ORDINANCE NO. 16
AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS, THE INSTALLATION OF SEWER LATERALS, REQUIRING PERMITS FOR THE INSTALLATION OF SEWER LATERALS AND REGULATING PLUMBING, DRAINAGE AND SEWERING AND REQUIRING PROPERTY OWNERS TO CONDUCT VIDEO INSPECTIONS OF PRIVATE SEWER LATERALS THAT DISCHARGE INTO THE DISTRICT’S SEWER SYSTEM
Be it ordained by the Governing Board at the Summerland Sanitary District as follows:
Section 1. Ordinance No. 13 is amended and restated.
Section 2. The following amendments to Ordinance 13 are made and in all other respects Ordinance 13 shall remain in full force and effect as adopted:
- (A) New Section 3.8 is added and former section 3.8 becomes 3.9.
- (B) New Section 4.8 is added and former section 4.8 becomes 4.9.
ARTICLE I. DEFINITIONS
(1) Applicant is the person making application for a permit for a sewer installation and shall be the owner, or authorized agent, of premises to be served by the sewer for which a permit is requested.
(2) Board of Directors or Board is the Board of Directors of the District.
(3) Building is any structure used for human habitation or a place of business, recreation or other purpose containing sanitary facilities.
(4) Building Sewer is a sewer conveying wastewater from the premises of a user to a public sewer (i.e., the part of the horizontal piping beginning at the foundation wall of any building, including the lateral sewer, and terminating in the main sewer).
(5) Contractor is an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit and shall be the owner or his agent.
(6) County is the County of Santa Barbara.
(7) Discharge means to pump, to place, to deposit, or to permit or to cause to flow.
(8) District is the Summerland Sanitary District.
(9) Garbage is solid waste from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of food.
(10) General Manager or Manager is the General Manager of the District.
(11) Lateral Sewer is the portion of the side sewer within a public street.
(12) Outside Sewer is a private sewer as may be permitted by the County.
(13) Permit is any written authorization required pursuant to this or any other rule, regulation or ordinance of the District for the installation of any sewage works.
(14) Person is any human being, firm, company, partnership, association, and private, public or municipal corporations, the United States of America, the State of California, districts and all political subdivisions, governmental agencies and mandatories thereof.
(15) Plumbing System includes all plumbing fixtures and traps, or soil, waste, special waste and vent pipes, and all sanitary sewage pipes within the property lines of the premises.
(16) Premises is a parcel of real estate, including any improvements thereon, that is determined by the District to be a single user for purposes of receiving, using, and paying for service.
(17) Private Sewer is one which has an independent sewage disposal not connected with a public sewer and which accommodates one or more buildings.
(18) Public Sewer is a sewer in a public right-of-way or easement held by the District or any sewer constructed by or owned by the District.
(19) Public Street includes all of any dedicated public right of way.
(20) Secretary is the Secretary of the Board.
(21) Sewage is a combination of water-carried wastes from buildings and industrial establishments connected to the District sewage system or from any private sewer.
(22) Sewage System consists of all facilities for collection, pumping, treating and disposing of sewage.
(23) Sewer is a pipe or conduit, which carries sewage and/or industrial wastes.
(24) Side Sewer is a Building Sewer, as defined above.
(25) Street is any public highway, road, street, avenue, alleyway, easement or right of way.
ARTICLE II. GENERAL PROVISIONS
This ordinance is intended to provide certain minimum standards, provisions and requirements for design, methods of construction and use of materials in sanitary sewage facilities and in lateral sewers hereafter installed, altered or repaired. This ordinance shall not apply retroactively and, in the event of alteration or repair hereafter made, it shall apply only to the new materials and methods used therein.
2.2 Short Title.
This ordinance shall be known as the Summerland Sanitary District Sewer Use Ordinance.
2.3 Violation Unlawful.
Following the effective date of this ordinance it shall be unlawful for any person to connect to, install, provide, maintain, or use any other means of sewage disposal from any building in the District, except by connection to a public sewer in the manner as provided in this ordinance.
2.4 Relief on Application.
- a. Application. When any person, by reason of special circumstances, is of the opinion that any provision of this or any other ordinance is unjust or inequitable as applied to his or her premises or circumstances, he or she may file a petition with the Board of Directors, citing the provision complained of, and requesting suspension or modification of that provision as applied to his or her premises.
- b. Grant of Relief by Board. If such application is approved, the Board may, by resolution, suspend or modify the provision complained of as applied to such premises, to be effective as of the date determined by the Board and continuing during the period of the special circumstances, or any part thereof.
