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1997-01-Reorg. District Code ---~ . ORDINANCE NO. 97-01 AN ORDINANCE OF THE CARDM SANITATION DISTRICT TO REORGANIZE THE DISTRICT CODE TO BECOME SIMILAR TO TITLE 18 OF THE ENCINIT AS MUNICIPAL CODE REGARDING SANITARY SEWER WHEREAS, the City of Encinitas as the successor in interest to the former Encinitas Sanitary District, reorganized the Encinitas Sani~ District Code to beçome Title 18 - Sanitary . Sewer of the Encinitas Municipal Code; WHEREAS, the Cardiff Sanitation District desires to reorganize their code to become similar to Titl~ 18 of the EIicinitas Municipal Code and thereby make the codes of the two sewer agencies more consistent in content and fonnat; WHEREAS, the Cardiff Sanitation Distri~ Code needs to be codified to incorporate ordinances adopted since the Cardiff Sanitation DistrietCode was last Qpdated ,- while under the jurisdiction of the County of San Diego; WHEREAS, a consultant has -. recently perfonned an analysis of the Cardiff Sanitation District Policies and rates and has recommended some changes which are reflected in this proposed . Cardiff Sanitation District Code. NOW TIŒREFORE, the City Council of the City ofEncinitas does ordain as follows: SECTION ONE: That the Cardiff Sanitation District Codes are hereby codified, reorganized, amended, and are hereby adopted to read as follows: SEE AITACHMENT A SECTION TWO: This ordinance was ,introduced on April 9, 1997. . Book. \ ~, );J? SECTION THREE: . PASSED AND ADOPTED this 2 3 'day of A P r il . 1997, by the following vote, to wit: AYES: Aspell, Bond, Cameron, Davis, DuVivier. NAYS: None. ABSTAIN: None. ABSENT: None. ~"- " , '" \,- . ~ r Bond; CIìáir ~ ATTEST AND CERTIFICATION: I hereby certify this is a true and correct copy of Cardiff Sanitation District Ordinance No. 97-01 . which has beafpublished pursuant to law. '.~ f~~,c£dr . Bookt I ,.., J:J. 7 ATTACHMENT A . CARDIFF SANITATION DISTRICT CHAIRPERSON JAMES BOND ~ ~ BOARD MEMBERS LOU ASPELL SHEILA CAMERON . JOHN DAVIS CHUCK DU VIVIER ~ ~ DISTRfCT MANAGER \, LAUREN M. WASSERMAN DIRECTOR OF PUBLIC WORKS BOB NELSON DIRECTOR OF ENGINEERING SERVICES ALAN ARCHIBALD' . Prepared in 1997 by the Public Works and Engineering Services Departments look , I ,..... I ;.~ CSD 3/19/97 . CARDIFF SANITATION DISTRICT CODE TItJ,. E 18 TABLE OF CONTENTS CHAPTER 18.01 GENERAL PROVISIONS. 18.01.010 Purpose. 18.01.020 Severability. 18.01.030 Definitions. 18.01.040 ' Grammatical Interpretation. C:fAPTER 18.02 ,', Q,JlGANlZATION. 18.02.010 District BQard Regular Meetings. 18.02.020 Organization. ClUTER 18.04 GENERAL SE~R REGULATI(>~~~ 18.04.010 Title. . 18.04.020 Purpose of Rules and Regulations. 18.04.030 Sewer System. 18.04.040 Sewer Service and Connection Conditions. 18.04.050 Tampering with District Property. 18.04.060 Damage to District Sewers. 18.04.070 Right to Inspect &. Enter Private Property for Work within Sewer Easements. 18.04.080 Unlawful to Make Sewer Connection without Payment of Fee. 18.04.090 Enforcement Measures in Case of Delinquency. 18.04.100 Maintenance of Sewer Lateral. 18.04.110 Restrictions Relating to the Use of Public Sewers. 18.04.120 Pumping Interceptors/Grease Traps. 18.04.130 Surcharge. 18.04.140 Self-regenerating or Automatic Water Softeners Prohibited. 18.04.150 Septic Tanks. 18.04.160 Violation -- Penalty. CHAPTER 18.08 SEWER CONNECTIONICAP ACrtY FEES AND SEWER SERVICE CHARGES. 18.08.010 Application for Sewer Connections and/or Monthly Sewer Service -- Applicant Responsibilities. . 18.08.020 Sewer Connection/Capacity Fees. 18.08.030 Sewer Service Charges. 18.08.040 Sewer Service Outside City Limits. Book, J ,.., ¡;.§' , CSD 3/19/97 '. 18.08.050 Refunds, Back Charges, and Changes inUSe Resulting in,Dijferent Rates, Sewer Service Charges and/or Connection/Capacity Fees. 18.08.060 Equivalent Dwelling Unit Determination. CHAPTER 18.10 ANNEXATION & EMERGENCY CONNECDON AGREEMENT FEES. 18.10.010 General. 18.10.020 Annexation Application Fee. 18.10.030 Emergency Connection Agreement and Fee. CllAPTER 18.12., SEWER CONSTRUCTIQN ~IMBURS~NT CQ~çnON iJESa 18.12.010 Purpose. 18.12.020 Procedure. 18.12.030 Term of Agreement. 18.12.040 Reimbursement of Costs by Benefiting Property Owners Connecting. 18.12.100 Ackennan Reimb~ent Connection Fee (92-01). . 18.12.120 Boczanowski Reimbursement Connection Fee (89-03). 18.12.121 BoscblColton Reimbursement Connection Fee (96-01). 18.12.122 Bukamier Reimbursement Connection Fee (96-02). 18.12.140 (Reserved: C). . 18.12.160 Du Vivier Company Reimbursement Connection Fee (86-58). 18.12.180 (Reserved: E). 18.12.200 (Reserved: F). 18.12.220 (Reserved: G). 18.12.240 (Reserved: H). 18.12.266 (Reserved: I). 18.12.280 (Reserved: J). 18.1.2.300 (Reserved: K). 18.12.320 (Reserved: L). 18.12.340 Mahon Reimbursement Connection Fee (91-04). 18.12.360 (Reserved: N). 18.12.380 O'Connor Reimbursement Connection Fee (89-02). 18.12.381 Olivenhain Sewer Joint Venture (Cover) Reimburse. Connection Fee (93-01). 18.12.400 (Reserved: P). 18.12.420 (Reserved: Q). 18.12.440 Riley Et AI Reimbursement Connection Fee (93-06). 18.12.460 (Reserved: S). 18.12.480 TresterEt AI (9th Street Extension) Reimbursement Connection Fee (93-04). 18.12.500 (Reserved: U). 18.12.520 (Reserved: V). 18.12.540 Wakeham Et AI Reimbursement Connection Fee (~3-03). . 18.12.560 (Reserved: X). ' . 18.12.580 (Reserved: Y). 18.12.600 (Reserved: Z). ScM*' ' I ,..... /:14 CSD 3/19/97 . CHAPTER 18.16 SE~RCONSTRUCTION~QmREMŒNTS. 18.16.010 Purpose. . 18.16.020 Sewer Utility Holes must be Accessible by District Maintenance V emcles. 18.16.030 Installation of Sewer Lateral Connections ftom Main to Property Line are Required for Unconnected Properties Whenever a Sewer Main is Constructed. 18.16.040 Cost of Sewer Lateral Construction. 18.16.050 Separate Sewer Laterals. 18.16.060 Privately Owned Sewer Pumps. 18.16.070 No Suñace Water Connection Allowed to the Sewer System. 18.16.080 Excavations to be Properly Barricaded and N()ticed. 18.16.090 Sewer Utility Easements. 18.16.100 Inspection. 18.16.110 Responsibility for Damages to Sewers or Streets by Person Doing Work. 18.16.120 Sewer Construction Permits. 18.16.130 Sewer Lateral Cleanout Covers Required. CHAPTER 18.20 COST RECOVERY FOR PROTECTIVE SE~R SERV{CES. 18.20.010 Purpose. . 18.20.020 Sewage Spills are Unlawful. . 18.20.030 ' Reimbursements Required. 18.20.040 Report. 18.20.050 Notice to Responsible Party. 18.20.060 Action by District Board. CHAPTER 18.24 INDUSTRIAL W ASTEW A nR PRET~ TMENT ORDINJ\NCE. 18.24.010 Title. 18.24.020 Purpose. 18.24.030 Scope. 18.24.040 Adherence to Pretreatment Sections of San Diego County Unifonn Sewerage Ordinance. 18.24.050 Industrial Wastewater Discharge Permit Required. 18.24.060 Issuance ofIndustrial Wastewater Discharge Permit. 18.24.070 Fees for Industrial' Wastewater Discharge Permits. 18.24.080 Pretreatment Plans Required. 18.24.090 Access for Monitoring. 18.24.100 Self-monitoring and Reporting. 18.24.110 Public Access to Information. 18.24.120 Revisions to Permits. 18.24.130 Permit Expiration, Revocation or Suspension. . 18.24.140 Violation -- Disconnection of Facilities -- Reconnection Charge. 18.24.150 Notice Qf Intention to Disconnect Premises. 18.24.160 Enforcement. Book' J ,...., J~3 I CSD 3/19/97 . ÇHAPT~R 18.21 CONFLICT QF INTEREST CODE. 18.28.010 Purpose. 18.28.015 Amendment and Review. 18.28.020 Definitions Incorporated. 18.18.030 Standard Code. 18.28.040 Filing Officer. 18.28.050 Disclosure Categories. 18.28.060 Positions of District Representatives Employed by City of Encinitas. 18.28.070 Board, Commissions, and Committees. 18.28.080 Consultants. . . Soak' I ,..... I~ 1 I CSD 3/19/97 . CAIU)IFF SANITATION DISTRICT CODE TITLE 18 C~ter 18.01 General Provisions. Ch~ter 18.02 Otpni7.atton. Ch~er lØ.04 Gene~ Sewer R~i1l1ations. Clvtpter 18.08 Sewer ConnectionlC9acity,Fees ~d Sewer ~~ C~es. Cttapter 18.10 Anne~on & E~en~ CQnnection A.~ent Fees. Ch~~r 18.12 Sewer Con~Jrnction Reimbursement Connection Fees. C~ter 18.16 Sewer Constmction Re<¡J1Ïrement.~. 'ChJ\Pter 18.20 CostRecov~ for Protective Sewer Services. . C~ter J 8.24 In4ustrial Wastewater Pretreatment Ordin8.Ilce. Conflict ofInterest Code. ChJtPter 18.28 ) . Book' J ,...., /~J 'e CSD 3/19/97 . CARDIFF SANITATION DlSTRIcr CODE CJIAPTF.R 18.01 GENRR A L PROVISIONS 18.01.01 0 ~~. It is the pûrpose of this Title to establish prQCedures and regulations for the use anq protection of the District's sanitary sewer system 18.01.020 Sev~. If any provision of this Title or the application thereof to any person or circumstance is held invalid, the remainil\g portions of the Title and the application .of such provisions toøther persons or circumstances are to be considered valid. 18.01.030 Definitions. For, the purposes of this Title, the words set out in this section shall have the following meanings: "Awli~t" means any person or group of persons who applies for sewer services. "Coat" me,ans the cost of labor, material, transportation, supervisi0t4 engineering and all other necessary overhead expenses. . "Custnmv" means any person, firm, association, corporation or government agency served or entitled to be served sewer service by the District for compensation. "~" means any person or group of persons, including contractors, corporations or ' public entities, who request to extend or connect to the sewer system. "Exten!