Loading...
HomeMy WebLinkAbout2002-08 DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, August 28, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was had on Wednesday, August 28, 2002 at 5 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Shirley McCracken, Chair Don Hughes Steve Anderson, Vice Chair Ryal Wheeler Pat McGuigan, Chairman, OMTS Committee Scott Baugh Russell Patterson, Chairman, PDC Committee Jan Vandersloot Brian Brady, Chairman, FAHR Committee Joey Racano Jim Silva, County Supervisor Larry Porter Randy Fuhrman Directors Absent: Norm Eckenrode, Past Board Chair STAFF PRESENT: Gary Streed, Acting General Manager and Director of Finance Bob Ghirelli, Director of Technical Services FILED David Ludwin, Director of Engineering IN THE OFFICE OF THE SECRETARY ORANGE COno*-�.WTATION DISTRICT Bob Colon, Director of Operations and Maintenance SEP 25 2002 Lisa Murphy, Communications Manager Jim Colston, Sr. Regulatory Specialist n P ti Sonja Wassgren, Public Information Specialist —J-- Jean Tappan, Committee Secretary (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS Dr. Jan Vandersloot thanked the Steering Committee and the Board for their July 17 decision. He asked that the public be kept apprised of the 30:30 Committee actions and that they be allowed to be involved. Larry Porter asked that the Steering Committee direct staff and the general manager to notify The Register that the problem is not just bacteria. Randy Fuhrman suggested that the mission statement be revised to include increasing wastewater reclamation. Joey Racano said that the District should not be doing its own studies because of the perception of impropriety. He also said that we should be working on eliminating endocrine disruptors. Minutes of the Steering Committee Page 2 August 28, 2002 (4) RECEIVE, FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the June 26, 2002 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Shirley McCracken reported that Steve Anderson, Brian Brady, Norm Eckenrode and Jim Silva attended the CASA conference in Monterey. They commented that the meetings were very informative. Chair McCracken reported that the GW RS JPA with the Orange County Water District appears to be moving forward and that agreement in principle has been reached. The schedule is to release the draft agreement on September 12 and the JCC will review it at its September 16 meeting. This Steering Committee will review it on September 25 and the District's standing committees and the Board will consider it at their October meetings. OCW D will also move it through their approval process at the same time. Chair McCracken recognized the contributions of former Chairs Jan Debay and Norm Eckenrode. Chair McCracken reported that Gary Streed is acting General Manager while Blake Anderson is on vacation. Mr. Anderson will return September 16. (6) REPORT OF THE GENERAL MANAGER A. Update on FOG Management Issues Bob Ghirelli reported that the County FOG (Fats, Oils, Grease)ordinance is being developed to deal with grease from restaurants. This ordinance is the result of an Orange County Grand Jury investigation. At this time the ordinance is only applicable to restaurants in the unincorporated area of Orange County. It will require that new restaurants have grease interrupters installed and that the inspectors from the Health Care Agency review the paperwork to ensure proper recordkeeping is being done. The ordinance will not have much of an impact on the Sanitation District, but we are funding in part a study that will result in a list of best management practices and best applied technology available. We have offered to field test some of the recommended equipment. The Committee members questioned Supervisor Silva about the possibility of contracting with the County Health Care Agency to have them perform the same type of oversight for the cities, as each city will be required to have a FOG management plan as well. Supervisor Silva indicated that the County should be the lead agency and would require a revenue stream to support the program. The role of the Sanitation District has yet to be determined. B. Grantsmanship: A DC Initiative Mr. Ghirelli also provided a briefing on the proposed plan to secure federal funding for secondary treatment facilities. In the past, there have been federal construction grants and special legislation to assist with the funding. However, in order to take advantage of these programs, we need to mount a concerted effort in Washington, working through our representative, ENS. A proposal has been received from ENS for short-term services to generate support with the legislators and their staff members, as well as support from the various associations. Questions and discussion followed by the directors, mostly expressing concern about the viability of undertaking these Minutes of the Steering Committee Page 3 August 28, 2002 efforts at this time of the year when Congress is pretty much in recess and the legislators are not in Washington. After discussion, Chair McCracken asked that staff share the directors concerns with the general manager and bring the issue back to the committee with more detailed information on what services will be provided for long- term efforts. At that time the Committee will decide whether to proceed with a second phase. C. Update on Ocean Permit Issues This discussion was moved to Closed Session. Gary Streed reported that the FAHR Committee meeting had been changed to September 18 to avoid any conflict with September 11 memorial events. The Employees Activity Committee, on behalf of the employees and at their own expense, will install a large flag pole and plaque at the front entrance at Plant 1 and a similar plaque will be installed near the flag pole at Plant 2. A short dedication ceremony will be held on September 11. (7) REPORT OF GENERAL COUNSEL General Counsel Woodruff announced a need for a closed session, pursuant to Government Code Section 54956.9(b)(1), has arisen since the publishing of the Agenda. The item was agendized for open session. The closed session is necessary and will discuss possible litigation in view of the District being advised earlier this date of a petition for adjudicatory hearing being filed by legal counsel for the Natural Resources Defense Fund, with the State of California,Water Resources Control Board. It was moved, seconded and approved to move Item 8.8. to closed session. Mr.Woodruff also described several changes that are being considered to Resolution No.OCSD 01-23, Establishing Rules of Procedure for the Conduct of Business of the District. These are minor clean-up items providing more definition on committee assignments, time limits for speaking, and conference and meeting attendance. After discussion, it was agreed that the only change was related to Director's assignments to the OMTS Committee. The revised resolution will be submitted to the Steering Committee and the Board in December. The Chair ordered that the closed session be taken out of order at this time. (13) CLOSED SESSION The Committee convened at 5:46 p.m. in Closed Session, pursuant to Government Code Section 54956.9(b)(1), to discuss possible litigation. At 6:16 p.m., the Committee reconvened in Regular Session. General Counsel advised that the Natural Resources Defense Council filed a Petition with the State Water Resources Control Board to review the decision and Order of the Regional Water Quality Control Board - Santa Ana Region, amending the District's NPDES Permit re disinfection and declorination. The Committee directed General Counsel and staff to monitor the Petition proceedings at the SW RCB, and to represent and defend the District's interests. Minutes of the Steering Committee Page 4 August 28,2002 (8) DISCUSSION ITEMS (Items A-D) A. Consider need for Ad Hoc Committee re Urban Runoff meeting in September Bob Ghirelli updated the committee on some of the activities that have taken place since the last meeting of the Ad Hoc Committee in February. The Committee thought that it was time for another meeting on September 26. Director Don Bankhead has been appointed chair of that committee. B. Update on 30:30 Action Plan (NPDES Permit Renewal) Bob Ghirelli and Jim Colston provided an update on staff activities since July 17 and described the permit renewal options that will be discussed with EPA and the Regional Water Quality Control Board in San Francisco tomorrow,August 29. The draft mission statement was reviewed and the Committee asked that a statement on water reclamation be included. Mr. Colston provided additional information on actions taken by the California Senate's Environmental Quality Committee on AB 1969. This bill was designed to grant an exemption to the District for mandatory minimum penalties during the transition period to secondary treatment. Monthly progress updates will be provided to the Steering Committee and the Board concerning the permit renewal. Bob Ooten reported on the results of disinfection and the increase in secondary treatment that has been brought on line. A monthly update report will be provided to the Steering Committee and the Board on these items. C. The Agenda Items scheduled to be reviewed by the Board's working committees in September were reviewed. D. The agenda items scheduled to be presented to the Board at tonight's meeting were reviewed. (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEOUENT MEETING There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. Minutes of the Steering Committee Page 5 August 28, 2002 (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, September 25, 2002 at 5 p.m. The next Board Meeting is scheduled for Wednesday, September 25, 2002 at 7 p.m. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:55 p.m. mitted by:: e Tappan Bring Committee Secretary crwm�C�mnu.w2vw zere wan Www STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Steering Committee meeting held on Wednesday, August 28, 2002, was duly posted for public inspection in the main lobby of the District's offices on Friday, August 23, 2002. IN WITNESS WHEREOF, I have hereunto set my hand this 28tth day of August, 2002. Penny Kyle, S cretary of ffq Board of Directors of Orange County Sanitation]District Posted: August 23 , 2002, By: Signature v Wgm rh mmyosti%fm ORANGE COUNTY SANITATION DISTRICT aa.11 ISEW sz-:<„azmss eete,e7 NOTICE OF MEETING z�e'eiz� OFTHE STEERING COMMITTEE n.enta CAMOt b.G JB,e ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, AUGUST 28, 2002 - 5 P.M. DISTRICT'S ADMINISTRATIVE OFFICE aat* 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 velreyC .erae NeMa Panes A regular meeting of the Steering Committee of the Board of Directors of Lt mammas �.,W,�, eaath Orange County Sanitation District will be held at the above location, date and Oe time. rianan.a Se,ve mb Seal Bex/, Stenron rucm wIs aert wee Linda arq m a.eaa arras olrt.lata r—Mesa Midw oty vh a WUMan 4y MN Banrll i To maintain"rid claw leadersh,p m wastewater end water resource management. STEERING COMMITTEE AND BOARD MEETING DATES FOR THE NEXT TWELVE MONTHS Wednesday, August 28, 2002 Wednesday, September 25, 2002 Wednesday, October 23, 2002 Wednesday, November 20, 2002* Wednesday, December 18, 2002* Wednesday, January 22, 2003 Wednesday, February 26, 2003 Wednesday, March 26, 2003 Wednesday, April 23, 2003 Wednesday, May 28, 2003 Wednesday, June 25, 2003 Wednesday, July 16, 2003* Wednesday, August 27, 2003 Wednesday, September 24, 2003 Wednesday, October 22, 2003 Wednesday, November 19, 2003* Wednesday, December 17, 2003* *Tentatively rescheduled from regular fourth Wednesday. STEERING COMMITTEE (1) . Roll Call: Meeting Date: August 28, 2002 Meeting Time: 5 p.m. _ Meeting Adjourned: Committee Members Shirley McCracken, Board Chair Steve Anderson, Board Vice Chair Russell Patterson, Chair, PDC Committee Pat McGuigan, Chair, OMTS Committee Brian Brady, Chair, FAHR Committee Jim Silva, Supervisor Norm Eckenrode, Past Board Chair Others Thomas L.Woodruff, General Counsel Don Hughes Staff Present Blake P. Anderson, General Manager............................... Bob Ghirelli, Director of Technical Services....................... David Ludwin, Director of Engineering .............................. Patrick Miles, Director of Information Technology.............. Robert Dolan, Director of Operations& Maintenance....... Gary Streed, Director of Finance....................................... Use Tomko, Director of Human Resources....................... Greg Mathews, Assistant to the General Manager............ Lisa Murphy, Communications Manager........................... Jean Tappan. Secretary.................................................... c: Lenora Crane AGENDA REGULAR MEETING OF THE STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, AUGUST 28, 2002 AT 5 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative Office not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda Rem are available for public inspection in the office of the Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Steering Committee for discussion and/or action, R will be done in compliance with Section 54954.2(b)as an emergency item or that there is a need to take immediate action which need came to the attention of the District subsequent to the posting of the agenda,or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. Ali current agendas and meeting minutes are also available via OCSD's Internet site located at www.ocsd.com. Upon entering OCSD's web site, please navigate to the Board of Directors section. (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY (3) PUBLIC COMMENTS All persons wishing to address the Steering Committee on specific agenda items or matters of general interest should do so at this time. As determined by the Chairman, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot action taken by the Committee except as authorized by Section 54954.2(b). -2- August 28, 2002 Agenda (4) APPROVE MINUTES OF PREVIOUS MEETING Approve draft minutes of the June 26, 2002 Steering Committee meeting. (5) REPORT OF COMMITTEE CHAIR (6) REPORT OF GENERAL MANAGER A. Update on FOG Management Issues B. Grantsmanship: A DC Initiative C. Update on Ocean Permit Issues (7) REPORT OF GENERAL COUNSEL A. Discuss proposed changes to Section L, Committees, of Res. No. OCSD 01-23, Establishing Rules of Procedure for the Conduct of Business of the District(copy attached) (8) DISCUSSION ITEMS (Items A-D) A. Consider need for Ad Hoc re Urban Runoff Committee meeting in September (Bob Ghirelli) B. Update on 30:30 Action Plan C. Review Agenda Items scheduled to be presented to Committees in September (Information item only) D. Review and consideration of Agenda Items for Board of Directors Meeting of August 28, 2002 (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (12) FUTURE MEETING DATES The next Steering Committee Meeting is scheduled for 5 p.m., Wednesday, September 25, 2002. -3- August 28, 2002 Agenda The next Board Meeting is scheduled for 7 p.m.,Wednesday, September 25, 2002. (13) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Steering Committee, the Chair may convene the Committee in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects,the minutes will reflect all required disclosures of information. A. Convene in closed session, if necessary B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (14) ADJOURNMENT it G:\ P.DTAVGENDP\STEEPING WMMIrtEE`aMUGb We AGENDADOC Notice to Committee Members: For any questions on the agenda or to place items on the agenda,Committee members should contact the Committee Chair or the Secretary ten(10)days in advance of the Committee meeting. Committee Chair: Norm Eckenrode (714)993-8261 (Placentia City Hall) Committee Staff Contact: Blake Anderson (714)593-7110 Secretary: Jean Tappan (714)593.7101 (714)962-0356(Fax) E-mail: ItaDDar OCSd.COrn DRAFT MINUTES OF STEERING COMMITTEE MEETING Wednesday, June 26, 2002 A meeting of the Steering Committee of the Orange County Sanitation District was - held on Wednesday,June 26, 2002 at 5 p.m., in the Districts Administrative Office. (1) The roll was called and a quorum declared present, as follows: STEERING COMMITTEE MEMBERS: OTHERS PRESENT: Directors Present: Thomas L. Woodruff, General Counsel Norm Eckenrode, Chair Don Hughes Shirley McCracken,Vice Chair Doug Korthof Pat McGuigan, Chairman,OMTS Committee Don Schultz Steve Anderson, PDC Committee Larry Porter Brian Brady, Chairman, FAHR Committee Randy Fuhrman Jim Silva, County Supervisor Joan Irvine Smith Stephanie Barger Directors Absent None STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Bob Ooten, Director of Operations and Maintenance Gary Streed, Director of Finance Lisa Murphy, Communications Manager Jean Tappan, Committee Secretary Mike Moore, ECM Manager (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS Doug Korthof, Don Schultz and Larry Porter expressed opposition against renewing the 301(h) modified permit. Mr. Schultz also congratulated Gary Streed, Director of Finance,for the recent award for the budget and asked that the District subsidize the environmental groups in a like amount given political lobbyists. Randy Fuhrnan asked that the directors continue their leadership role on the board to help them come together and move forward regardless of the vote on level of treatment. Joan Irvine Smith asked that staff consider seeking state money from Proposition 13 fund and the clean beaches program to assist with the secondary treatment money. Stephanie Barger stated that there is support for increased level of treatment and that residents are willing to pay for a clean ocean. Minutes of the Steering Committee Page 2 June 26, 2002 (4)- RECEIVE. FILE AND APPROVE MINUTES OF PREVIOUS MEETING The minutes of the May 22, 2002 Steering Committee meeting were approved as drafted. (5) REPORT OF THE COMMITTEE CHAIR Committee Chair Eckenrode reported announced the Fall CASA conference that will be held August 7-10, 2002 in Monterey, California. He also thanked the members for their support and leadership during the past two years. (6) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson reported on the following items: A. Update on Disinfection Project B. Update on EPA and RW QCB Action to Modify our Permit Items A and B were discussed together. The board has authorized studies and pre- purchase of some equipment and supplies to expedite the disinfection of the effluent. Staff is working with regulators to modify our discharge permit to include a chlorine residual limit, adding new marine species for acute toxicity testing, and changing the recreational standard to include all waters within the 3-mile state territorial limit. This permit modification will be heard by the Regional Board on July 19. It is believed that disinfection is the only way to address the issue of pathogen reduction quickly and effectively. Full secondary is not an alternative to disinfection and it will take 11 years to complete. Staff estimates that disinfection could be on line in mid-August. Opposition by some members of the environmental community is expected. C. Update on Biosolids Management Program Mike Moore reported on the activities at Fort Mojave on the Colorado River. Open air windrow composting is underway. Several of our old composters from the old Bee Canyon land fill site are being used and a leasing agreement is being considered for the longer tens. Blake Anderson reported that an idea has been proposed to the City of Irvine on building a green waste and biosolids composting facility on the El Toro site, assuming the city takes possession of that area. There are many advantages, including a revenue stream for the city. Director Pat McGuigan reported that the IW MD has formed a new biosolids committee and this would be an ideal issue for it to consider. The District would be willing to invest$30-40 million. NIMBY is the biggest concern. A meeting with Irvine is contemplated in August. D. Report of Director of Finance re Insurance Rates There are two items on the Board's agenda regarding insurance purchases. Gary Streed reported that because of the adverse market conditions for earthquake and liability insurance, he is recommending that earthquake insurance not be purchased for the next year and that liability insurance be purchased for an additional month while staff and consultants