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27 - Ordinance No. 990 7. 5` ITEM NO. 27 Costa Mesa Sanitary District ....an Independent Special District Memorandum To: Board of Directors Via: Scott Carroll, General Manager From: Alan Burns, District Counsel Date: July 31, 2013 Subject: Ordinance No. 99 - Providing for Abatement Remedies and Cost Recovery when Private Sewer Systems Are in Imminent Danger of a Sewer System Overflow Summary The District has detailed procedures that implement state authority for abating conditions relating to the sewer system, including abatement for actual spills and for damage to district lines. The proposed ordinance would also allow abatement for conditions constituting an "imminent threat of a sewer system overflow" so that such conditions can be abated without waiting for the actual spill to occur. Staff Recommendation Staff recommends that the Board adopt Ordinance No. 99. Analysis The State Wastewater Discharge Requirement (WDR) provides that the District must take active measures to prevent sewer system overflows, including adopting a Sewer System Management Plan. The District has adopted legal authority to protect the sewer system, including abatement procedures for Sanitary Sewer Overflows (SSOs) and for conditions that damage the sewer system. The proposed ordinance would provide clear procedures for abatement when proof exists that a sewer system overflow is imminent from root or grease conditions. Provided such proof exists, it makes no sense to require an actual sewer spill before abatement of the condition occurs when the owner will not effectively remedy the problem in a timely manner. Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdca.gov Board of Directors July 31, 2013 Page 2of2 The amendment to the ordinance provides the due process required by law, namely, notice and a copy of the evidence upon which the abatement was based (including the emergency nature of the abatement) and an opportunity for the property owner to dispute that the condition existed or to dispute that the charges are not reasonable. Strategic Plan Element & Goal This item complies with Strategic Element 5.0, Administrative Management and Strategic Goal No. 5.4, Maintain Operations Code. Legal Review This agenda item and Ordinance No. 99 was prepared by District Counsel, in coordination with staff. Financial Review The fiscal impact is unknown; however, this ordinance will save the District money as it will enable the District to abate conditions at property owner expense that would otherwise result in a SSO and possibly produce a fine. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the July 31, 2013 Board of Directors regular meeting at District headquarters and on District's website. Alternative Actions 1. Do not adopt Ordinance No. 99 and rely on existing authority. 2. Direct staff to report back with more information. Attachment A: Ordinance No. 99 ORDINANCE NO. 99 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT PROVIDING FOR ABATEMENT REMEDIES AND COST RECOVERY WHEN PRIVATE SEWER SYSTEMS ARE IN IMMINENT DANGER OF A SEWER SYSTEM OVERFLOW WHEREAS, the Board has detailed rules and ordinances making it clear that private sewer laterals are the responsibility of the owner; and WHEREAS, the District has the authority to impose fines and impose abatement costs and retrofitting requirements on such private lines when they have not been properly maintained or where a sewer spill occurs; and WHEREAS, the Board of Directors does hereby desire to establish clear authority allowing District personnel to take preemptive action when a sewer system overflow (SSO) is imminent and the property owner or other responsible party does not take action in an appropriate amount of time to avoid the SSO; NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Section 6.02.060 of the Costa Mesa Sanitary District Operations Code is hereby amended to read as follows: "6.02.060. Abatement. Provided District can prove that a person, firm or corporation caused or allowed, by failure to take effective maintenance measures, roots or other conditions to occur in the sewer lateral so that a District line or appurtenance is damaged or so that a sewer overflow occurs, or that a sewer overflow is imminent, District may charge the responsible person for that damage and for the abatement costs of any response necessary. District shall first provide the ostensibly responsible person with a copy of the evidence that forms the basis of the proof, a copy of the District Engineer's tentative conclusions about the condition of the sewer lateral and any causes for that condition, 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 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." Ordinance No. 99 Section 2. That Section 6.07.060 of the Costa Mesa Sanitary District Operations Code is hereby amended to read as follows: "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, or that a sewer overflow is imminent, 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 3. Should any part, clause or section of this Ordinance be declared by any Court to 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 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. Section 4. 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 31st day of July, 2013 Secretary APPROVED AS TO FORM: District Counsel President Ordinance No. 99 STATE OF CALIFORNIA COUNTY OF ORANGE ) SS CITY OF COSTA MESA 1 I, SCOTT CARROLL, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Ordinance No. 99 was duly and regularly passed and adopted by said Board of Directors at a regular meeting thereof, held on the 31s' day of July, 2013, by the following votes: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Costa Mesa Sanitary District this 31St day of July, 2013. Clerk of the Costa Mesa Sanitary District