HomeMy WebLinkAboutMinutes 1980-10-22COUNTY SANITATION DISTRICT NO.1
OF ORANGE COUNTY,CALIFORNIA
!VINUTES OF ADJOURNED REGULAR MEETING
October 22,1980 -4:30 p.m
10844 Ellis Avenue
Fountain Valley,California
Pursuant to adjournment of the regular meeting of October 8,1980,the Board
of Directors of County Sanitation District No.1 of Orange County,California met
in an adjourned regular meeting at the above hour and date at the Districts’
administrative offices.
The Chairman called the meeting to order at 4:30 p.m.The roll was called
and the Secretary reported a quorum present.
DIRECTORS PRESENT:James Sharp (Chairman),James Ward,
Philip Anthony and Elvin Hutchison
DIRECTORS ABSENT:None
STAFF MEMBERS PRESENT:
OThERS PRESENT:
Fred A.Harper,General ~‘änager,J.Wayne
Sylvester,Secretary,Rita Brown and Blake
Anderson
Thomas L.Woodruff,General Counsel,
William Kester,Harry~Yamamoto and i~wo.
.st.aff representatives~from.the City~of Santa
Ana -
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Receive and file report re
violation of Industrial Waste
Discharge Permit by Cherry
Fasteners -Townsend Division
of Textron,Inc
Discussion re violation of The Chair recognized Mr.William Kester of
Industrial Waste Discharge Cherry Fasteners who.responded to a question
Permit by Cherry Fasteners regarding clarification of the statement in
their letter dated October 20,1980,submitted
in accordance with the District’s cease and desist order issued in connection
with violation of permit limitations,claiming that changes at their facility
for control of metals was complete and that monitoring of their effluent had
taken place with first report indicating full compliance.Mr.Kester explained
the steps that had been taken and acknowledged that they were mostly house
keeping and that the initial test was probably not indicative of their ability
to comply with the limits until such time as a permanent installation is
completed.
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Following a brief discussion it was moved,
seconded and duly carried:
That the General Counsel’s report re viola
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tion of District Industrial Waste Discharge
Permit by Cherry Fasteners -Townsend
Division of Textron,Inc.,summarizing the history of the firm’s noncompliance
with permit conditions,be,and is hereby,received and ordered filed.
I
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10/22/80
District 1
The staff then briefly reviewed the history of Cherry Fasteners’noncompliance
with District’s regulations:
On July 1,1976,pursuant to the District’s Industrial Waste
Ordinance which became effective that date,a permit was issued
to Cherry Fasteners setting forth the discharge limitations which
were to become progressively morestringent on July 1,1978.Over
the course of the next two years,Cherry Fasteners was in continual
violation of the permit limitations.In February,1978,the
permittee advised the Districts that they would be able to meet the
July,1978,limits.However,in June of 1978,it was evident that
compliance would not be attained and,therefore,an Enforcement
Compliance Schedule Agreement was executed granting the permittee a
180-day time frame to comply with the new limitations.In October
of 1978,the compliance schedule was revised at the request of
Cherry Fasteners based on the fact that the District was led to
believe they had made some serious effort toward the development
of their onsite systems that would accomplish these ends,and
the continuing District effort to cooperate with industries through
out the County attempting to meet the requirements.In December
of 1979,it was again determined that Cherry Fasteners would not
be in compliance and a new Enforcement Compliance Schedule Agreement
was executed setting an absolute full compliance date of September
30,1980.During the ensuing eight months,the permittee repeatedly
assured the District,that they would be in compliance no later
than September 30th.However,following a meeting with Cherry
Fasteners on September 24th,it was learned that no effort had
been made on the part of the perinittee to meet the compliance
schedule and that it would be physically impossible to do so.
Therefore,on September 30th,in accordance with the provisions
of the Industrial Waste Ordinance,the General Manager issued a
cease and desist order to Cherry Fasteners re violations of the
permit limitations.
Staff further reported that samples of discharge from Cherry Fasteners on
October 7th and 8th analyzed by the District’s laboratory,indicate that their
discharge remains in violation,contrary to the claim of compliance in their
communication of October 20,1980.
The BoaTd then entered into a lengthy discussion concerning the pernittee’s
violation of permit conditions and,despite continued representations by
firm officials that compliance schedules would be met,their failure to do
so.Also discussed was the impact of nonenforcement of the ordinance provi
sions on the industrial community and the District’s ability to meet NPDES
requirements,charges provided by the ordinance for noncompliance and the
necessary actions to bring Cherry Fasteners into compliance with the regulations.
During the discussion,Mr.Kester stated that Cherry Fasteners now estimates
that they could comply with District requirements by May of 1981,but also
acknowledged that corporate approval for construction of facilities necessary
to enable compliance had not yet been obtained.
C
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10/22/80
tDistrict 1
Convene in executive At 5:23 p.m.the Board convened in executive
session session to consider possible litigation in
connection with violation of the Industrial
Waste Discharge Permit by Cherry Fasteners.
Reconvene in regular
session
At 5:56 p.m.the Board reconvened in regular
session.
Interim actions re violation
of District’s Industrial
Waste Discharge Permit by
Cherry Fasteners -Townsend
Division of Textron,Inc
The following interim actions relative to
the violation of the District’s Industrial
Waste Discharge Permit by Cherry Fasteners
Townsend Division of Textron,Inc.,were
moved,seconded and duly carried:
That further consideration of Cherry Fasteners1 violation of their Industrial
Waste Discharge Permit be continued to an adjourned meeting to be held on
November 26,1980,and that the staff be directed to work closely with Cherry
Fasteners during said period to develop a detailed plan and schedule for both
short-term and long-term corrective action to enable compliance with the
lndustrial Waste Ordinance for consideration bythe Board;and,
That Cherry.Fasteners be invoiced for the past-due noncompliance charges
pursuant to Ordinance provisions;and,
That staff conduct extensive testing to determine compliance with discharge
limitations and noncompliance charges,if any,from this date forward;and,
That the General Counsel be,and is hereby,directed to draft necessary
documents for possible legal action to enforce compliance with the District’s
regulations by Cherry Fasteners,to be considered at the adjourned meeting on
November 26th.
Adj ournment Moved,secoi~ded and duly carried:
That this meeting of the Board of Directors
of County Sanitation District No.1 be adjourned.The Chairman then declared
the meeting so adjourned at 6:59 p.m.,October 22,1980.
Chairman of the Board of Directors
County Sanitation District No.1
of Orange County,California
Secretary of the Board of Directors
County Sanitation District No.1
of Orange County,California
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