Loading...
HomeMy WebLinkAbout1983-02-28COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127, FOUNTAIN VAL L EY. C ALIFORNIA 9270 8 108 44 ELLIS AVENUE (EUCLID OFF-RAMP. SAN DIEGO FREEWAY) February 24, 1983 NOTICE OF SPECIAL MEETING DISTRICT NO . 1 MONDAY) FEBRUARY 28 ) 1983 -5:00 P.M . 10844 ELLIS AVENUE FOUNTAIN VALLEY) CALIFORNIA I am calling a special meeting of the Board of Directors of County Sanitation District No . 1 of Orange County , California, at the above hour and date . The purpose of the meeting is to consider issuance of a temporary Industrial Waste Discharge Permit to V.A .L .. Circuits . Robert Hanson Cha irman TELEPHONES: AREA C ODE 714 540-2910 962 -2411 COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127. FOUNTAIN VALLEY, C ALIFORNIA 92708 10844 ELLIS AVENU E (EUCLID OFF-RAMP. SAN DIEGO FREEWAY) Feb r uary 24, 1983 NOTICE OF SPECIAL MEETING DISTRICT NO. 1 MONDAY) FEBRUARY 28) 19 83 -5:00 P.M. 10844 ELLIS AVENUE . FOUNTAIN VALLEY) CALIFORNIA I am calling a special me et i ng of the Board of Di re c tors of County Sanitation District No . 1 o f Orange County , Ca li fornia, at the above hou r and date. The pur pose of th e meeting is to consider issuance of a tempo rar y Industrial Waste Discharge Per mit t o V .A .L . Circuits. /s/ Robert Hanson Robert Hanson Chairman TELEPHONES: AREA CODE 714 54 0-2910 962-2411 II ' BOARDS OF DIRECTO !tS County Sanitation Districts Post Off ice Box 8127 of Orange County, California l 0844 Ellis Avenue Fountain Valley, Cal if ., 92708 Telephones: ( 1) (2) (3) (4) ( 5) ( 6) DISTRICT No. l SPECIAL MEETING MONDAY) FEBRUARY 28) 1983 -5:00 P.M. Roll call Area Code 714 540-2910 962-2411 AGENDA Staff report relative to corrective actions taken by V.A.L. Circuits subsequent to revocation of Industrial Waste Discharge Permit No. 1-348 on February 9, 1983. See page "A" Discussion by Directors Consideration of motion approving Agreement re Application of V.A.L. Circuits, Inc. for Industrial Waste Permit, and authorizing General Manager to execute said agreement. See page "B" Consideration of motion authorizing Gener a l Manager to issue temporary Industrial Waste Discharge Permit to V.A.L. Circuits i n accordance with the terms and conditions of the Agreement re Application of V.A.L. Circuits, Inc. for Industrial Waste Permit Consideration of motion to adjourn 1 1 COUNTY SANITATION DISTRICTS of ORANGE COUNlY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE February 23, 1983 FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 BACKGROUND STAFF REPORT V.A.L. CIRCUITS Revoked Permit No. l-348 (714) 962-2411 On February 9, 1983 District No. 1 Board of Dir•ctor~ 'revoked Industrial Waste Discharge Permit No. 1-348, issued to V.A.L. Circuits. This revocation was ordered due to consistent viola- tions of permit requirements and ordinance conditions by V.A.L. Circuits. V.A.L. CIRCUITS' CORRECTIVE ACTIONS TO DATE Subsequent to the February 9 revocation, the following requested actions have been taken by V.A.L. Circuits: 1. All discharge from V.A.L. Circuits' wet process has been terminated. This fact has been verified by both District staff and Custom Systems, Inc., consultant for V.A.L. Circuits. 2. A pretreatment system, supplied by Custom Systems, Inc., has been installed at the industry. Richard G. Durkee, President of Custom Systems, Inc., has certified that the system, when operated properly, will comply with the Districts' total copper and pB discharge limitations. 3. All outstanding use charge invoices and non-compliance fees have been paid. 4. A $5000.00 cash bond has been posted. s. V.A.L. Circuits has signed the enclosed stipulation and agreement-setting forth terms and conditions for issuance of a temporary permit to allow industrial discharges from the firm pending a determination of their ability to meet limitations with the newly installed system. "A" AGENDA ITEM #2 "A" 7 1 "B-1" AGREEMENT RE APPLICATION OF V.A.L. CIRCUITS, INC. FOR INDUSTRIAL WASTE PERMIT THIS AGREEMENT, is made and entered into this day of ~~~~~~~~~' 1983, by and between V.A.L. CIRCUITS, INC., a California Corporation, hereinafter referred to as "V.A.L.", and COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to.as "District". RECITALS WHEREAS,· V.A.L. is a Corporation engaged in the electro- plating industry·, located at 2626 Shannon Street, Santa Ana, California 92704, and more specifically is primarily engaged • in the manufacture of printed circuit boards and related equipment; and WHEREAS, in the ordinary and regular course of its manu- facturing process, V.A.L. discharges quantities of water con- taining certain metals, thus subjecting it to the requirements of District Ordinance No. 103 pertaining to industrial waste dischargers; and WHEREAS, V.A.L. has filed a permit and application to receive an industrial waste discharge permit to allow for the discharge of certain quantities of water containing metals and other regulated substances, to the District's sewer facilities including treatment plant; and WHEREAS, V.A.L. has previously applied for and been granted an