HomeMy WebLinkAbout03.d. Deny claim for damages submitted by Ernie GuerreroCentral Contra Costa Sanitary District •
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: July 7, 2011
Subject: DENY CLAIM FOR DAMAGES SUBMITTED BY ERNIE GUERRERO
Submitted By Initiating Dept. /Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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S eutsch . M rave s K. Alm Jam . Kelly,
Gen al Manager
ISSUE: The District has received a claim for $41,919.90 in damages arising out of a
sewage overflow into the claimant's property
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: This overflow occurred on a very rainy February 17, 2011. CSO was
only called out several hours into the overflow because City of Martinez staff advised
the property owner that the flow coming up from his restroom toilets was rainwater.
When the flow did not abate, he called the District. CSO responded and discovered a
blockage in the main. The District called out a restoration company to clean, dry and
test the facility.
Following the immediate clean up, staff discovered that the location did not have an
above ground overflow protection device. Rather, there was a check valve in the clean
out and the clean out was firmly capped.
Further investigation revealed an unpermitted and illegal connection farther down the
lateral. CSO inspected the line and discovered that the flappers were missing from the
check valves. These modifications make the valves ineffective. This is a violation of the
District Code which requires property owners to install and properly maintain approved
overflow protection devices. This matter has previously been discussed with the Board.
The Budget & Finance Committee reviewed this matter at its July 5, 2011 meeting.
RECOMMENDED BOARD ACTION: Deny the claim.