HomeMy WebLinkAbout01-06-2016 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, January 6, 2016
Regular Meeting of the 5:00 P.M.
OPERATIONS COMMITTEE Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
4 (714) 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Board of Directors on any item, please complete a
Speaker's Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or
notify the Clerk of the Board the item number on which you want to speak. Speakers will be recognized by
the Chairman and are requested to limit comments to three minutes.
REPORTS: The Committee Chair and the General Manager may present verbal reports on miscellaneous
matters of general interest to the Committee Members. These reports are for information only and require no
action by the Committee.
CONSENT CALENDAR: The Consent Calendar Items are considered to be routine and will be enacted,
by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for
separate discussion will be considered in the regular order of business.
1. APPROVAL OF MINUTES (Clerk of the Board)
RECOMMENDATION: Approve Minutes of the December 2, 2015, Operations
Committee Meeting.
2. UNIFORMS AND JANITORIAL ARTICLES RENTAL SERVICE, SPECIFICATION
NO. S-2015-675BD-R (Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award Purchase Order Contract to Prudential Overall Supply for Uniform and
Janitorial Articles Rental Service, Specification No. S-2015-675BD-R, for one
3-year period (04/01/2016 — 03/3112019) for an amount not to exceed
$493,370.28 with one 3-year renewal option; and
B. Approve a contingency of$49,337 (10%).
01/06/2016 Operations Committee Agenda Page 1 of
3. PLANT 1 POTABLE WATER SYSTEM IMPROVEMENTS, PROJECT
NO. FE09-04 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a construction contingency increase of $25,275 (15%) to the construction
contract with CDC Engineering and Technology for the Plant 1 Potable Water System
Improvements, Project FE09-04, for a total construction contingency of
$50,550 (30%).
4. SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Brown & Caldwell to
provide engineering design services for the SCADA System and Network
Upgrade, Project No. 132-107, for an amount not to exceed $2,818,197; and
B. Approve a contingency of$281,820 (10%).
5. CHANGE ORDER TO BRENNTAG PACIFIC CAUSTIC SODA SPECIFICATION
NO. C-2013-560 (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Change Order for an additional amount of $184,800 for 25%
Caustic Soda (Sodium Hydroxide), Purchase Order Specification
No. C-2013-560 with Brenntag Pacific for chemical scrubbers at both
Plant No. 1 and Plant No. 2, for the period of July 1, 2015 through
June 30, 2016, for a unit price of$560.52 per dry ton (delivery and applicable
sales tax included)for a total estimated annual amount of$280,000 with one
remaining year of renewal; and
B. Approve a (10%) unit price contingency.
NON-CONSENT CALENDAR:
6. REHABILITATION OF WESTERN REGIONAL SEWERS, PROJECT NO. 3-64
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve an increase in the project budget from $112,222,000 to
$125,000,000;
01/06/2016 Operations Committee Agenda Page 2 of 4
B. Approve a Professional Design Services Agreement with AECOM Technical
Services, Inc., to provide engineering services for Rehabilitation of Western
Regional Sewers, Project No. 3-64,for an amount not to exceed$17,639,250;
and
C. Approve a contingency of$1,763,925 (10%).
7. PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS,
ORDINANCE NO. OCSD-XX (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of
Directors of Orange County Sanitation District Establishing Wastewater
Discharge Regulations, Revising Articles 1 through 8, and repealing
Ordinance No. OCSD-39" for first reading at the January 27, 2016 Board
meeting'; and
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of
said entire Ordinance on January 27, 2016; and
C. Set February 24, 2016, as the date for the second reading and adoption of
Ordinance No. OCSD-XX; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as
required by law.
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, February 2, 2016, at
5:00 P.M.
01/06/2016 Operations Committee Agenda Page 3 of 4
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Aaenda Postina: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue,
Fountain Valley,California,not less than 72 hours prior to the meeting date and Ume above. All public records relating
to each agenda item,including any public records distributed less than 72 hours prior to the meeting to all,or a majority
of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
klorefdocsd.com
For any questions on the agenda,Committee members may contact staff at
General Manager Jim Herberg (714)593-7300 iherbem(docsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 mhire1li0.ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthompsonfcZocsd.com
Director of Facilities Support Services Nick Arhontes (714)593-7210 narhontes0.ocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
01/06/2016 Operations Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, December 2, 2015, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee
Chair Withers on Wednesday, December 2, 2015, at 5:03 p.m. in the Administration
Building of the Orange County Sanitation District.
Director Kiley led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
David Shawver, Vice-Chair Nick Arhontes, Director of Facility Support Services
Tom Beamish Celia Chandler, Director of Human Resources
Ellery Deaton Rob Thompson, Director of Engineering
Steve Jones Lorenzo Tyner, Director of Finance &
Robert Kiley Administrative Services
Richard Murphy Kelly Lore, Clerk of the Board
Steve Nagel Cindi Ambrose
Chad Wanke Jennifer Cabral
Mariellen Yarc Jim Colston
John Nielsen, Board Chair Mark Esquer
Greg Seboum, Board Vice-Chair Dean Fisher
Norbert Gaia
COMMITTEE MEMBERS ABSENT: Alfredo Garcia
Lisa Bartlett Kathy Millea
Fred Smith Jeff Mohr
Gary Prater
Lisa Rothbart
Jim Spears
MarcoPolo Velasco
Sharon Yin
Eros Yong
OTHERS PRESENT:
Brad Hogin, General Counsel
Michael Beverage, Alternate Director YLWD
Sandra Massa-Lavitt, Alternate Director Seal Beach
Bob Ooten, Alternate Director, CMSD
James Clark, Black & Veatch
12/02/2015 Opeations Committee Minutes Page 1 of 6
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report.
REPORT OF GENERAL MANAGER:
General Manager, Jim Herberg reminded the Committee of the Operations Committee
Meeting on January 6, 2016.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED, and DULY CARRIED TO: Approve Minutes of the
November 4, 2015, Operations Committee Meeting.
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
2. GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B, PROJECT NO. 737
(Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors:
A. Approve a Professional Construction Services Agreement with Tetra Tech,
Inc., for providing construction support services for Gisler-Redhill System
Improvements, Reach B, Project No. 7-37, in an amount not to exceed
$270,000; and
B. Approve a contingency of$27,000 (10%).
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
12/02/2015 Operations Committee Minutes Page 2 of 6
3. 15th STREET, ROCKY POINT PUMP STATION (RPPS) AND BITTER POINT
PUMP STATION (BPPS) FALL PROTECTION IMPROVEMENTS, PROJECT
NO. FE12-05 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors: Approve a construction contingency increase of $24,638 (15%) to the
construction contract with Jamison Engineering Contractors, Inc., for 151h St.,
RPPS and BPPS Fall Protection Improvements, Project No. FE12-05, for a total
contingency of$41,063 (25%).
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
4. JANITORIAL & FLOOR MAINTENANCE SERVICES CONTRACT (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors:
A. Approve a Service Agreement with Gamboa Services, Inc., DBA Corporate
Image Maintenance, the lowest responsive and responsible bidder, for
Janitorial & Floor Maintenance Service at Plants 1 & 2, Specification No. S-
2015-73013D, for the period February 1, 2016 through January, 2017 for an
amount not to exceed $345,700 with four(4), one-year renewal options; and
B. Approve an annual contingency of$34,570.00 (10%) aggregately per year.
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
5. DIGESTER CLEANING AND DISPOSAL CONTRACT (Ed Torres)
MOVED, SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors:
A. Approve a Service Agreement with Synagro-WWT, the lowest responsive
and responsible bidder, for Digester Cleaning and Disposal, Specification
No. S-2015-71913D, for the period February 1, 2016 through January 31,
2017 for an amount not to exceed $1,160,000, with four one-year renewal
options; and
12/02/2015 Operations Committee Minutes Page 3 of 6
B. Approve an annual contingency of$116,000 (10%) aggregately per year.
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
6. 2015 AUDIT REPORT OF OCSD'S SANITARY SEWER SYSTEM
MANAGEMENT PLAN (Nick Arhontes)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors: Receive and file the 2015 Waste Discharge Requirements (WDR) for
Sanitary Sewer System Management Plan Audit Report dated July 31, 2015.
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
7. REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF
SEWER, SPECIFICATION FR12-003 - CHANGE ORDER RATIFICATION
(Nick Arhontes)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors: Ratify Change Order No. 3 to the Repair to Manhole Structures of
Warner Avenue Relief Sewer, Specification No. FR12-003, with Mode
Engineering, authorizing an additional $54,884 increasing the total contract
amount to $846,357.
AYES: Beamish, Deaton, Kiley, Nagel, Nielsen, Murphy, Sebourn,
Shawver, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett, Jones, Smith, F. and Wanke
Director Wanke arrived at the meeting at 5:09 p.m.
NON-CONSENT CALENDAR:
Engineering Manager Kathy Millea provided an informative PowerPoint presentation
regarding Item 8 which focused on the background of the Biosolids Master Plan including:
solids treatment; water resource recovery; solids resource recovery; operating costs;
solids handling facilities at Plant 1 and 2; newer technologies;food waste; scope of project
work; and consultant proposals, selection and negotiations.
Director Jones arrived at the meeting at 5:25 p.m.
12/02/2015 Operations Committee Minutes Page 4 of 6
8. BIOSOLIDS MASTER PLAN, PROJECT PSI 5-01 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors:
A. Approve a Professional Services Agreement with Black&Veatch to provide
professional services for Biosolids Master Plan, Project No. PS15-01, for an
amount not to exceed $2,965,556; and,
B. Approve a contingency of$296,556 (10%).
AYES: Beamish, Deaton, Jones, Kiley, Nagel, Nielsen, Murphy,
Seboum, Shawver, Wanks, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett and Smith, F.
Engineering Manager Dean Fisher provided an informative PowerPoint presentation
regarding the project challenges and reasons for the significant contingency of Item 9
including: soils and groundwater conditions; temporary bypass; additional dewatering
wells; recompaction; soils and dewatering efforts; pavement issues and undocumented
utilities. He then informed the Committee of the final closeout for this contract and lessons
learned.
9. DOVER DRIVE TRUNK SEWER RELIEF, PROJECT NO. 5-63 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors:
Approve a contingency increase of$596,000 (9.63%)to the construction contract
with Mike Bubalo Construction Co., Inc. for the Dover Drive Trunk Sewer Relief,
Project No. 5- 63, for a total contingency of$2,452,700 (39.63%).
AYES: Beamish, Deaton, Jones, Kiley, Nagel, Nielsen, Murphy,
Seboum, Shawver, Wanks, Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Bartlett and Smith, F.
INFORMATION ITEMS:
10. COMMUNITY OUTREACH (Bob Ghirelli)
Assistant General Manager Bob Ghirelli introduced Principal Public Affairs
Specialist, Jennifer Cabral who provided a PowerPoint presentation including the
introduction of the public affairs team and the community relations, public
education and outreach accomplishments for this year including: Sewer science—
Inside the Outdoors; High School PSA Contest; Tour program and speakers
12/02/2015 Operations Committee Minutes Page 5 of 6
bureau; Community events; and capital project and maintenance outreach. Ms.
Cabral then answered questions from the Committee about the joint public
information being delivered by Orange County Water District and OCSD regarding
the Groundwater Replenishment System; and community event requests.
Director Shawver thanked Ms. Cabral and OCSD for their assistance in helping
obtain compost for the City of Stanton's community event.
DEPARTMENT HEAD REPORTS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
ADJOURNMENT
At 6:09 p.m., Committee Chair Withers declared the meeting adjourned to the next
scheduled meeting of Wednesday, January 6, 2016 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Clerk of the Board
12/02/2015 Operations Committee Minutes Page 6 of 6
OPERATIONS COMMITTEE Melting D310 TOBE.Or Dir.
01/06/16 O1/27/16
AGENDA REPORT ItemNumber Item Number
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: UNIFORMS AND JANITORIAL ARTICLES RENTAL SERVICE,
SPECIFICATION NO. S-2015-675BD-R
GENERAL MANAGER'S RECOMMENDATION
A. Award Purchase Order Contract to Prudential Overall Supply for Uniform and
Janitorial Articles Rental Service, Specification No. S-2015-675BD-R, for one
3-year period (4/1/2016 — 3/31/19) for an amount not to exceed $493,370.28 with
one 3-year renewal option; and
B. Approve a contingency of$49,337 (10%).
SUMMARY
BACKGROUND
OCSD staff involved in the collection and treatment of wastewater are provided with
uniforms to maintain a professional appearance, to satisfy OSHA safety requirements,
and to protect the employees from exposure to contaminated and unpleasant
materials. Uniforms are also required in accordance with the Sanitation District's
Memorandums of Understanding (MOUs).
OCSD staff is recommending incorporating high visibility material in the
uniforms. This change provides additional garment cleanliness as these uniforms will
be cleaned on a regular basis, unlike the vests that were worn over the old uniforms,
and an additional safety benefit as the elimination of the vests reduce the possibility
of a loose vest being snagged or pulled by equipment.
RELEVANT STANDARDS
• Compliance with OCSD's MOUs
• Compliance with Cal/OSHA safety requirements
• Compliance with National Fire Prevention Association (NFPA)2112 and American
Society for Testing and Materials (ASTM) D 6413
Page 1 of 3
PROBLEM
OCSD had employees wearing high visibility vest over their issued uniforms. The vest
had to be replaced on a frequent basis due to wear. The vest could pose a hazard
around rotating equipment.
PROPOSED SOLUTION
As a cost saving initiative, incorporate the reflective material of the vest into the
uniform shirts. This would resolve the issue of the vest needing to be replaced due to
wear, since the uniforms would be maintained under the contract. This would also
eliminate the potential hazard of the vest becoming entangled around rotating
equipment.
TIMING CONCERNS
A new purchase order contract must be in place before the current purchase order
bridge contract expires on March 31, 2016. The vendor will need four weeks prior to
expiration to prepare the new uniforms.
RAMIFICATIONS OF NOT TAKING ACTION
OCSD would not be adhering to MOUs and would need to continue to provide a
uniform and vest for employees to wear.
PRIOR COMMITTEE/BOARD ACTIONS
Aug - 2015: Original Specification S-2015-675 purchase order contract with Prudential
Overall Supply was approved. Decision to re-bid due to changes in scope requirements.
ADDITIONAL INFORMATION
In accordance with Purchasing Ordinance No. OCSD-47, OCSD selected a 2-step
bidding process which included a Request for Qualifications (RFQ) and a Notice Inviting
Bids (NIB). One bid was received from a qualified firm, Prudential Overall Supply.
Prudential Overall Supply was deemed responsive and responsible.
Prospective bidder, Mission Linen Supply, was deemed non-responsive due to an
incomplete submittal. Mission Linen Supply did not comply by providing a correct sample
of a full work uniform set with reflective striping, as described in Attachment A Scope of
Work.
The award to the lowest responsive and responsible bidder is recommended to Prudential
Overall Supply. The results of the bid process are shown in Table 1.
Page 2 of 3
TABLE 1
BID EVALUATION
Prudential Overall
Bid Results Supply
Ranking 1
Bid Price for one $493,370.28
3-ye r period
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Line item: Section 5, Page 6).
ATTACHMENT
N/A
LT:MD:AS:hh
Page 3&3
OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir.
01/06/16 O1/27/16
AGENDA REPORT Item Number Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: PLANT 1 POTABLE WATER SYSTEM IMPROVEMENTS, PROJECT
NO. FE09-04
GENERAL MANAGER'S RECOMMENDATION
Approve a construction contingency increase of $25,275 (15%) to the construction
contract with ODC Engineering and Technology for the Plant 1 Potable Water System
Improvements, Project FE09-04, for a total construction contingency of$50,550 (30%).
SUMMARY
BACKGROUND
The potable water system at Plant No. 1 has a number of flow and pressure capacity
constraints that impact operations and could limit Flows available to fight a fire. This
project will enhance the reliability and fire flows of the potable water system, create a
"looped" water system, improve service to the Maintenance Shop areas, and
enhance the reliability and fire flows of the potable water system. The work includes
installing new pipe, valves, and control valves in various locations. A majority of the
pipe tie-in points are buried.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Ensure that the public's money is wisely spent
• Maintain a proactive Asset Management Program
PROBLEM
The project included many underground piping tie-ins. The record drawings did not
indicate the exact location of the existing pipes. The bid documents included an
allowance for unknown conditions, but that allowance and the authorized
contingency is not sufficient to cover the unknown conditions actually encountered.
PROPOSED SOLUTION
Authorize additional contingency to cover the costs to complete the work.
Page 1 of 2
TIMING CONCERNS
The project is scheduled to be completed in May 2016. Construction is 80%
complete. There is a potential that additional changes could delay the project
because the Contractor would have to demobilize until the Orange County Sanitation
District (Sanitation District) could authorize additional funds.
RAMIFICATIONS OF NOT TAKING ACTION
If the construction contingency is not increased, then issues found during remaining
construction will not be implemented and a new project would have to address the
issue. The cost of addressing these issues in a separate project would be much
higher.
PRIOR COMMITTEE/BOARD ACTIONS
April 2015 — Awarded a construction contract to ODC Engineering and Technology for
Plant 1 Potable Water System Improvements, Project No. FE09-04, for an amount not
to exceed $168,500, and approved a contingency of$25,275 (15%).
ADDITIONAL INFORMATION
The Contractor will complete the additional work without compensation for the additional
time impact to the project. The cost of that new project would be much more than the
cost of the contingency. The project would also be completed sooner.
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on July 2, 2014.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Budget Update FY2015-16, Section A-11).
Project contingency funds will be used for this construction contingency increase.
Date of ADDroval Contract Amount Contingency
04/22/15 $168,500 $25,275(15%)
01/27/16 $25 275(15%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
N/A
RB:dm:gc
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir.
01/06/16 O1/27/16
AGENDA REPORT Item Number Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: SCADA SYSTEM AND NETWORK UPGRADES, PROJECT NO. P2-107
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with Brown & Caldwell to
provide engineering design services for the SCADA System and Network
Upgrade, Project No. P2-107, for an amount not to exceed $2,818,197; and
B. Approve a contingency of$281,820 (10%).
SUMMARY
BACKGROUND
This project will implement a power monitoring and control system at Plant No. 2,
similar to the system installed under Project No. J-33-3 at Plant No. 1. The power
monitoring and control system plays a critical part in maintaining power supply by
remotely monitoring the plant electrical systems and providing devices at the
electrical panels that allow for remote operation of the switches.
An extensive network of fiber optic cables has been installed over the years at
Plant No. 2 to connect a system of programmable logic controllers that are essential
for monitoring, control, and maintenance of the plant processes. Without the
communications, operators must directly observe every process, which is not
practical with normal staffing levels.
RELEVANT STANDARDS
• Provide a safe workplace
• 24/7/365 treatment plant reliability
• Maintain a culture of improving efficiency
• CA Government Code Section 4526: Select the "best qualified firm' and
"negotiate fair and equitable fees'
Page 1 of 4
PROBLEM
In the event of a power outage or equipment malfunction, plant operators specifically
trained in accessing live electrical panels must manually reset power distribution
switches. Safety standards require that only suitably qualified staff be allowed to
operate the switches and that when doing so they must don protective equipment to
protect against electrical arc flash and arc blast.
The current configuration of the fiber optic network includes a number of critical
points where a single failure would cause the entire system to fail. If it were to fail,
there would be an increased risk of process failure and violation of discharge
requirements.
PROPOSED SOLUTION
Remote actuators and monitors will be provided for 12kV and 480V distribution
switches. Software will be developed to remotely monitor and control these switches.
For normal power switching or in the event of a fault condition, staff will be able to
respond quickly via remote control panels which maintains a safe operating distance
from live electrical panels to avoid arc flash risks.
The fiber optic network will be reconfigured so that there is no single failure that
would cause the entire network to fail to increase operating resiliency.
TIMING CONCERNS
The schedule driver for this project is to lower the safety and reliability risks
associated with power distribution and to improve the resiliency of the fiber optic
system communication infrastructure.
RAMIFICATIONS OF NOT TAKING ACTION
• Increased safety risk
• Longer response time in reacting to electrical fault conditions
• Less reliable plant control system
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Request for Proposal:
A Request for Proposal which describes the Consultant's Scope of Work required for
this project was advertised on September 9, 2015.
Page 2 of 4
Proposals were received on October 15, 2015 from three firms: MWH Americas, Inc.;
Brown & Caldwell; and Laramore, Douglas, and Popham. A Staff Evaluation Committee
consisting of five representatives from the Engineering and Operations and
Maintenance Departments reviewed and ranked each of the proposals in accordance
with the evaluation process set forth in the Orange County Sanitation District (Sanitation
District) Board of Directors' Ordinance No. OCSD-47. An additional representative from
the Contracts Administration Division participated in the evaluation process as a non-
voting member. The proposals were evaluated according to: (1) project understanding
and approach; (2) related project experience; and (3) project team and staff
qualifications.
After reviewing and scoring the proposals, the Evaluation Committee interviewed the
two top-ranked firms to meet the proposed key team and further evaluate the firms'
qualifications. The proposal from the third-ranked firm was scored considerably lower.
As a result, it was agreed to not interview the team from Laramore, Douglas, and
Popham.
Based on their review of the proposals and the interviews, the Evaluation Committee
unanimously ranked Brown & Caldwell as the most qualified firm as shown in Table 1.
TABLE
CONSULTANT EVALUATION"
Consultant Evaluator Brown & MWH LDP
Caldwell
Reviewer A 1 2 3
Reviewer B 1 2 3
Reviewer C 1 2 3
Reviewer D 1 2 3
Reviewer E 1 2 3
Overall Ranking 1 2 3
Proposal Fee $3,381,120 NA NA
Negotiated Fee Proposal $2,818,197 NA NA
'Based on scores after interview
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with Sanitation
District Ordinance No. OCSD-47, the fee proposal of only the highest ranked firm was
opened after approval by the Director of Engineering of the Evaluation Committee's
recommendation. Staff conducted negotiations with Brown & Caldwell to clarify the
requirements of the Scope of Work, the assumptions to be used for the estimated level
of effort, and the level of design detail required to meet the goals and objectives for the
project.
Page 3 of 4
In evaluating whether the fee proposal was fair and reasonable, the following factors
were considered:
• The estimated level of effort was evaluated in detail for each phase, task, and
subtask, and found to be justified by the needs of the project, the agreed-upon
assumptions, and the Sanitation District's expectation for the quality of services.
• The total fee expressed as a percentage of construction cost is 18%, which is
reasonable and appropriate due to the highly complex nature of the project, which
requires a high level of design documentation to minimize construction risk and
change orders.
• The Consultant's fringe and overhead costs, which factor into the billing rate is
consistent with other similar agreements. The contract profit is 5%, which is based
on the Sanitation District's standard design agreements.
Based on the above, staff determined the final cost proposal to be fair, reasonable, and
appropriate and recommends awarding a PDSA to Brown & Caldwell.
