HomeMy WebLinkAbout04-10-2019 Administration Committee Agenda04/10/19 Administration Committee Agenda Page 1 of 4
Orange County Sanitation District
Regular Meeting of the ADMINISTRATION COMMITTEE
Wednesday, April 10, 2019 5:00 P.M. Administration Building Board Room
10844 Ellis Avenue Fountain Valley, CA (714) 593-7433
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM: (Clerk of the Board)
PUBLIC COMMENTS: If you wish to address the Committee 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 Any items withdrawn from the Consent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 March 13, 2019 Administration
Committee Meeting.
2.DIGITAL DROPLET POLYMERASE CHAIN REACTION (DDPCR)LABORATORY INSTRUMENT PURCHASE (Lorenzo Tyner)
RECOMMENDATION: Approve a purchase order contract to Bio-Rad for a DigitalDroplet Polymerase Chain Reaction laboratory instrument for Sole Source ControlNumber 2074 in an amount not to exceed $99,990 including tax, freight, and a two-year service contract.
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3.ENTERPRISE CONTENT MANAGEMENT SYSTEM AND RECORDSMANAGEMENT NEEDS ASSESSMENT (Lorenzo Tyner)
RECOMMENDATION:
A.Approve a Professional Consultant Services Agreement to ThirdWave
Corporation to provide Enterprise Content Management System and Records Management Needs Assessment, Specification No. CS-2019-1010BD, for a total amount not to exceed $116,903; and
B. Approve a contingency of $23,380 (20%).
NON-CONSENT:
4.PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS,
ORDINANCE NO. OCSD-XX (Lorenzo Tyner)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Introduce Ordinance No. OCSD-XX, entitled “An Ordinance of the Board of
Directors of the Orange County Sanitation District Amending Wastewater Discharge Regulations; and repealing Ordinance No. OCSD-48” for first reading at the April 24, 2019 Board meeting;
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of
said entire Ordinance on April 24, 2019;
C. Set May 22, 2019, 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.
5.PROPOSED ORDINANCE NO. OCSD-XX AMENDING SECTION 2.06 OFARTICLE II, TABLE A, TABLE B, AND TABLE C OF ORDINANCE NO. OCSD-
50 CONCERNING CAPITAL FACILITY CAPACITY CHARGES (Lorenzo Tyner)
RECOMMENDATION: Recommended to the Board of Directors to:
A. Introduce Ordinance No. OCSD-XX entitled: “An Ordinance of the Board of
Directors of Orange County Sanitation Amending Section 2.06 of Article II
Table A, Table B and Table C of Ordinance No. OCSD-50 Concerning Capital Facility Capacity Charges”;
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of
said entire ordinance on April 24, 2019;
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C. Set May 22, 2019, as the date for the second reading and adoption of the Ordinance No. OCSD-XX; and
D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law.
INFORMATION ITEMS:
6.FY 2019-20 OPERATING BUDGET UPDATE (Lorenzo Tyner)
Staff will provide an update on line-item expenditure details for the FY 2019-20
Operating Budget.
7.STATUS OF 2019-20 PROPERTY-LIABILITY INSURANCE RENEWALS(Celia Chandler)
An annual status update regarding the upcoming annual renewals of the OrangeCounty Sanitation District’s major insurance policies will be presented.
8.CAPITAL IMPROVEMENT PROGRAM PERFORMANCE UPDATE FOR
FY 2018-19 (Kathy Millea)
Each month, staff provides an informational presentation on topics of interest tothe Board of Directors. This month’s topic: Orange County Sanitation DistrictCapital Improvement Program Performance.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
ADJOURNMENT:
The next Regular Meeting Administration Committee meeting is scheduled for May 8, 2019 at 4:00 p.m. to be held at Plant No. 2 in Huntington Beach, CA.
04/10/19 Administration Committee Agenda Page 4 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. Agenda Posting: 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 time 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, MMC Clerk of the Board (714) 593-7433 klore@ocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager James Herberg (714) 593-7300 jherberg@ocsd.com Assistant General Manager Lorenzo Tyner (714) 593-7550 ltyner@ocsd.com Assistant General Manager Rob Thompson (714) 593-7310 rthompson@ocsd.com Director of Environmental Services VACANT Director of Human Resources Celia Chandler (714) 593-7202 cchandler@ocsd.com
03/13/2019 Administration Committee Minutes Page 1 of 4
MINUTES OF THE ADMINISTRATION COMMITTEE
Orange County Sanitation District Wednesday, March 13, 2019 at 5:00 P.M.
A regular meeting of the Administration Committee of the Orange County Sanitation District was called to order by Committee Chairman Wanke on March 13, 2019 at 5:01 p.m. in the Administration Building of the Orange County Sanitation District. Chairman Wanke led the Flag Salute.
A quorum was declared present as follows:
COMMITTEE MEMBERS PRESENT: Chad Wanke, Chairman Richard Murphy, Vice-Chairman
James Ferryman Cecilia Iglesias (Alternate) Peter Kim Mark Murphy Steve Nagel
Andrew Nguyen Glenn Parker Erik Peterson David Shawver, Board Chairman John Withers, Board Vice-Chairman
COMMITTEE MEMBERS ABSENT: Donald P. Wagner
STAFF PRESENT: Jim Herberg, General Manager Lorenzo Tyner, Assistant General Manager
Celia Chandler, Director of Human Resources Kathy Millea, Director of Engineering Tina Knapp, Deputy Clerk of the Board Jon Bradley Jennifer Cabral
Rod Collins Damein Frabizio Al Garcia Laura Maravilla Riaz Moinuddin
Wally Ritchie Thomas Vu
OTHERS PRESENT: Brad Hogin, General Counsel
PUBLIC COMMENTS:
None.
REPORTS:
General Manager Jim Herberg did not provide a report; however, requested that Item No. 2 be pulled from the Consent Calendar to allow staff to provide a brief presentation.
Committee Chair Wanke reminded the Committee to file their Annual Statement of Economic Interests – Form 700 no later than April 1, 2019 and to contact the Clerk of the Board’s office should they have any questions or concerns.
ITEM NO. 1
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CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the February 13, 2019 Administration Committee Meeting. AYES: Kim, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver,
Wanke and Withers NOES: None
ABSTENTIONS: None
ABSENT: Ferryman, Iglesias (Alternate), M. Murphy and Wagner
Alternate Director Cecilia Iglesias arrived at the meeting at 5:03 p.m.
Director Jim Ferryman arrived at the meeting at 5:07 p.m.
Item No. 2 was pulled from the Consent Calendar for separate consideration and vote. 2. INDUSTRIAL HYGIENE SERVICES (Celia Chandler) Director of Human Resources Celia Chandler provided a brief oral presentation on
this item. Ms. Chandler and Safety and Health Supervisor Rod Collins answered specific questions related to costs and qualifications of the selected consultant, Arcadis U.S., Inc., from Director Parker. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to: Approve a Professional Services Agreement for Arcadis U.S., Inc. to provide Industrial Hygiene Services, Specification No. S-2018-1008, for a total amount not to exceed $500,000 for a one-year period beginning May 1, 2019 through April 30, 2020, with four (4) one-year renewal options.
AYES: Ferryman, Iglesias (Alternate), Kim, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Wanke and Withers NOES: None
ABSTENTIONS: None ABSENT: M. Murphy and Wagner NON-CONSENT:
None.
INFORMATION ITEMS: Board Chair David Shawver departed the meeting at 5:12 p.m.
Director Mark Murphy arrived at the meeting at 5:13 p.m.
03/13/2019 Administration Committee Minutes Page 3 of 4
3. ORANGE COUNTY SANITATION DISTRICT OPERATIONS & MAINTENANCE DEPARTMENT PRESENTATION (Rob Thompson)
Each month, staff provides an informational presentation on topics of interest to
the Board of Directors. This month’s topic: Orange County Sanitation District wastewater treatment basics. Chief Plant Operator Jon Bradley delivered an informative PowerPoint
presentation that provided an overview of the water reclamation process, metering
and diversion structure, preliminary treatment, primary treatment, secondary treatment, the effectiveness of water treatment, solids recovery process, dewatering operation, biosolids allocations, central generation engines, and FY 2017-18 Operations Budget.
4. FY 2018-19 AND FY 2019-20 ORANGE COUNTY SANITATION DISTRICT BUDGET UPDATE (Lorenzo Tyner)
Staff will present an update of the Orange County Sanitation District’s Proposed
Fiscal Year 2019-20 Budget. Detail of the Sanitation District’s revenues and reserves will be discussed. Controller Wally Ritchie provided a PowerPoint presentation that reviewed the
revenues and reserves for FY 2019-20, including major revenue categories, the
largest components of revenues, revenue related to user fees, largest industrial users (represents 2% of user fees), property tax revenue, FY 2018-19 reserve policy summary, and reserve criteria summary.
In response to a comment made by Board Vice-Chair John Withers, Assistant
General Manager Lorenzo Tyner indicated that should property tax revenue be discontinued rates may be expected to increase by 30-40%. In response to a questions from Committee Chair Wanke, Mr. Ritchie indicated
that approximately 3% was considered the proper amount of reserves.
DEPARTMENT HEAD REPORTS:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY:
None.
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ADJOURNMENT: Committee Chairman Wanke declared the meeting adjourned at 5:41 p.m. to the next
regularly scheduled meeting of Wednesday, April 10, 2019 at 5:00 p.m.
Submitted by:
_____________________ Tina Knapp, CMC Deputy Clerk of the Board
Page 1 of 2
ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 2 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: DIGITAL DROPLET POLYMERASE CHAIN REACTION (DDPCR)
LABORATORY INSTRUMENT PURCHASE
GENERAL MANAGER'S RECOMMENDATION
Approve a purchase order contract to Bio-Rad for a Digital Droplet Polymerase Chain Reaction laboratory instrument for Sole Source Control Number 2074 in an amount not to exceed $99,990 including tax, freight, and a two-year service contract.
BACKGROUND
The Digital Droplet Polymerase Chain Reaction (ddPCR) laboratory instrument provides rapid, precise, and accurate quantification of microbes. The equipment requested utilizes digital PCR technology that has been shown to be far superior to current PCR methods. In the past Orange County Sanitation District (Sanitation District) used PCR
methodologies during the primary outfall repair to provide rapid information on beach water quality to Orange County Public Health Care Agency (OCHCA), worked with United States Environmental Protection Agency (USEPA) on method development and validation for microbial source tracking, and conducted regional assessments of source pollution identification along Southern California beaches.
The Laboratory, Monitoring, and Compliance (LMC) Division hopes to continue collaborating on research projects that yield important information for OCSD and enhance staff’s technical knowledge/skills. As suggested by USEPA, recreational water quality criteria will ultimately progress to include these types methods. Thus, we believe that
active involvement in studies while augmenting our technical knowledge/skills in new and emerging methods is of importance as these types of methodologies may ultimately become part of legislation for beach monitoring.
RELEVANT STANDARDS
•Protect Orange County Sanitation District assets
•Meet CEQA and NEPA standards
PROBLEM
Molecular methods for environmental monitoring are becoming a critical tool in developing testing methods, procedures, and proposed regulations. Over the past eight years the
Sanitation District has participated in three major projects that utilized these technologies,
at those time the Sanitation District was able to borrow the necessary equipment.
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PROPOSED SOLUTION This purchase will allow the Sanitation District’s laboratory to employ this technology as
needed and not be dependent on the availability of equipment from other agencies.
ADDITIONAL INFORMATION
To our knowledge this technology has been incorporated into four platforms available
(Fluidigm Corporation, Life Technologies, RainDance Technologies, Bio-Rad). This sole
source purchase request is for a QX200 Droplet Digital Polymerase Chain Reaction (ddPCR) system from Bio-Rad digital PCR (dPCR). Although the general concept of dPCR is the same for each platform, Bio-Rad’s ddPCR platform is the only one that does not use microfluidic chips at any stage of the process. Instead, this platform uses oil
emulsification technology for rapid and absolute quantification of genetic materials. Other
digital PCR technologies have multiple disadvantages including poorer limits of detection, less dynamic range, higher upfront instrumentation cost, slower and more complex throughput, higher cost per sample and less intuitive software for data capture and analysis. Over 450 peer reviewed publications are available that cite Bio-Rad ddPCR
technology for applications. Several local agencies including OCHCA and the Sanitation
District have received varying levels of training on the Bio-Rad ddPCR system at SCCWRP. OCHCA, City of San Diego, and City of Los Angeles have chosen Bio-Rad’s QX200 ddPCR system. The Sanitation District is requesting a sole source for this equipment for numerous beneficial reasons, including:
• Bio-Rad’s system has been demonstrated to perform successfully in various matrices, including wastewater and recreational waters, while such studies are lacking with other available platforms,
• Prior training will allow staff to decrease the amount of time needed for training
• Technical support available from local agencies such as SCCWRP and OCHCA,
• Prepare for legislative changes (e.g. USEPA amending recreational water quality
criteria to include molecular methods such as dPCR). CEQA
N/A
FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted in FY 2018/2019 Budget, Capital Equipment,
Section 8 Page 99-100. Project contingency funds will not be used to fund this purchase. ATTACHMENT
N/A
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ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 3 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: ENTERPRISE CONTENT MANAGEMENT SYSTEM AND RECORDS
MANAGEMENT NEEDS ASSESSMENT
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Consultant Services Agreement to ThirdWave Corporation
to provide Enterprise Content Management System and Records Management Needs Assessment, Specification No. CS-2019-1010BD, for a total amount not to exceed $116,903; and
B. Approve a contingency of $23,380 (20%).
BACKGROUND
Orange County Sanitation District (Sanitation District) will be moving to a new administration building which is designed for processes that use less paper. In order to
do that, an electronic content management system certified as a trusted system is required to allow the agency to convert paper records to electronic records and eliminate the paper copy. A trusted system is “a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally
stored,” CA Government Code 12168.7.
The Sanitation District has embarked on an Enterprise Paperless Initiative which includes the implementation of a Trusted System, Electronic Content Management (ECM) system, and Records Management policies and procedures that meet regulatory requirements.
The goal is to have existing systems (including Office 365 – email, OneDrive, SharePoint, Teams, etc.), equipment, resources and business processes evaluated throughout the Sanitation District which will identify current challenges, opportunities and recommendations for our paperless initiative. Through comprehensive interviews and detailed analyses, our objective is to receive an efficient roadmap that results in a
successful implementation of our Trusted System and digital environment within the next three years.
RELEVANT STANDARDS
•Maintain a culture of improving efficiency to reduce the cost to provide the currentservice level or standard
•Comply with Resolution No. OCSD 18-22
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PROBLEM
A needs assessment is the first step towards completing Strategic Goal Initiative 4.1:
Digital Workplace – Complete the next phase of implementing a more efficient digital
workplace by employing a trusted system for maintaining all electronic records created or stored as an official record by 2022. A trusted system will allow us to reduce paper storage space and improve the speed and efficiency of processing documents with faster access based on electronic versions of documents.
PROPOSED SOLUTION Conduct a needs assessment which will identify the current challenges, opportunities and provide a roadmap for the next phase of the project.
TIMING CONCERNS In order to complete the implementation of a trusted system, the needs assessment needs to be completed first.
RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District may not have the most comprehensive information moving forward with Strategic Goal Initiative 4.1: Digital Workplace.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION On January 3, 2019, the Sanitation District issued a Request for Proposal (RFP) for the Enterprise Content Management System and Records Management Needs Assessment; the RFP closed on January 29, 2019. Three vendors provided a response: ThirdWave
Corporation, Imerge Consulting, and IQ Business Group. A panel consisting of four
Sanitation District staff reviewed and ranked the proposal in accordance with Purchasing Ordinance No. OCSD-52. This RFP used the individual scoring method. Evaluators discussed the relative strengths and weaknesses of the vendor's proposal in each area. Of the three proposing companies, only ThirdWave Corporation and Imerge Consulting
were invited to provide presentations (IQ Business was not invited to provide a
presentation and therefore did not receive evaluation points in that category). Based on the proposals and presentations, staff recommends awarding the Professional Services Agreement to ThirdWave Corporation for a not-to-exceed amount of $116,903.
Page 3 of 3
PROPOSAL EVALUATION TABLE
Evaluator ThirdWave Imerge IQ Business Group
1 760.00 444.23 269.23
2 935.00 696.73 374.23
3 870.00 509.23 289.23
4 930.00 589.23 286.73 TOTAL 873.75 559.86 304.86
CEQA N/A
FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District’s Purchasing Ordinance OCSD-52. This item has been budgeted in the FY18/19 and FY19/20
Information Technology Capital Program, Section 8, Page 48. ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda package:
• Professional Services Agreement
Orange County Sanitation District 1 of 10 Specification No. CS-2019-1010BD Version 120518
PROFESSIONAL CONSULTANT SERVICES AGREEMENT Enterprise Content Management System and Records Management Needs Assessment Specification No. CS-2019-1010BD
THIS AGREEMENT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and ThirdWave Corporation with a principal place of business at 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064 (hereinafter referred to as "Consultant") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, based on Consultant’s expertise and experience, OCSD desires to temporarily engage Consultant to provide Enterprise Content and Records Management Systems "Services” as described in Exhibit “A”; and
WHEREAS, Consultant submitted its Proposal, dated January 29, 2019; and
WHEREAS, on April 10, 2019, the Administration Committee of OCSD, by minute order, authorized execution of this Agreement between OCSD and Consultant; and
WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance No. OCSD-52; and
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows:
1.Introduction1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OCSD and the Consultant. The terms and conditions herein exclusively govern the purchase of Servicesas described in Exhibit “A”.
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein.
