chapters:
Chapter 7.01 — PROPERTY RIGHTS FOR DISTRICT WASTEWATER FACILITIES EXISTING AS OF
OCTOBER 2, 2008
Chapter 7.02—ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Chapter 7.03—QUITCLAIMING OR"VACATING" EASEMENTS, RIGHTS-OF-WAY AND LICENSES
FOR SEWER AND RELATED USES
Chapter 7.04- USE OF APPURTENANT EASEMENTS FOR DISTRICT SANITAR�
SE`� FACILITIES
Chapter 7.08— LEASE OF DISTRICT REAL PROPERTY
Chapter 7.10- SALE OF SURPLUS REAL PROPERTY
Chapter 7.15— EASEMENTS AND EASEMENT ENCROACHMENTS
Chapter 7.01 PROPERTY RIGHTS FOR DISTRICT WASTEWATER
FACILITIES EXISTING AS OF OCTOBER 2, 2008
Sections:
7.01.010 Acknowledgment and declaration.
7.01.010 Acknowledgment and declaration.
A. The District acknowledges, asserts and declares that it has acquired and accepted property rights
necessary for construction, reconstruction, renewal, alteration, operation, maintenance, inspection,
repair and replacement of all those District-owned and/or maintained sanitary sewer or recycled water
facilities that are shown on the District's "collection system maps" as of October 2, 2008, 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 right-of-way, street, road,
or path, or in a recorded or unrecorded easement or reservation, or in any other location whatsoever.
In making the above acknowledgment, assertion and declaration, the District further declares that the
purpose of this chapter is to state its position and to clarify the existence of property rights that have
previously been acquired.This declaration and clarification of existing property rights shall not be construed
to be a new acquisition, taking or other action subjecting the District to any claim of liability for
compensation.
Such existing property rights have been acquired by various means, including those set forth below:
1. Formal acceptance by resolution of the District Board of Directors of easements, reserves or other
rights offered for dedication to the District for construction, reconstruction, renewal, alteration,
operation, maintenance, inspection, repair and/or replacement of public sanitary sewer facilities
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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 Recorded Grants of Easements, Dedications or Rights-of-Way by Conduct.
The District also has acquired and accepted by its conduct the right to construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace District sanitary sewer facilities shown
on its collection system maps in easements, reservations or rights-of-way 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 sanitary sewer purposes 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. Acceptance of Offers of Dedication Under Subdivision Map Act by Conduct. Where, prior to
October 2, 2008, public sanitary sewer facilities have been constructed by the District itself 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 offered for
dedication to the county, to a city or to the District for sanitary 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 declares that it has accepted such offer
for District use for construction, reconstruction, renewal, alteration, operation, maintenance,
inspection, repair and replacement of public sanitary sewer facilities through its conduct.
4. Acceptance of Unrecorded Grants or Reservations by Conduct. Where, prior to October 2, 2008,
public sanitary sewer facilities have been constructed by the District itself or by others and
subsequently contributed to the District, and/or the facilities have been operated or maintained by
the District in an easement, reservation or right-of-way which is shown on a grant of
easement, nonstatutory offer of dedication or deed continuing a reservation in favor of the District
(including generalized reservation) for utilities or public use and the District has constructed or
maintained sewers or sewer facilities in such easement, reservation or right-of-way area without
such grants or dedication having been formally accepted by the District and/or recorded, the
District declares that it nonetheless has in fact accepted such grants, dedications or reservations
for its use for construction, reconstruction, renewal, alteration,operation, maintenance, repair and
replacement of such public sanitary sewer facilities through its conduct.
5. Use of Appurtenant Easements. The District shall have the right to construct, reconstruct, renew,
alter, operate, maintain, inspect, repair 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. Prescription, Necessity, or Other Equitable Means. The District shall have also acquired by
prescription, necessity or other equitable means property rights to easements or rights-of-way
that may not have been formally offered to or accepted by the District in the past for all those
sanitary sewer facilities shown on its collection system maps as of October 2, 2008, but not
described in subsections (A)(1) through (A)(5) of this section above, that it has operated,
maintained, inspected or made use of for a period five years or more or otherwise in compliance
with legal requirements for prescription or necessity.
7. Condemnation. Acquisition of easements or other property interests through condemnation
proceedings.
8. Exception to this Acknowledgment and Declaration of Ownership. Notwithstanding subsections
(A)(1)through (A)(7) above, there are specific locations where sewer facilities may be shown on
the District's collection system 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
rights-of-way that the District does not acknowledge or accept ownership of include the following:
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a. Areas underlying facilities marked as "Abandoned Lines" on the collection system maps;
b. Areas underlying facilities marked as "Tentative Sewer Lines" on the collection system
maps;
c. Areas underlying facilities marked as "Proposed Future Lines" on the collection system
maps;
d. Areas underlying facilities marked as "Private Lines" on the collection system maps;
e. Areas underlying facilities marked by text or labels on the collection system maps as being
owned by other public agencies.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.02 ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
7.02.010 Policy.
7.02.020 Irrevocable offers of dedication, requirement of acceptance.
7.02.030 Acceptance of offers of dedication for limited purpose.
7.02.040 Pre-acceptance liability.
7.02.050 Grants of easement—Acceptance.
7.02.010 Policy.
With the exception of those real property interests acquired and accepted as acknowledged, asserted
and declared in Chapter 7.01, it is the policy of the District to accept real property interests such as
easements and rights-of-way for sewer/recycled water-related purposes primarily through the acceptance
of irrevocable offers of dedication either under the provisions of the Subdivision Map Act or by separate
instrument as provided in this chapter, or by assignment of appurtenant rights under 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. All acceptances after October 2, 2008 shall
occur only in the manner set forth in this chapter and set forth by state law.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.02.020 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 a street, road,trail, path, easement
or other interests in real property explicitly or implicitly for sewer/recycled water purposes on the map
shall be deemed to be an irrevocable offer of dedication in favor of the District. The rejection
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of nonsewer/recycled water rights by any other local public agency shall not affect the irrevocable offer
potentially available to the District for use for sanitary sewer/recycled water facilities or the District's
right to later accept such offers of dedication for sanitary sewer/recycled water purposes.
B. Prior to the District completing its final review of plans, and issuance of a permit for construction of a
proposed extension of a District main sewer/recycled water main, 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/recycled water extension, have been acquired in favor of and
in a form 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,
following favorable review by the District, of a subdivision map that includes offers of dedication of
streets, roads, trails, paths, easements or other interests in real property explicitly, or implicitly in the
case of public road dedications, for sanitary sewer/recycled water purposes over the entire alignment
of the proposed main sewer/recycled water extension, or portions thereof; (2) submittal of properly
executed irrevocable offers of dedication for easements over the entire alignment of the proposed main
sewer/recycled water extension, or portions thereof, on forms 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/recycled water 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 documents.
C. General or specific-case authority to receive 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 dedication shall be accepted only as provided in subsection D below.
D. With the exception of those real property interests acknowledged, asserted and declared in Chapter
7.01, an irrevocable offer of dedication of an easement or other interests in real property for
sewer/recycled water purposes, including all Subdivision Map Act offers of dedication, shall be
accepted by the District only by either: (1) adoption and recording of a resolution of the Board; or (2)
by execution and recording of a "Certification of Acceptance" by the General Manager pursuant to a
resolution of the Board delegating general or specific case authority to accept offers of dedication.
Neither the receipt nor recording by the District of an irrevocable offer of dedication instrument nor a
property owner's filing of a subdivision map including offers of dedication shall constitute acceptance
of the offer of dedication.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.02.030 Acceptance of offers of dedication for limited purpose.
The District may accept any offer of dedication of property rights for use for sanitary sewer/recycled
water facility purposes in its entirety or only in part. At the discretion of the Board, the District may limit
acceptance of any dedication solely to exclusive or nonexclusive subsurface rights for the purpose of laying
sewer/recycled water facilities and to exclusive or nonexclusive surface access rights for construction,
maintenance and repair of such facilities. Any acceptance by the District 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 nonaccepted property rights such as rights for a public street, or a public right-
of-way, or subject the District to responsibility for maintenance or liability arising from facilities or land which
were not specifically accepted or are not related to sanitary sewer/recycled water facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.02.040 Pre-acceptance liability.
Under no circumstances shall the mere approval by another local agency of a subdivision map with
sewer/recycled water facility dedications constitute acceptance by the District of such a dedication.
Likewise, by itself, a mere offer of dedication that is made after October 2, 2008 and is separate from the
real property interests acknowledged, asserted and declared in Chapter 7.01, shall not constitute an
acceptance by the District, or impose liability on the District or render any land to be"public property"owned
by the District under the Tort Claims Act, Section 810 et seq. of the Government Code.
(Ord. 253 § 1(EXn. A(part)), 2008)
7.02.050 Grants of easement—Acceptance.
Notwithstanding the rights and prerogatives granted under this chapter, the District reserves to itself
the power to acquire grants of easements for sewer/recycled water purposes when, in its discretion, it
determines that it is advisable to do so. The grants of easements shall not be accepted by the District until
accepted by either: (1)adoption and recording of a 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 authority to accept offers of dedication.
(Ora. 253 § 1(Exh. A(part)), 2008)
Chapter 7.03 QUITCLAIMING OR "VACATING" EASEMENTS, RIGHTS-OF-
WAY AND LICENSES FOR SEWER AND RELATED USES
Sections:
7.03.010 Scope of quitclaim chapter.
7.03.020 Procedures to quitclaim or vacate real property interests.
7.03.010 Grants of easement—Acceptance.
The procedures set forth in this chapter shall be applicable to the quitclaiming or exchange of
easements, rights-of-way and licenses owned by the District and determined to be surplus and no longer
necessary for public purposes pursuant to the provisions of Section 8300 et seq.of the Government Code.
(Ora. 253 § 1(Exh. A(part)), 2008)
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7.03.020 Procedures to quitclaim or vacate real property interests.
If the General Manager determines that certain property rights held by the District, such as easements,
rights-of-way or licenses for sewer, recycled water, or sewer related purposes are unnecessary for present
or prospective District use, or that conveyance or exchange of such property rights would be of public
benefit, he or she shall prepare a position paper, determination or a report to that effect. Such position
paper, determination or report shall be presented to the Board for its consideration. The Board may in its
sole discretion convey such real property rights by authorizing execution of grant deeds, quitclaims or
contracts by resolution. The transfers of property rights addressed in this chapter shall not be subject to the
vacation procedures for cities and counties pursuant of the public streets, highways and service easements
vacation.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.04 USE OF APPURTENANT EASEMENTS FOR
DISTRICT SANITARY SEWER-FACILITIES
Sections:
7.04.010 General policy.
7.04.020 District rights to district facilities in appurtenant easements.
7.04.030 Optional recordation.
7.04.010 General policy.
A. The Board finds that historic development patterns and increased urbanization of areas within the
District's jurisdiction have created increased demand for public sewage collection, treatment and
disposal services. The Board further finds that some areas within the District's jurisdiction may best be
served by the construction and installation of public sewers and sewage facilities in appurtenant
easements that provide for or make reservations for access, sewer facilities or other utilities to benefit
certain properties.
B. Accordingly, the Board declares that the District may construct, reconstruct, renew, alter, operate,
maintain, inspect, repair and replace District sanitary sewer facilities in any appurtenant easements
that provide for or make reservations for sanitary sewers, utilities or other types 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.04.020 District rights to district facilities in appurtenant easements.
Any construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement
of District sanitary sewer facilities within appurtenant easements may be performed for the benefit of and
pursuant to the rights held by one or more dominant tenement owner(s) of the appurtenant easement. A
request for service by even a single dominant tenement owner, may justify use of the appurtenant
easement, with or without consent of other dominant or servient tenement owners. Once sewers or other
sewer facilities are constructed within an appurtenant easement and accepted by the District, the District's
rights to enter the 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.04.030 Optional recordation.
In order to facilitate the provision of notice to future successors or assigns, the District may request
that the dominant tenement owner(s) provide the District with a recordable document reflecting the
dominant tenement owner(s)'assignment of rights to construct, reconstruct, renew,alter,operate, maintain,
inspect, repair and replace District sanitary sewer facilities within the appurtenant easement through a
license or other recordable document.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 ten years or more.
7.08.050 Required findings and authorization of leases of less than ten years.
7.08.010 Purpose.
A. The District may lease 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, 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 and
Safety Code Section 6514.1.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.08.020 Term.
No lease of District property shall exceed ninety-nine years in length. Leases shall be subject to
periodic review by the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.08.040 Required findings and competitive award for leases of ten years or more.
A. For leases of more than ten 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 and that
the proposed lease is in the best interests of the District and its ratepayers. All authorizing ordinances
shall 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 ten 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.08.050 Required findings and authorization of leases of less than ten years.
If the Board makes a finding at a noticed public hearing that the proposed leasehold use of a particular
parcel of District property will be compatible with District uses, that entering into the proposed lease will be
of public benefit, and that the term of the proposed lease is equal to or less than ten years, the ordinance
and competitive bidding procedures of Section 7.08.040 shall be optional.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 7.10 SALE OF SURPLUS REAL PROPERTY
Sections:
7.10.010 Scope.
7.10.020 Determination of surplus land.
7.10.030 Manner of disposal.
7.10.040 District personnel prohibited.
7.10.050 Sale proceeds.
7.10.010 Scope.
The procedures set forth in this chapter 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 procedures 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 of the Streets and Highway Code typically do not apply
to disposal of District property.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 the property 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.10.030 Manner of disposal.
The 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.10.040 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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.10.050 Sale proceeds.
The amount received for any property sold pursuant to this chapter shall be credited to the appropriate
fund as determined by the General Manager.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.15 EASEMENTS AND EASEMENT ENCROACHMENTS
Sections:
7.15.010 Definitions.
7.15.020 District policies concerning future acquisition of easements and property rights.
7.15.030 Creation of District easements.
7.15.040 Minimum standards for easements.
7.15.050 Unlawful acts.
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.
7.15.100 Grandfathering.
7.15.110 Removal and restoration of improvements that are disturbed by District activities.
7.15.120 District remedies.
7.15.010 Definitions.
For the purposes of this chapter, 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."
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B. "Encroachment" means an activity or condition that results in significant interference with the
District's enjoyment of its easement rights. As used in this chapter, there are two classes of
encroachments:
1. Class One Encroachments. These are encroachments that 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, interlocking pavers, pervious pavers,
patios or decks without subsurface foundations, sheds or stage units that are readily removable
from the easement, modest landscaping, and minor cuts and fills. The Board may promulgate and
amend rules, regulations, and procedures to implement the provisions of this chapter, including the
following:
2. Class Two Encroachments. These are encroachments that are likely to result in significant
interference with District's use of easement for the present or future, and where simple safeguards
and/or mitigation measures will not remove or adequately ameliorate the interference with
construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement
of or access to District sanitary sewer facilities within the easement. Examples of Class Two
encroachments ordinarily include: permanent structures such as buildings (including garages or
outbuildings), swimming pools, permanent decks, reinforced concrete surfaces, solar
panels, sports courts, 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 operation of District
facilities, such as: trees, large bushes, overgrown vegetation, large accumulations of stored
materials, storm water retention/treatment facilities, and other activities and conditions which may
prevent reasonable access for construction, reconstruction, renewal, alteration, operation,
maintenance, repair and replacement of District sanitaFy sewer facilities within the easement.
C. "Property owner" means the fee owner or long-term 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 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 facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.020 District policies concerning future acquisition of easements and property rights.
The following District policies apply to easements acquired by the District after October 2, 2008:
A. Wherever feasible, District facilities will be located in and on lands owned by the District, in 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 facilities may be installed in easements over private property when installation in a location
described in subsection A of this section is not possible, would be impracticable, technically less
suitable, difficult to maintain or would be unduly burdensome on District.
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C. The District's easement rights shall be sufficient to enable the District to construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace its facilities as may be needed without
excessive cost or other undue difficulty.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.030 Creation of District easements.
A. District easements may be created in any manner allowed by law.
B. Notwithstanding subsection 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
suitable 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 as provided in Chapter 7.02 of this code.
C. Prior to October 2, 2008 easement interests were acquired and accepted as acknowledged, asserted
and declared in Chapter 7.01 of this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.040 Minimum standards for easements.
A. Unless expressly waived by the District for good cause, an easement conveyed to the District after
October 2,2008,and all easements existing as of said 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 property of the servient tenement.
2. The easement shall be subject to the provisions of this code and to other rules and regulations
promulgated by the District.
B. Easements may either be for the exclusive or nonexclusive benefit of the District. 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 width set forth in documentation, the
easement shall be considered to be a minimum of ten feet in width centered on the pipeline. A
reasonable right of surface access for maintenance and repair shall also be presumed.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.15.050 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 the District sanitary sew^r facilities
therein;
B. Fail to abate or otherwise remove or discontinue any action or condition that results in an
unauthorized encroachment after 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 a District easement that causes,
whether directly or indirectly, a significant interference with the District's easement rights; or
F. Cause or permit any activity or condition on or within a District easement that constitutes a public
or private nuisance.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.060 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, wood property line fences, standard concrete driveways, and similar landscaping features
would not ordinarily cause significant interference with a District easement used for
subsurface sanitary sewe"District facilities.
B. Except as provided in Section 7.15.070, 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 or otherwise take measures to mitigate the encroachment.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.070 Real property agreements.
A. To maintain a Class One encroachment or to obtain relief from a Class Two encroachment,
!The property owner^f o preperty ever w hi^h the Dis+riGt hos an easement whe wishes to Maintain o
Class One encreaGhment or+„ ebtamn relief fer o Class Twe ^ o^hmen+ shall apply for and obtain
a rReal pProperty aAgreement.
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B. The District shall establish, and the applicant shall comply with such procedures as are required to
process and act on the application, including submission of information needed to evaluate the
application.
C. A Real Property Agreement may be issued if:
1. The applicant has fully complied with all District requirements and procedures pertaining to
issuance of the real property agreement;
2. The applicant has accepted and agreed to all terms and conditions as set forth in Section
7.15.080;
3. The District finds that the real property agreement conditions will ensure that the Class One
encroachments as authorized will not result in significant interference with the District's easement;
and
4. The District finds that the real property agreement for a Class Two encroachment 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
a property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.080 Real property agreement terms and conditions.
