Ordinance No. 510-08
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ORDINANCE NO. 510-08
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
ADDING SECTIONS 1.1.12 TO DIVISION 1 AND
4.3.12 TO DIVISION 4 OF THE ADMINISTRATIVE CODE
REGARDING SEWER BACKWATER PREVENTION DEVICES
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County ofEI Dorado, State of Cali fomi a, as follows:
SECTION 1 - POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding the requirement for the installation of sewer backwater prevention
devices.
SECTION II - DEFINITIONS
For the purposes of this Ordinance, the terms used herein are defined as follows:
A.
The District - The South Tahoe Public Utility District.
B. The Board - The Board of Directors of the South Tahoe Public Utility
District.
C. Administrative Code - The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances ofthe District, which establish the authority
and the principles for the decisions of the District, and provide the public
with guidelines applicable to District operations.
SECTION III - FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of EI
Dorado, State of California, make the following findings:
1. When stoppages occur in sanitary sewers, there exists the potential of
adverse public and private health impacts and damage to property resulting from sewage
overflow and back-flooding on public and private property;
2. The Administrative Code currently does not address an assembly designed
to prevent backflow from the District sewer system into a property;
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3. The Board has determined that it is in the best interest of the health and
safety of District residents to adopt an Ordinance to add certain requirements sewer
backwater prevention devices.
SECTION IV - ADD SECTIONS 1.1.12,4.3.12, 4.3.12(a) AND 4.3.12(b) TO THE
ADMINISTRATIVE CODE
Administrative Code Sections 1.1.12,4.3.12, 4.3.12(a) and 4.3.12(b) to be added
as follows:
"1.1.12 Backwater Prevention Device means a device installed in a drainage
system to prevent reverse sewage flow into a structure. As used in this Code, the term
"backwater prevention device" includes both backwater overflow devices and backwater
check valves and shutoff systems, and any other devices the District may approve for
such purposes."
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"4.3.12. PurDose of Requirement of Backwater Prevention Device. When
stoppages occur in sanitary sewers, there exists the potential of adverse public and private
health impacts and damage to property resulting from sewage overflow and back-
flooding on public and private property. It is the purpose of Section 4.3.12 to protect the
health and safety of residents of the District and to minimize the possibility of damage to
property by requiring the proper installation and maintenance of backwater prevention
devices when deemed necessary by District personnel. Such devices shall be installed in
accordance with District specifications."
"4.3.12(a). Maintenance Requirements. All backwater prevention devices shall
be maintained so as to provide for their continuing function as designed. All backwater
prevention devices shall be accessible at all times and shall be free from any obstructions,
including, but not limited to, rocks, soil, vegetation, snow, landscaping, concrete, asphalt
or other ground coverings that may impair the function of and accessibility to the
device. "
"4.3.12(b). Failure to Follow Backwater Prevention Device Requirements.
Any property owner who has failed to install or maintain a backwater prevention device
at the direction of the District shall be responsible for all damage that results from the
lack of such a device, or the failure ofthe defective device to prevent such damage. A
property owner may only refuse to install or maintain a backwater prevention device,
contrary to the direction of the District, upon the execution of a recordable
acknowledgement of the property owner's assumption of the risk and waiver of liability
against the District for all overflows impacting the property for which the property owner
refuses to install the device. Once executed, the waiver and assumption of risk shall be
recorded with the EI Dorado County Recorder's Office so as to become part ofthe
property's chain of title."
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Ordinance No. 510-08
Sewer Backwater Prevention Devices
Page 2
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SECTION V - SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance or the Administrative Code. The Board of Directors declares
and determines that it would have passed section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof of this Ordinance and its implementing rules and
regulations and the Administrative Code irrespective of the fact that anyone or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be
determined to be unconstitutional or invalid.
SECTION VI - EFFECTIVE DATE
This Ordinance amending the above referenced sections to the Administrative
Code shall take effective thirty days after its passage.
PASSED AND ADOPTED the Board of Directors of the South Tahoe Public
Utility District at its duly held regular meeting on the 3rd day of July, 2008 by the
following vote:
AYES:
Directors Mosbacher, Rise, Claudio, Jones, Schafer
NOES:
None
ABSENT:
None
bacher, President
ahoe Public Utility District
Ordinance No. 510-08
Sewer Backwater Prevention Devices
Page 3