2002-05 Sanitary Sewer Regulations ORDINANCE 2002-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA AMENDING TITLE 18, SANITARY SEWER REGULATIONS, OF THE
ENCINITAS MUNICIPAL CODE
TO INCORPORATE PORTIONS OF THE CARDIFF SANITATION DISTRICT CODE,
DUE TO THE DISTRICT'S DISSOLUTION
The City Council of the City of Encinitas, California does ordain as follows:
SECTION ONE:
The City Council does ordain to repeal Title 18 of the Encinitas Municipal Code and to
enact in its place a new Title 18, which shall read as per the attached (EXHIBIT A).
SECTION TWO:
This Ordinance was introduced on March 27, 2002.
SECTION THREE:
PASSED AND ADOPTED this 10TH day of APR I L ,2002, by the
following vote to wit:
AYES: BOI'ID, GUERIN, HOLZ, HOULIHAN, STOCKS,
NAYS: NONE.
ABSTAIN: NONE.
ABSENT: NO~E I
Chris~uerin, Mayor
ATTESTATION AND CERTIFICATION:
This Ordinance was published pursuant to law.
~'~ D~bora~/Cervone, dry C,o/rk ?
EXHIBIT "A"
CHAPTER 18.01
GENERAL PROVISIONS
18.01.010 Purpose. It is the purpose of this Title to establish procedures and
regulations for the use and protection of the City's sanitary sewer system (Ord. 95-16).
18.01.020 Severability. If any provision of this Title or the application thereof to
any person or circumstance is held invalid, the remaining portions of the Title and the
application of such provisions to other persons or circumstances are to be considered valid.
18.01.030 Definitiona For the purposes of this Title, the words set out in this
section shah have the following meanings:
"Applicant" means any person or group of persons who applies for sewer services.
"Cost" means the cost of labor, material, transportation, supervision, eng/neering and
all other necessary overhead expenses.
"Customer" means any person, firm, association, corporation or government agency
served or entitled to be served sewer service by the City for compensation.
"Developer" means any person or group of persons, including contractors,
corporations or public entities, who request to extend or connect to the sewer system.
"District" Any reference to the "Cardiff Sanitation District" by that name or any other
reference within this code shall mean the CiO~ of Encinitas.
"Extension" means an extension of an existing sewer main.
"Equivalent Dwelling Unit (EDU)" means the unit of measure which is based on the
flow characteristics of an average single-family residence in terms of sewage quantity and
constituent quality.
"Fiscal Year" means the period from July 1 to June 30, both inclusive.
"Garbage" means the animal and vegetable waste from the handling, preparation,
cooking, dispensing, and disposal of food.
"Grease" means any material which is extractable from an acidified sample of water
by hexane or other designated solvent and as determined by the appropriate procedure in
standard methods. "Grease" includes fats and oils.
"Grease Interceptor" means a pretreatment device designed and installed to separate
fats, oils, and grease from wastewater.
"Industrial Waste" means solid, liquid, or gaseous substances discharged or flowing
from an industrial, manufacturing, or commercial premises resulting from manufacturing,
processing, treating, recovery, or development of natural or artificial resources of whatever
nature.
"Industrial Waste~vater" means all water-carried wastes and wastewater of the
community, excluding domestic wastewater and uncontaminated water. Includes all
wastewater from any producing, manufacturing, processing, institutional, commercial,
agricultural, or other operation. These may also include wastes of human origin similar to
domestic wastewater.
"Interceptor Line" refers to a large sewer line to which many trunk lines are
connected and which serves the primary purpose of transporting sewage from trunk lines to
the disposal.
"Main or Sewer Main" is a sewer pipeline in the sanitary sewer system of the City.
Individual service laterals discharge selvage into server mains which convey the sewage
toward trunk lines and interceptor lines and ultimately to the disposal.
"Maximum Charge" refers to the maximum amount residential accounts can be
charged for annual server service. This amount is based on indoor water usage for a
household of six persons. (Ord. 98-10).
"Median Annual Water Usage" means the annual water use at which exactly half the
customers in the classification are under the amount and half the customers are above the
amount. (Ord. 98-10).
"Minimum Charge" refers to the minimum amount residential accounts can be
charged for annual sewer service. This charge covers the fixed costs incurred by the City in
providing sewer service to a customer, regardlessofthe amount of water usage. (Ord. 98-10).
"Multi-Family Residential" means the residential classification with more than one
living unit served by a single water meter, and shall include all residential accounts other than
single-family residential. (Ord. 98-10).
"Non-Residential" means the classification which includes all accounts other than
single~familyresidentialand multi-family residentialcustomers. (Ord. 98-10).
"Owner or Property Owner" means the person owning the fee, the person in whose
name the legal title to the property appears, by deed duly recorded in the County Recorder's
office, or the person in possession of the property or buildings under claims of, or exercising
acts of ownership over same for himself, or as executor, administrator, guardian or trustee of
owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under
government lease or license of real property.
"Person" means any individual, property owner, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust, estate, governmental entity or
any other legal entity, or their legal representatives, agents or assigns. The masculine gender
shall include the feminine, the singular shall include the plural where indicated by the context.
"pH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to
14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0
indicate alkalinity and those below 7.0 indicate acidity.
"Premises" means any lot, piece or parcel of land, building or establishment.
"Pretreatment or Treatment" is the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater
to a less harmful state prior to or in lieu of discharging or other~vise introducing to the sewer
system.
"Return to Sewer" is the percentage of metered water usage, measured in hundred
cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This
percentage excludes storm, surface, and groundwaters not intentionally admitted in to the
sewer system. (Ord. 98-10).
"Regular Sewer Service" means the sewer service and facilities rendered for normal
domestic and industrial or commercial purposes on a permanent basis and the sewer system
available- therefore.
"S.S". means suspended solids, a measure of the strength ofwastewater. (Ord. 98-10).
"Sanitary Sewer or Sewer" shall mean a sewer which carries sewage and to which
storm, surface, and groundwaters are not intentionally admitted.
"Self-regenerating or Automatic Water Softener" is a water softener unit which is a
water conditioning apparatus such as zeolite and resinous ion-exchange softeners or
diminerllzers or other like devices which require the periodic discharge of brine solutions in
their operation.
"Sewage" means the waterborne wastes derived from ordinary human living
processes and of such character as to permit satisfactory disposal, without special treatment,
into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank
systems.
"Sewer, Building or House" means that portion of a pipe or conduit carrying sanitary
sewage and/or industrial wastes from a building to the public sanitary sewer or a common
sewer.
"Sewer Lateral or Service Lateral" means the service pipes extending from the private
property line to the public sanitary sewer main in a public street, alley or easement. It is the
connection of any domestic, commercial or industrial sanitary sewer lines to the City's system
after the payment of established fees and charges and City approval. (Ord. 97-04)
"Sewer~ Private" refers to a privately owned sanitary sewer which is not directly
eontrulled by the City.
"Sewer, Public" refers to the sanitary sewer system under the jurisdietinn of the City
and the sewage treatment plant where the sewage will be processed.
"Sewer System" means the sanitary sewer system of the City. Includes all construction
and appurtenant equipment utilized in the collection, transportation, pumping, treatment and
final disposal of sewage.
"Single-Family Residential" means the residential classification where one living unit
is served by one water meter, with the exception that where two or more living units are
attached they are treated as multi-family residential regardless of the number of water
meters. (Ord. 98-10).
"Slug" means any discharge of water, sewage or industrial wastes which in
concentration of any given constituent or in quantity of flow exceeds for any period of
duration longer than fifteen minutes more than five times the average twenty-four hour
concentration of flows during normal operation.
"Standard Methods" means the current edition of Standard Methods for the
Examination of Water and Wastewater as published by the American Public Health
Association, and Water Pollution Control Federation.
"Sub-classification" refers to the individual uses arranged under the classification.
