HomeMy WebLinkAboutOCSD 10-17RESOLUTION NO. OCSD 10-17
ADOPTING UPDATED ORANGE COUNTY SANITATION DISTRICT
PROCEDURES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT, ADOPTING UPDATED ORANGE
COUNTY SANITATION DISTRICT PROCEDURES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND REPEALING
RESOLUTION NO. OCSD 97-05
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WHEREAS, the District constructs and operates major wastewater treatment works,
including 600 miles of trunk stations, pump stations, and two major treatment plants and ocean
disposal facilities; and,
WHEREAS, the District protects public health and the environment by providing effective
wastewater collection, treatment, and recycling; and,
WHEREAS, CEQA requires governmental agencies at all levels to develop standards and
procedures necessary to protect environmental quality; and,
WHEREAS, the State Office of Planning and Research prepares, develops, and regularly
updates proposed Guidelines to be certified and adopted by the Secretary of the Resources
Agency for implementation by public agencies; and,
WHEREAS, CEQA requires all public agencies to adopt, by ordinance, resolution, rule, or
regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation
of environmental impact reports and negative declarations pursuant to CEQA, consistent with
CEQA and with the CEQA Guidelines adopted by the Secretary of the Resources Agency; and,
WHEREAS, on March 26, 1997, the Board of Directors of County Sanitation Districts Nos.
1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County California adopted Resolution 97-05, authorizing
adoption of the District's Manual of Practice and California Environmental Quality Act (CEQA)
Guidelines; and,
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WHEREAS, in adopting procedures to implement CEQA, a public agency may adopt the
State CEQA Guidelines through incorporation by reference; and,
WHEREAS, the most recent CEQA Guidelines became effective in March 2010; and,
WHEREAS, the District has prepared updated Procedures for Implementing the California
Environmental Quality Act.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That the Orange County Sanitation District Procedures for Implementing the
California Environmental Quality Act, which incorporates by reference the State CEQA
Guidelines, is hereby adopted for the evaluation of projects and the preparation of environmental
impact reports and negative declarations pursuant to CEQA.
Section 2: That Resolution No. OCSD 97-05 is hereby repealed.
PASSED AND ADOPTED at a regular meeting held October 27, 2010.
ATTEST:
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723669.1 Page 2 of2
723668.1
ORANGE COUNTY SANITATION DISTRICT
PROCEDURES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
October, 2010
723668.1 2
TABLE OF CONTENTS
Section One. Introduction ............................................................................................................. 3
Section Two. Incorporation of the State CEQA Guidelines by Reference ................................... 3
Section Three. Responsibilities for Implementing CEQA .............................................................. 3
3.01 The General Manager ......................................................................................................... 4
3.02 Advisory Bodies.................................................................................................................. 5
3.03 The Board of Directors ....................................................................................................... 5
Section Four. List of Projects Found to Be Categorically Exempt ............................................... 6
Section Five. Definitions............................................................................................................... 7
723668.1 3
Section One. Introduction
This document sets forth the Orange County Sanitation District's objectives, criteria and
specific procedures for implementing the California Environmental Quality Act (CEQA), as
required by Section 15022 of the State CEQA Guidelines. The document is referred to herein,
and may generally be cited as, the "OCSD CEQA Procedures."
All terms set forth in Initial Capitals in these OCSD CEQA Procedures are defined in
Section Five below.
Section Two. Incorporation of the State CEQA Guidelines by Reference
The State CEQA Guidelines, 14 California Code of Regulations section 15000 et seq., are
incorporated herein by reference. The balance of this document describes only those procedures
necessary to tailor the State CEQA Guidelines' general provisions to the District's specific
operations.
To the extent that these OCSD CEQA Procedures appear to conflict with the State CEQA
Guidelines, the State CEQA Guidelines shall prevail. Any portion of these OCSD CEQA
Procedures held invalid by a court of competent jurisdiction shall be severed and such decision
shall not invalidate the remainder of these Procedures.
Section Three. Responsibilities for Implementing CEQA
The District provides regional wastewater treatment services to its customers. The
District constructs and operates many different types of facilities, including the following:
• a wastewater collection system consisting of pipelines and “lift” pumping stations;
• two advanced wastewater treatment plants for treating wastewater; and
• administrative offices, including the District’s Fountain Valley headquarters.