industrial waste discharge permit dated June 1, 1980, desig- nated as Permit No. 1-348; and AGENDA ITEM #4 "B-1" "B-2" WHEREAS, Permit No. 1-348 specified certain limitations pertaining to the discharge of copper in that the maximum allowable discharge was 0.5 lbs. per day based upon .015 MGD flow of water being discharged to the District's system; and WHEREAS, pursuant to the issuance of Permit No. 1-348, V.A.L. commenced a regular and continuous discharge to the District's sewage system; and WHEREAS, commencing in September, 1980, District conducted samples of the industrial effluent discharged from the facilities operated by V.A.L. to the District's system and determined that several violations of Permit No. 1-348 had occurred; and WHEREAS, on March 2, 1981, District served a permit revoca- tion notice on V.A.L. based upon continuing discharges and violation of the permit limitations and the failure of V.A.L. to obtain, install and adequately maintain necessary pretreatment equipment to insure that further discharges were in conformity with permit limitations; and WHEREAS, as a result of the notice of proposed permit revocation, District undertook a sampling and evaluation program as prescribed by District Ordinance, wherein samples of the V.A.L. discharge to the District's system were undertaken for ten (10) consecutive operating days; and WHEREAS, the sampling and evaluation program produced results showing discharges in violation of the permit limitations for which District assessed non-compliance fees in the amount of $1,017.00, plus penalties and interest; and -2-. AGENDA ITEM #4 "B-2" "B-3" WHEREAS, during the period of May, 1981 to May, 1982, V.A.L. continued to discharge into the District's system, and based upon submitted documentation, including plans, a critical path construction management analysis for the construction of necessary pretreatment facilities, District proposed to def er any action on the revocation of the industrial waste discharge permit issued to V.A.L. provided an Enforcement Compliance Schedule Agreement was entered into by and between V.A.L. and Di~trict; and WHEREAS, the terms of said Agreement were initially under- stood and agreed to by V.A.L., V.A.L. willfully refused to execute said Compliance Schedule Agreement, which Agreement provided for a deferred schedule of installation and necessary pretreatment equipment; and WHEREAS, since the issuance of Permit No. 1-348 on June 1, 1980 to present date, District has sampled and analyzed the wastewater discharge from V.A.L.'s facilities on 36 occasions. Laboratory analysis of said samples established that 35 of the 36 samples contained a quantity of copper in an amount exceeding the discharge limitations allowed under the Permit; and WHEREAS, V.A.L. willfully and intentionally failed to comply with the discharge limitations set forth in Permit No. 1-348, including the amendment limitation increasing the copper discharge to 0.7 lbs. per day based on .020 MGD flow which became effective June 1, 1981; and -3- AGENDA ITEM #4 "B-3" "B-4" WHEREAS, by letter dated October 12, 1982, from District to V.A.L., District initiated a permit revocation proceeding based upon the fact that V.A.L. 's industrial discharge consistently violated the copper discharge limitations set forth in Permit No. 1-348; that V.A.L. failed to sign a proposed Enforcement Compliance Schedule Agreement; and failed to exhibit good faith efforts to comply with the terms of District Ordinance No. 103 and Permit No. 1-348; and WHEREAS,: on November 4, 1982, pursuant to District Ordinance No. 103, a permit revocation hearing was held pursuant to notice of October 12, 1982. At said hearing, the owners of V.A.L. admitted that V.A.L. had in fact continuously failed to comply with the permit requirements established by the District; and WHEREAS, as a result of the permit revocation hearing held by the Assistant General Manager on November 4, 1982, together with additional samples of the effluent discharge from V.A.L. 's facilities on three separate occasions subsequent to the hearing, a noticed hearing for revocation was scheduled and held by the Board of Directors of District on February 9, 1983; and WHEREAS, pursuant to notice of the scheduled hearing before the Board of Directors of District, V.A.L. appeared and presented evidence, and based upon the entire review of the records before it, the Board of Directors issued its decision based on specified findings of fact and determination of issues, and ordered Permit No. 1-348 issued to V.A.L. revoked effective immediately; and -4- AGENDA ITEM #4 "B-4" "B-5" WHEREAS, the revocation was premised on evidence supporting findings and determinations that V.A.L. had violated provisions of District Ordinance No. 103, and Permit No. 1-348, and that V.A.L. had failed to act in good faith in attempting to meet the permit limitations, thus resulting in a discharge in viola- tion of said Ordinance and Permit, constituting a public nuisance; and WHEREAS, V.A.L. has now established to the satisfaction of District's."Staff, that it has installed