CEQA
Notice of Exemption was filed on November 5, 2015.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels in the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: Budget Update FY 2015-16,
Section A-9) and the project budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
• DRAFT Professional Design Services Agreement
DC:dm:gc
Page 4 of 4
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 27U day of January,
2016 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT', and KCONSULTANT COMPANY», for purposes of this
Agreement hereinafter referred to as "CONSULTANT'.
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Plant 2
Power Monitoring and Control Systems, Project No. P2.107; which will be performed at Plant 2
to provide monitoring and control the switchgear breakers, monitor and control automatic transfer
switches (ATS), and monitor the status and alarms of switchgear and standby generator battery
chargers, high resistance grounding, standby generators, standby generator fuel tanks, standby
generator day tanks, 12.47-kV to 4160-volt or 480-volt transformers, and uninterruptible power
supplies (UPS). In addition, the project will replace the existing fiber-optic network system with a
new industrial control system that provides three fiber-optic loops throughout the plant for added
redundancy; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on January 27, 2016 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee to approve this Agreement
between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment"A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 1 of 19
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e. correct references, terms, capitalization or
equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of«Number of Days»
calendar days during which the SANITATION DISTRICT shall perform
appropriate reviews and including CAD Manual compliance. CONSULTANT shall
correct any discrepancies or errors detected and reported within the acceptance
period at no additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 2 of 19
F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed «Grand Total Written
Amount)) Dollars ($eGrand Total Amount»). Total compensation to
CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 3 of 19
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E"- Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"-Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 -COMPENSATION above.
G. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem' component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
htti)://www.gsa.gov/portal/category/l 04711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 4 of 19
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem' as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 5 of 19
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%) of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 6 of 19
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes
to be presented to an officer or employee of the SANITATION DISTRICT a false
claim or request for payment or approval; b) knowingly makes, uses, or causes to
be made or used a false record or statement to get a false claim paid or approved
by the SANITATION DISTRICT; c) conspires to defraud the SANITATION
DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT;
d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the SANITATION
DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to
the SANITATION DISTRICT, and fails to disclose the false claim to the
SANITATION DISTRICT within a reasonable time after discovery of the false claim.
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 at seq,
CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 7 of 19
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulations Section 16461(a).
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 8 of 19
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: One
Million Dollars ($1,000,000) per occurrence with One Million Dollars ($1,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability(for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground) and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. Automotive/Vehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 9 of 19
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Three Million Dollars
($3,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 10 of 19
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
thirty (30)days prior to the effective date of the change(s) if the change would
reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
PDSA PROJECT NO.P2-107
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Page 11 of 19
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 12 of 19
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 13 of 19
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Natasha Dubrovski, Principal Contracts Administrator
Copy: Donald W. Cutler, Project Manager
Notices shall be mailed to CONSULTANT at:
«CONSULTANT COMPANY»
«Street Address»
«City, State Zip))
Attention: «CONSULTANT'S Representatives
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 14 of 19
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 15 of 19
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 16 of 19
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH OCSD POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all OCSD policies and procedures
including the OCSD Safety Standards, as applicable, all of which may be amended from
time to time.
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30)days of receipt of notice of
Agreement closeout.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 17 of 19
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 18 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: COMPANYNAME
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Kelly A. Lore
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment "A" Scope of Work
Attachment "B" Labor Hour Matrix
Attachment"C" Conflict of Interest Disclaimer
Attachment"D" Allowable Direct Costs
Attachment"E" Fee Proposal
Attachment"F" Not Used
Attachment"G" Not Used
Attachment"H" Not Used
Attachment"I" Cost Matrix and Summary
Attachment"J" Not Used
Attachment X' Hourly Rate Schedule for Minor Subconsultant
Attachment"L" OCSD Safety Standards
JSK:yp
PDSA PROJECT NO.P2-107
Revised 052715 PLANT 2 POWER MONITORING AND CONTROL SYSTEMS
Page 19 of 19
OPERATIONS COMMITTEE Melting Dat0 TOBE.Or Dir.
01/06/16 O1/27/16
AGENDA REPORT ItemNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: CHANGE ORDER TO BRENNTAG PACIFIC CAUSTIC SODA
SPECIFICATION NO. C-2013-560
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Change Order for an additional amount of $184,800 for 25% Caustic
Soda (Sodium Hydroxide), Purchase Order Specification No. C-2013-560 with
Brenntag Pacificfor chemical scrubbers at both Plant No. 1 and Plant No. 2, for the
period of July 1, 2015 through June 30, 2016, fora unit price of$560.52 per dry ton
(delivery and applicable sales tax included) for a total estimated annual amount of
$280,000 with one remaining year of renewal; and
B. Approve a (10%) unit price contingency.
SUMMARY
RELEVANT STANDARDS
• Zero odor incidents/events under normal operating conditions for Plants 1 and 2
• Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise and lighting
PROBLEM
The planned fiscal year budget for 25% caustic soda has been nearly depleted due to
additional usage encountered during July through December 2015. A change order to
the existing Purchase Order (104818-OB) is required to maintain inventories for the
remainder of the fiscal year.
PROPOSED SOLUTION
Approve the Change Order to maintain Plants No. 1 and No. 2 Caustic Soda
inventories at required levels to ensure normal operating parameters, mitigate odor,
and uphold OCSD Levels of Service.
Page 1 of 2
TIMING CONCERNS
The Plant 1 trunkline bioscrubbers will be out of operation for construction in 2016. The
construction is expected to take one year. The use of caustic soda, in addition to bleach
at all the Headworks scrubbers is essential to maintain continued Levels of Service.
RAMIFICATIONS OF NOT TAKING ACTION
Shortage(s)in available Caustic Soda will impede our ability to mitigate the odor around
the Plants.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Original funding for FY 2015/16 Caustic Soda Purchase Order was $95,200. However,
due to bleach chemical tank damages in 2015 and Plant No. 1 trunkline bioscrubbers
construction in 2016, caustic soda is being consumed at an accelerated rate. Staff is
requesting an additional $184,800 be added to the Purchase Order No. 104818-OB to
provide adequate volumes of caustic soda to mitigate odor for the remainder of the fiscal
year.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance.
Date of ADDroval Contract Amount Continaencv
Annual Budget $ 95,200
0110612016 Change Order $ 184,800 (10%)Unit Price
ATTACHMENT
The following attachment(s)may be viewed on-line at the OCSD website(www.ocsd.coml with the complete
agenda package:
N/A
Page 2 of 2
OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir.
01/06/16 O1/27/16
AGENDA REPORT Item Number Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: REHABILITATION OF WESTERN REGIONAL SEWERS,
PROJECT NO. 3-64
GENERAL MANAGER'S RECOMMENDATION
A. Approve an increase in the project budget from $112,222,000 to $125,000,000;
B. Approve a Professional Design Services Agreement with AECOM Technical
Services, Inc., to provide engineering services for Rehabilitation of Western
Regional Sewers, Project No. 3-64, for an amount not to exceed $17,639,250;
and
C. Approve a contingency of$1,763,925 (10%).
SUMMARY
BACKGROUND
The Orange County Sanitation District (Sanitation District) owns and maintains
regional conveyance facilities in the Cities of Los Alamitos, Cypress, La Palma,
Buena Park, Anaheim, Seal Beach, and Rossmoor, an unincorporated area of the
County of Orange. The facilities include the Orange Western Subtrunk, Los Alamitos
Subtrunk, West Side Relief Interceptor, Seal Beach Interceptor, and the Westside
Pump Station. Many of the sewers range in age from 40 to 60 years and require
mid-life refurbishment to attain their full service life.
RELEVANT STANDARDS
Operate and maintain facilities to minimize impacts on surrounding communities,
including odor, noise, and lighting.
24/7/365 treatment plant reliability.
Less than 2.1 sanitary sewer spills per 100 miles.
CA Government Code 4526: Select the "best qualified firm" and "negotiate fair
and equitable fees'.
PROBLEM
Nearly 17 miles of sewers in the northwest corner of the Sanitation District's service
area require rehabilitation or replacement. Many segments of the sewers are badly
Page 1 of 4
in need of rehabilitation or replacement due to calcium blockage, structural
deterioration, and groundwater infiltration. Other segments are undersized. The
West Side Pump Station wet well and force main are also corroded.
The Budget Update for Fiscal Year 2015-2016 approved a budget of$112,222,000
for this project. Upon further development of the project scope and schedule, staff
now estimates a total project cost of$125,000,000.
PROPOSED SOLUTION
This project will remove calcium deposits inside the sewer pipes that currently
restrict flow and prevent cleaning of some sewer segments. Deteriorated pipes and
manholes will be lined or replaced to reduce inflow and infiltration and to protect
against further corrosion. Several segments of the sewers will be replaced with
larger diameter pipes to carry more flow. The project will replace the Westside Pump
Station wet well, line its force-main, and install an odor treatment facility.
TIMING CONCERNS
The schedule driver of this project is to resolve the safety and reliability risks
associated with deteriorated and under-capacity facilities to reduce the risks of spills
and structural failures.
RAMIFICATIONS OF NOT TAKING ACTION
• Potential for wastewater spills in public streets with associated fines
• Difficulty or inability to clean and maintain sewers
• Non-compliance with Waste Discharge Requirements
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Request for Proposal:
A Request for Proposal which describes the Consultant's Scope of Work required for
the project was advertised on September 1, 2015.
Proposals were received on October 29, 2015 from four firms: AECOM Technical
Services, Inc.; HDR; Tetra Tech; and Dudek. A Staff Evaluation Committee consisting
of five representatives from the Engineering Department reviewed and ranked each of
the proposals in accordance with the evaluation process set forth in Sanitation District
Board of Directors' Ordinance No. OCSD47. An additional representative from the
Contracts Administration Division participated in the evaluation process as a non-voting
member. The proposals were evaluated according to: (1) project understanding and
Page 2 of 4
approach; (2) applicable related project experience; and (3) project team and staff
qualifications.
The Evaluation Committee reviewed the proposals and short-listed the top two firms to
meet the key team members and further evaluate the fines' qualifications. Pursuant to
the results of the interview, the Evaluation Committee selected AECOM Technical
Services, Inc. as the top-ranked firm as shown in Table 1.
TABLE 1
PROPOSAL EVALUATION*
Consultant Evaluator AECOM HDR
Reviewer A 1 2
Reviewer B 1 2
Reviewer C 1 2
Reviewer D 1 2
Reviewer E 1 2
Overall Ranking 1 2
Proposal Fee $20,425,994 -
Negotiated Fee Proposal $17,639,250 -
Based on scores after interview
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with Sanitation
District Ordinance No. OCSD 47, the fee proposal of only the highest ranked firm was
opened after approval by the Director of Engineering of the Evaluation Committee's
recommendation. Staff conducted negotiations with AECOM Technical Services, Inc. to
clarify the requirements of the Scope of Work, the assumptions to be used for the
estimated level of effort, and the level of design detail required to meet the goals and
objectives for the project.
In evaluating whether the fee proposal was fair and reasonable, the following factors
were considered:
• The estimated level of effort was evaluated in detail for each phase, task and
subtask, and found to be justified by the needs of the project, the agreed upon
assumptions, and the Sanitation District's expectation for the quality of services.
• The consultant's fringe and overhead costs, which factor into the billing rate is
reasonable and lower than other similar agreements. The contract profit is 5%,
which is based on the Sanitation District's standard design agreements.
Staff is applying lessons learned on recent collections system projects with relatively
high change order rates. This scope of work includes a more thorough level of effort
compared to prior engineering contracts for buried utility location services, soils
Page 3 of 4
investigation, and management of traffic impacts. This increased effort is necessary to
minimize risks related to unknown conditions and to avoid the impact those risks would
pose to residents, businesses, and the traveling public. This project is spread over
17 miles of highly variable road conditions, soil and drainage conditions, with buried
natural gas, electricity, water, storm drains, telephones, cable television, and the
internet utilities. This additional engineering effort should result in more competitive
bids, fewer change orders during construction, and fewer delays and community
impacts.
Based on the above, staff has determined that the final negotiated fee is fair and
reasonable for the level of effort required for this project and recommends award of the
PDSA to AECOM Technical Services, Inc.
CEQA
An environmental impact report is currently being prepared for this project and
scheduled to be completed and certified by July 2016.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: Budget Update FY2015-16,
Page A-7), and the budget is sufficient to award this contract. However, staff estimates
that the total cost to complete the project will be greater than the approved budget, and
an increase from $112,222,000 to $125,000,000 is requested. The additional
$12,778,000 is recommended to be moved from the Replacement, Rehabilitation, and
Refurbishment allocation shown on Line Item 14 of the Consolidated Cash Flow
Projections in the Budget Update FY2015-16, Page A-3.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
Professional Design Services Agreement
JM:dm:gc
Page 4 of 4
ATTACHMENT "F"
PROFESSIONAL DESIGN SERVICES AGREEMENT
(PDSA)
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 27' day of January,
2016 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT", and AECOM, for purposes of this Agreement hereinafter referred
to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for
Project No. 3-64, Rehabilitation of Western Regional Sewers; and to provide Design
services to increase the life of a portion of the assets within the Western Region of OCSD's
service area by another 5O years and ensure that the 2040 wet weather peak flows (10-year
storm)will be adequately contained through means that minimize impacts to the environment
and maintain the OCSD's policy of being a good neighbor; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on January 27, 2016 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee or Director of Engineering
and General Manager pursuant to SANITATION DISTRICT Board of Directors' Ordinance No.
OCSD-47 to approve this Agreement between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment"A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 1 of 19
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e. correct references, terms, capitalization or
equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of up to 56 calendar
days during which the SANITATION DISTRICT shall perform appropriate reviews
and including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a speck
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
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F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that(a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b) subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed «Grand Total Written
Amount» Dollars ($eGrand Total Amounts). Total compensation to
CONSULTANT including burdened labor(salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits) actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
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Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Suboonsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E" - Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E" - Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D" -Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2- COMPENSATION above.
G. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D" -Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website
athttp://www.gsa.gov/portal/category/104711 .
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
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lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem' as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging —Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per Diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"Y-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
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3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
I. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
J. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2 -COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
K. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2- COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
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work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
L. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
M. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
N. Pursuant to the California False Claims Act(Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes
to be presented to an officer or employee of the SANITATION DISTRICT a false
claim or request for payment or approval; b) knowingly makes, uses, or causes to
be made or used a false record or statement to get a false claim paid or approved
by the SANITATION DISTRICT; c)conspires to defraud the SANITATION
DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT;
d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the SANITATION
DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to
the SANITATION DISTRICT, and fails to disclose the false claim to the
SANITATION DISTRICT within a reasonable time after discovery of the false claim.
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 at seq,
CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
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B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(3).
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
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A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two
Million Dollars ($2,000,000) per occurrence, Two Million Dollars ($2,000,000)
aggregate. Said insurance shall include coverage for the following hazards:
Premises-Operations, blanket contractual liability (for this Agreement), products
liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and
Underground)and Riggers/On Hook Liability must be included in the General
Liability policy and coverage must be reflected on the submitted Certificate of
Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. AutomotiveNehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit: One Million Dollars ($1,000,000)or alternatively
One Million Dollars ($1,000,000) per person for bodily injury and One Million
Dollars ($1,000,000) per accident for property damage. A statement on an
insurance certificate will not be accepted in lieu of the actual additional insured
endorsement.
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E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Ad claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Five Million Dollars
($5,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made' basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10) days prior to the
expiration of each policy term.
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G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25(5/2010) or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of(ISO Forms)
CG 2010 10 01 and CG 2037 10 01
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty(30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30)days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
thirty(30) days prior to the effective date of the change(s) if the change would
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reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
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8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
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generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Clarice Marcin, Sr. Contracts Administrator
Copy: Hardat Khublall, Project Manager
Notices shall be mailed to CONSULTANT at:
AECOM
999 W. Town and Country Road
Orange, CA 92868
Attention: Jack Gundarlahalli
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 14 of 19
13. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30)days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13 - NOTICES.
14. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
15. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
16. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
17. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 15 of 19
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
19. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1)current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
20. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
21. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"),from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys'fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Suboonsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 16 of 19
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
22. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
23. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
24. COMPLIANCE WITH OCSD POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all OCSD policies and procedures
including the Safety Manual, as applicable, all of which may be amended from time to
time.
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 17 of 19
25. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30) days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
I. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 18 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its Officers lhereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: AECOM
By
Date
Printed Name&Title
ORANGE COUNTY SANITATION DISTRICT
V
By
Chair, Board of Directors Date
By
Kelly Lore Date
Clerk of the Board
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment"A"—Scope of Work
Attachment"B"—Labor Hour Matrix
Attachment"C"—Conflict of Interest Disclaimer
Attachment"D"—Allowable Direct Costs
Attachment"E"— Fee Proposal
Attachment"F" —Professional Design Services Agreement (PDSA)
Attachment"G"—Acknowledgement of PDSA
Attachment"H"— Professional Construction Services Agreement (PCSA)
Attachment"I"—Cost Matrix and Summary
Attachment"J"—Acknowledgement of Addenda Receipt
Attachment"K"— Hourly Rate Schedule for Minor Subconsultant
Attachment"L"—OCSD Safety Standards
CM:dms:ms
PDSA PROJECT NO.3-64
REHABILITATION OF WESTERN REGIONAL SEWERS
Page 19 of 19
OPERATIONS COMMITTEE Meeting Date TOBA.Of Dir.
01/06/16 O1/27/16
AGENDA REPORT Item Number Item Number
7
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: PROPOSED ADOPTION OF WASTEWATER DISCHARGE
REGULATIONS, ORDINANCE NO. OCSD-XX
GENERAL MANAGER'S RECOMMENDATION
A. Introduce Ordinance No. OCSD-XX, entitled "An Ordinance of the Board of
Directors of Orange County Sanitation District Establishing Wastewater
Discharge Regulations, Revising Articles 1 through 8, and repealing Ordinance
No. OCSD-39"for first reading at the January 27, 2016 Board meeting; and
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said
entire Ordinance on January 27, 2016; and
C. Set February 24, 2016, as the date for the second reading and adoption of
Ordinance No. OCSD-XX; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as required
by law.
SUMMARY
The proposed revisions to the Wastewater Discharge Regulations include revisions to
the Local Limits table and changes that are administrative and regulatory in nature.
These revisions are a result of changes required or recommended by the United States
Environmental Protection Agency (EPA) and the Santa Ana Regional Water Quality
Control Board. The Orange County Sanitation District (OCSD) is making additional
changes to facilitate OCSD's ability to achieve long-term compliance for the National
Pretreatment Program under the Clean Water Act, National Safe Drinking Water Act,
the National Pollutant Discharge Elimination System (NPDES) Permit, water recycling,
biosolids requirements, and air quality.
BACKGROUND
OCSD's Environmental Compliance Division is responsible for administering and
enforcing OCSD's Wastewater Discharge Regulations and National Pretreatment
Program through an extensive permitting, monitoring, and enforcement program to
regulate the discharge into local sewers of pollutants from industrial and commercial
facilities.
Page 1 of 4
The National Pretreatment Program is derived from the federal Clean Water Act
amendments of 1977 (CWA). The Pretreatment Program was established to
regulate the introduction of pollutants into the sewer system from industrial sources.
Discharges targeted for regulation include those that will interfere with a treatment or
reclamation facility operation, that may pass through the treatment works and cause
environmental harm, or that are otherwise incompatible with such works. The
Pretreatment Program is also intended to improve opportunities to reclaim municipal
wastewater and biosolids.
Recognizing the need to control the quality of wastewater discharges, the Board of
Directors adopted the first Ordinance in February 1954, which was amended in
February 1958, and again in April 1970. The 1970 amendments formally
established OCSD's Source Control Program for the purpose of issuing permits,
setting discharge limits, and monitoring industrial discharges to the sewer system. In
July 1976, the Ordinance was expanded to include numerical discharge limits for
heavy metals.
In July 1983, the Ordinance was again amended to include enforcement of EPA's
newly promulgated categorical pretreatment regulations and to modify OCSD's local
limits for cadmium, copper, and toxic organics at the levels currently enforced. In
September 1989, the Ordinance was further amended to include revisions to the
Federal Categorical Pretreatment Standards and other provisions for implementation
of a waste minimization program and escalated enforcement proceedings.
In February 1992, the Ordinance was revised to incorporate new federal and state
regulatory mandates for the administrative and civil penalties. In July 1998, the
Ordinance was again amended to include the newly-adopted policy pertaining to
fees and charges for the use of OCSD's sewer system. In May 2007, the Ordinance
was amended to transfer sanitary sewer charges into a separate Fee Ordinance. In
September 2009, administrative updates were made to the Ordinance.
RELEVANT STANDARDS
• Federal Clean Water Act Requirements, Ocean Discharge Permit
• Code of Federal Regulations (CFR), Title 40, Pretreatment Regulations
• Support the Groundwater Replenishment System
• California Code of Regulations, Title 22
PROBLEM
OCSD is required to have a Pretreatment Program that is approved by the EPA and
California Regional Water Quality Control Board, Santa Ana Region (RWQCB). As
part of this requirement, OCSD must operate pursuant to legal authority enforceable
in federal, state or local courts, which authorizes or enables the Publicly Owned
Treatment Works (POTW) to apply and enforce any pretreatment requirements
developed pursuant to the CWA and implementing regulations [40 CFR 403.9(b)]
and to "provide a written technical evaluation of the need to revise local limits under
Page 2 of 4
40 CFR 403.5(c)(1), following National Pollution Discharge Elimination System
(NPDES) permit issuance or reissuance" [40 CFR 122.440)(2)(ii)], and must
continue to develop and revise local limits as necessary [40 CFR 403.5(c)(1)].
PROPOSED SOLUTION
OCSD has performed a technical evaluation of the need to revise local limits and is
promulgating changes to the Wastewater Discharge Regulations in accordance with
federal and state law. OCSD's Wastewater Discharge Regulations: is a legal
mechanism implemented by OCSD that sets out requirements for the discharge of
pollutants into OCSD's collection system, reclamation and treatment facilities;
ensures that OCSD has adequate legal authority to effectively implement its local
Pretreatment Program; and contains Local Limits controlling discharge of pollutants
that Users of OCSD's sewer collection systems must meet.
TIMING CONCERNS
OCSD staff recommends prudent action to the General Manager's
recommendations in consideration of reasonable implementation under 40 CFR
403.2, which states, "A POTW must act reasonably by implementing its pretreatment
requirements consistent with an effective pretreatment program: i.e., a program that
will prevent interference and pass through, and improve opportunities to recycle
municipal and industrial waste streams and sludges."
RAMIFICATIONS OF NOT TAKING ACTION
Sections 309(b) and (d) of the CWA give EPA plenary authority to bring a civil action
for injunctive relief and penalties against a municipality that has violated the
pretreatment implementation requirements contained in its NPDES permit and any
requirements contained in an approved pretreatment program incorporated by
reference into the permit. EPA also can enforce the pretreatment regulations, 40
CFR 403, if the permit (or approved program incorporated by reference into the
permit) appropriately references the regulations. Specifically, EPA's cause of action
under Section 8309(b) and (d), in those circumstances, is that the POTW has
violated a permit condition authorized by the statute for the purpose of implementing
Section 307 of the Act.
