BOARD OF DIRECTORS

LAKE COUNTY SANITATION DISTRICT

ORDINANCE NO. 2940

AN URGENCY MEASURE ADOPTING AN INTERIM ORDINANCE EXTENDING THE TEMPORARY RESTRICTIONS UPON CONNECTIONS TO THE SOUTHEAST

REGIONAL WASTEWATER SYSTEM

WHEREAS, on March 2, 2010, the Lake County Board of Directors adopted Interim Ordinance No. 2918 establishing temporary restrictions upon connections to the Southeast Regional Wastewater System for a period of forty-five days; and

WHEREAS, on April 6, 2010, the Board of Directors extended the Interim Ordinance for a period of ten months and fifteen days; and

WHEREAS, California Government Code Section 65858 allows for one further extension of said Interim Ordinance for a one-year period; and

WHEREAS, this Board of Directors finds that a further extension is necessary due to the current threat to the public health, safety, and welfare should the Southeast Regional Wastewater System be burdened by additional users the existing infrastructure cannot support.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE LAKE COUNTY SANITATION DISTRICT, COUNTY OF LAKE. STATE OF CALIFORNIA, ORDAINS AS FOLLOWS:

SECTION 1: The Board of Directors adopts this ordinance to address serious inflow problems in the Southeast Regional Water System (hereinafter, the “System”). The Board finds that compelling facts necessitate the adoption of this Ordinance which are as follows:

1. Certain emergency actions have been taken to address the temporary needs associated with maintaining the System in the form of a comprehensive smoke testing analysis to determine and repair leakage in the system and in the form of the installation of a temporary pump station and pipeline to maintain existing flows.

2. Said actions have made significant contributions to maintaining service levels for existing users and have minimized the likelihood of sewer spills. However, the urgency measure establishing restrictions upon connections to the System was predicated upon not only the need for temporary corrections but also the need for permanent infrastructure improvements.

3. While the temporary corrections will maintain the existing users for a very limited time, only permanent infrastructure improvements will adequately protect the public from the ongoing threat to their health, safety, and welfare caused by sewage leaks and spillage. Further, until such permanent infrastructure improvements can be implemented, there remains an immediate risk of harm to the health, safety, and welfare of the public should new connections be allowed because the existing System will not withstand the demand created by the unmitigated impacts of additional users.

4. In order to protect the public from sewer leaks and spills, restrictions upon connections to the System must be maintained.

SECTION 2: Pursuant to Section 65858 of the Government Code, no applications to connect to the Southeast Regional Wastewater System within those portions of LACOSAN Assessment Districts 1-1, 1-3, 1-4, and 1-6, as more particularly illustrated in Appendix “A” herein, shall be approved while this Ordinance is in effect, with the following exceptions:

a. There are mitigation measures to which the applicant shall agree which have been determined by the LACOSAN Administrator to prevent or reasonably reduce negative impacts to the System and the Board of Directors formally approves the System connection(s) subject to said measures.

SECTION 3: This ordinance is an urgency ordinance for the immediate preservation of the public peace, health, and safety and shall take effect immediately in accordance with Section 25123 of the Government Code of the State of California. The facts constituting such urgency are as set forth in Section 1 herein.

SECTION 4: It can be seen with certainty that there is no possibility that this interim ordinance may have a significant effect on the environment.

SECTION 5: All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further.

SECTION 6: Before the expiration of fifteen days after its passage, it shall be published at least once in a newspaper of general circulation printed and published in the County of Lake. Furthermore, this Ordinance shall be of no further force and effect one year after its adoption.

The foregoing ordinance was introduced before the Board of Directors on the 15th day of February, 2011; and passed by the following vote on the 15th day of February, 2011:

AYES: Directors Rushing, Farrington, Brown and Comstock

NOES: Director Smith

ABSENT OR NOT VOTING: None

COUNTY OF LAKE

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Chair, Board of Directors

ATTEST: KELLY F. COX

Clerk of the Board of Supervisors

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APPROVED AS TO FORM:

ANITA L. GRANT

County Counsel

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