HomeMy WebLinkAboutResolution 1977 - 0099TLW:pj
07/13/77
RESOLUTION NO.77-99
A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY
SANITATION DISTRICTS NOS.1,2,3,5,6,7,AND
11 OF ORANGE COUNTY,CALIFORNIA,AUTHORIZING THE
GENERAL MANAGER TO SIGN THE ENFORCEMENT COM
PLIANCE SCHEDULE LETTER (ECSL)PERTAINING TO THE
ISSUANCE OF THE NPDES PERMIT
WHEREAS,the County Sanitation Districts of Orange County,
California have applied to the California Regional Water
Quality Control Board,Santa Ana Region,and the United States
Environmental Protection Agency,Region IX,for the re—issuance
of a permit under the N~tiona1 Pollutant Discharge Elimination
System (NPDES)to discharge pollutants .into the ocean waters
of the United States;and,
WHEREAS,the United States Environmental Protection
Agency has conditioned the issuance of a permit on the execu
tion of an enforcement compliance schedule letter (ECSL)re
lating to the schedule by which the permitee (District)will
achieve compliance with the final effluent limitation contained
in the provisions of the Federal Water Pollution Control Act
(PL-92-500)and the decisions of the Administrator of the
Environmental Protection Agency;and,
WHEREAS,the ECSL,presently submitted for consideration
to the District,establishes a compliance schedule based upon
the award of Step II and Step III Grants to the Districts,all
as more particularly set forth in the proposed ECSL,attached
hereto and made a part hereof by reference as Exhibit “A”’and,
WHEREAS,the Districts have determined that the compliance
letter can be executed,subject to the satisfaction of certain
conditions.on behalf of the Districts.
NOW,THEREFORE,the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,and 1].of Orange
County,California,do hereby RESOLVE,DETERMINE AND ORDER:
Section 1 The General Manager is hereby authorized to
execute the enforcement compliance schedule letter,attached
hereto as Exhibit ~‘A”,and dated by cover letter of July 1,
1977,uponreceipt of assurances of satisfying conditions
set forth in Items 2,3,and 4 below.
Section 2 Prior to execution of the agreement,the
District shall receive,written directive from the United
States Environmental Protection Agency,Region IX,concurred
in by their Office of General Counsel,setting forth the
specific procedures that will be utilized by EPA in the event
of noncompliance by the County Sanitation Districts with the
schedule contained in the ECSL.Specific reference should be
made to the fact that enforcement procedures will be in
accordance with the provisions of the NPDES permit and the
Federal Water Pollution Control Act and regulations issued
thereto and not upon the separate provisions of the enforcement
compliance schedule letter.
Section 3 Prior to execution,the District shall receive
from the State Water Resources Control Board,Clean Water Grant
Division,with the concurrence of the EPA,Region IX,authoriza—
tion for Federal Grant funding for the following items:
—2—
A.Six new 80-foot anaerobic digesters or their equivalent
volume to be installed at PlantNo.2 of the Districts,to
accommodate existing solids treatment required when the
75-MGD Oxygen Activated Sludge facility becomes operational
plus necessary dewatering facilities attendant therewith;
and
B.Hydraulic reliability facilities at Plant No.2 of
the Districts,as previously requested by Districts,which
include new headworks engines and pumps and a new grit chamber
along with effluent discharge piping.
Section 4 Prior to the execution of the ECSL,that the
District receive consideration of a grant for the design and
construction of a new outfall pumping station to replace
the existing outdated outfall facilities.
PASSED AND ADOPTED at a regular meeting of the Boards
of Directors this 13th day of July,1977.
—3—
S74~
L1~~
I ~UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
~PaO1~~’
100 CALIFORNIA SIREET
SAN FRANCISCO.CALIFORNIA 941 1 1
ENFORCEMENT COMPLIANCE SCHEDULE LETTER
NPDES Permit No.:CA0110604
Name of Permittee:County Sanitation Districts of Orange County
Location of Permitted Discharge:001 (primary Point)-23,800
feet offshore of the mouth of the Santa Ana River.002
(Emergency Discharge Point)—7200 feet offshore of the mouth of
the Santa Ana River;003 (Emergency Discharge Point)to the
Santa Ana River.(001 and 002 are to the Pacific Ocean)
Dear Sir or Madam:
The above cited permit (the “Permit”)requires the discharge
identified in and authorized by the Permit (the “Discharge”)
to meet final effluent limitations.(the “Limitations”)contained
in Parts A.1.b,A.1.c and A.2.of the Permit by the July 1,
1977,dated specified in Section 301(b)(1)of the Federal Water
Pollution Control Act (the “Act”).Section 301(b)(1)of.the
Act and subsequent decisions of the Administrator of this
Agency and Federal Courts prevent a permit issued pursuant to
Section 402 of the Act from embodying a compliance schedule to
achieve the Limitations later than such date.