Exhibit “A” Scope of Work Exhibit “B” Consultant’s Best and Final Offer (BAFO) Proposal with revised Cost Proposal, dated March 19, 2019
Exhibit “C” Acknowledgement of Insurance Requirements Exhibit “D” OCSD Safety Standards Exhibit “E” Not Used
Exhibit “F” Human Resources Policies
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control.
1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties.
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1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof.
1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise noted as workdays.
1.7 The term “workday”. Workdays are defined as all days that are not Saturday, Sunday, or OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday through Thursday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to
OCSD work schedules. OCSD review periods shall not include OCSD observed holidays.
1.8 OCSD holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: All work shall be scheduled Monday through Friday, between the hours of 7:30 a.m. and 5:30 p.m. OCSD will not pay for travel time.
1.10 Consultant shall provide OCSD with all required premiums and/or overtime work at no
charge beyond the total amount of the Agreement.
1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the Services identified in Exhibit “A”. Consultant warrants that all of its Services shall be
performed in a competent, professional, and satisfactory manner. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OCSD and Consultant and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided under this Agreement shall be a total amount not to exceed One Hundred Sixteen Thousand Nine-Hundred Three Dollars ($116,903.00).
5. California Department of Industrial Relations (DIR)Registration and Record of Wages 5.1 To the extent Consultant’s employees and/or subconsultants who will perform work under
this Agreement for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et 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. 5.2 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 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
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5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement of the Department of Industrial Relations. 5.4 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(e).
6. Payment and Invoicing 6.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD’s Project Manager or designee, of itemized invoices submitted for Milestones completed in accordance with Exhibit “A”. OCSD, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 6.2 Invoices shall be emailed by Consultant to OCSD Accounts Payable at APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification
No. CS-2019-1010BD shall be referenced in the subject line.
7. Audit Rights Consultant agrees that, during the term of this Agreement and for a period of
three (3) years after its termination, OCSD shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement.
8. Commencement and Term The Services provided under this Agreement shall be completed as specified in Exhibit “A” Scope of Work, Section 5 Schedule. 9. Renewals (Not Used)
10. Extensions The term of this Agreement may be extended only by written instrument signed by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a
termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) to the date of termination. Consultant
expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OCSD from any further fee, cost or claim hereunder by Consultant other than for work performed to the date of termination. 12.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD’s
determination that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Agreement.
Orange County Sanitation District 4 of 10 Specification No. CS-2019-1010BD Version 120518
12.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement. 12.4 All OCSD property in the possession or control of Consultant shall be returned by Consultant to OCSD on demand, or at the termination of this Agreement, whichever occurs first. 13. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Consultant's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OCSD, Consultant shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or
death of any person or damage to property or interference with the use of property, arising out of or in connection with Consultant's performance under the Agreement, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any goods and services provided under this Agreement. This indemnification provision shall apply to any acts or omissions, willful
misconduct, or negligent misconduct, whether active or passive, on the part of Consultant or anyone employed by or working under Consultant. To the maximum extent permitted by law, Consultant's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD. This section shall survive the expiration or early termination of the Agreement.
14. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements,
Exhibit “C“. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow any subconsultant to commence service pursuant to a subcontract until all insurance required
of the subconsultant has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement.
15. Key Personnel Personnel, as provided in Exhibit “B”, are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person designated as key under this Agreement shall be removed or replaced without prior written consent of OCSD. If OCSD asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OCSD's request. Consultant shall assign only competent personnel to perform services pursuant to this Agreement.
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16. Confidentiality and Non-Disclosure 16.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to
disclose to Consultant orally and in writing certain confidential information that OCSD considers proprietary and has developed at great expense and effort.
16.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OCSD's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OCSD. 16.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by Consultant during the term of this Agreement. 16.4 Consultant agrees as follows:
• To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a party to this Agreement; and to not use the confidential information to benefit itself or others.
• To restrict access to the confidential information to its Consultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement.
• To return all confidential information in Consultant's possession upon termination of this Agreement or upon OCSD's request, whichever occurs first.
• To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 16.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential. 17. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OCSD and shall be promptly delivered to OCSD upon request of OCSD’s Project Manager or designee, or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the
exercise by OCSD of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at OCSD's sole
risk and without liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for assignment to OCSD of any documents or materials prepared by them.
18. Ownership of Intellectual Property 18.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OCSD as its sole and exclusive property.
18.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents
or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications,
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assignments, and all other instruments and papers which OCSD shall deem necessary to apply for and to assign or convey to OCSD, its successors and assigns, the sole and
exclusive right, title and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and confidential
information. 18.3 Consultant warrants that Consultant has good title to any New Developments, and the right to assign New Developments to OCSD free of any proprietary rights of any other party or any other encumbrance whatever. 18.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to be prepared by Consultant or its subconsultants in connection with these Services shall be delivered to and shall become the exclusive property of OCSD. OCSD may utilize these documents for OCSD applications on other projects or extensions of this project, at its own
risk.
19. No Solicitation of Employees
19.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result
of Consultant's Services to OCSD. 19.2 Consultant acknowledges that OCSD’s employees are critical to its business and OCSD
expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OCSD’s employees during the term of this Agreement and for a period of one (1) year following termination of this Agreement, Consultant will pay OCSD fifty percent (50%) of the former employee’s most recent annual salary earned at OCSD to accurately reflect the reasonable value of OCSD’s time and costs. This payment is in addition to any other rights and remedies OCSD may have at law. 20. Independent Contractor Capacity 20.1 The relationship of Consultant to OCSD is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship.
20.2 Consultant shall act independently and not as an officer or employee of OCSD. OCSD assumes no liability for Consultant’s action and performance, nor assumes responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for Consultant.
20.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor shall Consultant have the right to, and shall not, commit OCSD to any agreement, contract or
undertaking. Consultant shall not use OCSD’s name in its promotional material or for any advertising or publicity purposes without expressed written consent. 20.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OCSD’s payroll as regular employees including, without limitation, worker's compensation, disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for providing, at Consultant’s expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder.
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20.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD
for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OCSD arising out of Consultant's breach of this provision.
20.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OCSD's payroll as regular employees. Consultant shall remain ineligible for such benefits or participation in such benefit plans even if a court later decides that OCSD misclassified Consultant for tax purposes. 21. Licenses, Permits Consultant represents and warrants to OCSD that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Consultant. 22. Consultant's Representations In the performance of duties under this Agreement, Consultant shall adhere to the highest fiduciary standards, ethical practices and standards of care and competence for their trade/profession. Consultant agrees to comply with all
applicable Federal, State and local laws and regulations.
23. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it
understands the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented
by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Consultant’s risk, until written instructions are received from OCSD.
24. Right to Review Services, Facilities, and Records 24.1 OCSD reserves the right to review any portion of the Services performed by Consultant under this Agreement, and Consultant agrees to cooperate to the fullest extent possible. 24.2 Consultant shall furnish to OCSD such reports, statistical data, and other information pertaining to Consultant's Services as shall be reasonably required by OCSD to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the
issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations.
24.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein.
25. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement.
26. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which
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it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
27. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OCSD does not object shall not operate as a waiver of OCSD’s rights to seek remedies available to it for any subsequent breach.
28. Remedies In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) terminate the Agreement; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Consultant. In the event OCSD elects to “cover” as described in (3), OCSD shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or Services and the Agreement price, together with any incidental or consequential damages.
29. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Agreement or the performance thereof.
30. Attorney’s Fees If any action at law or inequity 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.
31. Dispute Resolution 31.1 In the event of a dispute as to the construction or interpretation of this Agreement, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity
conducting an alternate dispute resolution process. 31.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
32. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject to repair or replacement by Consultant at no cost to OCSD.
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33. OCSD Safety Standards OCSD requires Consultant and its subconsultants to follow and
ensure their employees follow all Federal, State and local regulations as well as OCSD Safety Standards while working at OCSD locations. If during the course of the Agreement it is discovered that OCSD Safety Standards do not comply with Federal, State or local
regulations, then the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OCSD. Consultant and all of its employees and subconsultants, shall adhere to all applicable OCSD Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies (Exhibit “F”). 34. Freight (F.O.B. Destination) Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement.
35. Assignments Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void. 36. Conflict of Interest and Reporting
36.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement.
36.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict between Consultant’s families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this
Agreement, it will raise with OCSD any question regarding possible conflict of interest which may arise as a result of such change.
37. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OCSD and Consultant.
38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Consultant, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
39. Authority to Execute The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties are formally bound.
40. Read and Understood By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement.
41. Entire Agreement This Agreement constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
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42. Notices All notices under this Agreement must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return
receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Jackie Lagade Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Consultant: Roy R. Hernandez President/CEO ThirdWave Corporation 11400 W. Olympic Blvd., Suite 200 Los Angeles, CA 90064
Each party shall provide the other party written notice of any change in address as soon as practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ Chad Wanke Chair, Administration Committee Dated: _________________ By: ___________________________________ Kelly A. Lore
Clerk of the Board
Dated: _________________ By: ___________________________________ Lorenzo Tyner Assistant General Manager and Administrative Services Director THIRDWAVE CORPORATION Dated: _________________ By: ___________________________________ ___________________________________ Print Name and Title of Officer
Page 1 of 3
ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. 04/24/19
AGENDA REPORT Item Number Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager
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 the Orange County Sanitation District Amending Wastewater Discharge Regulations; and repealing Ordinance No. OCSD-48” for first reading at the April 24, 2019 Board meeting;
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said
entire Ordinance on April 24, 2019;
C. Set May 22, 2019, 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.
BACKGROUND
Assembly Bill 967 (2017), herein referred to as AB 967, creates a regulatory and permitting framework to allow alkaline hydrolysis of human remains (i.e., “water cremation”) effective July 1, 2020. Prior to receiving a license to operate, any facility performing water cremation must obtain permits from the appropriate local agency or agencies to properly dispose of the liquefied remains into the local or regional sewerage
system.
On January 8, 2018, the Groundwater Replenishment System (GWRS) Steering Committee voted unanimously to recommend to the Orange County Sanitation District (Sanitation District) to modify its Wastewater Discharge Regulations Ordinance
No. OCSD-48 to prohibit the receipt of hydrolysate through the sewer system. Under AB 967, receipt of such waste is entirely voluntary and at the discretion of the local agency. The law also explicitly recognizes the promotion of advanced water recycling systems as an example basis for prohibiting hydrolysate discharges to the sewer. Wastewater agencies may accept the hydrolysate directly through the sewer system or
indirectly via trucked waste to the wastewater treatment plant.
On April 25, 2018 and in accordance with the GWRS Steering Committee recommendation, the Sanitation District Board of Directors voted to direct staff to modify
4
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the Sanitation District’s Ordinance No. OCSD-48 by prohibiting the receipt of hydrolysate either indirectly or directly to the Sanitation District’s Sewerage System.
The proposed revisions to the Wastewater Discharge Regulations include changes that
are administrative and regulatory in nature. Other revisions are changes required or recommended by United States Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board and language clarifications based on recent enforcement actions.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with regulators, stakeholders,
and neighboring agencies
• Build brand, trust, and support with policy makers and community leaders
• Listen to and seriously consider community input on environmental concerns
• AB 967 – Human remains disposal: alkaline hydrolysis: licensure and regulation
• Ordinance No. OCSD-48
PROBLEM
AB 967 states in the Business and Professions Code Article 2.7, 7639.10, (8)(D), “Authorization for disposal of hydrolysate using a sewer collection system shall be
voluntary and at the discretion of each public agency…. Each public agency has the
discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems”. After considering three options, the GWRS Steering Committee unanimously voted to recommend that the Sanitation District prohibit all discharges from alkaline
hydrolysis of human remains into its sewerage system, whether or not the flows are
tributary to the Groundwater Replenishment System. PROPOSED SOLUTION
Modify the Sanitation District’s Ordinance No. OCSD-48 to prohibit the receipt of
hydrolysate directly or indirectly into the Sanitation District’s sewerage system. TIMING CONCERNS
Commencing July 1, 2020, AB 967 would require the Cemetery and Funeral Bureau
within the Department of Consumer Affairs to license and regulate hydrolysis facilities. As specified, the bill would require an applicant for a hydrolysis facility license to present to the bureau any state or locally required permits for business operations, prove that it has the appropriate permits and contracts for the disposal of hydrolysate, and employ a
hydrolysis chamber approved by the State Department of Public Health. Staff
recommends resolving this matter via ordinance amendment by January 1, 2020 in order to allow planning and permitting by July 1, 2020.
Page 3 of 3
RAMIFICATIONS OF NOT TAKING ACTION 1. The Sanitation District would not be enacting the GWRS Steering Committee
recommendation.
2. GWRS’s ability to beneficially reuse the reclaimed water may be compromised by the public’s perception.
3. The Sanitation District would need to develop and maintain policies and guidelines,
establish and enforce permits for hydrolysate dischargers and provide additional safety and spill training and personal protective equipment to on-site Sanitation District staff.
PRIOR COMMITTEE/BOARD ACTIONS
April 2018 – Board of Directors directed staff to prepare amendments to the Sanitation District’s Wastewater Discharge Regulations Ordinance No. OCSD-48 for consideration by the Board of Directors prohibiting the direct or indirect receipt of hydrolysate into the
Sanitation District’s sewerage system.
January 2018 – GWRS Steering Committee recommended that OCSD modify its Wastewater Ordinance to prohibit the receipt of hydrolysate through the sewer system.
February 2016 – Board of Directors adopted Ordinance No. OCSD-48, entitled “An
Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations and repealing Ordinance No. OCSD-39”. January 2016 - Board of Directors introduced Ordinance No. OCSD-48, entitled “An
Ordinance of the Board of Directors of the Orange County Sanitation District Establishing
Wastewater Discharge Regulations; Revising Articles 1 through 8, and repealing Ordinance No. OCSD-39”. Article 2. Section 212. Prohibition on Liquefaction was deleted.
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Ordinance No. OCSD-XX Fact Sheet
• Draft Ordinance No. OCSD-XX Establishing Wastewater Discharge Regulations and Repealing Ordinance No. OCSD-48 (Redline)
April 2, 2019
Ordinance No. OCSD-xx Fact Sheet
What is Ordinance No. OCSD-xx? Ordinance No. OCSD-XX is the latest revision of Orange County Sanitation District’s (OCSD) Wastewater
Discharge Regulations, formerly OCSD-48. The Ordinance is a legal mechanism implemented by OCSD
that sets out requirements for the discharge of pollutants into OCSD’s collection system and 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 with which Users of
OCSD’s sewer collection systems must comply.
Why does it have to change? This is best described as a special opening of the Ordinance which is prompted, in part, by State legislation
that has a near-term effective date. Other sections of the Ordinance are being revised at the direction of the
Board of Directors or General Manager to clarify and strengthen language based on on-going enforcement.
What are the significant modifications to OCSD’s draft Wastewater Discharge Regulations Ordinance impacting permitted users? OCSD’s draft Pretreatment Ordinance changes are summarized in the table below:
WHAT IS THE CHANGE? WHY DID OCSD MAKE THIS CHANGE?
Prohibition on Hydrolysate
No Person shall discharge Hydrolysate, Wastes, or Wastewater resulting from Hydrolysis either directly or indirectly to the Sewerage System.
In April 2018, the Board of Directors directed staff to prepare amendments to OCSD-48 prohibiting the direct or indirect receipt of hydrolysate into OCSD’s sewerage system.
Finding that OCSD is a Separate Sewer System
OCSD operates and maintains a separate sewer
system of pipes, pumps stations, intercepting sewer lines, and other conveyances upstream of its
wastewater treatment plant headworks to collect and convey domestic, commercial, and industrial
wastewater. OCSD is not designed to collect large amounts of storm water runoff from precipitation events.
This finding defines OCSD as a separate sewer system and not a combined sewer system. As such, it is therefore not subject to the EPA’s CSO Control Policy, published April 19, 1994 (59 FR 18688), and
the first milestone under the CSO Control Policy was the January 1, 1997 deadline for implementing
minimum technology-based controls (i.e., the "nine minimum controls").
Finding that OCSD implements a system-specific Sewer System Management Plan
OCSD implements a system-specific Sewer System
Management Plan which includes provisions to provide proper and efficient management, operation,
and maintenance of sanitary sewer systems in compliance with the California Statewide General Waste Discharge Requirements, Systems, Water Quality Order No. 2006-0003-DWQ For Wastewater
Collection Agencies.
This finding explains that OCSD implements a
system-specific Sewer System Management Plan in compliance with the California Statewide General
Waste Discharge Requirements, Systems, Water Quality Order No. 2006-0003-DWQ For Wastewater
Collection Agencies, because OCSD has taken measures to address sanitary sewer overflows, such as not accepting uncontrolled amounts of storm water.
Prohibition on Non-Domestic Surface and Floor Drains
No Person shall discharge non-domestic water via a surface or floor drain directly or indirectly to OCSD’s Sewerage Facilities.
The language clarification strengthens prohibition of waters of this type which protects OCSD’s collection system against inflow and infiltration, uncontrolled wastestreams, and sanitary sewer overflows of OCSD’s separate sewerage system.
April 2, 2019
WHAT IS THE CHANGE? WHY DID OCSD MAKE THIS CHANGE?
Prohibition on Stormwater
No Person shall discharge storm water directly or indirectly to OCSD's Sewerage Facilities except as provided herein.
The language clarification strengthens the prohibition of waters of this type to protect OCSD’s collection system against inflow and infiltration, uncontrolled wastestreams, and sanitary sewer overflows of OCSD’s separate sewerage system. The prohibition helps OCSD’s long-term compliance with the California Statewide General Waste Discharge Requirements, Systems, Water Quality Order No. 2006-0003-DWQ For Wastewater Collection Agencies.
