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Home My WebLink About2007-04 Ops MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services Orange County Sanitation District Wednesday, April 4, 2007—5:00 P.M. A meeting of the Operations Committee of the Orange County Sanitation District was held on April 4, 2007, at 5:00 p.m. in the Sanitation District's Administrative Office. (1) ROLL CALL A quorum declared present, as follows: Operations Directors Present: Staff Present: Larry Crandall, Chair Bob Ghirelli, Assistant General Manager Cathy Green, Vice Chair Nick Arhontes, Dir. of Operations & Maintenance Steve Anderson Jim Herberg, Director of Engineering Don Bankhead Ed Torres, Director of Technical Services Leslie Daigle Lorenzo Tyner, Director of Finance and Patsy Marshall Administrative Services Roy Moore Lilia Kovac, Committee Secretary David Shawver Jim Bunor, Engineering Supervisor Harry Sidhu William Cassidy, Engineering Supervisor Constance Underhill Tod Haynes, Engineering Manager James M. Ferryman, Board Chair Matt Smith, Engineering Manager John Linder, Engineering Manager Operations Directors Absent: Mahin Talebi, Source Control Manager Charles Antos Tom Gaworski, Pr. Environmental Specialist Doug Davert, Board Vice Chair Others: Joe Forbath, General Counsel Norbert Gaia Juanita Skillman (2) APPOINTMENT OF CHAIR PRO TEM TTHH p ID�f�I(pEF p7H�CBp q� No appointment was necessary. ORAN E COUNTY SMIRATION DISTRICT (3) PUBLIC COMMENTS AP/R/125 2007 There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Crandall noted that the July meeting will be held on Thursday, July 12'. Minutes of the Operations Committee April 4, 2007 Page 2 (5) REPORT OF THE GENERAL MANAGER No report was given. (6) CONSENT CALENDAR ITEMS a. MOVED, SECONDED, AND DULY CARRIED:The minutes of the March 7, 2007 Operations Committee meeting were approved. b. OP07-26 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to(1) Ratify Change Order No. 5 to Ellis and Bushard Intersection, Contract No. 1-2.4A, with Mike Bubalo Construction, Inc., authorizing an addition of$108,026, Increasing the total contract amount to $11,231,081.70; and (2)Approve a 1.65% construction contingency($184,660). C. OP07-27 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: (1) Ratify Change Order No. 1 to Rehabilitation of the Activated Sludge Plant at Plant No. 2, Job No. P2-74,with J F Shea, authorizing an addition of$233,803, which Includes a $200,000 bonus for lowered power consumption, increasing the total contract amount to $10,121,784; and, (2)Approve an 8% construction contingency ($791,038). Director Sidhu abstained. d. OP07-28 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: (1) Ratify Change Order No. 3 for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc., authorizing an addition of$175,784, increasing the total contract amount to$32,554,405; and, (2)Approve a 7% contingency($2,253,510). e. OP07-29 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: (1)Approve Amendment No. 1 to the Professional Services Agreement with Black&Veatch Corporation for additional engineering services for Newport Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer, Contract No. 5-58,for an additional amount of$120,082, increasing the total contract amount not to exceed $1,138,989; (2)Approve a 4.0% Contingency ($45,560); and, Minutes of the Operations Committee April 4, 2007 Page 3 (3)Authorize staff to commence negotiations with Black &Veatch Corporation for support services dudng the construction, commissioning, and closeout phases of Contract No. 5-58. I. OP07-30 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to(1)Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech, Inc. providing for additional construction management services for Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, for an additional amount of$120,525, Increasing the contract total amount not to exceed $2.651,811; and, (2)Approve a 12% contingency($318,217). Director Sidhu abstained. g. OP07-31 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to (1)Approve Plans and Spedfications for Truck Wash and Dewatering Beds at Plant No. 1,Job No. P1-106; (2) Approve Addendum Nos. 1 and 2 to the plans and specifications; (3) Receive and file bid tabulation and recommendation; (4) Award a construction contract to Adams Mallory Construction Co., Inc. for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106, for a total amount not to exceed $1,887,721; and, (5) Approve a 5.25% contingency ($99,100). h. OP07-32 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: (1)Approve Amendment No. 1 to the Professional Services Agreement with Spec Services, Inc. providing for construction support services for the Gisler-Redhill Trunk Sewer Relocation, Phase 1, Contract No. 7-32-1, for an additional amount of$44,550 Increasing the total amount not to exceed $147,141. (2)Approve an 8% contingency($11,771). I. OP07-33 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to approve years two and three of a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Continued Operation of the Center for Demographic Research, for the period July 1, 2007 through June 30, 2009, for$118,670, for a total amount not to exceed $173,671. Minutes of the Operations Committee April 4, 2007 Page 4 (7) ACTION ITEMS a. OP07-34 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: 1. Approve a 6.2% construction contingency($725,262)for Contract No. 5-51, Rehabilitation of the 14f° Street Pump Station, and Contract No. 5-52, Rehabilitation of the"A" Street Pump Station. 2. Approve a 6.82% construction contingency($2,046,219)for Contract No. 1-2-4, Bushard Trunk Sewer Rehabilitation. 3. Approve a 4.5% construction contingency($346,490)for Contract No. 1-2-4P, Bushard Trunk Sewer Pipe Procurement. 4. Approve a 7.5% construction contingency ($2,342,445)for Contract No. I-10A, 66-Inch Ellis Avenue Trunk Sewer. S. Approve a 5%construction contingency($1,385,862)for Contract No. 1-10B, Ellis Avenue Pump Station. 6. Approve a 30% construction contingency ($1,898,700)for Contract No. J-33-1A, Standby Power and Reliability Improvements. 7. Approve a 1.75% construction contingency($782,872)for Contract No. J-77, Effluent Pump Station Annex. 8. Approve a 4% construction contingency($2,814,640)for Contract No. P1-37, Primary Clarifier Nos. 16-31 and Related Facilities. 9. Approve a 2.5%construction contingency($4,807,402)for Contract No. P2-66, Headworks Improvements at Plant No. 2. 10. Approve a 2.75% construction contingency($4,941,117)for Contract No. P2-90, Trickling Filters at Plant No. 2. 11. Approve an 8% Professional Design Service Agreement contingency ($198,078)for Job No. 5-50, Replacement of the Rocky Point Pump Station. 12. Approve a 2.8% Professional Design Service Agreement contingency($59,575)for Job No. 5-51, Rehabilitation of the 10 Street Pump Station, and Job No. 5-52, Rehabilitation of the"A" Street Pump Station. 13. Approve a 7% Professional Design Service Agreement contingency ($38,905)for Job No. 7-37, Gisler-Red Hill Trunk Improvements. - Minutes of the Operations Committee April 4, 2007 Page 7 City of Los Angeles' pilot project to pump biosolids into vacant oil and gas deep wells to produce methane gas, will be closely observed for success. (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY There were none. (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) CONVENE INCLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b). The Committee convened in Closed Session at 6:45 p.m. pursuant to Government Code Section 54956.9(b). Confidential Minutes of the Closed Session held by the Operations Committee have been prepared in accordance with California Government Code Section 54957.2, and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Meetings. RECONVENE IN REGULAR SESSION: The Committee reconvened in regular session at 6:52 p.m. (15) FUTURE MEETING DATES The next Operations Committee meeting is scheduled for May 2, 2007, at 5:00 p.m. (16) ADJOURNMENT The Chair declared the meeting adjourned at 6.57 p.m. Submitted by: &&=Zea-zc �- Lil a Kovac Committee Secretary H:\dep0agenda\Commidees\OpemOons Commillee\Opamilms 2007\0507\05040407 Opemgons MlnulesAm Distributed at the Operations Committee �-4-01 Meeting OCSD Operations Committee Apol 4, 2007 Capital Improvement Program Two-Year Budget Update Capital Improvement Program (CIP) tt Apn12007 Projected User Rate Increases ■ErpFa Emletiom PpWtlM a Cft c�qe re Curter Ba ff I 4ro, cted B% awr Bra ofw an. /w1 nm nv au 11-1Y.., Projected CIP Budget B Bllilm. 4W .+CYYfMl audgBi ■Past(spent) swois Pro)Bclad o Fulun fxo OCSD Operations Committee April 4,2007 Capital Improvement Program �Growth Slower (Than Projected 'Z '1 Better Condition Assessment Information i Power Rellabi* Project Delayed 4 Distributed at the Operations Committee �-4-o1 Meeting OCSD Operations Committee April 4,2007 Capital Improvement Program Two-Year Budget Update Capital Improvement Program (CIP) le Apn1200] Projected User Rate Increases •frgna Em�axma nryuuum 0.Pmpn. x eel — Cumnt `x — 'Proleeed ox Projected CIP Budget . ,m. >. .-.Current BUE9et 4 Peet(eyen) (i Prolecue Future OCSD Operations Committee April 4, 2007 Capital Improvement Program Projected CIP Budget s ulmwn �.Current Budget uw •Future •Pat ssw •cccgrMery • tttloa TleM!•TP W /Wgretle szoo ' '• > ,� N..nr.v n w w iMarquee Perk Plece g f neunmea�e osl The Village et Irvine c.m.�ect eprum rv.�. o-1 SKYLINE at MecArlhur Piece z SKYLINE alM acAMh r ;Acldtq1PromOtlorousunds Corrosion, A ' 2 OCSD Operations Committee April 4, 2007 Capital bnpmvement Program t ti...ti COneent OBCIOB seconeery steve _Milestone Erantnt North Coun Yore Tni lers In Prome Ares 1 r Admin.Bid .8 soe Ullllestion Proposed CIP Adjustments, Delays and Deferrals 3 OCSD Operations Committee April 4,2007 Capital Improvement Program Growth Slower ,Than Proj= 5 I ' r Better Condition Assessment Information r i V Power Reliability Project Delayed 4 OCSD Operations Committee April 4, 2007 Capital Improvement Pmgram Newly Proposed Projects ♦ Security upgrades ♦ Central generation cooling water system ♦ Research funding ♦ Los Alamitos sewer study ♦ Administrative office plan/relocations Questions I& Orange County Sanitation Diana ..ocsd.com 6 OCSD Operations Committee April 4, 2007 Capital Improvement program IF Gas Flares at Plant No. 1 Solids Production and Management i Lower Construction Bids and Contingency Reductions S Distributed at the Operations Committee 4--q —O^ OCSD Operations Committee Meeting April 4, 2007 New Pump Solutions Pump De-ragging and New Solutions Caneentlonal Screw Centrifugal nNoo-clog Centrifugal LI Case Study YO cost is S8Y.g00 °ef•o _Invested slr.c' 10 / $50,000 .-Ih 5 Savings $337,000 0 97 '9a '99 '00 '01 '02 '0e 'N '05 '05 v..r 1 OCSD Operations Committee April 4, 2007 New Pump Solutions Performance Benefits ♦ True non-clog mcuo a mBInIB/L9M'B roSM) ♦ Lower submergence required (me.ceoud a mamtona.0 m56) ♦ Higher pump efficiencies (induces elecnrel at tal ♦ Retains flow capacity longer (induces malnfenema�trJ Installations 1. 2000—Edinger Ave. Pump Station 2. 2004—Main St. Pump Station 3. 2006—"A"St. Pump Station a. 2008—15N St. Pump Station Future Opportunities 1. 2008—Edinger Ave.Pump Station 2. 2008—MacArthur Ave.Pump Station a. 2008—Lido Pump Station 4. 2008—Ellis Ave.Pump Station(on-site) 5. 2009—College Ave.Pump Station a. 2009—Westside Pump Station ). 2010—Bitter Point Pump Station a. 2010—Rocky Point Pump Station e. 2012—Bay Bridge Pump Station 2 OCSD Operations Committee April 4,2007 New Pump Solutions Benefits ♦Reduced labor requirements ♦Ouick payback ♦Improved performance ♦Improved reliability ♦Reduces overtime calls ♦Lowest life cycle costs 3 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 Operations Committee meeting to be held on April 4, 2007, was duly posted for public inspection in the main lobby of the District's offices on March 28, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this 28" day of March 2007. Lila Kovac Associate Clerk of the Board Orange County Sanitation District H:\DEPT\AGENDA\POSTING\COMMITTEE POSTING CERTIFICATION FORM.DOC ORANGE COUNTY SANITATION DISTRICT NOTICE OF MEETING _ - OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services ,n,a eenee:. ORANGE COUNTY SANITATION DISTRICT mt aEdress WEDNESDAY, APRIL 4, 2007 - 5:00 P.M. Men,bzr DISTRICT'S ADMINISTRATIVE OFFICES •yentas 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708 www.ocsd.com B�x Bw. ., Pnrl A,unmru lAlrnl Lllnarn The regular meeting of the Operations Committee of the Board of Directors of '* "^^r e'•, " Orange County Sanitation District will be held at the above location and time. n, ;ns aemnru i t an�r .58nw 4.,e . ra Nna.T :Aanor Iilsla 191w I:nrY l.,rba Inut: .aunty el prenye mltery prs[dme faxla Al,. Mdw-' 4, Weir clurl.tt Irn:rn Bmea To maintain.11dC le.leetlerah,in weetewelel'antl water re...Me m8nepement. OPERATIONS COMMITTEE MEETING DATES OPERATIONS COMMITTEE BOARD MEETING DATE MEETING DATE 04/04/07 04/25/07 05/02/07 05/23/07 O6/06/07 06/27/07 07/12/07 07/18/07' AUGUST DARK O8/22/07 09/05/07 09/26/07 10/03/07 10/24/07 11/07107 11/28/07 12/05/07 12/19/07' JANUARY DARK 01123/08 02/06/08 02/27/08 03/05/08 03/226/08 'Meetings are being held on the third Wednesday of the month. ROLL CALL OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services Meeting Date: April 4. 2007 Time: 5:00 p.m. Adjourn: COMMITTEE MEMBERS (13) Larry Crandall Chair Cathy Green ice Chair Steve Anderson Charles Antos Don Bankhead Patsy Marshall Roy Moore David Shawver Harry Sidhu Constance Underhill Don Webb James M. Ferryman Board Chair Doug Davert Board Vice Chair OTHERS Brad Ho in, General Counsel STAFF Jim Ruth, General Manager Nick Arhordes, Director of Operations Bob Ghirelli, Assistant General Manager Jim Herber , Director of En ineering Ed Torres, Director of Technical Services Lorenzo Tyner, Director of Finance and Administrative Services Lilia Kovac, Committee Secretary Matt Smith John Linder a Len=Cmne H:WeglapendelCommbmV)PwW"Co McAOPelalbm 20D710407%02.Roll CaUx AGENDA REGULAR MEETING OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services ORANGE COUNTY SANITATION DISTRICT April 4, 2007 - 5:00 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California 92708 www.ocsd.com (1) DECLARATION OF QUORUM (2) APPOINTMENT OF CHAIR PRO TEM, IF NECESSARY (3) PUBLIC COMMENTS (4) REPORT OF COMMITTEE CHAIR (5) REPORT OF GENERAL MANAGER (6) CONSENT CALENDAR ITEMS Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: a. Approve minutes of the March 7, 2007 Engineering and Operations Committee meeting. b. OP07-26 Recommend to the Board of Directors to (1) Ratify Change Order No. 5 to Ellis and Bushard Intersection, Contract No. I-2-4A, with Mike Bubalo Construction, Inc., authorizing an addition of$108,026, increasing the total contract amount to $11,231,081.70; and (2)Approve a 1.65% construction contingency ($184,660). (Book Page 14) Book Paee I Operations Committee 04/04/07 Page 2 C. OP07-27 Recommend to the Board of Directors to: (1) Ratify Change Order No. 1 to Rehabilitation of the Activated Sludge Plant at Plant No. 2, Job No. P2-74, with J F Shea, authorizing an addition of$233,803, which includes a $200,000 bonus for lowered power consumption, increasing the total contract amount to $10,121,784; and, (2)Approve an 8% construction contingency($791,038). (Book Page 17) d. OP07-28 Recommend to the Board of Directors to: (1) Ratify Change Order No. 3 for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc., authorizing an addition of$175,784, increasing the total contract amount to $32,554,405; and, (2)Approve a 7% contingency($2,253,510). (Book Page 20) e. OP07-29 Recommend to the Board of Directors to: (1)Approve Amendment No. 1 to the Professional Services Agreement with Black&Veatch Corporation for additional engineering services for Newport Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer, Contract No. 5-58, for an additional amount of$120,082, increasing the total contract amount not to exceed $1,138,989; (2)Approve a 4.0% Contingency($45,560); and, (3)Authorize staff to commence negotiations with Black&Veatch Corporation for support services during the construction, commissioning, and closeout phases of Contract No. 5-58. (Book Page 23) I. OP07-30 Recommend to the Board of Directors to (1)Approve Amendment No. 2 to the Professional Services Agreement with Earth Tech, Inc. providing for additional construction management services for Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, for an additional amount of$120,525, increasing the contract total amount not to exceed $2,651,811; and, (2)Approve a 12% contingency ($318,217). (Book Page 25) g. OP07-31 Recommend to the Board of Directors to(1)Approve Plans and Specifications for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P11-106; (2) Approve Addendum Nos. 1 and 2 to the plans and specifications; (3) Receive and file bid tabulation and recommendation; (4) Award a construction contract to Adams Mallory Construction Co., Inc. for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106,for a total amount not to exceed $1,887,721; and, (5) Approve a 5.25% contingency($99,100). (Book Page 27) Book Page 2 Operations Committee 04/04/07 Page 3 h. OP07-32 Recommend to the Board of Directors to: (1)Approve Amendment No. 1 to the Professional Services Agreement with Spec Services, Inc. providing for construction support services for the Gisler-Redhill Trunk Sewer Relocation, Phase 1, Contract No. 7-32-1, for an additional amount of$44,550 increasing the total amount not to exceed $147,141. (2)Approve an 8% contingency($11,771). (Book Page 29) I. OP07-33 Recommend to the Board of Directors to approve years two and three of a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Continued Operation of the Center for Demographic Research, for the peripd July 1, 2007 through June 30, 2009, for$118,670, for a total amount not to exceed $173,671. (Book Page 31) END OF CONSENT CALENDAR j. Consideration of items deleted from Consent Calendar, if any. (7) ACTION ITEMS a. OP07-34 Recommend to the Board of Directors to: (Book Page 33) 1. Approve a 6.2% construction contingency ($725,262) for Contract No. 5-51, Rehabilitation of the 14' Street Pump Station, and Contract No. 5-52, Rehabilitation of the "A" Street Pump Station. 2. Approve a 6.82% construction contingency($2,046,219)for Contract No. 1-24, Bushard Trunk Sewer Rehabilitation. 3. Approve a 4.5%construction contingency($346,490) for Contract No. I-24P, Bushard Trunk Sewer Pipe Procurement. 4. Approve a 7.5% construction contingency($2,342,445)for Contract No. I-10A, 66-Inch Ellis Avenue Trunk Sewer. 5. Approve a 5% construction contingency($1,385,862)for Contract No. 1-10B, Ellis Avenue Pump Station. 6. Approve a 30% construction contingency($1,898,700)for Contract No. J-33-1A, Standby Power and Reliability Improvements. 7. Approve a 1.75% construction contingency ($782,872)for Contract No. J-77, Effluent Pump Station Annex. 8. Approve a 4% construction contingency($2,814,640) for Contract No. Pt-37, Primary Clarifier Nos. 16-31 and Related Facilities. Book Page 3 Operations Committee 04/04/07 Page 4 9. Approve a 2.5%construction contingency ($4,807,402) for Contract No. P2-66, Headworks Improvements at Plant No. 2. 10. Approve a 2.75% construction contingency ($4,941,117)for Contract No. P2-90, Trickling Filters at Plant No. 2. 11. Approve an 8% Professional Design Service Agreement contingency ($198,078) for Job No. 5-50, Replacement of the Rocky Point Pump Station. 12. Approve a 2.8% Professional Design Service Agreement contingency ($59,575)for Job No. 5-51, Rehabilitation of the 10 Street Pump Station, and Job No. 5-52, Rehabilitation of the "A" Street Pump Station. 13. Approve a 7% Professional Design Service Agreement contingency ($38,905)for Job No. 7-37, Gisler-Red Hill Trunk Improvements. 14. Approve a 1.5% Professional Design Service Agreement contingency ($52,109)for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation (Boyle). 15. Approve a 1% Professional Design Service Agreement contingency ($33,599)for Job No. J-33-1A, Standby Power and Reliability Improvements. 16. Approve an 8% Professional Design Service Agreement contingency ($25,708)for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation (Malcolm Pirnie). 17. Approve a 5% Professional Design Service Agreement contingency ($112,577)for Job No. J-47, Cable Tray Improvements at Plant Nos. 1 and 2. 18. Approve a 2% Professional Design Service Agreement contingency ($123,285)for Job No. J-77, Effluent Pump Station Annex. 19. Approve a 5% Professional Design Service Agreement contingency ($159,901)for Job No. J-79, Air Quality Improvements. 20. Approve a 10% Professional Design Service Agreement contingency ($139,786)for Job No. J-79-1, Central Generation Automation. 21. Approve a 1% Professional Design Service Agreement contingency ($78,017)for Job No. P1-37, Primary Clarifier Nos. 16-31 and Related Facilities. 22. Approve a 3% Professional Design Service Agreement contingency ($26,403)for Job No. P1-71, Headworks Rehabilitation/Refurbishment at Plant No. 1. Book Page 4 Operations Committee 04/04/07 Page 5 23. Approve a 1.2% Professional Design Service Agreement contingency ($70,552)for Job No. P1-82, Activated Sludge Plant Rehabilitation at Plant No. 1. 24. Approve a 5% Professional Design Service Agreement contingency ($38,969)for Job No. P1-97, 66KV Substation at Plant No. 1. 25. Approve a 10% Professional Design Service Agreement contingency ($366,538)for Job No. 131-100, Sludge Digester Rehabilitation at Plant No. 1. 26. Approve a 10% Professional Design Service Agreement contingency ($1,112,958)for Job No. P1-101, Sludge Dewatering and Odor Control at Plant No. 1. 27. Approve a 2% Professional Design Service Agreement contingency ($533,802)for Job No. P2-66, Headworks Improvements at Plant No. 2. 28. Approve a 4% Professional Design Service Agreement contingency ($110,148) for Job No. P2-74, Rehabilitation of the Activated Sludge Plant at Plant No. 2. b. OP07-35 Recommend to the Board of Directors to consider adopting the proposed Wastewater Discharge Repulations, Ordinance No. OCSD-31, and repealing Ordinance No. OCSD-01. (Book Page 38) (8) INFORMATIONAL ITEMS a. OP07-36 Capital Improvement Program Overview (Book Page 133) (9) REPORT OF DIRECTOR OF ENGINEERING (Jim Herberc) (10) REPORT OF DIRECTOR OF OPERATIONS AND MAINTENANCE (Nick Arhontes) (11) REPORT OF DIRECTOR OF TECHNICAL SERVICES (Ed Torres) (12) OTHER BUSINESS, COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (14) CLOSED SESSION Book Page 5 Operations Committee 04104/07 Page 6 .................--........................................................... .............................. During the course of&na6cting the business set forth on this agenda as a regular meeting of the Committee,the Chair may cowers the Committee in closed session to consider Matters Of pending real estate negotiations, pending or potemial litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9. 54957 or 54957.6.as noted. ;Reports mating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) ,employee actions or negotiations with employee representatives; or which are exempt from public disclosure ,under the California Public Records Ad, may be reviewed by the Committee during a permitted closed session ;and are not available for public inspection. At such time as the Committee takes final actions on any of these lwqeqk.ta.mmutes will reflect all required disclosures of inforinabon. ............ _q ............................. ............... ................. ----------- a. Convene in closed session. (1) Confer with Legal Counsel re existing litigation (Government Code Section 54956.9(a)) Case: Travelers Casualty And Surety Company, et al. v. OCSD, San Diego Superior Court, Case No. GIC873347, re Plant 2 Solids & Storage Truck Loading Facility, Job No. P2-60 (2) Confer with Legal Counsel re anticipated litigation (Government Code Section 54956.9(b)), Significant Exposure to Litigation Number of Potential Cases: 1; Claimant: Steve P. Rados, Inc.; Project: Bushard Trunk Sewer Rehabilitation, Job No. 1-24 b. Reconvene in regular session. C. Consideration of action, if any, on matters considered in closed session. (15) FUTURE MEETING DATES The next Operations Committee meeting is scheduled for May 2, 2007, at 5:00 p.m. (16) ADJOURNMENT Book Page 6 Operations Committee 04/04/07 Page 7 Agenda Posting: 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 offices not less than 72 hours priorto the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Clerk of the Board. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Committee for discussion and/or action, it will be done in compliance with Section 54954.2(b)as an emergency item or because there is a need to take immediate action, which need came to the attention of the Committee subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Operations Committee on specific agenda items or matters of general interest. As determined by the Chair, 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 have action taken by the Committee except as authorized by Section 54954.2(b). Consent Calendar: All matters placed on the consent calendar are considered as not requiring discussion or further explanation, and unless a particular item is requested to be removed from the consent calendar by a Director of staff member,there will be no separate discussion of these items. All items on the consent calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the consent calendar shall be considered in the regular order of business. The Committee Chair will determine if any items are to be deleted from the consent calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adioumment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955(posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at(714)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. *Notice to Committee Members: For any questions on the agenda or to place any items on the agenda,Committee members should contact the Committee '=.Chair or Secretary tan days in advance of the Committee meeting. :Committee Chair Larry Crandall (714)593-4400 slcrandall(caol.com Committee Secretary: Lilia Kovac (714)593-7124 IkovacAocsd.com :General Manager Jim Ruth (714)593-7110 imth(diocsd.com '=.Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli0ocsd.com Dir.of Technical Services Ed Tortes (714)593.7080 elones(alocsd.com ;Director of Engineering Jim Herberg (714)593-7020 iherbero@ocsd.com .Dir.of Operations and Maintenance Nick Arhontes (714)593-7210 namontes9tomd.com Book Page 7 Operations Committee Rolling Agenda Report Calendar Dats Dept Action or Description of Report Information May 0&M Award Sole Source of Parts and Services for Existing Equipment Action May ENG FY 2007-08 CIP Budget Information Ratify Change Order Nos. 4&5 to 5-51, Rehabilitation of May ENG 14' Street Pump Station Action May ENG Approve Amendment No. 3 to PSA re 132-80, Primary Treatment Rehabilitation)Refurbishment Action May ENG Approve Amendment No. 7 to PSA re Integrated Action Program Management Consultants(IPMC) May ENG Ratify Change Order No. 24 re 1-2-4, Bushard Trunk Action Sewer Rehabilitation May ENG Ratify Change Order No. 4 re P1.82,Activated Sludge Action Plant Rehabilitation May ENG Approve Amendment No. 6 to PSA re 1-10, Rehabilitation Action of Ellis Avenue Pump Station May ENG Approve Amendment No. 2 to PSA re P1-106, Truck Action Wash and Dewalering Beds at Plant No. 1 H:Wep0agenda\Commitlees\Operelions Commiftm%0peralions 2007M07\04.040407 Rolling Agenda.tloc Book Page 8 MINUTES OF THE OPERATIONS COMMITTEE Engineering, Operations & Maintenance, and Technical Services Orange County Sanitation District Wednesday, March 7, 2007—5:00 P.M. A meeting of the Operations Committee of the Orange County Sanitation District was held on March 7, 2007, at 5:00 p.m. in the Sanitation District's Administrative Office. (t) ROLL CALL A quorum declared present, as follows: Operations Directors Present: Staff Present: Larry Crandall, Chair Jim Ruth, General Manager Cathy Green, Vice Chair Bob Ghirelli,Assistant General Manager Don Bankhead Nick Arhontes, Dir. of Operations & Maintenance Patsy Marshall Jim Herberg, Director of Engineering Roy Moore Ed Torres, Director of Technical Services David Shawver Lorenzo Tyner, Director of Finance and Harry Sidhu Administrative Services Constance Underhill Life Kovac, Committee Secretary Don Webb Jim Burror, Engineering Supervisor Doug Davert, Board Vice Chair Mark Esquer, Engineering Manager Tod Haynes, Engineering Manager Operations Directors Absent: Matt Smith, Engineering Manager Steve Anderson John Linder, Engineering Manager Charles Antos James M. Ferryman, Board Chair Others: Olga Cervantes Norbert Gaia Juanita Skillman (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) PUBLIC COMMENTS There were no public comments. (4) REPORT OF THE COMMITTEE CHAIR Chair Crandall noted that the July meeting falls on the 4° of July, It was suggested the meeting be rescheduled to Monday, July e. Book Page 9 Minutes of the Operations Committee March 7, 2007 Page 2 (5) REPORT OF THE GENERAL MANAGER No report was given. (6) CONSENT CALENDAR ITEMS a. Approve minutes of the February 7, 2007 Engineering and Operations Committee meeting. b. OP07-11 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to ratify Change Order No. 23 to Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, with Steve P. Rados, Inc., authorizing an addition of$48,198, increasing the total contract amount to $31,164,224. C. OP07-12 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to ratify Change Order No. 4 to Ellis and Bushard Intersection, Contract No. I-2-4A, with Mike Bubalo Construction, Inc., authorizing an addition of$194,229.34, increasing the total contract amount to$11,123,055.70. d. OP07-13 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to ratify Change Order No. 8 to Trickling Filter Rehabilitation and New Clarifiers, Job No. P1-76, with J.R. Filanc Construction Company Inc., authorizing an addition of$232,036, increasing the total contract amount to $35,223,546. e. OP07-14 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to ratify Change Order No. 2 for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc., authorizing an addition of$36,543, increasing the total contract amount to $32,378,621. f. OP07-15 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to Ratify Change Order No. 4 to Headworks Replacements at Plant No. 2, Job No. P2-66, with J.F. Shea Construction, Inc., authorizing an addition of$332,489, increasing the total contract amount to $193,474,189. g. OP07-16 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to: (1) Approve Amendment No. 5 to the Professional Services Agreement with RBF Consulting, Inc. providing for additional design engineering services for Carbon Canyon Sewer and Pump Station Abandonment, Contract No. 2-24-1, for an additional amount of$40,771, increasing the total amount not to exceed $622,557; (2) Approve a 4% Contingency($25,000); and, Book Page 10 Minutes of the Operations Committee March 7, 2007 Page 3 (3) Authorize staff to commence negotiations with RBF Consulting for support services during the construction, commissioning, and close out phase of Contract No. 2-24-1. h. OP07-17 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: (1)Approve Amendment No. 7 to Professional Services Agreement with Lee & Ro, Inc., providing for additional design engineering services for Replacement of the Bitter Point Pump Station, Contract No. 5-49; Replacement of the Rocky Point Pump Station, Contract No. 5-50; Rehabilitation of the 10 Street Pump Station, Contract No. 5-51; and Rehabilitation of the"A" Street Pump Station, Contract No. 5-52, for an additional amount of$69,000, increasing the total amount not to exceed $4,878,382; and, (2) Approve a 1%contingency($48,784). i. OP07-18 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to a authorize staff to commence negotiations with Earth Tech for support services during the construction, commissioning, and closeout phases of Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106. j. OP07-19 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with Malcolm Pirnie for support services during the construction, commissioning, and closeout phases of Primary Treatment Rehabilitation Refurbishment, Job No. P2-80. k. OP07-20 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with Brown and Caldwell for support services during the construction, commissioning, and closeout phases of Plant No. 2 Primary Sludge Feed System, Job No. P2- 91. I. OP07-21 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with Dudek and Associates, Inc. for support services during the construction, commissioning, and closeout phases of Rehabilitation of District Siphons, Contract No. 2-68. M. OP07-22 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with PBS&J Inc. for support services during the construction, commissioning, and closeout phases of Rehabilitation of Westside Pump Station, Contract No. 3-52. n. OP07-23 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with Spec Services, Inc. for support services during the construction, commissioning, and closeout phases of Gisler-Redhill Trunk Sewer Relocation, Phase 1 Construction, Contract No. 7-32-1. Book Page I I Minutes of the Operations Committee March 7, 2007 Page 4 o. OP07-24 MOVED, SECONDED, AND DULY CARRIED: Recommend to the Board of Directors to authorize staff to commence negotiations with RBF Consulting for support services during the construction, commissioning, and closeout phases of Rehabilitation of College Avenue Pump Station, Contract No. 7-47. (7) ACTION ITEMS a. OP07-25 MOVED, SECONDED,AND DULY CARRIED: Recommend to the Board of Directors to: (1) Approve a budget increase for Rehabilitation of the 140 Street Pump Station, Contract No. 5-51, in the amount of$86,836 for a total project budget of$9,759,836; and, (2) Ratify Change Order No. 3 to Rehabilitation of thellO Street Pump Station, Contract No. 5-51, and Rehabilitation of the W Street Pump Station, Contract No. 5-52, with Kiewit Pacific Company authorizing an addition of $178,181 and 0 calendar days, increasing the total contract amount to $12,273,404. (8) INFORMATIONAL ITEMS There were none. (9) REPORT OF DIRECTOR OF ENGINEERING (Jim Herberg) Mr. Jim Herberg reported that the District is the recipient of a prestigious award from the Construction Management Association of America (CMAA) with a Project Achievement Award for the Trickling Filter Facility. Mr. Herberg also reviewed the CIP budget, consent decree requirements timeline, and implications of budget increases. (10) REPORT OF DIRECTOR OF OPERATIONS AND MAINTENANCE (Nick Arhontes) Mr. Nick Arhontes briefly reported that an investigation of odor control techniques at the Ascon landfill in Huntington Beach was done by staff. A sprayed on foam material was used as a surface barrier to minimize odors. This method would not be of use in OCSD's process. He also reported attending a SCAP Wastewater Issues Conference and its various papers offered for review, which offer perspectives on processes that should or should not be used by the District O&M staff had also met with Technical Services staff regarding our current disinfection strategies for ocean discharge. Staff will continue to work on optimization and may perform added testing as well as utilize a panel of independent experts to assist in evaluating strategies prior to recommending any major changes. The budget for disinfection chemicals is over $9 MM per year. Book Page 12 Minutes of the Operations Committee March 7, 2007 Page 5 (11) REPORT OF DIRECTOR OF TECHNICAL SERVICES (Ed Torres) Mr. Ed Tortes briefly reported on quarterly testing for toxicity; a consortium with U.C. Irvine Technology demo project for hydrogen gas; he also informed the committee members of the South Kem County Biosolids Composting facility grand opening ceremony scheduled for May 8, 2007. Directors interested in attending the event may advise Penny Kyle, Clerk of the Board at (714) 593-7130, in order to coordinate a vanpool for everyone attending. (12) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY There were none. (13) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (14) CLOSED SESSION There was no closed session. (15) FUTURE MEETING DATES The next Operations Committee meeting is scheduled for April 4, 2007, at 5:00 p.m. (16) ADJOURNMENT The Chair declared the meeting adjourned at 5:55 p.m. Submitted by: Lilia Kovac Committee Secretary H.WepOgmo\15M151\BS\Minul 030707 DmM Opemdom Minute .doc Book Page 13 OPERATIONS COMMITTEE Meeting Date To Btl.or Dir. 04/04/07 04/25/07 AGENDA REPORT iem 07-26 Item Number ONumb Orange County Sanitation District 4 Collections Facilities FROM: James Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: David May SUBJECT: ELLIS AND BUSHARD INTERSECTION, CONTRACT NO. 1-24A GENERAL MANAGER'S RECOMMENDATION 1. Ratify Change Order No. 5 to Ellis and Bushard Intersection, Contract No. I-24A, with Mike Bubalo Construction, Inc., authorizing an addition of$108,026, increasing the total contract amount to $11,231,081.70. 2. Approve a 1.65% construction contingency ($184,660) SUMMARY • Contract No. 1-2-4A is related to Contract No. 1-24, Bushard Trunk Sewer Rehabilitation. Contract No. 1-2-4 replaces approximately five miles of existing 54-inch diameter pipe with new 108-inch diameter pipe. • The purpose of Contract No. 1-24A is to consolidate work in the Ellis Avenue Bushard Street intersection and allow work to be performed in less time and in a safer work area. Work is also performed in parallel with new piping being installed on Bushard Street south of the intersection ensuring the entire effort is completed in a shorter duration. • Malcolm Pirnie, Inc. prepared the plans and specifications and the contract was awarded to Mike Bubalo Construction Company, Inc. on February 22, 2006. • This change order includes three items of added work and one item to reduce contract retention. There are two non-reimbursable design errors and no reimbursable design errors associated with this change order. Liquidated damages on this contract are $5,400 per day. The contract is now 97% complete. PRIOR COMMITTEE/BOARD ACTIONS The contract was awarded by the Board of Directors on February 22, 2006. Please refer to the attached Change Order Status Report for information on all previous change orders. Page 1 Book Page 14 ADDITIONAL INFORMATION Minor improvements were made to parking and street sections intermingled in the work area after discussion with City staff. This change order complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line Rem: Section 8, Page 48). Contract Schedule Contract Start Date May 8, 2006 Original Contract Completion Date January 2, 2007 Total Number of Change Orders to Date 4 Current Contract Completion Date July 31, 2007 Actual Completion Date TBD Days Subject to Liquidated Damages N/A Change Order No. 04 Content Item Description Amount Days Type No. 1 Additional improvements—City of $47,268 0 Other Fountain Valle 2 Structural Bulkhead installation $30,000 0 Non Reimbursable Design error 3 Structural Bulkhead removal $30,758 0 Non Reimbursable sign error 4 Retention Release $0 0 Other Total Change Order No. 05 1 $108,0261 0 ATTACHMENTS Change Order Status Report Award Date: 04/04107 Contract Amount: $11,231,081.70 Contingency/: 1.65% JH:DM:kf:eh:kf H:WepDa9ew1a\CoMMflt \Operati=s Committee\Ommtio 2007\0/07t07-26.1-24A CO Ulm Page 2 Book Page 15 CHANGE ORDER STATUS REPORT ELLIS AND BUSHARD INTERSECTION, CONTRACT NO. I-2-4A CO #5 APPROVAL CONTRACT CONTRACT COST PERCENTAGE AUTHORIZED AUTHORIZED TIME ITEM DATE COST TO DATE INCREASE TIME TO DATE (DAYS) (DAYS) CONTRACT February22, 2006 $11,191,500.00 $11,191,500.00 240 240 CO NO. 1 May 24, 2006 $0 $11,191,500.00 0.00% 0 240 CO NO.2 August 23, 2006 ($815.657.64) $10,375,842.36 -7.29% 0 240 CO NO. 3 November 15,2006 $552,984 $10,928,826.36 -2.35% 20 260 CO NO. 4 Apn125, 2007 $194,229.34 $11,123,055.70 -0.61% 190 450 y CO NO. 5 Pending $108,026.00 $11,231,081.70 0.35% 0 450 0 0 F y EDM5:003830223 m rn rn OPERATIONS COMMITTEE Mewing Date To Dd.or Dir. 04/04/07 04/75/07 AGENDA REPORT Item Number IOem Number OP07-27 Orange County Sanitation District kSecondary Treatment FROM: James D. Ruth, General Manager SUBJECT: REHABILITATION OF THE ACTIVATED SLUDGE PLANT AT PLANT NO. 2, JOB NO. P2-74 GENERAL MANAGER'S RECOMMENDATION 1. Ratify Change Order No. 1 to Rehabilitation of the Activated Sludge Plant at Plant No. 2, Job No. P2-74, with J F Shea, authorizing an addition of$233,803, which includes a $200,000 bonus for lowered power consumption, increasing the total contract amount to $10,121,784. 2. Approve an 8% construction contingency ($791,038). SUMMARY • Job No. P2-74 provides for the rehabilitation of the aeration mixers, electrical equipment, instrumentation, and controls at the Activated Sludge Treatment Process (Secondary Treatment Plant) located at Plant No. 2. • Montgomery Watson Harza prepared the plans and specifications and the contract was awarded to J.F. Shea Construction, Inc. on March 13, 2006. • This change order includes five items of added work ($33,803) and one bonus provision ($200,000) to Job No. P2-74. There are four nonreimbursable design errors and no reimbursable design errors associated with this change order. The contract includes liquidated damages at $2,000 per day and one bonus provision. The contract is now 31% complete. PRIOR COMMITTEE/BOARD ACTIONS The contract was awarded by the Board of Directors on March 13, 2006. Please refer to the attached Change Order Status Report for information on all previous change orders. Page 1 Book Page 17 ADDITIONAL INFORMATION Contract Schedule Contract Start Date March 13, 2006 Original Contract Completion Date April 1, 2008 Total Number of Change Orders to Date 1 Current Contract Completion Date April 1, 2008 Actual Completion Date TBD Days Subject to Liquidated Damages N/A Change Order No. 1 Content Item Description Amount Days Type No. Staff Request 1 316 Stainless Steel Racking $3,003 0 Design Enhancement Nonreimbursable 2 Additional Control Wire $40,669 0 Design Error Deletion of East Side RAS Pump Staff Requested 3 1 Station Air Conditioner Unit $14,557 0 Design Change Nonreimbursable 4 Relocate HVAC Ductwork $1.230 0 Design Error Additional Conduits for Secondary Nonreimbursable 5 Clarifier RIO Cabinets $3,458 0 Desi n Enor 6 Aerator Mixer Bonus Provision $200,000 0 Other Total Change Order No. 1 $233,803 0 Item 6 provides for a $200,000 bonus as a result of a demonstrated power draw significantly less than the maximum power draw specified in the contract documents. As a result of the new efficient mixers, the Orange County Sanitation District (Sanitation District) will realize a significant savings in power costs (over$10,000,000) over the next twenty years. This change order complies with authority levels of the Sanitation District's Delegation of Authority. This Rem has been budgeted. (Line item: Section 8, Page 55). ATTACHMENT Change Order Status Report Award Date: 04104107 Contract Amount: $10,121,784 Contingency%: 8% JH:KM:dm:kf:eh:kf H:Weplagenda\Ca Mees\Op mhons Commidee\Operations 2007\0407\07-27. 2-74 CO 1.doc R... .o WWa Page 2 Book Page 18 CHANGE ORDER STATUS REPORT REHABILITATION OF THE ACTIVATED SLUDGE PLANT AT PLANT NO. 2 JOB NO. P2-74 APPROVAL CONTRACT CONTRACT COST PERCENTAGE AUTHORIZED AUTHORIZED TIME ITEM DATE COST TO DATE INCREASE TIME TO DATE (DAYS) (DAYS) CONTRACT 3/13/2006 $9,887,981 $9.887,981 0.00 750 750 0 GO NO. I Pending $233,803 $10,121.784 2.36 0 - 750 F 'O 'Note-$200p00 al the(alel change order amount Is other(bonus),as a result total project change order%is atlually.30% N 0a m EDMS 003829793 OPERATIONS COMMITTEE "a04'1�yoare TOB1i5V7 oa/"I Da ovzs/o� AGENDA REPORT iem 07-28 Ian Numbe _ or Numb Orange County Sanitation District Secondary Treatment FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Wendy Sevenandt SUBJECT: ACTIVATED SLUDGE PLANT REHABILITATION AT PLANT NO. 1, JOB NO. P1-82 GENERAL MANAGER'S RECOMMENDATION 1. Ratify Change Order No. 3 for Activated Sludge Plant Rehabilitation at Plant No. 1, Job No. P1-82, with J.R. Filanc Construction Company Inc., authorizing an addition of $175,784, increasing the total contract amount to $32,554,405. 2. Approve a 7% contingency ($2,253,510). SUMMARY • Job No. P1-82, Activated Sludge Plant Rehabilitation, consists of modifications and additions to the Blower Building, Aeration Basin, and Secondary Clarifier Complex. • The plans and specifications were prepared by HDR Engineering, Inc., and the contract was awarded to J.R. Filanc Construction Company, Inc. on June 22, 2005. • Change Order No. 3 includes two items of added work. There is one non- reimbursable design error associated with this change order. Liquidated damages on this project are $4,000 per day and there are no bonus provisions. The contract is now 75% complete. PRIOR COMMITTEE/BOARD ACTIONS The contract was awarded to J.R. Filanc Construction Company, Inc. by the Board of Directors on June 22, 2005. Please refer to the attached Change Order Status Report for information on previous change orders. ADDITIONAL INFORMATION Contract Schedule Contract Start Date August 25, 2005 Original Contract Completion Date June 16, 2007 Total Number of Change Orders to Date 3 Current Contract Completion Date September 25, 2007 Actual Completion Date N/A Days Subject to Liquidated Damages 0 Book Page 20 Change Order No. 3 Content Item Description Amount Days Type No. 1 Secondary Clarifier Nos. 25 and 26 $144 852 0 Non-reimbursable Pile Modifications Design Error 2 Secondary Clarifier Nos. 25 and 26 $30,932 0 Pile Uplift Test Unknown Condition Total Change Order No. 3 $175,784 0 This change order complies with authority levels of the Orange County Sanitation District's Delegation of Authority- This item has been budgeted. (Line item: Section 8, Page 54). ATTACHMENT Change Order Status Report Award Date: 04/04/07 Contract Amount: $32,554,405 Contingency%: 7 JH:WS:kf H:NtglobaMgeiMa Draft RepodsWDCW 1A2 CO#3-AR-a-0e-07.doc Book Page 21 CHANGE ORDER STATUS REPORT ACTIVATED SLUDGE PLANT REHABILITATION AT PLANT NO. 1 JOB NO. PI-82 APPROVAL CONTRACT CONTRACT COST PERCENTAGE AUTHORIZED AUTHORIZED TIME ITEM DATE COST TO DATE INCREASE TIME TO DATE (DAYS) (DAYS) CONTRACT 6/22/2005 $ 32,193,000 $ 32,193,000 0.00 660 660 CO NO. 1 7/19/2006 $ 149,078 $ 32,342,078 0.46 101 761 CO NO. 2 3/28/2007 $ 36,543 $ 32,378,621 0.58 0 761 w :CO NO*3 Pending $ 175,784 $'. 32,554.405 1.12 .0 -.: 761 F 'O d P� N N EDMS:003829631 OPERATIONS COMMITTEE Meeting Date TOBd.MDir. oa/a/o7 oa/ul7 AGENDA REPORT H&n Npe1tief Hen Nn OPOJ-29 Orange County Sanitation District Collections Facilities FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Alberto Acevedo SUBJECT: NEWPORT TRUNK SEWER AND FORCE MAINS, BITTER POINT PUMP STATION TO COAST TRUNK SEWER, CONTRACT NO. 5-58 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 1 to the Professional Services Agreement with Black & Veatch Corporation for additional engineering services for Newport Trunk Sewer and Force Mains, Bitter Point Pump Station to Coast Trunk Sewer, Contract No. 5-58, for an additional amount of$120,082, increasing the total contract amount not to exceed $1,138,989. 2. Approve a 4.0% Contingency ($45,560). 3. Authorize staff to commence negotiations with Black &Veatch Corporation for support services during the construction, commissioning, and closeout phases of Contract No. 5-58. SUMMARY • This project will provide a new point of connection from the proposed new Bitter Point Pump Station to convey wastewater from the cities of Newport Beach and Costa Mesa to Plant No. 2. The existing system is not suitable for the new operating pressure and flow conditions from the proposed Bitter Point Pump Station. • The additional design services being requested are necessary to update the Bid Documents, the construction cost estimate, the construction schedule, and incorporate all the field changes that have occurred since the drawings where completed in December 2005. This project was put on hold to ensure that construction will coordinate closely with the replacement of Bitter Point Pump Station, Contract No. 549. Page 1 Book Page 23 • Black & Veatch Corporation prepared the original design to the highest standards and possesses an in-depth and unique knowledge of all the intricacies of the design. Therefore, Black & Veatch Corporation is in an excellent position to provide support services during the bid process, construction, commissioning, and closeout phases of this project. Staff is requesting permission to negotiate with Black & Veatch for construction support services. PRIOR COMMITTEEIBOARD ACTIONS • Approval of Professional Service Agreement (PSA) with Black & Veatch Corporation for an amount not to exceed $1,018,907 (Board — December 2003). ADDITIONAL INFORMATION This Amendment No. 1 complies with authority levels of the Orange County Sanitation District's (Sanitation District) Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 30). An amendment for the construction support services will be presented at the time that the construction contract is presented for award. Award Date: 4125103 Contract Amount: $1,138,989 Contingency %: 4.0% JH:AC:kf H:WeptWgen#a\Committees\Operations CommfttWOperations 20DM407W-29.5-58 Amend#t.dw Page 2 Book Page 24 OPERATIONS COMMITTEE Meerineoate Tcea.ofor. 04 0! wizsio7 AGENDA REPORT Item Number Item Number OP07-30 Orange County Sanitation District Collections ColFacilities FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: David May SUBJECT: BUSHARD TRUNK SEWER REHABILITATION, JOB NO. 1-2-4 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 2 to Professional Services Agreement with Earth Tech, Inc. providing for additional construction management services for Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4, for an additional amount of$120,525, increasing the contract total amount not to exceed $2,651,811. 