(Ord. 98-10).
"Sub-meter" means a device used in addition to a water utility meter maintained by
the San Dieguito Water District or Olivenhain Municipal Water District to measure the water
usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor
water usage. (Ord. 98-10).
"Suspended Solids" means solids that either float on the surface of, or are in
suspension in water, sewage, or other liquids; and which arc largely removable by laboratory
filtering and as determined by the appropriate procedure in standard methods.
"Trunk Line" means a main sewer line to which many sewer mains are connected and
which serves the primary purpose of transporting sewage from sewer mains to the disposal.
"Utility Hole" is an access to underground utilities. It is also referred to as a manhole.
"Wastewater" means waste and water, whether treated or untreated, discharged into
or permitted to enter a public senver.
18.01.040 Grammatical Interpretatio~ For the purpose of this Title:
A. All words used in the present tense shall include the future;
B. All words in the masculine gender shall include the feminine;
C. The word "shaH" is mandatory and "may" is permissive;
D. All words in the plural number shall include the singular number; and
E. All words in the singular number shall include the plural number.
CHAPTER 18.04
GENERAL SEWER REGULATIONS
18.04.010 Title. This Chapter shall be known as the "City of Encinitas Sewer
Regulations Ordinance." (Ord. 95-16).
18.04.020 Purpose of Rules and Regulations, The purpose of these rules and
regulations is to set forth the terms and conditions under which the City will authorize
connections and provide sewer service to customers.
18.04.030 Sewer System. The City will furnish a system, works and infrastructure
used for and useful for collection of domestic and industrial sanitary selvage, including aH
parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract
rights, franchises, and other sewage collection facilities and equipment.
18.04.040 Sesver Service and Connection Conditions,
All applicants for sewer service or sewer connections shall be required to accept such
conditions of connection and service as may be provided by the City. The construction,
installation, or repair of sewer service laterals and house sewers and connections to the sewer
main and sewer system shall be completed in accordance with all existing laws, ordinances, and
rules of the City, County of San Diego, and the State of California or any department thereof.
The type of sewage discharged into the server system shall meet the requirements and
restrictions of the Encina Wastewater Authority or the San Eiijo Joint Powers .4uthority as
applicabla
18.04.050 Tampering with City Property. No one except an employee or
representative of the City shall at any time in any manner operate the valves, motors, gates,
machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or
interfere with senver lines or other parts of the sewer system.
18.04.060 Damage to City Sewers. No person shall willfully break, damage, destroy,
uncover, deface or tamper with any structure, appurtenances or equipment which is part of
the City's sewer system. Any person who willfully or negligently damages any City sewer or
facility thereto is liable for the cost of repair, including the cost of replacement thereof.
18.04.070 Right to Inspect and Enter Private Property for Work within Sewer
Easements, With the permission of the property owner, the officers, employees and agents of
the City bearing proper credentials and identification shall have the right to enter upon any
premises within the City to inspect and determine if this Title is being complied with, and for
the purposes of, but not limited to, inspection, observation, measurement, sampling, repair,
replacement and maintenance of any portion of the sewer system within any easements on the
property.
18.04.080 Unlawful to Make Sewer Connection without Payment of Fee.
A. No person shall connect to the City's sewer system or sewer main without first
submitting an application for sewer connection/capacity and obtaining the approval of the
City Engineer authorizing such connection. (Ord. 97-04)
1. Approval of the application shah be given if the applicant is able
to deliver sewage to points and elevations designated by the City and has paid
all related fees and charges.
2. Ail applicants for new connections must be served within the
boundary of the City or within the sphere of influence of the City with a submitted
request for annexation into the City through the Local Agency Formation
Commission procedure.
B. It is unlawful for any person:
1. To place, discharge or dispose of any material, solid or liquid,
into the sewer system, or any part thereof, without first obtaining a permit
from the City pursuant to this Title, and without having first paid all fees
required by this Title; or
2. To place, discharge or dispose of any substance into the sewer
system except substances of waste materials originating on the premises to
which a sewer connection permit has been issued.
18.04.090 Enforcement Measures in Case of Delinquency. When any fee or charge
imposed by this Title becomes delinquent, the enforcement agents are authorized to take any
or all of the following actions in accordancewith the law:
A. Any steps authorized by law to collect fees and charges;
B. Disconnect the premises from the City's sewer system; prior to such
disconnection, notice of such delinquency shall be given to the occupant of the premises by
United States mail with return receipt, or by posting such notice on the premises; the
occupant will be given the opportunity for informal hearing with
the City Manager prior to said disconnection, and if requested, within five days thereal~er
appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to
occupant will be furnished to the regional office of the County Health Department. When a
premises has been disconnected, it shall not be reconnected until all delinquent fees and
charges have been paid, together with a charge for such disconnection and reconnection, as
established by resolution of the City Council.
18.04.100 Maintenance of Sewer Lateral.
A. The property owner serviced by a sewer lateral shall be responsible for
cleaning, maintaining and repairing the sewer lateral between the sewer main and the lateral
connection to the structure.
B. The property owner shall do such work at the property owner's sole expense
and only after the required permits have been issued.
C. The owner of such property shall reimburse the City for work on sewer laterals for
the removal of obstructions, when the work is designated as necessary for public
safety.
18.04.110 Restrictions Relating to Use of Public Sewers.
A. No person shall discharge or cause to be discharged any storm water, surface
water groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or
any waters from an uncontaminated cooling system, swimming pool, decorative fountain or
pond, into any public sewer or any private sewer which is connected to the public sewer
without written permission from the City Engineer in conformancewith adopted regulations.
B. No person shall enter, obstruct, uncover, or tamper with any portion of the
public sewer, or connect to it, or dispose septic tank/cesspool wastes, or dispose of anything
into any sewer and/or sewer utility hole without the written permission of the City Engineer.
C. No person shall remove or demolish any building or structures with plumbing
fixtures connected directly or indirectly to the public sewer as follows:
1. The person shall notifying the City Engineer prior to
commencing work;
2. The person shall ensure that all openings in or leading to the
public sewer line or lines caused by such work shall be sealed watertight; and
3. The person shall ensure that the work is inspected by the City
Engineer or his representative before being backfilled.
D. No person shall f'dl or backfill over, or cause to cover, or obstruct access to, any
sewer utility hole.
E. No person shall erect any improvements, structures, or buildings over public
sewers or sewer easements without the written permission of the City Engineer.
F. Except as hereinafter provided in this section, no person shall discharge or
cause to be discharged any of the following described substances, waters or wastes into any
public sewer:
1. Liquid or vapor having a temperature higher than 140 degrees
Fahrenheit;
2. Water or waste which may contain more than 200 mg/l for
inorganic or 400 mg/l of organic concentration of fats oils, grease, or waxes, or
containing substances which may solidify or become viscous at temperatures
between 32 degrees and 150 degrees Fahrenheit;
3. Gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid or gas;
4. Toxic, noxious or malodorous liquid, solid, or gas deemed a
public hazard and nuisance;
5. Paints, or waste products from paint
manufacture;
6. Garbage that has not been properly shredded to a size of one-
fourth inch or less so that all particles will be carried freely under normal flow
conditions in the public sewers;
7. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar plastics, wood, paunch manure, paper substances or normally dry,
solid wastes capable of causing obstruction to the flow in or damage to sewers
or other interferencewith the proper operation of the sewerage works;
8. Water or wastes having a pH lower than 5.5 or higher than 11.0
or having any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewerage works;
9. Water or wastes containing any substance in sufficient quantity
to discolor, injure, disrupt or interfere with the normal operation of any sewage
treatment process, constitute a hazard to human or animal life, create a public
nuisance, or significantly lower the quality of the receiving waters;
10. Water or wastes containing suspended solids of such character
or quantity that unusual attention or expense is required to handle such
materials at the sewage treatment plant; ~ -
11. Unusual volume of flow or concentration of wastes constituting
"slugs" as deemed in Section 18.01.020;
12. Radioactive wastes or isotopes of such half-life or concentration
that may exceed limits established by the City Engineer in compliance with the
applicable state or federal regulations;
13. Water added for the purpose of diluting wastes which could
otherwise exceed applicable maximum concentration limitations; or
14. Water or wastes containing substances which are not amenable
to treatment or reduction by the treatment processes normally employed.
