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).