pretreatment equipment adequate to prevent further discharges in violation of permit limitations, if a new permit is to be issued; and WHEREAS, the parties hereto wish to issue a new Industrial Waste Discharge Permit to V.A.L., subject to the several terms · and conditions set forth herein. NOW, THEREFORE, the parties hereto agree as follows: Section 1: V.A.L. and District acknowledge each of the facts set forth in the recitals hereinabove, to be true and correct, established by substantial evidence, and to be a valid basis for the revocation of Permit No. 1-348 previously issued to V.A.L., and for the issuance of a new Permit to V.A.L. Section 2: That prior to the effective date of this Agree- ment, V.A.L. shall provide to District a written certification by the supplier of the pretreatment equipment or an independent consultant ·that the. pretreatment· equipment installed by V.A.L. is capable of controlling the wastewater discharge to insure compliance with the limitations set forth in the new Permit. -5- AGENDA ITEM #4 "B-5" "B-6" Section 3: That prior to the effective date of this Agree- ment, V.A.L. shall provide a report from an inde?endent consultant setting forth the specific requirements pe~taining to operations and maintenance of said pretreatment equipment, necessary to assure its proper functioning and ability to control the waste discharge. Section 4: District shall issue a temporary permit, ef- fective for a period of forty-five (45) days, to allow for the installation of all necessary on-site pretreatment facilities and equipment, together with allowing District to cause a sampling and evaluation program to be completed. Provided that all terms and conditions of the temporary permit are complied with, District shall, upon the expiration of the temporary permit, issue an industrial waste discharge permit subject to specified terms and conditions as determined by District Board of Directors. Section 5: District shall issue and V.A.L. agrees to be bound by the temporary Class I Permit containing permit limitations as set forth in the proposed Permit, attached hereto as Exhibit "A" and incorporated herein by reference. Section 6: V.A.L. shall have installed permanent pretreatment facilities and equipment capable of continuously guaranteeing a discharge in compliance with permit limitations prior to the expiration of the temporary permit. Section 7: V.A.L. shall be allowed to discharge under the terms and conditions of the temporary permit to be issued by District, but shall be required to haul away and independently -6- AGENDA ITEM #4 "B-6" 7 1 "B-7" dispose of all effluent or waste products which are not in strict compliance with District Ordinance No. 103, and the temporary permit limitations. Section 8: V.A.L. agrees that in the event District's sampling and evaluation determines that a discharge has been made which exceeds the permit limitation set forth in the tem- porary permit, that District can immediately thereafter, without notice to V.A.L., cause a physical disconnection of the sewer connections for the V.A.L. Circuit property to District's fa- cilities and system. Section 9: V.A.L. shall pay to District the full cost of all inspection, sampling, monitoring and testing procedures undertaken by District to evaluate the discharge of V.A.L., together with administrative costs related thereto incurred by District, commencing February 10, 1983 through the expiration of the temporary Permit. Section 10: Prior to the effective date of this Agreement and the temporary Permit, V.A.L. shall post cash or other security in a form approved by the District's General Counsel in the amount of Five Thousand ($5,000.00) Dollars to insure compliance with all of the terms and conditions of this Agreement. Any or all portions of this security deposit shall be forfeited to the District: (a) In the event V.A.L. fails to pay within ten (10) days of invoice, all invoices of the District issued pursuant to Section 9 above; -7- AGENDA ITEM #4 "B-7" "B-8" {b) For other costs and expenses incurred by District directly related to any non-compliance by V.A.L. with the terms and conditions of this Agreement or the temporary Permit; (c) For any penalties imposed by District pursuant to Ordinance No. 103 during the term of discharge permitted by the temporary Permit. Section 11: Prior to the effective date of this Agreement and the temporary Permit, V.A.L. shall pay to District, by cash or certif·ied check, the sum of $5,040.28 , -----~~~~~~~~~- which constitutes the total of all outstanding invoices due and owing to District for fees and charges assessed to V.A.L. through and including February 9, 1983, plus any accrued penalties and interest on said invoices. Section 12: In the event District does not issue a regular Class I Industrial Waste Discharge Permit upon expiration of the 45-day temporary permit, based upon failure to comply with the terms and conditions of this Agreement and the temporary Permit, or District Ordinance No. 103, V.A.L. agrees that District can immediately thereafter, without notice, physically