Ordinance 25-01 Amending ESCSD Sewer Regulations
ORDINANCE 25-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
EASTERN SIERRA COMMUNITY SERVICE DISTRICT,
COUNTY OF INYO, STATE OF CALIFORNIA,
AMENDING DI`STRICT SEWER REGULATIONS,
SECTION II “DEFINITIONS” AND SECTION X “GENERAL ENFORCEMENT AND PENALTY PROVISIONS”
WHEREAS, the Eastern Sierra Community Service District (“District”) is a district duly organized and existing under and pursuant to the Community Services District Law, Section 61000 et seq. of the Government Code. Pursuant to Government Code Section 61100(b), the District has the authority to collect, treat, and dispose of sewage and wastewater. The District also has the authority to adopt ordinances and to enforce rules and regulations for the administration, operation, use, and maintenance of its facilities and services pursuant to Government Code Section 61060(b); and
WHEREAS, the District desires to adopt certain revisions to its Sewer Regulations in order to provide the District with procedures to remedy violations of the District’s Sewer Regulations.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE EASTERN SIERRA COMMUNITY SERVICE DISTRICT (“DISTRICT”) DOES ORDAIN AS FOLLOWS:
Section 1. AMEND ARTICLE II OF THE EASTERN SIERRA COMMUNITY SERVICE DISTRICT SEWER REGULATIONS ENTITLED “DEFINITIONS” AS FOLLOWS:
Sections 2.08, 2.13, and 2.14 of the Eastern Sierra Community Service District Sewer Regulations are amended, in their entirety, to read as set forth in Exhibit “A” attached hereto and incorporated herein.
Section 2. AMEND ARTICLE X OF THE EASTERN SIERRA COMMUNITY SERVICE DISTRICT SEWER REGULATIONS ENTITLED “GENERAL ENFORCEMENT AND PENALTY PROVISIONS” AS FOLLOWS:
Sections 10.01 through 10.09 of the Eastern Sierra Community Service District Sewer Regulations are amended, in their entirety, to read as set forth in Exhibit “B” attached hereto and incorporated herein.
Section 3. EFFECTIVE DATE OF ORDINANCE
This ordinance shall become effective and enforceable thirty (30) days from and after the date of its adoption.
Section 4. POSTING
The Board Secretary shall, within fifteen (15) days after the passage of this Ordinance, cause it to be posted as required on the District’s website, and entered in the Book of Ordinances of the Eastern Sierra Community Service District.
Section 5. CEQA
The Eastern Sierra Community Service District finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the Eastern Sierra Community Service District finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment).
Section 6. SEVERABILITY
If any provision of this Ordinance of the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable.
The foregoing Ordinance was introduced on the 10th day of September 2025, and PASSED, APPROVED, AND ADOPTED on the 8th day of October 2025.
AYES: Russell L. Adams, Seth W. Carr, Walter J. Pachucki,
Ronald E. Stone, Robert R. Winzenread
NOES: None
ABSTENTIONS: None
ABSENT: None
Seth W. Carr, Board President
ATTEST:
Jennifer J. Krafcheck, General Manager
Acting as Board Secretary
ORDINANCE 25-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
EASTERN SIERRA COMMUNITY SERVICE DISTRICT,
COUNTY OF INYO, STATE OF CALIFORNIA,
AMENDING DISTRICT SEWER REGULATIONS,
SECTION II “DEFINITIONS” AND SECTION X “GENERAL ENFORCEMENT AND PENALTY PROVISIONS”
EXHIBIT “A”
“2.08 ““Domestic sewage" means the liquid and solid waste derived from the ordinary living processes of humans, free from industrial wastewater, and of such character as to permit satisfactory treatment and disposal by conventional sewerage treatment processes.
2.13 “Industrial user” means any user that discharges industrial wastes.
2.14 “Industrial wastes”
means all liquid carried wastes and sewage of the community, excluding domestic sewage, and shall include all sewage from any
producing, manufacturing, processing, agricultural, or other operation.”
ORDINANCE 25-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
EASTERN SIERRA COMMUNITY SERVICE DISTRICT,
COUNTY OF INYO, STATE OF CALIFORNIA,
AMENDING DISTRICT SEWER REGULATIONS,
SECTION II “DEFINITIONS” AND SECTION X “GENERAL ENFORCEMENT AND PENALTY PROVISIONS”
EXHIBIT “B”
“10.01. Violation
. Except for disputes pertaining to sewer service rates and charges governed by Article VIII, any person who violates any provision of these Regulations or any ordinance, resolution or rule adopted hereunder or who discharges sewage or waste that causes or threatens to cause a condition of contamination, pollution, or nuisance shall be notified by the General Manager by written notice setting forth the nature of the violations and providing a reasonable time for the satisfactory correction thereof. The reasonable time specified for correction shall not be less than two nor more than seven calendar days. The General Manager may grant an extension not to exceed thirty days upon a showing of good cause. The person charged with the violation shall, within the period of time stated in such notice, permanently cease or correct all violations and shall be liable to the District for any expense, loss, or damage to the District occasioned by reason of such violation. All persons shall be held strictly responsible for any and all acts of agents or employees.
