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Home My WebLink About2007-05-23 ORANGE COUNTY SANITATION DISTRICT May 16, 2007 ,none: I714196 ,he..: NOTICE OF MEETING fee: 1714)962M56 inermccaa.ccm m.11ln,address: BOARD OF DIRECTORS Fountain Vale'CA ORANGE COUNTY SANITATION DISTRICT 92728-9127 K s addre..: 10844 @lie Avenue Fountain Vaiiay.cA WEDNESDAY, May 23, 2007 — 6:30 P.M. 92708-7018 Msets, Agencies DISTRICT'S ADMINISTRATIVE OFFICES 0 10844 Ellis Avenue Cities Fountain Valley, California 92708 Anaheim Brae Buena Park Cyprus. F°°ntam lips, Ful The Regular Meeting of the Board of Directors of the Orange County Sanitation w, care Groen Brach Huntington Beach District will be held at the above location, time and date. was Le Habra L.A Palma Ala ' I > Lw mitos Newport BeecM1 Orange Plaaenda Santa Ana ..Jerk oft Board Beal BeecM1 Stanton Tustin ✓ills Park )area Linda Special Steering Committee -Wednesday, May 30, 2007 at 4:30 p.m.@ County of orange Sacramento, CA Sanity" DistrictsOperations Committee -Wednesday,June 6, 2007 at 5:00 p.m. costa ones. GWRS Steering Committee -Monday,June 11,2007 at 5:30 p.m. @ OCWD Midway oCy Water Districts Administration Committee -Wednesday, June 13, 2007 at 5:00 p.m. IMn. Panch Steering Committee -Wednesday,June 27, 2007 at 5:30 p.m. Ta maintain world class leadership in wastewater and water resource management. a nm BOARD MEETING DATES *July 18, 2007 August 22, 2007 September 26, 2007 October 24, 2007 November 28, 2007 'December 19, 2007 January 23, 2008 February 27, 2008 March 26, 2008 April 23, 2008 May 28, 2008 June 25, 2008 'Meetings are being held on the third Wednesday of the month ROLL CALL BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT MEETING DATE & TIME: 05/23/07 (BEAMISH) ......................AMBER80*..... �L — (SHANKS) ........................ANTOS ........... ........� �L — (QUIRK) ...........................BANKHEAD................... �L �L — (CAVECCHE)....................DUMITRU ................... ce. a� — (KANG) .............................CHOI.......................... c✓ 1� — (AYER)..............................CRANDALL................... ✓ _/'— — (ROSEN)...........................DALTON....................... y ✓ (PALMER).........................DAVERT...................... — (OOTEN)...........................FERRYMAN................... av a/ — (REESE) ...........................FRESCHI .............. ..... i — (HANSEN) ........................GREEN ...................... kfllt,.l47— — (NARAIN)..........................LUEBBEN..................... ✓ ✓ (DOW)...............................MARSHALL.................. 9aais— — (REINHART).....................MILLER ......................... (GARCIA)..........................MOORE........................ ✓ ✓ (KRIPPNER).....................NEUGEBAUER.............. �/ ✓ — (NGUYEN)........................NORBY.... . ................ (DRISCOLL)......................PARKER .................. — (CADENA) ........................SHAWVER.................. � — (KRING)............................SIDHU.......................... a4 vv P94/e 903 �y8 4 /oi13r (BENAVIDES)...................TINAJERO.................... (AGUIRRE).......................UNDERHILL ................. — (RODRIGUEZ)..................WALDMAN.................... — (DAIGLE) .........................WEBB .......................... — (ANDERSON) ...................WINDER ...................... — STAFF: lw�k Arhontes Colson Ghirelli n ,ec Herberg ✓ 4 l Kovac / Kyle ✓ Ruth ✓ Torres / Tyner OTHERS: G Ho in ✓ 05/23/07 H:beplladmin185\DIRECTOR\Directors Roll Call.doc ROLL CALL BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT MEETING DATE & TIME: 05/23/07 !31 felsy ��0 (BEAMISH) ......................A'NDERSOW................. �✓ o�� — (SHANKS) ........................ANTOS ........................ — (QUIRK) ...........................BANKHEAD................... 7 — (CAVECCHE)....................DUMITRU ................... (KANG) .............................CHOI.......................... (AYER)..............................CRANDALL................... — (ROSEN)...........................DALTON....................... ✓ ✓ — (PALMER).........................DAVERT...................... — (OOTEN)...........................FERRYMAN.................... (REESE)...........................FRESCHI .............. ..... — (HANSEN) ........................GREEN ...................... (NARAIN)..........................LUEBBEN..................... Al �L — (DOW)...............................MARSHALL.................. — (REINHART).....................MILLER ......................... �� — (GARCIA)..........................MOORE........................ — (KRIPPNER).....................NEUGEBAUER.............. — (NGUYEN)........................NORBY (DRISCOLL)......................PARKEW................... . ni — (CADENA) ........................SHAWVER.................. (KRING)............................SIDHU.......................... i �/ ✓ (BENAVIDES)...................TINAJERO.................... �� ✓ — (AGUIRRE).......................UNDERHILL ................. y ✓ — (RODRIGUEZ)..................WALDMAN.................... i �L ✓ — (DAIGLE) .........................WEBB .......................... ' i — (ANDERSON)...................WINDER ...................... ✓ ✓ - STAFF: Arhontes Colson Ghirelli Herberg Kovac Kyle Ruth Torres Tyner OTHERS: Ho in 05/23/07 H:WepMd.in\aS\DIRECTOR\D!mo Roll Call.dm REQUEST TO ADDRESS THE BOARD OF DIRECTORS Fill persons wishing to address the Board on specific agenda items or matters of general interest should complete and submit this form to the Board Secretary prior to commencement of the Board meeting. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion. Remarks may be limited to three minutes or less. Any handouts (35 COPIES REQUIRED) must be given to the Board Secretary prior to the meeting for distribution. 'Pu 3L= C DATE: 23 M A —\ 2 AGENDA ITEM NO. CO Yrl Yy) FYsS NAME: (please print) 21-;� rnL 1 HOME ADDRESS: ISUI LO SH3U 2tj -5 1 (number/street) WH1 1 -Zr_2 gO�oy (city/zip code) TELEPHONE: (G�A) LW- 11 �3 REPRESENTING: SF_ LF/ LOCAI- Sc)) 3A2GRTNS'N � ON-ri (self/name of organization) SIGN-IN SHEET ORANGE COUNTY SANITATION DISTRICT S/cZ3 /O7 BOARD MEETING NAME ORGANIZATION/FIRM leaseprint) leaseprint) H.MP.DTANDMIMBS-ORMSISIGN-IN FORM.DOC j ORANGE COUNTY SANITATION DISTRICT r Date: May 17, 2007 p To The Chair and Board of Directors 171919fi2-24129t1 Orange County Sanitation District fax: [714I 962A SG From: James D. Ruth samneen^..m General Manager m.m,w add.: P0. Boa B127 Subject: Board Letter r ntcn Valley.CA 9272E-8127 .n..[add.: 1De99 ell'.Avanue May is Watershed Awareness Month F tan Valleµ C0k B2708�7018 We are celebrating our third Watershed Awareness Month. Watershed Awareness Month encourages Californians to learn about their local watersheds and participate Member in activities to enhance their natural surroundings and communities. More A ...has information on statewide events is available online at www.watershednetwork.orc. • The Sanitation District is featuring watershed articles on both our internal and cltl.. external Web sites. In addition, OCSD sponsored an educational booth at the 2-day Anans,r Children's Water Festival and will be conducting Sewer Science classes at Edison Bras High School in Huntington Beach later this month. Buena Perk Pountaln Valllley 2007 OCSD Municipal Services Review Summary anercan Gar,fan Gave The Orange County Local Agency Formation, Commission (OCLAFCO) recently l+snua"gton 6.ash submitted their preliminary draft of the municipal service review (MSR)and sphere of 1rvxe influence (SOI) review/update for the Orange County Sanitation District to staff for La Moore l.a Palm. review. The purpose of this report is to provide a comprehensive review of the Los/duexrmn municipal services provided by the Orange County Sanitation District and for nmwPw-t Baacn Orange OCLAFCO to comply with their requirements of the Cortese-Knox-Hertzberg Act of Racenua 2000. Sere Ann Sued Beech Stanton Based on its analysis of the Orange County Sanitation District's structure and service Ville Perk provisions, LAFCO staff came to the following conclusions: Moron L,nda . OCSD's infrastructure is sufficient to meet all current regulatory requirements. County of orange However, changes in regulations, increased population and deteriorating facilities require a significant investment in new and renovated capital sanitary D1.trltw facilities over the next 15 years. • OCSD's expenditures and capital improvement program are founded on long- costly lVaea range planning and analysis programs. The District is fiscally solvent and will Molux'y car remain so as long as the planned increases in regional user fees are Water Districts implemented on schedule. raanon • OCSD provides efficient and cost effective regional services. . OCSD's organizational structure appears to be sound and it operates with a high degree of transparency and accountability to the public. • OCSD currently owns and operates local sewers in a few areas; however, the District has expressed a desire to terminate provision of local sewer service. It may be more logical for sewer services to be provided to these areas by adjacent cities or nearby water or sanitary districts where applicable. To mama, ut"d less leadership,n wastewater and rvater resource menogement. Board of Directors Page 2 May 17, 2007 • There are areas within OCSD's regional sphere of influence where failures of existing on-site wastewater systems (septic systems)are occurring.These areas are in the County of Orange's unincorporated islands, and there is a need for local sewer connections. However, today there are no institutional mechanisms in place to provide for these services. • LAFCO Staff recommends that the Commission re-affirm the current Orange County Sanitation District sphere of influence. Overall, OCSD staff believes that this is a complementary and fair assessment of OCSD provided services. Staff concurs with the OCLAFCO assessment regarding the conversion of failed septic tanks in the County's unincorporated areas. This remains a serious issue facing the County of Orange. To address this issue, OCSD staff has requested that the OCLAFCO more firmly identify the County of Orange as the responsible agency to lead efforts to develop solutions in these areas. In particular, OCSD staff believes that the County of Orange should develop access and maintenance agreements with the adjacent cities and special districts to allow unincorporated residents access to public sewer services. EnerTech Holds Groundbreaking Ceremony for Rialto Biosolids Facility On May 14, 2007, EnerTech held a formal groundbreaking ceremony for its new facility. The EnerTech facility will convert 225 tons per day of OCSD's biosolids, along with 450 tons of biosolids from the Sanitation Districts of Los Angeles County and the cities of Riverside and San Bernardino, into renewable fuel. The renewable fuel will be used by a local cement kiln as an alternative to coal. The facility provides a sustainable biosolids management option with significant environmental benefits for all of the participating municipalities. Articles of Interest I have included additional articles that you might find interesting. If you would like more information on any of the above items, please call me. James D. Ruth General Manager JDR:gg X➢FPIyilIO,�1O,GMBO UIERVWN 'Wl WO 11R OOC Attachments National Water Research Institute May 2007 E-Newsletter Proceedings from NWRI's 2007 Fellowship Conference Now Available The Proceedings from the First Annual NWRI Graduate Fellowship Research Conference are available by download at www.nwri-usa.orc. The Graduate Fellowship Conference was held on Friday,April 13,2007, in Orange,California,to showcase the work of Ph.D.students at different universities in the U.S.who are researching topics related to water resources. Conference sponsors included the Joan Irvine Smith and Athalie R. Clarke Foundation, Boyle Engineering Corporation, Cargill, Inc., Carollo Engineers, CDM, Kennedy/Jenks Consultants, Malcolm Pirnie, Inc., and MW H. The 74-page conference Proceedings Include abstracts on the following topics: • Using nutrient criteria in determining water body impairment to best inform decision making. • Assessing the impact of urban drainage network patterns on flooding in small urban catchment areas. • Rapidly detecting infectious coliphage as indicators of fecal contamination of water. • Using solar ultraviolet light to change the DNA and infectivity of Cryptospondlum and Giardia. • Modeling simultaneous precipitation and flocculation in water treatment. • Modeling membrane performance in reverse osmosis. • Developing a treatment model for high Ionic waste streams. • Comparing ultraviolet processes used to treat endocrine disrupting compounds in drinking water. • Removing antimicrobial compounds be photochemical and biological oxidation processes. • Developing an analytic element method to efficiently simulate groundwater flow. • Assessing gravity and drawdown measurements to better estimate hydraulic conductivity and yield during unconfined aquifer testing. The Proceedings are available in color by complimentary download. Please visit www.nwri- usa.org to download or for more Information. 2007 Clarke Prize Lecture by James Barnard to Be Presented July 12 Environmental engineer James L. Barnard, Ph.D., P.E.,of Black&Veatch Corporation in Kansas City, Missouri,will be honored with the 2007 NWRI Athalie Richardson Irvine Clarke Prize for excellence in water research and technology on Thursday, July 12, 2007,at the Hilton Waterfront Beach Resort in Huntington Beach,California. For over 40 years, Barnard has researched and implemented better ways to conserve water resources and Improve wastewater treatment. His groundbreaking application of bacteria to remove both nitrogen and phosphorous from water revolutionized wastewater treatment processes,allowing treatment plants to employ Bernard's biological nutrient removal (BNR)as a more economic and environmentally friendly alternative to traditional chemical treatment. i The Lecture portion of the award will take place at 12:00 noon and include lunch,with Barnard speaking on the'Elimination of Eutrophication by Resource Recovery: A Pressing Need for the Twenty-First Century." If you are interested in attending the Lecture,please contact NWRI at (714)378-3278 or by by email. More information about the Clarke Prize may be found at www.nwri-usa.orclCla rkePrize. Space Still Open For OC Water Camp Summer Program Sign up now for OC Water Camp 2007, an interactive, week-long water summer education program open to students in Orange County,California,ages 12-15,who are interested in teaming more about our water resources and careers in water-related fields.This year,Water Camp will be held from 8 a.m.to 3 p.m.on June 25-29,2007, and again on July 16-20,2007. Students will have the opportunity to conduct real lab work,take field samples,tour state-of-the- art labs and treatment facilities,and talk one-on-one with professionals in water and wastewater- related fields. Agencies such as the University of California Cooperative Education Center, Orange County District Attorneys Office, Cities of Orange and Anaheim, CH21M Hill, Surfrider Foundation, and many others are volunteering their time to teach students about topics in water and wastewater, such as water recycling, landscape conservation,fertilizers and urban runoff, environmental crime, environmental advocacy, and various biologicallchemical contaminants in our water supplies. NWRI is sponsoring OC Water Camp in partnership with the County of Orange, Irvine Ranch Water District, Municipal Water District of Orange County,Orange County Sanitation District, and Orange County Water District.Applications are due by May 15. More information may be found at www.oC Watercamo.orll. Summer Internship Available at NWRI NWRI is looking for a part-time student intern interested in the areas of writing and administration. Expected tasks include research for articles, writing,word processing,fling and organizing, teaming and providing basic website maintenance, helping out with student summer activities, and other tasks, as needed. Students interested in interning with NWRI should expect to learn about water-and environment- related issues, including treatment technologies, public policy, and education. Students do not need a scientific background to apply. Please send a resume and cover letter to Tammy Russo. Resumes will be accepted until the position is filled. Upcoming Events UCPs a Annual 'California:Prosperity Through Technology'Industry Research Symposium The Henry Samuel! School of Engineering at the University of California, Irvine(UCI),will be holding its 6th Annual"California: Prosperity Through Technology' Industry Research Symposium to explore California's leadership in addressing the global connectivity and conflict between the quality of the environment and energy demands for electricity and transportation. The Symposium will be held from 8 am to 5 pm May 15-16,2007,at the Arnold and Mabel Beckman Center for the National Academies and UCI Campus. Topics include creating environmentally friendly technologies and policies;the effect of power generation, distribution, and utilization on the global environment;global energy and hydrology cycles; and advanced observation technologies for monitoring the hydrocilmatic processes of Earth. To register or for more information,please visit httw//www.enc.uci.edu/colt. AMTA 2007 Conference and Exposition "Why Gamble with your Future?Go Membranes["is the theme of the 2007 Conference and Exposition hosted by the American Membrane Technology Association. The conference will be held July 23-26, 2007, in Las Vegas,Nevada. Jeff Mosher of NWRI will moderate a pre-conference session on"Inland Concentrate Management,"which will be held on Monday,July 23,2007, and is sponsored by NW RL Other topics at the conference will include"Planning, Policy, and Regulations";"Membrane Filtration Experiences"; "Membrane Bioreactors";"Energy Recovery";and more. For further information, please visit www.amtaorc.com. South Central Membrane Association(SCMA) Training Events In Texas Registration Open for One-Day Membrane Training in Dallas Area and Et Paso "Introduction to Membrane Technology"is scheduled for June 12 in Sunnyvale (Dallas area)and Sept.20 in El Paso,Texas. Key topics Include: membrane types and uses; pretreatment; cleaning and sanitizing; troubleshooting;and more. Up to six TCEQ continuing education credits for water or wastewater operator training credits are pending. SCMA Annual Conference&Membership Meeting:San Antonio, Oct. 31-Nov. 2 SCMA's Annual Conference& Membership Meeting will be held at the Radisson Hill Country in San Antonio,Texas. Sessions will focus on optimizing membrane plants, data-based management, and improving efficiencies, among others, and training tracks for operators and engineers/managers will be included. Registration forms and further details on these training events are available at www.acmembrane.oro. National Water Research Institute 10500 Ellis Ave. Fountain Valley, CA 92708 714-378-3278 Fax 714-378-3375 www.nwri-usa.oro .r AGENDA BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT DISTRICT'S ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CA 92708 REGULAR MEETING May 23, 2007-6:30 P.M. 1. Invocation and Pledge of Allegiance (Garden Grove— Director Bill Dalton) 2. Roll Call 3. Consideration of motion to receive and file minute excerpts of member agencies relating to appointment of Directors, if any. 4. Appointment of Chair pro tem, if necessary 5. Public Comments 6. The Chair, General Manager and General Counsel present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. a. Report of Chair; consideration of Resolutions or recommendations, presentations and awards b. Report of General Manager C. Report of General Counsel 7. (a) Open nominations for Chair of the Board of Directors (Election to be held at the regular June Board Meeting); and, (b) Open nominations for Vice Chair of the Board of Directors (Election to be held at the regular June Board Meeting). 05/23/07 Page 2 B. Ratifying payment of claims of the District, by roll call vote, as follows: ALL DISTRICTS 04/15/07 04/30/07 Totals $19,590,322.13 $12,036,353.25 DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. CONSENT CALENDAR 9. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Order the minutes for the regular meeting held on April 25, 2007, to be filed and deemed approved, as mailed. b. (1)Award a Contract to Fleet Transportation Services for Grit and Screenings Removal, Specification No. S-2007-336, for the period commencing June 13, 2007 through June 12, 2008, for a total amount not to exceed $448,260, with an option to renew the contract for up to four one-year periods; and, (2) Approve a 25%contingency for change orders to said contract for the period June 13, 2007 through June 12, 2012 (one year contract plus four one-year renewal options), if said renewals are exercised ($112,065). C. Authorize the General Manager to execute an agreement with Irvine Ranch Water District to transfer 127 acres in the City of Orange from Revenue Area 14 to the Consolidated Revenue Area, in a form approved by General Counsel. END OF CONSENT CALENDAR d. Consideration of items deleted from Consent Calendar, if any. 05/23/07 Page 3 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 10. STEERING COMMITTEE Consent Calendar a. Order draft Steering Committee Minutes for the meeting held on April 25, 2007, to be filed. Non-Consent Calendar b. Consideration of items deleted from Consent Calendar, if any. 11. OPERATIONS COMMITTEE (Engineering. Operations& Maintenance. and Technical Services) Consent Calendar a. Order draft Operations Committee Minutes for the regular meeting held on May 2, 2007, to be filed. b. Approve Professional Services Agreements with Bush and Associates Inc.; Forked Engineering & Surveying, Inc.; and RBF Consulting, providing for on call surveying services supporting capital projects, Specification No. PSA-2007-001, for a three-year period for an amount not to exceed $800,000 for each agreement ($2,400,000 total). C. Approve Professional Services Agreements with Geomatrix Consultants, Inc.; Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and Smith-Emery Laboratories providing for on-call material testing services supporting capital improvement projects, Specification No. PSA-2007-002, for a three-year period for an amount not to exceed $800,000 for each agreement ($2,400,000 total). d. Approve Professional Services Agreements with Electrical Reliability Services and Hampton-Tedder Technical Services providing for on call electrical system testing services supporting capital improvement projects, Specification No. PSA-2007-003, for a three-year period for an amount not to exceed $400,000 for each agreement ($800,000 total). e. Approve Amendment No. 4 to the Professional Services Agreement with Ninyo& Moore Geotechnical and Environmental Services Consultants providing for additional services for Materials Testing and Geotechnical Engineering Services, Specification No. PSA-2003-175,for an additional amount of$50,000, increasing the total contract amount not to exceed $590,000. f. 1)Approve Amendment No. 3 to the Professional Services Agreement with Malcolm Pimie providing for construction support services for Primary Treatment Rehabilitation/Refurbishment, Job No. 132-80, for an additional amount of $2,468,510, increasing the total amount not to exceed $9,870,653; and, 2)Approve a 2.0%contingency for amendments to said agreement($197,400). 05/23/07 Page 4 g. 1)Approve Amendment No. 1 to the Professional Services Agreement with the Black 8 Veatch Corporation to provide construction support services for Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1-102, for an additional amount of$7,418,462, increasing the total amount not to exceed $25,314,925; and, 2)Approve a 1.07% contingency for amendments to said agreement($271,400). h. 1)Approve Amendment No. 6 to the Professional Services Agreement with Malcolm Pimie, Inc. for additional construction support services for Replacement of Ellis Avenue Pump Station, Job No. 1-10, providing for an additional amount of $561,630, increasing the total amount not to exceed $5,559,364; and, 2)Approve a 5% contingency for amendments to said agreement($278,589). i. 1)Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech providing for construction support services for Truck Wash and Dewatering Beds at Plant No. 1, Job No. 131-106, for$106,496, increasing the total amount not to exceed $359,372; and, 2)Approve a 4%contingency for amendments to said agreement($14,375). j. 1)Approve Change Order No. 1 to Purchase Order No. 102520 OB for the Purchase of Hydrogen Peroxide, Specification No. C-2006-277, issued to U.S. Peroxide, providing for a unit gallon price increase from $1.47 per unit gallon to $1.607 per unit gallon, plus tax for the contract period July 1, 2007 through June 30, 2008; and, 2)Authorize a 10%contingency for change orders to said purchase order. k. Ratify Change Order No. 2 to Purchase Order 102687-OA issued to NRG Engine Services, LLC, for Central Generation Engine Overhaul Project, Specification No. 5-2006-308, for additional work, authorizing an addition of$180,000, increasing the total purchase order amount to $759,034. I. 1)Approve a budget amendment for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,852,700, for a total budget of$24,339,815; 2)Approve Amendment No. 3 to the Professional Services Agreement with Brown and Caldwell, providing for construction support services for$577,687, increasing the total contract amount not to exceed $3,596,697; and, 3)Approve a 1.5% contingency for amendments to said agreement($54,000). M. 1)Approve an increase in the Construction Budget for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,314,500, increasing the total Project Budget to $25,654,315; 2)Approve plans and specifications for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, on file at the office of the Clerk of the Board; 05/23/07 Page 5 3)Approve Addendum Nos. 1, 2 and 3 to the plans and specifications; 4) Receive and file bid tabulation and recommendation; 5)Award a construction contract to Shimmick Construction for Plant No. 2 Primary Sludge Feed System, Job No. P2-91 and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, for a total amount not to exceed $36,764,000; 6)Approve an 8.75% contingency for change orders to said construction contract ($1,427,500)for Job No. P2-91; and, 7)Approve an 8.75% contingency for change orders to said construction contract ($1,789,300)for Job No. P2-80. n. 1)Approve Amendment No. 1 to the Sole Source Agreement with Southern California Edison for engineering services, fees, materials, and labor for 66kV Substation at Plant No. 1, Job No. P1-97, for an additional amount of$1,150,000, increasing the total contract amount not to exceed $7,202,000; 2)Approve a decrease to the Southern California Edison Monthly Added Facilities Charge of$440 for a total monthly amount of$15,292; and, 3) Approve a 5% contingency for amendments to said agreement($360,100). o. 1) Approve Amendment No. 7 to the Professional Services Agreement with Integrated Program Management(IPMC) Consultants, a joint venture of Parsons Water and Infrastructure Inc., and CH2MHILL, Inc., for Program Management Services for the Capital Improvement Program for an additional five year period through FY2011-12; and, 2)Approve an additional amount of$15,997,936 for FY2007-08, increasing the total contract amount not to exceed $76,089,975. P. Authorize sole source procurement required to maintain, service, or replace existing Original Equipment Manufacturer equipment in OCSD facilities that cannot be substituted due to functionality and integration with existing systems, or are available from only one source for manufacturers. The following equipment, parts and services from the listed Original Equipment Manufacturers (OEM)are pre-approved as sole source items: • AANDERA DATA INSTRUMENTS—Current meter • ALFA-LAVAL—Heat exchangers for digesters • AMERICANSIGMA—Liquid samplers • AM-LINER®PVC—Sewer lining • ASHBROOK(BELLMER/WINKLER)— Sludge belt filter presses • BASLER—Electrical protective relays and regulators • BIO-MERIEUX— Bacterial identification system • CALIFORNIA RECREATION COMPANY—Vessel Nerissa slip fees • CHESTERTON—Mechanical seals for process equipment 05/23/07 Page 6 • DEZURIK WATER CONTROLS— Process valves • EATON -Variable frequency drives for process pumps • ENTRONICS (ROLLS ROYCE)—Central Generation engine controls • GOULD/ITTNEOMANS— Process pumps • LECO—GC Time of Flight mass spectrometer • LIMITORQUE—Process valves • MARLOW—Process pumps • MOYNO— Process pumps • MUFFIN MONSTER—Sludge grinders • NATIONAL FILTER MEDIA/FILTER BELTS— Sludge belt filter press belts • PERKIN ELMER— ICP Mass Spectrometer • PUTZMEISTER— Sludge transfer pumps (truck loading plant 2) • ROBICON—Variable frequency drives for pumps • ROTORQUE—Valve actuators • SANCON 100 Epoxy/ Urethane—Coating system • SCHWING—Sludge transfer pumps (truck loading plant 1) • SEABIRD—Ocean Monitoring instrumentation • SKALAR— BOD robotics • SPARLINGINSTRUMENTS—Processflowmeters • TELEDYNE—RDinstrumentation • THERMO ELECTRON— ICP Atomic Emission Spectrometer and GC Mass Spectrometer • TURBLEX—Aeration blowers • VAUGHN — Process pumps • WATERS CORPORATION —Liquid chromatograph mass spectrometer The following additional proprietary providers are pre-approved: • Arc Wireless—Paging services • BEC—Building Electronics Control System • Bentley- Microstation CAD drawing program • Business Objects— Business Objects Software • ESRI —GIS Software • FileNet Corp. — Electronic Document Management System • First American Real Estate—Online Geographic— Realquest Report • IBM— Hardware Maintenance AS400 • IPI Gram Tech—Informatica Software • Labware— Laboratory Information Management System • Oracle /JD Edwards— Enterprise One Materials, Equipment and Services • Oracle—Oracle Database • Rand McNally -Thomas Brothers Maps • RBMWARE— Software and 2310 vibration analyzers • TMV Systems— SCADA Historian • Workforce—Time Entry 05/23/07 Page 7 Non-Consent Calendar q. Consideration of items deleted from Operations Committee Consent Calendar, if any. 12. ADMINISTRATION COMMITTEE (Finance. Human Resources. and Information Technology) Consent Calendar a. Order draft Administration Committee Minutes for the regular meeting held on May 9, 2007, to be filed. b. Adopt Resolution No. OCSD 07-08,Adopting the Updated Records Retention Schedule and Records Series Definitions,Authorizing Destruction of Obsolete Records, and Repealing Resolution No. OCSD 06-08. Non-Consent Calendar C. Consideration of items deleted from Administration Committee Consent Calendar, if any. 13. GWR SYSTEM STEERING COMMITTEE (GWRSSC) GWRSSC Consent Calendar a. Order Joint Groundwater Replenishment System Steering Committee Minutes for the meeting held on April 9, 2007, to be filed. b. (1)Approve Amendment No. 14 to the Professional Services Agreement with Camp Dresser& McKee Inc. for the Groundwater Replenishment System, Job No. J-36, providing for an annual cost-of-living adjustment and additional construction management support services for an additional amount of$630,708, increasing the total amount not to exceed $34,966,461 to be cost-shared equally with the Orange County Water District ($315,354); and, (2)Approve Amendment No. 8 to the Professional Services Agreement with Montgomery Watson Harza for the Groundwater Replenishment System, Job No. J-36, providing for an annual cost-of-living adjustment and additional construction management services for an additional amount of$1,248,503, increasing the total amount not to exceed $15,136,862 to be cost-shared equally with the Orange County Water District($624,251.50). GWRSSC Non-Consent Calendar C. Consideration of items deleted from GWRSSC Consent Calendar, if any. 05/23/07 Page 8 NON-CONSENT CALENDAR 14. Ordinance No. OCSD-31, An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations, and repealing Ordinance No. OCSD-W: a. Open meeting 1. Receive and file written comments, if any 2. Verbal reports of staff 3. Directors'questions 4. Public comments b. Close meeting C. Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-31 by title only and waive reading of said entire ordinance. 2. Motion to adopt Ordinance No. OCSD-31,An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations, and repealing Ordinance No. OCSD-01. (Must be approved by a 213 vote of the entire Board of Directors.) 15, Ordinance No. OCSD-32, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers, and Repealing Ordinance No. OCSD-30B: ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES, REVISED TABLE B RE PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS, REVISED TABLE C RE CAPITAL FACILITIES CAPACITY CHARGES, NEW TABLE D RE PLAN CHECK AND INSPECTION FEES, REVISED TABLE E RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE D), REVISED TABLE F RE ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES (FORMERLY TABLE E), REDESIGNATED TABLE G (FORMERLY TABLE F), REVISED TABLE H RE CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE (FORMERLY TABLE G). REVISED TABLE I RE WASTEHAULER CHARGES FOR USE (FORMERLY TABLE H), AND REAFFIRMING ALL OTHER CHARGES: a. Open meeting O5/23/07 Page 9 1. Receive and file written comments, if any 2. Verbal reports of staff 3. Directors' questions 4. Public comments b. Close meeting C. Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-32 by title only and waive reading of said entire ordinance. 2. Motion to adopt Ordinance No. OCSD-32, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges: Establishing Capital Facilities Capacity Charges: Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers, and Repealing Ordinance No. OCSD-30B. (Must be approved by a 213 vote of the entire Board of Directors.) 16. Ordinance No. OCSD-33, An Ordinance of the Board of Directors of Orange County Sanitation District, Adopting Fees, Revised Procedures and Policies Concerning Annexation of Properties to the District and Repealing Ordinance No. OCSD-29: a. Open meeting 1. Receive and file written comments, if any 2. Verbal reports of staff 3. Directors' questions 4. Public comments b. Close meeting C. Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-33 by title only and waive reading of said entire ordinance. 2. Motion to adopt Ordinance No. OCSD-33, An Ordinance of the Board of Directors of Orange County Sanitation District, Adopting Fees, Revised Procedures and Policies Concerning Annexation of Properties to the District and Repealing Ordinance No. OCSD-29. (Must be approved by a 213 vote of the entire Board of Directors.) 05/23/07 Page 10 17. Adopt Resolution No. OCSD 07-09, directing the County Tax Collector-Treasurer to include sanitary sewer service charges on the 2007-08 properly tax bill. 18. Closed Session CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects,the minutes will reflect all required disclosures of information. a. Convene in closed session, if necessary 1. Conference with designated representatives Jim Ruth, General Manager; Lorenzo Tyner, Director of Finance and Administrative Services; Jeff Reed, Human Resources and Employee Relations Manager; and Paul Loehr, Human Resources Supervisor, re Meet and Confer Update re contract negotiations for employees represented by 1). Orange County Employees Association; 2). International Union of Operating Engineers, Local 501, and 3). Supervisors, Professional Management Team (part of Peace Officers Council of California) (Government Code Section 54957(b)(1). 2. Confer with Legal Counsel re existing litigation (Subdivision (a) of Section 54956.9) Case:Travelers Casualty And Surety company, et al. v. OCSD, San Diego Superior Court, Case No. GIC873347, re Plant 2 Solids & Storage Truck Loading Facility, Job No. P2-60 b. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session 19. Other business and communications or supplemental agenda items, W any 20. Matters which a Director may wish to place on a future agenda for action and staff report. 21. Future Meeting Date:The next Board of Directors regular meeting is scheduled for June 27, 2007, at 6:30 p.m. 22. Adjournment 05/23/07 Page 11 Aaenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted in the main lobby of the District's Administrative offices not less than 72 hours prior to the meeting sate and fime above. All written materials relating to each agenda item are available for public inspection in the office of the Clerk of the Board. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion anNor action,it will be done in compliance with Section 54954.2(b)as an emergency hem or because there is a need to take immediate action,which need came to the attention of the Board subsequent to the posting of agenda,or as set forth on a supplemental agenda posted in the manner as above,not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Board of Directors on specific agenda hems or matters of general interest. As determined by the Chair, speakers may be defamed until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Board of Directors except as authorized by Section 54954.2(b). If you wish to speak,please complete a Speaker's Form(located at the table outside of the Board Room)and give it to the Cleric of the Board. Consent Calendar:All matters placed on the Consent Calendar are considered as not requinng discussion or further explanation and unless any particular item is requested to be removed from the Consent Calendar by a Director,staff member or member of the public in attendance,there will be no separate discussion of these items. All items on the Consent Calendar will be enacted by one action approving all motions,and rusting a unanimous ballot for resolutions included on the consent calendar. All items removed from the Consent Calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the Consent Calendar shall,upon recognition by the Chair, state their name,address and designate by number the item to be removed from the Consent Calendar. The Chair will determine if any items are to be deleted from the Consent Calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee or Board meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adioumment: This meeting may be adjoumed to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjoumment and Notice in accordance with Government Code Section 54955(posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations,please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. ....................._..._.___...__.................................._.........................................._.... .............. :NOTICE TO DIRECTORS:To place items on the agenda for the Regular Meeting of the Board of :Directors, items shall be submitted to the Clerk of the Board no later than the close of business 14 days ;preceding the Board meeting. The Clerk of the Board shall include on the agenda all items submitted by :Directors, the General Manager and General Counsel and all formal communications. ':General Manager James D. Ruth (714)593-7110 imthRocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 mhirelligDocsd.com 'Clerk of the Board Penny Kyle (714)593-7130 okvle(dtocsd.wm 'Director of Engineering Jim Herberg (714)593-7020 Iherbera(aload.com :Director of Fin.8 Admin Services Lorenzo Tyner (714)593-7550 INnerOcesd.wm Director of Operations 8 Nick Amontes (714)593-7210 narhontes4ocsd.com i Maintenance .Director of Technical Services Ed Tortes (714)593-7080 etorres(docsd.com 'General Counsel .Bred.Hogin (714�.564-2fi06_ bhoain(. slaw.com H:WepaagendalBwrd Agendast2007 Board Agendast052307 agencledoc d Orange County Sanitation District MINUTES BOARD MEETING April 25, 2007 S AN/rgT�Oy c o � TFcl/y H ENV�� ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes for Board Meeting 04/25/07 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on April 25, 2007 at 6:30 p.m., in the District's Administrative Offices. Following the Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X James M. Ferryman, Chair Bob Ooten X Doug Davert, Vice Chair Jim Palmer X Steve Anderson Tom Beamish X Charles Antos Gordon Shanks X Don Bankhead Sharon Quirk A Jon Dumitru Carolyn Caveoche X Steven Choi Sukhee Kang X Larry Crandall Gus Ayer X Bill Dalton Mark Rosen X Richard Frei Brad Reese X Cathy Green Don Hansen X Phil Luebben Prakash Narain A Patsy Marshal Jim Dow X Darryl Miller - Douglas Reinhart X Roy Moore Ron Garcia X Joy Neugebauer Al Krippner X Chris Norby Janet Nguyen X Ken Parker Catherine Driscoll X David Shawver David Cadena A Harry Sidhu Lucille Kring X Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Ralph Rodriguez Don Webb _ X Leslie Daigle X Jim Winder John Anderson STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Penny Kyle, Clerk of the Board; Nick Arhontes; Bob Ghirelli; Jim Herberg; Ed Torres; Lorenzo Tyner; Michael Gold; Rich Castillon; Juanita Skillman; Paula Zeller OTHERS PRESENT: Brad Hogin, General Counsel; Alternate Director Bob Ooten; Arlene Schafer, Brittany McDermott Minutes for Board Meeting 04/25/07 o Page 3 PUBLIC COMMENTS There were none REPORT OF THE CHAIR Chair Ferryman announced that the District received an award from the California Water Environment Association recognizing the District's support of the association's role in the education and training of California's wastewater professionals. He thanked Paula Zeller, Senior Plant Operator, for dedicating her time as president of the association, and thanked Director Mark Waldman who attended the awards ceremony. It was then noted that he and Director Steve Anderson would be attending the CASA Spring conference in Napa on May 2—5, along with several staff members. The Chair announced the following two activities regarding biosolids management: • EnerTach has scheduled a groundbreaking ceremony for 3:00 on May 14 in Rialto, followed by a reception and dinner at the Mission Inn in Riverside. Transportation will be provided from the District departing at 1:30 p.m., as well as return transportation. • Synagro South Kern Industrial Center composting facility "opening" ceremony will be held on May 16, from 10:30 a.m. to 1:30 p.m. in Kern County. Transportation will be provided from the District departing at 7:00 a.m. Invitations will be sent to Directors for both events. Directors were also requested to RSVP to Sonja Morgan at (714) 593-7122. Chair Ferryman then reviewed the committee meeting schedule for May. REPORT OF THE GENERAL MANAGER General Manager Jim Ruth provided a brief overview on his monthly status report that was included with the monthly agenda package. REPORT OF THE GENERAL COUNSEL General Counsel Brad Hogin advised that Kern County has filed a Petition for Peremptory Write of Mandate and Complaint for Declaratory Relief in connection with the Tule Ranch CEQA review, and he had nothing additional to report in connection with Agenda Item 8(d) at this time. RATIFICATION OF PAYMENT OF CLAIMS MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims set forth on exhibits "A" and "B", attached hereto and made a part of these minutes. Minutes for Board Meeting s 04/25/07 Page 4 ALL DISTRICTS 03/15/07 03/31/07 Totals $21.431,257.83 $11,783,500.97 Director Green abstained from discussion and voting on Warrant Nos. 88735, 88740, 88741 and 89414. Director Norby abstained from discussion and voting on Warrant Nos. 88978, 89068, 89156 and 89353. Director Shawver abstained from discussion and voting on Warrant Nos. 89052, 89059, 89354, 89394, and 89390. Abstentions were pursuant to California Government Code Section 84308. CONSENT CALENDAR 8. Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. MOVED, SECONDED AND DULY CARRIED: Order the minutes for the regular meeting held on March 28, 2007, to be filed and deemed approved, as mailed. Director Freschi abstained. b. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. OCSD07-06, Establishing Rules of Procedure for the Conduct of Business of the District, and Repealing Resolution No. OCSD07-03, providing for the Steering Committee to start at 5:30 p.m., and the monthly Board of Directors regular meeting to start at 6:30 p.m. C. MOVED, SECONDED AND DULY CARRIED: Approve a Hold Harmless Agreement with the City of Costa Mesa, in a form approved by General Counsel, to protect the City from design and construction liabilities associated with College Avenue Pump Station Rehabilitation, Project 7-17. d. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file Petition for Peremptory Writ of Mandate and Complaint for Declaratory Relief, County of Kern v. Orange County Sanitation District, Orange County Superior Court Case No. 07-CC0415, in connection with the Tule Ranch CEQA review; and, (2)Authorize General Counsel to appear and defend the interests of the Sanitation District. END OF CONSENT CALENDAR r , Minutes for Board Meeting 04/25/07 Page 5 COMMITTEE REPORTS AND RECOMMENDED ACTIONS 9. STEERING COMMITTEE Chair Ferryman reported that the General Manager provided a status report to the committee; Michael Gold provided an update on legislative activities, and the District's federal lobbyists provided an update via teleconference. Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order draft Steering Committee Minutes for the meeting held on March 28, 2007, to be filed. b. Item pulled to Non-Consent Calendar Nan-Consent Calendar C. Jim Ruth, General Manager, provided an overview of the numerous meetings held with the interested parties and explained the need to move forward with the project. MOVED, SECONDED AND DULY CARRIED: (1)Approve Santa Ana River Interceptor (SARI) Line Loan and Repayment Agreement No. D07-042 with the Orange County Flood Control District(OCFCD), providing for a no-interest loan until July 2016 of 60% of the successful bid amount for improvements to the SARI Line, for an amount not to exceed $60,000,000, in a form approved by General Counsel; and, (2)Authorize the release of$35,000,000 to OCFCD immediately after the award of the contract, and to allow the remaining balance to be released 12 months later 10. OPERATIONS COMMITTEE (Engineering. Operations & Maintenance. and Technical Services) Consent Calendar a. MOVED. SECONDED AND DULY CARRIED: Order draft Operations Committee Minutes for the regular meeting held on April 4, 2007, to be filed. b. MOVED. SECONDED AND DULY CARRIED: (1) Approve a budget increase for Rehabilitation of the 140 Street Pump Station, Contract No. 5-51, in the amount of$86,836 for a total project budget of$9,759,836; and, (2) Ratify Change Order No. 3 to Rehabilitation of thele Street Pump Station, Contract No. 5-51, and Rehabilitation of the"A" Street Pump Station, Contract No. 5-52, with Kiewit Pacific Company authorizing an addition of$178,181 and 0 calendar days, increasing the total contract amount to $12,273,404. Minutes for Board Meeting , 04/25/07 Page 6 C. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 5 to Ellis and Bushard Intersection, Contract No. I-2-4A, with Mike Bubalo Construction, Inc., authorizing an addition of$108,026, increasing the total contract amount to$11,231,081.70; and, (2)Approve a 1.65%contingency for change orders to said contract($184,660). d. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 1 to Rehabilitation of the Activated Sludge Plant at Plant No. 2, Job No. P2-74, with J F Shea, authorizing an addition of$233,803, which includes a $200,000 bonus for lowered power consumption, increasing the total contract amount to $10,121,784; and, (2)Approve an 8% contingency for change orders to said contract ($791,038). e. MOVED, SECONDED AND DULY CARRIED: (1) Ratify Change Order No. 3 for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc., authorizing an addition of$175,784, increasing the total contract amount to$32,554,405; and, (2)Approve a 7%contingency for change orders to said contract ($2,253,510). f. MOVED, SECONDED AND DULY CARRIED: (1)Approve Amendment No. 1 to the Professional Services Agreement with Black&Veatch Corporation for additional engineering services for Newport Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer, Contract No. 5.58, for an additional amount of$120,082, increasing the total contract amount not to exceed $1,138,989; (2) Approve a 4.0%contingency for amendments to said agreement ($45,560); and, (3)Authorize staff to commence negotiations with Black&Veatch Corporation for support services during the construction, commissioning, and closeout phases of Contract No. 5-58. g. MOVED, SECONDED AND DULY CARRIED: (1)Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech, Inc. providing for additional construction management services for Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, for an additional amount of$120,525, increasing the contract total amount not to exceed $2,651,811; and, (2)Approve a 12% contingency for amendments to said agreement($318,217). h. MOVED, SECONDED AND DULY CARRIED: (1)Approve Plans and Specifications for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1- 106; (2) Approve Addendum Nos. 1 and 2 to the plans and specifications; Minutes for Board Meeting 04/25/07 Page 7 (3) Receive and file bid tabulation and recommendation; (4) Award a construction contract to Adams Mallory Construction Co., Inc. for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106, for a total amount not to exceed $1,887,721; and, (5) Approve a 5.25% contingency for change orders to said contract ($99,100). i. MOVED, SECONDED AND DULY CARRIED: (1)Approve Amendment No. 1 to the Professional Services Agreement with Spec Services, Inc. providing for construction support services for the Gisler-Redhill Trunk Sewer Relocation, Phase 1, Contract No. 7-32-1, for an additional amount of$44,550 increasing the total amount not to exceed $147,141. (2)Approve an 8% contingency for amendments to said agreement($11,771). j. MOVED, SECONDED AND DULY CARRIED: Approve years two and three of a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Continued Operation of the Center for Demographic Research, for the period July 1, 2007 through June 30, 2009, for$118,670, for a total amount not to exceed $173,671. k. Item pulled to Non-Consent Calendar. Non-Consent Calendar I. Bob Ghirelli, Assistant General Manager, provided background on the streamlined delegation of authority that had occurred in late 2006, and this item would bring existing CIP contracts and agreements in line with contingencies to better manage the on-going work. The average contingency amount for the contracts is approximately 3.5%, which is below the program's target of less than 5%. MOVED, SECONDED AND DULY CARRIED: (1)Approve a 6.2% contingency for change orders ($725,262)for Rehabilitation of the 10 Street Pump Station, Contract No. 5-51,and Rehabilitation of the"A" Street Pump Station Contract No. 5-52; (2)Approve a 6.82% contingency for change orders($2,046,219)for Bushard Trunk Sewer Rehabilitation Contract No. 1-2-4; (3)Approve a 4.5% contingency for change orders($346,490)for Bushard Trunk Sewer Pipe Procurement, Contract No. 1-24P; (4)Approve a 7.5% contingency for change orders($2,342,445)for 66-Inch Ellis Avenue Trunk Sewer, Contract No. 1-10A; (5)Approve a 5% contingency for change orders($1,385,862)for Ellis Avenue Pump Station, Contract No. 1-10B; Minutes for Board Meeting 04125im Page 8 r (6)Approve a 30%contingency for change orders ($1,898,700)for Standby Power and Reliability Improvements, Contract No. J-33-1A; (7)Approve a 1.75% contingency for change orders ($782,872)for Effluent Pump Station Annex, Contract No. J-77; (8)Approve a 4%contingency for change orders($2,814,640)for Primary Clarifier Nos. 16-31 and Related Facilities, Contract No. 131-37; (9)Approve a 2.5% contingency for change orders ($4,807,402)for Headworks Improvements at Plant No. 2, Contract No. P2-66; (10)Approve a 2.75% contingency($4,941,117)for change orders for Trickling Filters at Plant No. 2 Contract No. P2-90; (11)Approve an 8% contingency($198,078)for amendments to the Professional Design Service Agreement for Replacement of the Rocky Point Pump Station, Job No. 5-50; (12)Approve a 2.8% contingency($59,575)for amendments to the Professional Design Service Agreement for Rehabilitation of the 140 Street Pump Station, for Job No. 5-51, and Rehabilitation of the"A" Street Pump Station Job No. 5-52; (13)Approve a 7% contingency ($38,905)for amendments to the Professional Design Service Agreement for Gisler-Red Hill Trunk Improvements, Job No. 7-37. (14)Approve a 1.5%contingency ($52,109)for amendments to the Professional Design Service Agreement(Boyle)for Bushard Trunk Sewer Rehabilitation, Job No. 1-24. (15)Approve a 1%contingency($33,599)for amendments to the Professional Design Service Agreement for Standby Power and Reliability Improvements, Job No. J-33-IA. (16)Approve an 8% contingency($25,708)for amendments to the Professional Design Service Agreement for Bushard Trunk Sewer Rehabilitation (Malcolm Pimie). Job No. 1-2-4; (17)Approve a 5% contingency($112,577)for amendments to the Professional Design Service Agreement for Cable Tray Improvements at Plant Nos. 1 and 2, Job No. J47; (18)Approve a 2% contingency ($123,285)for amendments to the Professional Design Service Agreement for Effluent Pump Station Annex,Job No. J-77; (19)Approve a 5%contingency($159,901)for amendments to the Professional Design Service Agreement for Air Quality Improvements, Job No. J-79; Minutes for Hoard Meeting 04/25/07 r Page 9 (20)Approve a 10% contingency($139,786)for amendments to the Professional Design Service Agreement for Central Generation Automation, Job No. J-79-1; (21)Approve a 1% contingency($78,017)for amendments to the Professional Design Service Agreement for Primary Clarifier Nos. 16-31 and Related Facilities, Job No. P1-37; (22)Approve a 3%contingency ($26,403)for amendments to the Professional Design Service Agreement for Headworks Rehabilitation/Refurbishment at Plant No. 1, Job No. P1-71; (23)Approve a 1.2% contingency($70,552)for amendments to the Professional Design Service Agreement for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82; (24)Approve a 5% contingency ($38,969)for amendments to the Professional Design Service Agreement for 66KV Substation at Plant No. 1, Job No. P1-97; (25)Approve a 10% contingency ($366,538)for amendments to the Professional Design Service Agreement for Sludge Digester Rehabilitation at Plant No. 1, Job No. Pt-100; (26)Approve a 10% contingency ($1,112,958) for amendments to the Professional Design Service Agreement for Sludge Dewatering and Odor Control at Plant No. 1, Job No. P1-101; (27)Approve a 2%contingency($533,802)for amendments to the Professional Design Service Agreement for Headworks Improvements at Plant No. 2, Job No. P2-66; and, (28)Approve a 4%contingency ($110,148)for amendments to the Professional Design Service Agreement for Rehabilitation of the Activated Sludge Plant at Plant No. 2, Job No. P2-74. 11. ADMINISTRATION COMMITTEE (Finance. Human Resources. and Information Technoloav) Consent Calendar a. MOVED, SECONDED AND DULY CARRIED: Order draft Administration Committee Minutes for the regular meeting held on April 11, 2007, to be filed. b. MOVED, SECONDED AND DULY CARRIED: (1)Adopt Resolution No. OCSD 07-07,Authorizing the Execution and Delivery by the District of an Installment Purchase Agreement, a Trust Agreement, an Escrow Agreement and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Refunding Certificates of Participation, Series 2007A, Authorizing the Execution and Delivery of such Certificates Evidencing Principal in an Aggregate Amount of Not to Exceed $315,000,000, Approving a Notice of Intention to Sell, Authorizing the Distribution of an Official Minutes for Board Meeting 04/25/07 Page 10 Notice Inviting Bids and an Official Statement in Connection with the Offering and Sale of Such Certificates and Authorizing the Execution of Necessary Documents and Certificates and Related Actions. Non-Consent Calendar C. No items were considered 12. GWR SYSTEM STEERING COMMITTEE(GWRSSC) GWRSSC Consent Calendar a. Director Steve Anderson provided a brief update on the Joint Groundwater Replenishment System Steering Committee meeting held on April 9, 2007. GWRSSC Non-Consent Calendar b. No items were considered. NON CONSENT CALENDAR 13. MOVED, SECONDED AND DULY CARRIED: (1) Receive and file Addendum No. 2 to the Final Subsequent Environmental Impact Report(SEIR)for the Secondary Treatment and Plant Improvement Project for project modifications, prepared by IPMC/CH2M Hill; (2)Approve plans and specifications for Secondary Activated Sludge Facility 2 at Plant No. 1, Job No. P1-102; (3)Approve Addendum Nos. 1 through 6 to the plans and specifications; (4) Receive and file bid tabulation and recommendation; (5)Award a contract to Kiewit Pacific Co. for Secondary Activated Sludge Facility 2 at Plant No. 1, Job No. P1-102, for a total amount not to exceed $202,904,000; and, (6)Approve a 2.75%contingency($5,600,000)for change orders to said contract. 14. MOVED, SECONDED AND DULY CARRIED: (a) Ratify use of General Manager's emergency purchasing authority, Resolution No. OCSD 07-04, authorizing the General Manager to issue Purchase Order No. 60138OS to Sancon Engineering, Inc., for Clariffer F Influent Pipe Emergency Repair, Job No. FE06-15, for a total amount not to exceed $124,800; and, (b)Approve a 40% contingency for change orders to said contract($50,000). Minutes for Board Meeting 04/25/07 Page 11 15. Ordinance No. OCSD-31,An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations, Ordinance No. OCSD-31, and repealing Ordinance No. OCSD-01: a. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Read Ordinance No. OCSD-31 by title only and waive reading of said entire ordinance. b. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Introduce Ordinance No. OCSD-31, and pass to second reading and public hearing on May 23, 2007. 16. Ordinance No. OCSD-32, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers, and Repealing Ordinance No. OCSD-30B: ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES, REVISED TABLE B RE PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS, REVISED TABLE C RE CAPITAL FACILITIES CAPACITY CHARGES, NEW TABLE D RE PLAN CHECK AND INSPECTION FEES, REVISED TABLE E RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE D) REVISED TABLE F RE ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES (FORMERLY TABLE E) REDESIGNATED TABLE G (FORMERLY TABLE F). REVISED TABLE H RE CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE(FORMERLY TABLE G), REVISED TABLE I RE WASTEHAULER CHARGES FOR USE(FORMERLY TABLE H). AND REAFFIRMING ALL OTHER CHARGES a. MOVED. SECONDED AND DULY CARRIED: Read Ordinance No. OCSD-32 by title only and waive reading of said entire ordinance. Director Luebben opposed. b. MOVED. SECONDED AND DULY CARRIED: Introduce Ordinance No. OCSD-32. and pass to second reading and public hearing on May 23, 2007. Director Luebben opposed. 17. Ordinance No OCSD-33, An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Fees, Revised Procedures and Policies Concerning Annexation of Properties to the District, and Repealing Ordinance No. OCSD-29: a. MOVED. SECONDED AND UNANIMOUSLY CARRIED: Read Ordinance No. OCSD-33 by title only and waive reading of said entire ordinance. b. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Introduce Ordinance No. OCSD-33, and pass to second reading and public hearing on May 23, 2007. 