HomeMy WebLinkAboutMINUTES - 05061997 - C24B TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MAY 6, 1997
SUBJECT: ACKNOWLEDGE FILING OF THE COUNTY SANITATION DISTRICT NO. 6 PRELIMINARY
ENGINEER'S REPORT, INTRODUCE ORDINANCE NO. 5, AND SET HEARING DATE FOR
APPROVAL OF ANNUAL SEWER SERVICE CHARGES, MARTINEZ AREA. Project No.:
7363-6X9E30
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
That the Board of Supervisors of Contra Costa County:
1. ACKNOWLEDGE filing of Preliminary Engineer's Report and INTRODUCE
Ordinance No. 5.
2. SET May 20, 1997, at 3:00 p.m. in the Board of Supervisors' Chambers, 651 Pine Street,
Martinez, California, as the time and place for a public hearing to consider oral and written
objections or comments concerning establishing the annual sewer service charges for
Sanitation District No. 6.
3. DIRECT the Clerk of the Board to publish a Notice of Filing of the Preliminary Engineer's
Report and Setting of Public Hearing thereon in accordance with Government Code
Section 6066.
4. DIRECT that the County shall make immediately available to the public at the office of the
Clerk of the Board and the Public Works Department a copy of the preliminary engineer's
report and Ordinance No. 5.
ll. Financial Impact:
The above actions have no impact on County finances. Services to Sanitation District No. 6 are
funded entirely by the annual sewer service charges.
X ! l '
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON-ft�AA APPROVED AS RECOMMENDED V OTHER
fJ l
V07OF SUPERVISORS
,/ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE/JR
g:\EngSvc\SpDist\BO\SD6.t56
Contact: Skip Epperly,(510)313-2253
Orig.Div: Public Works(Special Districts)
cc: County Counsel 1 hereby car*that this Is a true and correcttom+of
Auditor-Controller an action taken and entered on the minutes o1-the
PW Accounting
Board of Supervisor on the d to sh
Sanitation District No.6 ATTESTED:PHIL BATCHE Ge of the bo rd
of Supervisors and County Administrator
Do"
III. Reasons for Recommendations and Background:
The Public Works Director has filed with the Clerk of the Board a Preliminary Engineer's Report
containing a description of each parcel of real property receiving sewer services in Sanitation
District 6 and the proposed amount of charge for each parcel for Fiscal Year 1997-98.
IV. Consequences of Negative Action:
The County would be unable to have the Fiscal Year 1997-98 sewer service fees collected by the
County Tax Collector, and would have to use an alternate method to collect the services fees.
i 1
ORDINANCE NO. 5
BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,
AS AND CONSTITUTING
THE BOARD OF DIRECTORS
OF
CONTRA COSTA COUNTY SANITATION DISTRICT NO. 6
AN ORDINANCE PRESCRIBING THE ANNUAL SEWERAGE SERVICE
CHARGES FOR FISCAL YEAR 1997-98 AND SUBSEQUENT FISCAL
YEARS IN CONTRA COSTA COUNTY SANITATION DISTRICT NO. 6
The Board of Supervisors of Contra Costa County, as and constituting the Board of Directors of
Contra Costa County Sanitation District No. 6, ordains as follows:
SECTION 1. ANNUAL UNIT CHARGE FOR FISCAL YEAR 1997-98. For fiscal year
1997-98, the "annual unit charge" referred to in Section 11 of Ordinance No. 4 is prescribed at
$750.70.
SECTION 2. ANNUAL UNIT CHARGE FOR SUBSEQUENT FISCAL YEARS. For each
subsequent fiscal year, the "annual unit charge" referred to in Section 11 of Ordinance No. 4 is
prescribed at a maximum rate of$750.70, which maximum rate shall remain in effect uJitil this
Ordinance is repealed or modified. Notwithstanding this maximum rate, the Board may determine,
pursuant to Section 5473.3 of the Health and Safety Code, that a lesser charge is appropriate for a
particular fiscal year, but such determination shall apply to that fiscal year only and shall not affect
the maximum rate for future fiscal years.
SECTION 3. COLLECTION ON TAX ROLL. Pursuant to Section 5473 of the Health and
Safety Code,the District hereby elects to have the annual sewerage service charges collected on the
tax roll in the same manner, and by the same persons, and at the same time as, together with and not
separately from, the District's general taxes. This election shall apply to fiscal year 1997-98 and each
subsequent fiscal year until such time as this Ordinance is repealed or a change is made in the
maximum rate specified in Section 2 of this Ordinance.
SECTION 4. EFFECTIVE DATE. This Ordinance becomes effective 30 days after passage
and,within 15 days after passage, shall be published once with the names of Supervisors voting for
and against it in the Contra Costa Times, a newspaper published in the county.
PASSED on , by the following votes:
AYES:
NOES:
ABSENT:
BOARD CHAIR
ATTEST: PHIL BATCHELOR
Clerk of the Board and
County Administrator
BY:
Deputy
SE:JR:cs
g:\EngSvc\SpDist\SD6 Ord.t4
May 5,1997
CONTRA COSTA COUNTY
SANITATION DISTRICT NO. 6
PRELIMINARY ENGINEER'S REPORT
FOR
FISCAL YEAR 1997/98
1
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Board of Supervisors
Jim Rogers, District 1
Gail B. Uilkema, District 2
Donna Gerber, District 3
Mark DeSaulnier, District 4
Joseph Canciamilla, District 5
Prepared by
Contra Costa County
Public Works Department
CONTRA COSTA COUNTY
SANITATION DISTRICT NO. 6
WRITTEN DEPORT ON
SEWER.SERVICE CHARGES
FOR FISCAL YEAR 1997-98
This report contains a description of each parcel of real property receiving sewer
service from the District, the amount of the charge for each parcel for Fiscal Year
1997-98, computed in conformity with the charges prescribed under District
-Ordinances and the budget report.