Reports of Changed Conditions
Each User must notify the General Manager’s designee 30 calendar days in advance.
The language clarification is based on administration and provides more prescriptive detail to the User.
Enforcement
The sentence is restructured to clarify actions triggered by receipt of the written report in the Permit Suspension, Permit Revocation, Civil Penalties, and Appeals to the General Manager sections.
The language clarification is based on enforcement and provides clarity when enforcement actions occur.
Sale or Change of Ownership
The successor owner shall apply for a new permit 30 calendar days in advance. It was previously 15 days.
The change allows OCSD staff more time to evaluate changes prior to issuing a new permit.
Streamlining Best Management Practice
Required and recommended language is being added to meet “enforceable” equivalency of BMP to numeric limit and as per EPA (2007). EPA Model Pretreatment Ordinance, p. 15, Office of Wastewater Management Permits Division, EPA 833-B-06-002, January 2007 and in 403.12(b), (e), (h) and (o).
These were identified by the EPA and RWQCB in the 2013 Pretreatment Compliance Audit and 2014 Pretreatment Compliance Inspection. OCSD concurs with the findings. Federal regulations evolved over time, so the proposed changes update/harmonize the language in OCSD’s Ordinance.
Wastehauler Definitions
Discharges from Type III marine sanitation devices, campers, trailers, and car washes are excluded from the wastehauler definitions.
The language clarifies types of wastes that are accepted at the OCSD Wastehauler Station.
Wastehauler Program
Wastehauler manifest requirements are being clarified to include names and addresses of all sources of wastewater. Wastehaulers of grease waste from Food Service Establishments must have a valid California Department of Food and Agriculture permit, if required by law. The term, “non-compliance resampling fee” is relabeled as “processing or sampling fee” to align with OCSD’s Fee Ordinance. The fee is the same.
Clarifications to language and alignment with regulations of other agencies.
Will the Local Limits be revised? No changes are being made to the Table 1 Maximum Allowable Local Discharge Limits. A technical
evaluation of local limits was not performed.
DRAFT FOR DISCUSSION PURPOSES ONLY
OCSD-48xx-1
1392497.1
ORDINANCE NO. OCSD-48xx
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AMENDING
WASTEWATER DISCHARGE REGULATIONS, AND REPEALING ORDINANCE NO. OCSD-3948
DRAFT FOR DISCUSSION PURPOSES ONLY
OCSD-48xx-2
1392497.1
CONTENTS
ARTICLE 1. GENERAL PROVISIONS ............................................................................ 5
101. PURPOSE AND POLICY ................................................................................ 5
102. DEFINITIONS ................................................................................................. 7
103. CONFIDENTIAL INFORMATION .................................................................. 21
104. SALE OR CHANGE OF OWNERSHIP ......................................................... 24
105. RESERVED .................................................................................................. 24
106. AUTHORITY ................................................................................................. 25
107. DELEGATION OF AUTHORITY ................................................................... 25
108. SIGNATORY REQUIREMENTS ................................................................... 25
109. RECORD KEEPING REQUIREMENTS ........................................................ 26
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE ................................................................................................................. 27
201. PROHIBITED DISCHARGES ....................................................................... 27
202. PROHIBITION ON DILUTION....................................................................... 27
203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER ................ 30
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 ................ 28
210. PROHIBITION ON MEDICAL WASTE .......................................................... 33
211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES .. 34
212. RESERVED .................................................................................................. 31
213. MASS EMISSION RATE DETERMINATION ................................................ 34
214. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS .............................. 36
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES ..... 37
301. INTRODUCTION .......................................................................................... 37
302. CLASS I WASTEWATER DISCHARGE PERMITS ...................................... 37
303. CLASS II WASTEWATER DISCHARGE PERMITS ..................................... 45
304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS ....................... 47
305. SPECIAL PURPOSE DISCHARGE PERMITS ............................................. 49
DRAFT FOR DISCUSSION PURPOSES ONLY
OCSD-48xx-3
1392497.1
306. WASTEHAULER DISCHARGE PERMIT ...................................................... 52
307. DISCHARGE CERTIFICATIONS .................................................................. 54
308. OUT OF DISTRICT PERMITS/DISCHARGERS ........................................... 56
309. RESERVED .................................................................................................. 56
310. RESERVED .................................................................................................. 56
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 ........................................ 66
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 .................................................................... 89
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
616. CIVIL PENALTIES ........................................................................................ 83
617. CRIMINAL PENALTIES ................................................................................ 86
618. APPEALS TO GENERAL MANAGER .......................................................... 87
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619. PAYMENT OF CHARGES ............................................................................ 88
620. COLLECTION OF DELINQUENT ACCOUNTS ............................................ 88
621. APPEAL OF CHARGES AND FEES ............................................................ 88
622. RECOVERY OF COSTS INCURRED BY OCSD .......................................... 89
623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT ................................. 89
624. JUDICIAL REVIEW ....................................................................................... 90
ARTICLE 7. SEWER SERVICE CHARGES – CAPITAL FACILITY CAPACITY CHARGES ...................................................................................................................................... 93
701. SANITARY SEWER SERVICE CHARGE ..................................................... 93
702. CAPITAL FACILITIES CAPACITY CHARGE ................................................ 93
ARTICLE 8. SEVERABILITY ......................................................................................... 94
801. SEVERABILITY ............................................................................................ 94
802. GENERAL APPLICATION ............................................................................ 94
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The Board of Directors of the Orange County Sanitation District (OCSD) does hereby FIND:
That OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment Regulations (40 CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections§ 13000, et seq.), to implement and enforce a program for the regulation of Wastewater discharges to OCSD’s sewers; and
That OCSD is required by federal, state, and local law to meet applicable standards of treatment plant effluent quality; and That the 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.
That OCSD operates and maintains a separate sewer system of pipes, pumps stations, intercepting sewer lines, and other conveyances upstream of its wastewater treatment plant headworks to collect and convey domestic, commercial and industrial wastewater, and is not designed to collect large amounts of storm water runoff from precipitation events.
That OCSD implements a system-specific Sewer System Management Plan which includes provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems in compliance with the California Statewide General Waste Discharge Requirements, Systems,
Water Quality Order No. 2006-0003-DWQ For Wastewater Collection Agencies. 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, et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403).
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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.
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, and provisions for necessary reserves; 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. 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. 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.
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.
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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.
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
Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of 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, et seq.
2.Approved POTW Pretreatment Program or Program or POTWPretreatment Program shall mean a program administered by aPOTW 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
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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 a) A Responsible Officer, as that term is defined in this Ordinance and 40 CFR 403.12(l); or b) A person that is responsible for the overall operation of the
facility from which the discharge originates and that a Responsible Officer has designated, in writing and submitted to OCSD, an Authorized Representative; or c) A person that has overall responsibility for environmental
matters for the facility from which the discharge originates and that a Responsible Officer has designated, in writing and submitted to OCSD, an Authorized Representative; or (1) 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; 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)d) 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
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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 limitsLocal 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. 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
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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 II 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 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 limitLocal 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
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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 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.
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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 405-471.
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. 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. Hydrolysate shall mean the resultant liquid from the hydrolysis of human remains. 33. Hydrolysis shall mean the process by which the body of a deceased person is chemically reduced to its essential organic components
and bone fragments either before or after processing of the remains
after removal from the hydrolysis chamber.
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32.34. Indirect Discharge or Discharge shall mean the introduction of Pollutants into a POTW from any non-domestic source regulated under sectionSection 307(b), (c) or (d) of the Act. [33 U.S.C. 1317(b)-
(d)]. 33.35. Industrial User shall mean any User that discharges Industrial Wastewater.
34.36. 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.
35.37. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed Wastewater generation, conveyance, processing, and disposal facilities.
36.38. Instantaneous Limit (see the Maximum Allowable Discharge Limit) 37.39. 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.
40. 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.
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38.41. 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. 39.42. Local Limit shall mean specific discharge limits developed pursuant to 40 CFR 403.5(c) 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). 40.43. Local Sewering Agency shall mean any public agency or private corporation responsible for the collection and disposal of Wastewater
to OCSD's Sewerage Facilities and duly authorized under the laws
of the State of California to construct and/or maintain public sewers. 41.44. Major 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. 42.45. 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. 43.46. 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.
44.47. 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.
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45.48. Milligrams Per Liter (mg/L or mg/l) 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. 46.49. 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. 47.50. 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. 48.51. 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. 49.52. 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. of the Act (33 U.S.C. 1342). 50.53. New Source shall mean those sources that are new as defined by 40
CFR 403.3(m) as revised. 51.54. Non-compatible Pollutant shall mean any Pollutant which is not a Compatible Pollutant as defined herein.
52.55. OCSD shall mean Orange County Sanitation District.
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53.56. 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. 54.57. Ordinance shall mean that document entitled "Wastewater Discharge Regulations" containing OCSD requirements, conditions, and limits for connecting and discharging to the sewer system, as
may be amended and modified. 55.58. pH 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. 56.59. 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. 57.60. 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. 58.61. 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, responsible corporate officers, agents, assigns, including all federal, state, and local governmental entities. 59.62. 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 [α], beta [β], and gamma [γ]
isomers); chlordane; endrin; endrin aldehyde; 2,3,7,8-
tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; α-endosulfan; β-
endosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide; dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and parathion.
60.63. 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.
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61.64. Polychlorinated Biphenyls (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. 62.65. Pretreatment shall mean the reduction of the amount of Pollutants, 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.
63.66. 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.
64.67. Pretreatment Requirements shall mean any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
65.68. 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. 66.69. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this state.
67.70. 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. 68.71. Publicly Owned Treatment Works or POTW shall mean a treatment
works as defined by section 212 of the Act, (33 U.S.C. 1292), which
is owned by a state or municipality (as defined by section 502(4) of the Act). [33 U.S.C. 1362(4)]). This definition includes any devices
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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.
69.72. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.) and as amended. 70.73. 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). 71.74. 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.
72.75. Responsible Officer shall mean: a) IfAs defined in 40 CFR 403.12(l), if the applicant or User is a corporation:
(2)(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
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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; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
As defined in 40 CFR 403.12(l), if (3) 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; 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.
73.76. 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.
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74.77. 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. 75.78. Sanitary Waste shall mean domestic Wastewater, human excrement, and gray water (e.g., water from household showers,
dishwashing operations, etc.). 76.79. Septic Waste shall mean any Sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
77.80. Service Area shall mean an area for which OCSD has agreed to either provide sewer service, or Wastewater treatment, or Wastewater disposal. 78.81. Sewage shall mean Wastewater.
79.82. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of Wastewater or sludge or biosolids.
80.83. Significant Industrial User, except as provided in 40 CFR 403.3 (v)(2) and (v)(3), shall mean: (i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and/or 40 CFR chapterChapter I, subchapterSubchapter N; and (ii) Any other
Industrial User that:, pursuant to 40 CFR 403.3(v)(1): 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)).
81.84. 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).
82.85. 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
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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. 83.86. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or
Pretreatment Facility. 84.87. 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.
85.88. Special Purpose User 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.
86.89. Spent Solutions shall mean any concentrated Industrial Wastewater
or Wastewater that is not authorized to be discharged to a Sewage
facility until appropriately treated.
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87.90. Spill Containment shall mean a protection system installed by the Permittee to prohibit the discharge to the sewer of non-compatible Pollutants.
88.91. Standard Methods shall mean procedures described in the current edition of Standard Methods for the Examination of Water and
Wastewater, as published by the American Public Health Association, the American Water Works Association and Water
Pollution Control Federation. 89.92. Suspended Solids or Total Suspended Solids (TSS) 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. 90.93. 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. 91.94. 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. 92.95. Unpolluted Water shall mean water to which no Pollutant has been
added either intentionally or accidentally. 93.96. 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. 94.97. 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.”
95.98. 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
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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.
96.99. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.
97.100. 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.
98.101. Wet Weather shall 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. 99.102. 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.
100.103. Zero Discharge Certification shall mean a control mechanism that is issued by OCSD to insureensure that specific facilities are not discharging a Pollutant(s) that may otherwise qualify the facility for a discharge permit.
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 shallis presumed to 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.
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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. 104. SALE OR CHANGE OF OWNERSHIP 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. 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. 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. At least thirty (30) calendar 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)thirty (30) calendar 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. 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
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106. AUTHORITY 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
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 or within areas for which OCSD has contracted to provide sewerage services. 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.
OCSD has the authority pursuant to California Health and Safety CodesCode Sections 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
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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 representativea Responsible Officer (or
his/her Authorized Representative) of the Industrial User as defined in 40 CFR 403.12(l)), 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 showndescribed 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.
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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.
General Prohibitions.
1.No User shall introduce or cause to be introduced into OCSD’sSewerage Facilities any Pollutant, Wastewater, or flow 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 changethe 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 localregulatory 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 permissionfrom 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 ahazardous waste by the Regulatory Agencies.
5.No Person shall discharge or cause to be discharged any non-
domestic water directly or indirectly to any OCSD Sewerage Facilities without prior authorization.
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 Facilitiesincluding, but not limited to, wastestreams with a closed-cupflashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade) using any of the test methods specified in 40 CFR
261.21; or produces a gaseous mixture that is 10% or greater of thelower explosive limit (LEL).
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2. Causes obstruction to the flow in the Sewerage Facilities resulting in interference or damage to the Sewerage Facilities.
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.
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14. Is released in a discharge at a flow rate and/or Pollutant
concentration (including oxygen-demanding Pollutant (BOD, etc.))
which will cause interference with OCSD’s Sewerage Facilities.
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15.Is in excess of the permitted Mass Emission Rates established inaccordance with Section 213 of this Ordinance, or the concentration
limits set forth in Table 1, or the discharge permit.
16.Contains material which will readily settle or cause an obstruction toflow in the Sewerage Facilities resulting in interference, such as, butnot 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 ofmineral oil origin in amounts that will cause interference or Pass
Through.
18.Causes the Orange County Water District GroundwaterReplenishment System product water to exceed its TOC limit of 0.5mg/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
No Person shall discharge groundwater, storm water, surface runoff, or subsurface drainage directly or indirectly to OCSD's Sewerage Facilities except as provided herein. Pursuant to Section 304 or 305304 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.
The discharge of such waters shall require a Dry Weather Urban Runoff Discharge Permit or, a Special Purpose Discharge Permit, or written authorization from OCSD.
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 NON-DOMESTIC SURFACE AND FLOOR DRAINS
No Person shall discharge non-domestic water via a surface or floor drain directly or indirectly to OCSD’s Sewerage Facilities except as provided herein. OCSD may approve
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the discharge of such water at its sole discretion. The discharge of such waters shall require written authorization from OCSD and shall meet other such conditions as required by OCSD and this Ordinance.
204.205. PROHIBITION ON UNPOLLUTED WATER No Person shall discharge unpolluted water such as single pass cooling water directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 305, et 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. The discharge of such waters shall require a Special Purpose Discharge
Permit from OCSD. 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.
205.206. 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. 206.207. PROHIBITION ON THE USE OF GRINDERS
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.
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.
207.208. 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.
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208.209. 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).
209.210. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO OCSD’S SEWERAGE SYSTEM AND WASTEHAULER STATION
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.
No Wastehauler shall discharge domestic septage or other approved Waste or Wastewater constituents in excess of Limits in Table 1. 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. 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. 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 (40 U.S.C. § 6901, et seq.) or 40 CFR 261. 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.
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No Wastehauler shall add chemicals into Wastehauler trucks while on OCSD premises before discharging to the OCSD Wastehauler Station
unless approved by OCSD. No Wastehauler shall discharge Wastewater to the OCSD Wastehauler Station, which contains mixed load types, i.e., car wash Wastewater, domestic septage, brine, etc.
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
all sources of Wastewater, and volume and characteristics of Wastewater. 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. Wastehauler hoses must be connected to the Wastehauler Station discharge port when being cleaned.
Transferring loads between trucks or from portable toilets to trucks on OCSD property is prohibited unless permission from OCSD is obtained. M. Wastehaulers discharging Food Service Establishment grease waste into OCSD’s Wastehauler Station must have a valid California Department of
Food and Agriculture (CDFA) permit, if required by law. Wastehaulers must have all necessary permits, or copies thereof, in their possession at the time of discharge to the OCSD Wastehauler station and must present copies for inspection by OCSD personnel upon request
210.211. PROHIBITION ON MEDICAL WASTE 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. 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
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become an etiologic agent subsequent to discharge to the Sewerage System, or will result in any violation of applicable Wastewater discharge requirements.
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.
211.212. 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
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. RESERVED 213. PROHIBITION ON HYDROLYSATE
No Person shall discharge Hydrolysate, Wastes, or Wastewater resulting from Hydrolysis either directly or indirectly to the Sewerage System. 214. BEST MANAGEMENT PRACTICES
OCSD may develop BMPs, by ordinance or individual wastewater discharge permits, to implement Local Limits and the requirements of Article 2. 213.215. MASS EMISSION RATE DETERMINATION
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. 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.
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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. The excess use of water to establish an artificially high flow rate for Mass Emission Rate determination is prohibited.
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214.216. 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 LIMITS(1)
CONSTITUENT MILLIGRAMS/LITER 1,4-dioxane(2) 1.0 Ammonia Mass(3) Arsenic 2.0 Biochemical Oxygen Demand (BOD) Mass(3) 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
(1) Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. (2) 1,4-dioxane is also known as “p-dioxane.” (3) BOD and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittee’s responsibility to report the intended technically-based mass use to OCSD. (4) “Oil and Grease of Mineral or Petroleum Origin” is also known as “Petroleum Oil and Grease as Silica Gel Treated n-Hexane Extractable Material” or “SGT-HEM Non-Polar Material.”