18. Chair Ferryman declared a recess of the Board of Directors of the Orange County Sanitation District at 7:10 p.m. Minutes for Board Meeting 04/25/07 Page 12 ORANGE COUNTY SANITATION DISTRICT FINANCING CORPORATION ROLL CALL A regular meeting of the board of Directors of the Orange County Sanitation District Financing Corporation (OCSDFC) was called to order on April 25, 2007 at 7:10 p.m., in the District's Administrative Offices. The roll was called, and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X James M. Ferryman, Chair Bob Oolen X Doug Davert, Vice Chair Jim Palmer X Steve Anderson Tom Beamish X Charles Antos Gordon Shanks X Don Bankhead Sharon Quirk A Jon Dumitru Carolyn Cavecche X Steven Choi Sukhee Kang X Larry Crandall Gus Ayer X Bill Dalton Mark Rosen X Richard Freschi Brad Reese X Cathy Green Don Hansen X Phil Luebben Prakash Narain A Patsy Marshall Jim Dow X Darryl Miller Douglas Reinhart X Roy Moore Ron Garcia X Joy Neugebauer All Krippner ` X Chris Norby Janet Nguyen X Ken Parker Catherine Driscoll X David Shawver David Cadena A Harry Sidhu Lucille Kring X Sal Tinajero tRalph d Benavides X Constance Underhill ph Aguirre X Mark Waldman Rodriguez Don Webb e Daigle X Jim Winder Anderson STAFF MEMBERS PRESENT: Jim Ruth, General Manager; Penny Kyle, Clerk of the Board; Nick Arhontes; Bob Ghirelli; Jim Herberg; Ed Torres; Lorenzo Tyner; Michael Gold; Rich Castillon; Juanita Skillman; Paula Zeller OTHERS PRESENT: Brad Hogin, General Counsel; Alternate Director Bob Ooten; Arlene Schafer; Brittany McDermott Minutes for Board Meeting 04/25/07 ° Page 13 b. MOVED, SECONDED AND DULY CARRIED: Order the Minutes for the meeting held on February 28, 2007, to be filed and deemed approved, as mailed. C. Lorenzo Tyner, Director of Finance, reported that the Financing Corporation would need to adopt the following resolution in order to proceed with Refunding Certificates of Participation, Series 2007A. d. MOVED, SECONDED AND DULY CARRIED: Adopt Resolution No. FG04, Authorizing the Execution and Delivery by the Corporation of an Installment Purchase Agreement and a Trust Agreement in connection with the execution and delivery of Orange County Sanitation District Refunding Certificates of Participation, Series 2007A; Authorizing the Execution and Delivery of such Certificates Evidencing Principal in an Aggregate Amount of Not to Exceed $315,000,000 and;Authorizing the Execution of Necessary Documents and Certificates and Related Actions. ADJOURNMENT: The Chair declared the meeting of the Orange County Sanitation District Financing Corporation adjourned at 7:11 p.m. RECONVENE IN REGULAR SESSION: The Board of Directors of the Orange County Sanitation District reconvened in regular session at 7:11 p.m. ADJOURNMENT: The Chair declared the meeting adjourned at 7:12 p.m. /1. Penny M. K Clerk of the Board Orange County Sanitation District Claims Pam From 03101107 to 03015MT Weeant No. Vendor Amount Description Accounts Payable-Warnnfe 88711 Voided Check 9 - - 88712 Basic Chemical Solulions.LL.C. 25,774.66 Sodium 9isulfite&Sodium Hydroxide 88713 Black&VeatM Corporation 170,103.93 Engineering Services-Is1.102&Pl-T6 88714 Brown&Cemwell 144528.06 Professional Services P1J7,P2.91&P2.90 88715 Camp Greaser&Mckee,Inc. 163.343.68 Engineering Sensual Pt-97 to J47 88716 Canllo Engineers 288.076.65 Professional Services P24 &P1-71 88717 CCG Systems,Inc. 5B XD00 Florist Maintenance SOBware 88718 Compressor Components of California 25,259.35 Repair&Main.Svn.-Valve&Rehab.,CfearfTest Gas Compressor CyBnders:Oil Coder,LSVS IgnOore 88719 Coryoren Image Maintenance.Inc. 33,750.00 Custodial Services Spat No.9899419 88720 Hewlett Polaroid Company, 93,654.88 (50)Personal Computers&(20)Notebook Computers 88721 Hill Brothers 28,012.07 Chemicals-Odor&Corrosion Control-NewpoR Trunklins 88722 Kemira Water Solutions 111,015.34 Fan.Chtonde 88723 Malcolm Plinio,Inc. 140,298.39 Professional Services 11-26,1.10&P2.90 88724 Me&ife Life Insurance Company 36,873.90 Group Life.Manager MO.Lite.Short&Long-Tenn Disabllily,&Oplbnal Term Lib Ins. 88725 Pioneer Americas,Inc. 202,766.96 Sodium HypoMlorlle 88726 Polydyne.Inc. 66,552.36 Cationic Polymer MO 3.11.92 88727 Science Applications International 88,632.63 Ocean Monitoring MO 6.8.94 88728 Southern California Edition 78,431.24 Power 88729 Summit Consulting International TS612.13 Legal Services 7416&741 68730 Tetra Tech,Inc. 27,950.57 Professional Services 7-37 88731 Tute RancMMagan Farms 242,520.07 Rositluefe Removal M0 3.29.95 88732 US Peroable,L.LC. 144,402.68 Odor&Corrosion Control Treatment for Coll.Sys.:Hydrogen Peroxide&Famous Chtodtle 88733 Wootlrurt Spndlin&Smelt 20.933.10 Legal Services MO 7-26.95 88734 Helix Efealc,Inc. 113,004.90 Commotion SP41 88T35 J F Shea Construaon,Inc. 482.897.35 Construction J-TT 8BT36 J R Filenc Construction 1.104.931.68 Construction P142 88737 Margate Construction,Inc. 242.764.00 Construction P7-37 88738 Mike Bubalo Construction Co.,Inc. 149.384.80 Construction I-24A 88739 Union Bank of Arced®Eacr. 705,493.16 Construction P24i6,Retention 98740 J F Shea Construction,Inc. 6.348.438.49 Consouc8on P246 08741 J F Side Construction,Inc. 813.500.19 Construction P2-74 68742 ARS,Inc. 5,132,000.00 Construction 7J6&741-Settlement Agreement 8B743 Anteroom Telephone&Telegraph Corp. 204.18 Long Distance Telephone Service 88744 Arent Construction.Inc (Ark Construct.) 17,G20.00 Maintenance Services-Cleaning d Plant 2 Tunnels 88745 ASS Automation.Inc, 881.41 Repair&Maintenance Service-Flow Meter 80746 Able Scale Repair 790.00 Loading Scales Ouarlerp Inspection&Certification for Pits.1&2 88747 Absolute Standards,Inc 65.00 Lab Pars S Supplies 88748 Accounting Options,Inc. L991.25 Temporary Employment Services 88749 ACCU Sludge 700.39 Lab Pars&Supplies 88750 AccuStendrom 99.30 Lab Pegs&Supplies 88751 Advance Business Graphics 1,623.44 Printing Secncef-010 Envelopes wlRelum Address 8 Logo 88752 Against Solutions,Inc. 18,236.00 Professional Services-I.T.Operational Assessment 88753 Airgas Sefety.Inc. 3.239.41 Sally Supplies 88754 Allied Elactronio,Inc. 3,316.68 Electrical Pars&Supplies 98755 American Machinery&Blade,Inc. 336.52 PunU&Die Set&Mechanical Pens 887% Amtedl Elevator Serdces 1.400.00 Monelly Elevator Maintenance at Pits. 1& N tlepNtTF%LEL.pleV2dPSHLRENCbIms Peg RppvNCailCWme Ped Rapid-03d5LI o, EKHIBIT A tort". Pagel.110 w12Q007 ClaBns Paid From 03MI107 to 03115107 Wanunt No. Vendor Amount Description 88757 Anaysb,Inc. 761.47 Oil Test Kit&Analyses 88758 Apsk Batteries 82.09 Battery Packs 88759 Applied Industrial Technology 197.0 Mechanical Pane&Supplies 88760 AT&T Celgamlar i 1&4.47 Telephone Service 88761 Battery Specialties 410.07 Batteries 88762 Bell Pipe&Supply Co. 0.16 Mechanical Pens&Supplies 88763 Serendsen Fluid Pperer 704.65 Mechanical Pads&Supplies 887U Black Box Corporation 298.18 Communications Pads&Supplies 88765 Boyle Engineering Corporation 479.49 Professional Smvices 1.24 88766 Burro FON 20.002.71 (1)Ford Fusion SE 4-Dow Seder 88767 Bush&Associates,Inc, 4,048.00 Professional Services P1.82&P266 88768 Cal Glass,Inc 314.27 Lab EOuiWent Service 88769 California Relocation Servieea,Inc. 460.00 Office Files MovirglRebeadon Services 88770 Cambridge Isdppe Labe 2,843.31 Lab Pans&Supplies 88771 Cameron Compression Systems 7.319.17 Mechanical Pads&Supplies 88772 CCS 405.00 Training Registration 88773 CHMIA 50.00 Tuning Registration(Calif.Hazardous Materials Investigators Assoc.) 88774 Cingular Wreless Alriime 3,476.00 Wreless Services 05775 Ciyof Tuslin 2,085.30 Water Use 88776 CMAA 90.00 Training Registration $8777 CSI Computational Systems 2AS0.00 Training Registration 88778 Consolidated Elecrical Distributors,Inc. 523.08 Electrical Parts&Supplies 88779 Consumers Pipe&Supply Co. 150.42 Plumbing Pads&Supplies 88780 Corporate Express 1,435.28 Din.Suppliera 88781 Confect,Engineering 8,838.82 Pump&Pump Supplies 88782 County of Ventwa 18,095.00 Membership-Geller Grp.Santos,(2)Advlecr Level&(1)Reference Level 88783 County Wholesale Electric Co. 366.40 Electrical Pane&Supplies 88784 CWSA Annual Conference 1,825.00 Training Rege stion(California Water Envimmment Association) 88785 DAE Instrument; 319.63 Electrical Pans&Supplies 88786 Dapper Toe Co. 2,718.63 Trull Time 88787 David's Tree Service 450.00 Tree Mainl.Service 88788 Oeen Pumps&Parts,Inc. 338.23 Pump Paris&Supplies 88789 De ibe Technical Products 20,211.25 Repair&Maintenance Services-fib"&8C Pipeline Repairs at Pit.1 88790 Dionex Corporation 795.71 Lab Pans&Supplies 88791 Dunn Edwards Corporation 258.86 Paint Supplies 88792 E.Sam Jones DlstnbNors.Inc. 754.79 Electrical Pans&Supplies 88793 Electra Bond,Inc. 4,859.53 Repair&Maintenance Services-Sandblast&Coal Cooper Compressor After-CoolerMfePCooler 887N Electrical Reliability Services 7.660.00 Professional Services-Eledircal Reliability Testing for Capital Projects 88795 Electronic Specialties 209.80 Electrical Pens&Supplies 88796 EMEDCO 346.91 Set*Supplies 88797 Emergency Management NeMnrk,Inc. 4,950.00 Orbits Fire Extinguisher Training 88798 Employers Group 1,400.00 Training Registration 88799 Enchanter,Inc. 1,925.00 Ocean Monitoring&Oulfall Inspection&Maintenance 88800 ENS Resources,Inc. 10,000.00 Professional Services-Legisbdve Advocefe 8WD1 Envimnmenbl Compliance Inspection Svoe. 1,560.00 Prplessional Servloes-Fats.Oil Brews(FOG Program)Inspections U802 EmAnanmsnlel Resource Center 1,855.76 Professional Services-Hazardous Materials Assesament 88803 ERua-Chlor 2.598.74 Hydrochloric Acid n vHmbamsxCUditA29nM+SHARErcWMa Pas RAGIV00 ieim.POW Report-034"1,4a EXHIBITA h,QA0 p Page 2 010 411=07 Claims Paid From 0N01MI to 03/15107 Warrant No. V.rd., Amount Description 68804 Ewing Irrigation Industrial 1,650.11 Landscape Irrigation Parl.&Supplies $8805 Express Lem Lab 2,570.95 Safety Glasses 88805 FEDM Corporation 141.00 Freight Semmes 88807 FileNet Cormallitin 24,961.18 Annual Maintenance-Elect Document Management System 88808 Fine American Real Estate Sulu kern 450.00 On-Line Orange County Property Information 88009 Fisher Scientific Company,L.L.C. 10,M4.27 Lob Parts&Supplies 88910 Foreseer Communlations 296.00 Training Registration 88811 Folkert Engineering&Sun ryirg,Inc. 8,430A0 Surveying Services-Various Capital Projects 1.10,P1-82,5-52 81.24 88812 Fountain Valley Palms,Inc. 105.70 Paint Supplies 88813 Fountain Valley Rancho Hand Wash 1.029.00 Velec a Washing&Waxing Services 88814 Franklin Covey 67.77 Office,Supplies 88815 Frye Electronics 205.70 Computer Supplies 88816 FTl,ins. 1,194.12 Rowim Forms-Accounts Payable Check Stock 88817 GarraB Crustal Company 38.02 Lab Parts&Supplies 86818 GBC(General Binding Corp) 35.56 Office Supplies 88819 George T.Hell 582.34 Actuator 88820 Golden Stete Water Company 144.82 Water Use 88821 GOMemvestWndow Service 880.00 Groundskesping Services 88822 Grainger,Inc. 469.58 Mechanical Pala&Supplies 88823 Greyber Electric Company 12.328.23 Electrical Repair&Maintenance Services 88824 Great Western Sanitary Supplies 10.96 Janitorial Supplies BM25 Grammes,mes,Inc. 7,80.0 Intl..[Paris&Supplies 88826 Hach rle switch Industries 1B13.71 Lob Parts&Supplies 88827 Hagemeyer Norm America 75.23 Prescription Safety Glasses 88828 Harbour Engineering Group 16,705.53 Winkle Press and lmpeBm Pump Pans 88029 Harold Primrose Ica 70.00 Ica For Samples 8803D Harrington Industrial Plastics,Ina. 169.61 Mechanical Pans&Supplies 88831 Heat Technology Products 6,815.12 Mechanical Pans&Supplies 88832 Home Depot 427.57 Mi .Repair&Maintinenra Material 88833 City m Huntington Beach M.50 Wateruse 88834 IESNA Publications 170.00 Membenhfp 88835 Industrial Distribution Group 4,921.04 McMM1aI&Paint Parts&Supplies,Locks&Small Tools 881136 Industrial Threaded Products,Ix. T7.85 havoth ry F.stemn 88837 Insight lnveshmnts 1.000.00 Professional Semmes-Somem.Installation 88838 Insurance Services Of6a,Inc 525.0D Books&Publications 88839 lantern Pam&Servces 254.37 Mechanical Parts If Supplies 88840 J L Winged Company 1,939.45 Pump 88841 John Whey&Sons,Inc. 471.04 Bolles&Publications 88842 Johnstone Supply 242.90 Electrical Pam&Supplies 88843 Ken Advena Materiels,Inc 19.592.80 Profesateml Bonn.P260 80844 Klorce,Inc. 1,716.00 Temporary Employment Somas 88US KlelnfeMer,Inc 2,625.81 Soils,Concrete&Other Materials Tasting, 88846 Lab Safety Supply,In . 363.81 Lab Pam&Supplies 88847 Lobwero,Inc 1.650.00 Training Rations xn 88US Lasmmm 2,992.78 Computer SolkwareMardware 88849 Lintel Daurtnst Foram,Inc. 110.68 Meeting Expenso 88650 Lustre-Cal 747.50 OCSD Wasteheuler Truck Deal. HM ft CEL.dW AP8X RMWI.Pan ROlerni00Klalme Paul Repml-03-18a7,e1. EXHISITA anA210'R Page 3 of 10 e12npp7 Claims Paid From 03101m7 to 0115107 Warrant No. Vendor Amount Description 88851 Lytle Screen Printing 564.61 Prinmig Services-OCSD Shield(Ocean Germ) 88852 M.J.Schiff and Associates,Inc. 13.423.50 Temporary Employment Services $8853 Matheson Tel Gas,Irs, 970.67 Led,Equipment Repairs&Calrbration Services 88854 MWuntrin Corporation 13.565.73 Actuator 88855 McMaster Cart Supply Co. 2942.10 MechanlCN Parts&Supplies 8BS56 Mission Uniform Service 135.74 Uniform ReMaf 88857 Morro,Inc 9,494.93 Progressive Cavity Pump 88858 NATEC International.Inc. 395.00 Training Registration 88859 National Plant Services,Inc. 4.800.00 Cleaning&Pumping Services-(3)Polymer Tanks at Dewatering Bldg. 88860 Neel Supply Co. 145.25 Plumbing Supplies 88851 Neutron Products.Inc 2.903.82 Anionic Polymer 88862 New Horder s.C.I-C.of Santa An 160.00 Training Registration 88863 Nugrs Plumbing 213.88 Plumbing Paris&Supplies 88864 Nfyo&Moore Conporete ACcuundng 9.459.OD Professional Services P24I6 8BO65 Open.Sales,Ix 1,881.51 Mechanical Pens&Supplies 88866 OCB Reprographics 189.06 Printing Service-MO 1Q&DO 88867 Office Depot Business Services Division 1,348.25 Office Supplies 88858 Granduncle Dis i butom,Inc. 13.631.74 Electrical Paris&Supplies 88869 Orange County Peat Control,Inc. 139.00 Pest Control 88870 Orange Fluid System Technologies.Inc. TM.27 Plumbing Pans&Supplies 88671 ORCO ConMructlon Supply 171.14 Marking Paint 88872 Oxygen Service Company 2,770.82 Specialty Gases&Lab Pens&Supplies 86873 Pacific Mechanical Supply 1.619.13 Plumbing Supplies M74 PCG Indusfes 5,750.00 Repair&Maintenance Services-Shaft M75 Peetless Wiping Materials Co. 588.32 Janilonal Supplies W876 Platinum Advisors 5,000.00 Legislative Advocacy Efforts&Par icipatipn in Legislative Afford Committee Meefings 88877 Preelection,Inc. 4,928.07 Pump Oil Filters 88878 Phomic Inc. 352.97 Lab Pans&Supplies 88879 Printeguy 2,663.21 Printer Maintenance 86880 Procere Work Injury Curter 625.00 Medical Seeenings 88881 Project Management Institute 154.00 Membership 98882 Pruderfiel Overall Supply 4.729.39 Unibnms&Related Articles 88883 Pumping Solutions.Inc 540.W Pumps 888M Pyramid Fence Company,In, 2,046.00 Fencing Raiders-Along East Parameter Road 88885 RBF Consulting 7,566.41 Engineering Services 7.37 88886 Reliastar 8,479.71 Employed Voluntary Ufe,Cancer&Supplemental Shin-Term Disability Insurance 88887 R.F.MacDonald Co 1,090.00 Repair&MaintenanceServices-Cleaver Brooks Boiler at PIL2 888BS RMS Engineering&Design,Inc. 2,707.50 Engineering Services-Confined Space Entry Inspectors 88889 RPMBWHcMobm 5.113.59 Motor Repairs B8890 RTM Lighting&Electronics,Inc. 673.75 Electrcal Pants&Supplies 88891 SCAP 110.00 Meeting Registration-Div.610(Env.Compliance Services) 88892 Schwing Biosat 102.69 Mechanical Paris&Supplies 88893 Scoftel Voice&Data,Inc. 2,284.79 Telephone System Maintenance 888M Self Insurance Plans 4,739.50 State WekeW Ceremonialism User Funding,Frautl,Annual Lirecea Fee Assessment 88895 Seton Name Plate 126.67 Lab Pants&Supplies-Tags 86896 SGS Tesimm.Inc. 14.51 Telephone Line-District Vehicle SMOG Station 88897 Shamrock Supply Co.,Inc 877.56 CleanerlDegreaser&Small Tools X1dvpNME%CE1-EneR3 KHARMdms PBI4 Report mOTCloM Paid Ripen.03-0547.de EXHIBITA aN110ap Page 4 of 10 M12=7 Claims Paid Prom 03AIM he 03115NT Wanurt No. Vendor Amount Description 88898 SKC West Inc. 640.41 Lab Parts&Supplies 88899 Smarden Supply Company 188.24 Mechanical Paris&Supplies 88900 Smith Pinery Company y9 M Sous,Concrete&Other Materials Testing 89901 Sms,On Took,Inc. 1,634.76 Tools 88902 Southern California Trans Service 4,313.B7 Elahical Paris&Supplies 88903 Smarla d!Emelope Compery,Inc. 723.01 Payml Emelopes B89N Spamleds 2.361.38 Doi WderCooler Rentals 88905 Spec Services,Inc 456.69 Engineering Services J-33-1 88906 Spectrum Labmatay Products,Inc. 983.63 Lid,Parts&Suppfcs 8B907 Summit Steel 1.200.34 Metal 88908 Sunset Intlusbrel Pans 285.28 Meohanical Paris&Supplies 889M SWRCBAccounting Ofice 308.00 Annual Fee-Storm Water Permit T<t 88910 Teledyne RD Instruments.Inc 2.433.36 Baltay Pecks 88911 Terremb,Intematipng 1.224.00 Pest Comrol 88912 The Orange County Register 3,152.27 Notices&Ads 88913 The Walking Man,Inc. 525.00 Printing and Distribution for Various Construction Protects 88914 Thompson Industrial Supply,Inc. 11.9111 Motors 88915 Thompson Publishing Group 787.00 PUMicaepn 88916 Tortes Community Naas 31.25 Notices It Ads 88917 Toes Mahouse 1,939.50 Time 88918 Todd Painting,Inc. 2,988.00 Painting Semces 88919 Truck&Auto Supply.Inc 112.79 Ausomome Parts&Supplies 88920 U.S.Geological Survey 56.10 ProkeszonalS s-DepiWy lof Current MMemoBHmNnglon Beactlkom7MWilm 88921 Use Scientific 294.09 Lab Pans&Supplies 889M The Urdsource Corporation 273.00 Office Supplies 88923 United Pacific Servces.Inc. 2,850.e0 Lantlscape Maintenance at Plants l&2 88924 United Fiscal Service 17.00 Parcel Services 88925 UNNAR USA 1,395.37 Chicane 88926 US Aircenditioning Commodore,Inc. 440.55 Motor 88927 Volpe,Inc 5,588.00 Instrument Pans&Supplies 88928 Venison California 1,489.97 Telephone Services 88929 Verson Wireless 3MAS Wfelees Telephone Services 8893D Vannes Retailing 970.00 Service Contract-Testing&Cent BBatlbvl Devices a1 Plus.1&2&Pump Sts. 88931 Village Nursenes 9.48 tandsaping Supplies 88932 Vizor Service Ran CA 9A91.24 Vision Service Premium 88933 Vpcam USA LLC. 413.19 Sai DVD's Ofice Manual 889N Vortex Corp. 1.736.50 Door Repairs-Various $8935 WAR Sdentific Produce 5.737.91 Lab Paris&Supplies 889W Waters Corporation 218.65 Lab Parts&Supplies; 88937 Wexie Sanitary Supply 642.40 Janitorial Supplies 88938 West Like Supply Company,Inc. 675.W Electrical Parts&Supplies 88939 Wastes Svddius&Controls,Inc 2.829.52 Classical Parts&Supplies 811940 XEROX Corporation T05A9 StaBmery&Office Supplies 80941 YalmiChase Makenals Handling,Inc 1,862.20 Electric Can Parts BBW2 California Business Bank 16.595.32 Construction I-2-4A,Retention 88943 Matt Atlams 717.41 Meedngrfmining Expense Reimbursement 88944 Emilio Anston 61.00 Meetirglfreirtirg Expense Reimbursement H idapfae4RxeELdla 20WPSRARaW6lma Pao Fina,Fappncisms Pala Repoli 031s 7de EXHIBITA nmaroa Page S of 10 atvmm Claims Paid From 03/U1I117 to 93It6ro7 Warrant No. Vendor Amount Description a8945 James E.Colston 223.80 Meeting?riinbg Expense Reimbursement 88945 Steven R.DeWtoe 1411.36 Meetingfrrainmg Expense Reimbursement 88947 Mille.W.Heath 409.86 Meetingfrraining Expense Reimbursement 88948 Andrei ben 661 MaetingRreining Expense Reimbursement 88949 Jaffrey L.Key 51.00 MeetiigRraining Expense Reimbursement 88950 Jim H.Kim 502.90 MeetinglTraming Expense Reimbursement 88951 RaMal 10emphan 980.96 McelinglTraining Expense Reimbursement 88952 Subash Mysore 43.57 MeetinglTraining Expense Reimbursement BB953 Roy Paniro 61.00 Meeting/Training Expense Reimbursement 809M Rita Riccardo 565.74 Meetingfromning Expense Reimbursement 889M Geage Rivera 1.086.41 Mseting/Training Expense Reimbursement 9B956 James Spears,Jr. 21.40 MeeOngRraining Expense Reimbursement 88957 Edward M.Tomes 375A0 Meelingri mining Expanse Reimbursement 88958 Paula A.Zeller 581.15 Maetingilmining Expense Reimbursement 8809 Italian Bank of California 12,558.10 Construcdon SP-81,Remotion 88980 Sfeve Anderson 1,256.24 Mealing(Training Expense Reimbursement 98961 Catifemia Dept.of Hill Services 452.00 Amendment Fee-Lab Accreditation Program 88962 CWEA Annual Conference 1D0.00 Meeting Registration-Glidden 820(California Water Environment Association) BB953 EntertainmeN Publications.Inc. 26.00 Reimbursed Employee Activities MU Orange County Sanitation District 8,990.90 Workers Comp.Reimb. 88965 Charge County Sanitation District 920.98 Petty Cash Reimb. 889% American Express 29,784.80 Purchasing Card Program,Mist.Supplies&Services 88967 Department of Transportation 31.101 Caltrans Overlay Project-Pi Coast Hwy. 88968 Du Pont 59,670.00 Painting Maim Services MO k22-98 68969 ESRI,1 . 26.026.40 Entities.Main.-Ardnto.AroGIS,AncEdimq AmView,ArcSde,Arci Amlms&Esd 88970 Orange County Water District 101,067.48 GAP Water 88971 So Cal Gas Company 26.565.69 Natural Gas 88972 Synapro West,Ina 215,939.91 Residuals Removal MO 3.29-95 88973 Weston Solubore,Inc 32,300.00 Outside Labored Services-Cote Ocean Monitoring Program 88974 Accounting Options,Inc. 3,127.00 Temporary Employment Services 88975 Accurate Measurement Systems 10&56 SaBery Packs 88976 ACE Ergcnomice 7501 Professional Services-Ergonomic Wididustion Evaluations 88977 Angus Safety.Inc. 111i Safety Supplies 88978 AKM Consulting Engineers 18,225.00 Professional Services-Part-Tone Dig Alen Technician 88979 AppleOne Empoyment Service g,032.95 Temporary Employment Services, 88980 Aquatic Bioassay and Consulting Labs,Inc. 7N.00 Whole Effluent Toxicity Testing 88981 Arch Wireless Operating Company,Inc. 1.11M.71 Wreless Services 889U AT&T Universal Biller 2,420.12 Telephone Service 889M AT&TCardomiai 23.21 Telephone Service 889M American Telephone&Telegraph Corp. 47.34 Telephone Service 88985 BioMerieux Must,Inc. 581.87 Lab Paris&Supplies 889H Bush&Associates,Inc. 4,884.00 Topographical Surveying-Maintenance Protect in City of Newport Beach 08987 Cal Glass,Inc. 216.04 Lab Equipment Service 88988 California Dept of Child Support 1.240.12 Wage Garnishment 88989 California Relocation Services,Inc. 140.00 Office Files MowngRtelocetion Services 88990 CALPELRA 540.00 Membership 88991 Martin Boyer Co.,Inc W Cambridge Integrated 2.875.00 Professional Services-Workers'Compensation Claims H WePNrdeixCELdm22sAPWRHCIaims Palo naNrMOOMided,Paid Reyn-n]dSLi.vb EXHIBIT A dm+ac Page 6 of 10 at2rzwi Claims Paid From 03/01107 to 03115107 Warrant No. Vendor Amount Description 88992 Camemn Welding Supply WAD Welding Pads&Supplies 88993 Canals Corporetlon 3113 Electrical Supplies 80994 CAPPO,Inc. MAD Maturing Registration 88995 Cardlock Fuel Systems,Im. 15.9W2.64 Fuel Card Program-Dikencl Vehicles&Monitoring Vessel 88996 CMAA 60.00 Treating Registration(Construction Management Me=.of America) 88997 Columbia Analytical Services,Inc 1,446.00 Analysis of Wastewater.Industrial Wastewater&Siosolks 88998 Compressor Components of Cabfomia 124800 Repair&Maintenance Services-(32)Code LSVB Ignition 88999 Conepawe P.M&Svnmr Cc 1 038 11 Plumbing Pans&supplies 89000 DermPme bp•Pes 9.0)1 O^ce Swpkes 89001 Cow4 on FNYA•^ ^Ms-uy^`e-r rnaM I, RN—manor 89002 Coun4 or U•a-0a A,n-^-Cn...Me. 1-11 [•.rnw:^^Ym Pe.mn 89003 County.1 O•a-W A.e1^e C11-1- 2.9 i0 F-Vot^meal Pmm4 89004 County of Orarye Aud10,Cow-cNir 10500 Encrpachmenl Permit 89006 County of Orange Auditor Complfer 52 24 Commud,auoo Charges for February 2002 89008 CSl services.Inc. 3Mg76 Professional Services-Corrosion Inspection 89007 CWEA Annual Conference 2.295.00 Training Registration&Meeting Registration-Division 020(California Water Environment Aesoeation) a9008 Diamond Interiors,Inc. 695.00 Mini Blinds-Repels&Installation 89009 Dr.Harvey Goldstone 86(1 Safety Glasses 89010 Eagle Protection of California 275.00 Bldg.Secedry,Al..Services-No.County Yard 09011 Employee Beneflot Spetlalists,Inc. 9,480.y9 Reimbursed Prepaid Employee Medical&Dependent Care 89012 Engineering News Record 82.00 Books&PUGiwtiom 89013 Environmental Resource Associates 1.397.94 Lab Perot&Supplies 89014 Evdng litigation Industrial 285.20 Landawpe Irdgation Pena&Supplies 89015 FEDEX Corporation 232.18 Freight Services 09016 Franchise Tax Board 64.38 Wage Garnishment SM17 Fry.Electronics 12.92 Computer Supplies 89018 Goo ivity,Inc. 2,780.00 Proloodonal Services-Flow Monitoring at OCSO Manhole 89019 Goldenwest W ndow Service 810.00 Repair&Maintenance Services-Trenching&Hauling Din and Misc.Clean-Up Schrock 89020 Government Finance Officers Association 480.00 Membership 89D21 Harker Equipment Company 161.85 colic,Vehicle,Pans.Repairs&Service 89D22 Howled Packard!Company, 11,500.17 (1)HIP Server 89023 Home Depot 1,643.68 Mix.Repair&Maintenance Material 89024 How Magazine W.96 Books&Publications 89D25 Hub Auto Supply 562.08 Vahiee Pans&Supplies 891325 Indiana Child Support Bureau 290.00 Wag.Garnishment 89D27 Industrial Disiri0utim Group 139.99 Mechanical Parts&Supplies 89028 Industrial Threaded Products,Inc 2,874.92 Invemary Fasteners 89D29 Internal Revenue Service 320.00 Mg.Gemishment 89030 InS.Union of Opec Eng.AFL CIO Local 501 4,630.90 Dues Deduction 89D31 Irvine Ranch Water District 6.75 Water Use 89032 Jays Offering 501.25 Meeting Expenses 89033 JV Industrial Companies,Ltd. 2,302.00 Repair&Maintenance Services-Gear Box Keyway 890M Karcher Insulation,Inc. 1,188.00 Raptors&Maintenance-Pipe Insulation 89035 Kelly Paper 345.32 Paper 890M Klarca,Inc 685.40 Temporary Employment Services 89032 Court Order 150.00 Wage Garnishment 89038 Lua.1's Gourmet Foods,Inc. 95.W Meeting Express H bghaeWE%CELAW]MPSHMEClown Peal Repwat00i1CWms Pak Ripon-DY15M.rh EXHIBITA flMlak Page T of 10 .120007 Claims Paid From 03M1107 to O3R5/07 Warrant No, Vendor Amount Description 89039 Maintenance SuperinMndents Assoc. 200.00 Training Expense 89040 Malcolm Pimie,Inc. 15,0P.68 Professional Services 1.24 89041 Mandic Motors 85.00 Towing Services 89042 Mayer Hoffman McCann,PC 18,285.00 Professional Services-DIP Audit 89043 Mission Uniform Service 10.12 Uniform Rentals 69044 Court Order 225.00 Wage Garnishment 89045 National Band&Trust 2.%8.12 U.S.Savings Bonds Payroll Deductions 89046 National Plant Services,Inc. 460.00 Vacuum Truck Services 89047 New Century Channel Group 2,839.50 Bird Control Services-PIGNX-Oewetering Bldg. 89D48 New Hanson..C.L.C.of Santa Me 16,750.00 On-Site Technical Professional Training 89D49 Nexlel Communications 943.56 An Time 89050 NRC Environmental Services 323.52 Wash Oil Pick-Up&Disposal Services 89051 OCB Reprographics 17,245.66 Printing Screw-M01IZ6m0 89052 OCEA 610]6 Dues Dedurbon 89053 Office Depot Business Services Division 2,411.43 Office Supplies 89054 Orange County Coaslkesper 50.00 Meeting Registration-Division 620 89055 Orange County Stand 538.40 Wage Gamishment 89056 Oxygen Service Company 1,705.99 Specialty Gases&Lab Paris&Supplies 89057 Pacific Mechanical Supply 973.59 Plumbing Supplies 89058 PCS Exmiss.Inc. 394.93 Courier Service 89059 Peace Officers;Council of CA 1,520DO Dues Deduction,Supervisors&Professionals 89060 PerkinElmer Las 1439.36 Lab Instrument Maintenance-MAS Spectrometer 89061 Platinum Advise. 5.000.00 Legisistive Advocacy EBnds 89062 Pon Supply 12.80 Repair&Maintenance Materiels-Zinc Anodes 89063 Postmaster 568.00 Post Office Box Rental 89064 Power Design 1,992.56 Eisctncel Paris&Supplies 89065 Pains,Inc 74.09 Lab Parts&Supplies 89066 Project Management Impose 154.00 Membership 89067 Prep, 9.495.00 Video Inspections-36-F Primary Influent Line 890H Rainbow Disposal Co. 3.104.33 Trash Removal 89059 RS f ghee Co.,Ix. 69.38 Paint Supplies 89070 RSA Sutler Sail Products 1.716.92 Soil Materials 89071 S&L IntemationN,Inc. 23,052.68 Software&Maintenance-Websewe 89072 SCAP 440.00 Meeting Registration-Div.660 89073 Scott&Whitehead 27.50 Legal Services-Labor,Employee Relations&Representation 89074 Siemens Water Technologies Cory. 640.71 Service Agreement-OI Water Systems at Plants 1&2 89075 SkillPalh Seminars 1,134.00 Training Registration 89076 Summer Ford 224.40 Vehicle Pane&Service 89077 Technical Bervice Group,Inc. 1,381.60 SCADA System VAX Service Agreement 89078 Teminix International 330.00 Pest Control 89079 Thompson Industrial Supply,Inc. 1,394.44 Mechanical Paris&Supplies 89M Times Community News 56.25 Notices&Ads 89081 T-MoblIe 107.64 Wreless Air Time 89082 Todd Pending,Ix.. 944.00 Painting Services 89083 Tony's Lock&Sale Service&Soles W.56 Locks&Keys 890M T.I.RancMhlegan Firms; 14,355.23 Residuals Removal MO 3.29-95 89085 The Unicource Corporation 414.64 Office Supplies H bepNME[CEL41ap]0%V6XAREIEISMr Pad RepemlMTCkams Pad Report-p 15d].W EXHIBITA am&tMac Page 8 of 10 411=007 Claims Paid From 0311,11117 to 03115107 Warrant No. Vendor Amount Description 89086 United Pacific Seances,Inc. 1,755.00 Removal&Disposal of(9)Palm Tress at Pit.2 89007 United Parcel Service 36.21 Parcel Services 89089 United Way 60.00 Employee Contributions 89069 Vienna Plumbing 4W.06 Service Contract-Testing&Cert.Bacdow Devices at Plot,18 2&Pump Sta. 89090 Vortex Cam. 2,732.85 Door Repairs&Gate Maintenance at Pit.1-Various 89091 Wastewater Technology Trainers 425.00 Training Registration 89092 WEF 452.00 Membership-Water Environment Federetim 89093 Xerox Corporation 18,951.97 Copier Lesser&Mohamed Services 89094 Xyon Business Solutions.Inc. 2,760.00 Temporary Employment Services 89095 Court Order 597.50 Wage Garnishment 89096 Zan Medical 581.69 First Aid Supplies 89097 Jeffrey L.Armstrong 456.36 Meeting(Thening Expense Reim issemenl 89098 C.Eddie Baker 388.61 Meetingrimining Expanse Reimbursement 89099 Layne T.Beroldi 225.30 MeetinglTmining Expense Reimbursement 89100 Michael J.Barnes 894.81 lieetingfTraining Expense Reimbursement 891D1 AnWMa Brlann0 55.00 MeetirngrTralning Expense Reimbursement 891D2 Richard A Castilian 658.53 Meeting/Training Expense Reimbursement 89103 Kelly J.Christensen 945.09 MeetirgJTmining Expense Reimbursement 891N Mark A.Espuar 613.78 Meetirgffmining Expense Reimbursement 891M Klmbedy R.Forman 572.65 Meeting/Training Expense Reimbursement 89106 Robert P.Ghireli 209.81 Meetingrtmining Expense Reimbursement 89107 Michael I.Gold 529.70 Meetingffmining Expense Reimbursement 891M Ruben Gomez 569.37 Meetftffrainirg Expense Reimbursement 891N Dole O.Henderson 18.00 Meeting/Training Expense Reimbursement 89110 James D.Herberg 262.40 MeetingfTmining Expense Reimbursement 89111 Michelle R.Hetherington 799.00 lieeliNi Training Expense Reimbu makent 89112 Robed Holdman 18.00 Meeting mining Expense Reimbursement 89113 Thomas A.Hunt 89.63 MeetinlgRmining Expense Reimbursement 89114 John Kavokiis 89481 Meetinsarturing Expense Reimbursement 89115 Igor Kim 576.88 Meetingrfraining Expense Reimbursement 89116 John D.Under 50.00 MestatifTraining Expense Reimbursement 89117 Theodore M.Mauler 556.14 Meeting/Tmining Expense Reimbursement 89118 Kathleen T.Was 102.23 MeetingRmining Expense Reimbursement 89119 Minimal D.Moore 323.00 Meekngffraininq Expense Reimbursement 8912D Andrew H New 40.00 Meeting"I'minirg Expense Reimbursement 89121 James D.Niswonger 718.01 Meeting(rraininq Expense Reimbursement 89122 Vanh Phonsin 978.33 Me mng/Training Expands,Reimbursement 89123 Anthony R.Pim.Wl 1,084.45 Mantlngrthaning Expanse Reimbumement 89124 Victor A.Salinas 23.00 Meetngamining Expense Reimbursement $9125 Curl V.Shelp 660.OD Manting/Training Expense Reimbursement 89126 Guam T.Smith 709.83 Manting/Traming Expense Reimbursement 89127 Phillip J.Sullivan 26.00 MestfinguThaming Expense Reimbursement $9128 Mahin Telebi 943.24 Mending/Training Expense Reimbursement 89129 Jane H.Then 874A5 Mee4ngrtraining Expense Reimbursement 89130 Paula A.Zeller 953.O7 MemngVTraining Expense Reimbursement Total Accounts Payable-Warrants 18.81T.548A8 k Wepl%WE%CEL EIe@IDNP6HARElCYima Palo Rryarvh)[IDC1ama Paitl Repo4-031"?va FXHIBITA oarzlpnc Page 9 of 10 .Imam Claims Paid From OMIM7 to 03115V Wamant No. Venrtor Amount Desmlpllon Payroll Mature....ts 36305 - 36306 Employee Paychecks $ 3,658.41 Interim Payroll-Temptation OW11107 36307 - 36394 Employee Paychecks 127p60.55 Bian akly Peinall O 114007 M395 - 36411 Employee PayWeds 58,150.31 Intanan Payroll-Refirementa B Rebpa 03113107-03/15101 137954 -138523 Direct Deposit Statements 1.152.350.33 Biweekly Psyroll 03114/07 Total Payroll Disbursements $ 1.341, 17fi Wine Tmnsfar Pwmenta OCSO Palma T...y a Cl-rmms 1 0q aF854 Bma,Ofy Payroll 0311407 D,Os .Brx Oat 41n pR 5 , %20M Can 6cstes of Penlcpatlon Fetauery Interest Payment Bsas or W.roll 114 2^2 6- S.•+s ta93 Rebnd.9 CeMhamms of Panda,stion February lnlerest Payment ToW Wire Tramler Paymame "fTU.,451 "5 Total Claims Paid 03NINT-11311$I1117 t4 t H Waeaa NE%CEL dWV2m4P5HARMIalm[Paid R[pomaDO➢Clalma Paid Repml.03-1547 xh allIBIT A 1rs210x Page 10 of 10 at2a00I Claim.Paid From OY1egT to OY31MT Warrant No. Vendor Amount Description A.....ve Payable-Warrants 89131 Bar Tech Telecom.lncorporaled & 40.DW.W Telephone Mainenaee Agreement 89132 Black&Veatch Corporation 111,682.83 Engineering Services J-77&Pt.402 89133 Slue Cross of California 413714.53 Medical Insurance Premium $9134 Delta Dental 57,929.35 Dental Insurance Plan 89135 Earth Tech,Inc. 121A19.94 Professional Services 1.24,P1-1 W.P14 W&3.55 891M Ecology Control Industries 40.N2.D9 Grit&Screening Disposal 89137 HDR Engineedrg,Inc. 79,383.86 Professional Senlces P142&P1-101 89138 Keiser Foundation Health Plan 66,215.04 Medical Insurance Premium 89139 Kemira Water Solutions,Inc. 63.248.84 Ferric Chloride 89140 Melralm Fimb.Inc. 36.010.59 Professional SmJces J-79 89141 Pioneer Americas.Inc 153.481.10 Sodium HypoMbrite 89142 Southern Callfomn Edison 308.379.04 Power 89143 Tun RancNMagan Farm 258.061.07 Residuals;Removal MO 3-29-95 891" U.S.Geological Survey 25.174.83 Professional Services-Deployment of Current Marken o6 Hu aiiglon Beach from MIS to 11106 89145 UBS Financial Services,Inc. 36.505.48 Remarketing Fail-2000 A&B Series Advanced Refunding CON 89146 US Penoside,L.L.C. 193.681.80 Odor&Corrosion Control Treatment for Coll.Sys.:Hydrogen Perovida&Famous Chloride 89147 Ameron International 465.105.05 Construction 1-24 89148 Bernard Solsnnche Joint Venture 2,189,412.00 Construction I.10A 89149 AWChcdemm 4,6W.86 hactianical Parts&Su"Nes 89150 Abadan Standards,Inc. 55.00 Lab Pads&Supplies 89151 AccuSnndard 207.54 Lab Pans&Supplies 89152 ACE EMonomka 146.46 Repelr&Maintenance Maleria-Arm Kit for Office Chair 89153 AIHCE 835.00 Meeting Registration-DWisbn 153(Ame sum Industrial Hygiene Comfort 89154 Swil era California Edison 23,110.23 0&M Agreement Day.Gen.Sys.MO 8.9.89 89155 Align Safety,Inc. 1.418.96 Safety Supplies 89156 AKM Conwbbg Engineers 20,439.60 Professional Banalities•Pan-Tbrq Dig Alen Technician.end 7.36,7.39&7.41 89157 Alhambra Foundry Co.,LW. ZAN." Menthols Frames&Coven 89158 Mans Instrument 1,240.85 Instrument Repels&Calibration Service 89159 AT&T Unlveeal Biller 737.20 Telephone Service 89160 AT&T CallbmlallfCl 894.65 Telephone Service 89161 Basic Chemical Solutions,L.L.C. 22,195.79 Sodium Bisulfite&Sodium Hydrowids 89162 BC Wire Rope&Rigging 1.310.30 Mechanical Pads&Supplies $9163 Bee Man Peet Cadrol,Inc. 175.W Past Control 89164 Brenner-Fiedler&Assoc..Inc. 1,W7.29 Air Compresses 89155 Brown&Caldwe0 593.01 Professional Services-Business Risk Analysis 89166 Cameron Confirmation Systems 6,026.93 Mechanical Parts&Supplies 89167 Cemfil Fan Sales 347.08 Mechanical Pads&Supplies 89168 Camp Dresser&Were.Inc 1,916.02 Egswing Sondes J-71-8 89169 Cmeer Track 99.00 Trelming Registration 89170 CASOA-California Snmmeanr Quality 223.78 Books&Publications 89171 CmWIar OYrena Abtime 3,106.37 While.Services 89172 CMAA 540.W MeelingRegistration-DN.760(Conswdion Management Aesec.of America) 89173 Columbia Analytical Services,Inc 1,525.00 Analysis of Wastewater.Indusbul Waslewater&BiowSds 89174 CSI Computational Systems 3,590.61 Soft iio a Upgrade-AMB Machinery Manager 89175 COMUS International 118.23 Electrical Pads&Supples 89176 Consolidated Electrical Distributors.Inc. 936.78 Elxbical Pads&Supplies 89177 Construction Book Express 74.90 Publica8ans&Books 89178 Consumers Pipe&Supply Co. 178.55 Plumbing Pads&Supplies H:WpNeNEMCEL NW]PAPSHARE`Fmmr Pao RePOWWO aMa Pits Rervm-W147.ma EXHIBIT matmr, Pape 1 of 7 aicoom Claims Paid From(IOHSPUT W 03131107 Warne No. Vendor Amount Description 89179 Corporate Express 1.359.57 Office Supplies 89180 Comobb Engineering 241.45 Pump Supplies 89181 Cpunteryv0 Enterprises Inc 1.636.57 Merlunical Paris,Supplies&Toole 89192 County of Credits-Heafth Care Agency 19,649.00 Waste Discharge Inspection Program Fees 89183 CSAC Excess Inwnnce Authority 3.134.6E Employee Assistance Program 991" CSI Sendces.Inc 1.229.92 Professional Services-Corrosion Inspection 89185 Curb,Whaleeale Electric,Ix. 61.96 Mechanical Paris&Supplies $91% CWEA Annual Cents.. 325A0 Training Registration lCablornia Wier Environment Association) 89187 CYVEAMembership 880.DD Meduership(Calif.Wier Environment Assoc.) 89188 David's Tree Service 4,500.00 Tres Mint Service 89189 DOB Engineeng,Inc. 1.170.00 Pnfemprel Services-Grant Management 89190 Delay Foam Packaging Products,Inc 147.58 Lab Parts&Supplies 89191 Dunn Solvents Corporation 644.09 Paint Supplies 89192 Ecology Tim,Inc 522.25 Waste Management-Tins 89193 Electrical Reliability Services 2,120.00 Professional Services 1.2.4 89IN Employee Benefits Specialists,Ina 2,808.00 Reimbursed Prepaid Employee Medical&Dependent Care 89195 Enchanter,Inc 2.500.00 Opened Monitoring&Cutout Inspection&Maintenance 89196 Enylrostnlegles,L.L.C. 1,817.42 legal Services-Kam County EIRA.Ibgiion 89107 Equa-Cher 3,182.82 Hydrochloric Add 89188 Equlpmenl Specialties Co. 4,6n.87 powers Them Pump 89199 Ewing Initiation Intlusirlal 207.04 landecete Inigatlon Pads It Supplies 89200 FEDEX Corporation 510.10 Frelght Services 89201 First American Real Estate Solutions 724.50 On-Line Orange County Property Information 89202 Fisher Scientific 3,530.48 Lab Pant&Supplies 89203 Forked Engineering It Sumreykg,Inc. 3.930.21 Surveying Services-Various Capital Projects 89204 Fred C.Gilbert Co. 29s.70 Oil Leval Controller 89205 Canned Callahan Company 2071.38 Chemicals 892M GiedichWit",Inc. 270.38 Mechanical Paris It Supplies 892D7 GolOanwest Writ.Service 670.00 Groundekeeping Services 89208 Grainger,Inc. 1,253.19 Mechanical Pads&Supplies and!Pump 89209 HeNour Engineering Group 11,693.90 Mechanical Pads&Supplies 89210 Harold Primrwa Ice 70.00 Ice For Samples 89211 Hamngtpn Industrial Pbslira.Inc. 705.21 Mechanical Pads&Supplies 89212 Hea0h StieMe Marociates 1,271.70 Professional Services-Asbaslos Study 89213 Hev4e8 Packard Company 6,605.49 (20)Laptop Notebook Warranty Agreements,(5)HP PC's 89214 Home Depot 872.40 Mist.Repair&Maintenance Material 89215 Hub Auto Supply 1,017.92 Vehicle Parts&Supplies 09216 ICC International Code Council 150.00 Membership W217 Industrial Distibubead Group 696.95 Mechanical Pads.Supplies.Lacks&Tools 89218 Industrial Metal Supply 159.04 Metal 89219 Innedide Engineering 12,432.33 Seweriine Video lnapectlpns $9220 Imrs,Ranch Water District 40.59 Water Use $9221 Jays Caking 732.44 Meeting Expenses 89222 Johnimme Supply 103.12 Elecffical Paris&Supplies 992M Jpehw Caney Corporals Training 3,945.00 Training Registration 89224 Kay J.Greeley 1,275.00 Tree Inspections-EucalypWa 89226 Kleadelder.Inc. 10,20.76 Spike,Convete&Other Materials Testing 892M Lab Set*Supply,Inc 886.17 Lab Pads&Supplies 89227 Lee&go.Inc. 15A95.00 Profea donul Services P2.47-3.5.51&552 H WPUedE%CEL sUuMPSI-WEKAemr Per RapwNi Iirrns Pald Regan-WJ1A]As EXHIBITS on4i Page 2 of 7 41MN] Claims Paid From OLI6g7 to 03131MT Warrant No. Vendor Amount Description W228 Leeward Shelving&Filing Systems SIM OKee Supplies 89229 M.J.Scn6 and AcsociatH,Ind. 3.585.00 Professional Services-Cathode:Protection Current Testing-High Pressure Gas Linea 892M MCJuddh Corpoation 190.14 Mechanical Pads&Supplies 89231 McAlester Can Supply Co. 1.78.16 Mechanical&Lab Paris,Supplies 8 Tools 89232 Medlin Cadlrols Co. 190.65 Instrument Paris&Supplies 89233 Moudys Investors San. 5.0il COP Rating Mainlenance Fees-Sudan 1992 Refunding COPa 892U Municipal Water Dinner of O.C. 023.53 Meeting Regards-Division 110 89235 National Plant S•,:. Inc 90000 Pumping Services-Plan t Oewatering Bldg.'W Baler Areas&Road Drains 89236 Nei'•e+P-1,is 1^ 1156001 An.,,Polymer $9237 w,,,b r i. ` 1 Pq4 p P o•,P-.m Su"I es 59239 G r 1n•....P...1.. ..i • sin r6 p..1 n. ..G•. .A,,.-di;Program $9239 O1.0 fs-v- sc• r1• ; 1 g- P IP $9240 0—.H^r•.'P,....q�. . . . r 4eo;4 1— .11111, 89241 Ome9aIM n1•'M\?rlv P-' 113416 J1^Im-NS•4'rle1 89242 Oriesou¢e PNnh,lcca he 205362 Elr-ecal Piss6 Supplies 89243 Grange County HOW Company 3164 Hydraulic HOW Supplies&Pads 892" Orange County PHI Control Inc 75.DO Pont Control 89245 Crags Fluid System Technologies Inc. 127.09 Pumbing Paris&Suppose 89246 Osygen Service Company 60.77 Steel Gaes 89247 Pacific Mechanical Supply 90.59 Plumbing Supplies 89248 Persons Water&InfrastrWure.Inc. 21,05.17 Professional Services J-35-1 89249 PERMASFAL 491.34 Lube Oil 89250 Pl Hewn Company,Inc. W7.17 Electrical Paris&SUPMiH 89251 Pelydyne.lnc. 17.195.83 Canonic Polymer MO 3.11.92 89252 Penton IMustries.Ire. 210.49 Electrical Pan&Supples 89253 Pon Supply 64.83 Lab Parts&Supplies 892M Primary Source Office Furnishings.Inc 3,866.07 Office Furniture&Misc.Equipment 89255 Procare N.bM Injury Center 295.00 Medial Screenings 892% Progressive Summer Publications 230.00 Subscription 89257 Prudential Overall Supply 2,970.68 Unfana&Related Anises 89258 0 Ar Calif.-Div,of Pump Engineering 1,604.W Air.Oil&Saturator Fillers and Of Coolants 89259 RLAbbo11&AssssalH 3,OW.00 Kern County Biosolids Consulting Services 89260 Rain for Rent 4,879.70 Professional Services-Sludge Bypass System&Testing-P1.37 89261 Rani Instrument.L L.C. 417.97 Lab Paris Supphea 89262 RBF Coaulbng 5.101.02 Engineering Services 2-24-1 89263 Raise Corporation 397.60 Lab Paris&Supplies 89264 RWdan Associates 3,00D.00 OnSile Treading-Incident Command 89265 Focusing Gpllege Continuing Edualion 799.00 Training Registration 892M Royale Cleaners 8.00 Dry Cleaning Services 0267 Science Applications Inlemadonel 23,062.67 Oxen Mpdiipring MO 6.8.94 89268 Scienfic,Construction Laboratories 5.420.00 Prof.Services-Corrosion Management 892M Sao Specially Gases,Inc. 72.41 Demurrage $9270 City of Seal Beach Finance Dept. 201.85 Water Use 89271 Shurelud Sales&Engineering 2.617.26 Mechanical Pang B Supplies 89272 Sgnda drib,Inc 5.620.57 Lab Paris&Supplies 892M SKC Mg.Inc. 130.28 Lab Parts&Supplies 89274 So Cal Gas Company 9,121.55 Natural Gas 89275 So~Contra Seta. 265.00 M M Registration $9276 Spardetia 2.220.50 Darting Waler/Ceoler Remain N WpIWPE%CELdWMrrP51MREel =Pan IssomMaNLM Ped agent-statorW EKHISITB ee210N Page 3 of 7 alsco n Claims Paid From OM1810T to 0313IMT Warrant No. Vendor Amount Description 89277 Square D Comurny 7,600.00 Training Regshetion 09278 SsrWeM and Poore Corp. 5.000.00 COP Contract Serviw 89279 Summit Steel 1,303.01 Metal 892N Sunset Industrial Pads 298.01 Mactreeiol Pans&Supplies 59281 Testammics Ontario 367.41 Analysis of Biosc ids 89282 The SWMEM Insurance Company 2,595.63 Execeow Disability Plan Premium 89283 Thermo Electron Corp. 1,803.84 Lab Pans&Supplies 89284 Thompson Industrial Supply.Inc, 6,950.76 Mechanical Pads&Supplies 89285 Times Community N. 2%.25 Notices&Ads 89286 TMV Systems Ergide irg.Inc 837.50 Software Services 89267 Toshio,International Corp 663.35 Instrument Parts&Supplies 89288 Trade Service Corporation 93.74 Computer HardeardSolWaretMaintenance 89289 Trull&Auto Supply,Inc. 46.01 Automations Parts&Supplies 89290 U.S.Pharamempds M6,00 Lab Pars&Supplies 89291 UC Repents, 8,846.52 Professional Services-Strategic Process Study Research Prgect 89292 Ultra Scientific 123.50 Lab Pads&Supplies 89293 United Parcel Service 1.357.33 Parcel Services 892N US Aircondidonmg Distributors,Inc. 1,090.87 Motor 89295 Vaps,Inc 2,466.50 Instrument Pons&Supplies 892% Vanes,Inc. 52.28 Lab Pelt&Supplies 89297 Verleon California 132.40 Telephone Services 89298 Much Service Plan CA 9.857.88 Melon Service Premium 89299 Vocem USA,L.L.C. 445.61 Safety Video Progrem 89300 VWR Scientific Produces 5,412.84 Lab Pam&Simpkins 89301 The Wackenhut Corporation 3,582.46 Security Germs 89302 Mal Automatlon North America 3,481.00 LSVB Spats Plugs 89303 More Corporation 1,UT.50 Traning Reglstre0on 893N VJEF 384.00 Memberl-Water Enyho mant Federation 89305 Teotimo C.Asia 725.07 MeeBngRSINng&Penn Reimbursement 89306 Menen M.After 3W.30 Meelingrrrelning Expense Reimbursement 89307 David AMreds 18.00 Meeling/Training Expense RaimburwmeM 88308 Layne T.Baroldi 400.00 Meetingrru lning Expense Reimbursement 89309 Breyan E.chair 36.72 Meelingrfralning Expense Reimbursement 89310 Jams E.Colston 390.00 MestIngRrdning Expense Relmburwment 89311 Gall Game 211.78 MeetingrTminllg Expense Reimbursement 89312 Robert P.GNreill 1,339.15 MeetillglTreMing Expense Reimbursement 89313 Tod!E.Haynes MO.40 MeeiinplTri lninp Expense Reimbursement 89314 Ingrid G.Heilebrand 26.00 MeetinpRrelnirq Even Reimbursement 89315 Tim H.Hopsm 16.58 Mestingdmining Fxpems Reimbursement 89316 Lin.HWs 270.92 Mstinghtrali ing Expens Reimbursement U317 Vladimir A.Kogan 1,055.61 Mes9ngRraining Expanse Reimbursement 89318 Chrs Maher 28.44 Meeting/Tralnirg Expense Reimbursement 89319 Curtis R.Masen 6W.26 MestingRreining Expense Reimbursement 89320 Todd A.May 977.37 MstingRrelning Expense Relmourwmenl 89321 Samuel L.Mowbray 616.23 MwOngiTralning Expense Reimbursement 893U Philip Peterson 164.00 Mee11ng4relnln9 Expense Relmbursement 89323 Gary V.Prater 349.35 MeelingRralnln9 Expense Reimbursement 89324 Alan 0.Ralph 6M.26 Meetirg/Th fining Expama Relmburwment 89325 Edit M.Smith 783.35 Meeting/Tralning Expema Reimbursement H g,mmAI ICM-McNtXMPSIMIRE berg Pet aspamt00T $Per Fission-OM1-07W E%HIBITB eM210h Pape 4 017 alegom Claims Paid From 03I1610T to 03131/07 Warrant No. Vendor Amount Description 89326 South Coals Air Quality Management Dist. 4.022.63 Permit Fee-FE06-02 89327 City of Forunbin Valley 39,621.26 Waled Use $9328 EaM Tech.Idi 494.026.90 Professional Services 1.24 89329 Ecology Control Indus0ies 55,176.59 Gin&SoeeNog Disposal 89330 Malcolm Firms Inc. 152.147.90 Professional Services P2-80 $9331 Oxidenlal Energy Mediating.Inc. 74,577." Natural Gas for CerrGamCoGen 89332 Orange County Water District 1,963,134.34 Joint GWRS protect J-W 89333 Nbodru8 Sprddlin&Smart 82.692,94 Legal Seminary MO 7-26-95 89334 Steve P.Rados,Inc. 741SW 61 Construction 1-2.4 89335 Union Bank of California 82.436.29 Construction 1-24,Retention 893X MICE American Industrial Hygiene Confer 900.00 Meeting Registration-Div.153 89337 Ar Uquide Ams.C.M. 1.090.98 Biblically Gases 0038 Airyas-Wels 8.40 Demurrage 89339 APOS Systems,Inc. 4,200.00 SoRvare&Maintenance Services-Budding Manager for Crystal Emmons $9340 Armen Publishers,Inc. 288.18 Publication 89341 AT&T Universal Biller 1.122.01 Telephone Service 89342 AT&T CaluomialMCI 2.579.54 Telephone service 59343 American Telephone&Telegraph Corp. 6.77 Telephone Service 8934l Ades Underground,Ina 4.900.00 Excavation&personnel of Underground Storage Tank.BarANling&Compaction Services 89345 Awards&Trophies Company 38.96 Aivards&Plaques 89346 California Dept.of Child Suppon 1,240.12 Wage GamiMment 89347 California ReaPaBan Company 2.486.21 Boat Slip Redoes Fees for Ocean Monitoring Vessel Nensu 89W California Relocation Services,Inc. 490.00 Office File.Mcm.gM.1ocation Services 89MS Compressor Components of California 19,323.63 Repair&Maintenance Sevices-(32)Coils LSVB Ignition 89350 Consolidated Electrical Distributors.Ito. 19.33 Electrcal Pans&Supplies 89351 Coring Tapia 522.50 Reconciliation User Fee Refund Program 89352 Corporate Express 477.77 Office Supplies 89353 CR&R,Ina 1,949.99 Contener Rental$&Waste Disposal Service 89354 Culligan of Orange County WAS Maint.Agreement-Can Gen Wier Softener System N355 CWEA Annual Conference 2.110.00 Training Registration(Ca6fomia Man Environment Associalion) 89356 CWEA Membership 164.00 Membership(Calif.lNater Environment Assoc.) 89357 David's Tract Service 2,075.00 Tree Maim.Service 89356 OHL Express USA.In . 92.65 Freight Services 89359 Document Imaging Technmogies 1,581.77 Scanning to Electronic Media Services-Time Sheets&Payroll Records 89360 Employee Benefit.Specialists.Inc. 9,485.79 Reimbursed Prepaid Employee Medical&Dependent Care 89361 ENS Resources.Inc. 10,000.00 Professional Sernces-Legislative Advocate 89362 Ewing Irrigation Industrial 425.02 Landscape Logation Pans&Supplies 89363 FEDFEX Corporation MAD Freight Services 89364 Franchise Tax Board 585.17 Wage Garnishment 89366 Fmmlin Covey 243.00 Office Supplies 89W6 Gilbert Coma 788.50 Reconciliation Uslr Fee Refund Program U367 Global Awards.Inc 642.68 Suintou Steel&Plastic Asset Togs 89363 Goldenwest N9ndaw Service 160.00 Groundskeeping Sernme 89369 Gyms Systems 5.571.77 Sopearre Maintenance It Support-On-Site Training Wfizsm 89370 Home Depot 1.282.39 Mix.Repair&Membered.Malarial 89371 Hope HCalthl 5/0.43 Publication-Wellness Neealefters 89372 Indiana Child Support Bureau 2W.D0 Wage Gami.hmam 89373 Internet Revenue Service 175.00 Wage Gamishmant 89374 Internet Seamy Systems Inc. 2.219.45 Scheme Maintenance Agreement X WplUrb£xCEL.da3NAP6nNREnG/nr Pad RepondOOTGnnu Pod Rend-0]J147 tlr EXHIBITS antax Psge 5 of 7 anegW7 Claims Paid From 03116MT to 03131107 Wament No. Vendor Amount Description 89375 Intl.Unon Of Oper.Eng.AFL CIO Local 501 4.604.81 Dues Deduction 89376 Jays Crown 1.343.65 Meeting Expenses 89377 Court Older 150.1)) Wage Garnishment 89378 Londan Education Services 349.00 Tralning Registration 89379 Luccrs Gourmet Foods,Inc. 70.00 Meeting Expense 893M Mons Bonner. 79.30 Lab Penn&Supplies 89381 Media Resunxhng Systems Inc. 3.200.00 Repairs&Maintenance Services 89382 Mesa Consolidated Wale,District 41.79 Water Use 89383 Midway Mfg.&Machining Co. 6.141.75 Mechanical Pans&Supplies 893M Court Order 225.00 Wage GarMehment 89385 Mythic.Inc. 16.500.00 Software-Perpetual Lloense for Onacie Data Base-Entepnce Edison.Malin.&Support 89386 National Bond&Trost 2.958.12 U.S.Savings Bonds Payroll Deductions 89387 The Norm Companies 374.40 Mail Detiyery Service 893H NRG Themal Services.L.L.C. %548.99 Repair&Maim.Services-NRG Engine All 89389 OCS Reprogrephbe 127.65 Printing Semce-MO 12SI00 89390 OCEA 601.53 Dues Deductron 89391 Office Depot Business Services Division 1.664.05 Office Supplies 89392 Orange County Chapter-ISCEBS W.W Meeting Regatmtlpn-Division 240 89393 Oxygen Service Cmnini 298.89 Specialty Gases&Lab Part&Supplies 893N Peace Officem Council of CA 1.620.W Dues Deduction.Supervisors&Professonab 89395 Fink Corporation 1,200.00 Training Regislralion 89396 RMS Engineering&Design,Inc. S.T75.00 Professional Services-Structural Assessment Digesters F&G:Confined Space Entry;&CAD 89397 RPM Electric Mobs 1,379.16 Motor&Motor Repairs 89398 Rutan&Tucker,L.L.P. 25.W Legal Services 89399 SBC Long DialanpeSoelhweste,n Bell 1,123.51 Telephone Services 89400 Sm0el Voice&Date,Inc 2,M4.79 Telephone System Maintenance 89401 Southern California Edison 43.32 Polder 89402 Southern California Trans Service 11,074.50 Electrical Equipment Service Contract 89403 SSPC The Society,for Pmtectiva Casting 95.00 Membership 89404 TermiNv lMemndonel 470.00 Pest Control 89405 Testamerkas Ontario 90.00 Analysis of Biomtids 89406 The Orange County Register 703.80 Notices&Ads 89407 The Milking Man,Inc. 950.00 Printing and Dishibution for Various Construction Projects 89400 Thomas V.GeriWer NOW lab Analyses 89409 Thompson Industrial Supply,Inc. 122.33 Mechanical Pens&Supplies 89410 Time Wnmer Communications 51.07 Cabo Senecas 89411 Todd PairW%Inc 1,645.00 Painting Services 89412 Torry's Look&Sao Service&Salsa 501.74 Locks&Keys 89413 Tortuga Pool Services 310.01) Maintenance Agreement-Weekly Cleaning of Atrium Pond 89414 Townsend Public Affairs 5000.00 Legislative&Execute Advocate for Grad Funding 69415 Tremor Incorporated 3.880.00 gainers&Maintenance Svm.-Inaba of Skid Resistant Walk Pads on Compressor Bldg.Roof 89416 Trench Nate Renal 217.75 Plate Ramada W417 Took&Auto Supply,Inc. 20.34 Automotive From&Supplies 89418 UC Regem 125.00 UCI Fat Day Information Boom Application Fee 89419 United Pacific Seen iices,Inc WON Landscape Maintenance at Pants 1&2 and Pump Salton 8IMM United Parcel Service 100.0 Parcel Be. 89421 Unlad Way 60.00 Employee Conbbutions 89422 Vencen California UAD Telephone Services BM23 Vortex Corp. 945.94 Door Repairs-Purchasing Bldg. X:WepfeePFJICELNNtAtiVatURflClalms Pent RepoinNO Geena Pay Ranieri.0,3147.N EXHIBITB nro2tMc Pegs 6 of uu m, Claims Paid From 03I18g7 to OWIXIT Warrant No. Vendor Amount Daactell. 89424 Weser 3 Engineering,Inc 4.125.08 Memtimidep 89425 WEE 308.00 Membmshlp-Water Environment Faderesinn 89426 WEF Registration Dept. 1,380.00 Missing Registration-Division 620 89427 Viselon Sclubans.Inc. 900.00 Outside Laboratory Servces-Core Ocean Monitoring Program 89428 Xerox Coryoratlon 18,843.08 Copier Leases&Managed Services 89429 ValeyChase Materials Handling,Inc. 148.46 Electric Cad Parts 89430 Court Order 597.50 Wage Ganeshment 89431 Men Adams 385.68 Meeting/Training Expense Resmburcement 89432 Frank Chavez 567.25 Mee0ngr7raining Express Reimbursement 89433 James E.Colston 300.52 Mea0ng17reining Fxpenda Reimbursement 89434 Michael I.Gold 1.113.68 Mealingrrraining Expense Remonstrates! 89435 David 0.Halverson 20.00 Meelingf7ralnirg Expends,Relmburaemenl 894M Lauder J.101nger 75.88 Mee6ng?araning Expends,Rahnbursemenl 89437 Deus Manning 1271.85 MeelingRraiMrp Expense Reimbursement 89439 Simon L.Watson 690.60 MeetinglTrcinitg E mmae Reimbursement 89439 Robyn A.W Icox 1.180.50 Mee0ngf7raining Expense Reimbursement 89440 City of Garden Grove 400.00 permit Fear-P2.68 Total Accounts Payable-Warrants S 601852g.99 Payroll Disbursements 36412 - 36474 Employee Paychecks S 116.802.26 Bivaekly Paying-03OW7 U475 - W85 Employee Paychecks 23,85442 Interim Payroll-Terminations.Resros,Reissue,Refinements(OMM7,03127M7,03129107&03nOM7) 138524 - 139W8 Direct Deposit Statements 1,200,444.07 Biweekly Payroll-03Q8/07 Total Payroll Disbursements S 1.341.100.15 Wire Transfer PMMQM OCSO Payroll Taxes&Comenetions $ 734.333.69 giwaekly Payroll 0311 US Bank 689.536.54 Series 2000 A&B Refunding CON March Principal and Interest Payment Total Wire Transfer Payments S 1.423.8]0.23 Total Claims Paid 03118106-OW31106 S 11]83.500.97 H1duPIUS&EXCELdiV3 PSWRE1Clalm5PaiERvom OOTClaimf Pn0Reran OJ 14eg1 EXHIBITS 'We. Page 7 of 7 e1M007 BOARD OF DIRECTORS Meetlng Date To9d roar. a5/23/a7 AGENDA REPORT Ilan Number Item Numbs 7 Orange County Sanitation District FROM: James D. Ruth, General Manager Distributed at �3 0? Originator: Penny Kyle, Clerk of the Board Board of Directors meeting. SUBJECT: NOMINATIONS FOR CHAIR AND VICE CHAIR OF BOARD OF DIRECTORS GENERAL MANAGER'S RECOMMENDATION Open nominations for Chair and Vice Chair of Board of Directors (Election to be held at regular June Board Meeting). SUMMARY As provided in the Board's Rules of Procedures, nominations for the Chair and Vice Chair are made at the regular May meeting, and the election will take place at the June meeting. For new Directors' information, we have included below an excerpt from the current Rules of Procedures for meetings relative to the election of the Chair and Vice Chair for the Board of Directors of Orange County Sanitation District. "G. Chairperson and Vice Chairoerson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July f st. The nominations for Chairperson and Vice Chairperson shall be made at the regular Board meeting in May of each year. Any person nominated for Chairperson shall be deemed to be nominated for Vice Chairperson in the event the person is not elected as Chairperson. Thereafter, the nominees shall prepare a statement setting forth their qualifications for the office sought. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regulady-scheduled tens unless sooner removed as a result of action by a majority of the Directors. The Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. The Vice Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Vice Chairperson." PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS N/A Distributed at SX 3 07 Board of Directors meeting. May 23, 2007 MEMORANDUM TO: Chair and Members of the Board of Directors Orange County Sanitation District FROM: James D. Ruth General Manager, Orange County Sanitation District SUBJECT: May Status Report The following status report for the month of May is submitted for your review and consideration. 1. Design-Build Legislation SB 645 (Correa and Tran), the District-sponsored design build legislation, passed out of the Senate May 17 on a 33-0 vote, with unanimous support by the Orange County delegation. The bill next goes to Assembly Rules for committee assignment. 2. SARI Line Funding The OCSD board of Directors approved the financial agreement between OCSD and the County of Orange at its April 25 meeting. At their May 15 meeting, the SAWPA board approved its loan and repayment agreement with the County of Orange. The county will consider both agreements at the June 5 meeting of the board of supervisors. Under these agreements, OCSD and SAWPA will begin loaning the money to the county beginning in 2009 with repayment by 2016. The EIR/EIS is slated for public release in August 2007. OCSD staff is preparing a technical scope of work that will be submitted to OC RDMD for incorporation into their RFP for project design services. 3. All Hands Meeting OCSD held its All Hands meeting on April 26. Chairman Ferryman welcomed 450 employees and gave an overview of OCSD's progress and Board direction. Alternate Director Brad Reese (Villa Park) also attended the event. 4. Information Technology Recruitment for the IT Systems & Operations Manager should be completed in early July. This timeline has been shortened from the previous mid July completion date. Twenty-three applications have been received for the position thus far. Board of Directors Page 2 May 23, 2007 5. Labor Negotiations Tentative agreements have been reached with our three labor negotiating teams (Supervisors and Professionals, Local 501, and OCEA)and the agreements were ratified by the union membership the week of May 14. The board of directors will consider the agreements at your May 23 meeting. 6. 1972 SARI Line Agreement Between OCSD and SAWPA With the concurrence of the Steering Committee, I sent a letter to the General Manager of SAWPA agreeing to their request to open a discussion of the 1972 SARI Line agreement. I am awaiting a response from SAWPA as to the issues they want to discuss. 7. Office Space Study The space analysis conducted by IPMC has been completed and a written report was submitted to staff. The final plan will be used to match up current staffing needs with available space and to optimize the staffing assignments at our newly acquired North County Maintenance Yard. 8. Profession of Management Training Thirty two supervisors completed the Profession of Management training program and the third Gass of 17 supervisors began on May 22. The program is designed to build our bench and develop a consistent management philosophy within our management team. 9. IY 2007-08 Budget The proposed budget and CIP were reviewed with each of our standing committees at the April and May meetings. The document is scheduled for consideration by the board of directors on June 27. 10. Orange County Grand Jury Report Staff was invited to review a pre-publication draft of a Grand Jury report titled Orange County's Beaches: An Environmental Scorecard. OCSD is one of the affected agencies mentioned in the report and will be asked to respond to the findings and recommendations of the report when it is released. Staff from the Environmental Laboratory and Ocean Monitoring Division participated in the review along with representatives of other affected agencies. We expect the report to be released in about two weeks. 