HomeMy WebLinkAboutNS-2921 - Repealing and Reenacting in Their Entirety Articles I, II, III, and V of Chapter 39 of Santa Ana Municipal CodeORDINANCE NO. NS -2921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING AND REENACTING IN
THEIR ENTIRETY ARTICLES I, 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
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, II, III, 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.
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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repealed in its entirety.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.
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(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
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sewer, as -built plans stamped by an engineer licensed by the state of California must be
submitted and approved by the Public Works Agency.
(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:
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
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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.
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 upon which a bill or notice is mailed to the
customer at their mailing address of record, or in the event that a customer has signed
up for electronic billing, the date upon which electronic notice is given to the customer at
their electronic mailing address of record.
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.
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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.
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
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.
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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 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
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"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:
(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 for water 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 agency for 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
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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.
(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.
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(3) Multi -family per unit charge. Basic service charges shall be applied to
developments that meet the definition of multi -family dwelling/accommodation 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 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 turn 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 turn on services and delinquent accounts when requested by customer - see Sec.
39-20(e).
(3) Special investigation/meter 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. 39-2O(c).
(4) Meter removal 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) Meter test fee (when requested by customer) - see Sec. 39-21(a).
(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. 39-2O(m).
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29(e).
(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).
(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
water service charges (including any fire line charges), and other fees and penalties
shall be stated as part of a municipal utility services account/billing 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 et 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
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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) water 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.
(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 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.
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(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 turn 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 turn 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. 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
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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.
(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.
Ordinance No. NS -2921
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(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.
(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.
Ordinance No. NS -2921
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(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 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 water service shall be used
to serve domestic water to hospitals, convalescent homes, developmental facilities, long
Ordinance No. NS -2921
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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 water for
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.
(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 lots with landscape area greater than 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
Ordinance No. NS -2921
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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.
(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.
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(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.
(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
Ordinance No. NS -2921
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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 water pipe beyond the street
service box. Water customers shall, for their 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 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.
Ordinance No. NS -2921
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(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:
(1) 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.
(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.
Ordinance No. NS -2921
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(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 meter will be installed by the city at the 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
(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 water for 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
Ordinance No. NS -2921
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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.
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;
Ordinance No. NS -2921
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(B) 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.
(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.
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(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.
(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.
Ordinance No. NS -2921
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(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.
(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").
Ordinance No. NS -2921
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(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
_1
Degree of Hazard
Aircraft and missile plants
Automotive plants
Auxiliary water systems (interconnected)
Auxiliary water systems (not interconnected)
Minimum
Type
of Backflow
Protection
RP
RP
RP
RP
9.
Buildings with 2 or more service connections (interconnected)
DC 1
10J
Buildings with house pumps and/or potable water storage tank
DC
11..I
Buildings with wastewater pumping and/or treatment plants (not
RP !,
_ interconnected)
12.I
Canneries
RP
13.1
Car wash facilities
RP
14.1
Centralized heating and air conditioning plants
RP j
15.1
Chemical plants
j RP
16
Chemically treated potable water systems
RP
17. !;
Civil works (facilities not subject to city plumbing inspection)
-
RP
Ordinance No. NS -2921
Page 27 of 57
Ordinance No. NS'2O21
Page 28cf57
19.
Cooling towers,20.1
Dairies and cold storage plants
RIP21.
1 Dye works
RP23.1
Fire protection system with biological or chemical additives
RPFire
protection system with unapproved auxiliary water supply (not24.
DC25
Fire protection system with unapproved auxiliary water supply
RID26.1
Fire protection system with storage tanks or private reservoirs
DCprotection
systems with 2 or more service connectionsire
DC128.
(interconnected)
Food processing plants
RP'29.
High schools and colleges
RIP30.Hospitals
(major complexes)33
Laboratories using toxic materials
RP34.
Manufacturing, processing, and fabricating plants using toxic materials
RP35.
Manufacturing, processing, and fabricating plants using nontox C
RPmaterials36
Medical and dental buildings
Ordinance No. NS'2O21
Page 28cf57
46.1 Sand and gravel plants RP
- _ -
47.1 Sewage and storm drainage facilities RP
48' Any premises where there is a repeated history of cross -connections ( RP
being established or reestablished
i
Unapproved water systems or private piping systems constructed
49 i 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 sufficiently RP
short notice to assure that they do not exist
(j) 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.
(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.
Ordinance No. NS -2921
Page 29 of 57
(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, water 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 water 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.
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.
Ordinance No. NS -2921
Page 30 of 57
(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 by the 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
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
Ordinance No. NS -2921
Page 31 of 57
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.
(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
Ordinance No. NS -2921
Page 32 of 57
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
user's premises for monitoring, inspecting, sampling, analysis, and observation of the
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
Ordinance No. NS -2921
Page 33 of 57
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.
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.
Ordinance No. NS -2921
Page 34 of 57
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. 2006-0003-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 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.
Ordinance No. NS -2921
Page 35 of 57
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.
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.
Ordinance No. NS -2921
Page 36 of 57
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.
Sewer lateral 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 for transporting 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 -2921
Page 37 of 57
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 owner/user, 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.
(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
Ordinance No. NS -2921
Page 38 of 57
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; permit 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:
(1) 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
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.
Ordinance No. NS -2921
Page 39 of 57
(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.
Ordinance No. NS -2921
Page 40 of 57
(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
for such 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 II of this chapter.
Sec. 39-55.2. - Same—Establishment
Ordinance No. NS -2921
Page 41 of 57
(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 account/billing statements
for water utility services pursuant to article II 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
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(d) Any water utility customer who has not received city -supplied water during
a billing period.
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 II 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
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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.
(a) The director of public works 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.
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(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.
(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;
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(3) SSOs; or
(4) The FSE is not implementing or complying with BMPs as listed in the rules
and regulations.
(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
Ordinance No. NS -2921
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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.
(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 diameter of 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.
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(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.
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(s) 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
Ordinance No. NS -2921
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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 of the wastewater generating and disposal facilities for the purposes of inspection
and sampling during all times the discharger's 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;
Ordinance No. NS -2921
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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 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
Ordinance No. NS -2921
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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:
(a) Pollutants that create a fire or explosion hazard in the sewer collection
system or the 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.
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(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;
(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 owner who 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:
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,
Ordinance No. NS -2921
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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, 39-24, 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
promise to appear as prescribed by Chapter 5C, Title III, 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:
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 or by the executive director of finance and management services 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
account/billing 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.
(d) The said refuse service charge and any penalties accrued for failure to
make timely payment therefore shall be a civil debt owing to the city.
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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 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 customer or 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 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 II of Chapter 39.
(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:
Sec. 18-602. - Persons obligated
(a) The municipal utility services customer of record 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 utility services account/billing
statement.
(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
Ordinance No. NS -2921
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responsibility for future municipal utility services charges, including sanitation service
charges, shall revert to the municipal utility services account of the property owner in
accordance with Section 39-16 of this Code.
SECTION 13. Section 18-603 of the Santa Ana Municipal Code is hereby
amended such that it reads in its entirety as follows:
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 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 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 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 pursuant to any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
Ordinance No. NS -2921
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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 1 st day of August, 2017.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: %.
Jo66 M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS -2921
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Pulido Sarmiento Solorio Villegas (4)
Martinez (1)
None (0)
Benavides Tinaiero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2921 to be the original ordinance adopted by the City Council of the
City of Santa Ana on August 1, 2017, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: w/ )
Maria 1D.
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2921
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