HomeMy WebLinkAbout2016-08-11 - Resolution No. 16-16 RESOLUTION NO. 16-16
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING THE RULES AND REGULATIONS FOR SEWER SERVICE
AND RESCINDING RESOLUTION NO. 98-01
WHEREAS, the Board of Directors have, from time to time, amended the Rules and
Regulations for sewer service, most recently of which was by Resolution
No. 98-01; and
WHEREAS, it is the desire of the Board of Directors to amend these Rules and
Regulations to reflect current practice.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That the Rules and Regulations for Sewer Service, attached as Exhibit A and
by this reference incorporated herein, are hereby adopted.
Section 2. That Resolution No. 98-01 is hereby rescinded immediately upon adoption of
this Resolution.
PASSED AND ADOPTED this 11th day of August 2016 by the following called vote:
AYES: Directors Beverage, Collett, Hawkins, _Kiley, and Melton
NOES: None
ABSTAIN: None
ABSENT: None
Ric Collett, President
Yorba Linda Water District
ATTEST:
� _
Marc Marcan'tonio, Board Secretary
Yorba Linda Water District
i°
Resolution No. 16-15 Adopting the Rules and Regulations for Sewer Service 1
Reviewed as to form by General Counsel:
Arthur G. Kidmafisq. r
Kidman Law LLP
Resolution No. 16-15 Adopting the Rules and Regulations for Sewer Service 2
RULES AND REGULATIONS
FOR SEWER SERVICE
August 2016
TABLE OF CONTENTS
Section 1……………………………………………………………………… Definition of Terms
Section 2…………………………………………………………………..Policy on Public Sewers
Section 3…………………………………………………….Policy on Private Sewerage Disposal
Section 4………………………………………………..…………………………Building Sewers
Section 5………………………………………………………………………Service Connections
Section 6…………………………………………………………………..……..Fees and Charges
Section 7……………………………………………….Sewer Main Extension Application Policy
Section 8…………………………………………………………..Frontage Charge Determination
Section 9………………………………………………….…………….Sewer Assessment District
Section 10…………………………..Discharge of Certain Materials into Public Sewer Prohibited
Section 11………………………………………………….……………..Protection from Damage
Section 12…………………………………………………….Powers and Authority of Inspectors
Section 13………………………………………………………………………………..Violations
Section 14……………………………………………………………………………….....Validity
SECTION 1: DEFINITION OF TERMS
Unless otherwise specifically defined herein, or unless the context requires a different meaning,
all words, terms and phrases shall be construed according to their ordinary meaning. Unless the
context specifically indicates otherwise, the meaning of terms used in these Rules and
Regulations shall be as follows:
1.1 ADOPTED: Adopted by the Yorba Linda Water District Board of Directors.
1.2 APPLICANT: A person applying for public sewer service.
1.3 BOARD OF DIRECTORS or BOARD: The Board of Directors of the Yorba Linda
Water District.
1.4 BUILDING SEWER: The extension from the building drain to the public House Sewer
connection or other place of disposal.
1.5 BUILDING SEWER PERMIT: The permit issued by any governmental agency, other
than the District, for installation of the building sewer. The building sewer permit does
not include permission to connect to District public sewer facilities.
1.6 COMBINED SEWER: A sewer receiving both surface run off and sewerage.
1.7 CONTRACTOR: A person licensed by the State of California to construct public sewer
mains.
1.8 CUSTOMER: An individual or Agency of record receiving public sewer service from
the Yorba Linda Water District.
1.9 DISTRICT: The Yorba Linda Water District.
1.10 DISTRICT ENGINEER OR ENGINEER: The engineer of the District or their
authorized agents, limited by the particular duties entrusted to them.
1.11 EASEMENT: A property right for the District to use and/or enter onto the real property
of another to install, construct, reconstruct, remove, inspect, maintain, repair, replace,
improve, relocate a pipeline or pipelines, or other District improvements.
1.12 FRONTAGE: The length of that side of the property to which service connection is
made.
1.13 GARBAGE: The solid waste from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of produce.
1.14 GENERAL MANAGER: The person appointed by the Board of Directors of the District
as the executive officer of the District.
