2026-08-12 Item 01 Special Meeting Sewer Code Update Workshop — Encinitas City Council, August 12, 2026

AGENDA REPORT
City Council

MEETING
DATE:

August 12, 2026

PREPARED
BY:

Ashlee Stratakis
Finance Manager

DEPARTMENT
DIRECTOR:

Isam Hireish
DEPARTMENT: Utilities
CITY
MANAGER: Jennifer Campbell
SUBJECT:

Public Workshop to Present Proposed Amendments to the Encinitas Municipal Code Title 18 Sanitary Sewer
RECOMMENDED ACTION:

Staff recommend that the City Council:

1. Receive updates; and

2. Provide feedback to staff for the introduction of the ordinance amending the City’s Sewer Code.

ENVIRONMENTAL CONSIDERATIONS:

The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.

This item does not relate to the Climate Action Plan.

GENERAL PLAN/CITY COUNCIL FOCUS AREAS:

This item relates to the following Focus Area of the City’s 2025-2026 Work Plan: Effective and reliable City services, infrastructure, and communications. This item ensures City law adheres to current State and Federal regulations and supports the policies and procedures necessary for administration of the City’s Wastewater Collection program. 2026-08-12 Item #01 Special Meeting Page 1 of 169
FISCAL CONSIDERATIONS:

There is no fiscal impact associated with this item.

BACKGROUND:

City Council adopts various rules and regulations through ordinances or resolutions to reflect best practices and changes in applicable law. These rules and regulations are contained in the City’s Municipal Code (EMC). Under the Utilities Department, the Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) are administered according to EMC Title 18 Sanitary Sewer (Sewer Code) (Attachment 1).

Significant changes to the Sewer Code were last adopted on April 10, 2002, when the Cardiff Sanitation District was dissolved and absorbed by the City (Attachment 2). Since then, only a few minor updates have been made in the last two years, aside from nominal changes. Consequently, a comprehensive review of the Sewer Code was performed to identify areas that were inconsistent with current practice, procedure, language, and/or law, and to prescribe revisions to address these issues. Concluding the review, staff determined substantial revisions and reorganization of the Sewer Code to be necessary.

ANALYSIS:

Staff recommends reorganizing and updating the Sewer Code as reflected in Attachment 3 to comply with current regulations, add more comprehensive language where applicable, and address the needs of the City’s Sewer Program. The changes are tracked in Attachment 4 with a list of notable high-level changes briefly described below. A more detailed list can be found in Attachment 5.

To improve management and regulation of the City’s sewer program, staff recommend the following updates:
• Reorganization of chapters and sections to improve order of information • Updated positions of authority to City Engineer and Director of Utilities (in some instances) • Added language to address violation, penalties, and due process • Division of Ch. 18.08 into 18.08 and 18.10 to more clearly explain sewer charges and capacity fees
• To comply with State law, added language to include an additional step required for setting up reimbursement agreements to Ch. 18.12. Also, deleted list of agreements (most are expired)
• New language in Ch. 18.16 to align with and support the City’s Engineering Design Manual • Added language on potential conditions for the issuance of an industrial wastewater permit based on the requirements of the City’s partner agencies.

Staff worked with attorneys at Jones Mayer and CHW law firms to ensure compliance with current law, rules, and regulations.

Staff recommend City Council review the changes and provide input before the updated code is introduced by ordinance, currently scheduled for September 16, 2026. 2026-08-12 Item #01 Special Meeting Page 2 of 169
Note, the tracked changes in Attachment 4 should be interpreted as follows:
• Struck out red text (crossed out red text): Deleted language • Underlined blue text: Added language
• Double underlined green text: Existing language moved from another section • Double struck out green text: Existing language moved to another section • In some instances, existing language may appear deleted and added rather than moved due to added revisions.

ATTACHMENTS:

1. Original Sanitary Sewer Title 18

2. April 10, 2002 AR and 2002-05 Ordinance

3. Proposed Sanitary Sewer Title 18

4. Original Sanitary Sewer Title 18 with Tracked Changes

5. List of Significant Changes to Title 18
2026-08-12 Item #01 Special Meeting Page 3 of 169
City of Encinitas, CA
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 Title 18

SANITARY SEWER
Chapter 18.01

GENERAL PROVISIONS
§ 18.01.010. Purpose.
§ 18.01.020. Severability.
§ 18.01.030. Definitions.
§ 18.01.040. Grammatical Interpretation.

Chapter 18.04

GENERAL SEWER REGULATIONS
§ 18.04.010. Title.
§ 18.04.020. Purpose of Rules and
Regulations.
§ 18.04.030. Sewer System.
§ 18.04.040. Sewer Service and
Connection Conditions.
§ 18.04.050. Tampering with City
Property.
§ 18.04.060. Damage to City Sewers.
§ 18.04.070. Right to Inspect and Enter
Private Property for Work
within Sewer Easements.
§ 18.04.080. Unlawful to Make Sewer
Connection without
Payment of Fee.
§ 18.04.090. Enforcement Measures in
Case of Delinquency.
§ 18.04.100. Maintenance of Sewer
Lateral.
§ 18.04.110. Restrictions Relating to Use
of Public Sewers.
§ 18.04.120. Pumping Interceptors/
Grease Traps.
§ 18.04.130. Surcharge.
§ 18.04.140. Self-Regenerating or
Automatic Water Softeners
Prohibited.
§ 18.04.150. Septic Tanks.
§ 18.04.160. Violation—Penalty.

Chapter 18.08

SEWER CONNECTION FEES AND

SEWER SERVICE CHARGES
§ 18.08.010. Application for Sewer
Connections and/or Monthly
Sewer Service—Applicant
Responsibilities.
§ 18.08.020. Sewer Connection/Capacity
Fees.
§ 18.08.025. Equivalent Dwelling Unit
Determination.
§ 18.08.030. Sewer Service Charges.
§ 18.08.040. Sewer Service Outside City
Limits.
§ 18.08.050. Refunds, Back Charges, and
Changes in Use Resulting in
Different Rates, Sewer
Service Charges and/or
Connection/Capacity Fees.
§ 18.08.060. Exceptions.
§ 18.08.070. Adjustment of Sewer Service
Charges Authority.
§ 18.08.080. Calculation of Annual Sewer
Service Charge.
§ 18.08.090. Challenge of Sewer Service
Charge Determination.
§ 18.08.100. Submeters.

Chapter 18.12

SEWER CONSTRUCTION

ENCINITAS CODE
§ 18.12.120. Philip Boczanowski
Reimbursement Connection
Fee.
§ 18.12.121. Raymond and Lilly Bosch
and Mike and Katie Colton
Reimbursement Connection
Fee.
§ 18.12.122. Gary Bukamier
Reimbursement Connection
Fee.
§ 18.12.140. Reimbursement
Fee—Cardiff Sanitary
Division.
§ 18.12.160. DuVivier Company
Reimbursement Connection
Fee.
§ 18.12.180. (Reserved: E).
§ 18.12.200. (Reserved: F).
§ 18.12.220. (Reserved: G).
§ 18.12.240. Stephen and Karen
Hoffman Reimbursement
Connection Fee.
§ 18.12.241. Reimbursement
Fee—Stephen and Karen
Hoffman.
§ 18.12.260. (Reserved: I).
§ 18.12.280. (Reserved: J).
§ 18.12.300. (Reserved: K).
§ 18.12.320. Reimbursement Fee—Lang,
London, Machain, Saraspe,
and Shipman.
§ 18.12.340. Michael J. Mahon
Reimbursement Connection
Fee.
§ 18.12.341. C. Samuel and Anne
Marasco Reimbursement
Connection Fee.
§ 18.12.360. (Reserved: N).
§ 18.12.380. Patrick O'Connor
Reimbursement Connection
Fee.
§ 18.12.381. Olivenhain Sewer Joint
Venture (John Cover)
Reimbursement Connection
Fee.
§ 18.12.400. (Reserved: P).
§ 18.12.420. (Reserved: Q).
§ 18.12.440. Michael Riley et al
Reimbursement Connection
Fee.
§ 18.12.460. Schibler and Tracy
Reimbursement Fee.
§ 18.12.461. Reimbursement
Fee—Sinnett.
§ 18.12.470. Reimbursement Fee —
Tavares.
§ 18.12.480. Paul Trester et al (9th Street
Extension) Reimbursement
Connection Fee.
§ 18.12.500. (Reserved: U).
§ 18.12.520. (Reserved: V).
§ 18.12.540. Ray Wakeham et al
Reimbursement Connection
Fee.
§ 18.12.541. Reimbursement Fee—Bruce
Wiegand et al.
§ 18.12.542. Reimbursement
Fee—Walker and Harrison.
§ 18.12.560. (Reserved: X).
§ 18.12.580. (Reserved: Y).
§ 18.12.600. Reimbursement
Fee—Zimdars et al.

Chapter 18.16

SEWER CONSTRUCTION

REQUIREMENTS
§ 18.16.010. Purpose.
§ 18.16.020. Sewer Utility Holes Must be
Accessible by City
Maintenance Vehicles.
§ 18.16.030. Installation of Sewer Lateral
Connections from Main to
the Property Lines are
Required for Unconnected
Properties When a Sewer
Main is Constructed.
§ 18.16.040. Cost of Sewer Lateral
Construction.
§ 18.16.050. Separate Sewer Laterals.
§ 18.16.060. Privately Owned Sewer
Pumps.
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City of Encinitas, CA
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SANITARY SEWER
§ 18.16.070. No Surface Water
Connection Allowed to the
Sewer System.
§ 18.16.080. Excavations to be Properly
Barricaded and Noticed.
§ 18.16.090. Sewer Utility Easements.
§ 18.16.100. Inspection.
§ 18.16.110. Responsibility for Damages
to Sewers or Streets by
Person Doing Work.
§ 18.16.120. Sewer Construction Permits.
§ 18.16.125. Requirements and
Standards—City Engineer
Authorization.
§ 18.16.130. Sewer Lateral Cleanout
Covers Required.

Chapter 18.20

COST RECOVERY FOR PROTECTIVE

SEWER SERVICES
§ 18.20.010. Purpose.
§ 18.20.020. Sewage Spills are Unlawful.
§ 18.20.030. Reimbursements Required.
§ 18.20.040. Report.
§ 18.20.050. Notice to Responsible Party.
§ 18.20.060. Action by City Council.

Chapter 18.24

INDUSTRIAL WASTEWATER

PRETREATMENT
§ 18.24.010. Title.
§ 18.24.020. Purpose.
§ 18.24.030. Scope.
§ 18.24.040. Adherence to Pretreatment
Ordinance of Encina
Wastewater Authority.
§ 18.24.045. Adherence to Pretreatment
Sections of the Encinitas
Municipal Code.
§ 18.24.050. Industrial Wastewater
Discharge Permit Required.
§ 18.24.060. Issuance of Industrial
Wastewater Discharge
Permit.
§ 18.24.070. Fees for Industrial
Wastewater Discharge
Permits.
§ 18.24.080. Pretreatment Plans
Required.
§ 18.24.090. Access for Monitoring.
§ 18.24.100. Self-Monitoring and
Reporting.
§ 18.24.110. Public Access to
Information.
§ 18.24.120. Revisions to Permits.
§ 18.24.130. Permit Expiration,
Transference, Revocation or
Suspension.
§ 18.24.140. Violation—Disconnection of
Facilities—Reconnection
Charge.
§ 18.24.150. Notice of Intention to
Disconnect Premises.
§ 18.24.160. Enforcement.
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City of Encinitas, CA
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.01.010 SANITARY SEWER § 18.01.030
CHAPTER 18.01

GENERAL PROVISIONS
§ 18.01.010. Purpose.

It is the purpose of this title to establish procedures and regulations for the use and protection of the City's sanitary sewer system.
(Ord. 95-16)
§ 18.01.020. Severability.

If any provision of this title or the application thereof to any person or circumstance is held invalid, the remaining portions of the title and the application of such provisions to other persons or circumstances are to be considered valid.
§ 18.01.030. Definitions.

For the purposes of this title, the words set out in this section shall have the following meanings:
"Applicant" means any person or group of persons who applies for sewer services. "Cost" means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.
"Customer" means any person, firm, association, corporation or government agency served or entitled to be served sewer service by the City for compensation. "Developer" means any person or group of persons, including contractors, corporations or public entities, who request to extend or connect to the sewer system. "District." Any reference to the "Cardiff Sanitation District" by that name or any other reference within this Code shall mean the City of Encinitas.
"Equivalent dwelling unit (EDU)" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality.
"Extension" means an extension of an existing sewer main. "Fiscal year" means the period from July 1st to June 30th, both inclusive. "Garbage" means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food.
"Grease" means any material which is extractable from an acidified sample of water by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils.
"Grease interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater.
"Industrial waste" means solid, liquid, or gaseous substances discharged or flowing from an industrial, manufacturing, or commercial premises resulting from manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature. "Industrial wastewater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all wastewater from any 2026-08-12 Item #01 Special Meeting Page 7 of 169
City of Encinitas, CA
§ 18.01.030 SANITARY SEWER § 18.01.030
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These may also include wastes of human origin similar to domestic wastewater. "Interceptor line" refers to a large sewer line to which many trunk lines are connected and which serves the primary purpose of transporting sewage from trunk lines to the disposal. "Main" or "sewer main" is a sewer pipeline in the sanitary sewer system of the City. Individual service laterals discharge sewage into sewer mains which convey the sewage toward trunk lines and interceptor lines and ultimately to the disposal.
"Maximum charge" refers to the maximum amount residential accounts can be charged for annual sewer service. This amount is based on indoor water usage for a household of six persons. "Median annual water usage" means the annual water use at which exactly half the customers in the classification are under the amount and half the customers are above the amount. "Minimum charge" refers to the minimum amount residential accounts can be charged for annual sewer service. This charge covers the fixed costs incurred by the City in providing sewer service to a customer, regardless of the amount of water usage. "Multifamily residential" means the residential classification with more than one living unit served by a single water meter, and shall include all residential accounts other than single-family residential.
"Nonresidential" means the classification which includes all accounts other than single-family residential and multifamily residential customers.
"Owner" or "property owner" means the person owning the fee, the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claims of, or exercising acts of ownership over same for him or herself, or as executor, administrator, guardian or trustee of owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under government lease or license of real property.
"Person" means any individual, property owner, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context. "pH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity.
"Premises" means any lot, piece or parcel of land, building or establishment. "Pretreatment" or "treatment" is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing to the sewer system. "Return to sewer" is the percentage of metered water usage, measured in hundred cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This percentage excludes storm, surface, and groundwaters not intentionally admitted into the sewer system. "Regular sewer service" means the sewer service and facilities rendered for normal domestic and industrial or commercial purposes on a permanent basis and the sewer system available therefor. "S.S." means suspended solids, a measure of the strength of wastewater. 2026-08-12 Item #01 Special Meeting Page 8 of 169
City of Encinitas, CA
§ 18.01.030 ENCINITAS CODE § 18.01.030
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 "Sanitary sewer or sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
"Self-regenerating or automatic water softener" is a water softener unit which is a water conditioning apparatus such as zeolite and resinous ion-exchange softeners or dimineralizers or other like devices which require the periodic discharge of brine solutions in their operation. "Sewage" means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems. "Sewer, building or house" means that portion of a pipe or conduit carrying sanitary sewage and/ or industrial wastes from a building to the public sanitary sewer or a common sewer. "Sewer lateral or service lateral" means the service pipes extending from the private property line to the public sanitary sewer main in a public street, alley or easement. It is the connection of any domestic, commercial or industrial sanitary sewer lines to the City's system after the payment of established fees and charges and City approval.
"Sewer, private" refers to a privately owned sanitary sewer which is not directly controlled by the City.
"Sewer, public" refers to the sanitary sewer system under the jurisdiction of the City and the sewage treatment plant where the sewage will be processed. "Sewer system" means the sanitary sewer system of the City. Includes all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of sewage.
"Single-family residential" means the residential classification where one living unit is served by one water meter, with the exception that where two or more living units are attached they are treated as multifamily residential regardless of the number of water meters. "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration of flows during normal operation. "Standard methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, and Water Pollution Control Federation.
"Subclassification" refers to the individual uses arranged under the classification. "Sub-meter" means a device used in addition to a water utility meter maintained by the San Dieguito Water District or Olivenhain Municipal Water District to measure the water usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor water usage. "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods. "Trunk line" means a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage from sewer mains to the disposal. "Utility hole" is an access to underground utilities. It is also referred to as a manhole. "Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
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City of Encinitas, CA
§ 18.01.030 SANITARY SEWER § 18.01.040
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§ 18.01.040. Grammatical Interpretation.

For the purpose of this title:

A. All words used in the present tense shall include the future; B. All words in the masculine gender shall include the feminine; C. The word "shall" is mandatory and "may" is permissive; D. All words in the plural number shall include the singular number; and E. All words in the singular number shall include the plural number. 2026-08-12 Item #01 Special Meeting Page 10 of 169
City of Encinitas, CA
§ 18.04.010 SANITARY SEWER § 18.04.070
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 CHAPTER 18.04

GENERAL SEWER REGULATIONS
§ 18.04.010. Title.

This chapter shall be known as the "City of Encinitas Sewer Regulations Ordinance." (Ord. 95-16)
§ 18.04.020. Purpose of Rules and Regulations.

The purpose of these rules and regulations is to set forth the terms and conditions under which the City will authorize connections and provide sewer service to customers. § 18.04.030. Sewer System.

The City will furnish a system, works and infrastructure used for and useful for collection of domestic and industrial sanitary sewage, including all parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract rights, franchises, and other sewage collection facilities and equipment.
§ 18.04.040. Sewer Service and Connection Conditions.

All applicants for sewer service or sewer connections shall be required to accept such conditions of connection and service as may be provided by the City. The construction, installation, or repair of sewer service laterals and house sewers and connections to the sewer main and sewer system shall be completed in accordance with all existing laws, ordinances, and rules of the City, County of San Diego, and the State of California or any department thereof. The type of sewage discharged into the sewer system shall meet the requirements and restrictions of the Encina Wastewater Authority or the San Elijo Joint Powers Authority as applicable. (Ord. 2002-05)
§ 18.04.050. Tampering with City Property.

No one except an employee or representative of the City shall at any time in any manner operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interfere with sewer lines or other parts of the sewer system. § 18.04.060. Damage to City Sewers.

No person shall willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the City's sewer system. Any person who willfully or negligently damages any City sewer or facility thereto is liable for the cost of repair, including the cost of replacement thereof.
§ 18.04.070. Right to Inspect and Enter Private Property for Work within Sewer Easements.

With the permission of the property owner, the officers, employees and agents of the City bearing proper credentials and identification shall have the right to enter upon any premises within the City to inspect and determine if this title is being complied with, and for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, replacement and 2026-08-12 Item #01 Special Meeting Page 11 of 169
City of Encinitas, CA
§ 18.04.070 SANITARY SEWER § 18.04.100
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 maintenance of any portion of the sewer system within any easements on the property. § 18.04.080. Unlawful to Make Sewer Connection without Payment of Fee.

A. No person shall connect to the City's sewer system or sewer main without first submitting an application for sewer connection/capacity and obtaining the approval of the City Engineer authorizing such connection.

1. Approval of the application shall be given if the applicant is able to deliver sewage to points and elevations designated by the City and has paid all related fees and charges.

2. All applicants for new connections must be served within the boundary of the City or within the sphere of influence of the City with a submitted request for annexation into the City through the Local Agency Formation Commission procedure.

B. It is unlawful for any person:

1. To place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first obtaining a permit from the City pursuant to this title, and without having first paid all fees required by this title; or

When any fee or charge imposed by this title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordance with the law:

A. Any steps authorized by law to collect fees and charges; B. Disconnect the premises from the City's sewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States mail with return receipt, or by posting such notice on the premises; the occupant will be given the opportunity for informal hearing with the City Manager prior to disconnection, and if requested, within five days thereafter appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to occupant will be furnished to the regional office of the County Health Department. When a premises has been disconnected, it shall not be reconnected until all delinquent fees and charges have been paid, together with a charge for such disconnection and reconnection, as established by resolution of the City Council. (Ord. 2017-07)
§ 18.04.100. Maintenance of Sewer Lateral.

A. The property owner serviced by a sewer lateral shall be responsible for cleaning, maintaining and repairing the sewer lateral between the sewer main and the lateral connection to the structure.

B. The property owner shall do such work at the property owner's sole expense and only after the required permits have been issued.
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City of Encinitas, CA
§ 18.04.100 ENCINITAS CODE § 18.04.110
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§ 18.04.110. Restrictions Relating to Use of Public Sewers.

A. No person shall discharge or cause to be discharged any stormwater, surface water groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission from the City Engineer in conformance with adopted regulations.

B. No person shall enter, obstruct, uncover, or tamper with any portion of the public sewer, or connect to it, or dispose septic tank/cesspool wastes, or dispose of anything into any sewer and/or sewer utility hole without the written permission of the City Engineer.

C. No person shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer as follows:

1. The person shall notify the City Engineer prior to commencing work;

2. The person shall ensure that all openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight; and

3. The person shall ensure that the work is inspected by the City Engineer or his/her representative before being backfilled.

D. No person shall fill or backfill over, or cause to cover, or obstruct access to, any sewer utility hole.

E. No person shall erect any improvements, structures, or buildings over public sewers or sewer easements without the written permission of the City Engineer.

F. Except as hereinafter provided in this section, no person shall discharge or cause to be discharged any of the following described substances, waters or wastes into any public sewer:

1. Liquid or vapor having a temperature higher than 140 degrees Fahrenheit;

2. Water or waste which may contain more than 200 mg/l for inorganic or 400 mg/l of organic concentration of fats oils, grease, or waxes, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit;

3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance;

5. Paints, or waste products from paint manufacture;

6. Garbage that has not been properly shredded to a size of one-fourth inch or less so 2026-08-12 Item #01 Special Meeting Page 13 of 169
City of Encinitas, CA
§ 18.04.110 SANITARY SEWER § 18.04.120
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7. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction to the flow in or damage to sewers or other interference with the proper operation of the sewerage works;

8. Water or wastes having a pH lower than 5.5 or higher than 11.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works;

9. Water or wastes containing any substance in sufficient quantity to discolor, injure, disrupt or interfere with the normal operation of any sewage treatment process, constitute a hazard to human or animal life, create a public nuisance, or significantly lower the quality of the receiving waters;

10. Water or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

11. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Section 18.01.020;

12. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City Engineer in compliance with the applicable state or federal regulations;

13. Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or

14. Water or wastes containing substances which are not amenable to treatment or reduction by the treatment processes normally employed. § 18.04.120. Pumping Interceptors/Grease Traps.

A. No person shall discharge or cause to be discharged any fats, greases, and waxes to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand interceptors shall be installed when deemed necessary by the City Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the City Engineer and shall be located as to be readily accessible for cleaning and inspection.

B. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which when bolted in place shall be gastight and watertight.
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§ 18.04.120 ENCINITAS CODE § 18.04.160
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 C. All grease, oil, and sand interceptors shall be maintained in continuously efficient operation at all times by the owner at his or her expense. In the maintaining of these interceptors, the owner shall be responsible for the costs and the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the City Engineer. (Ord. 2017-07)
§ 18.04.130. Surcharge.

A. It is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regenerating water softener unit, the operation of which may result in the discharge of saline waste into the sewerage facilities, or the discharge of such wastes that might pollute any surface or underground stream, watercourse, lake or body of water, including any underground, natural or artificial storage reservoir, or which might impair or contribute to the impairment of the usefulness of such waters for human or animal consumption, or domestic, agricultural, industrial, or recreational purposes or for any other useful purpose.

See Municipal Code Section 11.04.020, subsections N and O. § 18.04.160. Violation—Penalty.

For the failure to comply with all or any part of this title, any ordinance, resolution or order of the City pertaining to the delivery of public sewer services, in addition to any other penalty or remedy provide by law, the City may discontinue sewer service in accordance with an order of court. Any person violating any of the provisions of this title is liable to the City for any expense, loss or damage, and for any increase in the cost of maintenance or repair, occasioned by the City as a result of such violation.
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§ 18.08.010 SANITARY SEWER § 18.08.025
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SEWER CONNECTION FEES AND SEWER SERVICE CHARGES
§ 18.08.010. Application for Sewer Connections and/or Monthly Sewer Service—Applicant Responsibilities.

A. Applications. Applications for sewer connections and/or sewer service shall be submitted at the Public Works Department counter at the Civic Center on prescribed forms provided by the City.

B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant's willingness and intention to comply with all ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations.
(Ord. 97-04; Ord. 2014-12)
§ 18.08.020. Sewer Connection/Capacity Fees.

A. The sewer connection/capacity fee shall be set by ordinance. (See Health and Safety Code Section 5474.)
B. Connection/capacity fees and inspection fees are due and payable at the time of application for a wastewater discharge permit. The number of equivalent dwelling units shall be used to compute the amount of the connection fee.

C. If the proposed connection cannot be made, the fee will be refunded when approved by the City Engineer.
(Ord. 97-04)
§ 18.08.025. Equivalent Dwelling Unit Determination.

A. Residential. The number of equivalent dwelling units (EDUs) assigned to each structure is determined as follows:

Cardiff Sanitary Division Encinitas Sanitary Division

1. Single-family residence 1.0 EDU per each individual
dwelling unit, per lot (includes
manufactured homes, and
mobilehomes which are on
private lots)

1.0 EDU per each individual
dwelling unit, per lot (includes
manufactured homes, and
mobilehomes which are on
private lots)

2. Multi-family (including all
residential condominiums,
apartments)

0.6 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot

0.7 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot

3. Accessory dwelling units 0.6 EDU, regardless of number of bedrooms, per each individual
living unit on the same lot

0.7 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot
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§ 18.08.025 ENCINITAS CODE § 18.08.025
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 Cardiff Sanitary Division Encinitas Sanitary Division

4. Mobile home and trailer parks, per each individual space (Any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to trailer spaces, as per this chapter.)
a. Mobile home 0.5 EDU 0.5 EDU
b. Trailer space 0.5 EDU 0.5 EDU
c. Recreational vehicle park 0.5 EDU (occupied or not) 0.5 EDU (occupied or not) B. Commercial/Industrial/School Facilities.

1. Food service establishments
a. Take-out restaurants with disposable utensils, no dishwasher, and no public restrooms

3.0 EDU
b. Miscellaneous food establishments: ice-cream/yogurt shops, bakeries, or equivalent (sales on premises only)

3.0 EDU
c. Take-out/eat-in restaurants with disposable utensils, but with minimum seating and public restrooms

3.0 EDU
d. Restaurants with re-usable utensils, seating and public minimum restrooms, includes cocktail bars

3.0 EDU
One EDU is assigned for each 6-seat unit as follows: 1-18 seats = 3.0 EDU (minimum) each additional 6-seat unit will be assigned 1.0 EDU. The number of seats will be equal to 80% of the maximum occupant load for the eating area as defined by the current Uniform Building Code.

2. Hotels and motels (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to living units, as per this chapter)
a. Per living unit without kitchen 0.38 EDU
b. Per living unit with kitchen 0.60 EDU

3. Commercial, professional, industrial buildings, to include markets, recreational facilities, full-service laundries/dry cleaners, mortuaries, and all variations thereof, and establishments not specifically listed herein
a. Any office, store, motor-vehicle wash, or industrial condominium or establishment i. First 1,000 square feet 1.2 EDU
ii. Each additional 1,000 square feet or portion thereof 0.7 EDU b. Where occupancy type or usage is unknown at the time of application for service, the following EDUs shall apply. This shall include, but not be limited to, shopping centers, industrial parks, and professional office buildings i. First 1,000 square feet of gross building floor area 1.2 EDU ii. Each additional 1,000 square feet of gross building floor area (portions less than 1,000 square feet will be prorated)

0.7 EDU
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§ 18.08.025 SANITARY SEWER § 18.08.025
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4. Self-service laundry, per washer 1.0 EDU

5. Churches, theaters, and auditoriums per each 150-person seating capacity, or fraction thereof (does not include office spaces, school rooms, day care facilities, food preparations areas, etc.; additional EDUs will be assigned for these supplementary uses)

1.5 EDU

However, where the school has had no attendance during the preceding fiscal year, the City Engineer shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate.

7. Convalescent homes (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to beds/residents, as per this chapter)
a. Skilled nursing care facilities, psychological hospitals, convalescent hospitals; licensed by the Department of Health

0.7 EDU/bed
b. Community care facilities with 16 or more beds licensed by the State Department of Health

0.5 EDU/bed
c. Small community care facilities with 7 to 15 beds licensed by the County Department of Social Services

0.5 EDU/bed
d. Community care homes with six or fewer total residents, including resident staff and housekeepers (to be the same EDU as a single-family residence)

1.0 EDU

8. Automobile service station
a. Four gasoline/diesel/natural gas pumps or less 2.0 EDU b. More than four gasoline/diesel/ natural gas pumps 3.0 EDU c. Each floor drain connected to sewer 0.5 EDU

9. Warehouse or equivalent, per four fixture unit increment 1.0 EDU

10. Other. In the case of commercial, industrial, and other establishments not included in Commercial/Industrial items (1) through (9) inclusive, or when the EDUs specified in items (1) through (9) are not representative of actual flow due to the number of employees or type of operation, the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon the estimated volume and type of wastewater discharge into the sewer.

C. Exceptions. The City Engineer shall exercise their professional judgment and discretion to 2026-08-12 Item #01 Special Meeting Page 18 of 169
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§ 18.08.025 ENCINITAS CODE § 18.08.050
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 determine and assign EDUs for wastewater discharge permits, or modifications thereto, to assess the sewer connection/capacity fee for structures, and/or uses, and/or combinations thereof not otherwise specified in Section 18.08.025.
(Ord. 97-11; Ord. 98-10; Ord. 2024-07, 5/22/2024; Ord. 2025-02, 2/19/2025) § 18.08.030. Sewer Service Charges.

A. The sewer service charges shall be set by ordinance. (See Health and Safety Code Section 5471.)
B. A sewer service charge is levied and charged upon each premises which discharges sewage that ultimately passes through the City's sewer system.

C. The property owner of record shall be responsible for payment of the sewer service charge.

Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City.

D. Sewer service charges may be collected either through the tax roll of the County of San Diego, on the property's water bill, or by issuing a manual bill for payment. The method utilized is determined by the Public Works Director or designee.

E. Payment of sewer service charges for new connections are paid for at the time the wastewater discharge permit is issued. If the permit is for an existing building the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued.

If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges. This prorated amount shall be paid at the time the wastewater discharge permit is issued.

F. Provided, however, in the case of other businesses and establishments that have unusual character insofar as sewage is concerned, the rate shall be established in each case by the City Manager or designee. The rate so established shall be fixed in consideration of the estimated or actual volume of flow and suspended solids (ss) and/or biological oxygen demand (BOD) content from such.

G. The annual sewer service charges for all properties discharging sewage that passes through the City's sewer system, excluding schools, will be determined by applying the volume sewer charge per hundred cubic feet (HCF) for each customer classification to each parcel as determined by the water utility meter readings. The annual sewer service charges for schools shall be determined by applying the number of equivalent dwelling units (EDUs) assigned per the average daily attendance of pupils at the school at the current rate set by ordinance.
(Ord. 98-10; Ord. 2002-05; Ord. 2024-01, 3/13/2024)
§ 18.08.040. Sewer Service Outside City Limits.

When it appears to be in the best interest of the City and the people thereof, the City Engineer may prepare an agreement for property situated outside the City to be permitted to connect to the sewer system. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service.
(Ord. 98-10)
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§ 18.08.050 SANITARY SEWER § 18.08.070
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.08.050. Refunds, Back Charges, and Changes in Use Resulting in Different Rates, Sewer Service Charges and/or Connection/Capacity Fees.

A. Increased Rates. Whenever the use of any premises previously connected to the City system is changed so that there is a fee applicable to such premises increased from that which existed at time original application was made, there shall immediately become due, owing and payable to the City the increase in fees applicable. The charges imposed by this regulation shall become delinquent 60 days following the date it becomes due.

B. Back Charges for Unpaid Sewer Service. The City Engineer is authorized to require back charges in the event that a property has been discharging into the sewer system without payment of sewer service charges. The back charges may be imposed up to four years in arrears.

C. Refund/Reduction of Sewer Service Charges and/or Connection/Capacity Fees. The Public Works Director is authorized to allow refunds of annual sewer service charges and/or connection/capacity fees to non-discharging parcel owners and to property owners which have been over-charged for sewer service and/or connection/capacity fees. The Public Works Director is authorized to discontinue charging non-discharging parcels for sewer and to reduce the sewer service charge of over-charged parcels. Only those amounts which were over-charged will be refunded, and without accrued interest. Refunds shall be issued for up to four years in arrears during which the property owner was over-charged for sewer service. (Ord. 97-04; Ord. 98-10)
§ 18.08.060. Exceptions.

