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Ord 2003-41ORDINANCE NO. 41 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ENACTING GREASE CONTROL REGULATIONS WHEREAS, pursuant to Health and Safety Code Section 6521, the Costa Mesa Sanitary District has the authority to make and enforce regulations for sanitary purposes not in conflict with state law; and WHEREAS, the Costa Mesa Sanitary District provides sewer service to the entirety of the City of Costa Mesa, as well as to part of the City of Newport Beach and to part of the unincorporated area of the County; and WHEREAS, pursuant to Health and Safety Code Section 6520, the District has the authority to compel property owners to connect to the District's sewers; and WHEREAS, the District in so acting is exercising the authority of the state and no general government entity may interfere with the District's power in so doing (Home Gardens Sanitary District v. City of Corona, 116 Cal.Rptr.2d 638 (2002)); and WHEREAS, the District may not regulate inside of buildings and structures (Health and Safety Code Section 6522.1) but may otherwise do any acts necessary or proper to complete the exercise of its power (Health and Safety Code Section 6522); and WHEREAS, sanitary districts are authorized by Health and Safety Code Section 54739 to provide for pretreatment of types of non -human wastewater; and WHEREAS, an NPDES permit has been issued by the California Regional Water Quality Control Board - Santa Ana Region (RWQCB) for the District as co- permittee by Order No. R8- 2002 -0014 which established General Waste Discharge Requirements requiring the District and other entities to monitor and reduce sanitary sewer overflows (SSO's); and WHEREAS, it has been demonstrated that grease clogs in sewer pipes are a major cause of sewer spills and the Orange County Grand Jury (2000- 2001) has reported that the main cause of SSO's was grease clogs from restaurants and high density apartments and has challenged all government agencies with sewer pipelines to enact regulations to control and /or prevent sewer discharges caused by grease accumulation; and WHEREAS, the District has the authority to terminate service to property for violation of District rules pursuant to Health and Safety Code Section 6523.2; and WHEREAS, the District has the authority to correct violations of its ordinance and to add the cost of correction to any sewer charge payable by the person violating the ordinance or the owner or tenant of the property on which the violation occurred and shall have remedies for the collection of such costs as it has for the collection of sewer service charges pursuant to the authority of Health and Safety Code Section 6523.3; and WHEREAS, a violation of a District ordinance is a misdemeanor pursuant to Health and Safety Code Section 6523; and WHEREAS, the District Board of Directors does therefore desire to enact grease control measures to protect the health and safety and to provide for enforcement mechanisms and remedies related thereto; NOW, THEREFORE, the Board of Directors does hereby Ordain as follows: Section 1. That Chapter 7.09 is hereby added to the Costa Mesa Sanitary District Operations Code to read as follows: "Chapter 7.09 Grease Control Section 7.09.010. Purpose. The purpose of these regulations is to exercise the District's authority to protect the public health and safety by preventing sewer spills. The Board has determined that there is substantial evidence that grease and similar products accumulate in the sewer lines causing back -ups. The Orange County Grand Jury has made findings that these sewer spills largely can be prevented if local agencies with authority adopt effective grease regulations. These back -ups can spill into the streets or other surfaces or escape into other conduits that can cause health risks. A very significant health impact that has been well documented is the pollution of the Pacific Ocean. Due to the District's close proximity to the Pacific Ocean and the well- documented pollution of the Newport Beach and Huntington Beach coastlines, and the fact that the District has been mandated by the Santa Ana Region Water Quality Control Board (SARWQCB) to comply with the National Pollutant Discharge Elimination System (NPDES) regulations designed to prohibit sewer spills, these regulations are necessary for the District to perform its duty to prevent sewer spills caused by grease and similar substances. 2 Section 7.09.020. Definitions. For purposes of this Chapter only, "grease" shall mean and include any waste containing excessive quantities or concentrations of dispersed biodegradable oils, fats and greases, such as lard, tallow or vegetable oil. Section 7.09.030. (a) New Construction- Intercer)tors Required. The District does not have jurisdiction within structures but does regulate sewer connections and sewer construction. The Board has determined that all new commercial construction shall have appropriate grease- reducing devices, including sewer interceptors, unless the developer demonstrates, to District Engineer's satisfaction, that such devices are not necessary. (b) Exemptions. A developer may be granted an exemption by District's Engineer, from the interceptor requirement on one or more of the following bases: (A) Traps or other devices are being installed that will be effective and makes a sewer interceptor unnecessary; (B) The developer can demonstrate that the property is zoned or being constructed so that it cannot be used in the future as a development (such as a restaurant) that is likely to produce grease and other clogging substances; (C) Other methods of grease control will be utilized and enforceable assurances have been provided to protect the public health, safety and welfare; (D) Other factors make an exemption consistent with the public interest and not adverse to the public health, safety and welfare, provided that the District Engineer makes such a recommendation to the Board based on reliable evidence described in a staff report and the Board grants such an exemption after making the findings that the facts exist for such an exemption as described in this subsection. Section 7.09.041 Prohibition. Every owner, tenant and persons using property shall have a duty not to cause, permit or allow the accumulation of grease in the District's sewer line so that sewage spills may occur. Such persons shall use reasonable methods to reduce grease accumulation in the District's sewer lines including but not limited to reducing or eliminating the grease that is deposited in the sewer and utilizing enzymes and similar products that prevent grease build -up. No person shall discharge grease into the sewer system so as to cause an accumulation in the District's lines so as to substantially contribute to the possibility of a sewage overflow. 3 Section 7.09.050 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, 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 the District Engineer's tentative conclusions about the cause of the grease 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 7.09.060 Retrofitting. In cases in which a property is a source of sewer spills on more than one occasion such that recurrence is likely, or in cases in which there is an imminent danger of future sewer spills, the Board may order that a property install a sewer interceptor or other appropriate device to protect the District's system. Said order shall not be made unless the property owner and other appropriate persons have 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. Section 7.09.070. Termination of Service. The District shall also have the right, in addition to any other rights that it may have, to terminate the property from District's service. Before such termination shall occur, District shall provide the due process required by Health and Safety Code Section 6523.2. Section 7.09.080 Violations. Any person violating any provisions of this Chapter, including failing to take corrective action after being provided with a hearing thereon, shall be guilty of a misdemeanor and punished as provided in Section 1.02.010 of this Code." 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, Califomia, 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. F11 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 and it shall take effect upon the expiration of one week after publication. PASSED and ADOPTED this /3 day of 2003. Q / Secretary 'r 5 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. 41, was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the day of 2003, by the following vote: AYES: Arlene Schafer, Greg Woodside, Jim Ferryman, Art Perry, Dan Worthington NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this _ J?tj= day of 2003. Clerk of the Costa Mesa Sanitary District el