Title 13 WATER AND SEWERS
Chapter 13.90 SERVICE AREA NO. 2 SEWER REGULATIONS
13.90.010 Scope.
13.90.020 Law applicable.
13.90.030 County engineer.
13.90.040 Waste discharge permitted.
13.90.050 Prohibited harmful wastes.
13.90.060 Septic tank wastes.
13.90.070 Disturbance.
13.90.080 Inspection.
13.90.090 Extensions system.
13.90.100 Cost of extensions.
13.90.110 Maintenance and operation charges.
13.90.130 Connection permits.
13.90.140 Violations.
13.90.150 Plans and specifications.
13.90.160 Transfer of unit capacities.
13.90.010 Scope.
This chapter shall regulate the use of those sewers installed by the
county located within the boundaries of zone A of Madera County Service Area No.
2, hereinafter referred to as “Bass Lake sewer.” This chapter shall
also apply to the installation and connection of private sewer lines to the Bass
Lake sewer and the discharge of waters and wastes into said Bass Lake sewer by
said private lines. The provisions of this chapter shall apply to the extension
of the Bass Lake sewer for connection thereto by new private sewer lines. (Ord.
411 § l(part), 1975).
13.90.020 Law applicable.
The work to be done and performed pursuant to this chapter shall be in
compliance with federal and state law and Madera County rules and regulations.
(Ord. 411 § l(part), 1975).
13.90.030 County engineer.
The standards for connecting private lines to the Bass Lake sewer, the
installation of sewer lines within the private property which are connected to
said Bass Lake sewer shall be installed at the expense of the owner and pursuant
to plans and specifications approved by the county engineer; provided, that such
installations shall be pursuant to permits issued by the county, and in
accordance with and pursuant to the statutes, rules and regulations of the
federal, state and county governments. (Ord. 411 § l(part),
1975).
13.90.040 Waste discharge permitted.
No permit shall be issued to connect to the Bass Lake sewer which permits
the discharge of any wastes other than normal, domestic or commercial sanitary
wastes. The county engineer shall determine that wastes shall constitute normal,
domestic or commercial sanitary wastes. (Ord. 411 § l(part),
1975).
13.90.050 Prohibited harmful wastes.
No person shall discharge or cause to be discharged into the Bass Lake
sewer any of the following described waters or wastes:
A. Any waste for
which connection permit has not been granted by the county
engineer;
B. Flammable, toxic, or explosive substances;
C. Toxic or
poisonous substances;
D. Strong acids or alkaline solutions;
E. Solid or
viscous substances;
F. Substances having a temperature greater than one
hundred eighty degrees Fahrenheit;
G. Fats, waxes, greases or oils, other
than household wastes;
H. Heavy metals;
I. Phenols or odor/taste
producing substances;
J. Radioactive wastes;
K. Any wastes not
susceptible to the type of treatment provided;
L. Any industrial
wastes.
(Ord. 411 § l(part), 1975).
13.90.060 Septic tank wastes.
Pumpings from septic tanks, cesspools, leach pits, holding tanks and
chemical toilets, except those discharged from recreational vehicles, shall be
discharged only at any designated points operated and maintained by the
district, and in conformance with such regulations and charges as may be
established by the district. (Ord. 411 § l(part), 1975).
13.90.070 Disturbance.
No person shall uncover, make any connection with or opening into, use,
alter or otherwise disturb any portion of the Bass Lake sewer lines, their
facilities and appurtenances, without obtaining a permit from the county
engineer. In the case of an emergency requiring the uncovering of said sewer
lines, the party responsible must obtain a permit and have the affected lines
inspected by the county within forty-eight hours before said lines may be
recovered. (Ord. 411 § l(part), 1975).
13.90.080 Inspection.
No sewer connection, sewer lines upon the private property, or facilities
in connection therewith, shall be used until written approval is obtained from
the building inspector under the supervision of the county engineer. (Ord. 411
§ l(part), 1975).
13.90.090 Extensions system.
Any extension or expansion shall be made to the Bass Lake sewer in
accordance with plans and specifications approved by the county engineer and
adopted by the district. The construction, installation and maintenance of such
extensions or expansions shall be pursuant to federal, state and local laws.
