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HomeMy WebLinkAbout99.02-Remedial Plan Final Report Appendices Vol I.pdf Santa Ana Watershed Project Authority (SAWPA) Remedial Plan Appendices : Volume March 19 , 2014 o�JNSH SAWTgT Oy a = 9 Q ¢ c O ti q ti 9oT�Cr/N� THE ENVQ����2 Prepared by: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708 Table of Contents Volume I -Governing Control Documents for SAWPA-OCSD Pretreatment Relationship A. 1991 Memorandum of Understanding (1991 MOU) B. 1996 Wastewater Treatment and Disposal Agreement (1996 Agreement) C. 2012 SAWPA Pretreatment Program Compliance Audit Report D. OCSD Wastewater Discharge Regulations (Ordinance No. OCSD-39) E. 2013 SAWPA Remedial Plan F. SAWPA Remedial Plan Life Cycle G. 2013 SAWPA Remedial Plan Deliverable Expectations H. 2013 SAWPA Remedial Plan Communication Plan This PDF compendium contains documents describing contracts and understandings between OCSD and SAWPA as well as the 2012 audit of SAWPNs pretreatment program and the resulting 2013 remedial plan. 1991 Memorandum of Understanding Between SAWPA & CSDOC [now OCSD] Governing Quality Control of Wastewater Discharged to the SARI (Pretreatment Program Responsibilities) MEMORANDUM OF UNDERSTANDING BETWEEN SANTA ANA WATERSHED PROJECT AUTHORITY AND COUNTY SANITATION DISTRICTS OF ORANGE COUNTY GOVERNING QUALITY CONTROL OF WASTEWATERS DISCHARGED TO THE SANTA ANA REGIONAL INTERCEPTOR ---------------------------------------------------------------- THIS MEMORANDUM OF UNDERSTANDING is made and entered into, to be effective the 1st day of April, 1991, by and between: SANTA ANA WATERSHED PROJECT AUTHORITY, hereinafter referred to as "SAWPA"; AND COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, for itself and as agent for COUNTY SANITATION DISTRICT NOS. 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, hereinafter referred to as "CSDOC" . RECITALS WHEREAS, CHINO BASIN MUNICIPAL WATER DISTRICT and CSDOC entered into an Agreement on 12th day of April, 1972, entitled "Waste Water Treatment and Disposal Agreement", a copy of which is attached hereto as Attachment No. 1 and incorporated herein by this reference, whereby CHINO BASIN MUNICIPAL WATER DISTRICT, also referred to as "Upper District", was granted the right by CSDOC to purchase up to 30 million gallons per day of treatment and disposal rights for purpose of ocean disposal of non-reclaimable wastewaters in the Santa Ana River Watershed upstream from CSDOC service area, hereinafter sometimes referred to as "Upper Basin"; and WHEREAS, said Agreement between CHINO BASIN MUNICIPAL WATER DISTRICT and CSDOC was subsequently assigned to SAWPA on November 13 , 1974 , which assignment included all rights, title, and interest in and to said Agreement; and WHEREAS, said Agreement does set forth certain quality criteria of the waste water discharged by Upper District and stipulated that a quality monitoring program for said waste water from Upper District, acceptable to all parties, shall be established and all costs thereof shall be borne by Upper District; and I WHEREAS, subsequent to execution of the 1972 Agreement, CSDOC, pursuant to applicable laws, regulations and permits, including statues and regulations of the United States Environmental Protection Agency [EPA] and the State Water Resources Control Board [SWRCB] , is required to promulgate and enforce industrial source controls through an approved pretreatment program; and WHEREAS, CSDOC, the owner and operator of the wastewater treatment system and the holder of the NPDES permit, did on September 8, 1989, adopt a revised regulation in the form of an Ordinance entitled "Wastewater Discharge Regulations" which sets forth certain quality requirements which must be met by all dischargers of wastewater tributary to the treatment and disposal facilities of CSDOC, including the wastewaters originating in the Upper Basin, in order to protect the sewerage system, the marine environment, to meet the Districts' NPDES permit requirements of EPA, Regional Water Quality Control Board [RWQCB] and the SWRCB, and to comply with all other applicable provisions of law; and WHEREAS, SAWPA did on June 12, 1990, adopt Ordinance No. 1 (Revised) entitled "An Ordinance Regulating the Availability and Use of the Santa Ana Regional Interceptor". This Ordinance No. 1 contains similar provisions as CSDOC's Ordinance setting forth the same quality requirements which must be met by all dischargers of wastewaters in the Upper Basin which are tributary to the treatment and disposal facilities of CSDOC. SAWPA's Ordinance No. 1 has been reviewed by CSDOC which has determined that it meets, when implemented, administered and enforced, the intent of administering the Quality Criteria provisions contained in Paragraph 5 of the aforementioned Agreement between SAWPA and CSDOC. NOW, THEREFORE, SAWPA and CSDOC, in consideration of the mutual promises contained in this Memorandum of Understanding, do hereby agree as follows: GENERAL Section 1: Retention of Powers. A. CSDOC 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 CSDOC the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to CSDOC's sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to 2 cSDOc'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, whether _ within or outside CSDOC's boundaries, including those users that are tributary to CSDOC or within areas for which CSDOC has contracted to provide sewerage services. B. Neither SAWPA nor CSDOC, by entering into this Memorandum of Understanding, relinquishes to the other, any of its independent statutory or other powers and responsibilities relative to the provisions of sewer service; promulgation, administration and enforcement of waste discharge requirements; or operation of its publicly-owned sewer facilities, nor by entering into this Memorandum of Understanding, does either party recognize any changes or modifications