Upon adoption of this report by the Board of Supervisors, the charges contained herein
will be collected on.a tax roll of Contra Costa County in the same manner, by the same
persons, at the same time as, and together with, the County's general taxes.
g:Eng Svc\SpDist\SD6pRpt.t4
April 28,1997
Contra Costa County
Sanitation District No. 6
Assessment Roll
Fiscal Year 1997/98
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SANITATION DISTRICT #6
BUDGET REPORT
FOR
FISCAL YEAR 1997/98
Revenue
Annual Use Charge $35,283
Interest Earnings $ 2,000
Carry-Over Prior Year $71.815
TOTAL REVENUE $109,098
Expenditures
Operation and Maintenance
Utilities $ 4,500
Professional/Specialized Services .$35,000
Taxes and Assessments $ 300
Contingency/Reserve $69,298
TOTAL EXPENDITURES $109,098
>R:c,
9:�vc/s�,n6.t4
(�i1 1997)
1
ORDINANCE NO. 4
BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS AND
CONSTITUTING THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY
SANITATION DISTRICT NO, 6.
AN ORDINANCE PROVIDING FEES, RATES AND CHARGES FOR CONNECTIONS TO
AND FOR FACILITIES AND SERVICES FURNISHED BY THE SEWERAGE SERVICE
SYSTEM OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 6; SETTING
FORTH AND PROVIDING RULES AND REGULATIONS FOR SEWERAGE SERVICE
AND CONNECTIONS; PROVIDING FOR MEANS OF COLLECTION OF FEES AND
CHARGES AND FOR PENALTIES AND. ENFORCEMENT MEASURES IN CASE OF
NONPAYMENT OF CHARGES OR FOR CERTAIN VIOLATIONS; PROVIDING FOR
APPEALS IN CERTAIN CIRCUMSTANCES, FOR DISPOSITION OF REVENUES
RECEIVED AND FOR USES TO WHICH SUCH REVENUES SHALL BE APPLIED; AND
PROVIDING FOR EFFECTIVE DATE OF THIS ORDINANCE AND OF CHARGES
HEREUNDER,
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, as and. constituting the
Board of Directors of Contra Costa County Sanitation District No. 6 DOES ORDAIN AS
FOLLOWS:
Section 1. Repeal of Resolutions
1.1 All Resolutions heretofore adopted by the Board, or any action by, the
Engineer in conflict or inconsistent with any provisions of this Ordinance, are hereby
repealed and rescinded.
Sp,ct'lon 2. Definitions
.� 2.1 Terms and Definitions. The following terms when used in this Ordinance
shall have the following respective meanings:
a. "Auditor-Controller"shall meantbe County Auditor-Controller of Contra
Costa County.
b. "Board" shall mean the Board of Directors of the District.
C. "BOD" (denoting Biochemical Oxygen Demand) shall mean the
quantity of oxygen required in the biological oxidation of organic matter under standard
laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter.
d. "Clerk" shall mean Clerk of the Board.
e. "District" shall mean Contra Costa County Sanitation District No. 6
f. "Domestic Sewage" shall mean the water-borne waste derived from
the ordinary living processes, and of such character as to permit satisfactory disposal
without special treatment by the system.
1
g. "Domestic Sewerage Service" shall mean the furnishing of sewerage
service to the premises of any owner from which domestic sewage originates.
h. "Engineer" shall mean the Public Works Director of Contra Costa
County, as Engineer ex officio of the District, or his designated deputy, or any other person
designated by the Board to perform the services or make the determinations permitted or
required under this Ordinance to be made by the Engineer.
L "Family"shall mean any one or more person using family dwelling unit.
t
t
j: "Installer" shall mean a person, firm, corporation, or other legal entity
or taxing agency, including the District, who installs or causes to be installed a public sewer
which will connect to the District's sewerage service system.
k. "Main extension"or"sewer extension"shall mean the extension of any
trunk sewer or main sewer, exclusive of side sewers and service connections.
I. "Main Sewer" shall mean a public sewer which has been or is being
constructed to accommodate more than one side sewer.
.m. "Occupant" shall mean any person actually occupying any premises,
whether as owner or tenant or under contract or otherwise.
n. "Owner" or "owner of record" shall mean the person shown as the
owner on the most current assessment roil of Contra Costa County, or the person owning
a building located on land owned by another person.
o. "pH" shall mean the logarithm of the reciprocal of the hydrogen ion
concentration.
P. "Person" shall mean any human being, individual, firm, company,
partnership, association, and private, public or municipal corporation, the United States of
America, the State of California, districts, and all political subdivisions and governmental
agencies thereof.
q. "Premises" shall mean any lot, or any piece or parcel of land
comprising one or more lots of record in one ownership, or any building or other structure,
or any part of any building or structure used or useful for human habitation or gathering or
for carrying on a business or occupation.
r. "Residential Owner" shall mean any owner who is not a commercial
owner or institutional owner.
S. "Sanitary Disposal Station" shall mean any facility which receives, or
is designed to receive, domestic sewage which has been stored prior to discharge to the
facility.
t. "Sewage" shall mean domestic sewage.
2
U. "Sewerage Service" shall mean the services and facilities furnished
or available to premises by the District's sewerage service system for the collection,
treatment, and disposal of sewage.
