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HomeMy WebLinkAboutResolution 1985 - 0130q RESOLUTION NO.85-130 A RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7,11 AND 13 CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FOR “FORMATION OF COUNTY SANITATION DISTRICT NO.14 AND PROPOSED REORGANIZATON NO.79 INVOLVING REORGANIZATION OF COUNTY SANITATION DISTRICTS NOS.7 AND 13” MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS ********************* WHEREAS,the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11 and 13 of Orange County, California,are hereby considering the approval of the formation of County Sanitation District No.14 and the reorganization of County Sanitation Districts 7 and 13,(“the Project”),and WHEREAS,County Sanitation Districts Nos.-1,2,3,5,6;7, 11 and 13 (hereinafter “DISTRICTS”)are the designated Lead Agency for the preparation and consideration of environmental documents for formation of County Sanitation District No.14 and are Lead Agency for the proposed reorganization of County Sanitation Districts Nos.7 and 13 as defined in the California Environmental Quality Act of 1970,as amended,(hereinafter “CEQA”)and the State of California Guidelines for the Implementation of the California Environmental Quality Act as modified and adopted by the DISTRICTS (hereinafter “CEQA Guidelines”); WHEREAS,in order to facilitate an objective assessment of the individual and collective environmental impacts associated with the formation of County Sanitation District No.14 and proposed 1 reorganization of County Sanitation Districts Nos.7 and 13,the Districts have caused to be prepared a Draft Environmental Impact ~eport,“Formation of County Sanitation District No.14 and Proposed —Reorganization No.79 Involving Reorganization of County Sanitation Districts Nos.7 and 13”,to address the significant environmental impacts,mitigation measures and project alternatives associated with the project;and WHEREAS,the DISTRICTS have consulted with other public agencies,and the general public and given them an opportunity to comment on said Draft EIR as required by the provisions of CEQA and the CEQA Guidelines;and WHEREAS,on June 12,1985,a duly noticed public hearing was held by the Boards of Directors of the DISTRICTS to provide a further opportunity for the general public to comment on and respond o the Draft EIR at which time no person other than the DISTRICTS’ consultant spoke;and WHEREAS,the DISTRICTS have evaluated the comments received from public agencies and persons who reviewed the Draft EIR;and WHEREAS,said comments and recommendations received on the Draft EIR,either verbatim or in summary and the responses of the DISTRICTS to significant environmental points raised in the review and consultation process have been included in and made part of said Draft EIR to form the Final EIR for said Project as required by Section 15132 of the CEQA Guidelines;and 2 WHEREAS,said Final EIR has been presented to the members of the Boards of Directors of DISTRICTS for review and consideration nor to the final approval of,and commitment to,the formation and eorgani zation. NOW,THEREFORE,BE IT RESOLVED by the Boards of Directors of County Sanitation Districts Nos.1,2,3,5,6,7,11 and 13 of Orange County,California as follows: 1.That the Boards of Directors of said DISTRICTS do hereby certify that the Final Environmental Impact Report,“Formation of County Sanitation District No.14 and Proposed Reorganization No.79 Involving Reorganization of County Sanitation Districts Nos.7 and 13” is adequate and complete in compliance with CEQA and the CEQA Guidelines and that the DISTRICTS have reviewed and considered the information contained in said Final EIR prior to approval of,or mmitment to,“the Project”.Said Final EIR is composed of the following elements: A.Draft Environmental Impact Report “Formation of County Sanitation District No..14 and Proposed Reorganization No.79 Involving Reorganization of County Sanitation Districts Nos.7 and 13”and all appendices thereto; B.Comments and responses to comments on said Draft EIR; 2.That the Boards of Directors of DISTRICTS do hereby find that changes or alterations have been required in,or incorporated into the Project which will mitigate or avoid any significant adverse effects identified in the Final EIR as specifically itemized below. 3 A.Operational Impacts Impacts Under projected operating conditions some 35 years in the future,the proposed District No.14,as now conceived,would contribute about nine percent of the anticipated DISTRICTS Joint Works flow.Thus,it is expected to account for,about nine percent of the operational impacts such as energy use,chemical use, transportation requirements,air pollutant emissions,and residue disposal.Impacts are generally less per million gallons treated for a larger size facility due to the greater efficiency achieved and economies of scale. Findings Many of the measures now being implemented by DISTRICTS to reduce the impacts associated with treating greater flows at the Joint Works Facilities will be used to mitigate any impact of treating flows from District No.14.These include approximately $34 million in