PRIOR COMMITTEE/BOARD ACTIONS
SEPTEMBER 2009: Adopted Ordinance No. OCSD-39, An Ordinance of the Board of
Directors of Orange County Sanitation District adopting Wastewater Discharge
Regulations and repealing Ordinance No. OCSD-37 at the regular Board meeting.
ADDITIONAL INFORMATION
N/A
Page 3 of 4
CEQA
N/A - statutorily exempt under the California Environmental Quality Act pursuant to the
provisions of Public Resources Code Section 21080(b)(8) and California Code of
Regulations Section 15273(a) and categorically exempt pursuant to California Code of
Regulations Sections 15307 and 15308.
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s) are attached in hard copy and may also be viewed on-line at the
OCSD website (wmcocsd.coml with the complete agenda package:
• Ordinance No. OCSD-XX Fact Sheet
• Ordinance No. OCSD-XX Establishing Wastewater Discharge Regulations and
Repealing Ordinance No. OCSD-39
JC:jb:gc
Page 4 of 4
Ordinance No. OCSD-XX Fact Sheet
What is Ordinance No.OCSD-XX?
Ordinance OCSD-XX is the latest revision of Orange County Sanitation District (OCSD)'s Wastewater Discharge
Regulations, formerly OCSD-39. The Ordinance: is a legal mechanism implemented by OCSD that sets out
requirements for the discharge of pollutants into OCSD's collection system, reclamation and treatment facilities;
ensures that OCSD has adequate legal authority to effectively implement its local Pretreatment Program; and
contains Local Limits controlling discharge of pollutants that Users of OCSD's sewer collection systems must
satisfy.
Why does it have to change?
OCSD is required to have a Pretreatment Program that is approved by the EPA and California Regional Water
Quality Control Board, Santa Ana Region (RWQCB). As part of this requirement, OCSD must review its Local
Limits every five years.
What are the significant modifications to OCSD's draft Pretreatment Ordinance Impacting Class I
Permittees or Significant Industrial Users?
OCSD's draft pretreatment ordinance changes are summarized in the table below:
WHAT IS THE CHANGE? WHY DID OCSD MAKE THIS CHANGE?
Permit Terms:The maximum issue periods for permits OCSD is planning to extend the maximum permit terms to
have been changed: align more closely with the maximum permit terms allowed
Class I permits may be issued for up to four years; by EPA.
Class 11 permits, Dry Weather Urban Runoff Discharge
Permits,and Special Purpose Discharge Permits may be
issued for up to five years;and
Wastehauler Discharge Permits may be issued for up to
three years.
Corrosion.Fouling.Occlusion.or Damage: Discharges Discharges of this nature impact the life of the POTW's
causing corrosion,fouling,occlusion,or damage are assets and the operation and maintenance cost. Damage
prohibited. from subsequent spills can also harm the environment and
public safety.
Organizational Level of Appeals: Appeal decisions require a level of understanding of the
Appeals will be made to the OCSD General Manager. Clean Water Act,Safe Drinking Water Act,the operations
Previously, appeals were made to the OCSD Steering and maintenance of OCSD infrastructure,and health and
Committee. safety of its workers which is more aligned to the roles and
responsibilities of OCSD's General Manager.
Type of Appeals:Appeals have been limited to OCSD Appeals to administrative orders and administrative
administrative orders and administrative penalties. penalties are cdtical issues concerning the General
Manager. Other types of appeals from decisions, actions,
and determinations at lower levels of enforcement are
addressed by the Department Head or designee. This is a
clarification of the existing process.
Enforcement Response Schedules: Procedural reporting Defining procedural reporting and response schedules
and response schedules have been defined for mechanisms facilitates prudent action for both the Permittee and OCSD.
of compliance This is a clarification of the existing process.
Permit Transfers:Ordinance language has been Permits issued under the Ordinance are for a specific User,
strengthened to prohibit permit transfers triggered by sale or for a specific operation at a specific location or for a specific
change of ownership. Notification of sale or change of wastehauler,and create no vested rights. The language
ownership has also been clarified. modifications clarify that the existing permit will be
terminated by OCSD upon notification of sale or change of
ownership. A new permit will be issued to the new owner
upon proper submittal of an application.
EPA and RWQCB Required Changes:OCSD needs to OCSD concurs with the EPA/RWQCB findings.Since
adopt changes required by the EPA and RWQCB as a result OCSD's original Ordinance predates the EPA Model
of the 2013 Pretreatment Compliance Audit(PCA)and 2014 Ordinance and the federal regulations have evolved over
Pretreatment Compliance Inspection(PCI) time,the changes update/harmonize the language in
OCSD's Ordinance.
December 18,2015 Page 1 of 2
What are the results of the Technical Evaluation of Local Limits?
The technical evaluation resulted in 11 changes to Local Limits concentration and mass-based limits. A
comparison of new/amended and existing OCSD Maximum Allowable Local Discharge Limits is shown below:
Pollutants of Concern Local Limits, m /L Wastehauler Limits, m /L
New/Amended Existing New/Amende Existing
BOD(1) Mass Allocation 15,000 Wit
Ammonia(1) Mass Allocation
Chromium (Total) 20.0 M 2.0 OLL 35.0 2.0
Silver 15.0 JE 5.0
Arsenic 2.0 2.0
Cadmium 1.0 1.0 1.0 10
Copper 3.0 3.0 25.0 25.0
Lead 2.0 2.0 10.0 10.0
Mercury 0.03 0.03
Nickel 10.0 10.0 10.0 10.0
Zinc 10.0 10.0 50.0 50.0
Molybdenum 2.3 --- --- ---
Selenium 3.9 --- --- ---
1,4-Dioxane 1.0 --- --- ---
Total Toxic Organics --- 0.58 --- ---
Cyanide Amenable --- 1.0 --- ---
Cyanide Total 5.0 5.0
Petroleum O&G 100.0 100.0
Total Sulfides 5.0 5.0
Dissolved Sulfides 0.5 0.5
H S.U. 6.0- 12.0 6.0- 12.0 6.0- 12.0 1 6.0- 12.0
PCBs 0.01 0.01
Pesticides 0.01 0.01
K
=OCSD new/amended proposed Local Limits
Abbreviations:
BOD-Biochemical Oxygen Demand
GW RS-Groundwater Replenishment System
Petroleum O&G-Petroleum Oil and Grease as Silica Gel Treated n-Hexane Extractable Material(SGT-HEM Non-Polar Material)
PCBs-Polychlorinated Biphenyls
s.u.-standard Units
Footnotes:
(1 BOD and ammonia mass discharged will be tracked by OCSD and Users.
December 18,2015 Page 2 of 2
ORDINANCE NO. OCSD-XX
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AMENDING
WASTEWATER DISCHARGE REGULATIONS, AND
REPEALING ORDINANCE NO. OCSD-39
OCSD-XX-1
CONTENTS
ARTICLE 1. GENERAL PROVISIONS............................................................................5
101. PURPOSE AND POLICY................................................................................5
102. DEFINITIONS .................................................................................................6
103. CONFIDENTIAL INFORMATION..................................................................21
104. SALE OR CHANGE OF OWNERSHIP.........................................................22
105. RESERVED..................................................................................................22
106. AUTHORITY.................................................................................................22
107. DELEGATION OF AUTHORITY...................................................................23
108. SIGNATORY REQUIREMENTS...................................................................23
109. RECORD KEEPING REQUIREMENTS........................................................24
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE.................................................................................................................25
201. PROHIBITED DISCHARGES .......................................................................25
202. PROHIBITION ON DILUTION.......................................................................27
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER................27
204. PROHIBITION ON UNPOLLUTED WATER .................................................27
205. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION
REQUIREMENT........................................................................................................28
206. PROHIBITION ON THE USE OF GRINDERS..............................................28
207. PROHIBITION ON POINT OF DISCHARGE................................................28
208. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT......28
209. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES
TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION................29
210. PROHIBITION ON MEDICAL WASTE..........................................................30
211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES ..30
212. PROHIBITION ON LIQUEFACTION.............................................................31
213. MASS EMISSION RATE DETERMINATION ................................................31
214. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS ..............................32
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES.....33
301. INTRODUCTION ..........................................................................................33
302. CLASS I WASTEWATER DISCHARGE PERMITS ......................................33
OCSD-XX-2
303. CLASS II WASTEWATER DISCHARGE PERMITS .....................................40
304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS.......................47
305. SPECIAL PURPOSE DISCHARGE PERMITS .............................................49
306. WASTEHAULER DISCHARGE PERMIT......................................................51
307. DISCHARGE CERTIFICATIONS..................................................................54
308. RESERVED.................................................... Error! Bookmark not defined.
309. RESERVED.................................................... Error! Bookmark not defined.
310. OUT OF DISTRICT PERMITS/DISCHARGERS...........................................55
ARTICLE 4. FACILITIES REQUIREMENTS .................................................................57
401. DRAWING SUBMITTAL REQUIREMENTS..................................................57
402. PRETREATMENT FACILITIES.....................................................................57
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
58
404. MONITORING/METERING FACILITIES.......................................................59
405. WASTE MINIMIZATION REQUIREMENTS..................................................59
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS .........................................................................................................60
501. MONITORING AND REPORTING CONDITIONS ........................................60
ARTICLE 6. ENFORCEMENT ......................................................................................71
601. PURPOSE AND SCOPE ..............................................................................71
602. DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS....72
603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES ......................72
604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)...........75
605. PERMIT SUSPENSION................................................................................76
606. PERMIT REVOCATION................................................................................78
607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS.........80
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
81
609. INDUSTRIAL WASTEWATER PASS THROUGH ........................................81
610. PUBLICATION OF VIOLATION....................................................................81
611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE...............81
612. PUBLIC NUISANCE .....................................................................................82
613. TERMINATION OF SERVICE ......................................................................82
614. EMERGENCY SUSPENSION ORDER ........................................................82
615. INJUNCTION ................................................................................................83
OCSD-XX-3
616. CIVIL PENALTIES........................................................................................83
617. CRIMINAL PENALTIES................................................................................86
618. APPEALS TO GENERAL MANAGER..........................................................86
619. PAYMENT OF CHARGES............................................................................87
620. RECOVERY OF COSTS INCURRED BY OCSD..........................................88
621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT.................................89
622. JUDICIAL REVIEW.......................................................................................90
ARTICLE 7.SEWER SERVICE CHARGES-CAPITAL FACILITY CAPACITY CHARGES
......................................................................................................................................92
701. SANITARY SEWER SERVICE CHARGE.....................................................92
702. CAPITAL FACILITIES CAPACITY CHARGE................................................92
ARTICLE 8. SEVERABILITY.........................................................................................93
801. SEVERABILITY ............................................................................................93
802. GENERAL APPLICATION ............................................................................93
OCSD-XX-4
The Board of Directors of the Orange County Sanitation District (OCSD) does
hereby FIND:
A. That OCSD is required by federal and state law, including the Clean Water
Act (33 U.S.C. 1251, et sec.), the General Pretreatment Regulations (40
CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code
Sections 13000, at seq.), to implement and enforce a program for the
regulation of Wastewater discharges to OCSD's sewers; and
B. That OCSD is required by federal, state, and local law to meet applicable
standards of treatment plant effluent quality; and
C. Thatthe adoption of this Ordinance is statutorily exempt under the California
Environmental Quality Act pursuant to the provisions of Public Resources
Code Section 21080(b)(8) and California Code of Regulations Section
15273(a) and categorically exempt pursuant to California Code of
Regulations Sections 15307 and 15308.
NOW,THEREFORE, the Board of Directors of the Orange County Sanitation District does
ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of OCSD's Sewerage
Facilities are hereby restated and amended to provide as follows:
ARTICLE 1. GENERAL PROVISIONS
101. PURPOSE AND POLICY
This ordinance sets uniform requirements for Users of OCSD's Sewerage Facilities and
enables OCSD to comply with all applicable state and federal laws, including the Clean
Water Act (33 United States Code [U.S.C.] section 1251, at seq.) and the General
Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403).
This Ordinance shall be interpreted in accordance with the definitions set forth in Section
102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all
liquid wastes carried to facilities of OCSD.
A. The purpose of this Ordinance is to provide for the maximum public benefit
from the use of OCSD's Sewerage Facilities. This shall be accomplished
by regulating sewer use and Wastewater discharges; by providing equitable
distribution of costs, in compliance with applicable federal, state, and local
regulations; and by supporting the proper disposal of Prescription Drugs as
noted in the guidelines published by the Office of National Drug Control
Policy. The revenues to be derived from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by OCSD,
including, but not limited to, administration, operation, monitoring,
maintenance, financing, capital construction, replacement and recovery,
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and provisions for necessary reserves;
B. This ordinance is meant to protect both OCSD personnel who may be
affected by Wastewater, sludge, and biosolids in the course of their
employment and the general public;
C. To comply with federal, state, and local policies and to allow OCSD to meet
applicable standards of treatment plant effluent quality, biosolids quality,
and air quality, provisions are made in this Ordinance for the regulation of
Wastewater discharges to the public sewer. This Ordinance establishes
quantity and quality limits on all Wastewater discharges which may
adversely affect OCSD's Sewerage System, processes, effluent quality,
biosolids quality, air emission characteristics, or inhibit OCSD's ability to
beneficially reuse or dispose of its treated Wastewater, biosolids or meet
biosolids discharge criteria.
D. It is the intent of these limits to improve the quality of Wastewater being
received for treatment and to encourage water conservation and
Wastewater minimization by all Users connected to a public sewer. This
Ordinance also provides for regulation of the degree of Wastewater
Pretreatment required, the issuance of permits for Wastewater discharge
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
E. OCSD is committed to: 1) a policy of Wastewater reclamation and reuse to
provide alternate sources of water supply for OCSD and agencies with
which OCSD has agreements for Wastewater reclamation; and 2) a policy
for the protection of groundwater. OCSD is also committed to help protect
groundwater goals as established by various water quality and water
purveyor agencies. To fulfill these commitments, OCSD may implement
more stringent quality requirements on Wastewater discharges through
regulation, including revisions to this Ordinance.
F. OCSD is committed to a policy for the beneficial use of biosolids, the
implementation of programs to land-apply or provide for the marketing and
distribution of biosolids, which may necessitate more stringent quality
requirements on Wastewater discharges.
G. OCSD is also committed to meet applicable air quality goals established by
the South Coast Air Quality Management District, which may further
necessitate more stringent quality requirements on Wastewater discharges.
102. DEFINITIONS
A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
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Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water
Environment Federation.
The testing procedures for Wastewater constituents and characteristics
shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40;
Protection of Environment; Chapter I, Environmental Protection Agency;
Part 136, Guidelines Establishing Test Procedures for the Analyses of
Pollutants), or as specified.
Other terms not herein defined shall have the same meaning as defined in
the latest California Building and Construction Codes, Title 24, California
Code of Regulations.
1. Act or "the Act' shall mean the Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. section
1251, at seq.
2. Approved POTW Pretreatment Program or Program or POTW
Pretreatment Program shall mean a program administered by a
POTW that meets the criteria established in 40 CFR 403.8 and 403.9
and which has been approved by a Regional Administrator or State
Director in accordance with 40 CFR 403.11.
3. Authorized Representative or Designated Signatory shall mean:
a) If the applicant or User is a corporation:
(1) The president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation;
or
(2) The manager of one or more manufacturing,
production, or operation facilities, provided the
manager is authorized to make management decisions
that govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions
taken to gather complete and accurate information for
individual Wastewater discharge permit requirements;
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and where authority to sign documents has been
assigned or delegated to the manager in accordance
with corporate procedures.
b) If the applicant or User is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
c) If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
d) The individuals described in paragraphs (a) through (c)
above, as Responsible Officers, may designate an Authorized
Representative if the authorization is in writing, the
authorization specifies the individual or position responsible
for the overall operation of the facility from which the
discharge originates or having overall responsibility for
environmental matters for the company or organization, and
the written authorization is submitted to OCSD.
e) An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility.
The Responsible Officer may designate an Authorized
Representative.
4. Best Management Practices (BMPs) shall mean schedules of
activities, prohibitions of practices, maintenance procedures,
operating procedures, practices to control spillage or leaks,
treatment requirements, and other management practices to prevent
or reduce pollution or to meet Article 2 standards. Such BMPs shall
be considered local limits and Pretreatment Standards as stated in
40 CFR 403.5(c)(4).
5. Biochemical Oxygen Demand (BOD) shall mean a measurement of
oxygen utilized by the decomposition of organic material, over a
specified time period (usually 5 days) in a Wastewater sample. It is
used as a measurement of the readily decomposable organic
content of Wastewater.
6. Board shall mean the Board of Directors of the Orange County
Sanitation District.
7. Bypass shall mean the intentional diversion of wastestreams from
any portion of a User's treatment facility.
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8. Capital Facilities Capacity Charge shall mean the payment of a fee,
imposed by the governing Board of OCSD, to pay for the future costs
of constructing new sewerage collection, treatment, and disposal
facilities; and as a contributive share of the cost of the existing
facilities. This charge shall be paid by all property owners at the time
they develop the property and connect directly or indirectly to
OCSD's Sewerage Facilities as a new system User. This charge,
which rates are set forth in a separate Ordinance, is expressly
authorized by the provisions of California Health & Safety Code
Sections 5471 and 5474.
9. Charge For Use shall mean OCSD's sanitary sewer service charge,
a charge established and levied by OCSD upon residential,
commercial, and industrial Users of OCSD's Sewerage System,
pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in
proportion to the use of the treatment works by their respective class,
that provides for the recovery of the costs of operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the POTW. The minimum
charge for use is the Annual Sewer Service Fee Residential Users.
10. Chemical Oxygen Demand (COD) shall mean a measure of the
oxygen required to oxidize all compounds, both organic and
inorganic, in Wastewater.
11. Class I User shall mean any User who discharges Wastewater that:
a) is a Significant Industrial User; or
b) Is determined to have a reasonable potential for adversely
affecting OCSD's operation or for violating any Pretreatment
Standard, Local Limit, or discharge requirement, or may
cause Pass Through affecting OCSD's ability to comply with
its NPDES Permit or other regulations and standards; or
c) may cause pass through or Interference with OCSD's
Sewerage Facilities.
12. Class 11 User shall mean any User whose charge for use is greater
than the special assessment "OCSD Sewer User Fee" included on
the County of Orange secured property tax bill exclusive of debt
service, that discharges wastes other than sanitary, and that is not
otherwise required to obtain a Class I permit.
13. Code of Federal Regulations (CFR)shall mean the codification of the
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general and permanent regulations published in the Federal Register
by the executive departments and agencies of the federal
government.
14. Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliform bacteria, plus
other Pollutants that OCSD's treatment facilities are designed to
accept and/or remove. Compatible Pollutants are non-compatible
when discharged in quantities that have an adverse effect on
OCSD's Sewerage System or NPDES permit, or when discharged in
qualities or quantities violating any Federal Categorical Pretreatment
Standards, local limit, or other discharge requirement.
15. Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow
or time. The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged during the
sample period.
16. Connection Permit shall mean a permit issued by OCSD, upon
payment of a capital facilities capacity charge, authorizing the
Permittee to connect directly to an OCSD's Sewerage Facilities or to
a sewer which ultimately discharges into an OCSD's Sewerage
Facilities.
17. Department Head shall mean that person duly designated by the
General Manager to perform those delegated duties as specified in
this Ordinance.
18. Discharger shall mean any Person who discharges or causes a
discharge of Wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
19. District shall mean the Orange County Sanitation District or OCSD.
20. Division Head shall mean that person duly designated by the General
Manager to implement the OCSD Pretreatment Program and
perform the duties as specified in this Ordinance.
21. Domestic Septage shall mean the liquid and solid material removed
from food service establishments, or a septic tank, cesspool,
portable toilet, Type III marine sanitation device, or similar treatment
works that receives only domestic Wastewater.
22. Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of such
OCSD-XX-10
character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
23. Downstream Sampling or Monitoring shall mean sampling or
monitoring usually conducted in a city or agency owned sewer for the
purpose of determining the compliance status of an industrial or
commercial Discharger.
24. Dry Weather Urban Runoff shall mean surface runoff flow that is
generated from any drainage area within OCSD's service area
during a period that does not fall within the definition of Wet Weather.
It is surface runoff that contains Pollutants that interfere with or
prohibit the recreational use and enjoyment of public beaches or
cause an environmental risk or health hazard.
25. Enforcement Compliance Schedule Agreement (ECSA) shall mean
a mutual agreement between OCSD and Permittee requiring
implementation of necessary Pretreatment practices and/or
installation of equipment to ensure permit compliance.
26. Enforcement Response Plan shall mean a plan containing detailed
procedures indicating how OCSD will investigate and respond to
instances of Industrial User non-compliance in accordance with 40
CFR 403.8(f)(1) or other Users in accordance with OCSD non-
compliance procedures.
27. Federal Categorical Pretreatment Standards shall mean any
regulation containing Pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act (33 U.S.C. 1317) which apply to a specific category of
Industrial Users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405471.
28. Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, Title 33, United States Code, Section 1251 and
following, and any regulation promulgated by the United States
Environmental Protection Agency under Title 40 CFR implementing
that act.
29. Flow Monitoring Facilities shall mean equipment and structures
provided at a User's expense to measure, totalize, and/or record, the
incoming water to the facility or the Wastewater discharged to the
sewer.
OCSD-XX-11
30. General Manager shall mean the individual duly designated by the
Board of Directors of OCSD to administer this Ordinance (see also
Section 107).
31. Grab Sample shall mean a sample taken from a wastestream on a
one-time basis without regard to the flow in the wastestream and
without consideration of time.
32. Indirect Discharge or Discharge shall mean the introduction of
Pollutants into a POTW from any non-domestic source regulated
under section 307(b), (c) or(d) of the Act.
33. Industrial User shall mean any User that discharges Industrial
Wastewater.
34. Industrial Wastewater shall mean all liquid carried wastes and
Wastewater of the community, excluding domestic Wastewater and
domestic septage, and shall include all Wastewater from any
producing, manufacturing, processing, agricultural, or other
operation.
35. Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed Wastewater generation,
conveyance, processing, and disposal facilities.
36. Instantaneous Limit (see the Maximum Allowable Discharge Limit)
37. Interference shall mean any discharge which, alone or in conjunction
with a discharge or discharges from other sources, either:
a) inhibits or disrupts OCSD, its treatment processes or
operations, or its biosolids processes, use, or disposal; or
b) is a cause of a violation of any requirement of OCSD's NPDES
permit or prevents lawful biosolids or treated effluent use or
disposal.
38. LEL (Lower Explosive Limit) shall mean the minimum concentration
of a combustible gas or vapor in air(usually expressed in percent by
volume at sea level) which will ignite if an ignition source (sufficient
ignition energy) is present.
