Bolinas Community Public Utility District
Ordinance No. 39
An Ordinance of the Bolinas Community Public Utilities District to provide
a comprehensive system of wastewater regulation and revenue to support construction
and operation of the wastewater disposal system.
Amends Ordinance 29
BE IT ENACTED BY THE BOARD OF DIRECTORS OF THE BOLINAS COMMUNICTY PUBLIC
UTILITY DISTRICT AS FOLLOWS:
Ordinance No. 29 is hereby revised and amended as specified below.
Section 1: DEFINITIONS
f. Manager. The Manager for the Bolinas Community Public Utility
District, or his/her designated representative.
hh. User. Any person who is owner of record, lessee, sublessee, mortgagee
in possession, or responsible for property who contributes, causes, or permits
the contribution of wastewater into the having a connection to a District
sewer or for processes which contribute sewage to a District sewer.
Section 16: SEWER USE PERMIT
A Sewer Use Permit is required for users as follows:
(a) Users whose premises are defined as residential under
Section One (1) shall not use the public sewer system without first obtaining
a Sewer Use Permit pursuant to this Ordinance, unless the residential users
premises were connected to the sewer prior to November 16, 1994;
(b) Users who convey waste by tank truck to a point of
direct entry into the sewer system shall not discharge waste to the public
sewer system without first obtaining a Sewer Use Permit pursuant to this
(c) Users whose premises are defined as non-residential
under Section One (1) and who acquire or newly occupy premises after November
16, 1994, shall not use the public sewer system without first obtaining a
Sewer Use Permit pursuant to this Ordinance; or,
(d) Users whose premises are defined as non-residential
under Section One (1) and whose premises were connected to the sewer prior
to November 16, 1994, shall not use the public sewer system without first
filing an application for a Sewer Use Permit within 30 (thirty) days after
being requested by the Manager to do so.
Users whose premises are defined as residential or nonresidential under Section
1 (one) shall not use the public sewerage system without first obtaining
the proper Sewer Use Permit.
(a). All users who convey waste by tank truck to a point
of direct entry into the sewerage system must obtain a Sewer Use Permit.
(b). On or after the effective date of this oridnance,
non-residential users who acquire or newly occupy premises which were then
connected to the sewer must obtain a Sewer Use Permit.
(c). Existing non-residential users whose premises are
connected to the sewer prior to the effective date of this ordinance shall
file an application for a Sewer Use Permit within 30 (thirty) days after
notice by the Manager to do so.
(New) Section 32: MONITORING FACILITIES
a. The Manager may require, at the user’s expense, monitoring
facilities to allow inspection, sampling, and flow measurement of the building
sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the user’s premises, but the Manager may, when such
a location would be impractical or cause undue hardship on the user, allow
the facility to be constructed in the public street or sidewalk area and
located so that it may not be obstructed by landscaping or parked vehicles.
b. There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of samples for analysis.
The facility, sampling and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the user.
c. Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided in accordance the District’s
requirements and all applicable local construction standards and specifications.
Construction shall be completed in 90 days following written notification
by the District, unless otherwise allowed.
(New) Section 33: INSPECTION AND SAMPLING
The Manager may inspect the facilities of any user as to ascertain whether
any purposes of this Ordinance are being met and all requirements are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow the Manager ready access at all reasonable
times to all parts of the premises for the purpose of inspection or sampling
or in the performance of any of their duties. The Manager shall have
the right to set up on the user’s property such devices as are necessary
to conduct sampling or metering operations. Where a user has security
measures in force which would require proper identification and clearance
before entry into their premises, the user shall make necessary arrangements
with their security guards, so that upon presentation of suitable identification,
personnel from the District will be permitted to enter without delay for
the purpose of performing their specific responsibilities.
(New) Section 34: CONDITIONS OF LATERALS AND SEWER CONNECTIONS
All persons shall be responsible for maintenance and repair of the sewer
lateral from the building to its interconnection with the District’s main.
All persons shall keep their sewer laterals, sewer connections and/or building
sewers in good order at their own expense and shall be liable for any damages
which may result from their failure to do so.
(New) Section 35: APPROVAL OF PLANS FOR SEWERAGE CONSTRUCTION
No person, other than employees of the District or persons contracting to
do work for the District, shall construct or cause to be constructed, or
alter or cause to be altered, any public sewer, lateral sewer, house connection
or industrial connection, sewage pumping plant, pollution control plant,
grease interceptor, other sewerage facility within the District where existing
or proposed wastewater flows will discharge directly or indirectly to facilities
of the District without first obtaining approval of sewerage construction
plans from the District.
The applicant shall submit to the District for approval, construction plans
and such specifications and other details as required to describe fully the
proposed sewerage facility. The plans shall have been prepared under
the supervision of and shall be signed by an engineer of suitable training
registered in the State of California.
Plans for sewerage construction shall meet all design requirements of the
An approval of plans for sewerage construction shall expire one year after
date of approval unless construction has been initiated.
(New) Section 36: INSPECTION AT TIME OF REMODEL
a. Whenever a person applies for a building and/or use
permit for a remodel of an existing residential or non-residential facility
from the County of Marin involving one or more plumbing fixtures, the property
owner shall have the building sewer line tested for infiltration and inflow,
unless he or she presents satisfactory proof to the Manager that the private
lateral sewer line is less than 20 years old or has been repaired but not
completely replaced within the last 10 years.
b. In order to ensure compliance with this section,
the property owner shall obtain a Sewer Lateral Certificate from the Manager
for continued sewer service to an existing service in which there is a remodel
involving one or more plumbing fixtures and which requires a county building
or use permit.
Section 32 37: RULES FOR ENFORCEMENT
e. Termination of Service. Pursuant to its Service
Termination Procedures set forth by BCPUD Resolution 312, the District may
terminate or cause to be terminated the service to any User or may revoke
any sewer use permit if a violation of any provision of this Ordinance is
found to exist or threatens to cause a condition of contamination, pollution,
or nuisance, as defined in this Ordinance. This provision is in addition
to other statutes, rules or regulations authorizing termination of service
for delinquency of payment or for any other reason. Whenever a premise
has been disconnected from the District’s sewer system for a violation hereof,
reconnection of said premises shall be in accordance with District regulations.
Notwithstanding the District’s Service Termination Procedures set forth by
BCPUD Resolution 312, immediate termination of service may be caused by the
Manager on any premises if there is an immediate public nuisance. The Manager
may then, enter upon the premises without written notice to do such things
and expend such sums as may be necessary to abate such nuisance, hazard or
menace and the reasonable value of work done and the amounts expended in
so doing shall be charged against the person or owner of the property so
Section 33 38: REQUEST FOR RULING
(text remains unchanged)
Section 34 39: APPEAL
(text remains unchanged)
Section 35 40: PUBLIC NUISANCE
(text remains unchanged)
Section 36 41: SEVERABILITY CLAUSE
(text remains unchanged)
Section 37 42:
PASSED AND ADOPTED at a regular meeting of the Board of
Directors on this 16th day of December, 2009.
AYES: Amoroso, Kimball, Bender, Siedman, Smith
President, Board of Directors