1.15 INDUSTRIAL WASTE: The liquid waste from industrial manufacturing processes,
trade, or business as distinct from public sewerage.
1.16 ORANGE COUNTY SANITATION DISTRICT (OCSD): The regional public agency
that provides wastewater collection, treatment and disposal services for central and
northwest Orange County, including Yorba Linda Water District.
1.17 NATURAL OUTLET: Any outlet into a water course, conduit, lake, or other body of
surface or ground water.
1.18 PERSON: Any individual, firm, company, association, society, corporation, group, agent
or agency.
1.19 PLANS: Detailed design sheets with plan and profile of proposed sewer construction
shown in sufficient detail so that it can be constructed.
1.20 PREMISES: The integral property or area, including improvements thereon, to which
public sewer service is or will be provided.
1.21 PRIVATE SEWER DISPOSAL SYSTEM: Includes septic tank system, cesspool,
seepage pit, leach/drain field, or other sewer disposal system appurtenance(s).
1.22 PRONOUNS: Words used herein in the masculine gender include the feminine and
neuter, and vice versa; the singular number includes the plural, and the plural the
singular.
1.23 PUBLIC SEWER: authority wastewater collection and conveyance system owned and
operated by the District.
1.24 SECTIONS: The parts into which these rules are divided.
1.25 SERVICE CONNECTION: The tapping connection to the public sewer, the pipe
installed in the street or easement which extends from the public sewer to the property
line in the case of streets or to the easement side line in the case of easements, and the
connection to the building sewer, said connection being at the property line or easement
side line..
1.26 SEWAGE: A combination of the water carried waste from residences, businesses,
buildings, institutions, and industrial establishments, together with such ground, surface
and storm waters as may be present.
1.27 SEWER CONNECTION PERMIT: The permit issued by the District for connection to
District public sewer facilities.
1.28 SEWER MAIN EXTENSION: The additions to the public sewer required serving
property not currently connected to the public sewer.
1.29 SEWER MAINS: Public sewer pipelines which are part of the public sewer.
1.30 “SHALL”: is mandatory, “May” is permissive.
1.31 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of
Sewers in the Yorba Linda Water District.
1.32 SUSPENDED SOLIDS: Solids that either float on the surface of, or in suspension in
water, sewage, or other liquids, and which are removable by laboratory filtering.
1.33 TRUNK SEWER: A sewer main, the builder of which is eligible for reimbursements
because the cost of construction exceeded the “average” expected cost of a sewer main to
serve the property due to a larger diameter, greater depth or special routing, etc., is
required by the District to meet the public sewer Master Plan.
1.34 UNDERGROUND SERVICE ALERT: “USA” is an information center that notifies its
members of impending excavation at or near their underground installations. California
law makes it mandatory for all those who plan to do any digging or excavating to inform
a regional notification center such as USA at least two days in advance. USA can be
contacted at 1-800-422-4133.
SECTION 2: POLICY ON PUBLIC SEWERS
2.1 All residences and all other developments within the District boundaries shall connect to
public sewers, as noted in Section 2 of this document.
2.2 It shall be deemed adverse to the public good for any person to place, deposit, or permit
to be deposited in any unsanitary manner on any public or private property within the
District or any area under the jurisdiction of the District, any human or animal excrement,
hazardous material, garbage, or other objectionable wastes.
2.3 Except as hereinafter provided in Section 3 hereof, it shall be deemed adverse to the
public good to construct or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage.
2.4 The owner of all houses, buildings, or property used for human occupancy, employment,
recreation, or other purposes, situated within the District and abutting on any street, alley,
or right of way in which there is now located or may in the future be located a public
sewer operated by the District, shall install suitable toilet facilities therein, and to connect
such facilities directly to the public sewer pursuant with the intent of the District’s sewer
master plan and according to the provisions of these Rules and Regulations.
2.5 All applicants for public sewer service shall also comply with the Rules and Regulations
of the Yorba Linda Water District with regard to the rendition of water service.
2.6 No unauthorized person shall uncover, make any connections to, or opening into, use,
alter, or disturb any sewer mains or service connection pipeline without first obtaining an
approved “Sewer Connection Permit” from the District.
2.7 The District may, from time to time, contract to provide for sewer services. Except as
provided for in any adopted contract these Rules and Regulations shall apply.
2.8 Sewer service shall be provided in accordance with Resolution No. 06-04.
2.9 Customers shall install sewer improvements in accordance with the latest version of
following District documents and in accordance with all laws, ordinances, rules and
regulations pertaining to the conduct of the work:
1. Standard Specifications and Drawings for Construction of Domestic Water and Sewer
Facilities
2. Application to and Agreement with the Yorba Linda Water District for Sewer Service
3. Yorba Linda Water District Terms and Conditions for Water and Sewer Service
SECTION 3: PRIVATE SEWER DISPOSAL SYSTEMS PROHIBITED
3.1 Where a public sewer is not available under the provision of these Rules and Regulations,
a building may be connected to a private sewer disposal system complying with the rules
and regulations of the agency having jurisdiction over such disposal systems.
3.2 If a property has a septic system that was in place and operational before the construction
of a public sewer fronting that property, and if that septic system continues to operate
with no problems, that septic system may continue to serve that property until such a time
that replacement is required according to Section 3.3 hereof.
3.3 A property is required to connect to the public sewer, extended along the entire frontage
of the property (at the discretion of the District), when gravity flow to the public sewer is
possible in accordance with the specifications and such public sewer is within 200 feet -
at a distance measured from the sewer main terminus, parallel to the street or easement,
and perpendicular into private sewer disposal system or building, whatever is closer to,
when:
1. A private sewer disposal system is failing and must be rehabilitated, replaced or
altered.
2. A private sewer disposal system is determined, by the City of Yorba Linda, to have
insufficient capacity, as a result of any proposed building improvements and/or additions.
3. A property served by a private sewer disposal system is subdivided into two or more
parcels.
4. A proposed building that includes one or more bedrooms, or an existing building with
a proposed bedroom addition. Orange County Sanitation District (OCSD) Ordinance
Number OCSD-40 defines a bedroom addition as: “enclosed loft additions, bonus rooms
that may be used as offices, workout rooms, media rooms or libraries, or any other
additions, which could be potentially used as a bedroom.”
3.4 At such time as an existing approved private sewer disposal system fails, the property
shall connect to the public sewer if the public sewer is available to the property according
to these rules. The property owner shall apply for a direct connection public sewer in
compliance with these Rules and Regulations; and any septic tanks, cesspools, and
similar private sewerage disposal facilities, shall be abandoned and filled with suitable
material in accordance with the rules and regulations of the agency having jurisdiction
over such private sewerage disposal facilities.
3.5. If a private sewer disposal system fails and there is an existing public sewer (or private
lateral) within 200-feet or within their frontage, but the building pad elevation prevents
gravity flow to the public sewer (or private lateral), the owner may deliver sewage to the
public sewer by use of a private sewer pump system. The sewer pump system shall
consist of dual pumps with an alarm to notify of pump failure. The District shall have no
responsibility to operate or maintain the private sewer pump system and shall not be
liable for any damages resulting from a failure of the private sewer pumping system to
operate as intended.
SECTION 4: BUILDING SEWERS
4.1 A building sewer permit and excavation permit shall be obtained from the appropriate
public agency having jurisdiction prior to construction.
4.2 An applicant to connect to the public sewer shall be responsible for costs and expenses
incident to the installation and connection of the building sewer. Applicant shall
indemnify the District, and shall be fully responsible for all private plumbing, including
the sewer lateral, up to the District’s sewer main.
4.3 The building sewer shall conform to the requirements of the Building and Plumbing Code
of the appropriate agency having jurisdiction.
4.6 The connection of the building sewer into the public sewer shall conform to the
requirements of the Building and Plumbing Code and the District specifications. All such
connections shall be made gastight and watertight. Any deviation from the prescribed
procedures and materials must be approved by the District Engineer before the
installation.
4.7 A sewer backflow prevention valve shall be installed on all sewer service connections
where the upstream sewer manhole rim elevation is higher than the pad elevation of the
structure desiring sewer service and shall conform to the requirements of the Building
and Plumbing Code of the appropriate agency having jurisdiction.