2. Approve a 12% contingency ($318,217). SUMMARY • Earth Tech Inc. (ETI) was awarded a construction management services contract in November 2005. ETI provides construction management services for work on the Bushard Trunk Sewer Rehabilitation, Job No. 1-2-4. • This amendment is for additional pipe procurement inspection services at the pipe fabrication plant site and for pipe installation quality inspection services for pipe installed by the contractor, Steve P. Rados. Additional pipe procurement inspection is required because the pipe installation time has increased. • ETI is approximately 70% complete on their contracted services to date. ETI services will complete when Steve P. Rados completes construction, which is estimated to be approximately July 2007. • The contractor may start working overtime which would require more inspectors. The contingency was set based on this possibility. PRIOR COMMITTEE/BOARD ACTIONS • Awarded Professional Services Agreement, November 2005, for $2,052,593. • Approved Amendment No. 1 to the Professional Services Agreement, July 19, 2006, for $478,693 bringing the total contract amount to $2,531,286. Form No.o IN4 FMWa�/09N1 Page 1 Book Page 25 ADDITIONAL INFORMATION This Amendment No. 2 complies with authority levels of the Orange County Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 48). Award Date: 04/04107 Contract Amount: $2,651,811 Contingency %: 12 JH:DM:kf:gc:kf H:WeptWgenda%CommiNees%0p tions CommMee\Operations 2007 OM7-30.1-2AA nd# .dm Forth No arv.,ax.x flnissE OlrOBr➢] Page 2 Book Page 26 OPERATIONS COMMITTEE Meeting Date To Bd.of Dlr. 04/04/07 04/25/07 AGENDA REPORT Item Number Rem Number OP07-31 Orange County Sanitation District Dig scion& Handling 8 lids FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Pam Koester SUBJECT: TRUCK WASH AND DEWATERING BEDS AT PLANT NO. 1, JOB NO. P1-106 GENERAL MANAGER'S RECOMMENDATION 1. Approve Plans and Specifications for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106; 2. Approve Addendum Nos. 1 and 2 to the plans and specifications; 3. Receive and file bid tabulation and recommendations; 4. Award a construction contract to Adams Mallory Construction Co., Inc. for Truck Wash and Dewatering Beds at Plant No. 1, Job No. P1-106, for a total amount not to exceed $1,887,721; and, 5. Approve a 5.25% contingency ($99,100). SUMMARY • The purpose of Job No. P1-106 is to provide truck wash and dewatering beds facilities at Plant No. 1. • Earth Tech completed the plans and specifications for Job No. P1-106 in December 2006. Four sealed bids were received on February 20, 2007. Summary information on the bid opening for Job No. P1-106 is as follows: Project Budget: $4,360,900 Construction Contract Budget: $2,779,000 Engineer's Estimate $2,350,000 Lowest Responsive, Responsible Bid: $1,887,721 High Bid: $2,928,165 Form No,ow im-x RwIM mmaei Page 1 Book Page 27 PRIOR COMMITTEEIBOARD ACTIONS • Approval of Professional Service Agreement (PSA) with Earth Tech for an amount not to exceed $237,676 (Board — December 2005). • Approval of Amendment No. 1 to the PSA with Earth Tech for $15,200, increasing the contract total amount not to exceed $252,876 (General Manager— November 2006). • Authorize staff to commence negotiations with Earth Tech for support services during the construction, commissioning, and closeout phases of Job No. Pt-106. ADDITIONAL INFORMATION This approval complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 60). Award Date: 4125107 Contract Amount: $1,887,721 Contingency: 5.25 JH:PK:kf:gc H:1depVagenda%C=rndtees\0pe2tions Commidee\Operations 20071000A07-31.P1-109-Addendum tlt and M2.doc Fqm No.rn 102.2 W e1Nee7 Page 2 Book Pace 28 OPERATIONS COMMITTEE Meeting Date Taetl.cr Dir. 04/04/07 oq/2s/o7 AGENDA REPORT a Number aem Number OP07-32 Orange County Sanitation District Collections Facilities FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Hardat Khublall SUBJECT: GISLER-REDHILL TRUNK SEWER RELOCATION, PHASE 1 CONSTRUCTION, CONTRACT NO. 7-32-1 GENERAL MANAGER'S RECOMMENDATION 1. Approve Amendment No. 1 to the Professional Services Agreement with Spec Services, Inc. providing for construction support services for the Gisler-Redhill Trunk Sewer Relocation, Phase 1, Contract No. 7-32-1, for an additional amount of $44,550, increasing the total amount not to exceed $147,141. 2. Approve an 8% contingency ($11,771). SUMMARY • The purpose of this project is to redirect flows from the 30-inch Gisler-Redhill Trunk Sewer located at the John Wayne Airport northerly Main Street parking lot into the existing 66-inch diameter Main Street Sewer to reduce flows to the College Avenue Pump Station. This project also abandons a portion of the 30-inch Gisler-Redhill Trunk Sewer which conflicts with future construction of a Caltrans transition ramp. • The implementation of this project will save the Orange County Sanitation District (Sanitation District) approximately $4,500,000 because this project will avoid the need to upgrade College Avenue Pump Station by redirecting the flows to Main Street Pump Station. • Spec Services completed the preparation of the design plans and specifications for Contract No. 7-32-1 in December 2006, and construction support services are being requested as the project moves into construction. These services will include reviewing submittals, responding to requests for information, preparing design modifications, attending construction meetings and site visits, performing specialty inspections, participating in commissioning activities, and preparing record drawings. The cost for this additional work is estimated to be $44,550. Fo,m No.m Mt RVi..DIMW7 Page 1 Book Page 29 • These construction support services shall be authorized only as requested, and managed by the Sanitation District's Project Manager. The proposed fee is reasonable for a project of this magnitude. Staff received permission to negotiate with Spec Services for construction support at the March Board of Directors meeting. • An 8% contingency for potential consultant PSA amendments is being requested per the Delegation of Authority. PRIOR COMMITTEEIBOARD ACTIONS Approval of a Professional Services Agreement (PSA) with Spec Services, Inc. in March, 2004, for a total amount not to exceed $102,591. ADDITIONAL INFORMATION This Amendment No. 1 complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page 37). Award Date: 03/24/04 Contract Amount: $102,591 Contingency%: 8% JH:HK:kf H:Wepnagem1MCommittees\0pem1ions Commigee\Operations 2007%040n07-32.7-32-1 Amend#1.dm Fatm Na.watoai R..;xe01m 7 Page 2 Book Page 30 OPERATIONS COMMITTEE MeeORg Date ro Bd.ur Dlr. 04/09/07 041iSIO7 AGENDA REPORT Item Number Item Number _______ _ _ OPo7-33 Orange County Sanitation District Misc.A Support Projects FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering SUBJECT: 2007-08 Sponsorship of the Center for Demographic Research GENERAL MANAGER'S RECOMMENDATION Approve years two and three of a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Continued Operation of the Center for Demographic Research, for the period July 1, 2007 through June 30, 2009, for$118,670, for a total amount not to exceed $173,671. SUMMARY The Center for Demographic Research (CDR), located at California State University Fullerton, develops demographic and related information for Orange County. Since 1996, CDR has been supported by sponsoring agencies, including the Orange County Sanitation District (Sanitation District). The Sanitation District uses CDR information to develop flow projections, to project revenues from connection fees, and to assess capacity needs for sewer conveyance and treatment facilities. PRIOR COMMITTEEIBOARD ACTIONS None. The 2006-2007 sponsorship fee in the amount of$55,001 was within the General Manager's Delegation of Authority. ADDITIONAL INFORMATION The Center for Demographic Research produces core demographic products such as the "Orange County Progress Report," "Orange County Projections" and census, and employment data by traffic analysis zone (TAZ). Recognizing the importance of local area expertise in developing demographic projections and associated products, a number of agencies sponsor CDR: the County of Orange, the Orange County Transportation Authority, the County of Orange Clerk-Recorder Department, the Orange County Council of Governments, the Sanitation District, the Transportation Corridor Agencies, the Municipal Water District of Orange County, and the Orange County Water District. Fom No.0 1024 R...01M07 Page 1 Book Page 31 The 2006 Memorandum of Understanding established Sanitation District sponsorship fees at $55,001 for 2006-08, $57,198 for 2007-08, and $61,472 for 2008-09. this item complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 5, Page 6). AT:sa HSdepUagenda\Committees\Operations Committee%Operations 200T 10M-33.Cemer for Demographic Research.doc F.W.O 10 2 asneee oumm Page 2 Book Page 32 OPERATIONS COMMITTEE Meeting Date To&I.of Dir. 09 09 07 09 2s 07 AGENDA REPORT item Number Item Number OM7-34 Orange County Sanitation District lMisc.a Support proiects FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering SUBJECT: CONSTRUCTION AND ENGINERING CONTRACT CONTINGENCIES GENERAL MANAGER'S RECOMMENDATION 1. Approve a 6.2% construction contingency ($725,262) for Contract No. 5-51, Rehabilitation of the 141M1 Street Pump Station, and Contract No. 5-52, Rehabilitation of the "A" Street Pump Station. 2. Approve a 6.82% construction contingency ($2,046,219) for Contract No. 1-2-4, Bushard Trunk Sewer Rehabilitation. 3. Approve a 4.5% construction contingency ($346,490) for Contract No. I-2AP, Bushard Trunk Sewer Pipe Procurement. 4. Approve a 7.5% construction contingency ($2,342,445) for Contract No. 1-10A, 66 Inch Ellis Avenue Trunk Sewer. 5. Approve a 5% construction contingency ($1,385,862) for Contract No. 1-1013, Ellis Avenue Pump Station. 6. Approve a 30% construction contingency ($1,898,700) for Contract No. J-33-1A, Standby Power and Reliability Improvements. 7. Approve a 1.75% construction contingency ($782,872) for Contract No. J-77, Effluent Pump Station Annex. 8. Approve a 4% construction contingency ($2,814,640) for Contract No. P1-37, Primary Clarifier Nos. 16-31 and Related Facilities. 9. Approve a 2.5% construction contingency ($4,807,402) for Contract No. P2-66, Headworks Improvements at Plant No. 2. 10. Approve a 2.75% construction contingency ($4,941,117) for Contract No. P2-90, Trickling Filters at Plant No. 2. 11. Approve an 8% Professional Design Service Agreement contingency ($198,078) for Job No. 5-50, Replacement of the Rocky Point Pump Station. FOm,NO.G 1022 RWIw 011 7 Pagel Book Page 33 12. Approve a 2.8% Professional Design Service Agreement contingency ($59,575) for Job No. 5-51, Rehabilitation of the le Street Pump Station, and Job No. 5-52, Rehabilitation of the"A" Street Pump Station. 13. Approve a 7% Professional Design Service Agreement contingency ($38,905)for Job No. 7-37, Gisler-Red Hill Trunk Improvements. 14. Approve a 1.5% Professional Design Service Agreement contingency ($52,109) for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation (Boyle). 15. Approve a 1% Professional Design Service Agreement contingency ($33,599) for Job No. J-33-1A, Standby Power and Reliability Improvements. 16. Approve an 8% Professional Design Service Agreement contingency ($25,708) for Job No. 1-2-4, Bushard Trunk Sewer Rehabilitation (Malcolm Pimie). 17. Approve a 5% Professional Design Service Agreement contingency ($112,577) for Job No. J-47, Cable Tray Improvements at Plant Nos. 1 and 2. 18. Approve a 2% Professional Design Service Agreement contingency ($123,285) for Job No. J-77, Effluent Pump Station Annex. 19. Approve a 5% Professional Design Service Agreement contingency ($159,901) for Job No. J-79, Air Quality Improvements. 20. Approve a 10% Professional Design Service Agreement contingency ($139,786) for Job No. J-79-1, Central Generation Automation. 21. Approve a 1% Professional Design Service Agreement contingency ($78,017) for Job No. P1-37, Primary Clarifier Nos. 16-31 and Related Facilities. 22. Approve a 3% Professional Design Service Agreement contingency ($26,403) for Job No. 131-71, Headworks Rehabilitation/Refurbishment at Plant No. 1. 23. Approve a 1.2% Professional Design Service Agreement contingency ($70,552) for Job No. P1-82, Activated Sludge Plant Rehabilitation at Plant No. 1. 24. Approve a 5% Professional Design Service Agreement contingency ($38,969) for Job No. P1-97, 66KV Substation at Plant No. 1. 25. Approve a 10% Professional Design Service Agreement contingency ($366,538) for Job No. P1-100, Sludge Digester Rehabilitation at Plant No. 1. 26. Approve a 10% Professional Design Service Agreement contingency ($1,112,958) for Job No. P1-101, Sludge Dewatering and Odor Control at Plant No. 1. 27. Approve a 2% Professional Design Service Agreement contingency ($533,802) for Job No. P2F6, Headworks Improvements at Plant No. 2. F.N. v 1w 2 HwiW Ufg59) Page 2 Book Page 34 28. Approve a 4% Professional Design Service Agreement contingency ($110,148) for Job No. P2-74, Rehabilitation of the Activated Sludge Plant at Plant No. 2. SUMMARY • The new Delegation of Authority requires that contract contingencies be set prior to July 1, 2007, on active projects that have already procured the services of a design consultant and/or a construction contractor. These contract contingencies will be authorized to be used by the General Manager. Projects that will be closed prior to July 1, 2007, have the option of not setting a contract contingency and following the old way of getting approvals directly through the committees or the Board of Directors. • For construction contracts, there is a program goal for change orders of no more than 5%. Individual contracts will have goals set at above or below 5% depending on the type of project. The contingency being requested includes previously authorized change orders as well as projected change orders. These goals and performance are tracked and reported to the Operations Committee every quarter. • The Capital Improvement Program includes over 150 projects. Some projects are complete, some projects are on-going, and some have yet to begin. The total construction contingency being requested is $22,090,098, which is 3.7% of the total original contract value of$601,754,183. This total is less than the overall program change order goal of 5%. • Professional Design Services Agreements (PDSA) do not have an overall contingency goal. Each project is so unique and dynamic that the goal is set after consideration of the project specifics. • Attached is a list of the contingencies being requested including the overall value of the contract. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION This request to establish contract contingencies is in compliance with the Orange County Sanitation District's Delegation of Authority. ATTACHMENT Contract Contingencies Report JH:MS:kf H:WepOagendaTommittees\Opemlions Commi0e Operatians 200 N 07W34.Const c ion&Engineering Contingend"Aw Fom,N0.o 1=-3 n PwolffiM Page 3 Book Page 35 CONTRACT CONTINGENCIES TABLE 1 Construction Contracts Job No, Job Title Original Contingency Contingency Contract value % value Rehabilitation of the 14th Street Pump Station and 5.5115-52 Rehabilitation*I the A Street Pump Station $ 11.697.780 6.20% $ 726,202 IOewit PeciBc Co. 1-24 Bushard Trunk Sewer Rehabilitation $ 30.003.210 6.82% $ 2,045,308 Steve P.Rados Inc 124P Bushard Trunk Sewer Pipe Procurement $ 7,699,777 4.50% $ 346,490 Amemn International Inc. 110A 66 Inch Ellis Avenue Trunk Sewer $ 31,232.600 7.50% $ 2,342,445 eamard Soletenchs MOB Ellis Avenue Pump Station Construction $ 27.717,245 5.00% $ 1,385,862 J.F.Shea Construction J 33-1A Standby Power and Reliability Improvements $ e,329,000 30.00% $ 1,898,700 Southern Cantracti Company) J 77 Effluent Pump Station Annex $ 44,735.518 1.75% $ 782,872 J.F.Shea Construction P1 37 Primary Clarifiers Nos 16-31 and Related Facilities $ 70,366,000 4.00% $ 2,814,640 Me as Construction P2-66 Headworks Improvements at Plant No.2 $192.296,073 2.50% $ 4.807,402 J.F.Shea Construction P2-90 Trickling Filters at Plant No.2 $179.678,980 2,75% $ 4,941,117 J.F.Shea Construction i i I 1I I I Book Page 36 CONTRACT CONTINGENCIES TABLE 2 Professional Design Service Agreements Job No. Job Title Current PSA Contingency Contingency Value % Value 5.50 Replacement of the Rocky Point Pump Station It 2.475.973 8.00% $ 198,078 Makolm Pima)Inc. Rehabil8al'ron of the 14th Street Pump Station and 5-51/5-52 Rehabilitation of the A Sbest Pump Station $ 2,127,683 2.80% $ S9.575 Lee 8 Ro. Inc. 7-37 Gisler-Red Hit Trunk Improvements,Reach B $ 555,780 7.00% $ 38,905 (Tape Tech. Inc. 1.24 Bushard Trunk Sewer Rehabilitation $ 3,473.938 1.50% S 52.109 (Boyle Enguranermy —Des' n 1-24 Busharo Trunk Sewer Rehabilitation $ 321.344 8.00% 5 25.708 (Malcolm Pimie Inc.—Des' n J-33-1A Standby Power and Reliability Improvements $ 3.359.932 1.00% $ 33.599 SPEC Sendces J47 Cable Tray Improvements at Plant Nos 1 8 2 S 2.251,548 5.00% S I IZ677 J-T7 Effluma Pump Station Annex S 6.164,240 2.00% S 123,285 Black 8 Veatch CMporabortl J-79 Air Quality Improvements $ 3.198.010 S.00% $ 159.901 Makolm Pimie Inc. J-79-1 Central Generation Automation $ 1,397,862 10.00% $ 139.786 Black 8 Veatch C P7 37 Primary Clarifiers Nos 16-31 and Related Facilities $ 7,801,658 1.00% 5 78.017 tin wn 8 Caldwe9 P7 71 Headworks Rehabilitation/Refuroishment at Plant No.1 S 880096 300% $ 28,000 Carollo Engineers) PI-82 Activated Sludge Plant Rehabilitation at Plant No. 1 S 5,879.342 1.20% $ 70.552 HDR E ineers P1-97 66KV Substation at Plant No. 1 $ 779.381 5.00% $ 38.969 P7 100 Sludge Digester Rehabilitation at Plant No. 1 $ 3,665,377 10.00% $ 366,538 Earth Tech Inc. PIA01 Sludge Dewatenrg and Odor Contrc at Plant No.1 $ 11.129.576 10.00% $ 1,112,958 Black 8 Veatch C tion P2£6 Headwodks Improvements at Plant No.2 $ 26,690.084 2.00% $ 533.802 Carollo Engineers) Rehabilitation of the Activated Sludge Plant at Plant No.2 P2-74 hgyfy Americas Inc. E 2,753,699 4.00% $ 110,148 H:\ntglobaMgenda Draft Repons\PDC\Contingency for CIP AR Tables 3(6).doc Book Page 37 OPERATIONS COMMITTEE Meeting Date Tosa.ofD1r. 04/04/07 09/2s/07 AGENDA REPORT Rem Number Item Number OM7-35 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Ed Torres, Director of Technical Services SUBJECT: PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS, ORDINANCE NO. OCSD-31 GENERAL MANAGER'S RECOMMENDATION Consider adopting the proposed Wastewater Discharge Regulations, Ordinance No. OCSD-31, and repealing Ordinance No. OCSD-01. SUMMARY The Source Control Division makes periodic changes in work processes and business rules which necessitate updates to the Wastewater Discharge Regulations which were last adopted effective July 1, 1998. The proposed revisions to the Wastewater Discharge Regulations are administrative in nature. The administrative updates include modification of definitions, deletion of unnecessary sections, and addition of language to clarify the intent of the Wastewater Discharge Regulations Ordinance and to include a new section on Urban Runoff. Notices of staffs intent to adopt a new Wastewater Discharge Ordinance were mailed to all Source Control's Permittees in Pretreatment, Wastehauler, Urban Runoff, and Special Purpose Discharge Programs. The letter was issued on January 26, 2007. Written responses were requested by February 14, 2007. Only one written response was submitted to OCSD. Based on receiving one written response, it is Source Control's expectation that the planned adoption of Ordinance OCSD-31 will meet with little opposition and have very little impact. The proposed changes are primarily administrative in nature and bring the Wastewater Discharge Regulations up to date with current work practices. A markup copy of the proposed changes to the Wastewater Discharge Regulations Ordinance (Attachment A) is attached for you reference. Form No,O 192-2 Pan»f U1m1A1 Page 1 Book Page 39 PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION OCSD's Source Control Division is responsible for administering and enforcing the District's Ordinance and National Pretreatment Program through an extensive permitting, monitoring and enforcement program to regulate the discharge into local sewers of pollutants from industrial facilities as well as commercial and residential communities. The National Pretreatment Program is derived from the federal Clean Water Act of 1972. The program was established to regulate the introduction of pollutants into the sewer system from industrial sources. Discharges targeted for regulation include those that will interfere with a treatment facility operation, that may pass through the treatment works and cause environmental harm, or that are otherwise incompatible with such works. The program is also intended to improve opportunities to reclaim municipal wastewater and biosolids. Recognizing the need to control the quality of wastewater discharges, the Board of Directors adopted the first Ordinance in February 1954, which was amended in February 1958, and again in April 1970. The 1970 amendments formally established the District's source control program for the purpose of issuing permits, setting discharge limits, and monitoring industrial discharges to the sewer system. In July 1976, the Ordinance was expanded to include numerical discharge limits for heavy metals. In July 1983, the Ordinance was again amended to include enforcement of EPA's newly promulgated categorical pretreatment regulations and to modify the District's local limits for cadmium, copper, and toxic organics at the levels currently enforced. In September 1989, the Ordinance was further amended to include revisions to the federal pretreatment standards and other provisions for implementation of a waste minimization program and escalated enforcement proceedings. In February 1992, the Ordinance was revised to incorporate new federal and state regulatory mandates for the administrative and civil penalties. In July 1998, the Ordinance was again amended to include the newly adopted policy pertaining to fees and charges for the use of the District's sewer system. Fom No.ow-tol-] RMeeo Munro Page 2 Book Page 39 PROPOSED CHANGES The proposed changes to the Wastewater Discharge Regulations are found in Attachment "A". The changes are primarily administrative and involve the clarification of language or definitions. Below is a brief summary of the major changes. • Class I Permittees —addition of language to deny a permit to an applicant based on inability to keep current with OCSD invoices • Enforcement—Addition of language for the Board to enact rules for administrative proceedings and to administer interim limits during an Enforcement Compliance Schedule Agreement • Permit Transfer—Addition of language for OCSD to transfer ownership of a permit if the owner retains an ownership greater than 50% • Pharmaceutical Disposal Guidelines —Addition of language to provide concurrence with the National Pharmaceutical Disposal Guidelines • Urban Runoff Program—Addition of a new section regarding all aspects of the current Urban Runoff policy • Waste Minimization Requirements—Addition of language to include Best Management Practices certification Form No.owtoza Re�+eeE MIM7 Page 3 Book Page 40 ATTACHMENT "A" ORDINANCE NO. OCSD-0431 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING WASTEWATER DISCHARGE REGULATIONS. AND REPEALING ORDINANCE OCSD NO. 01 Regulations, as aLlthGFiZed by lawi and, W�EREAS, the DiStF t :.. .. ..unary hepeewith a aGtiRq n.d eeeee NO nren net I:m'aed to g ee6:eel feetUFec o,edesec of D RtF N.. heund..F as d.e:....ee annexat an fees, would Gent mue at the same Fate w th n a revenue aFPA Aq PKIMPH in appFGVed studies and FepeFts; and, The Board of Directors of Orange County Sanitation District O( CSD) does hereby FIND: Wass; and, 2 That the MiStF Gt is FeqU Fad by federal and state law, inGlUd Ag the GIPRR _13 1251 et sea_` the GeRe... o.et.eetment Re� 3 gina"ans ren G.F.R. C1[Mc me 5 oM 5e mlua¢orakill mt l vel' ps\Tnn nvlrnqritoi F'ea\OLK13kkW 0120W"nX Revl I Page 1 of 91 Book Page 41 i i D. That the adeptien Of this OFdiRaRG8 is statuter ly exempt under theI I 1.538� I A. That the former County Sanitation Districts Nos. 1.2,3.5.6, 7. 11, 13 and 14 of Orange County. California (the "Predecessor Districts"), were nine individual County Sanitation Districts,organized pursuant to the County Sanitation District Act (California Health & Safety Code Section 4700 at seg.). By action of the Board of Directors of the Predecessor Districts,pursuant to scecific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single Sanitation District for all purposes. The application was approved,with an effective date of July 1. 1998. As of July 1, 1998, the Predecessor Districts ceased to exist, and one single consolidated County Sanitation District, known as the Orange County Sanitation District, came into existence in place of the Predecessor Districts. The District was formed to cane on the functions of the Predecessor Districts: and, B. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection. Treatment and Disposal Facilities Master Plan — 1989". hereinafter referred to as the"Master Plan".which includes detailed financial and engineering reports. was prepared. approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of OCSD Facilities, including the financial Droiections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts: and. C. That the financial and engineering reports of the Master Plan were made available to the public, both Prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the Provisions of the California Constitution and Government Code Section 66016,and other provisions of law: and. D. That the OCSD, in 1997, as part of its maintenance and updating of its Master Plan,undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years. including a detailed assessment of all types and categories of users: the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users: the total costs of the existing and future facilities in the system:and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the ono ' ski I sil m p I xiwl F' 1 Rw 1 Page 2 of 91 Book Page 42 system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999: and. E. That in June 2002 the OCSD completed the Interim Strategic Plan Update (ISPU) which further updated these critical factors and developed revised cost estimates and user fee projections for upgrading the OCSD's level of treatment to secondary standards. On July 17, 2002, after reviewing: (1) the ISPU treatment alternatives. (2) ocean monitoring data. (3) public input. (4) regulatory issues. and (5)financial considerations.the Board of Directors made the decision to upgrade our treatment to meet secondary treatment standards: and. F. That the OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, at sea.), the General Pretreatment Regulations (40 C.F.R. 403). and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seg.), to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers: and. G. That the OCSD is required by federal, state and local law to meet applicable standards of treatment plant effluent quality: and. H. Tha:the adoption of this Ordinance is statutorily exempt underthe California Environme ital Quality Act pursuant to the provisions of Public Resources Code Section 21080rb)(8) and California Code of Regulations Section 15273(a) and categowi it T exempt pursuant to California Code of Regulations Sections 15307 and 15303 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation 9istristOCS1) does hereby ORDAIN: Section I: Wastewater Discharge Regulations governing the use of DWFIGMSD sewerage facilities are hereby enacted to provide: C\Dmttmenls and SnNiygr__na-h':1 nrM Sm i-'Tmm—ary Imxmel R.,OLNISOid 0120a DW Rbvll Page 3 of 91 Book Page 43 ARTICLE 1 GENERAL PROVISIONS 101. PURPOSE AND POLICY A. This ordinance sets uniform requirements for Users of OCSD's facilities and enables OCSD to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code IU.S.C.1 section 1251 et seal and the General Pretreatment Reaulations (Title 40 of the Code of Federal Regulations rCFRI Part 403). This Ordinance shall be interpreted in accordance with the definitions set forth in Section 102. The Provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the OCSD. A_The purpose of this Ordinance is to provide for the maximum public benefit from the use of OCSO DistrieKs facilities. This shall be accomplished by regulating sewer use and wastewater discharges, by providing equitable distribution of costs. in compliance with applicable Federal, State and local Regulations, and by supporting the proper disposal of Prescription Drugs as noted in the guidelines published by the Office of National Drug Control Policy., . The revenues to be derived from the application of this Ordinance shall be used to defray all costs of providing sewerage service by the OCSD Disttist, including, but not limited to, administration, operation, monitoring, maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves; B. This ordinance is meant to protect both OCSD personnel who may be affected by wastewater, sludge and biosolids in the course of their employment and the general public: i apply to the d Fast OF ind Feet disshaFge of all kittid C. To comply with Federal, State, and local- policies and to allow the DistristOCSD to meet applicable standards of treatment plant effluent quality, bieselidbiosolids sludge quality, and air quality, provisions are made in this Ordinance for the regulation of wastewater discharges to the public sewer. This Ordinance establishes quantity and quality limits on all wastewater discharges which may adversely affect the DistristOCSD's sewerage systems, processes, effluent quality, biosolids sludge quality, air emission characteristics, or inhibit the DishiatOCSD's ability to beneficially C lDonrmntlt and'zoin %)oavdrskr i ddjdsdeoannpaav I,aun WI Fd., .KI l\ d bl 2OW D,1. II L Page 4 of 91 Book Page 44 reuse or dispose of its treated wastewater, biosolids sludge or meet biosolids skidge discharge criteria. It is the intent of these limits to improve the quality of wastewater being received for treatment and to encourage water conservation and waste minimization by all users connected to a public sewer. It is the DistricEOCSD's intent to limit future increases in the quantity (mass emission) of waste constituents being discharged. This Ordinance also provides for regulation of the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. D. Since the PistrisfOCSD is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply, the implementation of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, the Ordinance will be amended to reflect those changes. E. Since the 13isk4cEOCSD is committed to a policy for the beneficial use of biosolids sludge, the implementation of programs to land-apply or provide for the marketing and distribution of biosolids sludge may necessitate more stringent quality requirements on wastewater discharges. F. Since the DistrictOCSD is also committed to meet applicable air quality goals established by the South Coast Air Quality Management DisW OCSD, more stringent quality requirements on wastewater discharges may be required to meet such goals. 102. DEFINITIONS A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials Uniform Buildina Code, J I.--....anJ Selunns'muwrsk.Lt- +I'im us Temn ,a eI FIb JiK 13LLNd 0'12005 DmII Rev II Page 5 of gi Book Page 45 Current Edition. 1. Ad Valorem Tax shall mean that portion of the basic tax allocated for the benefit of an individual Revenue Area Diairist on the assessed value of land and improvements within its boundaries, exclusive of bonded indebtedness. 2. Assessed Value shall mean that portion of the total assessed value of the land and improvements upon which taxes are collected and allocated. 3. Best Management Practices (BMPs) shall mean schedules of activities prohibitions of practices, maintenance procedures. operating procedures, practices to control spillage or leaks, treatment requirements, and other management practices to prevent or reduce pollution or to meet Article 2 standards. 34. Biochemical Oxvaen Demand (BOD)shall mean a measurement of oxygen utilized by the decomposition of organic material, over a specified time Period (usually 5 days) in a wastewater sample. It is used as a measurement of the readily decomposable organic content of wastewater. the 45. Board shall mean the Board of Directors of the Orange County Sanitation District. 56. Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 67. Capital Facilities Connection Charge shall mean the one-time payment of a fee, imposed by the governing Board of the DistrisfOCSD, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; the and as a contributive share of the cost of the existing facilities. Said This charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to the DistF OCSD sewerage facilities as a new system user. This charge, whose rates areas set forth in a separate Ordinance, is expressly authorized by the provisions of California Health & Safety Code Sections 5471 and 5474. lOoc ml nnJ ellni ..1 mweskOLntal ..Tnm Imnn,n Fles _ 1..\ J 0120MMWIR 11 o[ Page a of 91 Book Page 46 8. Charoe For Use shall mean the DistrietOCSD's sanitary sewer service charge, a charge established and levied by the DistriG OCSD upon residential, commercial and industrial users of the ID QtricEOCSD's system, pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in proportion to the use of the treatment works by their respective class, that provides for the recovery of the costs of operation and maintenance expenses, capital facilities rehabilitation or replacement, and adequate reserves for the sewage treatment works. The minimum charge for use is the Annual Sewer Service Fee Residential Users or the Ad Valorem tax Paid to the OCSD. whichever is greater. 9. Chemical Oxvaen Demand (COD)shall mean t11e a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in wastewater. 10. Class I User shall mean any user who discharges wastewater that: a) Is subject to Federal Categorical Pretreatment Standards; or b) averages 25,000 gallons per day or more of regulated process wastewater; or c) is determined o have a reasonable potential for adversely affecting the 13istr4stOCSD's operation or for violating any pretreatment standard, local limit, or discharge requirement; or d) may cause, as d8t8FFAiRed by the GBABFal MaRag6F, pass through or interference with the Bisti+stOCSD sewerage facilities 11. Class 11 User shall mean any industrial user whose charge for use is greater than the ad valorem tax basic levy allocated to the 9istrisFOCSD, and special assessment"OCSD Sewer User Fee' included on the County of Orange secured Property tax bill exclusive of debt service,that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 12, RESERVED 13. Code of Federal Regulations (CFR) shall mean the codification of C.1noc mn n J rteM usinm vl a rol FItlSN N13Un Page 7 of 91 Book Page 47 the general and permanent regulations published in the Federal Register by the executive departments and agencies of the Federal Government. 14. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other pollutants that the BistAstOCSD's treatment facilities are designed to accept and/or remove. Compatible pollutants are non-compatible when discharged in quantities that have an adverse effect on the BisWGtOCSD's system or NPDES permit, or when discharged in qualities or quantifies violating any Federal Categorical Pretreatment Standard, local limit, or other discharge requirement. 15. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. SamplLs will be colleGled Wh9R Fnaiciufaetul 16. Connection Permit shall mean a permit issued by the gevBFRing 1)str OCSD, upon payment of a capital facilities connection charge, authorizing the permittee to connect directly to a BistAstOCSD sewerage facility or to a sewer which ultimately discharges into a Die#9 OCSD sewerage facility. 17. Control Authority shall mean the Orange County Sanitation District. ooc�c�ovcnicn 19. Department Head shall mean that person duly designated by the General Manager to direct the Technical Services Department, including the Source Control Division Laberatery nd perform those delegated duties as specified in this Ordinance. 90 neyel..�shall mean Parse' of Land n.. ...1 Gh dwellil r.ln 21. Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 22. District shall mean the Orange County Sanitation District. ¢1Doe enl.an05MmmeWxvgsxalaaA 5nam9rmm rLnemei ine-o K1I' 001200 Dnn Rnv Page 8 of 91 Book Page 48 23. Division Head shall mean that person duly designated by the General Manager to implement the PistriG OCSD's Source Control Program and perform the duties as specified in this Ordinance. 24. Domestic Septage shall mean the liquid and solid material removed from a septic tank, cesspool, portable toilet. Type III marine sanitation device, or similar treatment works that receives only domestic wastewater. 25. Domestic Wastewater shall mean the liquid and solid waterbome wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. 25. Downstream Sampling or Monitoring shall mean sampling or monitoring usually conducted in a city or agency owned sewer for the purpose of determining the compliance status of an industrial or �f commercial discharger. 26. Cl..�shall ...eon a . iRgIS ,,..a . Foyiding Ge...�P and saaitatt GP— 27. ,r. Weather Urban Runoff shall mean surface runoff flow that is generated from any drainage area within OCSD's service area ,%firing a period that does not fall within the definition of We ,eather. It is surface runoff that contains pollutants that interfere c ah or prohibit the recreational use and eniovment of oublic : :-aches or cause an environmental risk or health hazard. 28. Rc.,��`]�P Enforcement Compliance Schedule Agreement Ef CSA) shall mean a mutual agreement between the PistriGEOCSD and permittee requiring implementation of necessary pretreatment practices and/or installation of equipment to ensure permit compliance. 29. Federal Categorical Pretreatment Standards shall mean any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean C 10Ww0 of ni-an Sn u•�Vm xF'os1CLK1J1lLtl 01]a050rW,Hev11 91.tleu .gwwuWe«+a+ � _ Page 9 of 91 Book Page 49 i Water Act (33 U.S.C. 1317)which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. j I 30. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 � and following, and any regulation promulgated by the United States i Environmental Protection Agency under Title 40 CFR implementing that act. l agave 32. Flow Monitoring Facilities shall mean equipment and structures provided at the user's expense to measure, totalize, and/or record, the incoming water to the facility or the wastewater discharged to the sewer. 33. General Manager shall mean the individual duly designated by the Board of Directors of the 9istfietOCSD to administer this Ordinance (REFER TO SECTION 107). 34. Grab Sample shall mean a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. 35. Industrial User shall mean any user that discharges industrial wastewater. 36. Industrial Wastewater shall mean all liquid-carried wastes and wastewater of the community, excluding domestic wastewater and domestic septage, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other operation. 37. Infect pug Waste shall mean RFe likely to transmit OO Gam% GG 1". n 1 I,,, -A avorskp II nATgm r IM11111.1 Fl \ M0.1 Ot 20.pn„Ruo I Page 10 of 91 Book Page 50 38. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. 39. Interference shall mean any discharge which, alone or in conjunction with a discharge or discharges from other sources, either. a) inhibits or disrupts the BistristOCSD's Cts treatment processes or operations, or its biosolids elwdge prooeaees, use, or disposal; or b) or is a cause of a violation of any requirement of the DletA OCSD's NPDES permit or prevents lawful biosolids or treated effluent skiAge use or disposal. 40. LEL(Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air(usually expressed in percent by volume at sea level)which will ignite if an ignition source (sufficient ignition energy) is present. 41. Local Sewering Agency shall mean any public agency or private corporation responsible for the collection and disposal of wastewater to the DistfistOCSD's sewerage facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 42. Maior Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by 20% or more, or b) a discharge exceeding a concentration limit by 20% or more, or c) a pH discharge less than 5.0. 43. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 44. Maximum Allowable Discharge Limit shall mean the maximum quantity or concentration of a pollutant allowed to be dischamed at 9 Page 11 of 91 Book Page 51 any period of time. 44. May shall mean permissive or discretionary. 45. Medical Waste shall mean the discharge of isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 46. Milligrams Per Liter(mg/L) shall mean a unit of the concentration of a constituent or compound that is found in water or wastewater . It is 1 milligram grarn-of the constituent or compound in 1b80-liters of water or wastewater. N has FBP!aGed the unit feFrneF!y used, parts per million, te whiGh wastewateF analysis. 47. Minor Violation shall mean a discharge over the permitted discharge limit as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by less than 20%, or b) a discharge exceeding a concentration limit by less than 20%, or C) a pH discharge equal to or greater than 5.0, but less than 6.0, or d) a pH discharge greater than 12.0. 48. North American Industry Classification System (NAICS) shall mean an industry classification system that aroups establishments into industries based on the activities in which they are primarily engaged. 48. National Pollutant Discharge Elimination System Permit(NRQW (NPDES Permit) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in Public Law 92-500, Section 402. fi o xtl 'eli, \ a FiLLncnl lin a\Tem a, Inl r el FII 1 \ rtl 10N Ird R 01 tln _ Page 12 of 91 Book Page 52 50. New Source shall mean those sources that are new as defined by 40 CFR 403.3(k) as revised. 51. Non-Compatible Pollutant shall mean any pollutant which is not a compatible pollutant as defined herein. 52. Normal Working Day shall mean the period of time during which production or operation is taking place or any period during which discharge to the sewer is occurring. 53. OCSD shall mean Orange County Sanitation District RE-S€RV€� 54. DWriGtOCSD Sewerage Facility or System shall mean any property belonging to the 9istrisEOCSD used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or biosolids sludge. 54. Ordinance shall mean that document entitled "Wastewater Discharge Regulations" containing 94t4 OCSD requirements, conditions, and limits for connecting and discharging to the sewer system, as may be amended and modified. 55. i)H shall mean both acidity and alkalinity on a scale ranging from 0 to 14 where 7 represents neutrality, numbers less than 7 increasing acidity, and more than 7 increasing alkalinity, and is the logarithm of the reciprocal of the quantity of hydrogen ions in moles per liter of solution. 56. Pass Through shall mean discharge through the 9istristOCSD's sewerage facilities to waters of the U.S. which, alone or in conjunction with discharges from other sources, is a cause of a violation of the 9ietristOCSD's NPDES permit. 57. Permittee shall mean a person who has received a permit to discharge wastewater into the 9istF OCSD's sewerage facilities subject to the requirements and conditions established by the P OF GEOCSD. 58. Person shall mean any individual, partnership, copartnership. company, firm, association, corporation or public agency, joint stock company, trust. estate, or any other legal entity: or their legal representatives, agents, assigns. including all Federal. State, and local governmental entities the state 0 GaJqfeFRqa and the URked Staten-ef-America. 59. Pesticides shall mean those compounds classified as such under Vlo „rcnit unJ..nl4n .! eban-al , s\iem Ftl s KI , M 2D%W.,R—I I 0 rin _ Page 13 of 91 Book Page 53 I Federal or State law or regulations including, but not limited to DDT (dichlorodiohenvltrichloro-ethane, both isomers). DDE , (dichlorodiohenvl-ethylene). DDD (dichlorodiohenvldichloroethane). Aldrin. Benzene Hexachloride (aloha fal, beta f61. and oamma isomers). Chlordane. Endrin. Endrin aldehyde. j 2.3.7.84etrachlorodibenzo-p-dioxin (TCDD), toxachene. tx-endosulfan. F-endosulfan. Endosulfan sulfate. Heptachlor. Heptachlor epoxide. Dieldrin. Demeton. Gulhion. Malathion. Methoxychlor. Mirex. and Parathion. theme listed In �entqon 209AA 60. Pollutant shall mean any constituent, compound. or characteristic of wastewaters on which a discharge limit may be imposed either by the 8istr+stOCSD or the regulatory bodies empowered to regulate the 13iOF OCSD. 61. Polychlorinated Biphenyls (PCB) shall mean those compounds classified as such under Federal or State law including, but not limited to Aroclors 1016. 1221, 1228, 1232, 1242,1248, 1254, 1260. and 1262.these IiAt8d iR SAGtOR 209A.2 62. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a level authorized by the BistF 9EOCSD prior to or in lieu of. discharge of the wastewater into the 9istricfOCSD's system. The reduction or alteration can be obtained by physical, chemical or biological processes, byef process changesLr by other means. 63. Pretreatment Facility shall mean any works or devices that the General Manager determines are appropriate to treat, restrict, or prevent the flow of industrial wastewater prior to discharge into a public sewer. 64. PriorityPollutants shall mean the most recently adopted list of toxic pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as non-compatible pollutants and may require pretreatment prior to discharge in order to prevent: a) interference with the 9istf OCSD's operation; or b) biosolid sludge-contamination; or c) pass through into receiving waters or into the atmosphere. 0ocumenl and krl.a I nqs%Temma,y WePM FoeskOLK1,10d 01 20M DmItR 1 IJ Ala, _ Page 14 of 91 Book Page 54 65. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this State. 66. Public Sewer shall mean a sewer owned and operated by the BistrietOCSD, a city or other local sewering agency which is tributary to the DigiristOCSD's sewerage facilities. 67. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, at seq.) and as amended. 68. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of the DistF OCSD including, but not limited to, the following: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB). c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB). d) South Coast Air Quality Management District (SCAQMD). e) California Environmental Protection Agency (Cal-EPA). 69. Regulatory Compliance Schedule Agreement(RCSA) shall mean an agreement between the Diettie6OCSD and permittee requiring the permittee to implement pretreatment practices and/or install equipment to ensure compliance with future revised categorical pretreatment standards or revised discharge limits. 70. Sample Point shall mean a location appreveel accepted by the DistF+G OCSD, from which wastewater ran be collected that is representative in content and consistency of the entire Flow of wastewater being sampled. 71. Sampling Facilities shall mean structure(s) provided at the user's expense for the Distr OCSO or user to measure and record wastewater constituent mass, concentrations, tolled a representative sample, or provide access to plug or terminate the discharge. 72. Sanitary Waste shall mean domestic wastewater, human n L'_�1—Lsn psM ntxi Smnmslemnux vine�rel ydmQLKIIVA 01000OMIRWI Page 15 of 91 Book Page 55 excrement and gray water(household showers, dishwashing operations, etc). 73. Septic Waste shall mean any sewage from holding tanks such as vessels. chemical toilets, campers, trailers, and septic tanks. 74. Service Area shall mean an area for which the OCSO has agreed to either provide sewer service. or wastewater treatment, or wastewater disposal 74. Sewage shall mean wastewater. 75. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater or aad-sludge or biosolids. 76. Shall means mandatory. 77. Significant Non-Compliance (SNC) shall mean the compliance status of an industrial user who is in violation of one or more of the feAewing criteria as described in 40 CFR 403: a six ath peFi d e.aaeed the da'y maximum OF the fat ail and a.ease Tor — e Fa. onn Tee fats, a s. and ail and gFBa.... The Tor fe. all .s Gth8F pollutants ex6ept pH — =q alss�.2. . ...hinaHae VO th athe.din..hafgen te.ie.eaee OF Puss thmughi d\ y d'c..haFge ei a ..eNtaat that hRR G i ed :m ent vl e..dangeRpent to human health . aelfa.a. OF the enyiFeRFAeR autheAkesi C\Dowmenls Antl Sah s a Mkiq real , s\Tam ar Im Ftl M d 01 R 1 Page 16 of 91 Book Page 56 fiRal G9Fnpi anGei 78. Sluq Load shall mean a discharge that exceeds the prohibitions stated in Section 2019 and significantly exceeds the usual user flow or pollutant loading, either mass or concentration. 79. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supemate from a manufacturing process, utility service, or pretreatment facility. 80. Special Assessment Credit shall mean the portion of the secured property tax bill that represents the special assessment sewer user fee as defined by the OCSD. 80. Special Purpose Use shall mean any discharger who is granted a Special Purpose Discharge Permit by the 9istrictOCSD to discharge unpolluted water, storm runoff, or groundwater to the 9istr' OCSD's sewerage facilities. 81. Spent Solutions shall mean any concentrated industrial wastewater. 82. Spill Containment shall mean a protection system installed by the permittee to prohibit the discharge to the sewer of non-compatible pollutants. 83. Budget. f. itl nJ ellin s\ ew kpl.n nl i L e Fi \ K1 1 tl UI10 Lnl Pe I N Page 17 of 91 Book Page 57 i 84. Standard Methods shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation. 85. Suspended Solids shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said waste by laboratory filtration as determined by the appropriate testing procedure and expressed in terms of milligrams per liter. 86. Tax Credit shall mean that portion of the basic levy on the discharger's County of Orange Ad Valorem Tax Bill allocated to the BiskietOCSD and/or the Annual Sewer Service Charge on the tax bill. The basic levy does not include taxes for bonded indebtedness. 87. Total Organic Carbon (TOC) shall mean the measure of total organic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 88. Total Toxic Organics (TTO) shall mean the summation of all quantifiable values greater than 0.01 milligrams per liter for the oroanics regulated by the EPA or OCSD for a specific industrial category. 88. Unpolluted Water shall mean water to which no pollutant has been added either intentionally or accidentally. 89. User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger or Industrial User. 90. Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 91. Waste Manifest shall mean that receipt which is retained by the generator of hazardous wastes as required by the State of California or the United States Government pursuant to RCRA, or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by the Disirir OCSD. c�ouu�m�,ds a,e c«mn, s ..n %norm , :Tarn halm Rn %aK I .adm nnwn Page 18 of 91 Book Page 58 92. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the BisfrlstOCSD's system. 93. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. 94. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. 95. Wet Weather shall mean any period of time during which measurable rainfall occurs within of OCSD's service area. This period shall include the time following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's sewerage system. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 103. CONFIDENTIAL INFORMATION All user information and data on file with the D3isNiefOCSD shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the 9istrietOCSD that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality, made by the permittee must meet the burden necessary for withholding such information from the general public under applicable State and Federal Law. Any such claim must be made at the time of submittal of the information by marking the submittal "Confidential Business Information"on each page containing such information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Wastewater constituents and characteristics and other effluent data as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to th9.e public. m.X $Hlin s xShiLLmal u os\Tarn M1 0R, Iles\ LK1J\O,tl 012W5[IrnM1 evH Page 19 of 91 Book Page 59 104. TRANSFER OF PERMITS A. Permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or for a specific wastehauler, and create no vested rights. 