The Public Works Director or his/her designee shall have the power to grant exceptions and to establish policies for the granting of such exceptions from the established sewer service charges.

Such exceptions shall only be granted when one or more of the following situations exist:

A. Where the premises are not connected to the sewer system of the City.

B. When water is supplied to premises through a separate water meter and such water is used entirely for irrigation purposes.

C. Where the City has entered into a separate service agreement. (Ord. 98-10)
§ 18.08.070. Adjustment of Sewer Service Charges Authority.

The Public Works Director or his/her designee shall have the power to adjust the annual sewer service charge when one or more of the following situations exist:

B. Where it can be positively demonstrated to the satisfaction of the City that the percentage of return to sewer is less than the amount calculated for that customer classification due to a substantial portion of the water used for industrial, recreational, horticultural or agricultural purposes.
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§ 18.08.070 ENCINITAS CODE § 18.08.080
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 C. When water is supplied to premises by more than one water meter and one or more of such additional water meters does not provide water which is discharged into the sewer system.

D. When ownership of the parcel changes after the period during which the water meter readings are recorded and the amount of water used during that period is above the median annual water use for that customer classification. It must be positively demonstrated by the customer that the recorded amount is not representative of their actual consumption for the type of use.
(Ord. 98-10)
§ 18.08.080. Calculation of Annual Sewer Service Charge.

The service charge will be based on the lowest two readings multiplied by three to arrive at the annual water usage. Each of these water readings will then be averaged over five years. The averaged annual water usage is then adjusted by applying a percentage return to sewer to determine the adjusted annual water usage. The minimum and maximum charges established by ordinance will apply to all single-family residential customers whose water utility meter readings fall under or over the established limits.

Multifamily Residential. The annual sewer service charge for multifamily residential customers shall be determined in the same manner as for single-family residential customers. For multifamily residential customers with separate parcels sharing a single water utility meter, the annual total water usage shall be divided among the number of parcels served and applied to each parcel equally. The annual sewer service charge will be based on the adjusted annual water usage for the parcel. The minimum and maximum charges established by ordinance will apply on a per unit basis to all multifamily residential customers whose water utility meter readings fall under or over the established limits.

Nonresidential. The annual sewer service charge for nonresidential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage.

The annual water usage is based on the prior 12 months metered water usage from May through April for the customer and is adjusted by applying a percentage return to sewer to determine the adjusted annual water usage. A minimum charge has been established for nonresidential customers.

When less than two full bi-monthly billing periods (four full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available from December through May for residential customers, the median annual water use for that customer classification, as set by ordinance, shall apply.

When less than three full bi-monthly billing periods (six full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for nonresidential customers for the prior year, the median annual water use for that customer subclassification, as set by ordinance, shall apply. When more than three full billing periods, but less than six full 2026-08-12 Item #01 Special Meeting Page 21 of 169
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§ 18.08.080 SANITARY SEWER § 18.08.100
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 bi-monthly periods (12 full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for nonresidential customers for the prior year, the use shall be normalized to one year.

When a single water meter serves more than one customer classification on a parcel, the highest strength classification will be used in determining the rate per 100 cubic feet of water usage.

When no median annual water use exists for a nonresidential subclassification, the number of equivalent dwelling units assigned to the parcel for the purpose of determining the sewer connection/capacity fees shall be used, multiplied by the median annual sewer service charge for the single-family residential customer subclassification.

When the nonresidential subclassification for a customer changes prior to the determination of the annual sewer service charge for the customer, the rate for the new subclassification shall apply and the annual water usage for each customer subclassification shall be used to determine the annual sewer service charge.

Customers that have submeters to track outdoor water use will have the total annual flow to the meter that is for indoor usage billed with no winter month adjustment or any percentage return to sewer adjustment and no five-year averaging.
(Ord. 98-10; Ord. 2002-05; Ord. 2024-01, 3/13/2024; Ord. 2025-14, 11/12/2025) § 18.08.090. Challenge of Sewer Service Charge Determination.

18.08.070; however, no rebate of fees upon such exception shall be allowed for any fees paid one year or more preceding the filing of such application. The applicant shall complete an official application for review of annual sewer service charge, supplied by the Public Works Department. The applicant shall furnish necessary factual data to support such application. The Public Works Director or his/her designee shall review the application and approve or deny the application based on the information provided by the applicant.

B. Appeal to City Manager. Upon denial or conditional approval by the Public Works Director or his/her designee, any applicant dissatisfied with such decision may appeal same to the City Manager.

C. Appeal to City Council. Upon denial or conditional approval by the City Manager, any applicant dissatisfied with such decision may appeal same to the City Council. Such appeal must be filed in writing with the City Clerk pursuant to Chapter 1.12. (Ord. 98-10; Ord. 2022-06)
§ 18.08.100. Submeters.

If the property owner determines that it is in their best interest, a submeter may be used to demonstrate to the satisfaction of the City that the percentage of return to sewer is less than the amount calculated for that customer classification.

A. Readings obtained from submeters installed for the purpose of measuring exclusively indoor or outdoor water use in HCF may be used by the City for the purpose of calculating the annual water usage if the following conditions are met:
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§ 18.08.100 ENCINITAS CODE § 18.08.100
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1. An application requesting that the water readings from a submeter be considered in determining the annual sewer service charge be completed by the customer prior to the installation of a new submeter.

2. The use of the submeter be pre-approved by the Utilities Director or designee prior to installation.

3. The submeter be connected to a water line exclusively used for indoor or outdoor water use.

4. An annual service charge may be imposed by the respective water agency for the meter reading during which the usage is recorded. The above-mentioned charge shall be set by ordinance.

5. An annual service charge may be imposed by the respective water agency for the meter reading during which the usage is recorded. The above-mentioned charge shall be set by ordinance.

B. A penalty will be imposed by the City for any submeter found to be tampered with, adjusted, or improperly installed to produce false readings.

C. Properties utilizing submeters will have their bills calculated based upon the actual annual water use delivered by the meter that tracks indoor use excluding the flows to the irrigation meter, see Section 18.08.080 for other clarifications on billing for these properties. (Ord. 2002-05; Ord. 2024-01, 3/13/2024)
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§ 18.12.010 SANITARY SEWER § 18.12.100
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SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FEE
§ 18.12.010. Purpose.

It is the purpose of this chapter to allow a reimbursement connection fee at the time of connection when the sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. The purpose of the reimbursement connection fee is to reimburse the person privately constructing the sewer main which is dedicated to the public and offered to the City. (Ord. 2002-05)
§ 18.12.020. Procedure.

A. The City and the developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City.

B. Upon acceptance of the sewer main by the City in accordance with Section 4742.3 of the Health and Safety Code, the City shall adopt an ordinance imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the City Engineer and City's administrative manual and shall provide funds to reimburse the developer for costs of the main which benefit other property owners which connect to the main. The reimbursement connection fee shall include a six percent per annum simple interest charge to partially compensate developer for his/her financing costs. The developer shall not be reimbursed for his/her fair share of the project costs (that portion of the improvement costs that directly benefits his or her development). The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees, in accordance with the terms of the reimbursement agreement.
(Ord. 2002-05)
§ 18.12.030. Term of Agreement.

The period over which special connection fees are collected shall be 20 years. (Ord. 2002-05)
§ 18.12.040. Reimbursement of Costs by Benefiting Property Owners Connecting.

When a sewer main extension has been installed and a reimbursement agreement amount has been approved by the City Council, any benefiting property owner, prior to connection to the sewer main, who has not either him or herself or through his or her predecessor in interest contributed toward the cost of such installation, shall pay to the City, in addition to any sewer connection fees required by this Code or any other ordinance of the City, the reimbursement connection fee for such sewer main extension, at the rate provided for by ordinance of the City Council.

The following sewer reimbursement ordinances have been approved by the City Council. (Note:

All references to "District" or "Cardiff Sanitation District" mean City or City of Encinitas.) (Ord. 2002-05)
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§ 18.12.100 ENCINITAS CODE § 18.12.140
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.12.100. William J. Ackerman Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,750.00 plus six percent annual simple interest upon the effective date of Ordinance No. 92-01 (December 10, 1992), adopted by the board of the District for premises connecting directly to the sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on December 10, 2002.
(Ord. 92-01)
§ 18.12.120. Philip Boczanowski Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,330.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 89-03 (April 6, 1989), for premises connecting directly to the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Philip Boczanowski and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999. (Ord. 89-03)
§ 18.12.121. Raymond and Lilly Bosch and Mike and Katie Colton Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,112.71 plus six percent annual simple interest computed from the effective date of Ordinance No. 96-01 (March 29, 1996), until paid for equivalent dwelling units connecting directly to the sewer facility known as CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on March 29, 2016. (Ord. 96-01)
§ 18.12.122. Gary Bukamier Reimbursement Connection Fee.

This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on January 17, 2017.
(Ord. 96-02)
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§ 18.12.140 SANITARY SEWER § 18.12.241
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.12.140. Reimbursement Fee—Cardiff Sanitary Division.

This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2003-01, or until such time as the reimbursement agreement expires, whichever is sooner.
(Ord. 2003-01)
§ 18.12.160. DuVivier Company Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,240.00 per primary benefiting acre and $620.00 for each secondary benefiting acre that flows directly or indirectly through the sewer line (PC1846) plus six percent annual simple interest for premises connecting directly or indirectly to the sewer line as shown on plan attached as Exhibit "A" to the "Reimbursement Agreement Between Du Vizier Company and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on January 16, 2007.
(Ord. 86-58)
§ 18.12.180. (Reserved: E).
§ 18.12.200. (Reserved: F).
§ 18.12.220. (Reserved: G).
§ 18.12.240. Stephen and Karen Hoffman Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $11,140.01 plus six percent annual simple interest computed from the effective date of Ordinance No. 98-03 (July 24, 1998) until paid for equivalent dwelling units connecting directly to the sewer facility known as CS193 located in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 98-03.

This agreement expires on July 24, 2008.
(Ord. 98-03)
§ 18.12.241. Reimbursement Fee—Stephen and Karen Hoffman.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $11,140.01 plus six percent annual simple interest computed from the effective date of Ordinance No. 98-03 (August 14, 1998) until paid for equivalent dwelling units connecting directly to the sewer facility known as SC193 located in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 10 years from the effective date of City of Encinitas Ordinance 2026-08-12 Item #01 Special Meeting Page 26 of 169
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§ 18.12.241 ENCINITAS CODE § 18.12.380
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 2008-18.
(Ord. 2008-18)
§ 18.12.260. (Reserved: I).
§ 18.12.280. (Reserved: J).
§ 18.12.300. (Reserved: K).
§ 18.12.320. Reimbursement Fee—Lang, London, Machain, Saraspe, and Shipman.

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $37,096.34 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-03 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14266-I running in the vicinity of El Camino Del Norte in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-03.
(Ord. 2025-03, 3/19/2025)
§ 18.12.340. Michael J. Mahon Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,264.16 plus six percent annual simple interest upon the effective date of Ordinance No. 91-04 (October 10, 1991), adopted by the Board of the District for premises connecting directly to the sewer line (PC1989) as shown on plan attached as Exhibit A to the "Reimbursement Agreement between Michael J. Mahon and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on October 10, 2001.
(Ord. 91-04)
§ 18.12.341. C. Samuel and Anne Marasco Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $9,466.05 plus six percent annual simple interest computed from the effective date of Ordinance No. 99-01 (July 30, 1999) until paid for equivalent dwelling units connecting directly to the sewer facility known as CS073 located in Cole Ranch Road, generally south of Lone Jack Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This agreement expires on July 30, 2019.
(Ord. 99-01)
§ 18.12.360. (Reserved: N).
§ 18.12.380. Patrick O'Connor Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,900.00 plus six percent annual simple interest computed 2026-08-12 Item #01 Special Meeting Page 27 of 169
City of Encinitas, CA
§ 18.12.380 SANITARY SEWER § 18.12.461
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 from the effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directly to the sewer line (PC1814) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Patrick O'Connor and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999. (Ord. 89-02)
§ 18.12.381. Olivenhain Sewer Joint Venture (John Cover) Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,012.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-01 (July 9, 1993), for premises connecting directly to the sewer line (PC1889, PC1906) as shown on plan attached as Exhibit A to the "Reimbursement Agreement," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on July 9, 2003. (Ord. 93-01)
§ 18.12.400. (Reserved: P).
§ 18.12.420. (Reserved: Q).
§ 18.12.440. Michael Riley et al Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $3,966.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-06 (February 11, 1994), until paid for equivalent dwelling units connecting directly to the sewer facility know as CS025 running South in Rancho Santa Fe Road, thence westerly in Whisper Wind Drive in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 93-06 (this agreement expires on February 12, 2014). The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. (Ord. 93-06)
§ 18.12.460. Schibler and Tracy Reimbursement Fee.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $51,873.30 plus six percent annual simple interest computed from the effective date of Ordinance No. 2004-01 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS400 located in the vicinity of Fortuna Ranch Road and Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2004-01.
(Ord. 2004-01)
§ 18.12.461. Reimbursement Fee—Sinnett.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $32,014.50 plus six percent annual simple interest computed 2026-08-12 Item #01 Special Meeting Page 28 of 169
City of Encinitas, CA
§ 18.12.461 ENCINITAS CODE § 18.12.541
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 from the effective date of Ordinance No. 2008-17 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS502 located in the vicinity of west side of Rancho Santa Fe Road in between Woodwind Drive and Encinitas Boulevard in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2008-17.
(Ord. 2008-17)
§ 18.12.470. Reimbursement Fee — Tavares.

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $39,196.92 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-12 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14187-I running in the vicinity of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-12.
(Ord. 2025-12, 11/25/2025)
§ 18.12.480. Paul Trester et al (9th Street Extension) Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,460.00 plus six percent annual simple interest computed from August 4, 1983 until paid for equivalent dwelling units connecting directly to the sewer facility known as PC1614 running north in Cole Ranch Road thence westerly in Ninth Street in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after August 4, 2003. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee.
(Ord. 93-04)
§ 18.12.500. (Reserved: U).
§ 18.12.520. (Reserved: V).
§ 18.12.540. Ray Wakeham et al Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4,316.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-03 (November 12, 1993), until paid for equivalent dwelling units connecting directly to the sewer facility known as CS108 running West in Ninth Street, thence northwesterly in Sereno View Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 93-03 (this agreement expires on November 12, 2003). The agreement states that District retains an administrative fee which is five percent of the gross reimbursement connection fee. (Ord. 93-03)
2026-08-12 Item #01 Special Meeting Page 29 of 169
City of Encinitas, CA
§ 18.12.541 SANITARY SEWER § 18.12.600
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.12.541. Reimbursement Fee—Bruce Wiegand et al.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,624.50 plus six percent annual simple interest computed from the effective date of Ordinance 2003-02 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS267 located in the vicinity of 5th Street and Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2003-02.
(Ord. 2003-02)
§ 18.12.542. Reimbursement Fee—Walker and Harrison.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,861.36 plus six percent annual simple interest computed from the effective date of Ordinance No. 2005-13 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS403 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2005-13.
(Ord. 2005-13)
§ 18.12.560. (Reserved: X).
§ 18.12.580. (Reserved: Y).
§ 18.12.600. Reimbursement Fee—Zimdars et al.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $21,504 plus six percent annual simple interest computed from the effective date of Ordinance No. 2006-03 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS303 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No 2006-03.
(Ord. 2006-03)
2026-08-12 Item #01 Special Meeting Page 30 of 169
City of Encinitas, CA
§ 18.16.010 SANITARY SEWER § 18.16.060
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 CHAPTER 18.16

SEWER CONSTRUCTION REQUIREMENTS
§ 18.16.010. Purpose.

The purpose of this chapter is to specify some of the City's requirements relating to sewer construction.
(Ord. 95-16)
§ 18.16.020. Sewer Utility Holes Must be Accessible by City Maintenance Vehicles.

The developer shall be required to grade an access road to maintain any public sewers constructed within easements and may be required to dedicate additional access easements to maintain the public sewers. All of the sewer utility holes must be accessible by vehicle. In order to be accepted into the City's publicly maintained sewer system, all new sewer mains shall be constructed only within maintained roadways that have all-weather surfacing. § 18.16.030. Installation of Sewer Lateral Connections from Main to the Property Lines are Required for Unconnected Properties When a Sewer Main is Constructed.

When a sewer main is constructed as part of a public right-of-way improvement plan, the developer is required to install sewer lateral connections to the property line for each developed, unconnected lot that could be served by that sewer main. This is to limit the construction on newly improved public roadways. In addition, the developer is required to show all the lateral locations on the improvement plan installed by the developer. (Ord. 2002-05)
§ 18.16.040. Cost of Sewer Lateral Construction.

The expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the applicant. Sewer lateral work in the public right-of-way requires a City permit.
(Ord. 2002-05)
§ 18.16.050. Separate Sewer Laterals.

Separate sewer laterals are required for each single-family dwelling, and condominium.

However, a separate sewer lateral is not required for an approved accessory unit to a single-family dwelling, on the same lot. Every separate residential building or other building on one lot connected to the sewer main shall be separately and independently connected with the City sewer system. The exception to this rule, is the situation where there is a building in the rear of a lot without access to any other available sewer main. In this case, it may be connected with the sewer of the building in the front of the same lot. All condominiums shall have separate connections, unless a homeowner's association is formed to manage and maintain the private sewer lateral. (Ord. 2002-05)
§ 18.16.060. Privately Owned Sewer Pumps.

Private sewage discharge pumps may be permitted only if it can be determined that no other alternatives exists or that an unnecessary hardship is thereby created. Sewer pump proposals will 2026-08-12 Item #01 Special Meeting Page 31 of 169
City of Encinitas, CA
§ 18.16.060 SANITARY SEWER § 18.16.120
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 require the applicants to have a civil engineer review the alternatives and submit their finds to the City Engineer for review. If the sewer pump is permitted, the property owner will assume all liability and responsibility associated with the maintenance and operation of the sewage pump. (Ord. 2002-05)
§ 18.16.070. No Surface Water Connection Allowed to the Sewer System.

No person shall make connection of roof downspouts, exterior foundation drains or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public sewer.
§ 18.16.080. Excavations to be Properly Barricaded and Noticed.

All excavations for building sewer installation shall be adequately guarded with barricades, lights, and signage so as to protect the public from hazard. Streets, sidewalks, parkways, sewer easements and other public property disturbed in the course of the work shall be restored in a timely manner, to the satisfaction of the City.
§ 18.16.090. Sewer Utility Easements.

Sewer utility easements shall be obtained for all sewer main extensions, except for sewer mains to be located within a public street. Under no circumstances shall any structure be placed over or around any sewer main or extension, or within a City utility easement, unless an encroachment permit has been granted by the City Engineer.
§ 18.16.100. Inspection.

Inspection of all sewer construction shall be made by personnel of the City or its authorized representative as deemed necessary by the City Engineer. Sewer construction shall include, but not be limited to sewers, pump stations, treatment plants, pretreatment facilities, food establishment facilities, or other facilities which discharge grease and oils that may cause blockages. Inspections may be made to determine that such facilities are being adequately maintained and operated and meet the provisions of this Code. Sewer facilities under construction shall be inspected periodically or as deemed necessary by the City Engineer to assure that construction conforms to the intent of the approved plans and specifications, City design standards and other applicable codes. No person shall bury or backfill new sewers or laterals until inspected by personnel of the City or its authorized representative. No person shall interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer construction. § 18.16.110. Responsibility for Damages to Sewers or Streets by Person Doing Work.

Any person who shall do or cause to be done work provided for in this chapter shall be liable for any damage to any sewer or to any public street or to any other public property. § 18.16.120. Sewer Construction Permits.

A sewer construction permit must be issued before the material sewer connection can be made to the public sewer system. Prior to a sewer connection permit being issued the property must be within the jurisdiction of the City's sewer system, and the wastewater discharge permit fees paid, as well as all other required sewer fees. In cases of sewer lateral installation in a new 2026-08-12 Item #01 Special Meeting Page 32 of 169
City of Encinitas, CA
§ 18.16.120 ENCINITAS CODE § 18.16.130
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits. Right-of-way construction permits are required when sewer construction permits are issued for work in the public right-of-way. The cost of all soils and material testing, as well as the cost of any necessary special inspection, shall be directly borne by the applicant/developer. The applicant shall provide security guaranteeing proper completion of the work conforming to Section 23.36.130D of the City of Encinitas Municipal Code. A sewer construction permit shall be valid for a length of time not to exceed one year from the date of issuance.
(Ord. 97-04)
§ 18.16.125. Requirements and Standards—City Engineer Authorization.

The City Engineer may authorize exceptions to requirements and standards contained in this chapter subsequent to issuing a finding of practicality and substantial consistency with the intent of this Code to the City Manager. The City Engineer may impose conditions on any exception necessary to preserve the intent of this Code.
(Ord. 2002-05; Ord. 2017-07)
§ 18.16.130. Sewer Lateral Cleanout Covers Required.

Cleanout caps or plugs are required on all cleanouts installed on sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight. (UPC707.1)
(Ord. 97-04)
2026-08-12 Item #01 Special Meeting Page 33 of 169
City of Encinitas, CA
§ 18.20.010 SANITARY SEWER § 18.20.060
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 CHAPTER 18.20

COST RECOVERY FOR PROTECTIVE SEWER SERVICES
§ 18.20.010. Purpose.

The purpose of this chapter is to establish procedures for obtaining reimbursement from responsible persons for the expenses of any emergency response by the City to protect the public from sewage spills and other health and safety concerns related to sewage. (Ord. 95-16)
§ 18.20.020. Sewage Spills are Unlawful.

In accordance with the Health and Safety Code Section 4476, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section 1.08.030 of the City of Encinitas Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a public nuisance.
§ 18.20.030. Reimbursements Required.

A person who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the City for the costs incurred. If the person does not immediately correct the cause and/or the resulting health and safety problem, then the City is hereby authorized to correct the problem situation at the person's expense.
§ 18.20.040. Report.

City personnel involved in an emergency response shall submit a report to the Public Works Director indicating:

A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the City and the basis of the determination regarding responsibility.
§ 18.20.050. Notice to Responsible Party.

A. If it is reasonably likely that the party identified in the report is responsible for reimbursing the City, the Public Works Director may submit a demand to the identified party. The Public Works Director is authorized to accept a reasonable offer of reimbursement.

B. The Public Works Director may set the matter for administrative hearing by the City Council. Notice of the date set for hearing and the report shall be sent to the person or entity to be charged together with a copy of administrative hearing procedures contained in the Municipal Code.
2026-08-12 Item #01 Special Meeting Page 34 of 169
City of Encinitas, CA
§ 18.20.060 ENCINITAS CODE § 18.20.060
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.20.060. Action by City Council.

If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution:

A. Confirm or disallow the charge, in full or in part;
B. Determine the amount of the reimbursement owed by the party to the City; and C. Direct that the City commence collection proceedings against the party. 2026-08-12 Item #01 Special Meeting Page 35 of 169
City of Encinitas, CA
§ 18.24.010 SANITARY SEWER § 18.24.050
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 CHAPTER 18.24

INDUSTRIAL WASTEWATER PRETREATMENT
§ 18.24.010. Title.

This chapter shall be known as the "City of Encinitas Industrial Wastewater Pretreatment Ordinance."
(Ord. 95-16)
§ 18.24.020. Purpose.

This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City's sewer system. This chapter provides for the regulation of sewer construction in areas within the former Encinitas Sanitary District boundaries, the quantity and quality of discharged wastes, the degree of wastewater pretreatment required, provision for fees and charges, the issuance of permits for industrial wastewater discharge, and the establishment of penalties for violation of the ordinance codified in this chapter.
§ 18.24.040. Adherence to Pretreatment Ordinance of Encina Wastewater Authority.

No user shall contribute or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the Encinitas Municipal Code sections on pretreatment, on file in the Office of the City Clerk, and any amendments thereto. In the event of any inconsistencies between regulations approved by the City of Encinitas Municipal Code sections on pretreatment, and San Elijo Joint Powers Authority, and other regulations adopted by the City, the more restrictive regulations shall apply.
(Ord. 2002-05)
§ 18.24.050. Industrial Wastewater Discharge Permit Required.

No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the City, any industrial waste unless the City Engineer determines that such discharge 2026-08-12 Item #01 Special Meeting Page 36 of 169
City of Encinitas, CA
§ 18.24.050 ENCINITAS CODE § 18.24.100
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 meets the industrial waste discharge standards established by the rules or regulations adopted as herein provided, in which case no industrial waste permit shall be required. If the discharge does not meet the industrial waste discharge standards established by this title, then an industrial waste discharge permit is required.
§ 18.24.060. Issuance of Industrial Wastewater Discharge Permit.

Industrial wastewater permits may be co-issued by the City and the Encina Wastewater Authority or by the City and San Elijo Joint Powers Authority, according to this Code and Encina Wastewater Authority or San Elijo Joint Powers Authority regulations. No person shall discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities without first obtaining a permit for industrial wastewater discharge. The permit for industrial wastewater discharge may require pretreatment of industrial waste before discharge, restriction of peak flow discharges, prohibition of discharge of certain waste components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs created by the waste discharge, and such other conditions as may be required to effectuate the purpose of this chapter.

No permit shall be issued to any person to discharge industrial waste into the sewer system of the City if such discharge will be a hazard or danger to the health or safety of any person or to the property of any person or if such discharge will result in a danger to the capacity, construction, use or proper performance or utilization of the sewer system or be otherwise detrimental or injurious to such systems or either of them, and unless the applicant has complied with all state, federal, and local laws and with all the provisions of this Code and with all applicable rules and regulations adopted as provided for in this title.
(Ord. 2002-05)
§ 18.24.070. Fees for Industrial Wastewater Discharge Permits.

Fees may be charged by the City for industrial wastewater discharge permits, for both the issuance of original permits and renewals.
§ 18.24.080. Pretreatment Plans Required.

In the event the City Engineer determines that pretreatment is required to make the waste acceptable, the applicant shall be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shall be included within and become a part of the original application. A permit shall not be issued until such plans, specifications and operational procedures have been reviewed and approved by the City Engineer.
§ 18.24.090. Access for Monitoring.

When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastewater shall install monitoring and recording equipment, and a suitable control access hole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such access hole shall be readily accessible and safely located, and shall be constructed in accordance with plans by the City Engineer. The access hole shall be installed and maintained by the owner at the owner's expense. If no special access hole is available, the sampling location shall be determined by the City Engineer, which may be the nearest downstream utility hole from the point at which the building sewer is connected. 2026-08-12 Item #01 Special Meeting Page 37 of 169
City of Encinitas, CA
§ 18.24.100 SANITARY SEWER § 18.24.150
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 § 18.24.100. Self-Monitoring and Reporting.

All industrial users shall be subject to self-monitoring and reporting requirements. The requirements for each applicable user shall be determined by the City Engineer and included in the user's discharge permit.
§ 18.24.110. Public Access to Information.

Information and data provided by an industrial user identifying the nature and frequency of a discharge shall be available to the public without restriction. Any information or data which is submitted or which may be furnished by a user in connection with required periodic reports shall also be available to the public unless the user or other interested person specifically identifies and is able to demonstrate to the satisfaction of the City Engineer that the disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.
§ 18.24.120. Revisions to Permits.

The City Engineer shall be empowered to revise discharge permit requirements to comply with evolving federal, state, and local laws. Permit revisions or modifications shall not be inconsistent with applicable federal pretreatment standards.
§ 18.24.130. Permit Expiration, Transference, Revocation or Suspension.

Any permit issued in accordance with the provisions of this chapter shall be valid for a specified period, and is not transferable unless such permit is revoked or suspended as provided in this title and in the rules and regulations adopted pursuant thereto. § 18.24.140. Violation—Disconnection of Facilities—Reconnection Charge.

The City Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable state, federal or local laws or this chapter or of any of the rules and regulations adopted in the manner provided for herein. The City Engineer, in accordance with the law, may disconnect from the public sewer any connection to a sewer, main line sewer, or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state, or local law or this chapter or the rules and regulations adopted as provided for in this chapter. When a premises has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid. § 18.24.150. Notice of Intention to Disconnect Premises.

The City Engineer shall give not less than five days notice of intention to disconnect the premises or to suspend or revoke a permit, stating the reasons therefor, and may grant a reasonable time for elimination of the violation; provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of the persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, 2026-08-12 Item #01 Special Meeting Page 38 of 169
City of Encinitas, CA
§ 18.24.150 ENCINITAS CODE § 18.24.160
Downloaded from https://ecode360.com/EN5042 on 2026-04-07 registered or certified, return receipt requested, or by posting such notice on the premises. § 18.24.160. Enforcement.

The City Engineer is charged with the duty of enforcing the provisions of this chapter and the rules and regulations adopted as provided in this chapter. The City Engineer and the City/ Encina Wastewater Authority's duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times, and during operating hours of businesses for the purpose of inspection, observation, measurement, sampling, testing, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provided in this chapter.
2026-08-12 Item #01 Special Meeting Page 39 of 169

CITY OF ENCINITAS

CITY COUNCIL

AGENDA REPORT
Meeting Date: April 10, 2002
TO: City Council Members
VIA: City Manager Miller
FROM(~eborah Cervone, City Clerk
SUBJECT:

Adoption of Ordinance No. 2002-05 Amending the Encinitas Municipal Code Title 18 Regarding Sanitary Sewer.

ISSUE:

The issue before City Council is to approve the amendment of Title 18, Sanitary Sewer regulations, of the Encinitas Municipal Code to incorporation of the Cardiff Sanitation District Code due to the dissolution of the District.

BACKGROUND: On October 18, 2001, the Local Agency Formation Commission LAFCO) finalized the dissolution of the Cardiff Sanitation District with the recordation of the Certificate of Completion. Currently the Municipal Code contains regulations regarding the Encinitas Sanitary Division (ESD). With the dissolution of CSD, the City has two sanitary codes, one within the Municipal Code and the CSD Code while under a single governing body, the City Council. The incorporation of the sanitary regulations will eliminate the redundancy of two similar codes within the Encinitas Municipal Code. This ordinance will incorporate the regulations of Cardiff Sanitation District into Title 18, Sanitary Sewer Regulations of the Municipal Code.

Council introduced Ordinance 2002-05 on March 27th, 2002.

Attached to this report is the original Staff report Council considered when introducing this ordinance.
2026-08-12 Item #01 Special Meeting Page 40 of 169
RECOMMENDATION:

Adopt Ordinance 2002-05 amending the Encinitas Municipal Code, Title 18 Sanitary Sewer regulations.
2026-08-12 Item #01 Special Meeting Page 41 of 169
O

CITY OF ENCINITAS

CITY COUNCIL

AGENDA REPORT
Meeting Date: March 27, 2002
TO: City Council
VIA: Kerry Miller, City M, ~age~
FROM: ~ Leroy Bodas, Interi~n Director of Engineering Services Lee, Management Analyst -'~
Lin Wurbs, Director ofPublicWorks(~/~
k'.~ill Wilson, Management Assistant
SUBJECT:

Introduction of Ordinance No. 2002-05 Amending the Encinims Municipal Code Title 18 Regarding Sanitary Sewer.

ISSUE:

The issue before City Council is to approve the amendmem of Title 18, Sanitary Sewer regulations, of the Encinitas Municipal Code to incorporate the Cardiff Sanitation District Code due to the dissolution ofthe District.

BACKGROUND:

On October 18, 2001, the Local Agency Formation Commission (LAFCO) finalized the dissolution of the Cardiff Sankation District with the recordation of the Certificate of Completion. Currently the Municipal Code contains regulations regarding the Encinitas Sanitary Division (ESD). With the dissolution of CSD, the City has two sani~' ycodes, one within the Municipal Code and the CSD Code while under a single governing body, the City Council. The incorporation of the sanitary regulations will eliminate the redundancy oftwo similar codes within the Encinitas Municipal Code. This ordinance will incorporate the regulations of Cardiff Sanitation District into Title 18, Sanitary Sewer Regulations of the Municipal Code.

ANALYSIS:

The Amendments and changes to the Encinitas Municipal Code Title 18, Sanitary Sewer Regulations include the following:
2026-08-12 Item #01 Special Meeting Page 42 of 169
Cardiff Sanitation District - renamed to Cardiff Sanitary Division to remain consistent with the Encinitas Sanitary Division

18.01. 030 District reference to mean City of Encinitas - Amendment due to the dissolution of the CSD

18.04. 040Addition of the San Elijo Joint Powers Authority - Amendment to the regulations of CSD to the treatment facility at San Elijo and modified language to remove to the satisfaction of the City Engineer

18.04. 080 Unlawful Sewer Connection - Changed language to be consistent with the LAFCO annexation process of the parcels required to be within the City boundaries or within sphere of the City's influence prior to any new connections.

