HomeMy WebLinkAbout11-07-2018 Operations Committee Meeting Agenda Packet - Supplemental Agenda.pdfOrange County Sanitation District Regular Meeting of the OPERATIONS COMMITTEE
Wednesday, November 7, 2018 5:00 P.M. Administration Building
Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433
SUPPLEMENTAL
AGENDA
A revised Site Access and License Agreement including a new Exhibit “C” were received from legal counsel after the publication of the Operations Committee meeting agenda. There is no change to staff’s recommendation.
4. CITY OF SEAL BEACH ADOLFO LOPEZ PUMP STATION ODOR CONTROL FACILITY (Ed Torres)
RECOMMENDATION: Approve a Site Access and License Agreement with the City of Seal Beach to construct an odor control chemical dosing station for the injection of chemicals into the Knott Interceptor at 1776 Adolfo Lopez Drive, in a form approved by General Counsel.
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing Supplemental Agenda was posted outside the main gate of the Districts’ Administration Building located at 10844 Ellis Avenue, Fountain Valley, California not less than 72 hours prior to the meeting. Dated this 1st day of November 2018.
Kelly A. Lore, MMC Clerk of the Board
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SITE ACCESS AND LICENSE AGREEMENT (Adolfo Lopez Pump Station)
This Site Access and License Agreement dated ____________________, 2018
(“Effective Date”), is entered into by and between the Orange County Sanitation District
(“OCSD”), and City of Seal Beach (“CSB”). OCSD and CSB are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as “Parties.” This Site Access and License Agreement is sometimes hereinafter referred to as “License Agreement” or “Agreement.”
A. OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, and is responsible for safely
collecting, treating, and disposing of wastewater generated by more than 2.5 million people
living and working in Orange County; and
B. CSB is a charter city duly organized and operating under the laws of the State of California which operates a sanitation district that is responsible for residential trash
collection and transmittal to a recycling facility for recycling and disposal. The CSB also
provides liquid waste collection and transmission to OCSD facilities for treatment and disposal; and
C. CSB owns and operates the Adolfo Lopez Pump Station, the real property
being located at 1776 Adolfo Lopez Drive, Seal Beach, CA 90740, City’s Maintenance
Yard, commonly known as the Adolfo Lopez Pump Station (collectively the “Property”) and depicted on the site map and project area attached hereto as Exhibit “A;” and
D. OCSD previously conducted a demonstration study at the Property to
evaluate the effectiveness of utilizing calcium nitrate added to wastewater to reduce odor
and corrosion in wastewater by utilizing the Adolfo Lopez Pump Station; and
E. Based on the results of this demonstration study, OCSD desires to use the Property as an odor treatment facility (“Facility”) as described in Exhibit “C”; and
F. As a reflection of its shared interest in treating sewage for the benefit of the public’s health, safety, and welfare, CSB intends to allow OCSD access to the Property.
NOW, THEREFORE, in consideration of the mutual obligations, representations, and
promises contained in this Site Access and License Agreement, OCSD and CSB hereby
agree as follows:
1. Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this
Agreement acknowledges and agrees that they are bound by the same.
2. Grant of Revocable License/Site Access.
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A. License. CSB hereby grants OCSD (and its consultants, contractors,
subcontractors, and/or agents (“Authorized Personnel”) a revocable license to use, access and enter upon the portion of the Property depicted in Exhibit "A", for the purpose of establishing, operating, and maintaining the Facility, as may be reasonably necessary or convenient for OCSD’s wastewater odor control
program. This Agreement is intended and shall be construed as a non-
exclusive license to enter upon, install, operate and maintain the Facility at the Property, and not as a grant of easement or other interest in the Property. Except as expressly set forth herein, no other rights are created by this Agreement.
