Chapter 8.52 — CONNECTIONS TO SEWER

For the purpose of this chapter the following definitions shall apply:

(a)

Department means the Department of Sanitation and Flood Control and/or the Department of Planning and Land Use.

(b)

Building Sewer includes only sewer lines and facilities which are connected to a sewer service lateral or trunk line sewer.

(c)

Sanitation District means a district or service area formed pursuant to the Sanitation District Act of 1923, County Sanitation District Act, Sewer Maintenance District Act, Improvement Act of 1911, Community Services District Law, or the County Service Area Law and has by resolution of its governing body made this chapter applicable to the unincorporated territory of the County lying within said District or area.

(d)

Sewer Service Lateral includes all that portion of building sewers located upon public property, highways or rights-of-way.

(e)

Trunk Line Sewer includes all sewer lines and facilities used to convey community sewage.

(f)

Sewer Service Lateral Fee means the sum of fees and charges due the Sanitation District for construction and connection of sewer service laterals and related work as authorized by Section 8.52.040 herein.

(g)

Building Sewer Connection Fee means the sum of fees and charges due the Sanitation District prior to issuance of a Waste water Discharge Permit as authorized by Section 8.52.050.

(h)

Waste water Discharge Permit means the official document authorizing connection of a building sewer to the Sanitation district sewerage system.

(i)

Permittee means any person who has obtained a Waste water Discharge Permit from the department under the provisions of this chapter.

This chapter shall be applicable to the City territory located within Sanitation Districts.

The department is hereby authorized and empowered to make the inspections authorized by this chapter and to enforce the regulations contained in this chapter.

It shall be unlawful for any person to make any connections to or construct any sewer service lateral connections with or to any trunk line sewer within the boundaries of a Sanitation District, or with or to any trunk line sewer which is the property of a Sanitation District, except an officer, employee or agent of the County or Sanitation District authorized to perform such construction or make such connection, or a person authorized by a permit issued pursuant to Chapter 8.48 herein, to perform such construction or make such connection. The department is hereby authorized and directed to make such connections and construct such sewer service laterals and perform related work at the rates, lateral fees, and charges which are now or may hereafter be established by said Sanitation Districts, and said department is hereby authorized and directed to collect such rates, lateral fees, and charges and to issue its receipts therefor.

It shall be unlawful for any person other than a plumber or homeowner licensed by the County to make a connection between any sewer service lateral and any building sewer upon or within a private property in a Sanitation District; and before any such licensed plumber or homeowner may make any such connection between a sewer service lateral and a building sewer within such Sanitation District he shall obtain a Waste water Discharge permit authorizing the connection to be made. Any such connection must be made to the sewer prior to the installation of any plumbing fixtures discharging into the building sewer.

A plumber or homeowner desiring a permit to make a connection to a sewer service lateral or trunk line sewer shall file with the department an application in writing on a form furnished and specified by said department. The application shall include the name of the plumber or homeowner, the name of the owner of the premises on which the work is to be performed, the legal description of the property on which the work is to be performed or in lieu of such legal description of the property on which the work is to be performed, or in lieu of such legal description the official street and number of the premises; or, if there be no official street number, a street number recognized by the department, a sketch or diagram showing the location of the premises. The applicant shall attach to the application a plat showing the location of existing trunk lines and laterals adjacent to the property upon which the work is to be done, and showing the place where it is desired to connect to the sewer service lateral or trunk line sewer.

Before a Waste water Discharge permit shall be issued, all applicable fees, rates and charges imposed by the Sanitation District shall be paid to said department. No Waste water Discharge permit shall be issued unless the application is first approved by said department.

(a)

Definitions. For the purpose of evaluation development feasibility in obtaining public sewer within any of the County Sanitation Districts governed by the Board of Supervisors, the following definitions shall apply:

(1)

Sewer Allocation Matrix (SAM) Index is the official index to determine whether a waste water discharge permit and a building permit shall be issued. The SAM Index shall be utilized only when the public sewer is required and is the sum total of the Sewer Utility and Land Use Factors.