18.04.120 Pumping Interceptors/GreaseTraps.
A. No person shall discharge or cause to be discharged any fats, greases, and
waxes to the sewer system if their concentration and physical dispersion results in separation
and adherence to sewer structures and appurtenances. If there is evidence of adherence of
such materials to said structures, or if such materials cause blockage in the sewer system, then
the wastewater carrying such materials must be effectively pretreated by a process or device
to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand
interceptors shah be installed when deemed necessary by the City Engineer for the proper
handling of liquid waste containing grease in excessive amounts, and flammable materials,
sand, and other harmful ingredients. All interceptors shall be of a type and capacity
acceptable to the City Engineer and shall be located as to be readily accessible for cleaning
and inspection.
B. Grease and oil interceptors shah be constructed of impervious materials
capable of withstanding abrupt and extreme changes in temperature. They shall be of
substantial construction, watertight, and equipped with easily removable covers which when
bolted in place shah be gastight and watertight.
C. All grease, oil, and sand interceptors shall be maintained in continuously
efficient operation at all times by the owner at his expense. In the maintaining of these
interceptors, the owner shah be responsible for the costs and the proper removal and disposal
by appropriate means of the captured material and shall maintain records of the dates,
amounts, and means of disposal which are subject to review by the City Engineer.
18.04.130 Surcharge Any person who discharges or causes to be discharged into the
public sewers any water or wastes having more that 200 mg/l of inorganic or 400 mg/l of
organic grease or oil shall be obligated to pay a surcharge, occasioned by the extent to which
such water or waste contains an excess over the foregoing limitation of concentration, or by
the estimated cost of the City services required to remedy the effect of the discharge.
18.04.140 Self-regeneratingor Automatic Water Softeners Prohibited.
A. It is unlawful for any person to install or replace any plumbing equipment,
including any automatic or self-regeneratingwater softener unit, the operation of which may
result in the discharge of saline waste into the sewerage facilities, or the discharge of such
wastes that might pollute any surface or underground stream, watercourse, lake or body of
water, including any underground, natural or artificial storage reservoir, or which might
impair or contribute to the impairment of the usefulness of such waters for human or animal
consumption, or domestic, agricultural, industrial, or recreational purposes or for any other
useful purpose.
B. Self-regenerating water softener units which are found discharging to the
City sewer shall be removed on demand of the City Engineer. Should any such installation
not be removed on demand of the City Engineer, the City may remove such installation at
the expense of the customer or take action to disconnect the premise in accordance with
this Title.
18.04.150 Septic Tanks. (See Municipal Code Section 11.04.020, subsections N and O)
18.04.160 Violation -- Penalty. For the failure to comply with all or any part of this
Title, any ordinance, resolution or order of the City pertaining to the delivery of public sewer
services, in addition to any other penalty or remedy provide by law, the City may discontinue
sewer service in accordance with an order of court. Any person violating any of the
provisions of this Title is liable to the City for any expense, loss or damage, and for any
increase in the cost of maintenance or repair, occasioned by the City as a result of such
violation.
CHAPTER 18.08
SEWER CONNECTION FEES AND SEWER SERVICE CHARGES
18.08.010 Application for Sewer Connections and/or Monthly Sewer Service --Applicant
Responsibilities (Ord. 95-16).
A. Applications. Applications for sewer connections and/or sewer service shall be
submitted at the Engineering Services Department counter at the Civic Center on prescribed
forms provided by the City.
B. Compliance of Applicant. Application approved for sewer service and/or sewer
connections will signify the applicant's willingness and intention to comply with ali ordinances
and regulations relating to sewer service and/or connections and to make payment for such
sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection
fees, as well as other pertinent contingent fees set forth by resolution and by other applicable
rules and regulations. (Ord. 97-04).
18.08.020 Sewer Connection/Capacity Fees
A. The sewer connection/capacity fee shall be set by ordinance. (See H/S § 5474)
(Ord. 97-04).
B. Connection/capacity fees and inspection fees are due and payable at the time of
application for a Wastewater Discharge Permit. The number of equivalent dwelling units shall
be used to compute the amount of the connection fee. (Ord. 97-04).
C. If the proposed connection cannot be made, the fee will be refunded when
approved by the City Engineer.
18.08.025 EquivalentDwelling Unit Determinatiom (Ord. 98-10).
A. RESIDENTIAL. The number of equivalent dwelling units (EDU) assigned to
each structure is determined as follows:
1. Single Family Residence, 1.0 EDU
per each individual dwelling unit, per lot
(Includes manufactured homes, and mobile
homes which are on private lots).
2. Residential condominiums 1.0 EDU
per each individual living unit.
3. All apartments and accessory units, 0.8 EDU
regardless of number of bedrooms, per each
individual living unit on the same lot. (Ord. 97-11)
4. Mobile Home and Trailer Parks, per each
individual space. * 0.5 EDU
a. Mobile Home 0.5 EDU
b. Trailer Space 0.5 EDU
c. RecreationalVehicle Park, 0.5 EDU
occupied or not
· Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to trailer spaces, as per this ordinance.
B. COMMERCIAL/INDUSTRIAL/SCHOOLFACILITIES.
1. Food Service Establishments.
a. Take-out restaurants with disposable 3.0 EDU
utensils, no dishwasher, and no public
restrooms.
b. Miscellaneous food establishments: 3.0 EDU
ice-cream/yogurt shops, bakeries, or
equivalent (sales on premise only).
c. i. Take-out/eat-in restaurants ~vith 3.0 EDU
disposable utensils, but with minimum
seating and public restrooms.
ii. Restaurants with re-usable 3.0 EDU
utensils, seating and public minimum
restrooms, includes cocktail bars.
One EDU is assigned for each 6-seatunit
as follows:
1-18 seats = 3.0 EDU (minimum);
Each additional 6-seat unit will be
assigned 1.0 EDU. The number of seats
will be equal to eighty percent of the
maximum occupant load for the eating
area as def'med by the current Uniform
Building Code.
2. Hotels and Motels. *
a. Per living unit without kitchen 0.38 EDU
b. Per living unit with kitchen 0.60 EDU
· Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to living units, as per this ordinance.
3. Commercial, Professional, Industrial Buildings, to include
Markets, Recreational Facilities, Full-Service Laundries/Dry
Cleaners, Mortuaries, and all variations thereof, and
Establishments not Specifically Listed Herein.
a. Any office, store, motor-vehiclewash, or
industrial condominium or establishment.
i. First 1,000 square feet 1.2 EDU
ii. Each additional 1,000 square feet 0.7 EDU
or portion thereof
b. Where occupancy type or usage is unknown
at the time of application for service, the
followingEDU's shah apply. This shall
include, but not be limited to shopping
centers, industrial parks, and professional
office buildings.
i. First 1,000 square feet of gross 1.2 EDU
building floor area
ii. Each additional 1,000 square feet 0.7 EDU
of gross building floor area.
Portions less than 1,000 square
feet will be prorated.
4. Self-service Laundry, Per Washer. 1.0 EDU
5. Churches, theaters, and auditoriums per 1.5 EDU
each 150 person seating capacity, or
fraction thereof. (Does not include
office spaces, school rooms, day care
facilities, food preparations areas, etc.
Additional EDU's will be assigned for
these supplementary uses.)
6. Schools, to include day-care centers,
boarding schools, or other combined youth
educational, recreational and residential
facilities.
a. Elementary Schools, 1.0 EDU
for 50 pupils or fewer
b. Junior High Schools, 1.0 EDU
for 40 pupils or fewer
c. High Schools, 1.0 EDU
for 24 pupils or fewer.
