An applicant for sanitation service or for a change in the amount
or type of such service shall make request on forms provided by the
District, and pay all fees prior to obtaining a permit from the administrative
authority.
Applicants for sanitation service shall provide the following
information:
(a) Location
of property from which sewage will flow;
(c) Strength
of sewage to be discharged;
(f) Type
of user (residential, commercial or industrial);
(g) Nature
of business if commercial or industrial; and
(h) Plumbing
plans of the proposed facility, commercial or industrial.
Applicants for sanitation service who propose to discharge into
a collector sewer owned by the Maintenance District shall also make
application to the Maintenance District and present satisfactory evidence
to the District such application has been accepted or the requirements
waived by the Maintenance District.
(a) The
General Manager shall review applications for sanitation service and
determine which class of discharge applies to the applicant.
(b) A
non-residential discharger or applicant who contends the General Manager's
determination of Class does not accurately reflect the quantity or
quality of water reaching the sewer may request the General Manager
to review the determination by presenting evidence to support such
contention. The General Manager may change the classification assigned
to the discharger if the discharger can show that the sewage differs
significantly and substantially from the sewage for the Class.
Applicants for sanitation service shall pay the fees set forth
in this Article as a condition for obtaining sanitation service.
An applicant for service to property or where sewage units are
added to an existing lateral sewer which is already connected to the
trunk sewer directly or through a collector sewer or otherwise, shall
pay: (1) a sewage connection fee, (2) the miscellaneous fees, if any,
and (3) make the deposits set forth below.
An applicant for service to property which fronts upon an existing
collector or trunk sewer but which is not connected to the collector
or trunk sewer shall pay: (1) annexation fees, if the property is
not within an improvement district; (2) a pro rate share of the cost
of the trunk sewer, if a main extension refund agreement exists with
respect to such trunk sewer; (3) a sewage connection fee; (4) miscellaneous
fees, if any; (5) make the deposits, all as set forth below, and (6)
construct the necessary lateral sewer.
(a) An
applicant shall pay connection fees and the cost of sanitation system
improvements necessary to serve the applicant's property, provided:
if the sanitation system improvements are identified in the sewage
system capital improvement plan, the improvements shall be constructed
by the District using connection fees to pay for the cost of design
and construction, including debt service. Sanitation system improvements
are identified in the current sanitation system capital improvement
plan, within the meaning of this section if the improvements are described
in the plan or if the improvements are approved by the Board as a
substitute for the improvements described in the plan.
(b) If
the applicant pays for the cost of a trunk sewer extension to serve
the applicant's property, the applicant may enter into a sewer extension
refund agreement.
Annexation fees to improvement districts, and terms and conditions
of such annexation, are set annually by the Board.
Each property to be connected to the sewer system shall pay
a sewer connection fee based upon the anticipated sewage flow to be
contributed by the property as follows:
(a) Single
family residential dwelling shall be deemed to contribute one sewage
unit.
(b) Each
dwelling unit of an apartment, condominium, town house, trailer park,
mobile home park, or similar installation for permanent or semi-permanent
residential service shall be deemed to contribute one sewage unit.
(c) Commercial,
industrial, institutional, governmental, and other non-residential
developments are deemed to have one sewage unit for each 25 plumbing
fixture units, as defined in the Uniform Plumbing Code, which discharge
into the sewer system. Fractional amounts will be rounded to the next
whole number.
[Amended by Res. 2522, 6-27-2017; Res. 2548, 3-12-2019]
(a) The owner of lands within Sanitation Improvement District No. U-1 and D shall pay a capacity fee per sewerage unit. Such sewer capacity fees are set forth in Section
7-1.109 of this Code.
(b) U-1
and D sewer capacity fees shall be deposited in a separate capital
facilities account to avoid commingling of the fees with other revenue
and funds of the District, except for temporary investments and shall
be expended solely for the purpose of reimbursing the District for
the owner’s pro rata share of existing sewer system capacity.
(c) U-1
and D sewer capacity fees shall be transferred from the U-1 and D
deferred capacity fee account to the District sanitation replacement
account when a certificate of occupancy is issued, or on the date
of final inspection, whichever occurs first.
(d) Upon
written request, the sewer capacity fee to be paid by a public agency
for service to tax exempt property shall be reduced by the amount
of the fee attributable to the cost of capital facilities.
