La Palma Municipal Code Art. I In General

(a) The charges for sewer service within the City Municipal Sewer District No. 1 shall be as established by resolution of the City Council.

(b) The charges established in this section shall be collected on a monthly or bi-monthly basis, and may be collected with the water or sanitation charges billed for said services.

(Code 1975, § 21-1; Ord. No. 72-18, §§ 2—4; Ord. No. 82-9, § 1; Ord. No. 97-04, § 1)

A deposit for sewer service shall be equal to a two-month charge for service, and shall be required and returned or applied at the same time and in the same manner as the water deposit pursuant to section 42-30.

(Code 1975, § 21-1.1; Ord. No. 82-25, § 1)

The City shall have the authority to perform billing and/or collection functions for the sewer service either by City employees or by private contractors, as determined by the City Council. In the event that the City contracts with one or more private contractors to perform any or all of the sewer billing and collection functions, each such private contractor shall be an agent of the City for the limited purpose of performing of such function or functions.

(Code 1975, § 21-1.2; Ord. No. 97-04, § 3)

All sewer bills shall be due and payable upon presentation and shall become delinquent if no payment is received by 5:00 p.m. on the due date shown on the statement.

(Code 1975, § 21-1.3; Ord. No. 82-25, § 3; Ord. No. 83-6, § 2; Ord. No. 84-22, § 2)

All charges for sewer service shall constitute a valid and subsisting claim in favor of the City and against the owner of the property. In addition, the City may sue in any court of competent jurisdiction for any amount due and payable, attorney's fees, costs of such suit, and for such other and further relief as to the court appears appropriate in the circumstances.

(Code 1975, § 21-1.4)

(a) A uniform sewer connection charge shall be established by resolution of the City Council for each residential unit and such other uses attached to the sewer system of the City.

(b) This charge shall be collected only once per each connection, and is collectible by the City Manager or his or her authorized agent at any time prior to the recording of the final tract map or issuance of a building permit. If the connection is not to new construction, it shall be collected and paid prior to or concurrently with connection approval.

(c) The City Council may, upon the affirmative vote of four of its number, modify, reduce or waive the sewer connection charge herein established, upon their finding and determination that to do so would be in the best interests of the City and comport with the public peace, health, safety and welfare.

(d) If it is determined by a majority of the City Council that there is an area outside of City limits that, from a combination of engineering and economic reasons, should be served by the City sewer system and such service would not be to the City's disadvantage, such sewer service may be provided and charges shall be paid therefor if not less than those provided for herein.

(Code 1975, § 21-2; Ord. No. 139, §§ 1, 2; Ord. No. 159, §§ 1—4; Ord. No. 205, §§ 1—4; Ord. No. 78-15, § 1; Ord. No. 82-9, § 2)

State Law reference— City has authority, by two-thirds vote, to require property owners within sewer district to pay a connection fee for connecting to sewer improvement constructed pursuant to this State law, Health and Safety Code § 4640.6.

No person shall undertake the installation of sewer laterals and mains or any work in connection therewith unless a permit is obtained in accordance with the provisions of this chapter; provided, however, that no permit or fees shall be required for work pursuant to subdivision improvement agreements.

(Code 1975, § 21-3; Ord. No. 78-15, § 1)

(a) A person who installs sewer mains, manholes, laterals, and appurtenances shall comply with applicable City standards, including the provisions of chapter 36 of this Code, for the construction of these facilities, shall be licensed by the State to do this type of construction work, and possess a current City business license.

(b) It shall be unlawful for any person to lay or construct any sewer facilities in, over, along, across or through any public right-of-way or attach to the sewer system of the City without first obtaining a permit therefor from the City Engineer as provided herein and chapter 36 of this Code.

(Code 1975, § 21-4; Ord. No. 78-15, § 1)

Each application for a permit shall be accompanied by an issuance fee to be established by resolution of the City Council, no part of which shall be returned to the applicant regardless of the action taken on the application. This application fee shall be in addition to an application fee for excavations in the public right-of-way.

(Code 1975, § 21-5; Ord. No. 78-15, § 1; Ord. No. 82-9, § 3)

Applications for permits required by this chapter shall be filed in writing with the City Engineer. The application shall be signed by the applicant and shall state:

(1) The name and address of the applicant.

(2) The location, purpose, extent and nature of the proposed excavation, fill or obstruction.

(3) The time during which it is estimated that the excavation, fill or obstruction will exist.

(4) That the applicant agrees to indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any and all penalties, liabilities or annoyances or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to the application.

