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Ordinance No. 359ORDINANCE NO. 359 SOUTH TAHOE PUBLIC UTILITY DISTRICT SEWER REGULATION ORDINANCE AN ORDINANCE SUPERSEDING ORDINANCES NO. 24, 35, 81, 114, 130, 138, 184, 195, 252, ~, 264, 275, 284, 285, 286, 289, 291, 300, 309, 322, 326, 328 and 334 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, THE INSTALLATION OF SEWER LATERALS AND PUBLIC SEWER MAIN EX- TENSIONS, PROVIDING FOR THE EMPLOYMENT OF A SANITARY INSPECTOR, PROVIDING PERMITS AND FIXING FEES FOR THE INSTALLATION OF SANITARY SEWER LATERALS AND REGULATING PLUMBING, DRAINAGE AND SEWERING IN THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AND PRO- VIDING FOR SEWER SERVICE CHARGES PAYABLE IN ADVANCE BE IT ENACTED, by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, E1 Dorado County, California, as follows: ARTICLE I. DEFINITIONS Sec. 1.1. Definitions. For the purpose of this Ordinance the terms used herein are defined as follows: Sec. 1.2. District is the South Tahoe Public Utility District, E1 Dorado County, California. Board is the Board of Directors of said Sec. 1.3. District. Sec. 1.4. tary of the Board. Sec. 1.5. Sec. 1.6. Clerk is the Clerk and Ex-Officio Secre- County is the County of E1 Dorado. Engineer is the Engineer appointed by and acting for the Board and shall be a Registered Civil Engineer. Sec. '1.7. District Inspector is the Inspector acting for the Board and may be a Member of the Board, the Manager, the District Engineer or Inspector appointed by the Board. Sec. 1.8. Person is any human being, firm, company, partnership, association, and private, public or municipal corporations, the United States of America, the State of California, districts and all political subdivisions, governmental agencies and mandatories thereof. Sec. 1.9. Permit is any written authorization required pursuant to this or any other rule, regulation or ordinance of the District for the installation of any sewage works. Sec. 1.10. Building is any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities. Sec. 1.11. Applicant is the person making appli- cation for a permit for a sewer installation and shall be the owner of record of premises to be served by the sewer for which a permit is requested or his authorized agent, through power of attorney. Sec. 1.12. Contractor is an individual, firm, corp- oration, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit and shall be the owner or his agent. Sec. 1.13. Street is any public highway, road, street, avenue, alleyway, easement or right-of-way. Sec. 1.14. Sewage Works are all facilities for col- lection, pumping, treating, and disposing of reclaimed water and solids. Sec. 1.15. Sewage is a combination of water-carried wastes from buildings and industrial establishments connected to sewage works of District or from any private sewer. Sec. 1.16. Industrial Wastes are liquid wastes from industrial processes as distinct from sewage. Sec. 1.17. Sewer is a pipe or conduit which carries sewage and/or industrial wastes to which storm, surface and ground waters are not intentionally admitted. Sec. 1.18. Public Sewer is a sewer lying within a street and which is controlled by or under the jurisdiction of District. Sec. 1.19. Side Sewer is the part of the horizontal piping beginning at the foundation wall of any building and terminating in the main sewer. Sec. 1.20. Building Sewer is any sewer or drain beginning at the plumbing or drainage outlets of any building and running to the property line. -2- Sec. 1.21. Lateral Sewer is the portion of the side sewer within a public street. Sec. 1.22. Outside Sewer is a private sewer beyond the limits of the District. Sec. 1.23. Private Sewer is one which has an inde- pendent sewage disposal not connected with a public sewer and which accommodates one or more houses. Sec. 1.24. Garbage is solid waste from the prepar- ation, cooking and dispensing of food and from the handling, storage, and sale of produce. Sec. 1.25. Plumbing System includes all plumbing fixtures and traps, or soil, waste, special waste and vent pipes, and all sanitary sewage pipes within the property lines of the premises. Sec. 1.26. City is the City of South Lake Tahoe. Sec. 1.27. Sewer Unit is an estimated measurement of flow and strength of wastewater discharged to the treat- ment facilities. A sewer unit is used for the purposes of determination of assessment of sewer service charges. Sec. 1.28. Home and Apartment is a dwelling (unit) with multi rooms consisting of one (1) kitchen, one or more bathrooms. Sleeping and living area designed for single family use. units. Sec. 1.29. Duplex is a house consisting of two family ~Sec. 1.30. Studio Apartment is one (1) kitchen, living and sleeping area all in one room and one (1) bathroom. Sec. 1.31. Bath is one (1) room with a water closet, one or more lavatories, with or without shower and/or bathtub. Sec. 1.32. F0~d.P~eparation ~rea ~s an area i~ which fOOd~is prePared~ heated or cooked. ARTICLE II. GENERAL PROVISIONS Sec. 2.1. Rules and Regulations. The following rules and regulations respecting sewer construction and dis- pes~l of sewage and drainage of buildings and connection to the sewer works of said District are hereby adopted and all work -3- in respect thereto shall be p~rformed according to the Uniform Plumbing Code or as herein required and not otherwise. Sec. 2.2. Purpose. This Ordinance is intended to provide certain minimum standards, provisions and requirements for design, methods of construction and use of materials in sanitary sewage facilities in side sewers hereafter installed, altered or repaired. This Ordinance shall not apply retro- actively and, in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used thereon. This Ordinance is also intended to provide a schedule of annual charges for sewer services payable in advance supplied by the District and to provide a method for the enforcement thereof. Sec. 2.3. Short Title. This Ordinance shall be known as the SOUTH TAHOE PUBLIC UTILITY DISTRICT SEWER REGU- LATION ORDINANCE. Sec. 2.4. Violation Unlawful. Following the ef- fective date of this Ordinance, it shall be unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in said District except by connection to a public sewer in the manner as in this Ordinance provided. Sec. 2.5. Relief on