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ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES 301. INTRODUCTION
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.
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.
The Discharge Certification is issued to those Users that are discharging regulated Wastewater but are not otherwise required to obtain a discharge permit. 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 No User requiring a Class I permit shall discharge Wastewater without obtaining a Class I Wastewater Discharge Permit.
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
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Permits shall be enforced by OCSD in accordance with this Ordinance and applicable state and federal regulations.
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 302.1 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
limitLocal 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
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.
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3. Volume of Wastewater to be discharged.
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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 213216, 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. 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. 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.
After evaluation of the data, OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as
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otherwise determined by the General Manager to be appropriate to protect OCSD’s Sewerage Facilities.
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.
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 Class I permit shall contain all of the following conditions or limits:
1. Mass Emission Rates and concentration limits regulating non-compatible Pollutants, including BMPs based on applicable Pretreatment Standards.
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 limitsLocal Limits, and/or Waste-Tracking
Forms. 5. Requirements for maintaining, for a 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. 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.
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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 ensurecompliance with this Ordinance or determined by the General
Manager to be appropriate to protect OCSD’s Sewerage System.
302.3 Class I Permit Fee
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.
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
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 affectOCSD; or
4.A determination by the General Manager that such modification isappropriate to further the objectives of this Ordinance.
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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
exceed thirty (30) days after the commencement of discharge. 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. 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
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. 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. 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.
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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 OCSD obtains water use data. OCSD's Board of Directors shall adopt the amount of the fee.
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:
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
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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
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. 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
No User requiring a Class II permit shall discharge Wastewater without obtaining a Wastewater Discharge Permit. 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
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applicable state and federal regulations. All Class II Users proposing to discharge directly or indirectly into the
OCSD’s Sewerage Facilities shall obtain a Wastewater dischargeDischarge Permit by filing an application pursuant to Section 303.1 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
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, and 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 213216,
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
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acceptable to OCSD. 8. Time and duration of discharge.
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.
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.
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.
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.
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 Class II permit shall contain all of the following conditions and/or limits:
1. Applicable Mass Emission Rates and concentration limits regulating
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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 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.
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. Other terms and conditions determined by the General Manager to be appropriate to protect OCSD's Sewerage System. 303.3 Class II Permit Fee
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.
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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. 303.4 Class II Permit Modification of Terms and Conditions 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. 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. 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
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
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collection, treatment, and disposal. 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 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. 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. 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. 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
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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 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.
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
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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.
304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS No User shall discharge urban runoff directly to OCSD’s Sewerage System without obtaining a Dry Weather Urban Runoff Discharge Permit.
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.
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. 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 304.1 and pay the applicable fees pursuant to Sections 304.3 and 304.6.
304.1 Dry Weather Urban Runoff Discharge Permit Application 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. 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.
In addition to the discharge permit, OCSD may require that the permit applicant enter into an agreement setting forth the terms under which the
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dry weather urban runoff discharge is authorized. 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. 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: Mass Emission Rates and concentration limits regulating non-compatible Pollutants.
Requirements for the 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).
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.
Limits on rate and time of discharge or requirements for flow regulation and equalization prior to discharge to the Sewerage System. Requirements to self-monitor the discharge to the Sewerage System.
The General Manager may impose additional requirements as may be appropriate to reduce the burden on OCSD’s Sewerage Facilities. 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.
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304.4 Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions
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. 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. 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 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
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Head, OCSD may issue a Letter to Discharge in lieu of a Special Purpose
Discharge Permit.
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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. All Special Purpose Discharge Permit Users proposing to discharge directly or indirectly into OCSD’s Sewerage Facilities shall obtain a Special Purpose
Discharge Permit by filing an application pursuant to Section 305.1 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 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. 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
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.
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 Part 423, or as subsequently amended. 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.
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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. 305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
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.
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.
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.
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306. WASTEHAULER DISCHARGE PERMIT 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 permitsDischarge Permits shall be enforced by OCSD in accordance with this Ordinance and applicable state and federal regulations.
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 Discharge Permit.
306.1 Wastehauler Discharge Permit Application 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.
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. Wastehaulers discharging Food Service Establishment grease waste into
OCSD’s Wastehauler Station must have a valid California Department of
Food and Agriculture (CDFA) permit, if required by law.
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Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application.
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.
306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits:
Limits on discharge of heavy metals and other priority Pollutants. 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). 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.
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 The identification decal is non-transferable.
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
The terms and conditions of an issued permit may be subject to modification
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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.
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.
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 Discharge Certifications may be issued to those Users that are discharging regulated Wastewater but are not otherwise required to obtain a discharge
permit.
No User requiring a Discharge Certification or a Zero Discharge Certification
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shall discharge non-domestic Wastewater to OCSD without obtaining certification.
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. All Users subject to Discharge Certifications proposing to discharge directly or indirectly into the OCSD’s Sewerage Facilities shall obtain a Discharge Certification by filing an application and paying all applicable fees thereto.
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.
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. A Zero Discharge Certification shall contain asat 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;
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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
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 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. 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. The fees for use shall be determined by OCSD and set forth in a use agreement with the Local Sewering Agency.
The requirements for a liquid wastehauler program may be established by a local sewering agencyLocal Sewering Agency after obtaining written permission from OCSD. 309. RESERVED
310. RESERVED
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ARTICLE 4. FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS
Upon request by OCSD: 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. The drawing shall depict as a minimum the manufacturing process (Wastewater generating sources), spill containment, monitoring or metering
facilities, and Pretreatment facilities. The applicant or User shall submit a schematic drawing of the Pretreatment facilities, piping and instrumentation diagram, and Wastewater characterization report.
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.
OCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. Permittees shall be required to submit updated detailed facility plans.
402. PRETREATMENT FACILITIES 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.
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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. 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 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.
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.
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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.
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. 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. 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. The location of the monitoring or metering facilities shall be subject to approval by OCSD.
The User shall provide immediate, clear, safe and uninterrupted access to OCSD to the User's monitoring and metering facilities. 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
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.
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).
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ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS
501. MONITORING AND REPORTING CONDITIONS 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. 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, including 40 CFR 403.12(g)(3) and (4))-(h), 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
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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 302.13 of this Ordinance, 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
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representative sample to compile that data 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 (O&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
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Standards, the shortest schedule by which the User will 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 for the 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
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applicable categorical Pretreatment Standards, or in the case of a 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
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otherwise disposed of, would be a hazardous waste under 40 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 (42 U.S.C. § 6921) 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.
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d)In the case of any notification made under this Section, theUser 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 anysubstance 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 ofManager’s designee in writing at least thirty (30) days prior to implementing any significant changes to the User’s operations, systems, or systemprocesses. Significant changes include any modifications which mightmay alter the nature, quality, or volume of its Wastewater in advance of, or
which may alter the change. The notification must be made promptly, but normally within 30 days. In certain cases, this period may be longer.facility’s production processes and/or treatment systems and methods.
a)The General Manager may require the User to submit such
information as may be deemed necessary to evaluate thechanged condition, including the submission of a Wastewaterdischarge permit application under this Ordinance.
b)The General Manager may issue a Wastewater discharge
permit under this Ordinance or modify an existing Wastewaterdischarge permit under this ordinance in response to changedconditions 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 non-routine, episodic
nature, a non-customary batch discharge, a Slug Discharge
or Slug Load, that might cause potential problems for OCSD,the User shall follow the notification procedures underNotification of Spill or Slug Loading in Article 5. Thisnotification shall also include the location of the discharge,
type of Wastewater, concentration and volume, if known, and
corrective actions taken by the User.
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b)Within five (5) days following such discharge, the User shall,unless waived by the General Manager, submit a detailedwritten 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 immediatelycorrect the problem, and what steps are being taken toprevent 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 aresult of damage or loss to OCSD, natural resources, or anyother damage to person or property; nor shall such notificationrelieve 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 bulletinboard 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 couldcause such a discharge to occur, are advised of theemergency notification procedure.
e)Significant Industrial Users are required to notify the General
Manager immediately of any changes at its facility affectingthe potential for a Slug Discharge.
8.Reports from Unpermitted Users
All Users not required to obtain a Wastewater discharge permit shallprovide appropriate reports to the General Manager as the GeneralManager may require.
9.Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User mustnotify the General Manager within twenty-four (24) hours ofbecoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysisto the General Manager within thirty (30) days after becoming awareof the violation. Resampling by the User is not required if OCSDperforms sampling at the User’s facility at least once a month, or ifOCSD performs sampling at the User’s facility between the time
when the initial sampling was conducted and the time when the Useror OCSD receives the results of this sampling, or if OCSD hasperformed the sampling and analysis in lieu of the User.
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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 approvedby OCSD and shall be submitted upon request of OCSD.When applicable, the self-monitoring requirement andfrequency 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 monitoringreport 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 whetherthe Permittee is in significant non-compliance, and be causefor OCSD to initiate all necessary tasks and analyses todetermine 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 beresponsible for any and all expenses of OCSD in undertakingsuch monitoring analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
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.
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.
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.
In order for OCSD to determine the Wastewater characteristics of the Discharger for purposes of determining the annual use charge and for
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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.
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 Part40 CFR 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 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. 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
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
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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 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).
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.
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. 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
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. 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. 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 NON -COMPLIANCE WITH DISCHARGE LIMITS 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 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 may impose self-monitoring requirements on the Permittee.
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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 borne 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.
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. 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 as a result of a violation by a Permittee.
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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
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.
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.
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) 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.
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.
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. 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) 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.
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. 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
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.
Notice/Hearing When the General Manager has reason to believe that grounds exist for
permit suspension, he/she 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. . C. Suspension Effective Immediately
Any discharger notified of a permit suspension shall immediately cease and desist all direct and indirect discharges to the OCSD’s sewerage system. In the event the discharger fails to voluntarily comply with the suspension order, the General Manager may take such steps as are reasonably necessary to prevent further discharges, including blocking or severing the
discharger’s connection to the sewer system. D. Suspension Hearing Any discharger whose permit is suspended may file a written request for a
suspension hearing pursuant to this section. Such a request will not stay the suspension. In the event a hearing is requested, the General Manager or his/her designee shall, within fourteen (14) days after receiving the request, hold a
hearing to determine whether the permit suspension should be confirmed or terminated. 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.
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2. After the conclusion of the hearing,The General Manager or the General Manager's designee shall submit a written report to the
General Manager within thirty (30) calendar days afterrender a decision on the suspension within seventy-two (72) hours following the conclusion of the suspension hearing. In the conclusion of the hearing setting forthevent the General Manager or his/her designee fails to make a decision within seventy-two (72) hours, the
suspension shall be stayed pending the decision. 2. The decision shall be made in writing and include a brief statement of facts found to be true, and a determination of the issues presented, conclusions, and a recommendation.
3. 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 including a final decision and order in writing within twenty (20) calendar days.
regarding whether the suspension is upheld or terminated. 3.4. The written decision and order of the General Manager or his/her designee 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. Effect of Suspension Order
1. Upon issuance, an order of permit suspension issued by the General
Manager shall be final in all respects. 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.
F. Reinstatement or Revocation 1. The General Manager shall reinstate the suspended permit upon proof of satisfactory compliance with all discharge requirements of
OCSD, including all additional permit requirements deemed
necessary by the General Manager or his or her designee to prevent future violations by the permittee
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2. The General Manager may, in his or her sole discretion, seek to permanently revoke any suspended permit pursuant to the
procedures outlined in Section 606 of this Ordinance. 606. PERMIT REVOCATION 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.
11. Violates any condition or limit of its discharge permit or any provision of OCSD's Ordinances or regulations.
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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, theThe 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. of receiving the written report. 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.
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
any Wastewater directly or indirectly to OCSD’s Sewerage System. All costs for physical termination shall be paid by the Permittee.
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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:
First Violation 1. The Permittee shall pay a non-compliance resampling feeprocessing or sampling fee pursuant to fee schedules adopted by the OCSD Board of Directors.
2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days.
Second Violation 1. The Permittee shall pay a non-compliance resamplingprocessing or sampling fee pursuant to fee schedules adopted by the OCSD Board of Directors.
2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days.
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3. The Wastehauler permit may be revoked in accordance with Section 606.
608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS 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. 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, including 40 CFR 25 and 40 CFR 403.8(f), OCSD shall annually cause to be published the names of all Industrial Users in significant
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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.
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
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. All costs for physical termination shall be paid by the User as well as all costs for reinstating service.
614. EMERGENCY SUSPENSION ORDER 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. 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
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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
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, et 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
Authority All Users of OCSD’s Sewerage System and facilities are subject to enforcement actions administratively or judicially 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, et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000, et seq.); (3) California
Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250);, et seq.); (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.
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
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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.
Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740.6, 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, et 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. 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
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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.
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, theThe 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 of receiving the written report. 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
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prohibition issued, reissued, or adopted by OCSD;
8. Any Person aggrieved by an order issued by the General Manager
assessing administrative civil penalties may, within fifteen (15) days after the General Manager issues the order, file an appeal with the Governing Board. The evidence on appeal shall consist solely of the General Manager’s order and the administrative record before
the hearing officer. The Governing Board shall determine whether
to uphold, modify, or reverse the General Manager’s order. The decision of the Governing Board shall be set forth in writing and be sent by certified mail to the appellant. The decision of the Governing Board shall be final in all respects. If no appeal of the General
Manager’s decision is filed within fifteen (15) days of its issuance, the
General Manager’s order becomes final in all respects. 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 decision issued by the Governing
Board, may obtain review 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 Governing Board decision.
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
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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
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 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
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. 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. 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
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or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, theThe General Manager shall make his/her determination and shall issue his/her decision and order within thirty
(30) calendar days of receiving the hearingwritten report by his/herthe Department Head (or other 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 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.
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.
Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate suspension of the permit. Penalties charged under this Section shall not accrue to those invoices
successfully appealed. 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.
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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
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 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.
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. 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
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its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit.
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.
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 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. 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 Purpose and Effect Pursuant to 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. Definitions
As used in this Section, the following terms and words shall have the following meanings:
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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. 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 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.
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. 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.
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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.
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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.
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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.
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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 I: 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 II: Effective Date. This Ordinance shall take effect July 1, 20162019. Section III: Repeal. Ordinance No. OCSD-3948 is hereby repealed.
Section IV: 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 24th day of February, 2016April, 2019.
__________________________ David John NielsenShawver Chair, Board of Directors Orange County Sanitation District
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ATTEST:
_______________________________ Kelly A. Lore Clerk of the Board Orange County Sanitation District
_______________________________
Bradley R. Hogin
General Counsel
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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-48 was introduced for first reading at a regular meeting of said Board on the 24th27th day of
January 2016March 2019, and passed and adopted at a regular meeting of said Board on the 24th day of February, 2016April, 2019, by the following vote, to wit: AYES:
Beamish; Choi; Curry; Deaton; Jones; Katapodis; Kiley; Kim; Kring; Krippner (Alternate); Mills; M. Murphy (Alternate);
R. Murphy; Nagel; Nielsen; Ooten (Alternate); Sebourn; Shawver; F. Smith; Steel; Tinajero; Wanke; and Yarc NOES: ABSTENTIONS: ABSENT:
None None Parker and Withers
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24th day of February, 2016April, 2019.
_______________________________ Kelly A. Lore Clerk of the Board
Orange County Sanitation District
Page 1 of 3
ADMINISTRATION COMMITTEE Meeting Date
04/10/19
To Bd. of Dir.
04/24/19
AGENDA REPORT Item Number
5
Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: PROPOSED ORDINANCE NO. OCSD-XX AMENDING SECTION 2.06 OF ARTICLE II, TABLE A, TABLE B, AND TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING CAPITAL FACILITY CAPACITY CHARGES
GENERAL MANAGER'S RECOMMENDATION
A. Introduce Ordinance No. OCSD-XX, entitled “An Ordinance of the Board of Directors of the Orange County Sanitation District Amending Section 2.06 of Article
II, Table A, Table B, and Table C of Ordinance No. OCSD-50 Concerning Capital
Facilities Capacity Charges;
B. Motion to read Ordinance No. OCSD-XX by title only and waive reading of said entire Ordinance on April 24, 2019;
C. Set May 22, 2019 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.
BACKGROUND
Orange County Sanitation District (Sanitation District) Ordinance No. OCSD-50 was
adopted by the Board of Directors on March 28, 2018. Staff is requesting to amend the ordinance with clarification language only.
•Table A removes parking structures from the Ordinance
•Table B clarifies the multi-family residential definitions
•Table C clarifies inspection fee descriptions
These clarifications will assist the Sanitation District’s member agencies with the collection of the Capital Facility Capacity Charges and will help our customer’s understanding of how the capacity/inspection fees are charged. These revisions will not increase any of the fees in the ordinance.
RELEVANT STANDARDS
•Comply with Ordinance No. OCSD-50
•Sustain 1, 5, 20-year planning horizons
Page 2 of 3
PROBLEM
The Sanitation District’s Board of Directors approved Ordinance No. OCSD-50 in March of 2018. The definitions need clarification so that our member agencies and customers have a better understanding of how our capacity fees are charged. The proposed
clarifications will help to reduce errors in calculating the fees.
PROPOSED SOLUTION Amend Section 2.06 of Article II, Table A, Table B, and Table C of Ordinance No.
OCSD-50 Concerning Capital Facilities Capacity Charges.