environmental mitigation or improvement projects for odor control and energy generation from digester gas and waste heat from engines.Ongoing industrial and nonindustrial source control programs and improvements to operations are designed to further improve effluent quality.These improvements are being made to assure compliance with waste discharge requirements now and in the future. Other treatment plant improvements being studied or implemented by DISTRICTS as part of the Master Plan include new landscaping,improved vehicle access to Plant 4 No.1 with a direct signalized entry near the Euclid off—ramp of the San Diego (405)Freeway and an outdoor lighting and energy ôonservation study. B.Construction Impacts —Joint Works Treatment Facilities Impacts Over the next 3—5 years,the DISTRICTS will be constructing proposed Master Plan improvements. Sufficient capacity will be available for an interim period •to serve initial District No.14 flow needs (excess in amount of water reclaimed at Michelson).Serving this capacity will necessitate accelerating the next incremental increase in treatment plant capacity which will specifically address District No.14 flow needs for a longer period of time.Facilities needed to serve District No.14 flows are listed in Table 1—2 of the Draft EIR and include increasing the size of the headworks, three primary sedimentation basins,a sludge digester tank,sludge thickener,two aeration basins,two secondary clarifiers,and~one belt filter press.With the exception of the headworks,these new facilities may need to be built to handle flows for District No.14,if the Master Plan facilities are not built on an accelerated schedule. Master planned facilities to be constructed in phases for the entire DISTRICTS’service area will have to be constructed and utilized at an accelerated pace in comparison to what is now set forth in the Master Plan. However,flows within the DISTRICTS’service area over the past several years have not increased at the rate the 1983 5 Master Plan predicted,thus the actual Master Plan recommendations may be sufficient under present conditions to serve the present DISTRICTS’service area and District No.14 through the year 2000 without any major changes other than those mentioned above. Findings The construction impacts associated with the addition of new facilities and modifications of existing facilities to meet existing DISTRICTSt service area needs are described in detail in the March 1985 Master Plan Draft EIR (CSDOC,1985).The impacts associated with accommodating District No.14 flows would be of similar nature,but represent an incremental increase of approximately one—ninth.Construction would occur at the same time as the 1983 Master Plan improvements,and, therefore,would not result in any major extensions in construction periods.Also,new facilities will incorporate more environmental improvements in response to both local community needs (i.e.,odors,noise,visual appearance,etc.)and environmental regulations (i.e.,air pollution control regulations,effluent discharge limitations,and energy conservation needs).Thus,future flow increases are not expected to result in local impacts which will be incrementally noticeable compared to existing operations.Mitigation measures proposed in the Master Plan EIR are also applicable for the construction impacts associated with any new facilities or upsizing of 6 facilities associated with District No.14 flows.These mitigation measures are listed below. (1)Soil and geological studies will be conducted to evaluate foundation resistance.During construction, soil subject to wind blowing will be watered to minimize dust. (2)Desanding of water and water disposal in accordance with EPA and RWQCB NPDES Permit guidelines. (3)During construction,use of well tuned and properly maintained equipment can reduce gaseous pollutant emissions.Discontinuing construction during second stage smog alerts will also reduce air pollution problems on poor air quality days. (4)No additional site survey work is needed to identify cultural artifacts.However,if something of potential scientific,cultural or historic interest is discovered during construction,an expert should be called in to investigate and work stopped in the immediate area. (5)A traffic management plan should be developed in cooperation with the selected contractors,the District, CalTrans,and the Cities of Huntington Beach and Fountain Valley.Plant No.1 has almost direct access to the San Diego Freeway which should minimize local 7 impacts.Relocation of the existing service entrance and access road has been proposed to provide direct signalized access to and from Plant No.1. (6)Construction activities should not commence before 7:30 a.m.nor extend past the hour of 5:30 p.m.or the hours stipulated by local ordinances.Low noise level equipment and noise barriers should be used.If feasible,pile drivers should not be used. (7)Maximize use of materials by good design and one—time construction of major structures to be fitted with equipment when needed. C.Construction Impacts —Baker Street Force Main Impacts Placement of sewer lines will require excavation of some portions of each