B. The Facility. As used in this Agreement, the Facility, which is described in further detail in Exhibit “C,” includes one tank, a chemical dosing enclosure, and a conduit that will carry odor control chemicals from the tank to the existing wet well at the Property. OCSD will install the conduit through the
Manhole and into the sewer line to transport ferrous chloride and/or calcium
nitrate and/or magnesium hydroxide for delivery within OCSD's lines downstream of the Property.
3. Term. This Agreement will commence as of the Effective Date and remain in
effect for a term of ten years, unless sooner terminated by either Party in
accordance with Section 14 of this License Agreement.
4. Equipment. OCSD may bring onto the Property and install such equipment or machinery as may be reasonably necessary or convenient to conduct the
intended odor control measures.
5. Reservation of Rights/Mutual Non-Interference. During the term of this Agreement, the Parties will jointly use the Property, and in doing so intend to avoid interfering with the use, operation, and maintenance of the other Party’s
facilities, except as specifically set forth in this Agreement.
A. Reservation of Rights. As provided in Recitals B and C, CSB owns and operates its Maintenance Yard and Adolfo Lopez Pump Station on the Property. At all times, CSB’s operations of the Maintenance Yard and Adolfo
Lopez Pump Station are and shall remain the primary activities upon the
Property. During the term of this Agreement, CSB reserves the right to use, and to allow others to use, the Property for its Maintenance Yard and Adolfo Lopez Pump Station, and for any and all lawful municipal and other governmental purposes in addition to, but not limited to, any of CSB’s
operations, together with incidental rights of construction and installation of
facilities, ingress and egress, and operation and maintenance. CSB further reserves the right to take any actions on the Property, or to cause any third parties to take any actions on the Property, that CSB deems reasonably necessary, in its sole discretion, to carry out any municipal and/or other
governmental functions and/or to allow any other lawful governmental
purposes, and to repair, maintain, alter, or improve its facilities and/or the Property for such other municipal and/or other governmental purposes. CSB’s exercise of the rights reserved herein shall not be deemed inconsistent with
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OCSD’s use of the Property pursuant to this Agreement or constitute
interference with the Facility or the license granted pursuant to this Agreement.
B. Noninterference by OCSD. Except as detailed on the attached Exhibits “B”
and “C” and subject to CSB’s reservation of rights pursuant to Subsection A,
OCSD shall not interfere with CSB’s operations at the Property, as described in Subsection A. OCSD shall give CSB at least two business days’ notice prior to entering the Property for regular maintenance, or provide a schedule of regular maintenance that would eliminate the need for additional notice. In the
event of an emergency, OCSD will provide CSB with as much notice as
possible prior to entering the Property.
C. Noninterference by CSB. Subject to CSB’s reservation of rights pursuant to Subsection A, or upon the express written consent of OCSD, CSB shall not (i)
tamper with, alter, or damage the Facility or interfere with or obstruct OCSD’s
activities with respect to the Facility performed in accordance with the terms of this Agreement; or (ii) cause or permit interference or obstruction of the Facility by CSB’s lessees, licensees, or agents to the extent within CSB’s reasonable control. To the extent reasonably feasible, CSB will give OCSD at
least two business days’ notice prior to any action that would interfere with the
operation of the Facility and will reasonably cooperate with OCSD to carry out such activities with a minimum amount of interference with the Facility.
6. Indemnity. OCSD acknowledges that CSB would not have entered into this
Agreement in the absence of the commitment of OCSD to indemnify and protect
CSB and the Indemnitees, as set forth in this Agreement.
A. Indemnity for Design Professional Services and Other Professional Services. To the fullest extent permitted by law, OCSD shall, at its sole
cost and expense, indemnify and hold harmless CSB, its elected
officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those CSB agents serving as independent contractors in the role of CSB officials (collectively “Indemnitees” in this Section 6), from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments,
penalties, liens, and losses of any nature whatsoever, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys’ fees and costs of defense (collectively “Claims”), whether actual, alleged or threatened, which
arise out of, pertain to, or relate to, in whole or in part, the negligence,
recklessness or willful misconduct of OCSD, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that OCSD shall bear the legal liability thereof) in the performance of design
professional services under this Agreement by a “design professional,”
as the term is defined under California Civil Code § 2782.8(c), or in the performance of other professional services under this Agreement. Any Claims arising out of design professional services shall be on a
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reimbursement basis. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to OCSD exceed OCSD’s proportionate percentage of fault.
