Ord 2007-62R
ORDINANCE NO. 62
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT ADDING
CHAPTER 7.04 TO THE COSTA MESA SANITARY
DISTRICT OPERATIONS CODE PERTAINING TO THE
REQUIREMENTS FOR TELEVISING AND REPAIRING
SEWER LATERALS
WHEREAS, the District is under an order of the State Water Resources Control
Board's Statewide General Waste Discharge Requirements for Sanitary Sewer
Systems, Water Quality Order No. 2006 -0003; and
WHEREAS, part of said Order requires that the District prevent Sanitary Sewer
Overflows (SSOs) and enact legal authority to enforce the District's laws regarding the
same; and
WHEREAS, District has enacted regulations requiring private property to connect
to the District's sewer; and
WHEREAS, sewer laterals are the private property owner's responsibility; and
WHEREAS, the Board has determined. that said purposes will be advanced by
requiring owners to televise and repair their sewer laterals upon the occurrence of
certain events; and
WHEREAS, the Board has determined that such requirements are reasonable
and rationally related to the events giving rise to these obligations; and
WHEREAS, the Board specifically finds that the conversion of an apartment
complex into individualized units requires that the lateral be in sufficient shape to
provide for the public health before ownership becomes fragmented; and
WHEREAS, other increases or expansions to the capacity of the unit to produce
increased flows also properly triggers such a review of the lateral's condition;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Chapter 7.04 is hereby added to the Costa Mesa Sanitary District
Operations Code as follows:
"Chapter 7.04
Televising and Repair of Sewer Laterals
7.04.010 Purpose. The District is under an Order from the State Water
Resources Control Board to enact laws to prevent Sanitary Sewer Overflows (SSOs)
through the adoption of a comprehensive Sewer System Management Plan. It has
been recognized that poorly maintained sewer laterals can cause SSOs, which may
reach the storm water system and ultimately the Santa Ana River and the Pacific
Ocean. Televising of the sewer laterals at appropriate times will reduce the amount of
SSOs. The District finds that requiring such televising at the times described is
reasonable and rationally related to the legal obligation of the District to help prevent
sewer spills.
7.04.020 Events Requiring Televising of Sewer Laterals. Property owners
shall be required to cause an inspection of their sewer lateral prepared by a licensed
plumber and utilizing closed circuit television (CCTV) or other inspection determined by
the District Engineer to be equivalent in the following circumstances:
(a) Whenever a condominium conversion is proposed.
(b) Whenever a major remodel costing in excess of $50,000 or whenever an
enlargement of 300 square feet or more is added to a dwelling.
(c) Whenever two or more plumbing fixtures are added.
(d) Whenever a sanitary sewer overflow occurs at the property.
7.04.030 Requirements for a CCTV Inspection and Repairs. When required
under certain sections of the District's Operations Code, the following procedure shall
be used by the property owner to obtain approval for the use of an existing sewer
lateral:
1. The property owner shall have a closed circuit television (CCTV) inspection of
the sewer lateral performed by a licensed plumber.
2. The CCTV video shall show the date of the inspection, identify the beginning
point of the inspection, include an audio assessment of the proceedings by
the licensed plumber, and include a footage counter to identify points along
and the ending point of the inspection.
3. The licensed plumber shall mark on the ground surface directly above the
lateral for the benefit of the property owner the location of problem areas
including the incidence of roots, joint problems, pipe problems, infiltration, or
other significant findings.
4. The property owner shall furnish the District with a copy of the CCTV
inspection report within 14 days of the performance of the CCTV inspection.
The District shall review the CCTV inspection and shall respond with its
findings within 14 days.
5. District Staff, including the District Engineer, the Assistant Manager, and
Inspection staff shall review the CCTV inspection report and will assess
whether the existing lateral is sufficient in its existing condition or whether
rehabilitation is necessary.
6. If the CCTV inspection report discloses root intrusion that prevents the District
from observing the structural condition of the private sewer lateral, the
property owner may be required to have a licensed plumber remove the roots
and perform a second CCTV of the sewer lateral.
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7. Based on the CCTV inspection of the sewer lateral, the District will evaluate
the condition of the sewer lateral and its ability to remain in adequate service
for 30 additional years while preventing infiltration and the ability of any
misaligned joints or roots to cause a sanitary sewer overflow (SSO).
8. The District may require the property owner to rehabilitate the sewer lateral to
insure a life expectancy of an additional 30 years.
7.04.040 Appeal. Should any person be dissatisfied with any position of staff
with regards to their compliance with this chapter, they are entitled to appeal the
decision to the Board of Directors by filing such an appeal within 15 days of the
decision, provided notice of the time limit is given by the District in writing. The person
so appealing shall state in a written document the person whose decision is being
appealed, the grounds for the appeal, and any back up data that supports the appeal.
The Board shall hear the appeal within a reasonable time thereafter."
Section 2. Should any part, clause or section of this Ordinance be declared by any Court
of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange County, California, hereby declares that each and every
section, clause, provision or part of this Ordinance would have been adopted and made a
part of this Ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall
cause this ordinance or a summary thereof to be published in a newspaper of general
circulation printed and published in the District according to law.
PASSED and ADOPTED this /3#-' day of 2007.
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Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Ordinance No. 62 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 13th day of September
2007, by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman,
Gary Monahan
NOES None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this /540 day of „6�y 2007.
Clerk of the Costa. Mesa Sanitary District
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