The applicant shall execute and deliver to the District a 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 conditions:
A. A provision that the real property agreement shall be binding upon heirs, successors and assigns
with regard to ownership interest in the real property burdened by the District's easement;
C. An acknowledgement of the prohibitions and limitations set forth in this chapter;
D. With respect to Class One encroachments,the restrictions in use or modifications to the property
required to mitigate the effects of the encroachment and safeguard the District's easement
rights to prevent the encroachment from causing significant interference with the District's use of
the easement; and
E. With respect to Class Two encroachments, the conditions that, to the extent reasonably possible
under the circumstances, will:
1. Eliminate the encroachment in due course; and
2. Ameliorate the impacts of the encroachment on the District's easement through mitigation
measures and safeguards,and shift to the property owner any increased costs that may be incurred
by the District due to the existence of the encroachment.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.15.090 Other regulations.
The Board may promulgate and amend rules, regulations, and procedures to implement the provisions
of this chapter, including the following:
A. Establish rules, regulations, and procedures concerning applications for and issuance of real
property agreements;
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 real property agreement conditions applicable to specific activities and
conditions including mitigation measures, safeguards, and similar provisions.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.100 Grandfathering.
An encroachment that was in existence prior to October 2, 2008 may be maintained and shall not be
subject to immediate mandatory removal or abatement if the encroachment is grandfathered pursuant to
this section.At the District's sole discretion, an encroachment may be grandfathered if the applicant applies
for and obtains a real property agreement pursuant to the terms of this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.110 Removal and restoration of improvements that are disturbed by District activities.
Whenever the District's reasonable use of the easement to construct, reconstruct, renew, alter,
operate, maintain, inspect, repair and replace sanitary sewerDistrict facilities results in the need for the
property owner's improvements to the real property to be removed or disturbed, the following provisions
shall apply:
A. Conditions Not Constituting Encroachments. The District shall, at the expense of the District,
upon completion of the District's activities, replace or restore the improvements in kind which are
not prohibited by this chapter, or where such responsibility is specified in a real property
agreement.
B. Authorized Encroachments. If the encroachment is authorized pursuant to a real property
agreement and the real property agreement does not provide otherwise,the property owner shall,
at no expense to the District, be responsible to restore the encroaching improvements,
landscaping, or structures.
C. Unauthorized Encroachments. Unauthorized encroachments shall be removed by the property
owner at their expense and shall not be restored by the District. Removal shall be
performed promptly after notice from the District. If the encroachment has not been removed
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within a reasonable time after notice,or if the urgency of the District's easement activities requires,
the District may remove the encroachment itself, and the removal costs may be charged to the
property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.120 District remedies.
Remedies granted to the District in this chapter are in addition to any other rights and remedies that
are available under this code or that are otherwise afforded by law, and the District is entitled to exercise
any and all such rights and to charge property owners for the costs of such remedies, either serially or
cumulatively, as determined by the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.20 RIGHT TO ACCESS DISTRICT FACILITIES
Sections:
7.20.010 District right to access District facilities on private or public property.
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 property.
Where the District has facilities within easements, reservations or rights-of-way, including those real
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, operate, maintain, inspect, repair and
replace District facilities and as set forth in Section 1.08.020 of this code. The District may also remove
landscaping and other encroachments within the easement, reservation or right-of-way that significantly
impede access to District facilities or unreasonably interferes with the construction, reconstruction, renewal,
alteration, operation, maintenance, repair or replacement by District of its facilities within the easement,
reservation or right-of-way.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.20.020 Interference with District's access.
The District shall not be responsible for the costs of removal of obstructions preventing reasonable
access to its facilities within easements, reservations or rights-of-way on private property, nor shall such
removal, pruning or required modifications of landscaping or hardscaping provide a basis for compensation
to the property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.20.030 Right of entry permits.
The District may issue "right of entry" permits to its contractors and consultants, or to the contractors
or consultants of others who apply to construct, reconstruct, renew, alter, maintain, inspect, repair and/or
replace lateral sewers or other sanitary sewer/recycled water appurtenances within District easements,
reservations or rights-of-way. Right of entry permits shall operate as a temporary assignment of the District's
right to use and enjoy its real property interests for legitimate sanitary sewer/recycled water facility
purposes.
(ora. 253 § 1(EXh. A(part)), 2008
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ATTACHMENT 2
Title 1, 5, 6&7
Title 1 - GENERAL PROVISIONS
Chapters:
Chapter 1.04— GENERAL PROVISIONS
Chapter 1.08— ENFORCEMENT AND PENALTIES
Chapter 1.16— BOARD CONSIDERATION OF STAFF DECISIONS
Chapter 1.20— RESPONSIBILITY FOR DEFECTS
Chapter 1.04 — GENERAL PROVISIONS
Sections:
1.04.090 Shall and may.
1.04.100 Definitions.
1.04.090 Shall and may.
"Shall" is mandatory and "may" is permissive.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996: Ord. 172 § 1(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
code, shall have the meanings designated in this section. Other special terms or phrases may be defined
elsewhere in the code. For example, for definitions related to Recycled Water, see Title 11.
A. "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.
B. "Authorized representative of industrial user" may be: (1) a principal executive officer of at least
the level of vice president, if the industrial user is a corporation; (2)a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively; (3) 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.
C. "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)).
D. "Board" means the Board of Directors of the District.
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E. "Bond fund" means a District fund dedicated to bond retirement and debt servicing.
F. "Building" means a structure used for any purpose which contains a fixture, plumbing system or
sanitary facility of any type.
G. "Certification" is the procedure for becoming the exclusive representative for a representative
unit, either from within the District or outside the District.
H. "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.
I. "Classification" means the individual job class description for each position at the District.
J. "Collection system" means the District pipelines, pump stations, manholes and other similar
facilities which accept, collect and convey sanitary sewage to the treatment plant.
K. "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.
L. "Connection" means the physical attachment of a building to a public sewer by a side sewer.
M. "Consistent removal" means the average of the lowest fifty percent of reductions in the amount
of a pollutant or alteration of the nature of a pollutant during treatment by the District's wastewater
treatment system. Such reductions shall be determined according to the data collection and
measurement methods of Section 403.7(b)(2)of Title 40 of the Code of Federal Regulations, Part
403.
N. "County" means Contra Costa County.
O. "Day" means a calendar day, unless explicitly stated otherwise in a particular section of this
code.
P. "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.
Q. "District" means the Central Contra Costa Sanitary District.
R. "District facilities" means any part of the District's systems for collection, conveyance, treatment,
recycling, reuse and disposal, including, but not limited to, the collection system, the treatment
plant, the collection system operation's yard, headquarters office building, the household
hazardous waste facility and the recycled water system.
S. "Engineer" is the General Manager of the District or a duly authorized designee.
T. "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.
U. "Executive management" means employees who work at the pleasure of the Board.
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V. "Fixture" means sink, tub, shower, water closet, garbage disposal or other facility connected by
a drain to the sewer.
W. "General Manager" means the chief executive officer of the District or a duly authorized
designee.
X. "Health Officer" means the Health Officer of the County.
Y. "Holding tank waste" means any waste from holding tanks such as vessels, chemical toilets,
campers, trailers and vacuum-pump tank trucks.
Z. "Installer" means a person who installs a sewer.
AA. "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.
BB. "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.
CC. "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.
DD. "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.
EE. "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.
FF. "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.
GG. "Ministerial project," generally speaking, is one requiring approval by the District as a matter of
law or one involving minimal independent exercise of judgment by the District as to its wisdom or
propriety.
HH. "National Pollutant Discharge Elimination System or NPDES permit" means a permit issued
pursuant to Section 402 of the Act (33 U.S.C. 1342).
ll. "Non installer" means a person who has not contributed to the financing of a rebate sewage
facility.
JJ. "Owner's 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 or recycled
water work in accordance with District requirements.
KK. "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
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States of America, the state of California, a political subdivision, governmental agency or other
public or municipal corporation.
L.L. "pH" means the logarithm (base ten) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
MM. "Place" means land, building, site, drainage ditch or road, public or private, in the District.
NN. "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.
00. "Pollutant" means and 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.
PP. "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.
QQ. "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).
RR. "Private sewer" means a side sewer as defined in this chapter or a sewer serving an
independent sewage disposal system not connected to a public sewer.
SS. "Professional employee"means an employee 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.
TT. "Public nuisance" means any material, activity or condition which poses a serious threat to the
public's health, safety and general welfare. Such materials, activities or conditions 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 any permit, order or directive issued by the General Manager or
the Board or their designees.
UU. "Public sewer" means a sewer located in a public right-of-way, easement or dedicated
reservation which has been accepted by District or is maintained and controlled by the District.
VV. "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.
WW. "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.
XX. "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.
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YY. "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:
1. "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 at
the foundation line or building wall. "Side sewer" includes the lateral sewer and the building
sewer.
2. "Lateral sewer" means that portion of the side sewer which is within the public right-of-way.
3. "Building sewer"means that portion of the side sewer from the lateral sewer to its connection
to the building plumbing system.
4. "Main sewer" means a public sewer which has one or more side sewers connected to it.
5. "Local street sewer" means a public sewer main which is six inches or eight inches in
diameter and which is upstream of the first confluence of two or more main sewers.
6. "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.
7. "Trunk sewer" means a public sewer which is twelve inches or more in diameter and
accommodates more than one collector sewer.
8. "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).
ZZ. "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.
AAA. "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.
BBB. "State" means the state of California.
CCC. "Stormwater" means any flow occurring during or following any form of natural precipitation
and resulting therefrom.
DDD. "Street' means and includes a public highway, road, street, avenue, alleyway, public place,
easement or right-of-way for vehicular or pedestrian use.
EEE. "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.
FFF. "Treatment plant'means any facility owned by the District that is designed to provide treatment
to wastewater.
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GGG. "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.
HHH. "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.
III. "Wastewater discharge permit" means a permit as set out in Section 10.12.040.
JJJ. "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. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2001; Ord. 205 § 2, 1998; Ord. 198 §
1(Exh. A(part)), 1996: Ord. 172 § 1(Exh. A(part)), 1989; 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))
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/recycled water system — Notice and hearing.
1.08.045 Enforcement— Injunctive relief.
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.
1.08.010 Notice of violation.
The District may serve a person who violates this 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
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for satisfactory correction. Upon receipt of the notice, the 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 code 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 code is
applicable to a given circumstance, such more specific provision shall apply.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.020 Right to enter on private property.
In order to safeguard public health and community welfare, a District employee, agent or contractor
shall have the right to enter private property as provided by this code and at law. By applying for sewer
service, or by receiving public 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's
sewer system is located for the purpose of sewer replacement, maintenance or repair or for the purpose of
reasonable inspection regarding compliance with this code, any District permit, the District Standard
Specifications, regulation, or state or federal law. By signing, authorizing or directing the execution of
a permit or owner's 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 during
any entry onto private property. Additionally, a District employee, agent 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
section shall be construed as cumulative to any rights provided elsewhere in this code, in a District permit,
in an agreement with the District, or at law.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.030 Enforcement procedures, penalties and remedies cumulative.
All enforcement procedures, penalties and remedies available to the District at law and by this code
are intended to be cumulative.The enforcement procedures, penalties and remedies set forth in this chapter
are cumulative with any other enforcement procedures, penalties and remedies set forth in any portion of
this code or at law. The use by the District of any enforcement procedure, penalty or remedy, whether
provided for by this code 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 code or at law.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.040 Enforcement— Disconnection of user of sewer/recycled water system — Notice
and hearing.
A. Disconnection. Notwithstanding any other provision of this code, the Board may order disconnection
of a user of the District's sewer/recycled water system in the event of any violation of this code, the
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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 chapter. Such
notice shall be 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 not be held less than fifteen days subsequent to
the giving of notice as required in this chapter.
C. Immediate Disconnection. In the case of actual or threatened violation of this code, 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's sewer or
recycled water 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's facilities. The rights of
immediate disconnection provided by this 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. 253 § 1(Exh. A(part)), 2008)
1.08.045 Enforcement— Injunctive relief.
Notwithstanding any other provision of this code, the District may also seek injunctive relief for any
violation of this code, the terms of any District permit, the requirements of the District standard
specifications, or other rule, order or regulation of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.050 Abatement of public nuisance.
Abatement 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, order or
regulation of the District is hereby declared a public nuisance and may be corrected or abated as directed
by the General Manager.
(Ord. 253 § 1(Exh. A(part)), 2008)
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1.08.060 Violation a misdemeanor.
A. Misdemeanor. A violation of this code is 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
code is a separate offense and may be prosecuted separately. This section 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 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 code. Prosecution of a person pursuant to this 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 code.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.070 Violation includes aiding, abetting or concealing.
A person who causes, aids, abets or conceals the fact of a violation of this code is guilty of violating
this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.080 Penalties for delinquent payments.
If any District bill, charge or fee, except sewer service charges (see Chapter 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 code is applicable to a given circumstance, such more specific
provision shall apply.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.090 Additional remedies for violation.
In the event that there is a violation of this code, the terms of a District permit, the requirements of
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
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the extent allowed by and in conformity with law, including, but not limited to, the assessment of such
charges on the tax roll.
(Ord. 253 § 1(Exh. A(part)), 2008)
1.08.100 Responsible parties.
Except as otherwise specifically set forth in this code, 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"):
A. The current record parcel owner where the sewer/recycled water or proposed sewer/recycled
water system is located;
B. The record parcel owner at the time of the connection to system or occurrence of violation of any
District requirement;
C. The record parcel owner at the time of the District's discovery of violation of any District
requirement;
D. The person or entity entering into an owner's improvement agreement relevant to the violation;
E. The person or entity signing a District permit relevant to the violation; and
F. Any user who fails to comply with District requirements; and any agent or contractor for a user or
one of the responsible parties set forth above.
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. 253 § 1(Exh. A(part)), 2008)
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.
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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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 223 § 2(part), 2002; Ord. 198 § 1(Exh. A(part)), 1996)
1.16.010 Request for Board consideration of staff decision.
A person aggrieved by a final decision of an officer or employee of the District under this code may
request consideration of such decision by the Board of Directors.
(Ord. 253 § 1(Exh. A(part)), 2008: 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 code, the terms of any District permit, the requirements of the District Standard Specifications, or
other rule, order, or regulation of the District.
(Ord. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996)
1.16.020 Procedure for taking appeal or requesting Board consideration of staff decision.
Wherever this code 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 fifteen days of receiving notice of a violation, decision or order.
The written notice of appeal or request shall include: (a)the date it is signed, (b)the printed and signed
name of the person making the notice, (c) state what action, decision or order they are requesting be
appealed, (d) and explain why said issue should be appealed.
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The provisions of this chapter shall govern such appeal or Board consideration. The provisions of this
chapter 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. 253 § 1(Exh. A(part)), 2008: 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 twenty days before the hearing. The
Board of Directors shall hold the hearing within forty-five days of the date 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 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 times limits set forth herein may be extended or waived by
mutual agreement of the parties.
(Ord. 253 § 1(Exh. A(part)), 2008: 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. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996)
Chapter 1.20 — RESPONSIBILITY FOR DEFECTS
Sections:
1.20.010 Correction of defects.
1.20.020 Liability for defects.
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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 1.08.010, the District may correct it at the violator's
expense.
(Ord. 253 § 1(Exh. A(part)), 2008: 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 code, 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. 253 § 1(Exh. A(part)), 2008: Ord. 198 § 1(Exh. A(part)), 1996: prior code § 14-102)
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Title 5 — PERMITS AND LICENSES*
Chapters:
Chapter 5.04—GENERAL PROVISIONS
Chapter 5.08— INSURANCE AND OTHER PERMIT REQUIREMENTS
Chapter 5.12—SUSPENSION OR REVOCATION OF SEWER WORK PERMITS AND SUSPENSION OF
CONTRACTOR REGISTRATIONS
Chapter 5.16—SEWER IMPROVEMENT AGREEMENTS
Chapter 5.04 - GENERAL PROVISIONS
Sections:
5.04.005 District-issued permit classifications.
5.04.010 Permit application.
5.04.015 Properly licensed contractors.
5.04.020 Unpermitted sewer/recycled water 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.
5.04.005 District-issued permit classifications.
A. Within the annexed boundaries of the District, a person shall pay the required fees and shall obtain a
permit from the District before undertaking sewer work or recycled water work that will connect to the
District's distribution system. Such permits shall fall into the following classifications:
1. Contractor's Permit. With the exception of property owners, as described in subsection (A)(2)
below, all persons proposing to perform any construction, excavation, repair, rebuilding, alteration
or reconstruction of any public or private sewer or recycled water pipe, or proposing to connect
any private system to a public sewer/recycled water facility must be a contractor licensed in the
state of California and shall also obtain a contractor's permit from the District.
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2. Property Owner's Permit. An owner of real property for sewer or recycled water work located on
his or her property may 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/recycled water
pipe to a District public sewer/recycled water facility as such work must be performed by a
licensed contractor having obtained a contractor's permit.
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. 253 § 1(Exh. A(part)), 2008)
5.04.010 Permit application.
A. Any person entitled to receive a permit for sewer/recycled water work may apply for such permit
pursuant to the forms provided by the District. The applicant may be required to provide plans,
specifications or drawings or other 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/recycled
water facilities.
B. If an applicant has previously violated this code, the terms of a District permit, the requirements of the
District standard specifications, or other rule, order or regulation of the District, and such violation has
resulted in costs of correction to the District as set forth in Section 1.08.090 or the imposition of fines,
penalties or citations, the applicant shall not be issued a permit until such costs, fines, penalties or
citations have been settled or paid to the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.015 Properly licensed contractors.
All contractors doing sewer/recycled water 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/recycled water work which contractors with C-36 licenses may perform
is restricted to private side sewers/recycled water from public sewer/recycled water mains to buildings,
excluding connections to the public sewer/recycled water mains. A"B"—General Building Contractor shall
not be issued a permit, unless he or she also holds one of the required specialty licenses.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.04.020 Unpermitted sewer/recycled water work.
Performance of sewer/recycled water work without a permit required by this title is a violation of this
code. The District may employ any enforcement mechanism set forth in Section 5.10.020 or as otherwise
provided by this code or law against those persons responsible for the unpermitted sewer/recycled
water work. The person committing the violation may be subject to a fine or imprisonment as set forth in
Section 1.08.060 of this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.025 Permit form and agreement.
A. The General Manager will prescribe the format of permits.
B. Contractor's permits shall be signed by the contractor that will perform the work or by the contractor's
authorized agent. Property owner's permits shall be signed by the property owner. An agent signing
on behalf of a contractor shall have documentation demonstrating the authorization of the agent on file
with the District prior to obtaining any permit. By applying for a permit, signing or causing another to
sign a permit on ones behalf, the permittee, and if applicable the principal, agree to comply with the
District Code, 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. 253 § 1(Exh. A(part)), 2008)
5.04.030 Inspection.
A holder of a permit shall arrange for ongoing District inspections and obtain final District inspection of
any work performed under a permit before placing any constructed, reconstructed, rebuilt, altered or
repaired sewer/recycled water into service. Prior to signing off on the work performed under any such permit
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 Code 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 code or general law.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.040 Notice that work is ready for inspection.
Permittees shall notify the District prior to work, and when the work will be ready for inspection.
Contingent upon staff availability and payment of any additional charges, expedited or overtime inspection
may be available upon request.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 section applies to all permits outstanding on the date this section takes effect as well as
to all permits issued subsequent to the effective date of this section.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.060 Effective period of permits.
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. 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. 253 § 1(Exh. A(part)), 2008)
5.04.070 Permits not transferable.
A 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. 253 § 1(Exh. A(part)), 2008)
5.04.080 Substitution of contractors.
An owner may request substitution of a new contractor for the current contractor by giving the District
written notice of the name of the new contractor. The new contractor shall obtain a new permit prior to
initiating any work and shall complete the work in accordance with District requirements.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.04.090 Obtaining permit by fraud or misrepresentation.
It is a violation of this code to obtain any permit by fraud or misrepresentation. Any permit obtained by
fraud or misrepresentation is voidable. This section applies regardless of the source of the information
appearing on the permit.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 unclaimed securities or cash bonds.
5.08.010 Insurance required.
A. A contractor who applies for a contractor's permit shall obtain and maintain workers compensation
insurance as required by California law and general and automobile liability insurance.
B. It is the contractor's sole responsibility to obtain and maintain workers compensation and general and
automobile liability insurance.This section is not intended, nor was any previous version of this section
intended,to create or impose any duty upon the District to ensure that contractor obtains and maintains
this insurance. However, due to the importance of liability, safety and insurance issues, the District
may, on a case-by-case basis, investigate the contractor's workers compensation, general and
automobile insurance coverage at any time. Failure of the contractor to obtain and maintain workers'
compensation insurance and liability coverage as set forth in this section may cause the denial and/or
suspension of a contractor's permit, at the sole and absolute discretion of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.08.020 State excavation permit required.
A person who employs others and applies for a 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 5.10 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. 253 § 1(Exh. A(part)), 2008)
5.08.030 District ownership of unclaimed securities or cash bonds.
A. Subject to the provisions 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 and served. At any time after
the expiration of the three-year period, the District may cause the publication of notice once a week for
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two successive weeks in a newspaper of general circulation. The notice shall 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
publication of the notice.
B. Upon or prior to publication 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 the unclaimed money becomes the property of the District as provided by this
Chapter and the provisions of Government Code Section 50050 et seq. The District shall accept or
reject the claim. If the claim is rejected, the party who submitted the claim may file a verified complaint
seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within
Contra Costa County, and serve the complaint and the summons upon the District 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.
(Ord. 253 § 1(EXh. A(part)), 2008)
Chapter 5.10 — PERMIT ENFORCEMENT PROVISIONS AND REMEDIES
Sections:
5.10.010 Enforcement provisions and remedies cumulative.
5.10.020 Failure to obtain permit—Corrective order.
5.10.030 Nonconforming work under a permit—Corrective order.
5.10.040 District may correct work and collect costs.
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/recycled water work which are provided for in this chapter are cumulative to any other enforcement
provisions, penalties and remedies which the District may have available under any other provisions of this
code or general law. 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 code or general law.
(Ord. 253 § 1(EXh. A(part)), 2008)
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5.10.020 Failure to obtain permit— Corrective order.
When a 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/distribution system any sewer/recycled water line
constructed, excavated, repaired, rebuilt, altered or reconstructed without the necessary permit; and/or to
expose completed work for inspection.
(Ord. 253 § 1(EXh. A(part)), 2008)
5.10.030 Nonconforming work under a permit— Corrective order.
If the work performed or activity conducted under any permit violates any term of that permit or does
not conform to pertinent District Code 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/recycled water which
is the object of the work is located, or both, to desist from further work, remove existing work, disconnect
from the District collection/distribution system any sewer/recycled water line constructed, excavated,
repaired, rebuilt, altered or reconstructed, expose completed work for inspection.
(Ord. 253 § 1(EXh. A(part)), 2008)
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 District Code 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 5.10.050 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 permit or of this code 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 5.10.050 or from any responsible party, as set forth in Section
1.08.100. All emergency corrective work shall be to the extent and degree deemed appropriate by the
General Manager in his or her sole discretion for the purpose of safeguarding public health and safety.
(Ord. 253 § 1(EXh. A(part)), 2008)
5.10.050 Collection of costs resulting from violation.
Whenever a person fails to obtain a permit 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 Code
sections, rules, orders, regulations and specifications, or violates any term of any permit, the District may
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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 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 Section 1.08.100.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 5.12 - SUSPENSION OR REVOCATION OF PERMITS AND
SUSPENSION OF CONTRACTOR REGISTRATIONS
Sections:
5.12.010 Suspension or revocation of sewer work permits.
5.12.020 Procedure for permit suspension or revocation.
5.12.030 Contractor registration and procedure for suspension of contractor registration.
5.12.010 Suspension or revocation of permits.
The District may suspend or revoke any permit if the permit holder fails or refuses to comply with each
provision of the permit, pertinent provisions of this code, the specifications, rules and regulations of the
District, the orders of District staff, or pertinent rules and regulations of a federal or state agency or to pay
any sewer/recycled water work permit-related fee, charge or financial obligation (e.g., inspection fees).
Nothing in this section shall be interpreted as creating or imposing any duty upon the District to ensure that
permit holders comply with state worksite safety laws. Nonetheless,to the extent that District staff observes
any safety violations, the District shall have the right to refuse inspection or revoke or suspend a permit and
notify the Division of Occupational Safety and Health, state of California, or any other appropriate agency.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.12.020 Procedure for permit suspension or revocation.
A. If sufficient grounds exist under Section 5.12.010, District staff may suspend or revoke a permit. Prior
to suspension or revocation, District staff shall give written notice of the grounds for the suspension or
revocation and the effective date of the suspension or revocation.All notices shall provide a reasonable
opportunity to correct the stated violation(s) or act(s) of noncompliance and shall be served in the
manner prescribed by Section 1.12.020.
B. The suspension or revocation of the permit shall continue until the permit holder corrects or removes
the grounds for suspension or revocation to the satisfaction of the District. A permit holder whose
permit has been revoked shall reapply for a new permit.
C. A permit holder may appeal the suspension or revocation of a permit to the Board after the issuance
of a final staff decision pursuant to the procedures of Chapter 1.16.
(Ord. 253 § 1(Exh. A(part)), 2008)
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5.12.030 Contractor registration and procedure for suspension of contractor registration.
A. In order to apply for a permit, a contractor must demonstrate its possession of appropriate licenses
and register with the District.
B. In addition to or separate from the suspension or revocation of a permit under Section 5.12.020, the
District may also suspend a contractor's District registration preventing the issuance of future permits
during the period of suspension of the contractor's registration. Grounds for the suspension of District
registrations shall include, but not be limited to unwillingness, inability or refusal to comply with the
provisions of this code, the Standard Specifications or other District, state or federal rules, regulations
or procedures or to pay any permit-related fee, charge or financial obligation (e.g., inspection fees).
Such an accumulation of violations could also include, but not be limited to violations of this title, receipt
of notices of violation, damage to District facilities, failures to obtain appropriate inspections,
noncompliance with standard specification requirements and failures to promptly correct poor
workmanship. The duration of a suspension of a District registration shall not exceed two years.
Reinstatement of a contractor's registration shall at minimum be contingent upon 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 suspension 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 permit.
D. A permit holder may appeal the suspension of a contractor's District registration after the issuance of
a final staff decision pursuant to the procedures of Chapter 1.16.
(Ord. 253 § 1(EXh. A(part)), 2008)
Chapter 5.16 - OWNER'S IMPROVEMENT AGREEMENTS
Sections:
5.16.010 Requirement for agreement and security.
5.16.020 Agreement form.
5.16.030 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.
5.16.060 Notice of requirement.
5.16.070 Effective date and acceptance date.
5.16.080 Actions against security.
5.16.090 Reduction of security.
5.16.100 Return of security.
5.16.110 Unclaimed security.
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5.16.010 Requirement for agreement and security.
A. Findings and Declaration of Purpose. The Board finds that a property owner seeking to install new
public sewer/recycled water facilities to serve his or her property shall provide appropriate assurance
that the work is diligently pursued to completion. The Board further finds there is a need
for owner's improvement agreements and accompanying project security to assure the District does
not become responsible for completion of sewers/recycled water facilities in private developments and
to indemnify the District from liability arising from construction of new facilities by private parties. The
agreement and project security are also needed to assure new public sewer/recycled water facilities
are constructed in accordance with plans and specifications for the work as reviewed by the District.
B. Submittal for Proposed Public Sewer/Recycled Water Facilities. The property owner that undertakes
the private work of installing new public sewer/recycled water facilities or his or her properly authorized
agent shall execute an owner's improvement agreement and deposit security with the District in the
amount and in one of the forms required by Section 5.16.030 for each project. The District may require
documentation properly demonstrating agency authority before accepting an improvement agreement
or security from an agent for the owner. The owner's improvement agreement and project security,
must be legally executed and submitted to the District before any contractor's permit for the work can
be issued.
C. Submittal for Proposed Private Sewer Facilities. The owner of the property to be served by new
commonly used private sewer facilities, such as private collection systems serving more than one
building (as in an apartment complex), or his or her properly authorized agent, shall execute an
owner's improvement agreement for each such project.The District may require proper documentation
demonstrating agency before accepting the signature of an agent. The owner shall deposit a properly
executed improvement agreement with the District before a permit for the work can be issued. No
security is required for issuance of permits for private sewer facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.020 Agreement form.
The General Manager will prescribe the form of the owner's improvement agreement.
(Ord. 253 § 1(Exh. A(part)), 2008)
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, cash, cashier's check, certificate of deposit or irrevocable letter of credit from
an institution and in a form 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 will become a part of the public sewer/recycled
water system. The District may also require the submission of a security to ensure the payment of
suppliers and subcontractors, if required by the circumstances of the project, to ensure the availability
of legal remedies for such persons in the event of nonpayment by the property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 project security account.
The District shall give the depositor a receipt for such deposit. Interest shall accrue monthly on a cash or
check deposit at the average monthly rate of the local agency investment fund.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.050 Condition for release of security.
As a condition for release of the security, the owner shall comply with each term of the owner's
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 local, federal and state agencies. The security shall guarantee the owner's faithful performance of the
agreement, the diligent completion of the construction of the 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 to be
satisfactorily completed and the work is finally accepted. If deemed appropriate by 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. 253 § 1(Exh. A(part)), 2008)
5.16.060 Notice of requirement.
District staff shall advise owners of the requirement for the owner's improvement agreement and
security in writing after plans for the work have been received by the District for preliminary plan review.
(Ord. 253 § 1(Exh. A(part)), 2008)
5.16.070 Effective date and acceptance date.
A. Effective Date. The owner's improvement agreement shall become effective on the date set forth as
the "effective date" on the agreement form.
B. Acceptance Date. The date all work required by the provisions of the District's standard specifications
and this code is completed, inspected, and accepted by the District in writing shall be the acceptance
date of the improvements.
C. 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. 253 § 1(Exh. A(part)), 2008)
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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 owner's improvement agreement, 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
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 owner's improvement agreement,
whether by his or her signature or that of an agent, the owner is deemed to have waived any right of prior
notice as a prerequisite to the District claiming or proceeding against the owner's security.
Nonetheless, solely for the purpose of administrative appeal under this code, the affected owner shall
be notified in writing by District staff of any such claim against his or 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 claim against his or
her security in the manner provided by this 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. 253 § 1(EXh. A(part)), 2008)
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 five 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. 253 § 1(EXh. A(part)), 2008)
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.
(Ord. 253 § 1(EXh. A(part)), 2008)
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5.16.110 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 security may 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 seq. For purposes of compliance with such procedures, the three-year holding period shall begin
upon the end of the one-year warranty period for the improvements.
(Ord. 253 § 1(EXh. A(part)), 2008)
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Title 6 FEES AND CHARGES*
Chapters:
Chapter 6.04 - PERMIT AND LICENSE FEES
Chapter 6.08 -ANNEXATION CHARGES
Chapter 6.12 - CAPACITY FEE PROGRAM
Chapter 6.20 - REIMBURSEMENT FEES
Chapter 6.24 - SEWER SERVICE CHARGE
Chapter 6.26 -ANNUAL INDUSTRIAL PERMIT FEES
Chapter 6.30 - SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-RELATED RATES AND
CHARGES
Chapter 6.38 - RECYCLED WATER CHARGES—LANDSCAPE IRRIGATION
Chapter 6.40 - HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES FOR CONDITIONALLY
EXEMPT SMALL QUANTITY GENERATORS
Chapter 6.41 - REPEAL OF PRIOR FEES AND CHARGES
Chapter 6.04 PERMIT AND LICENSE FEES
Sections:
6.04.010 Time of payment of fees.
6.04.010 Time of payment of fees.
Each fee prescribed in this title is due at the time of application for the service or permit to be provided
and the District may not issue the permit or provide the service as the case may be until the applicant pays
the fee.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.08 ANNEXATION CHARGES
Sections:
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 new parcels to the District. The Board of
Directors further finds that it is necessary to impose an annexation charge upon the owners of parcels when
such parcels are annexed to the District in order to recover the administrative and related costs resulting
from the annexation.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.08.020 Annexation charge.
The owner of real property which is annexed to the District shall as a condition of annexation pay to
the District an annexation charge to cover the 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.08.030 Determination of annexation charge.
A. Large Annexations and Reorganizations. When a petition for annexation is processed as a
reorganization (two or more changes of organization initiated in a single proposal), or where the
petition for annexation is for a property proposed to be developed into ten or more subdivision lots, the
property owner shall be charged an annexation charge equal to the District's actual administrative and
related costs to process the annexation. An initial deposit shall be due and payable upon the property
owner's submittal of a petition for annexation to the District. Additional costs that exceed the initial
deposit amount shall be due and payable within forty-five days of the date of the District's invoice
mailed to the property owner by first-class mail, which billing may be on a monthly or less frequent
basis at the District's discretion.
B. Other Annexations. The Board of Directors shall from time to time, after conducting a public hearing,
adopt by ordinance a flat annexation charge for the recovery of the District's average costs associated
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with standard annexations of real property. A standard annexation is defined as one involving a parcel
or parcels other than those processed as large annexations or reorganizations under subsection A of
this section. Such charges for standard annexations shall be incorporated into the schedule of
environmental and development-related rates and charges of Chapter 6.30 of this code.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.08.040 Time of payment of annexation charge.
For large annexations or reorganizations,the annexation charge shall be due when a petition to annex
the parcel(s) is submitted to the District. For standard annexations, the District shall collect annexation
charges at the time a permit to connect to the public sewer is issued.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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 Schedule of capacity fees, rates and charges.
6.12.090 No prepayment of capacity fees, rates and charges.
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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
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 chapter.
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 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 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.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 periodically.
G. 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 6.12.080(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.
H. 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.
I. 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
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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.
J. 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
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 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 chapter and adopting the capacity fee program
in that a notice of exemption has been prepared setting forth Public Resource Code Section
15378(b) as the basis for this exemption, for the reasons set forth in subsections (J)(1)and
(2)of this section, 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 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, the 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 or her connected buildings or facilities pays his or her fair share of the cost of District
services and facilities. It is the intent of this chapter that the capacity fee program together with the
other revenue programs of the District provides 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 chapter 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. 253 § 1(Exh. A(part)), 2008)
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6.12.020 Adoption by ordinance.
The District Board of Directors may, (A) establish zones recognizing areas where a significant
differential in the cost of providing services and facilities exists, (B) adopt capacity fees and charges for
residential units within each zone, and (C) 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 fees and charges as may be proposed for
Board of Directors' consideration from time to time. The fees, charges, and RUE factors set forth in the
ordinance shall be based on an engineering application of the principles set forth in this chapter. 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 6.12.080 (Schedule of
capacity fees, rates and charges).
(Ord. 253 § 1(Exh. A(part)), 2008)
6.12.030 General provisions.
A. Definitions.The following terms shall have the meaning set forth below for the purposes of this chapter.
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 where the estimated volume of flow or the strength of the wastewater
discharged from such connection will be increased due to construction of additional units of
measure, or a change in use of the buildings or facilities. This increase in flow or strength
shall include an existing connection from a nonresidential connection where the units of
measure attributable to such connection has at any time been increased, including any
combination of increases over time once such increases are known to the property 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 on a property 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
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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.
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.
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 single family 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 ), mobilehome residences, and accessory dwelling 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, classrooms, or other units of measure
determined to be appropriate as listed in the Schedule of Capacity Fees, Rates and Charges.
B. Administration. The General Manager shall administer, implement and enforce the provisions of this
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
chapter shall be separately accounted for and used as follows:
1. The portion of the revenues collected pursuant to this 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
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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 periodically.
2. The portion of the revenues collected pursuant to this chapter 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.
1. Except for users who elect to participate in the capacity fee installment payment programs as
provided below, payment of capacity fees shall be due and made prior to the time of imposition
of any added burden Payment of Capacity Fees will be made at the time the District approves
building plans. 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.
2. Under ordinary circumstances where a connection permit is sought, or where the District receives
prior notice of 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.
3. 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 or at the time of
subsequent discovery of the unreported new connection or change in use, at the discretion of the
general manager after consideration of the facts of the particular situation.
4. Penalties for delinquent capacity fees shall be in accordance with Section 1.08.080 (Penalties for
delinquent payments). 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 chapter, in addition to any fees, penalties, interest
or other amounts to which the District may be entitled.
E. Capacity Fees for Unpermitted Work.
1. Capacity Fees for all other uses for which the District did not receive a request for a connection
permit or building plans for review shall be charged at the rate that is current at the time of
discovery.
2. Capacity Fees for an Accessory Dwelling Unit constructed prior to January 1, 2018 for which the
District did not issue a permit shall be charged as a multi-family residential unit.
F. 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
chapter 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 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 of
unpaid or delinquent fees may not be apparent from title report information.
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G. 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 value of the assets 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.
H. Additional Fee. The revenues provided by collection of the capacity fees pursuant to the provisions of
this 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.
I. Authority to Inspect Parcels. In order to effect the powers of this chapter and pursuant to Section
6523.2 of the Health and Safety Code of the state, 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 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
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. 253 § 1(Exh. A(part)), 2008)
(Ord. No. 263, § 1, 9-2-2010)
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 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 chapter.
B. Basis for Capacity Fees. Capacity fees for residential units shall be set from time to time as provided
in this 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 chapter shall be
representative of both the volume of flow and strength characteristics for an average residential unit
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as determined by wastewater industry standards and specific studies undertaken by the District and
other sewering entities.
C. Capacity Fees for Accessory Dwelling Units (ADUs), as defined in Title 7 Article 2 of the California
Government Code [Section 65852.2], which includes efficiency units as defined in 17958.1 of the
Health and Safety Code, shall conform to the requirements therein. "Existing Space" is defined as
space for which a building permit has been issued, all conditions of the building permit have been
satisfied, and the building permit has been closed for at least 3 years.
D. Other Additional Residential Units not meeting the criteria for ADUs. 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 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 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 a full bathroom consisting of a sink, a toilet, and
a shower or a tub; an additional sink located outside the bathroom area; 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).
E. Residential Capacity Fee Installment Payment Program. Users who apply to connect an existing home
to the District's public sewer system and concurrently abandon a septic tank system serving the
property may elect to participate in the capacity fee installment payment program (the"Program"). The
program shall be subject to the following limitations:
1. Only residential properties being converted from use of private septic tank systems to public
sewer service shall be eligible to participate in the Program.
2. Users who elect to participate in the Program shall be assessed administrative charges as
established for the Program in the Schedule of Environmental and Development-related
Fees and Charges in effect as of the effective date of this section, and as such fees and
charge may be modified in the future in accordance with the provisions of Chapter 6.30
3. As a condition of participation in the Program, a user shall execute a promissory note and
enter into a memorandum of agreement in the District's standard form therefor;
4. If a property owner elects to participate in the Program, the capacity fees that would
otherwise be due at the time of the District's issuance of a permit to connect to the public
sewer shall be financed by the District over a ten-year period at the interest rate established
for the Program in the Schedule of Environmental and Development-related Fees and
Charges in effect as of the effective date of agreement, and as such fees and charge may
be modified in the future in accordance with the provisions of Chapter 6.30
5. The District shall collect annual installment payments due under the Program on each year's
Contra Costa County Property Tax Roll.
6. The general manager or his/her designee is authorized to execute and record the required
program memoranda of agreement and releases of agreement on behalf of the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 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
6.12.040(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 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 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
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 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:
# - FLO, + 1 BODe + TSSC Actual Number of
f+`LO c BODS SRRul I Units of Measure
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),
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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),
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 wastewater 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. 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 6.12.080
(Schedule of Capacity Fees and Charges).
1. If District staff believes that the applicable capacity fees as determined by use of established units
of measure and RUE factors may be unreasonably high based on the user's anticipated site-
specific wastewater flow and strength, a special study shall be conducted to determine the
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appropriate capacity fee. Such study shall be undertaken upon payment by the user of the cost
for such study.
All special studies shall be based upon an engineering application of the principles set forth in
this chapter and to the particular wastewater flow and strength factors of the user subject to the
special study.
2. Monitoring of Burden and 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, shall 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.
If the subsequently completed monitoring and reevaluation 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. The user shall be responsible for payment of any additional fee within thirty days
of receipt of a District invoice therefor.
F. Non-Residential Capacity Fee Installment Payment Program ("the 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 fee installment
payment program was established to allow for time payment of capacity fees.
Participation in the Program shall be at the option of the user,with the concurrence of the parcel owner.
The program shall be subject to the following conditions:
a. For users who elect to participate in the Program, capacity fees shall be assessed as otherwise
provided for in this chapter.
b. If a user elects to participate in the Program, the capacity fees that would otherwise be due at the
time of the District's issuance of a permit, shall be financed by the District at the interest rate and
for the number of annual payments listed in the Schedule of Capacity Fees, Rates and Charges
in effect as of the date the agreement is signed.
c. Zone 1 and Zone 2 fees, if applicable, may be financed under the Program.
d. Users who elect to participate in the program shall be assessed annual administrative charges at
the rates and in the manner established for the capacity use program in the Schedule of
Environmental and Development-related Fees and Charges in effect as of the date the agreement
is signed, and as such rates may be modified in the future in accordance with the provisions of
Chapter 6.30.
e. The District shall bill and collect an annual capacity fee installment payment 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.
f. As a condition of participation in the program, a user shall execute a promissory note and enter
into a memorandum of agreement provided by the District in a form suitable for recording.
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In the event an added burden is discovered for which capacity fees have not been paid, and the user
is otherwise eligible for the Non-residential Capacity Fee Installment Payment Program, the General
Manager may, at his or her discretion, allow the user to participate in the Program for payment of fees
resulting from the added burden.
In the event that is a cessation of use of the parcel which continues through the next fiscal year or
longer, participation in the program shall be suspended.Where there is a resumption of use on the parcel,
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.
The agreement may be terminated and credit given for all capacity fees paid if the General Manager
determines that a change in use has occurred on the parcel which reduces the wastewater burden to a
level that the collection of additional annual payments is not warranted.
G. Capacity Use Charge for Facilities Use Under a Special Discharge Permit. The Board of Directors
finds that it is 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 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:
RUEsa = The number of residential unit equivalents of the discharge as determined pursuant to the
formula in subsection D (Calculation of Capacity Fees for Nonresidential Uses) of this section,
RUF = The capacity fee for a residential unit equivalent in the applicable zone, in dollars, included in
Section 6.12.080 (Schedule 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 6.30.020 (Schedule of Environmental and Development-related Fees and
Charges), determined by the following formula:
DCF =1/365 , where i=the annual interest rate adopted by the Board.
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. 253 § 1(Exh. A(part)), 2008)
6.12.060 Change of use.
A. Any change of use for a parcel which results in an added burden as defined in Section 6.12.030(A)on
the District's facilities will subject that parcel to additional capacity fees for the added burden. Any
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person who causes an added burden to be imposed shall pay capacity fees in accordance with this
chapter. 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 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
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 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. 253 § 1(Exh. A(part)), 2008)
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 section.
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 permitted by the relocated business credit provisions of this title.
B. Demolition/Change in Use Credits.
1. A credit is 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 chapter, based on the
capacity fees, rates and charges in effect at the time the credit is requested.
2. A credit for a change of use of a parcel 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.
3. 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.
4. 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
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not transferable. Credits shall be allocable to the owner of such parcel at the time of
change of use.
C. Relocated Business Credit. As stated in this chapter, capacity fees run with the parcel and are
typically not transferable among parcels. Nonetheless, the Board may at its discretion permit a
property owner or holder of a leasehold estate to transfer previously paid capacity fee payments
from one property to another (i.e., receive a capacity fee credit) when a business is relocated
within the District. The Board shall consider any relocated business credit request on a case-by-
case basis and may review all relevant factors, including but not limited to forced or involuntary
relocation brought on by 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. All approved relocated business credits shall be in a written agreement between the
District and all parties with an interest in the original 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 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 right to transfer capacity fees and shall only be available to address unusual or unforeseen
circumstances where the imposition of a second capacity fee for the same business would
effectively result in a duplicate charge for the use of essentially the same capacity. Furthermore,
this subsection shall not in any way create a right to engage in a general commodity or exchange
market in capacity credits between different businesses, entities or persons.
D. 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.
E. Payment for Capacity Fee Credits Not Applicable. Credits as calculated pursuant to the provisions
of this chapter 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. 253 § 1(Exh. A(part)), 2008)
6.12.080 Schedule of capacity fees, rates and charges.
The Board of Directors has set capacity fees, rates, and charges by ordinance, 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 or her connected buildings or facilities
pays his or her fair share of the cost of District services and facilities.
The actual schedule of capacity fees, rates and charges shall be kept on file with the Secretary of the
District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.12.090 No prepayment of capacity fees, rates and charges.
With the exception of the credit provisions set forth in this chapter, no prepayment of capacity fees,
rates or charges is permitted.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.20 REIMBURSEMENT FEES
Sections:
6.20.010 Policy statement, findings, declaration of 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.
6.20.090 Administration 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.
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 Rebate fees and charges accrued prior to June 1, 1998.
6.20.300 Schedule of reimbursement fees.
6.20.400 Customer reimbursement of District 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.
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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 section.
5. That rebate accounts, and rebate amounts established under prior ordinances, before June 1,
1998, remain in full effect and shall be considered to be reimbursement accounts, and
reimbursement amounts under this chapter.
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 chapter.
D. The following definitions apply to this 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, creek or channel crossings requiring bridges, trestles, culverts,
and/or channel modifications, greater than twenty-foot trench depth, unusually costly shoring or
traffic control measures, or other nonstandard 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 or 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. 253 § 1(Exh. A(part)), 2008)
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 6.20.030(A).
Alternatively,the installer may apply for early establishment of a reimbursement account by completing
all of the submittals required by Section 6.20.030(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 therefor. In the case of such early establishment
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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 6.20.030(A)(4), no later than
six months after the District's acceptance of a standard facility,to remain eligible to receive reimbursements
under this chapter.
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 6.20.030(B). To remain
eligible to receive reimbursements under this chapter after the District's acceptance of the special
facility, the installer shall also complete the post-construction submittals required by Section
6.20.030(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. 253 § 1(Exh. A(part)), 2008)
6.20.030 Installer submittals.
A. Post-Construction Submittals for Standard Facilities. No later than six months after the District's
acceptance of a standard facility, the installer shall submit all of the following to the General Manager:
1. A copy of approved job plans;
2. Reimbursement account application;
3. Appropriate account setup fees;
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
5. 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.
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 or her application for the permit:
1. Reimbursement account application;
2. Appropriate account setup fees;
3. A scale map delineating the special facility, as well as all parcels which could reasonably be
served by the special facility;
4. 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;
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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
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 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 6.20.030(B), updated to show any
changes.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.040 Reimbursement fees and agreements.
A. All reimbursements for installers pursuant to this 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 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 parcels, residential unit equivalents, or connections 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 or her judgment in determining the actual reimbursement fee that applies when, in his or
her opinion, modifications are justified.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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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. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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 therefor. 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. 253 § 1(Exh. A(part)), 2008)
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6.20.090 Administration charges.
The Board may from time to time set up reimbursement program administration charges, including but
not limited to charges for the creation of reimbursement accounts and transaction fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 the agreement between the installer and the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.200 Funds and accounts.
Funds collected by the District under this chapter shall be placed in segregated accounts for each
project for which reimbursement fees or deposits are established. When funds are collected, the District
shall send a written notice to the installer's last known address. The District shall disburse funds only upon
written request of the installer.
Regardless 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.210 Adjustment of reimbursement fees.
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 or 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 from or refunding excess reimbursement
fees to previous connectors.
B. The General Manager shall review reimbursement fees from time to time for the increase or decrease
in the value of facilities over time. The Engineering News Record Construction Cost Index shall be the
basis for any adjustment and no other interest component will be considered.
C. There shall also be a straight-line 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
chapter is seventy-five years for sewers and forty years for pumping stations.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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. 253 § 1(Exh. A(part)), 2008)
6.20.230 Expiration of reimbursement fees.
All reimbursement fees adopted prior to June 1, 1998 shall expire on June 1, 2018. Each
reimbursement fee adopted pursuant to this chapter 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 reimbursement fees shall cease on the
expiration date. Any funds remaining in an account as of the fee's expiration shall be processed pursuant
to Section 6.20.200, and the reimbursement account shall be closed.
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
6.20.250 Effect of chapter.
This chapter or any action taken pursuant hereto does not create any right, title or interest in any
property. The Board may change or repeal any portion of this chapter at any time. No property right
becomes vested by operation of this chapter and the District is not liable for damage of any nature related
to any change or repeal of any portion of this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.260 Rebate fees and charges accrued prior to June 1, 1998.
For the purposes of this chapter, rebate fees or charges established under prior ordinances shall be
considered and handled as if they were reimbursement fees.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.20.300 Schedule of reimbursement fees.
All properties subject to reimbursement fees enacted after June 1, 1998 by the Board shall be
uncodified and kept on file with the District Secretary. Reimbursement fee applications and documentation
providing the basis for the fee calculation 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.20.400 Customer reimbursement of District installation costs.
In certain cases, the public interest and public safety may require the District itself to design and
construct public sewage facilities for an existing or proposed development. In order to comply with
applicable law concerning use of District revenues, the District shall adopt a reimbursement fee structure
to provide for full reimbursement of any and all costs associated with installation of local street sewers.
Reimbursement fees to reimburse the District for other sewer facilities may also be imposed.
Reimbursement fees for District costs shall be calculated in the same or similar manner set 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 provisions and requirements for installers.
(Ord. 253 § 1(Exh. A(part)), 2008)
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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 Credits and adjustments.
6.24.070 Refunds.
6.24.080 Special sewer service charges.
6.24.100 Due date of charges.
6.24.110 Where payable.
6.24.120 Direct billing.
6.24.130 Persons responsible.
6.24.140 Penalties for nonpayment.
6.24.150 Collection of charges on tax roll.
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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
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
users of the sewer system. Periodic cost of service studies shall be conducted to support the District's
revenue requirement, allocation of costs, customer classes and rate design for recovery of costs within
classes.
B. As a predominantly residential service agency, the basic unit charge established in this chapter by the
District is that necessary to recover the sum of total system and plant operation, maintenance, and
replacement costs(including pay as you go and debt service costs funding capital needs), and general
administration and accounting cost for providing service to an average single-family dwelling unit, and
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shall be a flat rate per month per living unit. Rates for multi-family dwelling units shall also be calculated
as a flat rate 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 include recovery of capital costs and debt service related to the
funding of capital costs. Capital improvement costs for plant and sewer system shall be financed, to
the extent possible, primarily from revenues derived from ad valorem taxes, annexation charges,
agency contracts, and connection charges, and from sewer service charges and debt proceeds as
necessary. These rates and charges, shall be established by ordinance of the Board of Directors of
the District and reviewed periodically. Charges for nonresidential users shall be based on the use of
the sewer system for the previous calendar year.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.030 Rates.
The ordinance enacting this chapter shall in no 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 uncodified ordinance of the
Board and kept on file with the District Secretary.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.040 Power to inspect premises.
In order to effect the powers of this section and pursuant to Section 6523.2 of the Health and Safety
Code of the state, the District's General Manager and his or her authorized representatives are given the
power and authority to enter upon private property for the purpose of inspection 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 type and number of plumbing fixtures situated 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. 253 § 1(Exh. A(part)), 2008)
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 or 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 section; and no reconnection shall
be made until all such charges are paid.
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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 chapter. While state law permits the collection of amounts delinquent up to
four years prior as of June 30 of each year, it is District policy to collect only three years'worth of
delinquent payments.
D. Such other action may be taken as may be authorized by law and by the Board.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.060 Credits and adjustments.
A credit or adjustment will be made on a case-by-case basis in accordance with standard operating
procedure.
A. For both residential and nonresidential properties, a credit or adjustment may be given where the
property has been permanently disconnected from the sanitary sewer system in accordance with
this code and the standard specifications.
B. For nonresidential uses, a credit or adjustment may be given where the property has been vacant
for at least a twelve-month period.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 (i.e., cases in which sewer services were
provided, but in an erroneously high amount), all 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 services were provided
to property owners, but were nonetheless inadvertently charged), refund claims shall be subject
to the following restrictions, as mandated by Government Code Section 53082:
1. Fees collected before January 1, 1992, shall be refunded in full to the party that in fact paid
the fees upon the presentation of adequate documentation.
2. Fees collected after January 1, 1992, shall be subject to a one hundred eighty day statute of
limitations for refund claims, starting from the date of payment.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.24.080 Special sewer service charges.
A. It is the intent of the provisions of this chapter, 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 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 or her 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. 253 § 1(Exh. A(part)), 2008)
6.24.100 Due date of charges.
The initial payment of sewer service charges shall be made at the time of the District's collection of
capacity fees. Subsequent sewer service charges shall become due and payable as of the date of mailing
of the billing as provided in Section 6.24.120 or in accordance with the payment schedule of a regular
property tax bill.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.110 Where payable.
Except as otherwise provided elsewhere in this chapter, 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. 253 § 1(Exh. A(part)), 2008)
6.24.120 Direct billing.
Except as provided elsewhere in this chapter,the General Manager shall ascertain the amount of each
sewer service charge applicable to each premises in the District, and shall annually mail to the owner of
each premises in the District, a bill for the sewer service charges, which are payable in two installments.
Such bills shall be mailed to the current 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 circumstances.
(Ord. 253 § 1(Exh. A(part)), 2008)
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6.24.130 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 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. 253 § 1(Exh. A(part)), 2008)
6.24.140 Penalties for nonpayment.
Except when charges are placed on the tax roll, a charge becomes delinquent the day after it becomes
due and penalties shall accrue in accordance with Section 1.08.080.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 state, and subject to the exceptions set forth in this chapter, the District elects, as an alternative
procedure for the collection of sewer service charges prescribed or imposed by the provisions of this
chapter 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 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, or by reference to plats or
maps on file in the office of the District.
C. Since the District has already complied with the first-time mailed notice requirements of Health and
Safety Code 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. At the time stated in the abovementioned notice, the Board shall hear and consider all objections or
protests, if any, to the report referred to in the notice and may continue the hearing from time to time.
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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. 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.
F. 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
or 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.
H. 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.
I. 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.
K. The tax collector may in his or 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.
L. If any premises within the District are omitted from the abovementioned report or the tax roll, either
because the charge therefor 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 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 therefor
under the provisions of this chapter, the balance of the charge shall be collected in the manner
provided elsewhere in this chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.24.160 Government or public premises.
The provisions of this chapter shall apply to governmental or public premises as well as to premises
which are not governmental or public premises. As used in this section, "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 state 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. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.26 ANNUAL INDUSTRIAL PERMIT FEES
Sections:
6.26.010 Annual industrial permit fees.
6.26.010 Annual industrial permit fees.
The Board shall from time to time, after a public hearing, establish by uncodified ordinance 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 permitted industries. The permit fee amounts shall be
incorporated into the schedule provided by Chapter 6.30 of this code (Schedule of Environmental and
Development-Related Rates and Charges) and kept on file with the District Secretary.
Chapter 6.30 SCHEDULE OF ENVIRONMENTAL AND DEVELOPMENT-
RELATED RATES AND CHARGES
Sections:
6.30.010 Findings.
6.30.020 Schedule of environmental and development-related rates and charges.
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6.30.010 Findings.
The Board of Directors finds:
A. That the District incurs substantial costs to provide 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 and inspection for public main sewer line
extensions and installation, alteration, replacement and repair of private side sewers, the addition
of new sewers, parcels, and permit information to District maps, administration and inspection
related to source control permit, permitting of septage and grease haulers, and treatment of
grease and septage at the treatment plant;
B. That it is necessary to charge customers and other users of District environmental and
development-related services to recover the reasonable costs of providing said services;
C. That District staff has comprehensively analyzed the actual costs of providing said services;
D. That the rates and charges 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
costs reasonably allocable to provision of the services listed in the schedule of rates and charges.
(Ord. 253 § 1(Exh. A(part)), 2008)
6.30.020 Schedule of environmental and development-related rates and charges.
The schedule of environmental and development-related rates and charges referenced herein shall
be adopted by ordinance by the Board and kept on file with the District Secretary in an uncodified manner.
Such schedule shall list, amongst other things, the amounts and times for payment of such rates and
charges.
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Chapter 6.38 RECYCLED WATER CHARGES—LANDSCAPE IRRIGATION
Sections:
6.38.010 Findings.
6.38.020 Customer classification.
6.38.030 Land irrigation rates.
6.38.040 Connection fees.
6.38.050 Billing cycle.
6.38.060 Cost-benefit analysis.
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 produce recycled water for the purpose of supporting regional development of local
potable water supplies. Furthermore,the Board finds that the production and delivery of recycled water
is now an integral component of compliance with the requirements and restrictions set by the Regional
Water Quality Control Board for the District's provision of sewer services to all users of District facilities.
Therefore, the Board finds that the recycled water production costs are allowable wastewater costs
and it is appropriate to adopt a rate structure based upon a balancing of the District's own cost recovery
concerns against the requirements of providing recycled water at the lowest possible cost and rates to
be competitive with potable water pricing structures. 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 support regional development of
the local 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
sources 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 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.
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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 of recycled water by property owners is entirely voluntary and subject to their discretion.
(Ord. 253 § 1(Exh. A(part)), 2008)
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: Former Potable
Class II: Former Canal/Well
(Ord.253 § 1(Exh.A(part)),2008)
6.38.030 Land irrigation rates.
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.
B. The basic unit charge for users of the system shall be in units of one thousand gallons of recycled
water supplied by the system.
C. All recycled water charge rates or amendments thereto shall be established by uncodified ordinance
of the Board and kept on file with the District Secretary.
(Ord. 253 § 1(Exh. A(part)), 2008)
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
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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. 253 § 1(Exh. A(part)), 2008)
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, (Provisions Concerning Recycled Water Service).
(Ord. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
6.38.070 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. Total revenues generated pursuant to such an agreement are not intended to produce an
excessive surplus or profits.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.40 HAZARDOUS WASTE HANDLING AND DISPOSAL CHARGES
FOR CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS
Sections:
6.40.010 Findings.
6.40.020 Recovery of costs.
6.40.030 Method for determining and adopting charges.
6.40.010 Findings.
The Board of Directors finds that operation of a household hazardous waste collection facility is now
an integral component of compliance with the requirements and restrictions set by the Regional Water
Quality Control Board for the District's provision of services to all users of District facilities. Furthermore,
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 state 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. 253 § 1(Exh. A(part)), 2008)
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. 253 § 1(Exh. A(part)), 2008)
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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 chapter is intended to limit the variety of packaging and 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 kept on file with the District Secretary in an uncodified manner.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 6.41 REPEAL OF PRIOR FEES AND CHARGES
Sections:
6.41.010 Repeal of prior fees and charges.
6.41.010 Repeal of prior fees and charges.
The ordinance amending this title, effective November 27, 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 November 27, 2008, amending this title, is intended to repeal,
extinguish, suspend or allow to lapse any obligation to pay fees and charges under prior ordinances, which
obligation accrued on or before November 27, 2008, or for fees and charges calculated under prior
ordinances which may come due on or after November 27, 2008. It is the specific intent of this title that all
obligations to pay fees and charges arising before November 27, 2008, shall remain in effect.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Title 7 — REAL PROPERTY AND IMPROVEMENTS*
Chapters:
Chapter 7.01 — PROPERTY RIGHTS FOR DISTRICT WASTEWATER FACILITIES EXISTING AS OF
OCTOBER 2, 2008
Chapter 7.02—ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Chapter 7.03—QUITCLAIMING OR "VACATING" EASEMENTS, RIGHTS-OF-WAY AND LICENSES
FOR SEWER AND RELATED USES
Chapter 7.04 - USE OF APPURTENANT EASEMENTS FOR DISTRICT FACILITIES
Chapter 7.08— LEASE OF DISTRICT REAL PROPERTY
Chapter 7.10 - SALE OF SURPLUS REAL PROPERTY
Chapter 7.15— EASEMENTS AND EASEMENT ENCROACHMENTS
Chapter 7.01 PROPERTY RIGHTS FOR DISTRICT WASTEWATER
FACILITIES EXISTING AS OF OCTOBER 2, 2008
Sections:
7.01.010 Acknowledgment and declaration.
7.01.010 Acknowledgment and declaration.
A. The District acknowledges, asserts and declares that it has acquired and accepted property rights
necessary for construction, reconstruction, renewal, alteration, operation, maintenance, inspection,
repair and replacement of all those District-owned and/or maintained sanitary sewer or recycled water
facilities that are shown on the District's "collection system maps" as of October 2, 2008, 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 right-of-way, street, road,
or path, or in a recorded or unrecorded easement or reservation, or in any other location whatsoever.
In making the above acknowledgment, assertion and declaration, the District further declares that the
purpose of this chapter is to state its position and to clarify the existence of property rights that have
previously been acquired.This declaration and clarification of existing property rights shall not be construed
to be a new acquisition, taking or other action subjecting the District to any claim of liability for
compensation.
Such existing property rights have been acquired by various means, including those set forth below:
1. Formal acceptance by resolution of the District Board of Directors of easements, reserves or other
rights offered for dedication to the District for construction, reconstruction, renewal, alteration,
operation, maintenance, inspection, repair and/or replacement of 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.).
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2. Acceptance of Other Recorded Grants of Easements, Dedications or Rights-of-Way by Conduct.
The District also has acquired and accepted by its conduct the right to construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace District sanitary sewer facilities shown
on its collection system maps in easements, reservations or rights-of-way 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 sanitary sewer purposes 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. Acceptance of Offers of Dedication Under Subdivision Map Act by Conduct. Where, prior to
October 2, 2008, public sanitary sewer facilities have been constructed by the District itself 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 offered for
dedication to the county, to a city or to the District for sanitary 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 declares that it has accepted such offer
for District use for construction, reconstruction, renewal, alteration, operation, maintenance,
inspection, repair and replacement of public sanitary sewer facilities through its conduct.
4. Acceptance of Unrecorded Grants or Reservations by Conduct. Where, prior to October 2, 2008,
public sanitary sewer facilities have been constructed by the District itself or by others and
subsequently contributed to the District, and/or the facilities have been operated or maintained by
the District in an easement, reservation or right-of-way which is shown on a grant of
easement, nonstatutory offer of dedication or deed continuing a reservation in favor of the District
(including generalized reservation) for utilities or public use and the District has constructed or
maintained sewers or sewer facilities in such easement, reservation or right-of-way area without
such grants or dedication having been formally accepted by the District and/or recorded, the
District declares that it nonetheless has in fact accepted such grants, dedications or reservations
for its use for construction, reconstruction, renewal, alteration,operation, maintenance, repair and
replacement of such public sanitary sewer facilities through its conduct.
5. Use of Appurtenant Easements. The District shall have the right to construct, reconstruct, renew,
alter, operate, maintain, inspect, repair 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. Prescription, Necessity, or Other Equitable Means. The District shall have also acquired by
prescription, necessity or other equitable means property rights to easements or rights-of-way
that may not have been formally offered to or accepted by the District in the past for all those
sanitary sewer facilities shown on its collection system maps as of October 2, 2008, but not
described in subsections (A)(1) through (A)(5) of this section above, that it has operated,
maintained, inspected or made use of for a period five years or more or otherwise in compliance
with legal requirements for prescription or necessity.
7. Condemnation. Acquisition of easements or other property interests through condemnation
proceedings.
8. Exception to this Acknowledgment and Declaration of Ownership. Notwithstanding subsections
(A)(1) through (A)(7) above, there are specific locations where sewer facilities may be shown on
the District's collection system 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
rights-of-way that the District does not acknowledge or accept ownership of include the following:
a. Areas underlying facilities marked as "Abandoned Lines"on the collection system maps;
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b. Areas underlying facilities marked as "Tentative Sewer Lines" on the collection system
maps;
c. Areas underlying facilities marked as "Proposed Future Lines" on the collection system
maps;
d. Areas underlying facilities marked as "Private Lines"on the collection system maps;
e. Areas underlying facilities marked by text or labels on the collection system maps as being
owned by other public agencies.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.02 ACCEPTANCE OF INTERESTS IN REAL PROPERTY
Sections:
7.02.010 Policy.
7.02.020 Irrevocable offers of dedication, requirement of acceptance.
7.02.030 Acceptance of offers of dedication for limited purpose.
7.02.040 Pre-acceptance liability.
7.02.050 Grants of easement—Acceptance.
7.02.010 Policy.
With the exception of those real property interests acquired and accepted as acknowledged, asserted
and declared in Chapter 7.01, it is the policy of the District to accept real property interests such as
easements and rights-of-way for sewer/recycled water-related purposes primarily through the acceptance
of irrevocable offers of dedication either under the provisions of the Subdivision Map Act or by separate
instrument as provided in this chapter, or by assignment of appurtenant rights under 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. All acceptances after October 2, 2008 shall
occur only in the manner set forth in this chapter and set forth by state law.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.02.020 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 a street, road,trail, path, easement
or other interests in real property explicitly or implicitly for sewer/recycled water purposes on the map
shall be deemed to be an irrevocable offer of dedication in favor of the District. The rejection
of nonsewer/recycled water rights by any other local public agency shall not affect the irrevocable offer
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potentially available to the District for use for sanitary sewer/recycled water facilities or the District's
right to later accept such offers of dedication for sanitary sewer/recycled water purposes.
B. Prior to the District completing its final review of plans, and issuance of a permit for construction of a
proposed extension of a District sewer/recycled water main, 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/recycled water extension, have been acquired in favor of and in a form
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, following favorable
review by the District, of a subdivision map that includes offers of dedication of streets, roads, trails,
paths, easements or other interests in real property explicitly, or implicitly in the case of public road
dedications, for sanitary sewer/recycled water purposes over the entire alignment of the proposed
main sewer/recycled water extension, or portions thereof; (2) submittal of properly executed
irrevocable offers of dedication for easements over the entire alignment of the proposed main
sewer/recycled water extension, or portions thereof, on forms 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/recycled water 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 documents.
C. General or specific-case authority to receive 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 dedication shall be accepted only as provided in subsection D below.
D. With the exception of those real property interests acknowledged, asserted and declared in Chapter
7.01, an irrevocable offer of dedication of an easement or other interests in real property for
sewer/recycled water purposes, including all Subdivision Map Act offers of dedication, shall be
accepted by the District only by either: (1) adoption and recording of a resolution of the Board; or (2)
by execution and recording of a "Certification of Acceptance" by the General Manager pursuant to a
resolution of the Board delegating general or specific case authority to accept offers of dedication.
Neither the receipt nor recording by the District of an irrevocable offer of dedication instrument nor a
property owner's filing of a subdivision map including offers of dedication shall constitute acceptance
of the offer of dedication.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.02.030 Acceptance of offers of dedication for limited purpose.
The District may accept any offer of dedication of property rights for use for sanitary sewer/recycled
water facility purposes in its entirety or only in part. At the discretion of the Board, the District may limit
acceptance of any dedication solely to exclusive or nonexclusive subsurface rights for the purpose of laying
sewer/recycled water facilities and to exclusive or nonexclusive surface access rights for construction,
maintenance and repair of such facilities. Any acceptance by the District 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 nonaccepted property rights such as rights for a public street, or a public right-
of-way, or subject the District to responsibility for maintenance or liability arising from facilities or land which
were not specifically accepted or are not related to sanitary sewer/recycled water facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.02.040 Pre-acceptance liability.
Under no circumstances shall the mere approval by another local agency of a subdivision map with
sewer/recycled water facility dedications constitute acceptance by the District of such a dedication.
Likewise, by itself, a mere offer of dedication that is made after October 2, 2008 and is separate from the
real property interests acknowledged, asserted and declared in Chapter 7.01, shall not constitute an
acceptance by the District, or impose liability on the District or render any land to be"public property"owned
by the District under the Tort Claims Act, Section 810 et seq. of the Government Code.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.02.050 Grants of easement—Acceptance.
Notwithstanding the rights and prerogatives granted under this chapter, the District reserves to itself
the power to acquire grants of easements for sewer/recycled water purposes when, in its discretion, it
determines that it is advisable to do so. The grants of easements shall not be accepted by the District until
accepted by either: (1)adoption and recording of a 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 authority to accept offers of dedication.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.03 QUITCLAIMING OR "VACATING" EASEMENTS, RIGHTS-OF-
WAY AND LICENSES FOR SEWER AND RELATED USES
Sections:
7.03.010 Scope of quitclaim chapter.
7.03.020 Procedures to quitclaim or vacate real property interests.
7.03.010 Grants of easement—Acceptance.
The procedures set forth in this chapter shall be applicable to the quitclaiming or exchange of
easements, rights-of-way and licenses owned by the District and determined to be surplus and no longer
necessary for public purposes pursuant to the provisions of Section 8300 et seq. of the Government Code.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.03.020 Procedures to quitclaim or vacate real property interests.
If the General Manager determines that certain property rights held by the District, such as easements,
rights-of-way or licenses for sewer, recycled water, or related purposes are unnecessary for present or
prospective District use, or that conveyance or exchange of such property rights would be of public benefit,
he or she shall prepare a position paper, determination or a report to that effect. Such position paper,
determination or report shall be presented to the Board for its consideration. The Board may in its sole
discretion convey such real property rights by authorizing execution of grant deeds, quitclaims or contracts
by resolution. The transfers of property rights addressed in this chapter shall not be subject to the vacation
procedures for cities and counties pursuant of the public streets, highways and service easements
vacation.
(Ord. 253 § 1(EXh. A(part)), 2008)
Chapter 7.04 USE OF APPURTENANT EASEMENTS FOR DISTRICT
FACILITIES
Sections:
7.04.010 General policy.
7.04.020 District rights to district facilities in appurtenant easements.
7.04.030 Optional recordation.
7.04.010 General policy.
A. The Board finds that historic development patterns and increased urbanization of areas within the
District's jurisdiction have created increased demand for public sewage collection, treatment and
disposal services. The Board further finds that some areas within the District's jurisdiction may best be
served by the construction and installation of public sewers and sewage facilities in appurtenant
easements that provide for or make reservations for access, sewer facilities or other utilities to benefit
certain properties.
B. Accordingly, the Board declares that the District may construct, reconstruct, renew, alter, operate,
maintain, inspect, repair and replace District sanitary sewer facilities in any appurtenant easements
that provide for or make reservations for sanitary sewers, utilities or other types 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.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.04.020 District rights to district facilities in appurtenant easements.
Any construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement
of District sanitary sewer facilities within appurtenant easements may be performed for the benefit of and
pursuant to the rights held by one or more dominant tenement owner(s) of the appurtenant easement. A
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request for service by even a single dominant tenement owner, may justify use of the appurtenant
easement, with or without consent of other dominant or servient tenement owners. Once sewers or other
sewer facilities are constructed within an appurtenant easement and accepted by the District, the District's
rights to enter the 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.04.030 Optional recordation.
In order to facilitate the provision of notice to future successors or assigns, the District may request
that the dominant tenement owner(s) provide the District with a recordable document reflecting the
dominant tenement owner(s)'assignment of rights to construct, reconstruct, renew, alter,operate, maintain,
inspect, repair and replace District sanitary sewer facilities within the appurtenant easement through a
license or other recordable document.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 ten years or more.
7.08.050 Required findings and authorization of leases of less than ten years.
7.08.010 Purpose.
A. The District may lease 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, 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 and
Safety Code Section 6514.1.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.08.020 Term.
No lease of District property shall exceed ninety-nine years in length. Leases shall be subject to
periodic review by the District.
(Ord. 253 § 1(Exh. A(part)), 2008)
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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.08.040 Required findings and competitive award for leases of ten years or more.
A. For leases of more than ten 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 and that
the proposed lease is in the best interests of the District and its ratepayers. All authorizing ordinances
shall 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 ten 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.08.050 Required findings and authorization of leases of less than ten years.
If the Board makes a finding at a noticed public hearing that the proposed leasehold use of a particular
parcel of District property will be compatible with District uses, that entering into the proposed lease will be
of public benefit, and that the term of the proposed lease is equal to or less than ten years, the ordinance
and competitive bidding procedures of Section 7.08.040 shall be optional.
(Ord. 253 § 1(Exh. A(part)), 2008)
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Chapter 7.10 SALE OF SURPLUS REAL PROPERTY
Sections:
7.10.010 Scope.
7.10.020 Determination of surplus land.
7.10.030 Manner of disposal.
7.10.040 District personnel prohibited.
7.10.050 Sale proceeds.
7.10.010 Scope.
The procedures set forth in this chapter 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 procedures 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 of the Streets and Highway Code typically do not apply
to disposal of District property.
(Ord. 253 § 1(Exh. A(part)), 2008)
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 the property 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.10.030 Manner of disposal.
The 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.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.10.040 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 chapter.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.10.050 Sale proceeds.
The amount received for any property sold pursuant to this chapter shall be credited to the appropriate
fund as determined by the General Manager.
(Ord. 253 § 1(Exh. A(part)), 2008)
Chapter 7.15 EASEMENTS AND EASEMENT ENCROACHMENTS
Sections:
7.15.010 Definitions.
7.15.020 District policies concerning future acquisition of easements and property rights.
7.15.030 Creation of District easements.
7.15.040 Minimum standards for easements.
7.15.050 Unlawful acts.
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.