V. "Sewerage Service System" shall mean the sewage collection and
disposal system together with all extensions, additions, or improvements thereto at any
time heretofore or hereafter made, including all trunk and main sewers within or without the
boundaries of the District and appurtenant to said sewage disposal system, and any pump
stations, sewage treatment facilities, and appurtenances serving or used by the District,
hereinafter referred to as "System."
W. "Side Sewer" shall mean a privately owned and maintained sewer
which connects the plumbing system of any house or other building to a main sewer,
including any holding tanks, pumping units, and force systems. The side sewer begins at
the point of connection to the main sewer (including that branch of the wye by which
connection is made, or saddle, or other means of connection) and for houses and other
buildings terminates at the point of connection to the plumbing system, and shall not be
considered as part of the "sewerage service system" as defined above.
x "Single-Family Dwelling Unit" hereinafter referred to as "unit", shall
mean any dwelling of one or more rooms or each group of rooms In any single or multiple
dwelling structure constituting a dwelling unit suitable for residential occupancy by any
number of persons living together as a single family, said dwelling having one or more
plumbing fixtures.
I
y. "Standard Specifications" shall mean the Central Contra Costa
Sanitary District Standard Specifications and Addenda, latest edition, and subsequent
revisions and amendments, and are by this reference incorporated herein as though fully
set forth.
Z. "Street" shall mean any public highway, road, street, avenue, alley,
way, easement, or right of way in the District.
aa. "Suspended Solids" shall mean solids that either float on the surface
of, or are in suspension in, water sewage, or other liquids, and which are removable by
laboratory filtering.
bb. "Tax Collector" shall mean the County Tax Collector of Contra Costa
County.
Co. "Treasurer"shall mean the County Treasurer of Contra Costa County.
dd. "Trunk Sewer" shall mean a public sewer which has been or is being
constructed to accommodate more than one main sewer.
3
sSection 3. Use of Public Sewers Required
Q
3.1 Disposal of Wastes. No person shall place, deposit, permit to be'deposited,
or maintain in any unsanitary manner on public or private property within the District, or in
any area under the jurisdiction of said District any human or animal excrement or other
objectionable waste.
3.2 Violation Unlawful. No person shall connect to, construct, install, provide,
maintain or use any privy, privy vault, septic tank, cesspool, or any other means of sewage
disposal from any building in said District except by connection to a,public sewer in the
manner as provided in this Ordinance.
Section 4: Side Sewers and Connections
4.1. Permit Required. No person shall uncover, make any connections with.or
opening into, use, alter or'disturb any main sewer or appurtenance thereof without first
obtaining a written permit from the District and paying all fees and connection charges of
the District.
4.2 Contractor's Registration. Except as provided in Paragraph 4.3 hereof, no
person who has not complied with the State Contractor's License Law(Sections 7000-7145
of the Business and Professions Code) shall install or construct any District sanitary sewer
or make connections to any District sanitary sewer in a public street or easement in the
District. All contractors must register with the Engineer prior to commencing or carrying out
any such work within the District.
4.3 Contractor's Registration Exception. The provisions of Paragraph 4.2 shall
not apply to work done solely on private property, provided that such work is subject to
inspection by the District for workmanship and possible entrance of foreign material.
4.4 All Costs Paid by Owner. All costs and expenses incident to the replacement
installation and connection of the side sewer shall be borne by the owner. The acceptance
of any permit shall constitute agreement to comply with all the provisions, terms and
requirements of this and other ordinances, rules ah-d--regulations of the District and other
public entities having jurisdiction, and with any plans and specifications filed with the
District.
4.5 Separate Sewers. The owner shall provide a separate and independent side
sewer for every building, except where one building stands at the rear of another on an
interior lot, both of which belong to the same owner, and no main sewer is available or can
be constructed to the rear building through an adjoining alley, court, yard or driveway. The
side sewer from the front building may be extended to the rear building and the whole
considered as one side sewer during the period of such ownership. Upon subsequent sale
or other division of said ownership, the building not directly connected with a main sewer
shall be separately connected with a side sewer, and it shall be unlawful for the owner
thereof to continue to use or maintain such indirect connection.
4
i
4.6 Sewage Backflow Protective Devices
A. Due to the topographical characteristics of certain areas within the
District, there exists the danger of damage to health and property resulting from the
possibility of sewage overflow and back-flooding on public and private.property. It is the
purpose of this Ordinance to protect the health and safety of the residents of the District
and to minimize the possibility of damage to property by requiring, where topographical
conditions warrant it, the installation and maintenance of an approved sewage backflow
`protective device.
B. Where the surface elevation of the nearest upstream public sewer
structure capable of overflow and relief of pressure (i.e., manhole, pressure relief, flushing
inlet or rodding inlet structure) is higher than the elevation of the lowest floor containing
gravity waste drainage plumbing of any structure connected, or to be connected, to the
District's sewerage system, the owner, at his sole cost and expense, shall install and keep
in operable condition at all times a sewage backflow protective device.
C. All sewage backflow protective devices shall be located in the manner
and meet the standards prescribed in the District's Standard Specifications, latest edition.
D. It shall be unlawful for the owner to maintain any building sewer .
connection to the District's sewerage system without an approved sewage backflow
protective device, as required by the provisions of this Ordinance.
4.7 Existing Side Sewers. Existing side sewers may be used in connection with
new buildings only when they are found by the Engineer, on examination and test required
by him, to meet all requirements of the District. The cost of examination and testing of
existing side sewers shall be borne by the owner at the same rates as for inspection.
