CC RESOLUTION 4350RESOLUTION NO. 4350
A RESOLUTION AUTHORIZING THE BUILDING OFFICIAL
TO REQUIRE APPLICATIONS SEEKING PERMITS FOR
CONSTRUCTION PROJECT TO VERIFY THE INTEGRITY
OF EXISTING SEWER LATERALS OR REPLACE
DEFECTIVE SEWER LATERALS IN COMPLIANCE WITH
THE CITY'S NPDES PERMIT.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 -1387; "Clean
Water Act" or "CWA "), as implemented by the United States
Environmental Protection Agency ( "EPA "), requires that the city adopt
plans and programs for water quality management;
B. The CWA prohibits the discharge of any Pollutant to waters of the United
States from a point source unless the discharge is authorized by a permit
issued pursuant to the National Pollutant Discharge Elimination System
( "NPDES ") required by 33 U.S.C. § 1342;
C. The Regional Water Quality Control Board, Los Angeles Region
( "RWQCB -LA "), issued "Order No. 01 -182 NPDES Permit No Cas004001
Waste Discharge Requirements For Municipal Storm Water And Urban
Runoff Discharges Within The County Of Los Angeles And The
Incorporated Cities Therein, Except The City Of Long Beach" (the "2001
Permit ") on December 13, 2001, to cities in Los Angeles County, including
the City of El Segundo;
D. The City of El Segundo is a permittee under the 2001 Permit and therefore
is required by federal and state law to implement all requirements of the
2001 Permit;
E. Under the California Constitution and the California Government Code, the
City of El Segundo has authority to define public nuisances and to protect
the public health and safety of the residents of and visitors to the City of El
Segundo, and the environment, by abating public nuisances;
F. The City of El Segundo has authority under the California Water Code to
adopt and enforce ordinances imposing conditions, restrictions, and
limitations with respect to any activity which might degrade the quality of
waters of the state;
G. Further, the California Plumbing Code ( "CPC "), as adopted by the El
Segundo Municipal Code ( "ESMC "), allows the City's Building Official to
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ensure that the integrity of plumbing systems throughout the City
appropriately protect the public health and safety;
H. The City Council is obligated to take prudent steps to protect the City's
property and its funds and taxpayers from exposure to liability, including
the potentially enormous costs of litigation regarding natural resources
allegedly damaged by pollutants allegedly transported through the City's
storm water and sewer systems;
I. Much of the City's housing stock was built before modern plumbing
materials were used in construction. Consequently many sewer laterals
that connect private homes with the public sewer mains are constructed of
vitrified clay pipe;
J. These types of sewer laterals are susceptible to damage through natural
and human. Breaks or collapses in such laterals can lead to sewage
backups that damage public and private property;
K. In addition, if not properly cleaned, such backups endanger public health
and safety; and
L. It is in the public interest for the City to require persons seeking City
approvals for construction projects to ensure that existing sewer laterals
remain intact and properly serve the properties upon which they are
located. If not, such sewer laterals should be replaced with modern
plumbing materials.
,SECTION 2: The City Manager, Building Official, or their designees, may impose
conditions of approval on construction projects that require persons seeking City
approvals for such projects to verify the integrity of sewer laterals. Such conditions
must be reasonably related to the type of construction project being proposed and may
include, without limitation, the following:
A. Videotaping the sewer lateral to demonstrate that it continues to be in
good working order;
B. Submitting documentation demonstrating that the sewer lateral was
replaced with modern materials within a defined time period and continues
to properly service the subject property;
C. Demonstrating that the proposed construction project does not add
plumbing fixtures which would increase the burden on an existing sewer
lateral and the lateral would not otherwise be affected by the proposed
project; and
D. Providing such additional information as required by the Building Official
showing that an existing sewer lateral can continue servicing a property.
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SECTION 3: If, in the Building Officials opinion and based upon reasonable evidence, a
sewer lateral should be replaced, then the Building Official may require such
replacement before issuing City permits authorizing a construction project. The Building
Official's decision may be appealed in accordance with the ESMC.
SECTION 4: The City Manager is authorized to promulgate administrative policies and
procedures to implement the purpose of this Resolution.
SECTION-1 This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) pursuant to CEQA Division 13, Chapter 3
(commencing with § 21100), and CEQA regulations under categorical exemption
classes 1, 4, 5, 7, 8, 9, and 21 (Cal. Code Regs. Tit. 14, §§ 15301- 15329) because
establishes regulations that help ensure the maintenance, restoration and enhancement
of a natural resource and establishes procedures for further protection of the
environment.
SECTION 61 This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 7: The City Clerk will certify to the passage and adoption of this Resolution; will
enter the same in the book of original Resolutions of said City; and will make a minute of
the passage and adoption thereof in the record of proceedings of the City Council of said
City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this 2nd d of December 2003.
4 W-
�&
Mike Gordon, Mayor
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. 4350 was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 2nd day of December 2003, and the same
was so passed and adopted by the following roll call vote:
AYES:
Gordon, Jacobs, Gaines and McDowell
NOES:
None
ABSENT:
Wernick
ABSTAIN:
None
ATTEST:
4b�L,bmumm
Cindy M esen,
City Clerk
APPROVED AS
Mark D. Hens Z/,
in
Karl H. Berger
Assistant City ttorney
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