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RESOLUTION NO. OCSD 02-15
APPROVING A TEMPORARY SHORT TERM BACTERIA
REDUCTION PROGRAM, JOB NO. J-87, CONTINGENT UPON
THE REGIONAL WATER QUALITY BOARD APPROVAL OF
ORDER NO. R8-2002-0055; AND MAKING CERTAIN FINDINGS
RELATING TO ADDENDUM NO. 6 TO THE 1999 STRATEGIC
PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING A
TEMPORARY SHORT TERM BACTERIA REDUCTION
PROGRAM, JOB NO. J-87, CONTINGENT UPON THE
REGIONAL WATER QUALITY BOARD APPROVAL OF ORDER
NO. R8-2002-0055; AND MAKING CERTAIN FINDINGS
RELATING TO ADDENDUM NO. 6 TO THE 1999 STRATEGIC
PLAN FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
WHEREAS, the California Regional Water Quality Control Board, Santa
Ana Region ("Regional Board") and the United States Environmental Protection
Agency (EPA) jointly have proposed to amend the Orange County Sanitation
District's Waste Discharge Requirements and NPDES Permit to order
compliance with more stringent bacterial objectives throughout the water column
within offshore ocean waters within three miles; and
WHEREAS, the Regional Board has scheduled a hearing on Order No.
R8-2002-0055 Amending Order 98-5, NPDES No. CA 0110604 for July 19, 2002,
and if approved, the Order would require the District, inter alia, to install and
implement chlorination (using sodium hypochlorite) and dechlorination (using
sodium bisulfite) facilities for the disinfection of the wastewater by August 12,
2002 ("Order"); and
WHEREAS, the District is prepared to construct and operate new tanks,
pumps, and pipelines at Plant 1 and Plant 2 that can be operational in less than a
month if the Regional Board approves the Order ("Temporary Short Term Ocean
Outfall Bacteria Reduction Project, Job No. J-87"); and
WHEREAS, on October 27, 1999, the District approved Resolution No.
OCSD 99-20, certifying the 1999 Strategic Plan Final Program EIR ("PEIR") and
approved Resolution No. OCSD 99-19, making certain findings relating to
significant environmental effects identified in the PEIR, and adopting a mitigation
monitoring and reporting program; and
'• • WHEREAS, District is the lead agency for the preparation and
consideration of environmental documents relating to long term facilities planning
under the 1999 Strategic Plan, pursuant to the California Environmental Quality
Act of 1970, as amended, ("CEQA"), the State CEQA Guidelines, and District
CEQA Procedures; and
WHEREAS, the PEIR included provisions for emergency bleach addition
to the District's effluent, but did not describe facilities for the continuous operation
and dechlorination of treated effluent wastewater prior to discharge through the
120-inch outfall; and
WHEREAS, the District's approval of the Temporary Short Term Ocean
Outfall Bacteria Reduction Project, Job No. J-87 does not involve the exercise of
discretionary powers because (1) the approval is contingent on the Regional
Board Order; and (2) if adopted, the Order will require, inter alia, a specified
disinfection process using sodium hypchlorite. The District's approval is
therefore a ministerial act involving little or no personal judgment by the District
as to the wisdom or manner of carrying out the Project; and
WHEREAS, although CEQA does not require environmental review of
ministerial acts, the District nonetheless voluntarily prepared Addendum No. 6 to
its adopted PEIR to describe the construction and operation of the Temporary
Short Term Ocean Outfall Bacteria Reduction Project, Job No. J-87, and to
confirm that said project will not cause any significant environmental impacts
beyond those previously identified in the PEIR, or any substantial increase in the
severity of identified significant impacts.
NOW, THEREFORE, the Board of Directors of Orange County Sanitation
District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section 1 : The Board of Directors hereby authorizes staff to proceed
with the Temporary Short Term Ocean Outfall Bacteria Reduction Project, Job
No. J-87, contingent upon the Regional Board's approval of Order No. R8-2002-
0055 Amending Order No. 98-5, NPDES No. CA0110604.
Section 2; The Board of Directors hereby finds that, if the RWQCB
approves Order No. R8-2002-0055 Amending Order No. 98-5, NPDES No.
CA0110604, the District's implementation of the Order would be a ministerial act,
and therefore not subject to CEQA.
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Section 3: The Board of Directors further finds that, even if
implementation of the Order were subject to CEQA, an addendum to the
previously certified EIR would be appropriate, because none of the conditions
described in 14 Cal. Code Regs § 15162 calling for the preparation of a
subsequent EIR or a Supplement to an EIR have occurred.
Section 4: That the Board has considered Addendum No. 6 and the
PEIR.
PASSED AND ADOPTED at a regular meeting held July 17, 2002.
ATTEST:
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Board Secretary
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Chair
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