2.5 Relief on Own Motion.
The Board may, on its own motion, find that by reason of special circumstances any provision of this or any other ordinance should be suspended or modified as applied to a particular person, building or parcel, and may, by resolution, order such suspension or modification for such person, building or parcel during the period of such special circumstances, or any part thereof.
2.6 Plumbing, Inspection, Compensation.
The Manager shall perform the duties of inspecting the installation, connection, maintenance and use of all lateral sewers and plumbing, sewerage, sanitary drainage work and facilities in connection therewith in the District. The Manager may delegate the inspection duties under this ordinance to any agent or employee of the District or governmental entity having jurisdiction and authority to perform such inspections.
2.7 Powers and Authorities of District Officers, Employees, and Delegates.
The officers, inspectors and any duly authorized employees or delegates of the District shall wear or carry evidence establishing their position as such and, upon exhibiting the proper credentials and identification, shall be permitted to enter in and upon any and all buildings and properties for the purposes of inspection, reinspection, observation, measurement, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the District.
2.8 Treatment of Wastes Required.
It shall be unlawful to discharge to any stream or watercourse any sewage or other contaminant.
2.9 Unlawful Disposal.
It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage, without all permits required by law.
2.10 Occupancy Prohibited.
No building or other structure shall be occupied unless the owner of the premises is in compliance with all rules and regulations of the District.
ARTICLE III. USE OF PUBLIC SEWERS
3.1 Connection to Public Sewer Required.
The owner of any building situated within the District requiring sewage disposal is hereby required at his or her expense to connect said building directly with the proper public sewer where such connection is required by the ordinances, rules, or regulations of the County of Santa Barbara or other applicable law.
3.2 Discharge Prohibited.
It shall be unlawful for any person to place, deposit, or permit to be deposited upon public or private property within the District, or in any area under the jurisdiction of the District, any human or animal excrement, garbage, or other objectionable waste.
3.3 Drainage Into Sewers Prohibited.
- a. No leaders from roofs and no surface drains for rainwater shall be connected to any sewer. No person shall discharge or cause to be discharged any rainwater, stormwater, groundwater, street drainage, subsurface drainage, yard drainage, including evaporative type air cooler discharge water, into any sewerage facility that is directly or indirectly connected to any sewer.
- b. No animal excrement shall be discharged into any sewerage facility that is directly or indirectly connected to any sewer.
3.4 Swimming Pools.
It shall be unlawful for any person to discharge the contents of a swimming pool into a sewer, without written permission from the District.
3.5 Duty of Sewer Service User to Report.
It shall be the duty of each owner of property connected to the District sewer system to report to the District all premises discharging waste into the District sewer. Any premises that are not so reported shall be deemed to have been connected to the District sewer from the date either (a) the property was first connected to the District sewer or (b) the individual parcel on which the unreported premises was established.
3.6 Unreported Connections.
Upon discovery of an unreported connection to the District sewer system, the District shall charge all current charges and fees, including all current connection charges, plus a ten percent (10%) basic penalty, up to three (3) years back charges for current sewer service fees, and a ten percent (10%) penalty on such back charges. All charges and fees pursuant to this section may be billed and collected in the same manner as sewer service charges.
3.7 Refund Policy
Under Government Code Section 52082 the following is stated:
- (a) By July 1, 1991, local agencies shall refund any sewer service fees collected for which no services were delivered.
- (b) Any sewer service fees collected by a local agency from any person for which no service has been provided shall be refunded in
accordance with subdivisions (c) and (d).
- (c) In cases where a person paid fees as described in subdivision (a) and is still residing at the same location, it shall be the responsibility of the local agency, upon determination that the premises is not connected to the sewer system, to return fees in their entirety, regardless of the amount of time the fees were wrongly collected. For the purposes of this section, if the exact amount of the charges is not readily available, the amount of the refund may be calculated by averaging the rates paid by payers in the same classification during the time period in which the fees were collected.
- (d) In cases where a person paid fees as described in subdivision (a) but is not still residing at the same location, the payer of the fees may make a claim for a refund to the agency collecting the fees.
- (e) No statute of limitations shall apply to claims for fees paid before January 1, 1992. For fees paid on or after January 1, 1992,
claims shall be filed within 180 days of the date of payment.
- (f) As used in this section, “sewer service fees” means periodic fees, tolls, rates, rentals, or other charges imposed by local agencies for the purpose of covering the cost to provide sewer service or to operate, maintain, repair, and replace sewer systems and facilities, but do not include any of the following:
(1) Sewer standby or availability charges or assessments.