39. Letter to Discharge shall mean a letter authorizing a User to
discharge to the sewer without having to obtain a Special Purpose
Discharge Permit. The discharge volume is generally limited to less
than 1 million gallons.
OCSD-XX-12
40. Liquefaction shall mean the chemical hydrolysis, or chemical
liquefaction, or other means for liquefying human or animal remains.
41. Local Limit shall mean specific discharge limits developed and
enforced by OCSD upon industrial or commercial facilities to
implement the general and specific discharge prohibitions listed in
40 CFR 403.5(a)(1) and (b).
42. Local Sewering Agency shall mean any public agency or private
corporation responsible for the collection and disposal of Wastewater
to OCSD's Sewerage Facilities duly authorized under the laws of the
State of California to construct and/or maintain public sewers.
43. Me or Violation shall mean a discharge over the permitted discharge
limit, as determined by the result of a sample analysis, as follows:
a) a discharge exceeding a Mass Emission Rate limit by 20% or
more, or
b) a discharge exceeding a concentration limit by 20% or more,
or
c) a pH discharge less than 5.0.
44. Mass Emission Rate shall mean the weight of material discharged to
the sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
45. Maximum Allowable Discharge Limit shall mean the maximum
quantity or concentration of a Pollutant allowed to be discharged at
any period of time, determined from the analysis of any discrete or
composited sample collected, independent of the industrial flow rate
and the duration of the sampling event.
46. Medical Waste shall mean the discharge of isolation wastes,
infectious agents , human blood and blood byproducts, pathological
wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
47. Milligrams Per Liter (mg/L or ma/1) shall mean a unit of the
concentration of a constituent or compound that is found in water or
Wastewater. It is 1 milligram of the constituent or compound in 1 liter
of water or Wastewater.
OCSD-XX-13
48. Minor Violation shall mean a discharge over the permitted discharge
limit as determined by the result of a sample analysis, as follows:
a) a discharge exceeding a Mass Emission Rate limit by less
than 20%, or
b) a discharge exceeding a concentration limit by less than 20%,
or.
c) a pH discharge equal to or greater than 5.0, but less than 6.0,
or
d) a pH discharge greater than 12.0.
49. National Pretreatment Standard Pretreatment Standard or
Standard shall mean any regulation containing Pollutant discharge
limits promulgated by the EPA in accordance with section 307 (b)
and (c) of the Act, which applies to Industrial Users. This term
includes prohibitive discharges and categorical standards
established pursuant to 40 CFR 403.5 and 40 CFR 403.6.
50. North American Industry Classification System (NAICS) shall mean
an industry classification system that groups establishments into
industries based on the activities in which they are primarily
engaged.
51. National Pollutant Discharge Elimination System Permit (NPDES
Permit shall mean the permit issued to control the discharge to
surface waters of the United States as detailed in Public Law 92 500,
Section 402.
52. New Source shall mean those sources that are new as defined by 40
CFR 403.3(m) as revised.
53. Non-compatible Pollutant shall mean any Pollutant which is not a
Compatible Pollutant as defined herein.
54. OCSD shall mean Orange County Sanitation District.
55. OCSD's Sewerage Facilities or System shall mean any property
belonging to OCSD used in the treatment, reclamation, reuse,
transportation, or disposal of Wastewater, or biosolids.
56. Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing OCSD requirements, conditions,
OCSD-XX-14
and limits for connecting and discharging to the sewer system, as
may be amended and modified.
57. DH shall mean both acidity and alkalinity on a scale ranging from 0
to 14 where 7 represents neutrality, numbers less than 7 increasing
acidity, and more than 7 increasing alkalinity, and is the logarithm of
the reciprocal of the quantity of hydrogen ions in moles per liter of
solution.
58. Pass Through shall mean discharge through OCSD's Sewerage
Facilities to Waters of the U.S. which, alone or in conjunction with
discharges from other sources, is a cause of a violation of OCSD's
NPDES permit.
59. Permittee shall mean a Person who has received a permit to
discharge Wastewater into OCSD's Sewerage Facilities subject to
the requirements and conditions established by OCSD.
60. Person shall mean any individual, partnership, copartnership,
company, firm, association, corporation or public agency, joint stock
company, trust, estate, or any other legal entity; or their legal
representatives, agents, assigns, including all federal, state, and
local governmental entities.
61. Pesticides shall mean those compounds classified as such under
federal or state law or regulations including, but not limited to DDT
(dichlorodiphenyltrichloro-ethane, both isomers); DDE
(dichlorodiphenyl-ethylene); DDD (dichlorodiphenyldichloroethane);
aldrin, benzene hexachloride (alpha [a], beta [(3], and gamma [7]
isomers); chlordane; endrin; endrin aldehyde; 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; a-endosulfan; (3-
endosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide;
dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and
parathion.
62. Pollutant shall mean any constituent, compound, or characteristic of
Wastewaters on which a discharge limit or requirement may be
imposed either by OCSD or the regulatory bodies empowered to
regulate OCSD.
63. Polychlorinated Biphenvls (PCB) shall mean those compounds
classified as such under federal or state law including, but not limited
to Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and
1262.
64. Pretreatment shall mean the reduction of the amount of Pollutants,
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the elimination of Pollutants, or the alteration of the nature of
Pollutant properties in Wastewater to a level authorized by OCSD
prior to, or in lieu of, discharge of the Wastewater into OCSD's
Sewerage System. The reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or
by other means.
65. Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of Industrial Wastewater prior to discharge into a
public sewer.
66. Pretreatment Requirements shall mean any substantive or
procedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial User.
67. Priority Pollutants shall mean the most recently adopted list of toxic
Pollutants identified and listed by EPA as having the greatest
environmental impact. They are classified as Non-compatible
Pollutants and may require Pretreatment prior to discharge to
prevent:
a) Interference with OCSD's operation; or
b) biosolids contamination; or
c) Pass Through into receiving waters or into the atmosphere.
68. Public Agency shall mean the State of California and any city, county,
district, other local authority or public body of or within this state.
69. Public Sewer shall mean a sewer owned and operated by OCSD, a
city or other local sewering Public Agency which is tributary to
OCSD's Sewerage Facilities.
70. Publicly Owned Treatment Works or POTW shall mean a treatment
works as defined by section 212 of the Act, which is owned by a state
or municipality (as defined by section 502(4) of the Act). This
definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal Sewage or
industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey Wastewater to a POTW
Treatment Plant. The term also means the municipality as defined in
section 502(4) of the Act, which has jurisdiction over the Indirect
Discharges to and the discharges from such a treatment works.
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71. RCRA shall mean Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901, at seq.) and as amended.
72. Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of OCSD including, but not limited to, the
following:
a) United States Environmental Protection Agency, Region IX,
San Francisco and Washington, DC (EPA).
b) California State Water Resources Control Board (SWRCB).
c) California Regional Water Quality Control Board, Santa Ana
Region (RWQCB).
d) South Coast Air Quality Management District (SCAQMD).
e) California Environmental Protection Agency (Cal-EPA).
73. Regulatory Compliance Schedule Agreement(RCSA)shall mean an
agreement between OCSD and Permittee requiring the Permittee to
implement Pretreatment practices and/or install equipment to ensure
compliance with future revised categorical Pretreatment Standards
or revised discharge limits.
74. Responsible Officer shall mean:
a) If the applicant or User is a corporation:
(1) The president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation;
or
(2) The manager of one or more manufacturing,
production, or operation facilities, provided the
manager is authorized to make management decisions
that govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions
taken to gather complete and accurate information for
OCSD-XX-17
individual Wastewater discharge permit requirements;
and where authority to sign documents has been
assigned or delegated to the manager in accordance
with corporate procedures.
b) If the applicant or User is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
c) If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
d) An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility.
75. Sample Point shall mean a location accepted by OCSD, from which
Wastewater can be collected that is representative in content and
consistency of the entire flow of Wastewater being sampled.
76. Sampling Facilities shall mean structure(s) provided at a User's
expense for OCSD or User to measure and record Wastewater
constituent mass, concentrations, collect a representative sample, or
provide access to plug or terminate the discharge.
77. Sanitary Waste shall mean domestic Wastewater, human
excrement, and gray water (e.g., water from household showers,
dishwashing operations, etc.).
78. Septic Waste shall mean any Sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
79. Service Area shall mean an area for which OCSD has agreed to
either provide sewer service, or Wastewater treatment, or
Wastewater disposal.
80. Sewage shall mean Wastewater.
81. Sewerage Facilities or System shall mean any and all facilities used
for collecting, conveying, pumping, treating, and disposing of
Wastewater or sludge or biosolids.
82. Significant Industrial User, except as provided in 40 CFR 403.3 (v)(2)
and (v)(3), shall mean: (1)All Industrial Users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I,
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subchapter N; and (ii) Any other Industrial User that: discharges an
average of 25,000 gallons per day or more of process Wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler
blowdown Wastewater); contributes a process wastestream which
makes up 5 percent or more of the average dry weather hydraulic or
organic capacity of the POTW Treatment plant; or is designated as
such by OCSD on the basis that the Industrial User has a reasonable
potential for adversely affecting the POTW's operation or for violating
any Pretreatment Standard or requirement (in accordance with 40
CFR 403.8(f)(6)).
83. Significant Non-Compliance(SNC)shall mean the compliance status
of an Industrial User who is in violation of one or more of the criteria
as described in 40 CFR 403.8(f)(2)(viii).
84. Slug Load or Slug Discharge shall mean any discharge at a flow rate
or concentration, which could cause a violation of the prohibited
discharge standards in Section 201 of this Ordinance. A Slug
Discharge is any Discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or a non-customary
batch Discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the
POTW's regulations, Local Limits, or Permit conditions.
85. Sludge shall mean any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or
Pretreatment Facility.
86. Special Assessment Credit shall mean the portion of the secured
property tax bill that represents the regional special assessment
sewer User fee as defined by OCSD.
87. Special Purpose Use shall mean any Discharger who is granted a
Special Purpose Discharge Permit by OCSD to discharge unpolluted
water, storm runoff, or groundwater to OCSD's Sewerage Facilities.
88. Spent Solutions shall mean any concentrated Industrial Wastewater
or Wastewater that is not authorized to be discharged to a Sewage
facility until appropriately treated.
89. Spill Containment shall mean a protection system installed by the
Permittee to prohibit the discharge to the sewer of non-compatible
Pollutants.
90. Standard Methods shall mean procedures described in the current
edition of Standard Methods for the Examination of Water and
OCSD-XX-19
Wastewater, as published by the American Public Health
Association, the American Water Works Association and Water
Pollution Control Federation.
91. Suspended Solids shall mean any insoluble material contained as a
component of Wastewater and capable of separation from the liquid
portion of said Wastewater by laboratory filtration as determined by
the appropriate testing procedure and expressed in terms of
milligrams per liter.
92. Total Organic Carbon (TOC)shall mean the measure of total organic
carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical
oxidants, or combinations of these oxidants that convert organic
carbon to carbon dioxide, rounded to two significant figures.As such,
Total Toxic Organics is a subset of TOC.
93. Total Toxic Organics (TTO) shall mean the summation of all
quantifiable values greater than 0.01 milligrams per liter for the
organics regulated by the EPA or OCSD for a specific industrial
category.
94. Unpolluted Water shall mean water to which no Pollutant has been
added either intentionally or accidentally.
95. User shall mean any Person who discharges or causes a discharge
of Wastewater directly or indirectly to a public sewer. User shall
mean the same as Discharger. User includes Industrial Users as a
type of User.
96. Waste-Tracking Form shall mean that receipt which is retained by
the generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA, or
the California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid non-
hazardous wastes as required by OCSD. The Waste-Tracking Form
is typically known as a "waste manifest."
97. Wastehauler shall mean any Person carrying on or engaging in
vehicular transport of brine, domestic septage (except the SAWPA
Sewer Service Area in compliance with the 1996 OCSD/SAWPA
Agreement), or Wastewater as part of, or incidental to, any business
for the purpose of discharging directly or indirectly said Wastewater
into OCSD's Sewerage System.
98. Wastewater shall mean the liquid and water-carried wastes of the
community and all constituents thereof,whether treated or untreated,
OCSD-XX-20
discharged into or permitted to enter a public sewer.
99. Wastewater Constituents and Characteristics shall mean the
individual chemical, physical, bacteriological, and radiological
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the quality and
quantity of Wastewater.
100. Wet Weathershall mean any period of time during which measurable
rainfall occurs within OCSD's service area. This period shall include
the time following the cessation of rainfall until OCSD determines that
the wet weather event is no longer impacting OCSD's Sewerage
System.
101. Working Day shall mean the period of time during which production
or operation is taking place or any period during which discharge to
the sewer is occurring.
102. Zero Discharge Certification shall mean a control mechanism that is
issued by OCSD to insure that specific facilities are not discharging
a Pollutant(s) that may otherwise qualify the facility for a discharge
permit.
B. Words used in this Ordinance in the singular may include the plural and the
plural the singular. Terms used in the masculine form shall include
feminine, and terms used in the feminine form shall include masculine.
103. CONFIDENTIAL INFORMATION
All user information and data on file with OCSD shall be available to the public and
governmental agencies without restriction unless the User specifically requests and is
able to demonstrate to the satisfaction of OCSD that the release of such information would
divulge information, processes or methods which would be detrimental to the User's
competitive position. The demonstration of the need for confidentiality made by the
Permittee must meet the burden necessary for withholding such information from the
general public under applicable state and federal law. Any such claim must be made at
the time of submittal of the information by marking the submittal "Confidential Business
Information" on each page containing such information.
Information which is demonstrated to be confidential shall not be transmitted to anyone
other than a governmental agency without prior notification to the User. Wastewater
constituents and characteristics and other effluent data, as defined in 40 CFR 2.302 shall
not be recognized as confidential information and shall be available to the public.
OCSD-XX-21
104. SALE OR CHANGE OF OWNERSHIP
A. Permits issued under this Ordinance are for a specific User, for a specific
operation at a specific location or for a specific Wastehauler, and create no
vested rights. Notwithstanding 104.C, the existing permit will be terminated
upon sale or change of ownership.
B. No permit may be transferred to allow a discharge to a public sewer from a
point other than the location for which the permit was originally issued.
C. When the permittee is a legal entity (such as a corporation, partnership,
limited liability company, or other legal entity), the permittee is deemed to
have undergone a change of ownership when any other legal entity or
person acquires direct or indirect ownership or control of more than fifty
percent (50%) of the total ownership interest in the permittee.
D. At least thirty (30) days prior to the sale or change of ownership of any
business operating under a permit issued by OCSD, the Permittee shall
notify OCSD in writing of the proposed sale or change of ownership. The
successor owner shall apply to OCSD for a new permit at least fifteen (15)
days prior to the sale or change of ownership in accordance with the
provisions of this Ordinance. A successor owner shall not discharge any
Wastewater for which a permit is required by this Ordinance until a new
permit is issued by OCSD to the successor owner.
E. The written notification of intended sale or change of ownership shall be in
a form approved by OCSD and shall include a written certification by the
new owner or Authorized Representative, which shall include as a
minimum:
1. the specific date on which the sale or change of ownership is to
occur; and
2. an acknowledgement to comply fully with all the terms, conditions,
limits, and provisions of this Ordinance and the new permit.
105. RESERVED
106. AUTHORITY
A. OCSD is regulated by several agencies of the United States Government
and the State of California, pursuant to the provisions of federal and state
Law. Federal and state laws grant to OCSD the authority to regulate and/or
prohibit, by the adoption of ordinances or resolutions, and by issuance of
discharge certifications, or discharge permits, the discharge of any
Wastewater, directly or indirectly, to OCSD's Sewerage Facilities. Said
OCSD-XX-22
authority includes the right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flows discharged to OCSD's Sewerage
Facilities; to require the development of compliance schedules for the
installation of equipment systems and materials by all Users; and to take all
actions necessary to enforce its authority including implementation of the
Enforcement Response Plan, whether within or outside OCSD's
boundaries, including those Users that are tributary to OCSD orwithin areas
for which OCSD has contracted to provide sewerage services.
B. Four jurisdictions contribute to and are under the purview of OCSD's
Pretreatment program: a section of the Irvine Ranch Water District; a
section of the Sanitation Districts of Los Angeles County, which has several
Dischargers at the county border; the South Orange County Wastewater
Authority, and the Santa Ana Watershed Project Authority(SAWPA),whose
discharge is delivered via the Santa Ana River Interceptor (SARI) and is
comprised of mostly Wastewater brines. Nothing in this Ordinance is
intended to preclude the discharge from SAWPA's SARI Service Area of
discharges consisting solely of Wastewater brines that are compliant with
all regulations and agreements.
C. OCSD has the authority pursuant to California Health and Safety Codes
5471 and 5474 to prescribe, revise, and collect all fees and charges for
services and facilities furnished by OCSD either within or without its
territorial limits.
107. DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon the General Manager, the
power may be exercised or the duty may be performed by any person so authorized by
the General Manager.
108. SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance shall contain the following
certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment for
knowing violations"
The statement shall be signed by an authorized representative of the Industrial User as
OCSD-XX-23
defined in 40 CFR 403.12(I) or as defined and designated by OCSD.
109. RECORD KEEPING REQUIREMENTS
Any User subject to OCSD's reporting requirements shall maintain and make available
for inspection and copying records of all information obtained pursuant to, or resulting
from, any monitoring activities required by OCSD, including documentation associated
with Best Management Practices, and any additional records or information obtained
pursuant to monitoring activities undertaken by the User independent of such
requirements. Such records shall include information as shown in 40 CFR 403.12(o)(1)
and (2). These records shall remain available for a period of at least three (3)years. This
period shall be automatically extended for the duration of any litigation concerning the
User or OCSD, or where the User has been specifically notified of a longer retention
period by the General Manager.
OCSD-XX-24
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE
201. PROHIBITED DISCHARGES
These prohibitions apply to all Users of OCSD's Sewerage Facilities whether or not they
are subject to Federal Categorical Pretreatment Standards or any other national, state,
or local Pretreatment Standards or requirements.
A. General Prohibitions.
1. No User shall introduce or cause to be introduced into OCSD's
Sewerage Facilities any Pollutant,Wastewater, orflow which causes
Pass Through or Interference or would cause OCSD to violate any
federal, state, or local regulatory requirement.
2. No User shall increase the contribution of flow, Pollutants, or change
the nature of Pollutants where such contribution or change does not
meet applicable standards and requirements or where such
contribution would cause OCSD to violate any federal, state, or local
regulatory permit.
3. No Person shall transport Wastewater from one location or facility to
another for the purpose of treating or discharging it directly or
indirectly to OCSD's Sewerage Facilities without written permission
from OCSD.
4. No Person shall deliver by vehicular transport, rail car, or dedicated
pipeline, directly or indirectly to OCSD's Sewerage Facilities,
Wastewater which contains any substance that is defined as a
hazardous waste by the Regulatory Agencies.
B. Specific Prohibitions. No User shall introduce or cause to be introduced
into the Sewerage Facilities, any Pollutant, substance, or Wastewater
which:
1. Creates a fire or explosive hazard in the Sewerage Facilities
including, but not limited to, wastestreams with a closed-cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade) using the test methods specified in 40 CFR 261.21; or
produces a gaseous mixture that is 10% or greater of the lower
explosive limit (LEL).
2. Causes obstruction to the flow in the Sewerage Facilities resulting in
interference or damage to the Sewerage Facilities.
OCSD-XX-25
3. Produces noxious or malodorous liquids, gases, solids, or other
Wastewater which, either singly or by interaction with other Wastes,
is sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the Sewerage Facilities for maintenance or repair.
4. Results in toxic gases, vapors, or fumes within the Sewerage
Facilities in a quantity that may cause acute worker health and safety
problems.
5. Contains any radioactive Wastes or isotopes except in compliance
with applicable regulations from other governmental agencies
empowered to regulate the use of radioactive materials.
6. Causes, alone or in conjunction with other sources, OCSD's
treatment plant effluent to fail a toxicity test.
7. Causes OCSD's effluent or any other product of the treatment
process, residues, biosolids, or scums, to be unsuitable for
reclamation, reuse or disposal. Examples of items which may cause
these conditions include, but are not limited, to food packaging,
product containers, and non-dispersible products.
8. Causes discoloration or any other condition which affects the quality
of OCSD's influent or effluent in such a manner that inhibits OCSD's
ability to meet receiving water quality, biosolids quality, or air quality
requirements established by Regulatory Agencies.
9. Creates excessive foaming in the Sewerage Facilities.
10. Violates any applicable Federal Categorical Pretreatment Standards,
statute, regulation, or ordinance of any public agency or Regulatory
Agency having jurisdiction over the operation of or discharge of
Wastewater through the Sewerage Facilities.
11. Has a temperature higher than 140 degrees Fahrenheit, (60 degrees
Centigrade), or which causes the temperature at the treatment plant
to exceed 104 degrees Fahrenheit (40 degrees Centigrade).
12. Has a pH less than 6.0 or greater than 12.0.
13. Causes corrosion, fouling, occlusion, or damage to the POTW
beyond normal wear and tear.
14. Is released in a discharge at a flow rate and/or Pollutant
concentration (including oxygen-demanding Pollutant (BOD, etc.))
OCSD-XX-26
which will cause interference with OCSD's Sewerage Facilities.
15. Is in excess of the permitted Mass Emission Rates established in
accordance with: Section 212, or the concentration limits set forth in
Table 1, or the discharge permit.
16. Contains material which will readily settle or cause an obstruction to
flow in the Sewerage Facilities resulting in interference, such as, but
not limited to, sand, mud, glass, metal filings, diatomaceous earth,
cat litter, asphalt, wood, bones, hair, fleshings, food packaging,
product containers, and non-dispersible products.
17. Includes petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or Pass
Through.
18. Causes the Orange County Water District Groundwater
Replenishment System product water to exceed its TOC limit of 0.5
mg/L.
202. PROHIBITION ON DILUTION
No User shall increase the use of water or in any other manner attempt to dilute a
discharge as a partial or complete substitute for treatment to achieve compliance with this
Ordinance and the User's permit or to establish an artificially high flow rate for permit
Mass Emission Rates.
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
A. No Person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 304 or 305, et seq., OCSD may
approve the discharge of such water only when no alternate method of
disposal is reasonably available or to mitigate an environmental risk or
health hazard.
B. The discharge of such waters shall require a Dry Weather Urban Runoff
Discharge Permit or a Special Purpose Discharge Permit from OCSD.
C. If a permit is granted for the discharge of such water into a Public Sewer,
the User shall pay all applicable charges and shall meet such other
conditions as required by OCSD.
204. PROHIBITION ON UNPOLLUTED WATER
A. No Person shall discharge unpolluted water such as single pass cooling
OCSD-XX-27
water directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 305, at seq., OCSD may approve the
discharge of such water only when no alternate method of disposal or reuse
is reasonably available or to mitigate an environmental risk or health hazard.
