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HomeMy WebLinkAbout04-10-2015 Steering Committee Minutes - SPECIALMINUTES OF THE STEERING COMMITTEE SPECIAL MEETING Orange County Sanitation District A Special Meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Beamish on Friday, April 10, 2015 at 9:31 a.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: Tom Beamish, Chair Greg Sebourn, Operations Committee Chair Keith Curry, Member-At-Large Steve Jones, Member-At-Large David Shawver, Member-At-Large COMMITTEE MEMBERS ABSENT: John Nielsen, Vice-Chair John Withers, Administration Committee Chair PUBLIC COMMENT: None. STAFF PRESENT Bob Ghirelli, Assistant General Manager Kelly A. Lore, Acting Clerk of the Board Jana Botzheim Jim Colston, Environmental Affairs Manager Mark Manso Al Garcia Ted Gerber Roya Sohanaki OTHERS PRESENT: Kathy Jenson, Rutan and Tucker, Independent Counsel to Steering Committee Melissa Thorme, Downey Brand Special Prosecutor for OCSD Matthew Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun Miller Shaun Miller, Klean Waters, General Manager Tim Miller, Klean Waters, General Manager Deborah Blanchet, Court Reporter, GolkowT&C Minutes of the SPECIAL Steering Committee Meeting April 10, 2015 Page 2 of 4 Introductions of the parties were made. Chair Beamish encouraged the Committee to give their undivided attention to all parties during deliberations; avoid sidebar discussions and use of electronic devices; keep an open mind until the presentations are completed; direct any questions of the attorney's through the Chair by raising of hand; and be mindful of the court reporter, so one person should speak at a time, and speak clearly. Ms. Jenson, Rutan and Tucker, Independent Counsel to Steering Committee, stated a correction to the Deliberation worksheet should be made as she misinterpreted that District's Exhibit No. 3 was submitted by the applicant, when it was actually prepared by the District. She also noted a typographical error on Page 3, in the chart, second column, the third entry down, the date 6/17/2014 should actually be 6/11/2014. Mr. Kaplan, Tucker Ellis LLP, Counsel for Klean Waters, Tim Miller and Shaun Miller, questioned the absence of Vice-Chair Nielsen. Chair Beamish stated that Vice-Chair Nielsen will no longer have any part in this process. Mr. Kaplan stated his objection as he feels this entire matter has to be decided by a single body. Ms. Thorme, Downey Brand, Special Prosecutor for OCSD, stated for the record the changes that she felt should be made to the Deliberation Worksheet, and address other emails that had transpired after the posting of the agenda. Mr. Kaplan objected to the worksheet and its introduction here, believing it violates due process, and objected further to Ms. Thorme's further argument. Chair Beamish stated that all the objections were noted but that the Steering Committee would base their decision on the evidence. Deliberations began amongst the committee. During deliberations, the following objections were made: • Mr. Kaplan objected to the participation and characterization of the officers. • Regarding Count 2 -Mr. Kaplan objected because the deliberations seem to be assuming that the fine is $5,000. He stated that it requires consideration of up to and factors that are statutorily defined, and he had not heard any discussion about those factors in setting a fine. • Regarding Count 2 -Ms. Thorme objected that there are things that need to be considered, including the health benefit, and she stated she provided the evidence on that as well, which should be considered. • Regarding Count 3 -Mr. Kaplan objected that deliberations are not address the issues. He stated that the question isn't the authority of the committee, Minutes of the SPECIAL Steering Committee Meeting April 10, 2015 Page 3of4 the question is the permit language. • Mr. Kaplan objected that before a written final decision has been adopted or voted on that he stated that his clients' due process has been repeatedly violated throughout this hearing, and that he believes that anyone on the committee who have heard about Klean Waters before this hearing should recuse themselves. • Ms. Thorme asked that due to the fact that the transcript was expedited, that changed be allowed to be made. • Mr. Kaplan objected to any changes being made to the transcript. The consensus of the Committee was as follows: 1. Count 1 -Denial of Inspection and Sampling was affirmed with a penalty of $35,000 for seven violations. 2. Count 2 -Failure to provide pretreatment was affirmed with a penalty of $455,000 for 91 days violated. 3. Count 3 -Acceptance of Waste from outside the District's Service Area was affirmed with a penalty of $160,000 for 32 days violated. 4. Klean Waters, Inc. was found liability. Tim Miller and Shaun Miller were not found personally liable. 5. Industrial Wastewater Discharge Permit No. 52-1-841 was affirmed revoked with each count. The written determination will be considered, delivered and adopted on Thursday, April 16, 2015 at 3:00 p.m. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. Minutes of the SPECIAL Steering Committee Meeting April 10, 2015 Page 4 of 4 ADJOURNMENT: The Chair declared the meeting adjourned at 10: 18 a.m. to a Special Steering Committee meeting to be held, April 16, 20 15 at 3:00 p.m. Submitted by: