2019_09_23_specialMonday, September 23, 2019
Board of Directors Special Meeting
290 Paularino Avenue, Costa Mesa at 9:00 A.M.
Public Comments: Any member of the public may address the Board. Speakers on agenda items
should identify themselves to the District Clerk before the meeting so that their input can be
provided at the time the item is considered. Speakers on non-agenda items will be heard under
Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda
items except under special circumstances. Speakers must limit their remarks to four minutes or
as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any
speaker out of order.
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part
of the agenda packet. If any document or other writing pertaining to an agenda item is
distributed to all or a majority of the Board after the packet is prepared, a copy of that writing
may be obtained at the District offices at 290 Paularino Avenue, Costa Mesa, California.
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. Opening Items
1. Call Meeting to Order
2. Roll Call
3. Announcement of Late Communications
B. Public Comments
C. Public Hearing
1. Consider Terminating Variance and Ordering Food Service Establishment, Denny's, located at 3170 Harbor
Boulevard, Install and Maintain a Grease Interceptor
2. Opening Comments by President and District Counsel
3. Call the Matter for Hearing
4. Staff Presentation
5. Denny’s Presentation
6. Concluding Comments
7. Public Hearing Closed
8. Board deliberates and renders its decision, directs District Counsel to prepare confirming resolution
D. Closing Items
1. Adjournment
Monday, September 23, 2019
Board of Directors Special Meeting
290 Paularino Avenue, Costa Mesa at 9:00 A.M.
Public Comments: Any member of the public may address the Board. Speakers on agenda items
should identify themselves to the District Clerk before the meeting so that their input can be
provided at the time the item is considered. Speakers on non-agenda items will be heard under
Public Comments. Pursuant to State law, the Board may not discuss or take action on non-agenda
items except under special circumstances. Speakers must limit their remarks to four minutes or
as decided upon by the Presiding Officer. The Presiding Officer reserves the right to declare any
speaker out of order.
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part
of the agenda packet. If any document or other writing pertaining to an agenda item is
distributed to all or a majority of the Board after the packet is prepared, a copy of that writing
may be obtained at the District offices at 290 Paularino Avenue, Costa Mesa, California.
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. Opening Items
Subject 1. Call Meeting to Order
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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A. Opening Items
Subject 2. Roll Call
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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A. Opening Items
Subject 3. Announcement of Late Communications
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
To: Board of Directors
From: Scott Carroll, General Manager
Date: September 23, 2019
Subject: Consider Terminating Variance and Ordering Food Service Establishment, Denny's, located at 3170 Harbor
Boulevard, Install and Maintain a Grease Interceptor
Summary
Denny’s restaurant is a 4,672 square-foot building located at 3170 Harbor Boulevard. The restaurant provides breakfast, lunch and
dinner to patrons twenty-four hours a day seven days a week. In 2019, Denny’s experienced two sanitary sewer overflows (SSOs).
In fact, the Food Service Establishment (FSE) has experienced nine SSOs since 1997. The purpose of this hearing is for the Board of
Directors to receive evidence and testimony from staff and from the restaurant owner/manager regarding the SSOs and then
determine the appropriate course of action to prevent future SSOs from occurring at this establishment.
Recommendation
That the Board of Directors Considers Terminating Variance and Ordering Food Service Establishment, Denny's, located at 3170
Harbor Boulevard, Install and Maintain a Grease Interceptor
Analysis
The following represents an outline of Denny's past SSO history:
February-October, 1997
A total of four SSOs occurred during this time period. Attachment I are written correspondence from the District and Denny's
regarding the four SSO. The spill volume for each SSO is unknown, but the cause was grease and structure defects of Denny's
private sewer lateral.
February 13, 2001 SSO
Included in Attachment 1 is a District memorandum dated March 12, 2001 that describes a brief timeline of events. It was estimated
the volume of the SSO to be 100 to 300 gallons and the cause was grease.
August 2, 2013 SSO
On August 2, 2013, District staff and CR Drains, the District's emergency responding contractor, responded an SSO from Denny's.