B. The discharge of such waters shall require a Special Purpose Discharge
Permit from OCSD.
C. If a permit is granted for the discharge of such water into a public sewer, the
User shall pay all applicable charges and shall meet such other conditions
as required by OCSD.
205. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT
OCSD has the right to control slug discharges, if it is determined to be necessary. All
Significant Industrial Users are required to notify OCSD immediately of any changes at
their facilities that could affect the potential for a slug discharge.
206. PROHIBITION ON THE USE OF GRINDERS
A. Waste from industrial or commercial grinders shall not be discharged into a
Public Sewer, except wastes generated in packing or preparing food or food
products. Such grinders must shred the waste to a degree that all particles
will be carried freely under normal Flow conditions prevailing in the Public
Sewer.
B. Waste from Food Service Establishments operating a grinder is prohibited
and shall not be discharged into a Public Sewer unless written authorization
from the General Manager is obtained.
207. PROHIBITION ON POINT OF DISCHARGE
No Person, except Local Sewering Agencies involved in maintenance functions of
sanitary sewer facilities, shall discharge any Wastewater directly into a manhole or other
opening in a sewer other than through an approved building sewer, unless approved by
OCSD upon written application by the User and payment of the applicable fees and
charges established therefor.
208. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT
Any User that discharges any hazardous waste into the Sewerage System shall notify
OCSD immediately as required by 40 CFR 403.12(p).
OCSD-XX-28
209. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO
OCSD'S SEWERAGE SYSTEM AND WASTEHAULER STATION
A. No Wastehauler shall discharge to OCSD's Sewerage System, domestic
septage or other approved waste or wastewater from a vacuum pumping
truck or other liquid waste transport vehicle, without first obtaining both a
valid Orange County Health Care Agency (OCHCA) registration or other
control mechanism (where applicable), and a OCSD Wastehauler Permit as
required by Section 306. Such Wastewaters shall be discharged only at
locations designated by OCSD, and at such times as established by OCSD.
OCSD may collect samples of each hauled load to ensure compliance with
applicable standards.
B. No Wastehauler shall discharge domestic septage orother approved Waste
or Wastewater constituents in excess of Limits in Table 1.
C. The discharge of industrial Wastewater by any Wastehauler is prohibited
unless written permission of the General Manager has been obtained, the
proper permits have been obtained, and the Industrial Wastewater meets
federal and state limits applicable to the User or generator from which the
Industrial Wastewater was obtained; or the Maximum Local Discharge
Limits as specified in Table 1, whichever are more stringent. The discharge
of hauled Industrial Wastewater is subject to all other requirements of this
Ordinance.
D. No Wastehauler shall discharge or deliver Wastewater to a Sewerage
System that is tributary to OCSD's Sewerage Facilities that are from a
source that is not within OCSD's service area unless prior authorization for
such Wastewater is granted by the General Manager.
E. No Wastehauler shall deliver directly to OCSD's Sewerage Facilities any
Wastewater originating within OCSD's boundaries, from an industrial user
subject to categorical Pretreatment Standards, and is greater than the
categorical Pretreatment Standards, OCSD's Local Limits, or hazardous
waste levels defined by RCRA or 40 CFR 261.
F. Notwithstanding E above, no Wastehauler shall deliver directly to OCSD's
Sewerage Facilities any Wastewater originating within OCSD's boundaries,
from a commercial or an industrial user not subject to categorical
Pretreatment Standards, and is greater than OCSD Local Limits or
hazardous Waste levels defined by RCRA or 40 CFR 261.
G. No Wastehauler shall add chemicals into Wastehauler trucks while on
OCSD premises before discharging to the OCSD Wastehauler Station
unless approved by OCSD.
OCSD-XX-29
H. No Wastehauler shall discharge Wastewater to the OCSD Wastehauler
Station, which contains mixed load types, i.e., car wash Wastewater,
domestic septage, brine, etc.
I. Wastehaulers shall provide a Waste-Tracking Form for every load. This
form shall include, at a minimum, the name and address of the industrial
Wastehauler, permit number, truck identification, names and addresses of
sources of Wastewater, and volume and characteristics of Wastewater.
J. Discharge at the OCSD Wastehauler Station shall be through an
appropriate hose and connection to the discharge port. Discharging
Wastewater directly to the surface area of the Wastehauler Station is
prohibited.
K. Wastehauler hoses must be connected to the Wastehauler Station
discharge port when being cleaned.
L. Transferring loads between trucks or from portable toilets to trucks on
OCSD property is prohibited unless permission from OCSD is obtained.
210. PROHIBITION ON MEDICAL WASTE
A. No solid Wastes consisting of, but not limited to, hypodermic needles,
syringes, instruments, utensils or other paper and plastic items from
hospitals, clinics, offices of medical doctors, convalescent homes, medical
laboratories or other medical facilities shall be discharged to the Sewerage
System, unless prior written approval for such discharges has been granted
by the General Manager.
B. OCSD shall have the authority to require that any discharge of etiologic
agents or infectious agents or substances to the Sewerage System be
rendered inactive and noninfectious prior to discharge if the infectious
Waste is deemed to pose a threat to the public health and safety, or can
become an etiologic agent subsequent to discharge to the Sewerage
System, or will result in any violation of applicable Wastewater discharge
requirements.
C. No unused, unwanted, or expired pharmaceuticals (both over the counter
and prescription-only medications) shall be disposed of in the Sewerage
System, except in accordance with federal and state regulations, or in the
absence of such regulations, using Best Management Practices.
211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited
by this Ordinance, or any permit issued under this Ordinance must be disposed of in
OCSD-XX-30
compliance with all regulatory requirements at a permitted point of disposal as defined by
OCSD or Regulatory Agency with jurisdiction thereof.
If the point of disposal is at an OCSD-permitted treatment facility, all Waste-Tracking
Forms shall be retained for a minimum of three years by the facility and Wastehauler of
said Wastewater, and made available for copying for review upon request.
212. PROHIBITION ON LIQUEFACTION
No Person shall discharge Wastes or Wastewater resulting from liquefaction either
directly or indirectly to the Sewerage System.
213. MASS EMISSION RATE DETERMINATION
A. Mass Emission Rates for non-compatible or Compatible Pollutants that are
present or anticipated in the User's Wastewater discharge may be set for
each User and made an applicable part of each User's permit. These rates
shall be based on Table 1, Maximum Allowable Local Discharge Limits, or
Federal Categorical Pretreatment Standards, and the User's average daily
Wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General Manager.
B. To verify the User's operating data, OCSD may require the User to submit
an inventory of all Wastewater streams and/or records indicating production
rates.
C. OCSD may revise limits or Mass Emission Rates previously established in
the discharger's permit at any time, based on: current or anticipated
operating data of the discharger or OCSD; OCSD's ability to meet NPDES
limits; or changes in the requirements of Regulatory Agencies.
D. The excess use of water to establish an artificially high flow rate for Mass
Emission Rate determination is prohibited.
OCSD-XX-31
214. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS
OCSD's Maximum Allowable Local Discharge Limits are shown in Table 1 below.
TABLE 1
MAXIMUM ALLOWABLE LOCAL NON-DOMESTIC DISCHARGE LIMITSM
CONSTITUENT MILLIGRAMS/LITER
1,4-dioxanehl 1.0
Ammonia Masstat
Arsenic 2.0
Biochemical Oxygen Demand (BOD) Masstat
Cadmium 1.0
Chromium (Total) 20.0
Copper 3.0
Cyanide(Total) 5.0
Lead 2.0
Mercury 0.03
Molybdenum 2.3
Nickel 10.0
Pesticides 0.01
Oil and Grease of Mineral or Petroleum Origin(4) 100.0
Polychlorinated Biphenyls(PCB) 0.01
Selenium 3.9
Silver 15.0
Sulfide (Dissolved) 0.5
Sulfide (Total) 5.0
Zinc 10.0
MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS
DISCHARGING DOMESTIC SEPTAGE TO THE
OCSD WASTEHAULER STATION
CONSTITUENT MILLIGRAMS/LITER
Cadmium 1.0
Chromium 35.0
Copper 25.0
Lead 10.0
Nickel 10.0
Zinc 50.0
(')Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits.
ai 1,4-diomne is also known as"p-dioximi
Pi BOD and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittes's responsibility to report
the intended technically-based mass use to OCSD.
01"Oil and Grease of Mineral or Petroleum Ongin"is also known as"Petroleum Oil and Grease as Silica Gel Treated n-
Hexane Extractable Material"or"SGT-HEM Non-Polar Material."
OCSD-XX-32
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES
301. INTRODUCTION
A. To provide the maximum public benefit from the use of OCSD's Sewerage
Facilities, written authorization to use said facilities is required. This written
authorization shall be in the form of a discharge permit or certification. No
vested right shall be given by issuance of permits or certifications provided
for in this Ordinance. OCSD reserves the right to establish, by Ordinance
regulation, or in Wastewater Discharge Permits or certifications, more
stringent standards or requirements on discharges to OCSD Sewerage
Facilities if deemed by the General Manager appropriate to comply with this
Ordinance and the requirements of Regulatory Agencies.
B. The discharge permit shall be in one of five forms and is dependent upon
the type of discharger, volume, and characteristics of discharge. The five
discharge permits are:
1. Class I Wastewater Discharge Permit.
2. Class II Wastewater Discharge Permit.
3. Dry Weather Urban Runoff Discharge Permit.
4. Special Purpose Discharge Permit.
5. Wastehauler Discharge Permit.
C. The Discharge Certification is issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
D. The Zero Discharge Certification is issued to certify that a particular
Pollutant or process is not used or discharged to OCSD, even though
regulated process Wastewater may still be generated on-site and eventually
wastehauled or otherwise eliminated. Such a facility does not require a
discharge permit, but may require a Zero Discharge Certification.
302. CLASS I WASTEWATER DISCHARGE PERMITS
A. No User requiring a Class I permit shall discharge Wastewater without
obtaining a Class I Wastewater Discharge Permit.
B. Class I Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD. The conditions of Wastewater Discharge
OCSD-XX-33
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
C. All Class I Users proposing to discharge directly or indirectly into the OCSD
Sewerage Facilities shall obtain a Wastewater Discharge Permit by filing an
application pursuant to Section ARTICLE 2 and paying the applicable fees
pursuant to Section 302.3. For purposes of this Ordinance, a Class I User
is any User:
1. Subject to Federal Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR chapter I, subchapter N; or
2. That discharges an average of 25,000 gallons per day or more of
process Wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown Wastewater); or
3. Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
OCSD POTW; or
4. That is designated as such by OCSD on the basis that the Industrial
User has a reasonable potential for adversely affecting the OCSD
POTW's operation or for violating any Pretreatment Standard, local
limit or requirement (in accordance with 40 CFR 403.8(f)(6)); or
5. That may cause Pass Through affecting OCSD's ability to comply
with its NPDES Permit or other regulations and standards; or
6. That may cause Interference with OCSD's Sewerage Facilities.
302.1 Class I Wastewater Discharge Permit Application
A. Any User required to obtain a Class I Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by OCSD. The applicant shall submit, in
units and terms appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(s), NAICS number(s),
description of the manufacturing process or service activity.
2. (Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
3. Volume of Wastewater to be discharged.
OCSD-XX-34
4. Name of individual who can be served with notices other than officers
of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by OCSD,
including, but not limited to, those mentioned in Section 213, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits,
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the discharger and
acceptable to OCSD.
8. Time and duration of discharge.
9. Number of employees per shift and hours of work per employee per
day for each shift.
10. Waste minimization, best management practices, and water
conservation practices.
11. Production records, if applicable.
12. Waste-Tracking Forms, if applicable.
13. Landscaped area in square feet, if applicable.
14. Tons of cooling tower capacity, if applicable.
15. EPA Hazardous Waste Generator Number, if applicable.
16. Any other information as specified.
B. Applicants may be required to submit site plans,floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment equipment, and appurtenances by size, location, and
elevation for evaluation.
C. Applicants may also be required to submit information related to the
applicant's business operations, processes, and potential discharge as may
be requested by OCSD to properly evaluate the permit application.
D. After evaluation of the data, OCSD may issue a Wastewater Discharge
OCSD-XX-35
Permit, subject to terms and conditions set forth in this Ordinance and as
otherwise determined by the General Manager to be appropriate to protect
OCSD's Sewerage Facilities.
E. The permit application may be denied if the applicant fails to establish to
OCSD's satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
F. The permit application may be denied if the applicant has in the past
demonstrated an inability to keep current with OCSD invoices for items such
as Permit Fees, Non-Compliance Resampling Fees, Civil Penalties,
Administrative Civil Penalties, Charges for Use, and Supplemental Capital
Facilities Capacity Charges.
302.2 Class I Permit Conditions. and Limits
A. A Class I permit shall contain all of the following conditions or limits:
1. Mass Emission Rates and concentration limits regulating non-
compatible Pollutants.
2. Requirements to notify OCSD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
3. Location of the User's on-site sampling point.
4. Requirements for submission of self-monitoring reports, technical
reports, production data, discharge reports, compliance with
Pretreatment Standards, BMP-based Categorical Pretreatment
Standards and/or local limits, and/or Waste-Tracking Forms.
5. Requirements for maintaining, fora minimum of three(3)years, plant
records relating to Wastewater discharge, and Waste-Tracking
Forms as specified by OCSD.
6. Requirements to submit copies of tax and water bills.
B. A Class I permit may contain any of the following conditions and/or limits:
1. Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, Flow
Monitoring Facilities, and sampling facilities.
OCSD-XX-36
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Requirements to self-monitor.
4. Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for
use.
5. Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance or determined by the General
Manager to be appropriate to protect OCSD's Sewerage System.
302.3 Class I Permit Fee
A. The Class I permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of permit fees must be received by OCSD prior to issuance
of either a new permit or a renewed permit. Permittee shall also pay any
delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E)of this Ordinance.
302.4 Class I Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1. The Discharger's current or anticipated operating data;
2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. New source indirect Dischargers shall be required to install and start up any
necessary pollution control equipment before beginning discharge, and
comply with applicable Federal Categorical Pretreatment Standards not to
OCSD-XX-37
exceed thirty (30) days after the commencement of discharge.
C. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
D. Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
302.5 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed four(4)years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
302.6 Class I Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of sewerage
service from OCSD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
conveying, treating, and disposing of Sewage in OCSD's Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
B. A Discharger who is issued a Class I Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit charge rates adopted by
Ordinance of the Board of Directors. These fees shall be invoiced on a
quarterly basis. The quarterly invoice shall be based upon an estimate of
the annual use as determined by OCSD. OCSD shall compute the charge
for use based upon actual use for the preceding fiscal year on an annual
reconciliation statement.
C. The charge for use is payable within forty-five (45) days of invoicing by
OCSD. A special assessment credit will be allowed for any regional sanitary
sewer service charge adopted by the Board of Directors by separate
Ordinance and levied against the permitted property.
D. In order for OCSD to determine actual annual water use, the User shall
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
OCSD-XX-38
to June 30, OCSD will endeavor to obtain the water use data. Data obtained
by OCSD will be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for OCSD
administrative costs when OCSD obtains water use data. OCSD's Board
of Directors shall adopt the amount of the fee.
E. The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS— Special Assessment Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S = total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates established and adopted by Ordinance of
OCSD's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph F
below:
F. The Unit Charge rates in the charge-for-use formula shall be determined by
the following method:
1. An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This Charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2. A Capital Facilities Replacement Service component of the Unit
Charge for capital replacement and capital improvement shall be
levied at a rate to be determined from time to time by the Board of
Directors. This charge shall be allocated among Wastewater charge
parameters of flow, biochemical oxygen demand, and suspended
OCSD-XX-39
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand, and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3. The Unit Charge rates for each respective Wastewater component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So.
G. Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the parameter of
measure. This relationship shall be used by OCSD in determining the
charge for use.
When Wastewater from sanitary facilities is discharged separately from the
other Wastewater of a Discharger, the charge for use for discharging the
Wastewater may be determined by using the following:
1. 25 gallons per employee per eight-hour working day.
2. BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number of
people employed full time on a daily basis. This may be determined by
averaging the number of people employed at the beginning and end of each
quarter, or other period that reflects normal employment fluctuations.
303. CLASS II WASTEWATER DISCHARGE PERMITS
A. No User requiring a Class II permit shall discharge Wastewater without
obtaining a Wastewater Discharge Permit.
B. Class II Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use and
fees established by OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
C. All Class II Users proposing to discharge directly or indirectly into the
OCSD-XX-40
OCSD's Sewerage Facilities shall obtain a Wastewater discharge Permit by
filing an application pursuant to Section ARTICLE 1 and paying the
applicable fees pursuant to Section 303.3. For purposes of this Ordinance,
a Class II User is any User:
1. Whose charge for use is greater than the special assessment"OCSD
Sewer User Fee'included on the County of Orange secured property
tax bill exclusive of debt service; and
2. Discharging Wastewater other than sanitary; and
3. Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
A. Any User required to obtain a Class II Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by OCSD. The applicant shall submit, in
units and terms appropriate for evaluation, the following information:
1. Name, address, assessor's parcel number(s)and NAICS number(s);
description of the manufacturing process or service activity.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
3. Volume of Wastewater to be discharged.
4. Name of individual who can be served with notices other than officers
of corporation.
5. Name and address of property owner, landlord and/or manager of
the property.
6. Water supplier and water account numbers.
7. Wastewater constituents and characteristics as required by OCSD,
including, but not limited to, those mentioned in Section 213, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the Discharger and
acceptable to OCSD.
8. Time and duration of discharge.
OCSD-XX-41
9. Number of employees and average hours of work per employee per
day.
10. Production records, if applicable.
11. Waste-Tracking Forms, if applicable.
12. Landscaped area in square feet, if applicable.
13. Tons of cooling tower capacity, if applicable.
14. EPA Hazardous Waste Generator Number, if applicable.
15. Any other information as specified.
B. Applicants may be required to submit site plans,floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment systems, and appurtenances by size, location, and elevation
for evaluation.
C. Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as may
be requested to properly evaluate the permit application.
D. After evaluation of the data furnished, OCSD may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager to be appropriate to
protect the OCSD system.
E. The permit application may be denied if the applicant fails to establish to
OCSD's satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
303.2 Class II Permit Conditions and Limits
A. A Class II permit shall contain all of the following conditions and/or limits:
1. Applicable Mass Emission Rates and concentration limits regulating
non-compatible Pollutants.
2. Requirements to notify OCSD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
OCSD-XX-42
3. Location of the User's on-site sample point.
4. Requirements for submission of technical reports, production data,
discharge reports, and/or Waste-Tracking Forms.
5. Requirements to submit copies of tax and water bills.
B. A Class II permit may contain any of the following conditions and/or limits:
1. Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, Flow
monitoring and/or sampling facilities.
2. Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3. Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for use.
4. Requirements to self-monitor.
5. Requirements for maintaining, for a minimum of three years, plant
records relating to Wastewater discharge, and Waste-Tracking Forms
as specified by OCSD.
6. Other provisions which may be appropriate to ensure compliance with
this Ordinance.
7. Otherterms and conditions determined by the General Manager to be
appropriate to protect OCSD's Sewerage System.
303.3 Class II Permit Fee
A. The Class II permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of the permit fee must be received by OCSD prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
B. Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E)of this Ordinance.
OCSD-XX-43
303.4 Class II Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1. The Discharger's current or anticipated operating data;
2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. The Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
C. Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
303.5 Class II Permit Duration and Renewal
Class II permits shall normally be issued for a period not to exceed five (5)years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
303.6 Class II Permit Charge for Use
A. The purpose of a charge for use is to ensure that each recipient of sewerage
service from OCSD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
conveying, treating, and disposing of Sewage in OCSD's Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
B. A Discharger who is issued a Class II Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the Unit Charge rates adopted
OCSD-XX-44
annually by Ordinance of the Board of Directors. These fees shall be
invoiced on a quarterly basis. The quarterly invoice shall be based upon an
estimate of the annual use as determined by OCSD.
Annually, OCSD shall compute the charge for use based upon actual use
for the preceding fiscal year on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by OCSD.
A special assessment credit will be allowed for any regional sanitary sewer
service charge adopted by the Board of Directors by separate Ordinance
and levied against the permitted property.
C. In order for OCSD to determine actual annual water use, the User shall
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
to June 30, OCSD will endeavor to obtain the water use data. Data obtained
by OCSD will be considered correct and will not be adjusted before the next
annual reconciliation statement.
There shall be a fee levied for OCSD administrative costs when water use
data is obtained by OCSD. The amount of the fee shall be adopted by the
OCSD Board of Directors.
D. The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS—Special Assessment Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S = total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates adopted annually by Ordinance of OCSD's
Board of Directors, based upon the funding requirements of providing
sewerage service, in dollars per unit as described in Paragraph E below.
E. The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
1. An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the
OCSD-XX-45
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2. A Capital Facilities Replacement component of the Unit Charge for
capital replacement and capital improvement shall be levied at a rate
to be determined from time to time by the Board of Directors. This
charge shall be allocated among the three Wastewater charge
parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3. The unit charge rates for each respective Wastewater component in
(1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So.
F. Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the other parameter
of measure. This relationship shall be used by OCSD in determining the
charge for use. When Wastewater from sanitary facilities is discharged
separately from the other Wastewater of a Discharger, the charge for use
for discharging the sanitary Wastewater may be determined by using the
following:
1. 25 gallons per employee per eight-hour working day.
2. BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number
of people employed full time on a daily basis. This may be
determined by averaging the number of people employed at the
OCSD-XX-46
beginning and end of each quarter, or other period that reflects
normal employment fluctuations.
304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS
A. No User shall discharge urban runoff directly to OCSD's Sewerage System
without obtaining a Dry Weather Urban Runoff Discharge Permit.
B. OCSD shall determine whether the dry weather urban runoff proposed to
be discharged into OCSD's Sewerage System may cause a potential
environmental risk and/or health hazard that cannot be economically or
practically controlled by alternative disposal methods.
C. Dry Weather Urban Runoff Discharge Permits shall be subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD.
D. All Users required to obtain a Dry Weather Urban Runoff Discharge Permit
proposing to discharge directly or indirectly into OCSD's Sewerage
Facilities shall file an application pursuant to Section 304 and pay the
applicable fees pursuant to Sections 304.3 and 304.6.
304.1 Dry Weather Urban Runoff Discharge Permit Application
A. An applicant shall contact OCSD prior to any construction of facilities and
discharge of dry weather urban runoff into the Sewerage System to
determine if the discharge of dry weather urban runoff to the OCSD's
Sewerage Facilities is feasible.
B. Applicants shall complete and file with OCSD, prior to commencing
discharge, an application in the form prescribed by OCSD. This application
shall be accompanied by applicable fees, design plans, a detailed analysis
of other disposal alternatives, or other data as needed by OCSD for review.
The applicant shall provide justification that disposal alternatives for the dry
weather urban runoff are not economically or practically feasible in lieu of
sewer discharge.
C. In addition to the discharge permit, OCSD may require that the permit
applicant enter into an agreement setting forth the terms under which the
dry weather urban runoff discharge is authorized.
