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Home My WebLink AboutResolution 1983 - 0022RESOLUTION NO.83-22-1 MAKING FINDINGS OF FACT AND ORDERING THE REVOCATION OF INDUSTRIAL WASTE DISCHARGE PERMIT NO.1-348 ISSUED TO V.A.L.CIRCUITS, INC A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.1 OF ORANGE COUNTY,CALIFORNIA,MAKING FINDINGS OF FACT AND ORDERING THE REVOCATION OF INDUSTRIAL WASTE DISCHARGE PERMIT NO.1-348 ISSUED TO V.A.L.CIRCUITS,INC. ************************** WHEREAS,pursuant to notice personally served upon the officers of V.A.L.Circuits,a hearing was held before the Board of Directors of County Sanitation District No.1 on February 9,1983,for the purpose of considering the recommen dation of the District’s General Manager to revoke Industrial Waste Discharge Permit No.1-348;and, WHEREAS,the recommendation for revocation was based upon a finding that the Permittee,V.A.L.Circuits,had in fact, over a period of more than two (2)years,continuously discharged quantities of copper in excess of the maximum limitations au thorized by Permit No.1-348;and, WHEREAS,the recommendation was further premised on the fact that the discharge resulted in the establishment of a public nuisance and that the Permittee,V.A.L.Circuits,had failed to act in good faith in attempting to meet the permit limitations. NOW,THEREFORE,the Board of Directors of County Sanitation District No.1 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That a hearing was conducted on this date for purposes of consideration of all of the evidentiary material relating to alleged violations of Industrial Waste Discharge Permit No.1-348,issued to V.A.L.Circuits. Section 2 That all records of the District,including copies of the Class I Permit,sample reports,laboratory analysis and correspondence were introduced and received and ordered as part of the official record for consideration by the Directors. Section 3 That all testimony was presented by representa tives of the District’s Staff,and by representatives of the Permittee,V.A.L.Circuits. Section 4 That the decision of the Board to revoke Indus trial Waste Permit No.1-348,was approved and is set forth in the Findings of Fact,Determination of Issues and the Decision, attached hereto as Exhibit “A”and incorporated herein by reference as though fully set forth herein at length. PASSED AND ADOPTED at a regular meeting of the Board of Directors this 9th day of Februaiy,1983. —2— E~FORE THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY IN THE MATTER OF THE PERMIT REVOCATION AGAINST )Permit No.1-348 V.A.L.CIRCUITS,INC.,)DECISION Respondent. THIS MATTER came on regularly for hearing before the Board of Directors of County Sanitation District No.1 of Orange County,at its regularly-scheduled meeting of February 9,1983, at the hour of 7:30 p.m.,and was heard on that date.Thomas L.Woodruff,General Counsel,appeared on behalf of County Sanitation District No.1 of Orange County. Mr.Jess Valverde and Mr.Ron Larson.appeared on behalf of V.A.L.Circuits,Inc.Evidence,both oral and documentary having been introduced,and the matter submitted,the Board of Directors finds: FINDINGS OF FACT 1.That J.Wayne Sylvester,Assistant General Manager, as representative of County Sanitation District No.1 of Orange County,filed the permit revocation complaint in his official capacity as Assistant General Manager on December 30,1982. Said complaint was sent to V.A.L.Circuits at 2626 Shannon Street,Santa Ana,California by certified mail.A return receipt was received by the Sanitation Districts indicating that the complaint was received by Respondent. EXHIBIT “A—i” 2.That Respondent,V.A.L.Circuits and its owner,Jess Valverde,was issued a Permit by County Sanitation District No.1 of Orange County on June 1,1980.Said Permit is a Class I,Industrial Waste Discharge Permit issued pursuant to Section 302.1 of the “Regulations for Use of District Sewage Facilities” (enacted July 1,1976,hereinafter referred to as “Regulations”). This Permit,No.1-348,has been in full force and effect con tinuously since that date. 3.That,pursuant to the terms and conditions of Permit No.1-348,Respondent was limited to .5 lbs.of copper discharge per day from June 1,1980 to June 1,1981.From June 1,1981 to present,Respondent was limited to .7 lbs.per day of copper discharge into the District’s system. 4.That,since June 1,1980,District employees have sampled the wastewater discharge from Respondent’s facilities on 36 occasions.Laboratory analysis of said samples establishes that,in 35 out of 36 samples,V.A.L.Circuits has discharged copper into the District’s system in amounts exceeding the discharge limitations allowed under the Respondent’s Permit. The test results from said samples are attached hereto as Ex hibit “A”.The samples taken by District employees showed, through laboratory analysis,that V.A.L.Circuits exceeded its permit limitations for the metal copper by 33.9 lbs.during the Sampling and Evaluation Program of March,1981.Such amount results in noncompliance fees of $1,017.00. 