\lim;1" means an extension of an existing sewer main. "EQJllvaient Dwellini Unit (EOQ)" means the unit of measure which is based on the flow characteristics ,of an avemge single-family residence in tenns of sewage quantity and constituent quality. "Fiscal Year" means the period from July 1 to June 30, both inclusive. "Fi$re I Juit" refers to the definition provided in the Unifonn Plumbing Code (UPC) as being a quantity in tenDS of which the load producing effects on the plumbing system of different kinds of plumbing fixtures are expressed on some arbitrarily chosen scale. For example, the following kinds of fixtures have been assigned the following number of units under the UPC: Bathtub - 2 units; single lavatory wash basin - 1 unit; single stall shower - 2 units; drinking fountain - 1 unit; floor drains .. 2 units. This definition offixture unit and the number of units assigned will change in this Title concurrently with changes in the Unifonn Plumbing Code. . "~"means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food. Book' I ,...., /;'0 . CSD 3/19/97 . "C~" means çy material which is ~le ftom, an acidified sample of water by hexane or other design$Jted solvent and as determined by the appropriate procedure in standard methodS. "Grease" includes fats andQils. "Greaqe ~4>f' means a pretreatment device designed and installed to separate fats, oils, and grease ftom wastewater. "Industrial W3Ste" means solid, liquid, or gaseous substances discharged or flowing ftom an industrial, manufacturing, or commercial premiSes resu!tÎng ftom manufacturing, processing, treating, recovery, or development of natural or artificial œsources of whatever nature. "IudnqQjal W~ctteWSl~" means all water-carried wastes and wastewater of the community, excluding doInestic wastewater and uncontami1}ated water. Includes all wastewater ftom any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. ' These may also include wastes of human origin similar to domestic wastewater. "In~tor Line" refers to a large sewer line to which many trunk lines are connected and which serves the primary purpose of transporting sewage ftom trunk lines to the disposal. "Mmn QrSew~ ~.pn" isa sewer pipeline in, the sanitary sewer system of th~ District. Individual service laterals discharge sewage into sewer mains which convey the sewage toward . trunk lines and interceptor lines and ultimately to the disposal. "Û\\11er or PmpetV ~II 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,Jife tenant, fiduciary, lessee or licensee holding under government lease or license of real property. "Persog" means any individual, property owner, partnership, co-partnership, fmn company, corporat;ion, 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. "J2H" indicates the intensity of acidity and alkalinity, on a pH scale nmning ftom 0 to 14. A pH value of 7.0, the IIlidpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity. "Premi~" means any lot, piece or parcel ofland, building or establishment. "Pretreafn)ent or Treatment" is the reduction of the amount of pollutants, the elimination of . . pollutants, or the alteration of the nature of pollutant properties in wastçwater to a less harmful state prior to or in lieu of discharging or otherwise introducing to the sewer system. Book, I ,.., I/'J ~ CSD 3/19/97 . "R~~I~r Sewer Service" m~ the sewer service and facilities rendaed for normal domestic and ÏJ)dustrial or commercial purposes on a permanent basis and ~ sewer system available - therefore. "SanjtaQ' ~er 91' Sewer" shall mean a sewer which carries sewage and to which stann, surface, and groundwaters are not intentionally admitted. "Self-~Kenerarini or Auto~c Water So~W" is a water sofier).er unit which is a water conditioning apparatus such as zeQlite and resinous ion-exchange softeners or diminerlizers or other like devices which require the periodic discharge of brine solutions in their operation. "S~t;" means the waterborne wastes derived ftom ordinary human living P~and of such character as to pennit satisfactory, disposal, without special treatment" into ,the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems. "Sew~ BWkJ-jnr or Ho~" 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 comm()n sewer. "Sewer Lateqd or Semce J .~t~J" means the service pipes extending ftom the private property line' to the public sanitary seWèr main in a public street, alley or easement. It is the connection of any domestic, commercial or industrial sanitary sewer lines to the District's system . after the payment of established, fees and charges and District approval. , "Sewer. Private" refers to a privately owned sanitary sewer which is not directly controlled i , by the District. "Sew~r- Publiç" refers to the sanitary sewer system under the jurisdiction of the District and 1 the sewage treatment plant where the sewage will be processed. "Sewer Svstem" means the sanitary sewer system of the District. Includes all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of,sewage. ' "SW¡" ,means any discharge of water, sewage or industrial wastes which in concentration' of any given constituent or in quantity of fJow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration of flows during nonnal operation. "Stand~rd Methnn~"means the current edition of Standard Methods for the Examination of Water and Wastewater as pul1lished by the American Public Health Association, and Water Pollution Control Federation. "S~Dded Solids" means solids that either float on the, surface of, or are in, suspension in . water, sewage, Or other liquids; and ,which are largely removable by laboratory filtering and as ~ by the appropriate procedure in standard methods. . Book, } P9' J Ii " 'CSD 3/19/97 . "Inmk....Linc" means. a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage 1Ì'Om sewer mains to the disposal. "Utility Hole" is an access to underground utilities. It is also referred to as a manhole. "WastewAt~" means waste and water, whether treated or untreated, discharged into or pennitted to enter a public sewer. 11.01.040 Grammatical In~~oQ. 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 sball include the feminine; C. The word "shall" is man4atory and "may" is pennissive; 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. . . . &oak. J ,.. }/7 CSD 3/19/97 " . CARDIFF SANITATION DISTRICT CODE CHA~\u.18.Q2 ORGANT?A TION " 18.07.010 Dtsgict Board R~¡ular MeerittiS. A. Regular meetings of the Cardiff Sanitation District Board of Directors shall be held on the fourth Wednesday of each month and Sháncommence at 6:00 P.M. B. Regular meetings shall be conducted in the City Council Chambers of the City of Encinitas at 50S S. Vulcan Avenue. C. If a regular meeting falls on a holiday, the regular meetin~ ,shall be held on the next business day. (Government Code §36808) 18.02.020 Û17¡ani:mtion. A. The District Board shall appoint a Pistrict Manager to conduct the business of the District. . B. The District Manager may appoint an Assistant Pi strict Manager and other officers of the District. "8 Book. J ~, /11.0 , CSD 3/19197 . CARDIFF SANITATION DISTRICT CODE CHAPTRR 18.04 GENRRAL SEWER REGULATIONS 18.04.010 ' Title. This Chapter shall be known as the "Cardiff Sanitation District Sewer Regulations Ordinance." 18.04.020 Pntpnse of Rules and Rervll'ttiQ.Q5. The purpose of these rules and regulations is to set forth the tenns and conditions under which the District, will authorize connections and provide sewer service to customers. 18.04.030 S~)Ver SY8Ìen\. The District, will furnish a system, works and in.ftastructme used for and úseful fQr collection of domestic and'iÎ1dustrial sanitary sewage, including all parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract rights, ftanchises, and other sewage collection facilities and equipment. 18~04.040 Sewer $enñce ~ COWtect1op Co{Jdinons. 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 District. The construction, instalIation, or repair of sewer service laterals and . house ~ and connections to the sewer system shall be completed to the satisfaction of the District Engineer or his representatives, and. in accordance with all existing laws, ordinances, and rules of the District, City of Encinitas, County of San Diego, and the State of California or any department thereof. The type of sewage discharged into the, sewer system shall meet the requirements and restrictions of the San Diego County Unifonn Sewerage Ordinance and the San Elijo Joint Powers Authority. 18.04.050 Tamperin¡ with District Pr~. No one except an employee or I rq>resentative of the District shall at any time in any manner operate the valves, motors, gates, ma- chinery, sewage treatment plant, sewer utility holes, or siphons of the District system or interfere with sewer lines or other parts of the sewer system. 18.04.060 D~,.. to Distqct Sewers. No person shall willfully. break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the District's sewer system. Any person who willfully or negligently damages any District sewer or facility thereto is liable for the cost of repair, including the cost of replacement thereof. 