18.04.00 Maintenance of Sewer Lateral - Changed language regarding the owner shall reimburse City for work on sewer laterals when necessary forpublic safety

18.08. 080 Olivenhain Municipal Water District metering period to twelve months - Correction to show actual rates based on twelve months from six month periods

18.08.00 Removal of the section Sub-meters will no longer require annual inspection and certification by the County Department ofAgriculture, Weights, and Measures

18.12. 010 Sewer Construction Reimbursement Connection Purpose - Changed sewer system to sewer main

18.12. 020 Sewer Construction Reimbursement Connection Procedure - Language change of may to shall and added the use of the administrative manual in the reimbursement agreements

18.12. 030 Sewer Construction Reimbursement Connection Term of Agreement - Reimbursement Agreement shall be 20 years - Amendment to change reimbursement from a split 10 year agreement for costs under $50,000 to 20 year Agreements

18.12. 040 Sewer Construction Reimbursement Connection Reimbursement of Costs - Changed sewer system to sewer main

18.00-12. 600 Addition of CSD Reimbursement Agreements - Addition of existing CSD Agreements

18.16. 030 Installation of Sewer Lateral - Changed language for developer to install laterals to unconnected properties when construction is part of a public right- wayof-improvement plan

18.16. 040 Cost of Sewer Lateral Construction - Changed language to entire section for less complex understanding

18.16. 060 Privately Owned Sewer Pumps - Changed language for the installation of sewer pumps

18.16.25 City Engineer may authorize exceptions to the requirements and standards - Similar to the Cardiff Sanitation District Regulations, which allowed the District Engineer to authorize exceptions to certain requirements and standards, (subsequent to a finding of practicality and substantial consistency with the intent of the district code), the proposed amendment would allow the City Engineer to do the same regarding the City's sewer system

18.24. 045 Addition of adherence to Pretreatment Sections of the Encinitas Municipal Code - Addition to the Regulations due to the dissolution of CSD

18.24. 060 Addition of the San Ellijo Joint Powers Authority - Amendment to the regulations of CSD to the treatment facility at San Elijo
Other language changes were to modify the language of sewer line to sewer main and to correct grammatical errors within the code
The attached Exhibit 1 is the revised Title 18 of the Encinitas Municipal Code. The ordinance does not change the current operating procedure.
2026-08-12 Item #01 Special Meeting Page 43 of 169
FISCAL AND STAFF IMPACTS:

Sewer service charges and connection fees remain unchanged. By merging CSD with the City, the need for separate annexation by the City residents into the District has been eliminated, therefore reducing the staff time and costs required for processing the annexations. Additional fiscal benefits may be realized for the City if property owners decide to develop currently vacant parcels or change for septic and connect to thc sewer system due to thc elimination of the complex and time consuming annexation process.

RECOMMENDATION:

Approve thc introduction of Ordinance 2002-05 amending thc Encinitas Municipal Code, Title 18 Sanitary Sewer regulations, regarding thc inclusion of the Cardiff Sanitary Division. 2026-08-12 Item #01 Special Meeting Page 44 of 169
ORDINANCE 2002-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA AMENDING TITLE 18, SANITARY SEWER REGULATIONS, OF THE

ENCINITAS MUNICIPAL CODE

TO INCORPORATE PORTIONS OF THE CARDIFF SANITATION DISTRICT CODE,

DUE TO THE DISTRICT'S DISSOLUTION
The City Council of the City of Encinitas, California does ordain as follows:

SECTION ONE:

The City Council does ordain to repeal Title 18 of the Encinitas Municipal Code and to enact in its place a new Title 18, which shah read as per the attached ( EXHIBIT A).

SECTION TWO:

This Ordinance was introduced on March 27, 2002.

SECTION THREE:

PASSED AND ADOPTED this day of , 2002, by the
following vote to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Christy Guerin, Mayor
ATTESTATION AND CERTIFICATION:

This Ordinance was published pursuant to law.

Deborah Cervone, City Clerk
2026-08-12 Item #01 Special Meeting Page 45 of 169
EXHIBIT "A"
CHAPTER 18.01

GENERAL PROVISIONS
010 18.01. Purpose. It is the purpose of this Title to establish procedures and regulations for the use and protection of the City's sanitary sewer system (Ord. 95-16).

18. 02001. Severability. If any provision of this Title or the application thereof to any person or circumstance is held invalid, the remaining portions of the Title and the application of such provisions to other persons or circumstances are to be considered valid. 030 18.01. Definitiona For the purposes of this Title, the words set out in this section shall have the following meanings:

Applicant" means any person or group of persons who applies for sewer services.

Cost" means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

Customer" means any person, firm, association, corporation or government agency served or entitled to be served sewer service by the City for compensation.

Developer" means any person or group of persons, including contractors, corporations or public entities, who request to extend or connect to the sewer system.

District" Any reference to the "CardiffSanitation District" by that name or any other reference within this code shall mean the City ofEncinitas.

Extension" means an extension of an existing sewer main.

Equivalent Dwelling Unit (EDU)" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality.

Fiscal Year" means the period from July 1 to June 30, both inclusive.

Garbage" means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food.

Grease" means any material which is extractable from an acidified sample of water by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils.

Grease Interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater.
2026-08-12 Item #01 Special Meeting Page 46 of 169
Industrial Waste" means solid, liquid, or gaseous substances discharged or flmving from an industrial, manufacturing, or commercial premises resulting from manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature.

Industrial Wastewater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all wastesvater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater.

Interceptor Line" refers to a
large sewer line to which many trunk lines are
connected and which serves the primary purpose of transporting sewage from trunk lines to the disposal.

Main or Sewer Main" is a sewer pipeline in the sanitary sewer system of the City.

Individual service laterals discharge senvage into sewer mains which convey the sewage toward trunk lines and interceptor lines and ultimately to the disposal.

Maximum Charge" refers to the maximum amount residential accounts can be charged for annual sesver service. This amount is based on indoor water usage for a household of six persons. (Ord. 98-10).

Median Annual Water Usage" means the annual water use at which exactly half the customers in the classification are under the amount and half the customers are above the amount. (Ord. 98-10).

Minimum Charge" refers to the minimum amount residential accounts can be charged for annual sewer service. This charge covers the fixed costs incurred by the City in providing sewer service to a customer, regardlessofthe amount of water usage. (Ord. 98-10).

Multi-Family Residential" means the residential classification with more than one living unit served by a single water meter, and shall include all residential accounts other than single-family residential. (Ord. 98-10).

Non-Residential" means the classification which includes all accounts other than single-family residential and multi-family residential customers. ( Ord. 98-10).

Owner or Property Owner" means the person owning the fee, the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claims of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under government lease or license of real property.
2026-08-12 Item #01 Special Meeting Page 47 of 169
Person" means any individual, property owner, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include thc feminine, the singular shall include the plural where indicated by the context. oH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to

14. A pH value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity.

Premises" means any lot, piece or parcel of land, building or establishment.

Pretreatment or Treatment" is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing to the sewer system.

Return to Sewer" is the percentage of metered water usage, measured in hundred cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This percentage excludes storm, surface, and groundwaters not intentionally admitted in to the sewer system. (Ord. 98-10).

Regular Sewer Service" means the sewer service and facilities rendered for normal domestic and industrial or commercial purposes on a permanent basis and the sewer system available - therefore.

S.S". means suspended solids, a measure of the strength ofwastewater. (Ord. 98-10).

Sanitary Sewer or Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

Self-regenerating or Automatic Water Softener" is a water softener unit which is a water conditioning apparatus such as zeolite and resinous ion-exchange softeners or diminerlizers or other like devices which require the periodic discharge of brine solutions in their operation.

Sewage" means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems.

Sewer, Building or House" means that portion of a pipe or conduit carrying sanitary sewage and/or industrial wastes from a building to the public sanitary sewer or a common sewer.

Sewer Lateral or Service Lateral" means the service pipes extending from the private property line to the public sanitary sewer main in a public street, alley or easement. It is the 2026-08-12 Item #01 Special Meeting Page 48 of 169
connection of any domestic, commercial or industrial sanitary sewer lines to the City'ssystem after the payment of established fees and charges and City approval. (Ord. 97-04) Sewer, Private" refers to a privately owned sanitary sewer which is not directly controlled by the City.

Sewer, Public" refers to the sanitary sewer system under the jurisdiction of the City and the sewage treatment plant where the sewage will be processed.

Sewer System" means the sanitary sewer system of the City. Includes all construction and appurtenant equipment utilized in the collection, transportation, pumping, treatment and final disposal of sewage.

Single-Family Residential" means the residential classification where one living unit is served by one water meter, with the exception that where two or more living units are attached they are treated as multi-family residential regardless of the number of water meters. (Ord. 98-10).

Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration of flows during normal operation.

Standard Methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, and Water Pollution Control Federation.

Sub-classification" refers to the individual uses arranged under the classification.

Ord. 98-10).

Sub-meter" means a device used in addition to a water utility meter maintained by the San Dieguito Water District or Olivenhain Municipal Water District to measure the water usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor water usage. (Ord. 98-10).

Suspended Solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods.

Trunk Line" means a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage from sewer mains to the disposal.

Utility Hole" is an access to underground utilities. It is also referred to as a manhole.

Wastewater" means waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
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18. 04001.Grammatical Interpretatiog For the purpose of this Title:

A. All words used in the present tense shall include the future; B. All words in the masculine gender shah include the feminine; C. The word "shall" is mandatory and "may" is permissive; D. All words in the plural number shall include the singular number; and E. All words in the singular number shah include the plural number. 2026-08-12 Item #01 Special Meeting Page 50 of 169
CHAPTER 18.04

GENERAL SEWER REGULATIONS
010 18.04. Titl~ This Chapter shall be knonvn as the "City of Encinitas Sewer Regulations Ordinance." (Ord. 95-16).
020 18.04. Purpose of Rules and Regulations. The purpose of these rules and regulations is to set forth the terms and conditions under which the City will authorize connections and provide sewer service to customers.
030 18.04. Sewer System. The City will furnish a system, works and infrastructure used for and useful for collection of domestic and industrial sanitary sewage, including aH parts of the enterprises, aH appurtenances to it, and lands, easements, rights in land, contract rights, franchises, and other sewage collection facilities and equipment. 040 18.04.Senver Service and Connection Conditions.

The type of sewage discharged into the sewer system shall meet the requirements and restrictions of the Encina Waste~vater Authority or the San Eiijo Joint Powers .4uthority as applicabla
050 18.04. Tampering with City Property. No one except an employee or representative of the City shall at any time in any manner operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interferewith sewer lines or other parts of the sewer system. 060 18.04.Damage to City Sewera No person shah willfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the City's sewer system. Any person who willfully or negligently damages any City sewer or facility thereto is liable for the cost of repair, including the cost of replacement thereoL 070 18.04.Right to Inspect and Enter Private Property for Work within Sewer Easements. With the permission of the property owner, the officers, employees and agents of the City bearing proper credentials and identification shall have the right to enter upon any premises within the City to inspect and determine ifthis Title is being complied with, and for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, replacement and maintenance of any portion of the sewer system within any easements on the property.

2. 2026-08-12 Item #01 Special Meeting Page 51 of 169

18. 08004.Unlawful to Make Sewer Connection without Payment of Fee.

1. Approval of the application shah be given if the applicant is able to deliver sewage to points and elevations designated by the City and has paid all related fees and charges.

2. Ali applicants for new connections must be served within the boundary ofthe City or within the sphere ofinfluence ofthe City with a submitted request for annexation into the City through the Local Agency Formation Commission procedure.

B. It is unlawful for any person:

1. To place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof, without first obtaining a permit from the City pursuant to this Title, and without having first paid ali fees required by this Title; or

2. To place, discharge or dispose of any substance into the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued.
090 18.04.Enforcement Measures in Case of Delinquency. When any fee or charge imposed by this Title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordance with the law:

A. Any steps authorized by law to collect fees and charges; B. Disconnect the premises from the City'ssewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States mail with return receipt, or by posting such notice on the premises; the occupant will be given the opportunity for informal hearing with 2026-08-12 Item #01 Special Meeting Page 52 of 169
the City Manager prior to said disconnection, and if requested, within five days thereafter appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to
occupant will be furnished to the regional office of the County Health Department. When a premises has been disconnected, it shall not be reconnected until aH delinquent fees and charges have been paid, together with a charge for such disconnection and reconnection, as established by resolution of the City Council.
1008.04.Maintenance of Sewer Lateral.

A. The property owner serviced by a sewer lateral shah be responsible for cleaning, maintaining and repairing the sewer lateral between the sewer main and the lateral connection to the structure.

B. The property owner shall do such work at the property owner's sole expense and only after the required permits have been issued.

C. The owner ofsuch property shall reimburse the City for work on sewer laterals for the removal of obstructions, when the work is designated as necessary for public safety.
1108.04.Restrictions Relating to Use of Public Sewers~
A. No person shall discharge or cause to be discharged any storm water, surface water groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission from the City Engineer in conformance with adopted regulations.

C. No person shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer as follows:

1. The person shall notifying the City Engineer prior to commencing work;

2. The person shall ensure that all openings in or leading to the public sewer line or lines caused by such work shah be sealed watertight; and

3. The person shall ensure that the work is inspected by the City Engineer or his representative before being backfiHed.
2026-08-12 Item #01 Special Meeting Page 53 of 169
D. No person shall fall or backf'dl over, or cause to cover, or obstruct access to, any sewer utility hole.

E. No person shall erect any improvements, structures, or buildings over public sewers or sewer casements without the written permission of the City Engineer.

F. Except as hereinafter provided in this section, no person shall discharge or cause to be discharged any of the following described substances, waters or wastes into any public sewer:

1. Liquid or vapor having a temperature higher than 140 degrees Fahrenheit;

2. Water or waste which may contain more than 200 mg/l
for
inorganic or 400 mg/l
of organic concentration of fats oils, grease, or waxes, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit;

3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance;

5. Paints, or waste products from paint
manufacture;

6. Garbage that has not been properly shredded to a size of onefourth inch or less so that all particles will be carried freely under normal flow conditions in the public sewers;

8. Water or wastes having a pH lower than 5.5 or higher than IL0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works; 2026-08-12 Item #01 Special Meeting Page 54 of 169

10. Water or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

11. Unusual volume of flow or concentration of wastes constituting slugs" as defined in Section 18. 020; 01.

12. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City Engineer in compliance with the applicable state or federal regulations;

13. Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or

14. Water or wastes containing substances which are not amenable to treatment or reduction by the treatment processes normally employed.

18.2004.Pumping Interceptors/GreaseTraps.

A. No person shall discharge or cause to be discharged any fats, greases, and waxes to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to said structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand interceptors shall be installed when deemed necessary by the City Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other harmful ingredients. All interceptors shah be of a type and capacity
acceptable to the City Engineer and shall be located as to be readily accessible for cleaning and inspection.

C. All grease, oil, and sand interceptors shall be maintained in continuously efficient operation at all times by the owner at his expense. In the maintaining of these interceptors, the owner shall be responsible for the costs and the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the City Engineer. 2026-08-12 Item #01 Special Meeting Page 55 of 169

18.3004.Surcharg~ Any person who discharges or causes to be discharged into the public sewers any water or wastes having more that 200 mg/1 of inorganic or 400 mg/l of
organic grease or oil shah be obligated to pay a surcharge, occasioned by the extent to which such water or waste contains an excess over the foregoing limitation of concentration, or by the estimated cost of the City services required to remedy the effect of the discharge. 1408.04.Self-regeneratingor Automatic Water Softeners Prohibited.

A. It is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regeneratingwater softener unit, the operation of which may result in the discharge of saline waste into the sewerage facilities, or the discharge of such wastes that might pollute any surface or underground stream, watercourse, lake or body of water, including any underground, natural or artificial storage reservoir, or which might impair or contribute to the impairment of the usefulness of such ~vaters for human or animal consumption, or domestic, agricultural, industrial, or recreational purposes or for any other useful purpose.

B. Self-regenerating water softener units which are found discharging to the City sewer shall be removed on demand of the City Engineer. Should any such installation not be removed on demand of the City Engineer, the City may remove such installation at the expense of the customer or take action to disconnect the premise in accordance with this Title.
1508.04.Septic Tanks. (See Municipal Code Section 11.04. 020, subsections N and O) 1608.04.Violation -- Penalty. For the failure to comply with aH or any part of this Title, any ordinance, resolution or order of the City pertaining to the delivery of public sewer services, in addition to any other penalty or remedy provide by law, the City may discontinue sewer service in accordance with an order of court. Any person violating any of the provisions of this Title is liable to the City for any expense, loss or damage, and for any increase in the cost of maintenance or repair, occasioned by the City as a result of such violation.
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CHAPTER 18.08

SEWER CONNECTION FEES AND SEWER SERVICE CHARGES
010 18.08.Application for Sewer Connections and/or Monthly Sewer Service --Applicant Responsibilitiea ( Ord. 95-16).

A. Applications. Applications for sewer connections and/or sewer service shah be submitted at the Engineering Services Department counter at the Civic Center on prescribed forms provided by the City.

B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant'swillingness and intention to comply with ali ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations. (Ord. 97-04).
020 18.08.Sesver Connection/Capacity Fees.

A. The sewer connection/capacity fee shall be set by ordinance. (See H/S § 5474) Ord. 97-04).

B. Connection/capacity fees and inspection fees are due and payable at the time of application for a Wastewater Discharge Permit. The number of equivalent dwelling units shah be used to compute the amount of the connection fee. (Ord. 97-04).

C. If the proposed connection cannot be made, the fee will be refunded when approved by the City Engineer.
025 18.08.Equivalent Dwelling Unit Determinatio~ (Ord. 98-10).

A. RESIDENTIAL. The number of equivalent dwelling units (EDU) assigned to each structure is determined as follows:

1. Single Family Residence, 1.0 EDU
per each individual dwelling unit, per lot
Includes manufactured homes, and mobile
homes which are on private lots).

2. Residential condominiums 1.0 EDU
per each individual living unit.

3. All apartments and accessory units, 0.8 EDU
regardless of number of bedrooms, per each
individual living unit on the same lot. (Ord. 97-11)
2026-08-12 Item #01 Special Meeting Page 57 of 169

4. Mobile Home and Trailer Parks, per each
individual space. * 0.5 EDU
a. Mobile Home 0.5 EDU
b. Trailer Space 0.5 EDU
c. RecreationalVehicle Park, 0.5 EDU
occupied or not
Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to trailer spaces, as per this ordinance.

B. SCHOOLFACILITIES. COMMERCIAL/INDUSTRIAL/

1. Food Service Establishments.
a. Take-out restaurants with disposable 3.0 EDU
utensils, no dishwasher, and no public
restrooms.
b. Miscellaneous food establishments: 3.0 EDU
ice- yogurtshops, cream/bakeries, or
equivalent (sales on premise only).
c. i. Take-out/eat-inrestaurants with 3.0 EDU
disposable utensils, but with minimum
seating and public restrooms.
ii. Restaurants with re-usable 3.0 EDU
utensils, seating and public minimum
restrooms, includes cocktail bars.

One EDU is assigned for each 6-seatunit
as follows:
1-18 seats = 3.0 EDU (minimum);
Each additional 6-seat unit will be
assigned 1.0 EDU. The number of seats
will be equal to eighty percent of the
maximum occupant load for the eating
area as defined by the current Uniform
Building Code.
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2. Hotels and Motels. *
a. Per living unit without kitchen 0.38 EDU
b. Per living unit with kitchen 0.60 EDU
Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to living units, as per this ordinance.

3. Commercial, Professional, Industrial Buildings, to include Markets, Recreational Facilities, Full-Service Laundries/Dry Cleaners, Mortuaries, and all variations thereof, and
Establishments not Specifically Listed Herein.
a. Any office, store, motor-vehiclewash, or
industrial condominium or establishment.
i. First 1,000 square feet 1.2 EDU
ii. Each additional 1,000 square feet 0.7 EDU
or portion thereof
b. Where occupancy type or usage is unknown
at the time of application for se~ice, the
followingEDU's
shall apply. This shall
include, but not be limited to shopping
centers, industrial parks, and professional
office buildings.
i. First 1,000 square feet of gross 1.2 EDU
building floor area
ii. Each additional 1,000 square feet 0.7 EDU
of gross building floor area.

Portions less than 1,000 square
feet will be prorated.

4. Self-service Laundry, Per Washer. 1.0 EDU

5. Churches, theaters, and auditoriums per 1.5 EDU
each 150 person seating capacity, or
fraction thereof. (Does not include
office spaces, school rooms, day care
facilities, food preparations areas, etc.

Additional EDU's will be assigned for
these supplementary uses.)
2026-08-12 Item #01 Special Meeting Page 59 of 169

6. Schools, to include day-care centers,
boarding schools, or other combined youth
educational, recreational and residential
facilities.
a. Elementary Schools, 1.0 EDU
for 50 pupils or fewer
b. Junior High Schools, 1.0 EDU
for 40 pupils or fewer
c. High Schools, 1.0 EDU
for 24 pupils or fewer.

Additional EDU's shall be prorated based on above values. The number of pupils shall be based on the average daily attendance of pupils at the school during the preceding fiscal year, computed in accordance with the education code of the State of California.

7. Convalescent Homes. *
a. Skilled nursing care facilities, 0.7 EDU/bed
psychological hospitals, convalescent
hospitals; licensed by the Department
of Health.
b. Community Care Facilities with 16 0.5 EDU/bed
or more beds licensed by the State
Department ofHealth.
c. Small Community Care Facilities 0.5 EDU/bed
with 7 to 15 beds licensed by the
County Department of Social Services.
d. Community Care Homes with six or 1.0 EDU
fewer total residents, including
resident staffand housekeepers
to be the same EDU as a single family
residence).

Any accessory facilities such as laundry,
dining, recreational area, residence, etc.,
shall be considered separately in addition
to beds/residents, as per this ordinance.
2026-08-12 Item #01 Special Meeting Page 60 of 169

8. Automobile Service Station.
a. Four gasoline/ natural diesel/gas 2.0 EDU
pumps or less
b. More than four gasoline/diesel/ 3.0 EDU
natural gas pumps
c. Each floor drain connected to sewer 0.5 EDU

9. Warehouse or equivalent, per four 1.0 EDU
fixture unit increment.

10. Other.

In the case of commercial, industrial, and other establishments not included in Commercial/Industrial items ( 1) through ( 9) inclusive, or when the EDU's specified in items (1) through (9) are not representative of actual flow due to the number of employees or type of operation, the number of equivalent dwelling units shall be determined in each case by the City Engineer and shall be based upon the estimated volume and type of wastewater discharge into the sewer. 030 18.08.Sewer Service Charges.

A. The sewer service charges shah be set by ordinance. (See H/S § 5471) B. A sewer service charge is levied and charged upon each premise which discharges sewage that ultimately passes through the City's sewer system. (Ord. 98-10).

C. The property owner of record shah be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City. (Ord. 98-10).

D. Sewer service charges may be collected either through the tax roll of thc County of San Diego, on the property's
water bill, or by issuing a manual bill for payment. The method utilized is determined by the Public Works Director or his designee. (Ord. 98-10).

E. Payment of sewer service charges for new connections shall be paid at the time thc Wastewater Discharge Permit is issued. Ifthe permit is for an existing building the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges. This prorated amount shall be paid at thc time the WastewaterDischargePermitis issued. (Ord. 98-10). 2026-08-12 Item #01 Special Meeting Page 61 of 169
F. Provided, however, in the case of other businesses and establishments that have unusual character insofar as sewage is concerned, the rate shall be established in each case by the City Manager or his designee. The rate so established shall be fixed in consideration of the estimated or actual volume of flow and suspended solids (ss) and/or biological oxygen demand BOD) content from such. (Ord. 98-10).

G. The annual sewer service charges for all properties discharging sewage that passes through the City's sewer system, excluding schools, will be determined by applying the volume sewer charge per hundred cubic feet (HCF) for each customer classification to each parcel as determined by the water utility meter readings. The annual sewer service charges for schools shall be determined by applying the number of equivalent dwelling units (EDU) assigned per the average daily attendance of pupils at the school at the current rate set by ordinance. (Ord. 98- 10).

H. The property owner of record at the time the annual sewer service charge is billed shall be responsible for the sewer service charge associated with the metered water use occurring during the time period in which it is recorded. (Ord. 98-10). 040 18.08. Sewer Service Outside City Limits. When it appears to be in the best interest of the City and the people thereof, the City Engineer may prepare an agreement for property situated outside the City to be permitted to connect to the sewer system. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection]capacity fees, and other conditions of sewer service. (Ord. 98-10) 050 18.08. Refunds, Back Charges, and Changes in Use Resulting in Different Rates, Sewer Service Charges and/or Connection/ Fees. ( Capacity] Ord. 97-04).

C. Refund/Reduction of Sewer Service Charges and/or Connection/Capacity Fees.

The Public Works Director is authorized to allow refunds of annual sewer service charges and/or connection]capacity fees to non-discharging parcel owners and to property owners which have been over-charged for sewer service and/or connection]capacity fees. The Public Works Director is authorized to discontinue charging non-discharging parcels for sewer and to reduce the sewer service charge of over-charged parcels. Only those amounts which were over-charged will be refunded, and without accrued interest. Refunds shall be issued for up to four years in arrears during which the property owner was over-charged for sewer service. (Ord. 98-10). 2026-08-12 Item #01 Special Meeting Page 62 of 169
060 18.08.Exceptions. The Public Works Director or his designee shall have the power to grant exceptions and to establish policies for the granting of such exceptions from the established sewer service charges. Such exceptions shall only be granted when one or more of the following situations exist: (Ord. 98-10).

A. Where the premises are not connected to the sewer system of the City.

B. When water is supplied to premises through a separate water meter and such water is used entirely for irrigation purposes.

C. Where the city has entered into a separate service agreement. 070 18.08.Adiustment of Sewer Service Charges Authority. The Public Works Director or his designee shall have the power to adjust the annual sewer service charge when one or more of the following situations exist: (Ord. 98-10).

C. When water is supplied to premises by more than one water meter and one or more of such additional water meters does not provide water which is discharged into the sewer system.

18. 08008.Calculation of Annual Sewer Service Charge (Ord. 98-10) A. SINGLE FAMILY RESIDENTIALThe annual sewer service charge for single family residential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. For customers of the San Diegnito Water District, the service charge will be based on the two lowest bi-monthly water meter readings from December through May, multiplied by three to arrive at the annual water usage in HCF.

For customers of the Olivenhain Municipal Water District, the service charge will be determined by combining monthly water meter readings from December through May to produce three bimonthly readings. The service charge will be based on the lowest two readings multiplied by three to arrive at the annual water usage. The annual water usage is adjusted by applying a 2026-08-12 Item #01 Special Meeting Page 63 of 169
percentage return to sewer to determine the adjusted annual water usage. The minimum and maximum charges established by ordinance will apply to all single family residential customers whose water utility meter readings fall under or over the established limits.

B. MULTI-FAMILYRESIDENTIAL The annual sewer service charge for multifamily residential customers shall be determined in the same manner as for single-family residential customers. For multi-family residential customers with separate parcels sharing a single water utility meter, the annual total water usage shall be divided among the number of parcels served and applied to each parcel equally. The annual sewer service charge will be based on the adjusted annual water usage for the parcel. The minimum and maximum charges established by ordinance will apply on a per unit basis to all multi-family residential customers whose water utility meter readings fall under or over the established limits.

C. NON-RESIDENTIAL The annual sewer service charge for non-residential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. The annual water usage is based on the prior twelve months metered water usage from May through April for the customer and is adjusted by applying a percentage return to sewer to determine the adjusted annual water usage. A minimum charge has been established for non-residential customers.

D. When less than two full bi-monthly billing periods (four full monthly periods for customers of the Ollvenhain Municipal Water District) of metered water use is available from December through May for residential customers, the median annual water use for that customer classification, as set by ordinance, shall apply.

E. When less than three full bi-monthly billing periods (six full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for nonresidential customers for the prior year, the median annual water use for that customer subclassification, as set by ordinance, shall apply. When more than three full billing periods, but less than six full bi-monthly periods (twelve full monthly periodsfor customers ofthe Olivenhain Municipal Water District) of metered water use is available for non-residential customers for the prior year, the use shall be normalized to one year.

F. When a single water meter serves more than one customer classification on a parcel, the highest strength classification will be used in determining the rate per hundred cubic feet of water usage.

G. When no median annual water use exists for a non-residential sub-classification, the number of equivalent dwelling units assigned to the parcel for the purpose of determining the sewer connection/capacity fees shall be used, multiplied by the median annual sewer service charge for the single family residential customer sub-classification.

H. When the non-residential sub-classification for a customer changes prior to the determination of the annual sewer service charge for the customer, the rate for the new subclassification shall apply and the annual water usage for each customer sub-classification shall be used to determine the annual sewer service charge.
2026-08-12 Item #01 Special Meeting Page 64 of 169

18. 09008.Challenge of Sewer Service Charge Determination ( Ord. 98-10).

A. Administrative Review. The property owner of record or his designee subject to the sewer service charge may apply in writing to the Public Works Director or his designee for an exception or adjustment as hereinabove provided in Sections 18.08. 060 and 18. 070; 08. however, no rebate of fees upon such exception shall be allowed for any fees paid one year or more preceding the filing of such application. The applicant shall complete an official Application for Review of Annual Sewer Service Charge, supplied by the Public Works Department. The applicant shall furnish necessary factual data to' support such application.

The Public Works Director or his designee shall review thc application and approve or deny the application based on the information provided by the applicant.

B. Appeal to City Manager. Upon denial or conditional approval by the Public Works Director or his designee, any applicant dissatisfied with such decision may appeal same to the City Manager.

C. Appeal to City Council. Upon denial or conditional approval by the City Manager, any applicant dissatisfied with such decision may appeal same to the City Council.

Such appeal must be filed in writing with the City Clerk within thirty (30) days after the notice of such decision.
1008.08.Sub-Meters. Ifthe property owner determines that it is in their best interest, a sub-meter may be used to demonstrate to the satisfaction of the City that the percentage of return to sewer is less than the amount calculated for that customer classification. (Ord. 98-10).

A. Readings obtained from sub-meters installed for the purpose of measuring exclusively indoor or outdoor water use in HCF may be used by thc City for the purpose of calculating the annual water usage if the following conditions are met:

1. An application requesting that the water readings from a sub-meter be considered in determining the annual sewer service charge be completed by the customer prior to the installation of a new sub-meter.

2. The use of the sub-meter be pre-approved by the Public Works Director or his designee prior to installation.

3. The sub-meter be connected to a water line exclusively used for indoor or outdoor water use.

4. An annual service charge may be imposed by the respective water agency for the meter reading dur'mg which the usage is recorded. The above-mentioned charge shall be set by ordinance.

B. A penalty will be imposed by the City for any sub-meter found to be tampered with, adjusted, or improperly installed to produce false readings. 2026-08-12 Item #01 Special Meeting Page 65 of 169
CHAPTER 18.12
SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FF~F,

18.12. 010 Purpose It is the purpose of this Chapter to allow a reimbursement connection fee at the time of connection when the sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. The purpose of the reimbursement connection fee is to reimburse the person privately constructing the sewer main which is dedicated to the public and offered to the City. (Ord. 95- 16)

18.12. 020 Procedure
A. The City and the developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City.

B. Upon acceptance of the sewer main by the City in accordance with Section 4742.3 of the Health and Safety Code, the City shall adopt an ordinance imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the City Engineer and City's administrative manual and shall provide funds to reimburse the developer for costs of the main which benefit other property owners which connect to the main. The reimbursement connection fee shall include a 6% per annum simple interest charge to partially compensate developer for his financing costs. The developer shall not be reimbursed for his fair share of the project costs (that portion of the improvement costs that directly benefits his/her development). The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees~ in accordancewith the terms of the reimbursement agreement~ (Ord. 97-04)

18. 03012. Term of Agreement The period over which special connection fees are collected shall be 20years:

18. 04012. Reimbursement of Costs by Benefitin~ Property Owners Conncctinff, When a sewer main extension has been installed and a reimbursement agreement amount has been approved by the City Council, any benefiting property owner, prior to connection to the sewer main~ who has not either himself or through his predecessor in interest contributed toward the cost of such installation, shall pay to the City, in addition to any sewer connection fees required by this Code or any other ordinance of the City, the reimbursement connection fee for such sewer main extension, at the rate provided for by ordinance of the City Council.