TIMING CONCERNS April 24th – First Reading of the Ordinance
May 22nd – Second Reading and Adoption of the Ordinance
July 1st – Ordinance takes effect RAMIFICATIONS OF NOT TAKING ACTION
Ordinance language will be confusing for our member agencies and customers. PRIOR COMMITTEE/BOARD ACTIONS
March 28, 2018 – Adopted Ordinance No. OCSD-50
December 2017 – Adopted 2017 Facilities Master Plan and Received and filed 2017 Rate Study ADDITIONAL INFORMATION
To ensure the appropriate allocation of costs and fees, the Orange County Sanitation District (Sanitation District) engaged an engineering consulting firm, Carollo Engineers, to provide an independent analysis of the Sanitation District’s cash flow modeling and a cost of service study. The study demonstrates that the Sanitation District’s proposed fees
are appropriate and reasonable and will support its projected capital and operating
requirements. Carollo Engineers completed the facilities master plan update. In conjunction with this update, Carollo was tasked with performing an updated sewer rate study to determine the
appropriate rates going forward to support the facilities master plan update. The Rate
Study was received and filed, and the Facilities Master Plan was adopted by Resolution No. OCSD 17-16 in December 2017 and the Ordinance concerning Capital Facilities Capacity Charges was adopted in March of 2018.
Based upon feedback from our member agencies, definitions in the fee tables need to be
clarified. The amendment to Ordinance NO. OCSD-50 provides these clarifications.
Page 3 of 3
ATTACHMENT
The following attachment(s) is attached in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Proposed Ordinance No. OCSD-XX (Redline)
• Ordinance No. OCSD-50
OCSD-XX-1
ORDINANCE NO. OCSD-XX
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.06 OF ARTICLE II, TABLE A, TABLE B, AND
TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING
CAPITAL FACILITY CAPACITY CHARGES
WHEREAS, the Board of Directors of the Orange County Sanitation District adopted
Ordinance No. OCSD- 50 on March 28, 2018 adopting Capital Facilities Capacity Charges;
and
WHEREAS, the Board of Directors of the Orange County Sanitation District wishes
to revise Section 2.06 of Article II, Table A, Table B, and Table C to more clearly define
the categories for charges.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
SECTION 1: Section 2.06 of Article II, Table A, Table B and Table C of Ordinance
No. OCSD-50 are hereby amended as follows:
OCSD-XX-2
TABLE A
CAPITAL FACILITIES CAPACITY CHARGES (CFCC) NON-RESIDENTIAL
Use Category Rate Basis Base Charge
Low Demand2 Per 1,000 square feet1 $ 332.001
Average Demand4,5 Per 1,000 square feet $2,066.001
High Demand3 Per 1,000 square feet $4,908.001
1Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $4,228; and all calculations shall be on a 1,000 square foot, or portion thereof, basis.
2Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards; Lumber/Construction Yards; Public Storage Buildings; and other facilities whose wastewater discharge is similar to these listed categories. Parking Structures not connected to the sewer will not be charged.
3High Demand connections are the following categories of users: Food/Beverage Service Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to
these listed categories. 4All other connections are Average Demand users including: Church Offices and Schools; Hotels, Shopping Centers/Strip Malls without food/beverage service establishments, Music Halls without food facilities, Office buildings, Senior Housing with individual living
units without kitchens but with a common kitchen 5 Residential Accessory Structures such as workshops and hobby shops that connect to the sewer, will be charged at the average demand rate and the minimum charge does not apply.
OCSD-XX-3
TABLE B
CAPITAL FACILITIES CAPACITY CHARGES (CFCC) RESIDENTIAL (PER UNIT)*
Single Family Residential (SFR)1 Base Charge
5+ Bedrooms $5,877.00 4 Bedrooms $5,031.00 3 Bedrooms $4,228.00 2 Bedrooms $3,425.00 1 Bedroom $2,621.00
Multi-Family Residential (MFR)2 Base Charge 4+ Bedrooms $4,566.00 3 Bedrooms $3,763.00 2 Bedrooms $2,960.00
1 Bedroom $2,114.00
Studio3 $1,353.00
*The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate
that is a percentage of the base rate depending on the size of the unit. The schedule for
the base rate shall be as follows:
2018-19 2019-20 2020-21 2021-22 2022-23
$4,228 $4,601 $4,973 $5,346 $5,719
1 Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other
enclosed addition which could potentially be used as a bedroom are included in this
category. The classification of these additions will be reviewed and determined by staff. 2 MFR units consist of multiple attached units that are not sold individually and receive one secured property tax bill such as apartments. Multiple attached units that are not sold
individually and are Ssenior housing with individual living units that include a kitchen are
considered MFR units. 3 Studio – one single room with no separating doors or openings leading to another part of the room (except for a bathroom).
Live/Work units will be charged at the residential rate for the living quarters and at the non-residential rate for the work portion square footage.
OCSD-XX-4
TABLE C
PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS
Lateral installation to property line:
2018-19 2019-20 2020-21 2021-22 2022-23
$575.00 $650.00 $725.00 $800.00 $875.00
Lateral Iinstallation with optional cleanout to existing manhole: with clean out:
2018-19 2019-20 2020-21 2021-22 2022-23
$650.00 $800.00 $950.00 $1,050.00 $1,150.00 Core drilling into existing manhole base – add:
2018-19 2019-20 2020-21 2021-22 2022-23
$600.00 $900.00 $1,200.00 $1,450.00 $1,500.00
Installation of new manhole over existing sewer: manhole:
2018-19 2019-20 2020-21 2021-22 2022-23
$1,200.00 $1,400.00 $1,600.00 $1,800.00 $1,900.00
Gas Flap Installation – add:
2018-19 2019-20 2020-21 2021-22 2022-23
$450.00 $455.00 $460.00 $465.00 $470.00
INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for
plan check.
If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before the District finals the sewer project.
OCSD-XX-5
The Board of Directors of the Orange County Sanitation District does further hereby
ORDAIN:
SECTION 2. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances,
shall not be affected. SECTION.3. Effective Date. This Ordinance shall take effect July 1, 2019.
SECTION 4. Certification and Publication. 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 a majority vote of of the Board of Directors of the
Orange County Sanitation District at a Regular Meeting held on May 22, 2019.
______________________________ David John Shawver Chairman, Board of Directors Orange County Sanitation District
ATTEST:
____________________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District
APPROVED AS TO FORM:
____________________________________ Bradley R. Hogin General Counsel
Orange County Sanitation District
OCSD-XX-6
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 24th day of April 2019, and passed and adopted at a regular meeting of said Board on the 22nd day of May 2019, by the following vote, to wit:
AYES:
NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 22nd day of May 2019. _______________________________
Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District
OCSD-XX-1
ORDINANCE NO. OCSD-XX
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.06 OF ARTICLE II, TABLE A, TABLE B, AND
TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING
CAPITAL FACILITY CAPACITY CHARGES WHEREAS, the Board of Directors of the Orange County Sanitation District adopted
Ordinance No. OCSD- 50 on March 28, 2018 adopting Capital Facilities Capacity Charges;
and
WHEREAS, the Board of Directors of the Orange County Sanitation District wishes
to revise Section 2.06 of Article II, Table A, Table B, and Table C to more clearly define
the categories for charges.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
SECTION 1: Section 2.06 of Article II, Table A, Table B and Table C of Ordinance
No. OCSD-50 are hereby amended as follows:
OCSD-XX-2
TABLE A CAPITAL FACILITIES CAPACITY CHARGES (CFCC) NON-RESIDENTIAL
Use Category Rate Basis Base Charge
Low Demand2 Per 1,000 square feet1 $ 332.001
Average Demand4,5 Per 1,000 square feet $2,066.001
High Demand3 Per 1,000 square feet $4,908.001 1Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $4,228; and all calculations shall be on a 1,000 square foot, or portion thereof,
basis.
2Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards; Lumber/Construction Yards; Public Storage Buildings; and other facilities whose wastewater discharge is similar to
these listed categories. 3High Demand connections are the following categories of users: Food/Beverage Service Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more
Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to these listed categories. 4All other connections are Average Demand users including: Church Offices and Schools;
Hotels, Shopping Centers/Strip Malls without food/beverage service establishments, Music Halls without food facilities, Office buildings, Senior Housing with individual living units without kitchens but with a common kitchen 5 Residential Accessory Structures such as workshops and hobby shops that connect to
the sewer, will be charged at the average demand rate and the minimum charge does not apply.
OCSD-XX-3
TABLE B
CAPITAL FACILITIES CAPACITY CHARGES (CFCC) RESIDENTIAL (PER UNIT)*
Single Family Residential (SFR)1 Base Charge
5+ Bedrooms $5,877.00 4 Bedrooms $5,031.00 3 Bedrooms $4,228.00 2 Bedrooms $3,425.00 1 Bedroom $2,621.00
Multi-Family Residential (MFR)2 Base Charge 4+ Bedrooms $4,566.00 3 Bedrooms $3,763.00 2 Bedrooms $2,960.00
1 Bedroom $2,114.00
Studio3 $1,353.00
*The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate
that is a percentage of the base rate depending on the size of the unit. The schedule for
the base rate shall be as follows:
2018-19 2019-20 2020-21 2021-22 2022-23
$4,228 $4,601 $4,973 $5,346 $5,719
1 Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other
enclosed addition which could potentially be used as a bedroom are included in this
category. The classification of these additions will be reviewed and determined by staff. 2 MFR units consist of multiple attached units that are not sold individually and receive one secured property tax bill such as apartments. Multiple attached units that are not sold
individually and are senior housing with individual living units that include a kitchen are
considered MFR units. 3 Studio – one single room with no separating doors or openings leading to another part of the room (except for a bathroom).
Live/Work units will be charged at the residential rate for the living quarters and at the non-residential rate for the work portion square footage.
OCSD-XX-4
TABLE C
PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS
Lateral installation to property line:
2018-19 2019-20 2020-21 2021-22 2022-23
$575.00 $650.00 $725.00 $800.00 $875.00
Lateral installation with optional cleanout to existing manhole:
2018-19 2019-20 2020-21 2021-22 2022-23
$650.00 $800.00 $950.00 $1,050.00 $1,150.00 Core drilling into existing manhole base – add:
2018-19 2019-20 2020-21 2021-22 2022-23
$600.00 $900.00 $1,200.00 $1,450.00 $1,500.00
Installation of new manhole over existing sewer:
2018-19 2019-20 2020-21 2021-22 2022-23
$1,200.00 $1,400.00 $1,600.00 $1,800.00 $1,900.00
Gas Flap Installation – add:
2018-19 2019-20 2020-21 2021-22 2022-23
$450.00 $455.00 $460.00 $465.00 $470.00
INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for
plan check.
If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before the District finals the sewer project.
OCSD-XX-5
The Board of Directors of the Orange County Sanitation District does further hereby
ORDAIN:
SECTION 2. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances,
shall not be affected. SECTION.3. Effective Date. This Ordinance shall take effect July 1, 2019.
SECTION 4. Certification and Publication. 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 a majority vote of the Board of Directors of the Orange
County Sanitation District at a Regular Meeting held on May 22, 2019.
______________________________ David John Shawver Chairman, Board of Directors Orange County Sanitation District
ATTEST:
____________________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District
APPROVED AS TO FORM:
____________________________________ Bradley R. Hogin General Counsel
Orange County Sanitation District
OCSD-XX-6
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 24th day of April 2019, and passed and adopted at a regular meeting of said Board on the 22nd day of May 2019, by the following vote, to wit:
AYES:
NOES: ABSTENTIONS: ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 22nd day of May 2019.
_______________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District
ORDINANCE NO. OCSD-50
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT ADOPTING
CAPITAL FACILITIES CAPACITY CHARGES AND REPEALING
ORDINANCE NO. OCSD-40 AND ORDINANCE NO. OCSD-42
WHEREAS, Health & Safety Code Section 5471 authorizes the Board of
Directors of the Orange County Sanitation District ("District") to impose fees and other
charges for services and facilities furnished by the District in connection with the District's
wastewater collection, treatment, disposal, and reuse system; and
WHEREAS, the District imposes Capital Facilities Capacity Charges on new
users and Supplemental Capital Facilities Capacity Charges on specified existing users.
These charges are set forth in Ordinance No. OCSD-40, as amended by Ordinance No.
OCSD-42; and
WHEREAS, the District recently retained Carollo Engineers to evaluate the
District's projected revenue needs and recommend service fees and capacity charges for
the period July 1, 2018 to June 30, 2023. In December of 2017, Carollo Engineers issued
its "Final Report and Recommendations on Wastewater Rates, Fees, and Charges"
("Carollo Report"). The District's Board of Directors received the Carollo Report on
December 20, 2017, and the Carollo Report is on file with the District; and
WHEREAS, the Carollo Report recommended that the District (1) increase
the residential CFCC from $3,855 per equivalent dwelling unit to $5, 719 per equivalent
dwelling unit by 2023, and (2) increase the commercial-industrial CFCC from $2,000 per
1,000 square feet to $3,639 per 1,000 square feet by 2023; and
WHEREAS, the recommendations set forth in the Carollo Report are based
on various studies and plans including, among others, financial forecasts and the District's
2017 Facilities Master Plan ("Master Plan"). The Master Plan identified the capital
improvement projects that will be needed over the next 20 years, and estimated the cost
of each project. The District's Board of Directors adopted the Master Plan on December
20,2017;and
WHEREAS, on Wednesday, March 28, 2018 at 6:00 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis Avenue,
Fountain Valley, California, the District held a properly noticed public hearing, and received
and considered comments concerning the proposed charges; and
WHEREAS, the Board of Directors has carefully reviewed the Carollo Report
and considered oral and written comments from the public, Board Members, District staff,
and District consultants made at and prior to the March 28, 2018 public hearing;
OCSD-50-1
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
SECTION I. Adopt Capital Facilities Capacity Charges
ARTICLE I:
ARTICLE II:
TABLE OF CONTENTS
RECITAL OF FINDINGS
Section 1.01. Findings -Declaration of Intent
CAPITAL FACILITIES CAPACITY CHARGES
Section 2.01. Purpose and Scope
Section 2.02. Definitions
Section 2.03. Connection Permits: Required
Section 2.04. Capital Facilities Capacity Charge: Payment
Section 2.05. Capital Facilities Capacity Charge:
Time of Payment
Section 2.06. Capital Facilities Capacity Charge:
Schedule of Amounts
Table A Capital Facilities Capacity Charges -Non-Residential
Table B Capital Facilities Capacity Charges -Residential
Table C Plan Check and Inspection Fee Schedule
Section 2.07. Supplemental Capital Facilities Capacity
Charge: Significant Commercial -Industrial
Users -Special Purpose Dischargers -Definitions
Section 2.08. Supplemental Capital Facilities Capacity Charge: New
Significant Commercial -Industrial Users
Section 2.09. Supplemental Capital Facilities Capacity
Charge: New Special Purpose Dischargers
Section 2.10. Supplemental Capital Facilities Capacity Charge:
Existing Significant Commercial -Industrial Users -
Special Purpose Dischargers
Table D Supplemental Capital Facilities Capacity
Charges
Section 2.11. Capital Facilities Capacity Charge: Replacement
Section 2.12. Capital Facilities Capacity Charge: Remodeled
Section 2.13. Accessory Dwelling Units
Section 2.14. Payment of Capital Facilities Capacity Charge: Off-Site
Sewers Not Part of Master Plan Relative to
Reimbursement Agreements
Section 2.15. No Refund or Transfer
Section 2.16. Baseline Transferability
Section 2.17. Capital Facilities Capacity Charge: Annual Updates
Section 2.18. Affordable Housing Projects
OCSD-50-2
ARTICLE Ill: MISCELLANEOUS
Section 4.01. Application of Ordinance
Section 4.02. Exceptions
Section 4.03. Out of Area Sewer Service Agreements
ARTICLE I
RECITAL OF FINDINGS
Section 1.01. Findings. Based on substantial evidence in the record, the
Board of Directors hereby finds as follows:
A. The District operates a system for the collection, treatment, disposal,
and reuse of wastewater ("System"). The System protects human health and the
environment from the potentially harmful effects of wastewater.
B. The District regularly constructs, reconstructs, repairs, and/or
rehabilitates System facilities through capital improvement projects ("Capital Projects").
The District recovers the cost of Capital Projects through Capital Facilities Capacity
Charges imposed on new users and Supplemental Capital Facilities Capacity Charges
imposed on specified existing users. This Ordinance imposes Capital Facilities Capacity
Charges and Supplemental Capital Facilities Capacity Charges as recommended in the
Carollo Report.
C. The District will use the revenues from Capital Facilities Capacity
Charges and the Supplemental Capital Facilities Capacity Charges to fund future Capital
Projects and/or repay principal and interest on debt incurred in connection with past
Capital Projects. The revenues shall not be used for the acquisition or construction of new
local street sewers or laterals as distinguished from main trunk, interceptor and outfall
sewers.
D. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance are based on the information
and analysis set forth in the Carollo Report and the Master Plan, both of which were made
available to the public in accordance with Government Code Section 66016 and other
provisions of law.
E. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance do not exceed the estimated
reasonable cost of providing the wastewater collection, treatment, disposal, and reuse
services for which the fees are charged. The manner in which the costs are allocated to
each payor bears a fair or reasonable relationship to the payor's burdens on , and benefits
received from, the District's System.
OCSD-50-3
F. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance will retire debt and fund capital
projects necessary to maintain service within the District's existing service area.
Therefore, 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).
G. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance are not imposed as an "incident
of property ownership" within the meaning of Article XlllD of the California Constitution.
Thus, the substantive and procedural requirements of Article XlllD do not apply.
H. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance have been approved by the
District's Board of Directors at a noticed public meeting, all in accordance with applicable
provisions of law.
ARTICLE II
CAPITAL FACILITIES CAPACITY CHARGES
Section 2.01. Purpose and Scope. This Ordinance is designed to ensure
that each user pays his or her fair share of the costs of Capital Projects, based on the
burden that each user places on the System. The District will use revenues generated by
this Ordinance to (i) fund future Capital Projects, and (ii) repay principal and interest on
debt incurred in connection with past Capital Projects.
