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Home My WebLink AboutOCSD 98-13RESOLUTION NO.OCSD 98-13 ADOPTING RULES OF PROCEDURE REGARDING ADMINISTRATIVE PROCEEDINGS BEFORE THE STEERING COMMITTEE OR BOARD OF DIRECTORS PURSUANT TO SECTIONS 615.618 AND 618.1 OF ORDINANCE NO.OCSD-O1. ESTABLISHING WASTEWATER DISCHARGE REGULATIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING RULES OF PROCEDURE REGARDING ADMINISTRATIVE PROCEEDINGS BEFORE THE STEERING COMMITTEE OR BOARD OF DIRECTORS PURSUANT TO SECTIONS 615,618 AND 618.1 OF ORDINANCE NO.OCSD-O1,ESTABLISHING WASTEWATER DISCHARGE REGULATIONS WHEREAS,the District has adopted Ordinance No.OCSD-O1,Establishing Wastewater Discharge Regulations;and, WHEREAS,said Ordinance No.OCSD-O1,Article 6,establishes detailed enforcement provisions to insure compliance with all the rules and requirements for discharges to the District’s system;and, WHEREAS,said Ordinance No.OCSD-O1 provides for proceedings to review enforcement decisions made by District Staff;said proceedings to be conducted by the Steering Committee of the Board of Directors;and, WHEREAS,for the proper conduct of administrative proceedings,rules of procedure should be established. NOW,THEREFORE,the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 The Rules of Procedure for Administrative Proceedings for Appeals to the Steering Committee of the Board of Directors,pursuant to Sections 615,618 and 618.1 of District Ordinance No.OCSD-O1,attached hereto as Exhibit “A”,dated July 1, 1998,are hereby approved and adopted. 2090-300 64943 1 Section 2 This Resolutions shall become effective upon adoption. PASSED AND ADOPTED at a Special Meeting held July 1,1998. ATTE T:> Board Sec~tary 2090-300 64943_i 2 EXHIBIT “A RULES OF PROCEDURE FOR ADMINISTRATIVE PROCEEDINGS BEFORE THE STEERING COMMITTEE OR BOARD OF DIRECTORS Julyl,1998 2090-300 649431 RULES OF PROCEDURE FOR ADMINISTRATIVE PROCEEDINGS FOR APPEALS TO THE STEERING COMMITTEE OR BOARD OF DIRECTORS PURSUANT TO SECTIONS 615,618 AND 618.1 OF THE DISTRICT’S ORDINANCE NO.OCSD-O1 ESTABLISHING WASTEWATER DISCHARGE REGULATIONS These Rules are intended to govern all administrative proceedings before the Steering Committee or the Board of Directors (“Board”),including those provided pursuant to Sections 615,618 and 618.1 of District Ordinance No.OCSD-O1, Establishing Wastewater Discharge Regulations (“Ordinance”)of the Orange County Sanitation District. The parties to administrative proceedings are advised that the purpose of the review by the Steering Committee or Board is to determine,by examination of the record submitted at the hearing,whether the General Manager’s/District’s decision is supported by a preponderance of the evidence.Parties to the proceeding may,if they choose,be represented by legal counsel.The Permittee,Appellant,1 or its representative,and the District Staff (“Staff’)or its representative,shall each be entitled to present their respective positions,all in accordance with the following Rules of Procedure.For the purposes of these Rules,reference to the masculine gender includes the feminine,and reference to the Permittee shall include the Appellant. The following Rules shall apply to all administrative proceedings before the 1 The terms “Permittee”and “Appellant”,as used herein,include any person subject to administrative proceedings before the Districts. 2090-300 649431 3. Steering Committee or the Board,including proceedings brought pursuant to Sections 615,618 or 618.1 of the Ordinance: 1.No later than seventeen (17)calendar days prior to the date set for the hearing,the Permittee,if it intends to submit evidence or legal argument in addition to that presented during any prior administrative proceeding,shall serve on the Staff and file with the District the following: A.A brief,but complete,report or memorandum in support of the facts and any legal points and authorities upon which the Permittee will rely; B.Copies of all documentary and other evidence to be submitted into the record in support of Permittee’s position. 2.No later than ten (10)calendar days before the hearing,the Staff may,in response to the Permittee’s submittal pursuant to Section 1,serve upon the Permittee or his representative and file with the District: A.A brief,but complete,report or memorandum,in response to the Permittee’s position and evidence,and any legal points and authorities upon which Staff will rely; B.Copies of all documentary and other evidence to be submitted into the record in support of the Staffs position. 