11. OCSD Employee Picnic The District's annual picnic for employees and their families is set for Saturday, June 16 at Huntington Beach Central Park. The event kicks off at 11:00 a.m. -4:00 p.m. 12. Sacramento Trip Members of the Steering Committee will travel to Sacramento on May 30 to visit with members of the Orange County legislative delegation. We will be informing the delegation members about our priority issues, including design-build legislation, infrastructure bonds, biosolids, and SARI line. Staff is working with our lobbyists to arrange meetings throughout the day. JDR:gg X:We[Ogro111P�tOMmMFIRN NMESwalus Req .o 0oa 007 GM 5181us,eWYUR] 7MU SaWzliegvl�C Distributed at .S 43 ZOO SignOnftqfl)�.com Board of Directors meeting. Judge likes city's sewer settlement By Matthew T. Hall—UNION-TRIBUNE STAFF WRITER—May 19, 2007 SAN DIEGO—A Superior Court judge all but approved a$40 million settlement yesterday between San Diego and consumer advocate Michael Shames,who sued the city three years ago for allowing single-family sewer customers to subsidize the bills of businesses. But a new dispute has emerged over who will ensure that the city bills its water and sewer ratepayers fairly in the future. At a hearing yesterday,Judge Ronald Prager embraced the settlement,which includes$5 million for attorneys'fees,and said he would formalize it next week.He urged Shames to resolve his remaining dispute with city officials or to file a formal request to have the judge settle the issue. Shames wants the watchdog group he heads,the Utility Consumers'Action Network,to monitor city water and sewer rates,but Mayor Jerry Sanders believes the duty should fall to a city oversight panel he is forming. Shames says the mayors proposal would violate the settlement,which calls for an independent, nonprofit organization to protect customer interests. Sanders countered that his committee would be"very independent." He said yesterday that he expects to appoint people to the Independent Rates Oversight Committee in coming weeks.It will replace a similar volunteer group that lacked the financial background to catch the billing inequities that Shames'lawyers contend took place from 1994 to 2004. Before the City Council ended the practice,San Diego's multifamily,commercial and industrial sewer customers paid proportionally less than single-family customers because the city collected sewer fees that didn't vary based on the amount of organic pollutants in the waste. Under the settlement,San Diego's 223,000 single-family sewer customers are projected to receive on average less than$200 in rebates.Comparatively,City Attorney Michael Aguirre found that two companies,Kelco and ISP Alginates Inc.,avoided paying the city about$226,000 a month,or $2.7 million annually. Sanders outlined his plans for a new city committee to watch over water and sewer system funds and bond proceeds a few days after the Shames settlement was made public in November.The mayor said then that the panel wouldn't interfere with Shames'bid to empower a nonprofit organization as a utility watchdog. Yesterday,he defended his reversal. ' I ii "At that time,I don't ever recall Shames mentioning UCAN should be the oversight board," Sanders said."In fact,that was left very open.And IROC as we have now started to constitute it,I think is a perfect vehicle for that." Contrary to Sanders'recollection,Shames said in November that he might ask UCAN's board to serve as a watchdog over water and sewer rates if no other nonprofit organization volunteered. Ultimately,no one else stepped forward. Per terms of the settlement,the watchdog will be able to solicit contributions through regular inserts in customer bills,three times a year for five years,to hire experts to evaluate future rate cases. UCAN,whose focus has been on gasoline,telecommunications and energy,was established in the i98os with solicitations in electricity bills. The Shames settlement temporarily causes multifamily,commercial and industrial sewer customers to pay higher rates than single-family customers to make up for the time they shouldered less of the load.Under a complex formula used because state law mandates proportional rate increases,rates will rise for all sewer users,then single-family customers will get credits to cancel out the increase and a rebate on top of that. The initial deal called for the city to shell out the entire sum to customers in four years,but the judge eliminated that time frame at the city's request yesterday when told it may take longer to distribute the money. The settlement was reached through a mediator,who recommended that Shames'attorneys at Krause Kalfayan Benink&Slavens LLP get 12.5 percent of the award,a total that Prager yesterday said seemed"very reasonable." "But for these attorneys,this whole situation may never have come to light,"the judge said.Mme would have gone by and it would have been too late." .Matthew Hall:(619)542-4599;matthew.halMuniontrib.com BOARD OF DIRECTORS Meeting Date To 5d.of Dr. '' 05/23/07 'f• AGENDA REPORT Iem Numbe Ren Numbe e Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION See attached listing. ATTACHMENTS 1. Copies of Claims Paid reports from 04/01/07 to 04/15/07 and 04/16/07 to 04/30/07 FOM NO.O 1024 OpMF PpPt-FMIn OM Op HNivl: Lt5(dU) Page 1 Claims Pam From 04101107 to 04115107 Warrant No. Vendor Amount Oeacdption Aceounta Payable-Warrants 89441 Agroeys Solutions,Inc. $ 28.264.00 Professional Services-I.T.Operational Assessment 89442 Basic Chemical Solutions.LLC 29,208.28 Sodium Bisulfte&Sodium Hydroxide BN43 Bio-Nomlc Services,Inc, 218.883.33 Repelr&Maintenance Seeces-Digester Nos,6811 89444 Black&Veatch Coryorellan 87,601.00 Engineering Services-Corroximal&General Inspection of Outlet Bppster Station(COBS) 89445 Camllo Engineers 279.52211 Professional Services P266 8 Pt-71 BN45 Corporate Image Maintenance,Inc. 46.000.00 Custodial Services Spec.No.98994t9 89447 DuPont 46,427.00 Painting Mast,St.MO 4.22-98 89448 IPMC do Parsons 1,192,110.00 Engineenrg Services-Integrated Progre piPralect Management Tempoay Staffing,Merl.8 Supplies 89449 Kerrie Water Solutions 117.N1.B/ Fern Chloride 89450 Malcolm Firms.Inc. 92,589.39 Professional Services I-24A&5.50 89451 MOS Consulting 44,185]2 Professional Surveying Services 1-2.4 89452 Nxis)B Moore Corporate Accounting 32,671.56 Professional Services-Sale.Concrete&Other Materials Testing for Various Capital Pmjeds 89453 Pioneer Americas.Inc. 188,429]3 Sodium Hypochlonle 89454 Polydyne.Inc. S&S12.74 Cationic Polymer MO 3-11-92 69455 ROF Consulting 172.577.0 Engineering Services 747 09456 Southem California Edison 80,347.82 Power 89457 Synagro West,Inc. 956,882.59 Residuals Removal MO 3-2g-95 89458 TMV Systems Engineering.Inc. 39.894.00 Software-SCAOA Historian Software 89459 Tula,Ranchgiultan Famis 244,613.W Residuals Removal MO 3.29-95 59460 US Peroxide.L.L.C. 116.207.58 Odor&Corrosion Control Treatment for Coll.SY5,Hydrogen Peroxide&Ferrous Chloride 89461 Helix Electiq Inc. 62,184.60 Construction SP61 89462 J F Shea Construction.Inc. 6,787,001.70 Construction P266 89463 J R Pump Conelruclion 1.400.018.58 Construction P1-82 89464 Margate Construction.Inc. 326,55D.00 Construction Pl-37 89465 Mine Bubalo Construction Co.,In . 051,208.99 Con eru I-2.4A 89466 Union Berk of America Escrow 760.111.30 Conctructbn P265.R dentron 89467 J F Shea Construction,Inc. 447,851.85 Construction J-77 89468 J F Shea Construction.Inc. W.079.04 Construction P2-74 89469 Accounting Optmns.Inc. 5,678.75 Temporary Employment Services 89470 A.Stendard 53.02 Lab Parts&Supplies 80471 ACE Ergonomics IWAD Professional Services-Research Product Usability 89472 ADL Associates,Inc. 1,398.00 Meeting Registration-Division 153 89473 Autism;Safety,Inc. 10,388.70 Safety Supplies 89474 Alhambra Foundry Co.,Ltd. 3,717.38 Manhole Frames&Covers 89475 Allied Electronics.Inc. 231.81 Electrical Paris&Supplies 89476 American Alines 7,057.58 Travel Services $9477 American Fidelity Assurance Company 4SSA0 Employee Voluntary Cancer Indudi 89478 American Training Resources.Inc. 538.31 Safety Videos 89479 American Water Works Assoc.NJaler Quality 244.0D Membership 89480 Applied Industrial Technology 631.12 Mechanical Pads&Supplies 89481 ASTO American Society for Training It Oev 760.00 Training Registration 89482 AT&T CalifomiaMlCI 23.02 Telephgre Service 89483 ATCC(American Type Culture Conection) 489.50 Lab Parts 8 Supplies 89484 Awards&Trophies Company 34.70 Awards&Plagues 89485 AWSI 292.00 Department of Transparence Program Management&Testing 89486 Battery Specialists 181.24 Batteries HhkPNWE%CELd0Up0AP5NARE1CIems Paid espvN00TClalmz Pro serve-d-1547 vie EXHIBIT A me'. Page 1 of 10 ante t, Claims Paid From 04101107 to ON15I07 Warrant No. Voedom Amount Description 89487 Bell Pipe&Supply Co. /DO.04 Mechanical Pans&Supplies 89488 Biocycle 43.00 Books&Publications 89489 Blue Martin Group 3,826.68 Hydraulic Hose Replaxmenl-Ocean Monibnng Vessel Nerissa 89490 Brown&Caldwell 13.509.04 Professional Services P1-37 BW91 Bush&Associates.Inc. 11,448.00 Professional Services 5L2,7-36.5-58,741&8-13-1 89492 Cali arms Auto Collision 3,293.64 Truck/Auto Body Repair-V-516.V-557&V-510 89493 California Specialized Training institute 325.D0 Training Registration BMW Cameron Compression Systems 6.573.33 Mechanical Parts&Supplies 89495 Cameron Waking Supply 221.62 Welding Pans&Supplies BMW Candele CoryomBon 72.D2 Electrical Supplies 89497 Carl Karcher Enterprises Inc. 350.01) Meeting Expenses-All Hands 4/16107 894M CASA 40D.00 Heeling Registration-Div.620(Calif.Association of Sanitation Agenaes) 89499 Casual Gourmel 393.51 Meeting Expenses 89500 CCP Industries. 10,092.29 Jammuel Supplies 89501 CM Government Inc 1,925.99 Software Maintenance 895D2 Center for Environmental Compliance a24.0D Training Registration 89503 Compiler Wireless Airtime 3,061.89 Muslim.Services 09504 Clean Harbors Environmental Services 2,180.00 Hazardous Waste Management Services 09505 Compressor Components of California 7,314.80 Repair&Maineoance Services-(24)Call;LSVB Ignmon&(40)Sweeper Arm Epoxy Casting 895M Computer Protection Technology,Inc 4.32271 Computer Batteries Maintenance Agreement 89507 Consolidated Electrical Distributors;,Inc. 6.060.24 Elecirical Pans&Supplies 89508 Consumers Pipe&Supply Co. 4.437.01 Plumbing Pans&Supplies B9509 Corporate Express 1,617.76 Olfiw Supplies 89610 Cortrch Engineering 3 45 Pump Supplies 89511 County of Orange Auditor Controller 34.0D Encroachment Permit-2418 89512 County of Orange Auditor Controller 52.50 Encroachment Parent-7.36 89513 County Wholesale Electric Co. 169.49 Eleclriral Parts&Supplies 89514 CPS Human Resource Services 500.OD Training Registration 89515 Cronotron Welding Systems,Inc. 793.62 Welding Pans&Supplies 89516 Cummins Cal Pacific,LL.D. 633.08 Tank Heater M517 CW Annual Conference 625.00 Training Repuralion(California Water Environment Association) 89518 Dapper Tire Co. 3.1n24 Truck Tires 89519 David Jenkins&Assoc-Ionic 500.00 Lab Analysis Service 89520 Detection Instruments Coryoration 4.977.31 Instrument Parts&Supplies 89521 Document Imaging Technologies 4,863.45 Scanning to Elec9oMc Media Services-Time Shceb&Payroll Records 89522 Electrical Reliability Semces 16,040.00 Professional Services-Electrical Reliability Testing for Capital Projects 89523 Electronic Specialties 209.80 Electrical Paris&Supplies 89524 Enchanter Inc 1.975.00 Ocean Monilming&Outhll Inspection&Maintenance 89525 Equipment Speialiies Co. 2.328.16 Pirertla Truth Pump 89526 Everpure Water Solutions,Inc 854.76 Mechanical Pena&Supplies 89527 Executive Portraits 106.67 Photograph Services 89528 FEDEX Corporation 10T98 Freight Services 89529 Ferguson Enterprises,Inc. 104.54 Valves 895M Fisher Scientific T520Aa Lab Paris&Supplies 89531 Flat&Vertical,Inc. 1,525.00 Asphalt Cutting,Removal and Excavation Services 89532 Fla Systems,Inc. 217.94 Pump Parts&Supplies 69533 FLW Inc. 1,134.59 Plumbing Parts&Supplies H dimmueExp6t4aV7oNP6HRRmCYIms Pvp Rapm merMarm ftel Room-X-1"7.x1s EKHIBITA sizzles, Page 2 of 10 N1nneW Claims Paid From 04101g7 to 04/15107 Warrant No. Vander Amount Deaerlalon 895M Fontaine USA,Ix. 1,335.25 Mechanical Parts&Supplies 89535 Franklin Covey 81.66 Office Supplies 895M Frost Company 24,146.67 Construction P240 89537 Frys Electronics 86.19 Computer Supplies 895M City of Fu0edon 43.63 Water Use 89539 Garden Grove Sanitary District 187.29 Water Use 89540 Garral Calahan Company 4,498.O2 Lab Parts&Supplies 89541 GSC(General Binding Corp.) 95.44 Office Supplies 89542 G.E.Supply 659.43 Eleddcal Parts&Supplies 89543 Geomatrl Consultants.Inc. I'M0.00 Sail,Concrete&Other Materials Testing 89544 George T.Hall 63.80 Mechanical Parts&Supplies 89645 Gumich Mitchell.Inc. 591.42 MaMianical Parts&Supplies 89548 Global Equipment Co.,Inc, 114.16 Repair&Maintenance Supplies 89547 Grainger.Inc. 2697.84 Mechanical Parts.Tools&Supplies 89548 The Grimstetl Company 620.95 Instrument Parts&Supplies 89549 Hach do Portion Industries 1.076.86 Lab Part&Supplies 895N Harold Primrose Ice 9DD0 Ice For Samples 09551 His Brothers 20,602.62 Chemicals-Odor&Corrosion Control-Newport Trunkline 89662 Home Depot 100.13 Now.Repair&Maintenance Material 89553 Horizon Technology 3,647.14 Lab Pads&Supplies 69554 Hub Auto Supply 912.51 Vehicle Parts&Supplies 89555 City of Huntington Beach 12,428.83 Water Use 895M Industrial Distribution Group 1,182.48 Mechanical&Paint Supplies 89557 Industrial Metal Supply 1,000.05 Metal 89558 Intend Litho 22,857.76 Printing Services-OCSO 05-0 Annual Report 89559 Innedine Engineering 21.65B.98 Mainline Video Inspections 89560 Inorganic Ventures.Inc. 165.99 Lab Parts&Supplies 89561 Insight Public Sector 1,416.13 Software 89562 Interstate Salterias of pal Coast 831.24 Bahamas for Vehicles&Carts 89563 Irvine Ranch Water Distinct 6.75 Water Use 89664 Jensen Instrument Co. 646.69 Pressure Gauge 89W5 Jobs Available,Inc. 315.00 Notices&Ads 89566 Johnstone Supply 1,303.91 Electrical Pan&Supplies 89567 JIM Environmental 2.338.18 Mechanical Paris Supplies B Repairs 89MB Kelly Pepe Co.,L.L.C. 396.52 Plumbing Parts&Supplies 89569 Kforce.Inc. 3.260.40 Temporary Employment Services 89570 Kings County Farm Bureau 43.00 Membership 89571 Kings County Tax Collector 12.658.39 Property Taxes-2nd Instalment 89572 Was Associates,Inc 695.00 Membership 89573 Lee&Ro,Inc. 14,460.82 Professional Services 549 89574 M.J.Schiff and Associates,Inc. 12.055.50 Temporary Employment Services 89575 Maintenance Technology Corp. 272.19 Welding Tools 89676 MassMutual Michel Financial Group 79.04 Exxutive Disability Plan Premium 89577 Material and COMred Services 3,312.00 Temporary Employment Services 89578 McMaster Can Supply Co. 5,621.54 Mechanical Parts.Supplies&Tools 89578 Medlin Controls Co. 286.00 Instrument Parts&Supplies 89500 Mission Abrasive&Janitorial Supplies 219.86 Janitorial Supplies H VapNMEx0EL.4a121OMPEOIARE10NmO P<IE ROWT3WTCIamr Paid Ream-00.1S0i.tls UHIBITA rN[1MC Page 3 p110 wm000r Claims Paid From 04I01107 to OWSR17 Warrant No. Vendor Amount Description 89581 Mitchell Instrument Co. 107.31 Instrument Paris&Supplies 89582 Motion Industries,Inc 1,678.04 Electrical Parts&Supplies 89583 Mr.Shims 1,316.81 Mechanical Parts Is Supplies 695U MIN Technologies CA.Inc. 3,200.00 Professional Services-Computer Syria-Scrous,-IRS Intrusion Prevention Configuatlon 89585 Neal Supply Co. 1.128.18 Plumbing Supplies 89586 Neutron Prods,Inc. 5.799.04 Amoric Polymer 89587 Nlckey Petroleum Co..Inc. 5.297.52 Hydraulic OiMww 895H NOR AM Produclims.Inc. 1.309.00 In-House Training Materials-Lift Truck 89589 NORLAS 145.46 Chemicels 89590 Norms Resignation 142.71 Electric Paris 89591 NPELRA Annual Training Contest. 125.00 Books&Publications 89592 OCS Reprographics 182.77 Printing Service-MO V26I00 89593 01&ce Depol Business Services Division 993.50 Office Supplies 895N OI Analytical 527.98 Lab Pads&Supplies 89595 Onesource Distributors,Inc 11,960.92 Electrical Pads&Supplies 89596 Orange County Hose Company 983.22 Hydraulic Hose Supplies&Pans 89597 Orange County Vector Control Oistrict 230.22 Pest Control 89598 Orange Fluid System Technologies.Inc. 610.T3 Numbing Pads&Supplies 89589 Oxygen Service Company 170.08 Specialty Gases 89600 Pecs Precision Products,Inc 4,091.25 Mechanical Pans.Tools Is Supplies 89601 Pacific Mechanical Supply 569.12 Plumbing Supplies 89602 Pacific Sales 1,238.05 Dishwasher 89603 Parker Supply Company 142.23 CleaneeMegremser 896N Ron Rivena Pallet Inc. 1,527.00 Repair B Meintenence Matters-(150)Pulse, 89605 PL Hawn Company.Ix. 358.51 Electrical Paris&Supplies 89606 Plumbers Depot.Inc. 1,23&.32 Mechanical Pads&Supplies 89607 Pull Industries.Inc. 1,700.49 Electrical Pans Is Supplies 89608 Pincer Industries,Inc. 1,724.39 Electrical Parts It Supplies 896M Pope SctenBfic.Inc. 1.179.22 Lab Pads&Supplies 89610 Pon Supply 36.72 Repair Is Maintenance Materials-Ocean Monitoring Vessel handle 89611 Reuel"Inc. 215.05 Lab Pans It Supplies 99612 Pre-Paid Legal Services,Inc. 810.06 Employee Voluntary Legal Service Inswemx Premium 89613 Propipe 12,283.60 Sewedine Cleaning for City of Tustln&Udnn dposlad County Property 89614 Prudential Overall Supply 2,942.45 Uniforms&Related Articles 89615 Pump Engineering 17.131.38 Pumps&Pump Parts&Supplies 89616 Guild Shepherd Machinery 492.44 Mechanical Pans&Supplies 89617 Reacts Irrigation Service 431.51 Irrigation Pads&Supplies 89518 Renew 8,479.69 Employee Voluntary Life,Cancer&Supplemental Shm-Term Disability Insurance 89619 Remick Corp. 612.53 Lab Pads&Supplies 89520 Relrord Pads&Components.Inc. 74&95 Mechanical Pads&Supplies 89621 Rig Camera Cents..Inc. 15.17 Photo Process,It Sh,lort e,Cameras 895M RMS Engineering&Design,Inc. 2.09CA0 Engineemg Services-Strucural Evaluation of OAF Co. BM23 Rockwell Engmeeing It Equipment Co. 14.694.17 Pump&Pump Pads&Supplies 89624 Rolls Royce Energy Systems.Inc. 970.61 Electrical Pads&Supplies 89625 RTM Lighting&Electronics,Inc 415.41 Elect ical Pads&Supplies 89626 Rutland Tool&Supply 07.99 Mechanical Pads It Tools ON27 SETAC 160.00 MemberaNp HVaprus XCEL4ur2MP5HARM&smsP.4 RapamIDpnciaims Paw Repan-o4-nso7As EXHIBITA nmrzma Page 4 of 10 WIp Clahna Paid From 04101/07 to 04d SM7 Wenant No. Vander Amount Deaedp0on 89628 Shureluck Sales&Engineering 1.901.50 MCWnical Pads&Supplies 89629 Sigma AWnch,Inc. 437.34 Lab Pads&Supplies 896M Southern Counters Lubricants 4730.28 Oil 89631 SPEX CeMprep.Inc. 809.95 Lab Parts&Supplies 89632 Summd Steel 6.616.58 Mebl 89633 Sunset Ford 465.21 Vend.Pads&Service 89634 Sunset Industrial Paris 1,289.14 Mechanical Pads&Supplies 89635 TCH Associates.Inc. 8.543.29 Lab Parts&Supplies 89636 TekSystems 5,880.00 Tempomry Employment Services 69637 The Standard Insurance Company 2,503.01 Exeurtive Dbabllity,Plan Premium 89638 Thermo Electron Corp. 1.802.96 Lab Park&Supplies 89639 Thompson Industrial Supply.Inc. 15,358.06 Mechanical Pads&Supplies 89640 Times Community Name 62.50 Notices&Ad, 89641 Tool's Lock&Sale Service&Saks 65.73 Locks&Keys 89642 Toro Aim.Inc. 271.53 Electrical Park&Supplies 89643 Trencet 1.436.64 Instrument Supplies 89644 Truck&Auto Supply,Inc. 286.66 Aulomotive Parts&Supplies 89846 ULlne 346.13 Mechanical Pads&Supplies $9646 UO Regents 3,795.00 Training Regisiraaon 89647 Ulbe Scientific 734.62 Lab Pam&Supplies 69648 The Unisoume Corporation 492.36 Office Supplies 89649 Vapex.Inc. 6.063.00 Pump&Instrument Pads 89650 Ver zon Wiirelw 304.12 Vdrelw Telephone Semcas 89651 VWR Scientific Produck 3,110.03 Lab Polls&Supplies 89652 The Wackenhut Corporation 13,351.89 Security Guards 89553 Water Elmironmenl Research Foundation 20,11g0.00 Collaborative Biosel Research P101eck 89654 Water Environment Federation 510.00 Meeting Reglseation 89655 Waiem Corporation 3,121.86 Lab Palms&Supplies 896M Waxle San9ary,Supply 490.17 Janilodal Supplies 89657 WEF 742.00 Membership-Water Environment Federation 89658 West Coast Sakly Supply Co. 1,304.79 Safety Supplies 89659 Wakbtce Schram,hlc. 4.350.00 Prpkssional Sandces-J-104 890D W2 TechnMogba,Inc. 124.45 Small Tools 89661 Xerox Corporation 338.34 Copier SupplieslPaper 89662 Xyon Business Solutions.Inc. 2.880.00 Tempomry Employment Services 89W3 C.Eddie Baker 116.65 Mee9ngRmining Expense Reimbursement 89664 Karen I.Baroki 348.05 MeefingRn iimrg Expense Reimbursement IMINS Layne T.BaroWi 284.30 MeekgRmimrg Expense Reimbursement 89666 Thomas S.Handy 314.41 Meele g/Tundi g Expense Reimbursement 89667 Thomas A.Hunt 89.63 MeetinglTraimrg Expense Reimbursement 89668 Igor Kim 275.02 Meshig/Tmmirg Expense Reimbursement 89669 Michael D.Moore 175.00 MeelinglTrainirg Expense Reimbursement 89670 Cann 0.Nguyen 164.98 Meetirg7mining Expense Reimbursement 89671 Jamimn M.Oueste 208.63 Meeling?rainirg Expense Reimbursement 89672 Rib Rimrdp 192.95 MeaenglTrslning Expense Reimbursement 89673 Doug Ruldon 572.47 Meetirg/Tradirg Expense Reimbursement 89674 Juanita M.Skillman 126.92 Meatinglfminirg Expense Reimbursement n dmMeNEXLELeeV2MP$MRFmtlms Pro RepedQDaneaIme Pad Reran-04-1sm.de EXHIBIT A 1.1. Page 6 of 10 Vendor? Claims Paid From OW01107 to 04116107 Warrant No. Vendor Amount Description 89675 Duane T.Smith 301.27 MeslingandiniN Expense Reimbursement 89676 Mancinck S.TayM 182.00 MeeOngfTralning Expense Reimbursement 89677 Robert J.Trad r 405.00 MeelingT ainimg Expense Reimbursement 89678 Paula A.Zeller 73.67 Meeting/Training Expense Reimbursement 89679 Union Bank of California 6.909.40 Construction SP61,Relerdion 89680 P.Tlye DeVries 1.662.61 Employee Computer Loan Program 89681 Orange County Sanitation District 11.402.52 Worker's Comp.Reimi,. 89682 Orange County Sanitation Grand 1,101.08 Petry Cash permit. 69683 Yu-b Tsai 30.00 Employee Refund-Employee Activity Program 896M Wiliam M.Crosby 4,000.00 Claim SeNement 89685 Brown&Cawyrell 90,533.37 Professional Services P2-90 B96B6 Camp Dresser&Melees.Inc 74,859.38 Engineering Service P 1-97 $9687 Corson Engineering 32.050.86 Centrifugal Pumps,Motors&Pump Parts&Supplies 89688 Dudek&Associates,Inc. 160.014.32 Professional Services P268 89689 Ecology Control Industries 29,067.38 Grit&Screenings Removal 89690 WM Use Insurance Company 38,473.26 Group Life,Manager Adds.Life,Short&Long-Term Disability&Optional Tom Life Ins. 89691 OCB Reprographics 56.516.68 Printing Service-MO 1 2 0 89692 So Cal Gas Company 28,489.21 Natural Gas 89693 UC Repeats 122,000.00 Construction-Conversion of As Scrubbers to Sictrickling Fillers 896M American Telephone It Telegraph Corp. 193.50 Long Distance Telephone Service 89695 Allied Electronics,Inc. 36.03 Electrical Perk&Supplies SN96 Amtech Elevator Services 1,400.00 Monthly Elevator Maintenance at PIN.1&2 89697 Applied Industrial Technology 112.32 Mechanical Parts&Supplies 89698 Archie ivy,Inc. 1,315.00 Repaving Services-Area Adjacent to Digester 16 89699 AT&T Universal Biller 1.810.55 Telephone Service 89700 AT&T CaBbntiali 69.89 Telephone Service 89701 Berg-NeNpn Co.,Inc 15.296.19 Hydraulic Lines far(4)Power Unites,(4)Cake Transfer Pumps&Truck Side Power Units 897U Bird B Gone 68.30 Uhrs Mesh Bird New, 897M Black&Veatch Corporation 236.25 Engineering Services-Preliminary Assessment of Digesters A&B 89704 Brennlag Pacific Inc. 196.41 Custodial Supplies 89705 California Dept.of Child Support 1.240.12 Wage Garnishment 89708 California Municipal Treasurers Assoc. 150.00 Membership 89707 California Relocation Services.Inc. 90.00 Office Files Moving02elocalbn Services 89708 CaNbd Fual Systems.Inc. 22,041.63 Fuel Cam Program-District Vehicles&Monitoring Vessel 897M City of Westminster 18131 Water Use 89710 Computer Protection Technology,Inc. 7,864.62 Computer Batteries Maintenance Agreement 99711 Consumers Pipe&Supply Co. 12.61 Freight Charges 89712 Corporate Express 252.21 Office Supplies 89713 Coumil on Education in Management 399.00 Training Registration 89714 California Special District Association 200.00 Training Registration 89715 GWEA Membership 220.00 Membership(Calif Water Environment Assoc.) 89716 Detection Instruments Corporation 1.670.14 Instrument Repairs&Calibration Services 69717 Employee Benefits Specialists,Inc 9.05.79 Reimbursed Prepaid Employee Medical&Dependent Care 89718 Emiranmenfsl Complained Inspection Svee. 1,680.00 Professional Services-Fab.Oil Grease(FOG Program)Inepeelbns 89719 ESRI,Inc. 1p25.00 Training Registration 89720 Ewing Irrigation Industrial 263.45 Landscape litigation Parts&Supplies 89721 Full Spectrum Anelyfics 743.10 Electrical Repair Services Iv M raEnCEL.0022aNPSHARE1Cnbm PaidRepM2WMMms Palo nose-W-1SL7W Page 10 EY.HISITA aim ag WIM007 Clams PaM From O41011117 to 0a151117 Warrant W. Vendor Amount Description 89722 FEDEX Corporation 271.22 Freight Services 88723 Fragment Enterprises.Inc 92.55 Valves 89724 Franchise Tax Board 684.63 Wage Garnishment 89725 Fred C.Orion"Co. 1,013.95 RebuildlReplade Oil Pumps On Oil Cylinder on Penn Gas Compressor 897M Fry.Election. 219.37 Computer Supplies 89727 Gained Callahan Company 60.39 Lob Parts&Supplies 89728 GOMenwesl Wfindow Service 1.120.00 Gioundskeeping Services 89729 DOW Enterprises DBA Property Care Services 2.035.00 Sweeping Services 897M Green Prompt 126.61 Mel Supplies 89731 Hooker Equipment Company 146.34 Misc Vehicle,Parts,Repairs 8 Service 89732 Harrington Industrial Plastics,Inc. 360.37 Mechanical Paris&Supplies 89733 Home Depot 906.35 Mist.Repair&Maintenance Material 897U City of Hunkngmn Beach 28.14 Water Use 89735 Imaging Network Solutions 79.00 Typevinter Repair Service 897M Indiana Child Support Bureau 2911 Wage Garnishment 99737 Internal Revenue Serve 465.00 Wage Garnishment 89738 Intl.Union of Diner.Eng.AFL CIO Local 501 4.558.15 Dues Deduction 89739 Iron Mountain 106.01 Storage Fee-Bid Documents J-33-1 89740 Jamison Engineering Contractors.Inc. 2.11M.20 Repairs&Maintenance Services-Gas Flaps 8 Stone Dods&Exhaust Ventilators 89741 Jays Catemg 504.12 Meeting Expenses 89742 lanes Soil and Lagherd 2.457.21 Prefessional Services-Internal Audtom 89743 Lehigh Safety Shoe Company 143.84 Safety Shoes 897" Court Order 150.00 Wage Garnishment 89745 London Education Services 369.00 Meeting Registration-Division 660 89746 Louis Allen Wotdwide 7,356.00 EMT&Management Training Program-Profession of Management 89747 LucdY Gounmel Foods.Inc 158.95 Meeting Expense B9748 Mid Wesl Associates 8,510.06 Pump 8 Pump Parts&Supplies 89749 Court Order 225.00 Wage Garnishment 89750 National Bond 8 Trust 2,968.12 U.S.Savings Bonds Payroll Deductions 89751 Nau9lus Environmental.L.L.C. 275.00 Lab Parts&Supplies 89752 NRG Thermal Services.L.L.C. 7,136.75 Mechanical Paris&Supplies 89753 OCEA 559.19 Dues Deduction 897M Office Depot Business Services DNlston 1,433.57 Omce Supplies 897% Onesource Distributors.Inc. 506.03 Electrical Parts&Supplies 89756 Orange County Sheriff 644.31 Wage Gerrcshment 89757 Oxygen Service Company 1,526.88 Specialty Gases&Lab Parts&Supplies 89758 Papilm Mechanical Supply 11.23 Freight Charges 89759 PAPA 40.00 Membership 89760 Peace Officers Council of CA 1,611.00 Dues Deduction,Supervisors&Professionals 89761 PeronElmer Las 1,439.35 Instrument Maintenance-Was Spectrometer 89762 Pioneer Americas,Inc 8,809.18 &drum Hypochlorite 89763 Planet Associates 8.897.00 SOM7are Maintenance&Support-Planet IRM 89764 Printerguy 3740.35 Printer Meinlenance 89765 Progressive Power Product. 780.00 Electrical Pads&Supplies 89766 Prudential Overall Supply 112.00 Undomns&Related Articles 89767 R L Abbott&Associates 6,000.00 Kern County 9iosWids Consulting Services 89766 RMS Engineering&Design,Inc. 422.50 Engineering Services-Structural Review Caudal rag Bldg,at Ph,2-Sealant on Expansion Joints H:wePNWE%CEL.M32M5PSHAREICIW4 And RepemN0710Wme Paid Relwn-0,rI"7.tls EXHIBITA Amides Page 7 of 10 S'1Mop7 Claims Paid From 04/01107 to 04115107 Warrant Np. Vendor Amount Description 89788 Selmech Compressor Pump B Engine Products.L.L.L. 5.372.00 Compressor 89770 Shureluck Sales 8 Engineering 420.11 Mechanical Perk,8 Supplies 89771 Siemens,Water Technologies Corp. 200.00 Service Agreement-DI Water Systems at Plants I&2 89772 SkillPelh Seminars 290.00 Training Ragiatnex n 89773 Southern Cabomia Trans Service 4,013.88 Air Conditioning Compressor 89774 St.Croix Senso,Inc. 1,765A0 Olfactometry Testing Services 89775 Sunset Industrial Pens 438.79 Mechanical Pads 6 Supplies 89776 Supers Tree Care 5,800.00 Tree Removal P2.90 89777 Systems Solution Company 4.999.29 Rapers 8 Maintenance Services-Accuse Cod"IRCCTV Sol System 59778 Tektronix Ix 311.17 Instrument Repairs 8 Calibration Services 89779 Teslameriu Ontario 1.124.00 AnalyslaofBbsolios 89780 The JG Press,Inc. 43.00 Subsaiption 89781 The Walking Man,Inc. 425.00 Printing and Distribution for Various Construction Propels 89782 Tony's Lock 8 Safe Service B Sales 167.02 Locks 8 Keys 89783 Tortuga Pool Services 310.00 Maintenance Agreement-Weekly Cleaning of Atrium Pond 89784 Underground Service Alert of So.Calif 3,259.20 Underground Utility IdanrOcationl0i9 Alen Notification Service 89785 United P.R.Services,Inc- 11,316.99 Landscape Maintenance at Plants 1 8 2 and Pump Stations 89786 United Pacel Serice 87.58 Parcel Serviced 89787 United Staten Pastel Service 5,000.00 Postage 89788 United Way 45.00 Employee Contnbulions 89789 Valley Splicing Co. 1,80D.00 Equipment Papeir 89790 Verson California 727.67 Telephone Services 89791 Vortex Corp. 450.96 Dom or Gate Repairs 89792 The Wackenhut Caparallon 7,525.53 Security Guards 89793 WEF 346.00 Membership-Water Environment Federation 89784 West Lite Supply Company,Inc 32.65 Electrical Paris 8 Supplier, 89795 WorldatWon< 1,020.00 Trading Registration 89796 YatelChase Materials Handling.Inc. 112.43 Electric Can Parts 89797 Coat Order 597.50 Wage Garnishment 89788 Zee Michael 584.64 First Ale Supplies 89799 Ann H.Brandvoid 167.13 Meeting/Training Expense Reimbursement 89800 Ann CraBon 130.57 Meeting/Training Expense Reimbursement 89801 Danny Dinpn 806.69 Meetilgamining Expense Reimbursement 89802 Kimberly A.Endkaon 63.39 MestingRroining Expense Reimbursement 89803 Micl eb Farmer 9D.00 MeelsWiTraining Expense Reimbursement 89804 Mike J.Herrera 72.00 MsetingRraining Expense Reimbursement 89805 Vladimir A.Kogan 682.96 Meerng?rWMng Expense Reimbursement 89806 Like Kovse 33.27 Mse6ngRrahning Expense Reimbursement 89807 Theodore M.Mauls, 549.31 MeetingRrainirg Expense Reimbursement 89808 Mkhsel N.Morey, 346.03 Meetingamining Expense Reimbursement 89809 Umash N.Murphy 121.87 Meetingrtraming Expense Reimbursement 89810 Dawn K.Myers 51.01) Meeting/fraining Expense Reimbursement 89811 Subesh Mysore 65.35 Meeting71ralnln9 Expense Relmbunement 89812 Fred J.O'Brien 135.26 Meetingnratning Expense Reimbursement 89613 Doug E.Rech 110.00 Meetingliraintng Expense Reimbursement 58814 Victor A.Salinas 985.78 MeeincRrainin9 Expense Reimbursement 89815 Robert J.Thistle 82.66 Meetingrr sining Expense Reimbursement H ift~E%CEL IIecoMP"Fa Cbbu his ReP imnMialms Pala Remit-n4.15d]tle EXHIBIT A "ift Page 8 of 10 Mgmar, Claims Paid From 04101I07 to 041151W Warrant No. Vendor Amount Description 89816 Edward M.Tomes 506.00 Meetim,araining Expense Reimbursement 89817 Joanne Ward 36.00 Meekiglrtmaining Expense Reimbursement 89818 Abom Prevent Real Estate 369.06 Reconciliation User Fee Refund Program 89819 Bay City Plaza Partners 2,226.34 Reconciliation User Fee Refund Program 89820 Dennis M.Bevins 1,7441.09 Reconciliation User Fee Refund Program 89021 Brook Investment of Buena Park 7,419.88 Reconciliation User Fee Refund Program 89822 Colfax Equities 1,472.18 Recmimliation User Fee Refund Program 89023 Cedanvoods Business Park&LP. 5.960.21 Reconciliation User Fee Refund Program 89824 Tatiana Chang 979.95 Employee Computer Loan Program 89825 ViN iam C.Cummings 2,804.52 Remndliation User Fee Refuntl Program 89826 County of Orange Auditor Controller 645.00 Administrative Fee-Adustments to Property Tax Bills 89827 Voided Check - - 89828 County of Orange Auditor Controller 495.00 Administrative Fee-Adjustments to Property Tax 198s 89829 County of Orange Author Controller 870.00 Administrative Fee-Adjushnens to Property Tax Bills 89830 County of Orange Audtor Controller 825.00 Administrative Fee-Adjustments to Property Tax B0ls 89831 County of Orange Auditor Controller 645.00 Adminisbakve Fee-Adjustments W Property Tax Bills 89832 Fronk J.De Samos 1,680.86 Remmilation User Fee Refund Program 89833 Lewis Paris Cargo 911.34 Reconciliation User Fee Refund Program 89834 Eugene G.Cup,Jr,do Remerc MgmL 501.68 Reconciliation Use Fee Refund Program 89835 E K&Kousatye Venugppal 748.06 Remncillation User Fee Refund Program 89MB Equity Property Tax Group,LLC, 18.046.46 Reconciliation User Fee Refund Program 8907 J.Ray Estrella 1,866.23 Reconciliation User Fee Refund Program SM38 EESA In restnent Commas,LLC. Si Reconciliation User Fee Refund Program 89839 Gates Warmer,L.L.C. 826.27 Reconciliation User Fee Refund Program 89840 Lucia Gomez 914.65 Remneliation User Fee Refund Program 89841 Guardian Industries Commissar 2.867.88 Reconciliation User Fee Refund Progmam 89dx2 Joyce A.Madman 168.47 Reconciliation User Fee Refund Pro9mm 89843 Jack in the Box,Inc 8,MA3 Reconciliation User Fee Refund Program 89844 JML Enlemnses,L.L.C. 3.053.77 Reconciliation User Fee Refund Pmgmm 89MS K S S 1,053.39 Remncillation User Fee Refund Program SN46 Beverly Jane Karlchnw cyo Don Kadcle er 1,031.94 Remncillation User Fee Refund Program 89647 Ead L.Kearney 626.77 Reconciliation User Fee Refund Program M48 Lomco 6,755.13 Reconciliation User Fee Refund Program 89849 Diane Judd ll R Warren Fulmer 621.29 Reconciliation User Fee Refund Program 89850 Maude-Kadela.LL.C. 689.47 Recdncilistion User Fee Refund Program 89851 Mimi's Cafe 1,827.85 Reconciliation User Fee Refund Pfogmm BM52 Philip L.Myem co Tope Financed Com 514.69 Reconcilii User Fee Refund Program 89653 Thank Van Nguyen 1.121.29 Reconciliation User Fee Refund Program 89854 Dan R.O'Neil Trust 3.490.33 Reconciliation User Fee Refund Program 89655 Pacific Quality Patrons 1,617.65 RecomiliaBon User Fee Refund Program 898M PM Realty Group 8.816.23 Reconciliation User Fee Refund Program $9857 Bmtl S Cathryn Roos 1,823.70 Reconciliation User Fee Refund Program 89858 RDB,L.L.C. 1,081.19 Reconciliation User Fee Refund Program 89859 Rose M.Makes 1,250.00 Claim Settlement 89860 Joseph Sabot 2,1W.58 Recondliation User Fee Refund Program B9861 Scandia Enterprises,L.P. 1,W0.15 Reconciliation User Fee Refund Program 89862 Leonard F.Srhum lvir 917.10 Reconc8latlon User Fee Refund Program ewapna.aolE%CEL maw21ywasnAREcuims Paid Repanot( ia,ma Pam Rerun-04-15o7.a EXHISITA .1. Page 9 of 10 W00102 Clxlms Pam From 04101107 to 0VIS107 Warrant No. Vendor Amount Description 89063 Clifford L.Shinn 3762.34 Recontiliapon User Fee Refund Program 89864 Paul G.Spindling 554.13 Reconciliation User Fee Refund Program 89865 Springdale Street,L.P. 1,377.07 Reconciliation User Fee Refund Program 89866 Sy Ventures I.L.L.C. 3,846.25 Reconciliation User Fee Refund Program 89867 SST 592.33 Reconciliation User Fee Refund Program 89860 Talus.L.L.C. 455.69 Reconciliation User Fee Refund Program 89869 Tamed HeaMrare Corporation 13,414.96 Reconciliation User Fee Refund Program 89870 The Imme Company 2.598.51 Renomination User Fee Rehmd Program 89871 Robert H.Thompson 294.67 Reconciliation User Fee Refund Program 89872 Tustin Properties 4,756.25 Reconciliation User Fee Refund Program 89873 Vista Beach S Slater Centre 1,468.34 Reconciliation User Fee Refund Program 89874 1400 Mantansn Properties,L.L.C. 1,112.72 Reoorwiliation User Fee Refund Program Total Accounts Payable-Warren 16,94].11g.55 Paeroll Disbursements 36486 - 36569 Employee Paychecks $ 121,617.72 Biweekly Payroll(0,1111107) 36570 - M574 Employee PayUe us 15.789.55 Interim Payroll-Vdd.Reissue,Temliro0an 8 Rebus(04ro9107-0411=7) 139079 -139536 Direct DeposO Statements 1,144,653.55 Bi-okly Payroll(04/1 tm7 Total Payroll Disbursements 1,282,060.82 Wire Transfer Payments OCSD Payroll Taxes 8 Contributions S 685,501 Biweeky Payroll(0411 VD7) Deutscre Bank 545,115AS Series 20M Certitudes of Participation January Imams[Payment Bank of Nara,York 130,51678 Series 1993 Refura 1p Contractors of Padldpation March Interest Payment Total Wire Transfer Payments .36 , 41.7 Total Claims Paid 04101107-04115107 $ 19.590.322.13 NWePN ExCELdW 2MPSR RMIB,ma PB,d Re{aR000Mlalms Paid Rem4.041"74z EXHIBITA 5nou : Page lad 10 511.7 Clelma Paid From 041 to 0G30m7 Warrant No. Vendor Amount Description Accounts Payable-Warrants 89875 American Existed 11 35,707.48 Purchasing Card Program,Misc.Supplies&Services 89876 Black&Vealdt Corporation 116,098.74 Enginpednp Servidsa-P1-102&. 77 89877 Blue Cross of California 407.425.57 Modest Issuance Premium 89878 Delts Dental 57.305.26 Denial Inwards Plan 89878 Earth Tech,Ina 51.969.03 Professional Services Me 89880 Ecology Control Industries 33,886.44 Grit&Screening,Removal 89881 Hill Brother 45.11M.00 Chemicals-Odor&Corrosion Control-Newpon Trunkline 89882 Kaiser Foundation Health Plan 67,676.08 Medical Insurance Premium 89883 Kemire Water Solutions.Inc. 242,313.W Ferdc Chloride 898U Komex H2O Science,lnc. 39,11117 Professional Services P1-98 89885 Malcolm Finds,Inc. 59.301.58 Professional SeMdss 11-26 89886 Mettler Toledo 25,098.70 humiliation&Training.-Pit.1 and Pa.2 Truckloading Station Scale Mgmt.Software Replacement Pro,. 89887 Orange County Water District 2,615,416.15 Joint GWRS Project J•36&GAP Water 89888 Pioneer Americas.Inc 169.425.42 Sodium Hypochlodte 99889 Science Applications International 29,342.43 Oman Monitoring;MO 64-W 89890 Southern California Edison 167,236.95 Power 89891 Tule Ranch/hAamn Farm, 232,961.11 Residuals Rearm MO 3-29.95 89892 US Peroxide,L.L.C. 140,375.43 Odra&Corrosion Control Treatment for Coe.Sys.;Hydrogen Peroxide&Ferrous Chloride 89893 Ammon International 329,767.66 Construction I.24P 89894 Voided Check 89895 Voided Check 89886 A W Chesterton 681.43 Mechanical Pads&Supplies 69897 ABB Automation,Inc. 715.00 Repair&Maintenance Servloe•Flow Melts 89898 Absolute Standards,Inc. 55.00 Lab Perot&Supplies 89898 Accounting Options,Inc 3,835.00 Temporary Employment Sevices 89900 Accurate Measurement Systems 702.82 Electrical Pale&Supplies 89901 AxuSanderd 159.57 Lab Parts&Supplies 89902 An Dud Cleaning Company 7,750.00 Air Dud Cleaning Services 89903 Argos Batty,Inc 5.330.52 Safety Supplies 89904 Allani Insurance Sevices,Inc 4.888.00 Came lrwrands 89905 Amedcan Air Filter.Inc. 1,496.69 Air Fillers 89906 Ameridsn Machinery&Slade,Inc 304.32 Mechanical Pads&Supplies 89907 Aneacan Society of Chill Engineers 250.00 Membership 89908 AppleOne Employment Sentok 11,172.50 Temporary Employment SemPoes 89909 Applied Industrial Technology 33.14 Mechanical Pads&Supplles 89910 AT&T Universal Bill. 509 85 Telephone Se ace 89911 AT&T CelifomtsR4Cl 958.93 Telephora Service 09912 Amended Telephone&Telegraph Corp. 23.67 Telephone Service 89913 ATCC:American Type Culture Collection 510.50 Lab Para&Supplies 89914 Awards&Trophies Company 242.32 Awards B Plaque, 89915 AVJSI 1,586.20 Department of Tanspo tatim Program Management&Testing 89916 Basic Chemical Solutions,L.L.C. 15.893.69 Sodium Blsulfite&Sodium Hydroxide 89917 Battery Specialties 369.45 Beilenes 89918 Bell Pipe&Supply Co. 142.23 Mechanical Pads&Supplies $9919 Bloldeneux Vilek,Inc. 683.07 Lab Pads&Supplies 89920 Boyle Engineering Corporation 1,545.03 Professional Serricas 1.2.4 89921 Brown&Caldwell 200.00 Needs&Ads R WpraxlEXCEL diN2PAP9URWlaM%Paid RepdnmpMlabna Pn4 Repel-.doa7.ab EXHIBIT B fiMIMc Page 1 of 8 WWMT Claude Paid From OM161O7 to OWMT Warrant No. Vendor Amount Description 89922 Burke Engineering Co. 1.576.81 Electrical Parts&Supplies 89923 C Temp,Inc. 3,857.22 Mechanical Parts&Supplies 89924 County crOrerge 1,000.64 MamL Agreement-RepairAnstallation of Mae.HantlheM&Vehicle Radim 89925 Calm Applications,Inc 3,379.54 Safety Supplies 89926 California Department of Fish and Game 222.00 2007 Scientific COlk+cting Penney Applications 89927 California Filtration Seim antl Service 1,627.04 Mechanical Parts&Supplies 89928 CALPLY 446.28 Ceiling Panels 89929 Cambridge Isotope Labs 1,649.74 Lab Parts&Supplies 89930 Camemen Comsuession Systems 2,393.93 Mechanical Paris&Supplies 89931 Cameron VhAleing Supply 165.94 Welding Parts&Supplies 89932 Carl Warren&Co. 236.50 Insurance Claims Administrator 89933 CASA 400A0 Meeting Registration-DWision 610 MN CASH 1,200.W Meeting Registration-Divisions 110&150 89935 Cassaruugh Machine Wake 2,604.60 Repair Is Maintenance Services-Pump Parts&Bell Hotel 89935 CCG Systems,Inc. 13,000.00 Fleet Maintenance Spgware 89937 CDN Isotopes 1,890.00 Lab Parts&Supplies 89936 CEPACompany 1.935.00 Lab Equipment Maint Service 89939 Cingular Wireless Airtime 241.52 Weless Servies 89940 CMM 60.00 Training Registration(Construction Management Assoc.of America) 89941 Columbia Analytical Services.Inc. 14,124.00 Analysis of Wastewater,Industrial Wastewaer&Siosollds 89942 Compressor Compensate of Catifomia 8,950.00 Repair&Maintenance Services-Ignitors on LW Engine Gas lriector 89943 COMUCOrn Systems,Inc. 10,699.12 Software Licenses-MS Business Scorecard 89944 Computer Protection Technology,Inc. 1,923.62 Computer Batteries Maintenance Agreement 89945 Consumers Pipe&Supply Co. 306.66 Plumbing Pads&Supplies 89946 Confused Nation Solutions 344M Electrical Paris&Supplies 89947 Copy Pass,Inc 16,091.89 Claims Settlement P2-60 89948 Corporate Express 4,943.49 Office Supplies 89948 CSAMSCO 3,276.88 Metlmnical Pam&Supplies 89950 Curley Wholesale Electric,Inc. 19,610.69 Electrical Pads&Supplies 89951 CINEii Annual Conference MOM Training&Meeting Registration -Di%nuon 750(California Water Emmimnment Association) 89952 CVIEA Membership MOM Membership(Calif.Water Envfonment Maine) 8990 Davidns Tree Service 3,985.110 Tree Maint Service 899M Detection Instruments Corporman 1712.71 Instrument Repair&Calibration Sensors 89955 Dunn FAwards Corporation 234.26 Paint Supplies 89956 E.Sam Jones;DlsMbulors,lac. 356.33 ENcfical Parts&Supplies 8907 Eagle Picker IrMustries,LL.C. 200.90 Lab Parts&Supplies 89956 Eagle Perfection of Calllornte 275.00 Bldg.Security Alaren Sen rces-No.County Yard 89959 Encumber,lac 3,100.00 Oman Medical&Outrall Inspection&Maintenanm 89980 Braden Corporation 605.00 Repair&Maintenance Materials 89961 ENS Respurms,Inc. 10,000.00 Podessipnsl Services-Legislative Advocate 89962 Environmental Resource Associates 144.55 Lab Pads&Supplies 89963 Equipment SpeaWlies Co. 1,551.70 Presume Slurry Trash Pump 89964 ESRI,Inc. 11,250.00 On-Site Training- VcGIS II 69965 FMFX Corporation 95.46 Freight Services 89966 Filbed,International 55.00 Books&Publications 89967 Fiehar Scientific 3,515.31 Lab Parts&Supplies 89968 Flo Systems.Inc. 238.58 Pump Parts&Supplies 89969 Forkert Engineering&Surreying,Inc. - 2.660.99 SMvaying Serrices-Various Capital Projects HMepamsE%CELAIsU2WJSHR9fleYimr PW e¢ppniOJTCIyms Ptie Farm-00.ape},W EXHIBIT B fees aS Page 2 of 8 9102007 Claims Paid From OM18ro7 to 04130107 Warrant No. Vendor Amount Description 89970 France Profiles 670.75 Human Resources Background Checks 89971 Gary D.Gordon Services 2,000.00 On-She Training Registration-Lab Spill Response 89972 Gates Fiberglass installers 2,023.25 Flbeglase Repair 89973 GBC(General Binding Corp) 49.83 Office Supplies 89974 GeomaWs Conwllants,Inc. 9,973,00 Soils,Concrete&Other Materials Testing 89975 George T.Had 186.28 Mechanical Pads&Supplies 89976 Geplivity,Inc. 2,120.00 Professional Smvoin-Flow Monitoring at OCSD Manhole 89977 Global Awl Inc. 206.74 Stainless Steel&Plastic Asset Tags 89978 Grainger,Inc. 1,940.65 Mechanical Parts,Supplies&Repairs 89979 Gaybor Electric Cow"" 11 WOOD OnSits Technical Training-Proaon 32 PLC&Programming 89980 Great Western Sanitary Supplies 69.39 Janitorial Supplies 119981 Hach rlo Furrow Indmhies 2.132.03 Lab Pads&Supplies 89982 Heo0ur Engineering Group 14.716.60 Impeller Liners 89983 Harrington Industrial Plains,Inc. 3,770.40 Pump.Hose Assemblies&Mechanical Parts 899M Heat Technology Products 141.51 Mechancel Pads&Supplies 89985 Home Depot 281.58 Min.Repair&Maintenance Malenal 899M Hub Auto Supply 14.46 Vehicle Parts&Suppliers 89987 Hummingbird Communicalions Ltd 787.82 So&ware MainL 80H Industrial DislubuXon Group 1.123.42 Mechanical Farm&Supplies 89989 Industrial Filter Manuadurem,Inc. 1.014.57 Fillers 89990 Industrial Threaded Products,Ina 3.595.03 Inventory Fasteners 89991 Insight Pudic Sector 1,281.15 Software 89992 Jamison Engineering Contractors,Inc. 10,1384.60 Installation&Upgrade of On Faye&Stem Drains at Various Locations:Leak Repairs:8 Digester 11 Repairs 89993 Jays Catering 599.53 Meeting Expenses 89994 Johnsorre Supply 2.847.04 Electrical Parts&Supplies 69995 Joshua Casey Corporate Training 1.550.00 Training Registration 89996 Kansan InduslnW Technologies 5.056.33 Machine Supplies 89997 Kelly Pipe Co..L.L.C. 962.94 Plumbing Pads&Supplies 89998 Kforce,inn 1,716.00 Tempoary,Employment Services 899N Kings County Fern Bureau 250.00 Membership 900M Ku folder,Inc. 2,297.00 Sods.Concrete&Older Materials Testing 90001 Lab Safely Supply.Inc 428.72 Locke&Keys 90002 Lerman Education Services 17`9.00 Training Registration SM03 Louu Allen Woddaids 19,500.00 EMT&Management Training pr0gam-Profession of Management SOON LUS"-CSl 429.23 Capful Aseea Tags 90005 M.J.Schi6and Associates.Inc 2,485.64 Pmfeseiowl Bevices J-106 90006 Maintenance Technology Cord. 1.739.91 Mechanical Pads&Supplies 90007 Mown Wert,Ix. 1,815.59 Mechanical Pads&Supplies 90008 National and Conrad SwAces 3.680.00 Temporary Employment Services 90009 McMaster Cam Supply Ca 4,287.44 Mechanical&Lab Pads,Supplies&Tools 9OD10 Medlin Controls Co. 311.35 Instrument Pads&Supplies 90011 Mission Abrasive&Janitorial Supplies 198.39 Janitorial Supplies 90012 Mission Uniform Service 278.49 Uniform Rentals 9D013 Motion Industries,Inc. 1,163.82 Hardwme Supplies 90014 N.Guns&San.Inc. 434.49 Reflective Tape 90015 National Aroma of Clean Water Agencies 675.00 Meeting Registration-Division 610 ON16 National Water Res haroh Institute 10.000.00 Membership Dues 90017 Neal Supply Co. 1,383.26 Plumbing Supplies HbeinuiWEXCEL.0 acatuaP6HARFC41mr Paid Relbrm00MIM,pro RWA-prdpa].tlr EXHIBIT B fe02104, Page 3 of 8 YIa W07 Claims Paid From D411=7 to OQMT warrant No. Vendor Amount Description SM18 Neutron Products,Inc 8,697.94 Antonio Polymer 90019 New Hodson,D.L.D.of Santa Ana 1,020.00 Or Site Tradig-MS E%cr12003 90020 Ne%lel Communications fill Air Time 90021 Nayo&Moore Corporate Accounting 23.018.50 Professional Services-Soils,Concrete&Omer Materials Testing for Various Capital Projects 90022 Nprcel Controls Incorporated! 612.86 Instrument Supplies 90023 Norms Refitgeradon 202.47 Electrical Pads&Supplies 90024 O C Tanner Recognition Company 121.19 Employee Service Awards Program 9D025 OCB Reprographics 14.528.57 Printing Service-MO lt26g0 90026 Office Depot Business Services Duration 908.05 Office,Supplies 90027 Oneaource Disabutors,Inc 11,546.15 Electrical Paris&Supplies W028 Orange County Hose Company 32.0 Hydraulic Hose Supplies&Pads 9D029 Orange Fluid System Technologies,In . 2.866.69 Plumbing Paris&Supplies 90030 Ov gen Service Company 3,209.48 Specialty Gases&Lab Pads It Supplies 90031 Pacific Mechanical Supply 1.813.80 Plumbing Supplies 90032 Pacific Supply 40.19 Mechanical Pads&Supplies 90033 PerkinElmer Las 839.03 Lab Paris&Supplies 90034 PL Hawn Company,Inc. 565.50 Electrical Parts&Supplies 90035 Poydyne,Inc. M.58133 Cationic Polymer MO 3.11-92 90036 Pompaction.Inc. 796.00 Pump Oil Fillers 90037 Pod Supply MZ63 Lab Pads&Supplies W038 Power Design 1,520.01 Elecprical Pads&Supplies 90039 Power80 Products,tec 2,740.15 Pump Pads&Supplies 90040 Pra%air.Inc 71.35 Lab Paris&Supplies 90041 Primary Source Office Furnishings,Inc. 4.999.04 Office Furniture&Misc Equipment 90042 P..Work Injury Canter 890.00 Medical Screenings 90043 Prompt, 3,907.31 Sewer ine Video Inspections or Sewerfine Cleaning for City of Tusen&Unincorporated Count'Property 90044 Prudential Overall Supply 1.517.05 Uniforms&Related Articles 90045 Pumping Schepps,Ina. 1 pTT S5 Pumps 90046 Iawrence Ragan Communications.In . 279.00 Books&Publications 90047 Red VAN Shoes 288.77 Salary Shoes 90048 RMS Engineering&Design,Inc 3.640.0D Engineering Services-Structural Evaluation&Design Services-Bldg.6 Floor Crack 90049 Safety-Kleen 665.56 Pads,Washer Lease,&Service 90050 SC Fuels 2,555.48 Bulk Diesel Fuel 90051 Scott It WhileheaE 165RO Legal Services-Labor,Ernptoyee Relations&Representation 90052 Sewer Equipment Company M America 5T9.04 Hose Guides 9p053 SGS Teskom.Inc. 25.21 Telephone Line-District Vehicle SMOG Spread 90051 Shamrock Supply Co.,Inc 1,336.45 Mechanical Parts,Supplies&Topls M055 Shun duck Sales&Engineering 769.07 Mechanical Parts&Supplies SCOW Siemens Water Technologies Cmp. 75.01) Service Agreement-DI Water Systems at Pants 1&2 90057 Sociey for HR Management 1,345.00 Training Regatrallpn 90058 Source Graphics 5.68 Service Agreement 90D59 Spectrum Laboratory Products.Inc. 117.90 Lab Pads It Supplies 90060 SPEX Ceddmi Inc. 410.13 Lab Pads&Supplies 9DO6f Sate Water Resources Control Boats 498.00 Annual Fee for Storm Water Permit 90062 Summit Steel 280.15 Meal 90063 Sunset Industrial Pads 366.58 Mechantcel Pads&Supplies 9006E Technical Service Group,tea 1,381.60 SCAOA System VAX Service Agreement 90065 Teledyne RO Instruments,Inc 2,000.00 Training Registration Ntleplra[NE%CELEbV]N4PbMRRfltleuna Pat fleltlrr13W1'CaM1rn Pro nation-04 07.ds EXHIBIT En4lplk Page 4 of 8 WIM2007 Claims Paid From 04/16107 ro 04/30107 Warned No. Vendor Amount Description 900M Termed,International 1,009.00 Pest Control 90067 Tedemedra Ontario 1.906.50 Analysisof Biosolbs 90068 Thompson Imustlal Supply,Inc. 5,558.86 Mechanical Pad,Supplies&Pump Motors 90069 Times Community News 143.75 Notices&Ads 90070 T-Mobite 1D7.84 Wireless Air Time 90071 Tony's Lock&Safe Service&Saks 10.78 Lacks&Keys MOn Track&Auto Supply,Inc 119.36 Aufomotive Paris&Supplies MD73 The Unisource Corporation 455.24 Office Supplies M074 United Patific Services,Inc. 17,067.51 Landscape Maintenance at Plants 1&2 and Pump Stations 90075 United Parcel Service 123.61 Pascal Services OD76 US AirmndNonirg 0isbibutors.hsc 816.65 Electoral Parts&Supplies 90077 Varian.Inc. 460.20 Lob Pads&Supplies 90078 Veribon California 138.98 Telephone Services 90079 Verses Pluming 120.00 Service Contract-Testing&Ced.Backeow Devices at Plls.1&2&Pump SM. 900M Vodex Corp. 1.544AS Door or Gale Repairs 90081 VVW Scteofific Products 15741.31 Lab Peels&Supplies 20082 The Wackenhut Corporation 6.410.07 Seuuity Guards 90083 Wallingford Software,Inc. 8.797.95 Annual Software Maintenance 90084 Water Corporation 1.361.68 Lab Pads&Supplies 90085 Miss Sanitary Supply 1,638.64 JanWal Supplies ODOM VJEF 154.00 Membership-WaMr Environment Federation 90087 West Liie Supply Company.Ion. 5,514.45 Electrical Pasts&Supplies 90068 Match Solutions.Inc 14,250.00 Outside Laboratory Services-Core Ocean Monitoring Program 90089 Xerox Corporation 2.109.69 Copier Leases&Manned Services 90090 Xyom Business Solution,Inc 3,120.00 Temporary Employment Services 90091 Zimmerman Yacht Maintenance 258.00 Repair&Maintenance Semce-Oman Monitoring Vessel Nersse 90092 Jeihey L.ArmstmW 194.50 Meeting7Taning Expense Reimbursement 90093 Jude Brooks MOD Meeting/Tra sng Expense Reimbursement 9009/ James L.eunor 206.OD Meeting/Traang Expense Reimbursement 90095 Ann Craflon 391.22 Meefin9/Tnemg Expense Reimbursement 900M Michad L Gold 228.46 Meetin97rneeg Expense Reimbursement 90097 Dale O.Henderson 1.035.36 MeebrgRmming Expense Reimbursement 90098 Patrick;L.Joins 18.00 Mestir ffmining Expense Reimbursement 90099 John Kavukba 802.64 MeeNgrtralning Expense Reimbursement 90100 Laurie J.Klinger 323.80 Meeting/Traintng Expense Reimbursement 90101 Paul Loehr 129.65 Mestirgnmerning Expense Reimbursement W102 Denise M.Mail 4225 Meeling/Tranitg Expense Reimbursement gD1D3 Michael D.Maamrson MOM Meeting/Trading Expense Reimbursement 90104 Pwvi R.Pdd 72.00 Meeling/Rai ang Expanse Reimbursement W105 Sash Redinger 41.57 Meefingy7mineg Expense Reimbursement 901M Henry R.Salgado WIL43 Mceting/Tmeeg Expense Reimbursement 90107 Alexander Shaaban 103.00 MeebngnTraining Expense Reimbursement 90108 Cud V.Shelp 530.92 Meetingiffr ing Expense Reimbursement 90109 Warren L.Skmin 635A8 MaidngrTnining Expense Reimbursement 90110 James G.Tintle 450.45 Meefing/Tnlnmg Expense Reimbursement 90111 Morris C.Ying 99971 MeetingRnining Expense Reimbursement 90112 Steve Ascension 734.63 MeebnglTminirg Expemie Reimbursement 90113 County of Orange Auditor Controller - 040.00 Administration,Fee-Adjushnents to Progeny Tax Bills X Wapn9fErE%CEldu120UP91ArECWms Pad lul WnClmma Paid Regan-wdnU]W! EXHIBITS ANllmk Pape 5 of 8 vromnr Claims Paid From 04116I07 to 0410MT Warren)No. Vendor Amount Description Bill 14 James Ferryman 1.188.14 MeetirgyTreinirg Expense Reimbursement 9D115 MaNh Talebi 1.267.87 Memingrbeming Expense Reimbursement BD116 Barnard Solatanche Joint Venture 1,762,865.00 Construction I-1 OA 90117 UtS.National Bank 950.321.20 Construction 1-10A,Retention 90118 Slate Water Resources Control Board 261.00 Sletewide Requirement Waste Discharge Fee-Notice of Intent 7-32-1 90119 Ale Products&Chemicals.Ion, 52.273.30 0&M Agreement Oxy.Gen.Sys.MO 8-9-89 90120 Clean Harbors Environmental Services 28.233.29 Haaallous Waste Management Services 90121 Computer Protection Technology,Inc 37,215.75 Maintenance Agreement-Computer Bafteries,Recliners&UPS System 90122 Environmental Ergineemg B Contracting 26,000.00 Prof.Services-PreparaboMraming-Indus.Wastewater Tani.Operator Tmg,Course Vlll 901M Eadh Tech,Inc 180,715.48 Professional Services Pl-100 90124 Omidontal Energy Marketing,Inc 73,423.44 Natural Gas for CenGenyCOGen 90125 Soulhem California Edison 174,223.84 Prover 90126 Sy a,;ro Word.Inc 615.585 8g Residual.Removal MO 3-29-95 90127 ACE Ergommice 581.59 Ergonomic Equipment&General Office Safety Training;Minor Equipment 90128 Air9as Saety,Inc. 434.10 Safety Supplies 90129 Arch Wireless Operating Company,Im. 94933 Wireless Services M130 AT&T Universal Biller 876.26 Telephone Service 90131 BC Wire Rope&Rigging 3.004.34 Mechanical Pads&Supplies 90132 BNI Building Name 298.30 Books&Publications 9D133 Califomia Dept ofCNW Support 1.240.12 Wage Garnishment WIN California Recreation Company 2.494.61 Boat Slip Rental Fees for Ocean Monitoring Vessel Nedssa 90135 California Relocation Services,Inc. 240.0D Office Files MovirlgAteloprtion Services 901M Cad Warren B Go. 300.00 Insurance Claims Administrator 90137 Casual Gourmet 1R63.75 Meeting Expenses 90138 Columbia Analytical Services,Inc. 270.00 Analysis of Wastewater,Industrial Wastewater&Blosolids 90139 County of Orange Auditor Conbdler 717.50 Encroachment Permit 7-36 90140 County of Orange Audtor Controller 278.00 Enaoec mend Permit Tit 90141 CR&R.Inc. 630.00 Container Ramses&Waste Disposal Service 90142 Culligan of Orange County 63.45 Maine Agreement-Con Gen Water Softener System 90143 CWEA Annual Conference 120.00 Meefirg Registration(Califomia Water Environment Association) 90144 DOB Engineering,Inc. 1p1Z59 Professional Services-Grant Management 90145 Voided Check - - 90146 Employee Benefits Specialists.Inc. 9,485.79 Reimbursed Prepaid Employes Medical&Dependent Care 90147 Ewing lmgation Industrial 100.17 landscape Irrigation Parts B Supplies 90149 FEDEX Corporation 126.14 Freight Services 90149 Filter Belt,Inc. 13,270.00 Filler Press Belts 90150 Forensic Analytical Smashes 160.00 Asbestos Andreas&Miomampy 90151 Fdmtatn Valley Rancho Hand Wash 751.00 Vehicle Washing&Waxing Services Sp152 Franchise Tax Boxvd 524.51 Wage Garnishment 90153 Pryor Seminars Comer Track 99.00 Training Registration 901M Fry.Electronics 301.66 Computer Supplies 90155 Garrett Callahan Company 3.446.17 Chemicals 20156 Gallen Bell Products 7,111.50 Contractual Services-Ireedidde Commit of Manholes 90157 Goldenwesl Whom Service 1,360.00 Maintenance Services-Roof Cleaning-Various Bldgs.;tab Cleaning;B Pressure WasNSWeeping Services 90158 Greybor Electric Company 238.39 EIW..l Repair&Maintenance Service. 90159 Guarantee Remd.Management 656.69 OBSke Remds Stgregelshred Services 90160 Harker Equipment Company 17.93 Misc.Vehicle,Parts,Repays&Service 90161 HaroM Primmse lee 140.00 Ice For Samples XWashudi oxic]aMPSHAR61Ctarm;Pap RepmaM MINUms Ped Repon-Ui 07.W EXHIBIT "Ift Page 6 of 8 .npgml Claims Paid From 04/1&/07 to 04y30107 Warrant No. Vendor Amount Description 90162 Herrington Industrial Plasucs,Inc. 1,006.98 Mechanical Pads&Supplies 90163 Haslec Inc. 80.43 Meter Rental Charges&Mac.Supplies-Inudlitouch System Complete Mail System 901" HeAeO Pecked Company 7,80.96 (1)HP Seder for FIS Upgrade 90165 Home Depot 781.79 Mac.Repair&Maintenance Material 90166 Imaging Notarial,Solutions 79.00 Tyyewnter Repair Service 90167 Indiana Child Support Bureau 2W.00 Wage Garnishment 90168 Indusral Air Technology M5.48 CA Sales Tax(Invoice 30654) 90169 Industrial Throated Products.Inc. 21.75 Inventory Faslenere 90170 Inrx-rline Engineering 15,595.40 Sewedine Video Inspections 91)171 Internal Revenue Service 320.00 Vista Garnishment W172 Intl.Union 0 Door.EN.AFL CIO Local 501 4,576.88 Dues Deduction 90173 Irvine Ranch Water Distract 44.23 Water Use 90174 Jays Catering 613.16 Meeting Expenses 90175 Johnstone Supply 378.18 Mechanical Pads&Supplies 90176 Hiesel Emironmental Lab 600.00 Outside Laboratory Semces 90177 Cpud OMef 150.00 Wage Garnishment 90178 Lorman Education Services 997.00 Meeting Regtstretion-Division 760 90179 MCJunm,Corporation 265.311 Freight Charges 90180 Midway Mfg.&Machining Co. 8.189.00 Mechanical Parts,Supplies&Repairs 90181 Mobile Hose&Hydraulic Supply 352.48 Pump Supplies 90182 Court Order 225.00 Wage Garnishment 90113 MM American,Inc 5,018.94 Prolessional Services P244 901M National Bond&Trost 2.958.12 U.S.Savin,s Bantls Payroll Deductions W185 Neal Supply Co, 2,030.56 Plumdng Supplies WlW North American Crane Bureau,Inc. 1,195.00 Mastiff Registralon-Omsion 153 90187 OCB Raprogrephtcs 1,016.97 Prints,Service-MO 1Q6100 90188 OCEA 522.19 Does Deduction W189 Office Depot Business Services Division 780.26 Office Supplies 90190 Orange County Chapter-ISCEBS 60.00 Meeting Registration-Division 240 90191 Orange County Shedd 294.W Wage Garnishment 90192 O,,n Service Company 1.000.38 Specialty Gases&Lab Pads&Supplies 901M PCG Industries 550.00 Repair&Maintenance Services-Shad 90194 PCS Express.Inc. 676.51 Courier Service 901W Peace Odgers Council of CA 1,611.00 Does Deduction,Supervisors&Professionals 90196 plapnum AdOsms 5,000.00 Legislative Advocacy Eftods 90197 Pompaction,Inc. 21,607.00 Pump Pads&Supplies 90198 Port Supply 369.65 Safety Supplies for Nervous 90199 Rainbow Disposal Co. 3.104.33 Trash Removal 90200 RCompery.LTD 3.800.W Software Maintenance Agreement-Image 2000 90201 Rockwell Engineering&Equipment Co. 1,W.49 Pump&Pump Pads&Supplies 90202 Roto Rooter NOC#l1 206.75 Plumbing Services&Parts-Maintenance Bldg. 90203 Science Applications International 11,318.65 Ocean Monitoring MO 6A94 90204 Scott Speualy Gases,Inc 8D.17 Demurrage 90205 Spatial Voice&Dai Inc. 2,204.79 Telephone System Maintenance 90206 Spiritless 1728.05 Drinking WatedCooler Rentals 90207 Termiux lMemaponal 2WCO Pest Control 90208 Testamenca Ontario 3W.00 Areysis of Iicso9ds 90209 The Orange Couny Register 1,125.62 Notices&Ads X WepNWF%LEL 41MlAMPSNARDtlums Pab ReounUMMoms paid Repan-M-]M)W EXHIBIT B snorm Page 7 of 8 U107007 Claims Paid From WIM7 to Sullenly Warrant No. Vendor Amount Description 90210 Thompson Industrial Supply,Inc. W12l Mechanical Parts 8 Supplies 90211 Time Warner Communication 51.07 Cable Services 90212 TMV Systems Engimemrg,Ire. 937.50 Sensors-SCAM 90213 Todd Pamfiig,Inc 1,445.00 Painting Sevices 90214 Tony's Lock&Safe Service S Seim 61.42 tecks 8 Keys 90215 Townsend Public Alain 5,000.00 Legisla has S Execume Advocate for Grant Funding 90216 Traffic Control Semi..Inc 431.43 Traffic Safety SuppliesRientala W217 Truck S Auld,Supply.Inc. 133.20 Aulomptiva Pads S Supplies 90218 Tuff Skin 1.050.01) Une-X Applications to(3)New GM Canyon Pick-Up Trucks 90219 Tortoni Specialties 7746.99 Repair B Tasting-Turbo Charger 90220 Unless Parcel Servce 1,117.16 Parcel Services 90221 UnmdWay 0.00 Employee Contributions 90222 Various Plumbrg 1,150.DU Servlce Contract-Repair,Testing 8 Carl.Beck6ow Devices 90223 Waion Service Plan CA 9,724.44 Vision Service Premium SD224 Wallingford Sendai Inc 1,995.00 Training Registration 9M25 WEF M6.00 Membership-Water Environment Federation 902M Coin Order 597.50 Wage Garnishment 90227 Michele Former 155.00 Meeting/Training Expense Reimbursement 90228 Laurie J.Klinger 75.86 MeetingyTmining Expense Reimbursement 90229 mry E.Lai 51.M MeetingRmining Expense Reimbursement 902M Umesh N.Mui 18.28 MestirgrTraining Expense Reimbursement 90231 John W.Swindler 601.00 MeetirgRraining Expense Reimbursement 90232 Ann Tobin 192.00 Meati niadnirg Expense Reimbursement SM33 Cad Karcher Enterprises,Inc. 1.601.08 Meeting Expenses-Ail Hands 4QM7 Total Accounts Payable-Warrants E 9.562358.14 Pevroll Dlsbunamenta 3075 - 36543 Employee Paychecks E 133,9M,27 Biweekly Payrdl-0412WIF 366" - 3661 Employee Paychecks 3,026.67 Interim Payroll-Teminalens S Relro-041191W-04MOW 139637 - 140189 Noted Deposit Statements 1.186,2116.99 Biweekly Payrpll-0425gy Total Payroll Disbursements E 1.M].185.93 Wind Transfer Payments OCSD Payroll Taxes S Contributions 3 671.623.53 Biweekly Payroll-04Q5my US Bank 479.285.65 Series 2000 A 3 B Refunding COPS April Interest Perri Total Wire Transfer Payments E 1.150809.18 Tpml Chi Paid 0411607-OV30107 E 12.Mfi.353.25 H:WePMOE%CELOW22MI'SHAREIenlma Paid ReeaM]Wnclaima Paid Regan-oi EXHIBIT 8 anx110nc Page 8 of 8 .1ded i BOARD OF DIRECTORS Mcetlng Date To ad.of Dir. s/23/o7 AGENDA REPORT Iem Number Item Numbe sb Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, Director of Operations and Maintenance SUBJECT: GRIT AND SCREENINGS REMOVAL, Specification No. S-2007-336 GENERAL MANAGER'S RECOMMENDATION 1. Award a Contract to Fleet Transportation Services for Grit and Screenings Removal, Specification No. S-2007-336, for the period commencing June 13, 2007 through June 12, 2008, for a total amount not to exceed $448,260 with an option to renew the contract for up to four one-year periods; and, 2. Approve a 25% contingency for change orders to said contract for the period June 13, 2007 through June 12, 2012 (one year contract plus four one-year renewal options), if said renewals are exercised ($112,065). SUMMARY • This service provides bins for the collection of grit and screening materials, the subsequent removal of the full bins, and final disposal of the material in permitted landfills. Grit and screening materials are continually produced as part of the preliminary treatment process at both plants. • The current provider of services has conveyed that they had miscalculated their costs in their bid and are losing money on this contract. The provider has opted not to renew the contract. The Operations Committee was briefed on May 2, 2007 regarding the issue and that staff would be moving the recommendation to award the contract to the full Board for approval. A new contract must be in place prior to the expiration of the existing contract ending on June 12, 2007. • Purchasing/Contracts conducted a bid process based on the specifications developed by O&M staff. Bids closed May 8, 2007, and four firms responded. Results are shown in the Additional Information section. PRIOR COMMITTEEIBOARD ACTIONS Information item OP07-53 on 5/2/07. Fon No.O I W-2 R—SW OMIM7 Page 1 ADDITIONAL INFORMATION Bid results provided by the Purchasing/Contracts Division: CONTRACTOR TOTAL COST 1. Fleet Transportation Services $ 448,260.00 2. Athens Services $ 554,781.00 3. United Storm Water $ 561,400.00 4. Ecology Control Industries (ECI) $ 662.450.00 5. Solid Solutions No Response 6. Waste Management No Bid This contract complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted in the operating budget for O&M. The prior contract with Ecology Control Industries was approved through the budget approval process. Our costs, based on the current contract are up to $599,900 annually, per the same specifications used in the bid documents. However, this also included hauling extra volumes due to digesters being cleaned in FY 06/07. Current references provided by Fleet Transportation Services are East Bay Municipal Utilities District (EBMUD) in Oakland, City of San Diego, City of Oceanside, and the City of Ramona. OCSD has used the firm, under a previous business name, between ten and fifteen years ago, per O&M staffs recollection. O&M staff will closely monitor the firm's performance and keep Purchasing/Contracts informed. Fam No,DMIG2 2 Hwlaea ONOM Page 2 BOARD OF DIRECTORS Meegng Date To Bd.of Dir. os/zs/m AGENDA REPORT Item rvumber ttem 9NuMber (dc) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: James Herberg, Director of Engineering SUBJECT: AGREEMENT WITH THE IRVINE RANCH WATER DISTRICT TO TRANSFER THE REVENUE AREA IN THE CITY OF ORANGE FROM REVENUE AREA 14 TO THE CONSOLIDATED REVENUE AREA. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute an agreement with Irvine Ranch Water District to transfer 127 acres in the City of Orange from Revenue Area 14 to the Consolidated Revenue Area, in a form approved by General Counsel. SUMMARY • The transfer area was recently developed and contains residential housing and some commercial uses (see the attached Exhibit A). The area is within the City of Orange and is southwest of the intersection of Chapman Avenue and Jamboree Road. • The Orange County Sanitation District (OCSD) service area is divided into two Revenue Areas (RA): RA-14 and the Consolidated RA. RA-14 lies within IRWD. Users in RA-14 pay IRWD for connection and user fees. Users in the Consolidated RA pay OCSD. • All sewage from the transfer area flows into the Consolidated RA. The transfer area was originally placed in RA-14, and therefore OCSD cannot bill the property owners for annual regional sewer service. is Irvine Ranch Water District (IRWD) does not bill these property owners for regional sewer service because they are not IRWD customers. • OCSD staff estimates that up to $30,000 in revenue will be generated for OCSD once these lands are moved into the Consolidated RA. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION None Farm No.DW 102 Agond.Repon-Board Revised 1210610a Page 1 ATTACHMENTS Exhibit A (Depiction of the Santiago I Area) AN:sa HlntglooaKAgenda Draft ReporlslBoard of DlreclorsWay 2005 Board AR_OCSD-IRWD Santiago I Boundary Realignment Agreement_v02.DOC Form Na.M-102 Agenda Report-Board Revised 121MM Page 2 Y e ✓ _ i . L ' r • + i f n _) 1 - a f` iLegend X ai Orame Local Bawer tea:.Boun,x Depiction of Transfer Area F.:DN.T=_eexer ®:orementtra�er+.r Not to Scale cD 0 mge RaR=re Tmnl Panted-Clay 2007 9a:mue'rea A Form No.DW-102 Agora a RepM-BOON Rorvl 12/W W Page 3 l MINUTES OF STEERING COMMITTEE MEETING Orange County Sanitation District Wednesday, April 25, 2007, at 5:30 p.m. A meeting of the Steering Committee of the Orange County Sanitation District was held on Wednesday, April 25, 2007 at 5:30 p.m., in the District's Administrative Office. ('I) A quorum was declared present, as follows: STEERING COMMITTEE MEMBERS: DIRECTORS ABSENT Directors Present: None Jim Ferryman, Chair Doug Davert,Vice Chair STAFF PRESENT: Mark Waldman,Administration Committee Jim Ruth, General Manager Chair Bob Ghirelli, Assistant General Manager Larry Crandall, Operations Committee Chair Nick Arhontes, Director of Operations and Steve Anderson Maintenance Phil Luebben Jim Herberg, Director of Engineering Cathy Green Lorenzo Tyner, Director of Finance and Administrative Services OTHERS PRESENT: Michael Gold, Legislative Affairs Liaison Bradley R. Hogin, General Counsel Juanita Skillman, Records Management Heather Dion, Townsend Public Affairs Specialist Chris Townsend, Townsend Public Affairs Norbert Gaia, IT Analyst Gail Garrett, Committee Secretary PRESENT VIA TELECONFERENCE: Eric Sapirstein, ENS Resources (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were none. (4) REPORT OF THE COMMITTEE CHAIR Federal advocate, Eric Sapirstein, informed the committee via teleconference that the Water Resources Development Act (WRDA)was passed out of the House of Representatives but did not contain authorization language for the SARI line. We had been seeking the authorization in WRDA last year to relocate the SARI line. We are seeking authorization language the Senate version,which would put OCSD in a good position to receive Federal funding to reimburse us in the future, if necessary. Mr. Sapirstein outlined a strategy to insert the SARI authorization in WRDA in the Senate, expressing that with Senator Boxer as the committee chair overseeing the bill and solid relationships with committee staff, we stand a good chance of success. Minutes of the Steering Committee Page 2 d Ap0125, 2007 ti The committee asked Mr. Sapirstein to move forward and work with staff on next steps. OCSD received recognition from the California Water Environment Association Annual Conference for its support in the education and training of California's wastewater professionals. Paula Zeller, Senior Plant Operator and outgoing president of CWEA,was honored at the event. Chair Ferryman, Director Anderson, and several staff members will attend the CASA Spring conference in Napa next month. A report will be provided at the May Board meeting. Chair Ferman announced the upcoming committee meetings for April. (5) REPORT OF GENERAL MANAGER Jim Ruth briefly reported on the month's activities and achievements: excellent progress is being made on Design-Build legislation; separate SARI financing agreements with the County have been drafted by OCSD and SAW PA; Chair Ferryman will give an overview of OCSO's progress and Board direction at our All Hands meeting on Thursday, April 26; recruitment for the IT Systems& Operations Manager position should be completed by May 30; labor negotiations are progressing slowly with proposals and counter-proposals being exchanged; SAWPA has requested that we revisit our 1972 agreement to examine ongoing operational and capital needs; the IPMC Office Space Study has been completed and the results will be reviewed by staff. (6) REPORT OF GENERAL COUNSEL General Counsel Brad Hogin did not provide a report. (7) ACTION ITEMS a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the March 28, 2007 Steering Committee meeting. b. MOVED, SECONDED AND DULY CARRIED: Recommend that the Board of Directors: (1)Approve Santa Ana River Interceptor(SARI)Line Loan and Repayment Agreement No. D07-042 with the Orange County Flood Control District(OCFCD), providing for a no-interest loan until July 2016 of 60% of the successful bid amount for improvements to the SARI Line, for an amount not to exceed $60,000,000; and, (2)Authorize the release of$35,000,000 to OCFCD immediately after the award of the contract, and to allow the remaining balance to be released 12 months later. Director of Finance and Administration, Lorenzo Tyner,assured committee members that this financial agreement would not impact our budget. (8) INFORMATIONAL ITEMS a. Michael Gold introduced lobbyist Heather Dion who provided a brief update on Senate and Assembly bills Townsend Public Affairs staff has been tracking. The full Steering Committee will travel to Sacramento on May 30 to meet with state legislators. Townsend Public Affairs staff will schedule meetings throughout the day, culminating with a "Meet& Greet" affair in the evening hosted by OCSD. Minutes of the Steering Committee u Page 3 April 25, 2007 b. The Agenda Items scheduled to be reviewed by the Board's working committees in April were reviewed. C. The agenda items scheduled to be presented to the Board at the April 25. 2007 meeting were reviewed. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (12) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (13) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, May 23, 2007 at 5:30 p.m. The next Board Meeting is scheduled for Wednesday, May 23, 2007 at 6:30 p.m. (14) CLOSED SESSION The Committee convened at 6:15 p.m. in Closed Session, pursuant to Sections 54956.8, 54956.9, 54957, or 54957.6 to discuss one matter. Minutes of the Closed Session are on file with the Clerk of the Board. Confidential Minutes of the Closed Session held by the Steering Committee have been prepared in accordance with Government Code Section 54957.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. A report of the recommended actions will be publicly reported at the time the approved actions become final. At 6:25 p.m., the Committee reconvened in regular session. (15) ADJOURNMENT The Chair declared the meeting adjourned at 6:25 p.m. Submitted by: Gail Garrett Steering Committee Secretary N bepNpadslCpvMeef151wrry Cam QWMIw.a 2W SC/4x�es.Ax MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services Orange County Sanitation District Wednesday, May 2, 2007—5:00 P.M. A meeting of the Operations Committee of the Orange County Sanitation District was held on May 2, 2007, at 5:00 p.m. in the Sanitation District's Administrative Office. (1) ROLL CALL A quorum was declared present, as follows: Operations Directors Present: Staff Present: Larry Crandall, Chair Jim Ruth, General Manager Cathy Green, Vice Chair Bob Ghirelli, Assistant General Manager Charles Antos Nick Arhontes, Dir. of Operations & Maintenance Don Bankhead Jim Herberg, Director of Engineering Patsy Marshall Lorenzo Tyner, Director of Finance and Roy Moore Administrative Services David Shawver Penny Kyle, Clerk of the Board Harry Sidhu Tod Haynes, Engineering Manager Constance Underhill Matt Smith, Engineering Manager Doug Davert, Board Vice Chair John Linder, Engineering Manager Carla Dillon Operations Directors Absent: Gary Prater Chuck Winsor Steve Anderson Simon Watson James M. Ferryman, Board Chair Bob Bell Don Webb Juanita Skillman Norbert Gaia Others: Joe Forbath, General Counsel Alternate Director Bob Doren Jag Salgaonkar Gino Rapagna (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. Minutes of the Operations Committee May 2, 2007 Page 2 (4) REPORT OF THE COMMITTEE CHAIR Vice Chair Green, who presided over the meeting until Chair Crandall arrived, did not give a report. (5) REPORT OF THE GENERAL MANAGER Lorenzo Tyner, Director of Administrative Services provided an overview and update of the FY07/08 Budget. He noted that the budget would be presented in June for approval by the Board of Directors. (6) CONSENT CALENDAR ITEMS a. MOVED, SECONDED, AND DULY CARRIED: Approve minutes of the April 4, 2007 Operations Committee meeting. b. OP07-37 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to approve Professional Services Agreements with Bush and Associates Inc.; Forked Engineering &Surveying, Inc.; and RBF Consulting, providing for on call surveying services supporting capital projects, Specification No. PSA-2007-001,for a three-year period for an amount not to exceed $800,000 for each agreement ($2,400,000 total). C. OP07-38 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to approve Professional Services Agreements with Geomatrix Consultants, Inc.; Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and Smith-Emery Laboratories providing for on-call material testing services supporting capital improvement projects, Specification No. PSA-2007-002, for a three-year period for an amount not to exceed $800,000 for each agreement($2,400,000 total). d. OP07-39 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to approve Professional Services Agreements with Electrical Reliability Services and Hampton-Tedder Technical Services providing for on call electrical system testing services supporting capital improvement projects, Specification No. PSA 2007-003,_for a three-year period for an amount not to exceed$400,000 for each agreement($800,000 total). e. OP07-40 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to approve Amendment No. 4 to the Professional Services Agreement with Ninyo & Moore Geotechnical and Environmental Services Consultants providing for additional services for Materials Testing and Geotechnical Engineering Services, Specification No. PSA-2003-175,for an additional amount of$50,000, increasing the total contract amount not to exceed $590,000. Minutes of the Operations Committee May 2, 2007 V Page 3 f. OP07-41 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 3 to the Professional Services Agreement with Malcolm Pimie providing for construction support services for Primary Treatment Rehabilitation/Refurbishment, Job No. P2-80, for an additional amount of$2,468,510, increasing the total amount not to exceed $9,870,653; and, 2)Approve a 2.0% contingency for amendments to said agreement ($197,400). 9. OP07-42 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 1 to the Professional Services Agreement with the Black &Veatch Corporation to provide construction support services for Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1-102, for an additional amount of$7,418,462, increasing the total amount not to exceed $25,314,925; and, 2)Approve a 1.07% contingency for amendments to said agreement ($271,400). h. OP07-43 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 6 to the Professional Services Agreement with Malcolm Pimie, Inc.for additional construction support services for Replacement of Ellis Avenue Pump Station, Job No. 1-10, providing for an additional amount of$561,630, increasing the total amount not to exceed $5,559,364; and, 2)Approve a 5% contingency for amendments to said agreement ($278,589). i. OP07-44 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech providing for construction support services for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106, for $106,496, increasing the total amount not to exceed $359,372; and, 2)Approve a 4% contingency for amendments to said agreement ($14,375). j. OP07-45 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Change Order No. 1 to Purchase Order No. 102520 OB for the Purchase of Hydrogen Peroxide, Specification No. C- 2006-277, issued to U.S. Peroxide, providing for a unit gallon price increase from $1.47 per unit gallon to $1.607 per unit gallon, plus tax for the contract period July 1, 2007 through June 30, 2008; and, 2)Authorize a 10% contingency for change orders to said purchase order. Minutes of the Operations Committee i May 2, 2007 Page 4 k. OP07-46 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to ratify Change Order No. 2 to Purchase Order 102687-OA issued to NRG Engine Services, LLC,for Central Generation Engine Overhaul Project, Specification No. S-2006-308, for additional work, authorizing an addition of$180,000, increasing the total purchase order amount to $759,034. (7) ACTION ITEMS a. OP07-47 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve a budget amendment for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,852,700,for a total budget of$24,339,815; 2)Approve Amendment No. 3 to the Professional Services Agreement with Brown and Caldwell, providing for construction support services for $577,687, increasing the total contract amount not to exceed $3,596,697; and, 3)Approve a 1.5% contingency for amendments to said agreement ($54,000). b. OP07-48 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to 1)Approve an increase in the Construction Budget for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,314,500, increasing the total Project Budget to$25,654,315; 2)Approve plans and specifications for Plant No. 2 Primary Sludge Feed System,Job No. P2-91, and Primary Treatment Rehabilitation and Refurbishment, Job No. 132-80, on file at the office of the Clerk of the Board; 3)Approve Addendum Nos. 1, 2 and 3 to the plans and specifications; 4) Receive and file bid tabulation and recommendation; 5)Award a construction contract to Shimmick Construction for Plant No. 2 Primary Sludge Feed System, Job No. P2-91 and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, for a total amount not to exceed $36,764,000; 6)Approve an 8.75% contingency for change orders to said construction contract ($1,427,500)for Job No. P2-91; and, 7)Approve an 8.75% contingency for change orders to said construction contract ($1,789,300)for Job No. P2-80. 1 Minutes of the Operations Committee May 2, 2007 d Page 5 C. OP07-49 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 1 to the Sole Source Agreement with Southern California Edison for engineering services, fees, materials, and labor for 66kV Substation at Plant No. 1, Job No. P1- 97, for an additional amount of$1,150,000, increasing the total contract amount not to exceed $7,202,000; 2)Approve a decrease to the Southern California Edison Monthly Added Facilities Charge of$440 for a total monthly amount of$15,292; and, 3)Approve a 5% contingency for amendments to said agreement ($360,100). d. OP07-50 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: 1)Approve Amendment No. 7 to the Professional Services Agreement with Integrated Program Management(IPMC)Consultants, a Joint venture of Parsons Water and Infrastructure Inc., and CH2MHILL, Inc., for Program Management Services for the Capital Improvement Program for an additional five year period through FY2011-12; and, 2)Approve an additional amount of$15,997,936 for FY2007-08, increasing the total contract amount not to exceed $76,089,975. e. OP07-51 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to Authorize sole source procurement required to maintain, service, or replace existing Original Equipment Manufacturer equipment in OCSD facilities that cannot be substituted due to functionality and integration with existing systems, or are available from only one source for manufacturers. The following equipment, parts and services from the listed Original Equipment Manufacturers (OEM)are pre-approved as sole source items: • AANDERA DATA INSTRUMENTS—Current meter • ALFA-LAVAL—Heat exchangers for digesters • AMERICAN SIGMA— Liquid samplers • AM-LINER®PVC—Sewer lining • ASHBROOK (BELLMER/WINKLER)—Sludge belt filter presses • BASLER— Electrical protective relays and regulators • BIO-MERIEUX—Bacterial Identification system • CALIFORNIA RECREATION COMPANY—Vessel Nerissa slip fees • CHESTERTON—Mechanical seals for process equipment • DEZURIK WATER CONTROLS—Process valves • EATON -Variable frequency drives for process pumps • ENTRONICS (ROLLS ROYCE)—Central Generation engine controls • GOULD/IT'f/YEOMANS—Process pumps • LECO—GC Time of Flight mass spectrometer • LIMITOROUE—Process valves • MARLOW—Process pumps Minutes of the Operations Committee May 2, 2007 VO) Page 6 • MOYNO — Process pumps • MUFFIN MONSTER—Sludge grinders • NATIONAL FILTER MEDIA/FILTER BELTS—Sludge belt filter press belts • PERKIN ELMER— ICP Mass Spectrometer • PUTZMEISTER—Sludge transfer pumps (truck loading plant 2) • ROBICON—Variable frequency drives for pumps • ROTOROUE—Valve actuators • SANCON 100 Epoxy/ Urethane—Coaling system • SCHW ING—Sludge transfer pumps (truck loading plant 1) • SEABIRD—Ocean Monitoring instrumentation • SKALAR— BOD robotics • SPARLING INSTRUMENTS—Process flow meters • TELEDYNE—RD instrumentation • THERMO ELECTRON— ICP Atomic Emission Spectrometer and GC Mass Spectrometer • TURBLEX—Aeration blowers • VAUGHN—Process pumps • WATERS CORPORATION —Liquid chromatograph mass spectrometer The following additional proprietary providers are pre-approved: • Arc Wireless—Paging services • BEC— Building Electronics Control System • Bentley- Microstation CAD drawing program • Business Objects—Business Objects Software • ESRI—GIS Software • FileNet Corp. —Electronic Document Management System • First American Real Estate—Online Geographic—Realquest Report • IBM—Hardware Maintenance AS400 • IPI Gram Tech— Informatioa Software • Labware—Laboratory Information Management System • Oracle/JD Edwards— Enterprise One Materials, Equipment and Services • Oracle—Oracle Database • Rand McNally- Thomas Brothers Maps • RBMWARE—Software and 2310 vibration analyzers • TMV Systems—SCADA Historian • Workforce—Time Entry Director Bankhead abstained. �f Minutes of the Operations Committee t1 May 2, 2007 Y Page 7 (8) INFORMATIONAL ITEMS a. OP07-52 Capital Improvement Program Overview Jim Herberg, Director of Engineering, provided an overview of the Capital Improvement Program. b. OP07-53 Grit& Screenings Removal, Specification No. S-2006-308 Nick Arhontes, Director of Operations and Maintenance, advised that the current vendor does not want to continue with their current agreement at the current prices. As such, a new contract must be in place by June 12, 2007. A public bid process is underway and due to the timing, he requested that the awarding of the new contract be moved to the board for consideration of approval in May. (9) REPORT OF DIRECTOR OF ENGINEERING Director of Engineering, Jim Herberg, did not give a report. (10) REPORT OF DIRECTOR OF OPERATIONS AND MAINTENANCE Director of Operations and Maintenance, Nick Arhontes, noted that the City of Fullerton received the Medium Sized Collection System of the Year Award from the California Water Environment Association that was announced at the CWEA Annual Conference held in Ontario recently. He also advised that the ocean outfall would be shut down on May 1 e for repairs due to corrosion in one location. Directors requested he come back with a presentation on the planning and preparation for the event,findings, and actions taken during the shut down. He also advised that the architectural fine had begun work on the North County Yard office space plan and he was expecting four conceptual layouts for staff review and comment by the end of May. This is an important first step in determining how many other OCSD staff could possibly be relocated to the Garden Grove location, beyond the initial needs of the Collection Facilities O&M staff currently in Huntington Beach. (11) REPORT OF DIRECTOR OF TECHNICAL SERVICES Director of Operations, Ed Torres,was not present. f Minutes of the Operations Committee �V May 2, 2007 V Page 8 (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY The following supplemental agenda item was considered in closed sesslon: Confer with Legal Counsel re existing litigation (Government Code Section 54956.9(a)) Case: Travelers Casualty and Surety Company, at al. v. OCSD, San Diego Superior Court, Case No. GIC873347, re Plant 2 Solids & Storage Truck Loading Facility, Job No. P2-60 (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) The Committee convened in Closed Session at 5:52 p.m. pursuant to Government Code Section 54956.9(a). Confidential Minutes of the Closed Session held by the Operations Committee have been prepared in accordance with California Government Code Section 54957.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 6:04 p.m. (15) FUTURE MEETING DATES The next Operations Committee meeting is scheduled for June 6, 2007, at 5:00 p.m. (16) ADJOURNMENT The Chair declared the meeting adjourned at 6:04 p.m. Submitted by: /nu.6 A. Penny M. y1e Clerk of the Board H:WepOagenda1C=m1tt a kOpemVms COmMMWOpeMtO 20(M050M5040407 Opomflons Nnutea.dw OPERATIONS COMMITTEE MWUngr Tootofotr. 0 5,0 s/23/o7 Ite AGENDA REPORT m Number Item Number OP07-37 11(b) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Chuck Lee SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR SURVEYING SERVICES, PSA2007-001 GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements with Bush and Associates Inc.; Forkert Engineering & Surveying, Inc.; and RBF Consulting providing for on call surveying services supporting Capital Improvement Projects, Specification No. PSA-2007-001, for a three-year period for an amount not to exceed $800,000 for each agreement ($2,400,000 total). SUMMARY • The Orange County Sanitation District (Sanitation District) utilizes outside consultants for surveying services in support of Capital Improvement Projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. These licensed surveying companies are responsible for locating the position of new facilities, checking placement of underground facilities, and performing other varied tasks as directed by staff. • Requests for proposal were sent to five local surveying firms. All five firms submitted proposals to the Sanitation District. The proposals were evaluated in accordance with defined Sanitation District procedures as required by the Delegation of Authority (Resolution No. 07-04). • The proposed services agreements are for a three-year period (FY 2007-2010). The estimated contract amount for this period was derived by staff considering average survey hours of past years and those anticipated in support of the Capital Improvement Program. District staff will use these consultants on an as-needed basis only. The total agreement cost is not guaranteed nor is it paid to the consultant if their services are not used. PRIOR COMMITTEE/BOARD ACTIONS None Page 1 ADDITIONAL INFORMATION The RFP was sent to the following five consultants: 1. RBF Consulting 2. Forkert Engineering & Surveying, Inc. 3. Hunsaker &Associates 4. Bush &Associates 5. MDS Consulting Proposals were received from five firms and reviewed by an in-house review committee consisting of three members. Proposals were graded from 1 to 10 in three weighted categories including project approach and understanding, applicable related project experience, and applicable staff qualifications. The following summarize their ranking: Forkert Engineering & Surveying, Inc. 233 Bush &Associates 222 RBF Consulting 216 MDS Consulting 157 Hunsaker&Associates 149 After ranking the proposals the sealed fee proposals were opened. Based on the proposal ranking and fees staff recommends a PSA with Bush and Associates, Inc.; Forkert Engineering & Surveying, Inc.; and RBF Consulting. Award Date: 06123/07 Contract Amount: $800,000 'Contingency%: NA Award Date: 06/23107 Contract Amount: $800,000 -Contingency%: NA Award Date: 06/23/07 Contract Amount: $800,000 -Contingency%: NA 'No contingency is being requested. CL:JH:bm:kf:eh H:1ntg1obaM9enda Drah ReponsQpera1innMPSA2007.01 AR050207.dw Page 2 OPERATIONS COMMITTEE M-H.9r Toad.ar Dr. 0510Z 7 os/x3107 AGENDA REPORT R mNumber ItemN°"1b0 oP07-38 11(c) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Chuck Lee SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR GENERAL GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR COLLECTIONS SYSTEM AND TREATMENT PLANT PROJECTS, PSA-2007-002 GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements with Geomatrix Consultants, Inc.; Ninyo & Moore; Geotechnical & Environmental Sciences Consultants; and Smith-Emery Laboratories providing for on-call material testing services supporting Capital Improvement Projects, Specification No. PSA-2007-002, for a three-year period for an amount not to exceed $800,000 for each agreement ($2,400,000 total). SUMMARY • The Orange County Sanitation District (Sanitation District) utilizes outside consultants for material testing and geotechnical investigation services in support of Capital Improvement Projects during the planning, design, and construction of facilities both inside the plants and for the collection systems. These laboratories are responsible for taking samples, material testing/analysis, geotechnical testing, and performing other varied tasks as directed by staff. • Requests for proposal were sent to seven area testing and analysis firms. Five of the seven firms submitted proposals to the Sanitation District. The proposals were evaluated in accordance with defined Sanitation District procedures as required by the Delegation of Authority (Resolution No. 07-04). • The suggested services agreements shall cover a three-year period (FY 2007-2010). The quoted amount for this period was derived by staff considering average testing and analysis hours of past years and those anticipated in support of the Capital Improvement Program. District staff will use these consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the consultant if their services are not used. • This item does not impact the overall budget. These funds are included in the individual project budgets that require these services. They are expensed as the services are used. Page 1 PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION The RFP was sent to the following seven consultants: 1. Geomatrix Consultants, Inc. 2. Kleinfelder 3. Smith-Emery Laboratories 4. Ninyo & Moore 5. PETRA Geotechnical , Inc. 6. Professional Services industries, Inc. 7. Twining Laboratories Proposals were received from five firms and reviewed by an in-house review committee consisting of three members. Proposals were graded from 1 to 10 in three weighted Categories including project approach and understanding, applicable related project experience, and applicable staff qualifications. The following summarize their ranking: Ninyo & Moore 234 Geomatrix Consultants, Inc. 231 Smith-Emery Laboratories 222 Kleinfelder 211 Professional Services industries, Inc. 138 PETRA Geotechnical , Inc. No Response Twining Laboratories No Response After ranking the proposals the sealed fee proposals were opened. Based on the proposal ranking and fees staff recommends a PSA with Geomatrix Consultants, Inc.; Ninyo & Moore Geotechnical & Environmental Sciences Consultants; and Smith-Emery Laboratories. Award Date: 05123107 Contract Amount: $800,000 'Contingency W NA Award Date: 06123107 Contract Amount: $800,000 'Contingency W NA Award Date: 05/23107 Contract Amount: $800,000 'Contingency k: NA 'No contingency is being requested. CL:JH:bm:kf:eh HMIgIobaMgenda Draft ReportMOperadons%PSA2007-02 AR 050207.dw Page 2 OPERATIONS COMMITTEE MeedngDaN: ToBd.ofDir. 05(o2/07 05(23(07 AGENDA REPORT RmNoinbef MwNunbef OP07-39 11(d) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Chuck Lee SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR ELECTRICAL ACCEPTANCE TESTING SERVICES FOR COLLECTIONS SYSTEM AND TREATMENT PLANT PROJECTS, PSA-2007-003 GENERAL MANAGER'S RECOMMENDATION Approve Professional Services Agreements with Electrical Reliability Services and Hampton-Tedder Technical Services providing for on-call electrical system testing services supporting capital improvement projects, Specification No. PSA-2007-003, for a three-year period for an amount not to exceed $400,000 for each agreement ($800,000 total). SUMMARY • The Orange County Sanitation District (Sanitation District) utilizes outside consultants for electrical system testing services in support of capital improvement projects during the construction of facilities both inside the plants and for the collection systems (pump stations). These National Electric Testing Association certified companies are responsible for validating the installation of electrical systems and performing other varied tests as directed by staff. • Requests for proposal were sent to four firms. All four firms submitted proposals to the Sanitation District. The proposals were evaluated in accordance with defined Sanitation District procedures as required by the Delegation of Authority (Resolution No. 07-04). • The suggested services agreements shall cover a three-year period (FY 2007 —2010). The quoted amount for this period was derived by staff considering average testing hours of past years and those anticipated in support of the Capital Improvement Program. Sanitation District staff will use these consultants on an as-needed basis only. The total agreement cost is not guaranteed, nor is it paid to the consultant if their services are not used. • Funding is included in the individual CIP project budgets that require these services. They are expensed as the services are used. Form No.o ioz2 Page 1 PRIOR COMMITTEE/BOARD ACTIONS None. ADDITIONAL INFORMATION The RFP was sent to the following four consultants: 1. Electrical Reliability Services, inc. 2. Tony Demaria Electric 3. Hampton Tedder Technical Services 4. Power Systems Testing Co. Proposals were received from four firms and reviewed by an in-house review committee consisting of three members. Proposals were graded from 1 to 10 in three weighted categories including project approach and understanding, applicable related project experience, and applicable staff qualifications. The following summarize their ranking: Electrical Reliability 234 Hampton Tedder Tech 231 Power Systems 222 Tony Demaria 35 After ranking the proposals the sealed fee proposals were opened. Based on the proposal ranking and fees, staff recommends a PSA with Electrical Reliability Services and Hampton-Tedder Technical Services. Award Date: 05123107 Contract Amount: $400,000 'Contingency %: NIA Award Date: 05/23/07 Contract Amount: $400,000 ' Contingency W NIA *No contingency is being requested. CL:jh:eh H:IniglobaMgenda Draft ReponMOperallonsTSA2007-03 AR 050207.doc Form No.ow-iw.2 Page 2 OPERATIONS COMMITTEE Meeting Tr,aa.woir. Os 02 07 05 73 07 AGENDA REPORT Item Number Item Number Orange County Sanitation District ��Misc.& 4AJ Support Projects FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Jim Harris SUBJECT: PROFESSIONAL SERVICES AGREEMENTS FOR GEOTECHNICAL AND ENVIRONMENTAL SERVICES, SPECIFICATION NO. PSA 2003-175 GENERAL MANAGER'S RECOMMENDATION Approve Amendment No. 4 to the Professional Services Agreement with Ninyo & Moore Geotechnical and Environmental Services Consultants providing for additional services for Materials Testing and Geotechnical Engineering Services, Specification No. PSA- 2003-175, for an additional amount of $50,000, increasing the total contract amount not to exceed $590,000. SUMMARY • In May 2004, the Board of Directors approved a Professional Services Agreement (PSA) for professional materials testing and geotechnical engineering services. Two Amendments have been issued since that time. • Materials testing and geotechnical engineering services are done as needed and billed directly to the projects requiring the work. It is now projected that an additional $50,000 will be needed to provide continuing materials testing services until the end of the fiscal year (June 30, 2007) because of additional work required for structural welding inspection for the Headworks Replacements Project, Job No. P2-66. PRIOR COMMITTEEIBOARD ACTIONS • Approval of PSA with Ninyo & Moore Geotechnical and Environmental Services Consultants for an amount not to exceed $150,000 (Board — May 2004). • Approval of Amendment Nos. 1 and 2 to the PSA with Ninyo & Moore Geotechnical and Environmental Services Consultants for $240,000 ($40,000 for additional services for fiscal year 04-05, and $200,000 for fiscal year 05-06) increasing the total contract amount not to exceed $390,000 (Board - May 2005). • Approval of Amendment No. 3 to the PSA with Ninyo & Moore Geotechnical and Environmental Services Consultants for $150.000, increasing the total contract amount not to exceed $540,000 (Board - May 2006). Page 1 ADDITIONAL INFORMATION This Amendment complies with authority levels of the Orange County Sanitation District's (Sanitation District) Delegation of Authority. This item has been budgeted. The work will be billed to existing Capital Improvement Projects when necessary. Award Date: 05126104 Contract Amount: $590,000 'Contingency%: NIA 'No contingency is being requested, $50,000 is enough to finish out this Fiscal Year contract. JH:eh:kf:eh H:W91obaM9enda Draft Reports\OP mtionsARA ndm nt 3PSA-2003-1150507.doc Page 2 OPERATIONS COMMITTEE Meeting Da TO Bd.off OD". Os/02/07 os/23/o7 AGENDA REPORT Item Number Item Number OP07-41 urn Orange County Sanitation District "'-`�_'' Primary Treatment FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Bob Schirripa SUBJECT: PRIMARY TREATMENT REHABILITATION/REFURBISHMENT, JOB NO. P2-80 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 3 to the Professional Services Agreement with Malcolm Pimie providing for construction support services for Primary Treatment Rehabilitation/Refurbishment, Job No. P2-80, for an additional amount of $2,468,510, increasing the total amount not to exceed $9,870,653; and, 2. Approve a 2.0% contingency for amendments to said agreement ($197,400). SUMMARY • The purpose of Job No. 132-80 is to replace the existing primary sludge pumps with new sludge pumps and grinders in order to deliver a more uniform sludge to the Sludge Digesters and to rehabilitate the primary clarifiers with new scraper arms, as well as replacement of the scum system. • Malcolm Pirnie completed the design of this project and construction support services are required which include reviewing submittals, responding to requests for information, preparing design modifications, attending construction meeting and site visits, preparing operations manuals, performing specialty inspections, participating in commissioning activities, and preparing record drawings. • These construction support services shall be authorized only as requested and managed by the Orange County Sanitation District's (Sanitation District) Project Manager. The proposed fee is reasonable for a project of this magnitude and is consistent with fees for similar services on past Sanitation District projects. • A 2.0% contingency for potential consultant amendments is being requested per the Sanitation District's Delegation of Authority. Form No.MWIi x ngenea Ream-eso ReriaeE lZCbleS Page 1 PRIOR COMMITTEE/BOARD ACTIONS • Approval of Job No. P2-80 Professional Services Agreement with Malcolm Pimie, Inc. to provide engineering design services for upgrades to the odor control facilities for the primary clarifiers in the North and South Scrubber Complexes as well as the rehabilitation and refurbishment of the concrete and steel structures in the primary clarifiers in Plant No. 2 in an amount not to exceed $5,778,518. (Board— March 2004) • Approval of Amendment No. 1 to the Professional Services Agreement with Malcolm Pimie for $829,984, increasing the total amount not to exceed $6,608,502. (Board — September 2005) • Approval of Amendment No. 2 to the Professional Services Agreement with Malcolm Pirnie for$793,641, increasing the total amount not to exceed $7,402,143. (Board —August 2006) • Authorization for staff to negotiate for support services during the construction, commissioning, and closeout phases with Malcolm Pimie. (Board— March 2007) ADDITIONAL INFORMATION This authorization complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 53). Award Date: 05123107 Contract Amount: $2,468,510 Contingency%: 2.0 JH:RS:kf:bm H:Int&WAgenda Graf Repans\0perationstP2Ae Consultant Services during Construction AR 050207.doe Form No Iic-2 / R -Ea0 Pwoee 121OBCB Page 2 OPERATIONS COMMITTEE Meeting Date TOBd.or on. os/oz1o7 os1z3107 AGENDA REPORT Item Number Item Number OP07-42 11 Orange County Sanitation District Secondary Treatment FROM: James D. Ruth, General Manager Originator: James Herberg, Director of Engineering Project Manager: David MacDonald SUBJECT: SECONDARY ACTIVATED SLUDGE FACILITY 2 AT PLANT NO.1, JOB NO. P1-102 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 1 to the Professional Services Agreement with Black & Veatch Corporation providing for construction support services for Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1-102, for an additional amount of$7,418,462, increasing the total amount not to exceed $25,314,925; and, 2. Approve a 1.07% contingency for amendments to said agreement ($271,400). SUMMARY • The Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1-102, is one of six projects designated by the Capital Improvement Program (CIP) as required to meet the Orange County Sanitation District's (Sanitation District) goal of full secondary treatment by the year 2012. The project will also be a future source of secondary effluent for the Ground Water Replenishment System (GWRS). • The Board awarded the construction contract for P1-102 to Kiewit Pacific on April 25, 2007. • Black & Veatch completed the design of this project and construction support services are required which include reviewing submittals, responding to requests for information, preparing design modifications, attending construction meetings and site visits, preparing operations manuals, performing specialty inspections, participating in commissioning activities, and preparing record drawings. • These construction support services shall be authorized only as required and managed by the Sanitation District's Project Manager. The proposed fee is reasonable for a project of this magnitude and is consistent with fees for similar services on past Sanitation District projects. • The purpose of this Amendment is to provide engineering services during the construction and commissioning of the new Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1-102. Farm No.M-102 Agenda Rep"—BoaN Page 1 A 2.75% contingency for the potential consultant amendments is being requested per the Sanitation District's Delegation of Authority. PRIOR COMMITTEE/BOARD ACTIONS Approve a Professional Services Agreement with the Black & Veatch Corporation in an amount not to exceed $17,896,463 to prepare a preliminary design and construction plans and specifications for the new Secondary Activated Sludge Facility 2 at Plant No.1, Job No. P1 -102. (February 25, 2004) The Board authorized staff to negotiate with Black & Veatch for construction support services. (February 25, 2004) ADDITIONAL INFORMATION The Board has authorized $17,896,463 for design and bidding services. The estimated cost at June 1, 2007 is $15.445,403 with a remaining balance of$2.451,060. The staff, in accordance with the Sanitation District's adopted policies and procedures, has negotiated a fee of $9,869,522 for engineering services during the 52 months of construction and 8 months of commissioning. Therefore, the Director of Engineering recommends that the agreement with Black &Veatch be amended to increase the contract amount by $7,418,462 from $17,896,463 to $25,314,925. This recommendation complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 53). Award Date: 05/23/07 Contract Amount: $25,314,925 Contingency%: 1.07% JH:DM:kf:bm KWglobaPAgenda Draft ReponsQpera6ons1P1-102 AR BV N2507Am Form No,M-102 Agenda Report-Board Rm. 12IM106 Page 2 OPERATIONS COMMITTEE N 0'I are To9E.of(o Dir. os(oz�o7 os(237 AGENDA REPORT Ilan Number Item Number OP0743 11(h) Orange County Sanitation District Collections Facilities FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: David May SUBJECT: REPLACEMENT OF ELLIS AVENUE PUMP STATION, JOB NO. 1-10 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 6 to the Professional Services Agreement with Malcolm Pirnie, Inc. for additional construction support services for Replacement of Ellis Avenue Pump Station, Job No. 1-10, providing for an additional amount of$561,630, increasing the total amount not to exceed $5,559,364, and, 2. Approve a 5% contingency for amendments to said agreement ($278,589). SUMMARY • Malcolm Pirnie Inc. (MPI) is now providing services during construction on the project. Additional construction services are necessary as the actual designed facilities are more complex than those contemplated in 2002. Additional design services were also provided during the production of final contract documents and during the construction bid period. • The construction services to be provided, per the original Professional Services Agreement (PSA) and this amendment, are based upon the current understanding of the work and a construction finish date of October 2008. The Orange County Sanitation District (Sanitation District) staff will request services on an as-needed basis only. The total agreement cost will not be paid to the consultant if their services are not used. PRIOR COMMITTEEIBOARD ACTIONS • Awarded PSA to MPI for engineering and construction services for an amount not to exceed $3,186,027. (September 2002) • Approved Amendment No. 1 to the PSA with MPI for engineering and construction services for $400,055, increasing the total amount not to exceed $3,586,082. (November 2003) Farts N. M 1W-2 Rmxa 0.W W Page 1 • Approved Amendment No. 2 (a contract language change) to the PSA with MPI for engineering and construction services for$0, keeping the total amount not to exceed $3,586,082. (June 2005) • Approved Amendment No. 3 to the PSA with MPI for engineering and construction services for $313,194, increasing the total amount not to exceed $3,889,276. (August 2005) • Approved Amendment No. 4 to the PSA with MPI for engineering and construction services for $899,978, increasing the total amount not to exceed $4,799,254. (September 2005) • Approved Amendment No. 5 to the PSA with MPI for engineering and construction services for $198,479, increasing the total amount not to exceed $4,997,734. (October 2005) ADDITIONAL INFORMATION This amendment complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8 Page 47). Project contingency funds will be used for this amendment. Award Date: 09102 Contract Amount: $5,569,364 Contingency %: 5% JH:DM:kf:eh:kf H:1ntgloE Mgenda Draft Reporl5\0pm ionsV-10_PSA Amendment No.6 MP 04D407.doc Foml No.DW to3.] FMtl4U3N.V1 Page 2 OPERATIONS COMMITTEE Mee0ng Date To Bd.of Dir. 05/02/07 05/23/07 AGENDA REPORT Item Number Item Number OP074 ttfn Orange County Sanitation District ®&Dig Handling estion FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Pam Koester SUBJECT: TRUCK WASH AND DEWATERING BEDS AT PLANT NO. 1, JOB NO. P1-106 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech, providing for construction support services for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106, for$106,496, increasing the total amount not to exceed $359,372; and, 2. Approve a 4% contingency for amendments to said agreement ($14,375). SUMMARY • The purpose of Job No. P1-106 is to provide truck wash and dewatering beds facilities at Plant No. 1. • Earth Tech completed the plans and specifications for Job No. P1-106 in December 2006. Staff received permission to negotiate for construction support services at the March 2007 Board meeting. • Staff recommends that Amendment No. 2 be issued to Earth Tech for support services during the construction, commissioning, and closeout phases of Job No. P1-106 in an amount not to exceed $106,496. • Earth Tech completed the design of this project and construction support services are required which include reviewing submittals, responding to requests for information, preparing design modifications, attending construction meetings and site visits, preparing operations manuals, performing specialty inspections, participating in commissioning activities, and preparing record drawings. • These construction support services shall be authorized only as required and managed by the Orange County Sanitation District's (Sanitation District) Project Manager. The proposed fee is reasonable for a project of this magnitude and is consistent with fees for similar services on past Sanitation District projects. FOM No.m 1 2 naNeeemrosm) Page 1 PRIOR COMMITTEE/BOARD ACTIONS • Approval of Professional Service Agreement (PSA) with Earth Tech for an amount not to exceed $237,676. (Board — December 2005) • Approval of Amendment No. 1 to the PSA with Earth Tech for $15,200, increasing the contract total amount not to exceed $252,876. (General Manager— November 2006) • Authorize staff to commence negotiations with Earth Tech for construction support services for Job No. P1-106. (Board — March 2007) ADDITIONAL INFORMATION This approval complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 60). Award Date: 12/21/05 Contract Amount: $359,372 Contingency: 40/6 JH:PK:kf:bm H1n1gk,baRAgenda Draft Rewrls\Operalionr;Vl-106 EO Agenda Rewd wnsulWnl apd12007.dm Form No.DMI02.2 Renal DlNe9] Page 2 OPERATIONS COMMITTEE Meeting DaM TOBd.orDr. 05/02/07 os/zs/m AGENDA REPORT 1eA1 NO1nber Ron NumbR OPo7-45 11 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, Director of Operations and Maintenance SUBJECT: UNIT PRICE INCREASE TO EXISTING HYDROGEN PEROXIDE CONTRACT, SPECIFICATION NO. C-2006-277, FOR SULFIDE AND ODOR CONTROL IN THE TREATMENT PLANTS GENERAL MANAGER'S RECOMMENDATION 1. Approve Change Order No. 1 to Purchase Order No. 102520-OB for the Purchase of Hydrogen Peroxide, Specification No. C-2006-277, issued to U.S. Peroxide, providing for a unit gallon price increase from $1.47 per unit gallon to $1.607 per unit gallon, plus tax for the contract period July 1, 2007 through June 30, 2008; and, 2. Authorize a 10%contingency for change orders to said purchase order. SUMMARY • Hydrogen peroxide is utilized in the treatment plants to reduce odors. It is used in the chemical scrubbers for foul air odor control as well as direct dosing in the liquid stream as the trunklines enter the plants, the headworks and flow splitter boxes within the facilities.. • In fiscal year 2006-07, USP was awarded a one-year contract(2006-2007)for the amount of$1.249.500.00 plus tax for the contract period of July 1, 20D6 through June 30, 2007, with four(4) one-year renewal periods. • The unit price with USP will be increased due to high demand for the product in the pulp and paper industry and global demand, escalating costs for natural gas, material, labor and freight. Freight costs have increased 10-20%, and fuel surcharges increased 5-8%. In addition, insurance costs have increased by approximately 40%. • There has been a steady increase in hydrogen peroxide pricing, which USP did not anticipate in their initial contract bid. • Recent bid outcomes from OCSD and other public agencies have resulted in USP being the only viable and competitive peroxide distributor. • Based on purchasing 880,000 gallons of hydrogen peroxide at a unit price of$1.607 per gallon plus applicable tax, the contract would result in an amount of$1,414,160.00 plus tax. F.No.0 1F 2 Rm�ea RWIN] Page 1 • The contingency amount is recommended by Purchasing/Contracts for use if needed per current Authorization criteria. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION The original contract with LISP was awarded on April 22, 2002 and amended on December 18, 2002 per Specification C-2002-90. Funds are budgeted annually for this commodity and approved within the Operating Budget when adopted. Foam No.ow.max FMW M1107 Page 2 OPERATIONS COMMITTEE Meeting Date To ad.or Dir. 5/02/07 05/25/07 AGENDA REPORT Fe Number Item Number OP07-06 11M Orange County Sanitation District FROM: Nick Arhontes, Director of Operations and Maintenance Originator: Simon Watson, Maintenance Manager SUBJECT: CENTRAL GENERATION ENGINE OVERHAUL PROJECT SPECIFICATION NO. S-2006-308 GENERAL MANAGER'S RECOMMENDATION Ratify Change Order No. 2 to Purchase Order 102687-OA issued to NRG Engine Services, LLC, for Central Generation Engine Overhaul Project, Specification No. 5-2006-308, for additional work, authorizing an addition of$180,000, increasing the total purchase order amount to $759,034. SUMMARY • Two Central Generation engine overhauls were approved for fiscal year 2006- 2007 for an amount not to exceed $700,000. • The project was publicly bid and NRG Engine Services LLC was awarded the contract as the lowest responsive bidder for a total project cost of$530,034. • During the overhaul of Engine#2 at Plant 1, a worn camshaft hub was discovered. This was unanticipated work and not included in the original bid. Change Order No. 1 was authorized to replace the necessary parts for an amount not to exceed $49,000. This additional work increased the total project cost to $579,034. • During the overhaul of Engine#5 at Plant 2, it was discovered that several camshaft lobes on both camshafts had excessive wear and needed replacing. Because the engine had over 84,000 hours of run time, staff recommended replacing all the lobes and not just those that were severely worn. This requires that Change Order No. 2 be authorized for an added $180,000. • The $180,000 addition raised the total project cost to $759,034. This is $59,034 above the contract pre-approval page budget amount which provided an amount not to exceed $700,000. FOM No,DM03-3 Re...OWM7 H:kgl�eda AOenda Reams• 7B WAPe RepdBe507giemt1(k).NRG.d= Page 1 There would be $35,430 in possible monthly power demand costs if the engine were not operating during the summer peak power cost period (June 3 — October 7). The parts required to repair the engine have to be manufactured with a six week lead time. Staff authorized ordering the parts as time was of the essence to ensure the repair of the engine with reliable parts prior to summer peak hours beginning. The firm's staff will return and install the new parts once they arrive and complete the work, including testing, by May 31. PRIOR COMMITTEEIBOARD ACTIONS NA ADDITIONAL INFORMATION The authorized funding for a contract amount not to exceed $700,000 during the fiscal year was approved in the 2006-2007 budget adoption process. If the change order is not authorized, the risk of not having a standby generator during peak power rates for Plant No. 2 would be increased, resulting in the need to import power from Southern California Edison at a possible monthly cost of $35,430. Funds exist within the Department's Operating Budget to cover the added costs. Reassembling and running the engine with the worn parts could lead to reduced reliability and added internal parts failure. F.No.o ,.,2 nanea avalmi HWlMVYenW BovElpFffi RpwN2Y])MVC OgmEe RgaNb50TAxn I I(k)NRG O Page 2 OPERATIONS COMMITTEE Meenn,Dal, Tn��Ofa'• 05/02/07 05123/07 AGENDA REPORT Item Number Item Number OP0747 111 Orange County Sanitation District DiSolids soon AHandling 8 FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Pam Koester SUBJECT: PLANT NO. 2 PRIMARY SLUDGE FEED SYSTEM, JOB NO. P2-91 GENERAL MANAGER'S RECOMMENDATION 1. Approve a budget amendment for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,852,700, for a total budget of$24,339,815; 2. Approve Amendment No. 3 to the Professional Services Agreement with Brown and Caldwell, providing for construction support services for$577,687, increasing the total contract amount not to exceed $3,596,697; and, 3. Approve a 1.5% contingency for amendments to said agreement ($54,000). SUMMARY • The purpose of Job No. P2-91 is to construct a new primary sludge loop system to feed the digesters. • Brown and Caldwell completed the plans and specifications for Job No. P2-91 in January 2007. Staff received permission to negotiate for construction support services at the March 2007 Board meeting. • Staff recommends that Amendment No. 3 be issued to Brown and Caldwell for construction support services for Job No. 132-91 in an amount not to exceed $577,687. • Brown and Caldwell completed the design of this project and construction support services are required which include reviewing submittals, responding to requests for information, preparing design modifications, attending construction meetings and site visits, preparing operations manuals, performing specialty inspections, participating in commissioning activities, and preparing record drawings. • These construction support services shall be authorized only as required and managed by the Orange County Sanitation District's (Sanitation District) Project Manager. The proposed fee is reasonable for a project of this magnitude and is consistent with fees for similar services on past Sanitation District projects. Form No.ow-waz Rw1..o ovuuor Page 1 • The budget increase is being requested for more Sanitation District staff inspector and engineer time that will be required due to the complex nature of this rehabilitation project and to increase the project contingency to equal 10% of the recently bid construction cost. PRIOR COMMITTEEIBOARD ACTIONS • Approval of Professional Service Agreement (PSA) with Brown and Caldwell for an amount not to exceed $2,677,550. (Board — September 2004) • Approval of Amendment No. 1 to the PSA with Brown and Caldwell for $312,816, increasing the total contract amount not to exceed $2,990,366. (Board — March 2006) • Approval of Amendment No. 2 to the PSA with Brown and Caldwell for $28,644, increasing the total contract amount not to exceed $3,019,010. (Board — December 2006) • Authorize staff to commence negotiations with Brown and Caldwell for construction support services for Job No. P2-91. (Board — March 2007) ADDITIONAL INFORMATION This approval complies with authority levels of the Orange County Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 63). Award Date: 9122I04 Contract Amount: $3,596,697 Contingency: 1.6% JH:PK:kf:bm H:\ntglobal%genda Draft Reports\Operatlons\P2-91 EO Agenda Report consultant May 2007.dm Form No.DW-1022 R-.WO110eg7 Page 2 OPERATIONS COMMITTEE Meeting Date Tofid.or Dir. 05/02/07 05/23/07 Item AGENDA REPORT m Number Item Number OP0748 MUM) Orange County Sanitation District Solids &Di Digestion Handling 9 ) Primary Treatment 17y FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Pam Koester/Bob Schirripa SUBJECT: PLANT NO. 2 PRIMARY SLUDGE FEED SYSTEM, JOB NO. 132-91, PRIMARY TREATMENT REHABILITATION AND REFURBISHMENT, JOB NO. P2-80. GENERAL MANAGER'S RECOMMENDATION 1. Approve an increase in the Construction Budget for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, in the amount of$1,314,500, increasing the total Project Budget to $25,654,315; 2. Approve plans and specifications for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, on file at the office of the Clerk of the Board; 3. Approve Addendum Nos. 1, 2, and 3 to the plans and specifications; 4. Receive and file bid tabulation and recommendation; 5. Award a construction contract to Shimmick Construction for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, for a total amount not to exceed $36,764,000; 6. Approve an 8.75% contingency for change orders to said construction contract ($1,427,500) for Job No. P2-91; and, 7. Approve an 8.75% contingency for change orders to said construction contract ($1,789,300) for Job No. P2-80. SUMMARY • The purpose of Job No. P2-91 is to construct a new primary sludge loop system to feed the digesters. The purpose of Job No. P2-80 is to provide new primary sludge pumps to feed the new loop system constructed under Job No. P2-91 and a new scum system. F..Na..,u npawa nepon-eo.,a PweW IN6Ffi Page 1 • Since it was determined during design that the construction schedules for both projects and the construction of certain project elements for each project would be highly dependant on each other, it was decided that both jobs should be constructed by the same contractor. The construction costs will be tracked separately between the two projects as specified in the CIP Budget Book • Brown and Caldwell and Malcolm Pirnie completed the plans and specifications for Job No, P2-91 and P2-80, respectively, in January 2007. Sealed bids were received on April 10, 2007. • Summary information on the bid opening for P2-91 and P2-80 is as follows: Total Bid 152-91 P2-80 Project Budget: $85,695,325 $24,339,815 $61,355,510 Construction Contract Budget:$53,700,000 $15,000,000 $38,700,000 Engineer's Estimate: $37,556,600 $14,780,000 $22,776,600 Lowest Responsive Bid: $36,764,000 $16,314,500 $20,449,500 High Responsive Bid: $42,145,742 Number of Bids Received: 2 Note: The shared mobilization and insurance costs, totaling $1,623,900, were split between Job Nos. P2-91 and P2-80. The remaining bid items were included in the appropriate job. • Although the lowest responsive bid is below the overall Engineer's Estimate, the portion of the total bid attributed to Job No. P2-91 is not below the Engineer's Estimate or Construction Contract Budget for that job. Staff requests that the Construction Contract Budget be increased by $1,314,500 from $15,000,000 to $16,314,500 for Job No. P2-91. • The Director of Engineering recommends the award of the construction contract for Plant No. 2 Primary Sludge Feed System, Job No. P2-91, and Primary Treatment Rehabilitation and Refurbishment, Job No. P2-80, to the lowest, responsive, responsible bidder, Shimmick Construction, in an amount not to exceed $36,764,000 and an 8.75% contingency for each job. • An 8.75% contingency for change orders is being requested per the Delegation of Authority. PRIOR COMMITTEEIBOARD ACTIONS N/A Form No.Ow102 Pgnga Repon-Boma Rmxo IbCEIJG Page 2 w ADDITIONAL INFORMATION The contractor's selection process was conducted in accordance with the Orange County Sanitation District's adopted policies and procedures. This item has been budgeted. (Line item: Section 8, Page 63 for Job No. P2-91, and Line item: Section 8, Page 52 for Job No. P2-80). Award Date: 5I23I07 122-91 Contract Amount: $16,314,500 Contingency:8.75% P2.80 Contract Amount: $20,449,500 Contingency: 8.75% JH:PK:RS:kf:bm H:tnlplobahAgenda Draft RepodalOparalionslP2-91 and P2-80 Amrd Constmclion Coniracl rev i 052307.dm F.No.OWt@ eBeMMw aeM�-emm pMeee t]la&SB Page 3 OPERATIONS COMMITTEE meeting Date To ad.of Dlr. 05/02/07 05/23/07 AGENDA REPORT Item Number Item Number OP07-49 11(n) Orange County Sanitation District Mutility Systems FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Michael Puccio SUBJECT: 66KV SUBSTATION AT PLANT NO. 1, JOB NO. P1-97 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 1 to the Sole Source Agreement with Southern California Edison for engineering services, fees, materials, and labor for 66kV Substation at Plant No. 1, Job No. P1-97, for an additional amount of$1,150,000 increasing the total contract amount not to exceed $7,202,000; 2. Approve a decrease to the Southern California Edison Monthly Added Facilities Charge of$440 for a total monthly amount of$15,292. This monthly fee is part of this contract but is paid through the operating budget; and, 3. Approve a 5% contingency for amendments to said agreement ($360,100). SUMMARY • The purpose of this project is to provide sufficient electrical service capacity to supply power to the loads for new facilities that will be added to Plant No. 1 through 2012. • The Amendment adds scope to the existing Southern California Edison (SCE) agreement including construction of all foundations and associated underground substructures for the new 56MVA substation. • The Monthly Added Facilities Charge was decreased based on Public Utility Commission (PUC) rule changes. • This scope was originally planned to be constructed by the Orange County Sanitation District's (Sanitation District) contractor but it is recommended to be reassigned to SCE to reduce the risk of change orders due to coordination issues and reduce the duration of the project. Forth No.owio22 R— ovmm Page 1 PRIOR COMMITTEE/BOARD ACTIONS • Approval of Professional Services Agreement(PSA) with CDM for an amount not to exceed $779,381. (February 2006) • Approval of Sole Source Agreement with SCE for an amount not to exceed $6,052,000; and increase the project budget in the amount of$4,302,947 for a total amount of$9,475,538. (March 2006) ADDITIONAL INFORMATION This Amendment No. 1 complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 75). Award Date: 5123107 Contract Amount: $7,202,000 Contingency%: 5% JH:MP:kf H9nlg1obaNAgenda Draft RepH:lntglobaKAgenda Draft Reports\Operations\Pi-97 SCE Addendum ARA= F..No.M u,2-2 Reu.Mnw Page 2 OPERATIONS COMMITTEE "eetlng DdOe TOBd;d Dlr. 051oz107 os/2i�o7 Number AGENDA REPORT o�vois0 Nuffber "tl11(p) Orange County Sanitatlon District (� Misc.A Support Projects FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Matt Smith SUBJECT: INTEGRATED PROGRAM MANAGEMENT CONSULTANTS (IPMC) GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 7 to the Professional Services Agreement with Integrated Program Management Consultants, a joint venture of Parsons Water and Infrastructure Inc., and CH2MHill, Inc., for Program Management Services for the Capital Improvement Program for an additional five-year period through FY 2011-12; and, 2. Approve an additional amount of$15,997,936 for FY 2007-08, increasing the total contract amount not to exceed $76,089,975. SUMMARY • We are currently in the fifth year of a five-year contract with Integrated Program Management Consultants (IPMC). It is anticipated that the current Capital Improvement Program (CIP) will require the use of IPMC at least through Fiscal Year (FY) 2011-12 to coincide with the completion of the secondary treatment projects. • Staff will be working on 83 active projects during FY 2007-08 with estimated cash expenditures in excess of$290,000,000. Cash expenditure projections peak in FY 2008-09 with annual expenditures exceeding $300,000,000. • A detailed planning effort, along with resource forecasting, has identified the need for 70 IPMC staff to augment the Orange County Sanitation District (Sanitation District) staff to complete next fiscal year's work. Most of the identified staff are currently working on Sanitation District projects. New hires, and/or replacement staff will be phased in over the fiscal year as required. IPMC will augment Sanitation District staff in Division 750 (Project Management), Division 770 (Fast Track Projects), Division 820 (Process Engineering), and Division 760 (Engineering and Construction). The functions these people will perform are described in more detail below, along with the recommended budget for FY 2007-08. Form No,owraax aN•.aowimi Page 1 • The benefits provided by IPMC include the rapid mobilization of highly skilled/technical staff, flexibility of staff mix on an immediate, and as-needed basis, — the ability to quickly reduce staff as workloads decrease, project controls expertise, and many years of experience working on similar programs throughout the United States. Staff believes that using a Program Management Consultant approach is a practical, cost-effective, and efficient way to augment Sanitation District staff to deliver the CIP. PRIOR COMMITTEEIBOARD ACTIONS • Approval of Professional Services Agreement with Integrated Program Management Consultants for an amount not to exceed $3,935,274. (PDC-August 2002). • Approval of Amendment No. 1 to the Professional Services Agreement with Integrated Program Management Consultants for $50,000, increasing the total amount not to exceed $3,985,274. (PDC —June 2003). • Approval of Amendment No. 2 to the Professional Services Agreement with Integrated Program Management Consultants for $50,000, increasing the total amount not to exceed $4,035,274 (PDC —June 2003). • Approval of Amendment No. 3 to the Professional Services Agreement with Integrated Program Management Consultants for$150,000, and an additional $12,484,750 for year two of the contract, FY 2003-04, increasing the total amount not to exceed $16,670,024.