4.8 The applicant for the building sewer permit shall notify the District when the building
sewer is ready for inspection and connection to the public sewer. Connection shall be
made under the supervision of the District Engineer or his representative.
4.9 All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, parkways,
sidewalks, and other public property disturbed in the course of the work shall be restored
in the manner satisfactory to the agency having jurisdiction.
SECTION 5: SERVICE CONNECTIONS
5.1 Application for a service connection shall be made on an approved form furnished by the
District. This application shall specify the size of service, the location and acreage of the
property to be served, and the type of service. The information supplied by the applicant
on such application shall be considered as authority and final. If any error in such
application shall cause the installation of a service connection that is improper whether in
size or location, the costs of all changes required shall be borne by the applicant.
5.2 All costs and expenses incident to the installation of the service connection shall be borne
by the applicant. Applicant shall indemnify and hold the District, its Directors, officers
and employees harmless from any loss or damage that may be directly or indirectly
occasioned by the installation of the service connection.
5.3 All sewer service connections shall be installed by a contractor licensed by the State of
California to construct sewer mains.
5.4 The service connection shall conform to the requirements of the Standard Plans and
Specifications of the District.
5.5 A sewer backflow prevention valve shall be installed on all sewer service connections
where the upstream sewer manhole rim elevation is higher than the pad elevation of the
structure desiring sewer service and shall conform to the requirements of the Building
and Plumbing Code of the appropriate agency having jurisdiction.
5.6 All service connections shall be made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by the District Engineer before the
installation.
5.7 The applicant or their contractor shall notify Underground Service Alert (USA) at least
48 hours in advance of any digging or excavating.
5.8 The applicant for the Sewer Connection Permit shall notify the District when the service
connection is ready for inspection and connection to the public sewer. Connection shall
be made under the supervision of the District Engineer or his representative.
5.9 All excavations for service connections shall be adequately guarded so as to conform to
OSHA requirements to protect the public from hazard. Streets, parkways, sidewalks, and
other public property disturbed in the course of the work shall be restored in the manner
satisfactory to the agency having jurisdiction.
5.10 When the proper application for public sewer service has been signed, a service
connection permit has been issued; the charge for public sewer service shall begin. If
water service and public sewer service are not required when the sewer service
connection is installed, the applicant must order the water service be shut off and sealed
to avoid the charge for public sewer service and when the service is required, he must
make proper application for service.
5.11 Each house or building under separate ownership must be provided with its own service
connection or connections. Two or more houses or buildings with one owner and on the
same lot or parcel of land may be supplied through one service connection or a separate
service connection may be installed for each building.
5.12 Two or more houses or buildings with one owner and on the same lot or parcel of land,
with two or more separate potable water meters, may be supplied through one service
connection or a separate service connection may be installed for each building; however,
under this scenario, the customer shall be responsible for paying the current sewer rates
for each individual house or building, pursuant to the latest adopted Sewer Development
and Customer Service Fees Resolution.
5.13 The District reserves the right to limit the number of houses, buildings, or area of land
with one owner to be supplied by one service connection.
5.14 When property provided with a service connection is subdivided, the service connection
shall be considered as belonging to the lot or parcel of land which lies closest to the
connection and the lot or parcel of land which lies farthest away from the connection will
be required to obtain a new connection in accordance with these Rules and Regulations.
5.15 A service connection shall not be used to supply adjoining property of a different owner
or to supply property of the same owner on opposite sides of a street or alley.
5.16 District approval is required prior to the installation or extension of a service connection
across or through any private property.
SECTION 6: FEES AND CHARGES
6.1 A service charge shall be imposed on a property within the District desiring to connect to
or participate in the public sewer system shall be pursuant to the latest adopted Sewer
Development and Customer Service Fees Resolution.
6.2 SERVICE CHARGE: A charge determined by multiplying area of the property
(calculated to the nearest square foot and including that portion of the property to the
centerline of all adjacent streets) by the Service Charge Rate for the particular Drainage
Area in which the property is located, pursuant to the latest adopted Sewer Development
and Customer Service Fees Resolution. The Service Charge is a fee for use of trunk, sub-
trunk, and principal lateral sewer mains.