(5) That the applicant agrees that if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant, or his or her successors or assigns, within ten days after the receipt of a written notice from the City Engineer to do so, will at his or her own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the City Engineer, relocate them to a site which may be designated by the Engineer.

(6) Any additional information which the City Engineer may deem necessary for the proper disposition of the application.

(Code 1975, § 21-6; Ord. No. 78-15, § 1)

(a) The application shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, obstruction or fill, and other detail which the City Engineer may require.

(b) Each applicant for permit shall submit to the City Engineer satisfactory proof of the applicant's right to use the highway for the purpose set forth in the application.

(Code 1975, § 21-7; Ord. No. 78-15, § 1)

The City Engineer may require such changes in the application in respect to the location, dimensions, character or number of the proposed excavations, fills or obstructions as in his or her opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway.

(Code 1975, § 21-8; Ord. No. 78-15, § 1)

Applications for permits hereunder shall be filed not less than 48 hours, two regular working days, before the work is proposed to be done.

(Code 1975, § 21-9; Ord. No. 78-15, § 1)

If the applicant for a permit complies in all respects with this chapter and with all other applicable laws, rules, regulations or ordinances of the City and/or of any other public agency and pays the fees and deposits required by this chapter, the City Engineer shall approve the application and issue the permit.

(Code 1975, § 21-10; Ord. No. 78-15, § 1)

The permit shall be subject to the following conditions:

(1) The permit must be kept at the site of the work and be shown on demand to any authorized representative of the City or any law enforcement officer.

(2) The permit shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction.

(3) All work shall be performed in accordance with the provisions of this chapter and of all applicable laws, rules and regulations of the City and any other public agency and to the satisfaction of the City Engineer.

(4) The permit shall be nontransferable.

(5) The City Engineer may cancel the permit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the City Engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending such notice to the applicant by ordinary mail to the address shown on the application.

(6) The City Engineer may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he or she may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Code 1975, § 21-11; Ord. No. 78-15, § 1)

This permit and issuance fee provided for in this article is an addition to that permit and fee required for excavating in the public right-of-way and the pavement breakage deposit required therein.

(Code 1975, § 21-12; Ord. No. 78-15, § 1)

(a) Responsibility; main house and connecting sewer, repair and upkeep.

(1) The property owner or agent is responsible for the maintenance, repair and upkeep of the connecting sewer and house sewer from the property owner's structure up to and including the point of connection (e.g., wyes, tees, saddles, manhole structures, etc.) to the main sewer line. The property owner or agent is responsible for all routine and emergency cleaning of the connecting sewer and house sewer lines.

(2) The City is responsible for the maintenance, repair and upkeep of the main sewer. It shall be the responsibility of the City to keep the main sewer free and clear for the even flow of sewage.

(3) Should repairs to or replacement of the house sewer or connecting sewer be needed, which will require excavation in the public right-of-way, the property owner or agent must first obtain an encroachment permit from the City of La Palma before the work can begin, in accordance with sections 34-7 through 34-16.

(b) Restrictions of deposit in sewer. No person shall throw or deposit any material or liquid into any vessel or receptacle directly or indirectly connected to a public sewer that is not in conformance with current Orange County Sanitation District regulations. This shall include, but not be limited to, storm drain discharge, groundwater discharge, and toxic or malodorous gases or materials. In addition, the City shall enforce the general and specific prohibitions of the national pretreatment program under Title 40 of the Code of Federal Regulations, Section 403.5 (40 CFR 403.5), as they pertain to the City's status as a collector system for the Orange County Sanitation District. No person shall therefore introduce any of the following into the City's sewer system:

(1) Pollutants which create a fire or explosion hazard in the sewer collection system or the publicly owned treatment works (POTW), including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.

(2) Pollutants which cause corrosive structural damage to the sewer collection pipes and structures, but in no case discharges with a pH lower than five, unless the works are specifically designed to accommodate such discharges.

(3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the sewer collection system or the POTW, resulting in interference.

(4) Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

(5) Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 104 degrees Fahrenheit or 40 degrees Centigrade, unless the approval authority, upon request of the POTW, approves alternate temperature limits.

(6) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil in amounts that will cause interference or pass through.

(7) Pollutants which result in the presence of toxic gasses, vapors or fumes within the sewer collection system or the POTW in a quantity that may cause acute worker health and safety problems.

(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.

(Code 1975, § 21-11.1; Ord. 2007-02 § 1)