(Board —June 2003). • Approval of Amendment No. 4 to the Professional Services Agreement with Integrated Program Management Consultants for $12,836,801, increasing the total amount not to exceed $29,506,825 (PDC—June 2004). • Approval of Amendment No. 5 to the Professional Services Agreement with Integrated Program Management Consultants for $15,585,558, increasing the total amount not to exceed $45,092,3835 (PDC—June 2005). • Approval of Amendment No. 6 to the Professional Services Agreement with Integrated Program Management Consultants for $14,999,656, increasing the total amount not to exceed $60,092,039 (PDC— May 2006). ADDITIONAL INFORMATION The Sanitation District will require IPMC services beyond the existing five-year contract which is currently scheduled for expiration at the end of FY 2006-07. Based on the current schedule and project workload, staff has estimated the level of effort that will be required through FY 2011-2012. It is currently anticipated that no IPMC Staff will be required after FY 2011-2012; however, staff will continually estimate the need for staff, both permanent and temporary, to support the CIP. Fom No,D I0Y3 PMaE0Y91N] Page 2 Staff is continually evaluating whether to hire permanent staff and reduce the number of IPMC staff. The estimate of IPMC staff required for each fiscal year does not include the addition of more permanent Sanitation District staff which would reduce the IPMC staff needs currently projected. For the anticipated ten-year duration of the IPMC contract, the overall staff costs associated with the CIP are about$382,000,000 (currently estimated at $267,000,000 for Sanitation District staff, and $115,000,000 for IPMC staff). During this period of time, the Sanitation District will be expending approximately$2,600,000,000 for engineering, design, and construction of capital facilities. The $115,000,000 planned to be expended for IPMC support equates to 4.4% of the total planned expenditures. The average hourly billing rate for IPMC staff is approximately $123/hr. IPMC billing rate includes salaries, benefits, fixed costs which are sometimes referred to as overhead (Buildings, Administration, Utilities, Insurance, etc.), and a 5% profit. The "overhead" rate which is applied to an employee's raw salary is approximately 145% for IPMC. As a comparison, the engineering consultants who conduct studies, and develop designs for the Sanitation District typically have an overhead rate range of about 190 to 200%. IPMC overhead rate is 145% because the Sanitation District is providing office space and equipment to their field staff. The costs for IPMC will be charged to the individual CIP projects. Funding for IPMC costs are included in individual project budgets. Each fiscal year, as projects are planned, scheduled, budgeted, and resource needs identified, a projected cost will be presented to the Operations Committee for approval. Semi-annual updates for the entire program will also be provided. Project Management Office (Pll The PMO is home to the project management and project controls staff. Project Management Staffing: In FY 2007-08, the PMO will be managing 83 active projects with a budget of $2,300,000,000. The project budget ranges in size from $1,000,000 to over $250,000,000. The Sanitation District has completed a staffing analysis, and believes a workload of three to six projects per Project Manager (PM) (based on size, and complexity) is appropriate. IPMC will provide nine personnel to augment the Sanitation District's Project Management Personnel in the PMO. The nine positions are described below: • One PM (Salgaonkar) to provide general management and supervision of all IPMC staff. The PM will work with the Director of Engineering, the PMO Manager, and Engineering and Construction Manager to ensure compliance with contracts, policies, and procedures. The PM will provide technical oversight and direction in all aspects of the program and help ensure successful delivery of the CIP. The PM manages technical work executed by the home office staff. • Five PMs (Acevedo, MacDonald, May, Rapagna, and Schirripa)to supplement the six Sanitation District PMs. The PMs provide day-to-day management and technical knowledge to deliver the assigned projects. Fam NO 10?2 Rm,, 0W1M7 Page 3 • One PM (MacLeod) to deliver the Fast Track Projects. These smaller capital projects are needed to enhance safety, reliability, and efficiency of facility operations. • One Cost Engineer and Business Manager (Billhardt) to provide assistance in the areas of time keeping, resources, accounting, and contracts management. • One Administrative Assistant (Moore) to provide clerical and general administrative support, e.g., preparing agenda reports, general correspondence. Project Controls Staff: Currently there are 177 projects being tracked by the Project Controls Group. Of these, 83 are active engineering projects, 22 are in future, and 72 are cancelled or completed. These projects require a variety of monthly updates including cost reporting, development of performance measures, reports, and other presentation materials. Each staff function is described below. • One Project Controls Manager/Scheduler (Michael) to provide scheduling and cost reporting support, QA/QC, technical oversight, and direction to controls staff. • Two Project Schedulers (Rodriquez, Moseley) assigned to PMO to prepare project cost, and schedule updates and milestone tracking in support of PMO Project Managers. Other duties performed by the schedulers include assisting in the CIP budgeting process, rash flow updates, preparation and updating of resource and workload planning information, providing input to the preparation of the Engineering CIP Semi Annual Report, and provide training and support to Sanitation District staff on the use of the various computer software tools including P3/ec, Access, and Business Object. • One Program Controls Analyst (Gaus) to maintain and process the baseline cost and schedule databases. Other duties include providing technical support to PMs in preparing monthly and fiscal year cash flow analysis and report development, preparation of PMO meeting presentation materials, and assisting in the preparation of annual CIP updates and other programmatic cost and schedule reports. • One Project Controls Analyst (Reichenbach) assigned to assist in time reporting, charge numbers, and general quality assurance of data used in the system. Other duties include preparation of the semi-annual reports, updating the PM Manual, and maintaining portions of the automated weekly timesheet in PCS for Sanitation District staff. She will also serve as part-time scheduler on a number of Engineering CIP projects. • Three Construction Cost Estimators (Davison, Zimmerman, Villanueva) assigned to prepare estimates for change orders, help negotiate changes during construction, review design consultant estimates, and provide cost estimate input during the annual CIP validation process. F..N0.D IW.3 perigeeOwtul Page 4 • One Construction Field Scheduling Lead (Werner) to provide oversight on all matters related to the construction field scheduling. Other duties include review and guidance in the preparation of monthly construction schedule analysis reports prepared by IPMC and the Sanitation District field schedule personnel. Will also participate in the preparation of time impact analysis and review of contractor submitted claims. • Three Construction Field Schedulers (White, Sugasawara, one new hire) assigned to ensure that contractors provide quality baseline schedules and keep them current (a vital element in our claims avoidance program). Field Schedulers review the contractor's initial schedule submittal and the schedule of values. Monthly updates are required from the contractors, which must also be reviewed. Progress claimed by the contractors must be reviewed against the schedule plan each month for payment, and any request for additional time through change orders must be analyzed. Engineering & Construction Management(Division 760) IPMC is providing personnel to augment the Sanitation District's Engineering and Construction Management (E&CM) staff. E&CM is responsible for providing all the technical resources to the Project Managers. General assignments and duties are as follows: • Eight Resident Engineers/Construction Managers (Collins, Haid, Bryan, Bomkamp, Davis, Rein, Waite, Vohra) to support construction management of CIP projects within the boundaries of the Sanitation District's two operating treatment facilities. They will utilize existing Sanitation District CM policies and procedures to represent the Sanitation District, coordinate construction activities, manage the construction contract, and document contractor compliance with the contract requirements. • Four Resident Engineers (Cuellar, Bomberger, two new hires) to support construction management of CIP projects outside of the plant boundaries, i.e., for pipeline and pump station contracts. They will utilize existing Sanitation District CM policies and procedures to represent the Sanitation District, coordinate construction activities, manage the construction contract, and document contractor compliance with the contract requirements. • Five Electrical and Instrumentation & Control (I&C) Engineers (Carey, Woods, Etemadi, Lai and new hire). These Engineers are assigned to the CIP projects to provide specialized technical support to the project teams during both the design and construction phases. They ensure consultant and construction contractor compliance with Sanitation District requirements, guidelines, and polices. • Four Project Engineers (Schock, Nazemi, Aghanian, Shah). Project Engineers serve as the technical leads within the Sanitation District's project teams, and assist the PMs with verification of the project elements, coordinating project requirements with the O&M Department, developing the design consultant SOW, selecting the design consultant, and ensuring the construction documents are prepared using the Sanitation District standards. During the construction phase, they resolve design questions and issues for the Resident Engineers. Farts No.U IW-R R...d 0=1107 Page 5 • Two Civil Designers/Computer Assisted Design & Drafting (CADD) Technicians (Tran, Beltran). The Civil Designer/CADD Technician supports the Fast Track Projects group. CADD technician also provides drafting support as directed. • Three Civil Inspectors (Martin, Sankar, one new hire) to support Quality Assurance of pipeline and pump station projects. They will utilize existing Sanitation District QA policies and procedures to represent the Sanitation District, coordinate construction and traffic control activities, monitor construction site safety, and document contractor compliance with the contract requirements. • Five Civil Inspectors (Chemotti, Gilbert, Hough, Jimenez, one new hire), three Electrical Inspector (Whitney, Chappell, one new hire), and two Instrumentation & Control Inspector (Stewart, one new hire) to support Quality Assurance of CIP projects within the two Treatment Facilities. They will utilize existing Sanitation District QA policies and procedures to represent the Sanitation District, coordinate construction and O&M activities, monitor construction site safety, and document contractor compliance with the contract requirements. • Three Tunnel Inspectors (Byers, Daniel, one new hire) to support Quality Assurance of CIP 1-10A tunnel and pipeline project. They will utilize existing Sanitation District QA policies and procedures to represent the Sanitation District, coordinate construction and traffic control activities, monitor tunnel construction site safety, and document contractor compliance with the contract requirements. • Seven Administrative Assistants (Yousef, Hays, Corona, Gonzales, Marquez, two new hires for P1-102 and P2-90) to provide a variety of administrative support including Submittals/Document Clerks (Yousef, Hays, Corona) for processing and tracking of construction contractor submittals; Project Administrative Assistants (Gonzales, two new hires)for processing project correspondence and filing; general administrative support (Marquez) for processing PM correspondence, Agenda Reports, and preparing policy and procedures manual. Operations & Maintenance (O&M) Coordination: The O&M Department provides technical support to the Engineering Department during design and construction of CIP projects. IPMC will provide three Project Engineers (Takahashi, Sharma and New Hire) to coordinate input from O&M technical staff, and to represent O&M at the various design and construction meetings. This support frees up the O&M staff to perform their regular duties. Home Office Support: "Home Office Support" is supplementary services from the offices of the Joint Venture Parties, Parsons, and CH2MHill, made readily available to support the needs of the Engineering Department. Technical study (task orders) work is based on providing engineering and other technical support for specific assignments using a pre-agreed upon scope of work, fee, and schedule. These tasks will be as authorized by the Director of Engineering when required, and.may include assistance in the following areas: Farm No.Dw-tof i Rw s�O&DlM] Page 6 • General Administration and Home Office technical Support—general administration support includes accounting, contract administration, invoices, reproduction, and safety reports and reviews. Routine home office technical support includes urgent technical support (usually task less than 40 hours) in all areas of waste water engineering, construction, and project controls. • STAG Grant Assistance - Preparing and maintaining schedules; compliance verification activities, and technical support for grants administration. • CEQA Assistance—support to the Planning Division on a variety of collections and pump station projects in preparing environmental documentation. • NEPA Assistance— primarily for secondary treatment projects. • Tunneling Expertise—provide as needed technical expertise on several jobs which involve tunneling. • O&M studies—Support O&M with studies on various issues. • Visitor Exhibit Designs and Community Outreach Support—assist the Communications Department as needed on all collections projects in preparing outreach plans, conducting meetings, crisis management plans, etc. Assist in preparing conceptual layouts and design for a visitor space plan for the Administration Building. • Expedition Training and Implementation —assist in training on web-based Expedition and developing a construction dashboard. • PCS troubleshooting and upgrades—assist IT in maintaining the PCS system and upgrades. • General technical support—throughout the year issues come up which need immediate attention and technical support. For example, in FY 05/06 we completed the biosolids hauling study, and SARI pipeline realignment study. ALTERNATIVES Increase the Sanitation District's permanent Staff—This option would require a lengthy process and extensive effort to recruit, hire, train, and make productive a large number of new employees. It is also projected that staffing needs will vary from year to year, and that after the completion of the consent order work, the Sanitation District will not need these permanent staff to manage the future CIP. This option would not be optimum for filling these varying needs. Award Date: 5123107 Contract Amount: $76,089,975 Contingency%: NA JH:MS:kf:gc HMigbbaMgenda DrA Reports\op mtionsuntegmted Program Management Consutlanh.dm Fonn No.O 1022 ewM O lM7 Page 7 OPERATIONS COMMITTEE r4:01oaoe r•ee. r. Os/02/07 OS/73/owa7 AGENDA REPORT tldn Item1(p) -51 Number OP07W-51 I Orange County Sanitation District FROM: James D. Ruth, General Manager Originators: Nick Arhontes, Director of Operations & Maintenance Lorenzo Tyner, Director of Finance and Administrative Services Ed Torres, Director of Technical Services SUBJECT: SOLE SOURCE PROCUREMENTS FOR REPAIRS, MAINTENANCE, AND SERVICE OF EXISTING EQUIPMENT GENERAL MANAGER'S RECOMMENDATION - Authorize sole source procurement required to maintain, service, or replace existing Original Equipment Manufacturer equipment in OCSD facilities that cannot be substituted due to functionality and integration with existing systems, or are available from only one source for manufacturers. The following equipment, parts and services from the listed Original Equipment Manufacturers (OEM) are pre-approved as sole source items: • AANDERA DATA INSTRUMENTS — Current meter • ALFA-LAVAL— Heat exchangers for digesters • AMERICAN SIGMA— Liquid samplers • AM-LINER®PVC — Sewer lining • ASHBROOK (BELLMER /WINKLER) —Sludge beltfilter presses • BASLER— Electrical protective relays and regulators • BIO-MERIEUX— Bacterial identification system • CALIFORNIA RECREATION COMPANY—Vessel Nerissa slip fees • CHESTERTON — Mechanical seals for process equipment • DEZURIK WATER CONTROLS— Process valves • EATON -Variable frequency drives for process pumps • ENTRONICS (ROLLS ROYCE) — Central Generation engine controls • GOULD/ITTNEOMANS— Process pumps • LECO—GC Time of Flight mass spectrometer • LIMITORQUE — Process valves • MARLOW— Process pumps • MOYNO— Process pumps • MUFFIN MONSTER—Sludge grinders • NATIONAL FILTER MEDIA/FILTER BELTS— Sludge belt filter press belts • PERKIN ELMER— ICP Mass Spectrometer • PUTZMEISTER—Sludge transfer pumps (truck loading plant 2) Form W.ovtioa: nsn.ea mroru� Page 1 • ROBICON —Variable frequency drives for pumps • ROTORQUE —Valve actuators • SANCON 100 Epoxy/ Urethane— Coating system • SCHWING —Sludge transfer pumps (truck loading plant 1) • SEABIRD— Ocean Monitoring instrumentation • SKALAR— BOD robotics • SPARLING INSTRUMENTS— Process flow meters • TELEDYNE — RD instrumentation • THERMO ELECTRON — ICP Atomic Emission Spectrometer and GC Mass Spectrometer • TURBLEX—Aeration blowers • VAUGHN — Process pumps • WATERS CORPORATION — Liquid chromatograph mass spectrometer The following additional proprietary providers are pre-approved: • Arc Wireless — Paging services • BEG— Building Electronics Control System • Bentley- Microstation CAD drawing program • Business Objects— Business Objects Software • ESRI —GIS Software • FileNet Corp. — Electronic Document Management System • First American Real Estate—Online Geographic— Realquest Report • IBM — Hardware Maintenance AS400 • IPI Gram Tech — Informatioa Software • Labware— Laboratory Information Management System • Oracle/JD Edwards— Enterprise One Materials, Equipment and Services • Oracle— Oracle Database • Rand McNally-Thomas Brothers Maps • RBMWARE— Software and 2310 vibration analyzers • TMV Systems—SCADA Historian • Workforce—Time Entry SUMMARY The Directors of Operations and Maintenance, Finance and Administrative Services, and Technical Services request the Board's approval of the individual sole source procurement of the goods and services described in this agenda report. The products are required to maintain, service, or replace existing OEM (Original Equipment Manufacturer) equipment in OCSD facilities that cannot be substituted due to functionality and integration with existing systems, or are available from only one source. Each of the goods or services is provided by a "provider of goods or services" (i.e., manufacturer) which has consistently been "determined to be uniquely qualified to provide specialized goods or perform specialized services," as described in Section Form No.ow toz-x �aeeO=W Page 2 3.10.A. of the Delegation of Authority, Resolution 07-04. These goods and services may also meet other OCSD criteria allowing sole source procurement. The Board's approval would not affect staffs ongoing obligations under Section VI of the Delegation of Authority, which requires reporting and/or approval of certain agreements regardless of whether they are sole source agreements. The purchasing and bidding procedures in Article IV of the Delegation of Authority will also continue to be implemented when the goods or services can be supplied by multiple vendors. Staff is committed to constantly look for alternative providers and to readdress proprietary issues as warranted. PRIOR COMMITTEE/BOARD ACTIONS NA ADDITIONAL INFORMATION Section 3.10.C. of the Delegation of Authority states that "all sole sources shall require pre-approval from the requesting Department Head, the Contracts/Purchasing Manger and the Director of Finance." The District has established internal procedures for implementing this requirement which have proved unnecessarily cumbersome. District staff could defensibly establish a one-time staff pre-approval of the sole source procurements described in order to minimize repetitive staff approvals. However, to maximize transparency, District staff seeks the Board's approval of the listed sole source procurements. Two alternatives to staffs recommendation are possible. The Board could direct staff not to change the District's internal procedures regarding sole sourcing, which would perpetuate current inefficiencies. Alternatively, the Board could instruct staff to change the District's internal procedures regarding sole sourcing without Board consultation. The recommended action is statutorily exempt from the California Environmental Quality Act under Public Resource Code Sections 15060 and 15378 because the action will not result in a direct or reasonably foreseeable indirect physical change in the environment. The sole source procurements requested in this Agenda Report are approximately 13.6% of the District Maintenance and Repairs budget Form No.w iW2 Ate'®°°.1W Page 3 1 MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, May 9, 2007, AT 5:00 P.M. A meeting of the Administration Committee of the Orange County Sanitation District was held on May 9, 2007, at 5:00 p.m., in the Sanitation Districts Administrative Office. (1) The roll was called and a quorum declared present, as follows: ADMINISTRATION COMMITTEE STAFF PRESENT: MEMBERS: Jim Ruth, General Manager DIRECTORS PRESENT: Bob Ghirelli,Assistant General Manager Mark Waldman, Chair Lorenzo Tyner, Director of Finance and Phil Luebben, Vice Chair Administrative Services Steven Choi Jeff Reed, Human Resources and Employee Bill Dalton Relations Manager Jon Dumitru Mike White, Controller Joy Neugebauer Lille Kovac, Committee Secretary Chris Norby Norbert Gaia Ken Parker Randy Kleinman Sal Tinajero Juanita Skillman Jim Winder Doug Davert, Board Vice Chair OTHERS PRESENT: Jim Ferryman, Board Chair Brad Hogin, General Counsel Don McLean, Driver-Alliance DIRECTORS ABSENT: Rich Freschi Darryl Miller (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Waldman did not give a report. Minutes of the Administration Committee May 9, 2007 Page 2 (5) REPORT OF THE GENERAL MANAGER General Manager, Jim Ruth, did not give a report. (6) REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES Lorenzo Tyner, Director of Finance and Administration, reported that$95 million of Board- approved debt was recently refinanced netting a savings of approximately$4.5 million. (7) REPORT OF GENERAL COUNSEL Brad Hogin, General Counsel, reported that the Travelers Insurance litigation has reached a settlement amount that staff agreed to, and will be presented at the May Board meeting for discussion and consideration. (8) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. MOVED, SECONDED AND DULY CARRIED: Approve minutes of the April 11, 2007 meeting of the Administration Committee. b. ADM07-32 MOVED, SECONDED AND DULY CARRIED: Recommend to the Board of Directors to adopt Resolution No. OCSD 07-_,Adopting the Updated Records Retention Schedule and Records Series Definitions, Authorizing Destruction of Obsolete Records, and Repealing Resolution No. OCSD 06-08. END OF CONSENT CALENDAR (9) ACTION ITEMS No items were considered. (10) INFORMATIONAL ITEMS a. ADM07-33 Annual Renewal of the District's Major Insurance Programs for FY 2007-08. Mike White, Controller, introduced Don MacLean of Driver-Alliant Insurance Services, who presented a summary of estimated insurance quotes. These insurance quotes will be finalized and presented to the Board of Directors for approval in June. Minutes of the Administration Committee May 9, 2007 Page 3 b. ADM07-34 FY 2007-08 District Budget Lorenzo Tyner, Director of Finance and Administrative Services, briefly presented the revenue summary as part of the development of the 2007/08 budget process. The budget will be presented to the Committee and Board of Directors for approval in June. (11) CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1). The Committee convened in Closed Session at 5:14 p.m. pursuant to Government Code Section 54957. Confidential Minutes of the Closed Session held by the Administration Committee have been prepared in accordance with California Government Code Section 54957(b)(1), and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 5:39 p.m. (12) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) FUTURE MEETING DATES The next regular Administration Committee meeting is scheduled for June 13, 2007, at 5 p.m. (15) ADJOURNMENT The Chair declared the meeting adjourned at 5:40 p.m. Submitted by: Lilla Kovac` Committee Secretary HAdepPagen88\CWMiBeesVWmin COMMI M(17T050907 Administration Minad= " ADMINISTRATION COMMITTEE Meeting Date To Bd.WDir. 0523/07 OW3107 Item Number Item Number AGENDA REPORT J ADM07J2 12tb) Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: Update of the District's Records Management Policy and Procedures GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 07-08, adopting the Updated Records Management Program and Procedures, Retention Schedule and Record Series Definitions for the District's Records Management Program, and Authorizing Destruction of Obsolete Records, and Repealing Resolution No. OCSD 06-08. SUMMARY The District's Records Management Program is updated annually to meet new statutory regulations and better serve the operational needs of the District. This year's changes focus on the following: • Section 9, Records Hold and Release Policy and Procedures, is a new addition to the Records Management Policies and Procedures. It further defines our Legal Hold Policy to comply with the new Federal Rules of Civil Procedure which went into effect 12/1/06. • The updated Records Retention Schedule and Record Series Definitions include: Coordination with Engineering's Master List of Files Administrative changes of titles and divisions Changes in division responsibilities and reporting structures Requested changes in retention periods reflecting operational needs PRIOR COMMITTEE/BOARD ACTIONS The Records Management Program was originally approved by the Board in October, 2000. It is updated annually, the last update being Resolution No. OCSD 06-08 in April 2006. ADDITIONAL INFORMATION The District's Records Management Program is a dynamic program, which documents how long to keep various types of information, as dictated by the legal, fiscal, audit or operational needs of the District. As a public agency we have an obligation to effectively manage and maintain the District's information, most of which is classified as public information. These policies and procedures are reviewed on an annual basis and the changes have been reviewed with and approved by General Counsel's office. ATTACHMENTS 1. Proposed resolution tt RESOLUTION NO. OCSD 07-08 ADOPTING THE UPDATED RECORDS MANAGEMENT PROGRAM POLICIES AND PROCEDURES, RETENTION SCHEDULE AND RECORD SERIES DEFINITIONS FOR THE DISTRICT'S RECORDS MANAGEMENT PROGRAM, AND AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS, AND REPEALING RESOLUTION NO. OCSD 06-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING THE NEW RECORDS MANAGEMENT POLICY AND PROCEDURE #9, RECORDS HOLD AND RELEASE, UPDATED RETENTION SCHEDULE AND RECORD SERIES DEFINITIONS, AND AUTHORIZING DESTRUCTION OF OBSOLETE RECORDS, AND REPEALING RESOLUTION NO. OCSD 06-08 WHEREAS, it is necessary to establish a policy to maintain a Records Management Program ("Program") that provides for the identification, access, and protection of all records generated or received by the District; and WHEREAS, said Program ensures that all District records are created, received, maintained, and destroyed in a cost-effective manner, in accordance with operating requirements for District business and applicable statutes and regulations; and WHEREAS, the Board of Directors of District is authorized, by the provisions of California Government Code Sections 60200 through 60204, inclusive to destroy records under certain conditions; and WHEREAS, it is desirable and appropriate to authorize the destruction of records on a routine basis that have been retained for a certain period of time, that are copies of originals on file with the District, or that have been preserved in conformance with all applicable statutes. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: 1.1 Section 1: Adoption of new Records Hold and Release Policv and Procedure (Section #9). The Board of Directors of the District hereby adopts Section 9 of the Records Management Policy and Procedures whereby a hold may be placed on the scheduled destruction of records that are deemed relevant to foreseeable or pending litigation, B. governmental investigation, audit, special organizational requirements, or other business needs not contemplated when the records were originally scheduled for disposal. Section 2: Adoption of Updated Records Retention Schedule and Definitions of Record Series. The Board of Directors of the District hereby adopts changes to the Records Retention Schedule, set forth in Appendix "A" and "B" attached hereto and incorporated herein by reference. Section 3: Authorization for Destruction of Records. The destruction of certain records, papers, and documents is hereby authorized, pursuant to California Government Code Sections 60200 et seq., after such records have been retained for the minimum time set forth on the Records Retention Schedule. Section 4: Destruction of Records After Preservation. Any record not expressly required by law to be filed and preserved, may be destroyed at any time after it is preserved in conformance with the requirements of California Government Code Section 60203. Section 5: Destruction of Duplicates. Pursuant to California Government Code Section 60200, any duplicate record, paper, or document, the original or a permanent photographic copy of which is in the files of any office or Department of the District, may be destroyed after confirmation with Records Management that such original or permanent photographic copy remains on file in the District. Section 6: Retention of Records Not Mentioned. All records, papers, and documents not mentioned in this Resolution shall be retained indefinitely. Section 7: Resolution No. OCSD 06-08 is hereby repealed. PASSED AND ADOPTED at a regular meeting held May 23, 2007. Chair ATTEST: Clerk of the Board BOARD OF DIRECTORS Meetlng Date Tofitl or Dlr. os/j3(o7 AGENDA REPORT Item Number Iran Number _ 13(b1 Orange County Sanitation District Water Management Projects FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Wendy Sevenandt SUBJECT: GROUNDWATER REPLENISHMENT SYSTEM, JOB NO. J-36 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 14 to the Professional Services Agreement with Camp Dresser & McKee Inc. for the Groundwater Replenishment System, Job No. J-36, providing for an annual cost-of-living adjustment and additional construction management support services for an additional amount of$630,708, increasing the total amount not to exceed $34,966,461 to be cost-shared equally with the Orange County Water District ($315,354); and, 2. Approve Amendment No. 8 to the Professional Services Agreement with Montgomery Watson Harza for the Groundwater Replenishment System, Job No. J-36, providing for an annual cost-of-living adjustment and additional construction management services for an additional amount of$1,248,503, increasing the total amount not to exceed $15,136,862 to be cost-shared equally with the Orange County Water District ($624,251.50). SUMMARY • The Camp Dresser & McKee Inc. (CDM) professional services agreement has a provision for an annual cost-of-living adjustment for any fees remaining in the agreement. • This CDM amendment addresses the cost-of-living adjustment for 2007, additional project management, additional shop drawing reviews, task management and discipline coordination, and additional construction support services for the warehouse construction. • Montgomery Watson Harza (MWH) has been providing construction management services for the multiple Groundwater Replenishment System construction contracts. Fonn No.M-102 ftmds R.,d-eoaN ReNua: 1& 06 Page 1 • The MWH Professional Services Agreement has a provision for an annual cost-of- living adjustment for any fees remaining in the agreement. • The project completion date for the Advanced Water Purification Facility (AWPF) has been extended due to weather and change order delays. • The MWH amendment provides for the annual cost-of-living adjustment and additional construction management services due to the schedule extension. • Contingencies will not be set for these agreements in accordance with the Orange County Sanitation District's (Sanitation District) Delegation of Authority Resolution because the contracts are administered by the Orange County Water District. PRIOR COMMITTEE/BOARD ACTIONS Approval of Professional Services Agreement with CDM for an amount not to exceed $4,810,300. (Board-July 1999) Approval of Amendment No. 1 to the Professional Services Agreement with CDM for an amount not to exceed $172,649. (PDC-March 2000) Approval of Amendment No. 3 to the Professional Services Agreement with CDM for an amount not to exceed $29,924,187. (PDC-March 2001) Approval of Amendment No. 4 to the Professional Services Agreement with CDM for an amount not to exceed $369,000. (PDC-December 2001) Approval of Amendment No. 5 to the Professional Services Agreement with CDM for an amount not to exceed $557,697. (PDC-June 2002) Approval of Amendment No. 6 to the Professional Services Agreement with CDM for an amount not to exceed $(2,945,100). (PDC-September 2002) Approval of Amendment No. 7 to the Professional Services Agreement with CDM for an amount not to exceed $(25,062). (PDCJanuary 2003) Approval of Amendment No. 8 to the Professional Services Agreement with CDM for an amount not to exceed $(22,397). (PDC-May 2003) Approval of Amendment No. 9 to the Professional Services Agreement with CDM for an amount not to exceed $383,291. (PDC-May 2003) Approval of Amendment No. 10 to the Professional Services Agreement with CDM for an amount not to exceed $305,550. (PDC-October 2003) Approval of Amendment No. 11 to the Professional Services Agreement with CDM for an amount not to exceed $342,833. (PDCJune 2004) Form No.M-102 A0•n0•Repo" WM R•Ne•0: 1V1IOBroe Page 2 W Approval of Amendment No. 12 to the Professional Services Agreement Wth CDM for an amount not to exceed $185,864. (PDC-June 2005) Approval of Amendment No. 13 to the Professional Services Agreement with CDM for an amount not to exceed $219,970. (PDC-May 2006) Approval of Professional Services Agreement with MWH for an amount not to exceed $10,943,038. (Board-August 2002) Approval of Amendment No. 1 to the Professional Services Agreement with MWH for an amount not to exceed $1,423,992. (Board-October 2003) Approval of Amendment No. 2 to the Professional Services Agreement with MWH for an amount not to exceed $523,536. (PDC-October 2003) Approval of Amendment No. 3 to the Professional Services Agreement with MWH for an amount not to exceed $224,006. (PDC-August 2004) Approval of Amendment No. 4 to the Professional Services Agreement with MWH for an amount not to exceed $244,512. (PDC-August 2004) Approval of Amendment No. 5 to the Professional Services Agreement with MWH for an amount not to exceed $214,162. (PDC-December 2004) Approval of Amendment No. 6 to the Professional Services Agreement with MWH for an amount not to exceed $212,205. (PDC-July 2005) Approval of Amendment No. 7 to the Professional Services Agreement with MWH for an amount not to exceed $102,908. (PDC-August 2006) ADDITIONAL INFORMATION This authorization complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 107). CDM: Award Date: May 24,2006 Contract Amount: $34,986,461 Contingency: NIA MWH: Award Date: August 23, 2006 Contract Amount: $15,136,862 Contingency: NIA JH:WS:kf H, ntglobamgenda Draft ReponsSoard of DirectorsU-36 052307.doc Fo' No.eW 102 Agenda Repo]—Board RH�sed: 12 WDB Page 3 r ' GWR System Steering Committee April 9, 2007 J" MINUTES GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE STEERING COMMITTEE (A Committee of Orange County Water District and Orange County Sanitation District Directors) OCWD Boardroom, 10500 Ellis Avenue, Fountain Valley Monday, April 9, 2007, 5:30 p.m. Committee Members Philip L. Anthony OCWD Director, Chairman ............. Present Jim Ferryman OCSD Director,Vice Chairman.Not Present Kathryn Barr OCWD Director ........................Not Present Steve Anderson OCSD Director ............................... Present Roger Yoh OCWD Director...............................Present Don Bankhead OCSD Director ...............................Present Alternates Jan Debay OCWD Director(No. 1)..............Not Present Larry Crandall OCSD Director(No. 1)..................... Present Denis Bilodeau OCWD Director(No. 2).................... Present Darryl Miller OCSD Director(No. 2) .................... Present Steve Sheldon OCWD Director(No. 3)..............Not Present Cathy Green OCSD Director(No. 3) .................... Present Other Directors Present OCWD Directors-Claudia Alvarez, Iry Pickier CONSENT CALENDAR(ITEM NO.1) MonoNNOTE ACTION TAKEN 1. MINUTES OF PREVIOUS MEETING ANTHONY- AYE RECOMMENDATION:Approve Minutes of the March 12.2007 ANDERSON- AYE APPROVED Groundwater Replenishment System YOH- AYE Steering Committee Meeting as mailed BANKHEAD- AYE BILODEAU- SECOND,AYE CRANDALL- MOTION,AYE 2. ISSUANCE OF REQUESTS FOR PROPOSALS FOR ANTHONY- AYE PROGRAMMING SERVICES FOR THE INTEGRATION OF ANDERSON- AYE APPROVED THE MAXIMO COMPUTERIZED MAINTENANCE AND YOH- AYE INVENTORY ASSET MANAGEMENT SYSTEM AND THE JD BANKHEAD- AYE EDWARDS FINANCIAL INFORMATION SYSTEM BILODEAU- SECOND,AYE RECOMMENDATION:Agendize for April 18 OCWD Board CRANDALL- MOTION,AYE meeting: Authorize issuance of Requests for Proposals for Programming Services for the Integration of the Maximo Computerized Maintenance Management System with the JD Edwards Financial Information System to assist staff with the development of the Integrated Information System _ 1 _ GWR System Steering Committee April 9, 2007 5 3. ISSUANCE OF A PURCHASE ORDER FOR ADVANCED ANTHONY— AYE DIRECTOR WATER PURIFICATION FACILITY OFFICE FURNITURE ANDERSON— AYE CRANDALL ASKED RECOMMENDATION:Agendize for April 18 OCWD Board YOH— AYE THIS ITEM BE PULLED meeting: Authorize issuance of Purchase BANKHEAD— SECOND,AVE AND SHORT Order to Corporate Business Furniture In BILoDEAu— AYE PRESENTATION BE the amount of$105,210 for office furniture CRANDALL— MOTION,AYE GIVEN. MR.MARKUS for the Advanced Water Purification Facility EXPLAINEDTHAT THIS ITEM HAD BEEN PUT IN LAST YEAR'S BUDGET AND WAS TO FURNISH JUST THE NEW GWRS OFFICE SPACE. THIS WAS DONE IN ORDER TO MAKE THE FACILITY FULLY FUNCTIONAL AND THEREFORE WAS DETERMINED TO BE A SHARED PROJECT COST. END OF CONSENT MATTERS FOR CONSIDERATION 4. ADDENDUM NO. 14 TO PROFESSIONAL SERVICES ANTHONY— AVE AGREEMENT WITH CAMP DRESSER 8 MCKEE,INC. ANDERSON— ABSTAINED APPROVED RECOMMENDATION: Agendize for the April 18 OCWD and May YOH— AYE 23 OCSD Board meetings: Approve and BILOD A EAD— MOTION,AVE authorize execution of Addendum No. 14 to CRANDALL AYE the Professional Services Agreement with RAND LL- SECOND,AVE Camp Dresser 8 McKee, Inc., Increasing the authorized amount by$630,708 from $29,295.834 to an amount not to exceed $29,926,542,for the annual cost-of-living adjustment and changes in the Scope of Work 5. CHANGE ORDER NO.6 TO TASK ORDER WITH ANTHONY— AVE SEPARATION PROCESSES,INC. ANDERSON— AYE APPROVED RECOMMENDATION:Agendize for the April 18 OCWD Board YOH— SECOND,AYE meeting: rove and authorize issuance BANKHEAO— AYE Approve Change Order No.6 In the amount of BILODEAU— AYE $1 CRANDALL— MOTION,AYE $141,460 to Task Order No. 201301 with Separation Processes, Inc.,for changes in the Scope of Work, increasing the total amount of the Task Order from$2,177,636 to an amount not to exceed $2.319,096 - 2 - i GWR System Steering Committee April 9, 2007 6. ADDENDUM NO.8 TO PROFESSIONAL SERVICES ANTHONY— AYE AGREEMENT WITH MWH AMERICAS,INC.FOR ANDERSON— AYE APPROVED CONSTRUCTION MANAGEMENT SERVICES FOR THE YOH— SECOND,AYE GROUNDWATER REPLENISHMENT SYSTEM PROGRAM BANNHEAD— MOTION,AYE RECOMMENDATION:Agendize for the April 18 OCWD and May BILODEAU— AYE 25 OCSD Board meetings: Approve and CRANDALL— AYE authorize execution of Addendum No.8 to the MWH Americas, Inc. Professional Services Agreement for changes in the Scope of Work due to project scheduling changes, increasing the authorized amount by$1.248.503,to an amount not to exceed $15.136.862 7. SITE IDENTIFICATION ENTRANCE SIGN ANTHONY— AYE AFTER SOME RECOMMENDATION:Authorize staff to release for ConsWction ANDERSON— AYE DISCUSSION,THE the site identification entrance sign as YOH— AYE COMMITTEE ASKED detailed in the Advanced Water Purification BANKHEAD— AYE STAFF TO HAVE THE Facility contract documents BILODEAU— AYE PUBLIC AFFAIRS CRANDALL—AYE STAFFSREVIEWTHE ENTRANCE SIGN AND BRING A MORE DETAILED PRESENTATION BACK TO THE COMMITTEE. INFORMATIONAL ITEMS 8. HISTORY OF PROGRAM BUDGET CHANGES INFORMATIONAL 9. ADVANCED WATER PURIFICAITON FACILITY COST INFORMATIONAL SAVINGS UPDATE 10. PROJECT SCHEDULE AND BUDGET UPDATE INFORMATIONAL 11. CONSTRUCTION PROJECTS PROGRESS INFORMATIONAL 12. MONTHLY CHANGE ORDER UPDATE INFORMATIONAL 13. STATUS REPORT INFORMATIONAL • Grants and Loans Update • Public Information and Education Update DIRECTORS'ANNOUNCEMENTSIREPORTS GENERAL MANAGERS'ANNOUNCEMENTS/REPORTS ADJOURNMENT 6:30 P.M. - 3 - J OPERATIONS COMMITTEE MVrg Dare To Bd3.FDb. 09/04/07 051 1 7 AGENDA REPORT Item Number Item Number OP07-35 14 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Ed Torres, Director of Technical Services SUBJECT: PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS, ORDINANCE NO. OCSD-31 GENERAL MANAGER'S RECOMMENDATION Ordinance No. OCSD-31, An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations, and repealing Ordinance No. OCSD-01: a. Motion to read Ordinance No. OCSD-31 by title only and waive reading of said entire ordinance. b. Motion to adopt Ordinance No. OCSD-31, An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations, Ordinance No. OCSD-31, and repealing Ordinance No. OCSD-01. SUMMARY • The Source Control Division makes periodic changes in work processes and business rules which necessitate updates to the Wastewater Discharge Regulations which were last adopted effective July 1, 1998. The proposed revisions to the Wastewater Discharge Regulations are administrative in nature. The administrative updates include modification of definitions, deletion of unnecessary sections, and addition of language to clarify the intent of the Wastewater Discharge Regulations Ordinance and to include a new section on Urban Runoff. • Notices of staffs intent to adopt a new Wastewater Discharge Ordinance were mailed to all Source Control's Permittees in Pretreatment, Wastehauler, Urban Runoff, and Special Purpose Discharge Programs. The letter was issued on January 26, 2007. • Written responses were requested by February 14, 2007. Only one written response was submitted to OCSD. • Based on receiving one written response, it is Source Control's expectation that the planned adoption of Ordinance OCSD-31 will meet with little opposition and have very little impact. The proposed changes are primarily administrative in nature and bring the Wastewater Discharge Regulations up to date with current work practices. Form No.o IW2 P•rIW 0Ye1N> Page 1 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OCSD's Source Control Division is responsible for administering and enforcing the District's Ordinance and National Pretreatment Program through an extensive permitting, monitoring and enforcement program to regulate the discharge into local sewers of pollutants from industrial facilities as well as commercial and residential communities. The National Pretreatment Program is derived from the federal Clean Water Act of 1972. The program was established to regulate the introduction of pollutants into the sewer system from industrial sources. Discharges targeted for regulation include those that will interfere with a treatment facility operation, that may pass through the treatment works and cause environmental harm, or that are otherwise incompatible with such works. The program is also intended to improve opportunities to reclaim municipal wastewater and biosolids. Recognizing the need to control the quality of wastewater discharges, the Board of Directors adopted the first Ordinance in February 1954, which was amended in February 1958, and again in April 1970. The 1970 amendments formally established the District's source control program for the purpose of issuing permits, setting discharge limits, and monitoring industrial discharges to the sewer system. In July 1976, the Ordinance was expanded to include numerical discharge limits for heavy metals. In July 1983, the Ordinance was again amended to include enforcement of EPA's newly promulgated categorical pretreatment regulations and to modify the District's local limits for cadmium, copper, and toxic organics at the levels currently enforced. In September 1989, the Ordinance was further amended to include revisions to the federal pretreatment standards and other provisions for implementation of a waste minimization program and escalated enforcement proceedings. In February 1992, the Ordinance was revised to incorporate new federal and state regulatory mandates for the administrative and civil penalties. In July 1998, the Ordinance was again amended to include the newly adopted policy pertaining to fees and charges for the use of the District's sewer system. Form No im-2 RewMoyOlA] Page 2 PROPOSED CHANGES The proposed changes to the Wastewater Discharge Regulations are primarily administrative and involve the clarification of language or definitions. Below is a brief summary of the major changes. • Class I Permittees — addition of language to deny a permit to an applicant based on inability to keep current with OCSD invoices • Enforcement—Addition of language for the Board to enact rules for administrative proceedings and to administer interim limits during an Enforcement Compliance Schedule Agreement • Permit Transfer—Addition of language for OCSD to transfer ownership of a permit if the owner retains an ownership greater than 50% • Pharmaceutical Disposal Guidelines —Addition of language to provide concurrence with the National Pharmaceutical Disposal Guidelines • Urban Runoff Program —Addition of a new section regarding all aspects of the current Urban Runoff policy • Waste Minimization Requirements—Addition of language to include Best Management Practices certification Fo m No.DW 102 2 PwixE OJ/01N] Page 3 ORDINANCE NO. OCSD-31 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING WASTEWATER DISCHARGE REGULATIONS, AND REPEALING ORDINANCE NO. OCSD-01 The Board of Directors of the Orange County Sanitation District (OCSD) does hereby FIND: A. That the former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the"Predecessor Districts"), were nine individual County Sanitation Districts, organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 et seq.). By action of the Board of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single Sanitation District for all purposes. The application was approved,with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District, came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts; and, B. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan — 1989", hereinafter referred to as the"Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of OCSD Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts; and, C. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016,and other provisions of law, and, D. That the OCSD, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the Page 1 of 83 system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999; and, E. That in June 2002 the OCSD completed the Interim Strategic Plan Update (ISPU) which further updated these critical factors and developed revised cost estimates and user fee projections for upgrading the OCSD's level of treatment to secondary standards. On July 17, 2002, after reviewing: (1) the ISPU treatment alternatives, (2) ocean monitoring data, (3) public input, (4) regulatory issues, and (5) financial considerations, the Board of Directors made the decision to upgrade our treatment to meet secondary treatment standards; and, F. That the OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, et sea.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et sea.), to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers; and, G. That the OCSD is required by federal, state and local law to meet applicable standards of treatment plant effluent quality; and, H. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a) and categorically exempt pursuant to California Code of Regulations Sections 15307 and15308. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I: Wastewater Discharge Regulations governing the use of OCSD sewerage facilities are hereby enacted to provide: Page 2 of 83 ARTICLE 1 GENERAL PROVISIONS 101. PURPOSE AND POLICY This ordinance sets uniform requirements for Users of OCSD's facilities and enables OCSD to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 at seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). This Ordinance shall be interpreted in accordance with the definitions set forth in Section 102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the OCSD. A. The purpose of this Ordinance is to provide for the maximum public benefit from the use of the OCSD facilities. This shall be accomplished by regulating sewer use and wastewater discharges, by providing equitable distribution of costs, in compliance with applicable Federal, State and local Regulations, and by supporting the proper disposal of Prescription Drugs as noted in the guidelines published by the Office of National Drug Control Policy. The revenues to be derived from the application of this Ordinance shall be used to defray all costs of providing sewerage service by the OCSD, including, but not limited to, administration, operation, monitoring, maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves; B. This ordinance is meant to protect both OCSD personnel who may be affected by wastewater, sludge, and biosolids in the course of their employment and the general public; C. To comply with Federal, State, and local policies and to allow the OCSD to meet applicable standards of treatment plant effluent quality, biosolids quality, and air quality, provisions are made in this Ordinance for the regulation of wastewater discharges to the public sewer. This Ordinance establishes quantity and quality limits on all wastewater discharges which may adversely affect the OCSD's sewerage systems, processes, effluent quality, biosolids quality, air emission characteristics, or inhibit the OCSD's ability to beneficially reuse or dispose of its treated wastewater, biosolids or meet biosolids discharge criteria. It is the intent of these limits to improve the quality of wastewater being received for treatment and to encourage water conservation and waste minimization by all users connected to a public sewer. It is the OCSD's intent to limit future increases in the quantity (mass emission) of waste Page 3 of 83 constituents being discharged. This Ordinance also provides for regulation of the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. D. Since the OCSD is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply, the implementation of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, the Ordinance will be amended to reflect those changes. E. Since the OCSD is committed to a policy for the beneficial use of biosolids, the implementation of programs to land-apply or provide for the marketing and distribution of biosolids may necessitate more stringent quality requirements on wastewater discharges. F. Since the OCSD is also committed to meet applicable air quality goals established by the South Coast Air Quality Management OCSD, more stringent quality requirements on wastewater discharges may be required to meet such goals. 102. DEFINITIONS A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials Uniform Building Code, Current Edition. Page 4 of 83 1. Ad Valorem Tax shall mean that portion of the basic tax allocated for the benefit of an individual Revenue Area on the assessed value of land and improvements within its boundaries, exclusive of bonded indebtedness. 2. Assessed Value shall mean that portion of the total assessed value of the land and improvements upon which taxes are collected and allocated. 3. Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures, operating procedures, practices to control spillage or leaks, treatment requirements, and other management practices to prevent or reduce pollution or to meet Article 2 standards. 