Application. When any person, by reason of special circumstances, is of the opinion that any provision of this Ordinance is unjust or inequitable as applied to his premises, he may make written application to the Board, stating the special circumstances, citing the provision com- plained of, and requesting suspension or modification of that provision as applied to his premises. If such application be approved, the Board, may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances. ¥Sec. 2.6. Relief on Own Motion. The Board may, on its own motion, find that by reason of special circumstances any provision of this regulation and ordinance should be -4- suspended or modified as applied to a particular premise and may, by resolution, order such suspension or modification of such premises during the period of such special circum- stances, or any part thereof. Sec. 2.7. Plumbing, Inspection, Compensation. The Board of said District shall employ the District Engineer, or such other person as may be designated by the Board, to perform the duties of inspecting the installation, connection, main- tenance and use of all lateral sewers and plumbing, sewerage, sanitary drainage work and facilities in connection therewith in said District, to be known as the Inspector. He shall re- ceive as compensation for his services for making inspections required to be made by the ordinances, and orders and regulations from time to time enacted and ordered by said Board, a sum to be fixed by the Board. ARTICLE III. USE OF PUBLIC SEWER REQUIRED Sec. 3.1. Disposal of Wastes. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the District, or in any area under the jurisdiction of said Dis- trict, any human or animal excrement, garbage, or other' ob- jectional waste. Sec. 3.2. Treatment of Wastes Required. It shall be unlawful to discharge to any stream or watercourse any sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance. Sec. 3.3. Unlawful Disposal. Except as herein provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage. Sec. 3.4. Occupancy Prohibited. No building, industrial facility or other structure shall be occupied until the Owner of the premises has complied with all rules and regulations of the District. Sec. 3.5. Sewer Required. The Owner of any building situated within the District requiring sewage disposal and -5- abutting on any street in which there is now located, or may in the future be located, a public sewer of the District, is hereby required, at his expense, to connect said building directly with the proper public sewer in accordance with the provisions of this Ordinance, within ninety (90) days after date of official notice to do so. ARTICLE IV. PRIVATE SEWAGE DISPOSAL Sec. 4.1. Abandonment of Facilities. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 3.5, a direct connection shall be made to the public sewer in compli- ance with the ordinances, rules and regulations of/District, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material as determined by the District Inspector. ARTICLE V. BUILDING SEWERS, LATERAL SEWERS & CONNECTIONS Sec. 5.1. Permit Required. In accordance with Article X of this Ordinance, no person shall construct a build- ing sewer, lateral sewer or make a connection with any public sewer without first obtaining a written permit from the District and paying all fees and connection charges as required herein. Sec. 5.2. Construction Requirements. Construction and inspection of building sewers and lateral sewers shall be in accordance with the requirements of the County of E1 Dorado, City of South Lake Tahoe, State of California, and the require- ments of the District. Sec. 5.3.(a) Sewer Materials - Fallen Leaf Lake. Sewer laterals connecting to the Fallen Leaf Lake Sewer System shall be four (4) inches in diameter and installed with a minimum cover of twelve (12) inches, wherever possible. Laterals located in areas accessible to vehicular traffic with less than 2-1/2 feet of cover and in rock areas where adequate cover is not available, shall be encased or otherwise protected as approved by District. Cabins located at eleva- tions below the road where pumping of sewage is required must pump only effluent from an inspected and approved septic tank through a one and one-half (1-1/2) inch diameter plastic (PVC) pipe into the District maintained collection lines leading to the central septic tank. Backflow prevention and protection shall be provided. Plastic pipe with a minimum cover of 2-1/2 feet shall be rubber ring joint type PVC gravity sewer pipe SDR 35 or better. Pipe with less than 2-1/2 feet minimum cover shall be schedule 80 PVC solvent weld pipe or approved equal. All plastic pumped lines shall be schedule 80 PVC solvent weld pipe or approved equal. Where pumped lines cease and become gravity lines they shall be treated as a conventional sewer system from that point extending to the connection to the District maintained collection lines. Sec. 5.3. Sewer Materials. The building sewer shall be cast iron soil pipe, ASTM specification (C13-44T) or equal; or other suitable material approved by the Inspector. Joints shall be tight and waterproof. Sec. 5.4. Minimum Size and Slope. The size and slope of the building sewer shall be subject to the approval of the Inspector, but in no event shall the diameter be less than four (4) inches. The slope of such 4-inch pipe shall be not less than one-fourth (1/4) inch per foot. Sec. 5.5. Building Sewer. Whenever possible the building sewer should be brought to the building at an ele- vation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Sec. 5.6. Joints and Connections. Ail excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Inspector. Pipe laying and backfill shall be performed in accordance with ASTM specification (C12-19) except that no backfill shall be placed until the work has been inspected. Sec. 5.7. Connection to Public Sewer. The connec- tion of the building sewer into the public sewer shall be made at the lateral or "Y" or "T" branch, if such alteral or "Y" or "T" branch is available at a suitable location. Where no properly located "Y" or "T" branch is available, -7- a neat hole may be cut into the public sewer to receive the building or lateral sewer with entry in the downstream direction at an angle of about forty-five degrees (45°). A wye saddle shall be used for the connection and in no case sh'all the pipe protrude inside the main sewer. The invert of the building or lateral sewer at the point of connection shall be at a higher elevation than the invert of the public sewer. A smooth neat joint shall be made and the connection made secure and water- tight. The connection to the public sewer can be made only by a licensed sewer contractor and shall be made in the presence of the District Inspector and under his supervision and direction and in accordance with the rules, regulations and Ordinances of the District. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the District Inspector. Sec. 5.8. Separate Sewers. No two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer. Every building or industrial facility must be separately connected with a public sewer if such public sewer exists in the street upon which the property abuts or in an easement which will serve said property. Sec. 5.9. Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, upon examination and tested ~by the District Inspector, to meet all requirements of District. Sec. 5.10. Sewer Too Low. In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the District Inspector, and discharged to the public sewer at the expense of the owner. Sec. 5.11. Protection of Excavation. All excavations for side sewer installation shall be adequately guarded with barricades Or lights so as to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satis- factory to the District and the City, County or any other person having jurisdiction thereover. Sec. 5.12. Maintenance of Side Sewer. Side sewers shall be maintained by the owner of the property served thereby. ARTICLE VI. PUBLIC SEWER CONSTRUCTION Sec. 6.1. Permit Required. In accordance with Article VIII of this Ordinance, no person shall construct, extend or connect to any public sewerfwithout first obtaining a written permit from the District and prying all fees and connection charges and furnishing bonds as required therein. The provisions of this section requiring permits shall not be construed to apply to contractors constructing sewers and appurtenances under contracts awarded and entered into by the District. Sec. 6.2. Plans, Profiles, and Specifications Required. The application for a permit for pulic sewer con- struction shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of District, prepared by a Registered Civil Engineer showing all details of the proposed work based on an accurate survey of the ground. The application, together with the plans, profiles and specifications, shall be examined by the District Engineer who shall approve them as filed or require them to be modified as he deems necessary for proper installation. After examination by the District Engineer, the application, plans, profiles and specifications shall be submitted to the Board at its next regular meeting for its consideration. When the Board is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees, and furnishing bonds as required by the District. The permit shall prescribe such terms and conditions as the Board finds necessary in the public interest. Sec. 6.3. Subdivisions. The requirements of Sections 6.1 and 6.2 of this Ordinance shall be fully complied with be- fore any final subdivision map shall provide for the dedication for public sewer lines are to be constructed. If a final sub- division map of a tract is recorded and the work of constructing sewers to serve the work is not completed within the time limit allowed in the permit, the Board may extend the time limit or -9- may complete the work and take appropriate steps to enforce the provisions of the bond furnished by the subdivider. Sec. 6.4. Easements or Rights-of-Way. In the event that an easement is required for the extension of the public sewer or the making of connections, the applicant shall pro- cure and have accepted by the Board a proper easement or grant of right-of-way sufficient in law to allow the laying and maintenance of such extension or connection. Sec. 6.5. Persons Authorized to Perform Work. Only licensed contractors shall be authorized to perform the work of public sewer construction within the District. All terms and conditions of the permit issued by the District to the appli- cant shall be binding on the contractor. The requirements .of this Section shall apply to side sewers installed concurrently with public sewer construction. Sec. 6.6. Grade Stakes. Grade and line stakes shall be set by a Registered Civil Engineer prior to the start of work on any public sewer construction. The contractor shall be responsible for accurately transferring grades to grade bars and sewer invert. Sec. 6.7. Compliance With Local Regulations. Any person constructing a sewer within a street shall comply with all State, City and County laws, ordinances, rules and regula- tions pertaining to the cutting of pavement, opening, barri- cading, lighting and protecting of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of a permit by the District. Sec. 6.8. Protection of Excavation. The applicant shall maintain such barriers, lights and signs as are necessary to give warning to the public at all times that a sewer is under construction and of each dangerous condition to be en- countered as a result thereof. He shall also likewise protect the public in the use of the sidewalk against any such con- ditions in connection with the construction of the sewer. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be reinstalled in a manner satisfactory to the District and the County or any other person having jurisdiction thereover. -10- Ordinance No~.. 359 Sec. 6.9. Design and Construction Standards. Minimum standards for the design and construction of sewers within the District shall be in accordance with the applicable provisions of the ordinances, rules, regulations and with the SPECIFICATIONS FOR SEWER CONSTRUCTION heretofore or hereafter adopted by the District, copies of which are on file in the District office. The District, or the District Engineer, may permit modifications or may require higher standards where un- usual conditions are encountered. "As-Built" drawings showing the actual location of all mains, structures, Y's, T's, laterals and cleanouts shall be filed with the District before final acceptance of the work. ARTICLE VII. USE OF PUBLIC SEWERS Sec. 7.1. Drainage Into Sanitary ~ewers Prohibited. No leaders from roofs and no surface drains for rain water shall be connected to any sanitary sewer. No surface or sub-surface drainage or rain water, storm water, seepage, cooling water or unpolluted industrial process waters shall be permitted to enter any sanitary sewer by any device or method whatsoever. Sec. 7.2. Types of Wastes Prohibited. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: (a) Any liquid or vapor having a temperature higher than 150°F. (b) Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease. (d) Any garbage that has not been properly shredded. Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in dimension. (e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works. -11- (f) Any waters or wastes ha~ing a pH lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works. (g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to human or animals, or create any hazard in the re- ceiving waters of the sewage treatment plant. (h) Any waters or wastes containing suspended solids or dissolved matter of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant. (i) Any noxious or malodorous gas or substance capable of creating a public nuisance. (j) Any septic tank sludge. (k) Any industrial wastewater that is in violation of applicable industrial general pre-treatment regulation for existing and new sources of pollution as set forth in 40 CFR, Part 403, adopted by the Environmental Protection Agency under authorization of the 1977 Amendments to the Clean Water Act, and the industrial wastewater pre-treatment program and rules and regulations therefore of District. Sec. 7.3. Interceptors Required. Grease, oil and sand interceptors shall be provided when, in the opinion of the District Inspector, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for buildings used for residential purposes. All interceptors shall be of a type and capacity approved by the District Inspector and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 7.4. Maintenance of Interceptors. Ail grease, oil and sand interceptors shall be maintained by the owne~ at his expense, in continuously efficient operation at all times. Sec. 7.5. Preliminary Treatment of Wastes. The admission into the public sewers of any waters or wastes having (a) a 5-day Biochemical Oxygen Demand greater than 300 mg/1 by weight, or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 7.2, or (c) control the quantities and rates of dis- charge of such waters or wastes. Plans, specifications and any other pertinent in- formation relating to proposed preliminary treatment facilities shall be submitted for the approval of the District Inspector and of the Water Pollution Control Commission of/ the State of California and no construction of such facilities shall be commenced until said approvals are obtained in writing. Sec. 7.6. Maintenance of Pretreatment Facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Sec. 7.7. Control Manholes. When required by the District, the owner of any property served by a side sewer carrying industrial wastes shall install a suitable control manhole in the side sewer to facilitate observation, sampling and measurement of wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the District Engineer. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. Sec. 7.8. Measurements and Tests. All measure- ments, tests and analyses of the characteristics of waters and wastes to which reference is made in Sections 7.2 and 7.5 shall be determined at the control manhole provided for in Section 7.7, or upc~ suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the side sewer is connected. Sec. 7.9. Special Agreements. No statement con- tained in this article shall be construed as preventing any special agreement or arrangement between the District and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the District for -13- treatment, subject to payment therefor by the industrial concern and subject to such terms and conditions as might be required by the District. ARTICLE VIII. PERMITS AND FEES Sec. 8.1. Permit Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance or perform any work on any sewer or drainage system without first ob- taining a written permit from the District. Sec. 8.2. Application for Permit. The application for a sewer permit shall be on the following form: -14- Sec. 8.3. Special Power of Attorney. The legal owner of record of a parcel of real property may give an acknowledged Special Power of Attorney to any person for the purpose of applying to the District for a sewer permit. Sec. 8.4. Compliance With Permit. After approval of the application, evidenced by the issuance of a permit, no changes shall be made in the occupancy and/or use, location of the sewer, the grade, materials or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued without the expressed written permission from the District, the District Inspector or other authorized representative, or the filing of a new application. Sec. 8.5. Agreement. The applicant's signature on an application for any permit, as set forth in Sec. 8.6. hereof, shall constitute an agreement to comply with all of the pro- visions, terms and requirements of the ordinances, rules and regulations of the District, and with the plans and specifi- cations he has filed with his application, if any, together with such corrections or modifications as may be made or permitted by the District, if any. Such agreement shall be binding upon the applicant and may be altered only by the District upon the written request for ihe alteration from the applicant. Sec. 8.6. Classes of Permits. There shall be two (2) classes of permits, as follows: (a) Side sewer construction permit (b) Public sewer construction permit Sec. 8.7. Fees - Connection Char~es. All connection charges, fees and other charges in the District, and in areas annexed thereto, rules and regulations as set forth in the ordinances, rules and regulations of the District as hereto- fore or hereafter fixed shall be paid and complied with in the manner provided in said ordinances, rules and regulations. Sec. 8.8. Fees and Bond - Side Sewer Construction Permit. (a) A connection charge, as fixed by the rules, regulations and ordinances