Chapter 3.01
GENERAL PROVISIONS

Sections:

3.01.010    Title.

3.01.020    Purpose.

3.01.030    Authority.

3.01.040    Definitions.

3.01.050    Sewer required.

3.01.060    Separate sewer.

3.01.070    Permits and fees.

3.01.080    Occupancy prohibited.

3.01.090    Rates for service.

3.01.100    Standby assessment.

3.01.110    Service application, deposits, billing, collection and discontinuance of service.

3.01.010 Title.

This Title 3 of the Malaga County Water District Ordinance Code is and may be referred to herein as the “Malaga County Water District Sewer Use Ordinance” or “SUO.”

3.01.020 Purpose.

A. To provide standards, provisions and requirements for the design, method of construction, and use of materials in sanitary sewer systems installed, altered or repaired within the District.

B. To set forth requirements for discharge into the District’s wastewater collection, transport, and treatment system enabling the District to meet its obligations to comply with various federal, state, and local acts, laws, statutes, regulations and grants.

3.01.030 Authority.

A. Sewer Works. The Malaga County Water District operates a sewerage system and operates a POTW pursuant to, among other things, the provisions of 40 CFR Part 403 and the Act.

B. Pretreatment Program. The Malaga County Water District is authorized pursuant to this ordinance to apply and enforce the requirements of Sections 307(b) and (c) and 402(b)(8) of the Act and any regulations implementing those sections. The District shall have the authority in addition to all other provisions of this ordinance to apply or enforce the provisions of 40 CFR 403.8(f)(1)(i) through (viii). This authority includes, but is not limited to, the provisions of the District’s pretreatment program set forth in MCWDC 3.05.020. [Ord. 2014-2 § 6.]

3.01.040 Definitions.

Unless otherwise defined in this title, the meanings of terms or phrases used in this title shall be as defined in this code.

3.01.050 Sewer required.

The owner of any building situated within the District and abutting on any street in which there is now located or may in the future be located a public sewer of the District or within 100 feet thereof is hereby required at owner’s expense to connect said building directly with the proper public sewer in accordance with the provisions of this code, within 90 days after date of official notice to do so, when such connection is deemed necessary by the District.

3.01.060 Separate sewer.

No two adjacent lots fronting on the same street shall be permitted to join in the use of the same side sewer.

3.01.070 Permits and fees.

No public sewer, side sewer, or other sanitary facilities shall be installed, altered or repaired within the District until a permit for the work has been obtained from the District and all fees paid in connection with the requirements of the Malaga Code.

3.01.080 Occupancy prohibited.

No building, industrial establishment or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the District.

3.01.090 Rates for service.

Rates and charges for sewer service shall be established by the District pursuant to Cal. Water Code § 31100 and set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.

3.01.100 Standby assessment.

The District may, pursuant to Cal. Water Code §§ 31100 et seq., charge a standby or availability charge. Such charges may be set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs.

3.01.110 Service application, deposits, billing, collection and discontinuance of service.

A. Application. Applications for service shall be made by the property owner or the property owner’s agents, including nonresident property manager with consent of the owner, in writing, on a form to be provided by the District along with a nonrefundable application fee, if required. Applications for residential sewer service may be made in conjunction with an application for water service. The District may require any other application process as set forth in this code or as determined by the District.

B. Deposits. Deposits for service may be required and may be included in the deposits as required for water service in Chapter 2.02 MCWDC.

C. Billing. Sewer service may be billed with water service as determined by the District.

D. Collection. Collection of fees and charges may be done in any manner allowed/available at law including the assessment of any unpaid charges being added to the property tax bill of the owner of the property.

E. Disconnection. Service may be disconnected as provided for by this code or any other applicable federal or state code or regulation.