Ord. 97-04)
2026-08-12 Item #01 Special Meeting Page 66 of 169
The following sewer reimbursement ordinances have been approved bF the Cit~ Council:

Note: All references to "District" or "Cardiff Sanitation District" means Cit~ or Cit~ of Encinitas.)

18.12.00 William J. Ackerman Reimbursement Connection Fee (92-01). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7, 00750. plus 6% annual simple interest upon the effective date of Ordinance No. 92-01 (December 10, 1992), adopted bv the Board of the District for premises connecting directll~ to the sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the CardiffSanitntlon District," on file in the Office ofthe District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on December 10, 2002.

18.12.20 Philip BocganowsM Reimbursement Connection Fee ( 89-03). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1, 00330.plus 6% annual simple interest computed from the effective date of Ordinance No. 89-03 (April 6, 1989), for premises connecting directly to the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Philip Boc~anowsM and the Cardiff Sanitation District," on file in the Office ofthe District Clerk. This agreement expires on April 6, 1999. 1218.12. RaFmond and LillF Bosch and Mike and Katie Colton Reimbursement Connection Fee (96-01). In addition to anl~ other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,1112.plus 6% annual simple interest computed from the effective date of Ordinance No. 96-01 (March 29, 1996), until paM for equivalent dwelling units connecting directlF to the sewer facility known as CS183 located in Fortuna Ranch Road, generallF west of Rancho Summit Drive and east of Akita Lane in Oiivenhain, as more full~ set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 ~ears from the effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the District retains an administrative fee which is 5% ofthe gross reimbursement connection fee.

This agreement expires on March 29, 2016.
1228.12. Gar~ Bukamier Reimbursement Connection Fee (96-02). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $16, 56723.plus 6% annual simple interest computed from the effective date of Ordinance No. 96-02 (Januar~ 17, 1997), until paid for equivalent dwelling units connecting individual lateral(s) directlF to the sewer facilit~ known as CS121 running easterl~ in Fortuna Ranch Road, thence northerlF and thence easterlF in Bukamada Lane in Olivenhain, as more fullF set forth in the agreement filed in the Office ofthe District Clerk. This section shall have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on Januar~ 17, 2017.
2026-08-12 Item #01 Special Meeting Page 67 of 169

18.40 ( 12. Reserved: C)
1608.12. Du Vivier Compan~ Reimbursement Connection Fee ( 86-58). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1, 00240. per primarv beneftting acre and $620.00 for each secondar~ bene[.tting acre that flows directly or indirectly through the sewer line PC1846) plus 6% annual simple interest for premises connecting directl~ or indirectlg to the sewer line as shown on plan attached as Exhibit " A' to the "Reimbursement Agreement Between Du Vivier Company and the Cardiff Sanitation District"~ on ['tie in the Of[.tce of the District Clerk. This agreement expires on Januar~ 16, 2007. 180 ( 18.12. Reserved: E)
200 ( 18.12. Reserved: F)
220 ( 18.12. Reserved: G)
240 ( 18.12. Reserved: H) Stephen and Karen Hoffman Reimbursement Connection Fee (98-03). In addition to any other fees for connections to sewer lines within the District,, there is established a reimbursement fee of $0111,140. plus 6% annual simple interest computed from the effective date of Ordinance No. 98-03 (July 24, 1998) until paid for equivalent dwelling units connecting directly to the sewer facllitg known as CS193 located in Sereno View Lane, generalir south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement ['tied in the Of['tce ofthe District Clerk.

This section shall have no further effect on and after 10 Fears from the effective date of Cardiff Sanitation District Ordinance No. 98-03. This agreement expires on July 24, 2008. 260 ( 18.12. Reserved: I)
280 ( 18.12. Reserved: J)
300 ( 18.12. Reserved: K)
320 ( 18.12. Reserved: L)
340 18.12. Michael J. Mahon Reimbursement Connection Fee (91-04). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2, 16264.plus 6% annum simple interest upon the effective date of Ordinance No. 91-04 (October 10, 1991), adopted bl~ the Board of the District for premises connecting directlF to the sewer line (PC1989) as shown on plan attached as Exhibit A to the "Reimbursement Agreement between Michael J. Mahon and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on October 10, 2001.
341 18.12. C. Samuel and Anne Marusco Reimbursement Connection Fee (99-01).

In addition to anl~ other fees for connections to sewer lines within the District, there is 2026-08-12 Item #01 Special Meeting Page 68 of 169
established a reimbursement fee of $9, 05466.plus 6% annual simple interest computed from the effective date of Ordinance No. 99-01 (JulF 30, 1999) until paid for equivalent dwelling units connecting directlF to the sewer facilit~ known as CS073 located in Cole Ranch Road, generallF south of Lone Jack Road in Olivenhain, as more fullF set forth in the agreement flied in the Office ofthe District Clerk. This section shah have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This agreement expires on JulF 30, 2019.
360 ( 18.12. Reserved: 1X9
380 18.12. Patrick O'Connor Reimbursement Connection Fee (89-02). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1, 00900.plus 6% annual simple interest computed from the effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directlF to the sewer line (PC1814) us shown on plan attached us Exhibit A to the " Reimbursement Agreement Between Patrick O'Connor and the Cardiff Sanitation District, ' on ['tie in the Office ofthe District Clerk. This agreement expires on April 6, 1999.

18.12. 381 Olivenhain Sewer Joint Venture ( John Cover) Reimbursement Connection Fee (93-01). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4, 00012.plus 6% annual simple interest computed from the effective date of Ordinance No. 93-01 (JulF 9, 1993), for premises connecting directlF to the sewer line (PC1889, PC1906) as shown on plan attached as Exhibit A to the "Reimbursement Agreement, on ['tie in the Of[ice ofthe District Clerk. The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee. This agreement expires on Jull, 9, 2003. 400 ( 18.12. Reserved: P)
420 ( 18.12. Reserved: O)
440 18.12. Michael RileF Et A1 Reimbursement Connection Fee ( 93-06). In addition to anF other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $3, 00966.plus 6% annual simple interest computed from the effective date of Ordinance No. 93-06 (Februar~ 11, 1994), until paid for equivalent dwelling units connecting directlF to the sewer facilit~ know as CS025 running South in Rancho Santa Fe Road, thence westerlF in I~hisper }Find Drive in Olivenhain, us more full~ set forth in the agreement flied in the Office ofthe District Clerk. This section shall have no further effect on and after 20 Fears from the effective date of Cardiff Sanitation District Ordinance No. 93-06 (this agreement expires on Februar~ 12, 2014). The agreement states that the District retains an administrative fee which is 5% of the gross reimbursement connection fee.

18. 460 ( 12. Reserved: S)
2026-08-12 Item #01 Special Meeting Page 69 of 169
480 18.12. Paul Trester Et A1 (9th Street Extension) Reimbarsement Connection Fee (93-04). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2, 00460. plus 6% annual simple interest computed from August 4, 1983 until paid for equivalent dwelling units connecting directlF to the sewer facility lOtown as PC1614 running north in Cole Ranch Road thence westerly in Ninth Street in Olivenhain, as more fully set forth in the agreement filed in the Office ofthe District Clerk. This section shah have no further effect on and after August 4, 2003. The agreement states that the District retains an administrative fee which is 5% ofthe gross reimbursement connection fee.
500 ( 18.12. Reserved: U)
520 ( 18.12. Reserved: IO
540 18.12. Rag Wal{eham Et A1 Reimbursement Connection Fee (93-03). In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $4, 00316.plus 6% annual simple interest computed from the effective date of Ordinance No. 93-03 (November 12, 1993), until paid for equivalent dwelling units connecting directly to the sewer facility known as CSI 08 running West in Ninth Street, thence northwesterlF in Sereno View Road in Olivenhain, as more fullF set forth in the agreement filed in the Office ofthe District Clerk. This section shall have no further effect on and after 10 Fears from the effective date of Cardiff Sanitation District Ordinance No. 93-03 this agreement expires on November 12, 2003). The agreement states that District retains an administrative fee which is 5% ofthe gross reimbursement connection fee. 560 ( 18.12. Reserved: JO
580 ( 18.12. Reserved: I9
600 ( 18.12. Reserved: Z)
2026-08-12 Item #01 Special Meeting Page 70 of 169
CHAPTER 18.16

SEWER CONSTRUCTION REQUIREMENTS
010 18.16. Purpose The purpose of this Chapter is to specify some of the City's requirements relating to sewer construction. (Ord. 95-16)

18.16. 020 Sewer Utility Holes Must be Accessible by City Maintenance Vehicles. The developer shall be required to grade an access road to maintain any public sewers constructed within easements and may be required to dedicate additional access easements to maintain the public sewers. All of the sewer utility holes must be accessible by vehicle. In order to be accepted into the City's publicly maintained sewer system, all new sewer mains shall be constructed only within maintained roadways that have all-weather surfacing. 030 18.16. Installation of Sewer Lateral Connections from Main to the PropertF Lines are Requiredfor UnconnectedProperties When a Sewer Main is Constructed When a sewer main is constructed as part of a public right of way improvementplan, the developer is required to install sewer lateral connections to the property liue for each developed, unconnected lot that could be served by that sewer main. This is to limit the construction on newly improved public roadways. In addition, the developer is required to show the all lateral locations on the improvementplan installed by the developer.

18. 04016. Cost of Sewer Lateral Construction. Thc expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the applicant. Sewer lateral work in the public right of way requires a City permit.
050 18.16. Separate Sewer Laterals. Separate sewer laterals are required for each single family dwelling, and condominium. However, a separate sewer lateral is not required for an approved accessory unit to a single family dwelling, on the same lot. Every separate residential building or other building on one lot connected to the sewer main shall be separately and independently connected with the City sewer system. The exception to this rule, is the situation where there is a building in the rear of a lot without access to any other available sewer main. In this case, it may be connected with the sewer of the building in the front of the same lot.

All condominiums shall have separate connections, unless a homeowner's association is formed to manage and maintain the private sewer lateral.

18. 06016. Privately Owned Sewer Pumps. Private sewage discharge pumps may be permitted only ifit can be determined that no other alternatives exists or that an unnecessary hardship is thereby created. Sewer pump proposals will require the applicants to have a civil engineer review the alternatives and submit theirfinds to the City Engineerfor review. Ifthe sewer pump is permited, the property owner will assume all liability and responsibility associated with the maintenance and operation ofthe sewage pump.
2026-08-12 Item #01 Special Meeting Page 71 of 169
070 18.16. No Surface Water Connection Allowed to the Sewer System- No person shall make connection of roof downspouts, exterior foundation drains or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public sewer.
080 18.16. Excavations to be Properly Barricaded and Noticed. AH excavations for building sewer installation shall be adequately guarded with barricades, lights, and signage so as to protect the public from hazard. Streets, sidewalks, parkways, sewer easements and other public property disturbed in the course of the work shall be restored in a timely manner, to the
satisfaction of the City.
090 18.16. Sewer Utility Easementa Sewer utility easements shall be obtained for ali sewer main extensions, except for sewer mains to be located within a public street. Under no circumstances shall any structure be placed over or around any sewer main or extension, or within a City utility easement, unless an encroachment permit has been granted by the City Engineer.

18.16.00 Inspection Inspection of aH sewer construction shall be made by personnel of the City or its authorized representative as deemed necessary by the City Engineer.

Sewer construction shah include, but not be limited to sewers, pump stations, treatment plants, pretreatment facilities, food establishment facilities, or other facilities which discharge grease and oils that may cause blockages. Inspections may be made to determine that such facilities are being adequately maintained and operated and meet the provisions of this Code. Sewer facilities under construction shah be inspected periodically or as deemed necessary by the City Engineer to assure that construction conforms to the intent of the approved plans and specifications, City design standards and other applicable codes. No person shah bury or backfill new sewers or laterals until inspected by personnel of the City or its authorized representative. No person shall interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer construction.
1108.16. Responsibility for Damages to Sewers or Streets by Person Doing Worl;, Any person who shall do or cause to be done work provided for in this Chapter shall be liable for any damage to any sewer or to any public street or to any other public property. 1208.16. Sewer ConstructionPermit~
A sewer construction permit must be issued before the material sewer connection can be made to the public sewer system. Prior to a sewer connection permit being issued the property must be within the jurisdiction of the City's sewer system, and the wastewater discharge permit fees paid, as well as all other required sewer fees. In cases of sewer lateral installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits. Right- wayof-construction permits are required when sewer construction permits are issued for work in the public right- way. of-The cost of ali soils and material testing, as well as the cost of any necessary special inspection, shall be directly borne by the applicant/developer. The applicant shall provide security guaranteeing proper completion of the work conforming to Section 23.36. 130.D of the City of Encinitas Municipal Code. A 2026-08-12 Item #01 Special Meeting Page 72 of 169
sewer construction permit shall be valid for a
length of time not to exceed one year from the
date of issuance. (Ord. 97-04)

18.2516.Requirements and Standards - Cit~ Engineer authorization The City Engineer may authorize exceptions to requirements and standards contained in this Chapter subsequent to issuing a finding ofpracticality and substantial consistency with the intent ofthis Code to the City Manager. The City Engineer may impose conditions on any said exception necessary to preserve the intent ofthis Code.

18.16.30 Sewer Lateral Cleanout Covers Required. Cleanout caps or plugs are required on all cleanouts installed on sewer laterals and on all access points to the lateral.

The cleanout above-ground access points shall be closed and water tight. CUPC707.1) Ord. 97-04)
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CHAPTER 18.20

COST RECOVERY FOR PROTECTIVE SEWER SERVICES

18. 01020. Purpose The purpose of this Chapter is to establish procedures for obtaining reimbursement from responsible persons for the expenses of any emergency response by the City to protect the public from sewage spills and other health and safety concerns related to sewage. (Ord. 95-16)

18. 02020. Sewage Spills are Unlawful In accordance with the Health and Safety Code Section 4476, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section 1. 03008.of the City of Encinitus Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a
public nuisance.

18. 03020. ReimbursementsRequired. A person who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the City for the costs incurred. If the person does not immediately correct the cause and/or the resulting health and safety problem, then the City is hereby authorized to correct the problem situation at the person's expense. 040 18.20. Report City personnel involved in an emergency response shall submit a report to the Public Works Director indicating:

A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the City and the basis of the determination regarding responsibility.

18. 05020. Notice to Responsible Party.

A. If it is reasonably likely that the party identified in the report is responsible for reimbursing the City, the Public Works Director may submit a demand to the identified party.

The Public Works Director is authorized to accept a reasonable offer of reimbursement.

18. 06020. Action by City Council If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution:

INDUSTRIAL WASTEWATER PRETREATMENT
010 18.24. Titl~ This Chapter shall be known as the "City of Encinitas Industrial Wastewater Pretreatment Ordinance." (Ord. 95-16)
020 18.24. Purposa The purpose of this Chapter is to provide for the maximum beneficial public use of the City's wastewater system through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City's costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by Encina Wastewater Authority, San Elijo Joint Powers Authority, and other regulatory bodies.
030 18.24. Scope. This Chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this Chapter shall apply to the direct or indirect discharge of all waste into the City's sewer system. This Chapter provides for the regulation of sewer construction in areas within the former Encinitas Sanitary District and Cardiff Sanitary Division boundaries, the quantity and quality of discharged wastes, the degree of wastewater pretreatment required, provision for fees and charges, the issuance of permits for industrial wastewater discharge, and the establishment of penalties for violation of the ordinance codified in this Chapter.

18. 04024. Adherence to Pretreatment Ordinance of Encina Wastewater Authority.

The City of Encinitas is a member of the Encina Wastewater Authority and therefore has adopted the Encina Wastewater Authority's
Pretreatment Ordinance. No user shall contribute
or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the Encina Wastewater Authority'sPretreatment Ordinance, on file in the Office of the City Clerk of the City of Encinitas, and any amendments thereto. In the event of any inconsistencies between regulations approved by Encina Wastewater Authority, the City Council and other regulations adopted by the City, the more restrictive regulations shall apply 045 18.24.Adherence to Pretreatment Sections ofthe Encinitas Municipal Code. No user shall contribute or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the Encinitas Municipal Code Sections on Pretreatment, onfile in the Office ofthe City Clerk, and any amendments thereto. In the event of any inconsistencies between regulations approved by the City of Encinitas Municipal Code Sections on Pretreatment, and San Eiijo Joint Powers Authority, and other regulations adopted by the City, the more restrictive regulations shall apply.
050 18.24. Industrial Wastewater Discharge Permit Required. No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the City, any industrial waste unless the City Engineer determines that such discharge meets the industrial waste discharge standards established by the rules or regulations adopted as herein provided, in which case no industrial waste permit shah be required. If the discharge does not 2026-08-12 Item #01 Special Meeting Page 76 of 169
meet the industrial waste discharge standards established by this Title, then an industrial waste discharge permit is required.
060 18.24. Issuance of Industrial Wastewater Discharge Permit Industrial wastewater permits :ha!! may be co-issued by the City and the Encina Wastewater Authority or by the City andSan Elijo Joint Powers AuthoriO~, according to this Code and Encina Wastewater Authority or San El~] oJoint Powers Authority regulations. No person shah discharge or cause to be discharged any industrial wastewaters directly or indirectly to sewerage facilities without first obtaining a permit for industrial wastewater discharge. The permit for industrial wastewater discharge may require pretreatment of industrialwaste before discharge, restriction of peak flow discharges, prohibition of discharge of certain waste components, restriction of discharge to certain hours of the day, payment of additional charges to defray increased costs created by the waste discharge, and such other conditions as may be required to effectuate the purpose of this Chapter.

No permit shah be issued to any person to discharge industrial waste into the sewer system of the City if such discharge will be a hazard or danger to the health or safety of any person or to the property of any person or if such discharge will result in a danger to the capacity, construction, use or proper performance or utilization of the sewer system or be otherwise detrimental or injurious to such systems or either of them, and unless the applicant has complied with aH state, federal, and local laws and with all the provisions of this Code and with all applicable rules and regulations adopted as provide for in this Title.
070 18.24. Fees for Industrial Wastewater Discharge Permits. Fees may be charged by the City for industrial wastewater discharge permits, for both the issuance of original permits and renewals.

18.24. 080 Pretreatment Plans Required. In the event the City Engineer determines that pretreatment is required to make the waste acceptable, the applicant shah be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shah be included within and become a part of the original application. A permit shah not be issued until such plans, specifications and operational procedures have been reviewed and approved by the City Engineer.
090 18.24. Access for Monitorin~ When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastewater shall install monitoring and recording equipment, and a suitable control access hole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such access hole shall be readily accessible and safely located, and shah be constructed in accordance with plans by the City Engineer. The access hole shall be installed and maintained by the owner at the owner's expense.

If no special access hole is available, the sampling location shah be determined by the City Engineer - which may be the nearest downstream utility hole from the point at which the building sewer is connected.
2026-08-12 Item #01 Special Meeting Page 77 of 169

18.0024. Self-monitoring and Reportin~ All industrial users shall be subject to selfmonitoring and reporting requirements. The requirements for each applicable user shah be determined by the City Engineer and included in the user's discharge permit. 1108.24. Public Access to Information. Information and data provided by an industrial user identifying the nature and frequency of a discharge shall be available to the public without restriction. Any information or data which is submitted or which may be furnished by a user in connection with required periodic reports shall also be available to the public unless the user or other interested person specifically identifies and is able to demonstrate to the satisfaction of the City Engineer that the disclosure of such information or a particular part thereof to the general public would divulge methods or processes entitled to protection as trade secrets.
1208.24. Revisions to Permits. The City Engineer shall be empowered to revise discharge permit requirements to comply with evolving federal, state, and local laws. Permit revisions or modifications shah not be inconsistent with applicable federal pretreatment standards.

18.24.30 Permit Expiration, Transference, Revocation or Suspension. Any permit issued in accordance with the provisions of this Chapter shall be valid for a specified period, and is not transferable unless such permit is revoked or suspended as provided in this Title and in the rules and regulations adopted pursuant thereto.
1408.24. Violation -- Disconnection of Facilities -- Reconnection Charga The City Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable state, federal or local laws or this Chapter or of any of the rules and regulations adopted in the manner provided for herein. The City Engineer, in accordance with the law, may disconnect from the public sewer any connection to a sewer, main line sewer, or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state, or local law or this Chapter or the rules and regulations adopted as provided for in this Chapter.

When a premises has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid. 1508.24. Notice of Intention to Disconnect Premises, The City Engineer shah give not less than five days notice of intention to disconnect the premises or to suspend or revoke a permit, stating the reasons therefore, and may grant a reasonable time for elimination of the violation; provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of the persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shah be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, registered or certified, return receipt requested, or by posting such notice on the premises. 2026-08-12 Item #01 Special Meeting Page 78 of 169

18.6024. Enforcement The City Engineer is charged with the duty of enforcing the provisions of this Chapter and the rules and regulations adopted as provided in this Chapter.

The City Engineer and the City/Encina Wastewater Authority's duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times, and during operating hours of businesses for the purpose of inspection, observation, measurement, sampling, testing, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provide in this Chapter. 2026-08-12 Item #01 Special Meeting Page 79 of 169
City of Encinitas, CA
1 Title 18

SANITARY SEWER
Chapter 18.01

GENERAL PROVISIONS
§ 18.01.010. Purpose.
§ 18.01.015. Scope and Application of
Other Laws.
§ 18.01.020. Authority; Severability.
§ 18.01.030. Definitions.
§ 18.01.040. Grammatical
Interpretation.
§ 18.01.050. Administration;
Enforcement.
§ 18.01.060. Violation.
§ 18.01.070. Penalties for Violation;
Reimbursement of City
Costs.
§ 18.01.080. Inspection and Testing.
§ 18.01.090. Surcharge.
§ 18.01.100. Disconnections
Authorized.
§ 18.01.110. Reconnection Permit;
Reimbursement of
Disconnection Costs.
§ 18.01.120. Enforcement Measures in
Case of Delinquency.

Chapter 18.04

GENERAL SEWER REGULATIONS
§ 18.04.010. Title.
§ 18.04.020. Purpose of Rules and
Regulations.
§ 18.04.030. City to Furnish Sewer
System.
§ 18.04.035. Discharge to Sewer System
Without Permit
Prohibited; Sewer
Connection Application
Required; Approval of
Application.
§ 18.04.040. Sewer Service and
Connection Conditions.
§ 18.04.050. Unlawful to Make Sewer
Connection without
Payment of Fee.
§ 18.04.060. Sewer Service Outside City
Limits.
§ 18.04.070. Right to Inspect and Enter
Private Property for Work
within Sewer Easements.
§ 18.04.080. Maintenance of Sewer
Lateral.
§ 18.04.090. Restrictions Relating to
Use of Public Sewers.
§ 18.04.100. Self-Regenerating or
Automatic Water Softeners
Prohibited.
§ 18.04.110. Septic Tanks.
§ 18.04.120. Pumping Interceptors/
Grease Traps.

Chapter 18.08

SEWER SERVICE CHARGES
§ 18.08.010. Sewer Service Charges
Established.
§ 18.08.020. Responsibility for Payment of
Sewer Service Charge.
§ 18.08.030. Method of Collection.
§ 18.08.040. Payment for New Connections:

SANITARY SEWER

2 § 18.08.090. Administrative Review and
Adjustment of Sewer Service
Charge Calculation.

Chapter 18.10

SEWER CAPACITY FEE
§ 18.10.010. Establishment of Sewer
Capacity Fee.
§ 18.10.020. Sewer Capacity Fee.
§ 18.10.025. Equivalent Dwelling Unit
Determination.
§ 18.10.030. Authority of Director of Utilities.

Chapter 18.12

SEWER CONSTRUCTION

REIMBURSEMENT CONNECTION FEE
§ 18.12.010. Purpose.
§ 18.12.020. Procedure.
§ 18.12.030. Term of Agreement.
§ 18.12.040. Reimbursement of Costs by
Benefiting Property Owners
Connecting.

Chapter 18.14

RESERVED
Chapter 18.16

SEWER CONSTRUCTION

REQUIREMENTS
§ 18.16.010. Purpose.
§ 18.16.015. Definitions.
§ 18.16.020. City Right of Way Permit
Required.
§ 18.16.030. Sewer Construction Permits
Required; Security Required.
§ 18.16.040. Sewer Easements Required.
§ 18.16.050. Access for City Maintenance
Vehicles Required.
§ 18.16.060. Developer to Install and Map
Sewer Lateral Connections.
§ 18.16.070. Separate Sewer Laterals: When
Required.
§ 18.16.080. Developer to Pay Cost of
Sewer Lateral.
§ 18.16.090. Private Sewer Laterals.
§ 18.16.100. Privately Owned Sewer Pumps.
§ 18.16.110. No Surface Water Connection
Allowed to the Sewer System.
§ 18.16.120. Inspection.
§ 18.16.130. Responsibility for Damage to
Sewers or Streets by Person
Doing Work.
§ 18.16.140. Requirements and Standards –
Authorization.

Chapter 18.20

COST RECOVERY FOR PROTECTIVE

Chapter 18.24

INDUSTRIAL WASTEWATER

SANITARY SEWER

3 § 18.24.080. Pretreatment Plans Required.
§ 18.24.090. Access for Monitoring.
§ 18.24.100. Self-Monitoring and
Reporting.
§ 18.24.110. Public Access to Information.
§ 18.24.120. Revisions to Permits.
§ 18.24.130. Permit Expiration,
Transference, Revocation or
Suspension.
§ 18.24.140. Violation—Disconnection of
Facilities—Reconnection Charge.
§ 18.24.150. Notice of Intention to
Disconnect Premises.
§ 18.24.160. Enforcement.
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City of Encinitas, CA

SANITARY SEWER

4 CHAPTER 18.01

GENERAL PROVISIONS

§ 18.01.010. Purpose.

It is the purpose and intent of this title to protect the public health, safety and welfare by providing for the maximum beneficial public use of the City's sewer system through adequate regulation of sewer construction, sewer use and wastewater discharge, to provide for equitable distribution of the City's costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by other regulatory bodies.
(Ord. 95-16)
§ 18.01.015. Scope and Application of Other Laws.

This title governs the construction, maintenance, and use of sewer facilities within the City of Encinitas Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) boundaries. It is not a substitute for other laws and regulations governing the construction and use of sewer facilities within CSD and ESD, including permitting requirements of other public agencies, such as the Encina Wastewater Authority (EWA), and the San Elijo Joint Powers Authority (SEJPA). Owners and customers are solely responsible for ensuring compliance with this Title and all other applicable non-City regulations and permitting requirements.
§ 18.01.020. Authority; Severability.

A. Authority. The provisions of this title are enacted pursuant to authority under Section 7 of Article XI of the California Constitution, California Government Code Sections 38900 through 38902 inclusive, Chapter 6 (commencing with Section 54300) of Part 1, Division 2 of Title 5 of the California Government Code (the “Revenue Bond Law of 1941”), Chapter 5 (commencing with Section 4950) of Part 3, of Division 5 of the California Health and Safety Code, and other provisions of California law.

B. Severability. Whenever possible, each provision of this Title and its application shall be interpreted in such manner as to be effective and valid under applicable law. If a court of competent jurisdiction holds any provision of this Title, or its application, to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Title.
§ 18.01.030. Definitions.

SANITARY SEWER

5 “City Engineer” means the City Engineer of the City of Encinitas, or that person’s designee. “Connect” means physically link to.
"Cost" means the cost of labor, material, transportation, supervision, engineering, environmental documentation, permitting, and all other necessary overhead expenses. "Customer" means any person, firm, association, corporation, or government agency served or entitled to be served sewer service by the City for compensation.
"Developer" means any person or group of persons, including contractors, corporations, or public entities, who request to extend or connect to the sewer system.
“Director of Utilities” means the Director of Utilities of the City of Encinitas, or that person’s designee. “Discharge” means allow a liquid, gas, or other substance to flow out from where it has been confined. "Equivalent dwelling unit (EDU)" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality. "Extension" means an extension of an existing sewer main. "Fiscal year" means the period from July 1 to June 30, both inclusive. "Food Waste" means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food.
"Grease" means any material which is extractable from an acidified sample of water by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils.
"Grease interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater.
"Industrial waste" means solid, liquid, or gaseous substances discharged or flowing from an industrial, manufacturing, or commercial premises resulting from manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature. "Industrial wastewater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater. "Interceptor line" refers to a large diameter sewer line to which many trunk lines are connected and which serves the primary purpose of transporting sewage from trunk lines to the publicly owned treatment works (POTW).
"Main" or "sewer main" is a sewer pipeline in the sanitary sewer system of the City. Individual service laterals discharge sewage into sewer mains which convey the sewage toward trunk lines and interceptor lines and ultimately to the Wastewater Treatment Plant. "Maximum charge" refers to the maximum amount residential accounts can be charged for annual sewer service. This amount is based on indoor water usage for a household of six persons. "Median annual water usage" means the annual water use at which exactly half the customers in the classification are under the amount and half the customers are above the amount. "Minimum charge" refers to the minimum amount residential accounts can be charged for annual sewer service. This charge covers the fixed costs incurred by the City in providing sewer service to a customer, regardless of the amount of water usage.
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City of Encinitas, CA

SANITARY SEWER

6 "Multifamily residential" means the residential classification with more than one living unit served by a single water meter, and shall include all residential accounts other than single-family residential. "Nonresidential" means the classification which includes all specified accounts other than single-family residential and multifamily residential customers.
"Owner" or "property owner" means the person owning the fee, the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claims of, or exercising acts of ownership over same for him or herself, or as executor, administrator, guardian or trustee of owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under government lease or license of real property. “Onsite Wastewater Treatment System (OWTS)” means a system on a property not connected to a public sewer, that treats and disposes of sewage and other wastes produced on the property where the system is located using subsurface disposal. OWTS does not include “gray water” systems pursuant to Health and Safey Code Section 17922.12.
"Person" means any individual, property owner, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
"pH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of

7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 indicate acidity.
"Premises" means any lot, piece or parcel of land, building or establishment. "Pretreatment" or "treatment" is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing to the sewer system. "Return to sewer" is the percentage of metered water usage, measured in hundred cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This percentage excludes storm, surface, and groundwaters not intentionally admitted into the sewer system. "Regular sewer service" means the sewer service and facilities rendered for normal domestic and industrial or commercial purposes on a permanent basis and the sewer system available therefor. “Reimbursement Connection Fee” means the fee for connecting to an existing sewer main installed by a private developer that is part of a reimbursement agreement approved by City Council, as described in section 18.12.
"Sanitary sewer or sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
"Self-regenerating or automatic water softener" is a water softener unit which is a water conditioning apparatus such as zeolite and resinous ion-exchange softeners or dimineralizers or other like devices which require the periodic discharge of brine solutions in their operation. “Septic Tank” means an underground, watertight container designed to treat and dispose of domestic wastewater, to 1) Receive wastewater discharged from a building; 2) Separates settleable and floating solids; 3) Digest organic matter by bacterial action; 4) Store undigested solids; and 5) Clarify wastewater for further treatment.
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7 "Sewage" means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems. "Sewer, building or house" means that portion of a pipe or conduit carrying sanitary sewage and/or industrial wastes from a building to the public sanitary sewer or a common sewer. “Sewer Capacity Fee” means a charge for sewer public facilities in existence at the time a charge is imposed or charges for new sewer public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. "Sewer lateral or service lateral" means the service pipes extending from the building to the public sanitary sewer main in a public street, alley or easement--including the connection to the public sewer. It is the connection of any domestic, commercial or industrial sanitary sewer lines to the City's system after the payment of established fees and charges and City approval. "Sewer, private" refers to a privately owned sanitary sewer which is not directly controlled by the City. "Sewer, public" refers to the sanitary sewer system under the jurisdiction of the City and the Wastewater Treatment Plant where the sewage will be processed.
“Sewer Service Charge” means a charge assessed to cover the costs associated with transportation and treatment of wastewater from properties; including operation, maintenance, and improvement of the public sewer system.
"Sewer or sewer system" means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge. This definition includes but is not limited to any property belonging to the City used in the treatment, reclamation, reuse, transportation, or disposal of wastewater or sludge.
"Single-family residential" means the residential classification where one living unit is served by one water meter, with the exception that where two or more living units are attached they are treated as multifamily residential regardless of the number of water meters. “Sludge” shall mean any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.
"Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration of flows during normal operation. "Standard methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association and Water Pollution Control Federation.
"Subclassification" refers to the individual uses arranged under the classification. "Submeter" means a device used in addition to a water utility meter maintained by the San Dieguito Water District or Olivenhain Municipal Water District to measure the water usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor water usage. "Suspended solids" or “SS” means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods. Also, a measure of wastewater strength. 2026-08-12 Item #01 Special Meeting Page 86 of 169
City of Encinitas, CA

SANITARY SEWER

8 "Trunk line" means a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage from sewer mains to the Wastewater Treatment Plant. "Utility hole" is an access to underground utilities. It is also referred to as a manhole. "Wastewater" means waste and water, whether treated or untreated, generated after the use of drinking water, fresh water, raw water, saline water from residential, commercial, and industrial processes, or used water from any combination thereof.
"Wastewater Treatment Plant" means the publicly owned treatment works of the City, or contracted for same by the City.
(Ord. 97-04; Ord. 98-10; Ord. 2002-05)
§ 18.01.040. Grammatical Interpretation.

