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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