disconnect the sewer connection to the District's facilities and system. Section 13: Prior to the expiration of the temporary Permit, V.A.L. shall have installed separate water service connections and water meters for each connection, for each building, structure or facility owned by V.A.L. at 2626 Shannon Street, Santa Ana, California, or contiguous thereto. The separate water service connections shall be designed and installed '--1 in a manner so as to not allow water service to be furnished -8-AGENDA ITEM #4 "B-8" "B-9" between any two buildings owned or occupied by V.A.L. at the same or different addresses. Section 14: Prior to the expiration of the temporary permit, V.A.L. shall cause all water service line connection between two or more buildings, structures or facilities owned or occupied by V.A.L. at the same or different addresses to be permanently disconnected and terminated. Section 15: Prior to the expiration of the temporary Permit, V.A.~: shall provide to District certification from the City of Santa Ana that all water and sewer service connec- tions to all buildings, structures and facilities owned and occupied by V.A.L. meet the specifications of the Uniform Plumbing Code and all applicable ordinances and regulations of the City of Santa Ana. Section 16: Within 45 days of the effective date of this Agreement and temporary Permit, V.A.L. shall, at its sole expense, obtain and install at a location approved by District a sample box in accordance with specifications approved by District for each building, structure or facility owned or occupied by V.A.L. The location selected by District will be chosen so as to allow a direct independent sample and evalua- tion of the wastewater discharge by each building, structure or facility owned or operated by V.A.L. During the term of this Agreement and the temporary Permit, V.A.L. shall provide to District a written weekly progress report, in a form approved by District, pertaining to the compliance with the terms and conditions of this Agreement and the temporary Permit. -9- AGENDA ITEM #4 "B-9" "B-10" Section 17: V.A.L. agrees that upon expiration of the temporary permit and compliance with all terms and conditions thereof, that the issuance of a Class I Permit by District may be limited in time so as to insure that continued compliance with the terms and conditions thereof is achieved. Section 18: If either party hereto institutes any pro- ceeding in a ~curt of proper jurisdiction to enforce any pro- visions hereof by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover such amount as the Court may award as reasonable at- torneys' fees for services rendered, together with all costs. Section 19: V.A.L. represents that it has fully read and understood each and every provision set forth in this Agree- ment, that it has been afforded the opportunity to review this Agreement and obtain the advice of legal counsel relating thereto, and that the Agreement is entered into without threat, intimida- tion or coercion, and is executed willfully and freely on the basis of being a fair and equitable determination of applicable terms and conditions, recognizing the need for the protection of the public health and welfare attendant to the operation of a wastewater collection and treatment system, as operated -10- AGENDA ITEM #4 "B-10" "B-11" by District. A DATED: z,z3-9) ___________ ___;_ (CORPORATE SEAL) APPROVED AS TO FORM: Thomas L. Woodruff, General Counsel TLW:pj:D:02/22/83 COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, ·CALIFORNIA By _________________ _ Fred A. Harper, General Manager -11- AGENDA ITEM #4 "B-11" II ~\s l BbARDS OF DIRECTORS County Sanitation Districts Post Office Box 8127 of Orange County, California 10844 Ellis Avenue Fountain Volley, Calif., 92708 Telephones: { 1) (4) r<\\ ~ DISTRICT No. 1 SPECIAL MEETING MONDAY) FEBRUARY 28) 1983 -5:00 P.M. Roll call Area Code 71 4 540-2910 962-2411 AGENDA Staff report relative to corrective actions taken by V.A.L. Circuits subsequent to revocation of Industrial Waste Discharge Permit No. 1-348 on February 9, 1983. See page "A" Discussion by Directors Consideration of motion approving Agreement re Application of V.A.L. Circuits, Inc. for Industrial Waste Permit, and authorizing General Manager to execute said agreement . See page "B" Revised suggested action re Agenda Item No. 5: (5) {a) Consideration of motion authorizing General Manager to issue temporary Industrial Waste Discharge Permit to V.A.L. Circuits in accordance with the terms and conditions of the Agreement re Application of V.A.L. Circuits, Inc. for Industrial Waste Permit {b) Consideration of motion authorizing the General Manager to issue a Class I Industrial Waste Discharge Permit to V.A.L. Circuits, in accordance with provisions of the District's industrial use ordinance, at the end of the 45-day temporary permit period, provided that V.A.L. Circuits has complied with the stipulated agreement and temporary permit conditions February 23, 1983 BACKGROUND STAFF REPORT V.A.L. CIRCUITS Revoked Permit No. 1-348 COUNTY SANITATION DISTRICTS of ORANGE COUNTY, CALIFORNIA P. 0. BOX 8127 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 (714) 540-2910 (714) 962-2411 On February 9, 1983 District No. 1 Board of Dir•ctor~ ·revoked Industrial Waste Discharge Permit No. 1-348, issued to V.A.L. Circuits. This revocation was ordered due to consistent viola- tions of permit requirements and ordinance conditions by V.A.L. Circuits. V.A.L. CIRCUITS' CORRECTIVE ACTIONS TO DATE Subsequent to the February 9 revocation, the following requested actions have been taken by V.A.L. Circuits: 1. All discharge from V.A.L. Circuits' wet process has been terminated. This fact has been verified by both District staff and Custom Systems, Inc., consultant for V.A.L. Circuits. 