4. Biochemical Oxygen Demand (BOD) shall mean a measurement of oxygen utilized by the decomposition of organic material, over a specified time period (usually 5 days) in a wastewater sample. It is used as a measurement of the readily decomposable organic content of wastewater. 5. Board shall mean the Board of Directors of the Orange County Sanitation District. 6. Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 7. Capital Facilities Connection Charge shall mean the payment of a fee, imposed by the governing Board of the OCSD, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; and as a contributive share of the cost of the existing facilities. This charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to the OCSD sewerage facilities as a new system user. This charge, whose rates areas set forth in a separate Ordinance, is expressly authorized by the provisions of California Health & Safety Code Sections 5471 and 5474. 8. Charge For Use shall mean the OCSD's sanitary sewer service charge, a charge established and levied by the OCSD upon residential, commercial and industrial users of the OCSD's system, pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in proportion to the use of the treatment works by their respective class, that provides for the recovery of the costs of operation and maintenance expenses, capital facilities rehabilitation or Page 5 of 83 replacement, and adequate reserves for the sewage treatment works. The minimum charge for use is the Annual Sewer Service Fee Residential Users or the Ad Valorem tax paid to the OCSD, whichever is greater. 9. Chemical Oxygen Demand (COD) shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in wastewater. 10. Class I User shall mean any user who discharges wastewater that: a) is subject to Federal Categorical Pretreatment Standards; or b) averages 25,000 gallons per day or more of regulated process wastewater; or c) is determined to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limit, or discharge requirement; or d) may cause, pass through or interference with the OCSD sewerage facilities 11. Class II User shall mean any industrial user whose charge for use is greater than the ad valorem tax basic levy allocated to the OCSD, and special assessment "OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 12. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent regulations published in the Federal Register by the executive departments and agencies of the Federal Government. 13. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other pollutants that the OCSD's treatment facilities are designed to accept and/or remove. Compatible pollutants are non-compatible when discharged in quantities that have an adverse Page 8 of 83 effect on the OCSD's system or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standard, local limit, or other discharge requirement. 14. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. 15. Connection Permit shall mean a permit issued by the OCSD, upon payment of a capital facilities connection charge, authorizing the permittee to conned directly to a OCSD sewerage facility or to a sewer which ultimately discharges into a OCSD sewerage facility. 16. Control Authority shall mean the Orange County Sanitation District. 17. Department Head shall mean that person duly designated by the General Manager to direct the Technical Services Department, including the Source Control Division and perform those delegated duties as specified in this Ordinance. 18. Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 19. District shall mean the Orange County Sanitation District. 20. Division Head shall mean that person duly designated by the General Manager to implement the OCSD's Source Control Program and perform the duties as specified in this Ordinance. 21. Domestic Septage shall mean the liquid and solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic wastewater. 22. Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. Page 7 of 83 23. Downstream Sampling or Monitoring shall mean sampling or monitoring usually conducted in a city or agency owned sewer for the purpose of determining the compliance status of an industrial or commercial discharger. 24. Dry Weather Urban Runoff shall mean surface runoff flow that is generated from any drainage area within OCSD's service area during a period that does not fall within the definition of Wet Weather. It is surface runoff that contains pollutants that interfere with or prohibit the recreational use and enjoyment of public beaches or cause an environmental risk or health hazard. 25. Enforcement Compliance Schedule Agreement (ECSA) shall mean a mutual agreement between the OCSD and permittee requiring implementation of necessary pretreatment practices and/or installation of equipment to ensure permit compliance. 26. Federal Categorical Pretreatment Standards shall mean any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 27. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 and following, and any regulation promulgated by the United States Environmental Protection Agency under Title 40 CFR implementing that act. 28. Flow Monitoring Facilities shall mean equipment and structures provided at the user's expense to measure, totalize, and/or record, the incoming water to the facility or the wastewater discharged to the sewer. 29. General Manager shall mean the individual duly designated by the Board of Directors of the OCSD to administer this Ordinance (REFER TO SECTION 107). 30. Grab Sample shall mean a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. Page 8 of 83 31. Industrial User shall mean any user that discharges industrial wastewater. 32. Industrial Wastewater shall mean all liquid-carried wastes and wastewater of the community, excluding domestic wastewater and domestic septage, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other operation. 33. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. 34. Interference shall mean any discharge which, alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the OCSD, its treatment processes or operations, or its biosolids processes, use, or disposal; or b) is a cause of a violation of any requirement of the OCSD's NPDES permit or prevents lawful biosolids or treated effluent use or disposal. 35. LEL (Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present. 36. Local Sewering Agency shall mean any public agency or private corporation responsible for the collection and disposal of wastewater to the OCSD's sewerage facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 37. Maior Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by 20% or more, or b) a discharge exceeding a concentration limit by 20% or more, or c) a pH discharge less than 5.0. Page 9 of 83 38. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 39. Maximum Allowable Discharge Limit shall mean the maximum quantity or concentration of a pollutant allowed to be discharged at any period of time. 40. May shall mean permissive or discretionary. 41. Medical Waste shall mean the discharge of isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 42. Milligrams Per Liter (mc/L) shall mean a unit of the concentration of a constituent or compound that is found in water or wastewater. It is 1 milligram of the constituent or compound in 1 liter of water or wastewater. 43. Minor Violation shall mean a discharge over the permitted discharge limit as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by less than 20%, or b) a discharge exceeding a concentration limit by less than 20%, or c) a pH discharge equal to or greater than 5.0, but less than 6.0, or d) a pH discharge greater than 12.0. 44. North American Industry Classification System (NAICS) shall mean an industry classification system that groups establishments into industries based on the activities in which they are primarily engaged. Page 10 of 83 45. National Pollutant Discharge Elimination System Permit (NPDES Permit) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in Public Law 92-500, Section 402. 46. New Source shall mean those sources that are new as defined by 40 CFR 403.3(k) as revised. 47. Non-Compatible Pollutant shall mean any pollutant which is not a compatible pollutant as defined herein. 48. Normal Working Day shall mean the period of time during which production or operation is taking place or any period during which discharge to the sewer is occurring. 49. OCSD shall mean Orange County Sanitation District. 50. OCSD Sewerage Facility or System shall mean any property belonging to the OCSD used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or biosolids. 51. Ordinance shall mean that document entitled "Wastewater Discharge Regulations"containing OCSD requirements, conditions, and limits for connecting and discharging to the sewer system, as may be amended and modified. 52. PH shall mean both acidity and alkalinity on a scale ranging from 0 to 14 where 7 represents neutrality, numbers less than 7 increasing acidity, and more than 7 increasing alkalinity, and is the logarithm of the reciprocal of the quantity of hydrogen ions in moles per liter of solution. 53. Pass Through shall mean discharge through the OCSD's sewerage facilities to waters of the U.S. which, alone or in conjunction with discharges from other sources, is a cause of a violation of the OCSD's NPDES permit. 54. Permittee shall mean a person who has received a permit to discharge wastewater into the OCSD's sewerage facilities subject to the requirements and conditions established by the OCSD. Page 11 of 83 55. Person shall mean any individual, partnership, copartnership, company, firm, association, corporation or public agency,joint stock company, trust, estate, or any other legal entity; or their legal representatives, agents, assigns, including all Federal, State, and local governmental entities. 56. Pesticides shall mean those compounds classified as such under Federal or State law or regulations including, but not limited to DDT (dichlorodiphenyftrichloro-ethane, both isomers), DDE (dichlorodiphenyl-ethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha [a], beta [P], and gamma isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,84etrachlorodibenzo-p-dioxin (TCDD), toxaphene, a-endosulfan, p-endosulfan, Endosulfan sulfate, Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion, Malathion, Methoxychlor, Mirex, and Parathion. 57. Pollutant shall mean any constituent, compound, or characteristic of wastewaters on which a discharge limit may be imposed either by the OCSD or the regulatory bodies empowered to regulate the OCSD. 58. Polychlorinated Biphenvls (PCB) shall mean those compounds classified as such under Federal or State law including, but not limited toAroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262. 59. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a level authorized by the OCSD prior to, or in lieu of, discharge of the wastewater into the OCSD's system. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means. 60. Pretreatment Facility shall mean any works or devices that the General Manager determines are appropriate to treat, restrict, or prevent the flow of industrial wastewater prior to discharge into a public sewer. 61. Priority Pollutants shall mean the most recently adopted list of toxic pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as non-compatible pollutants and may require pretreatment prior to discharge in order to prevent: Page 12 of 83 a) interference with the OCSD's operation; or b) biosolid contamination; or c) pass through into receiving waters or into the atmosphere. 62. Public Agenw shall mean the State of California and any city, county, district, other local authority or public body of or within this State. 63. Public Sewer shall mean a sewer owned and operated by the OCSD, a city or other local sewering agency which is tributary to the OCSD's sewerage facilities. 64. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, at seq.) and as amended. 65. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of the OCSD including, but not limited to, the following: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB). c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB). d) South Coast Air Quality Management District (SCAQMD). e) California Environmental Protection Agency (Cal-EPA). 66. Regulatory Compliance Schedule Agreement (RCSA) shall mean an agreement between the OCSD and permittee requiring the permittee to implement pretreatment practices and/or install equipment to ensure compliance with future revised categorical pretreatment standards or revised discharge limits. 67. Sample Point shall mean a location accepted by the OCSD, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled. Page.13 of 83 68. Samplino Facilities shall mean structure(s) provided at the user's expense for the OCSD or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. 69. Sanitary Waste shall mean domestic wastewater, human excrement and gray water (household showers, dishwashing operations, etc). 70. Septic Waste shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 71. Service Area shall mean an area for which the OCSD has agreed to either provide sewer service, or wastewater treatment, or wastewater disposal 72. Sewage shall mean wastewater. 73. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater or sludge or biosolids. 74. Shall means mandatory. 75. Significant Non-Compliance (SNC) shall mean the compliance status of an industrial user who is in violation of one or more of the criteria as described in 40 CFR 403. 76. Slug Load shall mean a discharge that exceeds the prohibitions stated in Section 201 and significantly exceeds the usual user flow or pollutant loading, either mass or concentration. 77. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility. 78. Special Assessment Credit shall mean the portion of the secured property tax bill that represents the special assessment sewer user fee as defined by the OCSD. 79. Special Purpose Use shall mean any discharger who is granted a Special Purpose Discharge Permit by the OCSD to discharge unpolluted water, storm runoff, or groundwater to the OCSD's sewerage facilities. 80. Spent Solutions shall mean any concentrated industrial Page 14 of 83 wastewater. 81. Spill Containment shall mean a protection system installed by the permittee to prohibit the discharge to the sewer of non-compatible pollutants. 82. Standard Methods shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation. 83. Suspended Solids shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said waste by laboratory filtration as determined by the appropriate testing procedure and expressed in terms of milligrams per liter. 84. Tax Credit shall mean that portion of the basic levy on the discharger's County of Orange Ad Valorem Tax Bill allocated to the OCSD and/or the Annual Sewer Service Charge on the tax bill. The basic levy does not include taxes for bonded indebtedness. 85. Total Organic Carbon (TOC) shall mean the measure of total organic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 86. Total Toxic Organics (TTO) shall mean the summation of all quantifiable values greater than 0.01 milligrams per liter for the organics regulated by the EPA or OCSD for a specific industrial category. 87. Unpolluted Water shall mean water to which no pollutant has been added either intentionally or accidentally. 88. User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger or Industrial User. 89. Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 90. Waste Manifest shall mean that receipt which is retained by the Page 15 of 83 generator of hazardous wastes as required by the State of California or the United States Government pursuant to RCRA, or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by the OCSD. 91. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the OCSD's system. 92. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. 93. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. 94. Wet Weather shall mean any period of time during which measurable rainfall occurs within of OCSD's service area. This period shall include the time following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's sewerage system. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 103. CONFIDENTIAL INFORMATION All user information and data on file with the OCSD shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the OCSD that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for withholding such information from the general public under applicable State and Federal Law. Any such claim must be made at the Page 16 of 83 time of submittal of the information by marking the submittal "Confidential Business Information" on each page containing such information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public. 104. TRANSFER OF PERMITS A. Permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or for a specific wastehauler, and create no vested rights. 1. No permit may be transferred to allow a discharge to a public sewer from a point other than the location for which the permit was originally issued. 2. Except as expressly set forth herein, no permit for an existing fggaL may be transferred to a new owner and/or operator of that facility. B. At least thirty (30) days prior to the sale or transfer of ownership of any business operating under a permit issued by the OCSD, the permittee shall notify the OCSD in writing of the proposed sale or transfer. The successor owner shall apply to the OCSD for a new permit at least fifteen (15) days prior to the sale or transfer of ownership in accordance with the provisions of this Ordinance. A successor owner shall not discharge any wastewater for which a permit is required by this Ordinance until a permit is issued by the OCSD to the successor owner. C. Notwithstanding the foregoing, the OCSD may, in its discretion, allow the transfer of a permit to a new owner and/or operator, at the same location for which the permit was originally issued, if: 1. The existing permittee and the proposed new owner and/or operator provide the OCSD with written notification of the intended transfer at least thirty (30) days in advance of the transfer date; and 2. The previous owner retains an ownership interest in the facility of greater than fifty percent (50%). 3. The OCSD approves, in writing, the permit transfer prior to commencement of operations by the new owner and/or operator. Page 17 of 83 D. The written notification of intended transfer shall be in a form approved by the OCSD and shall include a written certification by the new owner and/or operator which: 1. States that the new owner or operator has no immediate intent to modify the facility's operations and/or processes; 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges that the new owner or operator is fully responsible for complying with the terms and conditions of the existing permit and all provisions of this Ordinance. 105. EFFECT OF TRANSFER OF PERMITS Except as expressly set forth in Section 104.C, any permit which is transferred to a new owner and/or operator or to a new facility is void. 106. AUTHORITY The OCSD is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of Federal and State Law. Federal and State Laws grant to the OCSD the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to the OCSD's sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the OCSD's sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the OCSD's boundaries, including those users that are tributary to the OCSD or within areas for which the OCSD has contracted to provide sewerage services. The OCSD has the authority pursuant to California Health and Safety Codes 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by the OCSD either within or without its territorial limits. 107. DELEGATION OF AUTHORITY Whenever any power is granted to or a duty is imposed upon the General Manager, the power may be exercised or the duty may be performed by any person so authorized by the General Manager. 108. SIGNATORY REQUIREMENTS Page 18 of 83 Reports and permit applications required by this Ordinance shall contain the following certification statement: I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of perjury that this information was obtained in accordance with the Federal Pretreatment Requirements. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties not limited to fines and imprisonment for submitting false information." The statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403 or as defined and designated by the OCSD. Page.19 of 83 ARTICLE 2 GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE 201. PROHIBITED DISCHARGES These prohibitions apply to all users of the OCSD facilities whether or not they are subject to Federal Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements. A. General Prohibitions. 1. No user shall introduce or cause to be introduced into the OCSD any pollutant, wastewater, or flow which causes pass through or interference or would cause the OCSD to violate any Federal, State, or local regulatory requirement. 2. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause the OCSD to violate any Federal, State, or local regulatory permit. 3. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to the OCSD sewerage system without written permission from the OCSD. 4. No person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the OCSD sewerage facilities, wastewater which contains any substance that is defined as a hazardous waste by the Regulatory Agencies. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the sewerage facilities, pollutants, substances, or wastewater which: 1. Creates a fire or explosive hazard in the sewerage facilities including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is 10% or greater of the lower explosive limit (LEL). 2. Causes obstruction to the flow in the sewer system resulting in interference or damage to the sewerage facilities. Page 20 of 83 3. Produces noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. 4. Results in toxic gases, vapors, or fumes within the sewerage facilities in a quantity that may cause acute worker health and safety problems. 5. Contains any radioactive wastes or isotopes except in compliance with applicable regulations from other governmental agencies empowered to regulate the use of radioactive materials. 6. Causes, alone or in conjunction with other sources, the OCSD's treatment plant effluent to fail a toxicity test. 7. Caused the OCSD's effluent or any other product of the treatment process, residues, biosolids, or scums,to be unsuitable for reclamation, reuse or disposal. 8. Causes discoloration or any other condition which affects the quality of the OCSD's influent or effluent in such a manner that inhibits the OCSD's ability to meet receiving water quality, biosolids quality, or air quality requirements established by Regulatory Agencies. 9. Creates excessive foaming in the sewerage facilities. 10. Violates any applicable Federal Categorical Pretreatment Standard, statute, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the operation of or discharge of wastewater through the sewerage facilities. 11. Has a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade). 12. Has a pH less than 6.0 or greater than 12.0. 13. Has a maximum Biochemical Oxygen Demand (BOD) greater than 15,000 pounds per day. Page 21 of 83 14. Is in excess of the permitted mass emission rates established in accordance with: Section 212, or the concentration limits set forth in Table I, or the discharge permit. 15, Contains material which will readily settle or cause an obstruction to flow in the sewer resulting in interference, such as, but not limited to, sand, mud, glass, metal flings, diatomaceous earth, cat litter, asphalt, wood, bones, hair, and fleshings. 202. PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit or to establish an artificially high flow rate for permit mass emission rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER A. No person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 304 or 305, et seq., the OCSD may approve the discharge of such water only when no alternate method of disposal is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Dry Weather Urban Runoff Permit or a Special Purpose Discharge Permit from the OCSD. C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 204. PROHIBITION ON UNPOLLUTED WATER A. No person shall discharge unpolluted water such as single pass cooling water directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 305, at seq., the OCSD may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the OCSD. Page 22 of 83 C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 205. RESERVED 206. PROHIBITION ON THE USE OF GRINDERS A. Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. B. Waste from Food Service Establishments operating a grinder is prohibited and shall not be discharged into a public sewer unless written authorization from the OCSD General Manager or his designee is obtained. 207. PROHIBITION ON POINT OF DISCHARGE No person, except local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the OCSD upon written application by the user and payment of the applicable fees and charges established herein. 208. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION A. No Wastehauler shall discharge to the OCSD sewerage system, domestic septage or other approved waste or wastewater from a vacuum pumping truck or other liquid waste transport vehicle, without first obtaining both a valid Orange County Health Care Agency Permit and a OCSD Wastehauler Permit as required by Section 306. Such wastewaters shall be discharged only at locations designated by the OCSD, and at such times as established by the OCSD. The OCSD may collect samples of each hauled load to ensure compliance with applicable standards. B. No Wastehauler shall discharge domestic septage or other approved waste or wastewater constituents in excess of Limits in Table I. C. The discharge of industrial wastewater by any Wastehauler is prohibited unless written permission of the General Manager has been obtained, the proper permits have been obtained, and the waste meets Federal and State limits applicable to the user from which the waste was obtained; or Page 23 of 83 Maximum Local Discharge Limits as specified in Table I, whichever are more stringent. The discharge of hauled industrial wastewater is subject to all other requirements of this ordinance. D. No Wastehauler shall discharge wastewater to sewers that are tributary to the OCSD's sewerage facilities that are from a source that is not within the OCSD's service area unless prior authorization is granted by the General Manager or his designee. E. No Wastehauler shall discharge directly or indirectly to the sewerage facilities any material defined as hazardous waste by RCRA or 40 CFR 261. F. Wastehaulers shall provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. G. Discharge at the OCSD disposal station shall be through an appropriate hose and connection to the discharge port. Discharging waste directly to the surface area of the disposal station is prohibited. H. Wastehauler hoses must be connected to the disposal station discharge port when being cleaned. I. Transferring loads between trucks or from portable toilets to trucks on OCSD property is prohibited unless permission from OCSD is obtained. 209. RESERVED 210. PROHIBITION ON MEDICAL WASTE A. No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the General Manager. B. The OCSD shall have the authority to require that any discharge of an infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Page 24 of 83 Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the OCSD or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three years, and made available to the OCSD upon request. 212. MASS EMISSION RATE DETERMINATION A. Mass emission rates for non-compatible or compatible pollutants that are present or anticipated in the user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on Table I, Local Discharge Limits, or Federal Categorical Pretreatment Standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the General Manager or his designee. B. To verify the user's operating data, the OCSD may require a user to submit an inventory of all wastewater streams and/or records indicating production rates. C. The OCSD may revise limits or mass emission rates previously established in the discharger's permit at any time, based on: current or anticipated operating data of the discharger or the OCSD; the OCSD's ability to meet NPDES limits; or changes in the requirements of Regulatory Agencies. D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. Page 25 of 83 TABLE ORANGE COUNTY SANITATION DISTRICT MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS(a) CONSTITUENT MILLIGRAMSILITER Arsenic 2.0 Cadmium 1.0 Chromium(Total) 2.0 Copper 3.0 Lead 2.0 Mercury 0.03 Nickel 10.0 Silver 5.0 Zinc 10.0 Cyanide(Total) 5.0 Cyanide(Amenable) 1.0 Polychlorinated Biphenyls 0.01 Pesticides 0.01 Total Tome Organics 0.58 Sulfide(Total) 5.0 Sulfide(Dissolved) 0.5 Oil and grease of mineral or petroleum origin 100.0 BOD 15,000 Ibslday MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE CONSTITUENT MILLIGRAMSILITER Cadmium 1.0 Chromium 2.0 Copper 25.0 Lead 10.0 Nickel 10.0 Zinc 50.0 (a): Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. Page 26 of 83 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES 301. INTRODUCTION A. To provide the maximum public benefit from the use of OCSD sewerage facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. The OCSD reserves the right to establish, by Ordinance or in Wastewater Discharge Permits, more stringent standards or requirements on discharges to the OCSD sewerage facilities if deemed by the General Manager appropriate to comply with the objectives presented in the Introduction and Summary of this Ordinance and the prohibitions and limitations in Article 2. B. The discharge permit shall be in one of five forms and is dependent upon the type of discharger, volume, and characteristics of discharge. The five discharge permits are: 1. Class I Wastewater Discharge Permit. 2. Class II Wastewater Discharge Permit. 3. Dry Weather Urban Runoff Discharge Permit 4. Special Purpose Discharge Permit. 5. Wastehauler Discharge Permit. 302. CLASS I WASTEWATER DISCHARGE PERMITS A. No user requiring a Class I permit shall discharge wastewater without obtaining a Class I Wastewater Discharge Permit. B. Class I Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class I users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 302.1 and paying the applicable Page 27 of 83 fees pursuant to Section 302.3. For purposes of this Ordinance, a Class I , user is any user: 1. Subject to Federal Categorical Pretreatment Standards; or 2. Discharging wastewater which averages 25,000 gallons per day or more of regulated process water; or 3. Discharging wastewater determined by the OCSD to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limits, or discharge requirement; or 4. Discharging wastewater which may cause, as determined by the General Manager, pass through or interference with the OCSD system. 302.1 Class I Wastewater Discharge Permit Application A. Any person required to obtain a Class I Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), NAICS number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the OCSD, including, but not limited to, those mentioned in Section 212, Mass Emission Rate Determination, and Table I, Local Page 28 of 83 Discharge Limits, of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the OCSD. 8. Time and duration of discharge. 9. Number of employees per shift and hours of work per employee per day for each shift. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the OCSD to properly evaluate the permit application. D. After evaluation of the data, the OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD's sewerage facilities. E. The permit application may be denied if the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. F. The permit application may be denied if the applicant has in the past Page 29 of 83 demonstrated an inability to keep current with OCSD invoices for items such as Permit Fees, Non-Compliance Fees, Civil Penalties, Administrative Civil Penalties, Charges for Use, and Supplemental Capital Facilities Capacity Charges. 302.2 Class I Permit Conditions, and Limits A. A Class I permit shall contain all of the following conditions or limits: 1. Mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the OCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the user's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards, BMP-based Categorical Pretreatment Standards and/or local limits, and/or waste manifests. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by OCSD. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring facilities, and sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. Page 30 of 83 4. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 5. Other terms and conditions which may be appropriate to ensure compliance with this Ordinance or determined by the General Manager or his designee to be appropriate to protect the sewerage system. 302.3 Class I Permit Fee A. The Class I permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of permit must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 302.4 Class I Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the Irfe of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. New source indirect dischargers shall be required to install and start up any necessary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatment Standards not to exceed thirty (30) days after the commencement of discharge. Page 31 of 83 C. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. D. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 302.5 Class I Permit Duration and Renewal Class I permits shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class 1 Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in OCSD facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class I Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the unit charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the OCSD. A credit to the permittee will be allowed against this permit charge for use, equal to the annual ad valorem tax basic levy allocated to the OCSD for the property for which a permit has been issued by the OCSD. A credit will also be allowed for any sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. Page 32 of 83 C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the ad valorem tax credit and/or the sanitary sewer service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for the OCSD administrative costs when ad valorem property tax or sanitary sewer service charge data are obtained by the OCSD. The amount of the fee shall be adopted by the OCSD's Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when the OCSD obtains water use data. The OCSD's Board of Directors shall adopt the amount of the fee. E. The charge for use shall be computed by the following formula: Charge for Use = VOV+ BOB + SOS - Tax Credit Where V = total annual volume of flow, in millions of gallons B =total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Vo,Ba,Sa = Unit Charge rates established and adopted by Ordinance of the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: F. The Unit Charge rates in the charge-for-use formula shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This Charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs Page 33 of 83 r associated with each parameter and pursuant to applicable requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement Service component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among wastewater charge parameters of flow, biochemical oxygen demand, and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand, and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The Unit Charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and So. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOD of the wastewater and the parameter of measure. This relationship shall be used by the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by Page 34 of 83 averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 303. CLASS II WASTEWATER DISCHARGE PERMITS A. No user requiring a Class II permit shall discharge wastewater without obtaining a Wastewater Discharge Permit. B. Class II Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class II users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater discharge Permit by filing an application pursuant to Section 303.1 and paying the applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a Class II user is any user: 1. Whose charge for use is greater than the ad valorem tax basic levy allocated to the OCSD, and special assessment "OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit, and 2. Discharging waste other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharae Permit Application A. Any person required to obtain a Class II Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s) and NAICS number(s); description of the manufacturing process or service activity. 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Page-35 of 83 Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the OCSD, including, but not limited to, those mentioned in Section 212, Mass Emission Rate Determination, and Table I, Local Discharge Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the OCSD. B. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. Page 36 of 83 B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to properly evaluate the permit application. D. After evaluation of the data fumished, the OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD system. E. The permit application may be denied if the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions, and Limits A. A Class II permit shall contain all of the following conditions or limits: 1. Applicable mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the OCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the user's on-site sample point. 4. Requirements for submission of technical reports, production data, discharge reports, and/or waste manifests. 5. Requirements to submit copies of tax and water bills. B. A Class II permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring and/or sampling facilities. Page 37 of 83 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 4. Requirements to self-monitor. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by OCSD. 6. Other provisions which may be appropriate to ensure compliance with this Ordinance. 7. Other terms and conditions determined by the General Manager to be appropriate to protect the OCSD's system. 303.3 Class II Permit Fee A. The Class II permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of the permit fee must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 303.4 Class II Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or Page 38 of 83 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 303.6 Class II Permit Duration and Renewal Class II permits shall normally be issued for a period not to exceed three (3) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 303.6 Class II Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in OCSD sewerage facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class II Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the Unit Charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the OCSD. A credit to the permittee will be allowed against this permit charge for use, equal to the annual ad valorem tax basic levy allocated to the OCSD for the property for which a permit has been issued by the OCSD. A credit will also be allowed for any sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. Page 39 of 83 C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the ad valorem tax credit and/or the sanitary sewer service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when ad valorem property tax or sanitary sewer service charge data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when water use data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. E. The charge for use shall be computed by the following formula: Charge for Use = V.V + BOB + SOS -Tax Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Va,B.,S. = Unit Charge rates adopted annually by Ordinance of the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below. F. The unit charge rates in the charge for use formula shall be established annually and shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined Page 40 of 83 from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The unit charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and So. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOO of the wastewater and the other parameter of measure. This relationship shall be used by the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOO and suspended solids to be calculated at domestic wastewater strength per employee per year. Page 41 of 83 The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS A. No user shall discharge urban runoff directly to OCSD's sewerage system without obtaining a Dry Weather Urban Discharge Permit. B. OCSD shall determine whether the dry weather urban runoff proposed to be discharged into OCSD's sewerage system may cause a potential environmental risk and/or health hazard that cannot be economically or practically control by alternative disposal methods. C. Dry Weather Urban Runoff Permits shall be subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by OCSD. D. All users required to obtain a Dry Weather Urban Runoff Permit proposing to discharge directly or indirectly into OCSD's sewerage facilities shall file an application pursuant to Section 304.1 and pay the applicable fees pursuant to Sections 304.3 and 304.6. 304.1. Dry Weather Urban Runoff Discharge Permit Application A. An applicant shall contact OCSD prior to any construction of facilities and discharge of dry weather urban runoff into the sewerage system to determine if the discharge of dry weather urban runoff to the OCSD sewerage facilities is feasible. B. Applicants shall complete and file with OCSD, prior to commencing discharge, an application in the form prescribed by OCSD. This application shall be accompanied by applicable fees, design plans, a detailed analysis of other disposal alternatives, or other data as needed by OCSD for review. The applicant shall provide justification that disposal alternatives for the dry weather urban runoff are not economically or practically feasible in lieu of sewer discharge. C. In addition to the discharge permit, OCSD may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized. Page 42 of 83 D. Applicants shall provide adequate pretreatment and/or best management practices included within the applicants' plans to ensure that the applicable discharge limits shall be met. 304.2. Dry Weather Urban Runoff Discharge Permit Condition and Limits The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the following conditions or limits: A. Mass emission rates and concentration limits regulating non-compatible pollutants. B. Requirements for the user to construct and maintain, at the user's expense, appropriate pretreatment equipment, flow monitoring facilities, and devices to prevent storm water discharge into OCSD's sewerage system during a wet weather event (rain event). C. Requirements for the user to provide OCSD with its operations and maintenance plan, best management practices, and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff pollutants. D. Limits on rate and time of discharge or requirements for flow regulation and equalization prior to discharge to the sewerage system. E. Requirements to self-monitor the discharge to the sewerage system. F. The General Manager, or his designees, may impose additional requirements as may be appropriate to reduce the burden on OCSD's collection, treatment, and disposal facilities. G. Prohibitions on the discharge, which may cause OCSD's effluent, biosolids, or any other product of its treatment process, to be unsuitable for reclamation, reuse, or disposal. 304.3. Dry Weather Urban Runoff Discharge Permit Fee A. The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an amount established in the applicable Ordinance or Resolution adopted by OCSD's Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. Each permihee shall also pay delinquent invoices in full prior to permit renewal. 304.4. Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions Page 43 of 83 A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by OCSD during the life of the permit based on: f. The discharger's current or anticipated operating data; 2. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies, which affect OCSD; or 4. A determination by the General Manager or his designee that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested changes and the reasons for the change. OCSD shall review the request, make a determination on the request, and respond accordingly. C. A permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 304.5. Dry Weather Urban Runoff Discharge Permit Duration and Renewal Dry Weather Urban Runoff Permit shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 304.6. Dry Weather Urban Runoff Discharge Permit Charge for Use A discharger who is issued a Dry Weather Urban Runoff Permit under the provision of this Ordinance shall pay a charge for use in accordance with rates established by Ordinance or Resolution adopted by OCSD's Board of Directors. Page 44 of 83 305. SPECIAL PURPOSE DISCHARGE PERMITS A. No user requiring a Special Purpose Discharge Permit shall discharge wastewater without obtaining a Special Purpose Discharge Permit. B. Special Purpose Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Special Purpose Discharge Permit users proposing to discharge directly or indirectly into the OCSD's sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 305.1 and paying the applicable fees pursuant to Sections 305.3 and 305.6. This discharge permit may be granted when no alternative method of disposal is reasonably available, or to mitigate an environmental risk or health hazard. 305.1 Special Purpose Discharge Permit Application A. Applicants seeking a special purpose wastewater permit shall complete and file with the OCSD, prior to commencing discharge, an application in the form prescribed by the OCSD. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by the OCSD for review. B. The permit application may be denied when the applicant has failed to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicants' plans to ensure that the discharge limits will be met or that the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 305.2 Special Purpose Discharge Permit Conditions and Limits A. Discharge conditions and limits shall be no less stringent than Section 201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 212, Mass Emission Rate Determination; and Table I, Local Discharge Limits. B. Monitoring requirements for the discharge shall be for those non-compatible pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required for all constituents contained in the most current Environmental Protection Agency (EPA) "Priority Pollutant" list, excluding asbestos. Page 45 of 83 C. The OCSD may specify and make part of each Special Purpose Discharge Permit specific pretreatment requirements or other terms and conditions determined by the General Manager to be appropriate to protect the OCSD's Sewerage Facility, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess a charge for use. 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Board of Directors. Payment of permit fees must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Each permittee shall also pay delinquent invoices in full prior to permit renewal. 305.4 Special Purpose Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. A permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Page 46 of 83 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall normally be issued for a period not to exceed three (3) years, but may be renewed as determined by the General Manager. Users seeking permit renewal shall comply with all provisions of this Article 3. 305.6 Special Purpose Discharge Permit Charge for Use The General Manager shall establish a charge for use to cover all costs of the OCSD for providing sewerage service and monitoring. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. 306. WASTEHAULER DISCHARGE PERMIT A. Wastehauler Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastehauler discharge permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. B. A Wastehauler proposing to discharge waste into the OCSD disposal station shall obtain both a valid Orange County Health Department Permit (where applicable), and a OCSD Wastehauler Permit. 306.1 Wastehauler Discharge Permit Application A. No Wastehauler shall discharge wastewater without a Wastehauler Discharge Permit. B. Any person required to obtain a Wastehauler Discharge Permit shall complete and file with the OCSD prior to commencing discharge, an application in a form prescribed by the OCSD. This application shall be accompanied by the applicable fees. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries, or clients using the applicant's services. 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of the company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. Page 47 of 83 3. Name and address of leaseholder of the vehicle or trailer, if applicable. 4. Number of trucks and trailers and the license numbers and tank hauling capacity of each. 5. A copy of the applicant's Orange County Health Department Permit, where applicable. C. Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the OCSD may issue a Wastehauler discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD's system. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority pollutants. B. Requirements for maintaining and submitting waste hauling records and waste manifests. C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect the OCSD's system or as specified by other Regulatory Agencies. D. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 306.3 Wastehauler Discharge Permit Fee The Wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Boards of Directors. Payment of permit fees must be received by the OCSD prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. Page 48 of 83 306.4 Wastehauler Identification Decal and Access Card Transfer A. The identification decal is non-transferable. B. If a gate access card is issued, it shall be issued to a specific permitted vehicle and is non-transferable unless previously authorized in writing by the OCSD. 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on, 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 306.6 Wastehauler Discharge Permit Duration and Renewal Wastehauler discharge permits shall be issued for a period not to exceed one (1) year. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of Article 3. 306.7 Wastehauler Discharge Permit Charge for Use A charge for use to cover all costs of the OCSD for providing the disposal station service and monitoring shall be established by Ordinance of the Board of Directors. Page 49 of 83 307. RESERVED 308. RESERVED 309. RESERVED 310. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for dischargers located outside the OCSD's boundaries but within the OCSD service area and tributary to the OCSD's sewerage facilities, may be issued by a local sewering agency after approval by the OCSD. The OCSD shall have the right of inspection and sampling of the user's discharge to determine compliance with industrial waste discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the local agency. The more stringent of the industrial waste discharge regulations and effluent limits of the OCSD and the local agency shall apply to the discharger. B. Pursuant to Article 6 herein, the OCSD shall have the right to enforce the Federal Pretreatment Regulations, the provisions of this Ordinance, and permit conditions and limits applicable to any person located outside of the OCSD's service area, but whose discharge is tributary to the OCSD's sewerage facilities. C. The fees for use shall be determined by the OCSO and set forth in a use agreement with the local sewering agency. Page 50 of 83 ARTICLE 4 FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by the OCSD: A. Applicants or users may be required to submit three copies of detailed facility plans. The submittal shall be in a form and content acceptable to the OCSD for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce a discharge acceptable to OCSD, and to meet the requirements of this Ordinance or any requirements of other Regulatory Agencies. B. The drawing shall depict as a minimum the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. C. The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. D. Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. E. The OCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. F. Permiltee shall be required to submit updated detailed facility plans. 402. PRETREATMENT FACILITIES A. All users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all Categorical Pretreatment Standards, Table 1, Local Discharge Limits, and the prohibitions set out in Sections 201 (A) & (B) of this ordinance within the time limitations specified by EPA, the State, or OCSD, whichever is more stringent. Any facilities necessary for compliance shall be provided, Page-51 of 83 operated by a qualified operator, and maintained in proper operating condition at the user's expense. B. All users may also be required by the OCSD to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the users Permit. 403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS A. All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's expense. B. The General Manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the OCSD shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non-routine batch discharges. 2. Description of stored chemicals. 3. Procedures for immediately notifying the POTW of any accidental of slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article 2 of this Ordinance. 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response. Page 52 of 83 404. MONITORING/METERING FACILITIES A. The OCSD may require the user to construct and maintain in proper operating condition at the user's sole expense, flow monitoring, constituent monitoring and/or sampling facilities. B Permiees may be required to install and maintain an appropriate effluent flow monitoring device. Calibration of such flow monitoring device shall be done annually or as specified in the wastewater discharge permit. C. The monitoring or metering facilities may be required to include a security closure that can be locked with a OCSD provided hasp lock during sampling or upon termination of service. D. The location of the monitoring or metering facilities shall be subject to approval by the OCSD. E. The user shall provide immediate, clear, safe and uninterrupted access to the OCSD to the user's monitoring and metering facilities. F. For all industries permitted by the OCSD, domestic wastewaters shall be kept segregated from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the permittee's sample point. 405. WASTE MINIMIZATION REQUIREMENTS A. The user shall provide waste minimization plans to reduce or eliminate pollutant discharge to the sewerage system and conserve water. The user shall investigate product substitution, housekeeping practices, provide inventory control, implement employee education, and other steps as necessary to minimize waste produced. B. A user may certify that their facility does not discharge any type of wastewater, containing pollutants that may directly or indirectly discharge into the OCSD sewerage system as a form of Best Management Practice (BMP), upon approval by the OCSD. Page 53 of 83 ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS 501. MONITORING AND REPORTING CONDITIONS A. Monitoring for Annual Charge for Use The wastewater constituents and characteristics of a discharger needed for determining the annual charge for use shall be submitted in the form of self-monitoring reports by the user to the OCSD, if requested. The frequency of analyses and reporting shall be set forth in the user's permit. The analyses of these constituents and characteristics shall be by a laboratory acceptable to the OCSD, and at the sole expense of the permittee. Analyses performed by OCSD's personnel may used in the determination of the annual charge for use. B. Monitoring for Compliance with Permit Conditions or Reporting Reguirements The OCSD may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limit or requirements as specified in the user's permit, Federal or State Regulations, or this Ordinance. These reports include: (1) Baseline Monitoring Reports. (2) Compliance Schedule Progress Reports. (3) 90-Day Compliance Reports. (4) Periodic Reports on continued compliance. (5) Notification of the Discharge of Hazardous Waste. (6) Other reports as required by the OCSD. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the OCSD and shall be submitted upon request of the OCSD. When applicable, the self- monitoring requirement and frequency of reporting may be set forth in the user's permit as directed by the OCSD. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. Page 54 of 83 If sampling performed by a user indicates a violation, the user must notify the OCSD within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the OCSD within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the OCSD performs sampling at the user between the time when the initial sampling was conducted and the time when the user or OCSD receives the results of this sampling, or if the OCSD has performed the sampling and analysis in lieu of the industrial user. If the OCSD performed the sampling and analysis in lieu of the industrial user, the OCSD will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. Failure by the user to perform any required monitoring, or to submit monitoring reports required by the OCSD constitutes a violation of this Ordinance, may result in determining whether the permittee is in significant noncompliance, and be cause for the OCSD to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any limits and requirements specified in the user's permit or in this Ordinance. The user shall be responsible for any and all expenses of the OCSD in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and Sampling Conditions A. The OCSD may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. The OCSD shall have the right to place on the user's property or other locations as determined by the OCSD, such devices as are necessary to conduct sampling or metering operations. Other sampling locations may include downstream manholes, usually in the sewerage system, for the purpose of determining the compliance status of an industrial or commercial discharger. C. In order for the OCSD to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the user shall make available for inspection and copying by the OCSD all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those related to production, wastewater generation, wastewater disposal, and those required in the Federal Pretreatment Requirements without restriction but subject to the confidentiality provision set forth in Section 103 herein. All Page 55 of 83 such records shall be kept by the user a minimum of three (3) years. D. If a discharger falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method, the discharger may be subject to imposition of penalties, permit suspension or permit revocation. 501.2 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specked in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties approved by EPA. 501.3 Right of Entry A. Persons or occupants of premises where wastewater is created or discharged shall allow the OCSD, or its representatives, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to authorized OCSD's personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the OCSD's sewerage system. B. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the OCSD shall be permitted to enter without delay for the purpose of performing their specific responsibilities. 