HomeMy WebLinkAboutResolution 1960 - 0791RESOLUTION NO.791-li
RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.11 OF ORANGE COUNTY,
CALIFORNIA,APPROVING FORM OF AGREEMENT WITH
INDUSTRIAL WASTE DISCHARGERS LOCATED IN COUNTY
SANITATION DISTRICT NO.3 0?ORANGE COUNTY,
CALIFORNIA,FOR DISCHARGE OF INDUSTRIAL WASTE TO
TRUNK SEWERS OF SAID DISTRICT NO.11 AND
AUTHORIZING THE GENERAL MANAGER TO EXECUTE AND
TO TERMINATE SUCH AGREEMENTS
The Board of Directors of County Sanitation District No.11
of Orange County,California
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1.That County Sanitation District No.11 of Orange
County,California owns and maintains trunk sewer situated within
both said District No.11 and within County Sanitation District
No.3 of Orange County,California in which said trunk sewers
there is,and will be for the next several years,excess capacity
beyond the needs of the property within said District No.11 which
said trunk sewers were designed to serve.
Section 2.That it is to the best interest of said District
No.11 to enter into agreements with individuals and corporations
providing for discharge to said trunk sewers of industrial waste
originating from property located in said District No.3.
Section 3.That the Standard Agreement form attached hereto
and made a part of this resolution,providing for said discharge
of industrial waste,is hereby approved.
Section 4.That the General Manager is hereby authorized to
execute and to terminate agreements with said individuals and
(tOL~poLati~oD~on seld Standard Agreement form.
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STPTE OF CALIFORi~lk)
ES
COUNTY OF ORANGE )
I,FRED A.RARPER,Secretary pro tern of the ~oard of
Directors of County Sanitation District No
11
of Orange
County,California,do hereby certify that the above c~nd
foregoing Resolution No.was regularly passed E.ild
adopted at a regular meeting of said Board on the day of.
Pebruar~j,.1960,by the following roll call vote,to wit!
AYES:Directors:~Iz’by.
..
.
C..M.?eatherly
NOES:Directors
~BSENT Directors
~1ct0r Tex~r1
IN WITNESS WHEREOF.,I.~av.e hereunto set my hand and affixed
1].
the official seal of County sanitation District No.of
Orange County,California,tuis
11th
day of 1960.
etary pro tern,Board Direct~s
Of County Sanitation District No
Of Orange County,California
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STANDARD AGREEMENT
FOR DISCHARGE OF INDUSTRIAL WASTE FROM
COUNTY SANITATION DISTRICT NO.3 OF
ORANGE COUNTY,CALIFORNIA,TO TRUNK
SEWERS OF COUNTY SANITATION DISTRICT
NO.11 OF ORANGE COUNTY,CALIFORNIA
This agreement made on the day of ,19
by and between COUNTY SANITATION DISTRICT NO.11 OF ORANGE COUNTY,
CALIFORNIA,a duly organized and existing public corporation,here
inafter called ~and
hereinafter called ?Discharger~
W I T N E S S E T H:
WHEREAS,District owns trunk sewers situated within both the
District and County Sanitation District No.3 of Orange County,
California,in which said trunk sewers there Is,and will be for
the next several years,excess capacity beyond the needs of the
property within the District which said trunk sewers were designed
to serve;and
WHEREAS,Discharger desires for his convenience to dispose of
industrial wastes originating from property located within said
County Sanitation District No.3 into said trunk sewers;and
WHEREAS,on February 10,1960 the Board of Directors of
District adopted Resolution No.791-11 approving the discharge of
industrial wastes originating in said County Sanitation District
No.3 into said trunk sewers of the District subject to the terms
and conditions of this agreement and authorizing the General Manager
to execute and to terminate agreements with Individuals and corpor
ations for this purpose;
NOW,THEREFORE,in consideration of the mutual covenants set
forth and of the mutual benefits to be derived by this agreement it
Is mutually agreed as follows:
1.District will on receipt from the City of Huntington Beach,
a duly organized municipal corporation,of an application
for connection to District?s trunks under the provisions
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of Ordinance No.1101 of District,issue said City a
permit for discharge of industrial waste by Discharger
providing that said industrial waste shall not have
characteristics prohibited by the rules,regulations,
ordinances,agreements and resolutions of the District.
2.Discharger will exercise due diligence to insure compliance
with the terms of said Ordinance No.1101 and with all
other rules,regulations,ordinances,agreements and
resolutions of the District and in the event of non
compliance with said terms,agrees to pay District such
sums as District determines in its sole discretion to be
reasonable compensation for damages to District arising
f rem such noncompliance.
3.District may,in the event of said noncompliance,summarily
take all necessary steps to cause the discontinuance of
discharge of said industrial waste by the Discharger and
shall have the power to enter property of the Discharger
at any time to effect such discontinuance or to inspect
treatment facilities provided by Discharger and such
right of entry is hereby given to District by Discharger.
)4•Discharger will pay,at Discharger’s option,to District
and as full compensation for the conveyance,treatment and
disposal of qualified industri.al wastes,one of the follow
ing fees for acceptance of said industrial wastes into
said trunk sewers of the District:
A.Three dollars and fifty cents ($3.50)per month per
producing oil well located in County Sanitation
District No.3 of Orange County or
B.Seventy Dollars ($70.00)per million gallons of said
industrial waste originating in County Sanitation
District No.3 of Orange County,California.
5.Discharger wtll quaTterly,on or before the tenth.day of
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January,April,July and October of each year,submit to
District a certified statement of either:
A.The average number of producing oil wells located
in said County Sanitation District No.3 from which
industrial waste was discharged to said trunk
sewers of the District in the preceding quarter,or
B.The number of million gallons (as determined by a
metering device approved by the District and in
stalled at Discharger’s expense)of industrial
wastes originating in said County Sanitation
District No.3 discharged into said trunk sewer of
the District in the preceding quarter,
and with said ‘~ertified statements will submit payment to
the District for the preceding quarter,said payment to be
computed on the fee schedule set forth hereinabove.
6.District may terminate this agreement and prohibit and
stop forthwith the discharge of industrial wastes by the
Discharger,after first giving Discharger 10 days notice
in writing of Discharger’s defaults or violations,if
Discharger fails to make any payment provided for herein
or if Discharger causes or permits industrial wastes
containing prohibited characteristics to be discharged
into District’s Trunk sewer.
7.Discharger may terminate this agreement at any time by
discontinuing said discharge,paying any monies due to
District and by serving notice thereof to District.
Unless all three things are done by Discharger,this
agreement shall continue in full force and effect until
terminated by the District.
8.Dtstrict may,at will,terminate this agreement on
written notice thereof,said termination to become
effective 180 daya after date of said notice.
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