HomeMy WebLinkAbout11A - 2ND READ ORD - WATER AND SEWER with revised ordinanceREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 1, 2017
TITLE:
ORDINANCE SECOND READING:
REPEALING AND RE-ENACTING SECTIONS
OF SANTA ANA MUNICIPAL CODE CHAPTER
39 RELATED TO WATER AND SEWERS
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On July 5, 2017, the following ordinance was introduced for first reading and City Council authorized
publication of title by a vote of 7-0:
ORDINANCE NO. NS -2921 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN THEIR ENTIRETY ARTICLES 1, II, III, AND V
OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING WATER AND
SEWERS AND AMENDING RELATED SECTIONS 1-18.2, 16-38, 18-602, AND 18-603 OF THE
SANTA ANA MUNICIPAL CODE f
Since introduction of ordinance, a few typographical errors were discovered. The strikeout
version attached reflect changes that are non -substantive.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an active
role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
11A-1
Ordinance — Second Reading: Chapter 39 SAMC
August 1, 2017
Page 2
Maria D. Huizar
Clerk of the Council
EXHIBIT: Ordinance No. NS -2921
11 A-2
Imf 7/20/2017
ORDINANCE NO, NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REPEALING AND
REENACTING IN THEIR ENTIRETY ARTICLES I, 11,
III, AND V OF CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE REGARDING WATER AND
SEWERS AND AMENDING RELATED SECTIONS
1-18.2, 16-38, 18-602, AND 18-603 OF THE SANTA
ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows.
A. For the purpose of maintaining public health and good order, Chapter 39 of
the Santa Ana Municipal Code governs the provision and use of potable water, recycled
water, and sanitary sewer services throughout the City. Chapter 39 defines and regulates
the relationships between the City's water and sewer enterprises and the community,
especially its ratepayers, and delineates the attendant responsibilities, rights, and
restrictions of the parties.
B. Chapter 39 has been amended in various respects since 1952, albeit in
more limited fashion. Most recently, in 2015, Article VI of Chapter 39 was amended to
update the City's water shortage contingency plan, as prompted by statewide drought
conditions then in effect and that only recently have abated.
C. Each amendment to Chapter 39 has individually served the City well,
though they have left Chapter 39 in need of a more comprehensive revision.
D. In order to synthesize the iterations of the prior amendments, improve upon
the language, and provide clearer direction to staff and the public, it is desirable that
Chapter 39 undergo a more comprehensive update, including the repealing of Article V,
whose function is no longer necessary because the Memory Lane Sewer Line has been
fully funded and completed.
E. Accordingly, Articles I, 11, 111, and V of Chapter 39 of the Santa Ana Municipal
Code shall be updated by repealing and reenacting such articles.
F. As a result of these updates to Chapter 39, certain other sections of the
Santa Ana Municipal Code will no longer be in harmony. These sections shall be
amended concurrently to align with the updates to Chapter 39.
Ordinance No. NS -XXX
Page 7 of 55
11 A-3
SECTION 2. Article i of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 3. Article I of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE I. - IN GENERAL
Sec. 39-1. - Water and sewer service outside city limit.
Except as provided by this chapter, no water or sewer service shall be made with
the water or the sewer systems of the city for the rendering of service in any area not
within the city limits, and no service to any area within the city limits shall provide water
or sewer service to any area outside of the city limits, even though such areas outside the
city limits may stand of record as owned by the same person or persons receiving water
or sewer service on adjacent land within the city limits. The record owner of any parcel
of land adjacent to the city's boundaries who desires to obtain water or sewer service
shall make a request to the director of public works for such service and agree to execute
with the city a legally binding agreement or contract in compliance with all conditions of
water and sewer service in this chapter, California Government Code section 56133, and
the rules of the Orange County Local Agency Formation Commission. Parcels adjacent
to the city's boundaries that are being served by the city water or sewer systems at the
time of adoption of this ordinance shall, by December 31, 2018, request and execute with
the city a similarly compliant agreement for continued service. Failure to complete a water
or sewer service agreement may result in the discontinuation of the sewer or water
service.
Sec. 39-2. - Water and sewer systems development impact fees.
Development impact fee(s) shall be imposed on development project(s) that
require water and or sewer facilities necessary to accommodate growth resulting from the
development(s). Development impact fee(s) may be established by ordinance or
resolution of the city council in compliance with California Government Code section
66000 et seq.
Sec. 39-3. - Water and sewer systems design standards.
(a) All water system distribution, storage, and treatment system components,
combined as one functional unit or system or individually, regardless of ownership and
location, that connect to the city's domestic water system, directly or indirectly, shall be
designed, constructed, and inspected in accordance with the Santa Ana Municipal Code,
the City of Santa Ana standard plans, the latest edition of the Standard Specifications for
Public Works Construction (Green Book), the American Water Works Association
Standards, and the California Waterworks Standards.
Ordinance No. NS -XXX
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11 A-4
(b) All sewer mains, laterals, manholes, lift stations, and other sewer system
appurtenances, regardless of location and ownership, that connect to the city's sewer
collection system, directly or indirectly, shall be designed, constructed, and inspected in
accordance with the Santa Ana Municipal Code, the City of Santa Ana standard plans,
and the latest edition of the Standard Specifications for Public Works Construction (Green
Book).
Sec. 39-4. - Charges, fees, and deposits.
All charges, fees, and deposits in this chapter shall be adjusted from time to time
and established by the city council by resolution and as applicable shall be specified by
the city's miscellaneous fee schedule.
Sec. 39-5. - Private water and sewer lines.
(a) Water distribution lines and sewer collection lines constructed in private
streets or in local streets not meeting the design criteria established by the director of
public works shall be designated as private lines, It is the sole responsibility of the owner
to operate and maintain the private water distribution lines, including without limitation all
routine and emergency repairs, operation, and upkeep of all above ground appurtenances
and underground valves, fittings, pipes, and service connections up to and including the
meter curb stop, It is the sole responsibility of the owner to operate and maintain the
private sewer collection lines, including without limitation all routine and emergency
repairs, operation, and upkeep of sewer manholes and sewerage lift pumps.
(b) The private line owner's responsibility starts at the property line of the
development served. Before construction, engineering plans for the construction of
private lines must be submitted to the Public Works Agency and the Planning and Building
Agency for review and approval in a manner consistent with the city's water and sewer
systems design standards as described in section 39-3. Private water lines not
constructed in conformance with these standards will be declared unapproved water
systems requiring a higher degree of protection against cross -connection. Looped water
lines must be protected against backflow at each connection to the city's public water
system.
(c) Any modifications to private lines and their appurtenances shall be
performed in accordance with the city's standard plans and the California Waterworks
Standards. This includes without limitation the renewal, addition, or removal of service
connections. All work must be permitted by the Public Works Agency and the Planning
and Building Agency. Private water lines with non -conforming modifications will be
declared unapproved water systems requiring a higher degree of protection against
cross -connection than a reduced pressure principle assembly. Upon completion of the
project, and prior to gaining occupancy permits to any of the units served with water and
sewer, as -built plans stamped by an engineer licensed by the state of California must be
submitted and approved by the Public Works Agency,
Ordinance No. NS -XXX
Page 3 of 56
11 A-5
(d) The city shall require the installation of a water meter in accordance with
section 39-23(b) on every service connection to each dwelling unit, irrigation system,
common area amenity, and individual commercial unit tapped from the private water line.
The city will be responsible for the maintenance of the water meters, including meter
reading, meter testing, meter repair, and replacement. To maintain, inspect, test, and read
the public water meters, both an access easement to the development and a maintenance
easement, confined to the water service meter box, shall be granted to the city by the
private property served.
(e) The allowance or permitting by the city of private water lines shall not in any
way authorize the owner or private entity to resell water for profit within the city.
Secs. 39-6-39-14. - Reserved.
SECTION 4. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 5. Article II of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows (corrected language underlined, deleted language in
strikeout for tracking purposes only):
ARTICLE II. -WATER
Sec. 39-15. - Definitions.
As used in this article:
Afterhours means that period of time allotted by the finance director for the
performance of unscheduled water service turn on or turn off, occurring after the regularly
established hours for the performance of scheduled water service turn on or turn off, as
set by the director of finance,
Agency means Public Works Agency, City of Santa Ana.
Applicant means an individual, partnership, association, corporation, receivership,
trust, trusteeship, or agency of government, or other legal entity recognized by the laws
of the state or of the United States applying for water service.
Backflow preventer means an approved device or means to prevent backflow into
the city's potable water system.
Common area amenities means areas within residential, commercial, or industrial
developments for the common use of residents or workers managed by the owner or his
agent, including but not limited to, rental offices, club houses, picnic areas, drinking
fountains or filling stations, exercise rooms, and swimming pools.
Ordinance No. NS -XXX
Page 4 of 56
11 A-6
City means the City of Santa Ana.
Cost means charges and/or fees which include the cost to the city of labor,
materials, equipment, and overhead.
Customer means an individual, partnership, association, corporation, receivership,
trust, trusteeship, or an agency of government or other legal entity recognized by the laws
of the state or of the United States receiving water service.
Date of presentation means the date
customer at their mailing address of record,
up for electronic billing, the date upon which
their electronic mailing address of record.
upon which a bill or notice is mailed to the
or in the event that a customer has signed
electronic notice is given to the customer at
Director of finance or finance director means the chief administrative officer of the
department of finance and management services or his authorized designee.
Director of public works means the chief administrative officer of the public works
agency, City of Santa Ana, or his authorized designee.
Department of public works or public works department means the public works
agency.
Department of finance or finance department means the finance and management
services agency,
Fee means the amount established by resolution of the city council which is
intended solely to cover the reasonable administrative costs (time, materials, overhead)
incurred in performing any specified act on behalf of any person or at any person's request
for which said person shall be liable.
Gender pronouns: The masculine includes the feminine and neutral genders.
Greywater means untreated wastewater that has not been contaminated by any
toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily
wastes; and does not present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater
from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry
tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise
defined by the California Health and Safety Code.
Main means the distribution pipe line located in a street, highway, public easement,
or private right-of-way which is used to serve the general public.
Master meter means a meter, read by the city, that measures water usage for an
entire property or structure, which may include common areas.
Ordinance No. Ns -XXX
Page 5 of 56
11 A-7
Meter means any suitable water measuring device or facility which measures or
determines the volumetric flow of water.
Multi -family dwelling/accommodation means an apartment building, apartment
house, condominium complex, or any other group of residential units located upon a
single premises, including mobile home parks, providing the residential units therein meet
the requirements for a single family accommodation. Hotels or motels consisting primarily
of guest rooms and/or transient accommodations are not classified as multifamily
accommodations.
Municipal utility services account/billing statement means the consolidated
account and/or billing statement to which refuse service charges, sanitation service
charges, sewerage service charges and other sewerage related charges and fees, water
commodity consumption charges, and other related water service charges and fees
(including fire line service charges), together with corresponding penalties, as applicable,
shall accrue and/or are stated.
Parcel means a division of land as shown in the Orange County Assessor's Book.
Person means an individual, partnership, association, corporation or an agency of
any governmental organization, receivership, trust, trusteeship, or other legal entity
recognized by the laws of the state or of the United States.
Premises or service address means the integral property or area, including
improvements thereon, to which water service is provided or for which an application for
water service is filed.
Private fire protection service means provision of stand-by readiness to serve
water to premises through a separate fire service line connection for fire protection only,
such fire service lines to be connected to automatic sprinkling system, hose attachments,
or hydrants.
Property owner or owner means the record owner of real property, as shown on
the most recently issued equalized assessment roll.
Recycled water means treated wastewater supplied by Orange County Water
District from the Green Acres Project, or treated wastewater of comparable quality from
such other water recycling system as the city shall designate.
Service area means all area within the city limits and the area served outside the
city limits.
Service charge or service related charge shall mean any commodity consumption
cost, whether measured by consumption or volume or whether applied as a pass-through
adjustment rate, or any fixed amount or variable schedule of amounts authorized herein
Ordinance No. NS -XXX
Page 6 of 56
11 A-8
or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage,
and water (including fire line service), as established by resolution of the city council,
Submeter means a device that measures water consumption of an individual unit
within a multiunit residential structure or mixed-use residential and commercial structure,
and that is owned and operated by the owner of the structure or the owner's agent.
Temporary service means a water service through a city -owned fire hydrant for
special outdoor events, fairs, construction work, irrigation of vacant property, and similar
uses which, because of their nature, will not be permanent.
Tenant improvement means changes made to the interior and exterior of a
commercial or industrial property to accommodate the needs of tenants, including but not
limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.
Theft of water means the taking of water from any city water main, hydrant, service,
or facility without a meter or the written permission of the city in the form of a permit or
application as provided for in the provisions of this article.
Unit of water means one hundred (100) cubic feet.
Water facilities means water distribution and treatment components, individually or
as a whole, operating to provide storage, flow, and pressurized domestic water. The
following components make up water facilities: wells, reservoirs, pipelines, system
valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and
controls, power distribution, and Supervisory Control and Data Acquisition system.
