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HomeMy WebLinkAboutMinutes 1980-12-23COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING December 23,1980 -4:00 p.m 10844 Ellis Avenue Fountain Valley,California Pursuant to the call of the Chairman,the Board of Directors of County Sanitation District No.1 of Orange County,California,met in a special meeting at the above hour and date,in the District’s Administrative Offices. The Chairman called the meeting to order at 4:00 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: Receive and file correspon dence re violation of District’s Industrial Waste Discharge Permit by Cherry Fasteners -Townsend Division of Textron,Inc Fred A.Harper,General Manager,J.Wayne Sylvester,Secretary,Ray E.Lewis and Rita Brown Thomas L.Woodruff,General Counsel,Edmund Buster,W.K.Kester and Art Nisson *************** Moved,seconded and duly carried: That the following correspondence re violation of District’s Industrial Waste Discharge Permit by Cherry Fasteners -Townsend Division of Textron,Inc.be,and are,hereby,received and ordered filed: -Letter dated December 4,1980,from General Counsel to Cherry Fasteners -Letter dated December 12,1980,from Cherry Fasteners -Townsend Division of Textron,Inc. -General Counsel’s status report,dated December 16,1980,re negotiations with Cherry Fasteners Review of status of negoti The General Manager reported that two meetings ations with Cherry Fasteners had been held with Cherry Fasteners’repre re Enforcement Compliance sentatives to negotiate an Enforcement Compliance Schedule Agreement Schedule Agreement (ECSA),as directed by the Board.A mutually acceptable ECSA was unable to be negotiated and Cherry Fasteners requested that they be allowed to present their case directly to the Board.The staff then outlined the status of the negotiations and reviewed the District’s staff proposal and the latest response from Cherry Fasteners. 12/23/80 District #1 The Chair then recognized Arthur Nisson,representing Cherry Fasteners,who addressed the Board regarding the position of his firmon the terms and conditions of the proposed ECSA.He also outlined why Cherry Fasteners had failed to comply with past ECSA’s with the District and stated that Cherry Fasteners had recently made considerable progress toward procurement of equipment and construction of facilities to allow compliance with District discharge requirements by May,1981. The Board then entered into a lengthy discussion,reviewing the history of Cherry Fasteners continuing noncompliance with the District’s Uniform Industrial Waste Ordinance adopted to implement regulations promulgated by the U.S. Environmental Protection Agency and the State Water ResourcesControl Board, and the fees and costs incurred to date pursuant thereto.The impact and legal ramifications of nonenforceme~t of the ordinance provisions on the industrial community and the District’s ability to meet its NPDES requirements were also reviewed. After further discussion it was the consensus that the District’s primary objectives are to obtain compliance by Cherry Fasteners and to recover District’s costs.In this regard,it was reiterated that since the matter had first come before the Board in October,Cherry Fasteners had made sub stantial progress toward construction of necessary facilities to enable compliance with the District’s regulations by May 19,1981. Authorizing Extension of Following further discussion by the Board ECSA with Cherry Fasteners -relative to provisions to be included in Townsend Division of Textron the Enforcement Compliance Schedule Agreement Inc.re compliance with (ECSA)in connection with violation of District Industrial Waste Discharge Industrial Waste Discharge Permit by Cherry Permit Conditons Fasteners -Townsend Division of Textron,Inc., it was moved,seconded and duly carried: That an extension of the December 27,1979,Enforcement Compliance Schedule Agreement (ECSA)with Cherry Fasteners -Townsend Division of Textron,Inc., from October 1,1980,to June 30,1981,and providing for the interjm dis charge limitations to be established at the 1976,level,be,and is hereby, authorized and approved subjectto the following conditions: (a)That payment in the amount of $15,000 for excess discharges and costs to the District prior to January 1,1981,be made by Cherry Fasteners prior to January 1,1981;and (b)That commencing with the first working day in January,1981, Cherry Fasteners shall,at their expense,establish a daily monitoring program (Sundays excepted)acceptable to the District and provide an independent laboratory analyses and submit reports thereon at regular intervals determined by the District;and, (c)That Cherry Fasteners shall submit progress reports~regarding construction of facilities to comply with District regula tions by June 30,1981,at regular intervals as determined by the District;and, -2— 12/23/80 ~District 1 d (d)That commencing in January,1981,monthly payment shall be made by Cherry Fasteners for any discharges in excess of the 1976 limits as shown on the monitoring and laboratory reports; and, FURTHER MOVED:That the District’s Chief Engineer be,and is hereby,authorized and directed to execute said ECSA extension in form approved by the General Counsel. Adjournment Moved,seconded 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 5:28 p.m.,December 23,1980. 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-