In May of 1997, the City consolidated its sewer maintenance, refuse collection, and recycling efforts under one organization, the Garden Grove Sanitary District (GGSD). The Garden Grove City Council acts as the Board of Directors of the GGSD. Prior to this time, local sewer service was provided by the Garden Grove Sanitary and Midway City Sanitary Districts.  These districts operated independently of the City of Garden Grove. 

Since the GGSD was founded and continuing since the merger with the City, the District's sewer lateral codes and requirements have remained the same.  The 2010 GGSD Code of Regulations reads the same as the 2000 regulations on sewer lateral ownership, which is: 

Sewer laterals connect buildings and homes to the main sewer.  The lateral includes the portion extending under parkways and public streets.

In 1999, the GGSD developed a Sewer Master Plan.  The purpose of the plan was to identify deficiencies and develop capital improvement costs.  The capital improvement costs were used to set the sewer rates and that system is valid today.  The Sewer Master Plan has never included the costs to replace the residential laterals and the estimated costs to replace the laterals would increase the capital improvement costs by a factor of five.  

In 2006, the GGSD was sued by Orange County Coastkeepers, and one of the results of the lawsuit was the establishment of a private sewer lateral loan program.  The loan program total $45,000 annually, and provides funds to residents for the repair or replacement of their laterals.  To date, no resident has taken part in the program.

In 2008, the neighboring cities of Costa Mesa and Home Gardens Sanitary Districts hired a legal firm to study and assess the liability from private sewer lateral spills.  GGSD received a copy of the report and agrees with the findings.  Essentially, the report states that as long as the laterals remain private and the main lines are maintained to industry standards, the cities would not be liable for lateral sewer spills.  The State has the ability to fine up to $10,000 per day per occurrence for sewer spills.  The result of the study was to increase the authority of the sanitary districts to regulate the maintenance of private sewer laterals via an ordinance.

Currently, the GGSD does incorporate a set of protocols to assist residents with private sewer lateral issues.  Those protocols are as follows:

• Upon the receipt of a call from a resident regarding a sewer lateral, GGSD schedules and sends a crew out for CCTV inspection of the sewer lateral at no charge, provided a cleanout or access to the sewer lateral is available.

• If any blockage and damage to the sewer lateral within the street is found to be caused by one of the City trees or was damaged from a City project or utility work, the City will repair or replace it within the street.

• Any laterals damaged by anything else, including age, will be the owner’s responsibility to fix the lateral. 

To further understand the private sewer lateral issue, staff has reviewed our studies of neighboring agency practices.  Currently in north Orange County, only 5 of the 29 local collection agencies accept any responsibility for sewer laterals. 

The five agencies incorporate the following policies:

• OCSD's unincorporated Area 7 (area just north of Tustin) owns the laterals within the public right-of-way and will maintain them;

• Santa Ana does not accept ownership but will repair or replace the laterals within the public right-of-way.  Santa Ana adopted a fee to cover this work;

• IRWD does not accept ownership of laterals,  but will repair or replace the lateral within the public right of way.

• Irvine Business Complex owns and maintains the laterals within the public right-of-way.

• The City of Fullerton provides regular lateral cleaning to residents experiencing problems due to the City trees, but only if a lateral clean out is provided by the resident.

There is no impact to the General Fund. However, depending on City Council's direction there may be an impact to the GGSD's funds and liability.

Based on the information provided staff believes we are delivering service consistent with industry standards and does not recommend a change to our existing practices.

By: William E. Murray, Public Works Director