4.8 Sewer Too Low. In all buildings in which any side sewer is too low to permit
gravity flow to the main sewer, sanitary sewage carried by such side sewer shall be lifted
by artificial means,,approved by the Engineer, and discharged to the main sewer at the
expense of the owner.
4.9 Maintenance of Side Sewer. Side sewers shall be maintained by the owner
of the property served thereby.
4.10 Design and Construction Standards. Minimum standards for the design and
construction of side sewers within the District shall be in accordance with the District
Standard Specifications heretofore or hereafter adopted by the District Board, copies of
which are on file int he District Office. The Engineer may permit or require modifications
of the Standard Specifications where special conditions warrant. One (1) complete set of
"as-built"drawings of a reproducible nature, on mylar, acceptable to the Engineer, showing
-the actual location of all structures, wyes, and laterals, shall be filed with the District before
final acceptance of the work.
4.11 Drainage Into Main Sewer Prohibited. No person shall make connection of
roof downspouts, exterior foundation drains, areaway drains, or other sources of surface
5
runoff or groundwater to a side sewer which, in turn, is connected directly or indirectly to
.a main sewer,
4.12 Design and Construction Requirements. The connection of the side sewer
to the main sewer shall conform to the Standard Specifications and other requirements of
the District. All such connections shall be tested in accordance with the Standard
Specifications. The Engineer may permit deviations from the prescribed procedures and
materials when, in his opinion, special conditions and the best interests of the District
warrant such deviations.
4.13 Notification. The applicant for a side sewer permit shall notify the Engineer
when the side sewer is ready for inspection and connection to the main sewer. The
connection shall be made under the supervision of the Engineer or his representative, Any
damage to the main sewer shall be repaired at the cost of the applicant to the satisfaction
of the Engineer.
4.14 Compliance with Local Regulations. Any person constructing a sewer within
a street shall comply with all state, county, and city laws, ordinances, rules and regulations
pertaining to the cutting of pavement, opening, barricading, lighting, and protection of
trenches, backfilling, and repaving, and shall obtain all permits and pay all fees required
by the entity having jurisdiction before the issuance of a permit by the District.
4.15 Protection of Public. All excavations for side sewer and main sewer
installation shall be adequately guarded with barricades and lights so as to protect the
public from hazard. The owner shall restore lights, sidewalks, parkways, and other public
property disturbed in the course of the work in a manner satisfactory to the District.
4.16 Building Removal. When a .building is demolished or removed from any
premises, the lateral sewer shall be plugged immediately. The plug shall be a permanent
type and shall be located at the property line under the ground surface.
Section 5, Fees. Rates. Charges. and Billing for Facilities and Services
5.1 General Purposes for Accumulating--Funds. The general purposes for
accumulating funds are:
A. For the payment at, or before maturity of, the principle of and interest
on any and all bonds issued by the District for expansion and/or improvement of the
System;
B. For the payment of any and all costs assessable to the District for
planning, design, and construction of facilities forming a part of a regional or subregional
sewage interceptor and treatment facility;
C. For the provision of funds for the payment of any and all sewerage
facilities.
6
,Q
5.2 Methods of Accumulating Funds
A. Funds shall normally be accumulated by a system of initial fees,
charges, and annual sewer service charges, and shall be established, from time to time,
by order or resolution of the Board after consideration of the Engineer's recommendations.
B. The fees herein provided for shall be paid at the following times:
1. Plan Checking Fee - At the time of submitting plans and
specifications to the District for checking.
r
2. Permit Fee - At the time of application for the permit.
3, Inspection Fee -At the time of application for the permit.
4. Connection Fee-When notified by the Engineer of the amount
determined to be payable, except in the case of connections through works constructed
under assessment district proceedings, in which case the fee shall be paid when the capital
funds are received and disbursed pursuant to the assessment proceedings.
5.3 Establishment of Unit. Connection fees and sewerage service charges shall
be calculated by multiplying the appropriate unit charge by a multiplyer determined by
District.
5,4 Change of Use. Where connection fees have previously been paid for
sewerage service for a construction, building and it is proposed to alter the original
character to use for the structure, building, the Engineer shall establish and collect
connection fees for the new proposed use, giving credit for connection fees previously
paid.
s5ection 6. Specifications
6.1 District Standards. The current Standard Specifications of Central Contra
Costa Sanitary District, Walnut Creek, Califorilia, and subsequent revisions and
amendments thereto are adopted as the Standard Specifications of the District and are by
this reference incorporated herein as though fully set forth.
6.2 Variance. Under special conditions, the Engineer may approve modifications
and/or additions to the Standard Specifications.
Section 7. Enforcement Measures
7.1 Liability for Violation
A. Any person violating any of the provisions of the ordinances, rules, or
regulations of the District shall become liable to the District for any expense, loss or
damage occasioned by the District by reason of such violation.
7
B. A violation of any of the District's ordinances, rules, or regulations is
a misdemeanor and is punishable in accordance with the provisions of Section 4766 of the
California Health and Safety Code.
7.2 Discontinuance of Service. The District may refuse to furnish sewerage
service and may discontinue all services, as provided in Paragraph 7.4, to any premises
where the Engineer finds that practices or conditions exist, or are imminent, that would be
detrimental or Injurious to the System, or where necessary to protect itself against fraud,
abuse, or improper operational and maintenance procedures.
7.3 Enforcement. The District, the Board, and all proper District officers, agents,
or employees shall promptly take all steps, actions or remedies necessary for the collect
of fees, charges and penalties as provided in this Ordinance (including the enforcement
of the lien of said fees, charges and penalties) which are now or hereafter be provided for
in the law. Said remedies for collecting and enforcing said fees, charges and penalties,
set forth in the law, are cumulative and.may be pursued alternately or consecutively, as the
Board determines.
