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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 - **************** 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. ______________________________ Following a brief discussion it was moved, seconded and duly carried: That the General Counsel’s report re viola ______________________________ 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 ..I ~ 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 —2— 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 -3-