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
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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.
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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,
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~District 1
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(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
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