continue to negotiate better rates. Director Silva expressed concern about not have adequate coverage. The members of the Committee agreed that Director Brady would present the Committee's recommendations to the Board, which is to follow Mr. Streed's recommendations.. Minutes of the Steering Committee Page 3 June 26, 2002 E. Award of UV Supply Contract for GW RS to Trojan Technologies The award of the UV supply contract to Trojan is on tonight's Board agenda. This Item was previously reviewed by the Steering Committee and referred back to the GWRS JCC for discussion. This did not happen. Directors Anderson and Patterson were provided additional materials supporting the staff's decision to recommend awarding the contract. It appears the issue is 'buy American.' The general manager recommended that the award of the contract to Trojan move forward. After discussion, It was decided to pull the item from the agenda and refer it to the July 10, 2002 FAHR Committee for review with a recommendation to the Board at its July 17, 2002 meeting. Director Anderson presented an opinion letter from an attomey on behalf of Calgon Carbon for receiving and filing. It will be given to the FAHR Committee members at the July 10 meeting as well as the JCC members. F. Update on Maddox Bill Blake Anderson reported that the bill has passed through out of the Senate Environmental Quality Committee and is now with the Appropriations Committee. Because there are no state funds involved, it Is anticipated to pass on to the floor of the Senate. However, it was learned late this aftemoon that Maddox has included an amendment that adds a deadline of 2008 for implementation of secondary treatment. Because of the mandatory fine law,the Regional Board must fine us between$3000 and $10,000 per day for every day of noncompliance, which would total between $5.5 and 18.2 million dollars If compliance didn't happen until2013, which is the date our engineers advise is achievable. Mr. Anderson stated that we could not comply by 2008. It is preferable that the District be able to negotiate a reasonable compliance schedule with EPA and the Regional Board rather than having to comply with a state mandate with an unachievable schedule. (7) REPORT OF GENERAL COUNSEL General Counsel Tom Woodruff did not make a report. (8) DISCUSSION ITEMS (Items A-D) A. Consider placing the question of level of treatment as a Ballot Measure At the request of Director Anderson, General Counsel researched the issue and reported that this District has no legal authority by itself and cannot put anything on the ballot. However, it is possible to frame a question and present it to the Board of Supervisors asking that it be put on the ballot. But the timing in the case of the level of treatment is too late as the statutory deadline for the November ballot is August 8. The Steering Committee decided not to pursue the matter further. B. Provide advice and direction to staff on the format and conduct of the July 17 Board Meeting re Level of Treatment Decision Mr. Anderson outlined the tentative plans for the meeting, Including a 6 p.m.start time; limiting the total time for public comments to 45 minutes and at the beginning of the meeting. The Board Room will be set up to facilitate discussion by the directors. C. Review Agenda Items scheduled to be presented to Committees in July These were not reviewed. - Minutes of the Steering Committee Page 4 June 26, 2002 D. Review and consideration of Agenda Items for Board of Directors Meeting of June 26, 2002 Mr.Anderson described the logistics for tonighfs board meeting. The meeting will begin with a one-hour closed session. At 7:30 the public will be allowed into the Board room and the meeting will continue. The directors will determine how long each speaker may address the Board or the total time allowed for public comments. - (9) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There was no other business discussed. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND/OR STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS The next Steering Committee meeting is scheduled for Wednesday, July 17, 2002 at 5 p.m. The next Board Meeting is scheduled for Wednesday, July 17, 2002 at 6 p.m. (13) CLOSED SESSION There was no closed session. (14) ADJOURNMENT The Chair declared the meeting adjourned at 6:25 p.m. Submitted by: ZJe appan S ing Committee Secretary - c�..ya:ea��mmoene wmmmeoimu�moszzmscHmxos ao� RESOLUTION NO. OCSD 01-23 ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT FIXING AND ESTABLISHING RULES OF PROCEDURE FOR THE CONDUCT OF BUSINESS OF THE DISTRICT AND REPEALING RESOLUTION NO. OCSD 98-2 WHEREAS it is necessary to establish rules of procedure to facilitate the orderly handling of business to come before the Orange County Sanitation District Board of Directors and Standing, Steering, Special and Ad Hoc Committees. NOW THEREFORE, the Board of Directors of the Orange County Sanitation District ("District"), DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: Rules of Procedure. That the following rules of procedure be adopted for the conduct of business of the District: A. Regular Meetings. There shall be a regular monthly meeting of the Board of Directors of the District on the fourth Wednesday of every month at 7:00 p.m., in the Administrative Offices of the District, located at 10844 Ellis Avenue, Fountain Valley, California; provided, however, if the fourth Wednesday of the month falls upon a legal holiday, said monthly meeting shall be held on the next day thereafter, at the same time and place, unless the Board adjourns to a different date and time certain. The Board of Directors may adjourn any regular, special or adjourned special meeting to a time and place certain, as specked in the order of adjournment. B. Special Meetings. A special meeting of the Board of Directors may be called in either one of the following ways: (1) By the Chairperson of the Board of Directors; or (2) By the written request of a majority of the Steering Committee delivered to the Board Secretary. W685-TLW:pjo-2:11/2W01:#143852 1 The call or notice for special meeting shall be in writing and delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as specified in the notice. Any notice deposited in the regular mail addressed to a Director at the address he or she has on file with the Board Secretary postage prepaid, sixty (60) hours in advance of any such meeting as specified in the notice, shall be presumed to have been delivered. The call or notice shall specify the time and place of the special meeting, a description of the business to be transacted, and copies of all pertinent written materials. Such written notice may be dispensed with as to any Director or Alternate Director who, at or prior to the time the meeting convenes, files with the Board Secretary a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The Board Secretary shall diligently attempt to notify each Director personally of the time, place and purpose of said meeting, not less than twenty-four(24) hours before the time of said meeting. The call or notice shall be posted in the administrative offices' public lobby at least twenty-four (24) hours prior to the special meeting. C. Meetings Adioumed by Board Secretary. If at any regular, adjourned regular, special, or adjourned special meeting, there is not a quorum of Directors present, the Board Secretary may declare the meeting adjourned to a stated time and place and shall cause written notice of the adjournment to be given in the same manner as for a special meeting, unless such notice is waived as provided for in special meetings. Within twenty-four (24) hours after the time of the adjournment, a copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held. D. Notices to News Media. When any local newspaper of general circulation, radio or television station requests, in writing, notices of meetings of the Board of Directors, the Board Secretary shall thereafter, until receipt of a notice terminating said request, deliver notices of regular, regular adjourned, and special adjourned meetings to such newspapers, radio or television stations. Delivery shall be made in the same manner as delivery is made to the Directors. E. Conduct of Meetings. (1) Procedural Rules. The procedural rules for debate and action shall be as set forth in Table 1, attached hereto and adopted herein by reference. Robert's Rules of Order shall not be applicable or govern the procedures for the conduct of District business. WSBS-TLW:pj:D-2:1127/01:#143852 2 - (2) Legal Officer. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the presiding officer may direct such question for a ruling to the Board's General Counsel, who shall be the parliamentarian of the Board. (3) Obtaining the Floor and Making Motions. Any member of the Board wishing to speak, or any member of the public wishing to address the Board, must first be recognized by the Chairperson. The Chairperson must recognize any member of the Board who seeks the floor when appropriately entitled to address the Board. Any member of the Board, including the Chairperson, may bring a matter of business properly before the Board by making a motion. Any member, including the Chairperson, except the member making the motion, may second the motion. Once a motion is seconded, it may be opened for discussion and debate, in accordance with the procedures in Subsection (4) below. (4) Rules for Discussion. Debate, and Deliberation by the Board. The procedures for consideration and action on all matters to come before the Board shall be in compliance with the terms of this Section, as follows: (a) Each item on the Agenda will be introduced in a form of a report by either Staff or Counsel. (b) Upon completion of the report, the Chairperson will allow for direct questions regarding the item, by Directors, each in turn, and in the order as selected by the Chairperson. (c) Upon completion of the question period, the Chairperson will entertain a motion and second for consideration by the Board. (d) Discussion among the Directors will follow. Each Director will be recognized to address the Board in the order selected by the Chairperson, with a five (5) minute time limit for each Member wishing to speak on the Agenda item. There will be no interruptions of the Director who has been recognized. Attempted interruptions will be declared out-of-order, and the Board Member attempting to interrupt will be asked to remain silent until recognized. (a) As an additional courtesy to everyone, repetition of comments will be discouraged in the interest of time, and at the discretion of the Chairperson, can be declared out-of-order. (f) After each Member who wishes to speak has been recognized and completed his/her remarks, a single three (3) minute period of rebuttal will be allowed any Director, unless the time limit is waived by the Chairperson. WSBS-TLW:pI:0-2:11/27/01:#143852 3 - (g) If it appears to the Chairperson that any Director is pursuing a line of questioning or commentary due to lack of preparation or prior review with the District's Staff, the Directors time will be declared to have been used up, and no further inquiry will be allowed. (h) Upon adoption of a motion on an Agenda item, there will be no further discussion of that item. (5) Decorum in Debate. All Members shall address their remarks to the Chairperson and confine them to the business then pending and subject to discussion before the Board, avoiding personalities and reflections upon anyone's motives. (6) Closing or Limiting Debate. At all times the Board shall endeavor to allow free and open debate among Members of the Board. However, in the discretion of the Chairperson, it may become necessary to close or limit debate, so that action can be taken by the Board. An order by the Chairperson closing or limiting the debate can only be set aside by a majority vote of the Board. F. Quorum. A majority of the Directors shall constitute a quorum of the Board. G. Chairperson and Vice Chairperson of the Board. A Chairperson and Vice Chairperson of the Board shall be elected by a majority vote of Directors at the regular meeting in June of each year, and will assume office July 1st. The nominations for Chairperson shall be made at the regular Board meeting in May of each year, and the nominees may prepare a statement setting forth their qualifications for the office of Chairperson. The statements shall be mailed to members of the Board of Directors with the Agenda and other meeting material for the June regular meeting. The nominations and election for Vice Chairperson shall be made at the regular Board meeting in June of each year and shall be made immediately following the election of the Chairperson. The elected Vice Chairperson will assume office July 1 St. The Chairperson and Vice Chairperson shall serve at the pleasure of a majority of the Directors. In the event the office of Chairperson becomes vacant due to resignation or retirement of the incumbent prior to the expiration of the regular term, the Vice Chairperson shall automatically succeed to the office of the Chairperson and shall continue to serve through the remainder of the regular term unless sooner removed by action of a majority of the Directors. In the event the office of Vice Chairperson becomes vacant prior to the expiration of the regular term, nominations and the election of a Director to serve in that capacity shall be conducted at the next regular Board meeting. The person so elected shall serve the balance of the regularly-scheduled term unless sooner removed as a result of action by a majority of the Directors. wsas-TLw:pj:D-2:iirz7roi:#143852 4 Subject to the provisions about serving at the pleasure of a majority of the Directors, the Chairperson shall not serve more than two consecutive one-year terms for which he/she has been elected to the office of Chairperson. H. Presiding Officer. The Chairperson of the Board shall preside during meetings of the Directors. In the absence of the Chairperson, the Vice Chairperson shall preside. I. Board Secretary and Minutes. The Board of Directors shall have a person designated to serve as Board Secretary. The Board Secretary will be appointed to the position by the General Manager and shall report to the General Manager or a Department Head as designated by the General Manager. The Board Secretary will be a regular full time employee, subject to all the rules and policies applicable to all regular full time employees. The Board Secretary shall attend all meetings of the Board of Directors, unless excused by the Chairperson, and shall prepare an accurate record of each meeting for submission to the Directors and subsequent approval at the following meeting; provided, however, that when an adjourned, special or special adjourned meeting of the Board of Directors immediately precedes a regular meeting, Minutes of said meeting shall be submitted for approval at the next meeting of the Board following said regular meeting. In the preparation of Official Minutes of a meeting of the Board of Directors, the Board Secretary will not record the name of the Director who moves or who seconds the adoption of a motion or Resolution, except the vote of any individual Director shall be recorded upon that Director's request. The Minutes will reflect the votes by name of Director when required by provisions of state law. In the absence of the Board Secretary, a Secretary Pro Tern shall be appointed to exercise the duties of the Board Secretary. J. Regular Business to Come Before the Board of Directors. Insofar as practicable, all items of business to be taken up at a regular meeting of the Board shall be submitted to the Board Secretary, who shall include on the Agenda all such items submitted by Directors, the General Manager and General Counsel, and all formal communications. The Board Secretary shall mail to each Director a notice of such regular meetings, together with a proposed Agenda, not later than the Friday immediately preceding such regular meetings. Said Agenda, insofar as possible, shall include copies of Resolutions, except as hereafter provided, and a description of all matters to be considered, together with any pertinent written materials. Agendas shall be posted in a location freely accessible to the public not less than seventy-two (72) hours in advance of the meeting. wsss-n-wpl:o-z:7V27rob#143852 5 Resolutions designated as "standard" and adopted by the Board of Directors from time to time, and approved as to form and content, need not be included with said Agenda; provided, however, that the information completing said standard Resolutions shall be set forth on the Agenda listing, and copies of said standard Resolutions shall be on file with the Board Secretary at the meeting time and place. Items of business not known at the time the regular Agenda is mailed as herein provided, may be considered as supplemental Agenda items; provided that all requirements of the Ralph M. Brown Act (California Government Code Sections 54950 at seq.)are satisfied. No business, except with consent of two-thirds of the Directors present (a majority of Directors present for emergency actions), and only if permitted by the Ralph M. Brown Act, not appearing on the regular or supplemental Agendas may be brought before the Board of Directors. The meeting Agenda shall provide for an opportunity for members of the public to address the Board on items on the Agenda and non-Agenda items of public interest. As determined by the Chairperson, speakers may be deferred until the specific Agenda item is taken for discussion, and remarks may be limited to three (3) minutes. Speakers on non-Agenda items may address only items that are within the subject matter jurisdiction of the Board of Directors. Time allotted for such presentations is limited to three (3) minutes or less, in the discretion of the Chairperson. Total time allotted for all public input on each non-Agenda item is limited to thirty (30) minutes to one (1) hour, in the discretion of the Chairperson, taking into consideration the number of persons filing a request to address the Board. K. Handling of Business and Voting. During the course of a Board meeting, routine matters listed on the Agenda for consideration will be referred to by Agenda Item Number only. Voting on all Resolutions shall be by roll call, except if waived by unanimous voice vote, in which event, the Chairperson may order a unanimous ballot cast in favor of the motion or Resolution under discussion. The name of each Director shall be called only once. On matters of considerable interest or on which there appears to be a controversy, the motion or Resolution shall be read by title or repeated by the Chairperson. The Chairperson shall thereafter call for discussion of the motion or Resolution, at which time any member may discuss the pending matter. Any person other than a Director present at the meeting may speak on the motion if recognized by the Chairperson. Sole discretion as to the extent of discussion outside of the membership of the Board shall rest with the Chairperson. At the close of discussion, wsas-Tlw:pj:Dd:T1/2r/01:#143852 6 the Chairperson may, at the Chairperson's discretion, repeat the motion or Resolution pending, and thereafter, call for a vote. The Board Secretary shall determine and state whether or not a motion or Resolution is adopted by roll call vote. On all other matters, the Chairperson shall determine the outcome of the voting. L. Committees. (1) Standing Committees. (a) Steering Committee: There shall be a permanent Committee designated as the Steering Committee, comprised of the Chairperson of the Board, the Vice Chairperson of the Board, the immediate past Chairperson of the Board, the Chairperson of each of the Standing Committees and the Director from the County Board of Supervisors to assist in coordinating the flow of activities to the Committees and Board. The Committee shall also conduct an annual performance evaluation of the General Manager and submit recommendations on his/her compensation to the Board of Directors. The Committee shall also review the General Manager's evaluation and compensation of the executive management employees, based on established criteria, and executive management's goals and objectives for the following year. The Committee shall also be authorized to assign new subjects of significant importance to the District, to the respective Standing Committee for study, evaluation and recommendation. The Steering Committee shall meet on the fourth Wednesday of each month at 5:00 p.m. preceding the Board's meeting, or at the call of the Chairperson of the Board of Directors. (b) Finance. Administrative and Human Resources Committee. There shall be a permanent Finance, Administrative and Human Resources Committee to advise the Staff and make recommendations on matters related to the financial, budgeting, administrative and personnel policies and programs of the District. The Committee shall review with the Staff the procedures for development, preparation and format of the annual budget and recommend appropriate change, and counsel the Staff during the budget process to assure the proper interpretation and implementation of the Board's policies and that the desired procedures have been followed. WS&S-TLW:pjD-2A1127101:#143852 7 - The responsibility for consideration and adoption of the District budget rests with the Board of Directors. The Committee is responsible to periodically interview and recommend the selection of outside auditors. The Committee shall review the result of the annual audit of the District's accounts with representatives of the outside audit firm, including any comments received recommending improvements. The Committee shall review management's response to these comments and make appropriate recommendations for implementation. Periodically, the Committee shall recommend employment of an outside firm to audit internal control procedures to safeguard the assets of the District. The Committee shall interview and make recommendations on the employment of investment-banking firms, bond counsel, and if necessary or desired, financial advisors to be used in connection with the District's financing programs. The Committee shall periodically coordinate recommendations on personnel audits of the District's operations or segments of the operations on an as-needed basis. The Committee shall make recommendations on personnel policies and procedures, labor negotiations, insurers and coverage, procurement procedures, and such other related activities as may be needed or appropriate. The Chairperson and Vice Chairperson of the Finance, Administrative and Human Resources Committee shall be appointed by the Chairperson of the Board of Directors. The Finance, Administrative and Human Resources Committee shall meet on the second Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (c) Operations. Maintenance and Technical Services Committee. There shall be a permanent Committee designated the Operations, Maintenance and Technical Services Committee. With the goal of compliance with all public health and environmental laws and regulations, the Operations, Maintenance and Technical Services Committee shall review and submit appropriate recommendations on the matters pertaining to the operation of the District Treatment Works, including such matters as current and projected service/flow needs, level and quality of treatment, conservation, recycling and reuse activities, and air quality issues. WSBS-TLW:pI:D-2:11/27101:#143852 8 The Committee shall also review issues pertaining to the District's NPDES Ocean Ouffall Discharge Permit, including annual review of the contractor(s) performing the ocean monitoring and research programs required at a condition of said permit, and related issues regarding protection of the marine waters off metropolitan Orange County's coastline from impacts resulting from the District's operations and discharge of treated wastewater. The Committee shall also review matters pertaining to contractual arrangements by the District to provide sewerage services to areas outside the District's boundaries or approved spheres of influence. The Committee shall review plans for the future needs of the District, explore alternatives and make recommendations on solutions to the Planning, Design and Construction Committee. In carrying out its responsibilities, the Committee shall regularly study, visit and observe the various operational functions of the District Treatment Works. The Chairperson and Vice Chairperson of the Operations, Maintenance and Technical Services Committee shall be appointed by the Chairperson of the Board of Directors. Because of the special interest of the coastal communities in ocean issues, one representative of each member agency within the District's boundaries with coastal shoreline shall be a member of the Committee. The Operations, Maintenance and Technical Services Committee shall meet on the first Wednesday of each month at 5:00 p.m., or at the call of its Chairperson. (d) Planning. Design and Construction Committee. There shall be a permanent Committee designated the Planning, Design and Construction Committee. The Planning, Design and Construction Committee shall review and submit appropriate recommendations on matters pertaining to capital projects which address operational needs identified by the Operations, Maintenance and Technical Services Committee, including the selection of professional consulting services to assist in studying, planning and designing needed District Treatment Works and support facilities, including computerized systems, in accordance with the Board's established policies and procedures for procuring such services; the Committee shall further review construction projects for said facilities in accordance with applicable public works laws and Board policies. Said oversight shall include the contracts for professional services and public works construction projects and addenda or change orders thereto. In carrying out Its responsibilities, the Committee shall receive advance notice and regular status reports on the projects from Staff, and monitor, visit and observe the District Treatment Works' operational functions and major capital construction projects. WSBS-7LW:pj:D-2:1127101:#143852 9 The Chairperson and Vice Chairperson of the Planning, Design and Construction Committee shall be appointed by the Chairperson of the Board of Directors. The Planning, Design and Construction Committee shall meet on the first Thursday of each month at 5:00 p.m., or at the call of its Chairperson. (2) Special and Ad Hoc Committees. In addition to the Standing Committees, the Chairperson of the Board of Directors, or the Chairperson of a Standing Committee, or a majority of the Directors, may appoint, from time to time, Special or Ad Hoc Committees to study and report on specific matters. Such Committees shall be temporary in nature, and their assignments shall pertain to a current, speck issue. Upon completion of the assigned task, the Ad Hoc or Special Committee will be dissolved. The Chairperson and Vice Chairperson of Special and Ad Hoc Committees shall be appointed by the Chairperson of the appointing authority. Special or Ad Hoc Committees shall meet at the call of its Chairperson. M. Motion to Refer to a Standing Committee. Any Director at a Board meeting may move to have a policy or any other activity affecting the District, or any one of the member Agencies, referred to a Standing Committee for study and report. This motion shall be a privileged motion, and when duly seconded, discussion thereof shall be limited to Directors only. Said motion shall receive an affirmative vote of a majority of the Directors for adoption. Section 2: Procedure for Consideration of Demands for Corrective Action. A. Requirement of Written Demand. Prior to any person commencing a judicial action for injunction or mandamus to declare any action taken by the Board void because of failure to observe Brown Act requirements, such person must first serve upon the Board Secretary a written demand describing the alleged violation and demanding corrective action. Such demand must be served upon the Board Secretary within thirty (30) days of the complained of action. Failure to serve any such demand within this thirty (30) day period shall result in the loss of any right to challenge any action to have been taken in violation of Sections 54953, 54954.2, or 54956 of the California Government Code. B. Consideration of Corrective Action. Upon receipt of such a demand, consideration of the demand shall immediately be placed on the Agenda for the next meeting of the Board of Directors. If the demand is received less than seventy- two (72) hours prior to the time set for the next meeting, the Board may determine that the notice constitutes the initiation of litigation, and that the need to take action on the WSBS-TLW:pj:D-2:1 W7/01:#143852 10 th{featenediiti a4 th8t nl16hn gation afOSB SObSequent t0 the posting of the Agenda, and may consider it thl ! g pursuant f0 Section 1(J) above. A description of any item so Placed on e Agenda shall include both consideration of the demand, and the possibility of corrective action by the Board. In considering such demands, the Board shall first determine, by motion, whether corrective action should be taken. If no motion to take corrective action is carried, the Board Secretary shall inform the demanding party in writing of the Board's decision not to cure or correct the challenged action. C. Implementing Corrective Action. If a motion to take corrective action passes, the Chairperson may entertain a motion implementing corrective action. Any motion implementing corrective action shall address the concerns raised in the consideration of corrective action. The motion implementing corrective action may include a motion to rescind prior action taken, as appropriate. Passage of a motion to rescind invalidates prior action only as of the time of the passage of the motion, and not from the date of the initial action. A motion implementing corrective action resulting from a written demand is out-of-order if the action complained of (a) was in connection With the sale or issuance of notes, bonds, or other evidences of indebtedness, or any contract, agreement, or incident thereto; or(b) gave rise to a contractual obligation upon which a party has, in good faith, detrimentally relied. In any event, the Board shall notify the party making the demand in writing of its decision to take corrective action, and shall describe any corrective action taken. This notice shall be given to the demanding party as soon as possible after the meeting, but in no event more than thirty (30) days after receipt of the demand. Section 3: Resolution No. OCSD 98-2 is hereby repealed. Section 4: This Resolution shall become effective upon adoption. PASSED AND ADOPTED at a regular meeting held November 28, 2001. Chair 4' ATTEST: f .."