Article III — B

Operation of Water and Sewer Systems at Castle Commerce Center and Related Charges—Sewer Collection System

The provisions of this article shall apply to the direct or indirect discharge of all liquid-carried wastes to Castle Commerce Center's sewer facilities. This article, among other things, provides for the regulation of sewer construction on Castle Commerce Center; the quantity and quality of discharge waste; the setting of waste discharge fees to provide for equitable distribution of costs; development of plans for sewer construction; and establishment of penalties for violation of this article.

(Ord. 1845 § 1, 2008)

• A. Authority to Condition or Deny. The county reserves the right to condition or deny new or increased wastewater discharges from users of the system. The county is authorized to establish fees for the equitable distribution of costs resulting from the program established herein.

• B. Administration. Except as otherwise provided herein, the CAED director shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the CAED director may be delegated by the CAED director.

• (Ord. 1845 § 1, 2008)

Unless otherwise provided in this article, whenever the fees and charges required by this article are based on estimated values or estimated quantities, the director of CAED shall make such determinations in accordance with established practices.

(Ord. 1845 § 1, 2008)

• A. No person other than Castle Commerce Center maintenance personnel, persons contracting to do work for the county or persons possessing a valid sewer connection construction permit issued by the county shall construct or cause to be constructed or altered any public sewer, industrial connection sewer, sewage pumping plant, pollution control plant or other sewerage facility within the Castle Commerce Center and under the Castle Commerce Center's jurisdiction which is or will be discharging wastewater flows directly or indirectly to county facilities without first obtaining approval of sewerage construction plans from the director of CAED.

• B. Every building required to be connected to the public sewer shall be separately and independently connected with the public sewer.

• (Ord. 1845 § 1, 2008)

In all buildings in which any building lateral is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building lateral may be lifted by artificial means and discharged to the public sewer. Construction and maintenance of such facility shall be the responsibility of the property owner served thereby, and no such lifting facility shall be constructed within the public rights-of-way.

(Ord. 1845 § 1, 2008)

• A. All portions of building connections between the connection to the building sewer system and the Castle Commerce Center lateral sewer, collecting sewer or mainline sewer shall be maintained by the user.

• B. Whenever any building connection is broken such that earth and other materials which may tend to cause stoppage of the public sewer, the director of CAED shall, if the owner, agent, or occupant of such premises fails to repair the same after five days' notice to do so, cause such building connection to be removed, reconstructed, replaced, or altered as he or she may deem expedient at the expense of the owner, agent or occupant of these premises and the cost thereof shall be assessed against the building so drained, and this amount shall constitute a lien upon the building or premises so drained, and the assessment shall be collected and the lien enforced by suit in the name of county in any court of competent jurisdiction.

• (Ord. 1845 § 1, 2008)

Upon approval by the board, sewer service may be extended to users outside the Castle Commerce Center limits. However, such new users will be required to pay the rates imposed by this article multiplied by 300%. Plumbing upon the property of the permittee and in all buildings hereafter constructed shall comply with the applicable building/plumbing code. The construction shall require a permit from the building division of the county and payment of the permit and inspection fees.

(Ord. 1845 § 1, 2008)

Each user must notify the county of any planned significant changes to the user's operations or pretreatment systems which might alter the nature, quality, or volume of its wastewater at least 90 days before the change. For purposes of this requirement, significant changes include, but are not limited to, flow increase of 20% or greater, the discharge of any previously unreported pollutants, the increase of regulated pollutant concentrations, or the introduction of a new product using different raw materials.

(Ord. 1845 § 1, 2008)

• A. The county shall have the right, during reasonable hours, to enter the premises of any user to determine whether the user is complying with all requirements of this article. Users shall allow the county ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Inspection of every facility within the limits of Castle Commerce Center that is involved directly or indirectly with the discharge of wastewater to the Castle Commerce Center's sewage collection system may be made by the director of CAED as he or she deems necessary. These facilities shall include, but not be limited to, sewers, sewage pumping plants, all industrial processes, industrial wastewater generation, conveyance and pretreatment facilities, devices, and connection to sewers and all similar sewage facilities. Inspections may be made to determine that such facilities are maintained and operated properly and are adequate to meet the provisions of this article.

• B. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the county will be permitted to enter without delay for the purposes of performing specific responsibilities.

• C. The county shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

• D. The county may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.

• E. Access to all of the above facilities or to other facilities or to other facilities directly or indirectly connected to the Castle Commerce Center's sewage collection systems shall be given to the director of CAED or authorized representative at all reasonable times, including those occasioned by emergency conditions. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the county and shall not be replaced. The costs of clearing such access shall be born by the user.

• F. If the county has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the county designed to verify compliance with this article or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the county may seek issuance of a search warrant from the Superior Court of Merced County.