(2)

Sewer Utility Factor is the sewer capacity negative factor based on project sewer requirements and the available sewer capacity.

(3)

Land Use Factor is the project benefit factor based on employment opportunities, low and moderate income housing, public facilities availability, and environmental consideration.

(4)

Available Sewer Capacity is the remaining uncommitted sewer capacity composed of contract sewer capacity or physical sewer capacity.

(5)

Contract Sewer Capacity is the Sanitation District's contract average flow rights through any sewerage system.

(6)

Physical Sewer Capacity is the Sanitation District's physical average flow ability through its own or another sewerage system.

(7)

Committed Sewer Capacity is the sewer right committed by issuing a validated Waste water Discharge permit for the Sanitation District.

(8)

Low and Moderate Income Housing is housing which is provided for low or moderate income households pursuant to agreements with federal, State or local government agencies.

(b)

Sewer Allocation Matrix (SAM). The SAM is the sum total of the Sewer Utility Factor and the Land Use Factor. The SAM Index shall be utilized only when public sewer is required.

(1)

Sewer Utility Factor (Maximum Range = 0 to minus 150 points.)

Sewer Utility Factor

Less than one percent of available = 0 points

Greater than one percent of available = (150 x requested capacity/available sewer capacity)

Available Sewer Capacity is Contract Sewer Capacity or physical sewer capacity, whichever is less, less total Committed Sewer Capacity.

(2)

Land Use Factor (Maximum Range 0—75 points) .

Employment Opportunities (Maximum 20 points)

Commercial Development = 15 points

Industrial Development = 20 points

Residential Development = 0 points

Low and Moderate Income Housing (Maximum 20 points)

Low and Moderate Income Housing = 20 points (see definition)

Other housing = 0 points

Availability of Public Facilities (Maximum 20 points)

School Capacity Available = 5 points

School Capacity Unavailable = 0 points

Within Water District = 5 points

Outside Water District = 0 points

Along Existing/Potential bus route = 5 points

Not along existing/potential bus route = 0 points

Within Fire District (Within 5 minutes response = 5 points

Within Fire District (Outside 5 minutes response = 2.5 points

Outside Fire District = 0 points

Environmental Consideration (Maximum 15 points)

Exempt = 15 points

Negative Declaration = 15 points

Mitigable = 10 points

Non-mitigable = 0 points

(c)

Official Sewer allocation Matrix Limitation . Any development which requires use of public sewer capacity from any of the County Sanitation Districts governed by the Board of Supervisors within which a SAM has been implemented shall be evaluated officially by the Department of Planning and Land Use (PLU) based on the SAM Index at the time of application for a building permit and a waste water discharge permit. Use of the SAM Index at any other time and for any other purpose is unofficial. The Department of PLU will determine the land use factor. The waste water discharge permit and building permit shall not be issued if the SAM Index for the project results in less than 20 points. In addition, no project shall be separated into smaller units or projects for the purpose of obtaining separate waste water discharge permits within a period of 120 days of a previous waste water discharge permit issued for a portion of the project.

(d)

Unofficial Project Feasibility Analysis . Prior to the processing of a development by the Department of PLU, the applicant, with the Matrix as a guide and assisted by the Department of PLU, will be provided an up-to-date by unofficial measure to assist in determining potential development feasibility. The Department of PLU, with the assistance of the Department of Sanitation and Flood Control, will provide unofficial data to the applicant as appropriate to assist the applicant in deciding whether to proceed with a development. No binding commitment for sewer service shall be recognized based on this unofficial data.

(e)

Matrix Evaluation Fee. A non-refundable fee of $25.00 shall accompany:

(1)

An applicant's initial request for an unofficial feasibility analysis, or

(2)

Each application for a waste water discharge permit for each project to which an official SAM is applied.