(2) Special assessments levied in accordance with one or a combination of the Improvement Act of 1911 (Division 7 (commencing
with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), or the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code).
(3) Sewer connection charges or sewer capacity charges paid in conjunction with or as a condition of approving an application for sewer service.
If sufficient evidence is submitted to the satisfaction of the General Manager that incorrect service charges have been collected by the District, the overcharge shall be refunded to the owner at the time of the General Manager’s determination, subject to the following limitations:
- A. In no event shall an owner be eligible for a refund of service charges for a period of time in excess of two years from the date of the General Manager’s determination.
- B. Owner is only eligible to receive a refund for the amount overpaid by that owner and not for any amount overpaid by a previous owner. Documentation of the date of title transfer must be submitted by the owner to the District with any request for consideration.
3.8 Protection from Damage.
No person shall break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is a part of the District’s sewage system or connect to or disconnect from said system, without District authorization and all permits required by law. Any person violating this provision shall be subject to the penalties provided by law.
ARTICLE IV. BUILDING SEWERS, LATERAL SEWERS AND CONNECTIONS
4.1 Compliance with District Specifications Required.
All sewer construction within the District must be in compliance with the Standard Specifications for the Construction of Sewer Facilities, as adopted by the Board of Directors, which may be amended from time to time.
4.2 Separate Sewers.
No two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer. Every building must be separately connected to a public sewer if such public sewer exists in the street upon which the property abuts or in an easement that will serve said property. However, two or more buildings located upon one parcel of real property may be served with the same side sewer during the period of ownership by one owner. Each such connection shall obtain a separate connection permit from the District. Upon the subsequent subdivision and sale of a portion of said lot the portion not directly connected with such public sewer shall be separately so connected with a public sewer, and it shall be unlawful for the owner thereof to continue to use or maintain the original indirect connection.
4.3 Existing Building Sewers.
Existing building sewers may be used in connection with new buildings only when they are found, upon examination and test by the Manager, to meet all requirements of the District.
4.4 Sewer Too Low.
In all buildings in which any building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building sewer shall be lifted by artificial means, approved by the Manager, and gravity discharged to the public sewer at the expense of the owner.
4.5 Protection of Excavation.
All excavations for side sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other property disturbed in the course of the work shall be restored in a manner satisfactory to the District and the city, county or any other person having jurisdiction thereover. The Manager may require steel plating on all excavations within 12 feet of any public access left open overnight.
4.6 Maintenance of Side Sewer.
Building or side sewers shall be maintained by the owner of the property served thereby.
4.7 All Work to Be Inspected.
All sewer construction work shall be inspected by the Manager or other authorized person to ensure compliance with all requirements of the District. No sewer shall be covered at any point until it has been inspected and passed for acceptance. Nothing shall be permitted to enter the District’s public sewer until the work covered by the permit has been completed, inspected and approved by the Manager. If the work is approved, the Manager shall sign off on the permit showing work to be satisfactorily complete.
4.8 Video Inspection of Private Laterals and/or On-site Private Collection Systems
- A. District may require that an owner conduct video inspections of the private sewer lateral(s)and/or private on-site sewer collection systems that discharge into the District sewer system. Upon written notice from the General Manager, within 90 days owner shall complete the video inspection of owner’s private sewer lateral and/or private on-site sewer collection system and provide a copy of the video to District. District shall provide owner with the names of companies that are qualified to provide the video inspection of the private sewer laterals. Owner may choose another company at owner’s discretion.
- B. In the event the video identifies any necessary repairs to the private lateral(s) and/or private on-site collection system, such repairs shall be undertaken at the owner’s sole expense and completed within 90 days of receiving a written notice of repair from the District. Failure to comply with this provision may result in the imposition of civil penalties.
It shall be the duty of the person doing the work authorized by permit to notify the office of the District that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected. It shall be the duty of the person doing the work to make sure that the work will stand the test required by the District before giving the above notification.
4.10 Condemned Work.
When any work has been inspected and the work condemned and no certification of satisfactory completion given, the Manager or his or her delegate shall issue a written notice to that effect to the owner of the building, or the agent of such owner, to repair the sewer or other work authorized by the permit in accordance with the ordinances, rules and regulations of the District.
4.11 All Costs Paid by Owner.
All costs and expenses incident to the installation and connection of any sewer or other work for which a permit has been issued shall be borne by the owner. The owner shall indemnify the District from any loss or damage that may directly or indirectly be occasioned by the work.
