1986-55 Sewer Capacity
. ORDINANCE NO. 86-55
AN URGENCY ORDINANCE RELATING ro ANNEXATIONS
TO THE CARDIFF SANITATION DISTRICI'
AND SEWER CAPACITY COMMITMENTS
The City Counc i1 of Encinitas, as and constituting the Board of
Directors of the Cardiff Sanitation District, does ordain as follows:
SECI'ION 1
The Cardiff Sanitation District has now utilized its entire share of
sewage treatment capacity in the San Elijo Water Pollution Control Facil i ty
(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 appl ications for wastewater discharge peDnits fran the Cardiff
.' Sanitation District. Issuance of further sewer capacity commitments and
connections of sewers thereunder, in excess of the Cardiff Sanitation
District' s share of sewage treatment capacity at the San Eli jo WPCF
threatens the public health, safety and welfare.
SECI'ION 2
The Cardiff Sanitation District shall refuse to accept applications for
waste discharge peDnits requiring capacity unless accompanied by a sewer
capacity commi tment. Those applications which are in process for a waste
discharge peDnit requiring capacity, and are not acoampanied with a sewer
capacity commitment, are hereby denied without prejudice and may be
reinstated when this ordinance is no longer in effect.
Those sewer capacity commitments which will expire after October 1,
8) 1986, and which have not, by their expiration date, been connected to the
sewer will be revoked without prejudice when the expiration date occurs and
may be reapplied for when ;this ordinance is no longer in effect.
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. The Cardiff sanitation District shall make no futther new services to
the sewer system unless under both a valid sewer capacity commitment and a
waste discharge peDnit.
SECI'ION 3. ANNEXATIONS ro THE CARDIFF SANITATION DISTRICI'
(a) Any provisions of any previous Ordinance of this District or of the
UnifoDn Sewerage Ordinance (Ord. 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 is demonstrated by the applicant.
Extreme and unusual hardship shall be defined as follows:
(a) Health hazards created by failing septic tanks or other on-
site subsurface disposal systems.
(b) Any other extreme hardship, such as economic or financial,
. which is different fran that suffered generally by the public as a result of
the moratorium. Each claim of extreme and unusual hardship shall be ruled
upon by the Board of Directors on an individual basis.
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.
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 station, public
park or other public institution.
The District Engineer is directed to prepare a study and report on the
sewer capacity matters and make recomnendations to be presented to the Board
of Directors on October 27,1986.
This ordinance is adopted as an urgency measure and will become
8) effective immediately.
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.' PASSED AND ADOPTED this -.M.. day of ~ 1986, by the
following vote, to wit:
AYES : 1fv;, e.r / .Jk,c / ~i ~ 0 ~ t:Jnd ~
NAYS: ?U?1..L
ABSENT: 71 ø?t..L
..
ATTEST:
ßd~ In~~Qf tœ Board
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