7.4 Violation - Nonpayment of Bills. Upon failure of the owner or user of any
premises to pay any sewerage service charges, or if the owner or user of any premises
violates any other provision of this Ordinance, and said violation continues for a period of ,
60 days, the Engineer may disconnect the premises from the system, subject to the
hearing provisions of paragraph 10.9,
7.5 Public Nuisance - Abatement. During the period of such disconnection,
human`habitation of such premises shall constitute a public nuisance, and the District shall
cause proceedings to be brought for the abatement of the occupancy of said premises by
human beings during the period of such disconnection. In such event, and as a condition
of re-connection, there is to be paid to the District, in accordance with the provisions of
paragraph 10.10.b, a reasonable attorney's fee and costs of suit arising is said action.
7.6 Emergency Disconnection. Notwithstanding the provisions of paragraphs 7.4
and 10.9, if, in the opinion of the Engineer, such violation constitutes a public hazard or
menace, the Engineer may immediately enter up6h-the premises without notice and do
such things including-disconnection of the premises from the system and expending such
sums as are necessary to abate such hazard.
7.7 Correction of Violations. Any sum expended by the District in correcting a
violation shall be a charge upon the property, the responsible party, and the owner of the
property, and the District may collect such sum from the same.
i
7.8 Re-connection After Violation.: The Engineer shall estimate the cost of
disconnection and the re-connection to the system and the owner or user shall deposit the
cost, as estimated, of disconnection and re-connection, In accordance with the provisions
of paragraph 10.10.b, before the premises are reconnected to the sy�tem.
7.9 Re-connection After Nonpayment of Bills. Whenever premises have been
disconnected from the system for nonpayment of sewerage service charges, in addition
o
to the requirements of paragraph 7.8, such premises shall not be reconnected to the
system until all delinquent charges and penalties have been paid and until all delinquent
charges and penalties have been paid and until a connection permit has been obtained
and until such of the following charges as are applicable have been paid: a sewer
disconnection fee equal to the actual cost to the District of such disconnection; a,sewer
inspection fee for re-connection, and a permit fee; and until the owner and/or user of such
premises otherwise has complied with .this Ordinance. Re-connection will not be
performed by the District.
Section 8.0
Section 9• Applicants Outside District
9.1 Outside of District. The District shall not make sewerage service available
to any applicant whose premises is located outside the boundaries of the District.
9.2 Beyond District. The District is not obligated to install any sewer lines beyond
the boundaries of the District.
Section 10. Use of Sewers - Roguiremgnts. Limitations. Charges
10.1 Permit Required. Permits to discharge into the sewerage system of the
District anything but domestic sewage will be granted only in accordance with, and in
consideration of, the conditions of this Ordinance, and shall be subject to reasonable rules,
regulations and requirements.
10.2 Prohibited Discharges. Except as hereinafter provided, no person shall
discharge or cause to be discharged any of the following described waters or wastes to any
public sewer:
A. Any stormwater, surface water, ground water, roof runoff, subsurface
drainage, uncontaminated cooling water, or unpolluted industrial waters. Unpolluted water
shall mean any water within the following limits of quality:
pH 7.0 minimum, 8.5 maximum
Dissolved Solids 1,000 milligrams per liter, maximum
Biochemical Oxygen Demand 5 milligrams per liter, maximum
Suspended Solids 5 milligrams per liter, maximum
Settleable Solids 0.1 milliliters per liter, per hour, maximum
Grease or oil None
Color or Odor None
Toxic Concentration of Substances None
B. Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid or gas.
I
9
C. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, or any other solid or viscose substances
capable of causing obstruction to the flow in sewers, or other interference with the proper
operation of the sewage treatment plant.
0. Any garbage that has not been properly shredded. Proper shredding
is defined as having not more than 5 percent by weight (determined on a dry basis) of all
material discharged less than 1/4 inch in its largest dimension, and no particle greater than
1/2 inch in its largest direction.
Er Any liquid or vapor having a temperature higher than 150°F.
F Any water or waste having a pH lower than 6.5 or higher than 10.0 or
having any other corrosive property capable of causing damage or hazard to structures,
equipment and personnel of the sewage work.
G. Any water or waste containing (1) floatable grease, oil or fat of animal
or vegetable origin in excess of 25 milligrams per liter, or (2) floatable grease, oil or fat of
mineral origin in excess of 10 milligrams per liter, or (3) dispersed grease, oil or fat in
excess of 200 milligrams per liter.
H. Any noxious or malodorous substances which by themselves or by
interaction with other wastes may create a public nuisance or hazard or make human entry
into the sewers extraordinarily hazardous.
I. Any water or waste having greater than 350 milligrams per liter of
suspended solids.
J. Any water or waste having greater than 350 milligrams per liter of
suspended solids.
K. Any water or waste which exerts or causes excessive discoloration.
L. Any unusual volume of flow or"boncentration of waste constituting a
"slug." "Slug" is defined as any discharge of water, sewage, or industrial waste which in
concentration of any given constituent or In quantity of flow exceeds for any period of
duration longerthan 15 minutes more than 5 times the average 24-hour concentration or
flows during normal operation.
M. Any water or waste containing dissolved sulfides in excess of 0.1
milligram per liter.
N. Any water or waste containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment process, constitute a
hazard to humans or animals, or create any hazard in the receiving waters of the sewage
treatment plant. The following is a partial list of toxic substances and their maximum
concentration allowable for admission into the public sewer system.
