Ordinance No. 440POLICY FOR EXTENSION - ORDINANCE 440
Fallen Leaf Lake Retrofit to Ultra Low Flow Fixtures
The District wishes to cooperate with property owners having extreme difficulty with compliance
to Ordinance No. 440 as it pertains to "antiquated" faucet fixtures. As applied to plumbing
fixtures, the term antiquated is defined as old-fashioned, outdated, and obsolete.
At the discretion of the General Manager or his designee, the District shall grant an extension
to Ordinance 440, Section III, as it concerns faucet aerators only, as described in Section II.,
F., 2. until August 31, 1993, under the following conditions:
1)
The faucet is deemed antiquated and recognized as more difficult to retrofit than
modern style faucets.
2)
The property owner can demonstrate a financial hardship based on a cost in
excess of $500 for the faucets on his property.
3)
Property owner shall submit a written request for extension and supply a copy of
estimate from a licensed plumber. Owner shall state his/her proposed date of
compliance not to extend beyond August 31, 1993.
OR
4)
The property owner can demonstrate that the property will be demolished within
the extension period.
OR
5)
If requested, a review may be given on an individual basis and an exemption may
be granted by staff if flow from faucets is determined to be less than 3.0 gallons
per minute.
Any waiver from Ordinance 440 will be considered by the Board of Directors on a case by case
basis.
Adopted 6/18/92
SOUTH TAHOE PUBLIC UTILITY DISTRICT
BOARD AGENDA ITEM
BOARD OF DIRECTORS
Diane Gilbert Customer Service Man er
BOARDMEETING June 18~ ]992 AGENDA ITEM
ACTION ITEM NO.
**************************~ ....... .~NSENTCALENDARITEMNO.
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ITEM/PROJECTNAME: ORDINANCE NO. 440 - E T .ww***************&
REQUESTED BOARDACTiON: Direct staff.
DISCUSSION: Many of the Fallen Leaf Lake ~ owners are
experiencin~ difficult~ with compliance to a_p_g_rtion of th_____~eULF
retrofit requirement as it concerns faucet aerators. On J ne 4 h
the_____Board directed staff to develo a olic to ' m
June 30 1992 deadline for h s wn r
SCHEDULE:
COSTS:
ACCOUNT NO.
BUDGETED AMOUNT REMAINING:
ATTACHMENTS: Policy for extension - Ordinance No. 440
CONCURRENCE WITH PROPOSED ACTION: YES
FINANCE OFFICER: YES NO
NO
GENERAL
WATER
SEWER X
ORDINANCE NO. 440
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
TO PROVIDE FOR THE INSTALLATION OF
LOW WATER USE PLUMBING FIXTURES
AT FALLEN LEAF LAKE
BE IT ENACTED by the Board of Directors of the SOUTH TAHOE PUBLIC
UTILITY DISTRICT, County of E1 Dorado, as follows:
SECTION I. - FINDINGS
A. The existing Fallen Leaf Lake sewer collection system design
is based on estimates made in 1977 of occupancy loads and from field
observations. The estimated per capita flow rate of 45 gallons per
capita per day was established and a peak occupancy of 1,277 population
at Fallen Leaf Lake was factored, resulting in a peak flow of 59,770
gallons per day being fixed as the project flow design criteria. The
project flows can be broken down as follows:
Stanford Camp - 14,400
Permittees - 7,160
U.S. Forest Service - 2,000
Fallen Leaf Lake Associates - 12,600
Private Propoerty Owners - 23,310
Frederick's Property - 300
B. The sewer collection system at Fallen Leaf Lake was, based on
the 1977 design studies, restricted to a maximum average discharge of
60,000 gallons per day.
C. The limit of the Fallen Leaf Lake sewer collection system of
60,000 gallons per day was also imposed by the Tahoe Regional Planning
Agency in the SOUTH TAHOE PUBLIC UTILITY DISTRICT'S ("District" herein)
0.2 expansion program.
D. The District is responsible for enforcing the 60,000 gallons
per day discharge limitation for the sewage collection system at Fallen
Leaf Lake.
E. Measurement of existing wastewater flows establish peak flows
in excess of 60,000 gallons per day. A reserve flow of 12,600 gallons
per day for future use by Fallen Leaf Lake Associates is not included.
F. Reducing sewage influent by water conservation will help
reduce the collection system loading below 60,000 gallons per day. The
specific rules, regulations and restrictions established herein are
necessary and appropriate to the accomplishment of that end.
Additional measures may need to be taken to reduce flows below 60,000
gallons per day. Additional measures may include, but are not limited
to, the purchase of additional sewer capacity, additional metering,
additional flow reduction, and/or disconnection from the system.
ae
SECTION II. - DEFINITIONS
The District - The South Tahoe Public Utility District.
B. The Board - The Board of Directors of the South Tahoe Public
Utility District.
C. General Manaqer - The General Manager of the South Tahoe
Public Utility District.
D. User - Any person, firm, company, partnership, association,
corporation, or political entity using the Fallen Leaf Lake wastewater
collection system owned and operated by the District.
E. Building - Any structure used for human habitation or a place
of business, recreation or other purpose containing sanitary
facilities.
