Title 13 WATER AND SEWERS
Chapter 13.91 SERVICE AREA NO. 3 SEWER REGULATIONS
13.91.010 Scope.
13.91.020 Law applicable.
13.91.030 County engineer.
13.91.040 Waste discharge permitted.
13.91.050 Prohibited harmful wastes.
13.91.060 Disturbance.
13.91.070 Inspection.
13.91.080 Extensions system.
13.91.090 Cost of extensions.
13.91.100 Maintenance and operation charges.
13.91.120 Connection permits.
13.91.130 Violations.
13.91.140 Plans and specifications.
13.91.150 Average volume and flow rate.
13.91.160 Sewer capacity units.
13.91.010 Scope.
This chapter shall regulate the use of those sewers installed by the
county located within the boundaries of Madera County Service Area No. 3,
hereinafter referred to as “Parksdale sewer.” This chapter shall
also apply to the installation and connection of private sewer lines to the
Parksdale sewer and the discharge of waters and wastes into the Parksdale sewer
by said private lines. The provisions of this chapter shall apply to the
extension of the Parksdale sewer for connection thereto by new private sewer
lines. (Ord. 425 § l(part), 1977).
13.91.020 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. 425 § l(part), 1977).
13.91.030 County engineer.
The standards for connecting private lines to the Parksdale sewer, the
installation of sewer lines within the private property which are connected to
the Parksdale sewer shall be installed at the expense of the owner and pursuant
to plans and specifications approved by the county engineer, as provided in
Section 13.91.140; 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;
and further provided, that no installations, connections or facilities shall be
approved unless the maximum infiltration/exfiltration rate is limited to two
hundred gpd, per inch diameter per mile. (Ord. 425-A § 1, 1977: Ord. 425
§ l(part), 1977).
13.91.040 Waste discharge permitted.
No permit shall be issued to connect to the Parksdale sewer which permits
the discharge of any wastes other than normal, domestic or commercial sanitary
wastes. The county engineer shall determine which wastes shall constitute
normal, domestic or commercial sanitary wastes. The maximum
infiltration/exfiltration shall be two hundred gpd. (Ord. 425-A § 2, 1977;
Ord. 425 § l(part), 1977).
13.91.050 Prohibited harmful wastes.
No person shall discharge or cause to be discharged into the Parksdale
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;
M. Discharge from trucks containing pumpings from septic tanks,
cesspools and chemical toilets;
N. Any wastewater containing in excess
of:
0.1 mg/l arsenic
0.2 mg/l cadmium
2.0 mg/l copper
1.0 mg/l
cyanide
1.0 mg/l lead
0.01 mg/l mercury
1.0 mg/l nickel
0.2 mg/l
silver
0.5 mg/l total chromium
3.0 mg/l zinc.
(Ord. 425-A § 3,
1977; Ord. 425 § l(part), 1977).
13.91.060 Disturbance.
No person shall uncover, make any connection with or opening into, use,
alter or otherwise disturb any portion of the Parksdale sewer lines, their
facilities and appurtenances, without obtaining a permit from the county
engineer. In the case of an emergency requiring the uncovering of the sewer
lines, the party responsible must obtain a permit and have the affected lines
inspected by the county within forty-eight hours before the lines may be
recovered. (Ord. 425 § l(part), 1977).
13.91.070 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. 425
§ l(part), 1977).
13.91.080 Extensions system.
Any extension or expansion shall be made to the Parksdale 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. 425 § 1 (part), 1977).
13.91.090 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. The board
may further determine the manner in which the extension or expansion shall be
paid by such 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. 425 § l(part), 1977).
13.91.100 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 Operations Units.
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Use
|
M/O Units
|
|
1. Single-family dwellings
|
1.00
|
|
2. Apartments--multiple-family (per unit)
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0.75
|
|
3. Guesthouse (as defined in the county zoning ordinance)
|
0.50
|
|
4. Multiple-family dwelling (per unit)
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0.75
|
|
5. Buildings without plumbing
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-0-
|
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6. Small store
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1.00
|
|
7. Churches
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1.00
|
|
8. All other uses or special uses
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As determined by county engineer
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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
§ 4, 1983; Ord. 425 § l(part), 1977).
13.91.120 Connection permits.
Each parcel of property, residence building or facility requiring delivery
of sewage effluent to the Parksdale 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. 3 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.
425 § l(part), 1977).
13.91.130 Violations.
Upon acceptance of the system by the board of supervisors, it is 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
Parksdale sewer system except by connection to the sewer system in the manner
prescribed.
Any person violating any provision of the ordinance codified in
this chapter, or any rule or regulation established by the county or Service
Area No. 3 pertaining to the operation of the Parksdale 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 the violation
continues. The county and Service Area No. 3 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. 425 § 1
(part), 1977).
13.91.140 Plans and specifications.
The county engineer shall require the filing of maps, plats or
specifications for sewer systems upon any premises that is to be connected, or
is connected, to the Parksdale sewer, as provided in Section 13.91.030. 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. 425-A § 4, 1977: Ord. 425 § 1(part),
1977).
13.91.150 Average volume and flow rate.
The maximum average volume shall be at five hundred forty thousand gallons
per day (gpd); the maximum average flow rate shall be three hundred seventy-five
gallons per minute (gpm). (Ord. 425-B § 1, 1987: Ord. 425-A § 5,
1977).
13.91.160 Sewer capacity units.
A. The term “sewer capacity unit” refers to the amount of a
parcel’s entitlement to and rightful share in and to the capacity of the
sewage facilities. One sewer capacity unit is defined as two hundred fifty
gallons per day which represents one hundred gallons per person per day with the
average single-family residence being occupied by two and one-half persons;
apartments of one bedroom or less are assigned an occupancy of two persons; for
commercial or industrial property, the estimated sewage flow is divided by two
hundred fifty to determine the number of sewer capacity units necessary. The
term sewer capacity unit as used in this section refers only to entitlement to
capacity in the collection system and has no relationship to any sewer plant
capacity.
B. Sewer 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 the parcel
after the units have been transferred from the property;
2. Those units
built into the plan by the service area itself which may be sold by the service
area.
C. Before any excess units may be transferred, all existing
requirements, insofar as the present use of the property is concerned, must
first be satisfied.
D. 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 service area, but proper zoning shall be required for the
application of such units to any parcel for which the units are
acquired.
E. 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.
F. 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 such parcel
have been paid and discharged.
G. 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.
H. Notwithstanding any other provision of this chapter, the service
area may sell to the owner of any parcel of land within the service area units
of capacity for a price negotiated by the buyer and the service
area.
I. Notwithstanding any other provision of this chapter, the service
area may contract for the use with the owner of any parcel of land outside the
service area, for the use of units of capacity for a price negotiated by the
buyer and the service area. (Ord. 425-B § 2, 1987).
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