roadway.Minor to moderately significant impacts in terms of traffic congestion and changes to present patterns of circulation could result. Potential hazards to traffic could exist due to improper traffic control techniques and warning signs. Findings Guidelines which will significantly reduce traffic and circulation impacts should include the following:tunneling under adjacent intersections; restricting construction hours;where feasible,locating sewer lines within public right—of—way and along centerline,but outside travel lanes;eliminating existing 8 on—street parking;relocating sewer lines to less busy roadways;and preparation of traffic control plans before construction.For roadways in the 0.70 to 0.90 volume to capacity ratio,the following measures should be utilized: restrict construction to off peak hours and maintain all through traffic lanes at intersections.For traffic volumes within the 0.30 to 0.70 volume to capacity ratio: no need to limit construction hours,at least one through—travel lane maintained,and any striped median should be eliminated. Impacts Increases in exhaust and fugitive dust emissions affecting primarily the immediate vicinity but also adding to the cumulative emissions load region—wide will result. The potential exists for the release of objectional odors into the atmosphere during construction of sewer trunk lines. Findings Compliance with Rule 403 of the.SCAQMD Rules and Regulations will mitigate fugitive dust emissions during construction.DISTRICTS’normal mode of operations for tie—ins to existing sewer facilities (requirement for full structure before tie in and tie—ins during low—flow periods)should be continued.Construction equipment should be maintained in proper tune to meet emissions standards. 9 Impacts Coordination between DISTRICTS and all utility companies will be necessary to avoid conflicts and properly time future utilities improvements. Findings Each of the affected utility companies will be contacted prior to construction to coordinate respective planning efforts.To the extent possible,other utility facilities will not be interrupted during project construction.A check for existing utility locations will be made prior to final route locations.DISTRICTS will comply with the Department of Health and Safety’s criteria for separation of water mains and sanitary sewers. Impacts Increased erosion and siltation due to soil disturbance may occur as local groundwater infiltrates into open trenches. Findings Groundwater infiltration can be controlled by portable sump pumps discharging into the existing sewer line or into existing catch basins after desilting;these practices would be in accordance with DISTRICTS NPDES discharge permit,which allows such practice.Surface runoff will be handled by the existing storm drain system. Approved dewatering techniques will be implemented to dispose of excess water which collects in the open trench or around the installed line.Sandbagging or another appropriate method will be employed to protect open trenches from storm flows. 10 D.Secondary Impacts Impacts District No.14 population projections exceed current general plan projections in the City of Tustin. Findings If proposed land use amendments currently before City of Tustin are not approved,District No.14 plans will be revised to reflect approved projections,for that area. Impacts Population and housing projections used by District No.14 (IRWD)for long—range service need estimates are inconsistent with local government projections in two areas: (1)District No.14 growth projections for the City of Orange,5,846,are based on the middle (not the high end)of the city’s growth projection range of from 3,506 to 8,789 units. (2)District No.14 projections for the County of Orange Laguna Laurel subarea are higher (by 4,000 units) than the county’s projections. Findings District No.14 long—range service plans will be revised to reflect the higher growth projections for the City of Orange,and the lower growth projections for the County of Orange Laguna Laurel subarea.No change in the overall capacity of District No.14 in DISTRICTS ‘is required, as the discrepancies essentially balance one another. 11 3.The Boards of Directors of DISTRICTS further find that although changes,alterations or conditions have been incorporated ~to the Project which will substantially mitigate or avoid z~ignificant effects identified in the Final EIR,certain of the significant effects cannot be mitigated to fully acceptable levels. The remaining impacts identified below may continue to be of significant adverse impact even when all feasibly known and identified mitigtaion measures are applied. A.Construction Impacts —Baker Street Force Main Impacts Construction noise will temporarily increase background noise levels and may impact nearby residential areas along route.Noise levels will vary with different stages of construction but can be expected to range from 70 dB(A)to 105 dB (A)at 50 feet. Findings All construction activities will comply with the noise limitations set by the individual cities or the County of Orange.Proper use and maintenance of noise reduction devices on heavy equipment will help to mitigate the problem and construction activities will be limited to daylight hours in noise sensitive areas. Impacts Short—term visual impacts from machinery will occur during construction. Findings Efforts will be made to minimize the aesthetic impacts during construction.Mitigations include re—establishment of landscaped areas after construction. 