Additional EDU's shall be prorated based on above values. The
number of pupils shall be based on the average daily attendance of
pupils at the school during the preceding fiscal year, computed in
accordance with the education code of the State of California.
However, where the school has had no attendance during the
preceding fiscal year, the City Engineer shall estimate the average
daily attendance for the fiscal year for which the fee is to be paid
and compute the fee based on such estimate.
7. Convalescent Homes. *
a. Skilled nursing care facilities, 0.7 EDU/bed
psychological hospitals, convalescent
hospitals; licensed by the Department
of Health.
b. Community Care Facilities with 16 0.5 EDU/bed
or more beds licensed by the State
Department of Health.
c. Small Community Care Facilities 0.5 EDU/bed
with 7 to 15 beds licensed by the
County Department of Social Services.
d. Community Care Homes with six or 1.0 EDU
fewer total residents, including
resident staffand housekeepers
(to be the same EDU as a single family
residence).
· Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to beds/residents, as per this ordinance.
8. Automobile Service Station.
a. Four gasoline/diesel/naturalgas 2.0 EDU
pumps or less
b. More than four gasoline/diesel/ 3.0 EDU
natural gas pumps
c. Each floor drain connected to sewer 0.5 EDU
9. Warehouse or equivalent, per four 1.0 EDU
fixture unit increment.
10. Other.
In the case of commercial, industrial, and other establishments not included in
Commercial/Industrial items (1) through (9) inclusive, or when the EDU's
specified in items (1) through (9) are not representative of actual flow due to the
number of employees or type of operation, the number of equivalent dwelling
units shall be determined in each case by the City Engineer and shall be based
upon the estimatedvolume and type ofwastewater discharge into the sewer.
18.08.030 Sewer Service Charges.
A. The sewer service charges shall be set by ordinance. (See IUS § 5471)
B. A sewer service charge is levied and charged upon each premise which discharges
sewage that ultimately passes through the City's sewer system. (Ord. 98-10).
C. The property owner of record shall be responsible for payment of the sewer
service charge. Any agreement between landlords and tenants to the contrary will not relieve the
landlord or record owner of the property of the responsibility for payment of the sewer service
charges to the City. (Ord. 98-10).
D. Sewer service charges may be collected either through the tax roll of the County of
San Diego, on the property's water bill, or by issuing a manual bill for payment. The method
utilized is determined by the Public Works Director or his designee. (Ord. 98-10).
E. Payment of sewer service charges for new connections shall be paid at the time the
Wastewater Discharge Permit is issued. If the permit is for an existing building the sewer service
charges will be prorated for the fiscal year based upon the date the permit is issued. If the
permit is for new construction or connection, then a time credit of four months shall be allowed
when computing the amount of sewer service charges. This prorated amount shall be paid at the
time the Wastewater Discharge Permit is issued. (Ord. 98-10).
F. Provided, however, in the case of other businesses and establishments that have
unusual character insofar as sewage is concerned, the rate shall be established in each case by the
City Manager or his designee. The rate so established shall be fixed in consideration of the
estimated or actual volume of flow and suspended solids (ss) and/or biological oxygen demand
(BOD) content from such. (Ord. 98-10).
G. The annual sewer service charges for all properties discharging sewage that passes
through the City's sewer system, excluding schools, will be determined by applying the volume
sewer charge per hundred cubic feet (HCF) for each customer classification to each parcel as
determined by the water utility meter readings. The annual sewer service charges for schools
shall be determined by applying the number of equivalent dwelling units (EDU) assigned per the
average daily attendance of pupils at the school at the current rate set by ordinance. (Ord. 98-
10).
H. The property owner of record at the time the annual sewer service charge is billed
shall be responsible for the sewer service charge associated with the metered water use occurring
during the time period in which it is recorded. (Ord. 98-10).
18.08.040 Sewer Service Outside City Limits. When it appears to be in the best interest
of the City and the people thereof, the City Engineer may prepare an agreement for property
situated outside the City to be permitted to connect to the sewer system. The agreement may
state the terms of connection, special conditions and limitations, cost for service, annexation fees,
connection/capacity fees, and other conditions of sewer service. (Ord. 98-10)
18.08.050 Refunds, Back Charges, and Changes in Use Resulting in Different Rates~
Sewer Service Charges and/or Connection/CapacityFees. (Ord. 97-04).
A. Increased Rates. Whenever the use of any premises previously connected to the
City system is changed so that there is a fee applicable to such premises increased from that
which existed at time original application was made, there shall immediately become due, owing
and payable to the City the increase in fees applicable. The charges imposed by this regulation
shall become delinquent sixty days following the date it becomes due.
B. Back Charges for Unpaid Sewer Service. The City Engineer is authorized to
require back charges in the event that a property has been discharging into the sewer system
without payment of sewer service charges. The back charges may be imposed up to four years in
arrears. (Ord. 97-04).
C. Refund/Reduction of Sewer Service Charges and/or Connection/Capacity Fees.
The Public Works Director is authorized to allow refunds of annual sewer service charges and/or
connection/capacity fees to non-discharging parcel owners and to property owners which have
been over-charged for sewer service and/or connection/capacity fees. The Public Works Director
is authorized to discontinue charging non-discharging parcels for sewer and to reduce the sewer
service charge of over-charged parcels. Only those amounts which were over-charged will be
refunded, and without accrued interest. Refunds shall be issued for up to four years in arrears
during which thc property owner was over-charged for sewer service. (Ord. 98-10).
18.08.060 Exceptions. The Public Works Director or his designee shah have the power to
grant exceptions and to establish policies for the granting of such exceptions from the established
sewer service charges. Such exceptions shall only be granted when one or more of the following
situations exist: (Ord. 98-10).
A. Where the premises are not connected to the sewer system of thc City.
B. When water is supplied to premises through a separate water meter and such
water is used entirely for irrigation purposes.
C. Where the city has entered into a separate service agreement.
18.08.070 Adjustment of Sewer Service Charges Authority. The Public Works Director or
his designee shah have the power to adjust the annual sewer service charge when one or more of
the following situations exist: (Ord. 98-10).
A. When excessive water consumption is caused by unknown water pipe leaks and it
is positively demonstrated to the satisfaction of the City that above-mentioned water
consumption is not discharged into the sewer system.
B. Where it can be positively demonstrated to the satisfaction of thc City that the
percentage of return to sewer is less than the amount calculated for that customer classification
due to a substantial portion of the water used for industrial, recreational, horticultural or
agricultural purposes.
C. When water is supplied to premises by more than one water meter and one or
more of such additional water meters does not provide water which is discharged into the sewer
system.
D. When ownership of the parcel changes after the period during which the water
meter readings are recorded and the amount of water used during that period is above the
median annual water use for that customer classification. It must be positively demonstrated by
the customer that the recorded amount is not representative of their actual consumption for the
type of use.
18.08.080 Calculation of Annual Sewer Service Charge (Ord. 98-10)
A. SINGLE FAMILY RESIDENTIALThe annual sewer service charge for single
family residential customers shall be determined by applying the sewer charge per hundred
cubic feet (HCF) to the adjusted annual water usage. For customers of the San Dieguito Water
District, the service charge will be based on the two lowest bi-monthly water meter readings
from December through May, multiplied by three to arrive at the annual water usage in HCF.
For customers of the Olivenhain Municipal Water District, the service charge will be determined
by combining monthly water meter readings from December through May to produce three bi-
monthly readings. The service charge will be based on the lowest two readings multiplied by
three to arrive at the annual water usage. The annual water usage is adjusted by applying a
I~ok #
percentage return to sewer to determine the adjusted annual water usage. The minimum and
maximum charges established by ordinance will apply to all single family residential customers
whose water utility meter readings fall under or over the established limits.