18.04.070 RiaJIt to ~t and. Enter Private PrQ~ for Work within Sçwer Easementc;. With the permission of the property owner, the officers, employees and agents of the District bearing proper credentials and identification shall have the right to enter upon any premises within the District to inspect and'detennine if this Title is being complied with, and for the purposes . of, but not limited to, ipspection, observation, measurement, sampling, repair, replacement and maintenance of any portion of the sewer system within any easements on the property. Book' I Pale' lIS- CSD 3/19/97 . .1.8Jl4 . 08 0 Unlawful to Make Sewer ConneeQon withollt¡~yment ofF~. A. No person shall connect to the District's sewer sy$tem without first submitting an application for sewer connection/capacity and obtaining the approval of the District Engineer authorizing such connection. 1. Approval of the application shall be given if the applicant is able to deliver sewage to points and elevations designated by tho-District and has paid all related fees' and charges. 2. All applicants for new connections must provide evidence that the property or properties to be served 'are within the boun~ of the District or shall have submitted a request and "Consent to Annexation" to the District and paid the prescribed fees and charges for such annexation and complied with all local and State laws related to annexations. B. It is wùawful for any person: 1. To pb¡ce, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first obtainil'lg a permit ftom the District 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 W8stematerials originating on the Premises tQ which a sewer connection pernHt has been issued. 18.04.090 Epforceme~t Measu~ in Case of DetinqQençy. 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 accordance with the law: A. Any steps authorized by law to collect fees and charges; B. DisconnélCt the premises ftom the District's sewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States ~ with return receipt, or by posting such notice on the premises; the os:cupant will be given the opportunity for informal hearing with the District Manager prior to said discOnnection, and if requested, within five days thereafter appeal to the District Board; concurrently with the dis- connect, a copy of the District's notice to occupant will be fumished'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 District Board. 18.04.100 Møintenßnce of Sewer ~ateraI. . A. The property owner serviq=d by a sewer lateral shall be responsible for cleaning, maintaining and repairing the sewer latera1between the sewer main and the lateral connection to the structure. J 1/4 : ..., ,., I j CSD 3/19/97 . B. The property owner shaI1 do such work at the property owneJts sole expense and only after the required pennits have been issued. C. When it is necessary for the District to relieve stOp-ups in the service laterals, the owner of such property shall reimburse the District for the cost of the removal of such obstroction. 18.04.110 Restrictions ReJatinv to Use of Public Sew~. 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 1Ì'om an, uncontaminated cooling system, swimmil1g pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission 1Ì'om the District Engineer in conformance with 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 tanklcesspool wastes, or dispose of anything into any sewer and/or sewer utility hole without the written pennission of the District 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 District Engineer prior to comínencing 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 District Engineer or his representative before being backfilled. D. No person shall fill 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 District 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; Book, J ,..... //3 CSD 3/19/97 . 3., Gasoline, benzene, naphtha, ~l oil, or other flam",able or explosive liquid, solid or gas; 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public halardand nuisance; 5. PainÍ$, or ~ products 1Ì'om paint m~J)facture; 6. Garbage that has not been properly shredded to a size of one-fo~ inch or l~ so that all particles will be canied fteely under nonnal flow condîtions 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 interference with the proper Operation of the sewerage works; 8. Water or wastes having a pH lower than 5.5 or hi8hef,thaD 11.0 or having any other con;osive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works; .' 9. Water or wastes containil1g any substance in sufficient quantity to discolor, uvure, disrupt or interfere with the nonnal operation of any sewage treatment process, constitutë a hazard to hwnan or animal life, create a public nuisance, or significantly lower the quality of the receiving waters; ,l , f 10. Water or wastes containing suspended solids of such character or quantity that unusual a~on or expense is required to handle such materials at the ~e treatment plant; , 11. Unusual volume of flow or concentration of wastes constituting 'i, ;, "slugs" as defined in Section 18.01.020; 12. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the District Engineer in compliance with the applicable state or fedCraI'regulations; 13. ' Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or 14. Water or wastes containipg substances which are not amenable to treatment or reduction by the treatment processesnonnally employed. . Book, J ,.., J I~ .', CSD 3/19/97 . 18.04.]20 ~n¡ Intetcq)tonllGrease T~~. A. No person shall disch,arge or cause to be discharged any fats, greases, and waxes to the sewer system if tb.eir concentration and physical dispersion results in separation and adherence ro sewer structures and ~urtenances. 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 sbaI1 be installed when deemed necessary by ,th,' District Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other hannfu1 ingredients. All interceptors shall be of a type and capacity acceptable to the District Engineer and shall be located as to be readily accessible for cleaning and inspection. B. Grease Ìmd oil interceptors shall 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 shall be gastight and watertight. . C. All grease, oil, and sand interceptors shall be maintained in continuously ef1icient operation at all tUnes by the owner at his expense. In the maintaining of these interceptors, the owner shall 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 District Engineer. 18.04,]30 Surch~~f"., 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 mgIl of organic ~ or oil shall be obligated to pay a sW'Charge, 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 District services required to remedy the effect of the discharge. 18.04.140 Self-re¡eneratina- or Autof1\~tic Water Softeners Prohibited. A. ' It is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regenerating water 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 ~und, natural or artificial storage reservoir, or which might impair Or contribute to the impainnent 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 District sewer shall be removed on demand of the District Engineer. Should any such installation not be . removed on demand of the District Engineer, the District may remove such installation at the expense of the customer or take action to disconnect the premise in accordance with this Title. Book, I ,.., III ~ CSD 3/19/97 ., 18.04.150 Sc;mc Tanks. (See City of EncinitasMunicipal Code Section 11.04.020, , subsections N and 0) 11.q4. ~60 ViolaVon - Penaltx. For the failure to cmnply with all or any part of this Title, any ordinance, resolution or order of the District pertaining to the delivery of public sewer services, in addition to any other penalty or remedy provide by law, the District ,!Day discontinue sewer service in accordance with an order of court. Any person violating any of the provisions of this Title is liable to the District for any expense, loss or damagê, and for any increase in the cost of maintenance or repair, occasioned by the District as a result of such violation. . ,. i~ r: 1:. i!' ,'j ~" fì;' ¡" ~, . an.. , I ,... 110 [,:, ' CSD 3/19/97 . CARDIFF SANITATION DISTRICT CODE CHAP'ŒR 1 R.O~ SEWER CONNF.r.TION/CAPACiiV-~Ês :¡~ SEWRRSERV{rE CHARGES. ~P~~~~~. 0 J\p¡)lication for Sewer Connections and/or ~ Sewe1' Service -Applicant. A. Applications. Applications for sewer connections/capacity and/or sewer service shall be submitted at the En~ Services, Department counter at the Civic Çenter on prescribed forms provided by the District. B. Compliance of Applicant. Application approved, for sewer ,service and/or sewer connections will signify the applicant's willingness and intention to comply with all 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. 18.0RiO20 Sewer Connection/CapacitY F~. . A. The sewer connection/capacity fee shall be set.by ordinance. (See HIS § 5474) B. Connection/capacity fees and inspection fees are due and payable at the time 'of applicatiog. fora Wastewater Discharge Pennit. The number of equivalent dwelling units shall be used to compute the amount of the connection/capacity fee. C. If the Proposed connection cannot be made, the fee will be refunded when approved by the District Engineer. 