Adopted

LOS OSOS COMMUNITY SERVICES DISTRICT
ORDINANCE NO. 2004-01

AN ORDINANCE OF THE LOS OSOS COMMUNITY 
SERVICES DISTRICT BOARD OF DIRECTORS 
ADOPTING A WATER CONSERVATION RETROFIT PROGRAM

WHEREAS, the Los Osos Community Services District ("District") is pursuing the construction of a community Wastewater Treatment Project ("Project") in compliance with Regional Water Quality Control Board, Central Coast Region, ("RWQCB) Order No. 00-131; and

WHEREAS, financing for the Project is available through the State Water Resource Control Board ("SWRCB") State Revolving Fund at low interest rates; and

WHEREAS, the District desires to use the SWRCB State Revolving Loan Program to provide financing for the Project; and

WHEREAS, the policies of the SWRCB require that each State Revolving Loan recipient establish an Urban Water Management Plan ("UWMP"); and

WHEREAS, the District's UWMP identifies installation of Ultra Low Flush Toilets and Urinals as part of the water conservation component of the UWMP; and

WHEREAS, the District has been awarded a grant in the amount of five hundred thousand dollars ($500,000) to offset the purchase of Ultra Low Flush Toilets for residential property within the Prohibition Zone; and

WHEREAS, the District has identified a portion of Project Bond proceeds to offset the cost of installing Ultra Low Flush Toilets for residential property within the Prohibition Zone; and

WHEREAS, based on the Staff Report, Staff presentation and public comment the Board of Directors finds:

1. That the hearings adopting this Ordinance have been appropriately noticed.

2. The purpose of the Retrofit Program is to retrofit high flow toilets and urinals with Ultra Low Flush Toilets and Urinals for the purposes of:

A. Complying with the District's Urban Water Management Plan;

B. Meeting effluent design criteria for the Project;

C. Conserving groundwater by reducing groundwater pumping from the groundwater basin; and

D. That compliance with this Ordinance will reduce effluent flows to the Wastewater Treatment Plant by twenty percent (20%).

NOW, THEREFORE, BE IT ORDAINED, by the District Board of Directors of the Los Osos Community Services District as follows:

SECTION 1. Water Conservation Program

A. Application:

The retrofit requirements of this Ordinance shall apply to all real property located within the "Prohibition Zone" as identified in RWQCB Resolution 83-13.

B. Definitions:

1. "Ultra Low Flush Toilet" means toilets which use no more than 1.6 gallons per flush and which meet the performance standards established by the American Society of Mechanical Engineers Standards A112.19.2M and A112.19.6.

2. "Ultra Low Flush Urinals" means urinals which use no more than 1 gallon per flush and meet the performance standards in subsection 1, above.

3. "Licensed Plumber" means a person who holds a current valid Contractor's License in good standing, issued by the California State Contractor's License Board with a classification of C-36.

4. "District Inspector" means a person authorized by the District to inspect residential and commercial property for compliance with the Water Conservation Program.

5. "Project" means the Wastewater Treatment Project currently being designed to provide community sewer service within the Prohibition Zone pursuant to Regional Water Quality Control Board Order 00-131.

C. Compliance:

Prior to connecting to the Project, each owner of real property shall lodge with the District a Licensed Plumber's Certification, or a District Inspector's Certification that all toilets and urinals within the connecting property have been retrofitted with Ultra Low Flush Toilets or Ultra Low Flush Urinals.

D. Non-Compliance:

The District shall charge Property Owners, that do no comply with Section 1 C above, one hundred twenty percent (120%) of the applicable bi-monthly charge for sewer service.

E. District Inspection:

At Property Owners request, the District, at no charge and on a one (1) time basis, will provide a District Inspector to verify compliance for Property Owners that self-install Ultra Low Flush Toilets or Urinals.

F. Grant Funding:

The District shall use the grant funds to offset residential property owner's costs for the purchase of up to two (2) Ultra Low Flush Toilets. 

G. Project Bond Proceeds:

In the event grant funding is insufficient, the District shall use bond proceeds to offset residential property owners costs for the purchase of up to two (2) Ultra Low Flush Toilets. 