The permittee has submitted documentation,including a
critical path construction management analysis,intended to
establish that it cannot,despite all reasonable best efforts,
construct the facilities necessary to achieve the Limitations
by July 1,1977.
This Agency,in the exercise of its ‘prosecutorial discretion,
will not take action against the Permittee under Section 309
of the Act with respect to the Permittee’s failure to achieve
the Limitations contained in Parts A.1.b.,A.l.c.and A.2.of
the permit on and after July 1,1977,provided that the
Perrnittee complies with all of the following conditions:
A.Interim Effluent Limits Discharges authorized by the
permit shall be limited as follows:
1.Effective until September 30,1977.(Based on a
discharge flow rate of 184 mgd).
EXHIBIT “A—i”
—2--
30 day 7 day
Units Average Average
Biochemical Oxygen Demand Kg/day 160,000 240,000
lbs/day 353,000 530,000
mg/i 230 345
Suspended Solids Kg/day 115,000 174,000
lbs/day 253,000 384,000
mg/i 165 250
2.Effective October 1,1977 until the effective date of
Part B.2.d.below (Based on a discharge flow rate of 197 mgd
plus an intermittent additional discharge of 15 mgd of
secondary treated effluent.
30 day 7 day
Units Average Average
Biochemical Oxygen Demand Kg/day 150,000 225,000
lbs/day 330,000 495,000
mg/i 200 300
Suspended Solids Kg/day 110,000 ~l65,000
lbs/day 240,000 360,000
mg/i 145 220
3.From the effective date of Part B.2.d.below until
June 1,1982 (Based on a discharge flow rate of 212
mgd plus an intermittent additional discharge of 15 mgd
of secondary treated effluent..
30 day 7 day
Units Average Average
Biochemical Oxygen Demand Kg/day 107,000 161,000
lbs/day 235,000 355,000
mg/i 130 195
Suspended Solids Kg/day 80,000 123,000
lbs/day 180,000 270,000
mg/i 100 150
B.Schedule of Compliance The discharger shall achieve compliance
with the final effluent limits contained in Parts A.1.b.,
A.l.c.and A.2.of the permit in accordance with the following
schedule of compliance:
1.For facilities necessary to achieve the interim effluent
limits in Part A.2.above:
a.Complete construction August 1,1977
b.Achieve operational level and comply with effluent
limits October 1,1977
EXHIBIT “A-2”
—3—
2.For facilities (except sludge handling facilities —see
below)necessary to achieve the interim effluent limits
contained in A.3.above.
a.Commence construction January 1,1978
b.50%construction complete April 1,1979
c.Complete construction July 1,1980
d.Achieve operational level and comply with effluent
limits September 1,1980
or 19 months after award of Step III grant for sludge
handling facilities (see #4 below),whichever is later.
e.Submit Reports of Progress October 1,1978
and January 1,1980
3.For facilities (except sludge handling facilities -see
below)necessary to achieve the final effluent limits:
a.Submit application for Stepli grant .2 months after
publication of
Final EIS
b.Commence design 2 months after
award of
Step II grant
c.Complete design 17 months after
award of
Step II grant
d.Submit application forStepill grant .18 months after
award of
Step II grant
e.Commence construction 5 months after
award of
Step III grant
f.50%construction complete 24 months after
award of
Step III grant
g.Complete construction :
43 months after
award of
Step III grant
EXHIBIT “A-3”
—4—
h.Achieve operational level and comply
with final effluent limits 45 months after
award of Step III grant,or 22 months after receipt
of Step III grant for sludge facilities necessary to
achieve the final effluent limits,whichever is later.
i.Submit Reports of Progress 10 months after
award of Step II grant;12,18,31 and 37 months after
award of Step III grant.
4.For sludge handling facilities necessary to achieve
the interim effluent limitations contained in A.3.above:
a.Submit application for Step II grant ..August 15,1977
b.Commence design 2 months after
award of
Step II grant
c.Complete design 15 months after
award of
Step II grant
ci.Submit application for Step III grant .16 months after
award of
Step II grant
e.Receive bids 4 months after
award of
Step III grant
f.Complete construction 19 months after
award of
Step III grant
g.Submit Reports of Progress 8 months after
award of Step II grant and 12 months after award of
Step III grant.
5.For sludge handling facilities necessary to achieve
the final effluent limits:
a.Submit application for Step II grant ..January 1,1980
b.Commence design 2 months after
receipt of
Step II grant
EXHIBIT “A-4”
—5—
c..Completedesign ...8monthsafter
receipt of
Step II grant
d.Submit application for Step III grant .9 months after
receipt of
Step II grant
e.Receive bids 4 months after
receipt of
Step III grant
f.Complete construction 22 months after
receipt of
Step III grant
g.Submit Report of Progress 13 months after
receipt of
Step iii grant
6.No later than 14 calendar days following a date
identified in the above schedule of compliance,the
permittee shall submit and EPA receive either a report
of progress or,in the case of specific actions
being required by identified dates,a written notice of
compliance or noncompliance.In the latter case,the
notice shall include the cause of noncompliance,any
remedial actions taken,and the probability of meeting
the next scheduled requirement.