18.0R.O30 Sewer Service ~. A. The sewer service charges shall be set by ordinance. (See HIS § 5471) B. A sewer service" charge is levied and assessed upon each premise which discharges sewage that ultimately passes through the District's sewer system. C. The record owner of the property 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 oWDerof the property of the responsibility for payment of the sewer service charges to the District. . D. Sewer service charges may be collected either through the tax roll or the County of San Diego, on the property's water bill based on water consumption, or by isstiinga manual bill for "-lee / ,...., /tJ9 - CSD 3/19/97 . payment The ,method utilized is detennined by the District Engineer based upon the esb11'\ated volume and type of Wastewater discharge into the sewer. E. Payment of sewer service charges for new connections are paid for at the time the Wastewater Discharge ,Permit is paid., 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 due between the day of application and th,e next billing in which the account can be included on the tax roll. This prorated amount shaH be paid at the ~e the Wastewater Discharge Permit is issued. , 18.08.040 Sewer Seryi~ Outside CitY Limits. When it appears to be in the best interest of the CitylDistrict and the people thereof, the CityfDlstrict Manager may prepare an agreement for property situated o~ide the City of Encinitas boundaries to be permitted to connect to the District's sewer system. The agreement may state the tenns of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service. ~~~ ,Befimd.. ~ .Ç~i~F;.haD¡OS io Use ResWljna i~ Diftèrent Rates. Sewer Semce Cfuu'aes and/or ConnectionlC 1 . A. ~ Rates. Whenever, the use of any premises previously connected to the District ~stem is changed so that there is a fee applicable to such premises increased fiom that which existed ,at time original application was made, there shall immediately become due, owing and payable to the District the increase in fees applicable. The charges imposed by this regulation shall becolJle delinquent sixty days following the date it becomes due. B. Back Charges for Unpaid Sewer Service. The District Engineer is authoIjzed 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. C. Refund/Reduction of Sewer Service Charges and/or Connection/Capacity Fees. The ' District Enaineer is authorized to allow refunds of ann1.UÙ sewer service charges and/or ¡~ . connection/capacity fees to non-discfuqing parcel owners and tò property owners which have been ~: over-charged for sewer service and/or connection/capacity fees. The District Engineer is authorized to ';, discontinue assessing non-discharging parcels for sewer service and to reduce the assessment of over- charged parcels to an appropriate level of service charge. Only those amounts which were over- charged will be refunded, and without accrued interest. I 18.08.060 Eqp.ivatent Dwellini UIÜ;tDet.ennination. A. RESIDENTIAL. The number of equivalent dwelling units (EDU) assigned to each structure is ~ as follows: .. 1. Single F8J;Dily Residence, 1.0 EDU per each individual dwelling unit, per lot :~" I " IIJ<{ ': ..., ,.... , ,,\ , ., CSD 3/19/97 . (Includes manufactured homes, and mobile homes which are on private lots). 2. Residential condominiums I.OEDU 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. 4. Mobile Home and Trailer Parks, per each individual space. ... O.S EDU a. Mobile Home - O.S EDU b. Trailer Space O.S EDU c. Recreational Vehicle Park, O.S EDU occupied or not ... Any accessory facilities such as laundry, dining, recreational area, residence, etc., ~ be considered separately in addition to trailer spaces, as per this ordinance. . B. COMMERCIAL/INDUSTRlAL/SCHOOL FACILITIES. 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-creamlyogurt shops, bakeries, or equivalent (sales on premise only). c. i. Take-out/eat-in restaurants with 3.0 EDU disposable utensils, but with minimum se.ating and public restrooms. - ii. Restaurants with re-usable 3.0 EDU utensils, seating and public mil1i1Tlum restrooms, includes cocktail bars. One EDU is assigned for each 6-seat . unit as follows: 1-18 seats = 3.0 EDU (minimum); Each additional 6-seat unit wül be look, I ....., lð7 - -'~ CSD 3/19197 ,. assigned 1.0 EDU. The number of seats will be, equal to eighty percent of the maximum occupant load for the eating area as defined by the cwrent Unifonn Building' Code. 2. Hotels and Motels;. a. Per living unit without kitchen 0.38 EDU b. Per living unit with kitchen 0.60 EDU ' . Ariyaccessory facilities such as laundry, èüûng, recreational area, rçsidence, 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 LaundrieslDry Cleaners, Mortuaries, and all variations thereof, and Establishments not Specifically Listed Herein. 'I. a. Any office, store, motor-vehicle wash, or 1 industrial condominium or establishment i. First 1,000 square feet 1.2 EDU ü. Eaçh 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 following EDU's shall apply. This shall include, but not be limited to sh9pping 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. J';,8 ::1 ' 4. Self-service Laundry~ Per Washer. 1.0 EDU ", Book' I ,..., /(J~ " ~l ~, ' ~; . CSD 3/19197 . 5. Churches, theaters, and auditoriums per 1.5EDU each ISO person se.ating capacity, or ftaction 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 SO pupils or fewer b. Junior High Schools, 1.0 EDU for 40 pupils or fewer c. High Séhools, 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 District 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 hospital$, 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 1 5 beds licensed by the . County De~ent of Social Services. Book. I ,...., ¡OS- ,,", 0, ".~ -- CSD 3/19197 i8 d. Community Care Homes with six or 1.0 EDU fewer total residents, including resident staff and 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 bedslresidents, as per this ordinance. 8. Automobile Service Station. a. Four gasolineidieseVnatural gas 2.0 EDU pumps or less b. More than four gasolineldieseV 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 ,'8 fixture unit increment. 10; Other. In the case of commercial, industrial, and other establishments not included in CommerciallIndustrial items (1) ~ugh (9) inclusive, or when the EDU's specified in items (1) through (9) are not representative of actual flow due to the number of pployees or type of operation, the number of equivalent dw~l1ing units shall be determined in each case by the District Engineer and shall be based upon the estimated volume and type of wastewater di~harge into the sewer., ':"'8 :.¡ ., I Book, l P88e, loLl ~;' ,> - ~ . CSD 3/19/97 CARDIFF SANITATION DISTRICT CODE CHAPTER 18.10 ANNFJ(A nON ~N.P EMRRñÊNêÿ. ~~~('TION AGI{EEMRNT FEF.& 18.10.010 GenemJ., In addition to any other fees established by the District, """-lion tèes shall be paid in acconIance with this Chapter, Cardiff SlIDitation Dis1riçj only provides sewer service to properti~ wlúch an: within the District boundaries or wlúch an: served by an BgIeIUDent approved by the Cardiff Sanitation District Board. Annexation to the District is required befure a propèrty can connect to the District's sewer system if the property is located outside of the District bouudaries. œ lease see Cardiff Sanitation District Code Section 18.08.040 for properties which are located outside of the boundaries of the City ofEncinitas.) I~.1O.020 Ann~x~tion Application fee. A. An annexation application fee is required and is non-refundable. B. The annexation application fee and all fees involved with the processing the annexation shall become owing, due and payable to the District at the time the application is made 8 to annex a premise to the District. 18.10.030 Em~cy Connet'.tion A~emeQt ~d F~. A property owner can apply for an emergency COIUIecIion lI8=D1ent in the event that the ,San Diego County Health and Safety Deparm,ent has condemned lite property's undergrouod sewage septic system. An approved emergency col1QØCtÎon agreement allows the property owner to connect the property to the District's sewer system while an 31U1CXa1ion request is being />lOCCSSed. The application for an emergency connection agreement requires the payment of an emergency connection application processing fee, a completed annexation application, a completed LAFCO Out of Agency Service A&=mentapplication, a letter ftom either San Diego County Health iJepartment or . septÎc service coDlpany certifying the fi!ilure of th~ subjCCl, payment of aU annexation fees and or LAFCO Out of Agency Service Fees, and the approval of the Canliff Sanitation District Boanl. In addition, a sewer coDS1Jucüon permit is NqUÏled before the property can connect to the District sewer system. 8 80M, I ,...., 103 , CSD 3/19/97 8 C~IFF SANITATION DISTRICT CODE C~~~~~ .sEWR CONS~UCTION -~ J . or CONNRC1}ON F1tiS 18.1 ~ 0 I 0 ~. It is 1he J'III JOSc> of 1his Chapter to allow a reimbursement connection fee at \be time of coimection when the SI:Wel service has I-. made available by a privaœ developer prior to the time that.. District ~ have been able to make the sewer service availabI.. The )IIIIpose of ~ Ieimbursemeut CODII :!c Ìon fee is to reimburse ~ pel!Ion rÍva1e Y constructing the . sewer system which is dedicated to the public and offered to the District. 