27 - Ordinance No. 990
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ITEM NO. 27
Costa Mesa Sanitary District
....an Independent Special District
Memorandum
To: Board of Directors
Via: Scott Carroll, General Manager
From: Alan Burns, District Counsel
Date: July 31, 2013
Subject: Ordinance No. 99 - Providing for Abatement Remedies and Cost
Recovery when Private Sewer Systems Are in Imminent Danger of a
Sewer System Overflow
Summary
The District has detailed procedures that implement state authority for abating
conditions relating to the sewer system, including abatement for actual spills and for
damage to district lines. The proposed ordinance would also allow abatement for
conditions constituting an "imminent threat of a sewer system overflow" so that such
conditions can be abated without waiting for the actual spill to occur.
Staff Recommendation
Staff recommends that the Board adopt Ordinance No. 99.
Analysis
The State Wastewater Discharge Requirement (WDR) provides that the District must
take active measures to prevent sewer system overflows, including adopting a Sewer
System Management Plan. The District has adopted legal authority to protect the
sewer system, including abatement procedures for Sanitary Sewer Overflows (SSOs)
and for conditions that damage the sewer system.
The proposed ordinance would provide clear procedures for abatement when proof
exists that a sewer system overflow is imminent from root or grease conditions.
Provided such proof exists, it makes no sense to require an actual sewer spill before
abatement of the condition occurs when the owner will not effectively remedy the
problem in a timely manner.
Protecting our community's health and the environment by providing solid waste and sewer collection services.
www.crosdca.gov
Board of Directors
July 31, 2013
Page 2of2
The amendment to the ordinance provides the due process required by law, namely,
notice and a copy of the evidence upon which the abatement was based (including the
emergency nature of the abatement) and an opportunity for the property owner to
dispute that the condition existed or to dispute that the charges are not reasonable.
Strategic Plan Element & Goal
This item complies with Strategic Element 5.0, Administrative Management and
Strategic Goal No. 5.4, Maintain Operations Code.
Legal Review
This agenda item and Ordinance No. 99 was prepared by District Counsel, in
coordination with staff.
Financial Review
The fiscal impact is unknown; however, this ordinance will save the District money as it
will enable the District to abate conditions at property owner expense that would
otherwise result in a SSO and possibly produce a fine.
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the July 31, 2013 Board of Directors regular meeting at District headquarters and on
District's website.
Alternative Actions
1. Do not adopt Ordinance No. 99 and rely on existing authority.
2. Direct staff to report back with more information.
Attachment A: Ordinance No. 99
ORDINANCE NO. 99
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT PROVIDING
FOR ABATEMENT REMEDIES AND COST RECOVERY
WHEN PRIVATE SEWER SYSTEMS ARE IN IMMINENT
DANGER OF A SEWER SYSTEM OVERFLOW
WHEREAS, the Board has detailed rules and ordinances making it clear that
private sewer laterals are the responsibility of the owner; and
WHEREAS, the District has the authority to impose fines and impose abatement
costs and retrofitting requirements on such private lines when they have not been
properly maintained or where a sewer spill occurs; and
WHEREAS, the Board of Directors does hereby desire to establish clear
authority allowing District personnel to take preemptive action when a sewer system
overflow (SSO) is imminent and the property owner or other responsible party does not
take action in an appropriate amount of time to avoid the SSO;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 6.02.060 of the Costa Mesa Sanitary District
Operations Code is hereby amended to read as follows:
"6.02.060. Abatement. Provided District can prove that a person, firm or
corporation caused or allowed, by failure to take effective maintenance measures, roots
or other conditions to occur in the sewer lateral so that a District line or appurtenance is
damaged or so that a sewer overflow occurs, or that a sewer overflow is imminent,
District may charge the responsible person for that damage and for the abatement costs
of any response necessary. District shall first provide the ostensibly responsible person
with a copy of the evidence that forms the basis of the proof, a copy of the District
Engineer's tentative conclusions about the condition of the sewer lateral and any
causes for that condition, and a copy of this Chapter. Said responsible person shall
have an appropriate amount of time to respond to said charges in a hearing in which
due process will be provided. Generally, at least ten days notice of the hearing shall be
given. If possible, the responsible person shall be given notice at the time of the sewer
overflow or damage if the person is believed to be the cause at that time. The
responsible person shall also be provided with a copy of the charges incurred to date
before the hearing if those are available."
Ordinance No. 99
Section 2. That Section 6.07.060 of the Costa Mesa Sanitary District
Operations Code is hereby amended to read as follows:
"6.07.060. Abatement. Provided District can prove that a person, firm or
corporation caused grease build -up so that a District line or appurtenance is damaged
or so that a sewer overflow occurs, or that a sewer overflow is imminent, district may
charge the responsible person for that damage and for the abatement costs thereof.
District shall first provide the ostensibly responsible person with a copy of the evidence
that forms the basis of the proof and a copy of this chapter. Said responsible person
shall have an appropriate amount of time to respond to said charges in a hearing in
which appropriate due process will be provided. Generally, at least ten days notice of
the hearing shall be given. If possible, the responsible person shall be given notice at
the time of the sewer overflow or damage if the person is believed to be the cause at
that time. The responsible person shall also be provided with a copy of the charges
incurred to date before the hearing if those are available."
Section 3. Should any part, clause or section of this Ordinance be declared by
any Court to 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 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 4. Pursuant to Health and Safety Code sections 6490 and 6491.3, the
District 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 31st day of July, 2013
Secretary
APPROVED AS TO FORM:
District Counsel
President
Ordinance No. 99
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA 1
I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 99 was duly and regularly passed and
adopted by said Board of Directors at a regular meeting thereof, held on the 31s' day of
July, 2013, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District this 31St day of July, 2013.
Clerk of the Costa Mesa Sanitary District