„ Board Secretary wsas-TLw:pi:o-2:nmrot a143882 11 TABLE 1 BOARD PROCEDURES AND ORGANIZATION SUMMARY OF MOTIONS A. PRIVILEGED MOTIONS Kind of Second - Motion Required Debatable I Amendable Vote Required Purpose Adjourn Yes No No Majority To and the meeting To Take a Yes No No Majority To interrupt a Recess meeting for a short time or to provide an intermission Raise a No No No None To obtain action Question of immediately in an Privilege emergency B. MAIN MOTION AND RELATED SUBSIDIARY MOTIONS Klnd of Second Vote Required Motion Required Debatable Amendable Pu ose Main Motion Yes Yes Yes Majority To introduce new business Amend Main Yes Yes Yes Majority To modify or alter Motion a motion Substitute Yes Yes Yes Majority To replace the main Motion motion entirely Previous Yes No No Majority To close debate Question on the main or amended motion immediately Continue to a Yes Yes Yes Majority To defer action Certain Time To Table Yes No No Majority To discontinue consideration until brought back by vote of the Board Take a Motion Yes No No Majority To bring before the from the Table group a motion previously tabled WS&S-TLW:pj:D-2:1127/01:#143852 12 Limit or Yes No Yes Majority To limit or extend Extend Limits limits of debate of Debate Refer to Yes Yes Yes Majority To place business Committee in hands of a Committee Withdraw a No No No None To withdraw a _ Motion motion before it is voted on Reconsider Yes Yes No Majority. To secure a new Must be by a vote on a motion Director who previously voted voted for the upon prevailing side on the original notion C. INCIDENTAL RULES NON-RANKING Klnd of Second Vole Required Motion Required Debatable Amendable Purpose Request to Yea No No Two-Thuds To facilitate Suspend the business Rules ordinarily contrary to the riles of the organization Override Yes No No Majority To have Order of the Board Chair mejoritynile on the order Point of Order No No No None To enforce the nil"of the organization WSBS-TLW:PI:D-2:11127/01:#143852 13 STEERING COMMITTEE Meeting s-ze-ozDate To ad.of Dir. AGENDA REPORT Inr Ngber Ht NuflEel Orange County Sanitation District FROM: Robert Ghirelli, Director of Technical Services Originator: James Colston SUBJECT: MISSION STATEMENT AND NPDES PERMIT RENEWAL PROCESS GENERAL MANAGER'S RECOMMENDATION Information Item SUMMARY • On July 17'r, 2002, the District voted to expeditiously move to meet the full secondary treatment standard. This decision will impact all phases of the capitol improvement program; the operational strategy; and the NPDES permit renewal process. In response to this decision, staff has prepared a mission statement that describes the commitment to meet this significant change in policy on the level of treatment that will be employed. • Engineering will review the capital improvement program to move up the construction of secondary treatment facilities as soon as possible to satisfy both the direction of the Board of Directors and the requirements of the regulatory agencies. • Operations will optimize the treatment strategy at both facilities to provide as much secondary treatment as is achievable until additional facilities are completed to meet the secondary treatment standard. Research on Microfiltration will continue to assist in the development of the most appropriate engineering solutions to meet the secondary treatment standard. • Technical Services will continue to meet with the EPA and Regional Water Quality Control Board to devise an interim permitting strategy necessary to maintain compliance and limit the risk of regulatory compliance problems. PROJECTICONTRACT COST SUMMARY NIA BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) G W9dWUWMGENER OATAl580814 -NPDESOwP d4uwblm A0.Sle gC P .M.VAA21.) Page 1 ADDITIONAL INFORMATION The following Table is attached to assist the Board of Directors in reviewing options for an interim ocean discharge permitting strategy. These options are presented in greater detail in the attached NPDES Permitting Process Options discussion paper. These options will be discussed at the Steering Committee meeting. REVIEW OF INTERIM NPDES PERMITTING OPTIONS C C C 0 NPDES rn c c Q o 0 Permitting U. > - a Z Options (In Nr y m ° m E P Recommended •g Uc a E > o Order) Q) m o 0) aa)) a aa)) a€ oro woE cc m a a. rn mm ¢ WQ. U_ 0 W 0 < 1. Discretionary N N1 Y Y Y N Y Enforcement (Administrative Order 2. Amendment of N Y N Y Y N N CWA to Allow for Compliance Schedule 3. Litigation Y Y Y Y N N (Consent Decree 4. Letter of Intent N N Y N Y N Yo by EPA/RWQCB (Not Recommended) While not an absolute bar to litigation,discretionary enforcement bars citizen litigation if it rises to"diligent prosecution"by the regulatory agency. Under the Clean Water Act,NPDES permit holders are subject to administrative penalties of up to$12,000/day with a maximum of$157,500. These arc discretionary penalties;however,as discussed further the primary concern remains with Minimum Mandatory Penalties(MMPs). s Porter-Cologne would need to be amended to allow for a time schedule order beyond 5 years to avoid MMPS. "Under the Clean Water Act,NPDES permit holders are subject to discretionary penalties of up to$31,500 per day for violations of effluent limits. In the case of the City of Los Angeles and the County Sanitation Districts of Los Angeles County,they were issues penalties of a few hundred thousand dollars each in their consent decrees. They were also required to pay additional costs for litigation and other activities. r Does not provide protection from MMPs,discretionary enforcement(although the purpose of the letter is to agree on this particular point as to the nature of any penalties),or citizen suits. S A letter of intent would not provide any protection from MMPs. G:Np.C1aWWMENEML GATAt580880We NPDESOWWiu M..Swamtnl An_alagl g Re.Wea:saamz(m) Page 2 ALTERNATIVES N/A CEQA FINDINGS N/A ATTACHMENTS Attached to this Agenda Report is the July 17, 2002 Board Resolution to meet the Secondary Treatment Standard, the Mission Statement, and the NPDES Permit Options Paper. G W MabK2PGEN MTA�_NPOFSOpbvvW�t M_9e dM Page 3 Mission Statement: OCSD is committed to protecting public health, the environment and our community. We will expeditiously implement a technically-superior approach to achieving secondary standards by optimizing the existing facilities, and constructing new facilities. We will continue to competently operate and maintain our current wastewater treatment facilities, provide uninterrupted service to our customers, and maintain full compliance with all applicable federal and state regulations. OCSD further commits to continuing to work in a fiscally-responsible manner, maintaining open communications with all stakeholders in the community, and working cooperatively with other public agencies to address regional watershed issues. G.�Ex MiM56p0b]OtIL xr�ESUN Mm WSWem t M Sre MgO Page 5 NPDES Permitting Process Options for Full Secondary Treatment Discussion Paper July 11, 2002 Background: The Orange County Sanitation District currently discharges treated wastewater to the Pacific Ocean pursuant to an NPDES permit jointly issued by the Environmental Protection Agency, Region IX (EPA) and the Santa Ana Regional Water Quality Control Board (RWQCB). The permit is modified under section 301(h) of the Clean Water Act (CWA), a so-called "waiver" permit. Under this section of the CWA, the NPDES permit does not require OCSD to meet the technology-based secondary treatment standard'for publicly owned treatment works (POTWs). On July 17th, 2002, the OCSD Board of Directors voted to move to a higher level of treatment that is necessary to meet the secondary treatment standard. Once OCSD meets the standard, a waiver permit is no longer required to maintain compliance with the CWA. However, it is estimated that the construction of secondary treatment facilities will take up to 11 years to complete. During that time, it will be necessary for OCSD to negotiate a workable NPDES permit scheme with EPA and the RWQCB in order to operate in compliance with the law. Failure to comply with the law can result in substantial penalties. EPA and the RWQCB can assess penalties of up to $31,500 per day for violations of the CWA. In the State of California, the RWQCB must issue non-discretionary minimum mandatory penalties (MMPs)of$3,000 per day for certain violations of NPDES permits, including effluent limits for TSS and BOD. Under the CWA, citizens have legal standing to sue dischargers who violate the Act unless the appropriate regulatory authority is "diligently prosecuting" the violation a In total, failure to comply with the NPDES permit can result in substantial discretionary and mandatory penalties as well as penalties from citizen initiated litigation. Issues: 1. What legally defensible options does OCSD have for an interim permitting strategy as the agency moves from the current treatment strategy to full secondary treatment? 