of the District, shall be paid to the District by the person desiring connection to the District sewer system. Any parcel of property that can and will be -17- served by any U-1 Trunk Sewer Main will receive credit for any U-1 fees already collected. Refer to Sewer Rate Schedule No. 1. (b) Subsequent Charge. At any time units are added to any parcel of property for which the initial connection charge has been previously paid in an amount which did not include such units, as a condition of such parcel of property remaining connected to the sanitary sewage system of said Utility District, there shall be payable a sum as fixed by the rules, regulations and ordinances of the District, times the number of units so added. Refer to Sewer Rate Schedule No. 2. (c) A fee, as fixed by the rules, regulations and ordinances of the District, shall be paid to the District for isusing a permit to connect and inspect a house sewer. Refer to Sewer Rate Schedule No. 3. (d) A fee, as fixed by the rules, regulations and ordinances of the District, shall be paid to the District for issuing a permit to install a wye saddle and inspect. Refer to Sewer Rate Schedule No. 4. (e) A re-inspection fee, as fixed by the rules, regulations and ordinances of the District, may be charged by the District for re-inspection of condemned work. Refer to Sewer Rate Schedule No. 5. Sec. 8.9. Fees and Bond - Public Sewer Construction. (a) A fe~ in an amount deemed necessary by the District to pay all engineering, inspection and other costs required to insure compliance with the terms of the permit and with the rules, regulations and ordinances of the District, shall be paid to the District prior to the time the permit is issued, for reviewing plans and specifications, issuing a permit and inspecting the i~tallation of public sewer mains, laterals and all appurtenances thereto. If the fee fixed by the District is less than the actual cost to the District, the person obtaining the permit shall be liable for the excess cost to the District. ~ (b) Prior to the issuance of a permit for public sewer construction, the applicant shall furnish to the District a -18- faithful performance bond or cash in the amount of the total estimated cost of the work. Said bond to be secured by a surety or sureties satisfactory to the District. The cash deposit or faithful performance bond shall be conditioned upon the per- formance of the terms and conditions of the permit and shall guarantee the correction of faulty workmanship and the replace- ment of defective materials for a period of one (1) year after the date of acceptance of the work. Sec. 8.10. Disposition of Fees. All fees collected on behalf of the District shall be deposited with the proper authority provided by the District to receive such funds. Sec. 8.11. Ail Work To Be Inspected. Ail sewer constructed work shall be inspected by an inspector acting for the District to insure compliance with all requirements of the District. No sewer shall be covered at any point until it has been inspected and passed for acceptance. No sewer shall be connected to the District's public sewer until the work covered by the permit has been completed, inspected and approved by the District Inspector. If the test proves satisfactory, the In- spector shall issue a certificate of satisfactory completion. Sec. 8.12. Notification. It shall be the duty of the person doing the work authorized by permit to notify the office of the District in writing that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the tests required by the District before giving the above notification. Sec. 8.13. Condemned Work. When any work has been inspected and the work condemned and no certification of satisfactory completion given, a written notice to that effect shall be given instructing the owner of the premises, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the District. Sec. 8.14. All Costs Paid By Owner. Ail costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall -19- be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work. Sec. 8.15. Permits For Outside Sewers. A permit shall not be granted to connect any lot or parcel of land out- side or excluded from the District to any public sewer in or under the jurisdiction of the District unless petition for annexation is filed with the Clerk of the District. The annexation fee of the District, as heretofore or hereafter fixed, shall be paid prior to issuing a permit. Sec. 8.16. Permit Optional. The granting of such permission in any event shall be optional with the Board. ~ Sec. 8.17. Street Excavation Permit. A separate permit must be secured from the State, County, City or any other person having jurisdiction thereover by owners or con- tractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections. Sec. 8.18. Liability.. The District and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any such applicant. The applicant shall be answerable for, and shall save the District and its officers, agents and employees harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Ap- plicant shall be solely liable for any d~fects in the performance of his work or any failure which may develop therein. Sec. 8.19. Time Limits On Permits. A permit for construction of a side or house sewer shall be null and void: (a) If application is not accepted by County or City within seven (7) calendar days for construction permit for the proposed improvement to be served by the sewer; or (b) 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. -20- Sec. 8.20. Inspection. The Utility District will make three inspections of the premises; the building sewer installation, rough plumbing and final. (a) The Building Sewer inspection will be for proper material, installation and connection. (b) The Rough Plumbing inspection will verify com- pliance with the application and permit issued pursuant thereto. There shall be no further construction until the District In- spector has accepted this work./ (c) The Final inspection shall be conducted after the City and/or County Building Department has made their final inspection. The District's final inspection will verify that the plumbing fixtures and location thereof are as specified in the construction plans, the application and permit issued pursuant thereto. The premises constructed