HomeMy WebLinkAboutOCSD 11-06 RESOLUTION NO. OCSD 11-06
ADOPTING FINDINGS WITH RESPECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONSIDERATION OF
THE GROUNDWATER REPLENISHMENT SYSTEM FINAL
PROGRAM EIR/EIS (FEIR) AS AUGMENTED BY ADDENDUM
NO. 5 TO THE FEIR AND RELATED ACTIONS
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING FINDINGS WITH RESPECT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONSIDERATION OF
THE GROUNDWATER REPLENISHMENT SYSTEM FINAL PROGRAM EIR/EIS
(FEIR) AS AUGMENTED BY ADDENDUM NO. 5 TO THE FEIR AND RELATED
ACTIONS
WHEREAS, the Boards of Directors of the Orange County Sanitation District
(Sanitation District) and Orange County Water District (OCWD) certified the
Groundwater Replenishment System (GWRS) (the "Project") Final Program EIR/EIS on
March 24, 1999; and
WHEREAS, the Sanitation District and OCWD approved minor modifications to
the Project, which were approved based upon the Final Program EIR/EIS as augmented
by Addendum No. 1 in March 2001, Addendum No. 2 in January 2002, Addendum No. 3
in November 2003, and Addendum No. 4 in February 2005 (the Final Program EIR/EIS,
as augmented by Addenda Nos. 1, 2, 3, and 4, is referred to herein as "FEIR"); and
WHEREAS, the Sanitation District and OCWD entered into an agreement dated
November 12, 2002 entitled "Joint Exercise of Powers Agreement for the Development,
Operation and Maintenance of the Groundwater Replenishment System and the Green
Acres Project" ("Original 2002 Agreement"). The Original 2002 Agreement sets forth
(1) certain rights and obligations relating to the planning, design, construction,
operation, and maintenance of the Groundwater Replenishment System ("System") and
(2) certain rights and obligations relating to the operation of the Green Acres Project
and OCWD's sale of Reclaimed Water to OCSD. OCSD and OCWD amended the
2002 Agreement on October 15, 2003 and April 26, 2006. (The Original 2002
Agreement, as amended on October 15, 2003 and April 26, 2006, is hereinafter referred
to as the "2002 Agreement"); and
WHEREAS, pursuant to the 2002 Agreement, the Sanitation District and OCWD
have planned, designed, and constructed the System. The System commenced
operation on January 10, 2008, and has operated continuously since that date; and
WHEREAS, on or about May 5, 2010, the Sanitation District and OCWD entered
into the "Amended Joint Exercise of Powers Agreement for the Development, Operation
and Maintenance of the Groundwater Replenishment System and the Green Acres
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Project" ("Amended Agreement") which was intended to replace the 2002 Agreement
while, at the same time, preserve all of the rights and obligations set forth in those
portions of the 2002 Agreement incorporated by reference; and
WHEREAS, OCWD is planning to expand the System, at its own expense, by
expanding the production capacity of the AWT Facilities and related post-treatment
facilities to increase treatment capacity by 30 million gallons per day (the "Initial
Expansion"). The Initial Expansion includes the construction of two 7.5 million gallon
flow equalization storage tanks on property adjacent to the Project site owned by the
Sanitation District. OCWD is responsible for the planning, design, construction, and
operation of the Initial Expansion; and
WHEREAS, on March 30, 2011, as lead agency for the Initial Expansion,
OCWD's Board of Directors approved the Initial Expansion. In connection with that
approval, and in order to comply with the California Environmental Quality Act, Public
Resources Code Sections 21000, et seq. ("CEQA"), OCWD's Board of Directors
considered an initial study prepared by OCWD staff and Addendum No. 5 to the FEIR
("Addendum No. 5") and made CEQA findings. On April 4, 2011, OCWD filed a Notice
of Determination under CEQA with respect to its approval of the Initial Expansion
("NOD"). Addendum No. 5 was circulated for public review by OCWD at their discretion;
and
WHEREAS, the Sanitation District is constructing improvements to its secondary
treatment system at Reclamation Plant No. 1 entitled "Secondary Activated Sludge
Facility 2 at Plant No. 1, Job No. P1-102" (hereinafter, "Project P1-102") at its own
expense. OCSD is responsible for the planning, design, construction, and operation of
Project P1-102, and construction of Project P1-102 is in progress; and
WHEREAS, the Sanitation District's Board of Directors certified the Subsequent
Environmental Impact Report (SEIR) that included Project P1-102 on May 25, 2005;
and
WHEREAS, in the course of the design of the Initial Expansion, OCWD
discovered that there would be a benefit to constructing portions of the Initial Expansion
as part of the Sanitation District's current Project P1-102. The portions of the Initial
Expansion identified for potential inclusion as part of Project P1-102 include:
i) Installation of a portion of a sodium hypochlorite feed pipeline;
ii) Installation of Reclaimed Water/Plant Water Tie-Ins; and
iii) Installation of a drain line connection to existing manholes
(collectively, the "Reimbursable Project P1-102 Items"); and
WHEREAS, the Sanitation District has already engaged the services of Kiewit
Infrastructure West Co, a construction contractor, for the construction of Project P1-102;
and
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WHEREAS, the Sanitation District and OCWD desire to perform portions of the
Initial Expansion and Project P1-102 in a manner that minimizes the impacts to the
environment, the public and surrounding community and which would eliminate
duplication of work and minimize the impact to new facilities being constructed as part
of Project P1-102; and
WHEREAS, the Sanitation District and OCWD staff have negotiated a
Reimbursement Agreement to memorialize the duties and obligations of each
respective Party for the completion of the Reimbursable Project P1-102 Items and
Project P1-102; and
WHEREAS, Paragraph 31 of the Amended Agreement indicates that in the event
the Initial Expansion requires construction of two 7.5 million gallon storage tanks, then
the Sanitation District will offer to lease its property to OCWD; and
WHEREAS, the Sanitation District and OCWD staff have negotiated a Storage
Tanks Lease and License Agreement to facilitate OCWD's Initial Expansion of the
Project.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District, does hereby resolve, declare, determine, and order
as follows:
Section 1: Based on evidence presented to the Board of Directors, including
the FEIR, documents provided by OCWD, and Addendum No. 5 to the FEIR, the Board
of Directors of OCSD, as a responsible agency for the Initial Expansion, does hereby
consider the FEIR and Addendum No. 5 to the FEIR and finds that pursuant to
California CEQA Guidelines Section 15164:
(1) No substantial changes are proposed in the project covered by the FEIR
which will require major revisions in the FEIR due to the involvement of
new significant environmental effects or a substantial increase in the
severity of previously identified significant effects.
(2) No substantial changes would occur with respect to the circumstances
under which the project covered by the FEIR is undertaken which will
require major revisions of the FEIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects. The physical and environmental
circumstances analyzed in the FEIR and Addendum No. 5 with respect to
the Initial Expansion are not substantially different than those affecting the
originally approved Project analyzed in the FEIR.
(3) No new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence, at
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the time the FEIR was certified as complete, shows either that the Initial
Expansion will have any significant effects not discussed in the FEIR, that
the significant effects of the Initial Expansion will be substantially more
severe than shown in the FEIR, that mitigation measures or alternatives
found in the FEIR to be infeasible would in fact be feasible, or that any
mitigation measures or alternatives are considerably different than those
analyzed in the FEIR. The information in the FEIR regarding the
environmental impacts, environmental circumstances, mitigation
measures and alternatives relating to the Project have not changed, and
are the same as those relating to the Initial Expansion.
Based on the foregoing, the FEIR, as augmented by Addendum No. 5,
adequately analyzes all of the impacts of the Initial Expansion, including the
Reimbursable Project P1-102 Items and the construction of the 7.5 million gallon
storage tanks on OCSD's property.
Section 2: OCWD's Addendum No. 5 is hereby received and filed.
Section 3: OCSD staff is hereby authorized and directed to file a Notice of
Determination.
Section 4: The Reimbursement Agreement under Project P1-102 with OCWD
for the construction of Reimbursable Project P1-102 Items is hereby approved, in a form
approved by General Counsel, for an estimated amount not to exceed $100,000, to be
reimbursed to OCSD by OCWD.
Section 5: The General Manager, or his designee, is authorized to negotiate
and enter into a Lease and License Agreement with OCWD, in a form approved by
General Counsel, for installation of two 7.5 million gallon storage tanks on OCSD's Plant
No. 1 site for$1 per year.
Section 6: OCSD staff is hereby authorized and directed to take such other
steps as are reasonably necessary to effect the construction of the Reimbursable
Project P1-102 Items as part of Project P1-102.
PASSED AND ADOPTED at a regular meeting held May 25, 2011.
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Larry Rorrandall, Chair
ATTEST:
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Clerk of the Board
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