H. Relief:

1. A Property Owner may apply to the District for relief from the retrofit requirements established by this Ordinance and/or the administrative rules and regulations upon written application to the District General Manager. The application shall describe in detail the practical difficulties or unnecessary hardship that would result from the strict enforcement of the retrofit requirement and the name and address of the person to receive notice. Additional information may be required by the General Manager. The General Manager may grant relief based on special circumstances applicable to the use of Ultra Low Flow Toilets and that strict application of the retrofit requirements:

a. Would create practical difficulties, unnecessary hardship; and

b. That the granting of said relief would not tend to defeat the purpose of the retrofit water conservation program.

2. The General Manager, in granting relief, may set forth conditions as he/she deems necessary.

3. The property owner may appeal the decision of the General Manager to the District Board of Directors. In order to grant relief, the Board of Directors must find that based on special circumstances applicable to the use of Ultra Low Flow Toilets and that strict application of the retrofit requirements:

c. Would create practical difficulties, unnecessary hardship; and

d. That the granting of said relief would not tend to defeat the purpose of the retrofit water conservation program.

4. The Board of Directors in approving relief may set forth conditions which it deems necessary.

I. Administration:

The District is authorized to establish, by Resolution, administrative rules and regulations to implement the retrofitting requirements of this Ordinance.

J. Enforcement:

The remedy specified in Section 1 D above, is not the exclusive remedy for violation of this Ordinance and shall not bar the District's use of any other remedy provided for in Title 1 of the District Code or by law. Enforcement remedies are cumulative and may be pursued alternatively or consecutively by the District.

SECTION 2. Incorporation Into District Code

The General Manager is authorized to incorporate this Ordinance into the District Code by changing Section and Subsection numbers and headings contained in Section 1 above.

SECTION 3: Severability

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, ineffective or in any manner in conflict with the laws of the United States, or the State of California, such decision shall not affect the validity of the remaining portions of this Ordinance. The Governing Board of the District hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsection, sentence, clause or phrase be declared unconstitutional, ineffective, or in any manner in conflict with the laws of the United States or the State of California.

SECTION 4. Effect of headings in Ordinance

Title, division, part, chapter, article, and section headings contained herein do not in any manner affect the scope, meaning, or intent of the provisions of this Ordinance.

SECTION 5. California Environmental Quality Act (CEQA)

The Board of Directors of the District finds that the Retrofit Program adopted by this Ordinance falls within the activities described in Public Resource Code §21065 and §15378 of the California Environmental Quality Act (CEQA) Guidelines which are deemed not to be "projects" for the purposes of CEQA because it can be seen with certainty that retrofitting toilets will not have the potential for resulting either in a direct physical change in the environment or a reasonable, foreseeable indirect change in the environment. Additionally, the Board of Directors finds that the Retrofit Program is categorically exempt from CEQA considerations pursuant to CEQA Guideline §15302 which exempts replacement projects that will be relocated on the same site as the structure (in this case, toilet fixtures) replaced and will have substantially the same purpose and capacity as the structure replaced.

SECTION 6: Inconsistency

To the extent that the terms of provision of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior District Ordinance(s), Motions, Resolutions, Rules, or Regulations or any County Ordinance(s), Motions, Resolutions, Rules, or Regulations adopted by the District, governing the same subject matter thereof, then such inconsistent and conflicting provisions of prior Ordinances, Motions, Resolutions, Rules, and Regulations are hereby repealed.

SECTION 7. Effective Date

This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. Before the expiration of the fifteenth day after passage it shall be:

A. Posted in three (3) public places with the names of the members of the Board of Directors voting for and against the Ordinance and shall remain posted thereafter for at least one (1) week; and

B. Published once with the names of the members of the Board of Directors voting for and against the Ordinance in a newspaper of general circulation within the District.

Introduced at a regular meeting of the District Board of Directors held on ________________, 2004, and passed and adopted by the District Board of Directors on the ___ day of _________________, 2004, by the following roll call vote, to wit:

AYES:
NOES:
ABSENT:
ABSTAIN:

For more information about the Toilet Retrofit or Water Conservation Programs: Call (805) 528-9439