7.15.100 Grandfathering.
7.15.110 Removal and restoration of improvements that are disturbed by District activities.
7.15.120 District remedies.
7.15.010 Definitions.
For the purposes of this chapter, 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 enjoyment of its easement rights. As used in this chapter, there are two classes of
encroachments:
1. Class One Encroachments. These are encroachments that 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: interlocking
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pavers, pervious pavers, patios or decks without subsurface foundations, sheds or
stage units that are readily removable from the easement, modest landscaping,and minor cuts and
fills. The Board may promulgate and amend rules, regulations, and procedures to implement the
provisions of this chapter, including the following:
2. Class Two Encroachments. These are encroachments that are likely to result in significant
interference with District's use of easement for the present or future, and where simple safeguards
and/or mitigation measures will not remove or adequately ameliorate the interference with
construction, reconstruction, renewal, alteration, operation, maintenance, repair and replacement
of or access to District sanitary sewer facilities within the easement. Examples of Class Two
encroachments ordinarily include: permanent structures such as buildings (including garages or
outbuildings), swimming pools, permanent decks, reinforced concrete surfaces, solar
panels, sports courts, 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 operation of District
facilities, such as: trees, large bushes, overgrown vegetation, large accumulations of stored
materials, storm water retention/treatment facilities, and other activities and conditions which may
prevent reasonable access for construction, reconstruction, renewal, alteration, operation,
maintenance, repair and replacement of District facilities within the easement.
C. "Property owner" means the fee owner or long-term 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 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 facilities.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.020 District policies concerning future acquisition of easements and property rights.
The following District policies apply to easements acquired by the District after October 2, 2008:
A. Wherever feasible, District facilities will be located in and on lands owned by the District, in 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 facilities may be installed in easements over private property when installation in a location
described in subsection A of this section is not possible, would be impracticable, technically less
suitable, difficult to maintain or would be unduly burdensome on District.
C. The District's easement rights shall be sufficient to enable the District to construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace its facilities as may be needed without
excessive cost or other undue difficulty.
(Ord. 253 § 1(Exh. A(part)), 2008)
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7.15.030 Creation of District easements.
A. District easements may be created in any manner allowed by law.
B. Notwithstanding subsection 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
suitable 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 as provided in Chapter 7.02 of this code.
C. Prior to October 2, 2008 easement interests were acquired and accepted as acknowledged, asserted
and declared in Chapter 7.01 of this code.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.040 Minimum standards for easements.
A. Unless expressly waived by the District for good cause, an easement conveyed to the District after
October 2, 2008, and all easements existing as of said 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 property of the servient tenement.
2. The easement shall be subject to the provisions of this code and to other rules and regulations
promulgated by the District.
B. Easements may either be for the exclusive or nonexclusive benefit of the District. 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 width set forth in documentation, the
easement shall be considered to be a minimum of ten feet in width centered on the pipeline. A
reasonable right of surface access for maintenance and repair shall also be presumed.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.050 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 the District facilities therein;
B. Fail to abate or otherwise remove or discontinue any action or condition that results in an
unauthorized encroachment after receiving written notice of the existence of the easement;
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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 a District easement that causes,
whether directly or indirectly, a significant interference with the District's easement rights; or
F. Cause or permit any activity or condition on or within a District easement that constitutes a public
or private nuisance.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.060 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, wood property line fences, standard concrete driveways, and similar landscaping features
would not ordinarily cause significant interference with a District easement used for
subsurface District facilities.
B. Except as provided in Section 7.15.070, 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 or otherwise take measures to mitigate the encroachment.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.070 Real property agreements.
A. To maintain a Class One encroachment or to obtain relief from a Class Two encroachment,
the property owner shall apply for and obtain a Real Property Agreement.
B. The District shall establish, and the applicant shall comply with such procedures as are required to
process and act on the application, including submission of information needed to evaluate the
application.
C. A Real Property Agreement may be issued if:
1. The applicant has fully complied with all District requirements and procedures pertaining to
issuance of the real property agreement;
2. The applicant has accepted and agreed to all terms and conditions as set forth in Section
7.15.080;
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3. The District finds that the real property agreement conditions will ensure that the Class One
encroachments as authorized will not result in significant interference with the District's easement;
and
4. The District finds that the real property agreement for a Class Two encroachment 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
a property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.080 Real property agreement terms and conditions.
The applicant shall execute and deliver to the District a 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 conditions:
A. A provision that the real property agreement shall be binding upon heirs, successors and assigns
with regard to ownership interest in the real property burdened by the District's easement;
C. An acknowledgement of the prohibitions and limitations set forth in this chapter;
D. With respect to Class One encroachments, the restrictions in use or modifications to the property
required to mitigate the effects of the encroachment and safeguard the District's easement
rights to prevent the encroachment from causing significant interference with the District's use of
the easement; and
E. With respect to Class Two encroachments, the conditions that, to the extent reasonably possible
under the circumstances, will:
1. Eliminate the encroachment in due course; and
2. Ameliorate the impacts of the encroachment on the District's easement through mitigation
measures and safeguards,and shift to the property owner any increased costs that may be incurred
by the District due to the existence of the encroachment.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.15.090 Other regulations.
The Board may promulgate and amend rules, regulations, and procedures to implement the provisions
of this chapter, including the following:
A. Establish rules, regulations, and procedures concerning applications for and issuance of real
property agreements;
B. Set fees and charges for District services related to easements;
C. List and categorize activities and conditions that constitute encroachments; and
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D. Establish standard real property agreement conditions applicable to specific activities and
conditions including mitigation measures, safeguards, and similar provisions.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.100 Grandfathering.
An encroachment that was in existence prior to October 2, 2008 may be maintained and shall not be
subject to immediate mandatory removal or abatement if the encroachment is grandfathered pursuant to
this section.At the District's sole discretion, an encroachment may be grandfathered if the applicant applies
for and obtains a real property agreement pursuant to the terms of this chapter.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.110 Removal and restoration of improvements that are disturbed by District activities.
Whenever the District's reasonable use of the easement to construct, reconstruct, renew, alter,
operate, maintain, inspect, repair and replace District facilities results in the need for the property owner's
improvements to the real property to be removed or disturbed, the following provisions shall apply:
A. Conditions Not Constituting Encroachments. The District shall, at the expense of the District,
upon completion of the District's activities, replace or restore the improvements in kind which are
not prohibited by this chapter, or where such responsibility is specified in a real property
agreement.
B. Authorized Encroachments. If the encroachment is authorized pursuant to a real property
agreement and the real property agreement does not provide otherwise, the property owner shall,
at no expense to the District, be responsible to restore the encroaching improvements,
landscaping, or structures.
C. Unauthorized Encroachments. Unauthorized encroachments shall be removed by the property
owner at their expense and shall not be restored by the District. Removal shall be
performed promptly after notice from the District. If the encroachment has not been removed
within a reasonable time after notice, or if the urgency of the District's easement activities requires,
the District may remove the encroachment itself, and the removal costs may be charged to the
property owner.
(Ord. 253 § 1(EXh. A(part)), 2008)
7.15.120 District remedies.
Remedies granted to the District in this chapter are in addition to any other rights and remedies that
are available under this code or that are otherwise afforded by law, and the District is entitled to exercise
any and all such rights and to charge property owners for the costs of such remedies, either serially or
cumulatively, as determined by the District.
(Ord. 253 § 1(EXh. A(part)), 2008)
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Chapter 7.20 RIGHT TO ACCESS DISTRICT FACILITIES
Sections:
7.20.010 District right to access District facilities on private or public property.
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 property.
Where the District has facilities within easements, reservations or rights-of-way, including those real
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, operate, maintain, inspect, repair and
replace District facilities and as set forth in Section 1.08.020 of this code. The District may also remove
landscaping and other encroachments within the easement, reservation or right-of-way that significantly
impede access to District facilities or unreasonably interferes with the construction, reconstruction, renewal,
alteration, operation, maintenance, repair or replacement by District of its facilities within the easement,
reservation or right-of-way.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.20.020 Interference with District's access.
The District shall not be responsible for the costs of removal of obstructions preventing reasonable
access to its facilities within easements, reservations or rights-of-way on private property, nor shall such
removal, pruning or required modifications of landscaping or hardscaping provide a basis for compensation
to the property owner.
(Ord. 253 § 1(Exh. A(part)), 2008)
7.20.030 Right of entry permits.
The District may issue "right of entry" permits to its contractors and consultants, or to the contractors
or consultants of others who apply to construct, reconstruct, renew, alter, maintain, inspect, repair and/or
replace lateral sewers or other sanitary sewer/recycled water appurtenances within District easements,
reservations or rights-of-way. Right of entry permits shall operate as a temporary assignment of the District's
right to use and enjoy its real property interests for legitimate sanitary sewer/recycled water facility
purposes.
(Ord. 253 § 1(Exh. A(part)), 2008)
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ATTACHMENT 3
ORDINANCE NO. 315
AN ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
REVISING DISTRICT CODE
CHAPTERS 1 .04, 1 .08, 1 .16, 5.04, 5.08, 5.10, 5.12, 5.16,
6.12, 6.20, 6.24, 6.38, 7.02, 7.03, 7.04, 7.15, and 7.20
WHEREAS, the Central Contra Costa Sanitary District (Central San) has determined
that there is a need to update certain provisions within Chapters 1, 5, 6, and 7 of the
District Code; and
WHEREAS, a public hearing was noticed pursuant to Government Code Sections
50022.3 and 6066 for March 18, 2021 at 1:30 p.m. at the District Board of Directors
Regular Meeting scheduled for that date; and
WHEREAS, a properly noticed public hearing was held on March 18, 2021 where all
interested parties were given an opportunity to be heard, and thereupon the public
hearing was closed; and
WHEREAS, the District Counsel has reviewed these proposed Code revisions and
concluded that adoption of these Code modifications does not constitute a California
Environmental Quality Act (CEQA) Project as defined under Title 14 of California Code
of Regulations; specifically it does not constitute a Project pursuant to §§ 15378(b)(2),
4) and (5) because:
i) this action is continuing administrative in nature, and deals with general
policy and procedure making; and
ii) it does not create any governmental funding mechanism or fiscal activity
involving a commitment to any specific project; and
iii) it is an organizational and administrative activity that will not result in any
direct or indirect changes to the environment; and
WHEREAS, the Board of Directors duly considered all oral and documented evidence.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
1. Amendment of Section 1.04.100
The following section of the District Code shall be amended to read as follows:
1.04.100 Definitions.
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Unless the context specifically indicates otherwise, the following terms and phrases, as
used in this code, shall have the meanings designated in this section. Other special
terms or phrases may be defined elsewhere in the code. For example, for definitions
related to Recycled Water, see Title 11.
2. Amendment of Section 1.04.100 JJ
JJ. "Owner's 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 or recycled water work in accordance with District requirements.
3. Amendment of Section 1.08.020
1.08.020 Right to enter on private property.
In order to safeguard public health and community welfare, a District employee, agent
or contractor shall have the right to enter private property as provided by this code and
at law. By applying for sewer service, or by receiving public 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's sewer
system is located for the purpose of sewer replacement, maintenance or repair or for
the purpose of reasonable inspection regarding compliance with this code, any District
permit, the District Standard Specifications, regulation, or state or federal law. By
signing, authorizing or directing the execution of a permit or owner's 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 during any entry onto private property.
Additionally, a District employee, agent 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 section shall be construed as cumulative to any rights provided
elsewhere in this code, in a District permit, in an agreement with the District, or at law.
4. Amendment of Section 1.08.040 A & C
1.08.040 Enforcement— Disconnection of user of sewer/recycled water system — Notice
and hearing.
A. Disconnection. Notwithstanding any other provision of this code, the Board may
order disconnection of a user of the District's sewer/recycled water system in the event
of any violation of this code, the terms of any District permit, the requirements of the
District standard specifications, or other rule, order or regulation of the District, which
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violation the Board deems to be significant, including, but not limited to, nonpayment of
District fees or charges.
C. Immediate Disconnection. In the case of actual or threatened violation of this code,
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's sewer or recycled water 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's facilities. The rights of
immediate disconnection provided by this 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.
5. Amendment of Section 1.08.100 A, D & E
1.08.100 Responsible parties.
Except as otherwise specifically set forth in this code, 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"):
A. The current record parcel owner where the sewer/recycled water or proposed
sewer/recycled water system is located;
D. The person or entity entering into an owner's improvement agreement relevant to
the violation;
E. The person or entity signing a District permit relevant to the violation; and
6. Amendment of Section 1.16.020
1.16.020 Procedure for taking appeal or requesting Board consideration of staff
decision.
Wherever this code 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 fifteen
days of receiving notice of a violation, decision or order.
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The written notice of appeal or request shall include: (a) the date it is signed, (b) the
printed and signed name of the person making the notice, (c) state what action, decision
or order they are requesting be appealed, (d) and explain why said issue should be
appealed.
The provisions of this chapter shall govern such appeal or Board consideration. The
provisions of this chapter 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.
7. Amendment of Section 5.04.005 A
5.04.005 District-issued permit classifications.
A. Within the annexed boundaries of the District, a person shall pay the required fees
and shall obtain a permit from the District before undertaking sewer work or recycled
water work that will connect to the District's distribution system. Such permits shall fall
into the following classifications:
1. Contractor's Permit. With the exception of property owners, as described in
subsection (A)(2) below, all persons proposing to perform any construction, excavation,
repair, rebuilding, alteration or reconstruction of any public or private sewer or recycled
water pipe, or proposing to connect any private system to a public sewer/recycled water
facility must be a contractor licensed in the state of California and shall also obtain a
contractor's permit from the District.
2. Property Owner's Permit. An owner of real property for sewer or recycled water
work located on his or her property may 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/recycled water pipe to a District public sewer/recycled
water facility as such work must be performed by a licensed contractor having obtained
a contractor's permit.
8. Amendment of Section 5.04.010
5.04.010 Permit application.
A. Any person entitled to receive a permit for sewer/recycled water work may apply
for such permit pursuant to the forms provided by the District. The applicant may be
required to provide plans, specifications or drawings or other 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/recycled water facilities.
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B. If an applicant has previously violated this code, the terms of a District permit, the
requirements of the District standard specifications, or other rule, order or regulation of
the District, and such violation has resulted in costs of correction to the District as set
forth in Section 1.08.090 or the imposition of fines, penalties or citations, the applicant
shall not be issued a permit until such costs, fines, penalties or citations have been
settled or paid to the District.
9. Amendment of Section 5.04.015
5.04.015 Properly licensed contractors.
All contractors doing sewer/recycled water 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/recycled water work which contractors with C-36 licenses may perform
is restricted to private side sewers/recycled water from public sewer/recycled water
mains to buildings, excluding connections to the public sewer/recycled water mains. A
"B"—General Building Contractor shall not be issued a permit, unless he or she also
holds one of the required specialty licenses.
10. Amendment of Section 5.04.020
5.04.020 Unpermitted sewer/recycled water work.
Performance of sewer/recycled water work without a permit required by this title is a
violation of this code. The District may employ any enforcement mechanism set forth in
Section 5.10.020 or as otherwise provided by this code or law against those persons
responsible for the unpermitted sewer/recycled water work. The person committing the
violation may be subject to a fine or imprisonment as set forth in Section 1.08.060 of this
code.
11. Amendment of Section 5.04.030
5.04.030 Inspection.
A holder of a permit shall arrange for ongoing District inspections and obtain final
District inspection of any work performed under a permit before placing any constructed,
reconstructed, rebuilt, altered or repaired sewer/recycled water into service. Prior to
signing off on the work performed under any such permit 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 Code sections, rules, orders, regulations,
requirements and specifications, or if the permit holder does not arrange for required
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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 code or general law.
12. Amendment of Section 5.04.060
5.04.060 Effective period of permits.
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. 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.
13. Amendment of Section 5.04.070
5.04.070 Permits not transferable.
A 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.
14. Amendment of Section 5.08.020
5.08.020 State excavation permit required.
A person who employs others and applies for a 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 5.10 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.
15. Amendment of Section 5.10.010
5.10.010 Enforcement provisions and remedies cumulative.
The specific enforcement provisions and remedies with respect to District permits
issued for sewer/recycled water work which are provided for in this chapter are
cumulative to any other enforcement provisions, penalties and remedies which the
District may have available under any other provisions of this code or general law. 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 code or general law.
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16. Amendment of Section 5.10.020
5.10.020 Failure to obtain permit — Corrective order.
When a 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/distribution system any sewer/recycled water line constructed, excavated,
repaired, rebuilt, altered or reconstructed without the necessary permit; and/or to
expose completed work for inspection.
17. Amendment of Section 5.10.030
5.10.030 Nonconforming work under a permit— Corrective order.
If the work performed or activity conducted under any permit violates any term of that
permit or does not conform to pertinent District Code 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/recycled water which is
the object of the work is located, or both, to desist from further work, remove existing
work, disconnect from the District collection/distribution system any sewer/recycled
water line constructed, excavated, repaired, rebuilt, altered or reconstructed, expose
completed work for inspection.
18. Amendment of Section 5.10.040 B
5.10.040 District may correct work and collect costs.
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 permit or of this code 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 5.10.050 or from any responsible party, as set forth in
Section 1.08.100. All emergency corrective work shall be to the extent and degree
deemed appropriate by the General Manager in his or her sole discretion for the
purpose of safeguarding public health and safety.
19. Amendment of Section 5.10.050
5.10.050 Collection of costs resulting from violation.
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Whenever a person fails to obtain a permit 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 Code sections, rules, orders,
regulations and specifications, or violates any term of any 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 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 Section
1.08.100.
20. Amendment of Section 5.12
Chapter 5.12 — SUSPENSION OR REVOCATION OF PERMITS AND SUSPENSION
OF CONTRACTOR REGISTRATIONS
21. Amendment of Section 5.12.010
5.12.010 Suspension or revocation of permits.
The District may suspend or revoke any permit if the permit holder fails or refuses to
comply with each provision of the permit, pertinent provisions of this code, the
specifications, rules and regulations of the District, the orders of District staff, or
pertinent rules and regulations of a federal or state agency or to pay any sewer/recycled
water work permit-related fee, charge or financial obligation (e.g., inspection fees).
Nothing in this section shall be interpreted as creating or imposing any duty upon the
District to ensure that permit holders comply with state worksite safety laws.
Nonetheless, to the extent that District staff observes any safety violations, the District
shall have the right to refuse inspection or revoke or suspend a permit and notify the
Division of Occupational Safety and Health, state of California, or any other appropriate
agency.