F. Low Water-Use Plumbinq Fixtures - Ail of the following:
Any toilet, urinal or other device which discharges no
more than 1.6 gallons per flush, and incorporates
American National Standards Institute standards.
Showerheads, lavatory faucets, and sink faucets, the
flow from which is not to exceed 2.75 gallons per
minute, plus or minus ten percent (10%) tolerance, at
water pressures up to 80 pounds per square inch; or any
faucet aerator which allows discharges of no more than
2.75 gallons per minute. The words "3.0 gpm max", the
actual tested flow rate, or other conspicuous marking
approved by the Executive Director of the California
Energy Commission shall be marked on the fitting or on
a label attached to the fitting to show compliance with
flow rate standards.
The foregoing maximum flow rates are as established by American
National Standards Institute. Low Water-Use Plumbing Fixtures means
all of the plumbing fixtures identified in this Subsection.
SECTION III. - REQUIREMENTS
A. Users shall retrofit all plumbing fixtures in all buildings
which do not meet low water-use plumbing fixture standards with low
water-use plumbing fixtures, as defined by this ordinance, no later
than June 30, 1992. These fixtures shall be installed and maintained,
and shall not be replaced with fixtures which allow greater water use
or wastewater discharge.
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B. Statement of exclusive retrofit in compliance with this
ordinance, together with a dated copy of the purchase receipt for each
low water-use fixture, and a copy of the labor contract, or statement
of self installation, which evidences complete installation, shall be
forwarded to the District, and a written agreement by the user allowing
inspection of the property by the District.
SECTION IV. - ENFORCEMENT
A. The provisions hereof shall be administered and enforced by
the District through the General Manager, who may delegate such
enforcement to one or more designees. As used in this Section IV
General Manager includes designees.
B. Each User is deemed to control the wastewater discharged
into the sewer collection system at his or her premises and to be
responsible therefor.
C. Whenever the General Manager determines that there is an
existing violation of this ordinance, that low water use plumbing
fixtures have not been installed, or have been removed since initial
installation, the General Manager shall discontinue forthwith sewer
service to the User at the building where the violation occurred, in
accordance with the disconnection procedures defined in District
Ordinance No. 372 Requlatinq the Use of Public & Private Sewers.
Reconnection shall occur only when there is compliance with all
provisions of this ordinance.
D. District shall be reimbursed for its costs in enforcing the
provisions of this Ordinance, including such costs as District incurs
for District staff to investigate violations and monitor the Users
compliance with the terms hereof. Charges for discontinuing or
restoring sewer service, as those charges are determined by the
District, shall be paid by the User.
E. Any User may appeal any decision hereunder to the Board by
filing a written appeal with the Clerk of the Board within 10 days from
the date of the decision appealed from. The Board may, in its
discretion, affirm, reverse, or modify the General Manager's decision
and impose such conditions as it deems appropriate.
SECTION V - SEVERABILITY
A. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof, is for any
reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Ordinance or any part thereof. The
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Board hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase
thereof, irrespective of subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
PASSED AND ADOPTED by the Board of Directors of the South
Tahoe Public Utility District at its duly held Regular Meeting on the
20th day of February , 19 9~ by the following vote:
AYES:
NOES:
Directors Onysko, Mason, Wallace, Mosbacher, Pierini
None
CHAIRMAN OF BOARD, LOU PIERINI
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATHS CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
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AFFIDAVIT OF PUBLICATION
STPUD
Box 19487
SLT, CA. 95706-3487
Ordinance ~440
STATE OF CALIFORNIA
County of El Dorado
I am a citizen of the United States and a
resident of the County foresaid; I am over
eighteen years, and not a part to or
interested in the above entitled matter,
I am the principal clerk of the printer
of the printer of The Tahoe Daily Tribune
a newspaper of general circulation,
printed and published Sunday through
Friday 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: February 25
all in the year of: 1992
I certify (or declare) under penalty,
that the foregoing is true and correct.
Dated at South Lake Tahoe
California, this 25 date of Feb 1992
-)
Signed:
BE IT ENACTED by the Board of Dire, ctcrs of t
A. The existing Fallen Leaf Lake
~s t3ased'o~n estimare~ made in 1977 Of occupancy loads and
IrO~T~ field observati6ns, The estimated per. cal~ita flow rate of 45
gal~oae per capita pet' day was established and a peak
oc~ '[,~77 PoPulatk;v,3 at Fallen Leaf Lake vva~ factored,
resulting in a peakilow of 59,770 gallons per day being fixed as
the project flow design criteria. The ~ojec! flov~s can be broken
down asfollews: '.
Star~ord~¢a mp 14,400
Permittees 7.t60
U.S,' Forest Service 2,000
FalleJi Leaf Lake Associates 12.600
23.310 '
,300
B. The sewer'coliection system at Fallen Leaf Lake was, based
on the .1977 desigi~ studies; restricted to a maximum average
discharge o?'60,000 gallons pet. day.
