The Costa Mesa Sanitary Dist. v. Santa Ana Regiona
On Labor Day weekend 2013, an electrical power surge knocked out a sewage lift pump near the 73 Freeway. The pump was operated by the Costa Mesa Sanitary District (the District). The result was 79,000 gallons of raw sewage overflowing into an adjacent storm channel. The sewage then traveled about 150 yards to the Upper Newport Back Bay. Only 2,000 of the 79,000 gallons was recovered. About a year and four months later, on New Year’s Day 2015, a District sewage line plagued by tree roots backed up in the same general area. This time 8,100 gallons of raw sewage made its way into the Back Bay through the same channel. Both overflows lasted less than a day.
The Santa Ana Regional Water Quality Board (the Board) sought an administrative fine (called “ACL” by the parties, for “administrative civil liability”) against the District for both overflows. The maximum amount of the fine, based on the statutory limit of $10 per gallon and $10,000 per day (see Water Code, § 13385
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