18.]2.020 PmrM~. A The DistriÇ( and the developer may - into a 1'cùnbursement II 'I:emcot in which the developer agrees to dedi..., the sewer JIIain to the public and oftèr the sewer JIIain to the District. B. Upon acceptance of the sewer main by the District in accordance with Section 4742.3 of the Health and SaIè(y Code, the District may adopt an ordInaoce ÎJ)IposjJIg a œÎIIIbursc:meu¡ connection fee for connections to that sewer main. The reimbursement connection fee shall be detenniued by the District I'.ngin= and shaII provide 1\mds to reimbtuse the developer for costs of the IIUIÌD which benefit odter property °Wllels which COIInect 10 the main The leÌlllbur:fement CO1UIeI:tion fee !!ball include a 6% per IIDI1UID simple inœn:st cbar¡e to p&rtia) y COIDpeDsatedeveioperfor his financing costs. The devclQper sbIùl not be reimbursed for his fair sIuue of the project coals (that portion of the improVement costs that diœctJy benefits his deveJo DtleDt). The District shall - the coßec1ed mmbwsement cotmection fc:cs to the clevel"",,- I""" adIniDistration fees and any otIièr costs or fees, in accordance with the tenDS of the reimbursement agreement. 18.12.030 Ten" of A~eqt. The period over which special connection fees are collected shall be either 10 or 20 years: A. Projects with a tQtal reimbursable cost of less than $50,000 shall have a 100y...- reimbursement period. B. I'n!iects with a W1aI œinibursement of $50,000 or- III>;! Û Wbicb the DisIriot Engineer estimaIes that less than two-thinis of the reimbmsetnents can be collected in 1 0 yèan¡ shaH have a 20-year reimbursement period. 18.]2.040 Rei~bu~ent of Costs by Be~fitini Prnnerty OwnfI!I'Q Con"'ectÏJ:~, When a - main exIoIIsion has ~ ÎIIStaUed and areimblUSelllent ~ amount has ~ approved by the District Board, any benefiting property owner, prior to connection to the sewer system. who, has not either himself or tbroughhiSpredecessor in interest contributed toward the cost of $UCh instaßation. sbaII pay to the District, in addi1ion to any sewer COIIIIOC Îon/capacity fees ",8 required by 1Iris Codè or any other orcliuaace of the Dimict, the rcúnbursoment Ì1oImectiOll fee fur such.~er main extension, at the rate provided for by ordinance of the District Board. Book, I ,.., Jt)J.. - CSD 3/19197 8 The following sewer reimbursement ordinances have been approved by the Cardiff Sanitation District Board: 18.12.100 \Yi1tiam J. Ac~ermAn ReiqlblmUmlent Connection Fee (92-01). In addit.ion 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 computed ftom the effective date of ÜIdinance No. 92-01, (I)ec:ember 10, 1992) until paid fur equivalent dwelling units connecting individuallateral(s) directly to the sewer facility known as CS079 located as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the Cardiff Sanitation District," as mOre fully set forth in the agreement filed in the Office of the District Clerk. ~ agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This section shall have no further effect on and after 10 years ftom the effective date of Cardiff Sanitation District Ordinance No. 92-01. ^ lfis agreement expires on December 10, 2002. 18.12.120 Philip aoczano~ld Reimbn1'V'.ment Connection fee (89-O~). In addition to any 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 ftom the effective date of Ordinance No. 89-03, (April 6, 1989) until paid for equivalent dwelling units connecting individpaJ lateral(s) directly to the sewer facility known as PC1971 located as shown on plan attached as EJdUbit A to the "Reimbursement Agreement Between Philip Boczanowski and the 8' Cardiff Sanitation District," 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 1 0 years ftom the effective date of Cardiff Sanitation District Ordinance No. 89-03. This agreement expires on Apri16, 1999. ~~ 1~~ ~OIKt and Lilly Bosch and Mike and Katie Colton ReimbImWrtPnt Connech~ F~(~U, In addition to any other fees fur connections to sewer lines within the '. District, there is established a reimbursement connection fee of $7,112.71 plus 6% annual simple interest computed ftom the effective date of Ordinance No. 96-01, (March 29, 1996) until paid for equivalent dwelling units connecting individuallateral(~) directly to the sewer facility known as CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of Akita . Lane in Olivenhain, as more fully set forth in the agreement filed 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 section shall have no further effect on and after 20 years ftom the effective date of Cardiff Sanitation District Ordinance No. 96-01. This agreement expires on March 29,2016. 18.12.122 ~ BulcAmier Reimb~ment Connection Fee (96-Q2). In additio~ to any other fees for connections to' sewer lines within the District, there is established a reimbursement connection fee of S 16,723.56 plus 6% ~ual simple interest computed ftom the effective date of Ordinance No. 96-02, (January 17, 1997) until paid for equivalcmt dwelling units connecting individual lateral(s) directly to the sewer facility known as CS121 located nmning easterly in Fortuna Ranch Road, thence northerly and thence easterly in Bukamada Lane in Olivenhain, as 8 more fully set forth in the agreement filed in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross mbursement connection Book, I, Pale, /ð/ , .-.. , CSD 3/19197 8 fec:., This section sbaU bave..1lO further effect on and after 20 yeats 1ìom 1be eff!dive date of CanIi1f Sanitation District Ordinance No. 96-02. This agreement expires on January 17. 20~ 7. 18.12.14OQJe,serve<t.O 18.12.160 Do Vivier Col11t)811Y Reimb~ent Connection }<'ee (86-~Ð. In addition to any other fees for connections to sewer lines within the District, there is established a reimburseft.ent COIUIection œ. of $1,240.00 per prinuuy benefiliDg """ and $620.00 fur each . secondaty benefiting ""'" that flows ØiæctIy or indùectiy through the sewec 1àciIity known ÌIs ' PCI846, plus 6% 8IIIIIIIIl simple in1erešt colDpllted 1ioJn the eftèetive date of Ordinance No. 87-01 (1811Uary 16, 1987) until paid for equivalent dwdJiug units connectiDg directly or indin:ctIy 10 the sewer line located 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 section sha1I hav" no further effect on and after 20 YCIIIS 1iom the eflèctive daœ of Cardiff Sanitation District Ordinance No. 81-0 I. This agreement expires on Janwuy 16, 201TT. 18.12.180 (Reserved: ij) 18.12.200 (Re.<;erved: F) 18.12.220 (Re.ClMVpd: Q) 8 18.12.240 (Reserved: I{) 18.12.260 (Re~rv~ 18.12.280 (R~rved: .0 18.12.300 (Reserved: K) 18.12.320 (R~rv~p: It) " 18.12.340 Michael 1. M~OO Reimbursem~t Colll1eetion Fee (91-04). In addition to . any other rees før CODneéti9118 to Ìièwer lines withiJI the District, tbère is established a I~ !. reimbursement connection fee of $2,264.16 pll S 6% IIIIDUal sûDpIe interest ÇOmputed Iìom the " effective dale ofOnIinancd ~o, 91-04, (October 10, 1991) until pa)d for equivalent dwelling units connecting individuallateral(s)direct1y to the sewer facility known as PC1989 located as shown on . plan atIacbed as Exhibit A to the "~ Agreement,betwæn Michael I. Mahon and the Cardiff Sanitation District," as more fully set forth in the agreement filed in the Office of the * District Clerk. The agreement states that the District retainS an administrative fee. which is 5% of " the gross reimbursement CODDection fee. This section shall have no fur1her effect on and after 10 years ftom the effective date of Cardiff Sanitation District Ordinance No. 91-04. This agreement expires on October 10,2001. .8 18,1~.36J! 1Reservq¡: N,) ." ..., J P9' )C() "",., CSD 3/19/97 . 18.]2.380 Patrick O'Connor Reimbtm;ement ConnPNiòn Fee (8~. In addition to any oIbcr fees for CODDections 10 sewer lines within the District,.1bere is established a reiInbursement COJIDecIiOll fee of $1,900.00 pi,.. 6% annual simple iIU=at COIDputed ftom the efli!ct¡ve dale of 0nIi0auce No. 89-02, (April 6, 1989) UUIiI paid for equivaIem dwelling units COIIQettÏu¡ ilidMduallaœrai( s) directly to die sewer Iàcility kDown as PC 1814 Iøcated as shown on pi.., lIIIadIed.as Exhibit Ato the "Reimbursement Agreco¡em I!et1 IeOD Palrick O'Coooor and the CaaIi1f Sanitation District," ... more fuUy set ~ in the &greement filed in the Office of the District Clerk. This section sI1aII have no furiher eflèct on and after 1 0 }'ears ftom the effective date of Cardiff Sarúlalion Distriçt 0nIiuanœ N<>. 89-02. This aa=mem expires on April 6. 1999. ' J8.]2.38] QJivenhain ~wer loint Venture (John Cov~) Rejn,bursem~nt ConneMioll Fee (93.01). In addition to any other 1'ee$ fur connections to sewer lines widün the District, there is estabIisbed a ~ èlmnection fee of $4,012.00 plus 6% annual simple inœrest COIDpuIed fiom the effective date of 0nIinance No. 93-0 I, (July 9, 1993) until paid fur equivalent dwelliDg units connecting individuallataal(s) direc:tJy to the sewer facility known as PCI889 or PCI906 located as shown on plan aIIached as Exhibit A to the "Reim~ ~ Betwœn OIi\'eDhain Sewer loÏ1l! Venture and Cardiff Sanitation District," as more fully set forth in the II I'eemeot filed in the Office of the Dmrict CIeiX. The agreement states that the District reIains an adtuinistmtive fee which is 5% oflhe gross reimbursement CODDection fee. This section shall have no finther effect on and afù:r 10 years ftom the eflèctive date of CanIitr Sauitalion Di$1rict Ordinance No. 93-01. This agreement expires on July 9, 2003. . 