22. Amendment of Section 5.12.020
5.12.020 Procedure for permit suspension or revocation.
A. If sufficient grounds exist under Section 5.12.010, District staff may suspend or
revoke a permit. Prior to suspension or revocation, District staff shall give written notice
of the grounds for the suspension or revocation and the effective date of the suspension
or revocation. All notices shall provide a reasonable opportunity to correct the stated
violation(s) or act(s) of noncompliance and shall be served in the manner prescribed by
Section 1.12.020.
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B. The suspension or revocation of the permit shall continue until the permit holder
corrects or removes the grounds for suspension or revocation to the satisfaction of the
District. A permit holder whose permit has been revoked shall reapply for a new permit.
C. A permit holder may appeal the suspension or revocation of a permit to the Board
after the issuance of a final staff decision pursuant to the procedures of Chapter 1.16.
23. Amendment of Section 5.12.030
5.12.030 Contractor registration and procedure for suspension of contractor registration.
A. In order to apply for a permit, a contractor must demonstrate its possession of
appropriate licenses and register with the District.
B. In addition to or separate from the suspension or revocation of a permit under
Section 5.12.020, the District may also suspend a contractor's District registration
preventing the issuance of future permits during the period of suspension of the
contractor's registration. Grounds for the suspension of District registrations shall
include, but not be limited to unwillingness, inability or refusal to comply with the
provisions of this code, the Standard Specifications or other District, state or federal
rules, regulations or procedures or to pay any permit-related fee, charge or financial
obligation (e.g., inspection fees). Such an accumulation of violations could also include,
but not be limited to violations of this title, receipt of notices of violation, damage to
District facilities, failures to obtain appropriate inspections, noncompliance with standard
specification requirements and failures to promptly correct poor workmanship. The
duration of a suspension of a District registration shall not exceed two years.
Reinstatement of a contractor's registration shall at minimum be contingent upon
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 suspension 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 permit.
D. A permit holder may appeal the suspension of a contractor's District registration
after the issuance of a final staff decision pursuant to the procedures of Chapter 1.16.
24. Amendment of Section 5.16
Chapter 5.16 - OWNER'S IMPROVEMENT AGREEMENTS
25. Amendment of Section 5.16.010
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5.16.010 Requirement for agreement and security.
A. Findings and Declaration of Purpose. The Board finds that a property owner
seeking to install new public sewer/recycled water facilities to serve his or her property
shall provide appropriate assurance that the work is diligently pursued to completion.
The Board further finds there is a need for owner's improvement agreements and
accompanying project security to assure the District does not become responsible for
completion of sewers/recycled water facilities in private developments and to indemnify
the District from liability arising from construction of new facilities by private parties. The
agreement and project security are also needed to assure new public sewer/recycled
water facilities are constructed in accordance with plans and specifications for the work
as reviewed by the District.
B. Submittal for Proposed Public Sewer/Recycled Water Facilities. The property
owner that undertakes the private work of installing new public sewer/recycled water
facilities or his or her properly authorized agent shall execute an owner's improvement
agreement and deposit security with the District in the amount and in one of the forms
required by Section 5.16.030 for each project. The District may require documentation
properly demonstrating agency authority before accepting an improvement agreement
or security from an agent for the owner. The owner's improvement agreement and
project security, must be legally executed and submitted to the District before any
contractor's permit for the work can be issued.
C. Submittal for Proposed Private Sewer Facilities. The owner of the property to be
served by new commonly used private sewer facilities, such as private collection
systems serving more than one building (as in an apartment complex), or his or her
properly authorized agent, shall execute an owner's improvement agreement for each
such project. The District may require proper documentation demonstrating agency
before accepting the signature of an agent. The owner shall deposit a properly executed
improvement agreement with the District before a permit for the work can be issued. No
security is required for issuance of permits for private sewer facilities.
26. Amendment of Section 5.16.020
5.16.020 - Agreement form.
The General Manager will prescribe the form of the owner's sewer improvement
agreement.
27. Amendment of Section 5.16.030 B
5.16.030 Form of security.
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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 will become a part of
the public sewer/recycled water system. The District may also require the submission of
a security to ensure the payment of suppliers and subcontractors, if required by the
circumstances of the project, to ensure the availability of legal remedies for such
persons in the event of nonpayment by the property owner.
28. Amendment of Section 5.16.050
5.16.050 Condition for release of security.
As a condition for release of the security, the owner shall comply with each term of the
owner's 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 local, federal and state
agencies. The security shall guarantee the owner's faithful performance of the
agreement, the diligent completion of the construction of the 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 to be satisfactorily completed and
the work is finally accepted. If deemed appropriate by 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.
29. Amendment of Section 5.16.060
5.16.060 Notice of requirement.
District staff shall advise owners of the requirement for the owner's improvement
agreement and security in writing after plans for the work have been received by the
District for preliminary plan review.
30. Amendment of Section 5.16.070 A & B
5.16.070 Effective date and acceptance date.
A. Effective Date. The owner's improvement agreement shall become effective on the
date set forth as the "effective date" on the agreement form.
B. Acceptance Date. The date all work required by the provisions of the District's
standard specifications and this code is completed, inspected, and accepted by the
District in writing shall be the acceptance date of the improvements.
31. Amendment of Section 5.16.080
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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 owner's improvement agreement, 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 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 owner's improvement agreement, whether by his or her signature or that of an agent,
the owner is deemed to have waived any right of prior notice as a prerequisite to the
District claiming or proceeding against the owner's security.
Nonetheless, solely for the purpose of administrative appeal under this code, the
affected owner shall be notified in writing by District staff of any such claim against his
or 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 claim against his or her
security in the manner provided by this 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.
32. Amendment of Section 5.16.110
5.16.110 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 security may 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 seq. For purposes of
compliance with such procedures, the three-year holding period shall begin upon the
end of the one-year warranty period for the improvements.
33. Amendment of Section 6.12.010
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.
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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 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 chapter.
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 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 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. 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 periodically.
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G. 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 6.12.080
(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.
H. 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.
I. 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.
J. 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 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 513 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
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
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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 chapter and adopting the
capacity fee program in that a notice of exemption has been prepared setting forth
Public Resource Code Section 15378(b) as the basis for this exemption, for the
reasons set forth in subsections (J)(1) and (2) of this section, 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 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, the 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 or
her connected buildings or facilities pays his or her fair share of the cost of District
services and facilities. It is the intent of this chapter that the capacity fee program
together with the other revenue programs of the District provides 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
chapter 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.
34. Amendment of Section 6.12.020
6.12.020 Adoption by ordinance.
The District Board of Directors may, (A) establish zones recognizing areas where a
significant differential in the cost of providing services and facilities exists, (B) adopt
capacity fees and charges for residential units within each zone, and (C) 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 fees and charges as may
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be proposed for Board of Directors' consideration from time to time. The fees, charges,
and RUE factors set forth in the ordinance shall be based on an engineering application
of the principles set forth in this chapter. 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 6.12.080
(Schedule of capacity fees, rates and charges).
35. Amendment of Section 6.12.020
6.12.030 General provisions.
A. Definitions. The following terms shall have the meaning set forth below for the
purposes of this chapter.
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 where the estimated volume of flow or the strength of the
wastewater discharged from such connection will be increased due to construction of
additional units of measure, or a change in use of the buildings or facilities. This
increase in flow or strength shall include an existing connection from a nonresidential
connection where the units of measure attributable to such connection has at any time
been increased, including any combination of increases over time once such increases
are known to the property 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 on a property 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
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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.
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.
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 single family 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 ), mobilehome residences, and accessory
dwelling 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
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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, classrooms, or other units of measure determined to be appropriate as listed in
the Schedule of Capacity Fees, Rates and Charges.
B. Administration. The General Manager shall administer, implement and enforce
the provisions of this 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 chapter shall be separately accounted for and used as follows:
1. The portion of the revenues collected pursuant to this 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 periodically.
2. The portion of the revenues collected pursuant to this chapter 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.
1. Except for users who elect to participate in the capacity fee installment payment
programs as provided below, payment of capacity fees shall be due and made prior to
the time of imposition of any added burden Payment of Capacity Fees will be made at
the time the District approves building plans. If an added burden occurs without
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payment of capacity fees, payment shall be due at the time of the District's discovery of
the added burden.
2. Under ordinary circumstances where a connection permit is sought, or where the
District receives prior notice of 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.
3. 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 or at the time of subsequent discovery of the unreported new
connection or change in use, at the discretion of the general manager after
consideration of the facts of the particular situation.
4. Penalties for delinquent capacity fees shall be in accordance with Section
1.08.080 (Penalties for delinquent payments). 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
chapter, in addition to any fees, penalties, interest or other amounts to which the District
may be entitled.
E. Capacity Fees for Unpermitted Work.
1. Capacity Fees for all other uses for which the District did not receive a request
for a connection permit or building plans for review shall be charged at the rate that is
current at the time of discovery.
2. Capacity Fees for an Accessory Dwelling Unit constructed prior to January 1,
2018 for which the District did not issue a permit shall be charged as a multi-family
residential unit.
F. 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 chapter 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
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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 of unpaid or delinquent fees may not be
apparent from title report information.
G. 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 value of
the assets 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.
H. Additional Fee. The revenues provided by collection of the capacity fees
pursuant to the provisions of this 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.
I. Authority to Inspect Parcels. In order to effect the powers of this chapter and
pursuant to Section 6523.2 of the Health and Safety Code of the state, 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 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
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established in Section 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.
36. Amendment of Section 6.12.040
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 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 chapter.
B. Basis for Capacity Fees. Capacity fees for residential units shall be set from time
to time as provided in this 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 chapter 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.
C. Capacity Fees for Accessory Dwelling Units (ADUs), as defined in Title 7 Article
2 of the California Government Code [Section 65852.21, which includes efficiency units
as defined in 17958.1 of the Health and Safety Code, shall conform to the requirements
therein. "Existing Space" is defined as space for which a building permit has been
issued, all conditions of the building permit have been satisfied, and the building permit
has been closed for at least 3 years.
D. Other Additional Residential Units not meeting the criteria for ADUs. 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 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 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
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or door from other residential units on the parcel, and (2) contains a full bathroom
consisting of a sink, a toilet, and a shower or a tub; an additional sink located outside
the bathroom area; 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).
E. Residential Capacity Fee Installment Payment Program. Users who apply to
connect an existing home to the District's public sewer system and concurrently
abandon a septic tank system serving the property may elect to participate in the
capacity fee installment payment program (the "Program"). The program shall be
subject to the following limitations:
1. Only residential properties being converted from use of private septic tank
systems to public sewer service shall be eligible to participate in the Program.
2. Users who elect to participate in the Program shall be assessed administrative
charges as established for the Program in the Schedule of Environmental and
Development-related Fees and Charges in effect as of the effective date of this section,
and as such fees and charge may be modified in the future in accordance with the
provisions of Chapter 6.30
3. As a condition of participation in the Program, a user shall execute a promissory
note and enter into a memorandum of agreement in the District's standard form therefor;
4. If a property owner elects to participate in the Program, the capacity fees that
would otherwise be due at the time of the District's issuance of a permit to connect to
the public sewer shall be financed by the District over a ten-year period at the interest
rate established for the Program in the Schedule of Environmental and Development-
related Fees and Charges in effect as of the effective date of agreement, and as such
fees and charge may be modified in the future in accordance with the provisions of
Chapter 6.30
5. The District shall collect annual installment payments due under the Program on
each year's Contra Costa County Property Tax Roll.
6. The general manager or his/her designee is authorized to execute and record the
required program memoranda of agreement and releases of agreement on behalf of the
District.
37. Amendment of Section 6.12.050 A, E, F & G
6.12.050 Nonresidential capacity fees.
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A. Policy. Capacity fees shall be charged for each new connection of a
nonresidential building or facility, for each new tenant space within a 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 6.12.040(B), shall also apply to nonresidential users.
E. 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 6.12.080 (Schedule of
Capacity Fees and Charges).
1. If District staff believes that the applicable capacity fees as determined by use of
established units of measure and RUE factors may be unreasonably high based on the
user's anticipated site-specific wastewater flow and strength, a special study shall be
conducted 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 shall be based upon an engineering application of the principles set
forth in this chapter and to the particular wastewater flow and strength factors of the
user subject to the special study.
2. Monitoring of Burden and 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, shall 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
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based on the actual flow and strength characteristics as determined by the reevaluation
study.
If the subsequently completed monitoring and reevaluation 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. The user shall be responsible for
payment of any additional fee within thirty days of receipt of a District invoice therefor.
F. Non-Residential Capacity Fee Installment Payment Program ("the 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 fee installment payment program was established to
allow for time payment of capacity fees.
Participation in the Program shall be at the option of the user, with the concurrence of
the parcel owner.
The program shall be subject to the following conditions:
a. For users who elect to participate in the Program, capacity fees shall be
assessed as otherwise provided for in this chapter.
b. If a user elects to participate in the Program, the capacity fees that would
otherwise be due at the time of the District's issuance of a permit, shall be financed by
the District at the interest rate and for the number of annual payments listed in the
Schedule of Capacity Fees, Rates and Charges in effect as of the date the agreement is
signed.
C. Zone 1 and Zone 2 fees, if applicable, may be financed under the Program.
d. Users who elect to participate in the program shall be assessed annual
administrative charges at the rates and in the manner established for the capacity use
program in the Schedule of Environmental and Development-related Fees and Charges
in effect as of the date the agreement is signed, and as such rates may be modified in
the future in accordance with the provisions of Chapter 6.30.
e. The District shall bill and collect an annual capacity fee installment payment 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.
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f. As a condition of participation in the program, a user shall execute a promissory
note and enter into a memorandum of agreement provided by the District in a form
suitable for recording.
In the event an added burden is discovered for which capacity fees have not been paid,
and the user is otherwise eligible for the Non-residential Capacity Fee Installment
Payment Program, the General Manager may, at his or her discretion, allow the user to
participate in the Program for payment of fees resulting from the added burden.
In the event that is a cessation of use of the parcel which continues through the next
fiscal year or longer, participation in the program shall be suspended. Where there is a
resumption of use on the parcel, 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.
The agreement may be terminated and credit given for all capacity fees paid if the
General Manager determines that a change in use has occurred on the parcel which
reduces the wastewater burden to a level that the collection of additional annual
payments is not warranted.
G. Capacity Use Charge for Facilities Use Under a Special Discharge Permit. The
Board of Directors finds that it is 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 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 subsection D (Calculation of Capacity Fees for
Nonresidential Uses) of this section,
RUF = The capacity fee for a residential unit equivalent in the applicable zone, in
dollars, included in Section 6.12.080 (Schedule 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 6.30.020 (Schedule of Environmental and
Development-related Fees and Charges), determined by the following
formula:
DCF = i/365 , where i = the annual interest rate adopted by the Board.
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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.
38. Amendment of Section 6.12.060 A
6.12.060 Change of use.
A. Any change of use for a parcel which results in an added burden as defined in
Section 6.12.030(A) 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 chapter. 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 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.
39. Amendment of Section 6.12.070 C, D & E
6.12.070 Capacity fee credits.
C. Relocated Business Credit. As stated in this chapter, capacity fees run with the
parcel and are typically not transferable among parcels. Nonetheless, the Board may at
its discretion permit a property owner or holder of a leasehold estate to transfer
previously paid capacity fee payments from one property to another (i.e., receive a
capacity fee credit) when a business is relocated within the District. The Board shall
consider any relocated business credit request on a case-by-case basis and may review
all relevant factors, including but not limited to forced or involuntary relocation brought
on by 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.
All approved relocated business credits shall be in a written agreement between the
District and all parties with an interest in the original 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 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 right to transfer capacity fees
and shall only be available to address unusual or unforeseen circumstances where the
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imposition of a second capacity fee for the same business would effectively result in a
duplicate charge for the use of essentially the same capacity. Furthermore, this
subsection shall not in any way create a right to engage in a general commodity or
exchange market in capacity credits between different businesses, entities or persons.
D. 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.
E. Payment for Capacity Fee Credits Not Applicable. Credits as calculated pursuant
to the provisions of this chapter 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.
40. Amendment of Section 6.20.040 A
6.20.040 Reimbursement fees and agreements.
A. All reimbursements for installers pursuant to this 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 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 parcels, residential unit equivalents, or connections 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
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existing sewage facilities, the character of development adjacent to the reimbursement
area, and site topography.
41. Amendment of Section 6.20.200
6.20.200 Funds and accounts.
Funds collected by the District under this chapter shall be placed in segregated
accounts for each project for which reimbursement fees or deposits are established.
When funds are collected, the District shall send a written notice to the installer's last
known address. The District shall disburse funds only upon written request of the
installer.
Regardless 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.
42. Amendment of Section 6.24.020
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 users of the sewer system. Periodic cost of service studies shall be
conducted to support the District's revenue requirement, allocation of costs, customer
classes and rate design for recovery of costs within classes.
B. As a predominantly residential service agency, the basic unit charge established
in this chapter by the District is that necessary to recover the sum of total system and
plant operation, maintenance, and replacement costs (including pay as you go and debt
service costs funding capital needs), 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. Rates for multi-family dwelling units shall also be calculated as a
flat rate 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 include recovery of capital costs and debt
service related to the funding of capital costs. Capital improvement costs for plant and
sewer system shall be financed, to the extent possible, primarily from revenues derived
from ad valorem taxes, annexation charges, agency contracts, and connection charges,
and from sewer service charges and debt proceeds as necessary. These rates and
charges, shall be established by ordinance of the Board of Directors of the District and
reviewed periodically. Charges for nonresidential users shall be based on the use of the
sewer system for the previous calendar year.
43. Amendment of Section 6.24.060
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6.24.060 Credits and adjustments.
A credit or adjustment will be made on a case-by-case basis in accordance with
standard operating procedure.
A. For both residential and nonresidential properties, a credit or adjustment may be
given where the property has been permanently disconnected from the sanitary sewer
system in accordance with this code and the standard specifications.
B. For nonresidential uses, a credit or adjustment may be given where the property
has been vacant for at least a twelve-month period.
44. Amendment of Section 6.24.070
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 (i.e., cases in which sewer
services were provided, but in an erroneously high amount), all 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 services
were provided to property owners, but were nonetheless inadvertently charged), refund
claims shall be subject to the following restrictions, as mandated by Government Code
Section 53082:
1. Fees collected before January 1, 1992, shall be refunded in full to the party that
in fact paid the fees upon the presentation of adequate documentation.