501.4 Notification of Spill or Slug Loading A. In the event the discharger is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error, or the discharger has reasonable opportunity to know that his discharge will exceed the discharge provisions of the user's permit, Sections 201(A) & (B) or Table I, Local Discharge Limits, the discharger shall immediately notify the OCSD by telephone. If the material discharged to the sewer has the potential to cause or result in a fire or explosion hazard, the discharger shall immediately notify the local fire department and the Page 56 of 83 OCSD. B. Confirmation of this notification shall be made in writing no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the OCSD or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. 501.6 Notification of Bvoass A. Bypass of industrial wastewater to the sewerage system is prohibited. The OCSD may take enforcement action against the user, unless: 1. Bypass was unavoidable because it was done to prevent loss of life, personal injury, or severe property damage; 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3. The permittee submitted notices as required under Section 501.4(B). B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the OCSD, if possible, at least ten (10) days before the date of the bypass. C. The OCSD may approve an anticipated bypass at its sole discretion after considering its adverse effects, and the OCSD determines that the conditions listed in Section 501.5(A)(1-3) are met. D. A permittee shall provide telephone notification to the OCSD of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five (5) days of the time the Page 57 of 83 ermittee becomes aware or could reasonably have been aware of the P Y bypass. The report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation. Page 58 of 83 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE A. The Board finds that in order for the OCSD to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the OCSD's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the OCSD's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that non-compliance and violations are resolved as soon as possible, the general policy of the OCSD is that: 1. Any determination relating to a Probation Order, Enforcement Compliance Schedule Agreement (ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Steering Committee to hear an appeal of the General Manager's decision pursuant to Section 618. Such request may be granted or denied by the Steering Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a OCSD Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Steering Committee pursuant to the provisions of Section 618. 4. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. 5. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. Page 59 of 83 C. The OCSD, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the OCSD. 2. Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a user. Non-compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. 3. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitoring Reguirements as a Result of Non-Compliance 1. If analysis of any sample obtained by the OCSD or by a permittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the OCSD may impose self-monitoring requirements on the permittee. 2. A permittee shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the OCSD. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the OCSD and submitted to the OCSD in a form and frequency determined by the OCSD. Page 60 of 83 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE A. The Board finds that in order for the OCSD to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the OCSD's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the OCSD's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that noncompliance and violations are resolved as soon as possible, the general policy of the OCSD is that: 1. Any determination relating to a Probation Order, Enforcement Compliance Schedule Agreement (ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Steering Committee to hear an appeal of the General Manager's decision pursuant to Section 618. Such request may be granted or denied by the Steering Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a OCSD Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Steering Committee pursuant to the provisions of Section 618. 4. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. 5. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. Page 59 of 83 C. The OCSD, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the OCSD. 2. Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a user. Non-compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. 3. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitoring Requirements as a Result of Non-Compliance 1. If analysis of any sample obtained by the OCSD or by a permittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the OCSD may impose self-monitoring requirements on the permittee. 2. A permittee shall perform required self-monitoring of constituents in a frequency, at the speck location, and in a manner directed by the OCSD. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the OCSD and submitted to the OCSD in a form and frequency determined by the OCSD. Page 60 of 83 4. All self-monitoring costs shall be bome by the permittee. 5. Nothing in this section shall be deemed to limit the authority of the OCSD to impose self-monitoring as a permit condition. B. Purpose of Non-Compliance Sampling Fees The purpose of the non-compliance sampling fee is to compensate the OCSD for costs of additional sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the non-compliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 615 and 616. C. Non-Compliance Sampling Fees for Composite Samples 1. Each violation of a permittee's permit limit or condition is a violation of this Ordinance. 2. a) If analysis of any composite sample of a permittee's discharge obtained by the OCSD shows a major violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the permittee shall pay non-compliance sampling fees to the OCSD pursuant to fee schedules adopted by the OCSD's Board of Directors. b) If analysis of any composite sample of a permittee's discharge obtained by the OCSD shows a minor violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the OCSD may impose noncompliance sampling fees pursuant to fee schedules adopted by the OCSD's Board of Directors. 3. The fees specified in subsection 602.C.2.(a), C.2.(b) and D herein shall be imposed for each date on which the OCSD conducts sampling as a result of a violation by a permittee. Page 61 of 83 D. Non-Compliance Sampling Fees for Grab Samples and Self-Monitoring Results 1. If analysis of any grab sample analysis of a permittee's discharge shows noncompliance with any concentration limits as set forth in the user's permit or in this Ordinance, the OCSD may impose non- compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the OCSD as a result of a violation by the permittee. 2. If any self-monitoring analysis of a permittee's discharge shows non-compliance with any concentration limits or mass emission rates as set forth in the user's permit or in this Ordinance, the OCSD may impose non-compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the OCSD as a result of a violation by the permittee. 602.1 Probation Order A. Grounds In the event the Division Head determines that a permittee has violated any provision of this Ordinance, or the terms, conditions and limits of its discharge permit, or has not made payment of all amounts owed to the OCSD for user charges, noncompliance fees or any other fees, the General Manager may issue a Probation Order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. B. Provisions The issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, requirements for self-monitoring, submittal of drawings or technical reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order- Expiration A Probation Order issued by the General Manager shall be in effect for a period not to exceed ninety (90) days. Page 62 of 83 602.2 Enforcement Compliance Schedule Agreement (ECSA) A. Grounds Upon determination that a permittee is in non-compliance with the terms, conditions or limits specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, the General Manager may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. B. Provisions The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, interim limits, or other provisions to ensure compliance with this Ordinance. C. ECSA - Payment of Amounts Owed The OCSD shall not enter into an ECSA until such time as all amounts owed to the OCSD, including user fees, non-compliance sampling fees, deposits, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the General Manager. Failure to pay all amounts owed to the OCSD shall be grounds for permit suspension or permit revocation as set forth in Section 604 and 605. D. ECSA - Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term, the General Manager may issue an order suspending or revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance. Page 63 of 83 603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) A. Grounds If at any time subsequent to the issuance of a Wastewater Discharge Permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the OCSD enacts revised discharge limits, the General Manager, upon determination that an industrial user would not be in compliance with the adopted or revised limits, may require the industrial user to enter into a RCSA with the OCSD under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date. The RCSA shall have a maximum term of two hundred-seventy (270) days. B. Provisions The issuance of a RCSA may contain terms and conditions including but not limited to requirements for installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. C. RCSA - Non-Compliance Sampling Fee During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance sampling fees in accordance with Article 6. 604. PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Fails to comply with the terms and conditions of either an ECSA or RCSA. 2. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 3. Refuses to provide records, reports, plans, or other documents required by the OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. Page 64 of 83 4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 5. Fails to report significant changes in operations or wastewater constituents and characteristics. 6. Violates a Probation Order. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the OCSD for user charges, noncompliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Violates any condition or limit of its discharge permit or any provision of the OCSD's Ordinance. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for permit suspension, he shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for suspension of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or Page.65 of 83 its legal counsel/representative at the permittee's business address. C. Effect 1. Upon an order of suspension by the General Manager becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any industrial wastewater, directly or indirectly to the OCSD's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension. 3. An order of permit suspension issued by the General Manager shall be final in all respects on the sixteenth (161h) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. 605. PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 2. Refuses to provide records, reports, plans, or other documents required by the OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 4. Fails to report significant changes in operations or wastewater constituents and characteristics. 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or probation order. Page 66 of 83 6. Discharges effluent to the OCSD's sewerage system while its permit is suspended. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the OCSD for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with the OCSD's collection, treatment, or disposal system. 10, Fails to submit oral notice or written report of bypass occurrence. 11. Violates any condition or limit of its discharge permit or any provision of the OCSD's Ordinance. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for the revocation of a permit, he shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for permanent revocation of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee Page 67 of 83 or its legal counsel/representative at the permittee's business address. In the event the General Manager determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate. C. Effect 1. Upon an order of revocation by the General Manager becoming final, the permittee shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to the OCSD system. All costs for physical termination shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. 3. Any future application for a permit at any location within the OCSD by any person subject to an order of revocation will be considered by the OCSD after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. 606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS A Wastehauler's non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the Wastehauler s discharge permit or this Ordinance. If the discharge of a Wastehauler is found by the analysis to be in excess of the concentration limits specified in the Wastehauler s discharge permit or in this Ordinance, the Wastehauler shall, after receiving a demand from the OCSD, identify in writing, all sources of the discharge. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is domestic septage, or septic waste, the OCSD may still elect not to accept waste from that particular source. Page 68 of 83 If the discharge is industrial wastewater from an industrial source(s) and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The per mittee shall pay a noncompliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. 3. The Wastehauler permit may be revoked in accordance with Section 606. 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. Any person who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the OCSD sewerage facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the OCSD to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of twenty-five percent (25%) of OCSD costs shall be added to the costs and charges to reimburse the OCSD for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of invoicing by the OCSD. B. Any person who discharges a waste which causes or contributes to the OCSD violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the OCSD, including regulatory fines, penalties, and assessments made by other agencies or a court. 608. INDUSTRIAL WASTE PASS THROUGH Any person whose discharge results in a pass through event affecting the OCSD or its sewerage facilities shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other Page 69 of 83 indirect costs. The discharger shall submit to the OCSD plans to prevent future recurrences to the satisfaction of the OCSD. 609. PUBLICATION OF VIOLATION Upon a determination in a permit suspension, permit revocation, or civil penalty proceedings that a user has discharged in violation of its permit or any provision under this Ordinance, the OCSD may require that the user notify the public and/or other users of the OCSD sewerage facilities of such violation, of actions taken to correct such violation, and of any administrative or judicial orders or penalties imposed as a result of such violation. 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, the OCSD shall annually cause to be published the names of all industrial users in significant non-compliance. Upon a minimum of a thirty (30)-day notification to the user, said publication shall be made in the newspaper of the largest daily circulation published in the OCSD service area. 611. PUBLIC NUISANCE Discharge of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorized by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor. 612. TERMINATION OF SERVICE A. The OCSD, by order of the General Manager, may physically terminate sewerage service to any property as follows: 1. On a term of any order of emergency suspension or revocation of a permit; or 2. Upon the failure of a person not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the OCSD sewerage facilities. B. All costs for physical termination shall be paid by the user as well as all costs for reinstating service. Page 70 of 83 613. EMERGENCY SUSPENSION ORDER A. The OCSD may, by order of the General Manager, suspend sewerage service or Wastehauler discharge service when the General Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause interference to the OCSD sewerage facilities, or may cause the OCSD to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. B. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) days following the issuance of such order, the General Manager shall hold a hearing to provide the user the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD General Counsel. The General Manager shall issue a written decision and order within two (2) business days following the hearing, which decision shall be sent by certified mail to the user or its legal counsel/representative at that user's business address. The decision of the General Manager following the hearing shall be final and not appealable. 614. INJUNCTION Whenever a discharger of wastewater is in violation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Pretreatment Standard or requirement as set forth in 40 CFR Section 403.8 at seq., fails to submit required reports, or refuses to allow the OCSD entry to inspect or monitor the user's discharge, the OCSD may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent threatened violations by the discharger. 615. CIVIL PENALTIES A. Author' All users of the OCSD's system and facilities are subject to enforcement actions administratively or judicially by the OCSD, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, Page 71 of 83 including but not limited to: (1) Federal Water Pollution Control Ad, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 at seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 at seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 at seq.); and (5) California Government Code, Sections 54739-54740. 13. Recovery of Fines or Penalties In the event the OCSD is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by OCSD, as caused by the discharge of any user of the OCSD system which is in violation of any provision of the OCSD Ordinance or the user's permit, OCSD shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740, any person who violates any provision of this Ordinance; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 at seq., any person who violates any provision of this Ordinance, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The General Counsel of the OCSD, upon order of the General Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the OCSD may impose, assess, and recover pursuant to Federal and/or State legislative authorization. D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the OCSD may issue an administrative complaint to any person who violates: a) any provision of this Ordinance; b) any permit condition, prohibition, or effluent limit; or c) any suspension or revocation order. Page 72 of 83 2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the OCSD requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted. 3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the OCSD's General Counsel. 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of the fads found to be true, a determination of the issues presented, conclusions, and a recommendation. 5. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. 6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Steering Committee may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Steering Committee may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved. 7. Civil penalties may be assessed as follows: a) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; Page 73 of 83 b) In an amount which shall not exceed three thousand dollars ($3,000.00)for each day for failing or refusing to timely comply with any compliance schedules established by the OCSD; c) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the OCSD; d) In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the OCSD; 8. An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first (31 st) day after its is served on the person unless an appeal and request for hearing is filed with the Steering Committee pursuant to Section 618 no later than the thirtieth (301h) day following such mailing. An order assessing administrative civil penalties issued by the Steering Committee shall be final upon issuance. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order. 10. Any person aggrieved by a final order issued by the Steering Committee, after granting review of the order of the General Manager, may obtain review of the order of the Steering Committee in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision or order issued by the Steering Committee. 11. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The OCSD may record the lien for any unpaid Page 74 of 83 administrative civil penalties on the ninety-first (91 st) day following the date the order becomes final. 12. No administrative civil penalties shall be recoverable under Section 615.D for any violation for which the OCSD has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 616. CRIMINAL PENALTIES Any person who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not more than thirty (30) days, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 617. APPEALS TO GENERAL MANAGER A. General Any user, permit applicant or permittee affected by any decision, action or determination made by the Division Head may file with the General Manager a written request for an appeal hearing. The request must be received by the OCSD within fifteen (15) days of mailing of notice of the decision, action, or determination of the OCSD to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant's request. B. Notice The General Manager shall, within fifteen (15) days of receiving the request for appeal, and pursuant to Section 107, designate a Department Head or other person to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the staff decision shall be deemed final. Page 75 of 83 C. Hearing At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the Division Head's decision, action or determination. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD's General Counsel. D. Written Determination After the conclusion of the hearing, the Department Head (or other designee) shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, the General Manager shall make his determination and shall issue his decision and order within thirty (30) calendar days of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the General Manager shall be final in all respects on the sixteenth (161h) day after it is mailed to the appellant unless a request for hearing is filed with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on the fifteenth day following such mailing. 618. APPEALS TO THE STEERING COMMITTEE A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Steering Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a fee ordinance of the OCSD Board of Directors. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request. No later than sixty (60) days after receipt of the request for hearing, the Steering Committee shall either set the matter for a hearing, or deny the request for a hearing. A hearing shall be held by the Steering Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Steering Committee. If the matter is not heard within Page 76 of 83 the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Granting Request for Hearing The Steering Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Steering Committee. C. Appeal Fee Refund The appeal fee shall be refunded if the Steering Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Steering Committee denies the appeal. D. Written Determination After the hearing, the Steering Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Steering Committee shall be set forth in writing within sixty- five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Steering Committee shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the Steering Committee shall be final upon its adoption. In the event the Steering Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Appeal of Charges and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD, relating to fiscal issues of the OCSD in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as connection charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that the OCSD reconsider imposition of such fees or charges. Following review of such a request, the OCSD shall notify the user, permit applicant, or permittee by certified mail of the OCSD's decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellant's property is located. The notice of Page 77 of 83 appeal must be received by the OCSD within thirty (30) days of the mailing of the OCSD's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of$1,000.00; and 2. A penalty of one and one-half percent (1.5%) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the OCSD receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during OCSD review of any appeal submitted by permittees. 619.1 Collection of Delinquent Accounts Collection of delinquent accounts shall be in accordance with the OCSD's policy resolution establishing procedures for collection of delinquent obligations owed to the OCSD, as amended from time to time by the Board of Directors. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this Ordinance. 620. RECOVERY OF COSTS INCURRED BY OCSD Page 78 of 83 In the event permittee fails to comply with any of the terms and conditions of the OCSD's Ordinance, a probationary order, a permit suspension or revocation, an ECSA, RCSA, or a permit issued hereunder, the OCSD shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the OCSD an amount determined by the General Manager as necessary to guarantee payment to OCSD of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts The OCSD may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the OCSD, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. Bankruptcy Every Permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. D. Permit Amendments The OCSD shall review and examine Permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this Ordinance. The OCSD may thereafter issue an amendment to the User's permit in accordance with the provisions of Article 3 and Section 621(E) of this Ordinance. E. Securi An amendment to a waste discharge permit issued pursuant to Sections 621(B), (C), and (D), may be conditioned upon the Permittee depositing financial security in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities Page 79 of 83 furnished by OCSD and shall not be used by the OCSD to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. F. Return of Security In the event the Permittee makes payment in full within the time prescribed by this Ordinance of all fees and charges incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to Sections 621(B), (C), and (D), the OCSD shall either return the security deposit posted by the Permittee or credit their account. 622. JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, the OCSD hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. 2. Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the OCSD or its offices or agents, all written evidence, and any other papers in the case. 3. Party shall mean a person whose permit has been denied, suspended, or revoked. Page 80 of 83 C. Time Limit for Judicial Review Judicial review of any decision of the OCSD or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. Preparation of the Record The complete record of the proceedings shall be prepared by the OCSD officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefor. The OCSD may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. Notice In making a final decision, the OCSD shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. Administrative Civil Penalties Notwithstanding the foregoing in Section 622, and pursuant to Government Code Section 54740.6, judicial review of an order of the Steering Committee imposing administrative civil penalties pursuant to Section 615.D may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Steering Committee becomes final. Page-81 of 83 ARTICLE 7 SEWER SERVICE CHARGES - CONNECTION CHARGES 701. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a sanitary sewer service charge in an amount adopted by the Board of Directors by separate Ordinance. 702. CAPITAL FACILITIES CONNECTION CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a capital facilities connection charge in an amount adopted by the Board of Directors by separate Ordinance. ARTICLE 8 SEVERABILITY 801. SEVERABILITY If any provision of these Regulations or the application to any or circumstances is held invalid, the remainder of the regulations or the application of such provision to other persons or other circumstances shall not be affected. 802. GENERAL APPLICATION The provisions of this Ordinance shall apply to all properties within the OCSD including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations. Section II: This Ordinance is enacted in order to preserve the public health and safety, and in order to continue the provision of sewer services by the OCSD. The facts requiring the public health and safety to be preserved are that the regulation of the discharge of industrial and sanitary sewage is regulated by Federal and State law, and protection of individuals' health and the environment require that no discharges of untreated sewage/wastewater are allowed to occur that are not in accord with technical specifications and requirements. Section III: Effective Date. This Ordinance shall take effect July 1, 2007. Page 82 of 83 Section IV: Repeal. Ordinance No. OCSD-01 is hereby repealed. Section V: The Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held May 23, 2007. Chair, Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel Page 83 of 83 ADMINISTRATION COMMITTEE MeedngDate To ad.of[Mr. 04111/07 05/23/07 AGENDA REPORT - R mNumber R mNumber ADM07-27 i5 Orange County Sanitation District FROM: James D. Ruth, General Manager Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PROPOSED 2007-08 SEWER SERVICE USER FEES GENERAL MANAGER'S RECOMMENDATION Adopt Ordinance No. OCSD-32, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers, and Repealing Ordinance No, OCSD-30B: ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES, REVISED TABLE B RE PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS, REVISED TABLE C RE CAPITAL FACILITIES CAPACITY CHARGES, NEW TABLE D RE PLAN CHECK AND INSPECTION FEES, REVISED TABLE E RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE D), REVISED TABLE F RE ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES (FORMERLY TABLE E), REDESIGNATED TABLE G (FORMERLY TABLE F), REVISED TABLE H RE CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE (FORMERLY TABLE G), REVISED TABLE I RE WASTEHAULER CHARGES FOR USE (FORMERLY TABLE H), AND REAFFIRMING ALL OTHER CHARGES a. Motion to read Ordinance No. OCSD-32 by title only and waive reading of said entire ordinance. b. Motion to adopt Ordinance No. OCSD-32, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Sanitary Sewer Service Charges; Establishing Capital Facilities Capacity Charges; Adopting Miscellaneous Charges and Fees Relating to Industrial Charges, Source Control Permittees and Wastehaulers, and Repealing Ordinance No. OCSD-30B. SUMMARY The net effect of adopting the attached rate ordinance will be to increase the single family residential rate, the basis for all sewer service charges, 9.8 percent, or from $165.80 to$182.00, effective July 1, 2007. Historically, the District has increased our overall sewer user fees in fairly small annual increments, using some debt financing to smooth the impact of the capital improvement program. With the public interest in improved effluent quality and the Board's decision to meet secondary treatment discharge standards rapidly, ft is appropriate to evaluate ' larger rate increases on the front-end of the capital improvement program in order to match the requirements of the program itself and to reduce the long-term rate impacts of additional future debt financing and interest costs. The Directors adopted a plan in 2003 that included debt financing for $1.4 billion of the $2.8 billion capital improvement and rehabilitation, refurbishment and replacement program. By authorizing this amount of borrowing, the Directors were able to limit projected annual sewer user fee increases to approximately 15% (approximately $18 per year) each year through 2007-08. The Board agreed with this plan and asked that the proposed fee increases be considered annually by the Board for implementation. 2007-08 will be the fifth year of this 5-year plan. Staff has re-evaluated every project in the Validated Capital Improvement Program and many newly proposed projects as a part of the 2006-07 and 2007-08 budget preparation process. Approximately $474 million of budgeted construction costs will be delayed or deferred. In addition, the Sanitation District contracted with Carollo Engineers to complete a Revenue Program and Rate Analysis study. The result of these efforts was to reduce projected 2006-07 and 2007-08 single family residential rate (SFR) increases, the basis for all sewer service charges, from 20.0% to 9.8%. Included in staffs recommendation on "Adopting Revised Table B re Property Use Classifications for Commercial or Industrial Users" is new proposed use codes for the U.S. Post Office and Open Air Entertainment Venues. These use codes are necessary in order for the District to accurately bill these unique property uses, as further detailed on the attached Staff Report of March 14, 2007. One other proposed change of note pertains to refunding capital facilities capacity charges. The existing ordinance does not allow any refunds of capital facilities capacity charges because of non-use or change of use, or any other reason. Staff is proposing to allow for a capital facilities capacity charge refund for those instances where a connection has not made, and the request for connection is withdrawn within 12 months of the payment date. These capital facilities capacity charges will be refunded upon establishing proof from the City or County of a canceled permit. This revised refund policy will match most public agency refund policies pertaining to building permits. Without a Board action (by 2/3 majority), the SFR rate for 2007-08 will remain at $165.80 per year. The $182 rate recommended for 2007-08 will generate approximately$183.5 million of user fees; an annual increase of$17.0 million over the prior year. There are no extraordinary costs associated with the recommendation. ADDITIONAL INFORMATION Schedule for Implementing Sewer Service Fee Increase 181 Reading of Fee Ordinance April 25, 2007 M.W.010 nd.� 4-d.pepp W1 Bove A,.Rp .'OS M.tB.OW..]xEx R... gel M Page 2 i i 2nd Reading, Public Hearing, &Adoption of Fee Ordinance May 23, 2007 Ordinance is Effective in 30 days, or in the New F.Y. July 1, 2007 Fees per parcel due to County Auditor-Controller August 11, 2007 Rate Increase Chronology June 2003 1) 1n June 2003, the Board approved a revised Capital Improvement Plan (CIP). 2) To support this CIP, staff recommended a five-year plan which included rate increases averaging 20%. 3) The Board directed staff to issue a Proposition 218 public notice stating the rates would increase by an amount not to exceed a total of 20% annually increase over the next five year period. 4) While the increases were tentatively approved and noticed, the Board chose not to implement the full 20% increase for 2003/04. 5) The Board did discussed alternatives between 10-20%. 6) Ultimately, the Board acted to implement a 15% increase in 2003/04. 7) Staff reset the budget and long-term cash flow model to reflect the annual increases of 15% for the subsequent five-year period. 8) Board policy stated that 50% of all future capital improvements (approximate percentage of non-capacity related projects), would be funded from current revenues and the remaining 50%through debt financing. However, reducing the projected annual rate increases to 15% required as deviation from that policy in order to support the capital program. As of July 2003, the ratio of CIP funded debt increased to 62 percent. By July 2005, this ratio decreased to 58 percent. The debt fiscal policy has subsequently been changed to provide additional flexibility when addressing this District's capital program and debt issuances. 9) While the five-year plan was still in place, the Board directed staff that to bring back the rate schedule for annual adoption. June 2004 1. Through the adoption of the 2004/05 Budget, the Board acted to implement a portion of the 20% rate increase included in the five-year plan. 2. The Board acted to implement a 15% rate increase for 2004/05. June 2005 RwwftmECW®tl ft. B mFWnMNepu,fOW]Ylem 15.ONi,urco]2.0¢ n..i. o = Page 3 t 1. The CIP increased by $400M, from $1.94B to 2.38B. ,1 2. Additionally, Operations costs increased by $400M, from $1.3B to $1.713. 3. To support these increased costs, rates needed to be increased above 15%. 4. The Board approved a 31% rate increase for 2005-06, instead of 15%. 5. The additional increase was based on only 15% increases in each of the previous two years. 6. Both the 2005-06 Adopted Budget and the existing ordinance include 20% rate increases for 06-07 and 07-08. 7. Proposition 218 notices were issued based on the 20% figure. 8. As the Board must act to implement any rate increase, it reserves the option to approve any rate increase, under the existing Proposition 218 notice, that does not exceed 20% in fiscal year 2006-07, or 40% over the next two years. June 2006 1. The CIP decreased by $549M, from $2.38B to $1.83B as budgeted construction costs were delayed or deferred. 2. The Sanitation District contracted with Carollo Engineers to complete a Revenue Program and Rate Analysis study. The result of these efforts reduced projected 2006-07 and 2007-08 single-family residential rate (SFR) increases, the basis for all sewer service charges, from 20.0% to 9.8%. 3. The Carollo rate model developed proposed revised capital facility capacity charges (CFCC) that increases the benchmark 3-bedroom, SFR from $2,890 to $4,360, or 50.9 percent, and the average demand for commercial industrial from $1,050 to $1,306, or 24.4 percent. 4. The previous CFCC rates have not been increased over the last two-and-one-half years. It has generally been the practice of the Sanitation District not to update CFCC rates until the completion of an Interim Strategic Plan Update, which generally occurs only once in approximately five years. With the implementation of this new rate ordinance, staff recommended that these fees be adjusted annually, based on a commonly accepted price indicator, the Engineering News Record Construction Cost Index for Los Angeles, to reflect the current value of the facilities or the current cost of capital projects. R.WquaAa^��"^4 end Rq SP 7B 'd P9t R�9VI .M 15.ON�rce 32hc oay.roa Page 4 ATTACHMENTS 1. Staff Report on Proposed Non-Residential Sewer Service Fee Billing Method Adjustments dated March 14, 2007. 2. Ordinance No. OCSD-32. M Agents fleyIIV 7BmtlRpnxle Aep,leN_'ONem 150N.lg.. R. , �W Page 5 f March 14, 2007 STAFF REPORT Proposed Non-Residential Sewer Service Fee Billing Method Adjustments Annually, the District considers the need to adjust sewer service fee rates to its residential, commercial, and industrial customers to ensure that the appropriate fees are captured to cover its costs, and that the fees are set proportionate to the service received. This process is completed through the update of the District's rate ordinance that becomes effective 30 days following Board adoption. The adoption process requires a reading at two separate board meetings and a public hearing. Staff is targeting the April board meeting for the first reading of the newly proposed ordinance with a tentative 9.8 percent increase in all rates. In addition, staff will be requesting a new U. S. Post Office user fee rate and an Entertainment Venue—Open Air Facilities rate, based on attendance, to ensure that these customers are paying their fair share. Backaround The major revenue source of the Sanitation District is the sewer service fee that is assessed on each improved parcel within the District's service area through the property tax bill of the County of Orange (County), and then subsequently collected and remitted by the County to the District. The sewer service fee covers the District's cost of collection, treatment and disposal of all wastewater received from the individual parcels. The fees are established by ordinance of the District Board and vary according to the use of the parcel and the level of service that is required. The Sanitation District service area includes over 550,000 parcels, approximately 526,500 of which indicate improvements and are included in the District's sewer service fee program. Of these 526,500 improved parcels, approximately 477,500 parcels are single or multi-family residential parcels. The remaining 49,000 parcels consist of commercial, industrial, and governmental classifications, and have the most potential for reclassification and additional revenue. The single-family residents (SFR) are assessed a flat rate fee, the multi-family residents are charged a flat rate fee on a per unit basis, and commercial, industrial, and governmental parcels are assessed a fee per 1,000 square foot of building improvements based on their individual property user fee code. OCSD • P.O.Boe 8127 • Feunlein Valley.C 927284127 ♦ (714)%2-2411 Sewer Service Fee Billing Methods March 14, 2007 ' Page 2 of 3 Commercial user fees generate approximately $70 million each year. These properties are billed a rate per thousand square feet which corresponds to the specific use code of their property. The use code and square footage have been obtained through the Orange County Assessor Office Data Center, a main frame program, updated every 12 months. In October of 2003, the Revenue Division moved this database in-house and designed a program specific for our use. As a result, we have more flexibility and total control over how the database is used. For example, when construction or demolition takes place, we can ensure square footage changes are effective immediately. Our foremost concern is the accuracy of the use code and square footage information that we use to calculate the fees for our customers. During the course of the past fiscal year, staff has evaluated the use codes and billing methods that are currently in our ordinance and have established two areas for improvement or modification. This report outlines those areas and then a recommended solution for billing purposes. United States Post Offices Currently, there is no U.S. Post Office use code in the Sanitation District's sewer service fee ordinance and the District has no way of accurately billing parcels that contain only U.S. Post Offices. U.S. Post Offices are currently placed in the Governmental Use category (118) and the rate is 82 percent of the SFR rate, or $135.96 per 1,000 square feet. Based upon actual water consumption received from the U. S. Post Office on several post offices in our service area, the Governmental Use category may result in overcharges up to 300 percent. At the request of the U. S. Post Office, staff evaluated the current use code for U.S. Post Offices and determined that in order to accurately bill these parcels for their wastewater discharge, a separate use code for U.S. Post Offices should be established. Staff has obtained the flow, chemical oxygen demand (COD), and suspended solids (SS) assumptions used by the County Sanitation Districts of Los Angeles County (CSDLAC) within their sewer service fee program and converted their load measurement of COD to the District's load measurement of bio-chemical oxygen demand (BOD). Based on the proportion of flow, BOD, and SS concentrations for U.S. Post Offices used by CSDLAC to the District's flow, BOD, and SS concentrations for single-family residences (SFR), staff is recommending a new use code, U.S. Post Office (225), which will charge 35 percent of the SFR rate per 1,000 square feet. This rate would have been $58.03 per 1,000 square feet for FY 2006-07 compared to $135.96 per 1,000 square feet for the Governmental Use Code (118). Sewer Service Fee Billing Methods March 14, 2007 Page 3 of 3 Entertainment Venues- Open Air Facilities Our current ordinance bills entertainment venues such as Knott's Berry Farm, Angel Stadium of Anaheim, Honda Center (formerly the Arrowhead Pond of Anaheim), Los Alamitos Race Course, Anaheim Convention Center and Soak City USA based upon the square footage of improvements that are currently listed by the assessor's office on their secured property tax bill. Disneyland and California Adventure are currently on Industrial Wastewater Discharge Permits that require the District to obtain flow data and perform annual reconciliations. A subset of entertainment venues are open-air facilities. Because open-air facilities such as Angel Stadium of Anaheim and the Los Alamitos Race Course have minimal square footages listed by the assessor's office, the current billing methodology does not accurately charge these venues for the wastewater that they are discharging. Based on a study performed by Carollo Engineers, a more fair and equitable billing methodology would be attendance rate based because of the large number of visitors that attend these venues throughout the year resulting in an abundance of wastewater discharged into the system. Angel Stadium of Anaheim is an excellent example. The assessor's office lists 46,575 square feet and their sewer service fee is only $11,199.87. The square footage captured on the property tax bill does not fully capture the amount of wastewater being discharged because the square footage is only for enclosed facilities. Staff has reviewed the entertainment venues and the information that we have regarding their discharge and sewer service fees. We are recommending that we charge open-air facilities based upon their attendance on an annual basis. The facilities would provide their annual attendance for the prior year and we would bill them 15gpd per attendee and place the fee on their annual secured property tax bill. This billing method provides a more accurate fee for the actual discharge into the system. The open-air facilities would pay a rate per MG based upon the related flow, bod and tss charge for single family residences. MG 2006-07 Esrd 2003 GPD Per per Rate per Attendance Actual Entertainment Center Attendance' Attendee" year MG— Based Fee 06-07 SSF Angel Stadium of Anaheim 3,250.000 15 48.76 $1,796.43 $87,527.21 $11,119.87 Los Alamitos Race Course 900,000 15 13.5 $1,795.43 $24,238.31 $2.176.29 'Last available attendance documentation "GPD per Attendee according to Entertainment Rate Class Evaluation prepared by Carollo Engineers ***Rate pr MG based upon SFR unit costs for Flow, bod, and tss LT:mw ORDINANCE NO. OCSD-32 ADOPTING REVISED TABLE A RE RESIDENTIAL USER FEES, REVISED TABLE B RE PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS, REVISED TABLE C RE CAPITAL FACILITIES CAPACITY CHARGES, NEW TABLE D RE PLAN CHECK AND INSPECTION FEES, REVISED TABLE E RE SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES (FORMERLY TABLE D), REVISED TABLE F RE ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES (FORMERLY TABLE E), REDESIGNATED TABLE G (FORMERLY TABLE F), REVISED TABLE H RE CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE (FORMERLY TABLE G), REVISED TABLE I RE WASTEHAULER CHARGES FOR USE (FORMERLY TABLE H), AND REAFFIRMING ALL OTHER CHARGES AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING SANITARY SEWER SERVICE CHARGES; ESTABLISHING CAPITAL FACILITIES CAPACITY CHARGES; ADOPTING MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL CHARGES, SOURCE CONTROL PERMITTEES AND WASTEHAULERS; AND REPEALING ORDINANCE NO. OCSD-30B. WHEREAS, the Board of Directors of the Orange County Sanitation District ("District") has previously adopted Ordinance No. OCSD-30B, establishing annual Sanitary Sewer Service Charges for all uses, establishing Capital Facilities Capacity Charges to be imposed when properties either newly- connect to the District's system, or expand the use of the property previously connected to the District; establishing miscellaneous industrial discharger fees, source control/noncompliance sampling fees, and wastehauler charges, which Ordinance is presently in full force and effect; and WHEREAS, for purposes of improved efficiency and effectiveness of the District's operations, it is the intent, by the adoption of this Ordinance, to establish sanitary sewer service charges and capital facilities fees, and to provide for increases in certain miscellaneous charges and fees. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I. Fees and Charges Ordinance—Adopted TABLE OF CONTENTS ARTICLE I: RECITAL OF FINDINGS Section 1.01, Findings— Declaration of Intent WS&S-BRH:pj:201630:04120105 1 OCSD.ADB 4/25107 ARTICLE II: SANITARY SEWER SERVICE CHARGES Section 2.01, Purpose and Scope Section 2.02, Annual Sanitary Sewer Service Charge Section 2.03 A. Exemptions B. Application for Rebate C. Application for Refund D. Limitation Period E. Determination F. Administrative Fee Section 2.04, Annual Charge Based on Fiscal Year Section 2.05, Method of Collection Section 2.06, Credit for Industrial Permittees Section 2.07, Open-Air Facilities Table A Annual Sewer Service Charges for Residential Users Table B Annual Sewer Service Charges Property Use Classifications for Commercial or Industrial Users ARTICLE III: CAPITAL FACILITIES CAPACITY CHARGES Section 3.01, Purpose and Scope Section 3.02, Definitions Section 3.03, Connection Permits: Required Section 3.04, Capital Facilities Capacity Charge: Payment Section 3.05, Capital Facilities Capacity Charge: Time of Payment Section 3.06, Capital Facilities Capacity Charge: Schedule of Amounts Table C Capital Facilities Capacity Charges Table D Plan Check and Inspection Fee Schedule Section 3.07, Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users —Special Purpose Dischargers — Definitions Section 3.08, Supplemental Capital Facilities Capacity Charge: New Significant Commercial — Industrial Users Section 3.09, Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers Section 3.10, Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial — Industrial Users— Special Purpose Dischargers Table E Supplemental Capital Facilities Capacity Charges Section 3.11, Capital Facilities Capacity Charge: Replacement Section 3.12, Capital Facilities Capacity Charge: Remodeled Section 3.13, Payment of Capital Facilities Capacity Charge: WS&S-BRH:pj201660:0420f05 2 OCSDADB 425/07 Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements Section 3.14, No Refund or Transfer i Section 3.15, Baseline Transferability Section 3.16 Annual Updates Section 3.17 Affordable Housing Projects ARTICLE IV: MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 4.01, Purpose and Scope Section 4.02, Administrative Fees and Charges Relating to Permittees Section 4.03, Industrial Discharger, Source Control, and Non-Compliance Sampling Fees Section 4.04, Special Purpose Discharge Permittees; Charges for Use Section 4.05, Class I and Class II Permittees — Charges for Use Section 4.06, Wastehauler Charges for Use Section 4.07, Administrative Appeals Table F Administrative Fees and Charges Relating To Permittees Table G Industrial Discharger, Source Control and Non-Compliance Sampling Fees Table H Class I and Class II Permittees and Special Purpose Discharge Permittees Charges For Use Table I Wastehauler Charges for Use ARTICLE V: MISCELLANEOUS Section 5.01, Application of Ordinance Section 5.02, Exceptions Section 5.03, Severability Section 5.04, Effective Date Section 5.05, Repeal Section 5.06, Certification and Publication ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings — Declaration of Intent. The Board of Directors of District has previously adopted Master Plans, as more particularly described in Findings B, C, D, and E below, setting forth the financial and engineering needs of the District, and hereby adopts the following Findings supporting the amounts of charges and fees adopted pursuant to this Ordinance. WSBS-BRH:pj:201660:04/20/05 3 OCSD.ADB 4125/07 A. That the former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the 'Predecessor Districts"), were nine individual County Sanitation Districts, organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 et seq.). By action of the Board of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single Sanitation District for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District, came into existence in place of the Predecessor Districts. The District was formed to carry on the functions of the Predecessor Districts. B. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan — 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of District Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts. C. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016, and other provisions of law. D. That the District, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999. E. That in support of this Ordinance and the revised charges for sewer service and/or Capital Facilities Capacity Charges as provided for on Tables A, C, D and G herein, the Board of Directors finds that the Capital Improvement Program ("CIP") Validation Study for Fiscal year 2003-04 and the Secondary Treatment Peer Review, as approved by the Board of Directors, has resulted in the development of a Capital Improvement Program that provides for the implementation of secondary treatment standards, thereby improving effluent quality in a reasonably short period of time, consistent with the goals and policies of the Board of Directors, the member agencies, and the public, while also providing for the construction of necessary improvements to accommodate w5&S-BRH:pj20166D:0420/05 4 OCSD-ADB 425/07 projected increased flows and the rehabilitation and refurbishment of existing facilities. The Board further finds that programming annual adjustments in sewer service charges over a period of years is appropriate and ensures adequate revenues to finance the improvements and programs necessary to implement secondary treatment standards, accommodate increased flows, rehabilitate and refurbish existing facilities, and retire any necessary or prudent debt incurred to finance such improvements in a reasonable manner and over a reasonable period of time. The Board of Directors also finds that such Sanitary Sewer Service Charges and Capital Facilities Capacity Charges are reasonably related to, and do not exceed the cost of providing sewer services. F. That the financial requirements of the District, as shown in reports prepared by Staff and Consultants relating to the Strategic Plan and the CIP validation studies, are based on current, reliable information and data relating to population projections, wastewater flow, and capital facilities' needs, and are expected to be realized in each year as described in the reports. G. That the revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, reconstruction, maintenance, and operation of the sewage collection, wastewater treatment and disposal facilities of the District; to repay principal and interest on debt instruments; to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves; and to assist in the payment of costs to the District to provide all regulatory administration and laboratory services related to the industrial dischargers, source control permittees, and wastehauler users of the District's systems. H. That the owners or occupants of properties upon which all fees and charges established by this Ordinance are levied, discharge wastewater to the District's collection, treatment and disposal facilities. The costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process. I. That the need for upgraded and improved treatment of all wastewater collection, treatment and disposal facilities is required to protect the public health and safety, and to preserve the environment without damage. J. That the Sanitary Sewer Service Charges established and levied by this Ordinance are to allow the District to recover the reasonable costs to provide a service to individual properties which have been improved for any of numerous types of uses. The basis for the respective charge is the request of the owner of property or a structure thereon, for the benefit of him/her/itself, or the occupants of the property, to receive a service based upon actual use, consumption, and disposal of water to the District's system in lieu of disposal by other means. K. That the Sanitary Sewer Service Charges established by this Ordinance are not imposed as a condition of approval of a development project, as defined in California Government Code Section 66001, and do not exceed the estimated reasonable cost to provide the sewer service for which the fee is wsas-Bw+:pl:201660:0e¢0ros 5 OCSDADB 4/25107 levied, as provided in Government Code Sections 66013 and 66016 and California Constitution Article XIIID. L. That the Sanitary Sewer Service Charges adopted herein will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these Sanitary Sewer Service Charges will not result in any specific project, nor result in a direct physical change in the environment. M. That the Sanitary Sewer Service Charges adopted herein are established upon a rational basis between the fees charged each customer and the service and facilities provided to each customer of the District, a portion of which are necessary to replace the loss Of ad valorem property taxes to the State General Fund as a result of state legislative action on September 2, 1992, and in subsequent years. N. That the Board of Directors has previously, by duly adopted Ordinances, commencing in 1969, and most recently by Ordinance No. OCSD- 30B, established Capital Facilities Capacity Charges, formerly known commonly as "connection charges" or "fees", to be paid by all persons obtaining a permit to connect to the District's system. Said Charges are required as a financial payment to have access to and use of the District's wastewater collection, treatment and disposal facilities in existence at the time of connecting to the system, and for future facilities to be constructed. O. That the Sanitary Sewer Service Charges and Capital Facilities Capacity Charges established here, are an incident but not a condition of development, payable only on request to receive service by the property owner for the benefit of those persons on the property that use the service. The charges are not an incident of property ownership, nor are they a property- related service having a direct relationship to property ownership. Accordingly, the provisions of California Constitution Article MID are not applicable. P. That the District's previous and present Capital Facilities Capacity Charges Ordinances, include[d] authority for the District to levy an excess or supplemental capacity charge upon commercial and industrial users who discharge quantities or high strength wastewater greater than the established base line of authorized discharge. Q. That the Capital Facilities Capacity Charges re-enacted by this Ordinance are non-discriminatory, as applied to all users of the system, and are established upon a rational basis between the fees charged each category of property that is connecting, and the service and facilities provided to each connected property or structure, by the District, within a given category. R. That the miscellaneous charges and fees re-enacted by this Ordinance without change are established upon a rational basis between the fees charged to each industrial discharger, source control permittee, or wastehauler and the service and facilities provided to each. S. That the District is required by federal and state law, including the Federal Water Pollution Control Act, also known as the Federal WSSS-BRH:pl:201660:0420/06 6 OCSD.ADB 42M7 Clean Water Act (33 U.S.C. 1251, at seq.