HomeMy WebLinkAboutResolution 1983 - 0052RESOLUTION NO.83-52-3
MAKING FINDINGS OF FACT AND ORDERING REVOCATION OF
INDUSTRIAL WASTE PERMIT NO.3-135
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY,
CALIFORNIA,MAKING CERTAIN FINDINGS OF FACTS AND
ORDERING THE REVOCATION OF INDUSTRIAL WASTE PERMIT
NO.3-135 ISSUED TO ARNOLD CIRCUITS,INC.
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WHEREAS,Arnold Circuits,Inc.(hereinafter referred to
as “Arnold”)is a manufacturing company authorized to discharge
wastewater to the District’s sewer system by virtue of Industrial
Waste Discharge Permit No.3-135,as modified,issued July
1,1976;and,
WHEREAS,pursuant to notice served on Arnold Circuits,
Inc.,a hearing was held before the Board of Directors of County
Sanitation District No.3 on April 13,1983,for the purpose
of considering the recommendation of the District’s General
Manager to revoke Industrial Waste Discharge Permit No.3-135;
and,
WHEREAS,the recommendation for revocation was based upon
a finding that the Permittee,Arnold Circuits,Inc.,had in
fact,over a period of more than two years,continuously dis
charged a quantity of copper and lead in excess of the limitations
set forth in Permit No.3—135,all of which constitutes a viola
tion of District Ordinance No.305;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,Arnold Circuits,had
failed to act in good faith in attempting to meet the permit
limitations.
NOW,THEREFORE,the Board of Directors of County Sanita
tion District No.3 of Orange County,California,
DOES HEREBY RESOLVE,DETERMINE,FIND AND ORDER:
Section 1 The hearing was conducted on this date for
purposes of considering all of the evidentiary material re
lated to alleged violations of Industrial Waste Discharge
Permit No.3-135 issued to Arnold Circuits,Inc.
Section 2 That all records of the District,including
copies of the Class I Permit,sample reports,laboratory analysis
and correspondence were introduced,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 on behalf
of the Permittee,Arnold Circuits.
Section 4 The Board finds that the facts set forth in
the recitals above are factually true and correct and are
adopted herein as substantive findings relating to said viola
tions.
Section 5 That the decision of the Board is to revoke
Industrial Waste Discharge Permit No.3-135,and the basis
thereof is set forth in the Findings of Fact,Determination
of Issues,and the Decision attached hereto as Exhibit “A”
and incorporated by reference as though fully set forth herein
at length.
PASSED AND ADOPTED at a regular meeting this 13th day
of April,1983.
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BEFORE THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.3 OF ORANGE COUNTY
IN RE THE MATTER OF THE PERMIT
REVOCATION AGAINST
Permit No.3-135
ARNOLD CIRCUITS,INC.,DECISION
Respondent.)
This matter came on regularly for hearing before the Board
of Directors of County Sanitation District No.3 of Orange
County,California,at its regularly—scheduled meeting of April
13,1983,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.3 of Orange County;Mr.Robert
Bertrand,President,appeared on behalf of Arnold Circuits,
Inc.Evidence,both oral and documentary,having been introduced
and the matter submitted pursuant to a stipulation,and the
matter having been submitted for decision,the Board of Directors
finds:
FINDINGS OF FACT
1.Arnold Circuits,Inc.is a manufacturing company located
at 310 East Fourth Avenue,La Habra,California,and was initially
issued Industrial Waste Discharge Permit No.3-135 on July
1,1976.
2.Industrial Waste Discharge Permit No.3-135,as modi
fied,specified certain limitations pertaining to the discharge
of copper and lead,in that the maximum allowable discharge
•of copper is 1.9 lbs.per day;and of lead is 0.9 lbs.per
day,based upon .058 mgd flow of water being discharged into
the District’s system.
EXHIBIT “A”to Resolution No.83-52-3
3.The District has determined,by means of sampling
and testing of the discharge from Arnold,that not less than
35 times since January 1,1977,the discharges contained a
quantity of copper and lead in excess of the limitations set
forth in Permit No.3-135.
4.On January 26,1983,the District served a Permit
Revocation Notice on Arnold Circuits,based upon continuing
discharges and violations of the permit limitations,and the
failure of Arnold to obtain,install and adequately maintain
the necessary pretreatment equipment to insure that further
discharges were in conformity with permit limitations.
5.On February 10,1983,pursuant to District Ordinance
No.305,a permit revocation hearing was held pursuant to written
notice dated January 26,1983.At said hearing,the owners
of Arnold Circuits admitted that they in fact had continuously
failed to comply with the permit requirements established by
the District.
6.As a result of the permit revocation hearing held
by the Assistant General Manager of the District on February
10,1983,together with additional samples of the effluent
discharged from Arnold’s facilities subsequent to the hearing,
a noticed hearing for revocation was scheduled to be held by
the Board of Directors of the District on April 13,1983.
7.The violations of Permit No.3-135 constitute a public
nuisance,and sufficient evidence is in existence.to establish
valid grounds upon which the District may order the revocation
of said Permit No.3—135.
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8.Arnold Circuits consented to the revocation by the
Board of Directors of District of Permit No.3-135 due to the
violations constituting a public nuisance.
DETERMINATION OF ISSUES
1.By reason of the facts found in the Findings of Fact
Nos.1 through 8 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 Arnold Circuits’Permit No.3-135 exists under that Section.