18.12.400 (R~ed: ~) 18.]2.420 (fte!i:P.~ed: Q) 18.]2.440 Michael ~~y Et AI Reimbur..m(;JIt Çonnection Fee {91-O6J. In addition to any Other fees fur connections to sewer lincs . 'within. the District, there is estabJisbed . reimbursement connection fee of $3,966.00 plus 6% annual simple ÎIIteœst computed fiom the eftècti ve dale of 0nIinanœ No. 93-06, (February II, 1994) until paid for equivalent dweJJiøg units COIUIecûng individuallateraI(s) diœctly 10 !he - fiIcility known as CS0251ocated running solllb in Ranc;þo Santa Fe Road, thence westerly in Whisper Wmd Drive In Olivenhain, as more fully IICI furth in the &greemen filed in the 01!ice of the District Cleric. The &greemen states that the District retains an administrative fee which is 5% of the gross reim~ conœction fee. This section sbaU have no further eflèct on and after 20 Ý"" 1ìom the e1Ièctive dale of Cardi1f Sanitation District Ordinance No. 93-06. This agreement expires on February 11,2014 . 18.12.460 (ft~ßd: S) 18.12.480 Paul Tre~ Et -61. (9th Street Extension) Reimbursement Conn~on F= ~-04) In addition to any otber fees fur conneoti- to sewer lines within the District, then: is esœblished a reiinbur-.ent connection file of$2,460.00 plus 6% -val simple ~ CODIputed &om August 4, 1983 until paid for equivalent dwelling IIDÎtS CODnecIing individual IaœraJ(s) . din!ctly to the sewer làcility known as PC16141ocated I1IDDÎDg I1QI1h in Cole Ranch Rood thence westerly in Ninth Street in Olivenhain, as more fully set forth in the agreement filed in the Office of .., I ,-, ~'i . CSD 3/19/97 8 d:Ie District Cletk. The &greemen stales 1hat d:Ie District œàÙIIs an administnttive 1èe wbic:h is Sl (, of die gross reûnbursement C<!IIDeCtion file. This section shaD have "" fur:dIer effect on and atIer 10 }'ears fium the clfective date of Cardiff Sani1atiOl[ District 0nIiøa0ce No.~. This aøreemeat expires on August 4, 2003. t 8.] 2.500 ~~~:LQ 18.]2:$20 (Reserv~ 18.]2.540 0 ~ Wakp.ham Et AJ..B.e.imbtmtement Connection Fee (91-0.1). In addition to any Qther fees fur °C<lllllilcÛc>ns to - lines witbin the DisIrict, there is estabfisboi¡°.4 rcúnlnusement COnnection fee of $4,316.00 plus 6% 8III1ùaI SÎlll !le imeœst Ø<>mputed 1ìom the effective date of ~ No. 93-03,. (November 12, 1993) UIIIiI paid for ciqui\ialeDt dwe1ling units conoectiIq¡ individuallaleraJ( s) directly 1p the sewer facility known as CSO 18 located rwmi "8 . west iã Ninth Stœet, 1hence northwesterly in Sereno View Road in OIivaùJaiø.1IS more fully set furth in the I\gIOemCJU filed in the Office of the District Clerk. The ~ states that the District retIúns an administrative fee Wbich is SO" of!hc gross œimbursemem COJII)ection fee. Thi,s section shall have no further effect on and. after 10 years 1Ì'om the effective date of Cardiff Sanitation District Ordinance No. 93-03. This agreement expires on November 12, 2003. 18.12.560 (Reservp.d: JQ ,80 18.12.580 (ReMrvN'I; '() ,c. ~. 18.12.600 (Reserved: Z) :," 8 Book, 1 ..... , ~ CSD 3/19197 8 CARDIFF SANITATION DISTRICT CODE CHAPTPR 18.16 SEWRR çONSnUçrrON RRQmREMPNT~ 18.16.010 Pnwo5C. The purpose of this Chapter is .to specify some of the District's requirements relating to sewer construction. 18.16.020 Sewer UtilitY Holes Mu.tñ be ACCMsibl~ by District Mainten9nce V~. The developer shall be required to grade an access road to maintein any public sewers constructed within easements and ~y 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 the District's publicly maintained sewer systçm, all new sewer mains shall be constructed only within maintained roadways that have all-weather surfacing. are ~~:~ncoa'.::,~~ wJ;::' a~':: ~~~. tQ ~~ ::= main is constructed, the developer is required to instaß.sewer lateral connections ftom the sewer main to the property line for ~.unconnected lot that could be served by that sewer main. In addition, the developer is reqUÜìl!l1i> show on the sew.. improvement plans the location of the all sew.. IaœraI 8 connections to the main as installed by the developer. 18.16.040 Com of Sewer r~J CO~U!tion. The expense of construction, installation, "'Placement, and JDaÎQtIinance of the appJþm' S sewer line and the District's lateral fiom the property line to the Dislrict main or collection sysIeÒI, inclqdiug but not Iùnirw to, Dislrict pennits, OXC8YIdion, pipe, wyes, tees, bacIdiU, suriàee resIonúiO l aIJd constnJctiO l of cleanout box aIJd property line cleanout is the responsibility of and Shan be borne entirely by the applicant 18.16.050 Sq)8mte Sewer Laterala. SeparQte sewer laterals are required for each single fiImiIy dwelling, and condominium. However. a separate -1a1!:nù is not requiœd fur an 8pplQV<d accessory unit to a single family dwelling, on the same lot. Every separate residential building or other building on one lot COIUIeCte<\ to the sewer sys(ém sbaIJ be sepIII'a1ely and independen¡¡y c°unecœd wi1l1 111. District sewer system. The exception to this rule, is 1he sùuation wbeœ there is a building in the rear of a lot without access to any other available sewer main. In this case, it may be connected with the sewer of the building in the Iiont of the same lot A)I condominiums shall have separate connections, unless a homeowner's association is fonned to manage and maintain the private sewer lateral. 18.16.060 Privately Owned Sewer Pump~, Private sewage discharge pumps may be permitted only if it can be detennined to the satisfaction of the District Engineer that no other alternative exists or that an unnecessary hardship is thereby created. The property owner of such 8 sewage pump assumes all liability and responsibility associated with the maintenance and operation of the sewage pump. No privately constructed sewage discharge pumps will be accepted into the District's publicly maintained sewer system. Book. 1 p.g., 97 CSD 3/19/97 . 8 18. 16.0.{Q..... No sum"", W""'('~qJI Allowed I.Q the ~ SYstem No pen¡on shall . make COnuectiOll 9f IOOf downspouts. exterior foundation draiJJs or ot!Iec soun:os of sudàce nmoff or ' groundwater to a building drain which in turn is connected directly or indirectly to a public sewer. 18.16.080 Excav~ons to be PrQ~rly Blp'ricacJPLf and NQÛœd. All excavations for b\IÏIding sewer ÎDstaIJation sba beadequateJy guarded wi1h ban:icades, lights, and sigoage so as to n"OÍect.1he public ftom ha2md. Stœcts, sidewaUés, pad<ways, sewer easemen1s, and othec public property disturbed in the course of,the work shall be restored in a timely manner, to the satisfaction of the District. 18.16.090 aeW~ Utility F~~ments. Sewer utility easements shall be obtained for all sewer main extensions,. except for sewer mains to be located within a public street. Under no cin:umstances shall .IUI)'. structuœ be placed over or around IUI)' sewer main 01' exteusion, or within . District utility easeUIent, unI... an encroachment permit bas been granted by the DiBtrict Eogineec. 18.16.100 In~oQ. Inspection of all sewer construction shall be made by personnel of 1he District or lis authoriæd I"CpI'OSenIativ as deemed necessary by 1he District Engineer. Sewer construction sha11include, but not be limited to sewers~ pump stations, treatment plants, Pretreatment faciliûes, food ~t làcilities, or other faciliûes which discluuge grease and oils that may cause blockages. Inspections may be made Ie detennine that such fill;ilities are being adequateJy maintained and ~ and meet the provisions of this Code. Sewer facilities under construction \ 8 sbaII be ~ periodically or as ~ed """""SIlly by the Dis1rict Engineer to - that ~ . . COIIStnætion COIIfumu; to the intent of the approved plODS and specificàtillDS, District design staJ dards ~. and other applicable codes. No person shall bwy or backfiU new sewers or !aIeraIs until ÎDspected by " >eßO1lne1 of the District or its autbori2led representative. No >eßOn shaU intertèœ with or deJay , entrance by an auihorized District ÎDspector atœmpting 10 inspect any sewer CODstruction. 18.16.110 ~q"¡bili1y ~ Dmu.., \Q Sewers or S~ by P~J' DoiQII Wo¡ ¡o Any person whOsbaU do or cause to be done worlc,.próvided 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 Con.4ttn~on Penn ita. A sewer construction pennit must be issued before the material sewer connection can .be made 10 the public sewer system. Prior 10 a sewer connection permit being issued the property must be within the jurisdiction of the District's sewer system, and the wastewater dischargepennit fees paid, as well as all other required sewer fees. In cases of sewer l~ installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge pennits may be deferred until prior to issuance of any building permits. Right-of-way construction permits are required when sewer construction pennits are issued for work in .the public right-of-way. The cost of all soils and material testing, as weD ... the cost of any DeCessaIy special inspect¡OD, shaU be directly borne by the applicantldeveloper. The applicant shaU provide security guaranteeing proper completion of tþe work conforming to Section 23.36.130.D. of the City of 8 Encinitas Municipal Code. A sewer construction pennit shall be valid for a length of time not to . exceed one year nom the date of issuance. Book, J- ,-.., q~ '"" "" CSD 3/19/97 8 18.16.130 Se~ T .at~1 Çleanout Cov~ Reqpire4" Cleanout caps or plugs are required on all cleanouts installe4 on sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight (upC 707.1) 8 . Sook , ~..... 