1. No permit may be transferred to allow a discharge to a public sewer from a point other than the location for which the permit was originally issued. 2. Except as expressly set forth herein, no permit for an existing facility may be transferred to a new owner and/or operator of that facility. B. At least thirty (30) days prior to the sale or transfer of ownership of any business operating under a permit issued by the 8istF G OCSD, the permittee shall notify the 9istFi OCSD in writing of the proposed sale or transfer. The successor owner shall apply to the gietr OCSD for a new permit at least fifteen (15) days prior to the sale or transfer of ownership in accordance with the provisions of this Ordinance. A successor owner shall not discharge any wastewater for which a permit is required by this Ordinance unfil a permit is issued by the DiskidOCSD to the successor owner. C. Notwithstanding the foregoing, the gistriG OCSD may, in its discretion, allow the transfer of a permit to a new owner and/or operator, at the same location for which the permit was originally issued, if: 1. The existing permittee and the proposed new owner and/or operator provide the PistriG OCSD with written notification of the intended transfer at least thirty (30)days in advance of the transfer date; and _ -•ie previous owner retains an ownership interest in the facility of greater than fifty percent(50%). 2. The DisbistOCSD approves, in writing, the permit transfer prior to commencement of operations by the new owner and/or operator. D. The written notification of intended transfer shall be in a form approved by the DisNisEOCSD and shall include a written certification by the new owner and/or operator which: 1. States that the new owner or operator has no immediate intent to modify the facility's operations and/or processes; P:Rhgimxn nnJ stn.:n . _�W,m I nu%%Temmai Y 1 I mm Fil a KIJ rl a m pm RmI Page 20 of 91 Book Page 60 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges that the new owner or operator is fully responsible for complying with the terms and conditions of the existing permit and all provisions of this Ordinance. 105. EFFECT OF TRANSFER OF PERMITS Except as expressly set forth in Section 104.C, any permit which is transferred to a new owner and/or operator or to a new facility is void. 106. AUTHORITY The ID AtfistOCSD is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of Federal and State Law. Federal and State Laws grant to the DistFistOCSD the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to the DiskisEOCSD's sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the DistFietOCSD's sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the DistrietOCSD's boundaries, including those users that are tributary to the DistFistOCSD or within areas for which the Di&9EOCSD has contracted to provide sewerage services. The DistrisEOCSD has the authority pursuant to California Health and Safety Codes 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by the DistrictOCSD either within or without its territorial limits. 107. DELEGATION OF AUTHORITY Whenever any power is granted to or a duty is imposed upon the General Manager, the power may be exercised or the duty may be performed by any person so authorized by the General Manager. 106. SIGNATORY REQUIREMENTS Reports and permit applications required by this Ordinance shall contain the following certification statement: C'1Doc m aM Sn n Skn out Ja L Y54emnn,e I v niernel FIeYQLKI 3,0rJ M 200 Dnel Rev II r31 J^AtYIaB _ Page 21 of 91 Book Page 61 I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of perjury that this information was obtained in accordance with the Federal Pretreatment Requirements. Moreover, based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties not limited to fines and imprisonment for submitting false information., ' The statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 40342 '` nor as defined and designated by the OCSD. i ,1 ❑aponimanb onJ Sn Ln , k' I ' \ w FII VO IM AI 11 Y0. W�OO LpRAW0.Y00 Page 22 of gf Book Page 62 ARTICLE 2 GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE 201. PROHIBITED DISCHARGES These prohibitions apply to all users of the DistrietOCSDs facilities whether or not they are subject to Federal Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements. A. General Prohibitions. 1. No user shall introduce or cause to be introduced into the DistAGtOCSD any pollutant, wastewater, or flow which causes pass through or interference or would cause the DistrietOCSD to violate any Federal, State, or local regulatory requirement. 2. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause the QistristOCSD to violate any Federal, State, or local regulatory permit. 3. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to the DishisEOCSD's sewerage system without written permission from the DOCSD. 4. No person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the gisttietOCSD's sewerage facilities wastewater which contains any substance that is defined as a hazardous waste by the Regulatory Agencies. B Specific Prohibitions. No user shall introduce or cause to be introduced into the sewerage facilities, pollutants, substances, or wastewater which, 1. Create a fire or explosive hazard in the sewerage facilities including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21 or producing a gaseous mixture that is 10% or greater of the lower explosive limit (LEL)_ 2. Cause obstruction to the flow in the sewer system resulting in interference or damage to the sewerage facilities. „Is eM$BM, t .uursluLLo[A$ Iinus%Tdn w hl$A eI FlIesI Kt . d 01 Mp t R I I l _ Page 23 of 91 Book Page 63 3. Produce noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. 4. Result in toxic gases, vapors, or fumes within the sewerage facilities in a quantity that may cause acute worker health and safety problems. 5. Contain any radioactive wastes or isotopes except in compliance with applicable regulations from other governmental agencies t empowered to regulate the use of radioactive materials. 6. Cause, alone or in conjunction with other sources,the 8istfistOCSD's treatment plant effluent to fail a toxicity test. 7. Cause the DistristOCSD's effluent or any other product of the treatment process, residues, biosolids, sludges or scums, to be unsuitable for reclamation, reuse or disposal. 8. Cause discoloration or any other condition which affects the quality of the DISWstOCSD's influent or effluent in such a manner that inhibits the 84st4at0CSD'S ability to meet receiving water quality, f, biosolids sludge quality, or air quality requirements established by Regulatory Agencies. 9. Create excessive foaming in the sewerage facilities 10. Violate any applicable Federal Categorical Pretreatment Standard, statute, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the operation of or discharge of wastewater through the sewerage facilities. 11. Has a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit(40 degrees Centigrade). 12. Has a pH less than 6.0 or greater than 12.0. 13. Has a maximum Biochemical Oxygen Demand (BOO)greater than 15,000 pounds per day_; -fieunds-9er-dari 14. Is in excess of the permitted mass emission rates established in C Wooimenls nnJ Se,ling•.Temnomrvlinenet F,Iur%01 k11'LVJ 01200s01.11R6V11 LJ nt'f _ Page 24 of 91 Book Page 64 accordance with Section 21240, or the concentration limits set forth in Table I, or the discharge permit. 14. Contains material which will readily settle or cause an obstruction to flow in the sewer resulting in interference, such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, cat litter, asphalt, wood, bones, hair, and fleshings. 202. PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit or to establish an artificially high flow rate for permit mass emission rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER A. No person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to the 8iskistOCSD's sewerage facilities except as provided herein. Pursuant to Section 304 or 305, at seq., the DistFinlOCSD may approve the discharge of such water or wastewater only when no alternate method of disposal is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters or wastewater shall require a Dry Weather �':_:noff Permit or a Special Purpose Discharge Permit from the 8istriet CSD. C. If a permit is granted for the discharge of such water or wastewater into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the DistastOCSD. 204. PROHIBITION ON UNPOLLUTED WATER A. No person shall discharge unpolluted water such as single pass cooling water directly or indirectly to the DishidOCSD's sewerage facilities except as provided herein. Pursuant to Section 305, at seq., the Distan OCSD may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the DistrictOCSD. C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall C:!DeomenP.anu::•` :rskrl Mal$R!inm:Tsmro rvin!enrel Files!OLNll�Gtl L120W Dn Revl L3l tl^c _ Page 25 of 91 Book 165 meet such other conditions as required by the DistrictOCSD. al a9eRGy empoweFed to regulate the use of Fad oaGt ve mater als; and feFsafe-dispesal-and D. The-gersea-hR6 Abta red C-896 1 permit•FeFR the DiStriGt. 206. PROHIBITION ON THE USE OF GRINDERS A, Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. B. Waste from Food Service Establishments operating a grinder is Prohibited and shall not be discharged into a public sewer unless written authorization from the OCSD General Manager or his designee is obtained. 207. PROHIBITION ON POINT OF DISCHARGE No person, except local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the PistriGEOCSD upon written application by the user and payment of the applicable fees and charges established herein. 208. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO THE DISTRtGTOCSD'S SEWERAGE SYSTEM AND WASTEHAULER STATION A. No Wastehauler shall discharge to the OCSD's sewerage system. \DOcumY.nb YnJ hint ..wuviukil Ili1 STnm ar lillfip161 Fles K \ tl0120NDWR,,11 LI1L _ Page 26 of et Book Page 66 domestic septaae or other approved waste or wastewater septic-waste; eesspeel wastes, from a vacuum pumping truck or other liquid waste transport vehicle, without first obtaining both a valid Orange County Health Care AgencyBepartmeat Permit and a OCSD Wastehauler Permit as required by Section 306. Such wastewaters shall be discharged only at a-locations designated by the Oistr CCSD, and at such times as established specified by the DistrisEOCSD. The 8ietristOCSD may collect samples of each hauled load to ensure compliance with applicable standards. B. No Wastehauler shall dischargeiag domestic septaae or other approved waste or wastewater constituents min excess of these specified in the FeGPBGt ve permit-based on-the-Limits Waste in Table I. C. The discharge of industrial wastewater by any Wastehauler is prohibited unless written permission of the General Manager has been obtained, the proper permits have been obtained, and the waste meets Federal and State limits applicable to the user from which the waste was obtained; or Maximum Local Discharge Limits as specified in Table I, whichever are more stringent. The discharge of hauled industrial wastewater is subject to all other requirements of this ordinance. D. No Wastehauler shall discharge wastewater to sewers that are tributary to the OCSDs sewerage facilities that are from a source that is not within the OCSD's service area unless prior authorization is aranted by the General Manager or his designee. D. No Wastehauler shall discharge directly or indirectly to the sewerage facilities any material defined as hazardous waste by RCRA or 40 CFR 261. E. the 69WeFage Wastehaulers shall provide a waste-tracking form 10-. every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. F. Discharge at the OCSD disposal station shall be through an appropriate hose and connection to the discharge port. Discharoina waste directly to the surface area of the disposal station is prohibited. G. Wastehauler hoses must be connected to the disposal station discharge C1Domimnnlp nnJ Snlwvipuneorsknl I ' \ QW1101 K1ThJ 01 Page 27 of 91 Book Page 67 port when being cleaned. H. Transferring loads between trucks or from portable toilets to trucks on OCSD Property is prohibited unless permission from OCSD is obtained. 209. RESERVE a cTRD-r_TH nun GHARACTMUST= rentigFade\ a whieh souses the temperet • Rt 16e 1we.tmee1 2. Hayi .n a p14 less than 6.0 OF nmMe..thorn 17 0 b.11.....:n... A.ne.l..en 1016 1441 1229 1232 14e14 1249 105.1 oesti..ides i..e.l• de. 6.d mFe not limAe.d to the fallowing: nnr 9m�meMs Sxllin s ki nul �os.Tem mW Flles Kl Ml d 012 ILRwll aI. Page 28 of 91 Book Page 68 M nteFfeFORGe with the sewerage faGilit as. 7. Rrod ales o^e 1"Fnit /sea s� that as 10%9FF �a of F�r_o�t e yI CI \ e.Iv..,, a Glosed n n fIaGhP,;Rt n{ less than FFI@thOdS n enif ed in 40 GFR ORS 21 @. S6Rfa RiR^y-,.^..nnW RI ;.,�,:�..,.gh will o� ' Rdi!y settle orcause an nti..f000dootronf�,.n nAh WAPF nnA ..ande an nnlieable paft of sash • peFFA T4.nn8 Fates shall ha lagged an Table 1, LOW! DiSGhaFq@ LifflitS, OF FedeFal Gat@99FiGal B. To .,e.iL, the USe4 OpeFatiRg data, the 1)StFiGt .r. Fed..et'ae Fates. G. The Distrist FRay FeV:Be I FRU OF Mass aFRqSsieRatesPrevieas4yl 1). Theof...at^ t ,moore sotald: aFt:fin h h flew Fate��9f__ter_„asa r Fna.. �ess�se sh„^�.�,.,o:a,.�-.,,y.,-,. s 21044. PROHIBITION ON MEDICAL WASTE A. No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other G'.rDucum„nlrvnntl SeM1inm\uavmekiV seal Sali,uslTemmm�ry Inmrim Fof\IJLKITDtl OIZ0 Crvf Rbv1 l9l do _ Page 29 of 91 Book Page 69 medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the General Manager. B. The DistrisEOCSD shall have the authority to require that any discharge of an infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. 2112. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the 9istristOCSD or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three years, and made available to the BistristOCSD upon request. 21249. MASS EMISSION RATE DETERMINATION A. Mass emission rates for non-compatible or compatible pollutants that are present or anticipated in the user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on Table I, Local Discharge Limits, or Federal Categorical Pretreatment Standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the General Manager or his designee. B. To verify the user's operating data, the DistdstOCSD may require a user to submit an inventory of all wastewater streams and/or records indicating production rates. C. The DistrieEOCSD may revise limits or mass emission rates previously established in the discharger's permit at any time, based on: current or anticipated operating data of the discharger or the BistristOCSD; the DistrisiOCSD's ability to meet NPDES limits; or changes in the requirements of Regulatory Agencies. D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. �Documatls oml -Mm : xwrskiLLm'N R7 rer,I,tlmi Faesl KI3 01200apall Havll L'— Page 30 Of 91 Book Page 70 TABLE ORANGE COUNTY SANITATION DISTRICT MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS(a) CONSTITUENT MILLIGRAMS/LITER Arsenic 2.0 Cadmium 1.0 Chromium(Total) 2.0 Copper 3.0 Lead 2.0 Mercury 0.03 Nickel 10.0 Silver 5.0 Zinc 10.0 Cyanide(Total) 5.0 Cyanide(Amenable) 1.0 Polychlonnated Biphenyls 0.01 Pesticides 0.01 Total Toxic Organics 0.58 Sulfide(Total) 5.0 Sulfide(Dissolved) 0.6 Oil and grease of mineral or petroleum origin 100.0 130D 15.000 Ibs/dav MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE WAST€ CONSTITUENT MILLIGRAMSILITER Cadmium 1.0 Chromium 2.0 Copper 26.0 Lead 10.0 Nickel 10.0 Zinc 50.0 (a): Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. i�1 ouma nvnlJ§aJp9N l�R��I Salt u.�ixmoomwImernu Flba�OLNI]brtl 0120MDrill Rwif LLrA�uNPWrWOM.�anIM0ROR6UWr0411&d_0�]OOaDr01RMWAw Page 31 of 91 Book Page 71 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES 301. INTRODUCTION A. To provide the maximum public benefit from the use of PIMA OCSD sewerage facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. The DistFistOCSD reserves the right to establish, by Ordinance or in Wastewater Discharge Permits, more stringent standards or requirements on discharges to the Dists OCSD's sewerage facilities if deemed by the General Manager appropriate to comply with the objectives presented in the Introduction and Summary of this Ordinance and the prohibitions and limitations in Article 2. B. The discharge permit shall be in one of five six forms and is dependent upon the type of discharger, volume, and characteristics of discharge. The six five discharge permits are: 1. Class I Wastewater Discharge Permit. 2. Class II Wastewater Discharge Permit. 3. Dry Weather Urban Runoff Dischame Permit RESERVED 4. Special Purpose Discharge Permit. 5. Wastehauler Discharge Permit. 6 TFanspeFtablp Tru..F,nAnt n't D RphaFge Permit. 302. CLASS I WASTEWATER DISCHARGE PERMITS A. No user requiring a Class I permit shall discharge wastewater without obtaining a Class I Wastewater Discharge Permit. B. Class I Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the DiskistOCSD. The conditions of Wastewater Discharge Permits shall be enforced by the PIMA OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class I users proposing to discharge directly or indirectly into the tpuaimznl:nnJ SrtlLnos', a,A&—lS .,.n ,'T. a,v Imenwl FBP5101.kt1 01 IOWflail R-11 �fyrinr Page 32 of 91 Book Page 72 1)RtNn OCSD's sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 302.1 and paying the applicable fees pursuant to Section 302.3. For purposes of this Ordinance, a Class I user is any user: 1. Subject to Federal Categorical Pretreatment Standards; or 2. Discharging wastewater which averages 25,000 gallons per day or more of regulated process water; or 3. Discharging wastewater determined by the DigtO OCSD to have a reasonable potential for adversely affecting the DietristOCSD's operation or for violating any pretreatment standard, local limits, or discharge requirement; or 4. Discharging wastewater which may cause, as determined by the General Manager, pass through or interference with the DistrictOCSD's system. 302.1 Class I Wastewater Discharge Permit Application A. Any person required to obtain a Class I Wastewater Discharge Permit shall complete and file with the DistristOCSD, prior to commencing discharge, an application on the form prescribed by the DistrietOCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), NAICS S.-.G number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 'a� „s :,wrsani ncai , strum e , eia,�m ooe r �n 9 _ Page 33 of 91 Book Page 73 7. Wastewater constituents and characteristics as required by the DiskiG OCSD, including, but not limited to, those mentioned in Section 21240, Mass Emission Rate Determination, and Table I, Local Discharge Limits, of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the DistriR OCSD. B. Time and duration of discharge. 9. Number of employees Per shift and average hours of work per employee per day for each shift. 10. Waste minimization, best management practices. and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the 8isirietOCSD to properly evaluate the permit application. D. After evaluation of the data, the BistristOCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the DistristOCSD's sewerage facilities. E. The permit application may be denied if the applicant fails to establish to the DistF* OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to F.W,1 LKIIQ,d Ot 20W DrA Rwfl _ er1B.Yae Page 34 of 91 Book Page 74 comply with applicable discharge limits. F. The permit application may be denied if the applicant has in the past demonstrated an inability to keep current with OCSD invoices for items such as Permit Fees, Non-Compliance Fees. Civil Penalties, Administrative Civil Penalties. Charges for Use. and Supplemental Capital Facilities Capacity Charges. 302.2 Class I Permit Conditions. and Limits A. A Class I permit shall contain all of the following conditions or limits- 1. Mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the 13istrislOCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the user's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards. BMP-based Categorical Pretreatment Standards and/or local limits. and/or waste manifests. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by DiskictOCSD. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring facilities, and sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. 4. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. �T R v nr P Page 35 of 81 Book Page 75 5. Other terms and conditions which may be appropriate to ensure compliance with this Ordinance or determined by the General Manager or his designee to be appropriate to protect the sewerage system. 6. he apPFOPF4 %go system. 302.3 Class I Permit Fee A. The Class I permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of permit must be received by the 9istA OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 302.4 Class I Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The DistFi OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the DistrisfOCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. New source indirect dischargers shall be required to install and start up any necessary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatment Standards not to exceed thirty (30) days after the commencement of discharge. C. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested CILMI—As urW u,V.q._n:m. AV 1S 1,.—IT nm —Imemal F..101 KI i'pd 01 I0MD.Rank LLd _ Page 36 of 91 Book Page 76 change, and the reasons for the change. The INstristOCSD shall review the request, make a determination on the request, and respond in writing. D. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 302.5 Class I Permit Duration and Renewal Class I permits shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class I Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the 91sWWAQCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in 9istcistOCSD facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class I Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the unit charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the 9istrisEOCSD. Annually, the 9istFistOCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the DistristOCSD. A credit to the permittee will be allowed against this permit charge for use, equal to the annual ad valorem tax basic levy allocated to the 9istr OCSD for the property for which a permit has been issued by the DistrisEOCSD. A credit will also be allowed for any sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. C. Current property tax bills shall be supplied by the permittee to the DistristOCSD by May 31 of each year for use in determining the ad valorem tax credit and/or the sanitary sewer service credit. If the tax bills C:IDacumenle unJ Sal s\u:nwsbll.acnl uellii ,\i5m of11111110 Files\OWMOI 11 R11, Page 37 of 91 Book Page 77 are not supplied, the 9i0isEOCSD will endeavor to obtain the data. Data obtained by the DistristOCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for 1)stristOCSD administrative costs when ad valorem property tax or sanitary sewer service charge data are obtained by the Distri8 OCSD. The amount of the fee shall be adopted by the PistricEOCSD's Board of Directors. D. In order for the DIat116tOCSD to determine actual annual water use, the user shall provide to the DistristOCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the DistriGEOCSD will endeavor to obtain the water use data. Data obtained by the DisIWOCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for 1)strastOCSD administrative costs when the PistFi OCSD obtains water use data. The DION EOCSD's Board of Directors shall adopt the amount of the fee. E. The charge for use shall be computed by the following formula: Charge for Use = VoV+ %B + SaS-Tax Credit Where V =total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S =total annual discharge of suspended solids, in thousands of pounds V0,B0,S0 = Unit Charge rates established and adopted by Ordinance of the BisKiGEOCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: F. The Unit Charge rates in the charge-for-use formula shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This Charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable requirements of State and Federal Regulatory Agencies. mcvn emr �ynew�xegweaa _ Page 39 of 91 Book Page 78 The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement Service component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among wastewater charge parameters of flow, biochemical oxygen demand, and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand, and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The Unit Charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for V., and in dollars per thousand pounds for B. and Sa. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOD of the wastewater and the parameter of measure. This relationship shall be used by the 8 sk ct .