on the parcel of real property shall not be occupied until after inspection and approval of compliance has been made by the Utility District. Sec. 8.21. Hearing Before Board of Directors. In the event of a denial of an application for a permit or any portion thereof or revocation of a permit or any portion there- of by the District staff, the legal owner may appeal to the Board of Directors of the District and the Board of Directors shall afford said legal owner a hearing before the Board of Directors reviewing the District staff determination. Notice of said hearing shall be given to said legal owner upon his application to the Board of Directors therefor, at least ten (10) days prior to said hearing. At said hearing, the Board of Directors shall consider all evidence presented by or on behalf of the aggrieved party and the District staff and make an adjudicatory administrative final decision granting the appeal in whole or in part, or denying said appeal. The Board of Directors hereby makes Section 1094.6, California Code of Civil Procedure, applicable to the time within which judicial review must be sought of the Board of Directors decision in denying the appeal. Said final decision shall be effective upon written notification mailed certified to the appellant, and said appellant must bring an action for judicial review not later than the 90th day following the date on which said notification was mailed. -21- Sec. 8.22. Additional Provision In Industrial Application For Permit Form. An application for an industrial connection shall include the following additional provision in addition to those provisions required by Section 8.2 of this Ordinance. Any industrial wastewater discharged to the District system shall not be in violation of applicable industrial general pretreatment regulations for existing and new sources of pollution as set forth in 40 CFR, Part 403, adopted by the Environmental Protection Agency under authorization of the 1977 Amendments to the Clean Water Act, and the industrial wastewater treatment program and rules and regulations therefore of District. ARTICLE IX. ANNUAL CHARGES Sec. 9.1. General Rates - Sewer Service. There is hereby established an annual service charge at a monthly service rate as fixed by the rules, regulations and ordinances of the District, with a minimum service charge for connection to the sewers of this District. New connections shall be billed from the first of the month following the month in which connection occurred. Refer to Sewer Rate Schedule No. 6. Sec. 9.2. Schedule of Units. The following is a schedule of the number of units to be applied to the several types of connections to the sewer system of this District: (a) Homes and Apartments: A minimum of three (3) units for each home or each apartment plus an additional unit for each bath or half-bath in excess of two baths, except that a studio apartment shall be two (2) sewer units. (b) Motels: Each bath, 1 unit. Each kitchen, 1 unit. (c) Restaurant: 1 unit per restroom; 5 units for the first 20 seats, plus 1 additional unit for every 20 seats or fraction thereof over 20. For the purpose of this section, where a bar is operated in connection with a restaurant, bar stools will be counted as seats. Snack Bars and Delicatessens with no eating or seating on the premises shall be counted as other commercial in sub-paragraph (j). (d) Service Stations: 5 units, 1 unit per RV dump. (e) Trailer Parks: 3 units per trailer space that will accommodate a trailer in excess of 22 feet with a sewer con- nection provided; 1 unit per trailer space for all other -22- trailer spaces with a sewer connection provided. 1 unit per two trailer spaces without a sewer connection provided. (f) Laundromats' 2 units per machine. (g) Swimming Pools' 2 units. (h) Automobile Service Garage' 2 units plus 1 for each restroom. (i) Taverns without food facilities: 5 units, plus 1 unit for each restroom-~ (j) All other commercial establishments' 1 sewer unit per 5 fixture units as defined in the Uniform Plumbing Code. Sec. 9.3. Specia~ ~harges. Facilities in or about residential, commercial and industrial establishments discharging extraordinary amounts of waste into the sewage system shall be subject to such charges and to such conditions as may be set by the Board. ' T ARTICLE X. COLLECTION AND ENFORCE_E~MEN-- Sec. 10.1. Direct Bi___lling - Sewer ~ervic~ Charges. The charges herein fixed for sewer services shall be payable for a period of one (1) year in advance. The billing periods may be annually, semiannually, quarterly, or monthly, at the District's option./ Sec. 10.2. Delinquency. Statements which have not been paid before the first day of the calendar month following the mailing of the statement of charges shall be delinquent. Sec. 10.3. Action t~ ~ollec~ ~uent. Char~e~. (a) Thirty (30) days after the billings are mailed, the District will send out delinquent notices as reminders. (b) If the bills are not paid within sixty (60) days after their original mailing, the District will assess a delinquent penalty and begin charging interest. Both the peantly and the interest will be at the highest legal rate allowable. (c) If the bills are not paid within thirty (30) days after the penalty has been assessed, the District will go to court to obtain a judgment, which, if not satisfied, could result in the discontinuance of service and additional charges to have service restored. (d) Delinquent charges may be collected on the tax roll on which general taxes of the Dis2rict are collected -23- in the manner provided in Article 3, Chapter 4, Division 7, of the Public Utilities Code, or otherwise provided by law. Sec. 10.4. Filing and Posting. The person or his deputy who bills and collects the charges shall sign a state- ment of the amount of charges which have been accrued and shall file it with the officer whose duty it is to post the tax roll, and he shall post the amount thereof in the column of the roll where improvement assessments are posted and opposite the property affected. Sec. 10.5. Disconnection of Service. Premises as to which charges become delinquent may be disconnected. (a) Estimate of Costs. The District Inspector shall estimate the cost of disconnection and of reconnection. (b) ~eposit. The amount of the estimate shall be deposited with the