For the purpose of this title:

A. All words used in the present tense shall include the future; B. All words in the masculine gender shall include the feminine;

C. The word "shall" is mandatory and "may" is permissive; D. All words in the plural number shall include the singular number; and E. All words in the singular number shall include the plural number. § 18.01.050. Administration; Enforcement.

A. The City Engineer, as specified, shall administer, implement, and enforce the provisions of this title.

B. The City Engineer shall make and enforce regulations necessary to the administration of this title. He or she may amend such regulations from time to time as conditions require. These regulations shall be consistent with the general policy established herein by the City Council.

C. The City Engineer may grant an exception to any requirements of this title upon finding that literal compliance with such provision is impossible or impracticable because of peculiar physical conditions of the property caused in no way by the fault of the person requesting such exception and that the purpose of this title will be accomplished and public safety secured by an alternative construction or procedure.

D. The City of Encinitas Code Enforcement Division shall also have the authority to enforce the provisions of this title.
§ 18.01.060. Violation.

A. Every person violating any provision of this Title, including the failure to pay any fee, charge or surcharge imposed by this Title, or any condition or limitation of a permit or plan approval and issued pursuant to the provisions of this Title, shall be guilty of a misdemeanor and, upon conviction thereof, and shall be punishable as set forth in this Code.
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SANITARY SEWER

9 B. The City, upon the authorization of the Council, may sue to recover any amount due the City under the provisions of this Code.

C. Any person who intentionally or negligently violates any provision of this Title pertaining to the subject matter of either subsection A above, cause any of the following conditions, or any condition or limitation related thereto, shall be civilly liable to the City as defined in Ch. 1.08 of this code:

1. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance; and

2. The prevention of the entry of the wastewater into the collecting system and treatment works.

D. In the event of such violation, the City, upon the authorization of the Council, may petition the superior court to impose, assess and recover the sums.

E. The City Engineer shall notify any person found to be in violation of this Chapter, or of any limitation or requirement of a permit or plan approval issued pursuant to this chapter before the City Engineer takes any action to implement subsection A above and this Code; the City Engineer shall take no action to implement subsection A until the elapse of 10 days after the date notice is sent.

F. Unless otherwise provided in this Chapter, any notice required to be given by the City Engineer pursuant to the provisions of this Title shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the City Engineer.

Where the address is unknown, service may be made upon the owner of record of the property involved.

G. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Post Office.

H. Any person who intentionally or negligently violates any provision of this Title or permit condition, or who discharges wastewater which causes pollution, or who violates any cease-and-desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard is guilty of a misdemeanor and shall be liable to penalties imposed by law. § 18.01.070. Penalties for Violation; Reimbursement of City Costs A. Public nuisance. Discharge of wastewater in any manner in violation of this Title or of any order issued by the City Engineer as authorized by this title, is hereby declared a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person creating such a public nuisance is guilty of a misdemeanor.

B. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this Title, or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the City Attorney may cause the City to seek a petition to the Superior Court for the issuance of a temporary restraining order, preliminary or permanent injunction, or all three, as may be appropriate in restraining the continuance of such discharge.

C. Cost of damage. Any person who violates any provision of this Title or who has a discharge which causes a deposit, obstruction, damage or any other impairment to the City’s facilities, shall become liable to the City for all expense, loss or damage, including, but not limited to, investigative expenses, occasioned the City by such violation or discharge. 2026-08-12 Item #01 Special Meeting Page 88 of 169
City of Encinitas, CA

SANITARY SEWER

10 D. Falsifying of information. Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the City Engineer or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this title, shall be guilty of a misdemeanor.

E. Termination of service. The City may revoke any permission to discharge wastewater into the public sewer system or may terminate or cause to be terminated any wastewater service to any premise if a violation of any provision is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance. This provision is in addition to other statutes or rules authorizing termination of service for delinquency in payment. When deemed necessary by the City Engineer for the preservation of public health or safety or for the protection of public or private property, the City Engineer may suspend sewer service to any person using the wastewater system in a manner to endanger the public health and safety, or public or private property.

In suspending service, the City Engineer may sever all pertinent connections to the public sewer. If such endangerment shall be imminent, then the City Engineer may act immediately to suspend sewer service without notice or warning to said person.

F. Criminal prosecution. Violation of any provision of this title is a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $1,000, or by both fine and imprisonment unless the City Attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction, or the court, with the consent of the defendant, determines that the offense is an infraction. Each day on which a violation occurs shall constitute a separate offense.

A. Subject to the obtaining of prior court approval, if necessary under the law, inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s sewer system may be made by and as the City Engineer deems necessary. These facilities shall include, but not be limited to sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities, or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities.

B. Inspections may be made to determine that such facilities are maintained and operate properly and are adequate to meet the provisions of this title.
§ 18.01.90. Surcharge.

SANITARY SEWER

11 § 18.01.100. Disconnections Authorized.

The City Engineer may disconnect from the public sewer any lateral connection which is constructed or connected without a permit or which is used contrary to the provisions of this Title. The City Engineer shall make reasonable effort to notify the owner or occupant of the premises affected by any proposed disconnection and may grant a reasonable time to eliminate the violation as specified in Section

18.01.060.
§ 18.01.110. Reconnection Permit; Reimbursement of Disconnection Costs.

Whenever a lateral connection has been disconnected from the public sewer by the City Engineer as provided in this chapter for failure to comply with the provisions of this title, reconnection shall be made only upon issuance of a permit in writing by the City Engineer. Before such permit is issued, the applicant shall reimburse the City for the cost of the disconnection made, and the City Engineer may require the installation of a monitoring manhole.
§ 18.01.120. Enforcement Measures in Case of Delinquency.

When any fee or charge imposed by this title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordance with the law:

1. Any steps authorized by law to collect fees and charges;

2. Disconnect the premises from the City's sewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States mail with return receipt, or by posting such notice on the premises; the occupant will be given the opportunity for an informal hearing with the City Manager prior to disconnection, and if requested, within five days thereafter appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to occupant will be furnished to the regional office of the County Health Department. When a premises has been disconnected, it shall not be reconnected until all delinquent fees and charges have been paid, together with a charge for such disconnection and reconnection, as established by resolution of the City Council.
(2017-07)
2026-08-12 Item #01 Special Meeting Page 90 of 169
City of Encinitas, CA

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12 CHAPTER 18.04

GENERAL SEWER REGULATIONS
§ 18.04.010. Title.

This chapter shall be known as the "City of Encinitas Sewer Regulations Ordinance." (Ord. 95-16)
§ 18.04.020. Purpose of Rules and Regulations.

The purpose of these rules and regulations is to set forth the terms and conditions under which the City will authorize connections and provide sewer service to customers. § 18.04.030. City to Furnish Sewer System.

The City will furnish a system, works, and infrastructure used for and useful for collection of domestic and industrial sanitary sewage, including all parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract rights, franchises, and other sewage collection facilities and equipment.
§18.04.035. Discharge to Sewer System Without Permit Prohibited; Sewer Connection Application Required; Approval of Application.

A. No person shall place, discharge or dispose of any material, solid or liquid, into the sewer system, or any part thereof; and no person shall connect to the City's sewer system or sewer main without first submitting an application for sewer connection/capacity and obtaining the approval of the City Engineer authorizing such connection.

B. An application for connection to the Encinitas sewer system shall be submitted with appropriate permit to the City on prescribed forms provided by the City.

C. Approval of the application shall be given if the applicant is able to deliver sewage to points and elevations designated by the City, has met all sewer service and connection conditions, and has paid all related fees and charges.
§ 18.04.040. Sewer Service and Connection Conditions.

SANITARY SEWER

13 § 18.04.050. Unlawful to Make Sewer Connection without Payment of Fee.

It is unlawful for any person to connect to the City's sewer system or sewer main without having first paid all fees required by this Title.
(2002-05)
§ 18.04.060. Sewer Service Outside City Limits.

A. All applicants for new connections must be served within the boundary of the City’s Sanitary Divisions or within the sphere of influence of the City’s Sanitary Divisions with a submitted request for annexation into the City through the Local Agency Formation Commission (LAFCO) procedure.

B. When it appears to be in the best interest of the City and the people thereof, the City Engineer may cause preparation of an agreement for a property situated outside the City to be permitted to connect to the sewer system. Such agreement may be made for a temporary or permanent connection to the sewer system, as approved by LAFCO. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service.
(2002-05)
§ 18.04.070. Right to Inspect and Enter Private Property for Work within Sewer Easements.

With the permission of the property owner, the officers, employees, and agents of the City bearing proper credentials and identification shall have the right to enter upon any premises within the City to inspect and determine if this title is being complied with, and for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, replacement and maintenance of any portion of the sewer system on the property.
§ 18.04.080. Maintenance of Sewer Lateral.

A. The property owner serviced by a sewer lateral shall be responsible for preventative and corrective maintenance activities to the lateral. These activities may include, but are not limited to, cleaning, maintaining, repairing, and replacement of the sewer lateral between the connection joint to sewer main and the lateral connection to the structure.

B. The property owner shall do all sewer lateral work at the property owner's sole expense and only after the required permits have been issued.

C. The property owner shall maintain the sewer lateral in free-flowing condition, free of obstructions.

If a sewer lateral obstruction creates a breach or other threat to public health or safety which requires work by the City, the property owner shall reimburse the City for the cost of such work.

D. When notified by the City Engineer or designee, the property owner shall cause corrections to be made to the private sewer lateral within the time frame specified in the notice, using a qualified plumber. Failure to complete the corrections within the time specified in the notice, and any extension granted by the City Engineer or designee, shall be a violation of this Title subject to enforcement and remedies, including but not limited to disconnection, as specified in this Title.

E. Repair or replacement of a sewer lateral on private property shall require a plumbing permit under the California Plumbing Code, and an encroachment permit for work within a public right-of-way or sewer easement (granted to the City) which includes the right of connection to the public sewer. (Ord. 2002-05)
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14 § 18.04.090. Restrictions Relating to Use of Public Sewers.

A. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission from the City Engineer in conformance with adopted regulations.

B. No person shall place, discharge or dispose of any substance into the sewer system except substances of waste materials originating on the premises to which a sewer connection permit has been issued.

C. No one except an employee or representative of the City shall at any time in any manner, unless specifically granted, operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interfere with sewer lines or other parts of the sewer system.

D. No person shall enter, obstruct, uncover, or tamper with any portion of the public sewer, or connect to it, or dispose septic tank/cesspool wastes, or dispose of anything into any sewer and/or sewer utility hole without the written permission of the City Engineer.

E. No person shall willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the City's sewer system.

F. No person shall remove or demolish any building or structures with plumbing fixtures connected directly or indirectly to the public sewer except as follows:

1. The person shall notify the City Engineer prior to commencing work;

2. The person shall ensure that all openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight; and

3. The person shall ensure that the work is inspected by the City Engineer or his/her Representative before being backfilled.

G. No person shall fill or backfill over, cover, or obstruct access to, any sewer utility hole.

H. No person shall erect any improvements, structures, or buildings over public sewers or sewer easements without the written permission of the City Engineer.

I. No person shall discharge industrial waste to the sewer system without a current Industrial Wastewater Permit from the San Elijo Joint Powers Authority or Encina Wastewater Authority as described in Chapter 18.24.

J. Except as hereinafter provided in this section, no person shall discharge or cause to be discharged any of the following described substances, waters or wastes into any public sewer:

1. Specific Prohibited Discharges listed in Encina Wastewater Authority’s Pretreatment Ordinance;

2. Liquid or vapor having a temperature higher than 140 degrees Fahrenheit;

3. Water or waste which may contain more than 200 mg/l for inorganic or 400 mg/l of organic concentration of fats oils, grease, or waxes, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees Fahrenheit;

4. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

5. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance;

6. Paints, or waste products from paint manufacture;

7. Food Waste that has not been properly ground to a size of one-fourth inch or less so that all particles will be carried freely under normal flow conditions in the public sewers;

8. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction 2026-08-12 Item #01 Special Meeting Page 93 of 169
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15 to the flow in or damage to sewers or other interference with the proper operation of the sewerage or water reclamation works;

9. Water or wastes having a pH lower than 5.5 or higher than 11.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works;

10. Water or wastes containing any substance in sufficient quantity to discolor, injure, disrupt or interfere with the normal operation of any sewage or water reclamation treatment process, constitute a hazard to human or animal life, create a public nuisance, or significantly lower the quality of the receiving waters;

11. Water or wastes containing suspended solids of such character or quantity that unusual attention or expense is required to handle such materials at the sewage or water reclamation treatment plant;

12. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Chapter 1 of this Title;

13. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City Engineer in compliance with the applicable state or federal regulations;

14. Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or

15. Water or wastes containing substances which are not amenable to treatment or reduction by the treatment processes normally employed.

16. Water or waste containing substances with a Total Dissolved Solids (TDS) concentration greater than 1,200 mg/L as measured in accordance with Standard Methods for the Examination of Water and Wastewater Method 2540C.

17. Discharge of industrial waste without a current Industrial Wastewater Permit from the San Elijo Joint Power Authority for customers in the Cardiff Sanitary Division or the Encina Wastewater Authority for customers in Encinitas Sanitary Division. § 18.04.100. Self-Regenerating or Automatic Water Softeners Prohibited.

Pursuant to California Water Code Section 13148, it is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regenerating water softener unit, the operation of which may result in the discharge of saline waste into the sewerage facilities, or the discharge of such wastes that might pollute any surface or underground stream, watercourse, lake or body of water, including any underground, natural or artificial storage reservoir, or which might impair or contribute to the impairment of the usefulness of such waters for human or animal consumption, or domestic, agricultural, industrial, or recreational purposes or for any other useful purpose.

Self-regenerating water softener units which are found discharging to the City sewer shall be removed on demand of the City Engineer. Should any such installation not be removed on demand of the City Engineer, the City may remove such installation at the expense of the customer or take action to disconnect the premises in accordance with this title.
§ 18.04.110. Septic Tanks.

See Municipal Code Section 11.04.020, subsections N and O. 2026-08-12 Item #01 Special Meeting Page 94 of 169
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16 § 18.04.120. Pumping Interceptors/Grease Traps.

A. No person shall discharge or cause to be discharged any fats, greases, and oils to the sewer system if their concentration and physical dispersion result in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand interceptors shall be installed when deemed necessary by the City Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the City Engineer and shall be located as to be readily accessible for cleaning and inspection.

C. All grease, oil, and sand interceptors shall be maintained in continuously efficient operation at all times by the owner at his or her expense. In the maintaining of these interceptors, the owner shall be responsible for the costs and the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, amounts, and means of disposal which are subject to review by the City Engineer.
(Ord. 2017-07)
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17 CHAPTER 18.08

SEWER SERVICE CHARGES
§ 18.08.010. Sewer Service Charges Established.

A sewer service charge, as defined in this Title, is levied and charged upon each premise which discharges sewage that ultimately passes through the City's sewer system. Revenues derived from the sewer service charges received and collected by the City of Encinitas may be used for the maintenance, repair, replacement, operation, construction or reconstruction, including debt service payments, and the enforcement of regulations, of any sanitation, storm drainage, or sewerage system of the City of Encinitas.

The City Council shall set the rate and method for calculating the amount of the sewer service charge from time to time by resolution or ordinance in accordance with Health & Safety Code Section 5471 and following.
(Ord. 98-10; Ord. 2002-05)
§ 18.08.020. Responsibility for Payment of Sewer Service Charge.

The property owner of record shall be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City. § 18.08.030. Method of Collection.

A. Except as otherwise specified by this Chapter, sewer service charges shall be collected annually on the property tax roll for the County of San Diego in accordance with Health and Safety Code Section 5473 and following. The charges shall be collected in the same manner, by the same persons, together with, and not separately from, general taxes.

B. Annual sewer service charges for uses that do not appear on the property tax rolls shall be billed directly to the property owner.
§ 18.08.040. Payment for New Connections: Payment Due Date for Direct (Manual) Billing.

A. Payment of sewer service charges for new connections shall be made at the time the wastewater discharge permit is issued.

B. Payment of sewer service charges billed directly (manually) to the property owner is due to the City by April 1 of each year.

1. Payment of sewer service back charges are due within 30 days from the date of bill mailing.
§ 18.08.050. Penalty for Delinquent Sewer Service Charges.

A. A penalty for nonpayment of sewer service charges is hereby established for sewer service charges related to public property and other property that is not billed on the property tax roll. The penalty is 10 percent for nonpayment by the due date specified in this Chapter. An additional penalty of 1 ½ percent per month shall apply for each month a payment remains delinquent.

B. The remedies specified by this Section are in addition to other remedies provided by this Title. 2026-08-12 Item #01 Special Meeting Page 96 of 169
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18 § 18.08.060. Calculation of Sewer Service Charge.

The Director of Utilities, or designee, shall calculate the sewer service charge for each premise at the rate and in the method set out from time to time by City Council ordinance or resolution. Additionally:

A. When multifamily premises share a single meter, the annual water use shall be divided equally among the number of parcels served.

B. When the nonresidential subclassification for a customer has changed prior to the determination of the annual sewer service charge for the customer, the Director of Utilities shall apply the charge set for the premise’s new classification, as determined by the City’s Ordinance or Resolution setting Sanitary Division Sewer Service Rates for the sanitary division in which the premise is located.

C. When a single water meter serves more than one customer classification on a parcel, the highest strength classification shall be used in determining the charge per 100 cubic feet of water usage. For example, if a single water meter serves a commercial business, which falls under Group III Commercial, and a commercial business, which falls under Group IV Commercial, the sewer service charge will be determined using the Group IV Commercial water usage rate.

D. When a wastewater permit is issued for an existing building, the sewer service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges.

E. For premises not categorized by the current Ordinance or Resolution Setting Sanitary Division Sewer Service Rates, the charge shall be calculated in each case by the Director of Utilities or designee upon the Director’s initiative or at the request of the property owner submitted with the application for wastewater permit. The charge so calculated shall be fixed in consideration of the estimated or actual volume of flow and suspended solids (SS) and/or biological oxygen demand (BOD) content from such and shall not exceed the reasonable cost to provide the services for which the charge is imposed.

F. The annual sewer service charges for schools shall be determined by applying the number of equivalent dwelling units (EDUs) assigned per the average daily attendance of pupils at the school at the current rate set by ordinance. The City Engineer may assign EDUs for Commercial/School/Industrial Waste Generators/Facilities, based on the methods and criteria described in the adopted Sewer Capacity Fee Study.
(Ord. 98-10; Ord. 2002-05; Ord. 2024-01, 3/13/2024; Ord. 2025-14, 11/12/2025) § 18.08.070. Submeters.

Any property owner may apply to the City for permission to install and use a submeter, as defined by this Title, for measuring water use and calculating the annual service charge.

A. No submeter shall be installed until all of the following occur:

1. A completed application has been made to the Utilities Department Wastewater Division on a form prescribed by the City and is accompanied by an initial processing fee in the amount set by City Council Resolution.

2. The Director of Utilities, or designee, approves use of the submeter.

B. The Director of Utilities, or designee, may use readings obtained from an approved submeter to calculate annual water use when all of the following apply:
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19 1. The property owner has installed and has at all times maintained the submeter in accurate working condition.

2. The property owner has connected the submeter to a water line exclusively used for indoor or outdoor water use.

3. The property owner has provided and maintained clear access to the submeter to allow City personnel to read it.

4. The property owner has paid a one-time initial fee upon application approval.

5. The property owner is not delinquent on payment of the annual processing fee and, if applicable, any miscellaneous fees, in an amount set by City Council resolution.

C. For approved submeters that comply with the conditions above and track outdoor water use, a sewer service fee based on the total annual flow to the potable meter less outdoor usage will be charged, with no winter month adjustment or any percentage return to sewer adjustment and no five-year averaging.

D. For approved submeters that comply with the conditions above and track indoor water use, a sewer service fee based on the total annual flow to this meter will be charged, with no winter month adjustment or any percentage return to sewer adjustment and no five-year averaging.

E. After the effective date of this ordinance and any resolutions adopted pursuant to this section, the Director of Utilities shall apply the current non-submeter sewer service rate calculation to properties that do not comply with the conditions set out above in this section.

F. For properties with approved submeters which lack an entire year of water consumption data due to application approval part way through the billing cycle, and which otherwise comply with this section, the owner will be billed the Median Usage Charge according to their customer classification for the first billing period only. Approved submeter users will be billed in subsequent years according to 18.08.070(C) and (D).
(Ord. 2002-05; Ord. 2024-01, 3/13/2024)
§ 18.08.080. Authority of Director of Utilities to Adjust Charges.

The Director of Utilities shall have the authority to adjust charges made or due under this Chapter in order to more precisely reflect the amount of a particular premise’s discharge to the City’s sewer system. The Director shall exercise this authority as follows:

A. After review following the application of a property owner as provided in this Chapter; or B. In the Director’s discretion where it appears:

1. The premise has not been connected to the City’s sewer system; or

2. An approved submeter has been installed and maintained as provided in this Chapter; or

3. The underlying use has changed during the billing period; or

4. The premises is subject to a separate service agreement; or

5. The charge otherwise applicable to the premises does not accurately reflect the premises’ discharge to the City’s sewer system.
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20 C. Back charges may be imposed up to three years in arrears, according to California Code of Civil Procedure 338.

D. Refunds shall be issued for up to 180 days in arrears during which the property owner was over- charged for sewer service, according to California Government Code 53082. § 18.08.090. Administrative Review and Adjustment of Sewer Service Charge Calculation.

A. A property owner of record, or that person’s designee, who believes in good faith and on reasonable grounds based upon available facts and information that the sewer service charge imposed upon his or her property is unfair, incorrect, or improperly charged may apply for review and adjustment of the service charge.

1. Applications shall be in writing on a City form submitted with any applicable processing fee established by resolution of the City Council.

2. Applications for review shall be submitted to the Director of Utilities within thirty days from the date of receipt of the initial sewer service charge notice. Alternatively, a request may be made within thirty days from receipt of the property tax bill.

3. Applications shall contain the following information:
a. A description of the property or premises on which the service charge is imposed, including the street address;
b. The name and mailing address of each owner or owners of the property or premises for which a review and adjustment is requested;
c. A statement of the reason or basis for the request for adjustment; and d. A description of all material facts supporting the request for adjustment.

B. Within thirty days of receiving a complete written request for adjustment, the Director of Utilities, after conducting such investigations and inquiries as they deem necessary, shall make written findings and determine whether or not the charges imposed result in an unfair or unreasonable portion of the service charge. A written notice of such findings and determination shall be provided to the person making the written request. Upon denial or conditional approval by the Director of Utilities or designee, any applicant dissatisfied with such decision may appeal the Director’s decision to the City Manager no later than 10 calendar days following the written determination by the Director of Utilities. The determination of the City Manager may be appealed to the City Council no later than 10 calendar days following the written determination by the City Manager to be accompanied by a filing fee as per Chapter 01.12.030. Thereafter, the person who has raised the dispute may proceed with a legal action challenging the decision of the City in accordance with the provisions of Article 2, Chapter 5, Part 9, of Division 1 of the California Revenue and Taxation Code.

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21 CHAPTER 18.10

SEWER CAPACITY FEE
§ 18.10.010. Establishment of Sewer Capacity Fee.

A sewer capacity fee, as defined in this Title, is hereby established and imposed upon the owner or owners of each parcel or property for the privilege of connecting to the public sewerage system of the City of Encinitas. The sewer capacity fee shall be based on the number of equivalent dwelling units (EDUs) projected to be contributed to the sewer system. The number of EDUs shall be determined in accordance with this Chapter. The sewer capacity fee shall be paid immediately prior to the issuance of a sewer discharge permit and related building permit.
§ 18.10.020. Sewer Capacity Fee.

A. The City Council shall establish the sewer capacity fee imposed under Section 18.10.010 by ordinance or resolution.

B. The Director of Utilities or City Manager, or designee, shall periodically, and not more than every five years, review the sewer capacity fees to determine whether the current fees need to be recalculated based on factors such as new or deleted sewer system facilities, changes in the costs indices and depreciation, and the number of customers as determined by the number of equivalent meters. If the City Manager determines that, there has been a significant change in the factors that are used to calculate the capacity fees, which in turn requires a revision of the fees, the City Manager shall recommend to the City Council a revision to the sewer capacity fees.

C. Capacity fees and inspection fees are due and payable at the time of application for a wastewater discharge permit. The number of equivalent dwelling units shall be used to compute the amount of the capacity fee.

D. If the proposed connection cannot be made, the wastewater discharge permit will not be approved.

E. Capacity Fees shall be deposited in a restricted fund for the sole purpose for which they are collected, as required by the Government Code section 66000-66025. § 18.10.025. Equivalent Dwelling Unit Determination.

A. Residential. The number of equivalent dwelling units (EDUs) are assigned by the latest Sewer Capacity Fee Study, adopted by the City Council. The City Engineer may assign EDUs for Commercial/School/Industrial Waste Generators/Facilities, based on the methods and criteria described in the adopted Sewer Capacity Fee Study.

Cardiff Sanitary Division Encinitas Sanitary Division

1. Single-family
residence

1.0 EDU per each individual dwelling
unit, per lot (includes manufactured
homes, and mobile homes which are
on private lots)

1.0 EDU per each individual dwelling
unit, per lot (includes manufactured
homes, and mobile homes which are
on private lots)
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22 Cardiff Sanitary Division Encinitas Sanitary Division

2. Multi-family
(including all
residential
condominiums,
apartments)

0.6 EDU, regardless of number of
bedrooms, per each individual living
unit on the same lot

0.7 EDU, regardless of number of
bedrooms, per each individual living
unit on the same lot

3. Accessory dwelling
units

0.6 EDU, regardless of number of
bedrooms, per each individual living
unit on the same lot

0.7 EDU, regardless of number of
bedrooms, per each individual living
unit on the same lot

0.5 EDU (occupied or not) 0.5 EDU (occupied or not)
B. Commercial/Industrial/School Facilities.

1. Food service establishments
a. Take-out restaurants with disposable utensils, no dishwasher, and no public restrooms

3.0 EDU
b. Miscellaneous food establishments: ice-cream/yogurt shops, bakeries, or equivalent (sales on premises only)

3.0 EDU
c. Take-out/eat-in restaurants with disposable utensils, but with minimum seating and public restrooms

3.0 EDU
d. Restaurants with re-usable utensils, seating and public minimum restrooms, includes cocktail bars

3.0 EDU
One EDU is assigned for each 6-seat unit as follows: 1-18 seats = 3.0 EDU (minimum) each additional 6- seat unit will be assigned 1.0 EDU. The number of seats will be equal to 80% of the maximum occupant load for the eating area as defined by the current California Building Code.

2. Hotels and motels (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to living units, as per this chapter) a. Per living unit without kitchen 0.38 EDU
b. Per living unit with kitchen 0.60 EDU

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23 b. Where occupancy type or usage is unknown at the time of application for service, the following EDUs shall apply. This shall include, but not be limited to, shopping centers, industrial parks, and professional office buildings
i. First 1,000 square feet of gross building floor area 1.2 EDU ii. Each additional 1,000 square feet of gross building floor area (portions less than 1,000 square feet will be prorated)

0.7 EDU

4. Self-service laundry, per washer 1.0 EDU

1.5 EDU

6. Schools, to include day-care centers, boarding schools, or other combined youth educational, recreational and residential facilities
a. Elementary schools for 50 pupils or fewer 1.0 EDU
b. Junior high schools for 40 pupils or fewer 1.0 EDU
c. High schools for 24 pupils or fewer 1.0 EDU
Additional EDUs shall be prorated based on above values. The number of pupils shall be based on the average daily attendance of pupils at the school during the preceding fiscal year, computed in accordance with the Education Code of the State of California. However, where the school has had no attendance during the preceding fiscal year, the Director of Utilities shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate.

7. Convalescent homes (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to beds/residents, as per this chapter) a. Skilled nursing care facilities, psychological hospitals, convalescent hospitals; licensed by the Department of Health

0.7 EDU/bed
b. Community care facilities with 16 or more beds licensed by the State Department of Health

0.5 EDU/bed
c. Small community care facilities with 7 to 15 beds licensed by the County Department of Social Services

0.5 EDU/bed
d. Community care homes with six or fewer total residents, including resident staff and housekeepers (to be the same EDU as a single-family residence)

1.0 EDU

8. Automobile service station
a. Four gasoline/diesel/natural gas pumps or less 2.0 EDU b. More than four gasoline/diesel/ natural gas pumps 3.0 EDU c. Each floor drain connected to sewer 0.5 EDU

9. Warehouse or equivalent, per four fixture unit increment 1.0 EDU 2026-08-12 Item #01 Special Meeting Page 102 of 169
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24 § 18.10.030. Authority of Director of Utilities: Unspecified and Exceptional Uses.

In the case of other establishments not included in subsections A or B above, or when the EDUs specified are not representative of actual flow due to the number of employees or type of operation or use, the number of equivalent dwelling units shall be determined in each case by the Director of Utilities and shall be based upon the estimated volume and type of wastewater discharged into the sewer. In all cases, the calculation shall result in a fee that does not exceed the reasonable cost to provide the service. (Ord. 97-11; Ord. 98-10; Ord. 2024-07, 5/22/2024; Ord. 2025-02, 2/19/2025) 2026-08-12 Item #01 Special Meeting Page 103 of 169
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25 CHAPTER 18.12

SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FEE
§ 18.12.010. Purpose.

It is the purpose of this chapter to provide for a reimbursement when sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. Reimbursement is to be made pursuant to contract made under Government Code Sections 66483 and 66488, to the person privately constructing the sewer main, which is dedicated to the public and offered to the City in accordance with City Administrative Policy G042. (Ord. 2002-05)
§ 18.12.020. Procedure.

A. The City shall adopt an ordinance that refers to a sanitary sewer plan for a particular sanitary sewer area which contains an estimate of the total costs of constructing the sanitary sewer facilities required by the plan, and a map of such area showing its boundaries and the location of such facilities.

B. The ordinance must be in effect for a period of at least 30 days prior to the filing of a tentative map, or parcel map, if required for a developer’s parcel.

C. The City and a developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City. All easements or rights-of-way required for the sewer main must be acquired by the developer and conveyed to, and accepted by, the City.

D. Upon acceptance of the sewer main by the City, the City shall adopt a resolution imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the Director of Utilities, or designee, and City's administrative manual, and shall provide determination of amount to reimburse the developer for costs of the main which benefit other property owners who connect to the main. The reimbursement connection fee shall include a per annum simple interest charge set upon the date of approval of the reimbursement agreement at a rate equivalent to the yield of a United States Treasury Note for an equivalent time period to partially reimburse developer for their financing costs. The developer shall not be reimbursed for their fair share of the portion of the improvement costs that directly benefits their development. The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees, in accordance with the terms of the reimbursement agreement and Policy G042.

E. The City Clerk shall maintain a list of sewer reimbursement agreements approved by City Council.
(Ord. 2002-05)
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26 § 18.12.030. Term of Agreement.

The period over which the reimbursement connection fee as described in 18.12.020 is collected shall be 20 years. The City shall have no further obligation regarding reimbursement fees after the term of the agreement expires.
(Ord. 2002-05)
§ 18.12.040. Reimbursement of Costs by Benefiting Property Owners Connecting.

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27 CHAPTER 18.16

SEWER CONSTRUCTION REQUIREMENTS
§ 18.16.010. Purpose.

A. The purpose of this chapter is to specify certain City requirements relating to sewer construction.

This chapter supplements the requirements in the City’s most recently adopted Engineering Design Manual. All sewer construction shall conform to the City’s most recently adopted Engineering Design Manual.

B. Further purposes of this chapter are: 1) to increase public awareness of private sewer systems; 2) to prevent sewer spills and promote public health and safety; 3) to prevent blockages of the sewer system and accidental discharges and spills; and 4) to assure equitable implementation of the regulations throughout the City.