The cause of the spill was grease. See email from District staff and pictures of the SSO in Attachment 2
October 4, 2015 SSO
On October 5, 2015, the District mailed an enforcement letter to the restaurant owner. The District requested immediate
implementation of the following preventive measures:
1. By October 9, 2015, Denny’s is to conduct closed-circuit television (CCTV) video of the entire private sewer line servicing the
restaurant, from the first clean out immediately outside of the building to its connection to the District mainline on Harbor
Boulevard.
Subject 1. Consider Terminating Variance and Ordering Food Service Establishment,
Denny's, located at 3170 Harbor Boulevard, Install and Maintain a Grease
Interceptor
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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Fiscal Impact No
Recommended Action That the Board of Directors Considers Terminating Variance and Ordering Food Service
Establishment, Denny's, located at 3170 Harbor Boulevard, Install and Maintain a Grease
Interceptor
Goals 1.0 Sewer Infrastructure
1.8 Fats, Oil & Grease (FOG) Program
2. By October 16, 2015, Denny’s must provide the District a copy of the CCTV video showing the line is clear enough to provide
a detailed assessment of the pipeline condition.
3. If structural deficiencies are identified in the CCTV video, by October 16, 2015, Denny’s must provide the District with a
schedule of necessary repairs. Upon completion of repairs, Denny’s must provide to the District proof of repair services were
performed.
4. Beginning October 9, 2015, Denny’s must increase hydro-jet line cleaning of their private sewer lateral to a frequency of once
every three months (quarterly). The cleaning shall be performed from the clean out immediately outside of the building to the
connection of the District’s mainline on Harbor Boulevard. Quarterly cleaning will continue at this frequency until it can be
demonstrated, via CCTV inspection that continued cleaning at this frequency is no longer required.
5. Denny’s must provide notification to the District a minimum of three days in advance of any planned sewer lateral cleaning
activities.
6. Denny’s must keep all records of sewer lateral cleaning service that clearly describes the section of the pipeline that was
cleaned for each quarter and the records must be maintained onsite and available upon request by the District.
Attachment 3 is a copy of the October 5, 2015 enforcement letter along with pictures of the SSO.
Denny’s hired a private plumber to perform the repair work on their sewer lateral, which was completed in November 2015, but the
District believes the repair work had little affect preventing SSOs due to the overall slope of the line. Denny’s has not been notifying
the District prior to any cleaning activities, but they have been maintaining their cleaning records.
January 29, 2019 SSO
On February 4, 2019, the District mailed an enforcement letter for the January 29, 2019 SSO. The February 4 letter had similar
requirements to the October 5, 2015 enforcement letter, but with two significant differences.
1. Denny’s sewer lateral cleaning frequency was amended to once every two months.
2. Since Denny’s have had numerous SSOs in the past, should another private SSO occur the District will require that Denny’s
install an appropriately sized grease interceptor that is connected to their grease waste sinks and drains within the building.
Attachment 4 is a copy of the February 4, 2019 enforcement letter along with pictures of the SSO.
May 19, 2019 SSO
Less than four months after the January 29 SSO, Denny’s experienced another SSO on May 19, 2019. On May 21, 2019, the
District mailed Denny’s an enforcement letter requiring the establishment to install an approved grease interceptor(s) for all kitchen
waste piping within 180 days of receiving the enforcement letter.
Attachment 5 is a copy of the May 21, 2019 enforcement letter along with pictures of the SSO.
Invoices since October 2015
The District mailed invoices to Denny’s to recoup District costs for responding to three SSOs beginning on October 4, 2015 with a
total of $4,734.47 and only $3,076.35 has been recouped from Denny's.
Denny's Responses
On June 3, 2019, Denny’s responded to the May 21 letter in an email to Joe Jenkins, of EEC Environmental (EEC). EEC is the
hired consultant that enforces the Districts Fats Oil Grease (FOG) program. Denny’s management believes their patrons, the
homeless population and other people working in the area and at the nearby Motel 6 caused the SSO by dumping objects in their
toilets. Attachment 6 is the email from Denny’s management along with the email response from the District.
On June 27, 2019 the District received another email from Denny’s management that include photos, a letter and cleaning invoices.