6.3 FRONTAGE CHARGE: The frontage charge, as calculated in Section 8, shall be
applicable to property which has not paid for an existing sewer main across the frontage
of the property, or in some cases, extended to edge of their property. The frontage charge
is determined to be the highest dollar amount of the following three calculated
conditions:
6.3.1 A charge determined by multiplying the front footage of the property b y the per
linear foot Frontage Charge Rate, pursuant to the latest adopted Sewer Development and
Customer Service Fees Resolution. The front footage shall generally be based on the
length of that side of the property to which service connection is made, including the
distance to the centerline of adjacent cross streets, if any.
6.3.2 The refund amount calculated and determined by the District, for developer or
District-installed public sewer facilities, if any. The Frontage Charge Rate shall be equal
to the “final cost of installation of the street sewer main” as determined in Section 8.3.4
of these Rules and Regulations, divided by the “probable number of service connections
to the on-site lateral sewer main” as determined in Section 8.4.
6.3.3 The minimum Frontage Charge Rate, pursuant to the latest adopted Sewer
Development and Customer Service Fees Resolution.
6.4 ADMINISTRATIVE FEE: An Administrative Fee shall be imposed on a per job basis
for each application for service. The Administrative Fee shall be pursuant to the latest
adopted Sewer Development and Customer Service Fees Resolution.
6.5 PLAN CHECK FEE: A Plan Check Fee shall be imposed on a per connection basis for
each service connection identified in the application for service. The Plan Check fee shall
be pursuant to the latest adopted Sewer Development and Customer Service Fees
Resolution.
6.6 INSPECTION FEE: An Inspection Fee shall be imposed on a per connection basis for
each service connection identified in the application for service. The Inspection Fee shall
be pursuant to the latest adopted Sewer Development and Customer Service Fees
Resolution.
6.7 RECORDS AND BILLING FEE: A Records and Billing Fee shall be imposed on a per
connection basis for each service connection identified in the application for service. The
Records and Billing Fee shall be pursuant to the latest adopted Sewer Development and
Customer Service Fees Resolution.
6.8 SINGLE SERVICE FEE: A Single Service Fee shall be imposed on a service
connection, to a single lot where the sewer main already exists and where, in the
District’s judgment, it is not necessary to process an application for service. The Single
Service Fee shall be pursuant to the latest adopted Sewer Development and Customer
Service Fees Resolution.
6.9 GIS DATA CONVERSION FEE: A GIS Data Conversion Fee shall be imposed for
each individual job, for each application and shall be pursuant to the latest adopted Water
Development and Customer Service Fees Resolution.
6.10 SEWER METERS: Under special circumstances, at the discretion of the District, sewer
effluent may be metered and the applicant for such public sewer service shall pay to the
District the cost of the installation and the cost of such metering device as may be
required by the District. All such metering devices shall be read monthly and the
customer shall be billed monthly for the public sewer service at the effluent discharge
rate pursuant to the latest adopted Sewer Development and Customer Service Fees
Resolution. Any applicant for such public sewer service, in lieu of compliance with
requirements of an effluent metering device as provided in Section 6.10, may elect to pay
for such public sewer service at the effluent discharge rate as applied to the quantity of
water measured by the water meter provided for such property to be billed at the time of
billing by the District for such water service, pursuant to the latest adopted Sewer
Development and Customer Service Fees Resolution.
6.11 MONTHLY SEWER MAINTENANCE CHARGE: All residential single family
homes, residential multiple unit dwellings and commercial/industrial customers shall pay
a monthly sewer maintenance charge pursuant to the latest adopted Resolution Setting
Sewer Rates. A Maintenance Charge shall be affixed against all water service
connections within the District’s boundary that are also connected to the District sewer
system. The charge affixed shall be collected as a part of the water bill for those
customers that receive water service from the District. For customers that are connected
to the District sewer system and do not receive water service from the District, the sewer
maintenance charge will be collected by billing on the County property tax bill for the
property receiving sewer service. For all customers, the rate shall be pursuant to the latest
adopted Sewer Maintenance Charge Resolution.
