Ordinance No. 520-10 ORDINANCE NO. 520-10
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING SECTION 4.2.10 AND ADDING SECTION 4.5.13 TO THE
ADMINISTRATIVE CODE REGARDING TIME LIMITS ON SEWER PERMITS
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility
District, County of El Dorado, State of California, as follows:
SECTION 1— POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative
Code regarding time limits for permits allowing connection to the District's sewer
system.
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.
the C. Administrative Code — The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater
Management Plan Ordinances of the 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 El
Dorado, State of California, make the following findings:
1. The District allows connection to its sewer system pursuant to the
applicable provisions of the Ordinances, rules, and regulations of the District and
specifications for sewer service.
2. The Administrative Code presently does not limit the time in which the
holder of a permit to connect to the District's sewer system must make such connection.
As a result, there are many outstanding permits pursuant to which connection has not
been made.
3. There has been confusion among those holding outstanding permits as to
whether their permits are subject to changes in the District's Ordinances, rules, and
regulations and specifications for sewer service between the time the permit is issued and
4 11•0 connection to the District's Sewer System is accomplished.
4. The proposed amendment is designed to make clear to which of the
District's Ordinances, rules, and regulations and specifications for sewer service a permit
is subject.
5. The proposed amendment will aid in the reduction of outstanding permits
by limiting the time frame in which a permittee may connect to the District's sewer
system pursuant to the District's Ordinances, rules, and regulations and specifications for
sewer service at the time the permit was issued.
6. The proposed amendment is intended to provide the holders of outstanding
permits a reasonable time to complete connection to the District's sewer system, pursuant
to a defined set of District Ordinances, rules, and regulations and specifications for sewer
service.
7. The Board has determined that it is in the best interest of the health and
safety of District residents to adopt an ordinance to amend certain provisions of the
Administrative Code regarding permits for connection to the District's Sewer System.
SECTION IV — AMEND SECTION 4.2.10 OF THE ADMINISTRATIVE CODE
Administrative Code Section 4.2.10 to be amended as follows:
4.2.10 Time Limits On Sewer Permits.
(a) A permit for construction of a sewer lateral shall permit the connection to the
District's sewer service, in accordance with the applicable provisions of the Ordinances,
rules, and regulations of the District and specifications for sewer service in effect at the
date of permitting, for a period of three (3) years from the date the permit is issued. If, at
the expiration of the three (3) year initial permit term, the permittee has yet to construct
the permitted connection to the District's sewer system, the permittee may extend the
permit term for an additional one (1) year term (the "Extension Term "), provided that the
permittee pays the required administrative fee. (Refer to Section 4.5.13 — Sewer Rate
Schedule No. 7.) If, at the expiration of any one (1) year Extension Term, the permittee
has yet to construct the permitted connection to the District's sewer system, the permittee
may extend the permit term for an additional one (1) year Extension Term, provided that
the permittee pays the required administrative fee. (Refer to Section 4.5.13 — Sewer Rate
Schedule No. 7.) Any permit extended pursuant to this subsection shall be subject to the
terms of the District's Administrative Code and regulations in effect at the date of
extension.
(b) Those permits for construction of a sewer lateral that have been issued prior to
the effective date of Ordinance No. 520 -10 shall permit the connection to the District's
sewer service, in accordance with applicable provisions of the Ordinances, rules, and
Ordinance No. 520 -10
Time Limits on Sewer Permits
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4 iW regulations of the District and specifications for sewer service in effect at the date of
permitting, for a period of three (3) years from the effective date of Ordinance No. 520-
10. If, at the expiration of this three (3) year term, the permittee has yet to construct the
permitted connection to the District's sewer system, the permittee may extend the permit
term for an additional one (1) year Extension Term, provided that the permittee pays the
required administrative fee. (Refer to Section 4.5.13 — Sewer Rate Schedule No. 7.). If,
at the expiration of any one (1) year Extension Term, the permittee has yet to construct
the permitted connection to the District's sewer system, the permittee may extend the
permit term for an additional one (1) year Extension Term, provided that the permittee
pays the required administrative fee. (Refer to Section 4.5.13 — Sewer Rate Schedule No.
7.) Any permit extended pursuant to this subsection shall be subject to the terms of the
District's Administrative Code and regulations in effect at the date of extension.
(c) If, upon the expiration of any permit term, including, any Extension Term, as
applicable, the permittee has not connected to the District's sewer service, and the permit
holder fails to extend the permit, as provided for in section (a) or section (b), above, the
permit shall be suspended, and no connection to the District's sewer system shall be
made thereunder, until the permittee extends the permit term by an additional one (1)
year Extension Term and pays the required administrative fee for each full calendar year
that has passed since the expiration of the prior three (3) year permit term or one (1) year
Extension Term, as applicable. (Refer to Section 4.5.13 — Sewer Rate Schedule No. 7.)
(d) At any time prior to connection to the District's sewer system, a permittee
may terminate its sewer connection permit and the District shall refund to the permittee
the applicable fee for sewer connection, pursuant to Administrative Code section 4.5,
paid by the permittee upon receipt of its permit. Upon the permittee's termination of the
permit term, the permittee shall not be entitled to the refund of any administrative fees
paid for extension of the permit term, as applicable.
(e) Any permittee may choose to comply with changes in the applicable
provisions of the Ordinances, rules, and regulations of the District and specifications for
sewer service made after the date of permitting but prior to connection to the District's
sewer service.
(f) Notwithstanding the above, a sewer permit for construction of a sewer lateral
will be null and void:
1) If construction project is not accepted by County or City for the proposed
improvement to be served by the sewer; or
2) If the County or City voids or cancels either the application or permit for
construction of the proposed improvement to be served by the sewer.
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Time Limits on Sewer Permits
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Cie SECTION IV — ADD SECTION 4.5.13 TO THE ADMINISTRATIVE CODE
4.5.13 — SCHEDULE 7
An administrative fee of One Hundred Fifty Dollars ($150.00) will be collected
for the extension of a sewer permit, pursuant to section 4.2.10.
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 any one 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 effect 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 4th day of February, 2010 by the
following vote:
AYES: Directors Cefalu, Jones, Mosbacher, Rise, Schafer
NOES: None
ABSENT: None
Dale Rise, President
South Tahoe Public Utility District
ATTEST: -Z „ _ �� A ' A
Kathy Sha s Clerk of the : oard
Ordinance No. 520 -10
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