Section 2.02. Definitions.
A. "Actual construction costs" include the cost of all activities necessary
or incidental to the construction of the District facility, such as financing, planning,
designing, acquisition of the property or interests in the property, construction,
reconstruction, rehabilitation, and repair.
B. "Capital Facilities Capacity Charge" means a one-time, non-
discriminatory charge imposed at the time a building or structure is newly connected to the
District's System, directly or indirectly, or an existing structure or category of use is
expanded or increased. Said charge is to pay for the District facilities in existence at the
time the charge is imposed, or to pay for new facilities to be constructed in the future, that
are of benefit to the property being charged. This charge does not apply to temporary
facilities or operations that are regulated under the provisions of a Special Purpose
Discharge Permit. A schedule of the Capital Facilities Capacity Charges specified herein
will be on file in the Office of the Board Secretary of the District, and in the Building
Department of each City within the District.
C. "Connection fee" means a fee equal to the cost necessary to
physically connect a property to the District's System, including but not limited to,
installation of meters, meter boxes, pipelines, and appurtenances to make the connection
OCSD-50-4
and which fee does not exceed the actual cost of labor, materials, and overhead for the
installation of those facilities.
D. "Non-discriminatory" means that the Capital Facilities Capacity
Charge does not exceed an amount determined on the basis of the same objective criteria
and methodology applicable to comparable public or non-public users, and is not in excess
of the proportionate share of the cost of the District's facilities of benefit to the person or
property being charged, based upon the proportionate share of use of those facilities.
E. "Public agency" means the United States or any of its agencies, the
State or any of its agencies, the Regents of the University of California, a county, city,
district, school district, local or regional public authority, or any other political entity,
subdivision or public corporation of the State.
F. The Supplemental Capital Facilities Capacity Charge, as provided for
in Sections 2.07, 2.08, 2.09, and 2.10 of this Ordinance, is an annual charge payable to
the District on a quarterly or annual basis, as determined by the District. Said charge is
required to be paid by dischargers that exceed the maximum quantity of flow or
constituents (BOD or SS) allowed as a base use for which the Capacity Charge is paid.
G. "Accessory Dwelling Unit" means an attached or detached residential
dwelling unit which provides complete independent living facilities for one or more persons,
includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family dwelling is situated, and has been approved by a local
agency pursuant to Government Code Section 65852.2 and/or a local ordinance.
Section 2.03. Connection Permits: Required .
A. Connection permits are required of each and every dwelling unit, and
each commercial or industrial building, and structure connecting directly or indirectly to the
District's sewerage system facilities. Included are the connections of laterals to local
municipal sewerage facilities, and the connection of local municipal sewerage facilities and
laterals to the District's facilities. Multiple detached structures on a single parcel of
property shall each be required to obtain a connection permit.
B. Except as authorized by the issuance of a Special Purpose Discharge
Permit under Sections 305 -305.6 of the District's Wastewater Discharge Regulations, or
as authorized pursuant to a special extra territorial service agreement approved by the
Board of Directors, no permit shall be valid unless the real property to be served by use of
the permit is included within the boundaries of the District and within the boundaries of a
local sewering agency authorized to maintain public sewering facilities. However, a permit,
as authorized above, may be issued for property to be served outside the boundaries of a
local sewering agency if a local sewering agency makes application for the issuance of
such permit.
There will be a non-discriminatory Capital Facilities Capacity Charge assessed to
public agencies for connecting directly or indirectly to the District's sewerage system
facilities, and a connection permit must be obtained.
OCSD-50-5
Section 2.04. Capital Facilities Capacity Charge: Payment Required. No
application for a permit for a connection of a structure to the District's sewerage facility,
or to any sewerage facility which discharges into the District sewerage facility, shall be
approved, nor a permit issued, until the District's Capital Facilities Capacity Charge is paid
by the applicant, except as provided for discharges under a Special Purpose Discharge
Permit. No connection permit shall be issued unless there is an established category of
use of the property to be served or a valid building permit issued which establishes the
category of use of said property.
Section 2.05. Capital Facilities Capacity Charge: Time of Payment.
A. Payment of the Capital Facilities Capacity Charge established by this
Ordinance for connection to the District's sewerage system facilities shall be required at
the time of issuance of the building permit for all construction within the District, except in
the case of a building legally exempt from the requirement of obtaining a permit. The
payment of the Capital Facilities Capacity Charge for such exempt buildings will be
required at the time of and prior to the issuing of a plumbing connection permit for any
construction within the territorial limits of the District, or if none, prior to the issuance of a
Certificate of Occupancy.
B. Upon application of any property owner seeking to connect to the
District's sewerage system, the General Manager or his designee, upon a finding of
compelling need, may, pursuant to the authority of California Health & Safety Code Section
5474, approve of an agreement with the property owner for the payment of the applicable
connection charge and/or annexation fees in installment payments over a period of not to
exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten
(10%) percent per annum and that the charges and interest shall constitute a lien on the
property.
Section 2.06. Capital Facilities Capacity Charge and Plan Check a~nd
Inspection Fees: Schedule of Amounts.
A. Every person or entity connecting any new or expanded building or
structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in
the amount for the applicable category of use set forth on Table A & B, below.
B. Every person or entity connecting any new or expanded building or
structure directly to the District's local or regional system facilities shall pay Plan Check
and Inspection Fees in the amount set forth n Table C, below.
OCSD-50-6
TABLE A
CAPITAL FACILITIES CAPACITY CHARGES (CFCCl
NON-RESIDENTIAL
Use Categmy
Low Demand2
Average Demand4.s
High Demand3
Rate Basis
Per 1,000 square feet1
Per 1,000 square feet
Per 1,000 square feet
Base Cha rg e
$ 332.001
$2,066.001
$4,908.001
1Provided that the minimum Capital Facilities Capacity Charge for such new construction
shall be $4,228; and all calculations shall be on a 1,000 square foot, or portion thereof,
basis.
2Low Demand connections are the following categories of users: Parking Structures;
Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards;
Lumber/Construction Yards; Public Storage Buildings; and other facilities whose
wastewater discharge is similar to these listed categories. Parking Structures not
connected to the sewer will not be charged.
3High Demand connections are the following categories of users: Food/Beverage Service
Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car
Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more
Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile
Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to
these listed categories.
4All other connections are Average Demand users including: Church Offices and Schools;
Hotels, Shopping Centers/Strip Malls without food/beverage service establishments,
Music Halls without food facilities, Office buildings, Senior Housing with individual living
units without kitchens but with a common kitchen
5 Residential Accessory Structures such as workshops and hobby shops that connect to
the sewer, will be charged at the average demand rate and the minimum charge does not
apply.
OCSD-50-7
TABLE B
CAPITAL FACILITIES CAPACITY CHARGES {CFCCJ
RESIDENTIAL (PER UNIT)*
Single Family Residential (SFR)1
5+ Bedrooms
4 Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom
Multi-Family Residential (MFR)2
4+ Bedrooms
3 Bedrooms
2 Bedrooms
1 Bedroom
Studio3
Base Charge
$5,877.00
$5,031 .00
$4,228.00
$3,425.00
$2,621.00
Base Charge
$4,566.00
$3,763.00
$2,960.00
$2, 114.00
$1 ,353.00
*The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate
that is a percentage of the base rate depending on the size of the unit. The schedule for
the base rate shall be as follows:
2018-19
$4,228
2019-20 2020-21
$4,601 $4,973
2021-22
$5,346
2022-23
$5,719
1 Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed
loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other
enclosed addition which could potentially be used as a bedroom are included in this
category. The classification of these additions will be reviewed and determined by staff.
2 MFR units consist of multiple attached units that receive one secured property tax bill
such as apartments. Senior housing with individual living units that include a kitchen are
considered MFR units.
3 Studio -one single room with no separating doors or openings leading to another part of
the room (except for a bathroom).
Live/Work units will be charged at the residential rate for the living quarters and at the non-
residential rate for the work portion square footage.
OCSD-50-8
TABLE C
PLAN CHECK AND INSPECTION FEE TABLE
INSPECTION FEES FOR SINGLE CONNECTIONS
Lateral installation to property line:
2018-19
$575.00
2019-20
$650.00
2020-21
$725.00
2021-22
$800.00
Lateral Installation to existing manhole with clean out:
2018-19
$650.00
2019-20
$800.00
2020-21
$950.00
2021-22
$1,050.00
Core drilling into existing manhole base -add:
2018-19
$600.00
2019-20
$900.00
2020-21
$1,200.00
2021-22
$1,450.00
Installation of new manhole over existing manhole:
2018-19 2019-20 2020-21 2021-22
$1,200.00 $1,400.00 $1,600.00 $1,800.00
Gas Flap Installation -add:
2018-19 2019-20 2020-21 2021-22
$450.00 $455.00 $460.00 $465.00
INSPECTION FEES FOR MULTIPLE CONNECTIONS
2022-23
$875.00
2022-23
$1,150.00
2022-23
$1,500.00
2022-23
$1,900.00
2022-23
$470.00
Plan check and inspection fees of 20 percent of the sewer construction cost for new tract
sewers, sewer extensions or special facilities are required when plans are submitted for
plan check.
If additional funds are needed, they must be deposited as soon as they are requested to
complete the inspection on the project. If funds are required after the work is completed,
they must be paid before the District finals the sewer project.
OCSD-50-9
Section 2.07. Supplemental Capital Facilities Capacity Charge: Significant
Commercial -Industrial Users and Significant Special Purpose Dischargers -Definitions.
A. A Significant Commercial -Industrial User ("SCIU") is any person or
entity who discharges commercial or industrial process flow, but excluding domestic
sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical
Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS")
greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit,
as prescribed by Article 3 of the District's Wastewater Regulations, due to having federally
or the District regulated or significant discharges.
B. A Significant Special Purpose Discharger ("SSPD") is any person or
entity who discharges to the sewer system wastewater or process flow in an amount
greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is
required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of the
District's Wastewater Regulations. A Special Purpose Discharger (SPD) discharges
25,000 gpd or less.
C. An Existing SCIU or SSPD is any SCIU or SSPD connected and
discharging to the District's system prior to January 1, 2000.
D. A New SCIU or SSPD is any user who connects and discharges to
the District's System pursuant to a Waste Discharge Permit issued on or after January 1,
2000; or if previously connected and not an SCIU, as defined in Subparagraphs 2.07A and
B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as
to constitute an SCIU or SSPD.
E. The maximum discharge allowed to a user, for which a base Capital
Facilities Capacity Charge is paid, as per Table A, above, is 25,000 gallons per day ("gpd"),
or 150 pounds per day each of BOD and SS (the "base use"). Discharge of flow, or BOD,
or SS in amounts greater than allowed by this Subsection 2.07E shall be subject to the
provisions of Sections 2.08 and 2.09 hereof.
F. Each Existing SCIU shall have a baseline of allowed discharge of
flow, and BOD, and SS established by the the District as of January 1, 2000. The baseline
shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge
data which the District determines is representative of the user's actual annual discharge
to the sewerage system. Dischargers who are deemed to be SCIU's solely because of
the requirements to obtain a Waste Discharge Permit, pursuant to Section 2.07 A above,
shall have a minimum baseline established as follows: Flow -25,000 gallons per day;
BOD -150 pounds per day; and SS -150 pounds per day. The SCIU shall be authorized
to discharge flow, and BOD, and SS up to the baseline amounts without payment of a
Supplemental Capital Facilities Capacity Charge.
G. Each Existing SPD shall have a baseline of 25,000 gpd. The Existing
SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a
Supplemental Capital Facilities Capacity Charge.
OCSD-50-10
H. The Supplemental Capital Facilities Capacity Charge, as prescribed
by Sections 2.08, 2.09, and 2.10 below, shall be payable commencing with the effective
date of this Ordinance.
Section 2.08. Supplemental Capital Facilities Capacity Charge: New
Significant Commercial -Industrial Users. In addition to the base Capital Facilities
Capacity Charge, as prescribed in Table A, for commercial -industrial use category
properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for
each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge
maximums, in the amount shown in Table D.
Section 2.09. Supplemental Capital Facilities Capacity Charge: Significant
Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital Facilities
Capacity Charge of $.001948 per gallon per day for each gallon of flow exceeding 25,000
gallons per day.
Section 2.10. Supplemental Capital Facilities Capacity Charge: Exjsting1
Significant Commercial -Industrial Users and Special Purpose Dischargers.
A. All Existing Significant Commercial -Industrial Users connected to
and discharging to the District's System shall be required to pay a Supplemental Capital
Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow
of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline
authorization, whichever is lesser; or (ii) an increase of either BOD or SS discharge of 150
pounds each per day, or 25% each per day, whichever is lesser, over its established
baseline authorization. The daily averages will be based on the daily discharges for a
year, utilizing discharge records and reports of the discharger or the District.
B. The Supplemental Capital Facilities Capacity Charge shall be in the
following amounts for each component that is increased as provided in Section 2.1 QA
above.
FLOW
BOD
SS
TABLED
SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES
Dally Charge·
2018-19
$0.001948
$0.427550
$0.231510
2019-20 2020-21 2021-22 2022-23
$0.001960 $0.001972 $0.001984 $0.001996
$0 .440380 $0 .453590 $0 .467200 $0 .48121 0
$0.240770 $0.250410 $0.260420 $0.270840
OCSD-50-11
FLOW -Gallons Per Day
BOD -Pounds Per Day
SS -Pounds Per Day
C. All Existing SPDs connected and discharging to the sewer shall be
required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an
increase of discharge flow over 25,000 gpd . The Supplemental Capital Facilities Capacity
Charge shall be $ 0.001948 per gallon per day of discharge for each gallon above 25,000
gpd.
D. The Supplemental Capital Facilities Capacity Charge shall be
calculated on the basis of the average daily quantity of discharge in excess of the User's
baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges
for a year, utilizing discharge records and reports of the District.
Section 2.11. Capital Facilities Capacity Charge: Replacement Structures.
For new construction replacing former structures, the Capital Facilities Capacity Charge
shall be calculated and paid to the District on the rate basis of the category of the new use
and the amounts as set forth in Tables A and B, less a credit amount, up to the amount of
the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Tables A
and B that would be for the prior category of use which was terminated and removed.
Section 2.12. Capital Facilities Capacity Charge: Remodeled Structures. In
the case of existing structures connected to the District's system facilities, to which new
construction or alteration is made to change or increase the category of use or number of
bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the District
on the rate basis of the category of the new use and the amounts as set forth in Tables A
and B, less a credit amount, up to the amount of the new Capital Facilities Capacity
Charge, equal to a charge, as prescribed in Tables A and B for the prior category of use.
Section 2.13. Accessory Dwelling Units. Notwithstanding Section 2.12,
pursuant to Government Code Section 65852.2, the District shall not collect Capital
Facilities Capacity Charges from any ADU if the unit is contained within the existing space
of a single-family residence or accessory structure, has independent exterior access from
the existing residence, and the side and rear setbacks are sufficient for fire safety.
Section 2.14. Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not
Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to
off-site sewers which are not included as part of the District Master Plan and for which a
Non-Master Plan Reimbursement Agreement has been entered into between the District
and the property owner, shall be paid in the amount provided for in said Agreement, to be
known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in
said Agreement shall be the amount due, provided the original Agreement is still in force.
The Non-Master Plan Capital Facilities Capacity Charge shall be in addition to the other
Capital Facilities Capacity Charges provided for in Sections 2.06 through 2.10
hereinabove, established for property connecting to said facilities.
OCSD-50-12
Section 2.15. No Refund or Transfer. A Capital Facilities Capacity Charge is paid
for the connection of a specific building or structure on a parcel of property. No refund of
any charge shall be made because of non-use or change of use, or any other reason once
the connection has been made. If the connection is not made and the request for
connection is withdrawn within 12 months of the payment date, the charges paid will be
refunded upon establishing proof from the City or County of a canceled permit. The
connection permit is non-transferable to any other parcel of property.
Section 2.16. Baseline Transferability. The baseline of allowed discharge of flow,
BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall
not be transferable to a different property, nor shall a credit for such previously existing
baseline be provided to another SCIU concurrently or subsequently occupying the same
property for a different use. Each such SCIU shall pay Supplemental Capital Facilities
Capacity Charges in accordance with Section 2.08 above.
Section 2.17. Capital Facilities Capacity Charge Annual Updates. The Capital
Facilities Capacity Charge is based upon the most recently completed Facilities Master
Plan. This The non-residential charge will be updated annually based upon the increase
in the Engineering News-Record construction cost index for Los Angeles as of December
of the prior year until the completion of the next Rate Study. The residential charge will be
updated based upon the schedule of base fees in Table B.
Section 2.18. Affordable Housing Projects. Per Resolution OCSD 11-02,
development projects that include lower income housing units shall not be denied approval
of an application for service, nor shall conditions be imposed thereon or services reduced
which are applied for, unless the District makes specific written findings that the denial,
condition, or reduction is necessary due to the existence of one or more of the following:
(a) insufficient water supply or insufficient water treatment or distribution
capacity;
(b) a State Department of Health Services order prohibiting new water
connections;
(c) insufficient sewer treatment or collection capacity;
(d) a Regional Water Quality Control Board order prohibiting new sewer
connections;
(e) the applicant has failed to agree to reasonable terms and conditions
ARTICLE Ill
MISCELLANEOUS
Section 4.01. Application of Ordinance. The provisions of this Ordinance
shall be in addition to the provisions of the District's Wastewater Discharge Regulations
for use of the District's sewage facilities, including provisions for payment of charges or
fees related thereto; the District's ordinance establishing Fees Concerning Annexations of
OCSD-50-13
Territory to the District; and any other the District Ordinances and Resolutions not in
conflict herewith.