2.By reason of the facts found in the Findings of Fact
Nos.1 through 8 above,Respondent has violated Section 302.3
of the District’s regulations for failure to act in good faith
in attempting to meet permit limitations,and cause for revo
cation of Arnold Circuits’Permit No.3-135 exists under that
Section.
3.By reason of the facts found in the Findings of Fact
Nos.1 through 8 above,Respondent has violated permit conditions
under Permit No.3—135,and cause for revocation of Arnold
Circuits’Permit No.3—135 exists because said violation con
stitutes a public nuisance.
DECISION
1.Pursuant to the determination of Issues Nos.1 through
3 above,separately and severally,the permit of Respondent
is hereby revoked effective this date.
2.The Order of Revocation is hereby suspended for a
period of one hundred twenty (120)days to permit compliance
with Orders Nos.1 through 4 inclusive,set forth below.In
the event of noncompliance thereof,the Board may terminate
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its order of suspension upon five (5)days’written notice
and without further hearing thereon given to Permittee,Arnold
Circuits,Inc.
ORDER
1.That each of the Findings recited herein are factually
true and correct and are supported by substantial evidence.
2.The violations of Permit No.3-135 by Arnold Circuits,
Inc.,constitute a public nuisance and constitute a valid basis
upon which the District may order the revocation of said permit.
3.Permit No.3—135 issued to Arnold Circuits,Inc.
on July 1,1976,is hereby ordered revoked,effective April
15,1983.
4.The Order of Revocation is hereby suspended for a
period of one hundred twenty (120)days,provided Arnold im
mediately undertakes the design,acquisition and installation
of necessary water pollution control equipment,to be operated
and maintained for purposes of meeting all terms and conditions
of District Ordinance No.305 and Industrial Waste Discharge
Permit No.3-135.Said design and acquisition shall be commenced
not later than fifteen (15)days from the date of this Order,
and the installation shall be complete and operation of said
equipment commenced not later than one hundred twenty (120)
days after the date of this Order.Said suspension of the
Order of Revocation is further conditioned on the following:
A.That the water pollution control equipment,as in
stalled,operated and maintained,will result in a discharge
to the District’s system at levels that will be in compliance
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with the limitations set forth in Permit No.3-135,on or before
expiration of said 120 days.
B.Arnold will be responsible for the payment of all
reasonable costs incurred by District for the-sampling and
testing procedures required during the period of suspension
of the Order of Revocation.
C.Effective April 15,1983,and until adequate on—site
water pollution control treatment facilities are installed
and maintained to satisfy the permit limitations,Arnold shall
be responsible to haul away and dispose of all effluent or
waste products which are not in compliance with District
Ordinance No.305,and the following interim limitations:
Copper 3.0 lbs./day
Lead 1.5 lbs./day
Compliance shall be determined based upon the standard methods
of sampling and testing utilized by the District,the State
Water Resources Control Board,Regional Water Quality Control
Board,or U.S.Environmental Protection Agency requirements.
D.Arnold shall post a cash bond in the amount of Five
Thousand ($5,000.00)Dollars,or other surety in a like amount,
and in a form approved by the District’s General Counsel,any
and all parts of which may be forfeited:
(1)In the event Arnold fails to pay the invoices
of District for sampling and testing procedures;
(ii)For any costs incurred by District to haul
effluent not hauled by Arnold;
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(iii)For any other costs incurred by District
directly related to noncompliance with the terms of the
Board’s order of this date;
(iv)As penalties in amounts as prescribed by
District Ordinance for discharges during the term of the
suspension of this Order which constitute an additional
violation of Permit No.3-135 or Ordinance No.305.
E.The District may physically terminate the connection
to the District’s sewer system for failure of Arnold to comply
with the terms of this Order,without further hearing,providing
District gives Arnold five (5)days’advance written notice
thereof.
F.Arnold shall provide weekly progress reports pertaining
to the schedule of compliance during the term of the suspension.
G.Upon satisfactory installation and operation of the
water pollution control equipment by Arnold prior to the end
of one hundred twenty (120)days’suspension period,the Order
of Revocation will be rescinded and Permit No.3-135 reinstated,
with the release of all cash securities in an amount not utilized
by District shall be effected for Arnold.
COUNTY SANITATION DISTRICT NO.3 OF
ORANGE COUNTY,CALIFORNIA
By____________________________________
Chairman,Board of Directors
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STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,WILLIAM H.BUTLER,Secretary of the Board of Directors of County
Sanitation District No.3 of Orange County,California,do hereby certify that
the foregoing Resolution No.83—52—3 was passed and adopted at a regular
meeting of said Board on the 13th day of April,1983,by the following vote,
to wit:
AYES:Bruce Firilayson (Chairman),Marvin P.Adler,Sam Cooper,Norman
E.Culver,Henry R.Frese,Don R.Griffin,Frank 3.Laszlo,
Robert W.Luxembourger,Robert P.Mandic,Jr.,Gerald Mullen,
Charles 3.Rell,Earl C.Roget,Charles E.Sylvia,Harriett M.
Wieder,Duane Winters
NOES:None
ABSENT:Don Roth
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.3 of Orange County,California,this
13th day of April,1983.
William H.Butler,Secretary
Board of Directors of County
Sanitation District No.3
of Orange County,California