C. If there is an inconsistency between the Engineering Design Manual and this section, the most stringent requirement shall prevail.
(Ord. 95-16)
§18.16.015. Definitions.

In this Chapter:
“Building Code” means the most recent edition of the California Building Code, as adopted (with or without amendments) by the City.
“Developer” means the person making improvements to a sewer; this also means the property owner of the property to be served by the improvements.
“Fully functional private sewer lateral” means a private sewer lateral that is structurally sound, free of impediments, is maintained in a safe and sanitary condition, does not cause an obstruction within the public sewer, and does not constitute a public nuisance. “Plumbing Code” means the most recent edition of the California Plumbing Code, as adopted (with or without amendments) by the City.
“Private sewer lateral” means that portion of any property’s building sewer as defined by the Plumbing Code, and is further defined as piping of a drainage system that extends from the building to the connection to the public sewer.
“Property” means any property, including any lot, parcel, premises, dwelling unit or portion thereof, that is the subject of a request for sewer service or to which service is being rendered. “Property Owner” means any person, agent, firm, agency, or corporation having legal or equitable interest in the property.
“Public sewer” means a common sewer directly controlled by the City. 2026-08-12 Item #01 Special Meeting Page 106 of 169
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28 §18.16.020. City Right of Way Permit Required.

No person shall perform work in the City right of way or sewer easement without first obtaining a permit from the City Engineer or designee.
§ 18.16.030. Sewer Construction Permits Required; Security Required.

1. No person shall connect to the public sewer without first obtaining a sewer construction permit from the City Engineer or designee. A sewer construction permit shall be valid for a length of time not to exceed one year from the date of issuance.

2. In cases of sewer lateral installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits.

3. The applicant shall provide security guaranteeing proper completion of the work conforming to Section 23.36.130(D) of the City of Encinitas Municipal Code. (Ord. 97-04)
§ 18.16.040. Sewer Easements Required.

City sewer easements shall be obtained for all sewer main extensions, except for sewer mains to be located within a public street. No structure, trees, walls, fences, or gates shall be placed over or around any sewer main or extension, or within a City sewer or utility easement, unless an encroachment permit has first been granted by the City Engineer or designee.
§ 18.16.050. Access for City Maintenance Vehicles Required.

All public sewers within City sewer easements shall be constructed within the alignment of an allweather surface road (access road) to maintain the public sewers. Additionally, the Property Owner may be required to dedicate additional access easements and construct and dedicate access roads to the City to maintain public sewer. All of the sewer utility holes, also known as manholes shall be accessible to a combination sewer cleaning vehicle including a hammer-head turn around. § 18.16.060. Developer to Install and Map Sewer Lateral Connections.

When a sewer main is constructed as part of a public right-of-way improvement plan, the developer is required to install sewer lateral connections from the sewer main to the property line of each developed, unconnected lot that could be served by that sewer main. The developer shall show all the lateral locations on the improvement plan submitted to the City.
(Ord. 2002-05)
§ 18.16.070. Separate Sewer Laterals: When Required.

1. Separate private sewer laterals are required for each single-family dwelling.

2. Separate private sewer laterals are required for each condominium.

Exception: So long as a homeowner’s association is formed and manages and maintains fully functional private sewer lateral(s), separate private sewer laterals are not required. 2026-08-12 Item #01 Special Meeting Page 107 of 169
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29 3. A separate private sewer lateral is not required for an approved accessory unit to a single-family dwelling, on the same lot.

4. Where a lot that is connected to the sewer main contains more than one residence or building, excluding Attached ADUs and Detached ADUs as defined in Chapter 30.04 of the Encinitas Municipal Code, each structure shall be separately and independently connected with the City sewer system.

Exception: Where a building located in the rear of a lot lacks access to any other available sewer main, it may be connected with the sewer of the building in the front of the same lot. (Ord. 2002-05)
§ 18.16.080. Developer to Pay Cost of Sewer Lateral.

1. The expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the developer.

2. The cost of all soils and material testing, as well as the cost of any necessary special inspection, shall be directly borne by the developer.
§ 18.16.090. Private Sewer Laterals.

Every property owner whose property is serviced by a private sewer lateral:

A. Shall use materials approved by the City Engineer or designee which are designed to prevent root intrusion.

B. Shall provide cleanout caps or plugs on all cleanouts installed on private sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight.
(Ord. 97-04; Ord. 2002-05)
§ 18.16. 100. Privately Owned Sewer Pumps.

Private sewage discharge pumps may be permitted only if it can be determined that no other alternatives exists or that an unnecessary hardship is thereby created. Sewer pump proposals will require the applicants to have a civil engineer review the alternatives and submit their findings to the City Engineer, or designee, for review. If the sewer pump is permitted, the property owner will assume all liability and responsibility associated with the maintenance and operation of the sewage pump. Privately Owned Sewer Pumps shall only serve a single residence.
(Ord. 2002-05)
§ 18.16.110. No Surface Water Connection Allowed to the Sewer System.

No person shall connect roof downspouts, exterior foundation drains or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public sewer. 2026-08-12 Item #01 Special Meeting Page 108 of 169
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30 § 18.16.120. Inspection.

Inspection of all sewer construction shall be made by personnel of the City or its authorized representative as deemed necessary by the City Engineer. Sewer construction shall include, but not be limited to sewers, pump stations, treatment plants, pretreatment facilities, food establishment facilities, or other facilities which discharge grease and oils that may cause blockages. Inspections may be made to determine that such facilities are being adequately maintained and operated and meet the provisions of this Code. Sewer facilities under construction shall be inspected periodically or as deemed necessary by the City Engineer to assure that construction conforms to the intent of the approved plans and specifications, City design standards and other applicable codes. No person shall bury or backfill new sewers or laterals until inspected by personnel of the City or its authorized representative. No person shall interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer construction. § 18.16.130. Responsibility for Damages to Sewers or Streets by Person Doing Work.

Any person who shall do or cause to be done work provided for in this chapter shall be liable for any damage to any sewer or to any public street or to any other public property including the cost of repair or replacement thereof.
§ 18.16.140. Requirements and Standards—Authorization.

The City Engineer may authorize exceptions to requirements and standards contained in this chapter subsequent to issuing a finding of practicality and substantial consistency with the intent of this Title to the City Manager. The City Engineer may impose reasonable conditions on any exception necessary to preserve the intent of this Title.
(Ord. 2002-05; Ord. 2017-07)
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31 CHAPTER 18.20

COST RECOVERY FOR PROTECTIVE SEWER SERVICES
§ 18.20.010. Purpose.

In accordance with the Health and Safety Code Section 117555, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any food waste, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section 1.08.030 of the City of Encinitas Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a public nuisance.
§ 18.20.030. Reimbursements Required.

A person who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the City for the costs incurred. If, after receiving a notice to correct and a hearing by the City, the person does not immediately correct the cause and/or the resulting health and safety problem, then the City is hereby authorized to correct the problem situation at the negligent or violating person's expense. § 18.20.040. Report.

City personnel involved in an emergency response shall submit a report to the Director of Utilities indicating:

A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the City and the basis of the determination regarding responsibility.
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32 § 18.20.050. Notice to Responsible Party.

A. If it is reasonably likely that the party identified in the report is responsible for reimbursing the City, the Director of Utilities may submit a demand to the identified party. The Director of Utilities is authorized to accept a reasonable offer of reimbursement equivalent to the Director’s estimated cost for the City’s response, which may include, but is not limited to, staff time, repairs and/or replacement, and any other associated costs.

B. The Director of Utilities may set the matter for administrative hearing by the City Council. Notice of the date set for hearing and the report shall be sent to the person or entity to be charged together with a copy of administrative hearing procedures contained in the Municipal Code. Such notice will be sent within 10 days' notice to the parties of the hearing date, including clear documentation of hearing procedures sent with notices.
§ 18.20.060. Action by City Council.

If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution:

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33 CHAPTER 18.24

INDUSTRIAL WASTEWATER PRETREATMENT
§ 18.24.010. Title.

This chapter shall be known as the "City of Encinitas Industrial Wastewater Pretreatment Ordinance." (Ord. 95-16)
§ 18.24.020. Purpose.

The purpose of this chapter is to provide for the maximum beneficial public use of the City's wastewater system through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City's costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by Encina Wastewater Authority, San Elijo Joint Powers Authority, and regulatory bodies. It is intended to protect wastewater collection and treatment facilities, recycled water production and distribution systems, biosolids management programs, receiving waters, public health and safety, and compliance with applicable federal, state, and local regulatory requirements.
§ 18.24.030. Scope.

This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City's sewer system. This chapter provides for the regulation of sewer construction in areas within the Cardiff Sanitary Division and Encinitas Sanitary Division boundaries, the quantity and quality of discharged wastes, the degree of wastewater pretreatment required, provision for fees and charges, and the issuance of permits for industrial wastewater discharge.
§ 18.24.040. Adherence to Pretreatment Ordinance of Encina Wastewater Authority.

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34 the City of Encinitas Municipal Code sections on pretreatment, and San Elijo Joint Powers Authority, and other regulations adopted by the City, the more restrictive regulations shall apply. (Ord. 2002-05)
§ 18.24.050. Industrial Wastewater Discharge Permit Required.

No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the City, any industrial waste unless the City Engineer determines that such discharge meets the industrial waste discharge standards established by the rules or regulations adopted as herein provided, in which case no industrial waste permit shall be required. If the discharge does not meet the industrial waste discharge standards established by this Title, then an industrial waste discharge permit is required. § 18.24.060. Issuance of Industrial Wastewater Discharge Permit.

Such conditions may include discharge limitations, monitoring requirements, reporting requirements, and pretreatment measures necessary to protect wastewater collection and treatment facilities, biosolids management programs, recycled water quality, receiving waters, and compliance with applicable federal, state, and local regulatory requirements, including permits, orders, recycled water requirements, and local limits established by the City, Encina Wastewater Authority, or San Elijo Joint Powers Authority.

No permit shall be issued to any person to discharge industrial waste into the sewer system of the City if such discharge will be a hazard or danger to the health or safety of any person or to the property of any person or if such discharge will result in a danger to the capacity, construction, use or proper performance or utilization of the sewer system or be otherwise detrimental or injurious to such systems or either of them, and unless the applicant has complied with all state, federal, and local laws and with all the provisions of this Code and with all applicable rules and regulations adopted as provided for in this title. (Ord. 2002-05)
§ 18.24.070. Fees for Industrial Wastewater Discharge Permits.

Fees may be charged by the City for industrial wastewater discharge permits, for both the issuance of original permits and renewals.
§ 18.24.080. Pretreatment Plans Required.

In the event the City Engineer , in coordination with Encina Wastewater Authority staff and/or the San Elijo Joint Powers Authority staff, determines that pretreatment is required to make the waste acceptable, the applicant shall be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shall be 2026-08-12 Item #01 Special Meeting Page 113 of 169
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35 included within and become a part of the original application. A permit shall not be issued until such plans, specifications and operational procedures have been reviewed and approved by the City Engineer. § 18.24.090. Access for Monitoring.

Any permit issued in accordance with the provisions of this chapter shall be valid for a specified period, and is not transferable unless such permit is revoked or suspended as provided in this title and in the rules and regulations adopted pursuant thereto.
§ 18.24.140. Violation—Disconnection of Facilities—Reconnection Charge.

The City Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable state, federal or local laws or this chapter or of any of the rules and regulations adopted in the manner provided for herein. The City Engineer, in accordance with the law, may disconnect from the public sewer any connection to a sewer, main line sewer, or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state, or local law or this chapter or the rules and regulations adopted as provided for in this chapter. When a premises has been disconnected, it shall not 2026-08-12 Item #01 Special Meeting Page 114 of 169
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36 be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid.
§ 18.24.150. Notice of Intention to Disconnect Premises.

The City Engineer shall give not less than five days notice of intention to disconnect the premises or to suspend or revoke a permit, stating the reasons therefor, and may grant a reasonable time for elimination of the violation; provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of the persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, registered or certified, return receipt requested, or by posting such notice on the premises.
§ 18.24.160. Enforcement.

The City Engineer is charged with the duty of enforcing the provisions of this chapter and the rules and regulations adopted as provided in this chapter. The City Engineer and the City/Encina Wastewater Authority/San Elijo Joint Power Authority’s duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times, and during operating hours of businesses for the purpose of inspection, observation, measurement, sampling, testing, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provided in this chapter.
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1 Title 18

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Chapter 18.01

GENERAL PROVISIONS
§ 18.01.010. Purpose.
§ 18.01.015. Scope and Application of
Other Laws.
§ 18.01.020. Authority; Severability.
§ 18.01.030. Definitions.
§ 18.01.040. Grammatical Interpretation.
§ 18.01.050. Administration;
Enforcement.
§ 18.01.060. Violation.
§ 18.01.070. Penalties for Violation;
Reimbursement of City
Costs.
§ 18.01.080. Inspection and Testing.
§ 18.01.090. Surcharge.
§ 18.01.100. Disconnections Authorized.
§ 18.01.110. Reconnection Permit;
Reimbursement of
Disconnection Costs.
§ 18.01.120. Enforcement Measures in
Case of Delinquency.

Chapter 18.04

Tampering with City
Property.
§ 18.04.060. Sewer Service Outside
City Limits. Damage to
Sewers.
§ 18.04.070. Right to Inspect and
Enter Private Property
for Work within Sewer
Easements.
§ 18.04.080. Maintenance of Sewer
Lateral.Unlawful to
Make Sewer
Connection
without
Payment of Fee.
§ 18.04.090. Enforcement Measures
in Case of Delinquency.
§ 18.04.100. Maintenance of
Sewer Lateral.
§ 18.04.090. Restrictions Relating to
Use of Public Sewers.
§ 18.04.100. Self-Regenerating or
Automatic Water
Softeners Prohibited.
§ 18.04.110. Septic Tanks.
§ 18.04.120. Pumping Interceptors/
Grease Traps.
§ 18.04.130. Surcharge.
§ 18.04.140. Self-Regenerating or
Automatic Water
Softeners Prohibited.
§ 18.04.150. Septic Tanks.
§ 18.04.160. Violation—Penalty.
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2 Chapter 18.08

SEWER SERVICE CHARGES
§ 18.08.010. Sewer Service Charges
Established.
§ 18.08.020. ResponsibilityApplication for
Payment of Sewer Service Charge.
§ 18.08.030. Method of Collection.
§ 18.08.040. Payment for New Connections:

Payment Due Date for Direct
(Manual) Billing.
§ 18.08.050. Penalty for Delinquent Sewer
Service Charges.
§18.08.060. Calculation of Sewer Service
Charge.
§ 18.08.070. Submeters.
§ 18.08.080. Authority of Director of Utilities
to Adjust Charges.
§ 18.08.090. Administrative Review and
Adjustment of/or Monthly Sewer
Service Charge Calculation.    —
Applicant Responsibilities.
§ 18.08.090. Challenge of Sewer Service
Charge Determination.
§ 18.08.100. Submeters.

Chapter 18.10

SEWER CAPACITY FEE
§ 18.10.010. Establishment of Sewer
Connection/Capacity Fee.

Fees.
§ 18.10.020. Sewer Capacity Fee.
§ 18.1008.025. Equivalent Dwelling Unit
Determination.
§ 18.10.030. Authority of Director of Utilities
§ 18.08.030. Sewer Service Charges.
§ 18.08.040. Sewer Service Outside City
Limits
§ 18.08.050. Refunds, Back Charges, and
Changes in Use Resulting in
Different Rates, Sewer Service
Charges and/or
Connection/Capacity Fees.
§ 18.08.060. Exceptions.
§ 18.08.070. Adjustment of Sewer Service
Charges.
§ 18.08.080. Calculation of Annual Sewer
Service Charge.

Chapter 18.12

SEWER CONSTRUCTION

REIMBURSEMENT CONNECTION
FEE
§ 18.12.010. Purpose.
§ 18.12.020. Procedure.
§ 18.12.030. Term of Agreement.
§ 18.12.040. Reimbursement of Costs by
Benefiting Property Owners
Connecting.
§ 18.12.100. William J. Ackerman
Reimbursement Connection
Fee.
§ 18.12.120. Philip Boczanowski
Reimbursement Connection
Fee.
§ 18.12.121. Raymond and Lilly Bosch
and Mike and Katie Colton
Reimbursement Connection
Fee.
§ 18.12.122. Gary Bukamier
Reimbursement Connection
Fee.
§ 18.12.140. Reimbursement
Fee—Cardiff Sanitary
Division.
§ 18.12.160. DuVivier Company
Reimbursement Connection
Fee.
§ 18.12.180. (Reserved: E).
§ 18.12.200. (Reserved: F).
§ 18.12.220. (Reserved: G).
§ 18.12.240. Stephen and Karen
Hoffman Reimbursement
Connection Fee.
§ 18.12.241. Reimbursement
Fee—Stephen and Karen
Hoffman.
§ 18.12.260. (Reserved: I).
§ 18.12.280. (Reserved: J).
§ 18.12.300. (Reserved: K).
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3 § 18.12.320. Reimbursement Fee—Lang,
London, Machain, Saraspe, and
Shipman.
§ 18.12.340. Michael J. Mahon
Reimbursement Connection Fee.
§ 18.12.341. C. Samuel and Anne
Marasco Reimbursement
Connection Fee.
§ 18.12.360. (Reserved: N).
§ 18.12.380. Patrick O'Connor
Reimbursement Connection Fee.
§ 18.12.381. Olivenhain Sewer Joint
Venture (John Cover)
Reimbursement Connection Fee.
§ 18.12.400. (Reserved: P).
§ 18.12.420. (Reserved: Q).
§ 18.12.440. Michael Riley et al
Reimbursement
Connection Fee.
§ 18.12.460. Schibler and Tracy
Reimbursement Fee.
§ 18.12.461. Reimbursement
Fee—Sinnett.
§ 18.12.470. Reimbursement Fee
— Tavares.
§ 18.12.480. Paul Trester et al (9th Street
Extension)
Reimbursement
Connection Fee.
§ 18.12.500. (Reserved: U).
§ 18.12.520. (Reserved: V).
§ 18.12.540. Ray Wakeham et al
Reimbursement
Connection Fee.
§ 18.12.541. Reimbursement Fee—
Bruce Wiegand et al.
§ 18.12.542. Reimbursement
Fee—Walker and Harrison.
§ 18.12.560. (Reserved: X).
§ 18.12.580. (Reserved: Y).
§ 18.12.600. Reimbursement
Fee—Zimdars et al.

Chapter 18.14

RESERVED
Chapter 18.16

SEWER CONSTRUCTION

REQUIREMENTS
§ 18.16.010. Purpose.
§ 18.16.015. Definitions.
§ 18.16.020. City Right of Way Permit
Required. Sewer Utility Holes
Must be Accessible by City
Maintenance Vehicles
§ 18.16.030. Sewer Construction Permits
Required; Security Required.
§ 18.16.030. Installation of from Main to
the Property Lines are
Required for Unconnected
Properties When a Sewer
Main is Constructed.
§ 18.16.040. Sewer Easements Required.
§ 18.16.050. Access for City Maintenance
Vehicles Required.
§ 18.16.060. Developer to Install and Map
Sewer Lateral Connections.
§ 18.16.070. Separate Sewer Laterals:

When Required.
§ 18.16.080. Excavations to be Properly
Barricaded and Noticed.
§ 18.16.080. Developer to Pay Cost of
Sewer Lateral. Construction.
§ 18.16.090. Sewer Utility Easements.
§ 18.16.090 Private Sewer Laterals
§18.16.100. Privately Owned Sewer
Pumps.
§ 18.16.110. Responsibility for Damages to
Sewers or Streets by Person
Doing Work.
§ 18.16.110. No Surface Water Connection
Allowed to the Sewer System.
§ 18.16.120. Sewer Construction Permits.
§ 18.16.120. Inspection.
§ 18.16.130. Sewer Lateral Cleanout
Covers Required.
§ 18.16.130. Responsibility for Damages to
Sewers or Streets by Person
Doing Work.
§ 18.16.140. Requirements and Standards
City Engineer Authorization.
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4 Chapter 18.20

COST RECOVERY FOR PROTECTIVE

Chapter 18.24

INDUSTRIAL WASTEWATER

PRETREATMENT
§ 18.24.010. Title.
§ 18.24.020. Purpose.
§ 18.24.030. Scope.
§ 18.24.040. Adherence to Pretreatment
Ordinance of Encina
Wastewater Authority.
§ 18.24.045. Adherence to Pretreatment
Sections of the Encinitas
Municipal Code.
§ 18.24.050. Industrial Wastewater
Discharge Permit Required.
§ 18.24.060. Issuance of Industrial
Wastewater
Discharge Permit.
§ 18.24.070. Fees for Industrial
Wastewater
Discharge Permits.
§ 18.24.080. Pretreatment Plans
Required.
§ 18.24.090. Access for Monitoring.
§ 18.24.100. Self-Monitoring and
Reporting.
§ 18.24.110. Public Access to
Information.
§ 18.24.120. Revisions to Permits.
§ 18.24.130. Permit Expiration,
Transference, Revocation or
Suspension.
§ 18.24.140. Violation—Disconnection of
Facilities—Reconnection
Charge.
§ 18.24.150. Notice of Intention to
Disconnect Premises.
§ 18.24.160. Enforcement.
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5 SANITARY SEWER
CHAPTER 18.01

GENERAL PROVISIONS
§ 18.01.010. Purpose.

It is the purpose and intent of this title to protect the public health, safety and welfare by providing establish procedures and regulations for the maximum beneficial public use and protection of the City' sCity's sanitary sewer system through adequate regulation of sewer construction, sewer use and wastewater discharge, to provide for equitable distribution of the City' s costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by other regulatory bodies. (Ord. 95-16)
§ 18.01.015. Scope and Application of Other Laws.

This title governs the construction, maintenance, and use of sewer facilities within the City of Encinitas Cardiff Sanitary Division (CSD) and Encinitas Sanitary Division (ESD) boundaries. It is not a substitute for other laws and regulations governing the construction and use of sewer facilities within CSD and ESD, including permitting requirements of other public agencies, such as the Encina Wastewater Authority (EWA), and the San Elijo Joint Powers Authority (SEJPA). Owners and customers are solely responsible for ensuring compliance with this Title and all other applicable nonCity regulations and permitting requirements. § 18.01.020. Authority; Severability.

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6 documentation, permitting, and all other necessary overhead expenses. "Customer" means any person, firm, association, corporation, or government agency served or entitled to be served sewer service by the City for compensation.
"Developer" means any person or group of persons, including contractors, corporations, or public entities, who request to extend or connect to the sewer system.
"Director of Utilities" means "District." Any reference to the Director of Utilities of"Cardiff Sanitation District" by that name or any other reference within this Code shall mean the City of Encinitas, or that person’s designee.
"Discharge" means allow a liquid, gas, or other substance to flow out from where it has been confined. "Equivalent dwelling unit (EDU)" means the unit of measure which is based on the flow characteristics of an average single-family residence in terms of sewage quantity and constituent quality. "Extension" means an extension of an existing sewer main. "Fiscal year" means the period from July 11st to June 3030th, both inclusive. "Food WasteGarbage" means the animal and vegetable waste from the handling, preparation, cooking, dispensing, and disposal of food.
"Grease" means any material which is extractable from an acidified sample of water by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils.
"Grease interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater.
"Industrial waste" means solid, liquid, or gaseous substances discharged or flowing from an industrial, manufacturing, or commercial premises resulting from manufacturing, processing, treating, recovery, or development of natural or artificial resources of whatever nature. "Industrial wastewater" means all water-carried wastes and wastewater of the community, excluding domestic wastewater and uncontaminated water. Includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation. These may also include wastes of human origin similar to domestic wastewater. "Interceptor line" refers to a large diameter sewer line to which many trunk lines are connected and which serves the primary purpose of transporting sewage from trunk lines to the publicly owned treatment works (POTW). disposal.
"Main" or "sewer main" is a sewer pipeline in the sanitary sewer system of the City. Individual service laterals discharge sewage into sewer mains which convey the sewage toward trunk lines and interceptor lines and ultimately to the Wastewater Treatment Plant. disposal. "Maximum charge" refers to the maximum amount residential accounts can be charged for annual sewer service. This amount is based on indoor water usage for a household of six persons. "Median annual water usage" means the annual water use at which exactly half the customers in the classification are under the amount and half the customers are above the amount. "Minimum charge" refers to the minimum amount residential accounts can be charged for annual sewer service. This charge covers the fixed costs incurred by the City in providing sewer service to a customer, regardless of the amount of water usage.
"Multifamily residential" means the residential classification with more than one living unit served by a 2026-08-12 Item #01 Special Meeting Page 121 of 169
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7 single water meter, and shall include all residential accounts other than single-family residential. "Nonresidential" means the classification which includes all specified accounts other than single-family residential and multifamily residential customers.
"Owner" or "property owner" means the person owning the fee, the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claims of, or exercising acts of ownership over same for him or herself, or as executor, administrator, guardian or trustee of owner. Includes a holder in fee, life tenant, fiduciary, lessee or licensee holding under government lease or license of real property. “Onsite Wastewater Treatment System (OWTS)” means a system on a property not connected to a public sewer, that treats and disposes of sewage and other wastes produced on the property where the system is located using subsurface disposal. OWTS does not include “gray water” systems pursuant to Health and Safey Code Section 17922.12.
"Person" means any individual, property owner, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
"pH" indicates the intensity of acidity and alkalinity on a pH scale running from 0 to 14. A pH value of

7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate alkalinity and those below

7.0 indicate acidity.
"Premises" means any lot, piece or parcel of land, building or establishment. "Pretreatment" or "treatment" is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing to the sewer system. "Return to sewer" is the percentage of metered water usage, measured in hundred cubic feet, that is discharged into the sanitary sewer system for collection and treatment. This percentage excludes storm, surface, and groundwaters not intentionally admitted into the sewer system. "Regular sewer service" means the sewer service and facilities rendered for normal domestic and industrial or commercial purposes on a permanent basis and the sewer system available therefor. “Reimbursement Connection Fee” means the fee for connecting to an existing sewer main installed by a private developer that is part of a reimbursement agreement approved by City Council, as described in section 18.12.
"S.S." means suspended solids, a measure of the strength of wastewater. "Sanitary sewer or sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
"Self-regenerating or automatic water softener" is a water softener unit which is a water conditioning apparatus such as zeolite and resinous ion-exchange softeners or dimineralizers or other like devices which require the periodic discharge of brine solutions in their operation. “Septic Tank” means an underground, watertight container designed to treat and dispose of domestic wastewater, to 1) Receive wastewater discharged from a building; 2) Separates settleable and floating solids; 3) Digest organic matter by bacterial action; 4) Store undigested solids; and 5) Clarify wastewater for further treatment.
"Sewage" means the waterborne wastes derived from ordinary human living processes and of such 2026-08-12 Item #01 Special Meeting Page 122 of 169
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8 character as to permit satisfactory disposal, without special treatment, into the public sanitary sewer, a private sanitary sewer, or by means of household septic tank systems. "Sewer, building or house" means that portion of a pipe or conduit carrying sanitary sewage and/ or industrial wastes from a building to the public sanitary sewer or a common sewer. "Sewer Capacity Fee" means a charge for sewer public facilities in existence at the time a charge is imposed or charges for new sewer public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. "Sewer lateral or service lateral" means the service pipes extending from the buildingprivate property line to the public sanitary sewer main in a public street, alley or easement--including the connection to the public sewer. It is the connection of any domestic, commercial or industrial sanitary sewer lines to the City's system after the payment of established fees and charges and City approval. "Sewer, private" refers to a privately owned sanitary sewer which is not directly controlled by the City. "Sewer, public" refers to the sanitary sewer system under the jurisdiction of the City and the Wastewater Treatment Plantsewage treatment plant where the sewage will be processed. "Sewer Service Charge" means a charge assessed to cover the costs associated with transportation and treatment of wastewater from properties; including operation, maintenance, and improvement of the public sewer system.
"Sewer orsanitary sewer system" means any and of the City. Includes all facilities used for collecting, conveyingconstruction and appurtenant equipment utilized in the collection, transportation, pumping, treating, and disposing of wastewater and sludge. This definition includes but is not limited to any property belonging to the City used in the treatment, reclamation, reuse, transportation, or and final disposal of wastewater or sludge. sewage.
"Single-family residential" means the residential classification where one living unit is served by one water meter, with the exception that where two or more living units are attached they are treated as multifamily residential regardless of the number of water meters. "Sludge" shall mean any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.
"Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24 hour concentration of flows during normal operation. "Standard methods" means the current edition of Standard Methods for the Examination of Water and Wastewater as published by the American Public Health Association, and Water Pollution Control Federation.
"Subclassification" refers to the individual uses arranged under the classification. "SubmeterSub-meter" means a device used in addition to a water utility meter maintained by the San Dieguito Water District or Olivenhain Municipal Water District to measure the water usage within a dwelling unit or outside a dwelling unit for the purpose of isolating outdoor water usage. "Suspended solids" or “SS” means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids; and which are largely removable by laboratory filtering and as determined by the appropriate procedure in standard methods. Also a measure of wastewater strength. 2026-08-12 Item #01 Special Meeting Page 123 of 169
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9 "Trunk line" means a main sewer line to which many sewer mains are connected and which serves the primary purpose of transporting sewage from sewer mains to the Wastewater Treatment Plant. disposal. "Utility hole" is an access to underground utilities. It is also referred to as a manhole. "Wastewater" means waste and water, whether treated or untreated, generated after the use of drinking water, fresh water, raw water, saline water from residential, commercial, and industrial processes,discharged into or used water from any combination thereof. permitted to enter a public sewer. "Wastewater Treatment Plant" means the publicly owned treatment works of the City, or contracted for same by the City.
(Ord. 97-04; Ord. 98-10; Ord. 2002-05)
§ 18.01.040. Grammatical Interpretation.

For the purpose of this title:

A. All words used in the present tense shall include the future; B. All words in the masculine gender shall include the feminine; C. The word "shall" is mandatory and "may" is permissive; D. All words in the plural number shall include the singular number; and E. All words in the singular number shall include the plural number. § 18.01.050. Administration; Enforcement
A. The City Engineer, as specified, shall administer, implement, and enforce the provisions of this title.

D. The City of Encinitas Code Enforcement Division shall also have the authority to enforce the provisions of this title.
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10 § 18.01.060. Violation
A. Every person violating any provision of this Title, including the failure to pay any fee, charge or surcharge imposed by this Title, or any condition or limitation of a permit or plan approval and issued pursuant to the provisions of this Title, shall be guilty of a misdemeanor and, upon conviction thereof, and shall be punishable as set forth in this Code.

B. The City, upon the authorization of the Council, may sue to recover any amount due the City under the provisions of this Code.

1. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance; and

2. The prevention of the entry of the wastewater into the collecting system and treatment works.

D. In the event of such violation, the City, upon the authorization of the Council, may petition the superior court to impose, assess and recover the sums.

E. The City Engineer shall notify any person found to be in violation of this Chapter, or of any limitation or requirement of a permit issued pursuant to this chapter before the City Engineer takes any action to implement subsection A above and this Code; the City Engineer shall take no action to implement subsection A until the elapse of 10 days after the date notice is sent.

Where the address is unknown, service may be made upon the owner of record of the property involved.

G. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Post Office.

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11 restraining the continuance of such discharge.

D. Falsifying of information. Any person who knowingly makes any false statement, representation, record, report, plan, or other document filed with the City Engineer or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this title, shall be guilty of a misdemeanor.

G. Administrative citations. In addition to criminal sanctions and other remedies set forth in this title, administrative penalties may be imposed pursuant to Chapter 1.08 of this Code against any person violating any provision of this title. Imposition, enforcement, collection and administrative review of administrative penalties shall be conducted pursuant to Chapter 1.08 of this Code. § 18.01.080. Inspection and Testing
A. Subject to the obtaining of prior court approval, if necessary under the law, inspection and sampling of every facility that is involved directly or indirectly with the discharge of wastewater to the City’s sewer system may be made by and as the City Engineer deems necessary. These facilities shall include, but not be limited to sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities, or other facilities which discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation, conveyance and pretreatment facilities, and all similar wastewater facilities.

B. Inspections may be made to determine that such facilities are maintained and operate properly and are adequate to meet the provisions of this title.
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12 § 18.01.90. Surcharge.