B. Other Indemnities. Other than in the performance of professional
services, and to the fullest extent permitted by law, OCSD shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
judgments, penalties, liens and losses of any nature whatsoever,
including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Damages”), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the
acts or omissions of OCSD, its officers, agents, servants, employees,
subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that OCSD shall bear the legal liability thereof) in the performance of this Agreement except for Damages arising from the negligence or willful
misconduct of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the Parties. OCSD shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs
actually incurred in connection with such defense. OCSD shall
reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith, unless it is determined by final arbitration, court decision, or agreement of the Parties that Indemnitees are solely responsible for the Damages.
C. Subcontractor Indemnification. OCSD shall obtain executed indemnity agreements with provisions identical to those in this Section 6 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of OCSD in the performance of this Agreement. If
OCSD fails to obtain such indemnities, OCSD shall be fully responsible
and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of OCSD’s subcontractor, its officers,
agents, servants, employees, subcontractors, materialmen, contractors
or their officers, agents, servants or employees (or any entity or individual that OCSD’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, except for Claims or Damages arising from the negligence or willful misconduct of the
Indemnitees, as determined by final arbitration or court decision or by
the agreement of the Parties.
D. The obligations of OCSD under this or any other provision of this
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Agreement shall not be limited by the provisions of any workers’
compensation act or similar act. OCSD expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. OCSD’s indemnity obligation set forth in this Section 6 shall not be limited by the limits of any policies of insurance required or provided by OCSD
pursuant to this Agreement.
E. OCSD’s and CSB’s covenants under this Section 6 shall survive the expiration or termination of this Agreement.
7. Restoring Condition of Property. OCSD shall maintain the Facility in an orderly
manner while they are located on the Property, and shall remove all debris, trash, equipment, and other materials used by OCSD immediately upon completion of installation of Facility and/or regular maintenance efforts. Additionally, OCSD shall, to the extent feasible, at the completion of each day’s work, restore the
Property to as close to the same condition as it existed at the commencement of
that day. Upon expiration or termination of this Agreement, OCSD shall, to the extent feasible, restore the Property to as close to its original condition as it existed prior to installation of the Facility on the Property.
8. Original Condition of Property. CSB makes no warranty as to the fitness of the
Property for the purposes intended by OCSD or for any purpose whatsoever. CSB, to the best of its knowledge, is not aware of any hazardous materials or environmental contamination on the Property. OCSD accepts the Property conditions as they may exist from time to time without any representation or
warranty from CSB, and without any duty of CSB to warn of any conditions.
Accordingly, OCSD assumes all risks associated with its entry and presence on the Property and installation and operation of the Facility pursuant to this Agreement.
9. Preparatory Activities and Environmental Compliance. OCSD shall determine the presence or absence of underground utilities and structures prior to conducting subsurface work at the Property, and shall perform all other relevant preparatory work. OCSD shall provide appropriate notification to, and obtain all required
permits from, applicable regulatory authorities prior to conducting work at the
Property. In accordance with CEQA, OCSD has prepared and certified a 2002 Supplemental Environmental Impact Report for the Final Effluent Pump Station Annex and Collection System Odor & Corrosion Control Program (SCH No. 1997101065) (“SEIR”), and the 2018 Addendum to the SEIR (“2018 Addendum”)
to address environmental impacts of the Facility and its operations at the
Property. A copy of the 2018 Addendum is attached hereto as Exhibit B. Any California Environmental Quality Act (CEQA) requirements will be fully satisfied by the Parties prior to any mobilization, installation and commissioning of the Facility. During the term of this Agreement, OCSD shall install, maintain and
operate the Facility, and conduct of all its activities with reference to the Facility,
in accordance with all CEQA requirements, including but not limited to all applicable mitigation measures contained in the SEIR and the 2018 Addendum
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thereto and all other provisions of applicable federal and state law.