6.12 FEES, CHARGES AND EASEMENTS: Prior to the General Manager, or designee
assigned by the General Manager, signing the Improvement Plans or approving an
application for sewer service, the applicant shall dedicate all easements deemed necessary
by the District and pay to the District all fees in the amount set forth herein. Non-District
improvements (permanent, temporary or mobile) are not permitted within easement area,
for all other sewer customers in this category who use water meter reading, the rate shall
be pursuant to the latest adopted Sewer Maintenance Charge Resolution.
SECTION 7: SEWER MAIN EXTENSION APPLICATION POLICY
7.1 Any applicant, who as owner or sub-divider of a single lot, subdivision, or tract of land,
shall construct sanitary sewer facilities, to such lot, subdivision or tract of land, in
accordance with these Rules and Regulations and the latest adopted District’s Sewer
Master Plan and, shall file a written application with District.
7.2 An individual may file an application, or two or more persons may join in an application
for the extension of public sewer mains.
7.3 The application shall include, in addition to the information required in Section 5.1, the
proposed or desired location of public sewer mains and other pertinent engineering data
so as to enable the District to determine the conformance of the proposed public sewer
main extension with the Standard Plans and Specifications of the District.
7.4 All extensions of public sewer mains shall require Terms and Conditions approved by the
Board of Directors, and plans and specifications approved by the General Manager and
the District Engineer.
7.5 If and when said applicant has complied with all requirements of the District, including
the payment of all fees required in Section 6 and the posting of a Guarantee Bond, and
such other provisions of the subdivision ordinance or ordinances dealing with public
improvements as may be applicable, the District shall approve construction of the sewer
main extension.
7.6 The applicant for the sewer main extension shall notify the District at least two working
days prior to the start of construction of the sewer main extension. Construction shall be
done under the inspection of the District Engineer or his representative.
7.7 It is the District policy not to make a direct frontage charge against any property owner or
owners for easements which have previously been acquired by or for the benefit of the
District from said property owner or owners for extension of the District’s facilities.
7.8 Refer to Section 5 for additional conditions.
SECTION 8: FRONTAGE CHARGE DETERMINATION
8.1 All property within the District for which application is made for public sewer service
from a street sewer main, which main can provide public sewer service to property in
addition to the property described in the application for such public sewer service shall
pay an Administration Fee, Records and Billing Fee, Plan Check Fee, Inspection Fee and
service charges as identified in Section 6, pursuant to the Sewer Development and
Processing Fees Resolution.
8.2 FRONTAGE CHARGE: A charge equal to the “final cost of installation of the on-site
lateral sewer main” as determined in Section 8.3.4 of these Rules and Regulations,
divided by the “probable number of service connections to the on-site lateral sewer main”
as determined in Section 8.4, but not less than the Frontage Charge as described in
Section 6, pursuant to the Sewer Development and Processing Fees Resolution.
8.3 All applicants who desire public sewer service to property within the District or who
must construct, at the expense of the applicant, on-site lateral sewer mains which can
provide public sewer service to property in addition to that property described in the
application for public sewer service to such property, shall enter into an agreement with
the District which provides as follows:
8.3.1 That applicant shall have installed, in accordance with these Rules and
Regulations, and Standard Plans and Specifications of the District, those public sewer
facilities required to provide service to the property described in such application.
8.3.2 That the cost of said installation shall be paid by the applicant, and shall include
the cost of engineering, the sewer contractor’s invoice cost, the land acquisition and legal
cost, and the plan check and inspection charges paid by applicant in connection with said
installation.
8.3.3 That the applicant shall report such cost of said installation to the District in a
form approved by the District and all items of such cost of installation thus reported shall
be supported by invoices or statements verified to the satisfaction of the District.
8.3.4 That the “final cost of installation of the street sewer main” shall be the cost of
said installation as verified by the District plus an allowance for the overhead of the
applicant as determined by the Board of Directors of the District, but not to exceed 15%
of the cost of said construction.
8.3.5 That the applicant shall transfer title of said public sewer facilities to the District
in accordance with these Rules and Regulations.
