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HomeMy WebLinkAbout2017-05-09 - Resolution No. 17-14 RESOLUTION NO. 17-14 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING THE RULES AND REGULATIONS FOR SEWER SERVICE AND RESCINDING RESOLUTION NO. 16-16 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. 16-16; 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 That Resolution No. 16-16 is hereby rescinded and this resolution shall take effect immediately. PASSED AND ADOPTED this 9th day of May 2017 by the following called vote: AYES: Directors Hall, Hawkins, Jones, Miller and Nederhood NOES: None ABSTAIN: None ABSENT: None J. Wayne Miller, Ph.D., President Yorba Linda Water District ATTEST: � < Marc Marca tonin, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gage; , Esq. Kidman Law LL Resolution No. 17-14 Adopting the Rules and Regulations for Sewer Service 1 RULES AND REGULATIONS FOR SEWER SERVICE May 2017 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. A sewer chimney shall be part of the service connection, and shall be the homeowner’s responsibility to maintain. 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 SEWER LATERAL STUB-OUT: A small privately maintained sewer line that connects to the District’s public sewer and extends to the public right-of-way, in accordance with District standards. 1.31 “SHALL”: is mandatory, “May” is permissive. 1.32 SPECIFICATIONS: The Standard Plans and Specifications for the Construction of Sewers in the Yorba Linda Water District. 1.33 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. 1.34 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. 1.35 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, 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. Proposed building improvements that include 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 If the property falls within the conditions listed in Section 3.3, the property shall connect to either the existing sewer main fronting the property or connect to a new sewer main extension constructed along the entire frontage of the property. Exceptions to constructing a new sewer main line extended along the entire frontage of the property are listed in Section 3.5. 3.5 Exceptions to constructing a new sewer main line extended along the entire frontage: 1. 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. 2. When a property is at the end of an existing sewer main or a future sewer main line extension, with no possibility of extension beyond this property (examples include properties at the end of a terminal cul-de-sac, where it is not feasible to extend the sewer main) the customer may connect to the end of the sewer main line at the remote property boundary. 3. When the sewer master plan and current topography dictates that a future sewer main line extension is not feasible, the customer may connect to the end of the sewerline at the remote property boundary. 3.6 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 havin g jurisdiction over such private sewerage disposal facilities. 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 by 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 The engineering design and construction of the public sewer main extension shall include sewer lateral stub-outs for neighboring properties fronting the extension. 7.6 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. 7.7 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. 7.8 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. 7.9 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 b y 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.