2005 California Water Code Sections 31100-31106 Article 6. Sewer Facilities

WATER CODE
SECTION 31100-31106

31100.   A district may acquire, construct, and operate facilities
for the collection, treatment and disposal of sewage, waste and storm
water of the district and its inhabitants and may contract with any
public agency including but not limited to sanitation districts for
sewer outfall facilities.  A district also may acquire, construct,
and operate facilities for the collection, treatment and disposal of
sewage, waste and storm water of inhabitants outside its boundaries;
provided that it shall not furnish any such service to the
inhabitants of any other public agency without the consent of such
other public agency expressed by resolution or ordinance.  The term
"public agency" as used in this section, shall include a city,
county, city and county, public district, municipal or public
corporation, state agency or other political subdivision of the
state, but shall not include a public utility subject to the
jurisdiction, control and regulation of the Public Utilities
Commission under the provisions of Divisions 5 (commencing with
Section 10001) and 6 (commencing with Section 11501) of the Public
Utilities Code.
31101.  The district may prescribe, revise and collect rates or
other charges for the services and facilities furnished pursuant to
this article.
31101.5.  A district may supply sewage and waste services to
property not subject to district taxes at special rates, terms, and
conditions as are determined by the board for the services.
31102.  The district may provide that such rates or other charges
may be collected with the water rates of the district and that all
rates shall be billed upon the same bill and collected as one item,
and that in the event of failure to pay the whole or any part
thereof, the district may discontinue any and all service for which
such bill is rendered, but this provision shall not be construed to
prohibit the collection of rates or charges by the district in any
other lawful manner.
31103.  Upon providing a sewer system in any area of the district
the district may declare the further maintenance or use of cesspools
or other local means of sewage disposal in such area to be a public
nuisance and may require all buildings used by human beings to be
connected with the sewer system within such period not less than
ninety days from the completion of the sewer system as may be
prescribed by the district; provided, that such buildings to be
connected are within one hundred feet of the system.
31104.  A district may fix, levy and collect a sewage and waste
service standby or availability charge in any of the alternate
methods and in the same manner and under the same terms and
conditions as are provided for a water standby or availability charge
in Sections 31031, 31032 and 31032.1 to 31032.9, inclusive.
31104.5.  In lieu of the standby or availability charge authorized
to be levied and collected pursuant to Section 31104, the Crescenta
Valley County Water District, by an ordinance approved by a
two-thirds vote of the members of the legislative body thereof, may
fix, levy, and collect a sewage and waste service standby or
availability charge not to exceed sixty dollars ($60) per available
sewer connection per year in any of the alternate methods and in the
same manner and under the same terms and conditions as are provided
for a water standby or availability charge in Sections 31031, 31032,
and 31032.1 to 31032.9, inclusive.
31104.6.  Notwithstanding Sections 31031 and 31032.1, in the
Coachella Valley  Water District, the sewage and waste service
standby or availability charge shall not exceed thirty dollars ($30)
per acre per year for land on which the charge is levied or thirty
dollars ($30) per year for a parcel less than one acre.
   This section, applicable only to the Coachella Valley Water
District, is necessary because of the unique and special sewage and
waste water management and financing problems in the area included
within the district.
31104.7.  Notwithstanding any other provision of this division, the
Tuolumne Regional Water District, by a four-fifths vote of the
members of the board of directors, may fix, levy, and collect a
sewage and waste service standby or availability charge of not more
than thirty dollars ($30) per acre per year for each acre of land, or
thirty dollars ($30) per year for each parcel of land less than an
acre, to which sewer service is made available by the district, by
using any of the alternate methods and in the same manner and under
the same terms and conditions as are provided in Sections 31031 and
31032 and Sections 31032.1 to 31032.9, inclusive.
31104.8.  (a) Notwithstanding any other provision of this division,
the Santa Ana Mountains County Water District may fix, in each fiscal
year, within Community Facilities District No. 2 of the district,
sewage and waste service standby or availability assessments of not
more than two hundred fifty dollars ($250) per year for each acre or
portion thereof to which sewage and waste service is immediately
available.  The Board of Directors of the Santa Ana Mountains County
Water District may establish schedules varying the assessment
according to the land uses and the degree of availability or quantity
of use of the sewer capacity to the affected lands.
   (b) The Santa Ana Mountains County Water District may elect to
have the assessments authorized by subdivision (a) for the fiscal
year collected on the tax roll in the same manner, by the same
persons, and at the same time, as, and together with and not
separately from, county taxes.  In that event, the district shall
prepare a written report which shall be filed with the secretary.
The report shall contain a description of each parcel of real
property and the amount of the assessment for each parcel for the
year.
   (c) The sewage and waste service standby or availability
assessment authorized by this section shall not be imposed on any
subdivided parcel upon which there exists a residential unit which
has been connected to domestic sewer facilities of the Santa Ana
Mountains County Water District.
   (d) The procedures set forth in Sections 31032.2 to 31032.9,
inclusive, apply to any assessments imposed pursuant to subdivision
(a).
31105.  (a) A district may adopt ordinances relating to the
provision of services and facilities pursuant to this article and the
regulation of those services and facilities.  Every such ordinance
shall be in full force and effect immediately upon adoption, but
shall be published once in full in a newspaper of general
circulation, printed, published and circulated in the district within
10 days after adoption,  or if there be no such newspaper it shall
be posted within 10 days after adoption in three public places within
the district.
   (b) The publication of ordinances, as required by subdivision (a),
may be satisfied by either of the following actions:
   (1) The district may publish a summary of a proposed ordinance or
proposed amendment to an existing ordinance.  The summary shall be
prepared by an official designated by the board.  A summary shall be
published and a certified copy of the full text of the proposed
ordinance or proposed amendment shall be posted in the office of the
board at least five days prior to the board meeting at which the
proposed ordinance or amendment or alteration thereto is to be
adopted.  Within 15 days after adoption of the ordinance or
amendment, the board shall publish a summary of the ordinance or
amendment with the names of those directors voting for and against
the ordinance or amendment and the official shall post in the office
of the board  a certified copy of the full text of the adopted
ordinance or amendment along with the names of those directors voting
for and against the ordinance or amendment.
   (2) If the official designated by the board determines that it is
not feasible to prepare a fair and adequate summary of the proposed
or adopted ordinance or amendment, and if the board so orders, a
display advertisement of at least one-quarter of a page in a
newspaper of general circulation in the county shall be published at
least five days prior to the board meeting at which the proposed
ordinance or amendment or alteration thereto is to be adopted.
Within 15 days after adoption of the ordinance or amendment, a
display advertisement of at least one-quarter of a page shall be
published.  The advertisement shall indicate the general nature of,
and provide information about, the proposed or adopted ordinance or
amendment, including information sufficient to enable the public to
obtain copies of the complete text of the ordinance or amendment, and
the names of those directors voting for and against the ordinance or
amendment.
31106.  From and after the posting or publication of any ordinance
as provided in Section 31105 above, it shall be a misdemeanor for any
person to violate any ordinance of the district adopted pursuant to
Section 31105.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.