HomeMy WebLinkAboutOCSD 07-14RESOLUTION NO. OCSD 07-14
ADOPTING A POLICY REGARDING MAINTENANCE OF
UNOBSTRUCTED ACCESS TO DISTRICT EASEMENTS
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING A POLICY OF MAINTENANCE
OF UNOBSTRUCTED ACCESS TO DISTRICT EASEMENTS
WHEREAS, the District is subject to the conditions set forth in the Statewide
General Waste Discharge Requirements for Sanitary Sewer Systems ("WDRs")
issued by the State Water Resources Control Board; and,
WHEREAS, pursuant to Section D.3 of the WDRs, the District is required to take
all feasible steps to eliminate sanitary sewer overflows ("SSOs"); and,
WHEREAS, in order to reduce, prevent, and mitigate SSOs, Section D.13 of the
WDRs requires the District to develop and implement a Sewer System
Management Plan to properly manage, operate, and maintain all parts of its
sanitary sewer system; and,
WHEREAS, pursuant to Section D.13(iii) of the WDRs, the District must possess
the necessary legal authority to ensure access for maintenance, inspection, or
repairs for portions of the sanitary sewer system lines owned or maintained by
the District and to enforce any violation of its ordinances; and,
WHEREAS, in order to comply with the WDRs, the District must be able to
access District easements to inspect, clean, service, and repair all lines within its
sanitary sewer system; and,
WHEREAS, obstructions and encroachments on District easements interfere with
the District's property rights and prevent District staff from safely, efficiently, and
effectively operating and maintaining its sewer lines by hindering access to
manholes, preventing necessary truck access, and creating safety hazards for
District employees; and,
WHEREAS, in accordance with the California Occupational Safety and Health
Act of 1971, the District commits to maintain a safe and healthy workplace free of
recognized hazards; and,
WHEREAS, policy F10.00 (Rules of Conduct), as outlined in the Board of
Directors' Policies and Procedures Manual, stipulates the District's commitment
to provide a safe work environment for its employees; and,
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WHEREAS, the District's Safety and Health Division provides safety-related
professional expertise, support, and guidance through policies and procedures
which are in accordance with Federal and State regulations.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That it is the policy of the Board of Directors of the Orange County
Sanitation District that District staff shall work in good faith with affected property
owners to maintain unobstructed access to District sewer lines at all times.
Section 2: To the extent that affected property owners refuse to permanently
remove encroachments obstructing access to District sewer lines, then pursuant
to applicable law, including, without limitation, Civil Code section 809, the
General Manager is hereby authorized to take all actions necessary to ensure
that District staff has unobstructed access to District sewer lines, including the
implementation of legal proceedings, when necessary.
PASSED AND ADOPTED at a regular meeting held June 27, 2007 .
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