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HomeMy WebLinkAbout2013-06-13 - Resolution No. 13-11 RESOLUTION NO. 13-11 RESOLUTION OF THE BOARD OF DIRECTORS OF YORBA LINDA WATER DISTRICT ADOPTING FATS, OILS AND GREASE FEES 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 Waste Water 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Requirement (WDR); and, WHEREAS, in 2006, the Santa Ana Regional Water Quality Control Board Rule R8- 2002-0014 was rescinded and a new statewide permit adopted based on R8-2002-0014; and, WHEREAS, the WDR and statewide permit require many municipalities, including the Yorba Linda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 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, and grease from sewer discharges for such establishments; and, WHEREAS, Ordinance 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 discharge, to require Food Service Establishments to implement other programs that are considered appropriate to protect the District's sanitary sewer system and states that the fees collected pursuant to this Resolution shall be used to finance costs necessitated by the services provided by the District. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Yorba Linda Water District to adopt the Fats, Oils, and Grease Fees as follows: Section 1: The fees adopted for the Yorba Linda Water District Fats, Oils, and Grease Permit Program are as follows: a. Initial Permit and Application Fee $145.00 each FSE b. Annual/Renewal FOG Permit $145.00 annual/FSE c. Non-Compliance Fee $200.00 each occurrence d. Mitigation Fee $1,500.00 minimum cost* Resolution No. 13-11 Adopting Fats,Oils and Grease Fees 1 If mitigation costs exceed the minimum stated fee, all additional costs will be invoiced based on the District's current salaries, rates, benefits, and equipment in effect at the time. Section 2: The fees adopted herein shall take effect on July 1, 2013 and Resolution No. 08-05 is hereby rescinded on July 1, 2013. PASSED AND ADOPTED this 13th day of June 2013 by the following called vote: AYES: Directors Beverage, Collett, Hawkins and Kiley NOES: None ABSTAIN: None ABSENT: None Ga elton, esid-nt Yorba Linda Water District ATTEST: Steven R. Conklin, Secretary Yorba Linda Water District % Reviewed as to form by General Counsel: Art ur . Kid an, Esq. Kidman Law LLP Resolution No. 13-11 Adopting Fats,Oils and Grease Fees 2