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