B. MULTI-FAMILYRESIDENTIAL The annual sewer service charge for multi-
family residential customers shah be determined in the same manner as for single-family
residential customers. For multi-family residential customers with separate parcels sharing a
single water utility meter, the annual total water usage shah be divided among the number of
parcels served and applied to each parcel equally. The annual sewer service charge will be based
on the adjusted annual water usage for the parcel. The minimum and maximum charges
established by ordinance will apply on a per unit basis to all multi-family residential customers
whose water utility meter readings fall under or over the established limits.
C. NON-RESIDENTIAL The annual sewer service charge for non-residential
customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the
adjusted annual water usage. The annual water usage is based on the prior twelve months
metered water usage from May through April for the customer and is adjusted by applying a
percentage return to sewer to determine the adjusted annual water usage. A minimum charge
has been established for non-residential customers.
D. When less than two full bi-monthly billing periods (four full monthly periods for
customers of the Olivenhain Municipal Water Distric0 of metered water use is available from
December through May for residential customers, the median annual water use for that
customer classification, as set by ordinance, shall apply.
E. When less than three full bi-monthly billing periods (six full monthly periods for
customers of the Olivenhaln Municipal Water District) of metered water use is available for non-
residential customers for the prior year, the median annual water use for that customer sub-
classification, as set by ordinance, shah apply. When more than three full billing periods, but
less than six full bi-monthly periods (twelve full monthly periods for customers of the Olivenhain
Municipal Water District) of metered water use is available for non-residential customers for the
prior year, the use shall be normalized to one year.
F. When a single water meter serves more than one customer classification on a
parcel, the highest strength classification will be used in determining the rate per hundred cubic
feet of water usage.
G. When no median annual water use exists for a non-residential sub-classification,
the number of equivalent dwelling units assigned to the parcel for the purpose of determining the
sewer connection/capacity fees shall be used, multiplied by the median annual sewer service
charge for the single family residential customer sub-classification.
H. When the non-residential sub-classification for a customer changes prior to the
determination of the annual sewer service charge for the customer, the rate for the new sub-
classification shall apply and the annual water usage for each customer sub-classification shall be
used to determine the annual sewer service charge.
18.08.090 Challenge of Sewer Service Charge Determination (Ord. 98-10).
A. Administrative Review. The property owner of record or his designee subject to
the sewer service charge may apply in writing to the Public Works Director or his designee for
an exception or adjustment as hereinabove provided in Sections 18.08.060 and 18.08.070;
however, no rebate of fees upon such exception shall be allowed for any fees paid one year or
more preceding the filing of such application. The applicant shall complete an official
Application for Review of Annual Sewer Service Charge, supplied by the Public Works
Department. The applicant shall furnish necessary factual data to' support such application.
The Public Works Director or his designee shah review the application and approve or deny the
application based on the information provided by the applicant.
B. Appeal to City Manager. Upon denial or conditional approval by the Public
Works Director or his designee, any applicant dissatisfied with such decision may appeal same to
the City Manager.
C. Appeal to City Council. Upon denial or conditional approval by the City
Manager, any applicant dissatisfied with such decision may appeal same to the City Council.
Such appeal must be filed in writing with the City Clerk within thirty (30) days after the notice of
such decision.
18.08.100 Sub-Meters. If the property owner determines that it is in their best interest, a
sub-meter may be used to demonstrate to the satisfaction of the City that the percentage of
return to sewer is less than the amount calculated for that customer classification. (Ord. 98-10).
A. Readings obtained from sub-meters installed for the purpose of measuring exclusively
indoor or outdoor water use in HCF may be used by the City for the purpose of calculating the
annual water usage if the following conditions are met:
1. An application requesting that the water readings from a sub-meter be
considered in determining the annual sewer service charge be completed by the customer
prior to the installafion of a new sub-meter.
2. The use of the sub-meter be pre-approved by the Public Works Director or his
designee prior to installation.
3. The sub-meter be connected to a water line exclusively used for indoor or
outdoor water use.
4. An annual service charge may be imposed by the respective water agency for
the meter reading during which the usage is recorded. The above-mentioned charge shall
be set by ordinance.
B. A penalty will be imposed by the City for any sub-meter found to be tampered with,
adjusted, or improperly installed to produce false readings.
CHAPTER 18.12
SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FEE
18.12.010 Purposa It is the purpose of this Chapter to allow a reimbursement
connection fee at the time of connection when the sewer service has been made available by a
private developer prior to the time that the City would have been able to make the sewer service
available. The purpose of the reimbursement connection fee is to reimburse the person privately
constructing the sewer main which is dedicated to thc public and offered to the City. (Ord. 95-
16)
18.12.020 Procedura
A. The City and the developer may enter into a reimbursement agreement in which
the developer agrees to dedicate the sewer main to the public and offer the main to the City.
B. Upon acceptance of the sewer main by the City in accordance with Section 4742.3
of the Health and Safety Code, the City shall adopt an ordinance imposing a reimbursement
connection fee for connections to that sewer main. The reimbursement connection fee shall be
determined by the City Engineer and CiO?s administrative manual and shall provide funds to
reimburse the developer for costs of the main which benefit other propcrty owners which
connect to the main. The reimbursement connection fee shall include a 6% per annum simple
interest charge to partially compensate developer for his financing costs. The developer shall not
be reimbursed for his fair share of the project costs (that portion of the improvement costs that
directly benefits his/her developmen0. The City shall return the collected reimbursement
connection fees to the developer, less administration fees and any other costs or fees, in
accordance with the terms of the reimbursement agreement. (Ord. 97-04)
18.12.030 Term of Agreement The period over which special connection fees are
collected shall be 20years:
18.12.040 Reimbursement of Costs by Benefiting Property Owners Connectin~
When a sewer main extension has been installed and a reimbursement agreement amount has
been approved by the City Council, any benefiting property owner, prior to connection to thc
sewer main, who has not either himself or through his predecessor in interest contributed
toward the cost of such installation, shall pay to the City, in addition to any sewer connection
fees required by this Code or any other ordinance of the City, the reimbursement connection
fee for such sewer main extension, at the rate provided for by ordinance of the City Council.
(Ord. 97-04)
The following sewer reimbursement ordinances have been approved bp the Cit~ Council:
(/Vote: All references to "District" or "Cardif[Sanitation District" means City or Cit~ of
Encinitus.)
18.12.100 William J. Ackerman Reimbursement Connection Fee (92-01). In
addition to any other fees for connections to sewer lines within the District, there is established
a reimbursement connection fee of $7,750.00 plus 6% annual simple interest upon the
effective date of Ordinance No. 92-01 (December 10, 1992), adopted by the Board of the
District for premises connecting directly to the sewer line (CS079) as shown on plan attached
as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the
Cardiff Sanitation District,' on file in the Office of the District Clerk. The agreement states
that the District retains an administrative fee which is 5% of the gross reimbursement
connection fee. This agreement expires on December 10, 2002.
18.12.120 Philip Bocganowski Reimbursement Connection Fee (89-03). In
addition to anF other fees for connections to sewer lines within the District, there is established
a reimbursement connection fee of $1,330.00 plus 6% annual simple interest computed from
the effective date of Ordinance No. 89-03 (April 6. 1989). for premises connecting directly to
the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement
Agreetnent Between Philip Bocganowski and the Cardiff Sanitation District," on ['tie in the
Office of the District Clerk. This agreement expires on April 6, 1999.
18.12.121 Raymond and Lilly Bosch and Mike and Katie Colton Reimbursement
Connection Fee (96-01). In addition to any other fees for connections to sewer lines within
the District, there is established a reimbursement connection fee of $7,112. 71 plus 6% annuid
simple interest computed from the effective date of Ordinance No. 96-01 (March 29, 1996),
until paid for equivalent dwelling units connecting directly to the sewer [acilit~ known as
CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of
Akita Lane in Olivenhidn, as more fully set forth in the agreement filed in the Office of the
District Clerk. This section shall have no further effect on and after 20 Fears from the
effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the
District retains an administrative fee which is 5% of the gross reimbursement connection fee.