9~ - ;: "-,r CSD 3/19197 . CAROm SANITATION DISTRICT CODE CHApn;¡ 18.2Q , COST ~RCOVERY FORPRÔffiêTî\; SEWER ~.ERVJCES 11120.010 ~ The pwpose of this Chapœr is to establish ~ fur obIai"ing reitnblJlSeltlent ûom responsible persons for I/¡e expenses of any 0ID0Jg0DCy 1"OSpODse by the District 10 protect the p1:1blic fÌ'om sewage spills and other heflth and safety concerns related to sewage. 18~Q.020 ~ ~ ~ UIIbiw.WL In IICCOIdance with the Health ODd Safety CQde Section 4476, a pmon who """'"" or allows to OVerflow, any sewage, sludge, cesspool or septic tank eØluent or accurmdaIion of 1nunan.eJ<aela, or any garbage, in or upon any s1recot, aJIey, public highway, or road in common use or upon any þlJblic ""* or other þlJblic property, or upon any private property into or upon which the public is admitted by 0I!IIement, license or otherwise is guilty of a misdemeanor. (Section 1.08.030 of the City of F.ntini1as Municipal Code states tIJat it is unlawful fur any peI$OD to """"'" cause, coQUllÍt or maintain a public nuisance wi1hi\1 the City and that the violaûoo of any regulatory provision of the City's Code constitutes a public nuisance.) 18.20,030 ~111 ~~ R "IIPmæ. A person wilt) acts negligently or in violation of the law IIQdtbereby tequires the Dislrict to provide an emet'gcnçy response to a danger posed by sewage . and/or hazardous substances shall reimburse the District fur the CQSts ÚK:UI1:ed. Jf the person does not ûnmediately conect the cause'andlor the resulting health and safety probleQ>, then the District is hereby authorized to coITect the problem situation ,at the person's expense. 18.20.040 Rq,nrt. District personnel involved in an emergency response shall submit a report to the District Engineer indicating: A. The costs incurred; B. The person or <;ntity lIppIœntIy responsible fur reimbursing the Dis1rict and the basis of the detennination regarding responsibility. 18.20.050 Notic~ to RemnnQibJe Pwtv.. A. If it is reasonably likely that the party identüied in the report is responsible for reimbursing the Dimrict, the Public Worics Dinx:tor DJay submit a demand to the identified party, the Public Works Director is authorized to, accept a reQSonableoffer of reimbursement B. The, Public Works Director may set tb¡ , matter fur ~"" heariug by the District Board. Notice of the date set for hearing and the report sh¡¡ be sent to the Jetson or entity to be chmged together with a copy of administrative hearing )XOCecIun,s contain in 1be Municipal Code. r.; -, ;ii 8aak .---1-..... . q~- . . , . CSD 3/19197 18.20.060 Action by Di~ Boarg, If the matter is referred to the District Board for administrative hearing, the District Board shall, by resolution: A. Co~ or disallow the charge, in full or in part; B. Determine the amount of the reimbursement owed by the party ~ the District; and C. Direct that the District commence collection proceedings against the party. . . Book, L ,.... . ~ . CSD 3/19197 CARDIFF SANITATION DISTRICT CODE CHAPTER 18.24 INDY ~~TRIAL W AS1:BW A TER PÎrnTRPA1.1rœW: 18.24.01 () Title. This Chapter shall be known as the "Cardiff Sanitation District Industrial Wastewater Pretreatment Ordinance." 18.24.020 Pntpnsc;. The purpose of this Chapter is to provide for the maximum beneficial public use of the District's wastewater system through adequate regulation of sewer œnstruction. sewer use, and industrial wastewater discharge, to provide for equitable distribution of the District's costs, and to provide procedures for complying with wastewater discharge requirements placéd upon the District by San Elijo Joint Powers Authority, and other regulatory bodies. 18.24.030 Scq~. This Chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this Chapter shall apply to the direct or indirect dischargçof all waste - iDIO. the District's SC\O<:r syoIem. This Chap er provides for the œ¡ulaûon of sewer COIIStnK:Iion in areas within the Cardìtf Sanitation. District bolllldaries, the QUantity and quality of discIIarged ~ the degree of wastewater pretreatment required, provision for fees and charges, the issuance. bf permits for industrial wastewater discharge, and the establishment of penalties for violation of the ordinance . codified in this Chapter. 18.24.040 Adœna.rwp to pl'êf:reatment Sechon.q of S.. Dieio' Coun~ Unifbrm Se~~ Ordinan~. No user shall contribute or cause to be contributed, direct1yor indirectly, any such influent .. that is . inconsistent with the County of San Diego Unifonn Sewerage Ordinance Seotions on ~ on fi1e in the Office of the District Clerk of the Cardiff Sani1ation Districl, and any amendments thereto. In the event of any inconsistencies between regulations approved by the County of San Diego Unifonn Sewerage Ordinance Sections on Pretreatment, the San Elijo Joint Powers Authority, the District Board, and other regulations adopted by the District, the more restrictive regulations shall apply 18.24.050 Indll.c¡4ial W~ter Discha~e Pe""i~ R~uireq. No person shall co~ to or otberwise discharge~ or cause to be discharged into the sewer system of the District, any industrial waste unless tbç DiStrict Engineer detennines that such discharge meets the industrial waste discIwge 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 may be required. 18.24.060 Is.cmance of I94u.'rtrial Wastewater Disc~t". Permit. Industrial wastewater permits may be co-issued by the District and the San Elijo Joint Powers Authority according tp this Code and San Elijo Joint Powers Authority regulations. No person shall discharge or cause to be '. disc:haq¡ed any ÎDdIIstriaI --- directly or iudin:et1y 10 sewerage làciliti.. wi1hout first oIJta;n;"8 a permit for industrial wastewater discharge. The permit for industrial wastewater discharge may require pretreatment of industrial waste before discharge, restriction of peak flow discharges, prohibition .., 1- ,...,~ . CSD 3/19/97 of discharge of certain waste components, restriction of discharge to Certain hours of the day, payment of additional chargeS to deftay increased costs created by the waste discharge, and such other conditions as may be required to effectuate the purpose of this Chapter. No permit shall be issued to any person to discharge industrial waste into the sewer system of the District 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 the 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 all 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 JndustriaJ WasteWRter Disc~e Permit¡. Fees may be charged by the District for industrial wastewater discharge pennits, for both the issuance of original pennits and renewals. 18.24.080 ~~tmfl!nt Plan~ ReqJJired. In the event the District Engineer detennines that pretreatment isrequirecno make the waste acceptable, the applicant shall be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shall be included within and become a part of the original / application. A permit shall not be issued until such plans, specifications and operational procedures 8 have been reviewed and approved by the District Engineer. 181~4.Q90 A~~ for MønitoriQi. When required by the District Engineer, the owner of any property serv~ 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 shall be cónstructed in accordance with plans by the District 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 detennined by the District Engineer - which may be the nearest downstream utility hole fÌ'om the point at which the building sewer is connectc;d. 18.24.100 Self-monitorin¡ and R~rtini. All industrial users shall be subject to self- monitoring and reporting requirements. The requirements for each applicable user shall be detennined by the District Engineer and included in the user's discharge pennit 18.24.110 Public A~~ tp Info11natiop. Infonnation and data provided by an industrial user identifying the nature and ftequency of a discharge shall be available to the public without restriction. Any infonnation 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 District Engineer that the disclosure of such infonnation or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets. . .., J ...... 9.L .' . CSD 3/19197 . 18.24 .120 ~si- fD Permns. The Pi$rict Engineer shall be empowored fD revise discharge permit requirements to comply with evolving federal, state, and loca1laws. Pennit revisions or modifications shall not be inconsistent with applicable federal pretreatment standards. 