[Amended by Res. 2522, 6-27-2017; Res. 2548, 3-12-2019]
(a) The owner of lands within Sanitation Improvement District U-2 shall pay a sewer capacity fee per sewerage unit. Such sewer capacity fees are set forth in Section
7-1.110 of this Code.
(b) U-2
sewer capacity fees shall be deposited in a separate capital facilities
account to avoid commingling of the fees with other revenue and funds
of the District, except for temporary investments and shall be expended
solely for the purpose of planning, designing and constructing the
sanitation facilities described in the sanitation system capital improvement
plan for the Las Virgenes Municipal Water District - Triunfo Sanitation
District Joint Venture designated to serve Sanitation Improvement
District U-2; and for the purpose of acquiring capacity in the sewage
system operated by the City of Los Angeles, and conducting sewage
to the point of discharge to the City.
(c) U-2
sewer capacity fee shall be transferred from the U-2 deferred capacity
fees account to the District sanitation replacement account when the
above-described funds are appropriated to perform the work, the work
is performed, when a certificate of occupancy is issued, or on the
date of final inspection, whichever occurs first.
(d) Upon
written request, the sewer capacity fee to be paid by a public agency
for service to tax exempt property shall be reduced by the amount
of the fee attributable to the cost of capital facilities.
[Amended by Res. 2548, 3-12-2019]
(a) The
owner of lands within Sanitation Improvement District No. U-3 shall
pay a connection fee set forth in Section 7-1.111(a) of this Code.
(b) The
owner of lands within Sanitation Improvement District No. B shall
pay a connection fee set forth in Section 7-1.111(b) of this Code.
(c) U-3
connection fees shall be deposited in a separate capital facilities
account, entitled "U-3 connection fee account", to avoid commingling
of the fees with other revenue and funds of the District, except for
temporary investments and shall be expended solely for the purpose
of planning, designing and constructing the sanitation facilities
described in the sanitation system capital improvement plan for Sanitation
Improvement District No. U-3.
(d) ID-B
connection fees shall be deposited in a separate capital facilities
account, entitled ID-B connection fee account", to avoid commingling
of the fees with other revenue and funds of the District, except for
temporary investments and shall be expended solely for the purpose
of planning, designing and constructing the sanitation facilities
described in the sanitation system capital improvement plan and for
Sanitation Improvement District No. B.
(e) U-3
and ID-B connection fees shall be transferred from the U-3 and ID-B
connection fee account to the construction fund when the above-described
work funds are appropriated to perform the work, the work is performed,
when a certificate of occupancy is issued or on the date of final
inspection, whichever occurs first.
(f) Sewer
service to owners of land within Sanitation Improvement District Nos.
U-3 and B is provided through the City of Los Angeles. The applicant
for such service shall obtain the consent of the City of Los Angeles
for a District outlet to the City of Los Angeles sanitation system
and pay a connection fee deposit as shown herein for each sewerage
unit depending upon the sanitation improvement District within which
the property is located.
(g) Upon
written request, the sewer connection fees to be paid by a public
agency for service to tax exempt property shall be reduced by the
amount of the fee attributable to the cost of capital facilities.
(a) When
the number of sewage units connected to a particular lateral permanently
increases, the property owner shall pay an additional sewage connection
fee based upon the number of ERU's added to the system.
(b) Upon
discovery of an unauthorized sewer connection by the District, the
property owner shall pay a sewage connection fee at the rate existing
as of the date of the connection. Unless the property owner presents
clear and convincing evidence as to the date of the unauthorized connection,
it shall be presumed that the connection was made as of the date of
discovery.
(c) From
time to time, interim agreements are entered into between the City
of Los Angeles and the District to provide for sewage disposal from
certain areas within Sanitation Improvement Districts U-3 and B. The
District cannot approve sewer plans for property within Sanitation
Improvements Districts U-3 or B until an outlet is assured. The applicant
shall obtain the consent of the City of Los Angeles for a District
outlet and when such assurances have been obtained, the applicant
shall pay the connection charge to the District for each sewerage
unit sought to be connected.