Depending on the circumstances, activities relating to the acquisition, construction,
leasing and operation of District facilities may result in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment, and are
thus potentially subject to CEQA. In addition, certain planning and funding activities for
particular activities may be subject to CEQA.
District Staff, advisory bodies and the Board of Directors all play a role in implementing
CEQA.
723668.1 4
3.01 The General Manager
As permitted by Section 15025 of the State CEQA Guidelines, the Board of Directors has
delegated to the District's staff most of CEQA's environmental review functions. The District’s
General Manager shall provide overall management of the District's CEQA compliance program.
In providing this management, the General Manager may delegate authority to perform specific
tasks to staff working under his direction. The General Manager may also employ and consult
with such legal counsel and/or outside consultants as he or she deems necessary or desirable to
ensure compliance with CEQA.
In providing overall management of the District's CEQA compliance program, the
General Manager or his or her designee shall:
(a) conduct preliminary review of the activities to determine whether they are subject to
CEQA, as described in State CEQA Guidelines Section 15060(c);
(b) determine whether proposed activities subject to CEQA are exempt from CEQA under
statutory exemptions and/or Categorical Exemptions;
(c) determine whether District activities subject to CEQA are exempt where it can be said
with certainty that there is no possibility of a Significant Effect on the Environment;
(d) determine the appropriate timing of CEQA review;
(e) prepare Initial Studies, either in-house or by contract with outside consulting firms;
(f) consult with and obtain comments from other agencies, including Responsible Agencies,
with regard to environmental Effects;
(g) determine whether Projects' Significant Effects will be mitigated to a level of
insignificance in Mitigated Negative Declarations;
(h) determine whether Projects may have a Significant Effect on the Environment and
therefore require preparation of an EIR;
(i) prepare draft and final Negative Declarations, Mitigated Negative Declarations and EIRs,
either in-house or by contract with outside consulting firms;
(j) circulate and file environmental documents with appropriate agencies as required by law,
including Negative Declarations, Mitigated Negative Declarations and EIRs;
(k) assure adequate opportunity for public review and comment on Negative Declarations,
Mitigated Negative Declarations and EIRs;
(l) evaluate and respond to comments on environmental documents as required by law;
723668.1 5
(m) determine whether a Negative Declaration, Mitigated Negative Declaration or EIR is
adequate and meets applicable CEQA requirements;
(n) prepare mitigation monitoring or reporting programs pursuant to State CEQA Guidelines
Section 15097 for Mitigated Negative Declarations and EIRs as required by law, either
in-house or by contract with outside consulting firms;
(o) designate District employees or other representatives to oversee the District's
implementation of mitigation measures set forth in Mitigated Negative Declarations and
EIRs pursuant to adopted mitigation monitoring or reporting programs;
(p) file notices as may be required by law or otherwise deemed desirable, such as Notices of
Exemption, Notices of Preparation and Notices of Determination;
(q) assure that all activities under CEQA are completed within the time frames required by
law;
(r) review and comment upon, as appropriate, external planning documents circulated to the
District under CEQA for Projects proposed to be approved or carried out by other
agencies that may impose impacts on District facilities; and
(s) perform such other tasks as are necessary or desirable in fulfilling the District's CEQA
responsibilities, other than those reserved to Advisory Bodies or the Board of Directors
below.
3.02 Advisory Bodies
The Board of Directors has established certain standing advisory committees. From time
to time, the Board of Directors also creates ad hoc advisory bodies on various matters. Where an
advisory body is required to make a recommendation on a Project to the Board of Directors, the
advisory body shall also review and consider any existing environmental documentation prior to
making its recommendation, as required by State CEQA Guidelines Section 15025.
3.03 The Board of Directors
The Board of Directors, the District's decision-making body, shall:
(a) review, consider and certify final ElRs, Negative Declarations and Mitigated Negative
Declarations prior to approving Projects; and
(b) make the written EIR findings required by State CEQA Guidelines Sections 15091 and
15093 relating to, inter alia, mitigation measures, alternatives and statements of
overriding considerations, as applicable.