10
Maximum
Toxicant Allowable Concentration
Alcohols .100 mg/liter
Algicides See Note A
Aluminum 0.2 mg/liter
Antibiotics See Note A
Arsenic &Arsenicals 1.0 mg/liter
Bactericides See Note A
Barium 5.0 mg/liter
Beryllium 5.0 mg/liter
Boron 10.0 mg/liter
Bromine, Iodine, Chlorine (total) 50.0 mg/liter
Cadmium 0.1 mg/liter
Chromium & Chromium Salts 0.5 mg/liter
Copper & Copper Salts 0.1 mg/liter
Cresols & Creosotes 2.0 mg/liter
Cyanides & Nitriles 0.2 mg/liter
Fluorine 1.5 mg/liter
Formaldehydes 1.0 mg/liter
Fungicides See Note A ,
Insecticides See Note A
Iron 1.0 mg/liter
Lead 0.2 mg/liter
Manganese 0.2 mg/liter
Mercury & Mercurials (as Mercury) 0.01 mg/liter
Nickel 0.2 mg/liter
Organic Solvents 1.0 mg/liter
Phenols & their Derivatives 0.5 mg/liter
Selenium 2.0 mg/liter
Silver & Silver Compounds (as Silver) 0.01 mg/liter
Sulfonamides & Dyes See Note A
Zinc Compounds (as Zinc) 0.2 mg/liter
Strong Oxidizing Agents, such as ~
Chromates, Dichromates, Permanganates,
Peroxides, etc. See Note A
Strong Reducing Agents, such as Nitrates,
Sulfites, Thiosulfates, etc. See Note A
Note A: None will be allowed unless specifically approved in writing by the Engineer.
The maximum allowable concentration of toxic or potentially toxic materials not listed
'above will be determined by the Engineer on an individual basis. In no event shall any
industrial waste discharged to the public sewers have a 96-hour median tolerance limit
(Tim), as determined by the Routine Fish Bioassay Method, or less than 25 percent.
0. Any other substance, material, water or waste, which is not amenable
to treatment by the treatment process, or causes the sewage treatment plan effluent to
11
violate discharge requirements issued by the State Water Resources Control Board or the
Regional Water Quality Control Board, or harms the sewers, treatment processes and
equipment, or has any adverse effect on the receiving waters, or can endanger health,
safety, public property, or can cause a nuisance.
Section10. Protection of District Pro eedy
10.1 Damage to District Property. No person shall break, dig up, obstruct, injure,
manipulate, remove, or in any way interfere with the property and facilities, or any part
thereof, including, but not limited to, any valve, manhole cover, clean-out, flushing inlet,
sewer lines, or apparatus connected therewith, of the District without prior written
authorization from the District to do so.
10.2 Deposits on District Property. No person shall place or deposit upon the
property or in the facilities of the District any waste, garbage, trash, debris, or other
unauthorized material.
Section 11. ,sewerage Service Charges
11.1 Definitions. Unless otherwise defined by this section or clearly required by
its context, terms used in this section shall have the meanings set forth for them in this
Ordinance.
11.2 Purpose. Revenues derived under this section shall be used only for the
acquisition, planning, construction, reconstruction, maintenance and operation of its
sanitation or sewerage facilities, to repay principal and interest on bonds issued for the
construction or reconstruction of such sanitary or sewerage facilities, and to repay federal
or state loans:or advances made to such entity for the construction or reconstruction of
sanitary or sewerage facilities.
11.3 Operative Date for Charges. Annual sewerage service charges are hereby
assessed and levied upon all premises connected to the District's system on July 1, 1979
and thereafter for each succeeding fiscal year. Premises first connected to the system
after July 1, 1979 shall pay the annual sewerage•"s-ervice charge on the date on which
application is made to connect to the system for the current fiscal year as provided in this
Ordinance.
11.4 Annual Charges. Annual Sewerage Services Charges - For each premises
connected or required by this Ordinance to be connected to the system, the annual
sewerage service charge required to be paid is the applicable amount set forth in
paragraph 11.5 of this Ordinance.
i
0
12
11.5 Required Charges.
A. Minimum Annual and Unit Charges. Minimum annual sewerage
service charges are established and shall be paid as follows:
1. Minimum rate for any premises shall be one "annual unit
charge." An "annual unit charge" shall be that amount of money determined by the Board
to be required per unit to meet the annual costs of the operation and maintenance of the
District's system, plus bond principal and interest and capital improvements for the fiscal
year charges which are to be made.
r
2. Each unit shall have one "annual unit charge."
B. Vacant Premises. if any premises shall become vacant, the applicable
minimum annual sewerage service charge shall continue to be charged to and collected
from the owner of such premises until the premises have been disconnected from the
system and the Engineer notified in writing by the owner of that disconnection.
C. Exemptions. No premises served by the system shall be exempt from
payment of charges without Board approval by order or resolution setting for the special
conditions which form the basis for exemption.
D. Separate Connections There shall be a separate connection to the
system for each`structure, building or separate premises.
11.6 Collection of Annual Charges
A. Authority and Conflict. This section is enacted pursuant to Health and
Safety Code Sections 4766 and 5473 to 5473.11, inclusive, and constitutes the ordinances
referred to in Sections 4566 and 5473. In the case of any conflict between the provisions
of this section and Ordinance and those of Sections 5473 to 5473.11, the latter shall
prevail.
B. Tax Roll Collection:
1. All District annual sewerage service charges for the 1979-80,
and subsequent fiscal years, shall be collected on the County tax roll in the same manner,
by the same persons, and at the same time as, together with and not separately from, its
general taxes, and shall be delinquent at the same time and thereafter be subject to the
same delinquency.