C.Meet all of the terms and conditions of the Permit,except
as provided above.
D.Meet all of the terms and conditions of this Enforcement
Compliance Schedule Letter,and provided further,that
conditions do not arise which warrant an emergency action
under Section 504 of the Act or modification of the Permit.
The permittee should note that this Enforöement Compliance
Schedule Letter does not preclude the initiation of an action,
pursuant to Section 505 of the Act,by a third person other
than the Agency to enforce the Permit’s requirements to achieve
the Limitations by July 1,1977.
This Enforcement Compliance Schedule Letter does not constitute
a waiver with respect to or imply that the Agency will not take
EXIiII3IT “A—5”
—6—
appropriate enforcement action against the Perrnittée for its
failure to:(1)achieve the Limitations on and after July 1,
1977,if the Pérmittee does not fully satisfy the conditions
set forth above,or (2)fully comply with other relevant
statutory,regulatory,permit and legal requirements with
regard to the Perrnittee.Unless previously revoked,the
effectiveness of this Enforcement Compliance Schedule Letter
shall expire on June 1,1982.
Sincerely,
R.L.O’Connell Date
_____________
Director,Enforcement Division,Region IX
The Permitee hereby agrees that the schedule established above
for the achievement of the Limitations is reasonable and
achievable and that the Permittee will comply with that schedule.
PERMITTEE
By
__________________________
Title -
Authorized Official Date
_____________________________
EXHIBIT “A—6”
cj
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
~,~‘REGION IX
pqo~
100 CALIFORNIA STREET
SAN FRANCISCO,CALIFORNIA 94111 ~1 1q77
In Reply E-4-2
Refer to:868.2A
Mr.Fred A.Harper,General Manager
County Sanitation District of Orange County
10844 Ellis Avenue
P.O.Box 8127
Fountain Valley,CA 92708
Dear Mr.Harper:
There is enclosed a revised Enforcement Compliance
Schedule Letter (ECSL)for the Joint Treatment Plant
Facilities of the County Sanitation Districts of Orange
County (NPDES No.CA0110604).Several minor changes have
been made in the interim effluent limitations,to allow.for
discharge of up to 15 mgd additional secondary treated
wastewater.You indicated at the June 10,1977 public
hearing that it may be necessary at times to discharge this
wastewater,normally accepted by the Orange County Water
District.
The compliance schedules have also been revised to the
“trigger date”format for all tasks for which grant funding
is uncertain.Time increments remain unchanged from the
previous draft,but requirements are now effective contingent
on the award of Step II or Step III grants.
Please sign the ECSL and return it to us as soon as possible.
The NPDES permit cannot be signed until the ECSL is also
ready for signature.
Please refer your staff to TomKremer of the Permits Branch,
(415/556—3454),or Jim Jaffe,Attorney—Advisor,(415/556—7450),
if there are any questions on this matter.
Sincerely,
Ric d L.O’Connell
Director,Enforcement Division
Enclosure
cc:Santa Ana RWQCB (w/encl.)
169 S13
EXHIBIT “A-7”
•
STATE OP CALIFORNIA )
)SS
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.1,2,3,5,6,7,and 11 of Orange
County,California,do hereby certify that the above and foregoing
Resolution No.77-99 was regularly passed and adopted at a
regular meeting of said Boards on the 13th day of July ‘
19 ~
by the following vote,to wit:
AYES:Philip Anthony,Pete Barrett,Russell Gray,Bill Vardoulis,
Thomas Riley,Sam Cooper,Norman Culver,Milan Dostal,
Vernon Evans,Donald Fox,Henry Frese,John Garthe,
Francis Glockner,Don Griffin,Donald Holt,Jr.,Donald
Hudson,Frank Marshott,Donald Mclnnis,Richard Olson,
Norma Gibbs,Bob Perry,Kerm Rima,Earl Roget,Donald Roth,
Paul Ryckoff,Donald Saltarelli,Laurence Schmit,George
Scott,James Sharp,Ron Pattinson,Don Smith,Charles
Stevens,Jr.,Bernie Svalstad,CharlesSylvia,Henry Wedaa,
Harriett Wieder,Donald Winn,Frances Wood and Duane Winters
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand this 13th day
of July
,
19 77.
•,~./Way,~/e ~)frester,Secretary,
B ar~Wof~rcctors,County
ani/4tioA’Districts Nos.1,2,
3,~6,7,and 1].of Orange
•County,Ca1ifornia~
S-lOl