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HomeMy WebLinkAboutOCSD 01-07 (REPEALED)RESOLUTION NO. OCSD 01-07 ESTABLISHING DRY WEATHER URBAN RUNOFF POLICY A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING DRY WEATHER URBAN RUNOFF POLICY, AND REPEAL RESOLUTION NO. OCSD 00-22 *********** WHEREAS, certain types of dry weather urban runoff create public health and/or environmental problems which are infeasible to economically or practically control; WHEREAS, THE Orange County Sanitation District ("District") has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept certain dry weather urban runoff discharges without adversely affecting the District's primary func_tion of collection, treatment and disposal of sanitary sewer discharges; · · WHEREAS, District is willing to accept into its sewerage system aggregate dry weather urban runoff flow discharges not exceeding 10 million gallons per day ("mgd"); WHEREAS, District does not have system capadty available to allow wet weather discharges to the District's facilities; WHEREAS, District has developed a Dry Weather Urban Runoff Policy to address certain environmental concerns associated with dry weather runoff; WHEREAS, over the next three (3) years District intends to evaluate (1) sources of dry weather urban runoff; (2) the quality and quantity of dry weather urban runoff discharges to the sewerage system; and (3) District's costs associated with such discharges. The District anticipates that this policy may be revised as a result of such evaluation; WHEREAS, District may accept dry weather urban runoff, provided that the discharge occurs in full and complete compliance with the terms of this Dry Weather Urban Runoff Policy, including any subsequent amendments thereto; WHEREAS, District intends to initially waive fees and charges associated with authorized discharges of dry weather urban runoff to the sewerage system, where such runoff originates within the District's service area, until such time as (1) the total volume of all dry weather urban runoff discharges to the sewerage system exceeds four (4) mgd calculated on a monthly average or (2) the District otherwise modifies its dry weather urban runoff policy to require dischargers to REPEALED BY OCSD 13-09 'I ' pay for permit fees, sewer use charges, capital facilities charges, operations and maintenance costs and/or any other fees or charges which the District determines to impose on such discharges; WHEREAS, for purposes of this policy, "wet weather" shall mean any period during which measurable rainfall occurs in any portion of the District's service area and shall include the period following the cessation of rainfall until the District determines that the wet weather event is no longer impacting the District's collection, treatment and disposal facilities; and WHEREAS, for the purposes of this policy, "dry weather" shall mean any period which does not fall within the definitions of "wet weather." NO THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOVE, DETERMINE AND ORDER: Section 1: That the following Dry Weather Urban Runoff Policy is established as District Policy: POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM No person or entity shall discharge urban runoff, directly or indirectly, to the District's sewerage system during wet weather. The District may accept urban runoff into the sewerage system during dry weather conditions ("dry weather urban runoff') provided that the discharger meets the following requirements: A. Requirements for Obtaining Permission to Discharge 1. The dry weather urban runoff diversion to the sewerage system shall address a public health or environmental problem associated with the runoff discharge that cannot be otherwise economically or practically controlled. 2. A dry weather urban runoff diversion structure shall be designed and installed and other necessary provisions shall be implemented to exclude storm and other runoff from entry into District's sewerage system during wet weather. The diversion structure shall be equipped with a lockable shut-off device, satisfactory to the District, and to which the District shall be provided access at all times; 3. Prior to commencement of discharge of the dry weather urban runoff to the sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater j Discharge Permit ("permit") from the District. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather discharge is authorized in addition to or in lieu of issuance of the permit; 4. The permit applicant shall consider and evaluate the feasibility of other disposal alternatives (i.e., discharge into storm drains, reuse and reclamation of the runoff, etc.) for the discharge of the dry weather urban runoff. The permit applicant shall submit to the District a report, satisfactory to the District, evaluating each disposal alternative, and demonstrating why each alternative is not economically or practically feasible to dispose of the proposed dry weather urban runoff in lieu of sewer discharge; 5. The permit applicant's proposed diversion system shall prevent debris and any other pollutants of concern from entering the District's sewerage system. The permit applicant shall submit design drawings and an operations and maintenance plan for the proposed dry weather diversion structure which shall be sufficient to establish that all District requirements will be met to prevent pass through of and/or interference with the District's sewerage facilities. The diversion system shall be capable of measuring and recording on a daily basis the flow discharged to the sewerage system; 6. The permit applicant shall submit best management practices and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff. More stringent practices and strategies may be required depending on the nature of the anticipated discharge; 7. The permit applicant shall submit to the District a proposed method of guarantee the existence of an enforceable mechanism to ensure that the District receives payment for all monies due pursuant to this policy, and any amendments thereto, for as long as the discharge occurs. No permit application shall be complete without such an enforceable mechanism, satisfactory to the District in its sole discretion. This mechanism shall be designed to limit any administrative burden on the District; 8. The General Manager, or his designee, may impose additional requirements as may be appropriate to reduce the burden on the District's collection, treatment and disposal facilities; 9. Collection, treatment and disposal of sanitary sewer