18.24.130 Permit E~itation- Tran~ffV"~. R(1yncation Qr S~~inn Any permit issued in accordance with 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. t8.24.140 ViQlation - Disconn~ti~ of Facilities - Reco~op. C~. The .District Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable state, federal or local laws or this Ch9ter or of any of the rules and reguJations adopted in the manner provided for herein. The District Engineer, in accordance :~ with the law, may disconnect Û'om the public sewer any connection to a sewer, main line sewer, or other ~ facility which is constructed, connected or used without a pennit, 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 District Engineer, has been paid. . I a .24.150 /'lotiI>' qf lqœn1jon to Qiscoq~ PremiSfoil. The District Engiœer sbaU 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 District Engineer determines that the danger is imminent and such action is , nee.essary 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 EnfO~)J1ent. The District 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 District Engineer and the District/San Elijo Joint Powers 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, testin¡, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provide in this Chapter. 8 Baok , ..... , 90 ,-, "..0' . CSD 3/19197 CARDIFF SANITATION DISTRICT CODE CHAPTER 18.28 CONFLICT OF INTRRP.ST CODE 18.28.010 ~se. A The Political Refonn Act of 1974 (Government Code sections 81000 et seq., "Act" herein), requires the District to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation 2 California Code of Regulations section 18730, which contains the tel'lD.$ of the Standard Conflict of Interest Code and amendments thereto by the Fair Political Practices Commission in accordance with the Act. B. This Chapter shall be known as the "Conflict of Interest Code" of the District. C. Nothing in this Chapter. is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the District and directs that no public official of the District shall make, participate in the making Or in any way attempt to use their official position to influence a District decision. in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act. . D. Nothing in this Chapter is intended to modify or abridge the provisions of the Act commencing at Government Code Section 87200, which requires the.Chairperson, members of the District Board, District Manager, District Attorney, District Treasurer, and other public officials who manage public investments to file a financial disclosure statement using F onn 721. E. This Chapter intends to designate those public. officials of the District who are involved in District decisions, and to require designated officials to disclose those financial interests (using Fonn 730) which could foreseeablybe affected, in a material manner, by a District' decision made by the official in the perfonnance of the official's responsibilities. 18.28.015 Amendment and Review. A. Amendment. 1. Çlj~'Pied Çirc~stances. Changed circumstances includes, but not limited to, the following: the creation of new positions which must be designated pursuant to this Chapter and relevant changes to the duties assigned to existing positions. (Government Code §87306, subd. (a).) 2. An)endm~ut Dq~ to C~ieñ Circumñanl'~, Within ninety days after the changed circumstances necessitating the amendment to this Chapter. become apparent, the' District Manager shall submit a proposed amendment to the District Board. (Government Code §87306, subd. (a).) . Book. ,..... <69 / . CSD 3/19197 3. M~ner of Amendment. This Chapter shall be amended by the District Board after a noti~ public hearing is held prior to introduction of the proposed amendment. (Government Code §8731 1.) B. Biennial Review. 1. No later _July 1 of each even-numbered year, the District Manager shall review this Chapter. (GovemmentCode §87306.5,subd. (a).) 2. If a change in this Chapter is necessitated by changed circumstances, it shall be amended pursuant to subsection A of this section (Government Code §87306.5, subd. (a).) 3. If no change in this Chapter is required, the District Manager shall submit a written statement to that effect to the District B~ no later than October. 1 of the same year. (Government Code §87306.5, subd. (b).) 18..28.020 ~finitions Incotpot'QJed. UnlCS$ otherwise indicated, the definitions of the Act, regulations and amendments thereto and binding judicial opinions thereon are incorporated herein, and this Chapter shall be interpreted in a manner consistent with such definitions. . )8.28.030 Standard çO<te. A. By this reference, 2 California Code of Regulations section 18730, the Standard Conflict of Interest Code, is incorporated herein together with each and every amendment thereto duly adopted by the Fair Political Practices Commission. B. The filing offiœr shall maintain three copies of the StandardCont1ict of Interest Code for the public review. 18.28.040 Pinna Officer. The District Clerk is the filing officer of the District. 18.28.050 Disclosure Ca~aories. , A. Cate¡oJy I - BlL~ines.c; PositionlInvestment Interests. Disclose each District-related" business entity in which the èmployeelmember holds a position or has a direct or indirect business investment worth more than $1,000. B. CateioJy 2 - Real PrQpertv In~$. Disclose each interest inreIÙ property located within the jurisdiction of the District in which the employeetmember hss a direct or indirect interest worth more than $1,000. C. ~ioJy 3. - Income Intere~. Disclose all income of the employee/member from any District-related somce aggregating $250.00 or more (or $25.00 or more in the case of gifts) . during the reporting period. ... Book' J P.'~ . CSD 3/19/97 .D. C~¡OQ' 4 - Less ~lusive R~portBhle Interests. Disclose all investment and tr'anagement interests in business entities (as described in Categories 1 and 3) contracting with or selling to the Districtbr which foreseeably could so contract or sell; and all income ftom a source (as described in Category 2) which sells or contracts with the District or which foreseeably could so sell or eoJ;rtract. 18.28.060 Positions. The following are the designated positions within the District together with the required disclosure category: Position Ca~i°Q' A. All positions as may be designated by resolution of the District Board ftom time to time. B. Member of the Board 1, 2, 3 e. Administrative Services Department 1. Director 1,2, 3 2. Financial Services Manager 1,2,3 3. Management Analyst 1,2,3 4. Budget Officer 1,2,3 . 5. Accounting Manager 1,2,3 6. Accounting Supervisor 1,2,3 ~ 7. Accounting Specialist 1, 2, 3 8. Senior Accounting Technician 1,2,3 9. Accounting Technician 1,2,3 10. Purchasing Assistant 1, 2, 3 11. Risk Manager 1,2,3 12. PeIJO~el Analyst 1,2,3 13. Personnel Officer 1,2,3 14. Information Systems Manager 1,2,3 IS. Information Systems Coordinator 1,2,3 D. District Clerk's Office 1. District Clerk 1,2,3 2. Deputy District Clerk 1,2,3 E. District Manager's Office 1. District Manager 1,2, 3 2. Assistant District Manager 1,2,3 3. .Management Analyst 1,2,3 . F. General Counsel 1,2,3 ..." ~..~ . CSD 3/19197 G. Engineering Services Department 1. Di~ct Engineer 1,2, 3 2. Senior Civil Engineer 1,2,3 3. Associate Engineer 1,2,3 4. Management Analyst 1,2,3 5. Engineering T echmcian 1,2,3 6. Engineering Inspector 1,2,3 7. Office Specialist 1~. 2, 3 - H. Public. Works Department 1. Public Works Director 1,2,3 2. Management Analyst 1,2,3 3. Management Assistant 1,2,3 4. Wastewater Collection Supervisor 1,2,3 5. Wastewater Collection Lead Worker 1, 2, 3 6. Maintenance Supervisor (Contracts) 1,2,3 7. Administrative Secretary 1,2,3 . 18.28.070 Committees. A. All members of committees designated by resolution of the District Board, from time to time. . B. Di~losnre Çate¡QJ:y Position Cate¡o-:y Committee Member 1, 2, 3 18.28.080 Consultants. A. "Consultant" shall include any natural person who pursuant to a contract with a local government agency, make fmal government-decisions or perfonn substantially all the$lU11~ duties for an agency that would otherwise beperfonned by an individual holding a position specified in the agency's conflict of interest code. However, that "consultant" shall not include a person who: 1. Conducts research and arrives at conclusions with respec~ to his or her rendition of infonnation, advic~ recommendation, or counsel independent of the control and direction of the agency or of my agency official, other than normal contract monitoring; and 2. Possesses no authority with respect to any District decision beyond the rendition of infonnation, advice, recommendation, or counsel. . Book ,---1--..... .~ . CSD 3/19197 B. Disclosure CateiOty Position Cate¡OJ:Y Consultant 1,2, 3 C. Limitation to the Disclosure Catçi°t;y. The District Manager may determine that a particular consultant, .although in a "designated position", is hired to perfonn a range of duties that is limited in scope and .thus is not required to fully comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, . based upon that desaiption,. a . statement of the extent of disclosure required. The determination shall be included in the CtJitract by which the consultant is hired by the District. The District Manager's detennination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. . . Book .---1--...... <:¡S-