5.That,because of V.A.L.Circuit’s inability to comply with copper discharge limitations,Respondent and the District —2-- EXHIBIT “A-2” agreed to enter into an Enforcement Compliance Schedule Agreement (“ECSA”).Pursuant to this Agreement,the District prepared the ECSA on May 12,1982.Said Agreement raised the copper discharge limitations,effective July 31,1982,up to a maximum of 2 lbs.per day.These limits,which are in excess of the limits established under Section 208 of the District’s Regula— tions,would expire on July 31,1983.It is found that the reason for the Agreement to increase limitations for a temporary period was to give Respondent an opportunity to work towards meeting the limitations without being unduly penalized.V.A.L. Circuits refused to sign said ECSA,and has failed and refused to do so up until this date. 6.That,on November 4,1982,pursuant to District Ordinance No.1—103,a permit revocation hearing was held because of the continued violation of discharge limitations and the failure to sign the proposed ECSA and meet the proposed ECSA compliance schedule.Notice was properly given,and Mr.Jess Valverde and Ron Parsons of V.A.L.Circuits attended said permit revoca tion hearing.At said hearing,‘V.A.L.Circuits promised full discharge compliance by November 19,1982.Further,at said hearing,V.A.L.Circuits did not dispute that it was out of compliance with the permit requirements duly enacted by the District. 7.That,subsequent to the permit revocation hearing of November 4,1982,the District sampled the effluent discharge emanating from V.A.L.Circuits’facilities on December 1 - 2,1982;January 3 -4,1983;and again on January 31 — V —3— EXHIBIT “A-3” February 1,1983.On December 1 -2,1982,the tests indicated that V.A.L.Circuits was discharging copper at a rate of 3.8 lbs.per day.On the tests of January 3 -4,1983,the samples indicated that V.A.L.Circuits was discharging copper at a rate of 2.9 lbs.per day.On the tests of January 31 -February 1,1983,the samples indicated that V.A.L.Circuits was dis charging copper at a rate of 5.6 lbs.per day. 8.That V.A.L.Circuits has failed and refused to cooperate and continues to discharge copper into the District’s sewer system in amounts in excess of the permit limits under Permit No.1—348. 9.That V.A.L.Circuits,based on past consistent viola tions of discharge requirements and its failure to make good faith efforts to reduce its discharge of copper,has willfully refused to comply with the permit limitations established by the District. 10.That the discharge of copper in excess of the limits established by the District constitutes a public nuisance. 11.That V.A.L.Circuits was given an opportunity to be heard and present evidence on its behalf at the hearing held before the Board of Directors on February 9,1983. DETERMINATION OF ISSUES 1.By the reason of the facts found in the Findings of Fact Nos.1 through 11 above,Respondent has violated Section 303.6 of the District’s Regulations entitled “Violation of Permit Requirements and Ordinance Conditions”,and cause for revocation of V.A.L.Circuits’Permit No.1-348 exists under —4— EXHIBIT “A-4” that Section. 2.By reason of the facts found in Findings of Fact Nos. 1 through 11 above,Respondent has violated Section 302.3 of the Regulations for failure to act in good faith in attempting to meet permit limitations,and cause for revocation of V.A.L. Circuits’Permit No.1-348 exists under that Section. 3.By reason of the facts found in Findings of Fact Nos. 1 through 11 above,Respondent has violated its permit condi tions under Permit No.1-348,and cause for revocation of V.A.L. Circuits Permit No.1-348 exists because said violation con stitutes a public nuisance. DECISION 1.Under Determination of Issues Nos.1 through 3 above, separately and severally,the permit of Respondent is hereby revoked,effective this date. 2.The General Manager and General Counsel are ordered and authorized to take all necessary actions to carry out this Order of Revocation,including but not limited to the immediate termination of service connections from Respondent’s property to the District’s system. Dated:____________________COUNTY SANITATION DISTRICT NO. “/1 OF ORANGE COUNTY,CALIFORNIA ..~ ~/..‘-~•~‘~•~- Chairman,Board of Directors —5— EXHIBIT “A—5” STATE OF CALIFORNIA) SS. COUNTY OF ORANGE I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County Sanitation District No.1 of Orange County,California,do hereby certify that the foregoing Resolution No.83—22—1 was passed and adopted at a regular meeting of said Board on the 9th day of February,1983,by the following vote, to wit: AYES:Robert Hanson (Chairman),Robert Luxembourger,Don Saltarelli, Roger Stanton NOES:None ABSENT:None IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 of Orange County,California,this 9th day of February,1983. William H.Butler,Secretary Board of Directors of :Côunty !~ Sanitation District Nb.l ( of Orange County,Ca1i~ornia