Section 4.02. Exceptions. The provisions of this Ordinance shall apply to all
owners of properties within the District, 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,
except as expressly provided herein.
Section 4.03 Out of Area Sewer Service Agreements. The District is
empowered to contract for the transport, treatment and disposal of wastewaters originating
within areas outside of the District if it is in the best interest of the District to do so. These
Out of Area Sewer Service Agreements will establish fees and charges relative to the
services provided by the District for each individual agreement.
The Board of Directors of the Orange County Sanitation District does further hereby
ORDAIN:
SECTION II. Severability. If any provision of this Ordinance, or the application to any
person or circumstances is held invalid by order of Court, the remainder of the Ordinance,
or the application of such provision to other persons or other circumstances, shall not be
affected.
SECTION Ill. Effective Date. This Ordinance shall take effect July 1, 2018.
SECTION IV. Repeal. Ordinance No. OCSD-40 and Ordinance No. OCSD-42 are
hereby repealed.
SECTION V. Certification and Publication. 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.
OCSD-50-14
PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of
Directors of the Orange County Sanitation District at a Regular Meeting held on March 28,
2018.
ATTEST:
Orange County Sanitation District
APPROVED AS TO FORM:
General Counsel
Orange County Sanitation District
Gr ,_ory -~~LS =: Board of Directors
Orange County Sanitation District
OCSD-50-15
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-50 was introduced for
first reading at a regular meeting of said Board on the 28th day of February 2018, and
passed and adopted by a vote of not less than two-thirds at a regular meeting of said
Board on the 28th day of March 2018, by the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Barnes; Bernstein; Blazey (Alternate); Collacott; Deaton;
Ferryman; Jones; Kim ; R. Murphy; Nagel; Nguyen; Parker;
Peotter; Peterson; Sebourn; Shawver; F. Smith; T. Smith;
Wagner; Withers; and Yarc
None
None
Hawkins; Steel; Tinajero; and Wanke
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 28th day of March, 2018.
Kelly . Lor ,
Clerk A the oard
Orange County Sanitation District
OCSD-50-16
Page 1 of 1
ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 6 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT: FY 2019-20 OPERATING BUDGET UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only
BACKGROUND
Discussion of the Orange County Sanitation District (Sanitation District) FY 2019-20 Budget Update was initiated at the February 13, 2019 Administration Committee meeting. Additional materials are being provided to further this discussion (attached). Included in
the materials are line-item expenditure details for the Operating Budget. Staff will make a brief presentation at the Committee meeting.
The Budget Update, effective July 1st of this year, will be presented for re-adoption at the June 26, 2019 Board meeting.
RELEVANT STANDARDS
•Produce Operations and CIP budgets every two years with annual update
PRIOR COMMITTEE/BOARD ACTIONS
The FY 2018-19 and 2019-20 biennium budget was adopted on June 27, 2018.
FINANCIAL CONSIDERATIONS
The FY 2019-20 Budget Update being proposed for re-adoption on June 26, 2019 is to
operate and maintain the Sanitation District facilities in a fiscally responsible manner.
ATTACHMENTS
The following attachment(s) are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
•FY 2019-20 Budget Update Development – Expenditure Summary
•FY 2019-20 Budget Update Development – Additional Detail
2019-20
2018-19 2018-19 2019-20 Proposed
Description Adopted Projected Adopted Revision
1 Salaries, Wages & Benefits 96.0$ 94.0$ 98.2$ 98.4$
2 Contractual Services 25.2 22.7 22.1 22.0
3 Repairs & Maintenance 21.7 17.8 19.3 23.5
4 Operating Materials & Supplies 15.7 16.6 18.9 21.0
5 Utilities 7.5 8.3 9.0 9.3
6 Professional Services 5.4 4.6 4.6 5.6
7 Other Operating Supplies 5.3 4.7 4.2 4.7
8 Administrative Expenses 2.0 1.7 1.9 2.0
9 Research & Monitoring 1.1 1.0 1.1 1.1
10 Training & Meetings 1.1 0.9 1.0 1.1
11 Printing & Publication 0.3 0.3 0.3 0.3
12 Cost Allocation (20.1) (20.3) (20.4) (20.4)
Net Operating Requirements 161.2$ 152.3$ 160.2$ 168.6$
Total FY 18-19 & FY 19-20 Adopted Budgets 321.4$
Total FY 18-19 Projected & FY 19-20 Proposed Budget 320.9$
2019-20 Budget Update Development - Expense Summary
(In Millions)
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
1
1)SALARIES, WAGES & BENEFITS $94.0 $98.2 $98.4
1a) Salaries & Wages $67.1 $69.4 $69.6
Salaries for 636 full-time equivalent (FTE) positions approved in the FY 2018-19 and 2019-20 biennium budget are included in this line item. The increase is attributable to
planned salary increases per bargaining agreements that are currently being negotiated. The Vacancy Factor was set at 5 percent based on trend information.
The adopted budget included 636 FTE’s. The proposed budget includes an additional 4 FTE’s. The increase in cost is included in the proposed budget. and will be partially
funded from the reduction of other line items. It is anticipated that these additions will provide future savings in contracted services.
1b) Leave Payoffs $2.2 $2.6 $2.4
Leave Payoffs for retirements are anticipated to be in line with recent history reflecting
retirements of long-term employees.
1c) Overtime $2.2 $2.1 $2.4
Overtime is proposed to remain relatively flat in FY 2019-20. Of the $2.4 million total
proposed in FY 2019-20, $2.2 million is budgeted in Operations and Maintenance
primarily for required overtime as the plants are in operation 24/7 (vacation, sick, shift overlap), emergencies, unscheduled maintenance, backlog, and off-shift construction support. The remaining $200,000 is budgeted in other divisions and has remained essentially the same.
1d) Orange County Emp. Ret. System $10.7 $10.9 $11.4
District employees are members of the Orange County Employees’ Retirement System (OCERS). The employer’s required contribution rates slightly increased this year after remaining relatively flat following the payoff of the District’s unfunded actuarial accrued liability beginning in the fall of 2015 that had reached a high of close to $200 million.
1e) Group Insurance $10.4 $11.5 $11.0
Includes Medical, Dental, Vision, Life Insurance, Medicare, and Disability. In FY 2019-20, the proposed group insurance budget approximates $17,197 per employee (640 proposed full-time equivalent positions).
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
2
1f) Benefits, Other $1.4 $1.6 $1.6
Includes Workers’ Compensation, Tuition Reimbursement, Development Pay, and Uniform Rental. Workers’ Compensation ($0.6 million in FY 2018-19 and $0.8 million in FY 2019-20) is used to maintain the level of accumulated reserves within the Workers’ Compensation self-insurance funds. The Development Pay Program ($470,000) is intended to promote employee efforts that increase job knowledge, skills, and abilities.
2)CONTRACTUAL SERVICES $22.7 $22.1 $22.0
2a) Solids Removal $15.8 $12.5 $13.4
Biosolids – For FY 2019-20, biosolids production is estimated to be 214,000 wet tons. The cost is projected to decrease 15.2 percent in FY 2019-20 to $13.4 million from the
current year projection of $15.8 million because the expected %TS is assumed to
increase from 19.5% to 27% with new centrifuges. The proposed budget for FY 2019-20 is more than the previously adopted FY 2019-20 budget due to an increase in hauling costs.
2b) Other Residual Solids and Waste $0.8 $0.8 $0.8
The other residual solids and waste category includes disposal costs for grit and screening waste, digester cleaning waste, and hazardous materials. The Grit and Screening budget includes supplying bins to collect then haul and dispose of grit,
screenings, and drying bed material to a landfill. The grit is generated from the grit
chambers, and the screenings is the material collected off the bar screens. Drying bed material is typically made up of the material cleaned out of pipes in the collection system by District crews and other city crews in the District’s service area. The budget for disposal of grit, screenings, and other waste is $841,000 in FY 2019-20.
2c) Groundskeeping/Janitorial/Security $2.2 $2.2 $2.2
The FY 2019-20 Security Services budget is $1.6 million based on the level of security services provided to the Sanitation District. The proposed budgets for Groundskeeping
and Janitorial Services have remained essentially the same.
2d) County Service Fee $0.5 $0.5 $0.5
The County Service Fee is the fee charged by the County of Orange for the inclusion of
the District’s sanitation fees on the County of Orange Property Tax Bill and for the
collection of these fees by the County on behalf of the District.
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
3
2e) Oxygen Plant Operations $0.3 $0.3 $0.3 The District Oxygen Plant has been decommissioned and currently, the activated sludge
plant operates solely with purchased oxygen. 2f) Temporary Services $0.6 $1.3 $0.8 Temporary Services are proposed to decrease in FY 2019-20 from the previously
adopted budget year due to reduced need and open positions being filled. 2g) Outside Lab Services $0.2 $0.3 $0.3 The District contracts out certain laboratory services that are not cost-efficient to perform in-house. Examples include air quality analyses, oil analyses for transformers and
internal combustion engines, contaminants of potential concern, and hi-resolution mass
spectroscopy. As approximately half of OCSD biosolids are reused in Arizona; contracted testing for those biosolids must meet the State of Arizona requirement for analyses to be performed in an Arizona certified laboratory.
2h) Contracted Services, Other $2.3 $4.1 $3.7 Approximately 70% of contracted services are in support of operating and maintaining the collection system and the treatment plants. Collection system services include line cleaning ($270K), closed circuit television of lines ($315K), manhole frame and cover rehabilitation and replacement ($400K), manhole structural repair and coating ($160K),
sewer repair and relining ($90K), root and pest control ($80K), and traffic control ($65K). Treatment plant services include Civil Assets Management Project (CAMP)-related support services for industrial cleaning ($315K) and coatings ($432K).
3) REPAIRS AND MAINTENANCE $17.8 $19.3 $23.5
3a) Materials & Services $14.5 $15.8 $19.8 The material and services budget supports the maintenance of the collection system and the treatment plants. Materials and services for the collections system include street overlays/manhole raising, manhole cover purchases, surveying services, and easement improvements and other materials and services ($350K). Plant maintenance materials
and services include: 2 CenGen overhaul ($3.6M), Digester cleaning ($1.7M),
emergency generator maintenance ($105K), clarifier rehabilitation ($1.1M),secondary clarifiers overhaul ($2.7M) and inlet gate replacement ($325K). Lastly, materials and services to maintain the District fleet ($374K).
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
4
The budget for basic scheduled, predictive, and preventive maintenance and emergency
maintenance are included in these budgets which are proposed based on historical
experience and cost trends. 3b) Service Agreements $3.3 $3.5 $3.7 Service contracts are mostly either computer-related or O&M maintenance-related.
Major contracts for Information Technology ($2.8M) include IBM Software Maintenance, Microsoft Enterprise License Agreements, Cisco Smart Net, Maximo support, disaster recovery hardware and software support, Oracle support, and various smaller service agreements. Contractor Support Services in the Operations and Maintenance Department manages all service contracts for the maintenance of the collection system
and treatment plants ($900K). These service agreements include crane certification, engine monitoring systems, door and gate maintenance, scale certification, tree trimming, pest control, fire extinguisher and fire sprinkler certification, Uninterruptible Power Supply electrical maintenance, scaffolding, and various other plant maintenance and service maintenance agreements covering various equipment located throughout
the District. Additional service maintenance agreements covering various equipment items are budgeted throughout the District.
4) OPERATING MATERIALS & SUPPLIES $16.6 $18.9 $21.0 4a) Chemical Coagulants $6.9 $8.4 $10.4
Anionic Polymer – Anionic polymer is added to the primary clarifiers in combination
with ferric chloride to enhance primary clarifier performance. Proposed costs will approximate the FY 19-20 Adopted Budget and the projected usage will remain approximately the same at 125,600 pounds. The anionic polymer budget for FY 2019-20 is $443,000.
Cationic Polymer – Cationic polymer is added to digested sludge prior to dewatering to improve the sludge and water separation process. Cationic polymer is also added to the waste activated sludge dissolved air flotation thickeners (DAFTs) to improve solids coagulation. During FY 2019-20, usage will be higher due to use of the centrifuges and
a 7.2% increase in unit price. The cationic polymer budget for FY 2019-20 is $4.8 million,
up from the previously approved amount of $4.5 million. Ferric Chloride – Ferric chloride is an iron salt which is used to increase the solids removal efficiencies in the primary treatment process and to control digester hydrogen
sulfide. As the amount of ferric chloride is optimized in primary treatment, additional
amounts of ferric chloride are added to the digesters to control hydrogen sulfide. The
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
5
proposed ferric chloride budget for FY 2019-20 is $5.1 million, up from the previously
approved amount of $3.4 million due to an approximately 50% unit price increase.
4b) Odor Control $6.5 $7.4 $7.4 Sodium Hydroxide (Caustic Soda) – Caustic soda (25%) is used in the foul air
scrubbers and in the District’s main trunk lines (50%) tributary to the treatment plants.
The total proposed caustic soda budget for FY2019-20 is $1.2 million. Muriatic Acid – Muriatic Acid (Hydrochloric Acid) is used to backwash the media in the foul air scrubbers, associated piping, and pumps. This cleans deposits caused by hard
water, sulfides from the reaction with the foul air, and caustic soda used in the scrubbing
process. Muriatic Acid is also used as a method for cleaning polymer tanks. The proposed budget for FY 2019-20 is $18,500. Magnesium Hydroxide, Trunklines – Magnesium hydroxide reduces the formation of
hydrogen sulfide in the collection system, which causes odor and corrosion. Contract
services include supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance services for odor control chemical dosing systems within the wastewater collection and conveyance system. The proposed budget for FY 2019-20 is $2.7 million, an increase of $663,510 from the
previously approved budget due to the Euclid trunk Odor Control facility coming on line. Ferrous Chloride, Trunklines – Ferrous Chloride is used in the trunks to reduce hydrogen sulfide generation. This contract provides supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance
services for odor control chemical dosing systems within the wastewater collection and
conveyance system. The previously approved and proposed budget in FY 2019-20 is $2.5 million. Calcium Nitrate, Trunklines – Calcium nitrate is a biological approach to controlling
odors in wastewater. It provides the naturally occurring bacteria with an alternate source of oxygen which, when metabolized, produces nitrogen gas as a byproduct rather than the sulfides produced by the naturally occurring sources of oxygen. This contract provides supply, tanks and delivery equipment, operational monitoring, sampling, reporting, and on-going maintenance services for odor control chemical dosing systems
within the wastewater collection and conveyance system. The FY 2019-20 proposed budget is $792,370. Bleach, Treatment Plant Odor Control – Bleach is used in treatment plant odor control scrubbers and has replaced more expensive chemicals. For FY 2019-20, staff proposes
a budget of $283,000, a $50,000 decrease over the previously approved budget. The
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
6
decrease is due to replacement of the current scrubbers with new bio scrubbers at the
dewatering process that consequently will decrease the bleach usage.
4c) Disinfection $0.2 $0.3 $0.2
Sodium Hypochlorite (Bleach) – The treatment plant bleach usage is for disinfection
of plant water and the control of filamentous organisms in activated sludge in the
secondary treatment process. The proposed budget for FY 2019-20 is $225,000, a decrease of $55,000. This is due to the expected decrease in bleach usage during FY 19-20 due to starting the operation of centrifugal solid dewatering (P2-92) that will eliminate the required backwash for belt filter press.
4d) Tools and Safety Equipment / Tools $1.1 $0.9 $1.1
O&M uses 74% of these budgets with another 17% budgeted in Risk Management. Costs include various personal protective equipment items required for job safety. Reflective vests are now required in the working treatment plants and collection system,
increasing expenses for safety equipment.
4e) Laboratory Chemicals and Supplies $0.6 $0.6 $0.6
Approximately 86% of this budget supports the Environmental Laboratory purchases of glassware, filtration supplies, solvents used for organic extractions, acids and bases used in metals digestion and glassware cleaning, reagents, a variety of standards used
in quality assurance of the tests, specialty gases, microbiology supplies and growth media, chromatography columns, test organisms for bioassay, toxicity, and various other laboratory supplies.
4f) Gas, Diesel, and Oil $0.6 $0.6 $0.6
Gasoline, compressed natural gas, diesel, and oil are used in the operation of the mobile equipment, within generators and other operating equipment. The future price of gasoline and natural gas are the major impacts to these budgets.
4g) Other $0.7 $0.7 $0.7
Other smaller operating expenses are collectively reported within this line item such as janitorial supplies, miscellaneous operating supplies, and property tax fees.
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
7
5) UTILITIES $8.3 $9.0 $9.3 5a) Power $6.3 $7.3 $7.3 Electricity – The estimated consumption and resulting costs for electrical energy purchased from Southern California Edison for the 2019-20 fiscal year are shown below and total $6,235,000. This estimate approximates the previously approved amount for FY 2019-
20, assuming the savings for battery utilization at Plant No.1. This budgetary number
contains no contingency and excludes the electricity requirements of all outlying pump stations.