Water service means the tapping connection, pipe, valves, and other facilities by
means of which water is conducted from the main water line, whether public or privately
owned, to the meter.
Sec. 39-16. - Application for turning on water and transfer of responsibility.
(a) Procedures; registration fee. An application to have water turned on or to
transfer responsibility for water charges shall be made to the finance department of the
city in conformance with the procedures established by the director of finance. A
"registration fee" for the administrative cost therefore shall be made; provided, however,
that the reversion of responsibility for water charges from a tenant to a previously
registered property owner or other customer possessing the legal right to act as a lessor,
at the time of the termination of such tenant's tenancy, shall not constitute a new
application for turning on water or transfer of responsibility for water charges and shall
not be subject to the "registration fee."
(b) Transfer of responsibility. Within the meaning of this chapter, a transfer of
responsibility for water charges occurs when any of the following conditions are met:
Ordinance No. NS -XXX
Page 7 of 56
11 A-9
(1) The owner or other customer possessing the legal right to act as a lessor,
or his authorized agent, informs the department of finance that a tenant has assumed
lawful control of the property or premises or that there has been a change of lawful
tenants; alternatively, the initial tenant or a new incoming tenant informs the department
of finance that they have assumed lawful control of the property or premises.
(2) A lease or other rental agreement (signed by the owner or his authorized
agent) is provided, clearly specifying that the named tenant shall be responsible for
municipal utility services in tenant's own name. A triple -net lease or other written
agreement obligating a tenant to pay charges forwater services and other municipal utility
services provided to the property or premises in the name of the owner or lessor shall not
constitute a transfer in responsibility, and liability for the payment of water charges shall
be deemed to remain with the owner or lessor.
(c) Deposit. Each applicant, except for the property owner of record, shall
make a water service deposit at the time of making an application for turning on water or
transfer of responsibility in an amount as set forth by resolution of the city council. The
deposit may be refunded or applied as an account credit if and when all municipal utility
services account bills rendered have been paid before their delinquent date for a period
of one year.
(d) In the event occupant(s) of any property or premises having registered a
municipal utility services account and transferred municipal utility services into their own
name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner
or his authorized agent) clearly specifying that the named tenant(s) shall be responsible
for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate
the premises, then responsibility for future charges shall revert to the municipal utility
services account of the property owner.
Sec. 39-17. - Applications for new water service and change in service size or relocation.
(a) Any person desiring to request a new water service or change the size or
location of an existing water service shall make application to the agencyfor such addition
or change. The agency, if in its judgment determines that the change in service size or
location is advisable, will issue a permit authorizing the change. The agency reserves the
right to make the final determination of the size of the service connection and its location.
An applicant requesting the new water service or requesting the change in service size
or location shall be liable for all costs. New locations and changes of the location or the
size of water service must be built to city specifications by a private contractor, to be hired
by applicant and inspected by city.
(b) Meters for new water service, resized service, or relocated service shall be
installed by the city. Fees for the service application, meter and installation shall be
payable in advance prior to issuance of an occupancy permit.
(c) The city shall furnish the meters.
Ordinance No. NS -XXX
Page 6 of 56
11A-10
(d) The material used for the installation of new water service or change of the
size or the location of water service shall conform to the water system design standards
in accordance with section 39-3(a).
(e) Before new water service will be permitted by the city, the customer shall
obtain any approval of facilities furnished or installed by customer, which may be required
by the Planning and Building Agency or the Orange County Fire Authority or any other
authority whose approval is required by law.
Sec. 39-18. - Facilities declared property of city; cost of repairs.
All facilities, including but not limited to water meters, meter boxes, fire hydrants
and fittings installed by the city, shall remain at all times the property of the city. Where
replacements, repairs, or adjustments of any facility are rendered necessary by the act,
omission, or negligence of the customer or of any person occupying the premises with
the consent of the customer, any expense incurred by the city shall be charged against
and collected from the customer. If the customer fails to pay such fees, the water may be
shut off until such fees are paid.
Sec. 39-19. - Water rates, service charges, fees and costs.
(a) Water commodity consumption and service charges
(1) Commodity charges. Quantitative consumption rates shall be charged in
the amount which the city council shall establish by resolution and in accordance with
applicable law.
(2) Basic service charges. Charges shall be made for services rendered to
provide and maintain a potable water supply and to provide standby readiness in the
amounts established by and for the purposes described in the resolution adopted by the
city council and in accordance with applicable law.
(3) Multi -family per unit charge. Basic service charges shall be applied to
developments that meet the definition of multi -family dwellinglaccommodation where the
individual units are not individually metered by the city.
(4) Private fire service protection charge (fire line charge). A charge shall be
made for the service rendered to provide readiness to deliver relatively large quantities of
water for short periods of time for on-site private fire protection and suppression systems
in the amounts established by and for the purposes described in the resolution adopted
by the city council and in accordance with applicable law.
(b) Fees to establish water service. All applicants, prior to connecting to a
water main or prior to an increase in size of an existing water meter or service, shall apply
Ordinance No. NS -XXX
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11A-11
and obtain a permit to do so and pay the following fees in amounts as established by
resolution of the city council.
(1) New water service application fee - see Sec. 39-17.
(2) Water meter cost and installation fee - see Sec. 39-17.
(c) City is authorized to charge/levy the following administrative and other fees
and deposits in an amount established by resolution of the city council:
(1) Meter Tturn on or meter turn off fee during weekdays for new water turn on
services and delinquent accounts - see Sec. 39-20(e).
(2) Afterhours turn on or turn off fee during afterhours and holidays for new
water tum on services and delinquent accounts when requested by customer - see Sec.
39-20(e).
(3) Special investigationtmeter reread fee when requested by customer or
when meter was inaccessible at the time the routine meter read was attempted by the
city - see Sec. 39-20(c).
(4) Meter removal sparge fee or meter resetting fee (to re -install meter when
meter was removed for non-payment or for violation of City Code) - see Sec. 39-20(e).
(5) Meld er mMeter shop testing fee (when requested by customer) - see Sec.
39-21(a).
29(e).
(6) Temporary construction meter deposit - see Sec. 39-24.
(7) Temporary construction meter daily rental fee - see Sec. 39-24.
(8) Field collection fee - see Sec. 39-20(j).
(9) Return payment service fee - see Sec. 39-20(m).
(10) Fire flow test application fee - see Sec. 39-28.
(11) Fire flow test witness fee -see Sec. 39-28.
(12) Backflow preventer third -and -final notice generation fee - see Sec. 39-
(13) Water service deposit -see Sec. 39-16(c).
(14) Backflow device testing administrative fee - see Sec. 39-29(e).
11A-12
Ordinance No. NSAXX
Page 10 of 56
(15) Registration fee - application for turning on water and transfer of
responsibility - see Sec. 39-16(a).
20(k).
(16) Tag fee - see Sec. 39-20(d).
(17) Removal of unauthorized "straight pipe" connections fee - see Sec. 39-
(18) In street cut-off (of water services) fee - see Sec. 39-20(I).
(19) Meter read trip fee - see Sec. 39-20(e).
(20) Abstract of billing history fee - Whenever a customer of record or his agent
requests a history of charges and/or fees billed to a municipal utility services account
registered in the name of the customer, an abstract of billing history shall be provided and
an "abstract of billing history fee" shall be added to the customer's next regularly
scheduled municipal utility services account/billing statement. Whenever such request is
made by a third party pursuant to customer's letter of authorization, the fee shall be
payable in advance.
Sec. 39-20. - Payment of water bills and penalties; municipal utility services
account/billing statement.
(a) Date payment due. Water commodity consumption charges, and related
wafer service charges (including any fire line charges), and other fees and penalties shall
be stated as part of a municipal utility services accountlbilling statement along with refuse
related charges as established pursuant to section 16-38 of this Code, sanitation related
charges as established pursuant to section 18-601 eft seq. of this Code, sewerage related
charges as established pursuant to section 39.55.1 et seq. of this Code, and all above
related corresponding associated penalties, and are due and payable to the department
of finance on the date of presentation and become delinquent thirty (30) days after the
date of such presentation, except that when the thirtieth (30th) day falls on a weekend,
city holiday, or city hall closure day, such bills shall be due on the next following city
working day. Any charge for water supplied to any customer, or any related charges or
fees (including fire line charges), together with any refuse service, sanitation service,
sewerage service charges, fees, or penalties due to the city from such customer, or due
from any person who has applied for water service, as herein provided for, shall be added
to any billing being currently rendered to such person, and the same shall become a part
of his current municipal utility services account/billing statement for water service and
subject to all of the provisions of this chapter. Partial payments made upon municipal
utility services account/billing statements shall be applied in the following order: (1) refuse
service related charges, (2) sanitation related charges, (3) sewerage service related
charges, (4) wafter service commodity consumption charges and related charges
(including fire line service charges) and fees established pursuant to section 39-19 of this
Code, and (5) corresponding penalties as provided respectively under sections 16-38(c),
18-603(b), 39-55.2(a), and 39-20(d) of this Code.
Ordinance No. NS -XXX
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(b) Failure of meter to register correctly. If a meter fails to register during any
period, or is known to have registered inaccurately, the customer shall be charged for a
seasonally adjusted average daily consumption for a period of similar duration determined
when the meter was registering accurately.
(c) Meter reread and meter investigation, When a meter box is inaccessible at
the time the routine meter read was attempted by the city or when consumption occurs in
connection with a previously turned off meter, or when a customer requests that the city
verify the accuracy of the read as shown on the bill, the customer shall be charged a
"special investigation/meter reread fee" as established by resolution of the city council for
sending a field representative to the service address to investigate the meter and obtain
a reading or rereading of the meter. If the reading or rereading shows that the previous
read is in error, no special investigation/meter reread fee will be imposed; otherwise such
charge shall be added to the customer's next regularly scheduled water bill.
(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid
balance of all unsatisfied municipal utility services account/billing statement charges,
fees, and penalties thirty (30) days after the presentation date, in accordance with
subsection (a) of this section. Thereafter, a past due notice shall be presented to the
customer. On the next city working day following the seventh (7th) day after the date of
presentation of the past due notice, the water service shall be subject to turn off at the
premises. Two (2) days before the intended turn off of water service, a discontinuance
of service notice for non-payment "turn-off tag" shall be affixed to the premises and a "tag
Gharq fee" imposed for such notification service. Thereafter, service may be
discontinued if the bill is not satisfied within the time required by such notice. Once turned
off, water service shall remain off until all charges, penalties and fines have been paid,
unless an application to have the water turned on is received accompanied by evidence
satisfactory to the department of finance of change of ownership or change in tenants.
Upon the receipt of such evidence, the application for turning on water or transfer of
responsibility for water charges shall be processed as provided for in section 39-16.
(e) Turn off and turn on of service. When the water has been turned off for
non-payment or for the violation of any provision set forth in this code or any ordinance,
regulation or requirement of the city, such water shall not be turned on again unless the
violation has been corrected and all charges and penalties have been paid, unless the
turn off is exempt from such payment by reason of change of person receiving service. A
"meter turn on fee" and "meter tum off fee" shall be made for each separate trip to the
premises for the purposes of turning on or turning off water service during weekdays for
new water turn on services and delinquent accounts and whenever otherwise requested
by customer; provided, however, that turn on or turn off of water service during afterhours
and holidays for new water tum on services and delinquent accounts when requested by
customer, shall be subject to a special "after hours turn on or turn off fee" as established
by resolution of the city council. After a water meter has been turned off for a period of
seven (7) days, the meter may be removed from the service. A "meter removal fee" as
established by resolution of the city council shall be made for the cost of meter removal.
Ordinance No. NS -XXX
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11A-14
A "meter resetting fee" as established by resolution of the city council shall be made for
the reinstallation of the meter and the turning on of the water. A "meter read trip fee" as
established by resolution of the city council shall be payable for each trip to a customer's
premises for the purposes of performing a meter read for closing out of service, or for
start of service, or for transfer of responsibility for service. Fees as herein provided shall
be added to the next water bill issued after date of turn off, turn on, special
investigation/reread, meter resetting/reinstallation or other designated trip, provided the
amount is not collected in advance of the turn off, turn on, special investigation/reread,
meter resetting/reinstallation, or other designated trip. For the purposes of this article,
the term "trip" shall not include the regularly scheduled routine reading of customers'
meters.
(f) Closing bill. Upon the rendering of the final bill for service, the city shall not
refund any credit balance or deposit of less than one dollar ($1.00); any checks returned
that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies
for refund within twelve (12) months.
(g) Individual liability for joint service. Two or more persons who join in one
application or contract for service shall be jointly and severally liable thereunder and shall
be billed by means of a single periodic bill presented to the person designated in the
application process to receive the bill.
(h) Change of address. Water service shall not be given to any customer upon
change of address until all delinquent charges owing thereon at a former place of
residence or business have been paid.
(i) Transfer of charges. When a customer maintains separate water service at
multiple premises in the city under the same name or identity of ownership or tenancy,
and water service has been discontinued at one premises for non-payment, the
department of finance may transfer the unpaid balance owing from the account to which
service has been discontinued to any other account belonging to the customer for which
water service remains ongoing.