10.02 Termination of Service.
(a) When the General Manager finds that an industrial user has failed to cease or correct any noticed violation pursuant to section 10.1, the General Manager may terminate sewer service after notice and hearing.
(i) The District shall issue a termination notice to the industrial user by personal service or certified mail. The notice shall set forth a statement of the allegations and shall provide the time and place at which the charges will be heard by the General Manager. The hearing date shall be not less than fifteen calendar days nor more than forty-five calendar days after the personal service or mailing of such notice.
(ii) At the hearing, the industrial user may be represented by legal counsel and shall have an opportunity to respond to the allegations set forth in the notice by written evidence or oral testimony. Cross-examination of witnesses shall not be allowed.
(iii) The General Manager shall issue a written decision and order within thirty calendar days after the conclusion of the hearing. The decision and order shall set forth the General Manager’s findings and grounds for termination, and shall be served personally or by certified mail on the industrial user or the industrial user's legal counsel. The decision and order is final.
(b) To the extent that termination of service requires entry onto private property, the District shall obtain consent of the owner or a warrant pursuant to Government Code § 61069.
(c) Notwithstanding subdivision (a) and (b), when deemed necessary for the preservation of public health or safety, or for the protection of public or private property, the District may suspend or terminate sewer service to any industrial user after informal notice. If such endangerment is imminent, the District may act immediately to suspend sewer service without notice or warning. In suspending or terminating service, the District may sever all pertinent connections to the sewerage system.
10.03 Public Nuisance
.
(a) Any direct or indirect discharge of sewage or waste that is in violation of the provisions of these Regulations or any other ordinances, resolutions or rules adopted hereunder, or continued habitation of any building or premise to which service is suspended or terminated, is hereby declared to be a public nuisance and shall be corrected or abated as directed by District after notice and an opportunity to be heard. Notice and hearing shall conform to the procedures established in 10.02.
(b) Notwithstanding subdivision (a), the General Manager has the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an imminent threat to public health or safety, or to real or personal property, in his or her sole discretion without observance of any notice or hearing requirements. Within ten business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the District to abate an imminent threat to public health or safety, or imminent hazard to real or personal property, the District must provide the person charged with responsibility of the public nuisance with a notice of summary abatement. The person so charged may appeal the summary abatement notice by requesting a hearing within ten calendar days of service. The hearing shall conform to the procedures established in 10.02.
(c) The District may abate any violation of the Regulations, or any ordinance, resolution or rule adopted hereunder by District crews or private contractor. Where appropriate, no such abatement shall occur without securing a warrant pursuant to Government Code § 61069.
10.04. Misdemeanor
. Every person who willfully violates any provision of these Regulations and any ordinance, resolution or rule adopted hereunder, including the failure to pay any fees, charges or surcharges imposed hereby, or any conditions or limitations of a permit issued pursuant thereto, is guilty of a misdemeanor.
10.05. Separate Offenses
. A violation of these Regulations or any ordinance, resolution or rule adopted hereunder shall constitute a separate offense for each and every day the violation continues.
10.06. Civil Liability
. The District may bring suit to recover any amounts due the District under the provisions of these Regulations or any ordinances, resolutions or rules adopted hereunder. Such remedy shall be in addition to any other remedy or penalty provided herein.
10.07. Civil Action.
Whenever a discharge of sewage or waste or other action is found to be in violation of these Regulations and any ordinance, resolution or rule adopted hereunder or otherwise causes or threatens to cause a condition of contamination, pollution, or nuisance, the District may petition the Superior Court for the issuance of a temporary restraining order, preliminary injunction, permanent injunction, or all, as may be appropriate to restrain such action or require compliant actions.
10.08 Other Remedies.
The District may take any other civil action available at law or in equity to enforce these regulations.
10.09. Costs.
A person violating these Regulations or any ordinances, resolutions or rules adopted hereunder, or who discharges sewage or waste that causes a condition of contamination, pollution, or nuisance shall be liable for all expense, loss, or damage sustained by the District. Such expenses, losses, and damages encompass the District’s costs of investigation and any enforcement action required to return the user to compliance, including, but not limited to, reasonable attorneys’ fees, court costs, court reporters’ fees, and other litigation costs.
Upon completion of any investigation, enforcement, or abatement action, the District shall issue notice of costs that includes itemized cost report and payment schedule to the person responsible for the violation and all persons with a recorded interest in the subject property by personal service or mailing of such notice. The notice of costs shall include a statement that any unpaid amounts may become a lien upon the subject property. The person so responsible may appeal the notice of cost by requesting a hearing within ten calendar days of service. The hearing shall conform to the procedures established in 10.02. The scope of the hearing shall limited to the appropriateness of the amount of the abatement costs, and the General Manager’s decision may only confirm, discharge or modify the amount of costs.
If the person responsible for the payment of costs fails to make timely payments in accordance with the payment schedule, the District may seek a lien against the subject building or premises. The District may condition the reconnection and recommencement of service upon the payment of such expenses, losses, and damages.”