These tasks shall not be delegated to District staff.
723668.1 6
Section Four. List of Projects Found to Be Categorically Exempt
Pursuant to Sections 15022(a)(1)(C) and 15061 of the State CEQA Guidelines, this
section sets forth a list of specific types of Projects often handled by the District that have been
found to be categorically exempt from CEQA in particular cases. Citations in parentheses are
references to the State CEQA Guidelines. Under the State CEQA Guidelines, the District may
only rely on Categorical Exemptions as long as none of the exceptions set forth in State CEQA
Guidelines Section 15300.2 apply.
(a) Operations at Existing Facilities (§ 15301). The District has performed a wide variety of
operational, maintenance, repair and alteration activities at existing facilities that the
District has found to be categorically exempt from CEQA, because the activities involved
no or negligible expansion of use. Without limiting the foregoing, for example, the
District has found the following activities to be exempt in specific circumstances:
cleaning, repair and maintenance of pipelines and pump stations; minor interior and
exterior alterations of buildings; restoration of damaged structures and equipment to meet
current standards; small additions to existing structures; addition of new copy on existing
on and off premise signs; maintenance of existing landscaping; and demolition of small
structures including accessory structures such as fences.
(b) Replacement and Reconstruction (§15302). The District has replaced and reconstructed
existing structures and facilities where a new structure was located on the same site as a
replaced structure, and the new structure had substantially the same purpose and capacity
as the replace structure. Without limiting the foregoing, the District has replaced reaches
of pipeline and buildings.
(c) New Construction or Conversion of Small Structures (§15303). The District has
constructed new small structures and converted other small structures, not involving use
of significant amounts of hazardous substances, and found these projects to be exempt
from CEQA.
(d) Minor Alterations to Land (§15304). The District has implemented various minor
alterations to land and determined them to be exempt from CEQA, such as minor
trenching and backfilling, new landscaping, and filling of earth into previously excavated
land with compatible material, where the surface was restored.
(e) Inspections (§15309). The District has conducted inspection activities at existing and
proposed facilities, and has determined that these inspections are exempt from CEQA.
(f) Accessory Structures (§15311). The District has constructed minor structures accessory
to existing facilities, such as small parking lots, and determined that these activities are
exempt from CEQA.
723668.1 7
(g) Surplus Government Property Sales (§15312). The District has disposed of surplus
property and determined that such disposal is exempt from CEQA in particular cases.
(h) Educational or Training Programs Involving No Physical Changes (§15322). The
District has implemented educational and training programs that involve no physical
changes to the environment, and determined that the programs are exempt from CEQA.
(i) Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or
Threat of Release of Hazardous Waste or Hazardous Substances (§15330). The District
has conducted minor cleanup of hazardous waste and/or hazardous substances at various
facilities. Where the requirements of State CEQA Guidelines Section 15330 are met, the
District has determined that such minor cleanups are exempt from CEQA.
This list is intended to be representative only, and is not an exhaustive listing of the many
categorical exemptions that the District has relied on, or that may be available to the District in
the future, under the State CEQA Guidelines.
Section Five. Definitions
As used in these OCSD CEQA Procedures, the following terms with Initial Capitals have
the accompanying definition.
Board of Directors: The Board of Directors of the Orange County Sanitation District
CEQA: California Environmental Quality Act of 1970 as amended, Public Resources
Code Section 21000 et seq.
State CEQA Guidelines: California Resources Agency, "Guidelines for Implementation
of the California Environmental Quality Act of 1970", Title 14, California Code of
Regulations, Section 15000 et seq.
General Manager: The District’s General Manager
District: Orange County Sanitation District
As used in these OCSD CEQA Procedures, the following terms with Initial Capitals shall
have the meanings as defined in Article 20 of the State CEQA Guidelines, Section 15350 et seq.:
Categorical Exemption
Effects
Environment
Environmental Impact Report, or "EIR"
Initial Study
Lead Agency
Mitigated Negative Declaration
Mitigation
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Negative Declaration
Notice of Determination
Notice of Exemption
Notice of Preparation
Project
Responsible Agency
Significant Effect on the Environment