2. Fees collected after January 1, 1992, shall be subject to a one hundred eighty
day statute of limitations for refund claims, starting from the date of payment.
45. Amendment of Section 6.38.010 A & Deleted G
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 produce recycled water for the purpose of supporting
regional development of local potable water supplies. Furthermore, the Board finds that
the production and delivery of recycled water is now an integral component of
compliance with the requirements and restrictions set by the Regional Water Quality
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Control Board for the District's provision of sewer services to all users of District
facilities. Therefore, the Board finds that the recycled water production costs are
allowable wastewater costs and it is appropriate to adopt a rate structure based upon a
balancing of the District's own cost recovery concerns against the requirements of
providing recycled water at the lowest possible cost and rates to be competitive with
potable water pricing structures. 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 support regional
development of the local public potable water supply for the greatest public benefit, and
does not exceed the reasonable cost to provide the service.
46. Amendment of Section 6.38.020
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: [Former Potable
Class II: Former Canal/Well
47. Amendment of Section 6.38.030
6.38.030 Land irrigation rates.
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.
B. The basic unit charge for users of the system shall be in units of one thousand
gallons of recycled water supplied by the system.
C. All recycled water charge rates or amendments thereto shall be established by
uncodified ordinance of the Board and kept on file with the District Secretary.
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48. Amendment of Section 7.02.010
7.02.010 Policy.
With the exception of those real property interests acquired and accepted as
acknowledged, asserted and declared in Chapter 7.01, it is the policy of the District to
accept real property interests such as easements and rights-of-way for sewer/recycled
water-related purposes primarily through the acceptance of irrevocable offers of
dedication either under the provisions of the Subdivision Map Act or by separate
instrument as provided in this chapter, or by assignment of appurtenant rights under 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. All acceptances after October 2, 2008 shall occur only in the manner set forth
in this chapter and set forth by state law.
49. Amendment of Section 7.02.020 A, B & D
7.02.020 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 a street, road, trail, path, easement or other interests in
real property explicitly or implicitly for sewer/recycled water purposes on the map shall
be deemed to be an irrevocable offer of dedication in favor of the District. The rejection
of nonsewer/recycled water rights by any other local public agency shall not affect the
irrevocable offer potentially available to the District for use for sanitary sewer/recycled
water facilities or the District's right to later accept such offers of dedication for sanitary
sewer/recycled water purposes.
B. Prior to the District completing its final review of plans, and issuance of a permit for
construction of a proposed extension of a District sewer/recycled water main, 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/recycled water extension, have been acquired in favor of and in a form
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, following favorable review by the District, of a subdivision map that includes
offers of dedication of streets, roads, trails, paths, easements or other interests in real
property explicitly, or implicitly in the case of public road dedications, for sanitary
sewer/recycled water purposes over the entire alignment of the proposed main
sewer/recycled water extension, or portions thereof; (2) submittal of properly executed
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irrevocable offers of dedication for easements over the entire alignment of the proposed
main sewer/recycled water extension, or portions thereof, on forms 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/recycled water
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 documents.
D. With the exception of those real property interests acknowledged, asserted and
declared in Chapter 7.01, an irrevocable offer of dedication of an easement or other
interests in real property for sewer/recycled water purposes, including all Subdivision
Map Act offers of dedication, shall be accepted by the District only by either: (1)
adoption and recording of a resolution of the Board; or (2) by execution and recording of
a "Certification of Acceptance" by the General Manager pursuant to a resolution of the
Board delegating general or specific case authority to accept offers of dedication.
Neither the receipt nor recording by the District of an irrevocable offer of dedication
instrument nor a property owner's filing of a subdivision map including offers of
dedication shall constitute acceptance of the offer of dedication.
50. Amendment of Section 7.02.030
7.02.030 Acceptance of offers of dedication for limited purpose.
The District may accept any offer of dedication of property rights for use for sanitary
sewer/recycled water facility purposes in its entirety or only in part. At the discretion of
the Board, the District may limit acceptance of any dedication solely to exclusive or
nonexclusive subsurface rights for the purpose of laying sewer/recycled water facilities
and to exclusive or nonexclusive surface access rights for construction, maintenance
and repair of such facilities. Any acceptance by the District 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 nonaccepted property rights such as
rights for a public street, or a public right-of-way, or subject the District to responsibility
for maintenance or liability arising from facilities or land which were not specifically
accepted or are not related to sanitary sewer/recycled water facilities.
51. Amendment of Section 7.02.040
7.02.040 Pre-acceptance liability.
Under no circumstances shall the mere approval by another local agency of a
subdivision map with sewer/recycled water facility dedications constitute acceptance by
the District of such a dedication. Likewise, by itself, a mere offer of dedication that is
made after October 2, 2008 and is separate from the real property interests
acknowledged, asserted and declared in Chapter 7.01, shall not constitute an
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Central Contra Costa Sanitary District
acceptance by the District, or impose liability on the District or render any land to be
"public property" owned by the District under the Tort Claims Act, Section 810 et seq. of
the Government Code.
52. Amendment of Section 7.02.050
7.02.050 Grants of easement—Acceptance.
Notwithstanding the rights and prerogatives granted under this chapter, the District
reserves to itself the power to acquire grants of easements for sewer/recycled water
purposes when, in its discretion, it determines that it is advisable to do so. The grants of
easements shall not be accepted by the District until accepted by either: (1) adoption
and recording of a 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 authority to accept offers of dedication.
53. Amendment of Section 7.03.020
7.03.020 Procedures to quitclaim or vacate real property interests.
If the General Manager determines that certain property rights held by the District, such
as easements, rights-of-way or licenses for sewer, recycled water, or related purposes
are unnecessary for present or prospective District use, or that conveyance or
exchange of such property rights would be of public benefit, he or she shall prepare a
position paper, determination or a report to that effect. Such position paper,
determination or report shall be presented to the Board for its consideration. The Board
may in its sole discretion convey such real property rights by authorizing execution of
grant deeds, quitclaims or contracts by resolution. The transfers of property rights
addressed in this chapter shall not be subject to the vacation procedures for cities and
counties pursuant of the public streets, highways and service easements vacation.
54. Amendment of Section 7.04
Chapter 7.04 USE OF APPURTENANT EASEMENTS FOR DISTRICT FACILITIES
55. Amendment of Section 7.15.010 B
7.15.010 Definitions.
B. "Encroachment" means an activity or condition that results in significant
interference with the District's enjoyment of its easement rights. As used in this chapter,
there are two classes of encroachments:
1. Class One Encroachments. These are encroachments that may result in
significant interference with District's use of easements unless adequate safeguards
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Central Contra Costa Sanitary District
and/or mitigation measures are taken. Examples of Class One encroachments ordinarily
include: interlocking pavers, pervious pavers, patios or decks without subsurface
foundations, sheds or stage units that are readily removable from the easement, modest
landscaping, and minor cuts and fills. The Board may promulgate and amend rules,
regulations, and procedures to implement the provisions of this chapter, including the
following:
2. Class Two Encroachments. These are encroachments that are likely to result in
significant interference with District's use of easement for the present or future, and
where simple safeguards and/or mitigation measures will not remove or adequately
ameliorate the interference with construction, reconstruction, renewal, alteration,
operation, maintenance, repair and replacement of or access to District sanitary sewer
facilities within the easement. Examples of Class Two encroachments ordinarily include:
permanent structures such as buildings (including garages or outbuildings), swimming
pools, permanent decks, reinforced concrete surfaces, solar panels, sports courts,
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 operation of District facilities,
such as: trees, large bushes, overgrown vegetation, large accumulations of stored
materials, storm water retention/treatment facilities, and other activities and conditions
which may prevent reasonable access for construction, reconstruction, renewal,
alteration, operation, maintenance, repair and replacement of District facilities within
the easement.
56. Amendment of Section 7.15.050 A
7.15.050 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 the District
facilities therein;
57. Amendment of Section 7.15.060 A & C
7.15.060 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, wood property line fences, standard
concrete driveways, and similar landscaping features would not ordinarily cause
significant interference with a District easement used for subsurface District facilities.
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Central Contra Costa Sanitary District
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 or otherwise take measures to mitigate the
encroachment.
58. Amendment of Section 7.15.070 A
7.15.070 Real property agreements.
A. To maintain a Class One encroachment or to obtain relief from a Class Two
encroachment, the property owner shall apply for and obtain a Real Property
Agreement.
59. Amendment of Section 7.15.110
7.15.110 Removal and restoration of improvements that are disturbed by District
activities.
Whenever the District's reasonable use of the easement to construct, reconstruct,
renew, alter, operate, maintain, inspect, repair and replace District facilities results in the
need for the property owner's improvements to the real property to be removed or
disturbed, the following provisions shall apply:
60. Amendment of Section 7.20.030
7.20.030 Right of entry permits.
The District may issue "right of entry" permits to its contractors and consultants, or to
the contractors or consultants of others who apply to construct, reconstruct, renew,
alter, maintain, inspect, repair and/or replace lateral sewers or other sanitary
sewer/recycled water appurtenances within District easements, reservations or rights-
of-way. Right of entry permits shall operate as a temporary assignment of the District's
right to use and enjoy its real property interests for legitimate sanitary sewer/recycled
water facility purposes.
61. Finding of No "Project"
The District Board' s action in adopting the proposed Code revisions does not constitute
a Project as envisioned by CEQA, as this action is consistent with defined
circumstances which do not constitute a Project pursuant to the provisions of Title 14
15378(b)(2), (4) and (5).
62. Effective Date
This Ordinance shall be a general regulation of Central San and shall be published once
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Central Contra Costa Sanitary District
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District Boundary, and shall be effective on April 2, 2021. This
Ordinance shall be kept on file with the Secretary of the District.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 18th day of March 2021, by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Tad J. Pilecki
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
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ATTACHMENT 4
r�
N.
PROPOSED CHANGES TO
DISTRICT CODE, INTEREST RATES,
AND ORDINANCE 309
Board Meeting
March 18, 2021
Thomas Brightbill, Senior Engineer
Planning and Development Services
SUMMARY
• District Code — proposed changes to Chapters 1, 5, 6, and 7
• General clean-up
• Recycled water
• Fees and Charges
• Interest rate review and discussion
• For new Non-Residential Capacity Fee Installment Payment Program
• Update to Ordinance 309 (the existing Capacity Fee
schedule)
• For new Non-Residential Capacity Fee Installment Payment Program
1
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Page 210 of 217
CHAPTER 1 — GENERAL PROVISIONS
• Chapter 1.04: General Provisions—Added reference to
Chapter 11 Recycled Water.
• Chapter 1.08: Enforcement and Penalties—Additional language
to include recycled water; clarification of the definition of
"responsible parties."
• Chapter 1.16: Board Consideration of Staff Decisions —
Additional language specifying information required in support
of an appeal submission.
CENT ALSAN
CHAPTER 5 — PERMITS
Updates generally reflect that work on recycled water
extensions and connections are now being done by the
applicant's contractor
• Chapter 5.04: General Provisions—Additional language to
include recycled water; language changes clarifying the
applicability of code requirements to all permit types.
• Chapter 5.08: Insurance and Other Permit Requirements—
Language changes clarifying the applicability of code
requirements to all permit types.
a
CENTRAL SAN
2
March 18, 2021 Regular Board Meeting Agenda Packet- Page 235 of 340
Page 211 of 217
CHAPTER 5 - PERMITS (CONTINUED)
• Chapter 5.10: Permit Enforcement Provisions and Remedies—
Additional language to include recycled water; language
changes clarifying the applicability of code requirements to all
permit types.
• Chapter 5.12: Suspension or Revocation of Permits and
Suspension of Contractor Registrations—Additional language
to include recycled water; language changes clarifying the
applicability of code requirements to all permit types.
• Chapter 5.16: Sewer Improvement Agreements— Chapter
name change; additional language to include recycled water;
language changes clarifying the applicability of code
requirements to all permit types.
CENTRALSAN
CHAPTER 6 - FEE AND CHARGES
• Chapter 6.12: Capacity Fee Program—
• Changes to scope and timing of payments.
• New Non-Residential Capacity Fee Installment Payment Program
(formerly the Capacity Use Charge Program).
• Changes regarding Accessory Dwelling Units(ADUs)including work
done without permits and clarification and definition of conversions of
existing space.
• Editorial changes to the language of the Residential Capacity Fee
Installment Payment Program and Special Studies.
• Additional language consistent with current budgeting process; striking
language related to reserve requirements; updating references to
Public Resource Code; clarifying the inclusion of all funds; and
applying consistent phrasing when referring to fees, charges,
connections, parcels, units of measure and related terms. Removal of
Watershed Fee Credit. Adjustments to relocate some text within the
chapter.
CENTRAL SAN
� f
3
March 18, 2021 Regular Board Meeting Agenda Packet- Page 236 of 340
Page 212 of 217
CHAPTER 6 - FEES AND CHARGE
(CONTINUED)
• Chapter 6.20: Reimbursement Fees— Language changes to
clarify basis of fee determination. Removal of language relating
to requests for disbursement of funds.
• Chapter 6.24: Sewer Service Charge— Including requirements
for cost of service studies to support rate design and additional
clarifying language regarding definition of certain costs, funds,
and rate basis applicability.
• Chapter 6.38: Recycled Water Charges—Additional language
supporting the District's recycled water program, customer
classification, and removal of language related to rate and
minimum fee determinations that are no longer relevant.
CENTRALSAN
CHAPTER 7 - REAL PROPERTY
• Chapter 7.02:Acceptance of Interests in Real Property—
Additional language to include recycled water.
• Chapter 7.03: Quitclaiming Easements—Additional language to
include recycled water.
• Chapter 7.04: Use of Appurtenant Easements for District
Sanitary Sewer Facilities—Sub-chapter name change.
• Chapter 7.15: Easements and Easement Encroachments—
Clarifying language added to definitions of Class One and Class
Two Encroachments; method of creating District easements,
and real property agreements.
• Chapter 7.20: Right to Access District Facilities—Additional
language to include recycled water.
CENTRAL SAN
4
March 18, 2021 Regular Board Meeting Agenda Packet- Page 237 of 340
Page 213 of 217
NEW NON-RESIDENTIAL CAPACITY FEE. .7
INSTALLMENT PAYMENT PROGRAM
• Current District Code allows certain applicants with
large Capacity Fees to pay those fees over 15 years,
including interest
• Current program is complex, includes minimum
threshold for participation
• Reducing complexity and eliminating threshold should
increase number of businesses who could finance their
Capacity Fees
• Central San has received a number of formal and
informal requests for broader financing from businesses
who are struggling in the current economic climate
9
CENTRALSAN
KEY CHANGES TO
THE CAPACITY FEE PAYMENT PROGRAM
Current I Proposed Results
Limited to businesses with No limit More businesses eligible to
strength greater than deli,bar, participate
coffee shop
Annual payments fluctuate with Fixed annual payment Eliminates uncertainty for
water consumption business owner
• Eliminates need to install an
additional water meter for
business on a shared water
meter
• Reduced administration for
both business and Central
San
• (Can still use Special Study
where appropriate)
Limited to Gravity Zone fees Includes both Gravity and More fees can be financed
Pumped Zone fees
io
CENTRALSAN
5
March 18, 2021 Regular Board Meeting Agenda Packet- Page 238 of 340
Page 214 of 217
WHAT STAYS THE SAME
IN THE NEW PROGRAM
• Charges placed on the property tax bill (requires
cooperation of the property owner for businesses that
are tenants)
• Payments end if business closes (parcel is credited for
payments made)
•A subsequent business of the same type in the same
space can assume payments if original business closes
(no additional capacity fees for business of lower
strength if those fees have been paid)
CENTRAL SAN
ADDITIONAL RESIDENTIAL UNITS
NON-CONFORMING ADUs)
Current state law prohibits the collection of sewer Capacity Fees for
certain types of ADUs. Current District Code references the
California Government Code section which contains the definitions
of these ADUs including the maximum size for such structures.
Current District Code also contains a definition for a "separate
additional residential unit"which may be either attached to the
primary residence or may be a detached structure. The definition
states that such a unit 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.
CENTRAL SAN
6
March 18, 2021 Regular Board Meeting Agenda Packet- Page 239 of 340
Page 215 of 217
PROPOSED CHANGES TO
ADDITIONAL RESIDENTIAL UNITS
Proposed changes for Additional Residential Units not meeting
criteria for an ADU (for example, exceeds maximum size):
Existing Language Proposed Language
• "bathroom" • "full bathroom consisting of a
sink, a toilet, and a shower or
a tub"
• "kitchen" • "an additional sink located
outside the bathroom area"
�l
BASIS FOR INTEREST RATES
Existing Proposed
• Larger of Local Agency • LAIF plus
Investment Fund (LAIF) plus . Spread between 20-year and
one" or 6% 3-month Treasury Bills (T-
bills)plus
• 0.5% for ongoing
administration
• 2.74% at current rates
• Updated each year • Updated each year
7
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Page 216 of 217
7FIXED OR VARIABLE INTEREST RATES
FOR THE NON-RESIDENTIAL CAPACITY FEE INSTALLMENT PAYMENT PROGRAM
"Fixed" "Variable"
• Interest rate updated each • Interest rate updated each
year year
• Rate is applied to new • Rate is applied to all active
agreements for that year, agreements
interest rate (and payments)
remains fixed for the life of
the agreement
• New payment amounts
• Follows the existing process calculated each year for all
for Contractual Assessment active agreements
Districts (CADs) and • Update and mail out
Alhambra Valley Assessment statements each year
Districts (AVADs) • Update receivable balances
each year
` 15
EXISTING CAPACITY USE CHARGE
PROGRAM AGREEMENTS
• 15 active agreements
• Not able to modify or terminate these agreements
•Typically about half of the agreements would benefit
from the terms of the new program
• Staff proposes to calculate payments each year under
both old and new programs and charge the lower
payment
• Board could direct that benefits of new program not be
extended to existing Capacity Use Charge Program
agreementsl 16
CENTRALSAN
8
March 18, 2021 Regular Board Meeting Agenda Packet- Page 241 of 340
Page 217 of 217
RECOMMENDED BOARD ACTIONS
1. Conduct a public hearing to receive comments on significant
District Code changes for Titles 1, 5, 6, and 7
2. Discuss an updated basis for interest rates
3. Conduct a public hearing to receive comments on updates to
Ordinance 309
4. Adopt proposed Ordinance 316 to update District Code
5. Adopt proposed changes to Ordinance 309
CENTRALSAN
QUESTIONS, COMMENTS, AND DISCUSSION
CENTRALSAN
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