(f)

Appeal Procedures. If the applicant is dissatisfied with any decision, action or determination based on the SAM Index, he may request consideration in writing filed with the Director of Sanitation and Flood Control not later than 30 days from the date of the SAM Index decision, setting forth in detail the facts supporting the applicant's appeal. The Director shall render a decision on the request for appeal within 30 days of receipt of the request. As appropriate, the Director may arrange a time and place for a conference discussion with the applicant to obtain necessary facts for resolving the decision. If the Director's ruling on the appeal is still unsatisfactory to the applicant,

he may, within 15 days after receiving notification of the Director's action, file a written appeal with the Clerk of the Board of Supervisors. A fee of $100.00 shall accompany any appeal to the Board of Supervisors. Decision on the matter in dispute shall be final.

(g)

Termination . This matrix shall be implemented on a demonstration basis upon the approval of the Chief Administrative Officer, County of San Diego, in any of the County Sanitation Districts governed by the Board of Supervisors at such time that the Director of Sanitation and Flood Control advises that there exists a condition of limited sewer capacity. This matrix shall then remain in effect until such time that its use is terminated upon approval of the Chief Administrative Officer and upon the advice of the Director of Sanitation and Flood Control that the available sewer capacity has been increased to an adequate level.

(h)

Annexations . Upon implementation of this matrix, the Department of Sanitation and Flood Control shall immediately cease accepting applications for annexation to the District in which the matrix is implemented except where extreme and unusual hardship is alleged by the applicant. Extreme and unusual hardship shall be defined as follows:

(1)

Health hazards created by failing septic tanks or other on-site subsurface disposal systems.

(2)

Any other extreme hardship which is different from that suffered generally by the public as a result of the moratorium. Each claim of extreme and unusual hardship shall be ruled upon the Board of Supervisors or Board of Directors on an individual basis.

When connections are made to the trunk line sewers or sewer service laterals within a Sanitation District, all pipes shall be left exposed and all ditches left open until the connection with the trunk line sewer or sewer service lateral has been inspected and approved by an inspector of the department. In case a connection is made to the sewer where it crosses private property the plumber or homeowner shall install the pipe to the main sewer and shall uncover the main sewer line so that a saddle connection can be properly made by a person authorized pursuant to Section 8.52.040 and inspected by the inspector of the department. The homeowner shall obtain all easements required for such installation.

All connections to or with trunk line sewers or sewer service laterals within the boundaries of a Sanitation District shall be made in accordance with the requirements of Chapter 8.48 herein. All licensed plumbers and licensed homeowners engaged in any work provided for in this chapter shall be held responsible for the injury to any property and for all other damages.

It shall be unlawful for any person other than the duly authorized agents of the County or of the Sanitation District to remove, tamper with, or molest any manhole cover to any manhole of the trunk line sewers in a Sanitation District.

It shall be unlawful for any person to drop, throw, put or place any refuse, trash, rubbish or obstruction into the manholes of the trunk line sewers in or owned by a Sanitation District.

When it is necessary to clean a sewer service lateral to relieve stop-ups and the obstruction is found to be due to waste matters which should not have been placed in the sewer, the owner of the property served by the lateral shall pay to the department the cost of removal of such obstruction. When it is necessary to clean a building sewer in order to relieve a stop-up, whether the obstruction causing the stop-up be in the building sewer or the sewer service lateral, the owner of the building sewer shall pay to the department the cost of cleaning such building sewer.

The department may revoke the permit issued to any person in the event of a violation by the permittee of any provision of this chapter. The department may disconnect from the public sewer any connection sewer, main line sewer, or other facility which is constructed,

connected, or used without permit, or which is constructed, connected, or used contrary to the provisions of this chapter.

The department shall make every reasonable effort to notify the owner or occupant of the premises affected by any proposed disconnection and may grant a reasonable time for elimination of the violation. Notifications shall be made by delivery of a notice in writing, either to the occupant of the premises or to the record owner of the property as shown upon the last equalized assessment roll of the County. Such notice shall be delivered either by first class mail, postage prepaid, or personal service.