• (Ord. 1845 § 1, 2008)

When the county finds that a user has violated, or continues to violate, any provision of this article or order issued hereunder, the county may serve upon that user a written notice of violation. The county may require the user to provide a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. The county may require the user to investigate to determine the cause of continued noncompliance. Performance of requirements ordered under a notice of violation in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this article shall limit the authority of the county to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 1845 § 1, 2008)

When the county finds that a user has violated, or continues to violate, any provision of this article or order issued hereunder the county may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 1845 § 1, 2008)

When the county finds that a user has violated, or continues to violate, any provision of this article or order issued hereunder, or that the user's past violations are likely to recur, the county may issue an order to the user directing it to cease and desist all such violations and directing the user to:

• A. Immediately comply with all requirements; and

• B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

• (Ord. 1845 § 1, 2008)

The county may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons or to the environment. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the county may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize endangerment to any individuals. The county may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the county that the period of endangerment has passed.

(Ord. 1845 § 1, 2008)

The remedies provided for in this article are not exclusive. The county may take any, all, or any combination of these actions against a noncompliant user. However, the county may take other action against any user when the circumstances warrant. Further, the county is empowered to take more than one enforcement action against any noncompliant user. (Ord. 1845 § 1, 2008)

Whenever a user has violated or continues to violate any provision of this article, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(Ord. 1845 § 1, 2008)

Whenever any user wishes to connect any building or premises to the Castle Commerce Center sewer system, he or she shall first make application to the CAED director for a sewer connection, and such person shall pay the cost thereof as herein provided. (Ord. 1845 § 1, 2008)

• A. No person, other than employees of the county, or persons contracting to do work for the county, shall construct or cause to be constructed, or alter or cause to be altered, any public sewer any connection or industrial connection sewer over six inches in diameter, or other sewer facility within the county where existing or proposed wastewater flows will discharge directly or indirectly to facilities of the county without first obtaining approval of sewer construction plans from the director CAED.

• B. The applicant shall submit to the CAED for approval, construction plans and such specifications and other details as required to fully describe the proposed sewer facility. The plans shall have been prepared under the supervision of and shall be signed by an engineer of suitable training registered in the state of California.

• C. An approval of plans for sewer construction shall expire one year after date of approval unless construction has been initiated.

• D. Approval of plan for sewer construction and trunk sewer connection permits are not transferable from one person to another person or from one location to another location.

• (Ord. 1845 § 1, 2008)

• A. All sewer lines to be attached to the Castle Commerce Center sewer system shall be inspected by personnel of the county during construction. At least 48 hours prior to cutting into a county sewer, the county shall be notified. In making a connection to a county sewer, no physical alteration of the county's facilities shall commence until an inspector is present.

• B. No wastewater shall be discharged into any public sewer prior to obtaining inspection and approval of sewage construction by the county.

• (Ord. 1845 § 1, 2008)

No person shall repair or cause to be repaired any connection of any building or premises with the county sewer without first obtaining a building permit to do so from the county. (Ord. 1845 § 1, 2008)

In the event the applicant installs sewer line extension facilities, he or she shall furnish to the county a corporate surety bond written by a company approved by the county, in an amount at least equal to the estimate made by applicant's engineer (and approved by the county) of the installation costs to guarantee faithful performance by the applicant, and a surety bond in an amount equal to at least one-half of the estimate to guarantee claims of persons employed by applicant and claims of persons who furnish materials, supplies, and implements used by applicant on such work.

(Ord. 1845 § 1, 2008)

When sanitary sewers are installed in public streets or easements pursuant to the regulations of the county and they have been accepted by the county, they shall become the property of the county and a part of the sewer system of the county. Building sewer lines, including their connection to subtrunk sewers or sewer laterals, shall not be considered county property or become a part of the county sewer system, and their maintenance and repair shall not be the responsibility of the county.

(Ord. 1845 § 1, 2008)

There shall be a separate connection to the sewage system for each building served; except, that when authorized by the CAED director, two or more buildings on the same lot may be served by the same connection.

(Ord. 1845 § 1, 2008)

Where a subtrunk sewer or sewer lateral is to be extended to serve a parcel of land, the sewer line shall extend the full frontage of the parcel, unless it is determined by the director that the line is not likely to be extended to serve any other property. (Ord. 1845 § 1, 2008)

The inside diameter of every sewer line to be installed shall not be less than four inches except as may be determined by the director.

(Ord. 1845 § 1, 2008)

Each user shall be responsible for the construction, maintenance and repair of his or her building sewer line. Each user shall be liable for damages which may result to the sewage system from his or her failure to keep his or her building sewer line in good order. Whenever any building sewer line connected with the public sewer becomes obstructed, broken or out of order, the director shall, if the owner, agent or occupant of the premises fails to repair the same after five days' notice so to do, cause such sewer line to be removed, reconstructed, replaced, altered or cleaned as he or she may deem expedient, at the expense of the owner, agent or occupant of such premises, and the cost thereof shall be collected from the user.