12 The Boards of Directors find the above mitigation measure will substantially reduce the impact and that further measures are not economically feasible for a short-term impact. B.Secondary Impacts Impacts Oversizing the capacity of sewer line trunks may facilitate future growth and land use intensification in the District No.14 service area. To the extent that the project allows for the continuation of existing growth trends in the IRWD service area, long—term population growth may generate further impacts including: Alteration of natural landform •Changes in hydrology Loss of prime agricultural soils •Increased erosion and sedimentation •Introduction of urban contaminants into natural bodies of water Disruption of natural biotic communities Increased traffic with potential for congestion •Additional mobile and stationary source emissions into the air basin Increased ambient noise levels •Increased demands for public services,utilities,and energy resources •Loss of open space •Disruption of archaeological,paleontological and historical resources 13 Findings For the most part,the adverse impacts associated with the population growth and concomitant urban devel6pment are not wholly unavoidable.Most of these impacts can be mitigated through the implementation of appropriate measures in the context of a comprehensive planning process by appropriate planning entities.A creative approach to environmental design that emphasizes integrated solutions to the diversity of environmental problems associated with growth is necessary if adverse cumulative impacts are to be minimized.These impacts are under the purview of local jurisdictional agencies responsible for land use planning. 4.Certain changes or alterations (e.g.,mitigation measures)are required in or incorporated into “the Project”through the permitting esponsibility and jurisdiction of a public agency other than County Sanitation Districts Nos.1,2,3,5,6,7,11 and 13.These changes will be included in permits obtained from the applicable agency by DISTRICTS or its contractor as itemized below: A.Applicable rules of the Air Quality Management Plan to the Projects when implemented provide partial mitigation for short—term air quality impacts.The South Coast Air Quality Management District is responsible for insuring compliance with and implementation of these rules. DISTRICTS’staff is working closely with that agency. B.A California Coastal Permit will be required for any construction at Treatment Plant No.2 in Huntington Beach. 14 The City of Huntington Beach is responsible for issuance of the permit and insuring implementation of certain projects in accordance with the rules of the Local Coastal Plan. C.Approval from CalTrans and the City of Fountain Valley will be required for entrance modifications at Plant No.1. CalTrans is responsible for insuring compliance with such requirements. D.A dewatering permit will be required for discharge of groundwater encountered during construction.The Regional Water Quality Control Board is responsible for insuring compliance with dewatering permit requirements. E.Any facilities encroaching upon Environmental Management Agency (EMA)Flood Control facilities will require a permit and project approval from EMA. 5.The Boards of Directors of County Sanitation Districts Nos. 1,2,3,5,6,7,11 and 13 have balanced the benefits of the proposed “Project”against its unavoidable environmental risks in determining whether to approve said Project.The Boards do hereby further find, determine and state,pursuant to the provisions of Section 15093 of the State Guidelines,that the occurrence of those certain significant environmental effects identified in the Final EIR and set forth in paragraph 3 above have been found acceptable and will be permitted without further mitigation due to the following overriding considerations: 15 A.The project is economically and environmentally’beneficial to accommodate wastewater flows from ongoing development approved by the local planning zoning authorities within proposed District No.14 after required environmental reviews.The DISTRICTS are a single purpose agency with the responsibility to collect,treat and dispose of wastewater generated within the DISTRICTS’service area. Construction of facilities associated with the Project identified in the EIR are necessary to provide sewerage facilities to serve development approved by the cities and county in proposed District No.14 after separate environmental review by the approving entity as identified in local land use plans. B.The Boards of Directors find that implementation of the project alternatives identified in the Final EIR are - environmentally and economically infeasible as follows: 1.Expansion of IRWD’s Michelson Water Reclamation Plant and Construction of Ocean Outfall Interceptor Under this