2. A pretreatment system, supplied by Custom Systems, Inc., has been installed at the industry. Richard G. Durkee, President of Custom Systems, Inc., has certified that the system, when operated properly, will comply with the Districts' total copper and pB discharge limitations. 3. All outstanding use charge invoices and non-compliance fees have been paid. 4. A $5000.00 cash bond has been posted. s. V.A.L. Circuits has signed the enclosed stipulation and agreement-setting forth terms and conditions for issuance of a temporary permit to allow industrial discharges from the firm pending a determination of their ability to meet limitations with the newly installed system. "A" AGENDA ITEM #2 "A" "B-1" AGREEMENT RE APPLICATION OF V.A.L. CIRCUITS, INC. FOR INDUSTRIAL WASTE PERMIT THIS AGREEMENT, is made and entered into this day , 1983, by and between V.A.L. CIRCUITS, ~~~~~~~~~ of INC., a California Corporation, hereinafter referred to as "V.A.L.", and COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, hereinafter referred to.as "District". RECITALS WHEREAS,· V.A.L. is a Corporation engaged in the electro- plating industry·, located at 2626 Shannon Street, Santa Ana, California 92704, and more specifically is primarily engaged in the manufacture of printed circuit boards and related equipment; and WHEREAS, in the ordinary and regular course of its manu- facturing process, V.A.L. discharges quantities of water con- taining certain metals, thus subjecting it to the requirements of District Ordinance No. 103 pertaining to industrial waste dischargers; and WHEREAS, V.A.L. has filed a permit and application to receive an industrial waste discharge permit to allow for the discharge of certain quantities of water containing metals and other regulated substances, to the District's sewer facilities including treatment plant; and WHEREAS, V.A.L. has previously applied for and been granted an industrial waste discharge permit dated June 1, 1980, desig- nated as Permit No. 1-348; and AGENDA ITEM #4 "B-1" "B-2" WHEREAS, Permit No. 1-348 specified certain limitations pertaining to the discharge of copper in that the maximum allowable discharge was 0.5 lbs. per day based upon .015 MGD flow of water being discharged to the District's system; and WHEREAS, pursuant to the issuance of Permit No. 1-348, V.A.L. commenced a regular and continuous discharge to the District's sewage system; and WHEREAS, commencing in September, 1980, District conducted samples of the industrial effluent discharged from the facilities operated by V.A.L. to the District's system and determined that several violations of Permit No. 1-348 had occurred; and WHEREAS, on March 2, 1981, District served a permit revoca- tion notice on V.A.L. based upon continuing discharges and violation of the permit limitations and the failure of V.A.L. to obtain, install and adequately maintain necessary pretreatment equipment to insure that further discharges were in conformity with permit limitations; and WHEREAS, as a result of the notice of proposed permit revocation, District undertook a sampling and evaluation program as prescribed by District Ordinance, wherein samples of the V.A.L. discharge to the District's system were undertaken for ten (10) consecutive operating days; and WHEREAS, the sampling and evaluation program produced results showing discharges in violation of the permit limitations for which District assessed non-compliance fees in the amount of $1,017.00, plus penalties and interest; and -2- AGENDA ITEM #4 "B-2" "B-3" WHEREAS, during the period of May, 1981 to May, 1982, V.A.L. continued to discharge into the District's system, and based upon submitted documentation, including plans, a critical path construction management analysis for the construction of necessary pretreatment facilities, District proposed to def er any action on the revocation of the industrial waste discharge permit issued to V.A.L. provided an Enforcement Compliance Schedule Agreement was entered into by and between V.A.L. and Di~trict; and WHEREAS, the terms of said Agreement were initially under- stood and agreed to by V.A.L., V.A.L. willfully refused to execute said Compliance Schedule Agreement, which Agreement ' provided for a deferred schedule of installation and necessary pretreatment equipment; and WHEREAS, since the issuance of Permit No. 1-348 on June 1, 1980 to present date, District has sampled and analyzed the wastewater discharge from V.A.L.'s facilities on 36 occasions. Laboratory analysis of said samples established that 35 of the 36 samples contained a quantity of copper in an amount exceeding the discharge limitations allowed under the Permit; and WHEREAS, V.A.L. willfully and intentionally failed to comply with the discharge limitations set forth in Permit No. 1-348, including the amendment limitation increasing the copper discharge to 0.7 lbs. per day based on .020 MGD flow which became effective June 1, 1981; and -3- AGENDA ITEM #4 "B-3" "B-4" WHEREAS, by letter dated October 12, 1982, from District to V.A.L., District initiated a permit revocation proceeding based upon the fact that V.A.L. 's industrial discharge consistently violated the copper discharge limitations set forth in Permit No. 1-348; that V.A.L. failed to sign a proposed Enforcement Compliance Schedule Agreement; and failed to exhibit good faith efforts to comply with the terms of District Ordinance No. 103 and Permit No. 1-348; and WHEREAS,: on November 4, 1982, pursuant to District Ordinance No. 103, a permit revocation hearing was held pursuant to notice of October 12, 1982. At said hearing, the owners of V.A.L. admitted that V.A.L. had in fact continuously failed to comply with the permit requirements established by the District; and WHEREAS, as a result of the permit revocation hearing held by the Assistant General Manager on November 4, 1982, together with additional samples of the effluent discharge from V.A.L. 's facilities on three separate occasions subsequent to the hearing, a noticed hearing for revocation was scheduled and held by the Board of Directors of District on February 9, 1983; and WHEREAS, pursuant to notice of the scheduled hearing before the Board of Directors of District, V.A.L. appeared and presented evidence, and based upon the entire review of the records before it, the Board of Directors issued its decision based on specified findings of fact and determination of issues, and ordered Permit No. 1-348 issued to V.A.L. revoked effective immediately; and \.._,) -4- AGENDA ITEM #4 "B-4" "B-5" WHEREAS, the revocation was premised on evidence supporting findings and determinations that V.A.L. had violated provisions of District Ordinance No. 103, and Permit No. 1-348, and that V.A.L. had failed to act in good faith in attempting to meet the permit limitations, thus resulting in a discharge in viola- tion of said Ordinance and Permit, constituting a public nuisance; and WHEREAS, V.A.L. has now established to the satisfaction of District's.·staff, that it has installed pretreatment equipment adequate to prevent further discharges in violation of permit limitations, if a new permit is to be issued; and WHEREAS, the parties hereto wish to issue a new Industrial Waste Discharge Permit to V.A.L., subject to the several terms and conditions set forth herein. NOW, THEREFORE, the parties hereto agree as follows: Section 1: V.A.L. and District acknowledge each of the facts set forth in the recitals hereinabove, to be true and correct, established by substantial evidence, and to be a valid basis for the revocation of Permit No. 1-348 previously issued to V.A.L., and for the issuance of a new Permit to V.A.L. Section 2: That prior to the effective date of this Agree- ment, V.A.L. shall provide to District a written certification by the supplier of the pretreatment equipment or an independent consultant 'that the.pretreatment· equipment instailed by V.A.L. is capable of controlling the wastewater discharge to insure compliance with the limitations set forth in the new Permit. -s- AGENDA ITEM #4 "B-5" "B-6" •. . Section 3: That prior to the effective date of this Agree- ment, V.A.L. shall provide a report from an independent consultant setting forth the specific requirements pe~taining to operations and maintenance of said pretreatment equipment, necessary to assure its proper functioning and ability to control the waste discharge. Section 4: District shall issue a temporary permit, ef- fective for a period of forty-five (45) days, to allow for the installati"on of all necessary on-site pretreatment facilities and equipment, together with allowing District to cause a sampling and evaluation program to be completed. Provided that all terms and conditions of the temporary permit are complied with, District shall, upon the expiration of the temporary permit, issue an industrial waste discharge permit subject to specified terms and conditions as determined by District Board of Directors. Section 5: District shall issue and V.A.L. agrees to be bound by the temporary Class I Permit containing permit limitations as set forth in the proposed Permit, attached hereto as Exhibit "A" and incorporated herein by reference. Section 6: V.A.L. shall have installed permanent pretreatment facilities and equipment capable of continuously guaranteeing a discharge in compliance with permit limitations prior to the expiration of the temporary permit. Section 7: V.A.L. shall be allowed to discharge under the terms