Any person who discharges or causes to be discharged into the public sewers any water or wastes having more that 200 mg/l of inorganic or 400 mg/l of organic grease or oil shall be obligated to pay a surcharge, occasioned by the extent to which such water or waste contains an excess over the foregoing limitation of concentration, or by the estimated cost of the City services required to remedy the effect of the discharge. See Chapter 18.24 regarding industrial discharge permit requirements. § 18.01.100. Disconnections Authorized
The City Engineer may disconnect from the public sewer any lateral connection which is constructed or connected without a permit or which is used contrary to the provisions of this title. The City Engineer shall make reasonable effort to notify the owner or occupant of the premises affected by any proposed disconnection and may grant a reasonable time to eliminate the violation as specified in Section

18.01.060.
§ 18.01.110. Reconnection Permit; Reimbursement of Disconnection Costs Whenever a lateral connection has been disconnected from the public sewer by the City Engineer as provided in this chapter for failure to comply with the provisions of this title, reconnection shall be made only upon issuance of a permit in writing by the City Engineer. Before such permit is issued, the applicant shall reimburse the City for the cost of the disconnection made, and the City Engineer may require the installation of a monitoring manhole.
§ 18.01.120. Enforcement Measures in Case of Delinquency.

When any fee or charge imposed by this title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordance with the law: Any steps authorized by law to collect fees and charges; Disconnect the premises from the City's sewer system; prior to such disconnection, notice of such delinquency shall be given to the occupant of the premises by United States mail with return receipt, or by posting such notice on the premises; the occupant will be given the opportunity for informal hearing with the City Manager prior to disconnection, and if requested, within five days thereafter appeal to the City Council; concurrently with the disconnect, a copy of the City's notice to occupant will be furnished to the regional office of the County Health Department. When a premises has been disconnected, it shall not be reconnected until all delinquent fees and charges have been paid, together with a charge for such disconnection and reconnection, as established by resolution of the City Council. (Ord. 2017-07)
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13 CHAPTER 18.04

GENERAL SEWER REGULATIONS
§ 18.04.010. Title.

This chapter shall be known as the "City of Encinitas Sewer Regulations Ordinance." (Ord. 95-16)
§ 18.04.020. Purpose of Rules and Regulations.

The City will furnish a system, works, and infrastructure used for and useful for collection of domestic and industrial sanitary sewage, including all parts of the enterprises, all appurtenances to it, and lands, easements, rights in land, contract rights, franchises, and other sewage collection facilities and equipment. §18.04.035. Discharge to Sewer System Without Permit Prohibited; Sewer Connection Application Required; Approval of Application.

B. An application for connection to the Encinitas sewer system shall be submitted with appropriate permit to the City on prescribed forms provided by the City.

All applicants for sewer service or sewer connections shall be required to accept such conditions of connection and service as may be provided by the City. The construction, installation, or repair of sewer service laterals and house sewers and connections to the sewer main and sewer system shall be completed in accordance with all existing laws, ordinances, and rules of the City, County of San Diego, and the State of California or any department thereof. The type of sewage discharged into the sewer system shall meet the requirements and restrictions of the Encina Wastewater Authority or the San Elijo Joint Powers Authority as applicable.
(Ord. 2002-05)
§ 18.04.050. Unlawful to Make Sewer Connection without Payment of Fee.

It is unlawful for any person to connect to the City's sewer system or sewer main without having first paid all fees required by this title.
(2002-05)
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14 § 18.04.060. Tampering City Property.Sewer Service Outside City Limits.

B. When it appears to be in the best interest of the City and the people thereof, the City Engineer may cause preparation of an agreement for a property situated outside the City to be permitted to connect to the sewer system. Such agreement may be made for a temporary or permanent connection to the sewer system, as approved by LAFCO. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service. (2002-05)
No one except an employee or representative of the City shall at any time in any manner operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interfere with sewer lines or other parts of the sewer system. § 18.04.060. Damage to City Sewers.

With the permission of the property owner, the officers, employees and agents of the City bearing proper credentials and identification shall have the right to enter upon any premises within the City to inspect and determine if this title is being complied with, and for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, replacement and maintenance of any portion of the sewer system within any easements on the property.
§ 18.04.080. Maintenance of Sewer Lateral.

A. The property owner serviced by a sewer lateral shall be responsible for preventative and corrective maintenance activities to the lateral. These activities may include, but are not limited to, cleaning, maintaining and repairing, replacement of the sewer lateral between the connection joint to sewer main and the lateral connection to the structure.

B. The property owner shall do all sewer lateralsuch work at the property owner's sole expense and only after the required permits have been issued.

C. The owner of such property owner shall maintainreimburse the City for work on sewer lateral in freeflowing condition, freelaterals for the removal of obstructions. If a sewer lateral obstruction creates a breach or other threat to, when the work is designated as necessary for public health or safety which requires work by the City, the property owner shall reimburse the City for the cost of such work. .

Failure to complete the corrections within the time specified in the notice, and any extension granted by the City Engineer or designee, shall be a violation of this Code subject to enforcement and remedies, including but not limited to disconnection, as specified in this Code. 2026-08-12 Item #01 Special Meeting Page 129 of 169

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15 E. Repair or replacement of a sewer lateral on private property shall require a plumbing permit under the California Plumbing Code, and an encroachment permit for work within a public right-of-way or sewer easement (granted to the City) which includes the right of connection to the public sewer. (Ord. 2002-05)
§ 18.04.080. Unlawful to Make Sewer Connection without Payment of Fee.

1. Approval of the application shall be given if the applicant is able to deliver sewage to points and elevations designated by the City and has paid all related fees and charges.

B. It is unlawful for any person:

B.C. No one except an employee or representative of the City shall at any time in any manner, unless specifically granted, operate the valves, motors, gates, machinery, sewage treatment plant, sewer utility holes, or siphons of the City system or interfere with sewer lines or other parts of the sewer system.

C.E. No person shall willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is part of the City's sewer system.

D.F. No person shall remove or demolish any building or structures with plumbing fixtures connected 2026-08-12 Item #01 Special Meeting Page 130 of 169

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16 directly or indirectly to the public sewer except as follows:

1. The person shall notify the City Engineer prior to commencing work;

2. The person shall ensure that all openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight; and

3. The person shall ensure that the work is inspected by the City Engineer or his/her representative before being backfilled.

E.G. No person shall fill or backfill over, or cause to cover, or obstruct access to, any sewer utility hole.

F.H. No person shall erect any improvements, structures, or buildings over public sewers or sewer easements without the written permission of the City Engineer.

G.I. No person shall discharge industrial waste to the sewer system without a current Industrial Wastewater Permit from the San Elijo Joint Powers Authority or Encina Wastewater Authority as described in Chapter 18.24.

H.J. Except as hereinafter provided in this section, no person shall discharge or cause to be discharged any of the following described substances, waters or wastes into any public sewer:

1. Specific Prohibited Discharges listed in Encina Wastewater Authority’s Pretreatment Ordinance;

2. Liquid or vapor having a temperature higher than 140 degrees Fahrenheit;

4. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

5. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance;

6. Paints, or waste products from paint manufacture;

7. Food WasteGarbage that has not been properly groundshredded to a size of one-fourth inch or less so that all particles will be carried freely under normal flow conditions in the public sewers;

8. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction to the flow in or damage to sewers or other interference with the proper operation of the sewerage or water reclamation works;

12. Unusual volume of flow or concentration of wastes constituting "slugs" as defined in Chapter 1 of this Title; Section 18.01.020;

13. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits established by the City Engineer in compliance with the applicable state or federal regulations; 2026-08-12 Item #01 Special Meeting Page 131 of 169

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17 14. Water added for the purpose of diluting wastes which could otherwise exceed applicable maximum concentration limitations; or

15. Water or wastes containing substances which are not amenable to treatment or reduction by the treatment processes normally employed.

17. Discharge of industrial waste without a current Industrial Wastewater Permit from the San Elijo Joint Power Authority for customers in Cardiff Sanitary Division or Encina Wastewater Authority for customers in Encinitas Sanitary Division. § 18.04.090. Enforcement Measures in Case of Delinquency.

When any fee or charge imposed by this title becomes delinquent, the enforcement agents are authorized to take any or all of the following actions in accordance with the law:

A. The property owner serviced by a sewer lateral shall be responsible for cleaning, maintaining and repairing the sewer lateral between the sewer main and the lateral connection to the structure.

B. The property owner shall do such work at the property owner's sole expense and only after the required permits have been issued.

C. The owner of such property shall reimburse the City for work on sewer laterals for the removal of obstructions, when the work is designated as necessary for public safety. § 18.04.100140. Self-Regenerating or Automatic Water Softeners Prohibited.

A. Pursuant to California Water Code Section 13148, itIt is unlawful for any person to install or replace any plumbing equipment, including any automatic or self-regenerating water softener unit, the operation of which may result in the discharge of saline waste into the sewerage facilities, or the discharge of such wastes that might pollute any surface or underground stream, watercourse, lake or body of water, including any underground, natural or artificial storage reservoir, or which might impair or contribute to the impairment of the usefulness of such waters for human or animal consumption, or domestic, agricultural, industrial, or recreational purposes or for any other useful purpose.
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18 B. Self-regenerating water softener units which are found discharging to the City sewer shall be removed on demand of the City Engineer. Should any such installation not be removed on demand of the City Engineer, the City may remove such installation at the expense of the customer or take action to disconnect the premises in accordance with this title. § 18.04.110150. Septic Tanks.

See Municipal Code Section 11.04.020, subsections N and O. § 18.04.120. Pumping Interceptors/Grease Traps.

A. No person shall discharge or cause to be discharged any fats, greases, and waxes oils to the sewer system if their concentration and physical dispersion results in separation and adherence to sewer structures and appurtenances. If there is evidence of adherence of such materials to structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials must be effectively pretreated by a process or device to effect removal from the flow before its discharge to the sewer system. Grease, oil, and sand interceptors shall be installed when deemed necessary by the City Engineer for the proper handling of liquid waste containing grease in excessive amounts, and flammable materials, sand, and other harmful ingredients. All interceptors shall be of a type and capacity acceptable to the City Engineer and shall be located as to be readily accessible for cleaning and inspection.

For the failure to comply with all or any part of this title, any ordinance, resolution or order of the City pertaining to the delivery of public sewer services, in addition to any other penalty or remedy provide by law, the City may discontinue sewer service in accordance with an order of court. Any person violating any of the provisions of this title is liable to the City for any expense, loss or damage, and for any increase in the cost of maintenance or repair, occasioned by the City as a result of such violation. 2026-08-12 Item #01 Special Meeting Page 133 of 169
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19 CHAPTER 18.08

SEWER CONNECTION FEES AND SEWER SERVICE CHARGES
§ 18.08.010. Sewer Service Charges Established. Application for Sewer Connections and/or Monthly —Applicant Responsibilities.

B. Annual sewer service charges for uses that do not appear on the property tax rolls shall be billed directly to the property owner.
§ 18.08.030. Sewer Service Charge.

A. The sewer service charges shall be set by ordinance. (See Health and Safety Code Section 5471.) B.A. A sewer service charge is levied and charged upon each premises which discharges sewage that ultimately passes through the City's sewer system.

C.B. The property owner of record shall be responsible for payment of the sewer service charge. Any agreement between landlords and tenants to the contrary will not relieve the landlord or record owner of the property of the responsibility for payment of the sewer service charges to the City.

E.C. Payment of sewer service charges for new connections are paid for at the time the wastewater discharge permit is issued. If the permit is for an existing building the sewer 2026-08-12 Item #01 Special Meeting Page 134 of 169
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20 service charges will be prorated for the fiscal year based upon the date the permit is issued. If the permit is for new construction or connection, then a time credit of four months shall be allowed when computing the amount of sewer service charges. This prorated amount shall be paid at the time the wastewater discharge permit is issued.

F. Provided, however, in the case of other businesses and establishments not included in subsections A or B above, or when the EDUs specified are not representative of that have unusual character insofar as sewage is concerned, the rate shall be established in each case by the City Manager or designee. The rate so established shall be fixed in consideration of the estimated or actual volume of flow due to the number of employees or type of operation or use,and suspended solids (ss) and/or biological oxygen demand (BOD) content from such.

A. Payment of sewer service charges for new connections shall be made at the time the wastewater discharge permit is issued.

B. Payment of sewer service charges billed directly (manually) to the property owner is due to the City by April 1 of each year.

1. Payment of sewer service back charges are due within 30 days from the date of bill mailing.
§ 18.08.040. Sewer Service Outside City Limits.

B.C. When it appears to be in the best interest of the City and the people thereof, the City Engineer may prepare an agreement for property situated outside the City to be permitted to connect to the sewer system. The agreement may state the terms of connection, special conditions and limitations, cost for service, annexation fees, connection/capacity fees, and other conditions of sewer service.

C.D. (Ord. 98-10)
§ 18.08.050. Penalty for Delinquent Sewer Service Charges A. A penalty for nonpayment of sewer service charges is hereby established for sewer service charges related to public property and other property that is not billed on the property tax roll. The penalty is 10 percent for nonpayment by the due date specified in this Chapter. An additional penalty of 1 ½ percent per month shall apply for each month a payment remains delinquent.

B. The remedies specified by this Section are in addition to other remedies provided by this Title. 2026-08-12 Item #01 Special Meeting Page 135 of 169
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21 § 18.08.050. Refunds, Back Charges, and Changes in Use Resulting in Different Rates, Sewer Service Charges and/or Connection/Capacity Fees.

Refunds shall be issued for up to four years in arrears during which the property owner was overcharged for sewer service. (Ord. 97-04; Ord. 98-10)
§ 18.08.060. Calculation of Sewer Service Charge.

A. When multifamily premises share a single meter, the annual water use shall be divided equally among the number of parcels served.

A.E. For premises not categorized by the current Ordinance or Resolution Setting Sanitary Division Sewer Service Rates, the charge shall be calculated in each case by the Director of Utilities or designee upon the Director’s initiative or at the request of the property owner submitted with the application for wastewater permit. The charge so calculated shall be fixed in consideration of the estimated or actual volume of flow and suspended solids (SS) and/or biological oxygen demand (BOD) content from such and shall not exceed the reasonable cost to provide the services for which the charge is imposed.
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22 F. The annual sewer service charges for schools shall be determined by applying the number of equivalent dwelling units (EDUs) assigned per the average daily attendance of pupils at the school at the current rate set by ordinance. The City Engineer may assign EDUs for Commercial/School/Industrial Waste Generators/Facilities, based on the methods and criteria described in the adopted Sewer Capacity Fee Study.
(Ord. 98-10; Ord. 2002-05; Ord. 2024-01, 3/13/2024; Ord. 2025-14, 11/12/2025) § 18.08.060. Exceptions.

The Public Works Director or his/her designee shall have the power to grant exceptions and to establish policies for the granting of such exceptions from the established sewer service charges. Such exceptions shall only be granted when one or more of the following situations exist:

A. Where the premises are not connected to the sewer system of the City.

B. When water is supplied to premises through a separate water meter and such water is used entirely for irrigation purposes.

C. Where the City has entered into a separate service agreement. (Ord. 98-10) § 18.08.070. Submeters.

Any property owner may apply to the City for permission to install and use a submeter, as defined by this Title, for measuring water use and calculating the annual service charge.

A. No submeter shall be installed until all of the following occur:

2. The Director of Utilities, or designee, approves use of the submeter.

B. The Director of Utilities, or designee, may use readings obtained from an approved submeter to calculate annual water use when all of the following apply:

1. The property owner has installed and has at all times maintained the submeter in accurate working condition.

1.2. The property owner has connected the submeter to a water line exclusively used for indoor or outdoor water use.

3. The property owner has provided and maintained clear access to the submeter to allow City personnel to read it.

4. The property owner has paid a one-time initial fee upon application approval.

5. The property owner is not delinquent on payment of the annual processing fee and, if applicable, any miscellaneous fees, in an amount set by City Council resolution.

A.C. For approved submeters that comply with the conditions above and track outdoor water use, a sewer service fee based on the total annual flow to the potable meter less outdoor usage will be charged, with no winter month adjustment or any percentage return to sewer adjustment and no five-year averaging.
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23 D. For approved submeters that comply with the conditions above and track indoor water use, a sewer service fee based on the total annual flow to this meter will be charged, with no winter month adjustment or any percentage return to sewer adjustment and no five-year averaging.

B.F. For properties with approved submeters which lack an entire year of water consumption data due to application approval part way through the billing cycle, and which otherwise comply with this section, the owner will be billed the Median Usage Charge according to their customer classification for the first billing period only. Approved submeter users will be billed in subsequent years according to 18.08.070(C) and (D).
§ 18.08.070. Adjustment of Sewer Service Charges Authority.

The Public Works Director or his/her designee shall have the power to adjust the annual sewer service charge when one or more of the following situations exist:

A. When excessive water consumption is caused by unknown water pipe leaks and it is positively demonstrated to the satisfaction of the City that above-mentioned water consumption is not discharged into the sewer. In all cases, the calculation shall result in a fee that does not exceed the reasonable cost to provide the service system.

C. When water is supplied to premises by more than one water meter and one or more of such additional water meters does not provide water which is discharged into the sewer system.

D. When ownership of the parcel changes after the period during which the water meter readings are recorded and the amount of water used during that period is above the median annual water use for that customer classification. It must be positively demonstrated by the customer that the recorded amount is not representative of their actual consumption for the type of use. (Ord. 98-10)
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24 § 18.08.080. Authority of Director of Utilities to Adjust Charges The Director of Utilities shall have the authority to adjust charges made or due under this Chapter in order to more precisely reflect the amount of a particular premise’s discharge to the City’s sewer system. The Director shall exercise this authority as follows:

A. After review following the application of a property owner as provided in this Chapter; or A.B. In the Director’s discretion where it appears:

1. The premise has not been connected to the City’s sewer system; or

2. An approved submeter has been installed and maintained as provided in this Chapter; or

3. The underlying use has changed during the billing period; or

3.4.The premises is subject to a separate service agreement; or

5. The charge otherwise applicable to the premises does not accurately reflect the premises’ discharge to the City’s sewer system.

B.C. Back charges may be imposed up to three years in arrears, according to California Code of Civil Procedure 338.

D. Refunds shall be issued for up to 180 days in arrears during which the property owner was overcharged for sewer service, according to California Government Code 53082. § 18.08.080. Calculation of Annual Sewer Service Charge.

Single-Family Residential. The annual sewer service charge for single-family residential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. For customers of the San Dieguito Water District, the service charge will be based on the two lowest bi-monthly water meter readings from December through May, multiplied by three to arrive at the annual water usage in HCF. For customers of the Olivenhain Municipal Water District, the service charge will be determined by combining monthly water meter readings from December through May to produce three bimonthly readings. The service charge will be based on the lowest two readings multiplied by three to arrive at the annual water usage. Each of these water readings will then be averaged over five years. The averaged annual water usage is then adjusted by applying a percentage return to sewer to determine the adjusted annual water usage. The minimum and maximum charges established by ordinance will apply to all single-family residential customers whose water utility meter readings fall under or over the established limits.

Multifamily Residential. The annual sewer service charge for multifamily residential customers shall be determined in the same manner as for single-family residential customers. For multi-family residential customers with separate parcels sharing a single water utility meter, the annual total water usage shall be divided among the number of parcels served and applied to each parcel equally. The annual sewer service charge will be based on the adjusted annual water usage for the parcel. The minimum and maximum charges established by ordinance will apply on a per unit basis to all multifamily residential customers whose water utility meter readings fall under or over the established limits.

Nonresidential. The annual sewer service charge for nonresidential customers shall be determined by applying the sewer charge per hundred cubic feet (HCF) to the adjusted annual water usage. The annual water usage is based on the prior 12 months metered water usage from May through April for the customer and is adjusted by applying a percentage return to sewer to determine the adjusted annual water 2026-08-12 Item #01 Special Meeting Page 139 of 169
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25 usage. A minimum charge has been established for nonresidential customers.

When less than three full bi-monthly billing periods (six full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for nonresidential customers for the prior year, the median annual water use for that customer subclassification, as set by ordinance, shall apply. When more than three full billing periods, but less than six full bi-monthly periods (12 full monthly periods for customers of the Olivenhain Municipal Water District) of metered water use is available for nonresidential customers for the prior year, the use shall be normalized to one year.

When a single water meter serves more than one customer classification on a parcel, the highest strength classification will be used in determining the rate per 100 cubic feet of water usage.

1. Applications shall be in writing on a City form submitted with any applicable processing fee established by resolution of the City Council.

A. . Applications for review shall be submitted to the Director of Utilities within thirty days from the date of receipt of the initial sewer service charge notice. Alternatively, a request may be made within thirty days from receipt of the property tax billsewer connections and/or sewer service shall be submitted at the Public Works Department counter at the Civic Center on prescribed forms provided by the City.

2. Applications shall contain the following information:
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26 a. A description of the property or premises on which the service charge is imposed, including the street address;
b. The name and mailing address of each owner or owners of the property or premises for which a review and adjustment is requested;
c. A statement of the reason or basis for the request for adjustment; and d. A description of all material facts supporting the request for adjustment.

01.12.030. Thereafter, the person who has raised the dispute may proceed with a legal action challenging the decision of the City in accordance with the provisions of Article 2, Chapter 5, Part 9, of Division 1 of the California Revenue and Taxation Code.

C. Where sewer service charges are collected on the tax roll, collection will continue until the next annual assessment, and if a reduction is applicable, the City shall reimburse the excess fees collected by reducing the fees assessed for the following annual assessment period. In the situation where it is anticipated that an owner will be owed more excess fees than is due the following period, the City will refund the owner.
(Ord. 98-10)
B. Compliance of Applicant. Application approved for sewer service and/or sewer connections will signify the applicant's willingness and intention to comply with all ordinances and regulations relating to sewer service and/or connections and to make payment for such sewer service fees, connection/capacity fees, sewer construction permit deposits, and inspection fees, as well as other pertinent contingent fees set forth by resolution and by other applicable rules and regulations.
(Ord. 97-04; Ord. 2014-12)
§ 18.08.090. Challenge of Sewer Service Charge Determination.

A. Administrative Review. The property owner of record or his/her designee subject to the sewer service charge may apply in writing to the Public Works Director or his/her designee for an exception or adjustment as hereinabove provided in Sections 18.08.060 and 18.08.070; however, no rebate of fees upon such exception shall be allowed for any fees paid one year or more preceding the filing of such application. The applicant shall complete an official application for review of annual sewer service charge, supplied by the Public Works Department. The applicant shall furnish necessary factual data to support such application. The Public Works Director or his/her designee shall review the application and approve or deny the application based on the information provided by the applicant.

B. Appeal to City Manager. Upon denial or conditional approval by the Public Works Director or his/her designee, any applicant dissatisfied with such decision may appeal same to the City Manager.

C. Appeal to City Council. Upon denial or conditional approval by the City Manager, any applicant dissatisfied with such decision may appeal same to the City Council. Such appeal must be filed in 2026-08-12 Item #01 Special Meeting Page 141 of 169
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27 writing with the City Clerk pursuant to Chapter 1.12. (Ord. 98-10; Ord. 2022-06)
§ 18.08.100. Submeters.

2. The use of the submeter be pre-approved by the Utilities Director or designee prior to installation.

3. The submeter be connected to a water line exclusively used for indoor or outdoor water use.

4. An annual service charge may be imposed by the respective water agency for the meter reading during which the usage is recorded. The above-mentioned charge shall be set by ordinance.

5. An annual service charge may be imposed by the respective water agency for the meter reading during which the usage is recorded. The above-mentioned charge shall be set by ordinance.

B. A penalty will be imposed by the City for any submeter found to be tampered with, adjusted, or improperly installed to produce false readings.

18.08.080 for other clarifications on billing for these properties. (Ord. 2002-05; Ord. 2024-01, 3/13/2024)
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28 CHAPTER 18.10

SEWER CAPACITY FEE
§ 18.10.010. Establishment of 08.020. Sewer Connection/Capacity Fee. Fees.

A. The City Council shall establish the sewer capacity fee imposed under Section 18.10.010 by ordinance or resolution.

A.B. The Director of Utilities or City Manager, or designee, shall periodically, and not more than every five years, review the sewer capacity fees to determine whether the current fees need to be recalculated based on factors such as new or deleted sewer system facilities, changes in the costs indices and depreciation, and the number of customers as determined by the number of equivalent meters. If the City Manager determines that, there has been a significant change in the factors that are used to calculate the capacity fees, which in turn requires a revision of the fees, the City Manager shall recommend to the City Council a revision to the sewer capacity fees.

B.C. Connection/capacity Capacity fees and inspection fees are due and payable at the time of application for a wastewater discharge permit. The number of equivalent dwelling units shall be used to compute the amount of the connection capacity fee.

C.D.If the proposed connection cannot be made, the wastewater discharge permitfee will not be refunded when approved. by the City Engineer.

E. Capacity Fees shall be deposited in a restricted fund for the sole purpose for which they are collected, as required by the Government Code section 66000-66025.

A. The sewer connection/capacity fee shall be set by ordinance. (See Health and Safety Code Section 5474.)
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29 § 18.1008.025. Equivalent Dwelling Unit Determination.

A. Residential. The number of equivalent dwelling units (EDUs) are assigned to each structure is determined as follows:by the latest Sewer Capacity Fee Study, adopted by the City Council. The City Engineer may assign EDUs for Commercial/School/Industrial Waste Generators/Facilities, based on the methods and criteria described in the adopted Sewer Capacity Fee Study.

Cardiff Sanitary Division Encinitas Sanitary Division

1. Single-family residence 1.0 EDU per each individual
dwelling unit, per lot (includes
manufactured homes, and
mobile homesmobilehomes
which are on private lots)

1.0 EDU per each individual
dwelling unit, per lot (includes
manufactured homes, and
mobile homesmobilehomes
which are on private lots)

2. Multi-family (including all
residential condominiums,
apartments)

0.6 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot

0.7 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot

3. Accessory dwelling units 0.6 EDU, regardless of number of bedrooms, per each individual
living unit on the same lot

0.7 EDU, regardless of number
of bedrooms, per each individual
living unit on the same lot
Cardiff Sanitary Division Encinitas Sanitary Division

1. Food service establishments
a. Take-out restaurants with disposable utensils, no dishwasher, and no public restrooms

3.0 EDU
b. Miscellaneous food establishments: ice-cream/yogurt shops, bakeries, or equivalent (sales on premises only)

3.0 EDU
c. Take-out/eat-in restaurants with disposable utensils, but with minimum seating and public restrooms

3.0 EDU
d. Restaurants with re-usable utensils, seating and public minimum restrooms, includes cocktail bars

SANITARY SEWER
30 2. Hotels and motels (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to living units, as per this chapter) a. Per living unit without kitchen 0.38 EDU
b. Per living unit with kitchen 0.60 EDU

3. Commercial, professional, industrial buildings, to include markets, recreational facilities, full-service laundries/dry cleaners, mortuaries, and all variations thereof, and establishments not specifically listed herein
a. Any office, store, motor-vehicle wash, or industrial condominium or establishment i. First 1,000 square feet 1.2 EDU
ii. Each additional 1,000 square feet or portion thereof 0.7 EDU b. Where occupancy type or usage is unknown at the time of application for service, the following EDUs shall apply. This shall include, but not be limited to, shopping centers, industrial parks, and professional office buildings
i. First 1,000 square feet of gross building floor area 1.2 EDU ii. Each additional 1,000 square feet of gross building floor area (portions less than 1,000 square feet will be prorated)

0.7 EDU

4. Self-service laundry, per washer 1.0 EDU

1.5 EDU

However, where the school has had no attendance during the preceding fiscal year, the Director of UtilitiesCity Engineer shall estimate the average daily attendance for the fiscal year for which the fee is to be paid and compute the fee based on such estimate.

7. Convalescent homes (any accessory facilities such as laundry, dining, recreational area, residence, etc., shall be considered separately in addition to beds/residents, as per this chapter) a. Skilled nursing care facilities, psychological hospitals, convalescent hospitals; licensed by the Department of Health

0.7 EDU/bed
b. Community care facilities with 16 or more beds licensed by the State Department of Health

0.5 EDU/bed
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31 c. Small community care facilities with 7 to 15 beds licensed by the County Department of Social Services

0.5 EDU/bed
d. Community care homes with six or fewer total residents, including resident staff and housekeepers (to be the same EDU as a single-family residence)

1.0 EDU

8. Automobile service station
a. Four gasoline/diesel/natural gas pumps or less 2.0 EDU b. More than four gasoline/diesel/ natural gas pumps 3.0 EDU c. Each floor drain connected to sewer 0.5 EDU

9. Warehouse or equivalent, per four fixture unit increment 1.0 EDU

C. §Exceptions. The City Engineer shall exercise their professional judgment and discretion to determine and assign EDUs for wastewater discharge permits, or modifications thereto, to assess the sewer connection/capacity fee for structures, and/or uses, and/or combinations thereof not otherwise specified in Section 18.08.025.
(Ord. 97-11; Ord. 98-10; Ord. 2024-07, 5/22/2024; Ord. 2025-02, 2/19/2025) § 18.1008.030. Authority of Director of Utilities: Unspecified and Exceptional Uses.

In the case of other establishments not included in subsections A or B above, or when the EDUs specified are not representative of actual flow due to the number of employees or type of operation or use, the number of equivalent dwelling units shall be determined in each case by the Director of Utilities and shall be based upon the estimated volume and type of wastewater discharged into the sewer. In all cases, the calculation shall result in a fee that does not exceed the reasonable cost to provide the service 2026-08-12 Item #01 Special Meeting Page 146 of 169
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32 CHAPTER 18.12

SEWER CONSTRUCTION REIMBURSEMENT CONNECTION FEE
§ 18.12.010. Purpose.

It is the purpose of this chapter to provide forallow a reimbursement connection fee at the time of connection when the sewer service has been made available by a private developer prior to the time that the City would have been able to make the sewer service available. ReimbursementThe purpose of the reimbursement connection fee is to be made pursuant to contract made under Government Code Sections 66483 and 66488, toreimburse the person privately constructing the sewer main, which is dedicated to the public and offered to the City in accordance with City Administrative Policy G042.
(Ord. 2002-05)
§ 18.12.020. Procedure.

A. The City and the developer may enter into a reimbursement agreement in which the developer agrees to dedicate the sewer main to the public and offer the main to the City.

B. The ordinance must be in effect for a period of at least 30 days prior to the filing of a tentative map , or parcel map, if required for a developer’s parcel.

B.D. Upon acceptance of the sewer main by the City in accordance with Section 4742.3 of the Health and Safety Code, the City shall adopt a resolutionan ordinance imposing a reimbursement connection fee for connections to that sewer main. The reimbursement connection fee shall be determined by the Director of Utilities, or designee,City Engineer and City's administrative manual, and shall provide determination of amountfunds to reimburse the developer for costs of the main which benefit other property owners whowhich connect to the main. The reimbursement connection fee shall include a six percent per annum simple interest charge set upon the date of approval of the reimbursement agreement at a rate equivalent to the yield of a United States Treasury Note for an equivalent time period to partially reimbursecompensate developer for theirhis/her financing costs. The developer shall not be reimbursed for theirhis/her fair share of the project costs (that portion of the improvement costs that directly benefits theirhis or her development.). The City shall return the collected reimbursement connection fees to the developer, less administration fees and any other costs or fees, in accordance with the terms of the reimbursement agreement and Policy G042.
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33 E. The City Clerk shall maintain a list of sewer reimbursement agreements approved by City Council. (Ord. 2002-05)
§ 18.12.030. Term of Agreement.

The period over which the reimbursementspecial connection fee as described in 18.12.020 isfees are collected shall be 20 years. The City shall have no further obligation regarding reimbursement fees after the term of the agreement expires.
(Ord. 2002-05)
§ 18.12.040. Reimbursement of Costs by Benefiting Property Owners Connecting.

The following sewer reimbursement ordinances have been approved by the City Council. (Note: All references to "District" or "Cardiff Sanitation District" mean City or City of Encinitas.) (Ord. 2002-05)
§ 18.12.100. William J. Ackerman Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $7,750.00 plus six percent annual simple interest upon the effective date of Ordinance No. 92-01 (December 10, 1992), adopted by the board of the District for premises connecting directly to the sewer line (CS079) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between William J. Ackerman and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on December 10, 2002. (Ord. 92-01)
§ 18.12.120. Philip Boczanowski Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,330.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 89-03 (April 6, 1989), for premises connecting directly to the sewer line (PC1971) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Philip Boczanowski and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999.
(Ord. 89-03)
§ 18.12.121. Raymond and Lilly Bosch and Mike and Katie Colton Reimbursement Connection Fee.

SANITARY SEWER
34 effective date of Ordinance No. 96-01 (March 29, 1996), until paid for equivalent dwelling units connecting directly to the sewer facility known as CS183 located in Fortuna Ranch Road, generally west of Rancho Summit Drive and east of Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff sanitation district Ordinance No. 96-01. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee.

