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ORDINANCE NO. 446
AN ORDINANCE OF
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING ORDINANCE NO. 359 (South Tahoe Public Utility District
Sewer Regulation Ordinance) TO REVISE SCHEDULE
OF SEWER UNITS AND ALLOW REVERSION OF EXCESS UNITS TO THE
DISTRICT IN EXCHANGE FOR RATE RELIEF
BE IT ENACTED, by the Board of Directors of South Tahoe
Public Utility District, County of E1 Dorado, as follows:
SECTION I - DEFINITIONS
For the purposes of this Ordinance, the terms used herein
are defined as follows:
A. Sewer Unit: A sewer unit is an estimated measurement
of flow and strength of wastewater discharged to the treatment
facilities. A sewer unit is used for the purpose of
determination of assessment of sewer service charges.
B. Excess Sewer Unit: An excess sewer unit is any sewer
unit on a parcel in excess of the number of sewer units required
for said parcel by the Districts' most current Schedule of Sewer
Units.
C. The District: The South Tahoe Public Utility District.
D. 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.
o
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 88 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
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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 II - FINDINGS
A. It is appropriate to revise the Schedule of Sewer
Units (as defined in Section 9.2 of Article IX of Ordinance No.
359) to better approximate the estimated flow and strength of
wastewater discharged to the treatment facilities by homes
having only one bath and only one bedroom, and which are
equipped with low water-use fixtures.
B. Consistent with the overall Schedule of Sewer Units it
is estimated that a minimum of two (2) units is more appropriate
than a minimum of three (3) units for homes having only one bath
and only one bedroom, and which are equipped with low water-use
fixtures, based on currently available wastewater flow and
strength data and estimating techniques.
C. Current treatment plant operational data shows that
actual wastewater flow and strength at the treatment plant at
peak periods is significantly less than expected for the sewer
units currently in use. The data provides more than adequate
assurance that the current treatment plant capacity is more than
adequate to accommodate any overall increase in the actual
wastewater flow and strength to the treatment plant due to this
change in the sewer unit schedule. This analysis has considered
the need to maintain adequate treatment plant capacity reserves
for reserved and unused sewer units and for safety and
environmental margins from rated treatment plant capacity for
abnormal conditions.
D. It is appropriate to provide rate relief for parcels on
which there are excess sewer units by allowing the excess sewer
units to revert to the District.
SECTION III - SCHEDULE OF SEWER I/NITS
Subsection 9(a) of Section 9.2, Schedule of Sewer Units, of
Article IX, Annual Charges, of Ordinance No. 359 is amended to
read as follows:
(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 the minimum for a home having only one
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bath and only one bedroom, which is equipped with low
water-use fixtures, or for a studio apartment, is two (2)
units.
SECTION IV - RATE RELIEF FOR EXCESS SEWER I/NITS
Article IX, Annual Charges, of Ordinance No. 359 is amended to
add Section 9~4 to read as follows:
Sec. 9.4 Rate Relief for Excess Sewer Units in
exchanqe for reversion: The owner of a parcel with an
excess sewer unit may apply to the District for a
reversion of the excess sewer unit (or.any number of
excess sewer units up to the total number of'excess
sewer units on the parcel) to the District in exchange
for an adjustment in the future annual service charge
for the parcel to the annual service charge
corresponding to the number of sewer units remaining
on the parcel after the reversion. The applicant for
such rate relief shall be required to allow full and
adequate inspection of the parcel, and of any
improvements thereon, and the sewer lines and
connections related thereto, and/or testing and
measurement of wastewater flow and strength, for
verification of the number of sewer units required on
the parcel and that all fixtures on the parcel are low
water-use fixtures. After such inspection, and/or
testing and measurement, and after approval of the
application by the District staff, the excess sewer
unit shall immediately and irrevocably revert to the
District as an unrestricted "available" sewer unit in
the District's inventory of available sewer units
unless the reverted sewer unit was issued pursuant to
the 1989 plant expansion to 7.7 MGD, in which case it
is restricted in use as provided in the environmental
documents. The new service charge rate shall go into
effect as of the first billing cycle subsequent to the
approval which covers a period which is entirely
subsequent to the date of approval of the application.
The owner of the parcel may re-acquire a sewer unit
only in the same manner and with the same priority,
and subject to the payment of the same fees, as any
other parcel which might need to obtain additional
sewer units, and only if the District has available
residential sewer units at the time the owner requests
the additional service. The District shall not pay
any compensation, or provide any other benefit, to the
applicant (or to any other owner of or any person
beneficially interested in the parcel) for the
reverted sewer unit, except for the above-described
future rate relief.
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SECTION V - CONFIRMATION OF PRIOR ORDINANCES
Except as Ordinance No. 359 is hereinabove expressly
amended, all sections of said ordinance are ratified and
confirmed, and shall remain in full force and effect.
