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HomeMy WebLinkAboutOCSD 13-09RESOLUTION NO. OCSD 13-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING THE POLICY FOR DRY WEATHER URBAN RUNOFF AND REPEALING RESOLUTION NO. OCSD 01-07 WHEREAS, the Orange County Sanitation District ("District") is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, pursuant to Health and Safety Code section 4730.66, the District is authorized to acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: "(1) The diversion of urban runoff from drainage courses within the district. (2) The treatment of the urban runoff. (3) The return of the water to the drainage courses. (4) The beneficial use of the water."; and WHEREAS, certain types of dry weather urban runoff create public health and/or environmental problems which are infeasible to economically or practically control through traditional stormwater best management practices; and WHEREAS, the District has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept discharge of certain dry weather urban runoff flows not to exceed 10 million gallons per day ("mgd") without adversely affecting the District's primary function of collection, treatment and disposal of sanitary sewer discharges; and WHEREAS, the District does not have system capacity available to allow wet weather discharges to the District's facilities; and 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"; and WHEREAS, the District developed a Dry Weather Urban Runoff Policy pursuant to Resolution No. OCSD 01-07 to address certain environmental concerns associated with dry weather urban runoff; and OSCD-13-09-1 WHEREAS, the District has successfully treated 7 billion gallons of urban runoff since the year 1999 with daily flows ranging from 0.5 to 3.5 mgd; and WHEREAS, the District has evaluated: (1) sources of dry weather urban runoff; (2) the quality and quantity of dry weather urban runoff discharges to the sewerage system; and (3) the District's costs associated with such discharges; and WHEREAS, the presence of toxic amounts of selenium in the Upper Newport Bay Watershed has resulted in regulatory requirements to remove selenium loadings from upstream creeks and channels to protect downstream aquatic life; and WHEREAS, attempts by the County of Orange and local cities to remove the selenium via stormwater best management practices and other available treatment technologies have been unsuccessful; and WHEREAS, as a result of the regulatory requirements to remove selenium loadings, the District received requests to accept up to 4 mgd of new urban runoff flows, for an estimated total daily average flow in excess of 6 mgd; and WHEREAS, the District is authorized to accept the dry weather urban runoff, provided that the discharge occurs in full and complete compliance with the terms of this Dry Weather Urban Runoff Policy and relevant Ordinances and/or Resolutions, including any subsequent amendments thereto; and WHEREAS, the District intends to only issue Dry Weather Urban Runoff Discharge Permits to public agencies that have jurisdiction and authority over surface water runoff and wastewater; and WHEREAS, the District intends to 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 District modifies its dry weather urban runoff policy to levy a charge for use on urban runoff discharges into its sewerage system, or (2) requires dischargers to pay any applicable fees established through incorporation in the District's current Fee Ordinance and/or subsequent amendments thereof. These fees, if levied in the future, may include permit fees, capital facilities charges, operations and maintenance costs, and/or any other fees or charges which the District determines to impose on such discharges; and WHEREAS, at such time that District staff anticipates discharges of dry weather urban runoff will reach 9 mgd, the District staff will revisit this Policy with the Board of Directors to determine if further amendment to the Policy is necessary. OSCD-13-09-2 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, 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 District's sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater Discharge Permit ("permit") from the District in accordance with the most current District Ordinance governing Wastewater Discharge Regulations. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized in addition to or in lieu of issuance of the permit. Only public agencies that have jurisdiction and authority over surface water runoff and wastewater are eligible for Dry Weather Urban Runoff Discharge Permits. 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. OSCD-13-09-3 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 District's 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 General Manager, or his or her designee, may impose additional requirements as may be appropriate to reduce the burden on the District's collection, treatment and disposal facilities. 8. 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 or her designee, determines that such issuance may, alone or in conjunction with other permits, adversely affect the District's primary functions. Each request to discharge is reviewed to determine if there is available local and regional collection and pumping capacity. 9. As a condition of the permit and/or agreement, the permit applicant shall indemnify, defend and hold the District harmless from any and all liability associated with the dry weather urban runoff to which the permit and/or agreement apply, including, but not limited to, any and all 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 permit applicant's obligation to indemnify and defend the District shall not include claims or liability arising from the District's active negligence or intentional wrongful acts or omissions. The terms of the indemnity and duty to defend 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 most current District Ordinance governing Wastewater Discharge Regulations*, including any subsequent amendments. *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. OSCD-13-09-4 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 and submit self-monitoring of the discharge on a quarterly basis or as directed by the District. 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 the District Ordinance governing Wastewater Discharge Regulations, 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 the District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 4. The District reserves the right to impose other fees and charges on all urban runoff dischargers, including but not limited to permit fees, capital facilities charges, and operations and maintenance charges 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 be subject to noncompliance sampling fees set forth in the current District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 5. The permittee shall provide the District's employees and representatives with access to the diversion location and all areas from which and through which 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 written approval for the resumption of the discharge from the District's Urban Runoff Program Manager, or their designate. OSCD-13-09-5 8. If the District determines, in its sole discretion, that the dry weather runoff, alone or in conjunction with other discharges, is or may be 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 determined by the District to be appropriate and/or necessary 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. 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. 11. District reserves its right to amend or clarify this Policy and/or District's Ordinances from time to time, and permittee agrees to abide by such amendments or subsequent enactments." Section 2: Resolution No. OCSD 01-07 is hereby repealed in its entirety upon the effective date of this Resolution, and the provisions of any Resolution(s) previously adopted by the District that are in direct conflict with the provisions of this Resolution No. OCSD 13-09 are hereby superseded. Section 3: The General Manager, or his or her designee, is hereby authorized and directed to execute any necessary documents, permits or agreements to effect the policy set forth herein. Section 4: If any section, subsection, subdivision, sentence, clause, or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or any of the remaining portions thereof. The Board of Directors hereby declares that it would have passed this Resolution, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional or otherwise invalid. OSCD-13-09-6 Section 5: This Resolution No. OCSD 13-09 shall take effect immediately upon adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting held June 26, 2013. lJ\nu i, ~ ~[l.B/ B Troy Edgr, Ct1r ATTEST: OSCD-13-09 -7