(j) Field collection fee. When a representative of the city collects payment of
delinquent charges owing from a customer or customer's agent in the field, in lieu of
performing a turn off or removal of customer's meter, a "field collection fee" shall be
applied and collected from the customer or his agent at the same time as all other
delinquent charges and fees owing are collected.
(k) Removal of unauthorized "straight pipe" connections. Whenever a
customer has connected to the city's water service through an unauthorized straight pipe
connection, the city shall cause such connection to be removed and a "removal of
unauthorized straight pipe connections fee" as established by resolution of the city council
shall be made and billed to the customer.
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(1) In street cut-off of water services. Whenever, in the discretion of the director
of public works any customer's access to the water service must be physically severed
by means of an in street cut-off of water service, whether due to authorized turn on of
water service, or unauthorized straight pipe connection, or other violation of city code, an
"in street cut-off fee" as established by resolution of the city council shall be made and
billed to the customer.
(m) Any charge, fee, or deposit owing to the city which has been paid by an
instrument such as a check or draft which is dishonored upon presentation for payment,
shall be void and of no effect from its inception. The director of finance, may, in his
discretion, withhold the effect of this provision if the instrument is redeemed within fifteen
(15) days of its return. Payment of charges, fees, or deposits following a dishonor of such
instrument upon presentation for payment shall thereafter be made only by credit card,
cashier's check, money order, or cash, which amount shall include any applicable penalty,
as well as a "return payment service fee". The director of finance shall be authorized to
reject payment other than by cash, cashier's check, or money order from such customer
or such customer's agent for a period of two (2) years following any such dishonor.
(n) Water service commodity consumption charges and water related charges
and fees established pursuant to section 39-19 of this Code, and any corresponding
penalties accrued for failure to make timely payment therefore pursuant to section 39-20
shall be a civil debt owing to the city.
Sec. 39-21. - Testing of meters; leaks.
(a) A customer may request the agency to test the meter serving his premises.
The customer shall be charged a "meter test fee" to cover the cost of such test. The fee
shall not be applied if the meter is found to register not more than two (2) percent fast.
The customer shall have the right to observe the performance of the test, and a written
report of the test will be given to him upon request.
(b) When upon test, a meter is found to be registering more than two (2) percent
fast, the city will refund to the customer the amount of the overcharge based on corrected
meter readings for the period the meter was in use, but not exceeding a period of six (6)
months.
(c) When upon test a meter two (2) inches or less in size is found to be
registering more than twenty-five (25) percent slow, the city may bill the customer for the
amount of the undercharge based upon corrected meter readings, seasonally adjusted
for the period the meter was in service, but not exceeding a period of four (4) months.
(d) When upon test a meter three (3) inches or larger in size is found to be
registering more than five (5) percent slow, the city may bill the customer for the amount
of the undercharge based upon corrected meter readings, seasonally adjusted for the
period the meter was in service, but not exceeding a period of four (4) months.
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(e) Customers are required to keep their plumbing pipes, service pipes, and all
facilities on the customer's side of the meter in good order and are required, at their own
expense, to locate and repair any leaks. It is not the city's responsibility to locate or repair
any water facility on the customer's side of the meter. No allowance will be made on a
customer's bill for loss of water, once the water is delivered to the customer's side of the
water meter.
Sec. 39-22. - Finance director; responsibility; administrative authority
(a) The director of finance shall have responsibility for administering the city's
consolidated municipal utility services accounts (refuse and refuse related, sanitation and
sanitation related, sewerage and sewerage related, and water and water related,
including fire line service) as they correlate to account establishment and maintenance,
billing, payment processing, collection, and customer service operations.
(b) To efficiently and equitably implement the purpose and intent of the general
provisions of this chapter subject to his administration, including those portions of
chapters 16 and 18 of this Code relating respectively to refuse service charges and
sanitation service charges in connection with municipal utility services accounts/billing
statements, the director of finance may vary and adjust the strict procedural, billing,
collection, enforcement, or other administrative requirements. In addition, the director of
finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or
reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or
deposit demanded. The director of finance may in his discretion exercise this authority on
a case-by-case basis in connection with any individual applicant or customer, or other
person or legal entity, or on a class -by -class basis in connection with any category, class
or subclass of applicants, customers, or other persons.
(c) In connection with the above described chapters and provisions subject to
his administration, the director of finance shall have the authority to settle, discontinue, or
waive the collection of any claim, or class of claims, for good cause shown, or if it appears
that further proceedings would be without merit, or if the administrative or legal cost
therefore would be excessive, or if the amount of the claim in question is de minimus. A
claim, or class of claims, shall be deemed to be de minimus whenever the total amount
of the claim is determined by the director of finance to be equal to or less than the total
anticipated administrative costs associated with collecting the amount. The director of
finance may in his discretion determine this amount on a case-by-case basis or on a
class -by -class basis.
(d) The director of finance shall have the further authority to interpret, make
rules and regulations, and establish guidelines not inconsistent with the provisions of this
chapter, subject to his administration, or those portions of chapters 16 and 18 relating
respectively to refuse service charges and sanitation service charges in connection with
municipal utility services accounts/billing statements, as may be necessary or desirable
to aid in the administration or enforcement of such provisions, including the establishment
Ordinance No. Ns -XXX
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of service hours for scheduled water service turn on and turnoff, as well as afterhours
periods for the performance of unscheduled water service turn on or turn off.
Sec. 39-23. - General regulations.
(a) There shall be the following types of water services:
(1) Domestic -residential. Domestic -residential water service shall be used to
serve domestic water to residential units, including single-family detached homes, single
family attached units, residential units within multi -family developments such as
apartments, condominiums, and townhomes, residential units within a mixed-use
development, and mobile home spaces.
(2) Domestic -commercial. Domestic -commercial water service shall be used
to serve domestic water to motels, hotels, restaurants, office buildings, commercial
centers, and strip malls.
(3) Domestic -municipal. Domestic -municipal water service shall be used to
serve domestic water to federal, state, county, and city government offices, buildings and
parks.
(4) Domestic -industrial. Domestic -industrial water service shall be used to
serve domestic water to industries such as chemical and allied products, food, mining,
paper and allied products, petroleum refining, and steel.
(5) Domestic -institutional. Domestic -institutional wafter service shall be used to
serve domestic water to hospitals, convalescent homes, developmental facilities, long
term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and
developmental disability facilities.
(6) Domestic -common area. Domestic -common area water service shall be
used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas,
exercise rooms, drinking fountains, cooling equipment and make up waterfor recirculating
decorative fountains.
(7) Irrigation. Irrigation water service shall be used for irrigation systems to
establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop
and pasture growth; or to maintain vegetation on recreational lands such as parks, sports
fields, and golf courses. Irrigation includes water that is applied for pre -irrigation, chemical
application, weed control, field preparation, harvesting, and dust suppression. Irrigation
water service shall be used to irrigate all non-residential irrigated landscapes of 1,000 sq.
ft. and residential irrigated landscape of 5,000 sq. ft. or greater.
(8) Industrial. Industrial water service shall be used to serve water to industries
that use water in their manufacturing or any portion of their fabrication or process systems.
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11A-18
(9) Recycled water. Recycled water service, if available, shall be used in
accordance with section 39-38.
(10) Fire protection. Fire protection services shall be used for fire protection
systems pursuant to the local fire code as specified in section 39-27.
(b) There shall be the following metering requirements:
(1) Each individual residential unit, commercial unit, industrial unit, and mobile
home space shall be individually metered by city or submetered as required by applicable
law.
(2) Residential lots with landscape area over 5,000 sq. ft. shall be required to
have a dedicated irrigation service and water meter.
(3) Non-residential lotswith landscape area greaterthan 1,000 sq. ft. shall have
dedicated irrigation service and water meter.
(4) At the discretion of the director of public works, master metering can be
allowed if site conditions prohibit the installation of individual meters, or submeters are
proposed by the developer.
(5) Newly constructed multiunit residential structures or newly constructed
mixed-use residential and commercial structures for which an application for a water
connection, or more than one connection, is submitted after January 1, 2018, shall at the
owner's sole cost and responsibility have a measurement of the quantity of water supplied
to each individual residential dwelling unit as a condition of new water service. The
measurement may be by individual water meters or submeters. The owner shall be
required to install and read such meters, unless otherwise agreed by the city.
(6) Multifamily dwellings and common interest developments including
apartment complexes, condominiums, townhomes, mixed use developments, and mobile
home parks with common area amenities shall have a dedicated domestic -common area
water service and meter.
(c) Meter required. Every water service, except fire protection services meeting
conditions of section 39-27, shall have a meter installed in the service line in the public
right-of-way or a dedicated easement.
(d) Maintenance of customer's facilities. Customers shall prevent all waste of
water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus
(except facilities owned by the city) in good repair and free from leakage and backflow at
their own expense. Customers shall be liable for all damages which may result from the
customer's failure to maintain such facilities in good repair and free from leakage and
backflow.
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(e) Vacated premises. Water rates will be charged for vacated premises until
the city is notified of the discontinuance of the use of water, and is requested to turn off
the water.
(f) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
water to see that the provisions of this article, resolutions adopted pursuant hereto, and
administrative regulations published in accordance herewith are carried out.
(g) Unauthorized turn -on or tampering. No one except an authorized employee
of the city shall turn the water on or off from or to any premises at any city curb stop, or
connect or disconnect, or in any way tamper with, any pipes in the meter boxes or with
any other part of the water system of the city.
(h) Resale or distribution. No customer supplied by the city shall commercially
supply water to any other person on property other than the premises for which the
customer has applied for service, except as may be permitted by special agreement with
the agency. Water used by any customer shall be restricted to that use specified in the
application or permit for such service.
(i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or
other continuous streams must be shut off promptly upon the sounding of an alarm of fire
or upon notice of other emergency or major disaster. The water shall not be turned on
again until the fire is known to be extinguished or the required repairs have been made.
(j) Shut -offs for extensions and repairs. The city reserves the right upon
reasonable notice, if possible, at any time to shut off the water in its mains for the purpose
of making extensions or repairs, or for other purposes, and all persons having boilers
within their premises not supplied with tanks or cisterns, but depending upon the pipes of
the city to keep them supplied, shall caution against the danger of collapse.
(k) Responsible owner or applicant. In all cases where water is supplied to
several tenants from one connection or tap, the city contracts only with the person
designated on the application. Failure by such person to comply with the provisions of
this article, or with resolutions or regulations enacted or adopted pursuant hereto shall be
sufficient cause to disconnect all service until such ordinances, resolutions or regulations
are complied with.
(1) Right of agency to install facilities. The city shall have the right at any time,
and at any point for good cause, to install or change any water meter, detector check,
backflow preventer, and fittings as required by this article, and the customer shall bear all
costs for work so performed. Failure to pay for these facilities as set forth in this article
shall relieve the city of any responsibility to provide any service and the service shall be
disconnected until full payment of costs, interest, and penalties has been made to the
city.
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(m) Nonliability of city for interruption in service. The city shall not be liable for
damage resulting from interruption of service, shortage, insufficiency, or quality of supply.
(n) Notice to customer for shutdown of service. In case of emergency or during
normal water system maintenance and repair operations, whenever possible, all
consumers affected will be notified prior to any shutdown of service.
(o) Temporary shutdowns authorized. Temporary shutdowns may be restored
by the city for improvements and repairs and the city shall not be liable for any loss or
damage occasioned thereby.
(p) Inspecting apparatus—Right of city. The city reserves the right of inspection
of customer's apparatus at all times.
(q) Resale of water prohibited. Where submeters are utilized, customer shall
not resell to another person at any charge higher than his pro rata share of the total
charges as rendered by the agency.
(r) Pressure and supply. The city assumes no responsibility for loss or damage
because of high water pressure or lack of water or pressure and merely agrees to furnish
such quantities and pressure as are present in its general distribution system. The service
is subject to shut down and variations required by the operation of the system. Any
pressure regulation to control water pressure greater than 80 psi (pounds per square inch)
shall be the responsibility of the customer.
(s) Curb stops. There shall be a curb stop or valve in every attachment just
inside the curb at a point to be designated by the city. The curb stop and box will be
supplied by the city and shall be for its exclusive use and under its exclusive control.
(t) Damage to customer's property. The city will not be responsible for
damages to buildings or their contents from any break in a wafter pipe beyond the street
service box. Water customers shall, fortheir own protection, provide at their own expense
another valve at the first suitable point beyond the meter.
(u) Unused service connection. Any service connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring water service for
such premises or any portion thereof formerly supplied by the inactive service shall make
application for a new service connection and pay the current charge therefore.
(v) Meter box or hydrant obstruction. No person shall place trash, dirt, building
materials, or other objects or obstructions on or around meter boxes or on, around, or
adjacent to city hydrants. No person shall allow the meter boxes or hydrants to become
obstructed or obscured by vines, trees shrubs, plants, or in any manner so as to make
their location difficult to determine, or so as to interfere with or render difficult free access
to, or use of, meter boxes or fire hydrants. In the event of obstruction or obscuring, notice
Ordinance No. NS -XXX
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shall be given by the agency to the property served by such meter, or adjacent to such
hydrant; such notice shall contain the requirement that the obstruction be removed within
twenty-four (24) hours, Where a meter box is obstructed or obscured so that it cannot be
read, a "special investigation/meter reread fee" shall be made for returning to read the
meter.
