Reso 2019-926RESOLUTION NO. 2019-926
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT MODIFYING
THE WASTEWATER DISCHARGE PERMIT
CONDITIONAL WAIVER PERMIT FOR DENNY'S 3170
HARBOR BLVD.
WHEREAS, Denny's 3170 Harbor Blvd. (hereinafter "Denny's") had been
issued a Food Service Establishment Wastewater Discharge Permit Conditional
Waiver Permit (CMSD000028), which allowed operation without a grease
interceptor, due to the fact the restaurant was established before the Waste
Discharge Order was issued by the State Water Resources Control Board, which
required measures to prevent Fats, Oils, and Grease ("FOG") from entering the
sewer system;
WHEREAS, Denny's would be required to install a grease interceptor if
the business had been started after that Order and implementing District
regulations for FOG had been enacted;
WHEREAS, Denny's was allowed to continue to operate without a grease
interceptor pursuant to a conditional waiver that allowed for such status provided
hydro -jetting of the lateral was performed every two months;
WHEREAS, another sewer spill occurred which caused a Notice of Intent
to Order Retrofitting of a Grease Interceptor and Revocation of the Wastewater
Discharge Permit; and
WHEREAS, a hearing on whether to order the retrofitting was duly held
after notice was given on September 23, 2019.
NOW, THEREFORE, the Board of Directors does hereby RESOLVE,
DETERMINE AND FIND:
1. That the above facts are true and correct and incorporated herein.
2. That the State Water Resources Control Board issued a Waste Discharge
Order (WDR 2006-0003) which required all sewer agencies to adopt a
Sewer System Implementation Plan which required, inter alia, that each
agency have a Fats, Oils and Grease ("FOG") regulation which effectively
prevents FOG from entering the sewer system, since those substances
cause sewer system overflows ("SSO"s).
3. The District has adopted FOG regulations and has adopted provisions in
the District's Operations Code, as well as a FOG Control Program Manual.
4. That Denny's is a restaurant that has operated before regulations required
grease interceptors for new construction. That Denny's has been allowed
to operate pursuant to a conditional waiver permit (CMSD 000028) that
authorized operation without a grease interceptor provided certain
maintenance procedures were followed.
5. That Denny's has had numerous sewer spills over the years, some of
which were partially caused by sewer line sags and collapsed laterals.
6. That more recently a series of spills have occurred with grease being a
contributing factor.
7. That Denny's was required to hydro -jet every two months after a sewer
spill on January 29, 2019, with the warning that if another spill occurred
that a grease interceptor would be required.
8. That another sewer spill occurred on May 19, 2019 and Denny's was
ordered by staff to install a grease interceptor.
9. That Denny's appealed that determination to the Board of Directors and
contended that other factors were responsible for the spill, including
homeless persons, prostitutes, and other persons putting inappropriate
objects down Denny's toilets.
10. That the District thereafter provided Denny's with a hearing before the
Board of Directors on September 23, 2019.
11. That at that time staff presented evidence of why the conditional waiver
should be revoked and Denny's ordered to install a grease interceptor.
Testimony, documentary and photographic evidence were produced.
12. That Medhat Bechay, owner of Denny's, appeared and urged that,
although he could not be sure grease did not cause the spills, other
factors contributed to the sewer spill, and that a grease interceptor should
not be ordered installed.
13. After considering the evidence, the Board finds as follows:
a) That there was substantial evidence that grease (FOG) was a cause of
the most recent sewer spill.
b) That if other causes contributed, that the owner may have other means
to control those, including greater control on restroom usage.
c) That the Board found that the action to modify this permit is necessary
to protect the public health, safety and welfare, which are threatened
by future spills, which are otherwise likely.
d) That although grease was a cause, and might justify an order
retrofitting, the Board was willing to consider a maintenance program
that required once a month hydro -jetting.
e) That Food Service Establishment Wastewater Discharge Permit
Conditional Waiver Permit is hereby modified to require once a month
hydro -jetting as prescribed by the General Manager and the District's
FOG program manager.
f) That if further SSOs occur, the Board reserved the right to order a
termination of the conditional variance, and that a grease interceptor
be installed.
14. That if Denny's is dissatisfied with this order, that it may have ninety (90)
days to challenge this matter in the Superior Court.
PASSED and ADOPTED this�ay of ()CftWU:7,--,, 2019.
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Secretary/Treasurer
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