10. OCSD Promise to Pay – Utilities. CSB will bill OCSD for electricity and water annually under the applicable Tariff. OCSD agrees to reimburse CSB for the actual costs of water, electricity, and other utility services, if any, as used by
OCSD. The Parties agree that rates and charges billed to OCSD shall not exceed
those that would apply if OCSD were purchasing such utilities directly from SCE and the City of Seal Beach. OCSD shall pay such charges to CSB within 30 days of OCSD's receipt of each annual bill thereof.
11. Transportation/Traffic. Except in cases of emergencies, chemical deliveries at
the Adolfo Lopez Pump Station shall only occur Monday through Friday between the hours of 7:30 a.m. and 4:30 p.m. Chemical deliveries will require approximately one to two truck trips per week. OCSD staff and delivery contractors shall have full access to the tank during these times to complete
chemical deliveries. The delivery of the chemicals and other activities of OCSD
shall not cause traffic along the public streets adjacent to the Property, interfere with access along, to or within the Property, or create lane closures, or result in noise that exceeds City noise levels for activities at the Property.
12. Cost. Any OCSD work performed at, near, beneath, or related to the Facility will
be at the sole cost and expense of OCSD. OCSD shall keep the Property free and clear of all liens in any way related to the operation of OCSD’s Facility.
13. Insurance. OCSD shall at all times during the term of this License Agreement
maintain at its own expense insurance of the types and amounts indicated below.
Such insurance shall be in the form and substance satisfactory to CSB, shall be issued by carriers which are authorized to do business in California, and shall be maintained until the term of this License Agreement is ended. OCSD shall cause CSB to be named as an additional insured on each contractor and
subcontractor’s Comprehensive General Liability insurance policy.
A. General Liability. $2,000,000 per occurrence for bodily injury, personal injury, and property damage and $4,000,000 aggregate for bodily injury, personal injury, and property damage.
B. Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles.
C. Workers’ Compensation. Workers’ Compensation, in accordance with
the Workers’ Compensation Act of the State of California for a minimum of $1,000,000 or such minimum limits as required by the State, whichever is greater.
D. Pollution and Environmental Liability. Pollution and environmental
liability, including claims arising from the discharge, dispersal release or escape of any irritant or contaminant into or upon the land, any structure, or watercourse, for a minimum of $5,000,000 for any single
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event.
E. Consultant and Contractor Liability. All consultants, contractors and subcontractors shall be required to provide the same insurance as required of OCSD herein. OCSD shall be responsible for collecting
and maintaining all insurance from contractors and subcontractors.
OCSD shall ensure that all insurance received from all contractors, subcontractors, and consultants meets and/or exceeds the requirements of the contract as approved by CSB.
F. Self-Insure. OCSD may self-insure against any of the risks and
liabilities described in this section. If OCSD elects to self-insure, OCSD shall, upon written request from CSB, provide CSB with certificates of insurance and letters of self-insurance describing the insurance and self-insurance carried by OCSD that apply to this
Facility.
G. The general liability, pollution and environmental liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i. CSB, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of CSB officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf
of OCSD; products and completed operations of OCSD; premises
owned, occupied or used by OCSD; or automobiles owned, leased, hired or borrowed by OCSD. The coverage described above in this paragraph shall contain no limitations on the scope of protection afforded to CSB, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role
of CSB officials which are not also limitations applicable to the named insured.
ii. For any claims arising from OCSD’s acts or omissions under this
License Agreement, OCSD’s insurance coverage shall be primary
insurance as respects CSB, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of CSB officials. Any insurance or self-insurance maintained by CSB, its officers, officials, employees,
designated volunteers or agents serving as independent contractors
in the role of CSB officials shall be excess of OCSD’s insurance and shall not contribute with it.
iii. OCSD’s insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the
limits of the insurer’s liability.
iv. Each insurance policy, except for the professional liability policy,
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required by this clause shall expressly waive the insurer’s right of
subrogation against CSB and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CSB officials.
v. In the event that any coverage is cancelled, OCSD shall provide
written notice by first-class mail to CSB within 30 days of such cancellation, or within 10 days by express overnight mail if cancellation is due to nonpayment of premiums.