This agreement expires on March 29, 2016.
18.12.122 Gar~ Bukamier Reimbursement Connection Fee (96-02). In addition to
any other fees for connections to sewer lines within the District, there is established a
reimbursement connection fee of $16,723.56 plus 6% annual simple interest computed from
the effective date of Ordinance No. 96-02 (January 17, 1997), until paid for equivalent
dwelling units connecting individual laterid(s) directly to the sewer facility known as CS121
running easterly in Fortuna Ranch Road, thence northerly and thence easterly in Bukamada
Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District
Clerk. This section shall have no further effect on and after 20 Fears from the effective date of
Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District
retains an administrative fee which is 5% of the gross reimbursement connection fee. This
agreement expires on January 17, 2017.
18.12.140 (Reserved: C)
18.12.160 Du Vivier Company Reimbursement Connection Fee (86-58). In
addition to any other fees for connections to sewer lines within tire District, there is established
a reimbursement connection fee of $1,240.00 per primar~ benefiting acre and $620.00 for
each secondarF benefiting acre that flows directly or indirectly through the sewer line
(PC1846) plus 6% annual simple interest for premises connecting directly or indirectly to the
sewer line as shown on plan attached as Exhibit "A" to the "Reimbursement Agreement
Between Du Vivier Company and the Cardiff Sanitation District'; on file in the Office of the
District Clerk. This agreement expires on January 16, 2007.
18.12.180 (Reserved: E)
1&12.200 (Reserved: F)
18.12.220 (Reserved: G)
18.12.240 (Reserved: H) Stephen and Karen Hoffman Reimbursement Connection
Fee (98-03). In addition to any other fees for connections to sewer lines within the District,
there is established a reimbursement fee of $11,140.01 plus 6% annual simple interest
computed from the effective date of Ordinance No. 98-03 (Jidv 24, 1998) until paid for
equivalent dwelling units connecting directly to the sewer facilit~ known us CS193 Iocnt~d in
Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in
Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk.
This section shall have no further effect on and after 10 years from the effective date of
Cardiff Sanitation District Ordinance No. 98~03. This agreement expires on July 24, 2008.
18.12.260 (Reserved: I)
18.12.280 (Reserved: J)
18.12.300 (Reserved: K)
18.12.320 (Reserved: L)
18.12.340 Michael J. Mahon Reimbursement Connection Fee (91-04). In addition
to anF other fees for connections to sewer lines within the District, there is established a
reimbursement connection fee of $2,264.16 plus 6% annual simple interest upon the effective
date of Ordinance No. 91-04 (October 10, 1991), adopted by the 'Board of the District for
premises connecting directly to the sewer line (PC1989) as shown on plan attached as Exhibit
A to the "Reimbursement Agreement between Michael J. Mahon and the CardiffSani!~t!~n
District," on file in the Office of the District Clerk. The agreement states that the District
retains an administrative fee which is 5% of the gross reimbursement connection fee. Thi~
agreement expires on October 10, 2001.
18.12.341 C. Samuel and Anne Marasco Reimbursement Connection Fee (99-01).
In addition to any other fees for connections to sewer lines within the District, there iv
established a reimbursement fee of $9,466.05 plus 6% annual simple interest computed from
the effective date of Ordinance No. 99-01 (JulF 30, 1999) until paid for equivalent dwelling
units connecting directl~ to the sewer facility known as CS073 located in Cole Ranch
generally south of Lone Jack Road in Olivenhain, as more fulll~ set forth in the agreement
flied in the Office of the District Clerk. This section shah have no further effect on and after
20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This
agreement expires on JulF 30, 2019.
18.12.360 (Reserved: N)
18.12.380 Patrick O'Connor Reimbursement Connection Fee (89-02). In
to anF other fees for connections to sewer lines within the District, there is established a
reimbursement connection fee of $1,900.00 plus 6% annum simple interest computed from the
effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directly to the
sewer line (PC1814) as shown on plan attached as Exhibit A to the "Reimbursement
Agreement Between Patrick O'Connor and the Cardiff Sanitation District, ' on file in the
Office of the District Clerk. This agreement expires on April 6, 1999.
18.12.381 Olivenhain Sewer Joint Venture (John Cover) Reimbursement
Connection Fee (93-01). In addition to anF other fees for connections to sewer lines within
the District, there is established a reimbursement connection fee of $4,012.00 plus 6% ann,_,~,t
simple interest computed from the effective date of Ordinance No. 93-01 (Julg 9, 1993), for
premises connecting directlF to the sewer line (PC1889, PC1906) as shown on plan attt~,.hed as
Exhibit A to the "Reimbursement Agreement, on file in the Office of the District Clerk. The
agreement states that the District retains an administrative fee which is 5% of the gross
reimbursement connection fee. This agreement expires on Jult, 9, 2003.
18.12.400 (Reserved: P)
18.12.420 (Reserved: O)
18.12.440 Michael Rile~ Et Al Reimbursement Connection Fee (93-06). In
addition to anF other fees for connections to sewer lines within the District, there is established
a reimbursement connection fee of $3,966.00 plus 6% annual simple interest computed from
the effective date of Ordinance No. 93-06 (FebruarF 11, 1994), until paid for equivalent
dwelling units connecting directiF to the sewer facility know as CS025 running South in
Rancho Santa Fe Road, thence westerlF in Whisper Wind Drive in Olivenhain, as more fullF
set forth in the agreement filed in the Office of the District Clerk. This section shah have no
further effect on and after 20 Fears from the effective date of Cardiff Sanitation District
Ordinance No. 93-06 (this agreement expires on Februar~ 12, 2014). The agreement states
that the District retains an administrative fee which is 5% of the gross reimbursement
connection fee.
18.12.460 (Reserved: S)
18.12.480 Paul Trester Et A1 (9th Street Extension) Reimbursement Connection
Fee (93-04). In addition to any other fees for connections to sewer lines within the District,
there is established a reimbursement connection fee of $2,460.00 plus 6% annual simple
interest computed from August 4, 1983 until paid for equivalent dwelling units connectint,
directly to the sewer facilit~ known as PC1614 running north in Cole Ranch Road thence
westerly in Ninth Street in Olivenhain, as more fullv set forth in the agreement flied in the
Office of the District Clerk. This section shah have no further effect on and after August 4,
2003. The agreement states that the District retains an administrative fee which is 5% of the
gross reimbursement connection fee.
18.12.500 (Reserved: U)
18.12.520 (Reserved: IO
18.12.540 Ray }Fakeham Et A1 Reimbursement Connection Fee (93-03). In
addition to any other fees for connections to sewer lines within the District, there is established
a reimbursement connection fee of $4,316.00 plus 6% annual simple interest computed from
the effective date of Ordinance No. 93-03 (November 12, 1993), until paid for equivalent
dwelling units connecting directiF to the sewer facilit~ known as CS108 running Y~est in Ninth
Street, thence northwesterip in Sereno View Road in Olivenhain, as more full}~ set forth in the
agreement flied in the Office of the District Clerk. This section shall have no further effect on
and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 93-03
(this agreement expires on November 12, 2003). The agreement states that District retains an
administrative fee which is 5% of the gross reimbursement connection
18.12.560 (Reserved: X)
18.12.580 (Reserved: Y)
18.12.600 (Reserved: Z)
CHAPTER 18.16
SEWER CONSTRUCTION REQUIREMENTS
18.16.010 Purpose The purpose of this Chapter is to specify some of the City's
requirements relating to sewer construction. (Ord. 95-16)
18.16.020 Sewer Utility Holes Must be Accessible by City Maintenance Vehicle-s. The
developer shall be required to grade an access road to maintain any public sewers constructed
within easements and may be required to dedicate additional access easements to maintain the
public sewers. All of the sewer utility holes must be accessible by vehicle. In order to be
accepted into thc City's publicly maintained sewer system, all new sewer mains shall be
constructed only within maintained roadways that have all-weather surfacing.