C, The limit' o~ the Fallen Leaf 'Lake sewer collection system of
60,000 gallons per day was also imposed by the Tahoe Regional
Planning Agency 'in the SOUTH TAHOE PUBLIC UTILITY
DISTRICT'S ~"Distfict' herein) 0.:2 expansion program,
D, TIi~ Qi~trict"~s responsible for enforcing the 60,000~ gallons
per ~la~ diSCha~,ge limitatk~ f~' the sewage collection system at
Fallen Leal[ Lake,
E Measurement Of e~;sting wastewater fows establish peak
~ows m ex~ess o! 60,000 gallons per day. A reserve flow of
12,600 gallons per day for future use by Fallen Lear Lake
Associates Is not included.
F. Re~!gg: ~.e~a~e:ml~u. ?nt bY Tater c~erva;ti(~!~ ~ill help
reduce~ collation ~ystehn:leading below (~0,00O gatt0ns per
day. ,The specific rules, regulations and restrictions eStablisll~d
hele~n are ~ecessary and appropriate to *J.~e acoOil~plishment of
that end. Addi.tionaf rneasgres may meet to be taken to recluce
flows below 60,000 gallons per day. Additional measures may
include, but are not li~nited to. the purchase of additional sewer
capaCity, additional metering, additional flow reduction,
disconnection from tl~e system.
, SECTION Il.- DEFINITIONS
A. Th~ D~tr'i~ - The South Taho~ Publ~ Utility District,
B. Th~ Board. The Board of Direct°rs of'the $obth Tahoe'Public
Utility District. ' . , .
C. · The General Manager of the ~outh Tahoe
D; __ Any person, firm. company, I:)artnership
Lake
, the
or a placo
sanitary.
~0
ma the California
E* COmmiss~ i o~ on a label
stancl~.attached to the .fi!ting
The foraging maximum flow rates are. ee established by
American N~t~lonal ~te~lards institute, Low Water-Use Plumbing
Fixtures means ail ct the plumbing fixtiures identified in this
Subsechon,
SECTION i~ll,. REQUIREMENTS
A U~efs shall retrqfit alt pl~rr~ing fixtures in ali buildings which
~o not meet IoW Water-use plumbing fixture standards with
~w wate['-use plumbing fixtul'es,as defined by this ordinarice.
be .installed wi'th
fixtures whicil allow greater water use or wast~vater
d~scharge.
B.
a copy of the labor
which evidences
he District, and a
allowing inspection of the
I~'Opefly by'the District.
: SECTION IV. * ENFORCEMENT
A_ The 'pr°~isio~s hereof s~ll ~ administered aha enfor~d
by the Di~tdct~through the General Manager, who may
d~ega~e ~ch ~nforcement to one 0r more designees.
u~d in t~ S~n IV General Manger i~ludes' design.s,
B, Ea~ U~is ~em~ to c~tr~ the wastewater discharged
~to the ~er ~ll~tion system at his or her premises and to
~ rus~n~l~ t~erefor.
C. Whenever the Ge~rat Manager oetermmes that tt~eru Is an
existing ViolatiOn of this ordinance, that Iow water use
dl~Onllnu~ JollJiwilh sewer servi~e lo lbo Use[ al lhe building
where the violation ogcurrea, in agcord~t~oe Wilh the
[JlSCOllll~CJJon I~OCOdures de~inc~ in District Or,dinm~cu
372 Beqolatinq the Use of Public & Pri~t~ Sewers.
ReconnecHon shall ~ur only ~en libra.is ~liance wi~
D. D~trm 81a ~ reimbursed lot ~ls ~ I~fo~
~ovisions of this ~dinance, including such cosls ~s Dimrict
incurs for Distrim 8J~fJ Io investigate violalions and monitor
the User~ compliance with the terms hereof. Charges f~r
di~onlinu~g or restoring sewer service, as those charges
aetermined by the District. sh~ll be paid by lhe User.
E. ~n7 Us~r m~y ~ppeal ~ny decision her~unae~ to me Board
by filing 8 written appeal w~th the Clerk of the Bo~d wilhin 10
days from the d~Ie of lhe d~cision ~pe~led from The Board
m~y, iH ils discrelion, 811irm, reverse, or moddy lhe General
MangBr's decision and impose such ~ndJlions ~s il deems
appropriate.
SECTION V - S~E~BILITY
A. tf any section, subsection, subdivision, paragraph,
sentence, claule or ph~88e of Ibis O~din~nce. or ~ny p~J
thereof, i8 Tot any reason held 1o ~ invalid, such decision sh~tl
not ~ffecl the validity of the remaimng portions or ~his
Ordi~n~ or any p~ lhereof. Th~ Board here~ declares thai
~i would ~ve ~8ssed each section, subsection, subdivision,
l)aragr~ph,' senlence, clause, or phrase thereof, irrespective of
subaiwsions, paragrap/ls, sentences, clauses or phrases De
declared iiivaJld.'
PASSED AND ADOPTED uy the Board of D,reel.ors of the
South Tahoe Public Utility DistricJ~aL its duly field
VOIO:
AYES: DIr~o ~Onysko, Masofl. Wallace, Mosba~l~ar P~erlni
NOES: None
BOARD, LOU PIEttlNI