H. Acceptability of Insurers. Insurance is to be placed with CSAC EIA or
insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by CSB’s Risk Manager. This provision shall not apply if OCSD elects to self-insure against any of the liabilities described in this License Agreement.
I. Verification of Coverage. Prior to OCSD’s commencement of any work or services under this Agreement, OCSD shall provide CSB with complete copies of all required insurance policies, including endorsements affecting the coverage required by these specifications,
and all “Waiver of Transfer Rights of Recovery Against Others To Us”
endorsement forms in favor of CSB. OCSD shall further provide CSB with certified copies of all additional insured endorsements naming the CSB as an additional insured, and all “Waiver of Transfer Rights of Recovery Against Others To Us” endorsement forms in favor of CSB
prior to the commencement of any services under this License
Agreement.
14. Termination.
A. Termination by CSB.
i. This Agreement may be terminated by CSB, without cause, upon sixty (60) days’ written notice to OCSD, or, with reasonable cause or when necessary to protect the public health, safety and welfare,
immediately upon written notice.
ii. This Agreement may be terminated by CSB upon ten (10) days’ notice to OCSD if OCSD fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability
insurance as required by this License Agreement.
B. Termination by OCSD.
i. This Agreement may be terminated by OCSD, without cause, upon
sixty (60) days’ written notice to CSB, or, based on reasonable
cause, upon giving CSB written notice thereof not less than ten (10) days prior to the date of termination. Notice of termination shall be given in accordance with Section 16 of this Agreement.
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15. Attorneys’ Fees. If either of the Parties is required to engage an attorney or institute an action in order to enforce any of the provisions of this License Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and court costs which may be incurred.
16. Notices. All notices or other communications required or permitted here under shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by recognized overnight courier and shall be deemed received upon the earlier of:
(i) the date of delivery to the address of the person to receive such notice if
delivered personally or by messenger or overnight courier; or (ii) three (3) business days after the date of posting by the United States Post Office if by mail. Notices or other communications shall be addressed as follows:
To District: Orange County Sanitation District
Post Office Box 8127 Fountain Valley, CA 92728-8127 Attention: James D. Herberg, General Manager
To CSB: City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740 Attention: Jill R. Ingram, City Manager
17. Venue. In the event of a dispute regarding performance or interpretation of this
Agreement, the venue for any action to enforce or interpret this Agreement shall
lie in the Superior Court of California for Orange County.
18. No Third Party Beneficiaries. This Agreement is entered into by and for OCSD and CSB, and nothing herein is intended to establish rights or interests in individuals or
entities not a party hereto. This Agreement is binding upon the Parties and their
respective successors, representatives, heirs, and assigns. OCSD shall not assign this Agreement nor any rights hereunder without the prior written consent of CSB, which may be given or withheld in CSB’s reasonable discretion.
19. Force Majeure. Except for the payment of money, neither Party shall be liable for
any delays or other nonperformance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, Act of God, strike or labor dispute, war or other violence, acts of third-parties, or any law, order, or requirement of any governmental agency or authority.
20. Governing Law. This Agreement shall be governed by the laws of the State of California.
21. Entire Agreement. This Agreement constitutes the entire understanding and
agreement between the Parties and supersedes all previous negotiations and
agreements between the Parties pertaining to the subject matter hereof.
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22. Waiver. A waiver of a breach of the covenants, conditions or obligations under this
Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement.
