Del Norte County Municipal Code § 15.36 Sewer System; Permits And Charges

No unauthorized person shall uncover, make any connection, with or opening into, use, alter, extend or disturb any public sewer or appurtenances, or perform any work on any lateral or building sewer without first obtaining a written permit from the district.

(Ord. 77-42 § 801, 1977)

Any person legally entitled to apply for and receive a permit shall make such application on forms provided by the district for that purpose. He shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The manager may

require plans, specifications or drawings and such other information as he may deem necessary.

(Ord. 77-42 § 802, 1977)

The application for a public sewer construction permit shall be accompanied by complete plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the district as required in Section 15.24.40.

(Ord. 77-42 § 803, 1977)

After approval of the application, evidenced by the issuance of a permit, no change shall be made in the 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 except with written permission from the manager or authorized representative.

(Ord. 77-42 § 804, 1977)

The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of the ordinance codified in Chapters 15.08 through 15.44, and other ordinances, rules and regulations of the district, and with the plans and specifications 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 the alteration from the applicant.

(Ord 77-42 § 805, 1977)

The applicant's signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of the ordinance codified in Chapters 15.08 through 15.44, and other ordinances, rules and regulations of the district, and with the plans and specifications 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 the alteration from the applicant.

(Ord 77-42 § 805, 1977)

1. The board shall, by resolution, establish sewer connection charges so as to require each sewer user to pay a proportionate share of sewer lines, lift station, and treatment facilities that have been or will be necessary to serve said parcel. In the determination of said connection charge, due consideration shall be given to taxes and charges previously paid to the district which were used to fund sewer and treatment plant expenses for which no service was provided.

2. The applicable connection charge provided for by this chapter shall be paid prior to the time of issuance of the connection permit, except in any case where connection is to be made to an extension of the sewer system constructed in assessment district proceedings, and in each such case the applicable charge shall be paid from the proceeds realized from said assessment district proceedings as soon as such proceeds become available for the purpose.

(Ord 77-42 § 807, 1977)

1. In general, those persons requiring service that requires a main extension to or in front of their property shall pay the entire costs of such service, which in some cases may be partially reimbursable if other parties connect, all as allowed by district ordinance. Upon application, the manager will determine the cost of such extension and arrange for such extension, either by district or outside contract services. Upon approval by the board, and upon advance of funds by applicant for such work, the district will cause the work to be performed. If the developer elects to perform the work, said work will be inspected by the district engineer and accepted prior to connection to the existing system.

2. The district shall use, as a guide for the cost of such services, the average cost of initial installation for the district system, modified by inflation, depth, paving and ground conditions, as determined by the manager. If the work is to be accomplished by district forces, or by outside contract, the estimated cost will be placed on deposit prior to the commencement of work. Any actual difference in costs will either be refunded to the applicant or paid in addition by the applicant prior to the use of the main extension.

(Ord. 77-42 § 808, 1977)

For subdivisions or main extensions wherein the owner constructs all the local sewers at applicant's cost for connection to the district system, a credit for such construction cost to be subtracted from the general connection charge may be made for all except the availability charge of five hundred, dollars per unit. The construction cost shall be those costs actually incurred for pipeline construction less lateral construction costs or an estimate thereof as approved by the manager. The total credit, however, shall never be more than the actual or estimated cost as approved by the manager.

(Ord. 77-42 § 809, 1977)

When a person applies to connect their property to a main extension previously paid for by another person, such applicant shall pay to the district, in addition to all other charges, one-half of the actual original cost of the main extension across the applicant's street frontage, presuming applicant owns property on one side of the street only. When such connection is made within ten years of the date of original connection of such extension to the district system, the district shall, upon receipt of payment from such applicant, pay the amount so collected to the person who paid for the extension originally.

(Ord. 77-42 § 810, 1977)

When a person applies to connect their property to a main extension previously paid for by another person, such applicant shall pay to the district, in addition to all other charges, one-half of the actual original cost of the main extension across the applicant's street frontage, presuming applicant owns property on one side of the street only. When such connection is made within ten years of the date of original connection of such extension to the district system, the district shall, upon receipt of payment from such applicant, pay the amount so collected to the person who paid for the extension originally.