The letter, dated June 12, 2019 continues to blame their patrons and the homeless for the cause of the SSO and they are refusing to
install a grease interceptor at their establishment. Attachment 7 is the June 27 email along with the attachments.
District Recommends Grease Interceptor
As seen in the October 16, 1997 letter to Denny's (Attachment 1), the District recommended a grease interceptor be installed at the
FSE. However, grease interceptors were not required at FSEs until the Santa Ana Region (Region 8) of the State Water Quality
Control Board adopted sewer regulations, termed the Waste Discharge Requirements (WDR) on April 26, 2002. Subsequent to the
regional order, on May 2, 2006 a statewide WDR was adopted and the local order was rescinded. One of the requirements under the
WDR is the adoption of a Fats, Oils, and Grease (FOG) Control Program to prevent FOG-related sanitary sewer overflows. To
comply with the WDR, the District adopted a FOG Program Manual (see Attachment 8) and a chapter ordinance (Chapter 6.07) that
regulates the prevention of FOG from entering the wastewater system.
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Denny's Allowed to Operate Under Variance
When the regulations were first adopted by the Board of Directors, FSEs that existed prior to the adoption of the WDR were
grandfathered in, which meant they did not have to install grease interceptors. Denny's is one of the FSEs that met the criteria and
therefore does not have a grease interceptor. The ordinance also allowed new FSEs to go in without a grease interceptor if certain
conditions were met. However, that ordinance was thereafter amended and now provides that existing FSEs that “have reasonable
potential to adversely impact the sewer system” shall have grease interceptors installed. (§6.07.080).
There is also a “variance” from Pretreatment Requirements that allows other technologies in lieu of a grease interceptor if it is
“impossible” or “impractical” to install a grease interceptor. The criteria is set forth. (§6.07.090). However, as described below, staff
believes this section does not apply to Denny's.
FSEs are expected to comply with the Operations Code, the FOG Control Manual and permit conditions in the FOG Discharge
Permit (§6.07.160). Attachment 9 is a copy of Denny's FOG Discharge Permit. The permit indicates that the conditional waiver
granted to Denny's can be revoked if the establishment is identified as a significant contributor of FOG into the sewer system, which
is based on inspection or sampling of the FOG discharged from its facility's sewer lateral to the sewer system. Staff has
provided evidence in this staff report that Denny's is a significant contributor of FOG into the sewer system.
Staff Now Recommends Variance Be Terminated and Grease Interceptor Retrofitted
According to §6.07.170, "Food Service Establishments found to have contributed to a sewer blockage, SSO, or any sewer system
interference resulting from the discharge of wastewater containing FOG, shall be ordered to install and maintain a grease interceptor,
and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and
blockages."
The section continues as follows:
“Said order shall not be made unless the property owner has been given notice of the proposed action and an opportunity to address
the Board of Directors regarding the proposed action. Any order to retrofit shall contain a finding that the action was necessary to
protect the public health, safety and welfare, which are threatened by future sewer spills that are otherwise likely."
Attachment 10 is a letter dated August 15, 2019, notifying the property owner and management of the proposed action the Board is
considering today.
During the Board's public hearing, staff will show a video of Denny’s sewer lateral that will clearly identify FOG as the cause of SSOs.
Staff believes there are four options to consider for installing a grease interceptor at Denny’s. Each option below identifies the pros
and cons and estimated costs.
1. Based on their number of fixtures, Denny’s would need to install a 750 gallon gravity grease interceptor. This is the most
expensive option as it requires significant excavation and separation of sanitary and grease waste plumbing.
Pros: larger capacity provides the best defense against FOG discharge to sewer. Less pumping required (possibly quarterly
depending on FOG loading).
Cons: expensive. Estimated costs is $40,000 - $50,000 (doesn’t include possible temporary closure of FSE for construction).
2. Next option is to require a large Hydromechanical Grease Interceptor (HGI) (75-100 gpm) on the exterior of the building. This
would be either a Schier GB250 or a Trapzilla.
Pros: cost is slightly less to install than Option 1 because the unit cost less and the requirement of a smaller excavation area. Also,
this provides more options for installation alternatives. Pumping costs will also be less than Option 1.