D. Applicants shall provide adequate Pretreatment and/or Best Management
Practices included within the applicants' plans to ensure that the applicable
discharge limits shall be met.
OCSD-XX-47
304.2 Dry Weather Urban Runoff Discharge Permit Condition and Limits
The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the
following conditions or limits:
A. Mass Emission Rates and concentration limits regulating non-compatible
Pollutants.
B. Requirements forthe User to construct and maintain, at the User's expense,
appropriate Pretreatment equipment, Flow Monitoring Facilities, and
devices to prevent storm water discharge into OCSD's Sewerage System
during a wet weather event (rain event).
C. Requirements for the User to provide OCSD with its operations and
maintenance plan, best management practices, and pollution prevention
strategies designed to minimize or eliminate dry weather urban runoff
Pollutants.
D. Limits on rate and time of discharge or requirements for flow regulation and
equalization prior to discharge to the Sewerage System.
E. Requirements to self-monitor the discharge to the Sewerage System.
F. The General Manager may impose additional requirements as may be
appropriate to reduce the burden on OCSD's Sewerage Facilities.
G. Prohibitions on the discharge, which may cause OCSD's effluent, biosolids,
or any other product of its treatment process, to be unsuitable for
reclamation, reuse, or disposal.
304.3 Dry Weather Urban Runoff Discharge Permit Fee
The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an
amount established in the applicable Ordinance adopted by OCSD's Board of Directors.
Payment of permit fees must be received by OCSD prior to issuance of either a new
permit or a renewed permit. Each Permittee shall also pay delinquent invoices in full prior
to permit renewal.
304.4 Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1. The discharger's current or anticipated operating data;
OCSD-XX-48
2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies, which affect
OCSD; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested changes
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond accordingly.
C. A Permittee shall be informed of any changes in the permit at least forty-
five (45) days prior to the effective date change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
304.5 Dry Weather Urban Runoff Discharge Permit Duration and Renewal
Dry Weather Urban Runoff Discharge Permit shall normally be issued for a period not to
exceed five (5)years. At least forty-five (45)days prior to the expiration of the permit, the
User shall apply for renewal of the permit in accordance with the provisions of this Article
3.
304.6 Dry Weather Urban Runoff Discharge Permit Charge for Use
A Discharger who is issued a Dry Weather Urban Runoff Discharge Permit under the
provision of this Ordinance shall pay a charge for use in accordance with rates established
by Ordinance adopted by OCSD's Board of Directors.
305. SPECIAL PURPOSE DISCHARGE PERMITS
A. No User requiring a Special Purpose Discharge Permit shall discharge
Wastewater without obtaining a Special Purpose Discharge Permit.
Alternatively, at the discretion of the OCSD Division Head or Department
Head, OCSD may issue a Letter to Discharge in lieu of a Special Purpose
Discharge Permit.
B. Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD. The conditions of Special Purpose Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
C. All Special Purpose Discharge Permit Users proposing to discharge directly
OCSD-XX-49
or indirectly into OCSD's Sewerage Facilities shall obtain a Special Purpose
Discharge Permit by filing an application pursuant to Section 305 and
paying the applicable fees pursuant to Sections 305.3 and 305.6. This
discharge permit may be granted when no alternative method of disposal is
reasonably available, or to mitigate an environmental risk or health hazard.
305.1 Special Purpose Discharge Permit Application
A. Applicants seeking a Special Purpose Discharge Permit shall complete and
file with OCSD, prior to commencing discharge, an application in the form
prescribed by OCSD. This application shall be accompanied by the
applicable fees, plumbing plans, a detailed analysis of the alternatives for
water disposal, or other data as needed by OCSD for review.
B. The permit application may be denied when the applicant has failed to
establish to OCSD's satisfaction that adequate Pretreatment equipment is
included within the applicants' plans to ensure that the discharge limits will
be met or that the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
305.2 Special Purpose Discharge Permit Conditions and Limits
A. Discharge conditions and limits shall be no less stringent than Section
201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 213,
Mass Emission Rate Determination; and Table 1, Local Discharge Limits.
B. Monitoring requirements for the discharge shall be for those non-compatible
Pollutants known to exist in the discharge. At least one set of baseline
analysis prior to or upon sewer discharge may be required for all
constituents contained in the most current Environmental Protection
Agency (EPA) "Priority Pollutant" list, excluding asbestos, as listed in
Appendix A of 40 CFR 423, or as subsequently amended.
C. OCSD may specify and make part of each Special Purpose Discharge
Permit specific Pretreatment Requirements or other terms and conditions
determined by the General Manager to be appropriate to protect OCSD's
Sewerage Facilities, the Local Sewering Agency, to comply with Regulatory
Agencies' requirements, to ensure compliance with this Ordinance, and to
assess a charge for use.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in an amount
adopted by Ordinance of the Board of Directors. Payment of permit fees must be received
by OCSD prior to issuance of either a new permit or a renewed permit. Each Permittee
shall also pay delinquent invoices in full prior to permit renewal.
OCSD-XX-50
305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1. The Discharger's current or anticipated operating data;
2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
C. A Permittee shall be informed of any changes in the permit at least forty five
(45) days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall normally be issued for a period not to exceed
five (5) years, but may be renewed as determined by the General Manager. Users
seeking permit renewal shall comply with all provisions of this Article 3.
305.6 Special Purpose Discharge Permit Charge for Use
The General Manager shall establish a charge for use to cover all costs of OCSD for
providing sewerage service and monitoring. A deposit determined by the General
Manager to be sufficient to pay the estimated charges for use shall accompany the
Special Purpose Discharge Permit application, and said deposit shall be applied to the
charges for use.
306. WASTEHAULER DISCHARGE PERMIT
A. Wastehauler Discharge Permits shall be expressly subject to all provisions
of this Ordinance and all other regulations, charges for use, and fees
established by OCSD. The conditions of Wastehauler discharge permits
OCSD-XX-51
shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
B. A Wastehauler proposing to discharge Waste and/or Wastewater into the
OCSD Wastehauler Station shall obtain and keep current both a valid
Orange County Health Care Agency registration (where applicable), and a
OCSD Wastehauler Permit.
306.1 Wastehauler Discharge Permit Application
A. No User or Wastehauler shall discharge waste and/or Wastewater without
both a valid Orange County Health Care Agency registration (where
applicable) and an OCSD Wastehauler Discharge Permit.
B. Any User or Wastehauler required to obtain a Wastehauler Discharge
Permit shall complete and file with OCSD prior to commencing discharge,
an application in a form prescribed by OCSD. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1. Name, address, telephone number, and description of the industries
or clients using the applicant's services.
2. (Whichever is applicable) Name and address of any and all
principals/owners/major shareholders of the company, Articles of
Incorporation, most recent Report of the Secretary of State, and
Business License.
3. Name and address of leaseholder of the vehicle or trailer, if
applicable.
4. Number of trucks and trailers and the license numbers and tank
hauling capacity of each truck or trailer.
5. A copy of the applicant's valid Orange County Health Care Agency
registration, where applicable.
C. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, OCSD may issue a Wastehauler
Discharge Permit, subject to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager to be appropriate to
protect OCSD's Sewerage System.
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306.2 Wastehauler Discharge Permit Conditions and Limits
The issuance of a Wastehauler permit may contain any of the following conditions or
limits:
A. Limits on discharge of heavy metals and other priority Pollutants.
B. Requirements for maintaining and submitting Wastehauling records and
Waste-Tracking Forms, and a valid copy of a current Orange County Health
Care Agency registration (where applicable).
C. Additional requirements as otherwise determined to be appropriate by the
General Manager to protect OCSD's Sewerage System or as specified by
other Regulatory Agencies.
D. Other terms and conditions which may be applicable to ensure compliance
with this Ordinance.
306.3 Wastehauler Discharge Permit Fee
The Wastehauler discharge permit fee shall be paid by the applicant in an amount
adopted by Ordinance of the Board of Directors. Payment of permit fees must be received
by OCSD prior to issuance of either a new permit or a renewed permit. A Permittee shall
also pay any delinquent invoices in full prior to permit renewal.
306.4 Wastehauler Identification Decal and Access Card Transfer
A. The identification decal is non-transferable.
B. If a gate access card is issued, it shall be issued to a specific permitted
vehicle and is non-transferable unless previously authorized in writing by
OCSD.
306.5 Wastehauler Discharge Permit Modification of Terms and Conditions
A. The terms and conditions of an issued permit maybe subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1. The Discharger's current or anticipated operating data;
2. OCSD's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
OCSD; or
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4. A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
B. Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
C. Permittee shall be informed of any change in the permit limits, conditions,
or requirements at least forty five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
306.6 Wastehauler Discharge Permit Duration and Renewal
Wastehauler Discharge Permits shall be issued for a period not to exceed three(3)years.
The Wastehauler Discharge Permit is contingent upon the Permittee maintaining a valid
Orange County Health Care Agency Permit registration throughout the duration of the
Wastehauler Discharge Permit. If at any time, the Permittee is determined to not have a
valid OCHCA registration, the OCSD Wastehauler Discharge Permit will be immediately
revoked. Upon expiration of the permit, the User and/or Wastehauler shall apply for
renewal of the permit in accordance with the provisions of Article 3.
306.7 Wastehauler Discharge Permit Charge for Use
A charge for use to cover all costs of OCSD for providing the Wastehauler Station service
and monitoring shall be established by Ordinance of the Board of Directors.
307. DISCHARGE CERTIFICATIONS
A. Discharge Certifications may be issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
B. No User requiring a Discharge Certification or a Zero Discharge Certification
shall discharge non-domestic Wastewater to OCSD without obtaining
certification.
C. Discharge Certifications shall be expressly subject to all provisions of this
Ordinance and all other regulations, charges for use, and fees established
by OCSD. The conditions of the Discharge Certifications shall be enforced
by OCSD in accordance with this Ordinance and applicable state and
federal regulations.
D. All Users subject to Discharge Certifications proposing to discharge directly
or indirectly into the OCSD's Sewerage Facilities shall obtain a Discharge
OCSD-XX-54
Certification by filing an application and paying all applicable fees thereto.
E. A User required to obtain a Discharge Certification may be required, at
OCSD's discretion, to submit a completed application, and OCSD will
approve the certification or otherwise proceed as required by federal law.
F. The Discharge Certification shall contain as a minimum:
1. BMPs to regulate the quality of Wastewater discharged;
2. Requirements to periodically certify that appropriate BMPs are being
practiced or are no longer necessary;
3. Requirements to notify OCSD in writing prior to modification to
processes or operations through which regulated Wastewater may
be produced;
4. Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with all discharge requirements; and
5. Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
G. A Zero Discharge Certification shall contain as a minimum:
1. A statement that no discharge of regulated Wastewater is permitted;
2. Requirements to notify OCSD of any changes in operation resulting
in a potential for discharge;
3. Requirements to periodically certify that no discharge of regulated
Wastewater has occurred;
4. Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with the "no discharge" requirement; and
5. Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
308. OUT OF DISTRICT PERMITS/DISCHARGERS
A. Industrial Wastewater Discharge Permits for Dischargers located outside
OCSD's boundaries but within the OCSD service area and tributary to
OCSD's Sewerage Facilities, may be issued by a Local Sewering Agency
OCSD-XX-55
after approval by OCSD. OCSD shall have the right of inspection and
sampling of the User's discharge to determine compliance with Industrial
Wastewater discharge regulations. Such inspection and sampling will be
performed under a coordinated plan developed with the Local Sewering
Agency. The more stringent of the industrial Wastewater discharge
regulations and effluent limits of OCSD and the local agency shall apply to
the Discharger.
B. Pursuant to Article 6 herein, OCSD shall have the right to enforce the
Federal Regulations,the provisions of this Ordinance, and permit conditions
and limits applicable to any User located outside of OCSD's service area,
but whose discharge is tributary to OCSD's Sewerage Facilities.
C. The fees for use shall be determined by OCSD and set forth in a use
agreement with the Local Sewering Agency.
D. The requirements for a liquid wastehauler program may be established by
a local sewering agency after obtaining written permission from OCSD.
OCSD-XX-56
ARTICLE 4. FACILITIES REQUIREMENTS
401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by OCSD:
A. Applicants or Users may be required to submit three copies of detailed
facility plans. The submittal shall be in a form and content acceptable to
OCSD for review of existing or proposed Pretreatment facilities, spill
containment facilities, monitoring facilities, metering facilities, and operating
procedures. The review of the plans and procedures shall in no way relieve
the User of the responsibility of modifying the facilities or procedures in the
future, as necessary to produce a discharge acceptable to OCSD, and to
meet the requirements of this Ordinance or any requirements of other
Regulatory Agencies.
B. The drawing shall depict as a minimum the manufacturing process
(Wastewater generating sources), spill containment, monitoring or metering
facilities, and Pretreatment facilities.
C. The applicant or User shall submit a schematic drawing of the Pretreatment
facilities, piping and instrumentation diagram, and Wastewater
characterization report.
D. Users and applicants may also be required to submit for review site plans,
floor plans, mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers, and appurtenances by size, location, and
elevation for evaluation.
E. OCSD may require the drawings be prepared by a California Registered
Chemical, Mechanical, or Civil Engineer.
F. Permittees shall be required to submit updated detailed facility plans.
402. PRETREATMENT FACILITIES
A. All Users shall provide Wastewater treatment as necessary to comply with
this ordinance and shall achieve compliance with all Categorical
Pretreatment Standards, Table 1, Local Discharge Limits, and the
prohibitions set out in Sections 201 (A) & (B) of this Ordinance within the
time limitations specified by EPA, the state, or OCSD, whichever is more
stringent. Any facilities necessary for compliance shall be provided,
operated by a qualified operator, and maintained in proper operating
condition at the User's expense.
OCSD-XX-57
B. All Users may also be required by OCSD to submit Wastewater analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation of the Pretreatment facilities and compliance with
permit limits and this Ordinance.
C. No User shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the User's Permit.
403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
A. All Users shall provide spill containment for protection against discharge of
prohibited Pollutants, materials or other Wastewaters regulated by this
Ordinance. Such protection shall be designed to secure the discharges and
to prevent them from entering into the Sewerage System in accordance with
reasonable engineering standards. Such facilities shall be provided and
maintained at the User's expense.
B. The General Manager shall require any Significant Industrial User to
develop and implement an accidental discharge/slug control plan. OCSD
may evaluate whether each Industrial User needs such a plan. Any User
required to develop and implement an accidental discharge/control slug
plan shall submit a plan which addresses, at a minimum, the following:
1. Description of discharge practices, including non-routine batch
discharges.
2. Description of stored chemicals.
3. Procedures for immediately notifying OCSD of any accidental of slug
discharge. Such notification must also be given for any discharge
which would violate any of the prohibited discharges in Article 2 of
this Ordinance.
4. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or
equipment, measures for containing toxic organic Pollutants
(including solvents), and measures and equipment for emergency
response.
OCSD-XX-58
404. MONITORING/METERING FACILITIES
All Wastewater samples must be representative of the User's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its monitoring
facility in good working order shall not be grounds for the User to claim that sample results
are unrepresentative of its discharge.
A. OCSD may require the User to construct and maintain in proper operating
condition at the User's sole expense, flow monitoring, constituent
monitoring and/or sampling facilities.
B. Permittees may be required to install and maintain an appropriate effluent
flow monitoring device. Calibration of such flow monitoring device shall be
done annually or as specified in the Wastewater discharge permit.
C. The monitoring or metering facilities may be required to include a security
closure that can be locked with an OCSD provided hasp lock during
sampling or upon termination of service.
D. The location of the monitoring or metering facilities shall be subject to
approval by OCSD.
E. The User shall provide immediate, clear, safe and uninterrupted access to
OCSD to the User's monitoring and metering facilities.
F. For all industries permitted by OCSD, domestic Wastewaters shall be kept
segregated from all Industrial Wastewaters until the Industrial Wastewaters
have passed through any required Pretreatment system or device and the
Permittee's sample point.
405. WASTE MINIMIZATION REQUIREMENTS
A. As required by a User's permit, the User shall provide waste minimization
plans to reduce or eliminate Pollutant discharge to the Sewerage System
and conserve water. The User shall investigate product substitution,
housekeeping practices, provide inventory control, implement employee
education, and other steps as necessary to minimize Wastewater produced.
B. Upon approval by OCSD, a User may certify that their facility does not
discharge any type of Wastewater containing Pollutants that may directly or
indirectly discharge into OCSD's Sewerage System as a form of Best
Management Practice (BMP).
OCSD-XX-59
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS
A. Monitoring for Annual Charge for Use
The Wastewater constituents and characteristics of a Discharger needed
for determining the annual charge for use shall be submitted in the form of
self-monitoring reports by the User to OCSD, if requested. The frequency
of analyses and reporting shall be set forth in the User's permit. The
analyses of these constituents and characteristics shall be by a laboratory
acceptable to OCSD, and at the sole expense of the Permittee. Analyses
performed by OCSD's personnel may be used in the determination of the
annual charge for use.
B. Monitoring for Compliance with Permit Conditions or Reporting
Requirements
OCSD may require reports for self-monitoring of Wastewater constituents
and characteristics of the Discharger needed for determining compliance
with any limit or requirements as specified in the User's permit, federal or
state regulations, or this Ordinance. The federal Pretreatment regulations
at 40 CFR 403.12(g)(3) and (4) contain requirements for collecting samples
such as requiring that sampling must be representative of conditions
occurring during the reporting period and that grab samples must be
collected for certain parameters. These reports include:
1. Baseline Monitoring Reports.
a) Within either one hundred eighty(180)days after the effective
date of a categorical Pretreatment Standard, or the final
administrative decision on a category determination under 40
CFR 403.6(a)(4), whichever is later, existing Significant
Industrial Users subject to categorical Pretreatment
Standard(s) currently discharging to or scheduled to
discharge to OCSD shall submit to the General Manager a
report which contains the information listed in paragraph b),
below. At least ninety (90) days prior to commencement of
their discharge, New Sources, and sources that become
Significant Industrial Users subsequent to the promulgation of
an applicable categorical Standard, shall submit to the
General Manager a report which contains the information
listed in paragraph c), below. A New Source shall report the
method of Pretreatment it intends to use to meet applicable
categorical Pretreatment Standards. A New Source also shall
OCSD-XX-60
give estimates of its anticipated Flow and quantity of Pollutants
to be discharged.
b) Users described above shall submit the information set forth
below.
(1) All information required in Section ARTICLE 23
including requirements in 40 CFR 403.12(b)(1)-(7).
(2) Measurement of Pollutants.
a) The User shall provide the following information.
1) The categorical Pretreatment Standards
applicable to each regulated process and
any new categorically regulated
processes for Existing Sources.
2) The results of sampling and analysis
identifying the nature and concentration,
and/or mass, where required by the
Standard or by the General Manager, of
regulated Pollutants in the discharge
from each regulated process.
3) Instantaneous, Daily Maximum, and
long-term average concentrations or
mass, where required, shall be reported.
4) The sample shall be representative of
daily operations and shall be analyzed in
accordance with procedures set out in
Section 501.2 of this Ordinance. Where
the Standard requires compliance with a
BMP or pollution prevention alternative,
the User shall submit documentation as
required by the General Manager or the
applicable Standards to determine
compliance with the Standard.
5) Sampling must be performed in
accordance with procedures set out in
Section 602 of this Ordinance.
b) The User shall take a minimum of one
representative sample to compile that data
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necessary to comply with the requirements of
this paragraph.
c) Samples should be taken immediately
downstream from Pretreatment facilities if such
exist or immediately downstream from the
regulated process if no Pretreatment exists. If
other Wastewaters are mixed with the regulated
Wastewater prior to Pretreatment the User
should measure the flows and concentrations
necessary to allow use of the Combined
Wastestream Formula in 40 CFR 403.6(e) to
evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or
mass limit has been calculated in accordance
with 40 CFR 403.6(e) this adjusted limit along
with supporting data shall be submitted to
OCSD;
d) Sampling and analysis shall be performed in
accordance with this Ordinance;
e) The General Manager may allow the
submission of a baseline report which utilizes
only historical data so long as the data provides
information sufficient to determine the need for
industrial Pretreatment measures;
f) The baseline report shall indicate the time, date
and place of sampling and methods of analysis,
and shall certify that such sampling and analysis
is representative of normal work cycles and
expected Pollutant discharges to OCSD.
(3) Compliance Certification. A statement, reviewed by the
User's Authorized Representative as defined in this
Ordinance and certified by a qualified professional,
indicating whether Pretreatment Standards are being
met on a consistent basis, and, if not, whether
additional operation and maintenance (0&M) and/or
additional Pretreatment is required to meet the
Pretreatment Standards and Requirements.
(4) Compliance Schedule. If additional Pretreatment
and/or O&M will be required to meet the Pretreatment
Standards,the shortest schedule by which the User will
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provide such additional Pretreatment and/or O&M must
be provided.
The completion date in this schedule shall not be later
than the compliance date established forthe applicable
Pretreatment Standard. A compliance schedule
pursuant to this Section must meet the requirements
set forth in this Ordinance.
(5) Signature and Report Certification. All baseline
monitoring reports must be certified in accordance with
this Ordinance and signed by an Authorized
Representative.
2. Compliance Schedule Progress Reports.
The following conditions shall apply to the compliance schedule
required by this Ordinance:
a) The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
Pretreatment required for the User to meet the applicable
Pretreatment Standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components,
commencing and completing construction, and beginning and
conducting routine operation);
b) No increment referred to above shall exceed nine (9) months;
c) The User shall submit a progress report to the General
Manager no later than fourteen (14) days following each date
in the schedule and the final date of compliance including, as
a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established
schedule; and
d) In no event shall more than nine (9) months elapse between
such progress reports to the General Manager.
3. 90-Day Compliance Reports.
Within ninety (90) days following the date for final compliance with
applicable categorical Pretreatment Standards, or in the case of a
OCSD-XX-63
New Source following commencement of the introduction of
Wastewater into OCSD, any User subject to such Pretreatment
Standards and Pretreatment Requirements shall submit to the
General Manager a report containing the information described in
this Ordinance. For Users subject to equivalent mass or
concentration limits, this report shall contain a reasonable measure
of the User's long-term production rate. For all other Users subject
to categorical Pretreatment Standards expressed in terms of
allowable Pollutant discharge per unit of production (or other
measure of operation), this report shall include the User's actual
production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with this
Ordinance. All sampling will be done in conformance with Section
602.
4. Periodic Compliance Reports.
a) Except as otherwise specified in this Ordinance, all Significant
Industrial Users must, at a frequency determined by the
General Manager, submit no less than twice per year on dates
specified by OCSD reports indicating the nature,
concentration of Pollutants in the discharge which are limited
by Pretreatment Standards and the measured or estimated
average and maximum daily flows for the reporting period. In
cases where the Pretreatment Standard requires compliance
with a Best Management Practice (BMP) or pollution
prevention alternative, the User must submit documentation
required by the General Manager or the Pretreatment
Standard necessary to determine the compliance status of the
User including documentation associated with Best
Management Practices.
b) OCSD will meet reporting requirements as specified by 40
CFR Part 3 (Cross-Media Electronic Reporting). Therefore,
Users that send electronic (digital) documents to OCSD to
satisfy the requirements of this Section must register for the
system online and submit a signed Subscriber Agreement to
OCSD for review and approval.