District before the premises will be re- connected. (c) Balance. The amount of the cost of disconnection and reconnection over the deposit shall constitute a charge and be collected as such. The amount of the deposit not used shall be repaid or applied as a deposit against future charges. (d) Abatement. During the period of non-connection or disconnection!of sewer services, inhabitation of the premises by human beings shall constitute a nuisance. The Board shall forthwith institute and diligently prosecute to conclusion proceedings for the abatement of such occupancy. In such action a reasonable attorney's fee, to be fixed by the Court, shall become due as a penalty for non-payment. Sec. 10.6. Nature of Procedure. The procedures provided in this article are not exclusive. Notwithstanding any~ provisions herein, the District may utilize any procedures pro- vided in any law or which are a legal incident to its powers, and any remedy in law or equity to collect the charges and penalties. It is the intention of this Ordinance that there shall be available to the District all procedures and that they shall be diligently exercised. That all charges and penalties thereon, or other charges and penalties thereon, or other charges incident thereto, shall be promptly and effectively collected. -24- Sec. 10.7. Duty of Sewer Service User to Report. It shall be the duty of each person connected to a public sewer to report to the District Inspector all facilities discharging waste into the public sewer. As to any facilities which are not so reported, they shall be deemed to have been connected to the public sewer from the effective date of this Ordinance or from the date the person first connected to the public sewer, whichever date is the later. Sec. 10.8. Unreported Connections and Discharges. Upon discovery of unreported connections and discharges to the public sewer system, the District shall charge all current charges and fees. The owner of said property may, at their option, abate the unreported connection(s) immediately or pay all current charges and fees, including all current connection charges. Sec. 10.9. Violation. Any person found to be vio- lating any provision of this or any other Ordinance, rule or regulation of the District, except Section 12.1 hereof, shall be served by the District Inspector, or other authorized person, with written notice stating the nature of the violation and providing a reasonable time l~m±t for the satisfactory correction thereof. Said time limit shall not be less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. Ail persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, rule or regulation of the District. Upon being notified by the District Inspector of any defect arisinglin any sewer or of any violation of the Ordinance, rules or regulations of the District, the person or persons having charge of said work shall immediately correct the same. Sec. 10.10. Public Nuisance. Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this or any other Ordinance, rule, or regulation of the District is hereby declared to be a public nuisance. The District may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. ! -25- Sec. 10.11. Disconnection. As an alternative method of enforcing the provisions of this or any other Ordinance, rule or regulation of the District, the District Inspector shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the District. The District shall issue to the owner and/or occupant a "Notice of Intent to Disconnect" prior to disconnection of the user sewer system from the sewer mains of the District. Said notice shall provide for one-hundred and twenty (120) days from date of notice for the owner to correct the violations. A copy of the "Notice of Intent to Disconnect" shall be sent to the City, County and County Health Officer. Upon dis- connection, the District Inspector shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of discon- nection and reconnection before such user is reconnected to the system. The District Inspector shall refund any part of the deposit remaining after payment of all costs of dis- connection and reconnection. Sec. 10.12. Public Nuisance - Abatement. During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the District shall cause proceedings to be brought for the abatement for the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the District a reasonable attorney's fee and cost of suit arising in said action. Sec. 10.13. Means of Enforcement Only. The District hereby declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its Ordinances, rules and regulations, and not as a penalty. Sec. 10.14. PLiability for Violations. Any person violating any of the provisions of the Ordinances, rules, or regulations fo the District shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such viol.~tion. Sec. 10.15. Further Enforcement Means. In the event of a violation of any of the representations and -26- agreement in an application for or conditions in any permit issued pursuant to Sec. 8.2. herein, District may secure a court order requiring construction, occupancy and use of the parcel of real property cease until there is compliance with the representations and agreements in said application and any permit issued pursuant thereto. All attorney fees, court costs, administration and inspection charges incurred by the District in connection with securing compliance with said representations and agreements in said application and any permit~ issued pursuant thereto shall be assessed as charges against the parcel of real property subject of said appli- cation and permit. ARTICLE XI. Sec. ll.1. EMERGENCY REPAIRS OF SIDE SEWERS Emergency Repairs by District. Whenever, in the judgment of the District Inspector, immediate repairs to a side sewer are necessary in order to preserve public health or to prevent damage or injury to thelpublic sewer, the Dis- trict Inspector may, without notice to the property owner, cause such repairs to be made and may contract with a private contractor for the making of such repairs. Sec. 11.2. Reimbursement of District. The property owner serviced by a side sewer shall reimburse the District for the costs of all repairs made or contracted for by the District pursuant to this Ordinance. Such charges shall be billed to the property owner and shall be deemed delinquent thirty (30) days thereafter and may be collected under the provisions of Sec. 10. 