2. What are the advantages and disadvantages of these various options? Relevant Law Compliance with Federal Law and Regulations The CWA secondary treatment standard is found at section 301(b)(1)(B)of the CWA: 301(b) In order to carry out the objective of this Act there shall be achieved— 'Although considered a technology-based standard,secondary treatment for POTWs,as defined under 40 CFR 130, is measured by performance of a final effluent of30 mg/L of Biochemical Oxygen Demand(BOD)and Total Suspended Solids(TSS)with 85%removal of BOD from the influent. _ 'CWA Section 505(b),Citizen suits are bawd by an appropriate action for administrative penalties by the proper CWA authority. G. gAbYfMaUIGENEP DATAl590 NWC NPDESGptlwgmEA4avmalelgrenl AR Sle¢.O. Rp,l,pe:MM(�) Page 6 301(b)(1)(B) for publicly owned treatment works in existence on July 1, 1977 ... effluent limits based upon secondary treatment as defined by the Administrator pursuant to section 304 of this Act(d)(1)of this Act The CWA required compliance with the secondary treatment standard for POTWs by July 1, 1977. OCSD is exempt from this standard under its current NPDES permit. This permit will expire in June 2003, and under the CWA OCSD must submit its renewal application by December 2002. Unless OCSD seeks renewal of the permit with CWA §301(h) modification, the next NPDES permit will subject OCSD to immediate compliance with the secondary treatment standard. When these requirements were initially adopted, the EPA used Letters of Intent to use enforcement discretion to allow POTWs time to comply with the new standards. This approach fell out of favor with amendments to the CWA allowing for compliance schedules. Additionally, these letters do not prevent citizen suits from imposing liability upon dischargers. CWA§301(i)(1) allowed for compliance schedules for POTWs that could not meet the secondary treatment standard by the July 1, 1977 deadline. However, the statutory deadline for POTWs to apply for a compliance schedule to meet the secondary treatment standard passed in 1988. OCSD is not eligible to apply for a compliance schedule as an interim permitting solution. This is confirmed in an EPA memorandum regarding the Statutory Deadlines for Compliance by Publicly Owned Treatment Works under the Clean WaterAct, March 4, 1983. Section 21 of the 1981 Amendments does not amend the July 1, 1977, compliance deadlines for POTWs contained in §301(b)(1)(B)and §301(b)(1)(C). However, under §301(I)as amended, EPA and States with approved NPDES programs may extend this deadline in NPDES permits up to, but not beyond, July 1, 1988,for POTWs which satisfy the criteria in §301(1)and implementing regulations. Although permits for POTWs which do not qualify for§301(I) extensions must require immediate compliance, EPA and States may use their enforcement discretion to establish compliance schedules in the context of enforcement actions, such as administrative orders and judicial decrees [Emphasis added). CWA§309 provides for civil and administrative remedies for particular violations of the CWA including the secondary treatment standard. Potential remedies for violations can include time schedules, even for a violation of a final deadline. CWA§309(a)(5)(A) Any order issued under this subsection ... shall specify a time for compliance ... not to exceed a time the Administrator determines to be reasonable in the case of a violation of a final deadline,taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. This approach was used by the City of San Francisco as they moved to meet the secondary treatment standard. Although not operating under a 301(h)waiver permit, G MAIeW`bNGENFAAL MTA'VABBONIL_NPUf50W'nuaMNlt4aSlalo,ml_AP SImIMAcc Page 7 San Francisco was similarly situated to OCSD in the 1980s when they made the voluntary decision to upgrade their level of treatment. They operate with a deep ocean outfall approximately 4.5 miles from shore, and they are therefore subject to an NPDES permit issued by EPA. The EPA and San Francisco RWQCB issued them an NPDES permit requiring them to comply with the secondary treatment standard accompanied by an administrative order providing them with a schedule of compliance and interim permit limits. By contrast, the City of Los Angeles and the County Sanitation Districts of Los Angeles County (LACSD)were sued by EPA, RWQCB and citizens to require those agencies to comply with the standard. They had standard NPDES permits issued to them, and they negotiated consent decrees with the regulators and public interest groups. These consent decrees required them to pay penalties, comply with interim permit limits, meet construction milestones, and achieve compliance with final effluent limits based on the secondary treatment standard by a date certain. In summary, the EPA no longer has authority to issue compliance schedules within NPDES permits for compliance with the secondary treatment standard. However, EPA can issue an administrative order(under an enforcement action)to require compliance with the standard while achieving compliance with interim permit limits and construction milestones. If EPA and the RWQCB file suit against OCSD, a negotiated settlement resulting in a consent decree containing interim effluent limits and other requirements would be OCSD's goal. Compliance with California Law Recall that OCSD's NPDES permit is jointly issued by the EPA and RWQCB. The RWQCB has similar authority to fashion administrative and civil remedies as does EPA.9 The RWQCB can use a compliance schedule contained within an NPDES permit to allow a waste discharge sufficient time to achieve compliance with an effluent limit, but the effluent limit must be based upon a new water quality objective. Since the secondary treatment standard of the Clean Water Act was adopted prior to July 1, 1977, the RWQCB's compliance schedule authority has been interpreted by the RWQCB staff to exclude OCSD from using this provision of the Basin Plan to provide it time to meet the secondary treatment standard. Schedules of compliance can be included in permits for those effluent limits that implement new (adopted after July 1, 1977), revised pre-1977 or newly-interpreted water qualit�objectives, if explicit authorization for such schedules is included in the. Basin Plan. 0 The RWQCB does have the authority through enforcement mechanisms to provide for the establishment of interim effluent limits and milestones for a period of time until a See California Water Code Division 7,Chapter 5,Bo1'orcensent and Wplententation 10 Resolution No.00-27,Finding 7,Santa Ana Regional Water Quality Control Board G.x ft�WTAV`9098W1 NPDEaogbuugMwm3blem LM_Sln&,-0 :armor r u Page 8 waste discharge can comply with final effluent limits. The RWQCB can issue a time schedule order that would require OCSD to comply with interim effluent limits while constructing facilities necessary to meet the secondary treatment standard through Section 13300 of the Water Cade. Whenever a regional board finds that a discharge of waste is taking place or threatening to take place that violates or will violate requirements prescribed by the regional board, or the state board, or that the waste collection, treatment, or disposal facilities of a discharger are approaching capacity, the board may require the discharger to submit for approval of the board, with such modifications as it may deem necessary, a detailed time schedule of specific actions the discharger shall take in order to correct or prevent a violation of requirements. Under Section 13308 of the Water Code, the RWQCB can further stipulate penalties that will be imposed for failure to meet a time schedule order issued under that section. The State Water Resources Control Board (SWRCB) staff has indicated that this section of the Code may be appropriate to use in proposed amendments to the Water Code that OCSD has proposed to avoid minimum mandatory penalties prior to achieving the secondary treatment standard. In 1999 California law was changed to require minimum mandatory penalties for certain violations of effluent limits contained in NPDES permits including BOD and TSS". These are non-discretionary penalties that must be assessed in the amount of$3,000 per day depending on their frequency and severity." This section of the Water Code does allow for up to 5 years to comply with a time schedule order while avoiding MMPs; however, a change to this legislation would be necessary to avoid MMPs beyond the 5- year period. In order to address this concern. OCSD has sponsored a legislative amendment to allow OCSD up to 10 years to meet the secondary treatment standard while avoiding MMPs. Initially, the draft amendment avoided all civil and criminal penalties associated with meeting the secondary treatment standard as long as OCSD maintained compliance with interim limits. Unfortunately, the SWRCB staff objected to blanket immunity, and they insisted that the agency maintain discretionary enforcement while allowing OCSD to avoid MMPs for up to the 10-year period necessary to meet the secondary treatment standard. In summary, the CWA and Porter-Cologne Water Quality Act do not provide for the issuance on an NPDES permit to a POTW with a compliance schedule for compliance with the CWA secondary treatment standard; however, time schedules can be included in administrative orders issued by either the EPA or RWQCB. Litigation is also authorized under both legislative schemes. Under the litigation approach,the EPA and RWQCB would sue the district for non-compliance with the Clean Water Act secondary treatment standard upon issuance of the next permit. We would anticipate that tt See Water Code Section 133M)-(k) See Water Code Section 133M)-(i) G1 ddIW�E.E enl AR YllnnO.pF R W:a 20dn Page 9 environmental groups would likely attempt to intervene and participate in such an action. If OCSD and the regulators come to an agreement on the payment of a penalty and a schedule for compliance with interim limits and construction milestones, this agreement would be finalized in a consent decree subject to public review and judicial approval. The following is an outline of various permitting options eligible under the law and discretion of the regulatory authorities. Description of Alternatives The following are potential options for an interim permitting strategy: 1. Administrative Order issued by either or both of the EPA and RWQCB under their discretionary enforcement authority. The order would specify the same requirements as those listed under litigation. 2. Litigation resulting in a consent decree that would specify penalties, interim effluent limits, interim milestones for the construction of facilities, and final effluent limits (This was the approach used against the County Sanitation Districts of Los Angeles County and the City of Los Angeles) 3. Amend the Clean Water Act to reopen the window of opportunity to receive a compliance schedule until secondary treatment facilities are completed. 