(w) Responsibility of city. The city's responsibility ends at the customer's side
of the meter or where the city's facilities terminate.
(x) Above ground water system appurtenances. Fire hydrants and
aboveground backflow prevention devices, fire connection stand pipes and above ground
meters shall be entirely color coded as follows:
Public fire hydrant White
Private fire hydrants OSHA Red
Irrigation meter and Backflow Prevention Device Green
Domestic meter and Backflow Prevention Device Blue
Fire Backflow Prevention Device and fire connection standpipes OSHA Red
All colors shall follow the city's standard specification as established by the agency.
(y) Fire hydrant location. Fire hydrants shall be installed in locations specified
by the agency. If an applicant requests, and the agency approves, a change in the size,
type, or location of specified hydrants may be made. The applicant shall pay any
additional costs required to comply with the request.
Sec. 39-24. - Temporary service; fire hydrant meters.
(a) Use of fire hydrants as temporary water service. City fire hydrants are
provided for the primary purpose of extinguishing fire and shall be opened and used only
by the agency, fire department, or such persons as may be authorized by permit. No
person shall draw water from any fire hydrant without a permit. Water shall be drawn from
hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter. Such
auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary valve
closed before any fire hydrant valve is opened. Any person using a fire hydrant without
the required permit, tools, and meter may be charged with theft of water.
(b) Permits shall be issued in the following manner:
(t) Permits shall be issued for a period not to exceed six (6) months. Renewals
for the same location or permits for a different location may be granted only after the city
has inspected the meter for damage or tampering and has determined the amount of
water used as recorded by the meter and that all bills due and payable have been paid
or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs.
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(2) Permits shall not be granted to any individual business or agency known to
be in violation of any provision of this Code.
(3) Permits shall show the name and address of the permittee, the date issued,
the expiration date, the number and location of each hydrant from which water may be
obtained, and the amount of money deposited.
(4) Deposits may be transferred from one permit to another only if all the
conditions of (1) and (2) above have been met.
(c) Deposit and fees. Upon granting any permit under this section, the agency
shall require the applicant to make a deposit as set by resolution of the city council
sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench. Deposits
will be refunded upon the return of undamaged meter and tools and payment for water
used. All or part of the deposit may be forfeited for failure to report the amount of water
used monthly, for failure to pay any bill, or for failure to return any meter and tools issued
to the permittee.
(d) Fees. A daily meter rental fee as set by resolution of the city council, in
addition to the cost of water used, shall be charged for each day the meter is in
possession of the permittee. A minimum fee equal to the total of the daily rental charge
for five (5) days shall also be established. The rental and cost of the water used may be
deducted from the deposit.
(e) Timing. Upon completing the Fire Hydrant Meter Permit Application, a fire
hydrant meterwill be installed by the city atthe location specified in the permit within forty-
eight (48) hours of the completed application.
Sec. 39-25. - Water measurement.
(a) Every water service as defined in this chapter shall be metered.
(b) Water services shall be designated according to the type of use as defined
in this chapter.
(c) Only duly authorized employees or agents of the city shall be permitted to
install water meters. Following the final acceptance of the water service and meter, the
meter and the service connection shall belong to the city and are the sole property of the
city.
(d) Meters will be read at regular intervals for the preparation of regular bills
and as required for the preparation of opening bills, closing bills, and special bills.
Sec. 39-26. - Continuity of service.
11 A-23
Ordinance No. NS -XXX
Page 21 of 56
(a) The city will exercise reasonable diligence to furnish a continuous and
sufficient supply of water to its customers and to avoid any shortage or interruption of
delivery thereof, It cannot, however, guarantee a continuous or sufficient supply or
freedom of interruption.
(b) The city shall not be liable for interruptions or shortage of supply, nor for
any loss or damage occasioned thereby.
(c) Whenever, in the operation of the city's water system, interruption in the
delivery of water to customers results from or is occasioned by cause other than the
exercise by the city of its right to temporarily suspend the delivery of waterfor the purpose
of making repairs or improvement to its system, notice of any such interruption will not be
given to the customers of the city, but the city shall exercise reasonable diligence to
reinstitute delivery of water.
(d) The city, whenever it shall find it necessary for the purpose of making
repairs or improvements to its system, shall have the right to temporarily suspend the
delivery of water. In all such cases, as reasonable notice as circumstances will permit
will be given to the customer, and the making of such repairs or improvements will be
completed as rapidly as may be practicable and at such times as will cause the least
inconvenience to its customers.
Sec. 39-27. - Private fire protection service.
(a) The use of separate fire protection services shall be limited to servicing
structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire
department connection standpipes, and fire hydrants. No such service shall be used for
any purpose other than flushing, fire flow testing, and the extinguishment of fires. All such
services shall be equipped with an approved double check valve assembly in accordance
with section 39-29(i) at the expense of the owner.
(b) A private fire protection service required to be flow tested routinely shall be
equipped with an appropriately sized fire service meter approved by the Orange County
Fire Authority.
(c) For non-residential tenant improvement projects that require a permit, plan
check, or design review costing $50,000 or more, an approved double check valve
assembly shall be installed on the existing private fire service.
Sec. 39-28. - Fire flow tests.
Fire flow tests shall be performed by a certified fire protection professional. An
application shall be submitted and a permit issued to the individual requesting the test
prior to conducting the test. The flow test must be witnessed by a representative of the
agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the
city council, shall be the responsibility of the applicant.
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Sec. 39-29. - Protection of public water supply.
(a) State regulations adopted. The regulations of the State of California related
to Drinking Water Supplies, Title 17, as they are now in effect or as they may be amended
in the future, insofar as the same are applicable to the protection of the water supply of
this city, are hereby adopted, incorporated herein and made a part hereof.
(b) Purpose; applicability.
(1) The purpose of this section is:
(A) To protect the public water supply against actual or potential cross -
connection by isolating within the premises contamination that may occur because of
some undiscovered or unauthorized cross -connection on the premises;
(6) To eliminate existing connections between drinking water systems and
other sources of water that are not approved as safe and potable for human consumption;
(C) To eliminate cross -connections between drinking water systems and
sources of contamination; and
(D) To prevent the making of cross -connections in the future.
(2) It is unlawful to make or maintain, for any period of time whatsoever, any
cross -connection between plumbing pipes or water fixtures being served with water by
the agency and any other source of water supply, or to maintain any sanitary fixture or
other appurtenances or fixtures which may cause or allow backflow of water or other
substances into the water supply system of the city and/or the service of water pipes or
fixtures of any customer of the city.
(3) No water service connection to any premises of a type specified in
subsection (i) of this section shall be installed or maintained unless the public water supply
is protected as required by applicable state regulations and this section.
(c) Approval.
(1) Each backflow preventer required hereunder shall be approved by the
agency prior to installation and shall be installed by and at the expense of the customer
for continued service or before a new service will be granted.
(2) The agency shall approve a device when the device has received approval
by the Foundation for Cross -Connection Control and Hydraulic Research of the University
of Southern California (or other qualified organization as designated by the agency), and
will provide desired service and reliability. The agency shall provide, upon request, to any
affected customer, a list of approved devices.
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(d) Installation.
(1) Devices shall be installed as close as practical to the customer's service
connection and shall be installed above grade in an accessible location approved by the
agency.
(2) Devices shall have at least the same cross-sectional area as the water
meter. In those instances where it is determined that a continuous water supply is
necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices
are required, the sum of the cross-sectional areas of the devices shall be at least
equivalent to the cross-sectional area of the meter.
(e) Maintenance, testing, and records.
(1) The customer shall test and service such devices at least once a year and
immediately after installation, relocation, or repair. A report, in a form acceptable to the
agency, which sets forth the results of such test(s) shall be filed immediately with the
agency. The agency may require a more frequent testing schedule if it is determined to
be necessary and all costs shall be borne by the customer.
(2) Devices shall be serviced, overhauled or replaced whenever they are found
to be defective. All costs of such service, overhaul or replacement, including testing,
repair, and maintenance shall be borne by the customer. The agency may require device
information, such as location and pictures, to be submitted with the test forms.
(3) The agency will supply affected customers with a list of persons acceptable
to the agency to test devices.
(4) The agency will notify affected customers when annual testing of a device
is needed. Failure to notify shall not relieve the customer of the obligation to test and
service its devices.
(5) Upon the issuance of a third and final notice to test a device, the agency
may impose a backflow preventer third -and -final -notice generation fee in an amount
established by resolution of the city council.
(6) The city reserves the right to hire a private tester to test the device and bill
the customer for the cost of the test plus a backflow device testing administrative fee as
set by resolution of the city council, which shall be the responsibility of the applicant, if a
device has not been maintained and tested within six months, or one hundred eighty (180)
days, from the date when the first notice regarding testing was mailed. Reasonable efforts
to notify the customer of the impending testing will be made.
(f) Backflow prevention device removal.
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(1) Notification and approval. The agency must be notified and approval must
be obtained from the agency before a device is removed.
(2) Removal in general. The use of a device may be discontinued and the
device removed from service upon presentation of sufficient evidence to the agency to
verify that a hazard no longer exists or is not likely to be created in the future.
(3) Removal for relocation. A device may be relocated following confirmation
by the agency that the relocation will continue to provide the required protection to satisfy
installation requirements. A retest will be required, prior to return to service, following the
relocation of the device.
(4) Temporary removal for repair. A device may be removed for repair or
service, provided water use is either discontinued until repair is completed and the device
is returned to service, or the service connection is equipped with backflow protection
approved by the agency. A retest will be required, prior to return to service, following the
repair or service of the device.
(5) Temporary removal for replacement. A device may be removed and
replaced, provided water use is discontinued until the replacement device is installed. All
replacement devices must be approved by the agency prior to being put into service and
must be commensurate with the degree of hazard involved. A retest will be required, prior
to return to service, following the replacement of the device.
(g) Water system survey.
(1) Plans and specifications must be submitted to the agency upon request for
review of possible cross -connection hazards for new or existing service connections. If it
is determined that a device is necessary to protect the public water system, the required
device must be installed before service will be provided or continued.
(2) The agency may conduct an on -premises inspection or reinspection to
evaluate cross -connection hazards. Any customer which cannot or will not allow an on -
premises inspection of their piping system shall be required to install the device the
agency considers necessary.
(h) User supervisor. At each premises where it is necessary in the opinion of
the agency, a user supervisor shall be designated by and at the expense of the customer.
This user supervisor shall be responsible for the monitoring of the devices and for
avoidance of cross -connections. In the event of contamination or pollution of the drinking
water system due to a cross -connection on the premises, the agency shall be promptly
notified by the user supervisor so that appropriate measures may be taken to overcome
the contamination. The customer shall inform the agency of the user supervisor's identity
on, as a minimum, an annual basis and whenever a change occurs.
(i) Type of protection required.
Ordinance No. NS -XXX
Page 25 of 56
11 A-27
(1) The type of protection that shall be provided to prevent backflow into the
approved water supply shall be commensurate with the degree of hazard that exists on
the customer's premises. The type of device shall be one of the following:
(A) Approved air gap separation (hereinafter "AG");
(B) Approved double check valve assembly (hereinafter "DC"); or
(C) Approved reduced pressure principle assembly (hereinafter "RP").
(2) The customer may choose a higher level of protection than required by the
agency. The minimum types of backflow protection required to protect the approved water
supply at the customer's water connection to premises, with varying degrees of hazard,
are provided in Table 1 below. Situations which are not covered in Table 1 shall be
evaluated on a case-by-case basis, and the appropriate backflow protection shall be
determined by the agency,
(3) In those instances where conditions warrant, the agency may modify the
minimum installation herein indicated as appropriate to provide a degree of protection
commensurate with the degree of hazard.
TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum
Degree of Hazard Type
of Backflow
Protection
1.
Aircraft and missile plants
RP
2.
Automotive plants
RP
3.
—
Auxiliary water systems (interconnected)
RP
4.
Auxiliary water systems (not interconnected) —
. _.. .—.
RP
Beverage bottling plants
RP
6. 1
BoElers----------~— -----
—�
-
RP
7.
� Breweries
� RP
$
Buildings greater than 3 stories or greater than 34 feet in height from
DC
curb level
9.
Buildings with 2 or more service connections (interconnected) —�
DC
10.1-
0. Buildings with house pumps and/or potable water storage tank DC
Ordinance No. NS -XXX
Page 26 of 56
11 A-28
11
Buildings with wastewater pumping and/or treatment plants (not
RP
interconnected)
12.
Canneries _--
RP
13.
—� Car wash facilities
RP --
14.
heating and air conditioning plants
RP
I15.,
—Centralized
mm
Chemical plants (
—
RP
16.
Chemically treated potable water systems
R
17. f
Civil works (facilities not subject to city plumbing inspection)
RP
18.