23. Amendments. This Agreement may be modified or amended only by a written
document executed by both OCSD and CSB.
24. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
25. Agreement Execution and Authorization. Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity on whose behalf they are executing this Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, this Site Access and License Agreement has been
executed in the name of the Orange County Sanitation District by its officers, thereunto duly authorized, and executed by the City of Seal Beach as of this _____ day of ______________, 2018.
ORANGE COUNTY SANITATION DISTRICT
By_________________________________
Greg Sebourn Chair, Board of Directors
By_________________________________
Kelly Lore Clerk of the Board
APPROVED AS TO FORM:
_________________________________ Bradley R. Hogin General Counsel
City of Seal Beach
By_________________________________
Name: Jill R. Ingram Title: City Manager
Attest:
By: Robin L. Roberts, City Clerk
APPROVED AS TO FORM:
By: Craig A. Steele, City Attorney
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EXHIBIT “A”
Figure 1: Detail aerial view plan of Adolfo Lopez Pump Station Facility with chemical dosing lines
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Figure 2: Adolfo Lopez Pump Station view from Adolfo Lopez Drive
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Figure 3: Plan view of Adolfo Lopez Pump Station
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Figure 4: Detail plan view of Adolfo Lopez Pump Station with chemical discharge and slip line
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EXHIBIT “B”
ADDENDUM NO. 4 TO THE
ORANGE COUNTY SANITATION DISTRICT’S
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE
FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM ODOR &
CORROSION CONTROL PROGRAM
STATE CLEARINGHOUSE NO.:1997101065
LEAD AGENCY:Orange County Sanitation District
DATE:April 4, 2018
PURPOSE OF ADDENDUM:
In November 2002, the Orange County Sanitation District (“Sanitation District”) Board of Directors
certified the Final Supplemental Environmental Impact Report (“SEIR”) for the Final Effluent Pump
Station Annex and Collection System Odor & Corrosion Control Program (SCH No. 1997101065).
The SEIR supplemented the Program Environmental Impact Report (“PEIR”) for the Sanitation
District’s 1999 Strategic Plan, which was certified in October 1999. (SCH No. 97101065). The 1999
Strategic Plan called for OCSD to begin testing various equipment and techniques to control odors
in the Sanitation District’s service area. This testing and evaluation proved successful and
ultimately led the Sanitation District to install several continuous feed systems in certain locations
as part of the Odor and Corrosion Control Program (“Odor Control Program”). The SEIR analyzed
the environmental impacts of existing continuous feed systems throughout the Sanitation District’s
service area and predicted that additional feed systems would be built as appropriate locations
were identified.
This addendum, prepared in accordance with the California Environmental Quality Act (CEQA)
(Public Resources Code Section 21000 et seq.) and its implementing Guidelines (California Code of
Regulations Title 14, Chapter 3, Section 15000 et seq.), addresses the addition of a continuous feed
chemical dosing station as described in the SEIR.
PROJECT DESCRIPTION:
Sanitation District’s collection system generates odorous gases, primarily hydrogen sulfide, which
can be released into the air creating a nuisance to surrounding land uses. To reduce the nuisance,
Sanitation District conducts an odor and corrosion control program for the collection system that
currently consists of applying chemicals in the upper, middle and lower reaches of the trunk sewer
collection system. The application of the various chemicals is applied intermittently to minimize the
hydrogen sulfide production as the wastewater is conveyed from the collection system to
Sanitation District’s treatment plants.
The Sanitation District plans to install a chemical dosing station (the “Station”) to add calcium
nitrate, ferrous chloride, and/or magnesium hydroxide for continuous odor treatment to the Knott
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trunk line at Adolfo Lopez Pump Station in the City of Seal Beach (“City”). The Station will be
located at City’s Maintenance Yard at 1776 Adolfo Lopez Drive, Seal Beach. The pump station is
bounded on the south, north, west and east by City’s Maintenance Yard and is accessed through a
secured gate on Adolfo Lopez Drive.
