1986-56 Annex Permits
ORDINANCE NO. 86-56
. ! AN URGENCY CRDINANCE RELATING '1'0 ANNExATIONS
'1'0 'DIE CARDIFF SANITATION DISTRICT,
SEWER CAPACITY ca.tHI'lMENTS, AND
WASTEWATER DISCHARGE PERMITS.
The City Council of Encinitas, as and constituting the Board of
Directors of the Cardiff Sanitation District, does ordain as follows:
SErTION 1
'Ihe Cardiff Sanitation District has now utilized its entire share of
sewage treatment capacity in the San Elijo Water Pollution Control Facility
(WPCF), as defined in its joint powers agreement with the Solana Beach
Sanitation District for operation of the San Elijo WPCF.
There are pending annexations to the Cardiff Sanitation District and
pending applications for wastewater discharge peDni ts fran the Cardiff
fit Sanitation District. Issuance of further sewer caPicity conmitments and
connections of sewers thereunder, in excess of the Cardiff Sanitation
District's share of sewage treatment caPicity at the San Eli jo WPCF
threatens the public health safety and welfare.
SECTION 2
Applications for sewer capac i ty conmi tment letters shall not be
accepted. Applications for sewer capacity conmitment letters which have
been accepted but for which no final determination has been made shall be
returned to the applicant with a refund of any fee paid. Sewer capacity
conmitment letters which have been issued for connections for which no
wastewater discharge permits have been issued, are suspended. Suspensions
will be lifted in the order of issuance when sewer capacity is available.
In the alternative, the holder of a sewer capaci ty comni tment letter may
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elect to cancel the letter and receive a refund of the fee paid.
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Applications for wastewater discharge permits shall not be accepted.
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Applications for wastewater discharge permits which have been accepted but
for which no final determination has been made shall be returned to the
applicant. Wastewater discharge permits which have been issued are
SUSpended unless a building permit has been issued in reliance upon the
issued wastewater discharge permit. The permittee of a suspended
wastewater discharge permit may elect to cancel the peDni t and receive a
refund of the fee paid therefor. Uncancelled, suspended permi ts shall be
reinstated in the order issued as capacity becomes available.
Provisions of this section notwithstanding, coamitment letters and
discharge permits will be issued where the applicant dEmonstrates health
hazards created b¥ failing septic tanks or other onsite subsurface disposal
systems.
.~) SECTION 3 ANNEXATIONS TO THE CARDIFF SANITATION DISTRICT
Ca) Any provisions of anY.previous Ordinance of this District or of
the Uniform Sewerage Ordinance COrd. No. 4727 as amended) to the contrary
notwithstanding, the Department of Public Works shall not accept any
applications for annexation to the District unless:
1. Extreme and unusual hardship must be danonstrated by the
appl icant. Extreme and unusual hardship shall be def ined as heal th hazards
created by failing septic tanks or other on-site subsurface disposal
systems.
2. The property to be annexed is contiguous to property that is
in the District under the same ownership on the date of this Ordinance and
is split by the District boundary line.
8) 3. The property to be annexed is for the use and benefit of
property owners within the District and is for a school, church, fire
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station, public park or other Public institution. 5
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The Distr ict Engineer is directed to prepare a- study and report on the
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&ewe r capacity matters and make reconmendations to be presented to the
Board of Directors on or before July l5, 1987. The matter will be set for
public hearing on August 19, 1987 to consider modifying, revoking or
extending this moratorium.
This ordinance is adopted as an urgency measure and will become
effective ~iately.
PASSED AND ADOPTED this ~7f1: day of tJ(!lo~ 1986,
by the fOllowing vote, to wit:
AYES: Shea/ S ff!e-~ Gflll1i' $/ J.1I1::(, an cllk.rleti
NAYS: none
ABSENT: nont..,
. RIO< SHEA, Chairman
Board of Directors
Cardiff Sanitation District
of the Board
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