5. Notification of the Discharge of Hazardous Waste.
a) Any User who commences the discharge of hazardous waste
shall notify OCSD, the EPA Regional Waste Management
Division Director, and state hazardous waste authorities, in
writing, of any discharge into OCSD of a substance which, if
otherwise disposed of, would be a hazardous waste under 40
OCSD-XX-64
CFR Part 261. The User shall receive written approval from
the OCSD to discharge hazardous waste. Such notification
must include the name of the hazardous waste as set forth in
40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the User
discharges more than one hundred (100) kilograms of such
waste per calendar month to OCSD, the notification also shall
contain the following information to the extent such
information is known and readily available to the User: an
identification of the hazardous constituents contained in the
wastes, an estimation of the mass and concentration of such
constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents
in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place
no later than one hundred and eighty (180) days after the
discharge commences. Any notification under this paragraph
need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions
must be submitted under subdivision 6 below. The notification
requirement in this Section does not apply to Pollutants
already reported by Users subject to categorical Pretreatment
Standards under the self-monitoring requirements of this
Ordinance.
b) Dischargers are exempt from the requirements of paragraph
(a), above, during a calendar month in which they discharge
no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e). Discharge of more than
fifteen (15) kilograms of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), requires a
one-time notification. Subsequent months during which the
User discharges more than such quantities of any hazardous
waste do not require additional notification.
c) In the case of any new regulations under section 3001 of
RCRA identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous
waste, the User must notify the General Manager, the EPA
Regional Waste Management Waste Division Director, and
state hazardous waste authorities of the discharge of such
substance within ninety (90)days of the effective date of such
regulations.
OCSD-XX-65
d) In the case of any notification made under this Section, the
User shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
e) This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this
Ordinance, a permit issued thereunder, or any applicable
federal or state law.
6. Reports of Changed Conditions
Each User must notify the General Manager of any significant
changes to the User's operations or system which might alter the
nature, quality, or volume of its Wastewater in advance of the
change. The notification must be made promptly, but normally within
30 days. In certain cases, this period may be longer.
a) The General Manager may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a Wastewater
discharge permit application under this Ordinance.
b) The General Manager may issue a Wastewater discharge
permit under this Ordinance or modify an existing Wastewater
discharge permit under this ordinance in response to changed
conditions or anticipated changed conditions.
7. Reports of Potential Problems
a) In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a nonroutine, episodic
nature, a noncustomary batch discharge, a Slug Discharge or
Slug Load, that might cause potential problems for OCSD, the
User shall follow the notification procedures under Notification
of Spill or Slug Loading in Article 5. This notification shall also
include the location of the discharge, type of Wastewater,
concentration and volume, if known, and corrective actions
taken by the User.
b) Within five (5) days following such discharge, the User shall,
unless waived by the General Manager, submit a detailed
written report. This written notification shall include, but not be
limited to, the date of the incident, the reasons for the
discharge or spill, what steps were taken to immediately
correct the problem, and what steps are being taken to
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prevent the problem from recurring.
c) Such notification shall not relieve the User of any expense,
loss, damage, or other liability which might be incurred as a
result of damage or loss to OCSD, natural resources, or any
other damage to person or property; nor shall such notification
relieve the User of any fees, fines, penalties, or other liability
which may be imposed pursuant to this Ordinance or other
applicable law.
d) A notice shall be permanently posted on the User's bulletin
board or other prominent place advising employees who to
call in the event of a discharge described in paragraph a,
above. Employers shall ensure that all employees, who could
cause such a discharge to occur, are advised of the
emergency notification procedure.
e) Significant Industrial Users are required to notify the General
Manager immediately of any changes at its facility affecting
the potential for a Slug Discharge.
8. Reports from Unpermitted Users
All Users not required to obtain a Wastewater discharge permit shall
provide appropriate reports to the General Manager as the General
Manager may require.
9. Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must
notify the General Manager within twenty-four (24) hours of
becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the General Manager within thirty (30)days after becoming aware
of the violation. Resampling by the User is not required if OCSD
performs sampling at the User's facility at least once a month, or if
OCSD performs sampling at the User's facility between the time
when the initial sampling was conducted and the time when the User
or OCSD receives the results of this sampling, or if OCSD has
performed the sampling and analysis in lieu of the User.
10. Other reports as required by OCSD.
a) Monitoring reports of the analyses of Wastewater constituents
and characteristics shall be in a manner and form approved
by OCSD and shall be submitted upon request of OCSD.
OCSD-XX-67
When applicable, the self-monitoring requirement and
frequency of reporting may be set forth in the User's permit as
directed by OCSD. The analyses of Wastewater constituents
and characteristics and the preparation of the monitoring
report shall be done at the sole expense of the User.
b) Failure by the User to perform any required monitoring, or to
submit monitoring reports required by OCSD constitutes a
violation of this Ordinance, may result in determining whether
the Permittee is in significant non-compliance, and be cause
for OCSD to initiate all necessary tasks and analyses to
determine the Wastewater constituents and characteristics for
compliance with any limits and requirements specified in the
User's permit or in this Ordinance. The User shall be
responsible for any and all expenses of OCSD in undertaking
such monitoring analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
A. OCSD may inspect and sample the Wastewater generating and disposal
facilities of any User to ascertain whether the intent of this Ordinance is
being met and the User is complying with all requirements.
B. OCSD shall have the right to place on the User's property or other locations
as determined by OCSD, such devices as are necessary to conduct
sampling or metering operations. Other sampling locations may include
downstream manholes, usually in the Sewerage System,for the purpose of
determining the compliance status of an industrial or commercial
Discharger.
C. OCSD may require the User to install and maintain sample points in areas
acceptable to OCSD outside the User's facility, within the reasonable
control of the User or OCSD. OCSD may also require lockable sample
boxes fully containing the sample points. The User shall grant OCSD
access to the sample points and sample boxes in accordance with this
Ordinance.
D. In order for OCSD to determine the Wastewater characteristics of the
Discharger for purposes of determining the annual use charge and for
compliance with permit requirements, the User shall make available for
inspection and copying by OCSD all notices, self-monitoring reports,
Waste-Tracking Forms, and records including, but not limited to, those
related to production, Wastewater generation, Wastewater disposal, and
those required in the Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103 herein. All
such records shall be kept by the User a minimum of three (3) years.
OCSD-XX-68
E. If a Discharger falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method, the Discharger may be
subject to imposition of penalties, permit suspension or permit revocation.
501.2 Analytical Requirements
All Pollutant analyses, including sampling techniques, to be submitted as part of a
Wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does
not contain sampling or analytical techniques for the Pollutant in question, or where the
EPA determines that the Part 136 sampling and analytical techniques are inappropriate
for the Pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
EPA-approved procedures or procedures approved by the General Manager.
501.3 Right of Entry
A. Persons or occupants of premises where Wastewater is created or
discharged shall allow OCSD, or its representatives, reasonable access to
all parts of the Wastewater generating and disposal facilities for the
purposes of inspection and sampling during all times the Discharger's
facility is open, operating, or any other reasonable time. No Person shall
interfere with, delay, resist or refuse entrance to authorized OCSD
personnel attempting to inspect any facility involved directly or indirectly with
a discharge of Wastewater to OCSD's Sewerage System.
B. Where a User has security measures in place, the User shall make
necessary arrangements so that personnel from OCSD shall be permitted
to enter without delay for the purpose of performing their specific
responsibilities.
501.4 Notification of Spill or Slug Loading
A. In the event the Discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
Discharger has reasonable opportunity to know that a discharge will exceed
the discharge provisions of the User's permit, Sections 201(A) & (B) or
Table 1, Local Discharge Limits, the Discharger shall immediately notify
OCSD by telephone. If the Wastewater or material discharged to the sewer
has the potential to cause or result in a fire or explosion hazard, the
Discharger shall immediately notify the local fire department and OCSD.
Also see Reports of Potential Problems in this Article.
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501.5 Bypass Prohibition: Notification of Bypass
A. Bypass of Industrial Wastewater to the Sewerage System is prohibited.
OCSD may take enforcement action against the User, unless:
1. Bypass was unavoidable because it was done to prevent loss of life,
personal injury, or severe property damage;
2. There were no feasible alternatives to the Bypass, such as the use
of auxiliary treatment facilities, retention of untreated Wastes,
elective slow-down or shut-down of production units or maintenance
during periods of production downtime. This condition is not satisfied
if adequate backup equipment could have been feasibly installed in
the exercise of reasonable engineering judgment to prevent a
Bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3. The Permittee submitted notices as required under Section 501.4(A).
B. If a Permittee knows in advance of the need for a Bypass, it shall submit a
written request to allow the Bypass to OCSD, if possible, at least ten (10)
days before the date of the Bypass.
C. OCSD may approve an anticipated Bypass at its sole discretion after
considering its adverse effects, and OCSD determines that the conditions
listed in Section 501.5(A)(1-3) are met.
D. A Permittee shall provide telephone notification to OCSD of an
unanticipated Bypass that exceeds its permitted discharge limits within four
hours from the time the Permittee becomes aware of the Bypass. A written
report shall also be provided within five (5) days of the time the Permittee
becomes aware or could reasonably have been aware of the Bypass. The
report shall contain a description of the Bypass and its cause; the duration
of the Bypass, including exact dates and times, and, if the Bypass has not
been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent recurrence of the
Bypass. Failure to comply with the oral notice or written report may be
grounds for permit revocation.
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ARTICLE 6. ENFORCEMENT
601. PURPOSE AND SCOPE
A. The Board finds that in order for OCSD to comply with the laws, regulations,
and rules imposed upon it by Regulatory Agencies and to ensure that
OCSD's Sewerage Facilities and treatment processes are protected and
are able to operate with the highest degree of efficiency, and to protect the
public health and environment, specific enforcement provisions must be
adopted to govern the discharges to OCSD's Sewerage System by
Permittees or by facilities required to obtain Zero Discharge Certifications.
Certain violations may result in civil or criminal penalties for violation of
Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
B. To ensure that all interested parties are afforded due process of law and
that non-compliance and violations are resolved as soon as possible, the
general policy of OCSD is that:
1. Any determination relating to a Zero Discharge Certification,
Probation Order, Enforcement Compliance Schedule Agreement
(ECSA), or Regulatory Compliance Schedule Agreement (RCSA)
will be made by the Division Head of the OCSD Pretreatment
Program, with a right of appeal by the Permittee to the General
Manager pursuant to the procedures set forth in Section 618.
2. Any permit suspension or revocation recommended by the Division
Head responsible for the OCSD Pretreatment Program will be heard
and a recommendation made to the General Manager by an OCSD
Department Head or other person designated by the General
Manager.
3. Actions and decisions by the Division Head or Department Head are
made pursuant to a delegation of authority by the General Manager
as authorized by Section 107 of this Ordinance.
4. The Board of Directors may adopt rules of procedure to establish the
conduct of certain administrative proceedings.
C. OCSD, at its discretion, may utilize any one, combination, or all enforcement
remedies provided in this Article 6 in response to any permit or Ordinance
violation.
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602. DETERMINATION OF NONCOMPLIANCE WITH DISCHARGE LIMITS
A. Sampling Procedures
1. Sampling of all Permittees' facilities, Wastewater and discharges
shall be conducted in the time, place, manner, and frequency
determined at the sole discretion of OCSD.
2. Non-compliance with Mass Emission Rate limits, concentration
limits, permit discharge conditions, or any discharge provision of this
Ordinance may be determined by an analysis of a grab or composite
sample of the effluent of a User. Non-compliance with Mass
Emission Rate limits shall be determined by an analysis of a
composite sample of the User's effluent, except that a grab sample
may be used to determine compliance with Mass Emission Rate
limits when the discharge is from a closed (batch) treatment system
in which there is no Wastewater flow into the system when the
discharge is occurring, the volume of Wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
3. All Wastewater samples must be representative of the User's
discharge. Any sample taken from a sample point is considered to
be representative of the discharge to the public sewer.
4. Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order
at all times. The failure of a User to keep its monitoring facility in good
working order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
5. If a User subject to the reporting requirement in this section monitors
any regulated Pollutant at the appropriate sampling location more
frequently than required by the General Manager, using the
procedures prescribed in this Ordinance, the results of this
monitoring shall be included in the report.
603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES
A. Self-Monitoring Requirements as a Result of Non-Compliance
1. If analysis of any sample obtained by OCSD or by a Permittee shows
non-compliance with the applicable Wastewater discharge limits set
forth in this Ordinance or in the Permittee's discharge permit, OCSD
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may impose self-monitoring requirements on the Permittee.
2. A Permittee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
OCSD.
3. All analyses of self-monitoring samples shall be performed by an
independent laboratory acceptable to OCSD and submitted to OCSD
in the form and frequency determined by OCSD.
4. All self-monitoring costs shall be bome by the Permittee.
5. Nothing in this section shall be deemed to limit the authority of OCSD
to impose self-monitoring as a permit condition.
B. Purpose of Non-Compliance Resampling Fees
The purpose of the non-compliance resampling fee is to compensate OCSD
for costs of additional sampling, monitoring, laboratory analysis, treatment,
disposal, and administrative processing incurred as a result of the non-
compliance, and shall be in addition to and not in lieu of any penalties as
may be assessed pursuant to Sections 616 and 617.
C. Non Compliance Resampling Fees for Composite Samples
1. Each violation of a Permittee's permit limit or condition is a violation
of this Ordinance.
a) If analysis of any composite sample of a Permittee's discharge
obtained by OCSD shows a major violation by the Permittee
of the Mass Emission Rates or concentration limits specified
in the Permittee's discharge permit or in this Ordinance, then
the Permittee shall pay non-compliance resampling fees to
OCSD pursuant to fee schedules adopted by OCSD's Board
of Directors.
b) If analysis of any composite sample of a Permittee's discharge
obtained by OCSD shows a minor violation by the Permittee
of the Mass Emission Rates or concentration limits specified
in the Permittee's discharge permit or in this Ordinance, then
OCSD shall impose non-compliance resampling fees
pursuant to fee schedules adopted by OCSD's Board of
Directors.
2. The fees specified in subsection 603.C.1.a), C.1.b) and D herein
shall be imposed for each date on which OCSD conducts sampling
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as a result of a violation by a Permittee.
D. Non-Compliance Resampling Fees for Grab Samples and Self-Monitoring
Results
1. If analysis of any grab sample of a Permittee's discharge shows non-
compliance with any concentration limits as set forth in the User's
permit or in this Ordinance, OCSD may impose non-compliance
resampling fees, pursuant to fee schedules adopted by the OCSD
Board of Directors, for resampling conducted by OCSD as a result of
a violation by the Permittee.
2. If any self-monitoring analysis of a Permittee's discharge shows non-
compliance with any concentration limits or Mass Emission Rates as
set forth in the User's permit or in this Ordinance, OCSD may impose
non-compliance resampling fees, pursuant to fee schedules adopted
by the OCSD Board of Directors, for sampling conducted by OCSD
as a result of a violation by the Permittee.
603.1 Probation Order
A. Grounds
In the event the Division Head determines that a Permittee has violated any
provision of this Ordinance, or the terms, conditions and limits of its
discharge permit, or has not made payment of all amounts owed to OCSD
for User charges, non-compliance resampling fees or any other fees, the
General Manager may issue a Probation Order, whereby the Permittee
must comply with all directives, conditions and requirements therein within
the time prescribed.
B. Provisions
The issuance of a Probation Order may contain terms and conditions
including, but not limited to, installation of Pretreatment equipment and
facilities, requirements for self-monitoring, submittal of drawings or
technical reports, operator certification, audit of Waste minimization
practices, payment of fees, limits on rate and time of discharge, or other
provisions to ensure compliance with this Ordinance.
C. Probation Order- Expiration
A Probation Order issued by the General Manager shall be in effect for a
period not to exceed ninety (90) days.
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603.2 Enforcement Compliance Schedule Agreement (ECSA)
A. Grounds
Upon determination that a Permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this Ordinance,
and needs to construct and/or acquire and install equipment related to
Pretreatment, the General Manager may require the Permittee to enter into
an ECSA which will, upon the effective date of the ECSA, amend the
Permittee's permit. The ECSA shall contain terms and conditions by which
a Permittee must operate during its term and shall provide specific dates for
achieving compliance with each term and condition for construction and/or
acquisition and installation of required equipment related to Pretreatment.
B. Provisions
The issuance of an ECSA may contain terms and conditions including but
not limited to requirements for self-monitoring, installation of Pretreatment
equipment and facilities, submittal of drawings or reports, operator
certification, audit of Waste minimization practices, payment of fees, limits
on rate and time of discharge, deposit of performance guarantee, interim
limits, or other provisions to ensure compliance with this Ordinance.
C. ECSA- Payment of Amounts Owed
OCSD shall not enter into an ECSA until such time as all amounts owed to
OCSD, including User fees, non-compliance resampling fees, deposits, or
other amounts due are paid in full, or an agreement for deferred payment
secured by collateral or a third party, is approved by the General Manager.
Failure to pay all amounts owed to OCSD shall be grounds for permit
suspension or permit revocation as set forth in Section 605 and 606.
D. ECSA- Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and conditions
of an ECSA during its term, the General Manager may issue an order
suspending or revoking the discharge permit pursuant to Section 605 or 606
of this Ordinance.
604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
A. Grounds
If at any time subsequent to the issuance of a Wastewater Discharge Permit
to an Industrial User, Federal Categorical Pretreatment Standards are
adopted or revised by the United States Environmental Protection Agency,
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or in the event OCSD enacts revised or new discharge limits, the General
Manager, upon determination that an Industrial User would not be in
compliance with the adopted revised or new limits, may require the
industrial User to enter into a RCSA with OCSD under terms and conditions
that would provide for achieving compliance with all new standards by the
industrial User on a specific date. The RCSA shall have a maximum term
of two hundred-seventy (270) days. The General Manager may approve a
longer term, upon a showing of good cause.
B. Provisions
The issuance of a RCSA may contain terms and conditions including but
not limited to requirements for installation of Pretreatment equipment and
facilities, submittal of drawings or reports, waste minimization practices or
other provisions to ensure compliance with this Ordinance.
C. RCSA - Non-Compliance Resampling Fee
During the period a RCSA is in effect, any discharge by Permittee in
violation of the RCSA will require payment of non-compliance resampling
fees in accordance with this Article 6.
605. PERMIT SUSPENSION
A. Grounds
The General Manager may suspend any permit when it is determined that
a Permittee:
1. Fails to comply with the terms and conditions of either an ECSA or
RCSA.
2. Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
3. Refuses to provide records, reports, plans, or other documents
required by OCSD to determine permit terms, conditions, or limits,
discharge compliance, or compliance with this Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Fails to report significant changes in operations or Wastewater
constituents and characteristics.
6. Violates a Probation Order.
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7. Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to OCSD for
User charges, non-compliance sampling fees, permit fees, or any
other fees imposed pursuant to this Ordinance.
9. Violates any condition or limit of its discharge permit or any provision
of OCSD's Ordinances or regulations.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for
permit suspension, he shall give written notice thereof via personal delivery,
mail with proof of delivery, or a similar method to the permittee setting forth
a statement of the facts and grounds deemed to exist, together with the time
and place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15)calendar days
nor more than forty-five (45) calendar days after the mailing of such notice.
1. At the suspension hearing, the Permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by OCSD's General Counsel.
2. After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty(30)
calendar days after the conclusion of the hearing setting forth a brief
statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation.
Upon receipt of the written report, the General Manager shall make his
determination and should he/she find that grounds exist for suspension of
the permit, he/she shall issue his/her decision and order in writing within
twenty (20) calendar days. The written decision and order of the General
Manager shall be sent via personal delivery, mail with proof of delivery, or
a similar method to the Permittee or its legal counsel/representative at the
Permittee's business address.
C. Effect
1. Upon issuance, an order of permit suspension issued by the General
Manager shall be final in all respects.
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2. The permittee shall immediately cease and desist its discharge of
any Wastewater, directly or indirectly to OCSD's Sewerage System
for the duration of the suspension. All costs for physically terminating
and reinstating service shall be paid by the Permittee.
3. Any owner and responsible management employee of the Permittee
shall be bound by the order of suspension.
606. PERMIT REVOCATION
A. Grounds
The General Manager may revoke any permit when it is determined that a
Permittee:
1. Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
2. Refuses to provide records, reports, plans, or other documents
required by OCSD to determine permit terms, conditions, or limits,
discharge compliance, or compliance with this Ordinance.
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to report significant changes in operations or Wastewater
constituents and characteristics.
5. Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
6. Discharges effluent to OCSD's Sewerage System while its permit is
suspended.
7. Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
8. Does not make timely payment of all amounts owed to OCSD for
User charges, non-compliance resampling fees, permit fees, or any
other fees imposed pursuant to this Ordinance.
9. Causes interference with OCSD's collection, treatment, or disposal
system.
10. Fails to submit oral notice or written report of a Bypass occurrence.
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11. Violates any condition or limit of its discharge permit or any provision
of OCSD's Ordinances or regulations.
B. Notice/Hearing
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he/she shall give written notice via personal delivery,
mail with proof of delivery, or a similar method thereof to the Permittee
setting forth a statement of the facts and grounds deemed to exist together
with the time and place where the charges shall be heard by the General
Manager's designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty five (45) calendar days after the mailing
of such notice.
1. At the hearing, the Permittee shall have an opportunity to respond to
the allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted in accordance
with the procedures established by the General Manager and
approved by OCSD's General Counsel.
2. After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty(30)
calendar days setting forth a brief statement of facts found to be true,
a determination of the issues presented, conclusions, and a
recommendation.
3. Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
permanent revocation of the permit, he/she shall issue his/her
decision and order in writing within twenty (20) calendar days. The
written decision and order of the General Manager shall be sent via
personal delivery, mail with proof of delivery, or a similar method to
the Permittee or its legal counsel/representative at the Permittee's
business address.
4. In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under terms and
conditions that he/she deems appropriate.
C. Effect
1. Upon issuance, an order of permit revocation issued by the General
Manager shall be final in all respects.
2. The Permittee shall immediately cease and desist its discharge of
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any Wastewater directly or indirectly to OCSD's Sewerage System.
All costs for physical termination shall be paid by the Permittee.
3. Any owner or Authorized Representative of the Permittee shall be
bound by the order of revocation.
4. Any future application for a permit at any location within OCSD by
any Person subject to an order of revocation will be considered by
OCSD after fully reviewing the records of the revoked permit, which
records may be the basis for denial of a new permit.