The Station will include the installation and operation of a 7,800-gallon chemical tank, feed system
equipment, and feed controls. The purpose is to control hydrogen sulfide (H2S) vapor and liquid
levels to OCSD’s level of service (LOS) standards, mitigate odors, and reduce odor complaints.
The chemicals that may be used at the Station include, but are not limited to:
•Calcium nitrate
•Ferrous chloride
•Magnesium hydroxide
ENVIRONMENTAL IMPACT ANALYSIS:
The Sanitation District intends to construct the Station as part of the Sanitation District’s Odor and
Corrosion Control Program (“Odor Control Program”). In 2002, the Sanitation District prepared a
Supplemental Environmental Impact Report (“SEIR”) which evaluated many of the impacts
associated with the Odor Control Program. The purpose and function of chemical dosing stations
are described in Section 2.2 of the SEIR. Environmental impacts associated with the dosing stations
are evaluated in Chapter 3 of the SEIR. The SEIR does not include details about this specific station
as at the time of certification of the SEIR OCSD had not yet identified an appropriate location for a
chemical dosing station in this area. This addendum describes and evaluates the environmental
impacts of installing a chemical dosing station at the Adolfo Lopez Pump Station in the City of Seal
Beach.
Provided below is a review of the conclusions included in the SEIR and an evaluation of the
environmental impacts as they pertain to this specific location.
Aesthetics:
The SEIR concluded that the storage tanks could be visible from adjacent land uses. As such, the
tanks should be installed within city yards, pump stations or private industrial yards and any
additional tank should be installed in a utility yard.
The Adolfo Lopez Pump Station meets the criteria set forth in the SEIR as it is a pump station. The
tank and equipment will be installed behind a fence and out of view to the residences to the extent
possible for the site.
The tank does not result in new significant environmental effects or a substantial increase in the
severity of significant aesthetic effects from those determined in the SEIR.
Air Quality:
The SEIR concluded that the operation of the continuous feed stations would not have a significant
impact to air quality. There will be up to approximately one to two truck deliveries per week, and
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the emissions are not significant. In addition, the chemical dosing would reduce objectionable
odors generated by the collection system, which results in a beneficial impact.
Geology and Soils:
The SEIR concluded that the aboveground storage tanks may be located in close proximity to fault
splays. As such, tank specifications include a double wall tank for second containment to provide
added protection from seismic hazards. The chemical storage tanks are designed to withstand
ground shaking and avoid a potential spill during a seismic event. Therefore, the impacts remain
less than significant.
Hazards and Hazardous Materials:
The SEIR notes that the Odor Control Program would include the transport, storage and use of
diesel fuel and odor reduction chemicals that could pose a spill or leak hazard. However, when
handled properly the chemicals do not pose a significant health risk to the surrounding land uses.
The Sanitation District has implemented an Integrated Emergency Response Program (IERP) that
includes a Spill Prevention Containment and Countermeasure Plan which includes structural
specifications for storage tanks, monitoring, secondary containment capacity requirements, leak
detection and alarms, emergency response procedures, reporting requirements, etc.
The minor changes to this project from the SEIR, which do not create a significant impact, are the
type of chemicals that may be stored at the site. The SEIR mentions calcium nitrate, ferric chloride,
ferrous chloride, sodium nitrate, and magnesium hydroxide as possible dosing chemicals.
Chemicals that may be used at the Adolfo Lopez Pump Station chemical dosing station include, but
are not limited to, ferrous chloride, magnesium hydroxide, and calcium nitrate.
Ferrous chloride is a greenish yellow liquid with a slight odor of iron/acid. It is corrosive but not
flammable. It is listed as a hazardous chemical. The material is stable when handled properly. It is
acidic and corrodes most metals. It can be absorbed into the body by inhalation, ingestion and can
be irritating to the eyes and skin. It may be toxic or fatal if swallowed in sufficient quantity.