Projected costs (FY 19-20)
Item Estimated Consumption Costs Proposed Budget
Value
55041
Plant No. 1 Energy Charges (kWh) 50,000,000 $0.06 $3,000,000
Facility Related Demand (kW) - Delivery 65,000 $8.65 $562,380
Power Demand (kW) - Generation (On-Peak) 20,000 $22.66 $453,200
Power Demand (kW) - Generation (Mid-Peak) 30,000 $4.22 $126,690
Plant No. 1 Other Charges $494,400 Total for Plant 1 $4,636,670 Total for Plant 1 (Including FE 17-03)* $4,236,670
55042
Plant No. 2 Energy Charges (kWh) 14,380,000 $0.06 $862,800 Facility Related Demand (kW) - Delivery 16,000 $8.70 $139,200
Power Demand (kW) - Generation (On-Peak) 3500 $22.66 $79,310
Power Demand (kW) - Generation (Mid-Peak) 18000 $4.07 $73,233
Plant No. 2 Fixed Charges $309,000
Total for Plant 2 $1,463,543
55043 Contracts Admin Trailers 35,000 Total Plants $5,735,213 55043 Laboratory $380,000
55043 Administration Building 760,000 $0.15 $120,000
Total $6,235,213
(*) It is assumed $400k saving due to battery utilization (FE 17-03)
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
8
5b) Water $0.7 $0.6 $0.8 Potable Water – The potable water budget includes the water supplied by the City of Fountain Valley for Plant No. 1 and the City of Huntington Beach for Plant No. 2. Approximately 5% of the potable water at Plant No. 1 is used for domestic uses and less than 1% is used for irrigation. Most of the irrigation at both plants uses reclaimed water. Less than 1% of the potable water used at Plant No. 2 is for domestic uses due to the
relatively small number of employees at Plant No. 2. The projected expense for FY 2018-19 is $709,000 and the proposed budget for FY 2019-20 is $772,000. 5c) Natural Gas $0.8 $0.6 $0.7 For the fiscal year of 2019-20, the estimated natural gas to be purchased from Southern
California Gas Company and the gas marketer (i.e., Constellation Energy) for Plants 1 and 2 and the associated costs are shown below:
FY 2019-20
User Estimated Consumption (Therm)
Cost
($ Per Therm)
Total Cost
($)
55031 P1 Cen Gen Normal Operation 280,000 $0.70 $196,000
55033 P1 Core Subscription 180,000 $1.00 $180,000
55032 P2 Cen Gen Normal Operation 400,000 $0.70 $280,000
55033 P2 Core Subscription 12,000 $1.10 13,200
Total 872,000 $669,200
The total FY 2019-20 gas unit cost is estimated higher than last year. Central Generation actual gas usage was higher with operation of engines for on peak and mid peak shaving during last summer. Due to recent volatile natural gas price in
Southern California, and the availability of 4.9 MW batteries during the next fiscal year
at Plant No.1, no peak shaving is considered during the on-peak hours at this plant. The “core subscription” is natural gas purchased directly from The Gas Company and used mainly for building heating and supplemental process heating. The natural gas
used for Central Generation is purchased from a gas marketer, Constellation Energy,
and transported through The Gas Company conveyance system at stipulated cost. The projected prices include the costs that will be paid to both entities.
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
9
5d) Telephone $0.5 $0.5 $0.5
Included in this line item is the funding for over 600 landlines and mobile phones for management and field staff, as deemed appropriate.
6) PROFESSIONAL SERVICES $4.6 $4.6 $5.6 6a) Legal Services $1.7 $1.2 $1.6 Legal services are services primarily provided by General Counsel for general legal support. Other specialized legal services from other firms are also included in this budgeted amount. 6b) Engineering Services $0.9 $1.1 $1.4 These services augment technical support for critical projects. In FY 2019-20 requested engineering services include support for corrosion assessment; coatings and cathodic protection; engineering support staffing for civil, mechanical, and instrumentation programs; and support to maintenance projects falling under the purview of the CAMP. 6c) Advocacy Efforts $0.2 $0.2 $0.2 These are consultant services for promoting the District’s interests in Sacramento and Washington D.C concerning legislation and funding. 6d) Audit and Accounting $0.2 $0.2 $0.2 These services represent the cost for the District’s independent annual financial audit and contracted internal auditing services. 6e) Software Program Consultant $0.3 $0.4 $0.4
These support costs are required to supplement programming staff as new software versions and new programs are implemented and revised; they are also in support of the SCADA/ (supervisory control and data acquisition) system for process monitoring and controlling.
6f) Other $1.3 $1.5 $1.8 Professional services also include labor and industrial hygiene services. Collectively reported within the line item, “Other” are various smaller services including succession
planning, pre-employment testing, actuarial services, performance management
consultant, local sewer service fee rate study, strategic outsourcing, development of lock-out – tag-out procedures, stratus environmental groundwater extraction, OCHCA
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
10
inspections, and grant applications, and an analysis of the business practices of the of
maintenance support services.
7) OTHER OPERATING SUPPLIES $4.7 $4.2 $4.7 7a) Property & General Liability Insurance $1.5 $1.7 $2.1
The District’s outside excess general liability insurance coverage is $40 million with a
self- insurance retention of $500,000. The District’s property insurance coverage of $1 billion for perils other than flood and earthquake, $300 million for flood, and $25 million for earthquake is subject to self-insurance retentions of $250,000 for all perils other than flood and earthquake, $100,000 for flood, and 5% per structure with a
minimum of $5 million for earthquake. The proposed appropriation is needed to fund insurance premiums, claims, and maintain the recommended level of reserve within the general liability and property self-insurance fund.
7b) Regulatory Operating Fees $0.8 $0.8 $0.8 Payments to the Regional Water Quality Control Board for the National Pollution Discharge Elimination System (NPDES) Permit and to the South Coast Air Quality Management District for permit fees.
7c) Other Operating $0.2 $0.4 $0.5 Other material, supplies, and services collectively reported within this line item. 7d) General Manager Contingency $0.7 $0.8 $0.8 These funds are centrally budgeted and expended through the direct discretion and
approval of the General Manager to support unanticipated District needs or requests of
the Board. 7e) Prior year Appropriations $0.4 $0.4 $0.4 Since the operating budget lapses at the end of each fiscal year, funds are needed to
be set aside for contacts, purchases, commitments, and other legal obligations that have been incurred prior to June 30 in the prior year, but goods or services have not been delivered until after June 30 in the new budget year. (Projected FY 2018-19 budget reflects application of these funds.)
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
11
7f) Other Non-Operating $1.1 $0.1 $0.1 Other non-operating expenses and obsolete inventory are in this group of expenses.
8) ADMINISTRATIVE EXPENSE $1.7 $1.9 $2.0 8a) Small Computer Items $0.8 $0.9 $0.9 New Computers/Notebooks/Tablets, printers, monitors, networking equipment,
computer peripherals, digital equipment, PDAs, digital cameras, etc.
8b) Memberships $0.6 $0.6 $0.6 OCSD’s largest membership costs are for District-wide participation in groups such as the National Association of Clean Water, the National Water Research Institute, the
Water Environment Research Foundation, the California Association of Sanitation
Agencies, the Southern California Alliance of Publicly Owned Treatment Works, the Association of California Water Agencies, and the Center for Demographic Research. A minor portion of these expenses is for staff memberships in professional associations.
8c) Supplies, Postage & Publications $0.1 $0.2 $0.2 Office supplies include such items as envelopes, letterhead, notebooks, calendars, etc. 8d) Other $0.2 $0.2 $0.3 Other smaller administrative expenses collectively reported within this line item.
9) RESEARCH AND MONITORING $1.0 $1.1 $1.1
9a) Environmental Monitoring $0.5 $0.5 $0.5 The budget line item for “Environmental Monitoring” includes costs associated with the District’s NPDES permit-required ocean monitoring program.
In addition to the funds needed to conduct the permit-required ocean monitoring program, environmental monitoring also includes operating funds and insurance fees for the District’s ocean monitoring vessel, the M/V Nerissa.
9b) Air Quality Monitoring $0.1 $0.1 $0.1 Periodic monitoring and analysis of air emissions requires testing from various sources including the central generation facilities, validation of emissions from continuous monitoring equipment, and source testing after CIP installation/modification (i.e. P1
2019-20 BUDGET UPDATE DEVELOPMENT – ADDITIONAL DETAIL (In Millions)
Previously Projected Adopted Proposed 2018-19 2019-20 2019-20
12
trickling filters, P1 primary basin install and modifications, etc.). Periodically, there is a
requirement to test the waste gas flares.
9c) Other Research $0.4 $0.5 $0.5 OCSD contributes annually to research organizations such as the Southern California Coastal Water Research Project.
10) TRAINING AND MEETINGS $0.9 $1.0 $1.1
10a) Training $0.7 $0.8 $0.9 This category includes ongoing technical and safety training and materials for staff, required training for computerized plant monitoring, and control systems and training to allow for a more adaptive and flexible work force. Cost savings have been achieved in
part through increased use of on-line training. 10b) Meetings $0.2 $0.2 $0.2 The General Manager has reviewed all meeting request budgets for necessity,
duplication, and redundancy and has limited this amount to a responsible level. 11) PRINTING AND PUBLISHING $0.3 $0.3 $0.3 11a) In-House Publishing $0.2 $0.2 $0.2 Although the budget provides for some outside reproduction, most OCSD printing activities are completed In-house, reflecting an expanded management information system and administrative requirements, as well as continuing demand by the public and regulatory agencies for information. These activities including printing of District
maps, brochures, Board reports and agenda items, budget materials, etc. 11b) Other $0.1 $0.1 $0.1 Includes outside printing and publishing expenses and notices and ads.
12) COST ALLOCATION ($20.3) ($20.4) ($20.4) This represents direct and indirect labor, benefits, materials, and services charged to
the Capital Improvement Program (CIP) where the related work was performed.
Page 1 of 3
ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 7 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Celia Chandler, Director of Human Resources
SUBJECT: STATUS OF 2019-20 PROPERTY-LIABILITY INSURANCE RENEWALS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
The Risk Management Division of Human Resources (Risk Management) provides the Administration Committee an annual status update regarding the upcoming annual
renewals of the Orange County Sanitation District’s (Sanitation District) major insurance
policies for the upcoming year. Risk Management and the operational insurance broker begin the process of renewal each January, and final quotes are typically received in June, shortly before the beginning of the new fiscal year.
The Sanitation District’s budget provides funds for the renewal of the following four (4)
major insurances for Sanitation District operations:
1)Excess General Liability Insurance2)Excess Workers’ Compensation
3)All-Risk Property and Flood insurance
(includes Boiler & Machinery insurance) 4)Earthquake Insurance
The Sanitation District’s operational insurance broker will be present at the Committee
meeting to give a short informational presentation about this year’s insurance outlook.
RELEVANT STANDARDS
•Protect Orange County Sanitation District assets
TIMING CONCERNS
Current insurance expires June 30, 2019.
RAMIFICATIONS OF NOT TAKING ACTION
None at this time because this is informational only; however, action must be taken before June 30, 2019 or the Sanitation District’s insurance will lapse.
Page 2 of 3
PRIOR COMMITTEE/BOARD ACTIONS May 2018 - The Board approved renewal of the above policies for the period July 1, 2018
through June 30, 2019.
ADDITIONAL INFORMATION 1) Excess General Liability Insurance Program
The Sanitation District’s Excess General Liability Insurance Program is currently provided through the California Municipal Excess Liability Program (CAMEL) and its sister program, the Alliant National Municipal Liability Program (ANML). The Sanitation District has participated in the CAMEL program since FY 1996-97.
This program currently provides the Sanitation District with a $40 million dollar policy of comprehensive coverage for municipal liability, bodily injury and property damage, and personal injury. The program was structured to also include Employment Practices and Public Officials Errors & Omissions coverage. The $40 million dollar
coverage has a self-insured deductible of $500,000. Since 1997, the Employment
Practices portion of coverage has been enhanced from a $2 million dollar sub-limit to the full policy limit of $40 million dollars. The premium cost, approved by the Board (May 2018), for the current fiscal year,
July 2018 - June 2019, was not to exceed $507,045.
2) Excess Workers’ Compensation Insurance The Excess Workers’ Compensation insurance coverage is with the California State
Association of Counties Excess Insurance Authority (CSAC EIA). The Sanitation
District has participated in this program or its predecessor since 2003. The Excess Workers’ Compensation program currently provides “Statutory” (unlimited) coverage with a self-insured retention (SIR), or deductible, of $1 million dollars.
The use of Excess Workers’ Compensation Insurance dates back to the late 1980’s.
The renewal of the Excess Workers’ Compensation Insurance for the period July 1, 2018 through June 30, 2019 was approved by the Board (May 2018) at a not to exceed amount of $220,000 based on the estimated 2018-19 payroll. Since the
premium itself is based on final payroll, the Sanitation District will not know the exact
final premium until the year is over. 3) All-Risk Property and Flood Insurance
The All-Risk Property and Flood Insurance Program (Property Insurance) provides for
comprehensive coverage for much of the Sanitation District’s real and personal property regarding virtually all perils including fire, flood, and business interruption.
Page 3 of 3
Current Property Insurance limits are $1 billion dollars for most perils other than flood and earthquakes, and $300 million dollars for flood, with many sub-limits for various situations. In order to reach $1 billion dollars in limits, the broker had to arrange for
more than a dozen different insurers. The SIR is $250,000 per occurrence for most
types of losses. Since the late 1990’s, the Property Insurance has been with a nationwide joint purchase property insurance program called Public Entity Property Insurance
Program (PEPIP), one of the world’s largest property programs. It is important to note
that this joint purchase property insurance program offers the purchasing power of numerous large public entities without the pooling or sharing of coverage or losses. The Boiler & Machinery insurance program, part of the property insurance, provides
comprehensive coverage for loss caused by machinery breakdown and explosion of
steam boilers or other covered process equipment, including damage to the equipment itself and damage to other property caused by covered accident. The current Boiler & Machinery insurance program provides coverage of $100 million
dollars per occurrence with deductibles ranging from $25,000 to $350,000 for losses
caused by covered machinery breakdown (e.g., motors, steam turbines, digesters, co-gen engines). Damages to the equipment, as well as damages to other property and improvements caused by the machinery breakdown, are covered by the Boiler & Machinery insurance. This program augments the Sanitation District’s all-risk property
insurance that covers perils such as fire and flood.
The renewal of All-Risk Property and Flood Insurance (including Boiler & Machinery) for the period July 1, 2018 through June 30, 2019 was approved by the Board (May 2018) at a premium not to exceed $847,800.
4) Earthquake Insurance The Sanitation District previously carried earthquake insurance as part of its Property Insurance, but in the last 15 years earthquake insurance proved difficult to obtain or
not cost-effective. The Sanitation District asked its insurance broker each year to
survey the market to see if rates have changed. Finally, in 2015 a plan was created to insure several key Sanitation District structures identified by Engineering, thus keeping the cost in line. The insurance is a high deductible plan with a limit of $25 million dollars in total.
The cost of the Earthquake Insurance was approved by the Board (May 2018) for fiscal year 2018-19 for 15 key structures at a premium not to exceed $83,179 dollars. ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package: N/A
Page 1 of 1
ADMINISTRATION COMMITTEE Meeting Date 04/10/19 To Bd. of Dir. --
AGENDA REPORT Item Number 8 Item Number --
Orange County Sanitation District
FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering
SUBJECT: CAPITAL IMPROVEMENT PROGRAM PERFORMANCE UPDATE FOR
FY 2018-19
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
Staff will present the Capital Improvement Program (CIP) performance update for FY2018-19.
RELEVANT STANDARDS
•Protect Orange County Sanitation District assets
•Ensure the public’s money is wisely spent
ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
KM:sa:gc
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LAFCO Local Agency Formation
Commission RWQCB Regional Water Quality
Control Board
APWA American Public Works
Association LOS Level Of Service SARFPA Santa Ana River Flood
Protection Agency
AQMD Air Quality Management
District MGD Million Gallons Per Day SARI Santa Ana River
Interceptor
ASCE American Society of Civil Engineers MOU Memorandum of Understanding SARWQCB Santa Ana Regional WaterQuality Control Board
BOD Biochemical Oxygen Demand NACWA National Association of CleanWater Agencies SAWPA Santa Ana Watershed Project Authority
CARB California Air Resources
Board NEPA National Environmental
Policy Act SCADA Supervisory Control And
Data Acquisition
CASA California Association of Sanitation Agencies NGOs Non-Governmental Organizations SCAP
Southern California
Alliance of Publicly Owned
Treatment Works
CCTV Closed Circuit Television NPDES National Pollutant Discharge
Elimination System SCAQMD South Coast Air Quality
Management District
CEQA California Environmental
Quality Act NWRI National Water Research
Institute SOCWA South Orange County
Wastewater Authority
CIP Capital Improvement
Program O & M Operations & Maintenance SRF Clean Water State
Revolving Fund
CRWQCB California Regional Water
Quality Control Board OCCOG Orange County Council of
Governments SSMP Sewer System
Management Plan
CWA Clean Water Act OCHCA Orange County Health CareAgency SSO Sanitary Sewer Overflow
CWEA California Water Environment
Association OCSD Orange County Sanitation
District SWRCB State Water Resources
Control Board
EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids
EMT Executive Management Team OOBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load
EPA US Environmental Protection
Agency OSHA Occupational Safety and
Health Administration TSS Total Suspended Solids
FOG Fats, Oils, and Grease PCSA
Professional
Consultant/Construction Services Agreement WDR Waste Discharge
Requirements
gpd gallons per day PDSA Professional Design Services
Agreement WEF Water Environment
Federation
GWRS Groundwater Replenishment
System POTW Publicly Owned Treatment
Works WERF Water Environment &
Reuse Foundation
ICS Incident Command System ppm parts per million WIFIA Water Infrastructure
Finance and Innovation Act
IERP Integrated Emergency
Response Plan PSA Professional Services
Agreement WIIN
Water Infrastructure
Improvements for the
Nation Act
JPA Joint Powers Authority RFP Request For Proposal WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
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 known 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.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
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 farmland 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.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – 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 SYSTEM (GWRS) – 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 per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine 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 and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation 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) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day 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 runoff.
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.
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. The Orange County Sanitation District’s service area is in the Santa Ana River Watershed.