18.16.030 Installation of Sewer Lateral Connections from Main to the Propert~ Lines
are Requiredfor Unconnected Properties When a Sewer Main is Constructed When a sewer main
is constructed as part of a public right of way improvementplan, the developer is required to install
sewer lateral connections to the property liue for each developed, unconnected lot that couM be
served by that sewer main. This is to limit the construction on newly improved public roadways. In
addition, the developer is required to show the all lateral locations on the improvementplan installed
by the developer.
18.16.040 Cost of Sewer Lateral Construction. The expense of
construction, installation, replacement, and maintenance of the sewer laterals are solely the
responsibility of the applicant. Sewer lateral work in the public right of way requires a City
permit.
18.16.050 Separate Sewer Lateral~ Separate sewer laterals are required for each
single family dwelling, and condominium. However, a separate sewer lateral is not required for
an approved accessory unit to a single family dwelling, on the same lot. Every separate
residential building or other building on one lot connected to the sewer main shall be separately
and independently connected with the City sewer system. The exception to this rule, is the
situation where there is a building in the rear of a lot without access to any other available sewer
main. In this ease, it may be connected with the sewer of the building in the front of the same lot.
All condominiums shall have separate connections, unless a homeowner's association is formed
to manage and maintain the private sewer lateral.
18.16.060 Privately Owned Sewer Pumps. Private sewage discharge pumps may
be permitted only if it can be determined that no other alternatives exists or that an unnecessary
hardship is thereby created. Sewer pump proposals will require the applicants to have a civil
engineer review the alternatives and submit their finds to the City Engineer for review. If the sewer
pump is permited, the property owner will assume all liability and responsibility associated with the
maintenance and operation of the sewage pump.
18.16.070 No Surface Water Connection Allowed to the Sewer System. No person
shall make connection of roof downspouts, exterior foundation drains or other sources of surface
runoff or groundwater to a building drain which in turn is connected directly or indirectly to a
public sewer.
18.16.080 Excavations to be Properly Barricaded and Noticed- Ah excavations for
building sewer installation shall be adequately guarded with barricades, lights, and signage so as
to protect the public from hazard. Streets, sidewalks, parkways, sewer easements and other
public property disturbed in the course of the work shall be restored in a timely manner, to the
satisfaction of the City.
18.16.090 Sewer Utility Easement~ Sewer utility easements shall be obtained for all
sewer main extensions, except for sewer mains to be located within a public street. Under no
circumstances shall any structure be placed over or around any sewer main or extension, or
within a City utility easement, unless an encroachment permit has been granted by the City
Engineer.
18.16.100 Inspection. Inspection of aH sewer construction shall be made by
personnel of the City or its authorized representative as deemed necessary by the City Engineer.
Sewer construction shah include, but not be limited to sewers, pump stations, treatment plants,
pretreatment facilities, food establishment facilities, or other facilities which discharge grease
and oils that may cause blockages. Inspections may be made to determine that such facilities are
being adequately maintained and operated and meet the provisions of this Code. Sewer facilities
under construction shah be inspected periodically or as deemed necessary by the City Engineer
to assure that construction conforms to the intent of the approved plans and specifications, City
design standards and other applicable codes. No person shah bury or backfill new sewers or
laterals until inspected by personnel of the City or its authorized representative. No person shall
interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer
construction.
18.16.110 Responsibility for Damages to Sewers or Streets by Person Doing Work.
Any person who shall do or cause to be done work provided for in this Chapter shall be liable for
any damage to any sewer or to any public street or to any other public property.
18.16.120 Sewer Construction Permita
A sewer construction permit must be issued before the material sewer connection can
be made to the public sewer system. Prior to a sewer connection permit being issued the
property must be within the jurisdiction of the City's sewer system, and the wastewater
discharge permit fees paid, as well as ah other required sewer fees. In cases of sewer lateral
installation in a new subdivision or on a public sewer main extension under construction, the
issuance of wastewater discharge permits may be deferred until prior to issuance of any
building permits. Right-of-way construction permits are required when sewer construction
permits are issued for work in the public right-of-way. The cost of all soils and material
testing, as well as the cost of any necessary special inspection, shah be directly borne by the
applicant/developer. The applicant shah provide security guaranteeing proper completion of
the work conforming to Section 23.36.130.D. of the City of Encinitas Municipal Code. A
sewer construction permit shall be valid for a length of time not to exceed one year from the
date of issuance. (Ord. 97-04)
18.16.125 Requirements and Standards - City Engineer authorigation
The City Engineer may authorize exceptions to requirements and standards contained
in this Chapter subsequent to issuing a finding of practicality and substantial consistency with
the intent of this Code to the City Manager. The City Engineer may impose conditions on any
said exception necessary to preserve the intent of this Code.
'18.16.130 Sewer Lateral Cleanout Covers Required. Cieanout caps or plugs are
required on all cleanouts installed on sewer laterals and on all access points to the lateral.
The cleanout above-ground access points shall be closed and water tight. (UPC707.1)
(Ord. 97-04)
CHAPTER 18.20
COST RECOVERY FOR PROTECTIVE SEWER SERVICES
18.20.010 Purposa The purpose of this Chapter is to establish procedures for
obtaining reimbursement from responsible persons for the expenses of any emergency response
by the City to protect the public from sewage spills and other health and safety concerns related
to sewage. (Ord. 95-16)
18.20.020 Sewage Spills are Unlawgut In accordance with the Health and Safety
Code Section 4476, a person who causes or allows to overflow, any sewage, sludge, cesspool or
septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street,
alley, public highway, or road in common use or upon any public park or other public property,
or upon any private property into or upon which the public is admitted by easement, license or
otherwise is guilty of a misdemeanor. Section 1.08.030 of the City of Encinitas Municipal Code
states that it is unlawful for any person to create, cause, commit or maintain a public nuisance
within the City and that the violation of any regulatory provision of the City's Code constitutes a
public nuisance.
18.20.030 ReimbursementsRequired. A person who acts negligently or in violation
of the law and thereby requires the City to provide an emergency response to a danger posed by
sewage and/or hazardous substances shall reimburse the City for the costs incurred. If the
person does not immediately correct the cause and/or the resulting health and safety problem,
then the City is hereby authorized to correct the problem situation at the person's expense.
18.20.040 Report. City personnel involved in an emergency response shall submit a
report to the Public Works Director indicating:
A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the City and the basis
of the determination regarding responsibility.
18.20.050 Notice to Responsible Party.
A. If it is reasonably likely that the party identified in thc report is responsible for
reimbursing the City, the Public Works Director may submit a demand to the identified party.
The Public Works Director is authorized to accept a reasonable offer of reimbursement.
B. The Public Works Director may set the matter for administrative hearing by the
City Council. Notice of the date set for hearing and the report shah be sent to the person or
entity to be charged together with a copy of administrative hearing procedures contain in the
Municipal Code.
18.20.060 Action by City Council. If the matter is referred to the City Council for
administrative hearing, the City Council shall, by resolution:
A. Confirm or disallow the charge, in full or in part;
B. Determine the amount of the reimbursement owed by the party to the City; and
C. Direct that the City commence collection proceedings against the party.
CHAPTER 18.24
INDUSTRIAL WASTEWATER PRETREATMENT
18.24.010 Title. This Chapter shall be known as the "City of Encinitas Industrial
Wastewater Pretreatment Ordinance." (Ord. 95-16)
18.24.020 Purpose. The purpose of this Chapter is to provide for the maximum
beneficial public use of the City's wastewater system through adequate regulation of sewer
construction, sewer use, and industrial wastewater discharge, to provide for equitable
distribution of the City's costs, and to provide procedures for complying with wastewater
discharge requirements placed upon the City by Encina Wastewater Authority, San Elijo Joint
Powers Authority, and other regulatory bodies.