[Amended by Res. 2522, 6-27-2017; Res. 2529, 11-14-2017]
Sewer connection fees may be changed at any time in accordance
with this Code and state law. An applicant shall pay the connection
fees existent when service commences regardless of when the connection
fees are deposited or paid, except those connection fees paid after
June 22, 1978 and before March 26, 1990. As used herein, "service
commences" for a new or additional ERU when the applicant's property
can be connected to the trunk or collector sewer and monthly sewage
service charges are paid. Notwithstanding the “service commencement”
provisions of this section, customers who made a pre-paid deposit
for service prior to June 30, 2017 will have until June 30, 2018 to
commence service and pay the connection fee in effect as of June 30,
2017.” Notwithstanding the “service commencement”
provisions of this section, existing water only customers who made
a pre-paid deposit for service prior to June 30, 2018 will have until
June 30, 2018 to commence service and pay the connection fee in effect
as of June 30, 2017.
When an applicant desires assurances that sanitation service
will be provided by the District at a future date, such assurances
will be given only if the applicant agrees to be bound by District
regulations, including regulations for the payment of connection fees,
existent when service commences and the applicant makes financial
arrangements to pay connection fees in the future by depositing cash
with the District and entering into a deposit agreement.
If the number of sewage units applicable to the temporary facilities
is more than the number of sewage units applicable to the permanent
facilities, then no additional sewage connection fees shall be assessed
and connection charges applicable to such excess sewage fees shall
be refunded to the property owner at the rate existent as of the date
of connection to the temporary facilities.
When the right to service is transferred from temporary to permanent
facilities and the number of sewage units applicable to the temporary
facilities is less than the number of sewage units to be provided
to the permanent facility, then the property owner shall, in addition
to the other fees and charges set forth herein, pay an additional
sewage connection fee(s) based upon the number of additional sewage
units, or portions thereof, at the rate existent as of the date of
the transfer.
A property owner who has the right to receive sanitation service
for temporary facilities on a particular parcel of land may transfer
that right to permanent facilities located on another parcel of land,
if the following are met:
(a) The
property owner has paid fees and charges for service to the temporary
facilities.
(b) The
property owner has paid expenses incurred by the District in providing
service to the new site including but not limited to expenses incurred
in providing additional materials, inspection or coring, if required.
(c) The
property owner demonstrates service to the temporary facilities has
been discontinued, sealed and capped and later service to the temporary
site will not occur unless a subsequent application for service is
made and applicable rates, fees and charges are paid.
An applicant shall also pay the following miscellaneous fees:
(a) If
a collector sewer is constructed pursuant to a “private contract"
or pursuant to the ordinances and regulations of the Maintenance District,
the project proponent shall pay to the District the cost of reviewing
the plans and specifications for the sewer improvements.
(b) Sewer
connection installation and inspection charges shall be paid whenever
a connection to a collector or trunk sewer is required.
(c) The
District's testing costs, if any, of industrial waste which must be
tested prior to discharge,
(d) The
anticipated amount of the miscellaneous fees described above shall
be deposited prior to commencement of work by the District. Refund
of any excess deposit shall be made upon completion of the work.
An applicant who does not desire or is not required to make
a cash deposit for capacity fees, shall enter into a deposit agreement.
The General Manager shall present a form of the deposit agreement
to the Board for approval. The deposit agreement shall be recorded
and constitutes a lien against the property for which service is sought
unless the applicant provided an irrevocable letter of credit of bond
in an amount equal to the fees paid.
(a) The
General Manager shall establish the amount of deposit by estimating
the District's cost of providing the materials, equipment or services
for which the deposit is made. The deposit shall be tendered to the
District before work is undertaken by the District. The amount of
deposit may be increased by the General Manger if it appears the deposit
is inadequate. If the applicant fails to increase the amount of deposit
when requested by the General Manager in writing to do so, work shall
cease. At the conclusion of the project, the General Manager shall
refund any amounts deposited in excess of costs incurred.
(b) If
the applicant abandons the construction of the improvements, or the
recording of a subdivision for which installation and connection charges
were paid, the installation and connection charges shall be refunded,
with interest, to the applicant upon the applicant's written request. If
the facilities necessary to serve the applicant's property have been
installed or direct expenses incurred by the District toward such
service installation, the refund permitted under this Section shall
be reduced by the amount of such expenditure.