discharges remain the District's primary functions. No additional dry weather urban runoff permits shall be issued if the General Manager, or his designee, determines that such issuance may, alone or in conjunction with other permits, adversely affect the District's primary functions; and 10. The permit applicant shall indemnify and hold the District harmless from aU liability associated with the dry weather urban runoff to which the permit and/or agreement apply except for District's active negligence or intentional wrongful acts or omissions but including any negligence which is alleged to have occurred with respect to any District action to render emergency assistance at the diversion system facilities in the event of an operational malfunction or other problem at such facilities. The terms of the indemnification shall be in a form satisfactory to District's General Counsel; B. Requirements After Granting Permission to Discharge 1. The quality and quantity of the discharge shall meet the conditions, provisions or limitations contained in the District's Wastewater Discharge Regulations (Ordinance No: OCSD-01 )*; 2. The permittee shall conduct self-monitoring for the pollutants of concern as directed by the District to ensure compliance with the terms, conditions and limits set forth in the permit/agreement and the District's Ordinances. Unless otherwise directed, the permittee shall conduct self-monitoring of the discharge on a_ quarterly basis. The results of all self-monitoring shall be submitted to the District, upon request, but in no event later than forty- five (45) days following the completion of sample analysis. The permittee shall monitor the flow and submit reports documenting the quality and quantity of the flow discharged as directed by the District; 3. In the event that the quality or quantity of the dry weather urban runoff discharge to the sewerage system does not meet the conditions, provisions, or limitations set forth in the discharge permit/agreement or Ordinance No. OCSD-01, the permittee shall take immediate action to correct the problem(s) to ensure that full compliance is met. The District may take enforcement action for any violation of the terms of the permit/agreement and/or the District's Ordinances, including termination of the discharge, in accordance with the provisions of Ordinance No. OCSD-01; 4. Dischargers located within the District's service area shall not initially be required to pay any fees and charges associated with the authorized discharge of dry weather urban runoff to the District's sewerage system. Dischargers located outside the District's service area who the District authorizes to discharge dry weather urban runoff, directly or indirectly, to the District's sewerage system shall initially pay District operations and maintenance costs of $321.00 per million gallons discharged. Once the total volume of all dry weather urban runoff discharges to the District's • Any reference in this policy to any District Ordinance, policy or permit shall include any subsequent amendments, modifications, revisions or successors to such ordinance, policy or permit. i sewerage system exceeds (4) million mgd, all dischargers, including those for whom authorization to discharge has previously been granted, shall pay District operations and maintenance costs, initially at the rate of $321.00 per million gallons discharged. The District reserves the right to impose other fees and charges, including but not limited to permit fees, sewer use charges, capital facilities charges and modified operations and maintenance charges on all urban runoff discharges in accordance with any future amendment of this policy, and pursuant to any other current or future District Ordinances or policies. Failure to pay fees in a timely manner shall be cause for termination of the permit/agreement and the discharge. All dischargers shall, at all times, be subject to noncompliance sampling fees set forth in Ordinance No. OCSD-01; 5. The permittee shall provide District's employees with access to the diversion location and all areas from which and through runoff originates and/or flows, during all reasonable hours, which shall include any time when a discharge to the sewerage system may be occurring, for purposes of inspection, monitoring, and verifying compliance with the permit/agreement and/or the District's Ordinances; 6. The permittee shall have complete responsibility for the construction, operation and maintenance of the diversion facility or any other associated facilities and for ensuring compliance with the terms and conditions of the discharge permit/agreement and the District's Ordinances; 7. No later than the commencement of any measurable rainfall, each discharger of urban runoff shall shut off the flow of urban runoff (and accompanying storm water) to the District's sewerage system. The discharge shall not resume until the discharger has obtained District approval for the resumption of the discharge. Such approval shall not be deemed effective until the discharger provides written confirmation to the District of approval, which confirmation shall include the first and last name of the District employee providing such approval and the time at which such approval was issued; 8. If the District determines that the dry weather runoff, alone or in conjunction with other discharges, is adversely affecting or threatening to adversely affect the District's collection, treatment and/or disposal facilities, the District shall so notify the permittee who shall immediately cease all such discharge to the sewerage system. The District may, in its sole discretion, allow the continued discharge provided that the permittee installs, operates and maintains additional facilities as the Districts determines are appropriate to ensure that the dry weather runoff does not, alone or in conjunction with other discharges, adversely affect or threaten to adversely affect the District's collection treatment and/or disposal facilities; • 9. Under no circumstances shall District authorization to discharge dry weather urban runoff to the District's sewerage system be deemed to provide a vested right for such discharge; and 10. Except as expressly authorized by this policy or a District Ordinance, no urban runoff shall be discharged directly or indirectly into the District's facilities. PASSED AND ADOPTED at a regular meeting held March 28, 2001. 4._... ~\ ,V , .,;, ·~ . . '\',·_. ,rt ... .. •• • r) ~ -:; ' ____ .J ,,.. .. (1 ,) ,. ).... . ·- G :\wp.dta\admin\BS\Resolutions\2001\01-07 .doc