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Ord 2007-63ORDINANCE NO. 63 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADOPTING A SEWER LATERAL ASSISTANCE PROGRAM 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 District has determined that a public purpose would be served by subsidizing the cost of televising sewer lines and installing a two -way clean out for sewer laterals in that such expenditure would benefit the entire District and the public in preventing SSOs and in keeping the ocean free from pollution; and WHEREAS, such lateral assistance may also assist in reducing the District's exposure to litigation and fines, although private sewer maintenance is the owner's responsibility; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Chapter 7.03.040 is hereby added to the Costa Mesa Sanitary District Operations Code as follows: "7.03.040 Sewer lateral assistance program. Based on a finding by the Board that District's assistance to private sewer lateral owners would serve a public purpose and would assist in preventing Sanitary Sewer Overflows in the District, the Board has determined to offer a sewer lateral assistance program, the details of which shall be established in a resolution of the Board." 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. s� 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 1-* Secretary day of k4�— 2007. 2 a" President 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. 63 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 131h day of September 2007 by the following vote: AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman Gary Monahan NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this _13th_ day of September 2007. Clerk of the Costa Mesa Sanitary District 3