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Ord 2010-81o\ t ORDINANCE NO. 81 AN ORDINANCE OF THE COSTA MESA SANITARY DISTRICT BOARD OF DIRECTORS AMENDING THE DISTRICT'S OPERATIONS CODE WITH RESPECT TO SEWER LATERAL MAINTENANCE WHEREAS, the District has the authority to adopt and enforce regulations for sanitary purposes not in conflict with state law; and WHEREAS, the State Water Resources Control Board has adopted Order No. 2006 -0003 as the statewide general waste discharge requirements for'sanitary sewer systems; and WHEREAS, pursuant to that Order all special districts that operate sanitary sewer systems are required to comply with the terms of that Order; and WHEREAS, the District has adopted ordinances to comply with the state Order but does hereby desire to further clarify its regulations implementing the state Order; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 6.02.020 of the Operations Code is amended to read: "Section 6.02.020. Lateral Responsibility. The property owner shall maintain the lateral that connects to district's sewer main, including any portions that may lie within the public right of way or Costa Mesa Sanitary District easement. Said laterals shall be maintained in a safe, sanitary and unobstructed condition, and all devices or safeguards which are appurtenant to and necessary for the operation thereof shall be maintained in good working order. Hydrogen sulfide represents a particular corrosion and odor problem. Owners shall comply with standards of the Orange County Sanitary District with respect to effluent placed in the lateral including, but not limited to hydrogen sulfide, which shall not exceed 0.5 milligrams per liter or such. stricter standard as the Orange County Sanitation District may adopt." Section 2. That Section 6.04.060, subsection (a) of the Operations Code is amended to read: "(a) Requirements. No person .or public corporation shall connect to, use or maintain a connection to the sewerage facilities of the District without a valid permit, or fail to comply with each and every condition of that permit. „ Section 3. That Chapter 6.07 of the District's Operations Code is repealed and reenacted to read as follows: "Chapter 6.07 Grease Control Section 6.07.010. 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. The State Water Resources Control Board, through Order No. 2006 -0003, mandates that the district comply with said order and implement regulations for its sanitary sewer systems. These regulations are intended to implement and comply with the State Order. Section 6.07.020. Definitions. For purposes of this chapter, the following definitions shall apply: "(a) FOOD Service Establishment (FSE)" shall mean any entity, including its members, operators and employees, located within the boundaries of the District, engaged in the business of storing, preparing, serving, manufacturing, packaging, or handling food for sale to other entities, or for consumption .by the public as defined in Health and Safety Code Section 113789, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type 1 or Type 11 hood provided in the California Mechanical Code. A limited food preparation facility is not considered a Food Service Establishment when it is engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. "(b) "Grease" or "FOG" 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. (c) "Grease Control Device" (GCD) shall mean any Grease Interceptor, Grease Trap or other mechanism, device, or process, which attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect VA 4 or treat FOG prior to its discharge into the sewer system. "Grease Control Device" also includes any other District approved method to reduce FOG. (d) "Grease Interceptor' shall mean a multi- compartment device that is required to be located, according to the California Plumbing Code, between a Food Service Establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater -as it moves from one compartment to the next. Grease Interceptors must be cleaned, maintained, and have the FOG and solids removed and disposed of in accordance with District's best management practices guidelines. Grease Interceptor includes a- Gravity Grease Interceptor. (e) "Grease Trap" shall mean a Grease Control Device that is used to serve individual fixtures. Grease Traps must be cleaned, maintained, and have the FOG and solids removed and disposed. A Grease Trap is also referred to as a Hydromechanical Grease Interceptor. A Grease Trap may only be used when the District determines that the use of a Grease Interceptor or other Grease Control Device is impossible or impracticable. Section 6.07.030 New Construction- Interceptors Required. (a) The District does not have jurisdiction within structures but does regulate sewer connections and sewer construction. All new commercial construction must have a grease interceptor that has been approved by the District Engineer unless the developer demonstrates, to District Engineer's satisfaction, that such a device is not necessary based on engineering findings which are set forth in writing. (b) A developer may be granted an exemption from the Grease Interceptor requirement if the District Engineer makes written findings that a Grease Trap or other Grease Control Device will be as effective, or more effective, than a Grease Interceptor. Section 6.07.040 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 4. Section 6.07.050 Permit required. No Food Service Establishment shall discharge into the District's system without obtaining a permit from the District describing the business operations and discharge and any FOG prevention measures being undertaken or to be undertaken to reduce the discharge of FOG into the District's system in accordance with this chapter. Section 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, 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 6.07.070 Retrofitting. In cases in which there is an imminent danger of future sewer spills, the Board may order that a property owner or other responsible person install a sewer interceptor or other appropriate device to protect the District's system. Said order shall not be made unless the property owner has 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 4. Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and punishable as provided in Chapter 1.02 of the District's Operations code. Section 5. 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. 4 Section 6. 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 a"41- day of ,�e� �,✓ 2010. 4*Secrtary APP ®A O FORAM DISTRICT COUNSEL 5 ��_T Lt,- 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. 81 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 20th day of December 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 20th day of December 2010. Clerk of the Costa Mesa Sanitary District 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. 81 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 20th day of December 2010 by the following vote: AYES: Robert Ooten, James Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District, this 20th day of December 2010. t Clerk of the Costa Mesa Sanitary District r� • RESOLUTION NO. 2011 -792 A RESOLUTION OF THE' BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ORDERING THAT PUBLICATION OF ORDINANCE NO. 81 AMENDING THE DISTRICT'S OPERATIONS CODE WITH RESPECT TO SEWER LATERAL MAINTENANCE HAS BEEN PUBLISHED WHEREAS, the Board of Directors on December 20, 2010 adopted Ordinance No. 81 Amending the District's Operations Code with Respect to Sewer Lateral Maintenance has been published WHEREAS, that Ordinance was published in the Newport Beach /Costa Mesa Daily Pilot on January 6, 2011, and WHEREAS, Health and Safety Code Section 6490 provides that an order of the Board that publication has occurred is conclusive evidence that publication has properly been made; NOW, THEREFORE, the Board of Directors does hereby resolve: That it is hereby ordered and decreed that publication of Ordinance No. 81 Amending the District's Operations Code with Respect to Sewer Lateral Maintenance has occurred. PASSED and ADOPTED on this 27th day of January 2011. Secretary, Costa. Mc9sa anitary- District Board of D' ctors . %Jt (&-�t President, Costa Mesa Sanitary District Board of Directors 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 Resolution No. 2011 -792 duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof held on the 27th day of January 2011. IN WITNESS WHEREOF, I have hereunto° -set my hand and affixed the seal of the Costa Mesa Sanitary District, this day of �i' 2011. Clerk of thyCo i:a mesa Sanitary District