SECTION VI - SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or the Ordinance
which it amends, 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 the Ordinance which it
amends, or any part thereof. The Board hereby declares that it
would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be
declared invalid.
PASSED AND ENACTED BY THE Board of Directors of the South
Tahoe Public Utility District at its duly held regular meeting
on the 17th day of February , 1994, by the following vote.
AYES:
Ail
None
None
NOES:
ABSENT:
ATTEST:
DUANE WALLACE, PRESIDENT OF THE BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ROBERT G. ~AER, GENERAL MANAGER
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AFFIDAVIT OF POSTING
State of California )
)ss
County of E1 Dorado )
and says:
Patrick Dolan
, being first duly sworn, deposes
That for and on behalf of the Clerk of Board' of the SOUTH
TAHOE PUBLIC, UTILITY DISTRICT, affiant posted copies of
~ ~ I~,~_~ ~ ~ lo in form attached
hereto and by reference made a part hereof, in four (4)
public places in the District as follows:
(1) City of South Lake Tahoe
Administration Building
South Lake Tahoe, CA
(2) A1 Tahoe ~Post Office Station
South Lake Tahoe, CA
(3)Tahoe Valley Post Office Station ("Y" area)
South Lake Tahoe, CA
(4) Tahoe Paradise Post Office Station So
, /~ke Tahoe, CA
That said posting was completed on the ~ ~-~ day of
Subscribed and sworn
to me this / ~
day of /~z%~_ ,
Clerk o~'~he Board~-IA~;%-Ac~,.-~
SOUTH TAHOE PUBLIC UTILITY DISTRICT
AFFIDAVIT OF PUBLICATION
South Tahoe Public Utility Dist.
1275 Meadow Crest Dr.
South Lake Tahoe, CA 96150
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 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 adjudicated 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 (6) six point), has been published in
each regular and entire issue of said news-
paper and not in any supplement therefore on
the following dates, to wit:
March 3
all in the year: 1994
I certify under penalty, that the foregoing is true and correct.
Dated at South Lake Tahoe, California this
date of March 1994.
Signed:
Clerk
REVERSIC)N OF EXCESS
UHiTSTO THEDKn~r N
E~ FOe ~L~TE
FIELEF
BE IT ~CTED, by the
Boml c~ ~.~ors of south
County'of El Dorado, es
;or the purposan of this
Orca, the terms used
:~Unil: A .ewer unit Is
~.bc:ilttteL A sewer
determirmdofl of assessment
Of Nv~ ~ce c~
B, Ex~e~e Sewer Unit: An
excess 8ewer' unit Is any'
sewer unit On Il I)~roel' in
,excess of tho, number of
current Sc#edule of Sewer
o. The DJ,~ii~:i;he South
D: I~"W~ter4Jse Plumbing
devloi whl~'di~chir~ no
more thln I .e gallons per.
[lush, and incorporates
2. SbGworho&dl, lay&tory
flew from which is not to
,xceed 2.75 gallon8 per
minute, plus or minus ten
percent (10%) tolerlnce, at
water pressures up to 88
pounds per squ~re inS; or
any f&ucet aerator Whlc, h
~ 2.7S gatlons per minute.
The w0rdl '~iO gpm max". the
ectual tested flew rate, or
other consplouous marking
approwd by the Executive
Director of. the California
ma~ed on I~ fitting or o~ a
abo~ compaa~e with flow
ram a~a~dardL.
rates are b estal~shed by
American N~iaflal Standards
Ins~ttute~ LoW Water-Use
Plumbing FtxtUms meani all
of the plumbing fixtures
A. It is revise
...~,),,. ~. · ~ ~. r ....
~W~atamini~m,~ ~wM~w . -
d'~ (3) u~m ~.~ ~. ~.~ ............. ~ ~,~ aM, ~
,~.~ ~ -m ~ ~.z ~nl~ ~ I · h~ no ...' -"' ~'"~ t~
s~~~ ~,~ ~ u~ ~le. the
~I~fl~ data ~I ~at, ~S ' ~ ~ m 7.7 ~, ; . ..... ~, :, ._.. ,
~t~l wut~ater flow and ~ ~ ....... _. In ~ ~ It I~ ~ in
n~ylnu. Sec ~%~'' "'' ~~~=f~
er unltiG dull. ~ll I' '-'~- ' .... ~Of~~, huthTI P
' ~yill W~ ~ pi~e ~ ~,~ UliZriG~ ~ U ~y omer porMI ~ich
ne~ W miintilh'~q~te ~~~M mlehE need W o~in ~g/~ ~ ~ ~y of
. [ ~ ~ ~ ~ ~lllf Ihall be required to owner of or ~ ~rlon ~;a H TAHOE~L~
?- ~ ~ ~. ~ ~ allow furl and .deq~tl ~,~ In~ In
'~ ,~ ¢~ ~m ~, unit, exce~ ~r the
and the lower t~e~ and ~~~,:
E ~~ m~d ~em, . S~ V~l~