The District and its officers, agents and employees shall not be responsible for any liability or injury or death to any person or damage to any property arising during or growing out of performance of any work by any applicant for a permit from the District. The applicant shall be responsible for, and shall save the District and its officers, agents and employees harmless from any liability imposed by law upon the District or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending same or in seeking to enforce this provision. Applicant shall be solely liable for any defects in the performance of their work or any failure which may develop therein. The District may require an applicant for a District permit to execute such documents as may be necessary or desirable to implement or enforce this provision.
ARTICLE V. PERMITS
5.1 Permit Required.
No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance or perform any work on any sewer or drainage system without first obtaining written authorization from the District.
5.2 Application for Permit.
- a. Application. Permit applications shall be made on forms provided by the District. Applicants shall give a description of the character of the work proposed to be done and the location, ownership, occupancy and use of the premises in connection therewith. The District may require plans, specifications or drawings and such other information as may be deemed necessary by the Manager. Permit applications shall contain a provision that requires the applicant to comply with the ordinances, rules, and regulations of the District. The applicant’s signature on an application for any permit shall constitute an agreement to comply with all of the provisions, terms and requirements of the ordinances, rules, and regulations of the District, and with the plans and specifications the applicant has filed with his or her application, if any, together with such corrections or modifications as may be made or permitted by the District, if any.
- b. Issuance. If the District determines that the plans, specifications, drawings, descriptions or information furnished by the applicant is in compliance with the ordinances, rules and regulations of the District, it shall issue the permit applied for upon payment of any required fees or charges.
5.3 Compliance with Permit.
After approval of the application, evidenced by the issuance of a permit, no change shall be made in the location of the sewer, the grade, materials, fixture count or other details from those described in the permit or as shown on the plans and specifications for which the permit was issued except with written permission from the District, the Manager or other authorized representative.
5.4 Classes of Permits.
There shall be five classes of permits, as follows:
- a. Single family residential building sewer connection permit.
- b. Multi-family residential sewer connection permit.
- c. Commercial, industrial, miscellaneous sewer connection permit.
- d. Public sewer construction permit.
- e. Inspection, modification, replacement, demolition, or disconnection of existing lateral permit.
5.5 Street Excavation Permit.
Owners or contractors intending to excavate in a public street for the purpose of installing sewers or making sewer connections must secure separate permits from the State, County or any other person having jurisdiction.
5.6 One-Time or Temporary Discharge Permits.
The Manager may issue a one-time or temporary discharge permit for the discharge of trucked, hauled, or other water-carried waste into the District’s sewer system; provided, however, the Manager may not issue a permit pursuant to this section for the discharge of septage or discharges prohibited under the District’s ordinances. The Manager may, in his or her absolute discretion, deny any application for a permit pursuant to this section on the grounds that the strength characteristics or volume of the proposed discharge is unsuitable for discharge to the District’s sewer system. “Septage” for the purposes of this section means the liquid and semisolid contents removed by pumping from a septic tank, outhouse, portable sanitation unit or holding tank.
5.7 Sewer Service Availability Letter
The Manager, using such procedures and forms as the Manager determines are appropriate, is authorized to issue a letter in the name of the District (i) indicating that sewer service capacity will be reserved for application for a period of one year from the date of the issuance of such letter (Sewer Service Availability Letter). The Sewer Service Availability Letter provided by the District shall be subject to all conditions and limitations as stated therein.
5.8 Time Limit on Permits.
If work under a permit is not commenced within six (6) months from the date of issuance, or, if after partial completion, the work is discontinued for a period of one (1) year, the permit shall become void and no further work shall be done until a new permit is issued. All fees shall be paid upon the issuance of said new permit, except when this requirement is waived by the Board.
Section 3. Publication. Upon adoption, this ordinance shall be entered in the minutes of the Board and published as required by Health and Safety Code section 6490.
Section 4. Severability. If any section, sub-section, sentence, clause or phrase of this ordinance or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance or the application of such provisions to other persons or circumstances. The Board hereby declares that it would have passed this ordinance or any section, sub-section, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared to be unconstitutional.
PASSED and ADOPTED by the Board of Directors of the Summerland Sanitary District on the 10th day of April, 2014.
JOHN FRANKLIN, President
Board of Directors
SUMMERLAND SANITARY DISTRICT
DAVID NOVIS, Secretary
Board of Directors
SUMMERLAND SANITARY DISTRICT