Cons: smaller capacity requires more frequent pumping due to their high FOG production. Even though slightly less to install, still
expensive to separate grease waste plumbing. Estimated costs is $35,000 - $45,000.
3. Require an internal 35-75 gpm HGI. Would require as many sinks and drains connected as possible. Possibly installed sub-
slab in back-of-house.
Pros: may not have to separate existing plumbing and excavation is smaller so less costly to install.
Cons: small device will require very frequent maintenance (weekly possibly). Requires pumper to enter facility to maintain and
inspectors to enter facility. May not be able to connect critical grease bearing sinks or drains (i.e., mop sink or pre-rinse). Estimated
costs is $20,000 - $30,000.
4. Require 25-35 gpm HGI for pot sink.
Pros: cheapest installation costs and lots of options for different types of devices (i.e., passive vs automatic).
Cons: requires weekly or even more frequent maintenance. Does not connect pre-rinse or mop sink. May not make significant
enough difference in FOG in sewer line. Estimated costs is $10,000 - $15,000
Staff is recommending Option 2 because of less disruption with patrons due to smaller excavation and the cost is slightly less than
Option 1.
Legal Review
District Counsel has reviewed this report.
Environmental Review
The possible requirement of installing a gravity grease interceptor at Denny's is categorically exempt from CEQA as a Class 1,
Existing Facility, where "The operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination."
Financial Review
Ordering Denny's to install a grease interceptor will save District resources from responding to future SSOs. The District mailed
invoices to Denny’s to recoup District costs for responding to three SSOs beginning on October 4, 2015 with a total of $4,734.47 and
only $3,076.35 has been recouped. Denny’s has an outstanding balance of $1,658.12 due on August 31, 2019. If balance not paid by
the due date penalty and interest will be applied.
Date Invoice Amount
10/04/2015 228 $2,214.98
01/29/2019 505 $861.37
05/19/2019 685 * Past Due $1,658.12
Total Due $4,734.47
Paid ($3,076.35)
Total Balance Past Due $1,658.12
Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the September 23, 2019 Board of Directors
special meeting at District Headquarters and posted on the District’s website at www.cmsdca.gov. This matter will be the subject of a
hearing.
Alternative Actions
1. Do not order Denny's to install and maintain a grease interceptor.
2. Direct staff to continue enforcing the preventive measures described in the February 4, 2019 enforcement letter.
3. Direct staff to report back with more information.
Attachments
1. 1997-2001 Correspondences
2. 8-2-13 SSO
3. 10-5-15 Enforcement Letter & Pictures
4. 2-4-19 Enforcement Letter & Pictures
5. 5-21-19 Enforcement Letter & Pictures
6. Email Correspondences
7. 6-27-19 Email from Denny's & Attachments
8. CMSD FOG Control Manual
9. Denny's FOG Control Permit
10. Public Hearing Notice
File Attachments
Attachment 1 - 1997-2001 Correspondences.pdf (339 KB)
Attachment 2 - 8-2-13 SSO.pdf (1,237 KB)
Attachment 3 - 10-5-15 Enforcment Letter & Pictures.pdf (2,151 KB)
Attachment 4 - 2-4-19 Enforcment Letter & Pictures.pdf (1,068 KB)
Attachment 5 - 5-21-19 Enforcment Letter & Pictures.pdf (1,971 KB)
Attachment 6 - Email Correspondences.pdf (664 KB)
Attachment 7 - 6-27-19 Email from Denny's & Attachments.pdf (5,340 KB)
Attachment 8 - CMSD FOG Control Manual.pdf (1,228 KB)
Attachment 9 - Denny's FOG Control Permit.pdf (369 KB)
Attachment 10 - Public Hearing Notice.pdf (1,207 KB)
C. Public Hearing
Subject 2. Opening Comments by President and District Counsel
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 3. Call the Matter for Hearing
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 4. Staff Presentation
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 5. Denny’s Presentation
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 6. Concluding Comments
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 7. Public Hearing Closed
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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C. Public Hearing
Subject 8. Board deliberates and renders its decision, directs District Counsel to prepare
confirming resolution
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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D. Closing Items
Subject 1. Adjournment
Meeting Sep 23, 2019 - Board of Directors Special Meeting
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