Commercial laundries
RP
i 19
T----T
Cooling towers
-----
AG
,20
_
Dairies and cold storage plants
RP
F21.7
Dye works
RP
1� 22.
�_
Film processing laboratories
_.__.... _
RP
r�
23.
24
-----
Fire protection system with biological or chemical additives
^_—.------------.__...---------.--..._._
Fire protection system with unapproved auxiliary water supply (not
1
RP
._.—
DC—�
i
interconnected)
25
Fire protection system with unapproved auxiliary water supply
(interconnected)
RP
X26.
Fire protection system with storage tanks or private reservoirs
DC
FI
127
3
Fire protection systems with 2 or more service connections
I (interconnected)
FDC
328
Food processing plants
RP
129.
High schools and colleges
RP
Holding tank disposal stations_
RP
31.
Hospitals (major complexes)
RP�
32.
- ----- ---- ---
Irrigation systems
RP
33.
Laboratories using toxic materials
RP
34.
Manufacturing, processing, and fabricating plants using toxic
materials
RP
I_
36
.............
Manufacturing, processing, and fabricating plants using nontoxic
RP
materials
36Medical
and dental buildings
i RP
Ordinance No. NS -XXX
Page 27 of 56
11 A-29
37.
Mobile home parks
DC
38.
Motion picture studios (
RP
39.
Oil and gas production facilities
RP
140.
_
Paper and paper production plants
. _
RP
Plating plants
RP
42.
Premises where recycled water is used (not interconnected)
RP
[43T.
-- --- — ---- -- — -
Radioactive materials processing facilities
----------
RP
144.—
Restricted, classified, or other closed facilities
RP
45.1
Rubber plants
RP
46.
Sand and gravel plants
RP
[47.
Sewage and storm drainage facilities —�
RP
48'
Any premises where there is a repeated history of cross -connections
being established or reestablished
P
Unapproved water systems or private piping systems constructed
49
without the approval of the agency or the city's planning and building
AG
agency
Premises where entry is restricted so that inspections for cross
50
connections cannot be made with sufficient frequency or at
RP
sufficiently short notice to assure that they do not exist
0) Discontinuance of water service.
(1) Service of water to any premises may be discontinued by the agency, after
notice, if a device is not installed, tested, and maintained as required by this section, or if
any defect is found in an installed device, or it is found that a device has been removed
or bypassed, or if unprotected cross -connections exist on the premises, or if the agency
determines a hazard or potential hazard exists. Service will not be restored until such
conditions or defects are corrected.
(2) When the agency encounters water uses that represent a clear and
immediate hazard to the potable water supply, the agency shall institute the procedure
for discontinuing the city water service.
(3) Conditions or water uses that create a basis for refusal to provide or
termination of water service shall include, but are not limited to, any of the following items:
(A) Refusal to install a required device.
(B) Refusal to test a device.
11 A-30
Ordinance No. NS-xxX
Page 28 of 58
(C) Refusal to repair a faulty device.
(D) Refusal to replace a faulty device.
(E) Direct or indirect connection between the public water system and a sewer
line.
(F) Unprotected direct or indirect connection between the public water system
and a system or equipment containing contaminants.
(G) Unprotected direct or indirect connection between the public water system
and an auxiliary water system.
(H) A situation which presents an immediate health hazard to the public water
system.
(4) Water service termination procedures shall include the following items:
(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the
agency will terminate service to a customer's premises after written notice has been sent,
specifying the corrective action needed and the time period in which it must be done. If
no action is taken within the allowed time period, wafter service may be terminated.
(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the
agency will take the following steps:
(i) Make a reasonable effort to advise customer of intent to terminate water
service.
(ii) Terminate water supply and lock service valve. The water service will
remain inactive until correction of violations has been approved by the agency.
(k) Information requests. Upon request, the agency will provide interested
parties with copies of section 39-29, rules and regulations for the testing and maintenance
of devices, and such other advice, information, illustrative sketches, drawings and data
as may be necessary to familiarize the customers, engineers, architects and others with
agency requirements.
Sec. 39-30. - Certification of water supply.
Before the issuance of any permit or variance or the signing of any tract map,
parcel map, lot split, or improvement plans, a certification must be obtained from the
agency stating that the wafter system supplying the property meets the requirements for
the last rate classification of the city by the American Insurance Association in supply,
distribution facilities and fire hydrants, or that the property is or will be served by the city.
Ordinance No. NS -XXX
Page 29 of 56
11 A-31
Sec. 39-31. - Greywater systems.
No person shall construct or maintain a greywater system, as defined by the Water
Code of the State of California. In order to avoid the potential health hazard presented by
a greywater system, the public works agency may discontinue water service to any
premises on which a greywater system has been installed until such system is removed.
Sec. 39-32. - Recycled water—Source of recycled water.
(a) The city has agreed to buy recycled water from the Orange County Water
District (OCWD) and to resell such recycled water, as contractor for OCWD, to water
users located within the jurisdictional and service boundaries of the city.
(b) Any city obligation to deliver recycled water is conditioned upon OCWD's
completing and making operational the recycled water treatment and distribution system
known as the Green Acres Project, including the distribution pipeline system necessary
to provide recycled water to users; upon OCWD's making recycled water available for
sale to users; and upon issuance of all necessary permits, certificates, and approvals by
all federal, state and local regulatory agencies having jurisdiction over the construction
and operation of water recycling facilities and over the production, distribution, sale and
use of recycled water. Any obligation is further conditioned upon OCWD being able to
acquire acceptable right-of-way access from the Green Acres Project facilities to the
users' property for distribution pipeline purposes, and upon approval of all federal, state,
and local agencies having regulatory jurisdiction or grant -funding responsibilities with
regard to the Green Acres Project facilities.
(c) The city shall have no obligation to supply recycled water beyond that
usable by the user on the property set forth in any recycled water user agreement.
Recycled water furnished by the city shall be provided solely for the user's use, and the
user shall not resell any such recycled water.
Sec. 39-33. - Same—Pressure and quality of water purchased by user
Subject to compliance by OCWD, all recycled water delivered to users from Green
Acres Project facilities shall conform to the current and future requirements established
bythe California Regional Water Quality Control Board -Santa Ana Region, state and local
health departments, and federal, state and county agencies having jurisdiction to
establish minimum standards for the quality of recycled water. Recycled water shall be
delivered on a continuous basis at the minimum and maximum pressures set forth in the
user's recycled water user agreement.
Sec. 39-34. - Same—Ownership of valves and meters.
(a) The city shall own, operate, and maintain the control valves located on each
side of the meter and the metering device installed on the service line to the user's
Ordinance No. NS -XXX
Page 30 of 56
11 A-32
property. At locations where recycled water is used exclusively, the city may convert
existing service connections (including control valves and meters) from potable to
recycled water system connections. The user will own and maintain all facilities on the
user's side of the customer control valve. The user shall be held responsible and charged
for all water passing through meters at its property,
(b) The city reserves the right to determine the size of the recycled water
pipeline, the type of pipe, the service connection required, and any and all other
appurtenances related to recycled water usage which are located on the property location
to which recycled water will be delivered.
Sec. 39-35. - Same—Purchase of water by user.
(a) The city will supply recycled water to the user, and the user shall purchase
recycled water for the location(s) and purposes and in the estimated amounts set forth in
its recycled water user agreement.
(b) The user shall commence taking deliveries of recycled water after receiving
written notice of availability from the city. To the extent that the user's then -current use of
its property necessitates the use of recycled water, the user will continue to purchase
recycled water from the city. In the event that the current use of the property is
discontinued or is modified, recycled water service may be terminated by mutual
agreement in writing by the city and the user.
(c) The city reserves the right to control and schedule the use, distribution, and
delivery of recycled water if, in its reasonable discretion, control and scheduling are
necessary to maintain the recycled water distribution system in acceptable working
condition. Scheduling may include, but is not limited to, varying rates of pressure and
programming deliveries to the user and/or to portions of the user's property.
(d) If at any time during the construction or operation of the Green Acres Project
facilities, real or potential hazards, or evidence of a hazard, are found to exist, the city
reserves the right and has the authority to terminate recycled water service to the user's
property in the interest of protecting the public health. Service shall be reinstated upon
abatement of the hazard. If service is terminated pursuant to this section, the city may
supply the user with water from its potable water sources or an alternative recycled water
system at the then -current recycled water rate for up to thirty (30) days; after thirty (30)
days and until such time as the delivery of recycled water is reinstated, the user shall pay
the potable water rate if potable water is supplied or the recycled water rate if an
alternative source of recycled water is used.
(e) In the event the lack of delivery of recycled water is the result of an
operational fault of the city, the rate for the water delivered through the system will be
equal to the then -current rate for recycled water for a period of up to thirty (30) days;
thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond
the control of the city, the city shall charge and the user shall pay the regular potable rate.
Ordinance No. NS -XXX
Page 31 of 56
11 A-33
(f) In the event that OCWD ceases the production and distribution of recycled
water or in the event that the treatment criteria imposed by any regulatory authority
exceed or differ significantly from those existing as of the date of the execution of the
recycled water user agreement and application for water service, the city shall supply
potable water at the then -established potable water price. The city shall incur no liability
to the user by reason of the temporary cessation of delivery of recycled water or by reason
of the termination of such delivery.
Sec. 39-36. - Same—Price of recycled water.
The price to be paid by the user for all recycled water delivered by the city shall be
established by resolution of the city council, subject to the provision of the user's recycled
water user agreement.
Sec. 39-37. - Same—Payment.
Recycled water accounts shall be subject to section 39-20 of this chapter.
Sec. 39-38. - Same—Limitation on use.
Recycled water delivered from OCWD's Green Acres Project facilities has
restricted uses. The user shall use recycled water only upon the property of the user and
only for those uses and purposes provided for in the recycled water user agreement and
which are legally permissible under the laws of the state, as well as the rules and
regulations adopted by the city, by OCWD and by all regulatory agencies having
jurisdiction, including but not limited to the California Regional Water Quality Control
Board -Santa Ana Region, and by state and local health departments.
Sec. 39-39. - Same—Rules and regulations.
The user shall comply with all rules and regulations, including the "Green Acres
Project, Project Rules and Regulations for the Use of Recycled Water," promulgated now
and in the future by OCWD, the city, the State of California or the federal government
relating to the sale, distribution, transportation, and use of recycled water.
Sec. 39-40. - Same—Responsibility.
(a) The city's responsibility for the recycled water delivered to the user ends at
the user's side of the meter or, in the case of an unmetered or other special installation,
where the city's facilities terminate. Operation, management, maintenance, and
monitoring with respect to the storage, distribution, and other facilities under the control
of the user shall be the responsibility of the user.
(b) The user shall allow the city and/or OCWD's representatives to enter the
use's premises for monitoring, inspecting, sampling, analysis, and observation of the
Ordinance No. NS -XXX
Page 32 of 56
11 A-34
user's recycled water facilities at all reasonable times. The user, its personnel,
representatives, and agents shall cooperate with the city and/or OCWD in such activities
and assist in the performance of operational tests as required. If a determination is made
that the user's facilities are not in compliance with city and/or OCWD requirements, the
user shall promptly initiate and diligently pursue to completion action that will correct the
conditions causing the noncompliance. If the user shall fail to comply with its obligations
specified herein, the city may, at the user's expense, make such repairs, improvements,
changes, or undertake such other activities as are necessary to comply with the user's
obligations. Such expense shall be payable to the city by the user upon demand, or the
city may discontinue recycled water service until such time as the user makes appropriate
repairs and the city inspects the user's system to assure conformance with applicable
rules and regulations.
Sec. 39-41. - Same—Applicability of chapter.
Recycled water accounts and service shall be subject to and shall comply with all
the provisions of this chapter, except as specified in sections 39-32 through 39-40. In the
event of conflict between sections 39-32 through 39-40 and the other portions of this
chapter, the provisions of sections 39-32 through 39-40 shall control.
Sec. 39-42. - Same—Agreement to be signed.
Before any recycled water service is provided, the user shall sign a recycled water
user agreement with the director of public works, who is hereby designated as the agent
of the city to enter into such agreements, in addition to filing or obtaining any applications
or permits required by this chapter.
Secs. 39-43-39-49. - Reserved.
SECTION 6. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 7. Article III of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE III. - SEWERS
Sec. 39-50. - Definitions.
As used in this article:
Agency means Public Works Agency, City of Santa Ana.
Best management practices (BMPs) means schedules of activities, a prohibition
of practices, maintenance procedures, and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
Ordinance No. NS -XXX
Page 33 of 56
11 A-35
Change in operations means any change in the ownership, food types, or
operational procedures that have the potential to increase the amount of FOG generated
and/or discharged by FSEs in an amount that alone or collectively causes or creates a
potential for SSOs to occur.
Director of public works means the chief administrative officer of the department
of public works, City of Santa Ana.
Discharger means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall mean the same as
user or customer.
Enforcing attorney means the city attorney or district attorney acting as counsel to
the city and his/her designee.