and conditions of the temporary permit to be issued by District, but shall be required to haul away and independently -6- AGENDA ITEM #4 "B-6" "B-7" dispose of all effluent or waste products which are not in strict compliance with District Ordinance No. 103, and the temporary permit limitations. Section 8: V.A.L. agrees that in the event District's sampling and evaluation determines that a discharge has been made which exceeds the permit limitation set forth in the tem- porary permit, that District can immediately thereafter, without notice to V.A.L., cause a physical disconnection of the sewer connections f9r the V.A.L. Circuit property to District's fa- cilities and system. Section 9: V.A.L. shall pay to District the full cost of all inspection, sampling, monitoring and testing procedures undertaken by District to evaluate the discharge of V.A.L., together with administrative costs related thereto incurred by District, commencing February 10, 1983 through the expiration of the temporary Permit. Section 10: Prior to the effective date of this Agreement and the temporary Permit, V.A.L. shall post cash or other security in a form approved by the District's General Counsel in the amount of Five Thousand ($5,000.00) Dollars to insure compliance with all of the terms and conditions of this Agreement. Any or all portions of this security deposit shall be forfeited to the District: ca·) In the event V.A.L. fails to pay within ten (10) days of invoice, all invoices of the District issued pursuant to Section 9 above; -7- AGENDA ITEM #4 "B-7" "B-8" . ' {b) For other costs and expenses incurred by District directly related to any non-compliance by V.A.L. with the terms and conditions of this Agreement or the temporary Permit; {c) For any penalties imposed by District pursuant to Ordinance No. 103 during the term of discharge permitted by the temporary Permit. Section 11: Prior to the effective date of this Agreement and the temporary Permit, V.A.L. shall pay to District, by cash or certified check, the sum of $5,040.28 -------------~--~----- which constitutes the total of all outstanding invoices due and owing to District for fees and charges assessed to V.A.L. through and including February 9, 1983, plus any accrued penalties and interest on said invoices. Section 12: In the event District does not issue a regular Class I Industrial Waste Discharge Permit upon expiration of the 45-day temporary permit, based upon failure to comply with the terms and conditions of this Agreement and the temporary Permit, or District Ordinance No. 103, V.A.L. agrees that District can immediately thereafter, without notice, physically disconnect the sewer connection to the District's facilities and system. Section 13: Prior to the expiration of the temporary Permit, V.A.L. shall have installed separate water service connections and water meters for each connection, for each building, structure or facility owned by V.A.L. at 2626 Shannon Street, Santa Ana, California, or contiguous thereto. The separate water service connections shall be designed and installed \.,,) in a manner so as to not allow water service to be furnished -a-AGENDA ITEM #4 "B-8" "B-9" between any two buildings owned or occupied by V.A.L. at the same or different addresses. Section 14: Prior to the expiration of the temporary permit, V.A.L. shall cause all water service line connection between two or more buildings, structures or facilities owned or occupied by V.A.L. at the same or different addresses to be permanently disconnected. and terminated. Section 15: Prior to the expiration of the temporary Permit, V.A.~: shall provide to District certification from the City of Santa Ana that all water and sewer service connec- tions to all buildings, structures and facilities owned and occupied by V.A.L. meet the specifications of the Uniform Plumbing Code and all applicable ordinances and regulations of the City · of Santa Ana. Section 16: Within 45 days of the effective date of this Agreement and temporary Permit, V.A.L. shall, at its sole expense, obtain and install at a location approved by District a sample box in accordance with specifications approved by District for each building, structure or facility owned or occupied by V.A.L. The location selected by District will be chosen so as to allow a direct independent sample and evalua- tion of the wastewater discharge by each building, structure or facility owned or operated by V.A.L. During the term of this Agreement and the temporary Permit, V.A.L. shall provide to District a written weekly progress report, in a form approved by District, pertaining to the compliance with the terms and conditions of this Agreement and the temporary Permit. -9- AGENDA ITEM #4 "B-9" "B-10" Section 17: V.A.L. agrees that upon expiration of the temporary permit and compliance with all terms and conditions thereof, that the issuance of a Class I Permit by District may be limi·..:ed in time so as to insure that continued compliance ·with the terms and conditions thereof is achieved. Section 18: If either party hereto institutes any pro- ceeding