2. All things required by Health and Safety Code Sections 5473
Jo 5473.11 to be done in a timely manner by the Engineer so that the Board for each fiscal
year can take all actions required of it in order to collect the annual sewerage service
charges for that year on the tax roll.
13
C. Direct Collection:
1. If any levied annual sewerage service charge for a fiscal year,
or portion thereof, billed on the tax roll become delinquent, they shall be collected as
follows:
a. By the Engineer, who may take any reasonable and
proper action necessary to insure payment, including the billing and the filing of liens as
provided in Health and Safety Code Section 5473.11. The Engineer may also 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 owning to the District may be collected.
b: Collection by consent and agreement with another
entity's department's or utility's rates pursuant to Health and Safety Code Sections 5471
and 5472.
C. By such other action as authorized by law and by the
District's Board, including disconnection from the system pursuant to the provisions of
Section 7.
2. Charges collected pursuant to the subsection (C) are subject''.
to the following:
a. A basic penalty of 10 percent of any unpaid charge shall
be added to it for nonpayment within the time and in the manner prescribed in this. section
and collected.
b. Any further penalty of one-half of one percent per month
for nonpayment of any charge and basic penalty shall be added and collected.
Section 12. Duties of Engineer and Auditor-Controller
12.1 Engineer's Responsibilities. The Engineer shall supervise all connections to
the system and enforce all provisions of this Ordinance. The Engineer shall collect all fees
and charges excepting those relating to the billing, collection and delinquency of Annual
Sewerage Service Charges and Ad Valorem Taxes.
12.2 Right of Entry
A. The Engineer shall be authorized to enter all private properties through
which, or through part of which, the District holds a duly-obtained easement for the
purposes of, but not limited to, inspection, observation, measurement, sampling, repair and
maintenance of any portions of the system lying within the easement.
B. The entries authorized by this paragraph shall be �onducted either
with the consent of the owner or occupant or pursuant to the provisions of Title 13 of Part
I I I of the Code of Civil Procedure (CCP Section 1822.50 et seq.)
14
Section 13. Notices
13.1 Written or Oral. Notices from the District to any person will be given in
writing, either delivered personally to the owner of record or mailed to his last known
address, except that in any emergency, the Engineer may give oral notice by telephone
or in person.
13.2 Notices to the District. Notices from any person to the District may be given'
by such person or his authorized representative orally or in writing at the office of the
Engineer, or may be sent by mail to the Engineer.
Section 14. Appeals
14.1 Appeal of Engineer's Determinations. Any installer dissatisfied with any
determination of the Engineer may appeal the determination to the Board within 15 days
after receiving notice of the determination by filing written notice of appeal with the District.
The notice of appeal shall state the grounds for appeal. At a regular meeting of the Board
after the notice of appeal is filed, the Board shall hear the appeal. The decision of the
Board shall be final.
14.2 Payment and Refund. Pending decision upon any appeal relative to the
amount of any charge hereunder, the appellant desiring to proceed with construction shall
pay such charge. After the appeal is heard, the Board shall order refunded to the appellant
such amount, if any, as the Board shall determine should be refunded.
14.3 Relief on Own Motion. If the Board on its own motion finds that by reason
of special circumstances any provision of this Ordinance should be suspended or modified
as applied to a particular premises, it may, by resolution, order such suspension or
modification for such premises during the period of such special circumstances, or any part
thereof.
Section 15, Validity
15.1 Validity. If any provision of this Ordinance, or the application thereof to any
person or circumstances, is held invalid, no other provision of this Ordinance shall be
affected thereby.
15
Effective Date. This Ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be published once with the names of
supervisors voting for and against it in the MARTINEZ GAZETTE _, newspaper published
in this County and circulated in the District.
PASSED ON , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Phil Batchelor,
Clerk of the Board and
County Administrator
By:
Deputy Board Chair
SE:pe
g:FIDCTUSPDIS'RSD6RD4J5
May 30, 1995
1
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"Notice is hereby given that the Board of Supervisors of Contra
Costa County will meet in the Board Chambers, Room 107, at 651
Pine Street, Martinez, California, to hold a public hearing on May
20, 1997, at 3:00 p.m., to consider comments of any interested
person, either written or oral, to the Engineer's Report and annual
charges for Sanitation District No. 6 for sewer service in the
Martinez area. A copy of the Engineer's Report is on file with the
Clerk of the Board of Supervisors, 651 Pine Street, Room 106,
Martinez, California, and the Public Works Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest: April 28, 1997
By: _ K_(/� e �
Deputy hirley Casillas
Publication Dates:
May 1, 1997
giEngSvc\marti nlnotsd6A4
April 24,1997
Notice is hereby given that the Board of Supervisors of Contra
Costa County will meet in the Board Chambers, Room 107, at 651
Pine Street, Martinez, California, to hold a public hearing on May
201 1997, at 3:00 p.m., to consider comments of any interested
person, either written or oral, to the Engineer's Report and annual
charges for Sanitation District No. 6 for sewer service in the