Magnesium hydroxide is an odorless white liquid slurry. The product is not flammable or
combustible and poses little health risk. It is not listed as a hazardous chemical. Exposure routes
are through inhalation, ingestion, and skin and/or eye contact.
Calcium nitrate is a clear liquid with no odor. The product is not flammable or combustible. It is not
listed as a hazardous chemical. Exposure routes are through inhalation, ingestion and skin and/or
eye contact.
These chemicals are currently used as part of the normal Odor Control Program. Various chemical
dosing stations throughout the Sanitation District service area safely use these chemicals. Strict
measures are taken to ensure the instructions listed in the Safety Data Sheets are followed and the
chemicals are used as intended. In addition, site access is restricted, the tank is double contained to
hold spills, and appropriate personal protective equipment will be used by those at the tank site to
reduce the risk of exposure.
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The minor deviations from the SEIR described in this section would not result in new significant
environmental effects or a substantial increase in the severity of significant effects related to
hazards and hazardous materials from those identified and evaluated in the SEIR.
Hydrology and Water Quality:
The SEIR concluded that chemicals used in the Odor Control Program could impact water quality if a
spill were to occur. However, the implementation of best management practices (BMPs) and spill
prevention, countermeasure, and control measures (SPCC) would reduce the impact to less than
significant.
Noise:
The Odor Control Program requires the installation of an aboveground chemical storage tank;
Installation is expected to be completed in five (5) days or less and the sources of noise include
truck noise and jackhammering. If chemical suppliers are changed due to periodic re-bidding of the
contract, a new tank and associated equipment would be installed. Noise is expected to be minimal
and of short duration. Pumps are contained in an enclosure to reduce noise level. Approximately
one to two truck trips per week are required for chemical deliveries. The truck trips would not raise
ambient noise in the area significantly and as such would not be considered a significant noise
impact.
Transportation/Traffic:
The chemical deliveries at the Adolfo Lopez Pump Station would occur approximately one to two
truck trips per week. The storage tank is located at the City of Seal Beach City’s Maintenance Yard
and staff have full access to the tank. The delivery of the chemical would not cause traffic, interfere
with access or create lane closures, the existing conditions would remain the same. As such, there is
less than significant impact.
FINDINGS FOR APPROVAL FOR ADDENDUM NO. 4 TO THE SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR THE FINAL EFFLUENT PUMP STATION ANNEX AND COLLECTION SYSTEM
ODOR & CORROSION CONTROL PROGRAM:
1.Environmental impacts of chemical dosing stations throughout the service area were
evaluated in the SEIR certified by the Sanitation District Board of Directors in November
2002. The SEIR envisioned that additional dosing stations would be added in future years
and provided a conservative, worst-case analysis of the potential environmental effects of
these future stations. The SEIR placed certain restrictions on the location of future dosing
stations but otherwise assumed they may be located anywhere within Sanitation District’s
service territory, including near residential areas and sensitive receptors.
2.The Sanitation District’s Odor Control Program assumed that additional dosing stations
would be added in future years. As such, the addition of this Dosing Station does not
constitute a substantial change in the Odor Control Program.
3.This addendum has been prepared to provide minor additions and technical changes to the
SEIR to account for the addition of this Dosing Station.
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4.The project modifications would not result in new significant environmental effects or an
increase in the severity of significant effects from those determined by the SEIR certified by
the Sanitation District Board of Directors in 2002. There have also been no substantial
changes in the circumstances surrounding the project since the preparation of the SEIR
other than the identification of specific locations for dosing stations, which was expected
under the SEIR.
5.No new information of substantial importance has come to light since the preparation of
the SEIR regarding significant effects of the project, the severity of the project’s effects, or
feasible mitigation measures. New information is now available regarding the efficacy of
certain chemicals, but this will not significantly alter the project’s effects or the
infrastructure required for the dosing station.
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EXHIBIT “C”
Statement of Work - Adolfo Lopez Dosing Station
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