Fats, oils, and grease (FOG) means any substance such as a vegetable or animal
product that is used in, or is a byproduct of, the cooking or food preparation process, and
that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
FOG control program means the FOG control program required by and developed
pursuant to Statewide General Waste Discharge Requirements for Sanitary Sewer
Systems (State Water Resources Control Board Order No. 2008-0003-DWQ),
FOG control program manager means the agency's Water Resources Manager
and persons designated by and under his/her instruction and supervision, who are
assigned to administer the FOG control program. A consultant retained under contract by
the city may be designated as the FOG control program manager.
Food grinder means any device installed in the plumbing or sewage system for the
purpose of grinding, chopping, macerating, or pressing food waste or food preparation
byproducts for the purpose of disposing some or all food waste into the sewer system.
Food service establishment (FSE) means food facilities defined in the California
Retail Food Code, and any commercial entity, operating in a permanently constructed
structure such as a room, building, or place, or portion thereof, maintained, used, or
operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or
otherwise handling food for sale to other entities, or for consumption by the public, its
members, or employees, and which has any process or device that uses or produces
FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed
by a type I or type II hood, as defined in the California Retail Food Code.
Grease control device means any grease interceptor, grease trap, or other
mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing
fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being
Ordinance No. NS -XXX
Page 34 of 56
11 A-36
discharged into the sewer system. A grease control device may also include any other
method proven to reduce FOG subject to the approval of the director of public works.
Grease interceptor means a multi -compartment device that is constructed in
different sizes and is generally required to be located outdoors and underground between
a FSE and the connection to the sewer system. These devices must be cleaned,
maintained, and have the FOG regularly removed and disposed of in a proper manner to
be effective. Also referred to as gravity grease interceptor or GGI.
Grease removal device means a type of hydro -mechanical grease interceptor that
automatically and mechanically removes non -petroleum fats, oils, and grease from the
interceptor, the control of which is either automatic or manually initiated. Also referred to
as GRD.
Grease trap means a grease control device that is used to serve individual fixtures.
These have a limited effect and should only be used in those cases where the use of a
grease interceptor or other grease control device is determined to be impossible or
impracticable. Also referred to as hydro -mechanical grease interceptor or HGI.
Hot spots means areas in sewer lines that have experienced sanitary sewer
overflows that must be cleaned or maintained frequently to avoid blockages of sewer
system, or require maintenance that otherwise would be unnecessary.
Inflow means water entering a sewer system through a direct stormwater runoff
connection to the sanitary sewer, which may cause an almost immediate increase in
wastewater flows.
Infiltration means water entering a sewer system, including sewer service
connections, from the ground through such means as defective pipes, pipe joints,
connections, or manhole walls.
Interference means any discharge which, alone or in conjunction with discharges
from other sources, inhibits or disrupts the city's sewer system or is a cause of violation
of federal or state environmental laws.
New construction means any structure planned or under construction for which
sewer connection permits have not been issued.
Lower sewer lateral means that portion of the sewer lateral that extends from the
sewer main to the private property line.
Person means any individual, partnership, firm, association, corporation or public
agency, including the state and the United States of America.
Ordinance No. NS -XXX
Page 35 of 56
11 A-37
Private sanitary sewer overflow means any surface spill, loss, or discharge of
untreated or partially treated wastewater resulting from blockages or other problems
within a privately owned sewer lateral.
Remodeling means a physical or operational change causing generation of FOG
that exceeds the current amount of FOG discharged to the sewer system by the FSE in
an amount that alone or collectively causes or creates a potential for FOG discharge to
the sewer system; or requires either a discretionary land use approval, building permit, or
plumbing permit, and involves any one or combination of the following:
(1) Under slab plumbing in the food processing area;
(2) An increase in the net public seating area;
(3) An increase in the size of the kitchen area; or
(4) Any change in the size or type of food preparation equipment.
Rules and regulations means non -punitive rules and regulations as established by
the director of public works to implement this section and the FOG control program.
Upper sewer lateral means that portion of the sewer lateral that extends from the
private property line to the structure to which it connects.
Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of
wastewater from a sanitary sewer system.
Sewer district means sewer assessment districts formed for the purpose of
financing and constructing public sewer systems owned and operated by the city.
Sewer facilities means any and all facilities used for collecting, conveying,
pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer
system.
Sewerlateral means that entire connecting sewer line running from the sewer main
to the private property line and extending to the structure to which it connects.
Sewer main means the main line sewer, used as a trunk line or major channel of
passage fortransporting sewage and waste, constructed in a street, highway, alley, place,
or right -or -way dedicated to public use. It shall not include sewer laterals or any portion
of them.
Waste means sewage and any and all other waste substances, liquid, solid,
gaseous or radioactive, associated with human habitation or of human and animal nature,
including such wastes placed within containers of whatever nature prior to and for the
purpose of disposal.
Ordinance No. NS -XXX
Page 36 of 56
11 A-38
Wastewater means the liquid and water -carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged into or permitted to enter
a public sewer.
Sec. 39-50.1. - Ownership.
(a) The City shall in no way whatsoever be responsible for any damage to
persons or property because of any leakage, breakage, or seepage from, or accident or
damage to, any sewer pipe or its appurtenances located on any private premises; nor
shall the City be responsible for or on account of any damage, injury, or loss caused
directly or indirectly by the existence on private premises of any sewer pipe or its
appurtenances.
(b) A sewer lateral from its connection to a building on the property to its point
of connection with the sewer main, inclusive of both the upper and lower sewer lateral,
shall remain the responsibility of the property owner or user with regard to maintenance,
repair and upkeep. All sewer laterals shall be maintained by the owner of the property or
user served by such lateral in a safe and sanitary condition so that there is no seepage
of waste at any point up to and including the junction of the sewer lateral and the sewer
main and so that passage of waste through the lateral to the sewer main is free from
stoppage and obstruction. All devices and safeguards that are required by this chapter
for the operation thereof shall be maintained in good working order.
Sec. 39-50.2 - Repair by city forces.
(a) Repair and maintenance of all sewer mains dedicated to the city shall be
the responsibility of the city's sewer enterprise.
(b) Except as provided herein, repair and maintenance of all privately owned
sewer mains and all lateral lines, equipment, and appurtenances connected to the city
sewer mains shall be the responsibility of the ownerluser, and shall meet the
requirements contained in this article.
(c) The city's sewer enterprise may perform the repair and maintenance of all
lower sewer lateral lines within the public right-of-way, at the discretion of the director of
public works and so long as funds are available in the sewer enterprise to perform such
repair and maintenance in accordance with Resolution NS -2479.
Sec. 39-51. - Mandatory connections.
(a) All buildings or other structures which contain any plumbing fixtures and
which are located within any sewer district or district serviced by a public sewer must be
connected to a public sewer.
Ordinance No. NS -XXX
Page 37 of 56
11 A-39
(b) Whenever any property shall be included in a sewer district or area served
by a public sewer, every building or other structure located on such property and
containing any plumbing fixtures shall, within ninety (90) days after completion of the
public sewer in such district or area, have all such fixtures connected to the such public
sewer, and all cesspools or septic tanks on such property shall be disconnected and
completely filled with good, sound earth at the time the sewer connection is made;
provided, however, if the property has been, previous to its inclusion in a sewer district,
connected to a public sewer and if such connection is approved by the director of public
works, such connection shall be considered as complying with the provisions of this
section.
Sec. 39-52. - Connection outside of a sewer district; pen -nit required.
Any lot or any building or structure on any lot located within the city, but outside of
an existing sewer district or area served by a public sewer, may be connected with a
public sewer, but no person shall make any such connection unless and until he shall
have been granted a sewer permit for such connection and unless and until such person
or the owner of such lot or parcel or his duly authorized agent, shall have paid to the
agency an amount equal to that which would have been assessed to such lot or parcel
had it been in the district assessed for the existing sewer to which the connection is to be
made. The amount may be reduced at the discretion of the director of public works to
allow for extra length of house sewer or connecting sewer if necessary.
Sec. 39-53. - Connection permit required; determination of fee.
(a) Except as provided in subsection (b) below, no person shall make any
sewer connection unless a permit shall have been applied for and issued by the director
of public works. No permit for such connection shall be issued by the director of public
works as provided in this section unless the application is accompanied by the payment
of a fee to the agency in an amount which the director of public works shall determine to
be the applicant's proportionate share of the cost of construction of such public sewer, as
prescribed in subsection (c).
(b) Whenever a main sewer line is replaced by a new line, the laterals
connected to the former line shall be connected to the new line and the entire lower lateral
shall be reconstructed or rehabilitated as part of the installation thereof. In such event, no
permit shall be required from the owner or occupant of any existing premises thus
reconnected.
(c) The sewer connection fee for the applicant's proportionate share of the cost
of public sewer construction shall be computed on the following basis:
('I) The fee shall be an amount equal to the assessment per fixture unit,
multiplied by the net increase in fixture units on the parcel or parcels for which sewer
connection application is made over the total fixture units previously serviced by any
Ordinance No. NS -XXX
Page 38 of 56
11 A-40
sewer line to which such parcel or parcels were connected. The number of fixture units
assigned to each plumbing fixture shall be as provided in the California Plumbing Code.
(2) In all cases of sewer connection application for the servicing of a
commercial laundry or restaurant, a fee in the amount of the standard cost per fixture unit
multiplied by thirty (30) fixture units per clothes washing or dishwashing machine shall be
assessed in addition to other fee assessments pursuant to subparagraph (1) above.
(3) The city council shall, from time to time, establish by resolution the current
assessment per fixture unit and the sewer connection application fees resulting therefrom
in accordance with this section.
(4) All fees collected shall be deposited into the sewer connection fee fund
pursuant to article VII of chapter 13.
Sec. 39-54. - Development conditioned upon sewer line construction.
The director of public works shall review building permit applications for the
purpose of determining whether the proposed development would result in an overload
of existing sewer line capacity. No building permit which would result in such overload
shall be approved unless a sewer line of sufficient capacity be first constructed or unless
the city and the applicant enter into an agreement for its subsequent construction. In
determining the necessary sewer line capacity, the director of public works shall take into
account the anticipated future development of all parcels that use or will use the sewer
line to be constructed. The city may enter into an agreement with any person constructing
a sewer line pursuant to this section by which such person, or his successor -in -interest,
shall be reimbursed for costs of construction of a sewer line, to the extent they exceed
such person's own sewer connection fees due under section 39-53, solely from revenues
in the sewer connection fee fund established by article VII of chapter 13 of this code. Any
such agreement may provide that any fee that would otherwise be due pursuant to section
39-53 from the contracting party shall be a credit on the contracting party's right to receive
reimbursement, in which case no payment of the fee to the city shall be required from the
contracting party.
Sec. 39-55. - General regulations.
(a) Maintenance of discharger's facilities. Dischargers shall prevent the
discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their sewer
laterals, cleanouts, and other apparatus (except facilities owned by the city) in good repair
and free from leakage and blockages at their own expense. Customers shall be liable for
all damages which may result from the customer's failure to maintain such facilities in
good repair and free from leakage and blockages.
(b) Vacated premises. Sewerage rates will be charged for vacated premises
until the city is notified of the discontinuance of the use of water and is requested to turn
off the water.
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(c) Admittance to premises. Any authorized employee of the city shall be
admitted at all reasonable hours to all appropriate parts of the premises supplied with
sewerage service to see that the provisions of this article, resolutions adopted pursuant
hereto, and administrative regulations published in accordance herewith are carried out.
(d) Responsible owner or applicant. In all cases where sewerage service is
being provided to several tenants from one connection, the city contracts only with the
person designated on the application. Failure by such person to comply with the
provisions of this article, or with resolutions or regulations enacted or adopted pursuant
hereto, shall be sufficient cause to disconnect all service until such ordinances,
resolutions, or regulations are complied with.
(e) Damage to discharger's property. The city will not be responsible for
damages to buildings or their contents from any blockage in any portion of a sewer lateral.
(f) Unused sewer lateral. Any sewer lateral connection which has been
installed for a period of ten (10) years or more and has not been activated for ten (10)
years shall be considered inactive and obsolete. Any person desiring sewerage service
forsuch premises or any portion thereof formerly served by the inactive sewer lateral shall
make application for a new sewer lateral connection and pay the current charge therefore.
(g) Facilities owned by city. The city's ownership of sewer facilities ends at the
point of connection between the sewer main and the sewer lateral, or, in other special
installations, where the city's facilities terminate.
Sec. 39-55.1. - Sewerage service charge—Purpose.
In order to reimburse the city, in part, for its service in transporting sewerage from
a water utility customer or other person using the city -owned sewer system and facilities
to Orange County's publicly owned treatment works and related infrastructure, and to
operate, maintain, repair, and replace the city -owned sewer system and facilities, it is
appropriate for the city to charge a sewerage service fee. This charge does not duplicate
any existing fee, charge, levy, or other toll currently collected by any public agency, and
is intended to be, and shall be interpreted as, distinct and separate from any current or
future (a) sewer standby or availability charge or assessment; (b) special benefit
assessment or special tax imposed pursuant to state or local law; (c) sewer connection
charge or sewer capacity charge paid in connection with or as a condition of approving
an application for sewer service; or (d) mitigation fee imposed on new development
pursuant to state law (California Government Code section 66000 et seq.) or local law.
Where appropriate, words and phrases used in sections 39-55.1--39.55.5 shall have the
same meaning as given them under article 11 of this chapter.
Sec. 39-55.2. - Same—Establishment.
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(a) Except as provided in section 39-55.3, upon each water utility customer of
the city there shall be imposed, in addition to the commodity charge for usage of city
water, a sewerage service charge. All sewerage service charges imposed pursuant to
this subsection, together with all charges imposed pursuant to subsections (b) and (c)
below, shall be due and payable at the same time and in the same manner and subject
to the same penalties for unsatisfied fees, charges, and penalties as provided in section
39-20 of this Code for payment of municipal utility services accountlbilling statements for
water utility services pursuant to article 11 of this chapter, but shall be listed as separate
line items on the municipal utility services account/billing statement. The sewerage
service fee shall be charged based upon the volume of usage of the city's sewer system
by the water utility customer, as measured by metered water service.
(b) Except as provided in section 39-55.3, a sewerage service charge shall be
imposed upon any person who receives potable water service from a municipal water
provider other than the city or from a private water provider, and who discharges into the
city -owned sewer system and facilities. The sewerage service charge shall be made upon
the volume of usage of the city's sewer system by the person, as measured by metered
water service or other means approved by the director of public works or designee.
(c) Sewer system capital recovery charge. Customers receiving sewer service
will be charged a sewer system capital recovery fee as established by resolution,
(d) Lower sewer lateral replacement charge. Customers receiving sewer service
will be charged a sewer lateral repair fee as established by resolution.
(e) Fats, oils, and grease control program. Food service establishments and food
facilities receiving sewer service will be charged a fats, oils, and grease control program
charge as established by resolution.
Sec. 39-55.3. - Same—Exceptions.
The following types of connections shall not be liable for payment of the sewerage service
charge:
(a) Fire protection service connections when separately metered;
(b) Irrigation service connections when separately metered;
(c) Any individual, partnership, association, corporation, or agency of
government that is not connected to the city's sewerage system; provided, however, that
it shall be the obligation of the individual, partnership, association, corporation or agency
of government to present evidence of this fact to the city; or
(d) Any water utility customer who has not received city -supplied water during
a billing period.
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Sec. 39-55.4. - Same—Setting charge.
The city council shall, from time to time, set a sewerage service charge in
accordance with applicable law. All monies collected from the sewerage service charge,
including penalties and interest for late payment, shall be deposited into the sewerage
enterprise fund established pursuant to chapter 13 of this code.
Sec. 39-55.5. - Same—Delinquencies.
(a) Sewerage service charges and other sewerage service related charges
established under section 39-55.2 and any penalties accrued for failure to make timely
payment therefore shall be a civil debt owing to the city.
(b) In the event that the owner and occupant of the premises or property
receiving sewerage service are the same, then said civil debt against such customer shall
constitute a lien against said property upon recordation following appropriate action by
the city council following substantial compliance with all provisions of California
Government Code section 54354 et seq., as it may be amended from time to time,
including notice and an opportunity to be heard; except as may be provided therein. As a
separate and distinct remedy, the city attorney is authorized to bring suit pursuant to
California Government Code section 54356.
(c) Establishment of a lien against the property shall remove said sewerage
charge(s) from the City's regular consolidated municipal utility services account/billing
statement and toll the accrual of additional penalties therefore under section 39-20 of this
Code.
(d) The city shall not disconnect water utility service for failure to pay the sewer
service charge, unless such failure is accompanied by a customer's failure to pay the
water utility service, in which case disconnection of water utility service shall be governed
by article ll of this chapter.
Sec. 39-56. - Fats, oils, and grease control—Purpose and policy.
(a) The purpose of this section is to allow the maximum beneficial public use of
the city's sewer services and facilities while preventing blockages of the sewer lines
resulting from discharges of fats, oils, and grease (FOG) to the sewer facilities and to
specify appropriate FOG discharge requirements for FSEs.
(b) The purpose of this section is to comply with federal, state, and local policies
regarding sanitary sewer overflows and to allow the city to meet applicable standards and
provisions for the regulations of wastewater or waste containing FOG discharges to the
sewer facilities.
Sec. 39-56.1. - Same—Rule and regulations and interpretations.
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(a) The directorof publicworks is hereby authorized and directed to promulgate
rules and regulations consistent with the provisions of this section as may be necessary
or desirable to aid in administration of this section and the FOG control program. Any
such rule or regulation may be added, modified, or deleted as necessitated by changes
in law, increased demands of regulatory agencies, or technological improvements or
advances. The rules and regulations shall be filed in the office of the director of public
works and maintained in an orderly manner readily accessible to the public. Further, the
city will provide a copy of the rules and regulations to all FSEs at the time of initial
inspection for compliance with this section. The burden to secure and comply with the
rules and regulations shall be upon the FSE and in accordance with the goals and
purposes of the FOG control program.
(b) The city manager, the director of public works, and persons designated and
under the instruction and supervision of any of them, may investigate compliance of this
chapter.
Sec. 39-56.2. - Same—Prohibitions.
(a) Prohibitions. The following prohibitions shall apply to all FSEs:
(1) The discharge into the sewer system of FOG that may accumulate and/or
cause or contribute to blockages in the sewer system or at the sewer system lateral,
except as provided herein.
(2) The installation of food grinders in the plumbing system of new
constructions of FSEs. All existing food grinders shall be removed from FSEs within one
hundred eighty (180) days of the effective date of this section.
(3) The introduction of any additives into a FSE's wastewater system for the
purpose of emulsifying FOG, unless a specific written authorization from the FOG control
program manager is obtained.
(4) The disposal of cooking oil into drainage pipes.
(5) The discharge of wastewater from dishwashers into any grease trap or
grease interceptor.
(6) The discharge of wastewater with temperatures in excess of 140°F to any
grease control device, including grease traps and grease interceptors.
(7) The use of biological additives for grease remediation or as a supplement
to interceptor maintenance, without prior authorization from the FOG control program
manager.
(8) The discharge of waste from toilets, urinals, washbasins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor service.
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(9) The discharge of any waste, including FOG and solid materials removed
from the grease control device, to the sewer system.
(b) Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
Sec. 39-56.3. - Same—Best management practices required.
All FSEs shall implement best management practices (BMPs) in their operation to
minimize the discharge of FOG to the sewer system. The requirements and guidelines
for BMPs are specified in the rules and regulations.
Sec. 39-56.4. - Same—FOG pretreatment.
(a) FOG pretreatment required. Waste containing FOG shall be discharged
into the sewer system only under the conditions of this section. The following facilities
shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through
which grease may be discharged, into an adequately sized, properly maintained and
functioning grease interceptor before the discharge enters the sewer system, as well as
provide a grease interceptor effluent monitoring port.
(b) Newly constructed FSEs.
(1) A newly constructed FSE(s) shall install grease interceptors prior to
commencing the discharge of wastewater to the sewer system.
(2) Existing FSEs undergoing remodeling or a change in operations shall be
required to install a grease interceptor prior to commencing the discharge of wastewater
to the sewer system.
(c) Existing FSEs. Existing FSEs are not required to install a grease interceptor
unless the FOG control program manager makes a determination that the existing FSE
currently or potentially adversely impacts the sewer system by causing or contributing to:
(1) FOG hot spots;
(2) Interference;
(3) SSOs; or
(4) The FSE is not implementing or complying with BMPs as listed in the rules
and regulations.,
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(5) The FSE(s) shall install grease interceptors within one hundred eighty (180)
days after receipt of official notice to install the interceptor unless the FSE obtains a
conditional waiver as discussed below.
(d) Conditional waiver of interceptor requirement. The FOG control program
manager may provide a written waiver of the requirement to install a grease interceptor,
listing the conditions upon which the waiver is granted, upon a finding of one or more of
the following conditions set forth in subsections (1), (2), and (3) below:
(1) The FSE can substantively demonstrate that it employs an alternative
pretreatment technology that is equivalent to or better than a grease interceptor in
controlling its FOG discharge.
(2) There is no potential for FOG from the FSEs to cause or contribute to SSOs.
(3) The FSE discharges of FOG are negligible and do not cause a significant
impact to the sewer system.
(4) The FSE may use or may be required to install grease traps in lieu of
installation of a grease interceptor when:
(A) Installation of an interceptor cannot physically be accomplished;
(B) There is not adequate slope for gravity flow between kitchen plumbing
fixtures and the grease interceptor and/or between the grease interceptor and the private
collection lines or the public sewer; and
(C) No alternative pretreatment can be installed. Sizing and installation of
grease traps shall conform to the current edition of the California Plumbing Code. Grease
traps shall be maintained in efficient operating conditions by periodic removal of their full
content, including sewage, FOG, floating materials, sludge, and solids. The maintenance
frequency for all FSEs with grease traps is specified in FOG Control Program Rules and
Regulations.
(e) Revocation of waiver. The program manager may revoke a waiver upon a
determination of one or more of the following:
(1) Quantity of FOG discharge, as measured or as indicated by the size of
FSEs based on seating capacity, number of meals served, menu, water usage, amount
of on-site consumption of prepared food, and other conditions, has changed since the
granting of the waiver such that the FSE is contributing to FOG discharges.
(2) Adequacy of implementation and compliance with BMPs.
(3) Change in sewer size, grade, and condition based on visual information.
Ordinance No. NS -XXX
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(4) Changes in operations that significantly affect FOG discharge.
(5) Failure to comply with any of the conditions set forth in the waiver.
(6) Any other condition deemed reasonably related to the generation of FOG
discharges by the FOG control program manager.
Sec. 39-56.5. - Same—Grease interceptor requirements
(a) All interceptors shall be of an approved type and adequately sized in
conformance with the current edition of the California Plumbing Code and shall be
installed, operated, and maintained as necessary to maintain compliance with the
objectives of this section.
(b) Fixtures, equipment, and drain lines located in the food preparation and
cleanup areas of FSEs that are sources of FOG discharges shall be connected to the
grease interceptor.
(c) Grease interceptors shall be constructed in accordance with the design
approved by the FOG control program manager and in accordance with the current
edition of the California Plumbing Code design requirements and shall have a minimum
of two (2) compartments with fittings designed for grease retention.
(d) The grease interceptor shall be installed at a location where it shall be at all
times easily accessible for inspection, cleaning, and removal of accumulated grease.
(e) Access manholes, with a minimum diameterof twenty-four (24) inches, shall
be provided over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and maintained to
prevent water inflow or infiltration. The manholes shall also have readily removable covers
to facilitate inspection, grease removal, and wastewater sampling activities.
Sec. 39-56.6. - Same—Grease interceptor maintenance requirements.
(a) Grease interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor. The maintenance frequency for all
FSEs with a grease interceptor is specified in the rules and regulations.
(b) No FOG that has accumulated in a grease interceptor shall be allowed to
pass into any sewer lateral, sewer system, storm drain, or public right-of-way during
maintenance activities.
(c) FSEs with grease interceptors are required to maintain data and information
necessary to establish the maintenance grease interceptors. This documentation shall be
provided to the program manager as requested.
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Sec. 39-56.7. – Same—Multiple FSEs on same property.
Property owners with more than one FSE located on the same property shall be
responsible for the installation and maintenance of a grease interceptor($) and shall be
responsible for compliance of the interceptor(s) with FOG program requirements.
Sec. 39-56.8. - Same—Monitoring for compliance.
In an effort to minimize the discharge of FOG to the sewer system, the FOG control
program manager may require the FSE to monitor and/or sample wastewater for
compliance with the rules and regulations.
Sec. 39-56.9. - Same—Record keeping requirements.
All FSEs shall be required to keep records in accordance with the rules and
regulations established by the city under its FOG control program for no less than two (2)
years. Required records include, but are not limited to, grease interceptor/trap
maintenance and cleaning logs, employee -training logs, waste hauling manifest,
interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall,
upon reasonable request, make the records available to the program manager or his
designee.
Sec. 39-56.10. - Same—Inspection and sampling conditions.
(a) The FOG control program manager or his designee may inspect or order
the inspection of and sample the wastewater discharges of any FSE to ascertain whether
the FSE is complying with all requirements of this section. The FSE shall allow the city
access to the FSE premises, during normal business hours, for purposes of inspecting
the FSE's grease control devices or interceptor, or reviewing the manifests, receipts, and
invoices relating to the cleaning, maintenance, and inspection of the grease control
devices or interceptor. Where a FSE has security measures in force, the FSE shall make
necessary arrangements so that representatives of the city shall be permitted to enter
without delay for the purpose of performing their specific responsibilities/inspections.
(b) The FOG control program manager or his designee shall have the right to
place or order the placement on the FSE's property such devices as are necessary to
conduct sampling or metering operations. The FSE shall, without restriction, make
available for inspection and copying by the program manager or his designee all notices,
monitoring reports, waste manifests, and records including, but not limited to, those
related to wastewater generation, and wastewater disposal. All such records shall be
kept by the FSE for a minimum of two (2) years.