(Ord. 411 § 1 (part), 1975).
13.90.100 Cost of extensions.
A. The board of supervisors, as directors of the service area, shall
determine the cost of the extension and expansion to be paid by the person or
persons desiring or benefiting by such extension or expansion.
B. All
residential land proposed for annexation shall be charged for capacity in the
system based on the number of units shown on the county’s general plan for
residential areas. Commercial and industrial areas proposed for annexation shall
be charged one capacity unit for each three thousand three hundred thirty-three
square feet of lot exclusive of street rights-of-way. A minimum of one capacity
unit per lot shall be charged. Unit charges for special uses shall be determined
by the county engineer, with the right of appeal to the board of
supervisors.
C. The board may further determine the manner in which said
extension or expansion shall be paid by said person or persons. It may consider,
but shall not be limited to, requiring payment in cash, the construction of the
sewer by a developer of land, or the institution of the proceedings for the
levying of an assessment pursuant to an improvement act. (Ord. 411-A § 1,
1976: Ord. 411 § 1(part), 1975).
13.90.110 Maintenance and operation charges.
A. An annual service charge shall be established by the board of
supervisors for each improved parcel of land.
B. The service charge shall be
based on an estimate of contribution to the system where one unit equals three
hundred fifty gallons per day average for a peak week.
C. For commercial and
industrial uses, the right to meter water consumption as a basis of contribution
shall be reserved for either the district or the user at the cost of the
requesting party under the direction of the county engineer.
D. Schedule of
maintenance and operation units:
|
Use
|
M/O Units
|
|
1. Single family dwellings
|
1.00
|
|
2. Apartments--multiple family (per unit)
|
0.75
|
|
3. Guesthouse (as defined in the county zoning ordinance)
|
0.50
|
|
4. Multiple family dwelling (per unit)
|
0.75
|
|
5. Laundries, self-service (per washing machine)
|
1.00
|
|
6. Mobile home parks (per space)
|
0.75
|
|
7. Motels and hotels (per occupancy unit)
|
0.33
|
|
8. Restaurants (per seat)
|
0.08
|
|
9. Bars and cocktail lounges (per seat)
|
0.05
|
|
10. Bass Lake School
|
5.00
|
|
11. Service station
|
1.50
|
|
12. Existing movie theater
|
3.00
|
|
13. Campgrounds, RV parks or travel trailer parks without individual sewer
hook-ups (per space)
|
0.17
|
|
14. Campgrounds, RV parks or travel trailer parks with individual sewer
hook-ups (per space)
|
0.33
|
|
15. Automatic car wash
|
3.00
|
|
16. Buildings without plumbing
|
-0-
|
|
17. Septic tank discharge
|
As determined by resolution of the board of supervisors based on pumping
truck capacity.
|
|
18. All other uses or special uses
|
As determined by county engineer.
|
E. The minimum charge for any single chargeable parcel shall be one
unit.
F. The determination of the number of maintenance and operation units
applicable to each improved parcel shall be made yearly on or before February
15th by the county engineer for the fiscal year commencing July 1st. (Ord. 473
§ 2, 1983; Ord. 411-A § 2, 1976: Ord. 411 § 1(part),
1975).
13.90.130 Connection permits.
Each parcel of property, residence, building or facility requiring
delivery of sewage effluent to the Bass Lake sewer shall not be connected to
such sewer facilities until a connection permit has been issued by the
engineering department of the county.
The permit shall be issued only
upon the following conditions:
A. That a connection permit application has
been obtained from the county engineer;
B. That all required fees and
connection charges as provided by the board of supervisors have been paid to the
county;
C. That all rights-of-way have been obtained for the proposed
facilities;
D. That all federal, state and county laws and regulations
pertaining to such connections have been complied with;
E. That all
agreements between service area no. 2 and the persons requesting the connection
have been complied with as determined by the board of supervisors;
F. That
the connection permit application has been signed by the last owner of record of
the property. (Ord. 411 § l(part), 1975).
