Loading...
HomeMy WebLinkAboutMINUTES - 12021986 - 2.3 -• .. -003 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL 'WALFORD, PUBLIC WORKS DIRECTOR DATE: December 2, 1986 SUBJECT: ENFORCEMENT OF SANITATION DISTRICT NO. 15 ORDINANCE NO. 8 Specific Requests or Recommendations b Background 6 Justification RECOMMENDATION The Board of Supervisors acting as the Board of Directors of Contra Costa County Sanitation District No. 15 direct the Engineer Ex Officio and the County Counsel to proceed with a process that meets the State Law requirements for "due process" in the enforcement of Sanitation District No. 15 Ordinance No. 8. FINANCIAL IMPACT There will be no impact on County funds. The impact on District No. 15 funds is dependent upon the success of the enforcement program. REASONS FOR RECOMMENDATION/BACKGROUND This is in answer to Board Order dated October 7, 1986, referring a letter dated September 21, 1986 from CAC, to staff for a response. The letter requested an increased effort in the enforcement of District No. 15 Ordinance No. 8. This Ordinance and its lack of exemption options has become a controversial issue and enforcement may be challenged in the courts. On December 14, 1973 the California Regional Water Quality Control Board, Central Valley Region, issued Order No. 74-125 that prohibited the use of leaching or percolation systems in Sanitation District No. 15 after July 1, 1977. While the sewage collection system was being constructed during 1979 it was recognized that to connect to the system some property owners would have to install an extensive length of sewer line. A verbal agreement was reached between the Regional Water Quality Control Board staff, Sanitation District staff and the County Health Services staff allowing District No. 15 not to require a property owner to connect when the habitable structure was more than 150 feet from the sewer collection system, providing the property owners sewage disposal system was not posing a health hazard. District Ordinance No. 1, adopted on April 3, 1979, provided an exemption from connection when the building was more than '150 feet from the sewer system. This exemption permitted the largest marina and several ranches in the District to avoid connection. From 1980 through 1983 the District placed an emphasis on requiring those parcels that had habitable structures within 150 feet of the sewer to connect. But, during 1983 pressure developed from certain individuals and groups in the District to require everyone, regardless of cost, to connect to the system. As a result of that pressure the Citizens Advisory Committee recommended and the Board adopted, on February 28, 1984, District Ordinance No. 8 which removed the 150 foot exemption. Continued on attachment: X yes Signature• / -vel _ Recommendation of County Administrator Arecommendation ofEfoard Committee Approve Other: Signature(s): Action of Board on: a 1?k4� Approved as Recommended ,� Other_ Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent ) AND ENTERED. ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: a /y� Attested o Orig. Div.: Public Works (ES) PHIL BATCHELOR, CLERK OF cc: County Administrator BOARD AND OF SUPERVISORS Health Services Department COUNTY ADMINISTRATOR Clerk of the Board - D. Heisch-Ref' 1 CAC By DEPUTY BO:2.t12 h , ' Page 2 December 2, 1986 Ideally, the Citizens Advisory Committee would like to have all the parcels in the District with habitable structures connected to the sewer system. But from a practical viewpoint it is difficult to expect properties with structures located far from the sewer line to expend the amount necessary to hook up. Some of the owners of non-connected parcels have indicated that they should not have to abandon their present sewage disposal system, and that they will challenge the enforcement in the courts. However, pressure again is being applied to enforce Ordinance 8 which does not grant exemptions from hooking up. By letter, dated September 21, 1986, Mr. Richard Cornfield, Chairman of the Citizens Advisory Committee, requested permission from the Board of Supervisors to send a letter to the non connected property owners informing them that under the present ordinance they are required to connect to the system. However, this procedure would not meet the "due process" requirements of the State Codes. Therefore, it is recommended that an enforcement program be implemented which would follow the "due process" requirements and include all unconnected properties in the District that have habitable structures located on them. The "due process" requirements are: 1. Adopt a resolution setting a public hearing to determine whether to prohibit the use of cesspools or other local means of sewage disposal within the District; whether to declare the use of such local means of sewage disposal a nuisance; whether to order such properties to be connected to the District ' s system; and whether to authorize the District to connect the offending properties if connection to the District' s system is not made by the owners. 2. Notify by mail all owners of property affected by the Board' s action. 3. Conduct the hearing and provide an opportunity to all affected property owners, and/or interested persons to be heard, and adopt a resolution requiring connection to the sewer system. 4. Notify each affected property owner of the action and order connection to the system within 90 days. Authorize the District to make the connection if not made by the property owner within the 90 day period and place a lien on said property for all costs involved.