8.4 In the event the cost of said installation exceeds the Frontage Charge, said excess amount
shall be subject to a refund contract between the District and the applicant. The refund
contract shall provide as follows:
8.4.1 That the District shall collect Frontage Charges from all properties later
connecting to on-site lateral sewer main, and said frontage charges shall be paid to those
parties entitled to refunds pursuant to these Rules and Regulations.
8.4.2 That such refunds shall be paid from the frontage charges collected by the District
without interest; and that if the District fails to charge and collect said sums, the District
shall make such refunds from other District funds.
8.4.3 That the District shall calculate and determine the amount of such refund as
follows:
1. The District shall determine the probable number of service connections which will be
made to the on-site lateral sewer main. This number shall not include those connections
which, though possible, are doubtful at the time of application.
2. In the event the actual number of service connections to said on-site lateral sewer main
exceeds such probable number of service connections to said on-site lateral sewer main,
the frontage charge shall be determined by the following formula: F=T/N. Where F is the
Frontage Charge; T is the final cost of installation; N is the actual number of service
connections including the connection for which the frontage charge is to be determined.
3. All sums collected with respect to a particular on-site lateral sewer main shall be paid
only to the applicant who was required to construct said on-site lateral sewer main until
such time as all of such refunds to which said applicant is entitled hereunder have been
paid.
4. All right to such refunds and all duty of the District to collect such frontage charges
with which to pay such refunds hereunder shall terminate on the date thirty (30) years
after the date on which the application for service is dated.
8.4.4 In the event the actual number of service connections to said on-site lateral sewer
main exceeds the probable number of service connections to said on-site lateral sewer
main refunds shall be made as follows:
8.4.4.1 The amount of refund shall be determined in accordance with the following
formula: R = F/(N-1). Where R is the amount of the refund per connection; F is the
Frontage Charge; N is the actual number of service connections including the connection
for which the frontage charge was collected.
8.4.4.2 Such refund shall be made to the applicant who had installed the on-site lateral
sewer main for the property owned at the time of installation and refund shall be made to
the owner of the real property at the time of refund for any other real property which
obtained public sewer service from said on-site lateral sewer main after the time of
installation.
8.4.4.3 The term “on-site lateral sewer main”, as used in these Rules and Regulations of
the District shall mean a sewer main that has not been established by the District as a
trunk sewer, sub-trunk sewer, or principal lateral sewer main.
SECTION 9: SEWER ASSESSMENT DISTRICT
9.1 The District recognizes that there are certain areas within the District that, because of
location, topography or size of parcels, have been unable to take advantage of public
sewers as has the majority of the District and have therefore remained undeveloped and
have not contributed proportionately to the financial growth and strength of the District.
The District will examine these cases at the request of the proponents and make findings
as to whether or not the District chooses to participate in financing construction of trunk
sewer facilities. If, in the Board of Directors opinion, it is advantageous for the District to
participate financially in trunk construction the Board may, at its discretion, choose to do
so in accordance with Section 9 of these Rules and Regulations.
9.2 A preliminary feasibility report shall be prepared for areas capable of public sewer
service from a common line whose proponents desire to have the District participate in
the financing. If the area requesting participation is at least 15 acres or larger, whether
contiguous or not, proponents shall prepare the preliminary study, or may request the
General Manger to prepare such preliminary report. If the area is less than 15 acres,
whether contiguous or not, the proponents may request the General Manager to undertake
a preliminary study and if the Board determines that the proposal has sufficient merit it
may authorize the General Manager to cause such study to be prepared.
9.3 Upon the receipt of a preliminary report, the Board shall appropriately notify the
proponents and permit them an opportunity to comment thereon. The Board may
thereafter approve and adopt said preliminary report and authorize the District’s financial
participation in the project upon the following general conditions:
9.3.1 That the District will be the contracting agency for approval of the plans and
specifications, advertising for bids, receipt of bids, award of contract, supervision of
contract, construction inspection and final acceptance.
9.3.2 That all funds to be contributed by any participants, other than District, shall be
deposited with the District in full prior to award of any construction contract. The Board
will require payment of all fees for Plan Check and Inspection.
9.3.3 That all refund monies to which the project might be entitled, by priority or
otherwise, are irrevocably assigned to the District until the District has been refunded in
full for all its monies advanced or charges owed by said project. Thereafter, any refund
monies shall be paid to those entitled thereto pursuant to these Rules and Regulations.