-,SD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 10 �uu!.Snl,ci::rmrir_rt 4,& n ', v v m h�,.rnwv uia�ry n- n IBLn��.w:We�W PDR6Nora�o�Nwtaeec Page 39 of 91 Book Page 79 303. CLASS II WASTEWATER DISCHARGE PERMITS A. No user requiring a Class II permit shall discharge wastewater without obtaining a Wastewater Discharge Permit. B. Class II Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the BistrictOCSD. The conditions of Wastewater Discharge Permits shall be enforced by the DistrisEOCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class II users proposing to discharge directly or indirectly into the DiekictOCSD sewerage facilities shall obtain a Wastewater discharge Permit by filing an application pursuant to Section 303.1 and paying the applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a Class II user is any user: 1. Whose charge for use is greater than the ad valorem tax basic levy allocated to the OCSD. and special assessment"OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary. and that is not otherwise required to obtain a Class I ep rmit. and 2. Discharging waste other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharge Permit Application A. Any person required to obtain a Class 11 Wastewater Discharge Permit shall complete and file with the 8istristOCSD, prior to commencing discharge, an application on the form prescribed by the DistA OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s) and NAICS 94..E number(s); description of the manufacturing process or service activity. 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 'inIM101 skillM l \im MFI Il It Page 40 of 91 Book Page 80 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the Distr+cEOCSD, including, but not limited to, those mentioned in Section 21240, Mass Emission Rate Determination, and Table I, Local Discharge Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the DistristOCSD. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Waste minimization best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to properly evaluate the permit application. ��mmnu m,a seunan�aa.wrsxar,rn se,rnaa�nmrn.nn ennn r,Lr:eaeroseuron nr zoos nrm eevi nnr _ Page 41 of 91 Book Page 81 D. After evaluation of the data furnished, the Dig#AEOCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the 8istrietOCSD's system. E. The permit application may be denied if the applicant fails to establish to the DistricEOCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions. and Limits A. A Class II permit shall contain all of the following conditions or limits: 1. Applicable mass emission rates and concentration limits regulating non-compatible pollutants. 42. Requirements to notify the DiRtF OCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 2;. Location of the user's on-site sample point. 3'. Requirements for submission of technical reports, production data, discharge reports, and/or waste manifests. 4_. Requirements to submit copies of tax and water bills. B. A Class II permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring and/or sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 4. Requirements to self-monitor. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as t0 ', "", m'I,F 'IS „ u uATsmno ln�i,in Flas\OI KI 3\O,d 0' 2006Dr (IB2v1 Mtn!Lna?.wolwsaxwe«lv'.i9Aoa�wewaslaa_o>-aonsorsn-nvaaaao Page 42 of 91 Book Page 82 specified by 9istr OCSD. 6. Other provisions which may be appropriate to ensure compliance with this Ordinance. 7. Other terms and conditions determined by the General Manager to be appropriate to protect the DistrietOCSD's system. 303.3 Class II Permit Fee A. The Class II permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of the permit fee must be received by the DistO OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 303.4 Class II Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The 9istriG OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the 8istristOCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee may s4all request a modification to the terms and conditions of an issued permit_ pFieF W nGFeaS R9 the GentFibUt 9R Gf fieW, 9rdinaase. The request shall be in writing stating the requested change, and the reasons for the change. The DietriGEOCSD shall review the request, make a determination on the request, and respond in writing. CIDCOnMYsaM SHln nrsb'.I m'."I$el,i,gttTemf rvlM—IH Nest KIPO✓19120f Drafl Ruv11 UM Page 43 of 91 Book Page 83 C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 303.5 Class II Permit Duration and Renewal Class II permits shall be issued for a period not to exceed three(3) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 303.6 Class II Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the BisirictOCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in Di Win EOCSD sewerage facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class II Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the Unit Charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the 9istricEOCSD. Annually, the DiatA OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the 9isfriG OCSD. A credit to the permittee will be allowed against this permit charge for use, equal to the annual ad valorem tax basic levy allocated to the DiaM OCSD for the property for which a permit has been issued by the Dist4GIOCSD. A credit will also be allowed for any sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. C. Current property tax bills shall be supplied by the permittee to the DistA00CSD by May 31 of each year for use in determining the ad valorem tax credit and/or the sanitary sewer service credit. If the tax bills are not supplied, the PistristOCSD will endeavor to obtain the data. Data c Ilu< enl" xl nwanFll rcn,lion Rem ,m fl RI n m 20M QM11 ReVll _Lm _ Page 44 of 91 Book Page 94 obtained by the Deft a OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for D3iatF*n OCSD administrative costs when ad valorem property tax or sanitary sewer service charge data is obtained by the 8istFir OCSD. The amount of the fee shall be adopted by the B+strietOCSD's Board of Directors. D. In order for the BistriGEOCSD to determine actual annual water use, the user shall provide to the Die#r OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the DistriGEOCSD will endeavor to obtain the water use data. Data obtained by the D strictOCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for PistF et0CSD administrative costs when water use data is obtained by the 8istriGEOCSD. The amount of the fee shall be adopted by the 9istriGEOCSD's Board of Directors. E. The charge for use shall be computed by the following formula: Charge for Use = V,V+ BOB + SOS -Tax Credit Where V= total annual volume of flow, in millions of gallons B =total annual discharge of biochemical oxygen demand, in thousands of pounds S =total annual discharge of suspended solids, in thousands of pounds VO,Ba,SO = Unit Charge rates adopted annually by Ordinance of the 8istr4GEOCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below. F. The unit charge rates in the charge for use formula shall be established annually and shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs oocun,enu ona SaWnr.\ awukul.-1 �T mmiorvIn✓rn NeS,QLK13 Ot aDw,nmft Rev1l u no _ Page 45 of 91 Book Page 85 associated with each parameter and pursuant to applicable requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The unit charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and Se. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOD of the wastewater and the other parameter of measure. This relationship shall be used by the 1)stristOCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the c IDac enls nrrtlwrskul.1.1 sera .ITa. ry inrenia Nes\OLK13 Ord mZQM Draft Revt1 si nr Page 46 of 91 Book Page 86 beginning and end of each quarter, or other period that reflects normal employment fluctuations. 304. . DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS A. No user shall discharge urban runoff to OCSD's sewerage system without obtaining a Dry Weather Urban Discharge Permit. B. OCSD shall determine whether the dry weather urban runoff proposed to be discharged into OCSD's sewerage system may cause a potential environmental risk and/or health hazard that cannot be economically or practically control by alternative disposal methods. C. Dry Weather Urban Runoff Permits shall be subject to all provisions of this Ordinance and all other regulations, charges for use. and fees established by OCSD- D. All users required to obtain a Dry Weather Urban Runoff Permit proposing to discharge directly or indirectly into OCSD's sewerage facilities shall file an application pursuant to Section 304.1 and pay the applicable fees pursuant to Sections 304.3 and 304.6. 304.1. Dry Weather Urban Runoff Discharge Permit Application A. An applicant shall contact OCSD prior to any construction of facilities and discharge of dry weather urban runoff into the sewerage system to determine if the discharge of dry weather urban runoff to the OCSD sewerage facilities is feasible. B. Applicants shall complete and file with OCSD, prior to commencing dischame. an application in the form prescribed by OCSD. This application shall be accompanied by applicable fees, design plans, a detailed analysis of other disposal alternatives. or other data as needed by OCSD for review. The applicant shall provide justification that disposal alternatives for the dry weather urban runoff are not economically or practically feasible in lieu of sewer discharge. C. In addition to the discharge permit. OCSD may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized- D. Applicants shall provide adequate pretreatment and/or best management practices included within the applicants' plans to ensure that the applicable discharge limits shall be met. 304.2. Dry Weather Urban Runoff Discharge Permit Condition and Limits entl M s dacil SeM1i\ s\Tern ft.rM KO tl 9l pnn 11 Page 47 of 91 Book Page 87 The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the following conditions or limts: A. Mass emission rates and concentration limits regulating non-compatible pollutants. B. Requirements for the user to construct and maintain, at the user's expense, appropriate pretreatment equipment. flow monitoring facilities, and devices to prevent storm water discharge into OCSD's sewerage system during a wet weather event(rain event). C. Requirements for the user to Provide OCSD with its operations and maintenance plan, best management practices. and Pollution prevention strategies designed to minimize or eliminate dry weather urban runoff pollutants. D. Limits on rate and time of discharge or requirements for flow regulation and equalization prior to discharge to the sewerage system. E. Requirements to self-monitor the discharoe to the sewerage system. F. The General Manager, or his designees. may impose additional requirements as may be appropriate to reduce the burden on OCSD's collection, treatment, and disposal facilities- G. Prohibitions on the discharge, which may cause OCSD's effluent, biosolids, or any other product of its treatment process, to be unsuitable for reclamation, reuse, or disposal. 304.3. Dry Weather Urban Runoff Discharge Permit Fee A. The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an amount established in the applicable Ordinance or Resolution adopted by OCSD's Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permR. Each permittee shall also pay delinquent invoices in full Prior to permit renewal. 304.4. Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by OCSD during the fife of the permit based on: C Nrcu s M Se16 \ anors ' I lin \T m Ime FAe\OLK@ 3 tloc _ Page 48 of 91 Book Page 88 1. The discharoer's current or anticipated operating data 2. OCSD's current or anticipated operating data; 3. Changes in the MeQuirements of Recluialory Agencies which affect OCSD, or 4. A determination by the General M na er or his designee that such modification is appropriate to further the objectives of this Ordinance. B. A rmittee re pest a mdn F. tion to the terms and conditions of an issued pertnK. The request shall be in writing stating the requested changes and the reasons for the than e. OCSD shall revi w th r pest ma e a determination on the re pest. and res and accordin 1 . C. A permittee shalt be infgrmed of any changes in the unit at least forty-five (45)days error to the effecuva riare^hange Anv changes or inthe Permit shall include a reasonable brae scfiad i To newconditions compliance, 304.5. Dry Weather Urban Runoff Discharge Permit Duration and Renewal DM Weather Urban Runoff Parmit shalt normal', be issued for a Period not to exceed two(2) years At least 45 days Prior to the expiration of the pennit the user shall apply for renewal of the Permit in accordance with the Provisions of this Article 3. 304.6. Dry Weather Urban Runoff Discharge Pemrit Charge for Use A discharger who is issued a Dry Weather Urban Runoff Permit under the provision of this Ordinance shall Pay a charge for use in accordance with rates established by Ordinance or Resolution adopted by OCSD's Board of Directors 305. SPECIAL PURPOSE DISCHARGE PERMITS A. No user requiring a Special Purpose Discharge Permit shall discharge wastewater without obtaining a Special Purpose Discharge Permit. B. Special Purpose Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the DistfistOCSD. The conditions of Wastewater Discharge Permits shall be enfonced by the DistrirtOCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Special Purpose Discharge Permit users proposing to discharge directly or indirectly into the BiNristOCSD's sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to �ooc„ v.i an„ sw snu�i srtEm « enen,n ras rnn n rnn R m Page 49 of 91 Book Page 99 1 I Section 305.1 and paying the applicable fees pursuant to Sections 305.3 I and 305.0. This discharge permit may be granted when no alternative method of This is reasonably available, or to mitigate an environmental risk or health hazard. 305.1 Special Purpose Discharge Per It Application A. Applicants seeking a special purpose wastewater permit shall complete and file with the gieti OCSD, prior to commencing discharge, an application in the form prescribed by the BistrieigCSD. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by the 0mtrietOCSD for review- B. The permit application may be denied when the applicant has failed to establish to the gistrk*OCSD's satisfaction that adequate pretreatment equipment is included within the applicants' plans to ensure that the discharge limits will be met or that the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 305.2 Special Purpose Discharge Permit Conditions and Limits A. Discharge conditions and limits shall be no less stringent than Section 201A General Prohibitions 201E Specific Prohibitions: -m..,,e-o.. Rad.nn6five P ate=—Bastian 200 ' i—s an VNa ---- ` 6harasferistiss; Section 21249, Mass Emission Rate Determination:,and Table I, Local Discharge Limits. B. Monitoring requirements for the discharge shall be for those non-compatible pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required sham! be peftFmed for all constituents contained in the most current Environmental Protection Agency(EPA) "Priority Pollutant" list, excluding asbestos. C. The DistristOCSD may specify and make part of each Special Purpose Discharge Permit specific pretreatment requirements or other terms and conditions determined by the General Manager to be appropriate to protect the DistriefOCSD's Sewerage Facility, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess useF-charges a charge for use. 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Board of Directors. Payment of permit fees '.'Doc me nnJ Sn nxluauorskIm11 SN'nae\Temnom v lnnra FlealOLKIJgd 01 20M DrO Roo LL _ Page 50 of 91 Book Page 90 must be received by the DistriG QCSD prior to issuance of either a new permit or a renewed permit. Each permittee shall also pay delinquent invoices in full prior to permit renewal. 305.4 Special Purpose Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the 1) strictOCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The DisiiisEOCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the DistriGtOCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The BistciGfOCSD shall review the request, make a determination on the request, and respond in writing. C. A permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall be issued for a period not to exceed three ene (3l) years, but may be renewed as determined by the General Manager. Users seeking permit renewal shall comply with all provisions of this Article 3. 305.6 Special Purpose Discharge Permit Charge for Use The General Manager shall establish a charge for use to cover all costs of the BiatrietOCSD for providing sewerage service and monitoring. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. f M-Limenls and Sollinusluamrak_kn lSiTmiuVTooiwlavL,ere1 FIInsVL K1 MC a M 20o_r DIA Ruv11 i,NnrAlJtl _ reb'MWPUoc Page 51 of 91 Book Page 91 306. WASTE HAULER DISCHARGE PERMIT A. Wastehauler Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the DistrietOCSD. The conditions of Wastehauler discharge permits shall be enforced by the DistrisEOCSD in accordance with this Ordinance and applicable State and Federal Regulations. B. A Wastehauler proposing to discharge waste into the Disivi OCSD disposal station shall obtain both a valid Orange County Health Department Permit (where applicable), and a OCSD Wastehauler Permit. 306.1 Wastehauler Discharae Permit Application A. No Wastehauler shall discharge wastewater without a Wastehauler Discharge Permit. B. Any person required to obtain a Wastehauler Discharge Permit shall complete and file with the OCSD prior to commencing discharge, an application in a form prescribed by the DiskietOCSD. This application shall be accompanied by the applicable fees. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries, or clients using the applicant's services. 2. (Whichever is applicable) Name, address of any and all principals/ownerslmajor shareholders of the company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Name and address of leaseholder of the vehicle or trailer, if applicable. 4. Number of trucks and trailers and the license numbers and tank hauling capacity of each. 5. A copy of the applicant's Orange County Health Department Permit, v,here applicable. C. Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the DistFietOCSD may issue a Wastehauler discharge permit, subject to terms and conditions set forth in G'Onnmrenls on,lirn:nrJp__..vm krLLrcal Snle,anTdnmxav n,urM F Q5s K0 d012W VMft Raul LL Page 52 of 91 Book Page 92 this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the DistNG OCSD's system. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority pollutants. B. Requirements for maintaining and submitting waste hauling records and waste manifests. C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect the DistF OCSD's system or as specified by other Regulatory Agencies. D. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 306.3 Wastehauler Discharge Permit Fee The Wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Boards of Directors. Payment of permit fees must be received by the GFstriG OCSD prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. 306.4 Wastehauler Identification Decal and Access Card Transfer A. The identification decal is non-transferable. B. If a Tke gate access card is issued it shall be issued to a specific permitted vehicle and is non-transferable unless previously authorized in writing by the DistriGtOCSD. 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the DietriG OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The DisfrisEOCSD's current or anticipated operating data; Il?Opaimnnl5nM 5elOnar\aaµoe�k\ nrnl 5n 1�4r1LBmoomry lnte010 F11.10LKIArd UI 0W Ir Page 53 of 91 Book Page 93 3. Changes in the requirements of Regulatory Agencies which affect the BistFiG OCSD; or 4. A determination by the General Manager that such modificaton is appropriate to further the objectives of this Ordinance. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The MAW 6tOCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45)days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 306.6 Wastehauler Discharge Permit Duration and Renewal Wastehauler discharge permits shall be issued for a period not to exceed one (1) year. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of Article 3. 306.7 Wastehauler Discharge Permit Charge for Use A charge for use to cover all costs of the DistrisEOCSD for providing the disposal station service and monitoring shall be established by Ordinance of the Board of Directors. 307 TRAucona�o�_ORTATAIa ETREATMENT UNIT (TT) DISCHARGE nconnlT Stabe and redeFal 0..gulat:ens aGG8FSpaR*ed by the .appliG able fee.. The .appliGaRt shell submit ..:1.. C menl enU ixlLn z\ a ns4r1. 1 rsVmm r Klemm FJez,pl uII?d M 20 Dw If U—' Page 54 of 91 Book Page 94 56 aSud AeaB W}o 99 a6ed oeesµnma+mdeoew—v r I I^etl I'll,9002 I 1"" NIU-P,lAl ie ul v w l I , I to y� g p iv—T'3 pus 94ei He sl!w!=l s=ueinryed-Fjiemd M law-eq 8-aq dde-eq sesyeW t#mM Pefdae 8H eql„_ Ad_s 'h)ini}se es!ides acyye us.4d.jssep 'sseAppe-awe,q and WizatimR a peffmt-� 207 `IX of z O Dr Re l I Page 59 0191 Book Page 96 the-ei6#16tj-ar FPRqGA69 H..the ..A..nge The D StFL.t ..hall Fe .the. Fe quest, Fnake a . . . . least feFty five (45) days PROF tG the effertive date 9 308. RESERVED 309. RESERVED 310. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for dischargers located outside of the 9iSO OCSD'S boundaries but within the OCSD service area and but tributary to the 94stristOCSD's sewerage facilities, may be issued by a local sewering agency after approval by the 9istastOCSD. The Die#9EOCSD shall have the right of inspection and sampling of the user's discharge to determine compliance with industrial waste discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the local agency. The more stringent of the industrial waste discharge regulations and ef0uent limits of the DistrioEOCSD and the local agency shall apply to the discharger. B. Pursuant to Article 6 herein, the INSIF EOCSD shall have the right to enforce the Federal Pretreatment Regulations, the provisions of this Ordinance, and permit conditions and limits applicable to any person located outside of the DistrisfOCSD's service area, but whose discharge is tributary to the 9istrisEOCSD's sewerage facilities. vw .�in.ami ' mi a ,ww Arai \,no , ung,rel ra .rn xla�Hn of ,nr uawll Page 57 of 91 Book Page 97 C. The fees for use shall be determined by the DistristOCSD and set forth in a use agreement with the local sewering agency. lO jme aM Seft,Tljs a mkIM orzi^ 1 Fl 1 tl 01 ZM Q.fl R.11 Page 58 of 91 Book Page 98 ARTICLE 4 FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by the QistrietOCSD: A. Applicants or users may be required to submit three copies of detailed facility plans. The submittal shall be in a form and content acceptable to the DistFi OCSD for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce an discharge acceptable to OCSDdissherge, and to meet the requirements of this Ordinance or any requirements of other Regulatory Agencies. B. The drawing shall depict as a minimum the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. C. The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. D. Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. E. The 010F tOCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. F. Pemfrtbee shall be required to submit updated detailed facility Plans. 402. PRETREATMENT FACILITIES A. All users shall provide wastewater treatment as necessary to comply with t-ris ordinance and shall achieve compliance with all Categorical Pretreatment Standards. Table 1. Local Discharge Limits, and the prohibitions set out in Sections 201A& B of this ordinance within the time limitations specified by EPA. the State. or OCSD. whichever is more stringent. Any facilities necessary for compliance shall be provided, operated by a qualified operator, and maintained in proper operating f\ ntl� linr x, n I , r 9�enW,FlIe90LK1�Nrrl Ot 2005 Drell Ravtt LI_ _ Page 59 of 91 Book Page 99 condition at the User's expense. asseptableto the 8istrist-uaGIRF th usec§-expense. B. All users may also be required by the OCSD PistrisE to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's Permit. 403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS A. All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's expense. B. The General Manager may require any industrial user to develop and implement an accidental dischargelslug control plan. At least once every two years the DisbiietOCSD shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental dischargelcontrol slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non-routine batch discharges. 2. Description of stored chemicals. 3. Procedures for immediately notifying the POTW of any accidental of slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article 2 of this Ordinance. 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or 1D mMs OtId ZelttP)WTeMNrary Intern F \ I.KI:\ 0012006 Drall Rb II Page 60 of 81 Book Page 100 equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response. 404. MONITORINGIMETERING FACILITIES A. The Die#ietOCSD may require the user to construct and maintain in proper operating condition at the user's sole expense, flow monitoring, constituent monitoring and/or sampling facilities. (B) Permittees may be required to install and maintain an appropriate effluent flow monitoring device. Calibration of such flow monitoring device shall be done annually or as specified in the wastewater discharge permit. B. The monitoring or metering facilities may be required to include a security closure that can be locked with a DiskiG OCSD provided hasp lock during sampling or upon termination of service. C. The location of the monitoring or metering facilities shall be subject to approval by the DistF G OCSD. D. The user shall provide immediate, clear, safe and uninterrupted access to the DistrictOCSD to the user's monitoring and metering facilities. E. Gar a! Industries permitted by the OCSD. domestic wastewaters shall be I;-;; segregated from all industrial wastewaters until the industrial eaters have passed through any required pretreatment system or d:-. :e Pnd the permittee's sample point. 405. WASTE MINIMIZATION REQUIREMENTS A. The user shall provide waste minimization plans to eGnsewewater-reduce or el- 1 Cilutant discharge to the sewerage system and conserve water.; Tr.: -_II investigate product substitution, housekeeping practices. provide inventory control, implement employee education, and other steps as necessary to minimize waste produced. B. A us _certify that their facility does not discharge any type of wart-; :e containing pollutants that may directly or indirectly dischar a into the O:;SD sewerage system as a form of Best Management Practice (BMP), upon approval by the OCSD. C:VM,',neMs nn,I tiHurJ., ncFnp ITxm , r Ir me1FMs. KI rall Revll Page 61 of 91 Book Page 101 ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS 501. MONITORING AND REPORTING CONDITIONS A. Monitoring for Annual Charge for Use The wastewater constituents and characteristics of a discharger needed for determining the annual charge for use shall be submitted in the form of self-monitoring reports by the user to the DiatFisEOCSD, if requested. The frequency of analyses and reporting shall be set forth in the user's permit. The analyses of these constituents and characteristics shall be by a laboratory acceptable to the 8istrietOCSD, and at the sole expense of the permittee. Analyses performed by 9istric QCSD's personnel may used in the determination of the annual charge for use. B. Monitoring for Compliance with Permit Conditions or Reporting Requirements The DlstrietOCSD may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limit or requirements as specified in the user's permit, Federal or State Regulations, or this Ordinance. These reports include: (1) Baseline Monitoring Reports. (2) Compliance Schedule Progress Reports. (3) 90-Day Compliance Reports. (4) Periodic Reports on continued compliance. (5) Notification of the Discharge of Hazardous Waste. (6) Other reports as required by the DistFiefOCSD. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the DistFiS OCSD and shall be submitted upon request of the ID SIN tOCSD. When applicable, the self-monitoring requirement and frequency of reporting may be set forth in the user's permit as directed by the DistFig OCSD. The analyses of wastewater constituents and c�ooc m i ;. oW Soinn T n a enerom ResrQWMQrd 01 20 raft Rom I a nor _ Page 62 of 91 Book Page 102 characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. If sampling performed by a user indicates a violation, the user must notify the OCSD within twenty-four(24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the OCSD within thirty (30)days after becoming aware of the violation. Resampling by the industrial user is not required if the OCSD performs sampling at the user between the time when the initial sampling was conducted and the time when the user or OCSD receives the results of this sampling, or if the OCSD has performed the sampling and analysis in lieu of the industrial user. If the OCSD performed the sampling and analysis in lieu of the industrial user. the OCSD will perform the repeat sampling and analysis unless it notes the user of the violation and requires the user to perform the repeat sampling and analysis. Failure by the user to perform any required monitoring, or to submit monitoring reports required by the 9istrisEOCSD constitutes a violation of this Ordinance, may result in determining whether the permittee is in significant noncompliance, and be cause for the DistF OCSD to initiate all necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any limits and requirements specified in the user's permit or in this Ordinance. The user shall be responsible for any and all expenses of the DistristOCSD in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and Sampling Conditions A. The 9istricfOCSD may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. The DistFi OCSD shall have the right to place on the users property or other locations as determined by the DistristOCSD, such devices as are necessary to conduct sampling or metering operations. Other sampling locations may include downstream manholes, usually in the sewerage system, for the purpose of determining the compliance status of an industrial or commercial discharger. ire Was, the useF ..hall .....ke R8....ssaF. aRmngements so that l C. In order for the DistristOCSD to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the user shall make available menls eMl avuvGLLOGII$bll.. Rem Inlenrei FYes Kl tl 01 0,911 RW I Page 63 of 91 Book Page 103 for inspection and copying by the OisbidOCSD all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those related to production, wastewater generation, wastewater disposal, and those required in the Federal Pretreatment Requirements without restriction but subject to the confidentiality provision set forth in Section 103 herein. All such records shall be kept by the user a minimum of three (3)years. D- If a discharger falsifies tampers with, or knowingly renders inaccurate any monitoring device or sample collection method,the discharger may be subject to imposition of penalties, permit suspension or permit revocation. 501.2 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as Part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures. including procedures suggested by the General Manager or other parties approved by EPA. 501.32 Right of Entry A. Persons or occupants of premises where wastewater is created or discharged shall allow the AistriG OCSD, or its representatives, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to authorized DistFi OCSD's personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the 9istFi OCSD's sewerage system. B. Where a user has security measures in force the user shall make necessary arrangements so that personnel from the OCSD shall be permitted to enter without delay for the purpose of performing their specific responsibilities. 501.43 Notification of Spill or Slug Loading A. In the event the discharger is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error, or the mml enJ Js wrskiLLrcJ' ! s\Tem ni IMrvnrvn File.. KIdIQtl 0120MO.11Re $l Page 64 of 91 Book Page 104 discharger has reasonable opportunity to know that his discharge will exceed the discharge provisions of the user's permit, Sections 201 A &B9 or Table I, Local Discharge Limits, the discharger shall immediately notify the 9istrietOCSD by telephone. If the material discharged to the sewer has the potential to cause or result in a fire or explosion hazard, the discharger shall immediately notify the local fire department and the DistriG OCSD. B. Confirmation of this notification shall be made in writing no later than five (5)working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the 13ietriG OCSD or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. 601.64 Notification of Bypass A. Bypass of industrial wastewater to the sewerage system is prohibited. The DistrisEOCSD may take enforcement action against the user, unless: 1. Bypass was unavoidable because it was done to prevent loss of life, personal injury, or severe property damage; 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3. The permittee submitted notices as required under Section Aftiele 501.4(B). B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the D RtrietOCSD, if possible, at least ten (10) days before the date of the bypass. C. The 1)strie OCSD may approve an anticipated bypass at its sole discretion after considering its adverse effects, and the BistN OCSD CNoc O,,,I;o,11 r•.� neknlg 6Snninoslin rvinmmNPoe-,,ULNIMOrd 012006 DraII Rnv11 Ll_cKWas _ Page 65 of 91 Book Page 105 determines that the conditions listed in Section 501.54(A)(1-3) are met. D. A permittee shall provide telephone notification to the Dist!" OCSD of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five (5) days of the time the permittee becomes aware or could reasonably have been aware of the bypass. The report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation. b on li s i\ lgkTjm��Woffl��N2LKMO,d 01 20NOW1 RW1 I Page e9 of 91 Book Page 106 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE A. The Board finds that in order for the PisW OCSD to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the DistricEOCSD's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the DW4 OCSD's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that noncompliance and violations are resolved as soon as possible, the general policy of the Di;;W OCSD is that: 1. Any determination relating to a Probation Order, Enforcement Compliance Schedule Agreement(ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Steering Committee to hear an appeal of the General Managers decision pursuant to Section 618. Such request may be granted or denied by the Steering Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a 1)AtF GEOCSD Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Steering Committee pursuant to the provisions of Section 618. 4. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. 5. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. C. The Dieu QQSD, at its discretion, may utilize any one, combination, or all me 15 and �4' , Wr a, 1PdenM Fa KU d 01 "f n Rw11 Page 67 of 91 Book Page 107 enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the DfstristOCSD. 2. Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a user. Noncompliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. 3. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitorino Requirements as a Result of Non-Compliance 1. If analysis of any sample obtained by the Dist;iG OCSD or by a permittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the DistFistOCSD may impose self-monitoring requirements on the permittee. 2. A permittee shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the DiskistOCSD. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the DistriG OCSD and submitted to the Paid OCSD in a form and frequency determined by the DWFWOCSD. C\Documents un,f" Ih, .,,wnfki\Local ,in stem o,nr Irnbn IFiI 1] ,d 01 20M VMft L3J�c�a _ Page 68 of 91 Book Page 108 4. All self-monitoring costs shall be borne by the permittee. 5. Nothing in this section shall be deemed to limit the authority of the Dishy OCSD to impose self-monitoring as a permit conditon. B. Purpose of Nan-Compliance Sampling Fees The purpose of the non-compliance sampling fee is to compensate the DiSIF QCSD for costs of additional sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the non-compliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 615 and 616. C. Non-Compliance Sampling Fees for Composite Samples 1. Each violation of a permittee's permit limit or condition is a violation of this Ordinance. 2. a) If analysis of any composite sample of a permittee's discharge obtained by the [)AW6tOCSD shows a major violation by the permiftee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the permittee shall pay non- compliance sampling fees to the DistF OCSD pursuant to fee schedules adopted by the P 641stOCSD's Board of Directors. b) If analysis of any composite sample of a permittee's discharge obtained by the Distg OCSD shows a minor violation by the permifee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the DistA OCSD may impose noncompliance sampling fees pursuant to fee schedules adopted by the Dis#WOCSD's Board of Directors. 3. The fees specified in subsection 602.C.2.(a), C.2.(b)and D herein shall be imposed for each date on which the Disliti OCSD conducts sampling as a result of a violation by a permittee. D. Non-Compliance Sampling Fees for Grab Samples and Self-Monitoring Results 1. If analysis of any grab sample analysis of a permittee's discharge shows non-compliance with any concentration limits as set forth in mr I aml elM1i s mwrski ',I \Tmm n 4nernel F1-11KI JI d 0130W. 1,R 11 LLI3 _ Page 69 of 91 Book Page 109 the user's permit or in this Ordinance, the Dist r QCSD may impose noncompliance sampling fees, pursuant to fee schedules adopted by the 9istfisEOCSD's Board of Directors, for sampling conducted by the gistrisiOCSD as a result of a violation by the permittee. 2. If any self-monitoring analysis of a permittee's discharge shows non-compliance with any concentration limits or mass emission rates as set forth in the user's permit or in this Ordinance, the Distrie QCSD may impose noncompliance sampling fees, pursuant to fee schedules adopted by the gistristOCSD's Board of Directors, for sampling conducted by the DistneEOCSD as a result of a violation by the permittee. 602.1 Probation Order A. Grounds In the event the Division Head determines that a permittee has violated any provision of this Ordinance, or the terms, conditions and limits of its discharge permit, or has not made payment of all amounts owed to the gistri OCSD for user charges, noncompliance fees or any other fees, the General Manager may issue a Probation Order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. B. Provisions The issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, requirements for self-monitoring, submittal of drawings or technical reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order- Expiration A Probation Order issued by the General Manager shall be in effect for a period not to exceed ninety (90) days. 602.2 Enforcement Compliance Schedule Agreement(ECSA) A. Grounds Upon determination that a permittee is in noncompliance with the terms, conditions or limits specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, aDoc n dd Wt.na. 1A 11 1 SIROQOem fitorpiejRes,01.K1 Wrcl 01 20M Dmfl R v11 a en< Page 70 of 91 Book Page 110 the General Manager may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. B. Provisions The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, interim limits, or other provisions to ensure compliance with this Ordinance. C. ECSA- Payment of Amounts Owed The DistrieEOCSD shall not enter into an ECSA until such time as all amounts owedtotheDiatFo OCSD, including user fees, non-compliance sampling fees, deposits, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the General Manager. Failure to pay all amounts owed to the DistristOCSD shall be grounds for permit suspension or permit revocation as set forth in Section 604 and 605. D. ECSA - Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term, the General Manager may issue an order suspending or revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance. 603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT(RCSA) A. Grounds If at any time subsequent to the issuance of a Wastewater Discharge Permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the Di WIG L SD enacts revised discharge limits, the General Manager, upon determination that an industrial user would not be in compliance with the adopted or revised limits, may require the industrial user to enter into a RCSA with the DislFisEJCSE under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date. The RCSA shall have a maximum term of two hundred-seventy (270) days. B. Provisions OIfl,c„ 1111 and 5.111,1grv,_.ki.I11 1 Utnm o, 1111wrl.,FiI. Ll— _ Page 71 of 91 Bcok Page I I I The issuance of a RCSA may contain terms and conditions including but not limited to requirements for installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. C. RCSA - Non-Compliance Sampling Fee During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance sampling fees in accordance with Article 6. 604. PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Fails to comply with the terms and conditions of either an ECSA or RCSA. 2. Knowingly provides a false statement, representation, record, report, or other document to the 8istriGEOCSD. 3. Refuses to provide records, reports, plans, or other documents required by the DistristOCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 5. Fails to report significant changes in operations or wastewater constituents and characteristics. 6. Violates a Probation Order. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. B. Does not make timely payment of all amounts owed to the DistF AEOCSD for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Violates any condition or limit of its discharge permit or any provision of the DistristOCSD's Ordinance. '\ meals and SON ..W—A 1 .Tem r Imemal Files KQ d 01 O h Rauh Page 72 of 91 Book Page 112 B. Notice/Hearing When the General Manager has reason to believe that grounds exist for permit suspension, he shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15)calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the DgtFistOCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for suspension of the permit, he shall issue his decision and order in writing within thirty(30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. C. Effect 1. Upon an order of suspension by the General Manager becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any industrial wastewater, directly or indirectly to the DON OCSD's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension. 3. An order of permit suspension issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. me rl Ui, s r+nr knl.ac J ' s\iem tiler IM Fila LN 1 ,1 01 DW EMI R 11 U_ Page 73 of 91 Book Page 113 on the fifteenth (15th) day following such mailing. 605. PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to the 9istristOCSD. 2. Refuses to provide records, reports, plans, or other documents required by the DistrietOCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 4. Fails to report significant changes in operations or wastewater constituents and characteristics. 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or probation order. 6. Discharges effluent to the 9ietF GtOCSD's sewerage system while its permit is suspended. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 6. Does not make timely payment of all amounts owed to the DistcisEOCSD for user charges, noncompliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with the P SINSEOCSD's collection, treatment, or disposal system. 10. Fails to submit oral notice or written report of bypass occurrence. 11. Violates any condition or limit of its discharge permit or any provision of the Mist0atOCSD's Ordinance. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for the CVbg me ManU i:•x +.kc os.Tam vtleuyU Fes\OLKI1pU 0,20050n�Rea11 J— Page 74 of 91 Book Page 114 revocation of a permit, he shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the BistFi OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of fads found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for permanent revocation of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. In the event the General Manager determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate. C. Effect 1. Upon an order of revocation by the General Manager becoming final, the permittee shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to the 9istF OCSD's system. All costs for physical termination shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. 3. Any future application for a permit at any location within the DistrieEOCSD by any person subject to an order of revocation will and Smlinwkqa rskiUml iwiqOem QW1 ReA1 ]rtlor _ Page 75 of 91 Book Page 115 be considered by the Disk OCSD after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th)day following such mailing. 606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS A Wastehaulers non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the Wastehaulers discharge permit or this Ordinance. If the discharge of a Wastehauler is found by the analysis to be in excess of the concentration limits specified in the Wastehaulers discharge permit or in this Ordinance, the Wastehauler shall, after receiving a demand from the QskistOCSD, identify in writing, all sources of the discharge. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is domestic seotage. or septic waste-eFsanitary- Ae, the Distr-.00SD may still elect not to accept waste from that particular source. If the discharge is industrial wastewater from an industrial source(s) and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. 3. The Wastehauler permit may be revoked in accordance with Section 606. 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS FID—..,—r.!mn. +xn zit zTsm en ytles lKl]:trtl 01 Dan wn a.n Page 76 of 91 Book Page 116 A. Any person who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the DistriG OCSD's sewerage facilities or to the operation of those facilities shall be liable for all costs required to dean or repair the facilities together with expenses incurred by the DistristOCSD to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of twenty-five percent(25%) of DistsisEOCSD costs shall be added to the costs and charges to reimburse the DistrictOCSD for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of invoicing by the Di&lsEOCSD. B. Any person who discharges a waste which causes or contributes to the DistrictOCSD violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the DistristOCSD, including regulatory fines, penalties, and assessments made by other agencies or a court. 606. INDUSTRIAL WASTE PASS THROUGH Any person whose discharge results in a pass through event affecting the DistF G Q_ or its sewerage facilities shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The discharger shall submit to the DistrietOCSD plans to prevent future recurrences to the satisfaction of the DistristOCS15 609. PUBLICATION OF VIOLATION Upon a determination in a permit suspension, permit revocation, or civil penalty proceedings that a user has discharged in violation of its permit or any provision under this Ordinance, the DistFi OCSD may require that the user notify the public and/or other users of the DistF OCSD's sewerage facilities of such violation, of actions taken to correct such violation, and of any administrative or judicial orders or penalties imposed as a result of such violation. 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, the DistrieEOCSD shall annually cause to be published the names of all industrial users in significant non-compliance. Upon a minimum of a thirty (30)day notification to the user, said publication shall be made in the newspaper of the largest daily circulation published in the DishistOCSD's service area. 611. PUBLIC NUISANCE C Doc u J E. g!g_., .uhf „I"elfin oATem , Inl n t Fae V I K1 10120MOW10,11�—m — Page 77 of 91 Book Page 117 Discharge of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorized by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor. 612. TERMINATION OF SERVICE A. The 13istriatOCSD, by order of the General Manager, may physically terminate sewerage service to any property as follows: 1. On a term of any order of emergency suspension or revocation of a permit; or 2. Upon the failure of a person not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the 9istrieFOCSD's sewerage facilities. B. All costs for physical termination shall be paid by the user as well as all costs for reinstating service. 613. EMERGENCY SUSPENSION ORDER A. The DistsiatOCSD may, by order of the General Manager, suspend sewerage service or Wastehauler discharge service when the General Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause interference to the DiStF OCSD's sewerage facilities, or may cause the PistriG OCSD to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. B. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) days following the issuance of such order, the General Manager shall hold a hearing to provide the user the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the DistricAOCSD's General Counsel. The General Manager shall issue a written decision and order within two (2) business days following the hearing, which decision shall be �.eon„ i,.m 'file, aw nero saem o rei vies eia mz D� 1 Page 78 of 91 Book Page 118 sent by certified mail to the user or its legal counsel/representative at that user's business address. The decision of the General Manager following the hearing shall be final and not appealable. 614. INJUNCTION Whenever a discharger of wastewater is in violation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Pretreatment Standard or requirement as set forth in 40 CFR Section 403.8 at seq., fails to submit required reports, or refuses to allow the PW4atOCSD entry to inspect or monitor the user's discharge, the DistA OCSD may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent threatened violations by the discharger. 615. CIVIL PENALTIES A. Authority All users of the 9ist"OCSO's system and facilities are subject to enforcement actions administratively or judicially by the 8istrietOCSD, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act(33 U.S.C.A. Section 1251 at seq.); (2) California Porter-Cologne Water Quality Control Act(California Water Code Section 13000 at seq.); (3) California Hazardous Waste Control Law(California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 at seq.); and (5) California Government Code, Sections 54739-54740. B. Recovery of Fines or Penalties In the event the Distris(OCSD is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by 9istrletOCSD, as caused by the discharge of any user of the 94iriatOCSD's system which is in violation of any provision of the DistciG OCSD's Ordinance or the user's permit, DiskistOCSD shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740, any person who violates any provision of this Ordinance; any permit C 1Docnme11L n05n11U0.fi1035i k,\Local Sry i,p.