3.Each party to the proceedings shall provide twenty-five (25)complete copies of all documents to be submitted for the record,which shall be served on the District on the due dates set forth in Sections 1 and 2 above. 2090-300 649431 2 4.Factual contentions of both the Staff and Permittee involved in the hearing shall be presented,heard,and determined based upon the record of proceedings before the Hearing Officer,if a prior administrative hearing has been held, and upon the evidence submitted (including documents,photographs,etc.)and the oral arguments presented at the hearing.Any person that has filed evidence for the hearing before the Steering Committee or Board pursuant to Sections 1 and 2 above shall be present at the hearing and subject to questioning under oath. 5.The Steering Committee or Board may direct questions to any person present at the hearing that has presented evidence for the hearing,or to the Permittee, or its representative,or to Staff,or its representative. 6.If the hearing date is continued for any reason,the order of continuance shall provide the new dates,if necessary,that the Permittee’s and Staffs papers are due to be filed with the District.A continuance shall also extend the date for the District to make a final ruling by the same period of time as the extension. 7.If,in the sole discretion of the Steering Committee or Board,a hearing date is required immediately in order to avoid a delay in the implementation of orders alleged to be necessary to protect the public health or safety or to avoid serious endangerment to the District’s facilities or the environment,notice shall be served on both the Permittee and the Staff of an emergency order affirming,on an interim basis, the General Manager’s!District’s decision and order,and setting a hearing with an accelerated schedule of dates for filing the written documentation,in place of the dates set forth in Sections 1 and 2 above. 2090.300 649431 3 8.The hearing need not be conducted according to technical judicial rules relating to evidence and witnesses.Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs,regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence,but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.The rules of privilege shall be effective to the same extent that they are now,or hereafter may be,recognized in civil actions,and irrelevant and unduly repetitious evidence shall be excluded.If possible,all material, except oral argument,shall be submitted in writing under penalty of perjury. 9.The testimony shall be recorded by means of either an electronic recording or a certified court reporter. 10.The Chairman of the Steering Committee,Board,or in his/her absence, the Director presiding over hearing,shall decide all questions of procedure and evidence. 11.Papers not timely filed by a party,including any memorandum or other papers required to be filed under these Rules,may,at the Steering Committee’s or Board’s discretion,not be considered.The Permittee,and/or its representative,and the Source Control Manager,and/or his/her representative,shall be present on the hearing date to provide informed discussion and argument on the subject of the hearing. 2090-300 4 12.The format for the hearing shall be as described below,but may at the discretion of the Steering Committee or Board be modified as necessary to guarantee that all relevant information may be considered: A.Call to Order B.Introductions of Parties Present C.Presentation by Staff D.Presentation by Permittee E.Questions by the Steering Committee or Board F.Final Statement by Staff G.Final Statement by Permittee H.Close Hearing 13.Following the hearing,the Steering Committee or Board shall make a determination whether to uphold,modify or reverse the decision,action or determination made by the General Manager/District.The decision shall be in written form setting forth findings of the facts found to be true,a determination of the issues presented and the conclusions. 14.The decision and order shall be issued within sixty-five (65)calendar days of the close of the hearing. 15.All prior Rules of Procedure governing the conduct of administrative proceedings referred to herein are hereby res~9ided. APPROVEDASTO FORM: ______________________ /fHOMAS L.WOODRUFF GENERAL COUNSEL 2090-300 5