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (California Water Code Sections 13000 at seq.) to implement and enforce a program for the regulation of wastewater discharges to the District's sewers. T. That the District is required by federal, state and local law, to meet applicable standards of treatment plant effluent quality. U. That pursuant to these requirements, the Board of Directors has adopted an ordinance establishing Wastewater Discharge Regulations. V. That the District incurs additional costs in conducting non- compliance sampling of those industrial wastewater dischargers who violate the District's Wastewater Discharge Regulations and in administering the industrial, wastehauler, and special discharge permit programs. W. That the ordinance establishing Wastewater Discharge Regulations provides that the Board of Directors is to establish various fees and charges to recover those costs to the District which are made necessary by industrial dischargers and wastehaulers who violate the District's Wastewater Discharge Regulations. X. That the industrial discharger, source control, and wastehauler fees and charges hereby established by this Ordinance do not exceed the estimated reasonable costs to the District of industrial discharger, source control, or wastehauler use of the District's facilities and for the administration and implementation of permit and fee processing, noncompliance sampling, and related services associated with the District's Source Control Program. Y. That all fees and charges established herein have been approved by the District's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law. Z. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a). AA. That each of the Findings set forth in previous Ordinances Nos. OCSD-05, OCSD-06, OCSD-11, OCSD-13, OCSD-15, OCSD-18, OCSD-19, OCSD-20, OCSD-22, OCSD-24, OCSD-26, and OCSD 30B are reaffirmed and readopted hereat, except to the extent that they have been specifically superseded or otherwise amended by specific Findings herein. WSSS-BRH:pj201660:0420/05 7 CCSI A S425107 ARTICLE 11 SANITARY SEWER SERVICE CHARGES Section 2.01. Purpose and Scope. The purpose of this Ordinance is to establish Sanitary Sewer Service Charges required to be paid by property owners for the services and facilities furnished by the District in connection with its sanitation treatment works and sewage collection system. Revenues derived under the provisions of this Ordinance shall be used for the acquisition, construction, reconstruction, maintenance, and operation of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal and state loans issued for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2.02. Annual Sanitary Sewer Service Charge. Commencing with the effective date of this Ordinance, the owner of each parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use and which, at the request of the owner or the owner's predecessor-in-interest, is connected to the District's system, shall pay an annual Sanitary Sewer Service Charge based on the respective class of users, in the sum or sums, as set forth in Tables A and B of this Ordinance, below. The annual Sanitary Sewer Service Charges for residential users are set forth in Table A. The applicable single family residential rate shown in Table A is multiplied by the applicable percentage figure shown on Table B with respect to the particular use classification to arrive at the annual Sanitary Sewer Service Charge rate per 1,000 square feet for the commercial or industrial user. The annual Sanitary Sewer Service Charges for commercial or industrial users are dependent upon the respective classifications of property use, determined by reference to Table B. Section 2.03. A. Exemptions. It is the intent of the District that the legal owner(s) of parcels of real property, otherwise subject to the levy and payment of the Sanitary Sewer Service Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said charges, in certain circumstances and under conditions prescribed herein, and be entitled to either a rebate or a refund with respect to charges paid, as more specifically set forth in Subparagraphs 2.0313 and 2.03C below, provided an inequity is established or a billing error is proven, as specified in Subparagraphs B or C. B. Application for Rebate. Any property owner may apply to the District for a rebate of Sanitary Sewer Service Charges paid to the District by establishing that an unfair valuation of the property has been made by the District. An applicant for a rebate must establish, by proof satisfactory to the General Manager of the District, or his designee, that an inequity exists between the amount of the charge paid and the amount of wastewater discharged to the District's system, resulting in an unfair valuation. Satisfactory proof shall establish that either: (1) The principal water use is agricultural or horticultural; or wSSS-BRH:pl:201880:0420/05 8 0CSD-ADB425/07 (2) The property is devoted to any other use wherein the amount of wastewater discharged to the District's system is significantly less on a regular basis than the amount that would normally be expected to be discharged by the class of property in question. Satisfactory proof shall include, but not be limited to, documentation showing actual water usage for each billing cycle during the entire period for which the rebate is sought. The amount of any rebate shall not reduce the charge payable by any property owner, whose property is connected to the District's system, to less than the single family residential charge shown on the applicable Table attached hereto. C. Application for Refund. Any property owner may apply to the District for a refund of Sanitary Sewer Service Charges paid to the District by establishing that the amount paid was pursuant to an error in the amount billed or the amount paid. The applicant for a refund must submit proof satisfactory to the General Manager of the District, or his designee, that a billing error has been made by the District, or the County Tax Collector. Such proof shall include, but not be limited to, proof that: (1) The owner's parcel of property is not connected to the District's system; or (2) The property has not been classified in the proper property use classification code ; or (3) A clerical error has been made. D. Limitations Period. Applications for rebates and refunds shall be deemed to be governed by the provisions of California Revenue & Taxation Code Sections 5096 and 5097, allowing for refunds for a period of four (4) years from the date of payment of the second installment of the bill claimed to be either inequitable or incorrect. E. Determination. All applications for rebates or refunds of the Sanitary Sewer Service Charge will be determined by the General Manager of the District, or his designee, who, based on the submitted proof, may grant a full or partial rebate or refund. F. Administrative Fee. At the time of filing the application for rebate or refund, the property owner shall pay District an administrative fee for the processing of such application. The amount of the fee shall be equal to the total of all fees and charges imposed on the District by any other public entity, such as the Orange County Tax Collector, the Orange County Auditor, or the Orange County Recorder, in connection with the rebate or refund. Section 2.04. Annual Charge Based on Fiscal Year. The Sanitary Sewer Service Charges established by this Ordinance shall be effective as of July 1 of each year, as set forth in Tables A and B, attached hereto, for the District's fiscal year, and shall remain in effect until such time as the rates WS&S-BRWPJ:201660:0420105 9 OCSMDB 4/25107 adopted herein are changed by District Ordinance. There shall be no proration of such charges in any fiscal year. Section 2.05. Method of Collection. A. Pursuant to the authority granted by California Health & Safety Code Section 5473, and except as otherwise provided in Subparagraph 2.05B below, all sanitary sewer service charges established herein shall be collected on the County Tax Roll in the same manner, by the same persons, and at the same time as, together with, and not separately from, its general taxes. The County Tax Collector is authorized and hereby ordered to make said collections in accordance with the terms and conditions of agreements between the County of Orange and the District. B. In the event District determines that, due to billing or payment error, or to inequity in the amount billed, a property owner has underpaid annual Sanitary Sewer Service Charges payable to District, District, within four (4) years after the date of mailing of the tax bill, may: (1) collect the amount of any deficiency directly on the County Tax Roll; (2) off-set the amount of any deficiency against any amounts that District determines is owing, by District, to the property owner, as a rebate or refund under this Ordinance; or (3) submit, directly to the property owner, a bill for the amount of any deficiency, which shall be due and payable within thirty (30) days of the invoice date and which, if not paid, shall become a lien on said property. Section 2.06. Credit for Industrial Permittees. A credit shall be allowed to all dischargers permitted pursuant to Article 3 of District Ordinance No. OCSD-01, as amended, in an amount equal to the annual Sanitary Sewer Service Charge established by Section 2.02 of this Ordinance, in the same manner as credit is allowed for ad valorem taxes pursuant to Sections 302.6(B), and 303.6(B) of District Ordinance No. OCSD-01, as amended. Section 2.07 Open-Air Facilities. Sanitary Sewer Service Charges for open-air facilities will be based on annual attendance records. Open-Air facilities will pay a rate per million gallons based upon the related sewage flow, Biochemical Oxygen Demand ('BOD") and Suspended Solids ("SS") charge for single family residences. The usage per attendee will be 15 gallons. WS&S-BRH:pj2D1660:00/20/05 10 OCSDADB 425M7 TABLE A ANNUAL SEWER SERVICE USER FEES RESIDENTIAL USERS FISCAL YEAR 2003-04 2004-05 2005-06 2006-07 2007-08 SFR" $100.00 $115.00 $151.00 $165.80 $182.00 MFR $ 70.00 $ 80.50 $105.70 $116.06 $127.40 SFR = SINGLE FAMILY RESIDENTIAL MFR = MULTI FAMILY RESIDENTIAL The SFR fee is the minimum sanitary sewer service charge any user must pay. All properties located within Revenue Area No. 14 pay no annual service fees. District costs relating to providing service to these properties are billed by the District directly to the Irvine Ranch Water District, the local agency providing the local sewer service. Wsas-BRH:pi:20iee0:04re0ros 11 ocsD.nDB4aero7 TABLE B ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1.000 SF or Unit 1 Vacant Land Parcel 0% 5 Common Area Parcel 0% 6 "Hold" Parcel 0% 8 Equivalent to Vacant 0% 121 Parcel of Minimal or No Value 0% 122 Subsurface Parcels 0% 124 Oft/Mineral Rights 0% 125 Mineral Rights Equipment 0% 126 Vacant Comm.Area-IMP Alloc. 0% 201 Homeowners Exemption Add'l. 0% 666 Unassigned Vacant 0% 777 Septic Tank Property 0% 112 Steel Building 7% 113 Mini-Warehouse 7% 58 Nurseries(Plants) 10% 100 Drive-In Theater 10% 44 Lumber/Constr. Material Yard 17% 71 Parking Garage 17% 72 Paved Parking Lot 17% 110 Warehouse—Single Tenant 17% 111 Warehouse—Mufti Tenant 17% 115 Recreational Vehicle Storage 17% 116 Truck Terminal 17% 33 Church Buildings 20% 94 Department Store 23% 95 Discount Store 23% 96 Unattached Single Store 23% 97 Strip Store 23% 74 Recreational Vehicle Park 27% 36 Financial Buildings 27% 40 Health Club 29% 68 High Rise Office 30% 225 United States Post Office 35% 21 Automobile Dealership 41% 22 Auto Repair Shop 41% 23 Automotive Service 41% 24 Used Car Lot 41% 39 Golf Course 41% 57 Motorcycle/Small Vehicle Building 41% 83 Automotive Service Station 41% WSBS-BRH:pj:201660:0420N5 12 OCSDADS 42&07 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 84 Marine Service Station 41% 86 Combin.-Service Station/Convenience 41% 65 Single Office Bldgs. to 3 Stories 41% 66 Small Office Center 41% 67 Office Complex 41% 69 Converted Residence to OfFloe 41% 7 Mobile Home 50% 55 Mobile Home Park 50% 107 Light Industrial-Single Tenant 50% 108 Light Industrial-MultiTenant 50% 109 Research and Development 50% 114 Industrial Park 50% 37 Fraternal Buildings 51% 101 Unattached Theater 51% 26 Airport and Related Buildings 53% 45 Marinas 53% 88 Low Flow Shopping Center 53% 3 Two or More Residences 70% 10 Duplex Only 70% 11 Triplex Only 70% 12 04-Units Only 70% 13 5 to 16 Units 70% 14 17 to 25 Units 70% 15 26 to 40 Units Only 70% 16 41-99 Units Only 70% 17 100 or More Units 70% 18 Developed with a Mix of Forms 70% 63 Low Rise Retirement Building 70% 64 High Rise Retirement Building 70% 56 Motels 70% 81 Pre-Schools, Nursery or Care 82% 82 Private Schools 82% 98 Store with Offices or Living Quarter 82% 99 Store with Office Upstairs 82% 118 Governmental Use Vacant/Develop. 82% 19 SFR with 1or 2 rental units 85% 34 Dormitory 97% 42 Hospital 97% 43 Hotel 97% 0 Conversion-C/1, Rural PC 100% 2 One Residence 100% vrsss-sRH:og2cisso:o4rzoros 13 OCSo-nos4nsro7 TABLE B (CONTINUED) ANNUAL SEWER SERVICE CHARGES PROPERTY USE CLASSIFICATIONS FOR COMMERCIAL OR INDUSTRIAL USERS Percentage of SFR Assessor Use Code Description Per 1,000 SF or Unit 4 Miscellaneous Improvement 100% 85 Comb. Serv. Stn./Restaurant 100% 103 Chemical Tank and Bulk Storage 100% 104 Food Processing Plant 100% 105 Cold Storage Plant 100% 106 Factory 100% 119 Public Utility 100% 120 Water Mutual or Company 100% 888 Conversion-Composite Prop. 100% 32 Cemetery& Related Buildings 101% 38 Funeral Home 101% 60 Nursing Home 102% 61 Convalescent Hospitals 102% 62 Converted Res. Used as Nursing 102% 28 Bowling Alleys 112% 92 Skating Rinks 112% 50 Single Medical Bldgs. to 3 Stories 124% 51 Small Medical Center 124% 52 Medical Center Complex 124% 53 High Rise Medical 124% 54 Converted Residence to Medical 124% 89 Average Flow Shopping Center 139% 20 Amusement Parks 144% 35 Entertainment Center 144% 73 Recreation 144% 30 Coin Operated Car Wash 151% 47 Supermarket 151% 48 Convenience Market 151% 224 Nightclub 200% 90 High Flow Shopping Center 226% 76 Restaurant—Take Out 300% 77 Restaurant—Coffee Shop 600% 78 Restaurant—Dinner House 600% 79 Restaurant—Conversion from SF 600% 29 Conventional Car Wash 796% 223 Laundromat 1,800% NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above In order to determine the rate per 1,000 square feet for the commercial or Industrial user. w58S-BRH:pj:201660:0420/05 14 Ocspaps425ro7 ARTICLE III CAPITAL FACILITIES CAPACITY CHARGES Section 3.01. Purpose and Scone. The purpose of this Ordinance is to impose Capital Facilities Capacity Charges when properties, either newly- conned to the District's system, or expand the use of the property previously connected to the District. Revenues derived under the provisions of this Ordinance will be used for the acquisition, construction, and reconstruction of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal or state loans for the construction and reconstruction of said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 3.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of a District facility, such as financing, planning, designing, acquisition of the property or interests in the property, construction, reconstruction, rehabilitation, and repair. B. "Capital Facilities Capacity Charge" means a one-time, non- discriminatory charge imposed at the time a building or structure is newly connected to the District's system, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for District facilities in existence at the time the charge is imposed, or to pay for new facilities to be constructed in the future, that are of benefit to the property being charged. This charge does not apply to temporary facilities or operations that are regulated under the provisions of a Special Purpose Discharge Permit. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the District's system, including but not limited to, installation of meters, meter boxes, pipelines, and appurtenances to make the connection and which fee does not exceed the actual cost of labor, materials, and overhead for the installation of those facilities. D. "Non-discriminatory" means that the Capital Facilities Capacity Charge does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable public or non- public users, and is not in excess of the proportionate share of the cost of the District's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. E. "Public agency' means the United States or any of its agencies, the State or any of its agencies, the Regents of the University of California, a county, city, district, school district, local or regional public authority, or any other political entity, subdivision or public corporation of the State. WSSS-BRH:p1:201660:04)20105 15 OCSDADB 4,25M7 F. The Supplemental Capital Facilities Capacity Charge, as provided for in Sections 3.07, 3.08, 3.09, and 3.10 of this Ordinance, is an annual charge payable to the District on a quarterly or annual basis, as determined by the District. Said charge is required to be paid by dischargers that exceed the maximum quantity of flow or constituents (BOD or SS) allowed as a base use for which the CFCC is paid. Section 3.03. Connection Permits: Required. A. Connection permits are required of each and every dwelling unit, and each commercial or industrial building, and structure connecting directly or indirectly to the District's sewerage system facilities. Included are the connections of laterals to local municipal sewerage facilities, and the connection of local municipal sewerage facilities and laterals to the District's facilities. Multiple detached structures on a single parcel of property shall each be required to obtain a connection permit. B. Except as authorized by the issuance of a Special Purpose Discharge Permit under Sections 305 — 305.6 of the District's Wastewater Discharge Regulations, or as authorized pursuant to a special extra territorial service agreement approved by the Board of Directors, no permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local sewering agency authorized to maintain public sewering facilities. However, a permit, as authorized above, may be issued for property to be served outside the boundaries of a local sewering agency if a local sewering agency makes application for the issuance of such permit. There will be a non-discriminatory Capital Facilities Capacity Charge assessed to public agencies for connecting directly or indirectly to the District's sewerage system facilities, and a connection permit must be obtained. Section 3.04. Capital Facilities Capacity Charge: Payment Required. No application for a permit for a connection of a structure to a District sewerage facility, or to any sewerage facility which discharges into a District sewerage facility, shall be approved, nor a permit issued, until a District Capital Facilities Capacity Charge is paid by the applicant, except as provided for discharges under a Special Purpose Discharge Permit. No connection permit shall be issued unless there is an established category of use of the property to be served or a valid building permit issued which establishes the category of use of said property. Section 3.05. Capital Facilities Capacity Charge: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the District's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the requirement of obtaining a permit. The payment of the Capital Facilities Capacity Charge for such exempt buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within WS&S-SRH:pi:201660:04/20/05 16 OCSD-ApB 4125/07 the territorial limits of the District, or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to connect to the District's system, the Board of Directors of District, in its sole and absolute discretion and upon a finding of compelling need, may, pursuant to the authority of California Health & Safety Code Section 5474, approve of an agreement with the property owner for the payment of the applicable connection charge in installments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum, and that the charges and interest shall constitute a lien on the property. Section 3.06. Capital Facilities Capacity Charge and Plan Check and Inspection Fees: Schedule of Amounts. A. Every person or entity connecting any new or expanded building or structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table C, below. B. Every person or entity connecting any new or expanded building or structure directly to the District's local or regional system facilities shall pay Plan Check and Inspection Fees in the amount set forth on Table D, below. VMS-9M:pi:zaieeo:04A?DW 17 ocso-AM&2M7 TABLE C CAPITAL FACILITIES CAPACITY CHARGES (CFCC) Use Category Rate Basis Base Charge Commercial — Industrial Per 1,000 square feet' Low Demand' Per 1,000 square feet $ 218.00' Average Demand' Per 1,000 square feet $1,357.00' High Demand' Per 1,000 square feet $3,222.00' Single Family Residential (SFR)5 ' % of Base Base Charge 5+ Bedrooms (Per Unit) 1.39 $6,278.00 4 Bedrooms (Per Unit) 1.19 $5,377.00 3 Bedrooms (Per Unit) 1.00 (Base) $4,517.00 2 Bedrooms (Per Unit) 0.81 $3,657.00 1 Bedroom (Per Unit) 0.62 $2,797.00 Multi-Family Residential (MFR)a ' % of Base Base Charge 4+ Bedrooms (Per Unit) 1.08 $4,880.00 3 Bedrooms (Per Unit) 0.89 $4,020.00 2 Bedrooms (Per Unit) 0.70 $3,160.00 1 Bedroom (Per Unit) 0.50 $2,258.00 Studio (Per Unit) 0.32 $1,450.00 Supplemental CFCC for Permit Users, includes 5% cost of funds. Flow, gallons per day $0.001392 BOD, pounds per day $0.781900 SS, pounds per day $0.095022 'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be 4 $4,517; and all calculations shall be on a 1,000 square foot,or portion thereof,basis. A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office of the Board Secretary of the District,and in the Building Department of each City within the District. 'Low Demand connections are the following categories of Users: Nurseries;Warehouses; Churches;Truck Terminals; RV Parks; the restroom, offices and areas related to the offices for Parking Structures. RV Storage Yards, Lumber/Construction Yards, Public Storage Buildings; and other dischargers whose flow is similar in volume to these listed categories. 'High Demand connections are the following categories of users: Restaurants, Supermarkets;Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or Food Court; Food Processing Facilities;Textile Manufacturers;and other dischargers whose flow is similar in volume to these listed categories. 'All other connections are Average demand users. 6Bedrooms include loft,office,bonus room or other additions,which could potentially be used as a bedroom. Bedroom additions are considered a change of use and a CFCC must be paid. 6MFR units consist of multiple units that receive one secured property tax bill such as apartments 'SFR—The rates for each size of SFR and MFR are established with a 3bedrcom SFR having a base of 1.0,and all others are a relative percentage higher or laver than 1.0,depending on size of unit,as noted. WSSS—BRH:p1201 r£0:0420N5 18 OCS66DB 42507 TABLE D PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS FEE Normal lateral installation to property line with clean out $500.00 Lateral Installation to existing manhole stub with clean out $500.00 Core drilling in to an existing manhole base - add $300.00 Installation of new manhole with stub over existing line $1,000.00 INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for plan check. If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before OCSD finals the sewer project. Section 3.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users and Special Purpose Dischargers — Definitions. A. A Significant Commercial — Industrial User ("SCIU") is any person or entity who discharges commercial or industrial process flow, but excluding domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS") greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit, as prescribed by Article 3 of the District's Wastewater Regulations, due to having federally or District regulated or significant discharges. B. A special purpose discharger ("SPD") is any person or entity who discharges to the sewer system wastewater or process flow in an amount greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of the District's Wastewater Regulations. C. An Existing SCIU or SPD is any SCIU or SPD connected and discharging to the District's system prior to January 1, 2000. D. A New SCIU or SPD is any user who connects and discharges to the District's system pursuant to a Waste Discharge Permit issued on or after January 1, 2000; or if previously connected and not an SCIU, as defined in Subparagraphs 3.07A and B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU or SPD. wSaS-BRH.pi:201M0 NQ0M5 19 OOSDADB 425107 E. The maximum discharge allowed to a user, for which a base Capital Facilities Capacity Charge is paid, as per Table C, above, is 25,000 gallons per day ("gpd"), or 150 pounds each of BOO and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subsection 3.07E shall be subject to the provisions of Sections 3.08 and 3.09 hereof. F. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the District as of January 1, 2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge data which the District determines is representative of the user's actual annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's solely because of the requirements to obtain a Waste Discharge Permit, pursuant to Section 3.07A above, shall have a minimum baseline established as follows: Flow — 25,000 gallons per day; BOD — 150 pounds per day; and SS — 150 pounds per day. The SCIU shall be authorized to discharge flow, and BOD, and SS up to the baseline amounts without payment of a Supplemental Capital Facilities Capacity Charge. G. Each Existing SPD shall have a baseline of 25,000 gpd The Existing SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a Supplemental Capital Facilities Capacity Charge. H. The Supplemental Capital Facilities Capacity Charge, as prescribed by Sections 3.08, 3.09, and 3.10 below, shall be payable commencing with the effective date of this Ordinance. I. Within two (2) years from the date of the District's written notice to the existing SCIU of its baseline amounts, the existing SCIU, as described in Section 3.07C, shall have a right to appeal the District's established baseline for the SCIU. The appeal shall be to the General Manager, or his designated representative, who shall have discretion, based upon extraordinary circumstances, wherein the established baseline is not representative of the historical average daily discharge by the SCIU for a yearly period, to modify the baseline amounts for the current year, or on a permanent basis, subject to terms and conditions as prescribed by the General Manager. The decision of the General Manager shall be final. Section 3.08. Supplemental Capital Facilities Capacity Charge: New Sign f cant Commercial — Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table C, for commercial — industrial use category properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge maximums, in the amount shown in Table E. Section 3.09. Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers. All New SPDs shall pay a Supplemental Capital Facilities Capacity Charge of$.001392 per gallon per day for each gallon of flow exceeding 25,000 gallons per day. Upon issue of permission to discharge, SPD with discharges above 25,000 gpd shall pay a nonrefundable Supplemental Capital Facilities Capacity Charge, prior to discharge, for one WS&S-BRH:pr201880:04r20/05 20 OCSDADB I/25107 million gallons above 25,000 gpd. The deposit will be credited by the District against future Supplemental Capital Facilities Capacity Charges. Section 3.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial — Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial — Industrial Users connected to and discharging to the District's system shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either(i) an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline authorization, whichever is lesser; or (ii) an increase of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section 3.10A above. TABLE E SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Daily Charge Flow Gallons Per Day $0.001392 BOD Pounds Per Day $0.781900 SS Pounds Per Day $0.095022 C. All Existing SPDs connected and discharging to the sewer shall be required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an increase of discharge flow over 25,000 gpd. The Supplemental Capital Facilities Capacity Charge shall be $ 0.001392 per gallon per day of discharge for each gallon above 25,000 gpd. D. The Supplemental Capital Facilities Capacity Charge shall be calculated on the basis of the average daily quantity of discharge in excess of the User's baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the District. Section 3.11. Capital Facilities Capacity Charge: Replacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C that would be for the prior category of use which was terminated and removed. w38S-BRH:p1:201650:04/20/05 21 OCSDADB 4/25/07 Section 3.12. Capital Facilities Capacity Charge: Remodeled Structures. In the case of existing structures connected to the District's system facilities, to which new construction or alteration is made to change or increase the category of use or number of bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Table C, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Table C for the prior category of use. Section 3.13. Payment of Capital Facilities Capacity Charge: Off- Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to off-site sewers which are not included as part of the District Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the District and the property owner, shall be paid in the amount provided for in said Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in said Agreement shall be the amount due, provided the original Agreement is still in force. The Non-Master Plan Capital Facilities Capacity Charge shall be in addition to the other Capital Facilities Capacity Charges provided for in Sections 3.06 through 3.10 hereinabove, established for property connecting to said facilities. Section 3.14. No Refund or Transfer. A Capital Facilities Capacity Charge is paid for the connection of a specific building or structure on a parcel of property. No refund of any charge shall be made because of non-use or change of use, or any other reason once the connection has been made. If the connection is not made and the request for connection is withdrawn within 12 months of the payment date, the charges paid will be refunded upon establishing proof from the City or County of a canceled permit. The connection permit is non-transferable to any other parcel of property. Section 3.15. Baseline Transferability. The baseline of allowed discharge of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall not be transferable, nor shall a credit for such previously existing baseline be provided to another SCIU concurrently or subsequently occupying the same property. Each such SCIU shall pay Supplemental Capital Facilities Capacity Charges in accordance with Section 3.08 above. Section 3.16 Capital Facilities Capacity Charge Annual Updates. The Capital Facilities Capacity Charge is based upon the most recently completed Capital Strategic Plan Update. This charge is updated annually based upon the increase in the Engineering News-Record construction cost index for Los Angeles as of December of the prior year until the completion of the next Strategic Plan Update. Section 3.17 Affordable Housing Projects Per Resolution 06-18, development projects that include lower income housing units shall not be denied approval of an application for service, nor shall conditions be imposed thereon or services reduced which are applied for, unless the District makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following: wsas-BRH:pi201660:0420ro5 22 OCSD.ADB 425/07 (a) insufficient water supply or insufficient water treatment or distribution capacity; (b) a State Department of Health Services order prohibiting new water connections; (c) insufficient sewer treatment or collection capacity; (d) a Regional Water Quality Control Board order prohibiting new sewer connections; (a)the applicant has failed to agree to reasonable terms and conditions ARTICLE IV MISCELLANEOUS CHARGES AND FEES RELATING TO INDUSTRIAL DISCHARGERS, SOURCE CONTROL PERMITTEES AND WASTEHAULERS Section 4.01. Purpose and Scope. The purpose of this Ordinance is to recover those costs incurred by the District (i) on account of industrial dischargers' and wastehaulers' use of the District's facilities; (ii) when administering the District's Source Control Program; and (iii) when performing non-compliance sampling of industrial wastewater dischargers who have violated the District's Wastewater Discharge Regulations or the terms and conditions of the discharger's permit. Revenues derived under the provisions of this Ordinance shall be used to defray the costs incurred by the District (i) on account of such use of the District's facilities; and (ii) in performing these tasks. Section 4.02. Administrative Fees and Charges Relating to Permittees. Administrative fees and charges relating to permittees are hereby established in the sum or sums as set forth in Table F, below. Section 4.03. Source Control Non-Compliance Fees. Source control non-compliance fees are hereby established for dischargers' non- compliance sampling and for self-monitoring and data reporting noncompliance, in the sum or sums as set forth in Table G, below. Section 4.04. Special Purpose Discharge Permittees; Charges for Use. As authorized by Sections 305.5 and 305.6 of the District's Wastewater Discharge Regulations, charges for use are hereby established for Special Purpose Discharge Permittees, as set forth in Table H, below Section 4.05. Class I and Class II Permittees — Charges for Use. As authorized by Sections 302.3, 302.6, 303.3 and 303.6 of the District's Wastewater Discharge Regulations, the charges for use are hereby established for Class I and Class II Permittees as set forth in Table H, below. Section 4.06. Wastehauler Charges for Use. As authorized by Sections 306.3 and 306.7 of the District's Wastewater Discharge Regulations , WSBS-BRH:pj:201660:0420M 23 OCSO-ADB QW7 the charges for use are hereby established for wastehaulers as set forth in Table I, below. Section 4.07. Administrative Appeals. A. Any user, permit applicant, or permittee affected by any decision, action, or determination by the District may, within forty-five (45) days of the date of mailing by the District of the initial invoice for fees imposed pursuant to this Ordinance, request that the District reconsider imposition of such fees. Following review of such a request, the District shall notify the user, permit applicant, or permittee by certified mail of the District's decision on the reconsideration request. B. Any user, permit applicant, or permittee adversely affected by the District's decision on the reconsideration request, may file an appeal in accordance with Sections 617 and 619 of the District's Wastewater Discharge Regulations. TABLE F ADMINISTRATIVE FEES AND CHARGES RELATING TO PERMITTEES Permit Fees Charges A. Class I Wastewater Discharge Permit $765.00/year B. Class II Wastewater Discharge Permit $170.00/year C. Special Purpose Discharge Initial Permit Issue $1,050.00/year Nonrefundable Deposit for First 1 Million As Defined in Gallons— New Permit Only Table H Special Purpose Discharge Permit Renewal $750.00/year D. Wastehauler Discharge Permit $190.00/year Wastehauler Fees Charges F. Permit Decal Initial Issue $25.00 G. Permit Decal Replacement $50.00 H. Entry Card Initial Issue $50.00 I. Entry Card Replacement $100.00 J. After Hours Discharge — Prearranged $102.00/event K. After Hours Discharge— Emergency $165.00.00/event Administrative/Processing Fees Charges L. District's Collection of Tax Data $100.00/permit M. District's Collection of Water Consumption Data $100.00/permit N. Appeal Hearing Filing Fee $400/appeal WSSS-BRH:pj:201660:0420/05 24 OCSD-ADB 4125/07 TABLE G INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cost of Processing and Sampling Following a Minor Violation $225.00/event Cost of Processing and Sampling Following a Major Violation $500.00/event Cost of Analysis Charge Heavy Metals: $35.00/each -Aluminum -Antimony -Arsenic - Cadmium - Chromium - Copper - Gold - Lead - Molybdenum - Nickel - Palladrum - Platinum - Selenium - Silver -Thallium - Zinc Mercury $78.00 601/602 $152.00 604 $223.00 606 $254.00 608 $523.00 610 $73.00 VMS-8RH:p1:2016W:04r.1=5 25 OCSD6ADB 42M7 TABLE G (CONTINUED) INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge 612 $200.00 624 $355.00 625 $661.00 Ammonia Analysis as Nitrogen $ 21.00 Biochemical Oxygen Demand (BOD) $ 44.00 BOD and Suspended Solids (SS)Analysis $ 67.00 Chemical Oxygen Demand $ 44.00 Conductivity $ 15.00 Cyanide (Amenable) $ 70.00 Dissolved Mineral Solids $ 15.00 Gamma Radiation Determination $115.00 Gross Alpha and Beta Determination $ WOO Tritium Determination $ 50.00 Oil & Grease (Hexane Soluble Matter) $ 74.00 Oil & Grease (Mineral Partition) $ 74.00 Total Organic Nitrogen $ 48.00 pH $ 8.00 Fluoride $ 51.00 Suspended Solids (Total) $ 23.00 Suspended Solids (Total and Volatile) $ 44.00 Total Dissolved Solids $ 14.00 Total Sulfides $ 29.00 SELF-MONITORING AND DATA REPORTING NONCOMPLIANCE Cost of Processing and Issuing Significant Non-Compliance Notification $165.00 Cost of Processing Annual SNC and Publication $260.00 VMS-8RH:p6201660:042D105 26 OCSDADB 425107 TABLE H CLASS I AND CLASS II PERMITTEES AND SPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE Class I and II Permit User FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 Flow(') $316.38 $577.30 $637.55 $700.03 $768.63 B.O.D. (") $216.13 $270.68 $288.50 $316,77 $347.81 S.S. ("') $207.35 $414.27 $432.14 $474,49 $520.99 Special Purpose Discharge Permit FY 2003-04 FY 2004-05 FY 2005-06 FY 2006-07 FY 2007-08 Flow(•) $316.38 $577.30 $637.55 $700.03 $768.63 (') Flow Per million gallons of Flow (") B.O.D. Per thousand pounds of Biochemical Oxygen Demand ("')S.S. Per thousand pounds of Suspended Solids All properties located within Revenue Area No. 14 pay no annual service fees. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District,the local agency providing the local sewer service. VMS-SRH:p):2016ee:OC2M 27 OCSDAM a2=7 TABLE WASTEHAULER CHARGES FOR USE Wastehauler Fees Charges Charge for Use—Waste originating $0.05/gallon of truck capacity -within Orange County; -within service area; and -within District Boundaries Charge for Use—Waste originating $0.12/gallon of truck capacity -within Orange County; -within service area; and outside District Boundaries Charge for Use— Waste originating $0.12/gallon of truck capacity -Outside Orange County; and within service area Waste hauled from a source that is not within the District's service area is prohibited unless authorized by the General Manager. Service area is defined as any area the District has an agreement to serve. ARTICLE V MISCELLANEOUS Section 5.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of the District's Wastewater Discharge Regulations for use of District's sewage facilities, including provisions for payment of charges or fees related thereto; District's ordinance establishing Fees Concerning Annexations of Territory to the District; and any other District Ordinances and Resolutions not in conflict herewith. Section 5.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. Section 5.03 Out of Area Sewer Service Agreements. The District is empowered to contract for the transport, treatment and disposal of wastewaters originating within areas outside of the District if it is in the best interest of the District to do so. These Out of Area Sewer Service Agreements will establish fees and charges relative to the services provided by the District for each individual agreement. M&S-BRH:pj:201660:04/20105 28 OCSPADS 4@5/07 The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: Section II. Severabiliri. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section III. Effective Date. This Ordinance shall take effect July 1, 2007. Section IV. Repeal. Ordinance No. OCSD-30B is hereby repealed. Section V. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held May 23, 2007. CHAIR, BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ATTEST: CLERK OF THE BOARD ORANGE COUNTY SANITATION DISTRICT BRADLEY R. HOGIN, GENERAL COUNSEL VMS-eRH:piz0isa0:0aa0ros 29 OCSD-ADs 4a=7 1 ADMINISTRATION COMMITTEE e D re Toad o AGENDA REPORT rn�owoi-z�s r�1b Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: FEES FOR PROPERTIES ANNEXING TO THE DISTRICT GENERAL MANAGER'S RECOMMENDATION Ordinance No. OCSD-33, An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Fees, Revised Procedures and Policies Concerning Annexation of Properties to the District and Repealing Ordinance No. OCSD-29: a. Motion to read Ordinance No. OCSD-33 by title only and waive reading of said entire ordinance. b. Motion to adopt Ordinance No. OCSD-33, An Ordinance of the Board of Directors of Orange County Sanitation District Adopting Fees, Revised Procedures and Policies Concerning Annexation of Properties to the District and Repealing Ordinance No. OCSD-29. SUMMARY • The current Ordinance governing annexations was adopted in 2004 and needs to be updated to include procedures for deferring annexation fees for large annexations until the time of a sewer connection to a public sewer. • A new Ordinance has been prepared that now includes a section regarding deferring payment of annexation fees. PRIOR COMMITTEE/BOARD ACTIONS The last Board action related to annexation fees was January 2004. ADDITIONAL INFORMATION The changes to the Ordinance are being requested to codify a procedure for the Orange County Sanitation District Board and staff where annexations may precede actual sewer connections. This procedure will require an action by the Board to defer annexation fee collection until a sewer connection is made for the property. FOM NO 1023 Rwro 0M1W Page 1 There are still a few unincorporated areas within the County of Orange, also not within the Sanitation District. These areas are all on septic tanks which are subject to failures; ' recently leading to numerous residents requesting connections to public sewers. The annexation process can cost over$8,000 and require 6 to 18 months to complete. Staff has been working with residents in these areas to minimize their costs and time associated with the conversion to a public sewer. The ability to process larger annexations prior to septic tank failures offers two benefits. The first benefit is a distribution of fixed administrative costs over a larger number of residents. This is estimated to save each resident about $4,000. The second benefit is that pre-annexation can allow immediate connection to public sewers at any time the property owner chooses. The difficulty in proceeding with large annexations has been the immediate cost to property owners for administrative annexation fees. This is especially true for residents not planning to connect to a public sewer, or who are too far from a public sewer to feasibly connect at this time. To date, the ability to delay these costs has reduced opposition in the areas annexing. This is because it balances the needs for residents in these areas wishing to immediately connect to a public sewer and residents that do not have an immediate need to replace their septic tanks. JDR:LT:mw Form No.ow1023 pwluG.oy M Page 2 ORDINANCE NO. OCSD-33 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING FEES, PROCEDURES, AND POLICIES CONCERNING ANNEXATIONS OF TERRITORY TO THE DISTRICT, AND REPEALING ORDINANCE NO. OGSD-29 WHEREAS, the Board of Directors of the Orange County Sanitation District ("District") has previously adopted Ordinance No. OCSD-29 adopting fees, procedures, and policies concerning annexations of territory to the District,which Ordinance is presently in full force and effect; and WHEREAS,for purposes of continued efficiency and effectiveness of the District's operations, preservation of the public health and safety, and in order to continue the provision of wastewater collection, treatment and disposal services, it is the intent, by adoption of this Ordinance, to continue said procedures and policies in effect, without interruption; and WHEREAS, the Board of Directors of the District has received a management report, including financial needs of the District, and wishes to reaffirm the policy of imposing annexation fees when new territory is annexed to the District, and to adopt findings supporting the amount of the fees adopted pursuant to this Ordinance. The Board of Directors of the Orange County Sanitation District does hereby FIND: A. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan— 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of District facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts; and B. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the Calffomia Constitution and Government Code Section 66016, and other provisions of law; and C. That the District, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999; and D. That the properties upon which the fees established by this Ordinance are levied, will, subsequent to payment of an additional Capital Facilities Capacity Charge, be allowed to discharge wastewater to the District's collection, treatment and disposal facilities; that the costs of operating and maintaining said facilities have constantly increased due in part to increased regulatory requirements to upgrade the treatment process; and that said costs will exceed the amounts of any ad valorem tax revenues derived from said property; and E. That the District will not receive any tax exchange from said annexed properties because of an agreement with the County of Orange under which there is no tax exchange for newly-annexed property; and F. That the annexation fees established here are an incident but not a condition of development, payable only on request to receive service by the property owner for the benefit of those persons on the property that use the service. The fees are not an incident of property ownership, nor are they a property-related service having a direct relationship to property ownership. Accordingly, the provisions of California Constitution Article XIIID are not applicable. G. That the annexation fees imposed by authority of this Ordinance do not exceed the estimated amount required to provide access to the sewer service for which the fee is levied, as provided in California Government Code Section 66013; and H. That the fees established by this Ordinance will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The collection of these annexation fees will not result in any specific project, and will not result in a direct physical change in the environment; and I. That the fees adopted by this Ordinance are established upon a rational basis between the fees charged each property that is annexing, and the service and facilities provided to each annexed property by the District, a portion of which is necessary to replace the loss of ad valorem property taxes to the State General Fund as a result of State legislative action on September 2, 1992, and in subsequent years; and J. That all fees and charges established herein have been approved by the District's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law; and K. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Ad from further environmental assessment pursuant to the provisions of California Public Resources Code Section 21080(b)(8), and 14 California Code of Regulations Section 15273(a). NOW,THEREFORE, the Board of Directors of Orange County Sanitation District, does hereby ORDAIN: Section 1:That the purpose of this Ordinance is to establish fees required to be paid by property owners for the annexation of property to the District. Said fees are in lieu of property taxes not allocated to the District while the property was outside of the District, and in lieu of future property tax allocations through a Tax Exchange Agreement. Revenues derived under the provisions of this Ordinance may be used for the ' acquisition, construction, and reconstruction of the wastewater collection, treatment and disposal facilities of the District; to repay principal and interest on debt instruments; or to repay federal or state loans issued for the construction and reconstruction for said sewerage facilities, together with costs of administration and provisions for necessary reserves. Section 2: That the proponents of any application for annexation of any territory to the District are requesting that the annexed property become a part of the District's jurisdiction, and that by doing so, they become entitled to receive the benefits of having access to the use of the extensive capital facilities system and to receive the District's service, and shall, as a condition to securing approval of the Board of Directors of the District to such annexation, agree to and comply with the following requirements: A. Payment of all administrative costs incurred by the District in processing the annexation. B. Payment of annexation acreage fees, as follows: Beginning January 1, 2004, the sum to be paid for annexation of territory to the District for which no tax exchange is negotiated between all affected agencies is hereby fixed: Consolidated Revenue Area Nos. 1-13: $4,235/acre Revenue Area No. 14: N/A C. The annexed territory shall be subject to the terms and conditions of all Ordinances and Resolutions pertaining to fees for connection to the District's facilities and use of said facilities, including but not limited to, industrial discharge permit fees, capital facilities capacity charges, and sewer service user fees. D. The annexed territory shall be annexed into an appropriate local sewering agency, or obtain the written approval of the designated local sewering agency, such as a city, for the purpose of obtaining access to and use of the local sewer system, including pumping stations and force mains, which connects to the District's facilities and system. E. The territory, upon annexation, shall be subject to all ad valorem taxes required for the retirement of the existing and future bonds of the District, and all other applicable ad valorem taxes of the District. F. In the case of territory outside of the District's adopted sphere of influence that is provided service pursuant to District Resolution 99-05, Section 2 (as the same may be amended from time to time), the following areas shall not be subject to fees equivalent to annexation fees: • That portion of land that is subject to a permanent easement for open space preserve or dedication for open space preserve. This exception shall not apply to areas that are internal to developments. Portions of property to be used for public and private parks intended for recreation purposes shall be subject to the fees. Individual open space areas that are surrounded or substantially surrounded by development shall be subject to the fees, • Land that is designated for use as a golf course, except that all portions of golf course land which are utilized for access road, parking, and clubhouse shall be included. • Land designated for use as a flood control or water quality basin. If the use of any portion of territory previously exempted from payment of the fees hereunder is changed to a non-exempt use, the then-owner of that portion of the territory shall pay the fees equivalent to annexation fees at the amount then in effect for that portion of the territory that is no longer exempt. Section 3: The General Manager is hereby authorized and directed to establish procedures and fees for processing annexation of territory to the District. Said procedures may include provisions for collection by the District of fees charged by other local and state agencies involved in the annexation process for submittal to said agencies by the District on behalf of the annexation proponent. The District's Staff is hereby directed to provide the proponents of any proposed annexation a copy of procedures and fee schedules established pursuant to the authority of this Section. Not withstanding the foregoing, upon application of any property owner seeking permission to connect to the District's system, the District Board of Directors may defer payment of the applicable annexation fees until such time as the applicant actually connects to the District's system. Section 4: That the Staff be directed to transmit to the Orange County Local Agency Formation Commission a certified copy of this Ordinance. Section 5: If any of the provisions of this Ordinance, or the application to any persons or circumstance are held invalid by order of Court,the remainder of this Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. Section 6: That the provisions of this Ordinance shall become effective thirty (30) days after adoption and shall apply to all annexations to the District on or after said date. Section 7: That Ordinance No. OCSD-29 is repealed effective upon the effective date of this Ordinance. Section 8: That the Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. v PASSED AND ADOPTED by the affirmative vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a regular meeting held May 23, 2007. Chair, Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District BRADLEY R. HOGIN GENERAL COUNSEL BOARD OF DIRECTORS Meegng Date To so.of Dir. 05/23/07 AGENDA REPORT Ibyn Numbe I4Y Numbe v Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: INCLUDING ANNUAL SANITARY SEWER SERVICE CHARGES ON THE 2007-08 PROPERTY TAX BILL GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. OCSD 07-09, directing the County Tax Collector-Treasurer to include sanitary sewer service charges on the 2007-08 property tax bill. SUMMARY Section 5473 of the California Health & Safety Code provides that sanitary sewer service charges may be collected as a separate line item on the annual property tax bill. The District has utilized this method of fee collection since the inception of these fees. The two principal benefits of this collection method are that the District does not need to develop or fund a utility billing division, and that failure to pay these fees results in a lien against the property, so all fees are ultimately received. The Code requires a new Resolution from the District directing the County Tax Collector to collect these fees every time the rates change. The rates for FY 2007-08 are scheduled to be adopted at this May Board meeting by approval of Ordinance No. OCSD-32. The County Tax Collector-Treasurer charges us for a copy of the database, updates, and for minor programming. The County Auditor charges us, via deduction from fees collected, for the actual collection expenses. Annual collections costs are 0.3 percent of the total sewer service fee, or approximately $400,000. PRIOR COMMITTEE/BOARD ACTIONS Resolution No. OCSD 06-13B directing the county tax collector to include the sewer service fees for FY 2006-07 was adopted at the regular adjourned meeting held May 24, 2006. R'EegNpspa�d/peMa Rq S, 07& dfpa R[p .ZW711mn 17 PTT-611107 Es RMW vmse Page 1 Ordinance No. OCSD- 30B containing the sewer service fee rates for the FY 2006-07 ' fiscal year was adopted at the May 24, 2006 meeting. ADDITIONAL INFORMATION None. ATTACHMENTS 1. Resolution No. OCSD 07-XX JDR:LT:MW:AB:lc H:Wetlgwn4 dfpe RepwlSt 7B MPge Rg WWntm 17 P, Ta ,U 07.Cx Revised PR09B Page 2 RESOLUTION NO. OCSD 07-09 DIRECTING THE COUNTY TAX COLLECTOR TO COLLECT SANITARY SEWER SERVICE CHARGES ON PROPERTY TAX BILLS A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT DIRECTING THE COUNTY TAX COLLECTOR TO INCLUDE SANITARY SEWER SERVICE CHARGES ON FISCAL YEAR 2007-08 PROPERTY TAX BILLS AND REPEALING RESOLUTION NO. OCSD 06-13B The Board of Directors of the Orange County Sanitation District does hereby find: A. By adoption of Ordinance No. OCSD-32, the Board of Directors elected to adopt, impose, and collect rates and charges for sanitary sewer services and facilities provided by the District and established procedures related thereto. The sanitary sewer service charges were set by Ordinance No OCSD-32. B. California Health & Safety Code Section 5473 provides that such charges, as adopted by District Ordinance, may be collected on the County tax roll in the same manner, by the same persons, and at the same time as, together with, and not separate from, its general taxes. C. As part of the budget preparation process, the District's Management has prepared financial and engineering reports, setting forth financial projections for providing the wastewater collection, treatment, and disposal services and facilities to the District's service areas for Fiscal Year 2007-08. The charges established by Ordinance No. OCSD-30B reflect an allocation of the costs of operation and maintenance, such that the charges do not exceed the estimated reasonable costs to provide the wastewater collection, treatment, and disposal services and facilities, and the revenues received are not used for any other purpose. D. Pursuant to California Constitution Article XIIID (Proposition 218), as of July 1, 1997, sanitary sewer service charges may be deemed to be charges for property- related services. The sanitary sewer service charges set by Ordinance No. OCSD-32 comply with the provisions of Article XIIID, in that they do not exceed the cost to the District to provide the service and facilities. The charges are imposed exclusively to finance the capital costs, maintenance, and operating expenses of the District's sewer facilities. NOW, THEREFORE,the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: That the rates and charges set forth in Ordinance No. OCSD-32 are affirmed herein by the Board of Directors, as consistent with the findings hereinabove stated, for Fiscal Year 2007-08, in the following amounts: 1 Annual Sanitary Sewer Service User Fees ' Residential Users Fiscal Year 2007-08 SFR $182.00 MFR $127.40 SFR = Single Family Residential MFR=Multi-Family Residential All properties located within Revenue Area 14 pay no annual service fees. District costs relating to providing service to these properties are billed by OCSD directly to the Irvine Ranch Water District, the local agency providing the local sewer service. Section 2: That pursuant to California Health & Safety Code Section 5473, the County Tax Collector is hereby ordered and directed to include sanitary sewer service charges, as adopted by Ordinance No. OCSD-32, in the same manner, by the same persons and at the same time as, together with, and not separately from, the general taxes; and that such sanitary sewer service charges be included in the annual property tax bills for Fiscal Year 2007-08. Section 3: That pursuant to California Health & Safety Code Section 5473, this Resolution shall remain in full force and effect until amended or repealed, or until such time as the rates of sanitary sewer service charges, as established by Ordinance No. OCSD-26, are changed by increasing the annual rate. Section 4: That the General Manager, or his designee, be, and is hereby authorized and directed, to execute any necessary documents or agreements to effect the order set forth in Section 2 herein. Section 6: That Resolution No. OCSD 06-13B is hereby repealed. PASSED AND ADOPTED at a regular meeting held May 23, 2007. Chair ATTEST: Clerk of the Board 2 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) i Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and Agenda for the Regular Board Meeting of Orange County Sanitation District to be held on d 3 2007, was duly posted for public inspection in the main lobby of the Districts' offices on / 7 , 2007. xb IN WITNESS WHEREOF, I have hereunto set my hand this /� day of 2007. Penny M. Kyl , Clerk 6f the Board Board of Directors Orange County Sanitation District HADEFTGM01160\16 I MVORMSIAGENDA CERTIFICATION.DOC