15 - FOG Enforcement Appeal at 2590 Newport Blvd Costa Mesa Sanitary District
…an Indepen dent Special District
Protecting our community’s health and the environment by providing solid waste and sewer collection services.
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Memorandum
To: Board of Directors
From: Scott Carroll, General Manager
Date: June 27, 2013
Subject: FOG Enforcement Appeal at 2590 Newport Blvd.
Summary
On April 30, 2013, the property owner at 2590 Newport Blvd. refused to take immediate
action, at the request of CMSD’s compliance inspectors, to relieve the blockage in his
grease interceptor to avoid an imminent sanitary sewer overflow (SSO). CMSD staff took
the initiative to clear the blockage and an SSO was avoided.
Because the property owner refused to take corrective action, CMSD incurred the cost to
prevent a private SSO. The cost, $2,019.62, was passed on to the property owner in the
form of an invoice, which is attached hereto as Attachment C. The property owner is
appealing the invoice and requesting the Board of Directors to consider reducing the
invoice amount.
Staff Recommendation
That the Board of Directors denies the appeal to reducing the invoice amount of $2,019.62
for Fats Oil Grease (FOG) enforcement at 2590 Newport Blvd.
Analysis
The following are the chain of events regarding this issue.
On April 30 th at approximately 2:45 p.m. CMSD’s FOG compliance contractor,
Environmental Engineering & Contracting (EEC), conducted an inspection at Cabo Grill
restaurant located at 2590 Newport Blvd. Upon inspecting the grease interceptor serving
this facility (and potentially, other facilities in this center), EEC inspector Angel Bambrick
observed that the interceptor effluent line was restricted between the outlet chamber and
ITEM NO. 15
Board of Directors
June 27 , 2013
Page 2 of 4
the sample b ox causing the water level to rise above the interceptor baffle tubes and up to
the intercept ors risers.
Cabo Grill owner informed Mr. Bambrick that the property owner (Mr. Tom Talebi) is
responsible for maintaining the interceptor. Mr. Bambrick contact ed Mr. Talebi to inform
him about the situation. Mr. Talebi was instructed that the blockage needed to be cleared
and the interceptor needed to be pumped within the same day . Mr Talebi told Mr.
Bambrick that the soonest this could be done was Thursday Ma y 2 nd . Mr. Talebi was
informed about the risk of a sewer overflow along with the issues associated with such an
event (clean -up, health issues, fines, etc.), and urged Mr. Taleb i to address this situation
immediately . Mr Talebi stated that he would not m ake any more attempts to address this
issue any sooner.
Concerned that the interceptor may overflow, M r. Bambrick notified another EEC inspector
(Joseph Jenkins) of the situation and requested his input on the appropriate follow -up
actions. Mr. Bambrick and Mr. Jenkins returned to the property to evaluate the condition
of the in terceptor and assess the risk of a sewer overflow.
Upon arriving at the property at approximately 4:00 p .m . Mr. Jenkins observed that the
water level had risen to a level higher than previously reported . Based on this
observation, Mr. Jenkins determined that the risk of a spill was extremely high and
reiterated to Mr. Talebi (who was onsite and viewed the grease interceptor’s connection)
that at a minimum, the blockage needed to be relieved immediately or an overflow was
imminent.
Mr. Talebi indicated that he would not contact his plumber, stating that his plum ber would
come the next day (May 1 st ) to clear the blockage. Mr. Talebi added that if it did overflow,
he would just pa y for the clean -up. Mr. Jenkins informed Mr. Talebi that this action was
not sufficient to address the immediate risk and reiterated that the blockage needed to be
cleared as soon as p ossible. Mr. Jenkins informed Mr. Talebi that if he could not arrange
for his plumber sooner, the District may be forced to take further actions to prevent a
sewer overflow. Mr. Talebi continued to refuse to call his plumber and left the property.
At approximately 5:45 p .m ., Mr. Talebi and an associate arrived on -site, wh o proceeded to
remove EEC’s cones from the grease interceptor area and directed Mr. Jenkins and Mr.
Bambrick to leave the property immediately or he would call the police. Mr. Jenkins and
Mr. Bambrick cooperated with this direction and left the property w ithout incident.
At approximately 6:30 p .m ., District staff, Mr. Steve Cano, arrived on -site to further assess
the risk for an overflow. Mr. Cano observed that the water level was now within 12 inches
of the finish grade . Mr. Cano contacted Mr. Talebi t o reiterate the urgency of the situation;
however, Mr. Talebi hung up the phone. At this time Mr. Cano contacted C&R Drains , the
District’s emergency contractor, to clear the blockage.
Board of Directors
June 27 , 2013
Page 3 of 4
C&R Drains arrived on -site at approximately 8:00 p .m. At this time the water level was
withi n 6” of finished grade . C&R Drains cleared the blockage at approximately 8:15 p .m .,
returning the interceptor’s fluid level to its operation al level .
On May 1 st at 7:30 a .m ., Mr. Jenkins observed Mr. Talebi’s plumber, Mendoza Root er and
Plumbing , on -site completing private sewer line cleaning service (from the outlet of the
grease interceptor to its connection to CMSD’s main sewer line on Newport Blvd). Mr.
Talebi informed Mr. Jenkins that interceptor pump -out services were schedu led for today.
EEC conduct ed a follow -up inspection on May 2 nd to confirm the pumping completion.
Beyond this immediate overflow issue, other FOG noncompliance issues were identified
during the FOG inspection including;
No grease interceptor records avail able
Grease interceptor pumping frequency appears to be insufficient
Insufficient BMP training logs
On May 16 th , CMSD mailed an invoice to Mr. Talebi for the services rendered to
preventing a sewer overflow on his property. The cost for services is $2,01 9.62. Mr.
Talebi is requesting the Board approve reducing the invoice because this was the first time
his grease interceptor experienced a blockage. However, as noted above, he does not
have maintenance records and it appears the pumping frequency is ins ufficient.
Furthermore, if Mr. Talebi would have immediately relieved the blockage, as ordered by
EEC and CMSD staff, this incident and the invoice could have been avoided. Therefore,
staff is recommending the Board denies Mr. Talebi appeal to reduce the invoice.
Strategic Plan Element & Goal
This item complies with the objective and strategy of Strategic Element 1.0, Sewer
Infrastructure and Strategic Goal No. 1.8, Fats Oil Grease (FOG) Program.
Legal Review
Not applicable .
Financial Review
The total cost the District is seeking reimbursement from Mr. Talebi is $2,019.62 .
Committee Recommendation
N/A
Board of Directors
June 27 , 2013
Page 4 of 4
Public Notice Process
Copies of this report are on file and will be included with the entire a genda packet for the
June 27 , 2013 Board of Directors regul ar meeting at District headquarters and on District’s
website.
Alternative Actions
1. Approve Mr. Talebi appeal to reduce the invoice amount
2. Refer the matter back to staff for more information.
Attachment A: CMSD Invoice dated May 16, 2013 in the amount of $2,019.62
B: CMSD Inspection Report
C: Pictures of Grease Interceptor