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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. I; i Secretary/Treasurer - 4� A,,� 61 District ounsel r Preside t