13.90.140 Violations.
Upon acceptance of the system by the board of supervisors, it shall be
unlawful for any person to connect to, construct, or install, provide, maintain
or use any other means of sewage disposal from any building in the area served
by the Bass Lake sewer system except by connection to the sewer system in the
manner prescribed.
Any person violating any provision of the ordinance
codified herein, or any rule or regulation established by the county or service
area no. 2 pertaining to the operation of said Bass Lake sewer system, shall be
guilty of a misdemeanor. In addition thereto, each person in violation of any of
the provisions of this chapter shall be liable in damages to the district in a
sum determined by a court of competent jurisdiction and, if the violation
continues, it shall be deemed a new violation for each day that said violation
continues. The county and service area no. 2 shall have the authority to
commence an action in a court of competent jurisdiction to enforce any of the
provisions of this chapter by writ of mandate or otherwise. (Ord. 411 §
l(part), 1975).
13.90.150 Plans and specifications.
The county engineer may require the filing of maps, puts or specifications
for sewer systems upon any premises that is to be connected, or is connected, to
the Bass Lake sewer. With the consent of the person in possession of the
premises or the owner, the county engineer or his designated representative may
enter upon any and all private premises for the purpose of inspection,
reinspection, observation, measurements, sampling, testing, or otherwise
performing such duties as may be necessary in the enforcement of the provisions
of this chapter and the rules and regulations established for its
implementation. In the event the owner of the premises or the person in
possession of the premises fails or refuses to file the maps, plats,
specifications of the sewer system on the private property, and inspection
thereof is refused, then the district may refuse to connect the service or may
discontinue the service until the specifications are filed and so inspected.
(Ord, 411 § l(part), 1975)
13.90.160 Transfer of unit capacities.
A. Capacity units are defined as the units provided for each parcel as its
rightful share in and to the capacity of the sewage plant and
facilities.
B. Capacity units are not transferable except:
1. Transfers
which may be authorized by the board of supervisors, provided that the board
shall make a finding set forth in the records of the board that the market value
of the parcel of land from which the units are to be transferred is in excess of
the amount of bonded indebtedness against that parcel after the units have been
transferred from the property;
2. Those units built into the plan by the
district itself which may be sold by the district;
3. One hundred and
sixty-five excess units on Parcel 86 which may be transferred by the owner of
the parcel.
C. Transfer of units for Parcel 86 and Parcel 85 shall not
effect assessment map for the issuance of 1915 bonds on those
properties.
D. Before any excess units may be transferred, all existing
requirements, insofar as the present use of the property is concerned, must
first be satisfied.
E. Transfer of any units must have prior authorization
from the county planning department to provide for the prezoning of the parcel
to which the units are to be transferred and the rezoning of the parcel from
which the units are so transferred. This requirement shall not apply to the
units held by the district, but proper zoning shall be required for the
application of such units to any parcel for which the units are
acquired.
F. The engineering department shall keep all files pertaining to
the current record of the number of units assigned to each parcel and shall
maintain a record of each transfer of any capacity units.
G. Nothing in this
section shall preclude or limit the right to transfer sewer units from a parcel
of land once all assessments for the payment of all bonds against said parcel
have been paid and discharged.
H. The amount of money to be paid for the
transfer of any unit from one parcel to another parcel of land shall be subject
to the approval of the board of supervisors. Such approval shall be as set forth
in the authorization specified in subsection B(l) of this
section.
I. Notwithstanding any other provision of this chapter, the
district may sell to the owner of any parcel of land within the assessment
district any excess units of capacity for a price negotiated by the buyer and
the district, but, in no event, shall the price for any such unit of capacity be
less than the cost of that unit as of November 1, 1974, plus eight percent per
year interest thereon until the date of sale.
J. Notwithstanding any other
provision of this chapter, the district may contract for the use with the owner
of any parcel of land outside the district, for any units of capacity for a
price negotiated by the buyer and the district, based upon a contract price not
less than the cost of that unit as of November 1, 1974, plus eight percent per
year interest thereon until the date of contract. (Ord. 411-B § 1, 1976;
Ord. 411 § 1(part), 1975).
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