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HomeMy WebLinkAbout2023-06-01 - Resolution No. 2023-12RESOLUTION NO. 2023-12 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING FATS, OILS, AND GREASE CONTROL PROGRAM FEES AND RESCINDING RESOLUTION NO. 2022-11 WHEREAS, in 2002, the Santa Ana Regional Water Quality Control Board enacted Rule R8-2002-0014 requiring all sewage agencies to adopt the requirements of a new Wastewater Discharge Requirement (WDR); and WHEREAS, in 2006, the Santa Ana Regional Water Quality Control Board Rule R8- 2002-0014 was rescinded and a new statewide permit was adopted based on R8-2002-0014; and WHEREAS, the WDR and statewide permit require many municipalities, including the Yorba Linda Water District, to increase the level of maintenance, operations, and capital improvement repairs to their sewer systems and to have in place a fats, oils, and grease control program; and WHEREAS, on July 22, 2004, the Board of Directors adopted Ordinance No. 04-01, creating a Fats, Oils, and Grease Control Program for Food Service Establishments (FSE) in the City of Yorba Linda and portions of the cities of Anaheim, Brea, and Placentia requiring a permit for sewer discharges, which could contain fats, oils, and grease, and imposing requirements for monitoring of and elimination of fats, oils, grease from sewer discharges for such establishments; and WHEREAS, Ordinance No. 04-01, authorizes the adoption by resolution of a Fats, Oils, and Grease Wastewater Discharge Permit Fee and Grease Disposal Mitigation Fee to cover the costs of increased maintenance and administration of the sewer system as a result of the Food Service Establishments' inability to remove Fats, Oils, and Greases from its wastewater discharged, and to require Food Service Establishments to protect the District's sanitary sewer system; and WHEREAS, the Board of Directors of the Yorba Linda Water District has, from time to time, adopted Resolutions to change the Fats, Oils, and Grease Control Program Fees for services provided by the District. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Resolution No. 2023-12 Adopting FOG Control Program Fees Section 1. The fees adopted for Yorba Linda Water District Fats, Oils, and Grease Control Program shall be as follows: A. Initial Permit and Application Fee B. Annual Renewal C. Non -Compliance Fee D. Mitigation Fee $180.00 per FSE $180.00 per Year/FSE $355.00 per Occurrence Actual Costs* *Actual costs will be invoiced based on District's current salary rates, benefits, materials, and equipment rates in effect at that time. Section 2. The fees adopted herein shall take effect on July 1, 2023 and Resolution No. 2022-11 is hereby rescinded effective June 30, 2023. PASSED AND ADOPTED this 1St day of June 2023 by the following called vote - AYES: Directors Barbre, DesRoches, Lindsey, and Miller NOES: None ABSTAIN: None ABSENT: Director Hawkins Brett R. Barbre, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: And6wB. -a :fin, Esq. Kidman Ga, -..-en Law LLP Resolution No. 2023-12 Adopting FOG Control Program Fees 2