Pico Rivera Municipal Code Ch. 13.56 Sewer Reconstruction

This chapter shall be known as the "Sewer Reconstruction Fund," may be cited as such, and will be referred to herein as "this ordinance" or "this chapter."

(Prior code § 5081.1)

A. Most of the existing sewers in the city were constructed many years ago and were designed to serve single-family residential and agricultural properties at a time when the city was of low population density. Because of the erection of many multifamily dwelling units, apartment houses, and the growth of commercial and industrial establishments, the population density of the city has greatly increased, with the result that the city sewerage system is no longer adequate to accommodate the increased volume of sewage generated by such development. Detailed studies and findings of this fact are contained in the Sanitary Sewer System Study prepared by the city engineer and on file in the office of the city engineer.

B. The purpose of this chapter is to establish a charge to be collected from the owners of such properties proposing to discharge, to the public sewer, quantities of sewage in excess of the quantity for which the existing sewerage system was designed, and to establish a fund into which these charges may be deposited and from which money will be available for the city sewer reconstruction program.

(Prior code § 5081.2)

"Public sewer," or "city sewerage system" or "city sewers,"

as used in this chapter, mean a main line sanitary sewer, dedicated to public use, but excepting therefrom sewers under the jurisdiction of a public entity other than the city of Pico Rivera.

(Prior code § 5081.4)

The city engineer shall enforce and administer all of the provisions of this chapter.

(Prior code § 5082.2)

No person shall, within the city, erect, construct, enlarge or alter any building or structure, or cause the same to be done, without first having complied with the provisions of this chapter.

(Prior code § 5082.1)

A. The sewer reconstruction program shall be carried out basically in accordance with the City of Pico Rivera Sewer Reconstruction Plan contained in the report of the city engineer entitled "Sanitary Sewer System Study," on file in the office of the city engineer.

B. If compliance with the reconstruction plan is impossible or impractical because of peculiar or unforeseen conditions, and the purposes of this chapter may be accomplished and the public health and safety assured by alternate construction, the city council may from time to time grant exceptions to the reconstruction plan by motion permitting such alternate construction.

C. In addition, the city engineer is directed to periodically review the sewer reconstruction plan and report to the city council any proposed changes in the plan which may hereafter be adopted and approved by the city council by motion.

(Prior code § 5081.3)

The size and grade of each public sewer must be such as to provide at all times sufficient capacity for peak-flow rates of discharge. In order to establish estimates of sanitary sewage at peak flow, each applicant for a building permit shall submit plans of intended construction, and such information as the city engineer may require, on printed forms provided for that purpose. The following Table 13.56.070 is established as the peak flows for the various occupancies, and shall be used as a basis for computing the discharge rate to the public sanitary sewer. (See Table 13.56.070, following this section.)

A.

Table 13.56.070 Determination Of Capacity

B. Any occupancy not contained within the aforementioned classification shall be rated by the city engineer at a peak flow based upon any aforementioned classified occupancy it most nearly resembles. Until the city council, based upon further engineering studies, determines excessive peak-flow discharge for single-family residential property, all single-family residential property shall be classified at six hundred gallons per day per dwelling unit; provided, however, any single-family classification having in addition to a single-family use on each five thousand square feet of lot area an accessory use discharging sewage to the public sewer, shall be classified for the purpose of this chapter as a multiple dwelling.

C. The peak flow to the sanitary sewer for a building containing mixed occupancies shall be determined by adding the peak flow characteristics of the various occupancies as set forth in Table 13.56.070.

(Prior code § 5083.1)

A. The aforementioned table of peak flows is based upon the Sanitary Sewer System Study prepared by the city engineer using engineering criteria and mathematical formulae in determining existing sewer capacity, needed sewer reconstruction by discharge over and above existing sewer capacity, and the cost and scheduling thereof.

B. As a result of such study, the city council finds and determines that the total cost of reconstruction, as set forth in said sewer plan, will be at the rate of ninety-two cents per gallon of peak flow in excess of six hundred gallons, which rate shall be modified periodically to reflect any changes in construction costs.

C. In order to pay for such reconstruction, a reconstruction charge shall be imposed in accordance with the terms and provisions of this section. The applicant for any permit required under Chapter 15.08 of this code shall declare all information necessary, as determined by the city engineer, to comply with the provisions of this chapter, and shall pay to the city at the time of issuance of such a permit, a charge based upon the total peak flow resulting from such building or structure, as determined from the aforementioned schedule, times ninety-two cents per gallon thereof.

D. In determining such charge, each five thousand square feet of lot area shall be given a credit of six hundred gallons. The amount of gallons of peak flow over and above said six hundred gallons per five thousand square feet of lot area shall be used in determining the charge to be imposed for the purpose of this chapter at the rate of ninety-two cents per gallon thereof.

(Prior code § 5083.2; Ord. 982 §§ 1-3, 2002)

A. In accordance with the Sanitary Sewer System Study, aforementioned, the city council finds and determines that there are certain critical areas within the sewerage system which are overloaded, as set forth on Appendix C of that certain study entitled "Sanitary Sewer System Study," of the city engineer. Where the city engineer hereafter determines in any such critical area that further construction will result in sewage being disposed in the sewer lines of such area in excess of the capacity available to handle such sewage, to the point that the sewage may back up or overflow, creating a hazard to the public health, the city engineer shall so certify in writing such a determination and finding to the chief building official, and thereafter no building permit shall be issued for any building or structure within such area until the city engineer has certified a sufficient capacity is available in the public sewer, or can be made available before the building is occupied.

B. If any owner, in order to obtain sufficient capacity for a sewer, shall with the approval of the city engineer reconstruct public sewers as herein defined, said owner shall receive as a credit against the payment of any sewer reconstruction charges, an amount equal to the cost of such reconstruction not subject to reimbursement pursuant to the terms and provisions of Section 13.40.200 of this code.

(Prior code § 5083.5)

A. The charges collected under this chapter shall be credited to the sewer reconstruction fund. Money deposited in the sewer reconstruction fund shall be expended for the purpose of reconstructing the public sewer system, as set forth in the Sanitary Sewer System Study on file in the office of the city engineer, or as hereafter modified or amended by the city council. All engineering costs, refunds as provided in Section 13.56.110, mileage, overhead, incidental and construction costs necessarily incurred in the reconstruction of sewers shall be charged to the fund, to the extent allowed by law.

B. "Reconstruction," as used in this chapter, shall include the acquisition and construction of public sewers, as defined in Section 13.56.030, or as authorized and subject to Section 5471 of the Health and Safety Code.

(Prior code § 5083.3)

In the event any person shall have paid the applicable sewer reconstruction charge based on the additional peak flow created by new construction, as provided herein, and no portion of the new construction shall have been commenced, and the permit for such construction shall have been cancelled or expired, such person shall be entitled, upon written request, to a refund in an amount equal to one hundred percent of the sewer reconstruction charge paid by such person, minus one percent of the charge for administrative handling. However, the amount retained shall not exceed ten dollars.

(Prior code § 5083.4)