(Ord. 1845 § 1, 2008)

Charges for sewer service shall begin on the first of the month following completion or occupancy of a building, whichever date occurs first, and shall be paid to the finance officer. The finance officer of the county shall cause the premises to be billed for sewer service monthly. The rates listed below are predicated by rates charged to the county by the city of Atwater as all sewage generated at Castle Commerce Center is transported via force mains to the treatment plant in the city of Atwater.

(Ord. 1845 § 1, 2008)

The flat rate will be based on the average daily estimated number of users. A user is defined as an employee and/or visitor/customer.

• A. The basic, minimum flat rate for unmetered water or sewer service shall be $52.75 per month for buildings with five or fewer average daily users.

• B. Sewer service for buildings with six to 10 average daily users shall be charged a rate of $73.85 per month.

• C. Sewer service for buildings with 11 to 15 average daily users shall be charged a rate of $93.40 per month.

• D. Sewer service for buildings with 16 to 20 average daily users shall be charged a rate of $123.74 per month.

• E. Sewer service for building with 21 to 50 average daily users shall be charged a rate of $154.75 per month.

• F. Sewer service for buildings with more than 50 average daily users shall be charged a rate of $255 per month.

• G. Sewer service to buildings that contain temporary residential units will be charged the minimum flat rate of $52.75 per month per unit.

• H. Adjustments. The board may adjust the flat rates established by tenants currently under lease or receiving sewer service based on estimated or actual discharge rates and other factors as appropriate to insure that service charges are comparable to sewer service provided.

• I. New Tenants. The board shall establish the appropriate flat rate for sewer service for all new tenants requesting sewer service.

• (Ord. 1845 § 1, 2008)

For tenants with water meters but no sewer meter, the charge for services shall be based upon metered water service. In cases where meter readings are not taken monthly, an average water use may be determined using the less frequent meter readings and using a 30 day month.

• A. Rate. The rate based on water or sewer metered service shall be 30 cents per gallon per day of average daily flow. Determination of average daily flow shall be computed based on a thirty (30) day month. Where a separate irrigation water meter is not available, a factor of .9 shall be applied to the metered water volume prior to applying the sewer charge.

• B. Alternate Rate. The rate for customers with metered service who pay a connection fee for new or expanded service shall pay a charge of fifteen (15) cents per gallon per day of average daily flow. This alternate rate shall apply only for the first five years of service. Determination of average daily flow and calculation of metered water volume shall be as in subsection A of this section.

To meet the cost increases adopted by the city of Atwater, sewer rates for users at Castle Commerce Center will increase annually by 10%. The increase will be effective on July 1 of each year beginning 2009 and continuing through 2011.

(Ord. 1845 § 1, 2008)

If, in the determination of the director of CAED, sewer discharge volumes can be accurately determined through alternate means, such methods may be employed and metered sewer rates applied to customers without metered water service. Alternative means may include computing sewer discharges by calculation of pumping volume in cases where subtenants discharge to a pump station. The metered rate for sewer service shall apply when alternative means are used for determining sewer discharge.

(Ord. 1845 § 1, 2008)

Sewer connection charges shall be based upon city of Atwater Ordinance No. CS 793. Connection charge payments shall be deposited in the water/sewer enterprise fund. (Ord. 1845 § 1, 2008)

It is unlawful for any person to cause, suffer or permit the disposal of sewage, human excrement or other liquid wastes, in any place or manner except through and by means of an approved plumbing and sewage system.

(Ord. 1845 § 1, 2008)

When charges and fees are based upon the water usage such charges and fees shall be applied against the total amount of water used from all sources unless in the opinion of the CAED director, significant portions of water received are not discharged to a county sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the county.

(Ord. 1845 § 1, 2008)

The county may refuse to furnish sewer service and may discontinue all services to any premises where apparatus, appliances or equipment using water is found by the director to be dangerous or unsafe or where the use of water on such premises is found by the director to be detrimental or injurious to the sewer service furnished by the county to other premises, or where the director finds that negligent or wasteful use of water exists on any premises which affects the county's sewer service. The county shall have the right to refuse or discontinue sewer service to any premises if necessary to protect itself against fraud or abuse. (Ord. 1845 § 1, 2008)

The CAED department is charged with the duty of enforcing this article, or causing its enforcement by other county departments or other agencies, when necessary. (Ord. 1845 § 1, 2008)

In the event of violation (other than nonpayment of billed sewer service charges) of any provisions of this article, the director may disconnect any premises from the sewer system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon failure of such person to prevent or rectify the violation) the director shall exercise his or her authority to disconnect the premises from the sewer system; provided, that such time shall not be less than five days after the date of presentation of such notice; provided further, that in the event such violation results in a public hazard, menace or nuisance, then the director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such condition, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

(Ord. 1845 § 1, 2008)

Castle Commerce Center sewer users will be billed at such intervals as may be determined by the director of CAED. Castle Commerce Center sewer bills will be due and payable upon presentation. If monthly sewer bills are not paid when due, the rules provided in Section 5.48.290 of Article III-A will apply.

(Ord. 1845 § 1, 2008)

If service is disconnected because of nonpayment, or otherwise, there shall be no charge to the customer for the disconnection. Upon application for reconnection, the applicant will be subject to the rules provided in Section 5.48.290 of Article III-A. This provision shall not be construed in any way as affecting the civil liability of the person in default for failure to pay the charges prescribed by this article.

(Ord. 1845 § 1, 2008)

The charges imposed by this article shall be deemed a debt due the county from and against any person subject to the provisions hereof and such person is liable in a civil action in the name of the county, or its assignee, as plaintiff in any court of competent jurisdiction for the amount of the charges imposed by this article, including penalties, costs of suit, and for attorneys' fees, which sum, upon collection, shall be deposited in the water/sewer enterprise fund. (Ord. 1845 § 1, 2008)

In each case where premises are disconnected from the sewer system, the board shall cause the county to take or to request any authorized public officer to take such steps as may be legally taken to abate such premises and to prohibit occupancy of such premises until they are reconnected to the sewer system.

(Ord. 1845 § 1, 2008)

The finance officer and all other appropriate county officers, agents or employees shall promptly, efficiently and economically take all steps, actions or remedies necessary for the collection of charges as provided in this article which are now or may hereafter be provided. (Ord. 1845 § 1, 2008)

The officers, employees and inspectors of the CAED department of the county shall have the right to enter upon the premises of any person at reasonable hours to inspect and to determine compliance with this article.

(Ord. 1845 § 1, 2008)

All persons using the sewer system at Castle Commerce Center shall pay for such service and for the privilege of connecting to the sewer at the rates, at the time, and under the conditions set forth in this article, and shall comply with all provisions of this article relating to the use of the sewer system.

(Ord. 1845 § 1, 2008)

When the county finds that a discharge of wastewater has occurred or may occur in violation of this article, the county may issue an order to cease and desist, and direct the owner not complying with this article to:

• A. Comply forthwith;

• B. Comply in accordance with a time schedule set forth by the county;

• C. Take appropriate remedial or preventive action in the event of a threatened violation; or

• D. Cease operation until appropriate remedial or preventive action is taken and approved by the county. (Ord. 1845 § 1, 2008)

When the county finds that a discharge of wastewater has occurred or may occur in violation of this article, the county may require the owner to submit for approval a detailed time schedule of specific actions which the owner shall take to prevent or correct the violation. (Ord. 1845 § 1, 2008)

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this article or of any order or directive of the director authorized by the provisions of said article is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law.

(Ord. 1845 § 1, 2008)

Whenever there is a violation of any provision of this article, the county counsel is authorized to petition the Superior Court for the issuance of a preliminary or permanent injunction, or both as may be appropriate to restrain the continuance of such violation. (Ord. 1845 § 1, 2008)

Any person who intentionally or negligently violates any provision of this article, or who intentionally or negligently discharges waste or wastewater which causes pollution, or who so violates any cease and desist order, prohibition, effluent limitation, national pretreatment or toxicity standard shall be civilly liable to the county in a sum not to exceed $6,000 for each day in which such violation occurs. The county may petition the Superior Court to impose, assess and collect such sums pursuant to this article and Section 54740 of the California Government Code.

(Ord. 1845 § 1, 2008)

The remedies provided for in this article shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the county. (Ord. 1845 § 1, 2008)

The county reserves the right to deny permission to owners discharging or planning to discharge pollutants into a public sewer which may harm the wastewater collection and treatment system or may cause a nuisance. Denial of permission does not allow said owner to discharge without permission.

(Ord. 1845 § 1, 2008)

The county may impose civil penalties including, but not limited to, fines, and/or cessation of services when any user:

• A. Fails to factually report the wastewater constituents and characteristics of its discharge;

• B. Fails to report significant changes in wastewater constituents or characteristics;

• C. Refuses reasonable access to the user's premises by representatives of the County for the purpose of inspection or monitoring; or

• D. Violates any condition or provision of its permit, this article, any rule adopted pursuant hereto or any final judicial order entered with respect thereto.

• (Ord. 1845 § 1, 2008)

If any provision of this article is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 1845 § 1, 2008)