(Ord. 77-42 § 810, 1977)

1. A development fee, established in this section, shall be imposed as a condition of issuance of all building permits that require the obtainment of a sewer connection for the disposal of sewage into sewer lines that discharge into lift station number five of the county service area number one, assessment district number two. The term "the obtainment of a sewer connection" as used in this section is meant to include, but not be limited to, an increase in the equivalent single-family connection factor (ESFC) of an existing sewer connection, as well as the obtainment of a new sewer connection.

2. The development fee shall be in the amount of one thousand four hundred and twenty-four dollars per ESFC obtained in connection with new development. The fee shall increase annually, upon the first day of each fiscal year in accordance with any increase in the consumer price index over the previous twelve months. The consumer price index, as used in this section, means the average for all items as shown on the United States city average for urban wage earners and clerical workers as promulgated by the Bureau of Labor Statistics of the United States Department of Labor.

3. This fee is established expressly for the purpose of reimbursing the county service area number one, assessment district number two, reserve fund for the costs of constructing the public improvements entitled "improvements to lift station number five, county service area number one, assessment district number two." The information for the costs of the improvements to lift station number five and the allocation of connections to lift station number five area available in the office of the county service area.

(Ord. 92-01 § 1, 1992)

1. For each premises connected or required by this chapter to be connected to the sewer system, the minimum monthly sewer service charge and effective data shall be established by resolution of the board adopted or amended.

2. As used in this chapter, the "minimum monthly sewer service charge" shall be construed to mean the minimum amount chargeable for the sewer service however, for any discharger the monthly service charge may be more than that adopted by the board when it is determined, because of certain facts involved, that it is inequitable for the district to supply sewer services to the user for the minimum sewer service charge.

(Ord. 77-42 § 812, 1977)

Sewer service charges shall become effective against all premises immediately upon connection.

(Ord. 77-42 § 813, 1977)

1. A written report shall be prepared once each year by the general services department which shall contain each parcel of real property listed by district and assessor's parcel number receiving sewer service, and the amount of service charge for each parcel.

2. Upon direction by the board of supervisors, the report shall be filed with the clerk of the board of supervisors.

3. Upon the filing of the report, the clerk shall fix a time, place and date for hearing thereon and objections or protests thereto. The clerk shall publish notice of the hearing as provided in Section 6066 of the California Government Code.

4. At the time, date and place stated in the notice, the board of supervisors shall hear and consider all objections or protests, if any, to the report, and may continue the hearing from time to time. Upon conclusion of the hearing, the board of supervisors may adopt revise, change, reduce or modify any charge and shall make its determination upon each charge as described in the report and thereafter by resolution confirm the report.

5. The charges set forth in the above described report, as confirmed, shall appear as a separate item on the tax bill. The charge shall be collected at the same time and in the same manner as ordinary county ad valorem property taxes and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of county ad valorem property taxes shall be applicable to such a charge, except as provided in Section 25210.77a of the California Government Code.

(Ord. 82-07, 1982)

1. An industrial wastewater treatment surcharge shall be paid to the district monthly, by those industrial wastewater dischargers whose contribution of flow, chemical oxygen demand, suspended solids or peak flow create costs in excess of their monthly sewer service charge. The treatment surcharge shall be based upon the sewerage systems and treatment plant total maintenance, operation and capital expenditures for providing industrial wastewater collection, treatment and disposal services.

2. These charges are set by the board by resolution, and are based upon the dischargers' flow, organic strength and the suspended solids in the stream. The flow shall be determined by the metered water consumption or, if in the opinion of the district engineer the water use as measured by the water meter does not fairly represent the total flow, he may require the discharger to meter and record his flow at the point where it discharges to a district sewer.

3. The quantities for yearly total flows, COD, suspended solids and peak-flow rates used may be established by engineering estimation short-term sampling, analysis and flow measurement extrapolated to a yearly total or by extensive sampling, analysis and flow measurement, all as approved by the district engineer.

4. The district engineer shall set the minimum requirements for sampling, analysis and flow measurement by the discharger necessary to establish quantities to be used in the above formula.