4. Letter of Intent by EPA and the RWQCB (to exercise enforcement discretion) such as the previously used Enforcement Compliance Schedule Letters (ECSLS)13. The Letter of Intent would also specify the same requirements as those listed under litigation. Within these options, there are strategies that could be used to help make one or more of these options more viable. They include: A. Amend the Porter-Cologne Water Quality Act to allow for up to 10 years to avoid minimum mandatory penalties under discretionary enforcement by the RWQCB. B. Apply to the EPA but not to the RWQCB for an NPDES permit to discharge. C. Continuation of the current 301(h) permit until the OCSD secondary facilities are completed and operational or until some interim time period (such as when there are only 5 years remaining until completion of the new facilities). This approach would still require the submission of an NPDES permit renewal application by December 2002. The Table found under "Additional Information" in the Agenda Report section briefly describes the advantages and disadvantages of these five options. See the National Municipal Policy and Strategyfor Construction Groats,NPDFS Permits,and Enforcement Under the Clean Water Act,USEPA Office of Water Enforcement,October 1979 and the memorandum to Regionai Admiaishaters from the USEPA Office of Enforcement regarding Enforcement Policy and the Use of Enforcement Compliance Schedule Letters(ESCLs)for POTWs,June 22, 1977. GMy.Ob451&QfEaEML WTAt580BBOTIL_NGaf5a4�mna�m1_OA.SIron9Eac Page 10 Summary The CWA and Porter-Cologne Water Quality Act limit OCSD's options in transitioning from the current waiver permit to a full secondary permit. The actions of the regulators as well as potential legislative amendments can have a significant influence on the final selection of a preferred strategy. Staff will continue to 1) meet with the regulators to develop an appropriate schedule to meet the secondary treatment standard while limiting potential OCSD liability; and 2)work on appropriate legislative amendments to reduce risk to the District and provide for the best permitting approach. taro wmwxower�nu wrnvwomwuc_Hvoeswiwe�Mmmw�i�s�,saac Page 11 ORANGE COUNTY SANITATION DISTRICT RESOLUTION 2002- RESOLUTION OF ORANGE COUNTY SANITATION DISTRICT(OCSD) ESTABLISHING THE POLICY FOR LEVEL OF TREATMENT OF WASTEWATER DISCHARGED INTO THE OCEAN BE IT RESOLVED by the OCSD Board of Directors that it is the district's policy to treat all wastewater discharges into the ocean to secondary treatment standards, thereby providing for continued public safety,marine ecosystem protection and water reclamation opportunities. To implement this policy,District Staff is directed to immediately proceed with the planning,design,and implementation of treatment methods that will allow the agency to meet Federal Clean Water Act secondary treatment standards;and BE IT FURTHER RESOLVED,by the OCSD Board of Directors that, in conjunction with the above actions,OCSD staff shall prepare and adopt a plan of work for facilities to meet secondary treatment standards,and submit the necessary documentation to EPA and the State of California,with the expressed purpose of eliminating a waiver under Section 301(h)of the Federal Clean Water Act BE IT FURTHER RESOLVED,by the OCSD Board of Directors that,in conjunction with the above actions,OCSD District Staff is directed to expeditiously negotiate permit terms and conditions that will accomplish the inter-related goals of achieving secondary treatment standards,eliminating the need for a Section 301(h)Clean Water Act permit,and minimizing the risk of enforcement liability during the transition period from the present effluent standards to secondary treatment standards. PASSED AND ADOPTED by the OCSD Board of Directors at a meeting held on the 17th day of July 2002. STEERING COMMITTEE Meeting Dare To Bd.of Dir. AGENDA REPORT Number `� " ""ff Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator: Jean Tappan, Committee Secretary SUBJECT: Agenda Items for Consideration by Working Committees in September GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for review by the Working Committees in September. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Committees in September: OMTS Committee: 1. Standardization and Procurement of Chesterton Mechanical Seals 2. SCCWRP Update 3. Ocean Discharge Permit Application Update PDC Committee: 1. Ratify Change Order No. 3 and approve Closeout Agreement for HVAC Equipment Replacement, Job No. J-80 2. Ratify Change Order No. 2 and approve Closeout Agreement for Clarifiers E & G Rehabilitation at Plant 2, Job No. P2-85-1 3. Ratify Change Order No. 11 and approve Closeout Agreement for Rehabilitation of Digesters 1-0 at Plant No. 2 4. Ratify Change Order No. 1 and approve Closeout Agreement for Ventilation Improvements of the Main Street Pump Station 5. Ratify Change Order No. 1 and approve Closeout Agreement for Purchasing Conference Room at Plant 1 6. Ratify Change Order No. 1 to Scrubber Monitor and Control at Plant No. 2, Job No. J-71-7 7. Approve budget amendment and Change Order No. 4 to Ocean Ouffall Flowmeter Replacement at Plant No. 2, Job No. J-66 8. Report on PCH Force Main Failures 9. Approve Professional Services Agreement for Replacement of Ellis Avenue Pump Station, Job 1-10 10. Authorize General Manager to negotiate Addendum No. 3 to PSA for Space Allocation and Interior Renovation, Job J-84 11. Approve budget amendment for Modifications to the Main Street Pump Station, Contract 7-7-2 12. Approve Addendum No. 5 to the PSA for Rehabilitation of Bushard Trunk Sewer, Job 1-2-4 13. Receive and file final report on Effluent Pathogen Reduction Alternative, Job No. J-40-6 14. Approve PSA for Long-term Bicsolids Master Plan, Job No. J-40-7 15. Authorize General Manager to enter into service agreement for Phase II Microfiltration Process Demonstration Alternative Technology to Achieve Secondary Treatment Standards for Ocean Discharge FAHR Committee: 1. Authorize COPS to reimburse CIP 2. 2002-03 Financial Plan Update 3. HR Policies & Procedures Update 4. Interim Audit Consultation 5. Purchases approved by the General Manager 6. Operational Report for Year End 2001-02 7. Meet-and-Confer Update 8. Safety Policies PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This Rem has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. cn,.nniavpeme�s,eenoa ca.,.neemzwuawezaoz�:,m nns m,se».wc Az.,sea: arzorse Page 2 ATTACHMENTS NA jt o'wm-aneaexe�mem�o cmmm�eenzuuN��uu a sns io,sea.,.aoc w�.�: Page 3 STEERING COMMITTEE Me;n o)ate Tosd.orur. 8 28/ 2 AGENDA REPORT Item Numbe Ian NUM1bPl Orange County Sanitation District FROM: Blake P. Anderson, General Manager Originator. Jean Tappan, Committee Secretary SUBJECT: August Agenda Items for Consideration by the Board GENERAL MANAGER'S RECOMMENDATION Review with staff the agenda items tentatively scheduled for consideration by the Board at its August 28, 2002 meeting. SUMMARY Staff routinely prepares for the Steering Committee a list of items scheduled for presentation to the Working Committees and the Board at their next monthly meetings. This allows the Steering Committee the opportunity to review these items early enough to make reassignments in the review or approval process. The following items are scheduled to be considered by the Board at its August 28 meeting: 1. Denson Annexation 2. Actions from the Steering Committee A. Receive and file Steering Committee minutes of the June 26, 2002 meeting B. Consider changes to Res. OCSD 01-23, Establishing Rules of Procedure for the Conduct of Business of the District re committee assignments 3. Actions from the OMTS Committee A. Receive and file OMTS Committee minutes of August 7, 2002 meeting B. Service Agreement with MEC Analytical Systems for Analysis of Benthic Infauna Samples C. Ratify Change Order 1 to Digester#5 Cleaning Services at Plant 1 project D. Approve Consulting Services Agreement with Brown and Caldwell for a Needs Assessment Study, O&M Manual E. Actions re Activated Sludge Aeration Basin Selector Study F. Approve Change Order 1 for Purchase of Anionic Polymer 4. Actions from the PDC Committee A. Receive and file PDC Committee minutes of August 2, 2002 meeting B. Ratify Change Order 4 to Replacement of Back Bay Trunk Sewer, Contract No. 5-46 C. Ratify change order to Air Compressor Upgrades at Plant No. 1 and accept contract as complete D. Accept Interplant Microwave Data Transmission Project as complete E. Accept Patio Area Upgrade at Plant 1 as complete F. Adopt Res. No. OCSD 02-17, approving an agreement with the State Energy Resources Conservation and Development Commission to conduct Effluent Pathogen Reduction Alternatives Plan G. Actions re Interim Strategic Plan Update H. Award a Professional Services Agreement for program management consultant services and establish FY 2002-03 budget 5. Actions from the FAHR Committee A. Receive and file FAHR Committee minutes of August 14, 2002 meeting B. Receive and file Treasurers Report for July 2002 C. Receive and file Quarterly Investment Management Program Report for the period April 1, 2002 through June 30, 2002 6. Actions from the GWRS Cooperative Committee A. Receive and file GWRS Cooperative Committee minutes of August 12, 2002 - meeting B. Approve plans and specifications for the Southeast Barrier Pipeline, and grant authority to the OCW D Board to award a contract not to exceed $3,000,000 and to approve change orders in an aggregate amount not to exceed 5% of the original contract PROJECT/CONTRACT COST SUMMARY N/A BUDGETIMPACT ❑ This item has been budgeted. (Line item: ) ❑ This item has been budgeted, but there are insufficient funds. ❑ This item has not been budgeted. ® Not applicable (information item) ADDITIONAL INFORMATION NA ALTERNATIVES NA CEQA FINDINGS Not a project. ATTACHMENTS NA G 11mera••a.vs,wnnv cam.n«bzw,poazeat�n a u+sia wa meravox A•„. W"S Page 2 Orange County Sanitation District (714) 962-2411 www.ocsd.com mailing address: P.O. Box 8127 Fountain Valley, California 92728-8127 street address: 10844 Ellis Avenue Fountain Valley, California 92708-7018 published an recycled paper co