9.3.4 In addition to a charge of five per cent (5%) of the total project cost for overhead
and office work, the project shall pay to the District an interest charge on the District’s
contributions to the project equal to the cost of such money, or equivalent money, to the
District. There shall also be collected a pro-rated sum for the cost of any general
engineering, aerial survey, mapping, or other work which the District may have done to
assist the promotion of this project.
9.3.5 That the proponents will contribute a sum per acre pursuant to the Sewer
Development and Processing Fees Resolution, for each acre of property they are
including within the project for offsite public sewer trunk improvements. The District’s
participation shall not exceed fifty per cent (50%) of the total project cost without a
specific finding by the Board as to the general benefit to the District of such higher
participation.
9.4 Upon the approval and adoption of a project, the Board may undertake its completion as
called for in a contract or contracts entered into for such purpose. The General Manager
is hereby directed upon such approval, to notify all other property owners, as they appear
on the last equalized assessment roll, potentially benefiting by such project, of its
adoption and inviting them to participate. No delay in the accomplishment of a project is
contemplated by late participants.
SECTION 10: DISCHARGE OF CERTAIN MATERIALS INTO PUBLIC SEWER
PROHIBITED
10.1 Discharge into public sewer shall be in accordance with the latest adopted Ordinance of
the Board of Directors of Orange County Sanitation District Establishing Wastewater
Discharge Regulations.
10.2 Fats, Oils and Grease Control regulation shall be in accordance with the latest adopted
District Ordinance for Fats, Oils and Grease Control Regulations, as applicable to food
service establishments.
10.3 The customer is responsible for maintaining and repairing, at their own expense, the
entire connection line from the building or proposed building to the main line in the
street. If sewer leakage actually, or potentially, creates a public health hazard, and the
customer does not pursue repairs, the District, at its discretion, may repair or have
repaired the customer’s portion of the connection line; the District will, in turn, bill the
responsible party or agent for the property of said connection line for the cost of the
repair, maintenance or cleaning plus 20% of the invoice amount for administrative staff
time, oversight of the repair, maintenance or cleaning work and staff time to process
billing to the customer.
SECTION 11: PROTECTION FROM DAMAGE
11.1 No unauthorized person shall maliciously, willfully, or negligently remove, change,
disturb, break, damage, destroy, uncover, deface, or in any way tamper, or interfere with
any facility, apparatus, appliance, property, structure, appurtenance, or equipment which
is used or maintained as a part of the sewerage works. Any person violating this provision
shall be subject to arrest and prosecution.
SECTION 12: POWERS AND AUTHORITY OF INSPECTORS
12.1 The General Manager and other duly authorized employees of the District, bearing proper
credentials and identification, shall enter premises for the purposes of inspection,
observations, measurement, sampling and testing in accordance with the provisions of
these Rules and Regulations, provided that the property owner, or their designated
representative, provides an invitation to enter premises.
12.2 The General Manager and other duly authorized employees of the District, bearing proper
credentials and identification, shall be permitted to enter all private properties through
which the District holds a duly negotiated easement for the purposes of, but not limited
to, inspection, observation, measurement, sampling repair and maintenance of any
portion of the sewerage works lying within said easement shall be done in full accordance
with the terms of the duly negotiated easement pertaining to the private property
involved.
12.3 An official District issued identification card shall be carried by all District employees,
and shall be available upon request of property owner or their designated representative,
if District employee is required to enter private premises.
SECTION 13: VIOLATIONS
13.1 Any person found to be violating any provision of these Rules and Regulations shall be
served by the District with written notice stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
13.2 Any person who shall continue any violation beyond the time limit provided for shall
have their water service subject to discontinuance. Reinstatement of water service shall
be made only on correction of the violation and payment of all applicable fees.
13.3 Any person violating any of the provisions of these Rules shall become liable to the
District for any expense, loss, or damage occasioned by the District by reason of such
violation.
SECTION 14: VALIDITY
14.1 The invalidity of any section, sentence, clause or provision of these rules shall not affect
the validity of any other part of these rules which can be given effect without such invalid
part.