18.24.030 Scope. This Chapter shah be interpreted in accordance with the
definitions set forth herein and the provisions of this Chapter shall apply to the direct or indirect
discharge of all waste into the City's sewer system. This Chapter provides for the regulation of
sewer construction in areas within the former Encinitas Sanitary District and Cardiff Sanitary
Division boundaries, the quantity and quality of discharged wastes, the degree of wastewater
pretreatment required, provision for fees and charges, the issuance of permits for industrial
wastewater discharge, and the establishment of penalties for violation of the ordinance codified
in this Chapter.
18.24.040 Adherence to Pretreatment Ordinance of Encina Wastewater Authority.
The City of Encinitas is a member of the Encina Wastewater Authority and therefore has
adopted the Encina Wastewater Authority's Pretreatment Ordinance. No user shall contribute
or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the
Encina Wastewater Authority's Pretreatment Ordinance, on file in the Office of the City Clerk
of the City of Encinitas, and any amendments thereto. In the event of any inconsistencies
between regulations approved by Encina Wastewater Authority, the City Council and other
regulations adopted by the City, the more restrictive regulations shah apply
18.24.045 Adherence to Pretreatment Sections of the Encinitas Municipal Code. No user
shall contribute or cause to be contributed, directly or indirectly, any such influent that is
inconsistentwith the Encinitas Municipal Code Sections on Pretreatment, on file in the Office of the
City Clerk, and any amendments thereto. In the event of any inconsistencies between regulations
approved by the City of Encinitas Municipal Code Sections on Pretreatment, and San Eiijo Joint
Powers Authority, and other regulations adopted by the City, the more restrictive regulations shah
apply.
18.24.050 Industrial Wastewater Discharge Permit Required. No person shall
connect to or otherwise discharge, or cause to be discharged into the sewer system of the City,
any industrial waste unless the City Engineer determines that such discharge meets the
industrial waste discharge standards established by the rules or regulations adopted as herein
provided, in which case no industrial waste permit shall be required. If the discharge does not
meet the industrial waste discharge standards established by this Title, then an industrial waste
discharge permit is required.
18.24.060 Issuance of Industrial Wastewater Discharge Permit Industrial
wastewater permits :hah may be co-issued by the City and thc Encina Wastewater Authority or
by the City andSan Elijo Joint Powers Authority, according to this Code and Encina Wastewater
Authority or San Elijo Joint Powers Authori(y regulations. No person shall discharge or cause to
be discharged any industrial wastewaters directly or indirectly to sewerage facilities without first
obtaining a permit for industrial wastewater discharge. The permit for industrial wastewater
discharge may require pretreatment of industrialwaste before discharge, restriction of peak flow
discharges, prohibition of discharge of certain waste components, restriction of discharge to
certain hours of the day, payment of additional charges to defray increased costs created by the
waste discharge, and such other conditions as may be required to effectuate the purpose of this
Chapter.
No permit shah be issued to any person to discharge industrial waste into the sewer system of the
City if such discharge will be a hazard or danger to the health or safety of any person or to the
property of any person or if such discharge will result in a danger to thc capacity, construction,
use or proper performance or utilization of the sewer system or be otherwise detrimental or
injurious to such systems or either of them, and unless the applicant has complied with ah state,
federal, and local laws and with all the provisions of this Code and with all applicable rules and
regulations adopted as provide for in this Title.
18.24.070 Fees for Industrial Wastewater Discharge Permita Fees may be charged
by the City for industrial wastewater discharge permits, for both the issuance of original permits
and renewals.
18.24.080 Pretreatment Plans Required. In the event the City Engineer determines
that pretreatment is required to make the waste acceptable, the applicant shah be so notified and
shall submit suitable engineering plans and specifications showing in detail the proposed
pretreatment facilities and pretreatment operational procedures which shah be included within
and become a part of the original application. A permit shah not be issued until such plans,
specifications and operational procedures have been reviewed and approved by the City
Engineer.
18.24.090 Access for Monitoring When required by the City Engineer, the owner of
any property served by a building sewer carrying industrial wastewater shall install monitoring
and recording equipment, and a suitable control access hole in the building sewer to facilitate
observation, sampling and measurement of the wastes. Such access hole shall be readily
accessible and safely located, and shah be constructed in accordance with plans by the City
Engineer. The access hole shall be installed and maintained by the owner at the owner's expense.
If no special access hole is available, the sampling location shall be determined by the City
Engineer - which may be the nearest downstream utility hole from the point at which the
building sewer is connected.
18.24.100 Self-monitoring and Reportin~ All industrial users shall be subject to self-
monitoring and reporting requirements. The requirements for each applicable user shall be
determined by the City Engineer and included in the user's discharge permit.
18.24.110 Public Access to Information. Information and data provided by an
industrial user identifying the nature and frequency of a discharge shall be available to the
pubfic without restriction. Any information or data which is submitted or which may be
furnished by a user in connection with required periodic reports shall also be available to the
public unless the user or other interested person specifically identifies and is able to demonstrate
to the satisfaction of the City Engineer that the disclosure of such information or .a particular
part thereof to the general public would divulge methods or processes entitled to protection as
trade secrets.
18.24.120 Revisions to Permits~ The City Engineer shall be empowered to revise
discharge permit requirements to comply with evolving federal, state, and local laws. Permit
revisions or modifications shall not be inconsistent with applicable federal pretreatment
standards.
18.24.130 Permit Expiration, Transference, Revocation or Suspension. Any permit
issued in accordancewith the provisions of this Chapter shall be valid for a specified period, and
is not transferable unless such permit is revoked or suspended as provided in this Title and in the
rules and regulations adopted pursuant thereto.
18.24.140 Violation -- Disconnection of Facilities -- Reconnection Charge The City
Engineer may revoke or suspend the permit issued to any person in the event of a violation by
thc permittee of any provision of any applicable state, federal or local laws or this Chapter or of
any of the rules and regulations adopted in the manner provided for herein. The City Engineer,
in accordance with the law, may disconnect from the public sewer any connection to a sewer,
main line sewer, or other facility which is constructed, connected or used without a permit, or
constructed, connected or used contrary to any of the provisions of any applicable federal, state,
or local law or this Chapter or the rules and regulations adopted as provided for in this Chapter.
When a premises has been disconnected, it shall not be reconnected until the violation for which
it was disconnected has ceased or been remedied and a reasonable charge for such disconnection
and reconnection, as established by the City Engineer, has been paid.
18.24.150 Notice of Intention to Disconnect Premise~ The City Engineer shall give
not less than five days notice of intention to disconnect the premises or to suspend or revoke a
permit, stating the reasons therefore, and may grant a reasonable time for elimination of the
violation; provided, however, that if the City Engineer determines that the danger is imminent
and such action is necessary for the immediate protection of the health, safety or welfare of the
persons or property or for the protection of the sewer system, any premises may be disconnected
and service terminated concurrently with the giving of such notice. Notice shall be given to the
occupant of the premises, if any, and to the record owner of the property as shown upon the last
equalized assessment roll of the County of San Diego by United States mail, registered or
certified, return receipt requested, or by posting such notice on the premises.
18.24.160 Enforcement The City Engineer is charged with the duty of enforcing the
provisions of this Chapter and the rules and regulations adopted as provided in this Chapter.
The City Engineer and the City/Encina Wastewater Authority's duly authorized agents and
employees are authorized and shall be permitted to enter upon all properties at all reasonable
times, and during operating hours of businesses for the purpose of inspection, observation,
measurement, sampling, testing, or other reasons to assure the enforcement and proper
application of all the provisions, rules and regulations as provide in this Chapter.