Martinez area. A copy of the Engineer's Report is on file with the
Clerk of the Board of Supervisors, 651 Pine Street, Room 106,
Martinez, California, and the Public Works Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest: April 28, 1997
DeputV Shirley Casillas
Publication Dates:
May 1, 1997
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"Notice is hereby given that the Board of Supervisors of
Contra County will meet in the Board Chambers, Room 107, at
651 Pine Street, Martinez, California, to hold a public
hearing on May 20, 1997, at 3:00 p.m. , to consider comments of
any interested person, either written or oral, to the
Engineer's Report and annual charges for Sanitation District
No. 6 for sewer service in the Martinez area. A copy of the
Engineer's Report is on file with the Clerk of the Board of
Supervisors, 651 Pine Street, Room 106, Martinez, California,
and .the Public Works Department, 255 Glacier Drive, Martinez,
California. "
Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
Attest: May 5, 1997
By: >ax
Deputy Shirley Casillas
Publication Dates:
May 11, 1997
A
"Notice is hereby given that the Board of Supervisors of
Contra County will meet in the Board Chambers, Room 107, at
651 Pine Street, Martinez, California, to hold a public
hearing on May 20, 1997, at 3 : 00 p.m. , to consider comments of
any interested person, either written or oral, to the
Engineer's Report and annual charges for Sanitation District
No. 6 for sewer service in the Martinez area. A copy of the
Engineer's Report is on file with the Clerk of the Board of
Supervisors, 651 Pine Street, Room 106, Martinez, California,
and the Public Works Department, 255 Glacier Drive, Martinez,
California. "
Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator
Attest: May 5, 1997
By:
Deputy Sh' ley Casillas
Publication Dates:
May 11, 1997
54_`17
PROOF O F P U B U CAM ISI "Notice is hereby given that
the Board of Supervisors of
Contra Costa County will
(2015-5 C.C_P.) meet in the Board Chambers,
R 651
f/ Street, Martinez, California,
STAN OF CAUFORN(A to hold a public hearing on
May 20, 1997, at 3:00 p.m.,
County of Contra Costa interested person,either writ-
ten or oral,to the Engineer's
1 am a cltlzen of the United States and a resident of the Report and annual charges
for Sanitation District No. 6
Countym a y
Q aforesaid, l aover the of et hteen ears. for sewer service in the -
� nez area.A copy of thee EnEn-
and not a party to or-Interested In the above-entitled eer<Renort is on file with
matter. the Clerk of the Board of Su-.
pervisors, 651 Pine Street,
l am the Principal Leila!Clerk of the Contra Costa Times. nia and th Martinez,l ��De-
a newspaper of oeneral clrculatlon printed and pub- partment, 255 Glacier Drive,
artinez,California."
55Glaci
([shed at 2640 Shadelands Drive In the City of'Walnut Phil Batchelor, Clerk of the
Creek. County of Contra Costa, 94598. Board of Supervisors and
County Administrator
And which newspaper has been adjudged a newspaper Attest:,May 5,1997
of gp
general circulation by the Superior Court of the County Deputyhey casivas,
of Contra Costa, State of Callfoml under the date of Legal CCT 9997
a+ Publish:May 11,1997
"October 22, 1934. Case Number 19764.
The notice, of which the annexed Is a printed copy(set In
type not smaller than nonparell), has been published In
each reoular and entire Issue of said newspaper and not
in any supplement thereo(on the following dates, to-wit:
.�
........ ...................................
____ ...
all In the year of 19...97
I certlfy (or declare) under penalty of perjury that the
foreoolno is true and correct.
Executed IT 01 Walnu %�reek, Califomla.
On this . ay o .. , 1997...
..kai
[a"_n, re
Contra Costa Times
P.O: Box 4147
Walnut Creek, CA 94596
(510).935-2,525
Proof of Publication o(:
..(attached is a copy of the Legal advertisement that pub-
lished)
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PROOF OF PUBUCATION
(2015.5 C.C.P.)
!j "Notice is hereby given that
♦ the Board of Supervisors of
STAT OF CAUFORNIA meet in the Boa
our
County of Contra Costa street, Martinez, Califom'la
to hold a public hearing on
1 am a cltlzen of the United States and a resident of the May 20, 1997, at 3:00 p.m.,
to consider comments of any
County aforesaid, l am over the age of elohteen years, interested person,either writ-
and nota to or-Interested In the above-entitted ten or oral,to the Engineer's
party Report and annual charges
matter. for Sanitation District No. 6
for sewer service in the Marti-
nezt am the Principal teoal Clerk of the Contra Costa Times, narea.A copy of the En-
t Report is on file with
8 newspaper Of the Clerk of the Board of Su-
pap ocneral clro0a.tion, pointed and pub- pervisors, 651 Pine Street,
fished at 2640 Shade(ands Drive In the City of Walnut Room 106,Martinez,Works
Dr-
Creek, County of Contra Costa, 94598. nia and the Public Works De-
partment, 25if Glacier Drive,
- Martinez,California."
And whlch newspaper has been adjudged a newspaper Phil Batchelor, Clerk of the
of genera( circulation by the Superior Court of the County CountyAdmd of Supervisorsitrr and
of Contra Costa, State of Callfomla, under the date of Attest:April 26 1997
October 22, 1934, Case Number 19764.
By: Shirley GtasPllae,
OCT 9919
The notice, of which the annexed Is a printed copy(set In PoDash:May 1,1997
type not smaller than nonpareil), has been published In
each regutar and entire Issue of said newspaper and not
In any supplement thereof on the following dates, to-wit:
1...
�/6=-•� ...............................................____....
all In th year of 19...97_
1 certify (or declare) under penalty of perjury that the
foreoolno is true and correct. y
Executed at Walnut Creek Califomia.
On thl /,... d of . 19 97
--........
Slonature
Contra.Costa limes
P.O: Box 4147
Walnut Creek, CA 94596
(510).935-2525
Proof of Publication of:
.(attached is a copy of the legal advertisement that pub-
RE`0MHV ED__�'J -
MAY - 5 9997
CLU K J30 1_ACOSTA ARS