607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler's non-compliance with permit requirements shall be determined by an
analysis of a sample of the discharge for any constituent or conditions specified in the
Wastehauler's discharge permit or this Ordinance. If the discharge of a Wastehauler is
found by the analysis to be in excess of the concentration limits specified in the
Wastehauler's discharge permit or in this Ordinance, the Wastehauler shall, after
receiving a demand from OCSD, identify in writing, all sources of the discharge.
OCSD reserves the right to sample and inspect any Wastehauler that delivers
Wastewater to any facility which is tributary to OCSD's Sewerage Facilities.
Even if it is established to the satisfaction of the General Manager that the origin of the
discharge is domestic septage, or septic Waste, OCSD may still elect not to accept
Wastewater from that particular source.
If the discharge is Industrial Wastewater from an industrial source(s)and exceeds permit
concentration limits or limits specified in this Ordinance, the following shall apply:
A. First Violation
1. The Permittee shall pay a non-compliance resampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for five (5) days.
B. Second Violation
1. The Permittee shall pay a non-compliance resampling fee.
2. The Wastehauler permit for disposal privileges shall be suspended
for ten (10) days.
3. The Wastehauler permit may be revoked in accordance with Section
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606.
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any User who discharges any Wastewater which causes or contributes to
any obstruction, interference, damage, or any other impairment to OCSD's
Sewerage Facilities or to the operation of those facilities shall be liable for
all costs required to clean or repair the facilities together with expenses
incurred by OCSD to resume normal operations. Such discharge shall be
grounds for permit revocation. A service charge of twenty five percent
(25%)of OCSD costs shall be added to the costs and charges to reimburse
OCSD for miscellaneous overhead, including administrative personnel and
record keeping. The total amount shall be payable within forty five(45)days
of invoicing by OCSD.
B. Any User who discharges a Wastewater which causes or contributes to
OCSD violating its discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to the
facilities, shall be liable for any costs or expenses incurred by OCSD,
including regulatory fines, penalties, and assessments made by other
agencies or a court.
609. INDUSTRIAL WASTEWATER PASS THROUGH
Any User whose discharge results in a Pass Through event affecting OCSD or its
Sewerage Facilities shall be liable for all costs associated with the event, including
treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The
Discharger shall submit to OCSD plans to prevent future recurrences to the satisfaction
of OCSD.
610. PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil penalty
proceedings that a User has discharged in violation of its permit or any provision under
this Ordinance, OCSD may require that the User notify the public and/or other Users of
the OCSD's Sewerage Facilities of such violation, of actions taken to correct such
violation, and of any administrative or judicial orders or penalties imposed as a result of
such violation.
611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, OCSD shall annually cause to be published the
names of all Industrial Users in significant non-compliance. Upon a minimum of a thirty
(30) day notification to the User, said publication shall be made in a newspaper(s) of
general circulation that provides meaningful public notice within the jurisdiction(s) served
by OCSD.
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612. PUBLIC NUISANCE
Discharge of Wastewater in any manner in violation of this Ordinance or of any order
issued by the General Manager, as authorized by this Ordinance, is hereby declared a
public nuisance and shall be corrected or abated as directed by the General Manager.
Any Person creating a public nuisance is guilty of a misdemeanor.
613. TERMINATION OF SERVICE
A. OCSD, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
1. On a term of any order of emergency suspension or revocation of a
permit; or
2. Upon the failure of a Person not holding a valid discharge permit to
immediately cease discharge, whether direct or indirect, to OCSD's
Sewerage Facilities; or
3. Upon the failure of a facility not holding a valid discharge permit or
certification.
B. All costs for physical termination shall be paid by the User as well as all
costs for reinstating service.
614. EMERGENCY SUSPENSION ORDER
A. OCSD may, by order of the General Manager, suspend sewerage service
or Wastehauler discharge service when the General Manager determines
that such suspension is necessary in order to stop an actual or impending
discharge which presents or may present an imminent or substantial
endangerment to the health and welfare of persons, or to the environment,
or may cause interference to the OCSD's Sewerage Facilities,or may cause
OCSD to violate any state or federal law or regulation. Any Discharger
notified of and subject to an Emergency Suspension Order shall
immediately cease and desist the discharge of all Industrial Wastewater to
the Sewerage System.
B. As soon as reasonably practicable following the issuance of an Emergency
Suspension Order, but in no event more than five (5) days following the
issuance of such order,the General Manager shall hold a hearing to provide
the User the opportunity to present information in opposition to the issuance
of the Emergency Suspension Order. Such a hearing shall not stay the
effect of the Emergency Suspension Order. The hearing shall be conducted
in accordance with procedures established by the General Manager and
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approved by the OCSD General Counsel. The General Manager shall issue
a written decision and order within two (2) business days following the
hearing, which decision shall be sent via personal delivery, mail with proof
of delivery, or a similar method to the User or its legal
counsel/representative at that User's business address. The decision of the
General Manager following the hearing shall be final in all respects.
615. INJUNCTION
Whenever a Discharger of Wastewater is in violation of or has the reasonable potential
to violate any provision of this Ordinance, permit condition, or any Federal Categorical
Pretreatment Standards or Pretreatment Requirements as set forth in 40 CFR Section
403.8, at seq., fails to submit required reports, or refuses to allow OCSD entry to inspect
or monitor the User's discharge, OCSD may petition the Superior Court for the issuance
of a preliminary or permanent injunction, or both, as may be appropriate to restrain the
continued violation or to prevent threatened violations by the Discharger.
616. CIVIL PENALTIES
A. Authority
All Users of OCSD's Sewerage System and facilities are subject to
enforcement actions administratively orjudicially by OCSD, U.S. EPA, State
of California Regional Water Quality Control Board, or the County of Orange
District Attorney. Said actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251, at seq.); (2)California Porter-Cologne Water Quality
Control Act (California Water Code Section 13000, at seq.); (3) California
Hazardous Waste Control Law (California Health & Safety Code Sections
25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42
U.S.C.A Section 6901, et seq.); and (5) California Government Code,
Sections 54739-54740.
B. Recovery of Fines or Penalties
In the event OCSD is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other Regulatory Agencies or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by OCSD, as caused by the
discharge of any User of OCSD's Sewerage System which is in violation of
any provision of this Ordinance or the User's permit, OCSD shall be entitled
to recover from the User all costs and expenses, including, but not limited
to, the full amount of said fines or penalties to which OCSD has been
subjected.
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C. Ordinance
Pursuant to the authority of California Government Code Sections 54739 -
54740, any Person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for
each day in which such violation occurs. Pursuant to the authority of the
Clean Water Act, 33 U.S.C. Section 1251, at seq., any Person who violates
any provision of this Ordinance, or any permit condition, prohibition, or
effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per
violation for each day in which such violation occurs. The General Counsel
of OCSD, upon order of the General Manager, shall petition the Superior
Court to impose, assess, and recover such penalties, or such other
penalties as OCSD may impose, assess, and recover pursuant to federal
and/or state legislative authorization.
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, OCSD may issue an administrative complaint
to any Person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit, or
certification requirement; or
c) any suspension or revocation order.
2. The administrative complaint shall be served via personal delivery,
mail with proof of delivery, or a similar method on the Person and
shall inform the Person that a hearing will be conducted, and shall
specify a hearing date within sixty (60) days. The administrative
complaint will allege the act or failure to act that constitutes the
violation of OCSD requirements, the provisions of law authorizing
civil liability to be imposed, and the proposed civil penalty. The
matter shall be heard by the General Manager's designee. The
Person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted.
3. At the hearing, the Person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in
accordance with the procedures established by the General
Manager and approved by OCSD's General Counsel.
OCSD-XX-84
4. After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty(30)
calendar days setting forth a brief statement of the facts found to be
true, a determination of the issues presented, conclusions, and a
recommendation.
5. Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
assessment of a civil penalty against the Person, he/she shall issue
his/her decision and order in writing within twenty(20)calendar days.
6. If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the General Manager
may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the General Manager may take into
consideration all relevant circumstances, including but not limited to
the extent of harm caused by the violation, the economic benefit
derived through any non-compliance, the nature and persistence of
the violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the Person involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
technical, monitoring reports, or any other required
documents;
b) In an amount which shall not exceed three thousand dollars
($3,000.00)for each day for failing or refusing to timely comply
with any compliance schedules established by OCSD;
c) In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in violation
of any Wastewater discharge limit, permit condition, or
requirement issued, reissued, or adopted by OCSD;
d) In any amount which does not exceed ten dollars ($10.00) per
gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by OCSD;
8. Upon issuance, an order assessing administrative civil penalties
issued by the General Manager shall be final in all respects.
OCSD-XX-85
9. Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service
or by registered mail to the Person at his business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10. Any Person aggrieved by a final order issued by the General
Manager, may obtain review of the order of the General Manager in
the superior court, pursuant to Government Code Section 54740.6,
by filing in the court a petition for writ of mandate within thirty (30)
days following the service of a copy of the decision or order issued
by the General Manager.
11. Payment of any order setting administrative civil penalties shall be
made within thirty(30)days of the date the order becomes final. The
amount of any administrative civil penalties imposed which have
remained delinquent for a period of sixty (60) days shall constitute a
lien against the real property of the Discharger from which the
discharge resulting in the imposition of the civil penalty originated.
The lien shall have no effect until recorded with the county recorder.
OCSD may record the lien for any unpaid administrative civil
penalties on the ninety-first (91st) day following the date the order
becomes final.
12. No administrative civil penalties shall be recoverable under Section
616.D for any violation for which OCSD has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
617. CRIMINAL PENALTIES
Any Person who violates any provision of this Ordinance is guilty of a misdemeanor,which
upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not
more than thirty (30) days, or both. Each violation and each day in which a violation
occurs may constitute a new and separate violation of this Ordinance and shall be subject
to the penalties contained herein.
618. APPEALS TO GENERAL MANAGER
A. General
Any User, permit applicant, or Permittee affected by any decision, action or
determination made by the Division Head may file with the General
Manager a written request for an appeal hearing. The request must be
received by OCSD within fifteen (15) days of mailing of notice of the
decision, action, or determination of OCSD to the appellant. The request
OCSD-XX-86
for hearing shall set forth in detail all facts supporting the appellant's
request. Filing of an appeal shall stay the proceedings and furtherance of
the action being appealed
B. Notice
The General Manager shall, within fifteen (15)days of receiving the request
for appeal, and pursuant to Section 107, designate a Department Head or
other person to hear the appeal and provide written notice to the appellant
of the hearing date, time and place via personal delivery, mail with proof of
delivery, or a similar method. The hearing date shall not be more than thirty
(30) days from the delivery date of such notice to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within said
time due to actions or inactions of the appellant, then the staff decision shall
be deemed final.
C. Hearing
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the Division Head's decision,
action or determination. The hearing shall be conducted in accordance with
procedures established by the General Manager and approved by OCSD's
General Counsel.
D. Written Determination
After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting forth
a brief statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation whether to uphold, modify
or reverse the Division Head's original decision, action or determination.
Upon receipt of the written report, the General Manager shall make his/her
determination and shall issue his/her decision and order within thirty (30)
calendar days of the hearing by his/her designee. Upon issuance, the order
of the General Manager shall be final in all respects. The written decision
and order of the General Manager shall be sent via personal delivery, mail
with proof of delivery, or a similar method to the appellant or its legal
counsel/representative at the appellant's business address.
619. PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty five (45) days after date of
invoice.
OCSD-XX-87
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty six(46)days after date of invoice, a basic penalty of ten percent
(10%) of the base invoice amount, not to exceed a maximum of
$1,000.00; and
2. A penalty of one and one-half percent (1.5%) per month of the base
invoice amount and basic penalty shall accrue from and after the
forty-sixth (46th) day after date of invoice.
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate suspension of the permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed.
E. Payment of disputed charges is still required by the due date during OCSD
review of any appeal submitted by Permittees.
620. COLLECTION OF DELINQUENT ACCOUNTS
Collection of delinquent accounts shall be in accordance with OCSD's policy resolution
establishing procedures for collection of delinquent obligations owed to OCSD, as
amended from time to time by the Board of Directors. Any such action for collection may
include an application for an injunction to prevent repeated and recurring violations of this
Ordinance.
621. APPEAL OF CHARGES AND FEES
Except for non-compliance charges and penalties, any User, permit applicant, or
Permittee affected by any decision, action, or determination by OCSD, relating to fiscal
issues of OCSD in which the User, applicant, or Permittee is located, including but not
limited to the imposition and collection of fees, such as capital facility capacity charges,
sewer use charges, special purpose discharge use charges and Wastehauler fees, may
request that OCSD reconsider imposition of such fees or charges. Following review of
such a request, OCSD shall notify the User, permit applicant, or Permittee via personal
delivery mail with proof of delivery, or a similar method of OCSD's decision on the
reconsideration request. Any User, permit applicant, or Permittee adversely affected by
OCSD's decision on the reconsideration request may file an appeal which shall be heard
by the Board of Directors. The notice of appeal must be received by OCSD within thirty
(30) days of the mailing of OCSD's decision on the reconsideration request.
622. RECOVERY OF COSTS INCURRED BY OCSD
In the event any User, permit applicant, or permittee fails to comply with any of the terms
OCSD-XX-88
and conditions of this Ordinance, a probationary order, an order of permit suspension or
revocation, an ECSA, a RCSA, a certification, or a permit issued hereunder, OCSD shall
be entitled to reasonable attorney's fees and costs which may be incurred in order to
enforce any of said terms and conditions, with or without filing proceedings in court.
623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Compliance Deposit
Permittees that have been subject to enforcement and/or collection
proceedings may be required to deposit with OCSD an amount determined
by the General Manager as necessary to guarantee payment to OCSD of
all charges, fees, penalties, costs and expenses that may be incurred in the
future, before permission is granted for further discharge to the sewer.
B. Delinquent Accounts
OCSD may require an amendment to the permit of any Permittee who fails
to make payment in full of all fees and charges assessed by OCSD,
including reconciliation amounts, delinquency penalties, and other costs or
fees incurred by Permittee.
C. Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging
its financial debts or obligations or seeking court ordered, protection from
its creditors, shall, within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its permit.
D. Permit Amendments
OCSD shall review and examine Permittee's account to determine whether
previously incurred fees and charges have been paid in accordance with
time requirements prescribed by this Ordinance. OCSD may thereafter
issue an amendment to the User's permit in accordance with the provisions
of Article 3 and subsection E below.
E. Security
An amendment to a Wastewater discharge permit issued pursuant to
subdivisions (B), (C)and (D)above, may be conditioned upon the Permittee
depositing financial security in an amount equal to the average total fees
and charges for two (2) calendar quarters during the preceding year. Said
deposit shall be used to guarantee payment of all fees and charges incurred
for future services and facilities furnished by OCSD and shall not be used
OCSD-XX-89
by OCSD to recover outstanding fees and charges incurred prior to the
Permittee filing and receiving protection from creditors in the United States
Bankruptcy Court.
F. Return of Security
In the event the Permittee makes payment in full within the time prescribed
by this Ordinance of all fees and charges incurred over a period of two (2)
years following the issuance of an amendment to the permit pursuant to
subdivisions (B), (C) and (D), OCSD shall either return the security deposit
posted by the Permittee or credit their account.
624. JUDICIAL REVIEW
A. Purpose and Effect
Pursuantto Section 1094.6 of the California Code of Civil Procedure, OCSD
hereby enacts this part to limit to ninety (90) days following final decisions
in adjudicatory administrative hearings the time within which an action can
be brought to review such decisions by means of administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1. Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking, suspending,
or denying an application for a permit.
2. Complete Record shall mean and include the transcript, if any exists,
of the proceedings, all pleadings, all notices and orders, any
proposed decision by the General Manager, the final decision, all
admitted exhibits, all rejected exhibits in the possession of OCSD or
its offices or agents, all written evidence, and any other papers in the
case.
3. Party shall mean a Person whose permit has been denied,
suspended, or revoked.
C. Time Limit for Judicial Review
Judicial review of any decision of OCSD or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition
for writ of mandate is filed not later than the ninetieth (90th) day following
the date on which the decision becomes final. If there is no provision for
OCSD-XX-90
reconsideration in the procedures governing the proceedings or if the date
is not otherwise specified, the decision is final on the date it is made. If
there is provision for reconsideration, the decision is final upon the
expiration of the period during which such reconsideration can be sought;
provided that if reconsideration is sought pursuant to such provision the
decision is final for the purposes of this Section on the date that
reconsideration is rejected.
D. Preparation of the Record
The complete record of the proceedings shall be prepared by the OCSD
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. OCSD may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
E. Extension
If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th)day following the date on which
the record is either personally delivered or mailed to the petitioner or the
petitioner's attorney of record.
F. Notice
In making a final decision, OCSD shall provide notice to the party that the
time within which judicial review must be sought is governed by Section
1094.6 of the Code of Civil Procedure.
G. Administrative Civil Penalties
Notwithstanding the provisions in this Section, and pursuant to Government
Code Section 54740.6, judicial review of an order of the General Manager
imposing administrative civil penalties pursuant to Section 616.D may be
made only if the petition for writ of mandate is filed not later than the thirtieth
(30th) day following the day on which the order of the General Manager
becomes final.
OCSD-XX-91
ARTICLE 7. SEWER SERVICE CHARGES —CAPITAL FACILITY CAPACITY
CHARGES
701. SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD's
Sewerage System, shall pay a sanitary sewer service charge in an amount adopted by
the Board of Directors by separate Ordinance.
702. CAPITAL FACILITIES CAPACITY CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD's
Sewerage System, shall pay a capital facilities capacity charge in an amount adopted by
the Board of Directors by separate Ordinance.
OCSD-XX-92
ARTICLE 8. SEVERABILITY
801. SEVERABILITY
If any provision of these Regulations or the application to any circumstances is held
invalid, the remainder of the regulations or the application of such provision to other
persons or other circumstances shall not be affected.
802. GENERAL APPLICATION
The provisions of this Ordinance shall apply to all properties within OCSD including those
properties otherwise deemed exempt from payment of taxes or assessments by
provisions of the state Constitution or statute, including properties owned by other public
agencies or tax-exempt organizations.
Section II: This Ordinance is enacted in order to preserve the public health and
safety, and in order to continue the provision of sewer services by
OCSD. The facts requiring the public health and safety to be
preserved are that the regulation of the discharge of industrial and
sanitary Sewage is regulated by federal and state law, and protection
of individuals' health and the environment require that no discharges
of untreated Sewage/Wastewater are allowed to occur that are not
in accord with technical specifications and requirements.
Section III: Effective Date. This Ordinance shall take effect April 1, 2016.
Section IV: Repeal. Ordinance No. OCSD-39 is hereby repealed.
Section V: The Clerk of the Board shall certify to the adoption of this Ordinance
and shall cause a summary to be published in a newspaper of
general circulation as required by law.
PASSED AND ADOPTED by the Board of Directors of the Orange County Sanitation
District at a Regular Meeting held the_day of 2016.
John Nielsen
Chair, Board of Directors
Orange County Sanitation District
OCSD-XX-93
ATTEST:
Kelly A. Lore
Clerk of the Board
Orange County Sanitation District
Bradley R. Hogin,
General Counsel
OCSD-XX-94
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation
District, do hereby certify that the above and foregoing Ordinance No. OCSD-XX was
introduced for first reading at a regular meeting of said Board on the day of
, 2016, and passed and adopted at a regular meeting of said Board on the
day of 2016, by the following vote, to wit:
AYES: xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx,
xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx,
NOES: xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx,
ABSTENTIONS: xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx,
ABSENT: xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx, xxxxx,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this day of , 2016.
Kelly A. Lore
Clerk of the Board
Orange County Sanitation District
OCSD-XX-95
ORANGE COUNTY SANITATION DISTRICT
Agenda
Terminology Glossary
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos — The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOO is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
AQMD Air Quality Management District
ASCE American Society of Civil Engineers
BOD Biochemical Oxygen Demand
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
CRWQCB California Regional Water Quality Control Board
CWA Clean Water Act
CWEA California Water Environment Association
EIR Environmental Impact Report
EMT Executive Management Team
EPA U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control Plan
LOS Level of Service
MGD Million gallons per day
NACWA National Association of Clean Water Agencies
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
O&M Operations and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
PCSA Professional Consultant Services Agreement
POTW Publicly Owned Treatment Works
ppm Parts per million
PSA Professional Services Agreement
RFP Request For Proposal
Glossary of Terms and Abbreviations
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAW PA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
Activated-sludge process — A secondary biological wastewater treatment process where bacteria
reproduce at a high rate with the introduction of excess air or oxygen, and consume dissolved
nutrients in the wastewater.
Benthos — The community of organisms, such as sea stars, worms and shrimp, which live on, in, or
near the seabed, also know as the benthic zone.
Biochemical Oxygen Demand (BOD)—The amount of oxygen used when organic matter undergoes
decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in
water.
Biosolids — Biosolids are nutrient rich organic and highly treated solid materials produced by the
wastewater treatment process. This high-quality product can be recycled as a soil amendment on
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Glossary of Terms and Abbreviations
Certificate of Participation (COP) -A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Contaminants of Potential Concern (CPC) - Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) - the dilution at which the majority of the people detect the odor
becomes the D(f for that air sample.
Greenhouse gases - In the order of relative abundance water vapor, carbon dioxide, methane,
nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse
effect").
Groundwater Replenishment (GWR) System - A joint water reclamation project that proactively
responds to Southern California's current and future water needs. This joint project between the
Orange County Water District and the Orange County Sanitation District provides 70 million gallons a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)-Goals to support environmental and public expectations for performance.
NOMA- N-Nitrosodimethylamine is an N-nitrosoamine suspected cancer-causing agent. It has been
found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide
with extra ultra-violet treatment.
National Biosolids Partnership (NBP) - An alliance of the National Association of Clean Water
Agencies (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume-A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)- Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line - A regional brine line designed to convey 30 million
gallons per day (MGD) of non-reclaimable wastewater from the upper Santa Ana River basin to the
ocean for disposal, after treatment.
Sanitary sewer - Separate sewer systems specifically for the carrying of domestic and industrial
wastewater. Combined sewers carry both wastewater and urban run-off.
South Coast Air Quality Management District (SCAQMD) - Regional regulatory agency that
develops plans and regulations designed to achieve public health standards by reducing emissions
from business and industry.
Secondary treatment - Biological wastewater treatment, particularly the activated-sludge process,
where bacteria and other microorganisms consume dissolved nutrients in wastewater.
Sludge - Untreated solid material created by the treatment of wastewater.
Total suspended solids (TSS)-The amount of solids floating and in suspension in wastewater.
Glossary of Terms and Abbreviations
Trickling filter — A biological secondary treatment process in which bacteria and other
microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in
wastewater as it trickles over them.
Urban runoff — Water from city streets and domestic properties that carry pollutants into the storm
drains, rivers, lakes, and oceans.
Wastewater—Any water that enters the sanitary sewer.
Watershed —A land area from which water drains to a particular water body. OCSD's service area is
in the Santa Ana River Watershed.