in a ~ourt of proper jurisdiction to enforce any pro- visions hereof by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover such amount as the Court may award as reasonable at- torneys' fees for services rendered, together with all costs. Section 19: V.A.L. represents that it has fully read and understood each and every provision set forth in this Agree- ment, that it has been afforded the opportunity to review this Agreement and obtain the advice of legal counsel relating thereto, and that the Agreement is entered into without threat, intimida- tion or coercion, and is executed willfully and freely on the basis of being a fair and equitable determination of applicable terms and conditions, recognizing the need for the protection of the public health and welfare attendant to the operation of a wastewater collection and treatment system, as operated -10- AGENDA ITEM #4 "B-10" ,I -, • 1 "B-11" by District. (CORPORATE SEAL) APPROVED AS TO FORM: Thomas L. Woodruff, General Counsel TLW:pj:D:02/22/83 COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, ·CALIFORNIA By~~~~~~~~~~~~~~~~~- Fred A. Harper, General Manager -11- AGENDA ITEM #4 "B-11" M EE T I NG D AT E Feb • 2 8 , 19 8 3 DISTRICT 1 (CRANK),,,,,,,, HANSON ,,,,,, V (BRIC K~N). , , , , , LUXEMBOURGER ~ (EDGAR ),,, , , , , , SALTARELLI , , (RILEY),,,,,,, .STANTON,,,,, DISTRICT 2 (MURPHY) ••••••• WEDAA •••••• I (OV ER HOLT), I I •• ROTH ••• I . I •• -- (N J ELSEN ) I' I •• I BROWN •• I •••• -- (HICKS), •• I I ••• COOPER . I •••• -- ( KUZN I K). I I I ••• HOLT •• I I I .... -- (OD L UM). 'I I I I •• KAWANAM I •••• -- ~BR! CKEN) I I •••• LUXEMBOURGER == WIEDER). I'. I I .NESTAND E •••• CULVER). I' I •• ,PERRY •• I I ••• -- (BEYER).,,,,,, ,SMITH ,,,,,,.-- (HOLMBERG), •••• WEDEL . I ••••• -- (CATLIN). 11. I I .WINTERS •• I.·== DISTRICT 3 (ED WARD S) I. I I I .FINLAYSON.' I (VANDERSTAAY). .LASZLO . I I I I.-- (NI ELSEN) •• I. I I ADL ER •••• I I.-- ( p ER RY ) I I I ••• I • c UL v ER • I • I •• -- (SEID EL ) •••• I •• FRESE . I. I 11 .-- (J ARRE LL ) •• I ••• GRIFF IN •• I I.-- (BRICK EN). I I I •• LUXEMBOURGER-- (F INLEY ) ••• I I •• MANDIC ••• I •• -- (LACAYO), •• I. I .MULLEN . I I II.-- (COOPER),(' I I I .NEL SON . I I I I.-- (MARSHOTTJ , I II .RELL. I I I I I I.-- (WEDEL),,,,,,, ,ROGET ,,,,,,.-- (OV ERHOLT ), I II .ROTH . I '. I ••• -- ( ZOMM I c K) I I I I • I s YL v I A. I I I ' I== (NESTANDE). I ••• WIEDER . I I 1 1 I (CATLIN),.' 111 .WINTERS . I 11 ·== DISTRICT 5 (cox),,,,,,,, •• HART ••••• , •• (AGEE)'' l ''',, ,MAURER ,,,,,,-- (S TANTON J ,'. 111 RILEY .111 1 I·== DISTRICT 6 (CRANK). II I I I •• HUTCHISON . I·-- (HART),. I I I I I •• PLUMMER . I I I I (R ILEY I •••••••• STANTON . 11. ·== DISTRICT 7 (SALTARELLI) I I . EDGAR . I I I I. I (BEYER). I I I'. I I SMITH . I I I I I.-- (HART),, I I I I I I .HEAT HER . I. I.-- (BRICKEN), I I ••• LUXEMBOURGER -- (W(EDER ). I' I. I. NESTANDE •• I .-- (AGRAN). I I I I.' I VARDOULIS ••• -- (GREEN),,. I I I •• WAHNER •• I.··== DISTR ICT 11 (MAC ALLISTER),BAILEY ,,,,,, (NESTANDE).' I' .WIEDER . 11 1 •• -- (MAC ALLISTER ), PATTINSON . I·== 2/10/83 TIME 5 :00 P.m.DISTRICTS 1 ~------------ JO INT BOARDS (N IELSEN ). I I II .ADLER. I •• I I I (MAC ALl.ISTER). BAILEY . I. I •• -- (N I ELSEN ) I I I I I I BROWN . I I I I I.-- (HICKS).,. I I I I ,COOPER . I' ••• -- (PERR Y). 111 I I •• CULVER . 1 1 1 I .-- (SH ARP ),,. I I I I .E DGAR . I I I I I.-- (EDWARDS ), I I I •• FINLAYSON . I.-- (SEIDEL). I I I. I .FRESE ••• I I I.-- (JARR El,.L). I ••• I GRIFFIN .····== (CR ANK ) •• I I I I I .HANSON .'' I I I (cox) I I ••• I I • I I HAR T I I I • I I •• -- (HART). I. I I I I I I HEATHER . I I I.-- (KU ZN I K) I I I I I I I HO L T I I I I I I I .-- (C RANK ) ••• I. 11 I HU TCH I SON ••• -- (ODLUM) I I I . I (I I KAWANAM I . I •• -- (VANDERSTAAY J , .LASZLO •• I I •• -- (BRICKEN), I I 11 .LUXEMBOURGER-- (FINLEY ), I I. I I .MANDIC •• I ••• -- (AG EE ),,,,,,,, ,MAURER,,,,,,-- (LACAYO ), I'.' •• MULL EN. I I I •• -- (C OOPER) •• I I I I .NELSON . I I I I.-- (W IEDER ),, 11 I 11 NESTANDE . I I.-- (MAC ALl,.IS TER).PATTINSON. I.-- (CU LVER ), I I I I I. PERRY . I I I I I.-- (HART). 1111 1 1. I PLUMMER •• I •• -- (M ARSHOT T). I I I .RELL •• ' I'. I.-- (S TANTON ) I I I I I I RILEY . I.' I •• -- (W EDEL ) •••••••• ROGET. •••••• -- (OV ERHOLT ), I ••• ROTH •• ' I. I I.-- (ED GAR ), •• I I I I .SALTARELLI •• -- (BE YER ),,,,, •• ,SMIT H,,,,,,,-- (RI LEY )' I I I I' I I STANTON .' I I.-- ( ZOMM I c K)' I I I I I s YL v I A I I I ' I .-- ( AGRAN), 'I I I I I ,VARDOULJS , I.-- (GR EEN ), 11 I I I •• WAHNER . I I 11 .-- (MU RP HY),,,,,, ,WEDAA ,,,,,, ,-- (ROG ET ),,,,,,, ,WEDEL .,'' I •• -- (NESTANDE ) •• I I .WI EDER . I I I I .-- (CA TLI N),, I 11' .W INTERS . I 11 ·== STAFF : OTHERS : HARPER ,,,,,, SYLV ESTER . I I LEWIS ,""" CLARKE ,,,,,, DAW ES I ' ' I ' I I ANDERSON I ' I I BUTLER .,,,,, BROWN .. I II II BAKER ,,,,,,, ATKINSON , I I I YOU NG . I I I I I I WOODRUFF I I I I HOHENER ••• I • HOWARD I I I ' I I HUN T I I I I I' I I KE I TH . I I I''. KNOPF ,,,,,,, LE BLANC. I I I LINDSTROM . I I LYNCH .. " I" MARTINSON •• I PEARCC: •• I I I I