Article III — Connections to the Sewerage System

Application for permission to discharge sewage into the CSA sewerage system shall be made to the CSA on an application form as prescribed by the director and shall contain such information as may be necessary to determine the capacity required to serve the premises. No discharge into the sewerage system shall be allowed until a connection permit has been issued authorizing a permitted amount of sewage flow in accordance with the capacity allocated in the connection permits.

A.

Adequate Sewerage System Capacity Required. A connection permit shall be issued only if collection lines exist sufficient and adequate to transport the new user's sewage flow to the treatment plant and if the user has secured capacity for that flow from uncommitted capacity through prior purchase of a connection permit or through a reservation agreement.

B.

Payment of Fees. No connection permit shall be issued unless all required fees and charges have been paid.

C.

Maximum Permissible Discharge. No connection permit shall be issued if, based on the estimated capacity required for the connection as shown in the application, the capacity required would exceed one RDE. If, after reviewing an application that exceeds the maximum permissible discharge, the board determines that granting the connection permit would unfairly affect the ability of the CSA to serve other new users due to limited capacity, the board may require measures be taken to reduce the volume of sewage flow or may deny the application.

(Prior gen. code § 7-253.0)

Uncommitted capacity may be purchased by new or expanded users in accordance with the provisions of this section. Execution of a reservation agreement is required prior to issuance of a building permit, plumbing, or other permit requiring a sewage connection and prior to recordation of a parcel map or final map.

A.

Interim Sewage Capacity Allocation. On or before March 25, 1987, reservation agreements for one RDE per parcel may be purchased for the following parcels, unless otherwise specified:

1.

Parcels with building(s) served by on-site septic tank systems;

2.

Vacant parcels, as shown on the assessor's map book, which qualify as building sites under the Alameda County zoning ordinance;

3.

Parcel No. 946-4406-50-2 (Castlewood Country Club's former pitch and putt golf course) is allocated twenty (20) RDE's of uncommitted capacity. The reservation agreement shall limit development of this parcel to an average rate of two connections per year for the first five years from September 25, 1986. Remaining connection reservations for Parcel No. 946-4406-50-2 may be used for development after September 25, 1991;

4.

Parcels to be created by parcel maps or final maps filed in accordance with a tentative map approved prior to September 25, 1986.

B.

Sewage Capacity Allocation. Upon expiration of the interim sewage capacity allocation on March 25, 1987, uncommitted capacity shall be available to new or expanded users in accordance with the following provisions:

1.

Reservation agreements for legal building sites and parcels created by subdivision maps are issued on a first-come, first-served basis.

2.

Uncommitted capacity is reserved for parcels served by septic tanks as of September 25, 1986. This reservation priority shall expire, unless exercised through execution of a reservation agreement, on or before March 26, 1989.

3.

Those parcels for which reservation agreements have been purchased are not limited by time within which a building permit say be secured, except that development of Parcel No. 946-4406-50-2 (Castlewood Country Club's former pitch and putt course) is limited to an average rate of two connections per year for

the first five years from September 25, 1986. Remaining connection reservations for Parcel No. 946-440650-2 may he used for development after September 25, 1991.

C.

Purchase of Uncommitted Capacity. Charges for purchase of uncommitted capacity shall be paid prior to execution of a reservation agreement.

D.

Transfer of Capacity. Capacity allocated to a parcel of land applies to and runs with that parcel. Capacity cannot be separated from a parcel unless first resold or conveyed to the CSA at the option of the CSA. To prevent negative cash flow for the CSA, the CSA will pay for the returned capacity only after the capacity has been sold by the CSA to another user.

Reservation agreements for Parcels 946-4391-23 and 946-4406-59 (water tank site and triangular-shaped parcel on Foothill Road owned by the Castlewood Country Club) are transferable only to other Castlewood Country Club properties as needed, provided that the two parcels are under the ownership of Castlewood Country Club at the time of transfer. Transfer of these reservation agreements to other properties may be accomplished only after prior written approval by the director.

E.

Capacity Required. The sewage capacity required by any connection shall be based on the estimated flow, as determined by the CSA, in terms of the RDE.

1.

Single-Family Residential. Each single-family residential dwelling shall be assumed to require RDE of sewage capacity.

2.

Nonresidential Uses. The sewage capacity required shall be the number of RDE's or fraction thereof, which approximates the strength and flow of the user's discharge.

a.

For purposes of estimating capacity requirements for nonresidential uses, the CSA shall base its estimate of flow on the number of plumbing fixture units contained in the application. If the director determines that the fixture unit method would be inappropriate in estimating sewage capacity requirements, the director may base the estimate on any other relevant factor, including, but not limited to, the applicant's estimate of capacity required, the seating capacity of buildings or improvements upon the premises, and number of employees and shifts, or any other factor reasonably related to wastewater volume for the average working day during the peak month of sewage generation.

b.

The applicant may request the director to make an adjustment to the sewage capacity allocated at the time the permit is issued, and the director may grant a partial refund from the connection fee paid, if the applicant is able to show that the actual discharge after one year of operation is at least ten percent less than the flow estimated for connection purposes.

(Prior gen. code § 7-253.1

For purposes of this chapter, the capacity allocated to any existing commercial user shall be based upon capacity equivalent to two hundred eighty (280) GPD for every twenty-one (21) fixture unit.

(Prior gen. code § 7-253.2)

A connection permit shall lapse upon the termination of the building, plumbing, or other permit requiring the issuance of the connection permit. The connection fees paid to the CSA shall be partially refundable upon the applicant's request in event the connection permit has lapsed.

(Prior gen. code § 7-253.3)