3. herein. Sec. 11.3. Procedures for Handling Stoppages in Side Sewers. Whenever the District discovers or is notified of a stoppage, the District will dispatch a maintenance crew to the location. The maintenance crew shall check the main line adjacent to the side sewer with the reported stoppage and deter- mine if there is a stoppage in the main line. If a stoppage is discovered in the main line, then the District will proceed to clear the stoppage. If a stoppage is not found in the main line but is in the portion of the side sewer line between the main line and -27- terminating at the foundation of any wall, the owner shall then be notified that the clearing of the stoppage shall be the responsibility of the owner. If the stoppage is proven to be caused by faulty pipe installation or faulty pipe of the side sewer line between the main line and the nearer property line, the District will pay for the repairs. ARTICLE XII. SEWER RATE SCHEDULES SCHEDULE NO. 1 A fee of $1,330.00 times the number of units to be connected to the collection system with a minimum of $1,330.00. SCHEDULE NO. 2 A fee of $1,330.00 times the number of units so added. SCHEDULE NO. 3 A fee of $25.00 will be collected for issuing a permit to connect and inspect a house sewer for any applicant from the 1983 City of South Lake Tahoe and County of E1 Dorado Building Permit Allocation Program. Ail other applicants shall pay a fee of $35.00. SCHEDULE NO. 4 A fee of $25.00 will be collected for issuing a permit to install a wye saddle and inspect for any applicant receiving a building permit from the 1983 City of South Lake Tahoe or County of E1 Dorado Building Allocation Program. All other applicants shall pay a fee of $50.00. SCHEDULE NO. 5 A fee of $15.00 may be charged for re-inspection of condemned work. SCHEDULE NO. 6 A monthly service rate of $5.70 per unit per month with a minimum sera'ice charge of $5.70 per month will be collected. XIII. MISCELLANEOUS PROVISIONS Sec. 13.1. Protection from Damage. No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance -28- or equipment which is a part of the District's sewage works. Any person violating this provision shall be subject to the penalties provided by law. Sec. 13.2. Powers and Authorities of Ins~tors. The officers, inspectors and any duly authorized employees of the District shall wear or carry an official badge of office or other evidence establishing his position as such and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, indus- trial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the District. Sec. 13.3. Separability. If any section, sub- section, sentence, clause or phrase of this ordinance or the application thereof to any person or circumstance 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 application of such provision to other persons or circumstances. The Board hereby declares that it would have passed this ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared to be unconstitutional. Sec. 13.4. Effective Date. This Ordinance shall take effect upon the expiration of thirty (30) days after its passage and shall be posted by the Clerk of the South Tahoe Public Utility District at three (3) public places in said District at least one (1) week before the expiration of said period after its passage and shall further be published in the Tahoe Daily Tribune, a newspaper of general circulation, one (1) time only, at least one (1) week before the expiration of said period. Section 13.5. Supercede~ Former Ordin__ances. This Ordinance amends Ordinances Nos. 24, 35, 81, 114, 130, 138, -29- 184, 195, 252, ~' 264, 275, 284, 285, 286, 291, 300, 309, 322, 326, 328 and 334 intheir entirety and supersedes said ordinances- DSTRIC J sident -- hTTEST' · Secretary Ex-Off cio _ _4. -+ility District South Tahoe FUDIlc uo ************ I hereby certify that the foregoing ordinance was adopted at a meeting of the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT held on the 1st day of DECEMBER , 1983, by the following vote' AYES: DIRECTORS JONES, OLSON, MADDEN AND MADDEN NOES: NONE ABSENT: DIRECTOR L. LOWE Ex-Offic%o Secretary SOUTH TAHOE PUBLIC UTILITY DISTRICT ************ AFFIDAVIT OF PUBLICATION Affidavit of Publication of South Tab_oe Pub!!o Utility District Post Office Box 1298 So~th T,ak¢. T~ho~.: Ca 9.~?C, 5 _ 359 STATE OF CALIFORNIA County of El Dorado ! am a citizen of the United States and a resident of r~te County foresaid: I am over the age of eighteen years, and not a part to or interested in the above- entitled matter. I am the principal clerk of the printer of The Tahoe Daily Tribune . Tahoe Sierra Tribune a newspaper of general circulation, printed and published daily in the City of South lake Tahoe, County of El Dorado, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of El Dorado, State of California, under the date of March 6 1970 Case Number 18569, that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 16 all in the year 19 83 ! certify (or dec~are) under penalty that the foregoing :s true and correct. Dated at ~outh Lake Tahoe ~ "~ 83 California, this 16th date ofDecemb, r 19 Signature FINANCIAL ANALYSIS OF ANGORA WATER COMPANY Cash Flow for Period Beginning Cash Balance Add: Accounts Receivable Interest Income Metered Revenue Unmetered Revenue Private Fire Protection Misc. Income Total 10/01/83 to 12/31/83 141,440 12,753 2,000 9,000 4,000 169,193 01/01/84 to 06/30/84 35,028 4,000 33,300 125,000 4,200 1,100 202,628 07101/84 to 06/30/85 21,228 8,000 90,600 282,800 2,000 404,628 Deduct: Operating Expenses 'Power Materials Vehicles Office Supplies Insurance Outside Services Lab Misc. Taxes Labor Benefits Replacements Total Operating Expenses 6,200 2,900 4,100 5O0 2,300 20,000 200 1,900 6,000 28,300 9,200 81,600 26,250 6,700 2,800 600 3,150 5,000 500 2,500 26,700 6,200 80,400 52,500 13,400 5,600 2,000 6,300 5,000 1,100 5,000 53,400 13,350 18,000 175,650 Accounts Payable 10/01/83 Accrued Taxes Recapture of Inv. Credit Payable to Assoc. Co. Mainline Extensions Equipment Purchase Contract Payment to Martin Bros. Total Cash Outlay Ending Cash Balance 25,000 5,865 15,000 4,000 1,500 1,200 134,165 35,028 8,000 93,000 181,400 21,228 1,500 185,000 362,150. 42,478