alternative,IRWD would produce up to 15 MGD of reclaimed water at the Michelson Water Reclamation Plant (MWRP)on a seasonal basis.Flows exceeding the seasonal reclamation rate would be treated at MWRP and conveyed through an IRWD interceptor for ultimate disposal through the Districts’ocean outfall.The environmental impacts associated with this •alternative are similar or the 16 same as those addressed in the EIR for the proposed “Project”.Construction impacts will be associated with expansion of the treatment plant and the interceptor to the ocean outfall.The urban and natural environment in the vicinity of the MWRP would be impacted by construction,whereas with the proposed “Project”,the majority of construction impacts would be experienced in the vicinity of the existing CSDOC Plant No.1.In addition,the interceptor facilities which will be used to convey the wastewater to Plant No.1 under the “Project”are planned facilities to accommodate existing Sanitation District flows and the upsizing of the facilities will not result in additional environmental impacts,whereas conveyance facilities to take IRWD flows to the DISTRICTS’ existing ocean outfall would be constructed in other areas. 2.Expansion of IRWD’s Michelson Water Reclamation Plant and Construction of a New Ocean Outfall Under this alternative,IRWD would provide for meeting.the majority of its ultimate treatment and disposal requirements without the joint utilization of existing or planned DISTRICTS facilities.Under this alternative,the discharges would be made through a new ocean outfall constructed,either wholly or in major part,for the use of IRWD.Since IRWD would 17 retain ownership of its 15 MGD of disposal capacity in the DISTRICTS outfall,it is probable that the new outfall would be constructed adjacent to the CSDOC outfall.In this manner,IRWD could instead utilize a single trunk system to discharge into both outfalls. By utilizing a single trunk system,the additional on—land construction impacts would be similar to or the same as those described in this EIR.Construction of the new IRWD ocean outfall adjacent to the existing DISTRICTS outfall would also have fewer impacts than construction of the new outfall in another location due to familiarity with the current location gained through past construction efforts.This familiarity would minimize the risk of unforeseen impacts and enhance the ability to develop a viable mitigation program.However,the impacts of construction of a major ocean outfall in the marine environment would, in itself,be a significant environmental impact. Assuming construction by IRWD of an outfall with similar depth,length and diffuser capabilities,it is probable that the marine impacts would be equivalent to those experienced during construction of the DISTRICTS outfall. 3.Anaheim Forebay Reclamation Project This project would include the construction of a wastewater reclamation facility to treat wastewater from Sanitation District No.2 near the basin recharge 18 area in the City of Anaheim.Eventually this facility could be enlarged to treat up to 50 MGD.The primary reason the project has not been implemented is the very high costs associated with it and the lack of firm regulatory guidance on water quality levels needed for groundwater recharge. 4.Seal Beach Water Reclamation Plant This project includes the construction of a reclamation plant that would treat up to 5.6 MGD of flow for augmenting the Los Alamitos groundwater barrier project near the San Diego River.This project has limited capacity reduction and has not yet been identified as economically feasible. 5.No Project Alternatives Under the No Project alternative,IRWD would continue to serve the wastewater (as well as water)needs within its service area.County Sanitation District No.14 would not be formed,nor would District.Nos.7 and 13 be reorganized.IRWD would continue to utilize its existing capacity in MWRP.At the same time IRWD would re—evaluate its remaining options for serving the long range treatment and disposal needs within its service area. PASSED AND ADOPTED AT A REGULAR MEETING HELD JULY 24,1985 19 STATE OF CALIFOPNIA) SS. ~OUNTY OF ORANGE I,RITA J.BROWN,Secretary of the Boards of Directors of County Sanitation Districts Nos.1,2,3,6,7 and 13 of Orange County,California,do hereby certify that the foregoing Resolution No.85—130 was passed and adopted at an adjourned regular meeting of said Boards on the 24th day of July,1985,by the following vote,to wit: AYES:Michael Beverage,Richard Buck,Sam Cooper,Norman Culver, Richard B.Edgar,Don R.Griffin,Dan Griset,Robert Hanson, Ronald B.Hoesterey,Carol Kawanami,Philip Maurer,James Neal, Richard Olson,Richard Partin,Richard Polis,Joyce A.Risner, Don Roth,David Sills,Jean Siriani,Don E.Smith,James Wahner, Dorothy Wedel NOES:None ABSENT:Ruth Bailey,Buck Catlin,Evelyn Hart,Roger Stanton,Charles Sylvia,John Thomas IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.1 on behalf of itself and Districts Nos.2,3,6,7 and 13 of Orange County,California,this 24th day of July, 1985. Rita J.Browr~Secretary Boards of Directors,County Sanitation Districts Nos.1,2,3, 6,7 and 13 of Orange County,California