This agreement expires on March 29, 2016.
(Ord. 96-01)
§ 18.12.122. Gary Bukamier Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $16,723.56 plus six percent annual simple interest computed from the effective date of Ordinance No. 96-02 (January 17, 1997), until paid for equivalent dwelling units connecting individual lateral(s) directly to the sewer facility known as CS121 running easterly in Fortuna Ranch Road, thence northerly and thence easterly in Bukamada Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 96-02. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on January 17, 2017. (Ord. 96-02)
§ 18.12.140. Reimbursement Fee—Cardiff Sanitary Division.

In addition to any other fees for connections to a public sewer main within the Division, there is established a reimbursement fee of $46,086.71 plus six percent annual simple interest computed from the effective date of this Ordinance 2003-01 for each parcel which connects its lateral directly to the sewer main known as CS271 located in the vicinity of Bumann Road in Encinitas, as more fully set forth in the Notice of Competition CCE99D filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2003-01, or until such time as the reimbursement agreement expires, whichever is sooner. (Ord. 2003-01)
§ 18.12.160. DuVivier Company Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,240.00 per primary benefiting acre and $620.00 for each secondary benefiting acre that flows directly or indirectly through the sewer line (PC1846) plus six percent annual simple interest for premises connecting directly or indirectly to the sewer line as shown on plan attached as Exhibit "A" to the "Reimbursement Agreement Between Du Vizier Company and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on January 16, 2007. (Ord. 86-58)
§ 18.12.180. (Reserved: E).
§ 18.12.200. (Reserved: F).
§ 18.12.220. (Reserved: G).
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35 § 18.12.240. Stephen and Karen Hoffman Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $11,140.01 plus six percent annual simple interest computed from the effective date of Ordinance No. 98-03 (August 14, 1998) until paid for equivalent dwelling units connecting directly to the sewer facility known as SC193 located in Sereno View Lane, generally south of 9th Street and west of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 10 years from the effective date of City of Encinitas Ordinance 2008-18.
(Ord. 2008-18)
§ 18.12.260. (Reserved: I).
§ 18.12.280. (Reserved: J).
§ 18.12.300. (Reserved: K).
§ 18.12.320 Reimbursement Fee—Lang, London, Machain, Saraspe, and Shipman.

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $37,096.34 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-03 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14266-I running in the vicinity of El Camino Del Norte in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-03. (Ord. 2025-03, 3/19/2025)
§ 18.12.340. Michael J. Mahon Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $2,264.16 plus six percent annual simple interest upon the effective date of Ordinance No. 91-04 (October 10, 1991), adopted by the Board of the District for premises connecting directly to the sewer line (PC1989) as shown on plan attached as Exhibit A to the "Reimbursement Agreement between Michael J. Mahon and the Cardiff Sanitation District," on file in the Office of the District Clerk. The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee. This agreement expires on October 10, 2001. (Ord. 91-04)
§ 18.12.341. C. Samuel and Anne Marasco Reimbursement Connection Fee. 2026-08-12 Item #01 Special Meeting Page 150 of 169
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36 In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $9,466.05 plus six percent annual simple interest computed from the effective date of Ordinance No. 99-01 (July 30, 1999) until paid for equivalent dwelling units connecting directly to the sewer facility known as CS073 located in Cole Ranch Road, generally south of Lone Jack Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 99-01. This agreement expires on July 30, 2019. (Ord. 99-01)
§ 18.12.360. (Reserved: N).
§ 18.12.380. Patrick O'Connor Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $1,900.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 89-02 (April 6, 1989), for premises connecting directly to the sewer line (PC1814) as shown on plan attached as Exhibit A to the "Reimbursement Agreement Between Patrick O'Connor and the Cardiff Sanitation District," on file in the Office of the District Clerk. This agreement expires on April 6, 1999.
(Ord. 89-02)
§ 18.12.381. Olivenhain Sewer Joint Venture (John Cover) Reimbursement Connection Fee.

In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement connection fee of $3,966.00 plus six percent annual simple interest computed from the effective date of Ordinance No. 93-06 (February 11, 1994), until paid for equivalent dwelling units connecting directly to the sewer facility know as CS025 running South in Rancho Santa Fe Road, thence westerly in Whisper Wind Drive in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance No. 93-06 (this agreement expires on February 12, 2014). The agreement states that the District retains an administrative fee which is five percent of the gross reimbursement connection fee.
(Ord. 93-06)
§ 18.12.460. Schibler and Tracy Reimbursement Fee.
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37 In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $51,873.30 plus six percent annual simple interest computed from the effective date of Ordinance No. 2004-01 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS400 located in the vicinity of Fortuna Ranch Road and Akita Lane in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2004-01. (Ord. 2004-01)
§ 18.12.461 Reimbursement Fee—Sinnett.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $32,014.50 plus six percent annual simple interest computed from the effective date of Ordinance No. 2008-17 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS502 located in the vicinity of west side of Rancho Santa Fe Road in between Woodwind Drive and Encinitas Boulevard in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance 2008-17.
(Ord. 2008-17)
§ 18.12.470 Reimbursement Fee — Tavares.

In addition to any other fees for connections to sewer lines within the City, there is established a sewer reimbursement fee of $39,196.92 plus six percent annual simple interest computed from the effective date of Ordinance No. 2025-12 until paid, per equivalent dwelling unit connecting directly to the sewer facility known as 14187-I running in the vicinity of Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the City Clerk. This section shall have no further effect on and after 20 years from the effective date of Ordinance No. 2025-12. (Ord. 2025-12, 11/25/2025)
§ 18.12.480. Paul Trester et al (9th Street Extension) Reimbursement Connection Fee.

SANITARY SEWER
38 northwesterly in Sereno View Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the District Clerk. This section shall have no further effect on and after 10 years from the effective date of Cardiff Sanitation District Ordinance No. 93-03 (this agreement expires on November 12, 2003).

The agreement states that District retains an administrative fee which is five percent of the gross reimbursement connection fee.
(Ord. 93-03)
§ 18.12.541. Reimbursement Fee—Bruce Wiegand et al.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,624.50 plus six percent annual simple interest computed from the effective date of Ordinance 2003-02 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS267 located in the vicinity of 5th Street and Rancho Santa Fe Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2003-02. (Ord. 2003-02)
§ 18.12.542. Reimbursement Fee—Walker and Harrison.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $10,861.36 plus six percent annual simple interest computed from the effective date of Ordinance No. 2005-13 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS403 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No. 2005-13. (Ord. 2005-13)
§ 18.12.560. (Reserved: X).
§ 18.12.580. (Reserved: Y).
§ 18.12.600 Reimbursement Fee—Zimdars et al.

In addition to any other fees for connections to sewer lines within the Division, there is established a reimbursement fee of $21,504 plus six percent annual simple interest computed from the effective date of Ordinance No. 2006-03 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS303 located in the vicinity of Copper Crest Road in Olivenhain, as more fully set forth in the agreement filed in the Office of the Division Clerk. This section shall have no further effect on and after 20 years from the effective date of City of Encinitas Ordinance No 2006-03. 2026-08-12 Item #01 Special Meeting Page 153 of 169
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39 CHAPTER 18.16

SEWER CONSTRUCTION REQUIREMENTS
§ 18.16.010. Purpose.

The purpose of this chapter is to specify certain Citysome of the City's requirements relating to sewer construction. This chapter supplements the requirements in the City’s most recently adopted Engineering Design Manual. All sewer construction shall conform to the City’s most recently adopted Engineering Design Manual.

A. Further purposes of this chapter are: 1) to increase public awareness of private sewer systems; 2) to prevent sewer spills and promote public health and safety; 3) to prevent blockages of the sewer system and accidental discharges and spills; and 4) to assure equitable implementation of the regulations throughout the City.

A.B.If there is an inconsistency between the Engineering Design Manual and this section, the most stringent requirement shall prevail.
(Ord. 95-16)
§18.16.015. Definitions.

No person shall perform work in the City right of way or sewer easement without first obtaining a permit from the City Engineer or designee.
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40 § 18.16.030. Sewer Construction Permits Required; Security Required.

No person shall connect to the public sewer without first obtaining a sewer construction permit from the City Engineer or designee. A sewer construction permit shall be valid for a length of time not to exceed one year from the date of issuance.

1. In cases of sewer lateral installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits.

2. The applicant shall provide security guaranteeing proper completion of the work conforming to Section 23.36.130(D) of the City of Encinitas Municipal Code. \ (Ord. 97-04)
§ 18.16.040. Sewer Easements Required.

The expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the applicant. Sewer lateral work in the public right-of-way requires a City permit. (Ord. 2002-05)
§ 18.16.050. Access for Utility Holes Must be Accessible by City Maintenance Vehicles Required.

All public sewers within City sewer easements shall be constructed within the alignment of an all-weather surface road The developer shall be required to grade an access road to maintain theany public sewers.

Additionally, the Property Owner constructed within easements and may be required to dedicate additional access easements and construct and dedicate access roads to the City to maintain the public sewer. sewers. All of the sewer utility holes, also known as manholes shall must be accessible to a combination sewer cleaning by vehicle including a hammer-head turn around. In order to be accepted into the City's publicly maintained sewer system, all new sewer mains shall be constructed only within maintained roadways that have all-weather surfacing.
§ 18.16.060. Developer to Install and Map030. Installation of Sewer Lateral Connections. from Main to the Property Lines are Required for Unconnected Properties When a Sewer Main is Constructed.

When a sewer main is constructed as part of a public right-of-way improvement plan, the developer is required to install sewer lateral connections from the sewer main to the property line offor each developed, unconnected lot that could be served by that sewer main. The This is to limit the construction on newly improved public roadways. In addition, the developer shallis required to show all the lateral locations on the improvement plan submitted toinstalled by the Citydeveloper. (Ord. 2002-05) § 18.16.070050. Separate Sewer Laterals: When Required.

1. Separate private sewer laterals are required for each single-family dwelling. 2026-08-12 Item #01 Special Meeting Page 155 of 169
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41 2. Separate private sewer laterals are required for each , and condominium.

Exception: So long as a homeowner’s association is formed and manages and maintains fully functional private sewer lateral(s), separate private sewer laterals are not required. All condominiums shall have separate connections, unless a homeowner's association is formed to manage and maintain

3. A separate privateHowever, a separate sewer lateral is not required for an approved accessory unit to a single-family dwelling, on the same lot.

4. Every separate residential building or other building on one Where a lot that is connected to the sewer main contains more than one residence or building, excluding Attached ADUs and Detached ADUs as defined in Chapter 30.04 of the Encinitas Municipal Code, each structure shall be separately and independently connected with the City sewer system.

Exception: Where The exception to this rule, is the situation where there is a building located in the rear of a lot lackswithout access to any other available sewer main. In this case, it may be connected with the sewer of the building in the front of the same lot. (Ord. 2002-05)
§ 18.16.080. Developer to Pay Cost of Sewer Lateral.

1. The expense of construction, installation, replacement, and maintenance of the sewer laterals are solely the responsibility of the developer.

1.2.The cost of all soils and material testing, as well as the cost of any necessary special inspection, shall be directly borne by the developer.
§ 18.16.080. Excavations to be Properly Barricaded and Noticed.

A. Shall use materials approved by the City Engineer or designee which are designed to prevent root intrusion.

A.B. Shall provide cleanout caps or plugs on all cleanouts installed on private sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight. (Ord. 97-04; Ord. 2002-05)
B. § 18.16.090. Sewer Utility Easements.

C. Sewer utility easements shall be obtained for all sewer main extensions, except for sewer mains to be located within a public street. Under no circumstances shall any structure be placed over or around any sewer main or extension, or within a City utility easement, unless an encroachment permit has been granted by the City Engineer.
2026-08-12 Item #01 Special Meeting Page 156 of 169
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42 § 18.16. 100060. Privately Owned Sewer Pumps.

Private sewage discharge pumps may be permitted only if it can be determined that no other alternatives exists or that an unnecessary hardship is thereby created. Sewer pump proposals will require the applicants to have a civil engineer review the alternatives and submit their findingsfinds to the City Engineer, or designee, for review. If the sewer pump is permitted, the property owner will assume all liability and responsibility associated with the maintenance and operation of the sewage pump. Privately Owned Sewer Pumps shall only serve a single residence.
(Ord. 2002-05)
§ 18.16.110070. No Surface Water Connection Allowed to the Sewer System.

No person shall connectmake connection of roof downspouts, exterior foundation drains or other sources of surface runoff or groundwater to a building drain which in turn is connected directly or indirectly to a public sewer.
§ 18.16.10020. Inspection.

Sewer facilities under construction shall be inspected periodically or as deemed necessary by the City Engineer to assure that construction conforms to the intent of the approved plans and specifications, City design standards and other applicable codes. No person shall bury or backfill new sewers or laterals until inspected by personnel of the City or its authorized representative. No person shall interfere with or delay entrance by an authorized City inspector attempting to inspect any sewer construction. § 18.16. 120. Sewer Construction Permits.

A sewer construction permit must be issued before the material sewer connection can be made to the public sewer system. Prior to a sewer connection permit being issued the property must be within the jurisdiction of the City's sewer system, and the wastewater discharge permit fees paid, as well as all other required sewer fees. In cases of sewer lateral installation in a new subdivision or on a public sewer main extension under construction, the issuance of wastewater discharge permits may be deferred until prior to issuance of any building permits. Right-of-way construction permits are required when sewer construction permits are issued for work in the public right-of-way. The cost of all soils and material testing, as well as the cost of any necessary special inspection, shall be directly borne by the applicant/developer. The applicant shall provide security guaranteeing proper completion of the work conforming to Section 23.36.130D of the City of Encinitas Municipal Code. A sewer construction permit shall be valid for a length of time not to exceed one year from the date of issuance.
(Ord. 97-04)
§ 18.16.130110. Responsibility for Damages to Sewers or Streets by Person Doing Work.

SANITARY SEWER
43 Cleanout caps or plugs are required on all cleanouts installed on sewer laterals and on all access points to the lateral. The cleanout above-ground access points shall be closed and water tight. (UPC707.1) (Ord. 97-04)
§ 18.16.140. Requirements and Standards—City Engineer Authorization.

The City Engineer may authorize exceptions to requirements and standards contained in this chapter subsequent to issuing a finding of practicality and substantial consistency with the intent of this Code Title to the City Manager. The City Engineer may impose reasonable conditions on any exception necessary to preserve the intent of this CodeTitle.
(Ord. 2002-05; Ord. 2017-07)
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44 CHAPTER 18.20

COST RECOVERY FOR PROTECTIVE SEWER SERVICES
§ 18.20.010. Purpose.

The purpose of this chapter is to establish procedures for obtaining reimbursement from responsible persons for the expenses of any emergency response by the City to protect the public from sewage spills and other health and safety concerns related to sewage.
(Ord. 95-16)
§ 18.20.020. Sewage Spills are Unlawful.

In accordance with the Health and Safety Code Section 1175554476, a person who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent or accumulation of human excreta, or any food wastegarbage, in or upon any street, alley, public highway, or road in common use or upon any public park or other public property, or upon any private property into or upon which the public is admitted by easement, license or otherwise is guilty of a misdemeanor. Section 1.08.030 of the City of Encinitas Municipal Code states that it is unlawful for any person to create, cause, commit or maintain a public nuisance within the City and that the violation of any regulatory provision of the City's Code constitutes a public nuisance. § 18.20.030. Reimbursements Required.

A person who acts negligently or in violation of the law and thereby requires the City to provide an emergency response to a danger posed by sewage and/or hazardous substances shall reimburse the City for the costs incurred. If, after receiving a notice to correct and a hearing by the City,If the person does not immediately correct the cause and/or the resulting health and safety problem, then the City is hereby authorized to correct the problem situation at the negligent or violating person's expense. § 18.20.040. Report.

City personnel involved in an emergency response shall submit a report to the Public Works Director of Utilities indicating:

A. The costs incurred;
B. The person or entity apparently responsible for reimbursing the City and the basis of the determination regarding responsibility.
§ 18.20.050. Notice to Responsible Party.

A. If it is reasonably likely that the party identified in the report is responsible for reimbursing the City, the Public Works Director of Utilities may submit a demand to the identified party. The Public Works Director of Utilities is authorized to accept a reasonable offer of reimbursement equivalent to the Director’s estimated cost for the City’s response, which may include, but is not limited to, staff time, repairs and/or replacement, and any other associated costs. 2026-08-12 Item #01 Special Meeting Page 159 of 169

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45 B. The Public Works Director of Utilities may set the matter for administrative hearing by the City Council. Notice of the date set for hearing and the report shall be sent to the person or entity to be charged together with a copy of administrative hearing procedures contained in the Municipal Code. Such notice will be sent within 10 days' notice to the parties of the hearing date, including clear documentation of hearing procedures sent with notices. § 18.20.060. Action by City Council.

If the matter is referred to the City Council for administrative hearing, the City Council shall, by resolution:

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City of Encinitas, CA
46 CHAPTER 18.24

INDUSTRIAL WASTEWATER PRETREATMENT
§ 18.24.010. Title.

This chapter shall be known as the "City of Encinitas Industrial Wastewater Pretreatment Ordinance." (Ord. 95-16)
§ 18.24.020. Purpose.

The purpose of this chapter is to provide for the maximum beneficial public use of the City's wastewater system through adequate regulation of sewer construction, sewer use, and industrial wastewater discharge, to provide for equitable distribution of the City's costs, and to provide procedures for complying with wastewater discharge requirements placed upon the City by Encina Wastewater Authority, San Elijo Joint Powers Authority, andand other regulatory bodies. It is intended to protect wastewater collection and treatment facilities, recycled water production and distribution systems, biosolids management programs, receiving waters, public health and safety, and compliance with applicable federal, state, and local regulatory requirements.
§ 18.24.030. Scope.

This chapter shall be interpreted in accordance with the definitions set forth herein and the provisions of this chapter shall apply to the direct or indirect discharge of all waste into the City's sewer system. This chapter provides for the regulation of sewer construction in areas within the Cardiff Sanitary Division andformer Encinitas Sanitary DivisionDistrict boundaries, the quantity and quality of discharged wastes, the degree of wastewater pretreatment required, provision for fees and charges, and the issuance of permits for industrial wastewater discharge., and the establishment of penalties for violation of the ordinance codified in this chapter.
§ 18.24.040. Adherence to Pretreatment Ordinance of Encina Wastewater Authority.

No user shall contribute or cause to be contributed, directly or indirectly, any such influent that is inconsistent with the Encinitas Municipal Code sections on pretreatment, on file in the Office of the City Clerk, and any amendments thereto. In the event of any inconsistencies between regulations approved by the City of Encinitas Municipal Code sections on pretreatment, and San Elijo Joint Powers Authority, and other regulations adopted by the City, the more restrictive regulations shall apply. (Ord. 2002-05)
2026-08-12 Item #01 Special Meeting Page 161 of 169

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City of Encinitas, CA
47 § 18.24.050. Industrial Wastewater Discharge Permit Required.

No person shall connect to or otherwise discharge, or cause to be discharged into the sewer system of the City, any industrial waste unless the City Engineer determines that such discharge meets the industrial waste discharge standards established by the rules or regulations adopted as herein provided, in which case no industrial waste permit shall be required. If the discharge does not meet the industrial waste discharge standards established by this Ttitle, then an industrial waste discharge permit is required. § 18.24.060. Issuance of Industrial Wastewater Discharge Permit.

No permit shall be issued to any person to discharge industrial waste into the sewer system of the City if such discharge will be a hazard or danger to the health or safety of any person or to the property of any person or if such discharge will result in a danger to the capacity, construction, use or proper performance or utilization of the sewer system or be otherwise detrimental or injurious to such systems or either of them, and unless the applicant has complied with all state, federal, and local laws and with all the provisions of this Code and with all applicable rules and regulations adopted as provided for in this title. (Ord. 2002-05)
§ 18.24.070. Fees for Industrial Wastewater Discharge Permits.

Fees may be charged by the City for industrial wastewater discharge permits, for both the issuance of original permits and renewals.
§ 18.24.080. Pretreatment Plans Required.

In the event the City Engineer , in coordination with Encina Wastewater Authority staff and/or the San Elijo Joint Powers Authority staff, determines that pretreatment is required to make the waste acceptable, the applicant shall be so notified and shall submit suitable engineering plans and specifications showing in detail the proposed pretreatment facilities and pretreatment operational procedures which shall be included within and become a part of the original application. A permit shall not be issued until such plans, specifications and operational procedures have been reviewed and approved by the City Engineer. 2026-08-12 Item #01 Special Meeting Page 162 of 169

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48 § 18.24.090. Access for Monitoring.

Any permit issued in accordance with the provisions of this chapter shall be valid for a specified period, and is not transferable unless such permit is revoked or suspended as provided in this title and in the rules and regulations adopted pursuant thereto.
§ 18.24.140. Violation—Disconnection of Facilities—Reconnection Charge.

The City Engineer may revoke or suspend the permit issued to any person in the event of a violation by the permittee of any provision of any applicable state, federal or local laws or this chapter or of any of the rules and regulations adopted in the manner provided for herein. The City Engineer, in accordance with the law, may disconnect from the public sewer any connection to a sewer, main line sewer, or other facility which is constructed, connected or used without a permit, or constructed, connected or used contrary to any of the provisions of any applicable federal, state, or local law or this chapter or the rules and regulations adopted as provided for in this chapter. When a premises has been disconnected, it shall not be reconnected until the violation for which it was disconnected has ceased or been remedied and a reasonable charge for such disconnection and reconnection, as established by the City Engineer, has been paid. 2026-08-12 Item #01 Special Meeting Page 163 of 169

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49 § 18.24.150. Notice of Intention to Disconnect Premises.

The City Engineer shall give not less than five days notice of intention to disconnect the premises or to suspend or revoke a permit, stating the reasons therefor, and may grant a reasonable time for elimination of the violation; provided, however, that if the City Engineer determines that the danger is imminent and such action is necessary for the immediate protection of the health, safety or welfare of the persons or property or for the protection of the sewer system, any premises may be disconnected and service terminated concurrently with the giving of such notice. Notice shall be given to the occupant of the premises, if any, and to the record owner of the property as shown upon the last equalized assessment roll of the County of San Diego by United States mail, registered or certified, return receipt requested, or by posting such notice on the premises.
§ 18.24.160. Enforcement.

The City Engineer is charged with the duty of enforcing the provisions of this chapter and the rules and regulations adopted as provided in this chapter. The City Engineer and the City/ Encina Wastewater Authority/San Elijo Joint Power Authority’sAuthority's duly authorized agents and employees are authorized and shall be permitted to enter upon all properties at all reasonable times, and during operating hours of businesses for the purpose of inspection, observation, measurement, sampling, testing, or other reasons to assure the enforcement and proper application of all the provisions, rules and regulations as provided in this chapter.
2026-08-12 Item #01 Special Meeting Page 164 of 169
1 Section Summary of Significant Changes to Title 18 Sanitary Sewer Chapter 18.01 General Provisions

18.01.010 –
Purpose
Revised. Added more defining, comprehensive language; title protects public health and safety by regulating sewer construction, use, and wastewater discharge.

18.01.015 – Scope
and Application of
Other Laws
New. Clarifies governance scope of sewer facilities within CSD and ESD boundaries, and expressly places compliance responsibility on owners/customers to adhere to City regulations as well as partner agencies (Encina Wastewater Authority and San Elijo Joint Power Authority).

18.01.020 –
Authority;
Severability
Revised. Adds reference to Title’s legal authority per specified sections of California Government Code. Rewording of subsection on severability.

18.01.030 –
Definitions
Revised. Introduces new terms, revises or removes some original definitions to align with overall code revisions.

Notable new definitions: City Engineer, Director of Utilities, Reimbursement Connection Fee, Sewer Capacity Fee

18.01.050 –
Administration;
Enforcement
New. Designates the City Engineer as administrator/enforcer; authorizes exceptions where compliance is impracticable if safety and Title purpose are preserved. Also provides enforcement authority to the City’s Code Enforcement Division.

18.01.060 –
Violation
New. Describes actions identified as code violations and response including; civil recovery; court petition. Details notice process.

18.01.070 –
Penalties;
Reimbursement
of City Costs
New. Defines public nuisance. Adds comprehensive remedies for violation: injunctive relief; cost recovery for damage; penalties for falsifying information; service termination authority (including immediate action if endangerment is imminent); criminal and administrative citations.

18.01.080 –
Inspection and
Testing
Moved from section 18.04.070 and revised. Allows inspection/sampling authority (with court approval if required) to facilities affecting wastewater discharges beyond inspections related to sewer construction; clarifies scope and compliance objectives.

18.01.090 –
Surcharge
Moved from section 18.04.130. Establishes surcharge triggers for grease/oil concentrations in discharge (≥200 mg/L inorganic or ≥400 mg/L organic). References Chapter 18.24 for industrial permit requirements.

18.01.100–110 –
Disconnections;
Reconnection
New. Codifies disconnection authority for unauthorized/prohibited use; requires reconnection permits with cost reimbursement and possible monitoring manhole installation.

18.01.120 –
Delinquency
Moved from section 18.04.090 and revised. Summarizes authorization of delinquency remedies; notice, hearing opportunity, and disconnection/reconnection fees. 2026-08-12 Item #01 Special Meeting Page 165 of 169
2 Chapter 18.04 General Sewer Regulations

18.04.035 – Permit
& Application for
Connection
Moved from section 18.04.110(A). Prohibits any discharge/connection without prior application approval; lists approval criteria (delivery points/elevations, conditions met, fees paid).

18.04.050 –
Unlawful
Connection
Moved from section 18.04.080(B)(2).

18.04.060 –
Service Outside
City Limits
Revised language moved from 18.08.040. Introduces LAFCO annexation requirement.

18.04.080 –
Lateral
Maintenance
Moved from section 18.04.100. New owner responsible for private lateral maintenance/corrections, permit requirements, reimbursement for City work when health/safety threats occur.

18.04.090 –
Restrictions on
Use of Public
Sewers
Moved from section 18.04.110 and revised. Language added from other sections prohibiting discharge not originated on the premises of the connection permit and forbidding anyone but City employees from operating any part of City sewer system.

Includes comprehensive update to prohibited discharges (adds reference to EWA’s pre-treatment ordinance; water reclamation; Total Dissolved Solids >1,200 mg/L); reinforces industrial waste permit requirements.

18.04.160 –
Violation - Penalty
Section deleted and is covered in Ch. 18.01.060 and 18.01.070.

Chapter 18.08
Divided into two chapters: 18.08 – Sewer Service Charges and 18.10 Sewer Capacity Fee
Chapter 18.08 Sewer Service Charges

18.08.010 -
Charges
Heavily revised and moved from section 18.08.030. Language added establishing sewer service charges and use of revenue. Defers to ordinance/resolution for rates and calculations (as determined by Cost of Service Study).

18.08.020 –
Responsibility for
Payment
Moved from section 18.08.030.

18.08.030 –
Collection
Method
Slightly revised. Public Works Director Authority removed and reference to Health & Safety Code 5471 added.

18.08.040 –
Payment
Revised. Payment for sewer service charges language moved from section 18.08.030.

New language clarifies payment deadline for manual bills. 2026-08-12 Item #01 Special Meeting Page 166 of 169
3 18.08.050 –
Penalty for
Delinquent
Charges
New. Sets deadlines for payment and penalties for delinquency.

18.08.060 –
Calculation
Moved from section 18.08.080 and revised. General calculation language replaced with reference to rates set by City Council ordinance or resolution.

Language revises method of calculating sewer service charge for premises not categorized by current Ordinance or Resolution. Instead of using EDUs assigned to the parcel, the charge will be calculated using the estimated or actual volume of flow and suspended solids (ss) and/or biological oxygen demand (BOD) content.

18.08.070 –
Submeters
Moved from section 18.08.100 and revised. Authority assigned to Director of Utilities.

Allows City to charge fees for program participation. Calculation of charges for users with submeters that track outdoor usage and those that track indoor usage specified.

Calculation specified for when there is incomplete consumption data.

18.08.080 –
Authority to
Adjust Charges
Moved from section 18.08.070 and slightly revised. Gives Director of Utilities authority. Expands on process for appealing charges.

18.08.090 –
Administrative
Review
Revised. Language added includes detailed process of application for charge adjustment, timeline, notification, and reimbursement.

Chapter 18.10
Sewer Capacity Fee
New. Includes some language previously located in Ch. 18.08.

18.10.010 –
Establishment of
Fee
New. Establishes and defines capacity fee.

18.10.020 –
Capacity Fee
New and revised language originally in section 18.08.020. Periodic review of five years or less; allowance of City Manager to recommend to Council an adjustment to capacity fee if needed; fee use restricted to dedicated fund as governed by CA Government Code.

18.10.025 –
EDU
Determination
Revised. Moved from section 18.08.025. Specifies assignment of EDUs based on latest Sewer Capacity Fee Study.

18.10.030 –
Authority
New. Gives Director of Utilities authority to determine EDU amount for unspecified or exceptional uses.

Chapter 18.12 Sewer Construction Reimbursement Fee

18.12.010 -
Purpose
Revised. Slight modifications and reference to applicable State Government Code added.
2026-08-12 Item #01 Special Meeting Page 167 of 169
4 18.12.020 –
Procedure
Revised. Specifies that an ordinance with a sewer plan and estimated construction costs must first be passed and in effect for 30 days prior to filing of tentative map for developer’s parcel. Once city’s accepts sewer main, a resolution may be passed establishing a sewer reimbursement district. Additional revisions: authority assigned to Director of Utilities; six per cent interest fee replaced with simple interest pegged to U.S. Treasury Note yield; list of City Council- approved agreements for reimbursement connection fees to be maintained by City Clerk.

18.12.100-600 -
Expired and
Future
Agreements
Revised. Expired agreements have been removed, as well as sections reserved for future agreements.

18.16 Sewer Construction Requirements

18.16.010 -
Purpose
Revised. Clarifies purpose and alignment with Engineering Design Manual (most stringent prevails).

18.16.015 –
Definitions
New.

18.16.020 –
ROW Permit
Moved. Right-of -way construction permit language relocated from 18.16.040.

18.16.030 –
Construction
Permit and
Security
Moved from section 18.16.120 and slightly revised.

18.16.040 –
Easements
Moved from section 18.16.090 and slightly revised.

18.16.050 –
Access
Moved and Revised. Relocated from section 18.16.020. Mandates easements and access roads for maintenance, as well as manhole accessibility.

18.16.060 –
Developer to
Install and Map
Lateral
Moved and revised from section 18.16.030. Clarifies scope of improvement plan.

18.16.070 –
Separate Laterals
Moved and revised from section 18.16.050. Specifies exclusion of ADUs as defined in Chapter 30.04 regarding lots that contain more than one residence or building.

18.16.080 –
Developer to Pay
Cost of Lateral
(1) Moved from section 18.16.040. (2) moved from section 18.16.050.

Former language: This section was formerly titled “Excavation to be Properly Barricaded and Noticed” and deleted
2026-08-12 Item #01 Special Meeting Page 168 of 169
5 18.16.090 –
Private Laterals
Revised. Added language requiring owner to use materials approved by City Engineer or designee. Language requiring cleanout covers moved from 18.16.130.

18.16.100 –
Private Pumps
Revised. Clarifies pumps shall only serve a single residence.

18.16.130 –
Damage
Revised. Includes repair/replacement costs.

18.16.140 -
Requirements
and Standards -
Authorization
Slightly revised and moved from 18.16.125.

18.20 Cost Recovery for Protective Sewer Services
Summary: Establishes reimbursement procedures for emergency responses (spills/health hazards); defines reporting content; authorizes demand for payment, administrative hearing option, and Council actions (confirm/disallow charges, set amount, direct collections).

18.20.050 - Notice
Minor revisions. Authority updated to Director of Utilities. Language added to clarify notice timeline and expectations.

18.24 Industrial Wastewater Pretreatment
Summary: Covers purpose to protect facilities and related infrastructure; formal adherence to National Pollution Discharge Elimination System (NPDES) permits of treatment plants, EWA Pretreatment Ordinance and City Code pretreatment sections; requires permits with tailored conditions/limits/monitoring/reporting; pretreatment plans in coordination with partner agencies; violation‑based disconnection, notice, and enforcement/inspection authority for City and partner agencies.

18.24.020 -
Purpose
Revised. Added more defining, comprehensive language regarding protective purposes.

18.24.060 –
Industrial Permit
Revised. Includes potential conditions for issuance of permit including partner agency requirements.
2026-08-12 Item #01 Special Meeting Page 169 of 169

Encinitas City CouncilAugust 12, 2026

Encinitas City Council
August 12, 2026