\Txmnninfy liJd Fft,V)J R13bd 0120V,Dl�fl Rav t,�nr ' _ BO6DtW1.Revi0.Eo0 Page 79 of 91 Book Page 119 condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 at seq., any person who violates any provision of this Ordinance, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The General Counsel of the DisWdOCSD, upon order of the General Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the Distizi OCSD may impose, assess, and recover pursuant to Federal and/or State legislative authorization. D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the 9is#iGIOCSD may issue an administratve complaint to any person who violates: a) any provision of this Ordinance; b) any permit condition, prohibition, or effluent limit; or c) any suspension or revocation order. 2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60)days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the DistristOCSD's requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted. 3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the 9i6kist0CSD's General Counsel. 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a o zoo Page 8g of 91 Book Page 120 recommendation. 5. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. 6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Steering Committee may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Steering Committee may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved. 7. Civil penalties may be assessed as follows: a) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; b) In an amount which shall not exceed three thousand dollars ($3,000.00)for each day for failing or refusing to timely comply with any compliance schedules established by the BiaWa OCSD; c) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the DistfidOCSD; d) In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the Dist4stOCSD; 8. An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first (31st) day after its is served on the person unless an appeal and request for hearing is filed with the Steering Committee pursuant to Section 618 no later than the thirtieth (30th) day following such C 10ucm .nd Se aeAgamfsb nel SettinsUem mr v Intemm ReSIOLKI]\ d01 2(1N D 11R 11 Page 81 of 91 Book Page 121 mailing. An order assessing administrative civil penalties issued by the Steering Committee shall be final upon issuance. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order. 10. Any person aggrieved by a final order issued by the Steering Committee, after granting review of the order of the General Manager, may obtain review of the order of the Steering Committee in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision or order issued by the Steering Committee. 11. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The ID RtriR OCSD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the order becomes final. 12. No administrative civil penalties shall be recoverable under Section 615.D for any violation for which the 9ietrisEOCSD has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 616. CRIMINAL PENALTIES Any person who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not more than thirty (30) days, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 617. APPEALS TO GENERAL MANAGER A. General Page 82 of 91 Book Page 122 Any user, permit applicant or permittee affected by any decision, action or determination made by the Division Head may file with the General Manager a written request for an appeal hearing. The request must be received by the BietristOCSD within fifteen (15) days of mailing of notice of the decision, action, or determination of the Distr1stOCSD to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant's request. B. Notice The General Manager shall, within fifteen (15) days of receiving the request for appeal, and pursuant to Section 107, designate a Department Head or other person to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the staff decision shall be deemed final. C. Hearing At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the Division Head's decision, action or determination. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the 8i6tri8tOCSD's General Counsel. D. Written Determination After the conclusion of the hearing, the Department Head (or other designee) shall submit a written report to the General Manager setting forth a brief statement of fads found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, the General Manager shall make his determination and shall issue his decision and order within thirty (30) calendar days of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the appellant unless a request for hearing is filed with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on the fifteenth day following such mailing. 618. APPEALS TO THE STEERING COMMITTEE 11Doc cnL-d A -1 kl ' I ' MT m 1 FrigskOLK13, nl 01 2006 DrA Rev11 LI d^moo _ Page 83 of 91 Book Page 123 A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Steering Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a separate Fe6G ••'^^ fee ordinance of the 9istristOCSD's Board of Directors. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request. No later than sixty (60) days after receipt of the request for hearing, the Steering Committee shall either set the matter for a hearing, or deny the request for a hearing. A hearing shall be held by the Steering Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Steering Committee. If the matter is not heard within the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Granting Request for Hearing The Steering Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Steering Committee. C. Appeal Fee Refund The appeal fee shall be refunded if the Steering Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Steering Committee denies the appeal. D. Written Determination After the hearing, the Steering Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Steering Committee shall be set forth in writing within sixty- five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Steering Committee shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. C. nenlznW;u A xxorsb cant tin .Tern Inver, yd Mn tln o, M D.11 a t Page 84 of 91 Book Page 124 The order of the Steering Committee shall be final upon its adoption. In the event the Steering Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Appeal of Charges and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the DiskistOCSD, relating to fiscal issues of the DistristOCSD in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as connection charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that the 1)istri8FOCSD reconsider imposition of such fees or charges. Following review of such a request, the BistcistOCSO shall notify the user, permit applicant, or permittee by certified mail of the DistrietOCSD's decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the DistfietOCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellants property is located. The notice of appeal must be received by the 8istcietOCSD within thirty (30) days of the mailing of the OCSD's DisHiat's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of$1,000.00; and 2. A penalty of one and one-half percent(1.5%) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. C OoWmenlad rs1 ew,rsknl nel I ITam Fi N13. ,d 0120C OW,Rw11 '+ tlncH%'�eR Page 85 of 91 Book Page 125 D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the DistFicEOCSD receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during DistF OCSD review of any appeal submitted by permittees. 619.1 Collection of Delinquent Accounts Collection of delinquent accounts shall be in accordance with the Distr n QCSD's policy resolution establishing procedures for collection of delinquent obligations owed to the DietristOCSD, as amended from time to time by the Board of Directors. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this Ordinance. 620. RECOVERY OF COSTS INCURRED BY 81SSTRIC-TOCSD In the event permittee fails to comply with any of the terms and conditions of the Distnn OCSD's Ordinance, a probationary order, a permit suspension or revocation, an ECSA, RCSA, or a permit issued hereunder, the MAW 6tOCSD shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the [)strislOCSD an amount determined by the General Manager as necessary to guarantee payment to BistrietOCSD of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts The QWFietOCSD may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the DisWdOCSD, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. Bankruptcy Every Permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its menl+nnJ Stun 5 wrskiLLcc,l Im slim r Imvn i F.1 s: 1K10. d .12005 reX4 vll Page 86 of 91 Book Page 126 financial debts or obligations or seeking court-ordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. D. Permit Amendments The 816tfi6tOCSD shall review and examine Permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this Ordinance. The DistrietOCSD may thereafter issue an amendment to the User's permit in accordance with the provisions of Article 3 and Section 621(E) of this Ordinance. E. Security An amendment to a waste discharge permit issued pursuant to Sections 621(B), (C), and (D), may be conditioned upon the Permittee depositing financial security in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by 9istrisfOCSD and shall not be used by the BistF OCSD to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. F. Return of Security In the event the Permittee makes payment in full within the time prescribed by this Ordinance of all fees and charges incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to Sections 621(B), (C), and (D), the 8istrietOCSD shall either return the security deposit posted by the Permittee or credit their account. 622. JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, the Bistrict:_ _ -_ hereby enacts this part to limit to ninety(90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative C.0oc,—nl5—d ticllv,, . -.1k.4 mW Sbllim.'Tem e.F,IumJl R I]0,d U 120 Dolt Rev II Ll d Page 87 of 91 Book Page 127 decisions that are made after hearing, or after revoking, suspending, or denying an application for permit or a license. P 9. Y 9 PP 2. Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the 8istFi OCSD or its offices or agents, all written evidence, and any other papers in the case. 3. Party shall mean a person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of the DistF OCSD or its officer or agent maybe made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. Preparation of the Record The complete record of the proceedings shall be prepared by the DistFietOCSD officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he has filed written request therefor. The 9istFistOCSD may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. Notice In making a final decision, the BistrirAOCSD shall provide notice to the party that C9�a< enls ontl�gsWevmnk,LLornl Se„InastTemoomrvinlFlma,FIIesNLKIDAp,00120��re(,ReN LL ^ _ BtaAReNO.dec Page 88 of 91 Book Page 128 the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. G. Administrative Civil Penalties Notwithstanding the foregoing in Section 622, and pursuant to Government Code Section 54740.6,judicial review of an order of the Steering Committee imposing administrative civil penalties pursuant to Section 615.D may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Steering Committee becomes final. CC\_�ymw0o anll unllnlnr:k n k s11om om Llen F' N13\ rtl 0120MD. %Al �tf rinrpYN _ M1RBVW.6% Page 89 of 91 Book Page 129 ARTICLE 7 SEWER SERVICE CHARGES -CONNECTION CHARGES 701. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within the District which is improved with structures designed for residential, commercial, or industrial use, and connected to the Bisbi OCSD system, shall pay a sanitary sewer service charge in an amount adopted by the Board of Directors by separate Ordinance. 702. CAPITAL FACILITIES CONNECTION CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a capital facilities connection charge in an amount adopted by the Board of Directors by separate Ordinance. \Doc meals ,N S..Wn s wrsk,\Ia,M Senor sSem rG Inte ,OL n,el Re Ki_. d fl 12OW DmII RevlI =LAF\Je�gc10RBRLa4BrOBNBr4B1-3�W9r+IKRwyB9. x Page 90 of 91 Book Page 130 ARTICLE 8 SEVERABILITY 801. SEVERABILITY If any provision of these Regulations or the application to any or circumstances is held invalid, the remainder of the regulations or the application of such provision to other persons or other circumstances shall not be affected. 802. GENERAL APPLICATION The provisions of this Ordinance shall apply to all properties within the 94strictOCSD including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations. Section II: This Ordinance is enacted as an UFOBRGY measure to take effaGt iFRFnediately, in order to preserve the public health and safety, and in order to continue the provision of sewer services by the newly f9FMRQI DiStA OCSD. The facts requiring the public health and safety to be preserved are that the regulation of the discharge of industrial and sanitary sewage is regulated by federal and state law, and protection of individuals— health and the environment require that no discharges of untreated sewage/wastewater are allowed to occur that are not in accord with technical specifications and requirements. Section III: Effective Date. This Ordinance shall take effect July 1, 2007. Thig QF'IiAaR98 Shall take aftet immediately upon adelafiGIR. Section IV. Repeal. Ordinance No. OCSD-01 is hereby repealed. Section IV: The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by the affirmative vote of greater than two-thirds of the Board of Directors of the Orange County Sanitation District at a Special Re ular Meeting held May 23. 2007Jwly 1. 1998. '.VJuuimenlsnM 'hlln al ski rc.l \T hwM i' K1 tl01 N Page 91 of 91 Book Page 131 Chair, Board of Directors Orange County Sanitation District ATTEST: Secretary_. of the Board of Directors Orange County Sanitation District Themnm I Weecku Bradley R. Hoain, General Counsel C'Doci-enbflni: r,k,Lm IS IembIImmnom,v Inlemel Fi—CLKITtIX 0120M Droll Rbvll J ^r Page 82 of 91 Book Page 132 OPERATIONS COMMITTEE Meeting Date Tngd.cf Dr. 04/09/07 oa/z5/o7 AGENDA REPORT Item Number Item Number OP07-36 Orange County Sanitation District 4Strategic S Master Planning FROM: Jim Ruth, General Manager Originator: Jim Herberg, Director of Engineering SUBJECT: Capital Improvement Program Overview GENERAL MANAGER'S RECOMMENDATION Information only item. SUMMARY • The Operations Committee (Committee) will be undertaking a review of the Orange County Sanitation District (Sanitation District) Capital Improvement Program (CIP). This will include discussions on modification to the CIP affecting potential future rate increases. • Staff has prepared four scenarios for the Committee to review and consider at the meeting. These include the following: • Scenario 1 —This scenario reflects the current CIP and user rate projection presented in Section 4 of the Sanitation District's Budget Book for FY 2006-07 and FY 2007-08. • Scenario 2—This scenario assumes that the projects earmarked by the Sanitation District staff for potential delay and deletion are implemented to reduce future rate increases. This scenario also incorporates the recent proposal to finance the Santa Ana River Interceptor project. • Scenario 3—This scenario is based on increasing the level of service for the Odor Control facilities at both treatment plants. This CIP program includes replacing existing odor control with new technology instead of refurbishing the existing odor control facilities as planned under Scenario 2 above. • Scenario 4—This scenario adds costs for proposed air quality regulations that would impact the Sanitation District's internal combustion engines in addition to Scenario 3. These proposed air quality regulations would require lower emission limits below what the existing engines can achieve, but would allow the Sanitation District to continue to generate a significant portion of the power used on site. Page 1 Book Page 133 • For each of the CIP scenarios both cash flow and proposed user fees will be presented. • Several new projects are proposed for the CIP to address new issues that have been identified since 2006 as well and will be discussed with the presentation. The projects earmarked for potential delay will be discussed with the presentation. PRIOR COMMITTEE/BOARD ACTIONS None ADDITIONAL INFORMATION Additional information is being provided to describe risks associated with proposed CIP delays and proposed new projects. Proposed Proiects for Delay Capacity Projects There are eight sewer capacity projects and one treatment plant capacity project proposed for delays of one to three years. The budget for these projects total $87.3 million. These projects are scheduled based on the 2006 Collection System Strategic Plan Update. Over the past year, Staff has been reviewing the hydraulic model prepared by MWH. Staff now believes that the hydraulic model is conservative and some of these projects can be delayed. Staff will continue to watch trends in these sewers, but immediate improvements do not appear to be necessary at this time. Rehabilitation Projects One large sewer rehabilitation is being proposed for a two-year delay. The Santa Ana Trunk was recently evaluated for the extent of corrosion. The corrosion has not reached a critical state and Staff feels that a two-year delay will not impose a significant risk over and above the current level of risk. The sewer should also be routinely monitored over the next few years to ensure that corrosion is not accelerating. The value of this project is $19.2 million. Operational Workarounds Two projects are proposed for short-term delay because Operations staff has been able to improve and modify plant operations reducing the need for capital projects. The two projects are the repair of the interplant gas line and the sludge thickening, dewatering and odor control project at Plant No. 1. The budgets are $3.7 million and $144 million, respectively. Page 2 Book Page 134 Project Contingencies Reductions There are seven projects that are substantially completed or will be finished in the next Yea'. These projects are still carrying project contingencies for unforeseen events or issues. However, because the projects are nearly complete, Staff is recommending reducing the project contingencies by a total of$9.9 million. The risk to the Sanitation District is that unforeseen issues could arise and the contingencies would need to be reinstated. Level of Service Delays There odor one electrical delayedrone o three yearns projects facilities are also near hllity e endoject of heir useful at can lives, Potentially jeopardizing the current level of service. However, the Sanitation District staff has recently added resources to more quickly repair existing facilities and keep them up and running in the short-term. Staff is also looking into the construction sequencing issues at Plant No. 2 because there is a concern with coordination of existing construction projects with the odor control projects. The two projects that appear to interfere with the odor control project are the Headworks Replacement project and the Primary Treatment Rehabilitation projects and Plant No. 2. The Sanitation District staff anticipates receiving the contractor's construction sequencing schedule for the Primary Treatment Rehabilitation this summer. A better assessment on constructability for the proposed odor control project will be conducted at that time. The electrical power system improvements project is designed to improve distribution of power during extended outages and maintenance. As a workaround, Operations staff will continue to utilize portable generator systems until regulations prohibit their usage. Revised Construction Spending Estimates Based on Recent Large Project Experience Staff is revising expected construction outlays for the three projects over $200 million based on recent experience with the Headworks Replacement project at Plant No. 2. Fortunately, two of the three projects recently bid and the bids were less than the Engineer's estimate. These two project budgets were also revised downward to reflect the actual bids. Newly Proposed Projects and Programs for the CIP J-108 Temporary Upgrades to Plant Security Barriers ($1.35M) This project provides approximately 13,000 feet of perimeter security fencing around each of the treatment plants. The fencing will replace or enhance deficient areas to improve site security at each of the treatment works. Page 3 Book Page 135 r new fencing w At Reclamation Plant No.t, ill be provided on two sides of the plant along fencing aEllis,Ward, and Garfield Avenues. perimeter long the Santa Ana River Channel and portionls adjacent to the Talbert Marsh ofstalled Treatment Plant No. 2. These measures will allow OCSD to immediately be in compliance with a number of existing and roposed structures can be funded at al permanent and more expensive later time with possible EPA grants. J-109 Central Generation Cooling Water System Replacement Project ($9.09M) This project will improve the efficiency of existing cooling system equipment at both plants. The preliminary design was completed in 1998, identifying measures that can be taken to improve heat recovery from the Central Generation Engines and reduce water consumption by replacing the existing once-through cooling systems with a more efficient system. This project will substantially reduce the amount of water consumed by process equipment/systems, resulting in an estimated savings of$500,000 annually. The Sanitation District currently buys reclaimed water to cool mechanical equipment. The suggested changes will eliminate the need to purchase reclaimed water by using closed loop systems with cooling towers. SP-125 Research Funding ($1OM) This is a fund for operational research projects that have not yet been identified. An annual allocation would be made to fund the research program. In Fiscal Year 2007-08, the Research Strategic Plan will identify projects and topics for potential research activities. Speck projects then will be identified and developed for implementation under this budget. These funds will be used for various research projects designed to improve operational efficiency, reduce overall costs, improve safety, or fill important information gaps. The results will support O&M and provide information needed by the Engineering Department for future planning and design work. The projects will be individually budgeted and tracked within the overall line item allocation. SP-126 Los Alamitos Sewers Study($350,000) In 2006, closed caption television (CCTV work was conducted on these lines in response to sinkholes forming in Los Alamitos Boulevard. The tapes indicate that groundwater and soil are infiltrating into these pipes leading to the formation of sinkholes, but extent of the needed improvements is not known at this time. This project will conduct an extensive condition assessment of the three Sanitation District sewers in Los Alamitos Boulevard to determine the extent of damage to the Page 4 Book Page 136 sewers, better estimate the timing for needed repairs, and recommend the most cost effective method of rehabilitation. SP-127 Administrative Offices Space Planning Study($500,000) This project will develop a space plan for staff offices at Reclamation Plant No.1. The study will look at existing space deficiencies, ongoing staffing changes, and planned operational and capital improvement planning needs over the next ten years. The study will also consider existing space planning for efforts at Treatment Plant No. 2 and the North County Yard. Upgrades and renovations are needed to balance the need for new employees to support the District's future operations and completion of the secondary treatment construction upgrades. The project will also allow appropriate work groups to be co- located for more efficient use of existing spaces. It is anticipated that additional space needs will be determined, but several alternatives will be developed for future consideration and implementation. SP-128Integrated Security Project ($450,000) This project will replace the existing treatment plant access control system. The first phase of this project will be to layout and design a new system(s) to provide needed security for the treatment plants. A design consultant will incorporate new technologies for card reader systems, badge systems, and camera surveillance to ensure that the overall security system is functionally integrated. Also, the Operations Control Center should have access to all security systems for monitoring and enforcing security. In 2005, the District conducted a security assessment survey to determine the District's security vulnerabilities. The focus of the study was to ensure that the District could comply with existing and proposed regulations for critical infrastructure. One of the recommendations was to replace the existing security systems to minimize intrusions due to antiquated security technologies. The other recommendation was to provide for a central location were security could be effectively monitored and enforced. ATTACHMENTS None JDH:JB:sa:gc H:WepD genC %Gammillees\Opera ions Commift e�OWa ions 200]104M07-M.CIP Overvie (2).dm Page 5 Book Page 137 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