(Ord. 77-42 § 815, 1977)

Should measurements or other investigations reveal that the industrial discharger is discharging a flow rate, or a quantity of flow, chemical oxygen demand or suspended solids significantly in excess of that stated on the industrial wastewater permit or in excess of the quantities reported to the district by the discharger and upon which the industrial wastewater treatment surcharge is based, the discharger shall apply for an amended industrial wastewater permit and shall be assessed for all delinquent charges together with a penalty not to exceed ten percent of the delinquent charges.

(Ord. 77-42 § 816, 1977)

If any premises becomes vacant, the applicable minimum monthly service charge shall continue to be charged to and collected from the owner of such premises until the building inspector is notified in writing that such premises are vacant or unoccupied, or until the building inspector receives a written statement or request from such owner to disconnect such premises from the sewer system.

(Ord. 77-42 § 817, 1977)

Any person responsible for payment of any sewer charge failing to pay said charge when due, shall have the sewer service disconnected from the premises within thirty days of written notification of lack of payment. The district engineer shall physically disconnect the sewer service. A reconnection charge in an amount set by the manager and including the costs of disconnection, reconnection, administrative and attorney fees shall be collected before reconnection.

(Ord. 77-42 § 818, 1977)

In addition to any other charges established herein, the district may establish special connection charges for any sewer connection when, in the opinion of the board, the circumstances of such connection necessitate the establishment of unusual conditions or necessitate the payment of charges over and above those established herein.

(Ord. 77-42 § 819, 1977)

Prior to the issuance of a permit for public sewer construction, the applicant shall furnish to the district:

1. A cash deposit in an amount estimated by the district manager to be sufficient to guarantee restoration of all existing utilities, pavement or other improvements situated within affected public rights of way; and

2. A bond or cash deposit in the amount estimated by the district manager to be fifty percent of the cost of the public sewer construction, to guarantee the correction of faulty workmanship or the replacement of defective materials for a period of one year after the date of acceptance of the work.

(Ord. 79-030, 1979; Ord. 77-42 § 820, 1977)

Minimum standards for the design and construction of sewers shall be in accordance with the design standards of the district included in these regulations. The district engineer may permit modifications or may require higher standards where unusual conditions are encountered.

(Ord. 77-42 § 821, 1977)

Any person constructing a sewer within a street shall comply with all state or county laws, ordinances, rules and regulations pertaining to the cutting of pavement opening, barricading, lighting and protecting of trenches and 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.

(Ord. 77-42 § 822, 1977)

All sewer construction 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 tests prove satisfactory and the sewer has been cleaned of all debris accumulated from construction operations, the inspector shall issue a certification of satisfactory completion.

(Ord. 77-42 § 823, 1977)

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 hours, Saturdays, Sundays and holidays excluded, 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.

(Ord. 77-42 § 824, 1977)

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.

(Ord. 77-42 § 825, 1977)

All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued including the inspection, shall 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.

(Ord. 77-42 § 826, 1977)

In the event an easement is required for the extension of the public sewer, the applicant shall procure and have accepted by the district a proper easement or grant of right-of-way sufficient to allow the laying and maintenance of such extension or connection. Said width shall be determined by the district engineer.

(Ord. 77-42 § 827, 1977)

Only properly licensed contractors or district personnel shall be authorized to perform the work of public sewer construction within the county streets. All terms and conditions of the permit issued by the county to the applicant shall be binding on the contractor.

(Ord. 77-42 § 828, 1977)

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 encountered as a result thereof. He shall also likewise protect the public in the use of the sidewalk against any such conditions in connection with the construction of the sewer, streets, sidewalks and parkways, and other property damaged in the course of the work shall be reconstructed in a manner satisfactory to the district.

(Ord. 77-42 § 829, 1977)

"As-built" drawings showing the actual location of all mains, structures, "tees" and laterals shall be filed with the district before final acceptance of the work.

(Ord. 77-42 § 830, 1977)

Before any acceptance of any sewer line by the district, the requirements of Section 15.24.80 shall be met.

(Ord. 77-42 § 831, 1977)

The district and its officers, agents and employees shall not be answerable for any liability of 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. Applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein.

(Ord. 77-42 § 832, 1977)

If work under a permit is not commenced within six months from the date of issuance, or if, after partial completion, the work is discontinued for a period of one year, the permit shall thereupon become void and no further work shall be done until a new permit shall have been secured. A new fee shall be paid upon the issuance of said new permit, if required.

(Ord. 77-42 § 833, 1977)