Sec. 39-56.11. - Same—Right of entry.
Persons or occupants of premises where wastewater is created or discharged shall
allow the FOG control program manager or his designee reasonable access to all parts
Ordinance No. NS -XXX
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of the wastewater generating and disposal facilities for the purposes of inspection and
sampling during all times the dischargers facility is open, operating, or any other
reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city
representatives attempting to inspect any facility involved directly or indirectly with a
discharge of wastewater to the city's sewer system. If entry is refused, the FOG control
manager or his designee shall have recourse to the remedies provided by law to secure
entry.
Sec. 39-56.12. - Same—Emergency notification requirements.
(a) In the event a FSE is unable to comply with any section condition due to a
breakdown of equipment, accidents, or human error, or the FSE has reasonable
opportunity to know that its discharge will exceed the discharge provisions of the this
section, the discharger shall immediately notify the program control manager. If the
material discharged to the sewer has the potential to cause or result in sewer blockages
or SSOs, the discharger shall immediately notify the local health department and the city.
(b) Confirmation of this notification shall be made in writing to the FOG control
program manager no later than five (5) working days from the date of the incident. The
written notification shall state the date of the incident, the reasons for the discharge or
spill, what steps were taken to immediately correct the problem, and what steps are being
taken to prevent the problem from recurring.
(c) Such notification shall not relieve the FSE of any expense, loss, damage,
or other liability which may be incurred as a result of damage or loss to the city or any
other damage or loss to person or property; nor shall such notification relieve the FSE of
any charges, fees or other liability which may be imposed by this section or other
applicable law.
Sec. 39-56.13. - Same ----Emergency suspension order.
The city may, by order of the director of public works, suspend sewer service when
the director of public works determines that such suspension is necessary in order to stop
an actual or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the environment; or
may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or may
cause the city to violate any state or federal law or regulation. Any discharger notified of
and subject to an emergency suspension order shall immediately cease and design the
discharge of all wastewater containing FOG to the sewer system.
Sec. 39-56.14. - Same—Nuisance.
Any condition that the FOG control manager determines may result in the
discharge of waste, which causes or contributes to any sewer blockage, SSOs,
obstruction, interference, damage, or any other impairment to the city's sewer facilities or
to the operation of those facilities, shall constitute a threat to the public health, safety, and
Ordinance No. NS -XXX
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welfare, and is declared and deemed a public nuisance and may be summarily abated as
such.
Sec. 39-56.15. - Same—Violation of other laws.
Any person acting in violation of this section also may be acting in violation of the
Federal Clean Water Act or the California Porter -Cologne Water Quality Control Act and
other laws and also may be subject to sanctions including civil liability. Accordingly, the
enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act
Section 505(a), seeking penalties, damages, and orders compelling compliance, and
other appropriate relief. The enforcing attorney may notify the Environmental Protection
Agency, the California Regional Water Quality Control Board, or any other appropriate
state or local agency, of any alleged violation of this section.
Sec. 39-56.16. - Same—Other civil remedies.
(a) The enforcing attorney may file an action for civil damages in a court of
competent jurisdiction seeking recovery of:
(1) All costs incurred in enforcement of the section, including but not limited to
costs relating to investigation, sampling, monitoring, inspection, administrative expenses,
all other expenses as authorized by law, and consequential damages;
(2) All costs incurred in mitigating harm to the environment or reducing the
threat to human health; and
(3) Damages for irreparable harm to the environment.
(b) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
Sec. 39-57. - Infiltration and inflow into sewer system.
All city -owned sewer lines and private on-site sewer lines and laterals should be
constructed and maintained to prevent water infiltration into the sewer system. Private
on-site sewer lines and public sewer lines shall be used only to convey raw sewage.
Rainfall runoff sources (including but not limited to roof drains, site drains, inlets,
uncovered wash area drains, etc.) are prohibited from connecting to any public or private
sanitary sewer pipeline.
Sec. 39-58. - Introduction of pollutants prohibited.
No person shall introduce or cause to be introduced any of the following into the
city's sewer system:
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(a) Pollutants that create a fire or explosion hazard in the sewer collection
system orthe publicly owned treatment works (POTW), including but not limited to waste
streams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Centigrade using
the test methods specified in 40 CFR (Code of Federal Regulations) section 261.21.
(b) Pollutants that will cause corrosive structural damage to the sewer
collection pipes and structures, but in no case discharges with pH lower than 5.0, unless
the sewer system is specifically designed to accommodate such discharges.
(c) Solid or viscous substances in amounts which will cause obstruction to the
flow in the sewer collection system or the POTW, resulting in interference.
(d) Any pollutant, including oxygen demanding pollutants, exerting biological
oxygen demand, released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the POTW.
(e) Heat in amounts, which will inhibit biological activity in the POTW resulting
in interference, but in no case heat in such quantities that the temperature at the POTW
treatment plant exceeds 40° Centigrade (104° Fahrenheit) unless the approval authority,
upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil in
amounts that will cause interference or pass through.
(g) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the sewer collection system or the POTW in a quantity that may cause acute worker
health and safety problems.
(h) Any trucked or hauled pollutants.
(i) Large volume discharges in a short period of time (slug flows) that adversely
affect the operational capacity of the sewer.
Sec. 39-59. - Private sewer overflows prohibited.
(a) No person shall cause or create a condition which causes a private sanitary
sewer overflow. When a private sanitary overflow is found to occur, it shall be the
responsibility of the private property owner to:
(1) Immediately prevent the continued discharge of wastewater onto the public
right-of-way;
(2) Capture and collect any overflowed or spilled wastewater and return it to
the appropriate sewer facilities;
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(3) Clean and sanitize all affected areas, both within private property and public
right-of-way, to the satisfaction of the director of public works; and
(4) Comply with all other federal, state, and local health department
requirements.
(b) Any private property ownerwho causes or creates a condition which causes
a private sanitary sewer overflow and or fails to satisfy the above mitigation
responsibilities will be subject to administrative citations under Santa Ana Municipal Code
section 1-21. If city personnel are dispatched to perform any of the actions outlined in
this section, for any reason, the city reserves the right to charge the private property owner
for staff time, equipment, and material spent. Such charges may be billed directly to the
private property owner or his/her designee or added to the owner's sewerage service
utility account if one exists.
(c) The remedies available to the city pursuant to the provisions of this article
shall not limit the city's right to seek any other remedy that may be available by law.
SECTION 8. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
repealed in its entirety.
SECTION 9. Article V of Chapter 39 of the Santa Ana Municipal Code is hereby
reenacted in its entirety as follows:
ARTICLE V. - RESERVED
Secs. 39-80-39-83.5. - Reserved.
SECTION 10. Section 1-18.2 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only:
Sec. 1-18.2. - Public works agency authority to issue citations.
The executive director of public works agency or his designee has the duty to
enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4,
16-30, 16-31, 16-33 through 16-37.5, 16-39, 16-48, 18-17, 36-148, 33-30, 33-60, 33-62,
33-152, 33-157, 33-162, 33-188, 33-189 through 33-192, 36-45, 36-46, 39-26 39-24, 39-
33 and 39-106 through 39-111, chapter 17 and provisions of article IV of chapter 18 of
this Code. The executive director of the public works agency or his designee is authorized
to arrest persons without a warrant whenever they have reasonable cause to believe that
the person to be arrested has committed a violation of said provisions in their presence.
In any case in which a person is arrested pursuant to this section and the person arrested
does not demand to be taken before a magistrate, said officer or employee making the
arrest shall prepare a written notice to appear and release the person on his or her
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promise to appear as prescribed by Chapter 5C, Title 111, of part 2 of the Penal Code of
the State of California (commencing with Section 853.6).
SECTION 11. Section 16-38 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 16-38. - Service charges.
(a) Owners and/or occupants of any improved parcel of real property in the city,
as shown on the latest county assessment roll, except any parcel receiving bin or roll -off
service exclusively, shall pay to the city a solid waste collection service charge refuse
service charge) in such amounts, at such times, and in such manner as shall be
established by resolution of the city council. Such refuse service charge is imposed to
provide for the continuing availability of curbside service, and shall be due and payable
in accordance with the terms of said resolution regardless of actual use thereof or of any
interruptions or delays in such service, except to the extent reductions or refunds may be
specifically authorized or directed by the executive director of public works or his/her
designee.
(b) For purposes of administrative convenience the city council may establish
billing units for payment of the said service charge consisting of one (1) or more
occupancies within one (1) or more parcels. The said total refuse service charge
reflecting the number of billable units shall be billed as provided in Section 39-20 of this
Code as part of the city's regular consolidated municipal utility services account/billing,
statement, but shall be listed as a separate line item on the municipal utility services
accountibitling statement.
(c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service
charge bills thirty (30) days after the billing date. No penalty, however, will accrue until
thirty (30) days after the date that the bill has been presented in accordance with section
39-20 of this Code.
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(e) In the event the occupant(s) of any property or premises, having registered,
a municipal utility services account and transferred municipal utility services into their own
name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility
for future municipal utility services charges, including refuse charges, shall revert to the
Ordinance No. NS -XXX
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11 A-54
municipal utility services account of the property owner in accordance with section 39-16
of this Code.
(f) In addition to all other civil remedies for collection of such indebtedness, in
the event that the owner and occupant of the premises or property receiving refuse
service are the same, then said civil debt against such customeror person shall be subject
to special assessment and lien against said property in the manner provided in Sections
38790.1 and 25831 of the Government Code of the State of California. Establishment of
a lien against the property shall remove said refuse charge(s) from the City's regular
consolidated municipal utility services account/billing statement and toll the accrual of
additional penalties therefore under this section and section 39-20 of this Code.
(g) The city shall not disconnect water utility service for failure to pay the refuse
by article II of Chapter 39.
(d4(h) Charges for bin service, roll -off container service or for collection services
more frequent or more extensive than that provided in this article for curbside service
shall be paid directly to the city's solid waste collection contractor in accordance with such
regulations as shall be established by contract or resolution of the city council.
SECTION 12. Section 18-602 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 18-602. - Persons obligated.
La) The municipal utility services, customer of record OF GGGuparts# for each
property, place or premises located in the City of Santa Ana, or person responsible to be
registered for municipal utility services, including sanitation service charges, shall be
liable for payment of all charges as set forth in this article, except to the extent reductions
or refunds may be specifically authorized or directed by the executive director of public
works or the executive director of finance, or their designees. The said sanitation service
charges shall be billed as provided in section 39-20 of this Code as part of the City's
regular consolidated municipal utility services account/billing statement but shall be listed
as a separate line item on the municipal utilitv services account/billina statement. Sho ald
(b) In the event the occupant(s) of any property, place or premises having
registered a municipal utility services account and transferred municipal utility services
into their own name as tenant(s), thereafter quit or otherwise vacate the premises then
responsibility for future municipal utility services charges, including sanitation service
Ordinance No. NS -XXX
Page 53 of 56
11 A-55
SECTION 13. Section 18-603 of the Santa Ana Municipal Code is hereby amended
such that it reads in its entirety as follows (new language underlined, deleted language in
strikeout for tracking purposes only):
Sec. 18-603. - Payment of bills and penalties.
(a) Date payment due. Bills for the sanitation charges made pursuant to this
article and penalties, if any, are due and payable at the department of finance iR the Got
hall on the date ef billiRg and baeorne deloRq6leRt fifteen (15) days afte-1c the cl�ate of s, -
b+ll+ng at the same time and in the same manner as all other parts of the regular
consolidated municipal utility services account/billing statement.
(b) Penalties. A penalty of ten (10) percent shall be assessed on all unpaid
sanitation charges bills and/or prior sanitation charge related penalties thirty (30) days
after the billing date. No penalty, however, will accrue until thirty (30) days after the date
that the bill has been deposited with the I -Wiled States Postal Sewiee, pFOperly addressed
with prepaid pestag^ affixed 'w^~^'^ presented in accordance with section 39-20 of this
Code.
(c) Civil debt. Sanitation service charges and any corresponding penalties
accrued for failure to make timely payment therefore shall be a civil debt owing to the city.
SECTION 14. The charges and fees authorized by Section 39-19 of this Code
shall be set forth in a fee schedule established by concurrent resolution. Such charges
and fees shall be incorporated into, and where appropriate, supersede the City's Uniform
Schedule of Miscellaneous Fees for Fiscal Year 2017-18.
SECTION 15. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentence, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 16. Neither the adoption of this ordinance nor the repeal hereby of any
ordinance shall in any manner affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof, nor be construed as affecting
any of the provisions of such ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation thereof, nor to affect the validity
of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited
Ordinance No, NS -XXX
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11 A-56
pursuant to any ordinance and all rights and obligations thereunder appertaining shall
continue in full force and effect.
SECTION 17. This ordinance shall become effective thirty (30) days after its
adoption.
SECTION 18. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this day of 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: 1B,4,4
J n M. Funk
Assistant City Attorney
AYES:
NOES
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Miguel A. Pulido
Mayor
11 A-57
Ordinance No. NS -XXX
Page 55 of 56
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
11 A-58
Ordinance No, NS -XXX
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