in the aforementioned "Waste Water Treatment and Disposal Agreement. " However, by entering into this Memorandum of Understanding, the Parties do agree to the cooperative implementation of required powers and responsibilities for insuring the quality of wastewaters tributary from the Upper Basin to the treatment and disposal facilities of CSDOC. - C. CSDOC and SAWPA further acknowledge and agree that changes in the laws and regulations to which CSDOC and SAWPA are bound, which have occurred subsequent to the Agreement, require changes in the continuing operational aspects of wastewater collection, treatment and disposal, most notably the implementation of a comprehensive industrial wastewater pretreatment program. D. Neither the 1972 Agreements nor this Memorandum of Understanding contemplates nor shall it be authorization for any discharge by any user, to the sewer system of SAWPA or CSDOC, of any waste which is subject to regulation or prohibition under the terms of the Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation and Liability Act of 1980; Toxic Substances Control Act; California Hazardous Substances Act; or the California Hazardous Waste Control Law. The parties acknowledge the existence of a separate agreement between them authorizing and regulating the discharge of wastewaters to CSDOC facilities from the Stringfellow Pretreatment Facility. Those discharges are governed by that agreement and are not subject to this agreement. 3 E. Except as hereinafter provided, SAWPA shall continue to exercise jurisdiction and control, as outlined in the aforementioned "Waste Water Treatment and Disposal Agreement", over all discharges located within SAWPA' s territorial boundaries in the Upper Basin that are tributary and discharge to CSDOC's facilities. In addition, SAWPA shall have: 1] The responsibility to issue Wastewater Discharge Permits ("Permits") and to enforce violations of Permit requirements; 21 The responsibility to monitor wastewater flows and perform inspections at SAWPA's expense; 31 The responsibility to collect any non-compliance fines, fees, user charges, taxes, capital recovery fees, and other lawful charges as levied by SAWPA. 41 The responsibility to prepare and submit appropriate Quarterly and Annual Reports pertaining to the administration of Ordinance - No. 1 and this Memorandum of Understanding to the Environmental Protection Agency, the Regional Water Control Board, and CSDOC. PERMITTING PROCESS Section 2: Permitting Procedures A. All direct and indirect dischargers seeking Santa Ana Regional Interceptor (SARI) service from SAWPA in the Upper Basin shall file with SAWPA a permit application as set forth in SAWPA Ordinance No. 1. After SAWPA has determined that the application is complete, SAWPA shall develop the permit requirements and forward the permit information and the permit to CSDOC for its review. The permit will not be issued to the proposed discharger by SAWPA until after CSDOC has reviewed the permit application, the proposed permit requirements, and given written concurrence to SAWPA. Said concurrence shall be delivered to SAWPA within ten (10) business days after receipt of the application by CSDOC. Such concurrence shall not be unreasonably withheld by CSDOC. 4 If additional data or information is required by CSDOC, or should CSDOC take exceptions to any of the proposed permit conditions, or wish to include any additional limitations or provisions, SAWPA shall be notified within said ten (10) day period. CSDOC will provide its concurrence or refusal within five (5) business days after receiving SAWPA's response to CSDOC's request. Special meetings between SAWPA and CSDOC, or SAWPA, CSDOC and the proposed discharger may be necessary during the permit review process. Such meetings can be requested by any party, but shall be arranged by SAWPA. Requests for additional data and/or information by CSDOC shall be made by SAWPA to the discharge applicant. B. SAWPA shall notify all existing holders of permits issued by SAWPA of the conditions of their Ordinance No. 1 and this Memorandum of Understanding, that they will be required to replace such existing permits with Permits issued in accordance with the provisions and procedures established in Ordinance No. 1 and this Memorandum of Understanding. C. Any dischargers that are discharging to the SARI system without a valid permit issued by SAWPA shall be required to obtain a Permit under SAWPA's Ordinance No. 1. The same procedures for the issuance of these Permits shall be as set forth above in Section 2A above. Within thirty (30) days of the effective date of this Memorandum of Understanding, SAWPA shall notify all such known dischargers of this requirement and demand compliance within thirty (30) days thereafter. D. SAWPA's and CSDOC's Ordinances provide each agency with the authority to modify and change Permit conditions and terms during the life of the Permit. Where Permit terms and conditions are proposed to be modified and/or changed, the Party proposing the change shall promptly notify the other Party. SAWPA may elect to impose discharge requirements more stringent than those of CSDOC. E. The same procedure as set forth in Section 2A above, shall apply to renewal, modification or changes in terms or conditions of permits. Copies of all permits, renewed permits and modified permits, signed by SAWPA, shall be forwarded to CSDOC within fifteen (15) days of issuance. 5 MONITORING INSPECTION AND REPORTING PROCESS Section 3 : Monitoring A. SAWPA shall have the primary responsibility for scheduled and unscheduled monitoring of all direct and indirect dischargers tributary to the SARI system. The responsibility of SAWPA maintaining an adequate monitoring program does not preclude CSDOC from obtaining data through their own monitoring efforts. Should CSDOC require specific wastewater quality data, CSDOC shall first request the information from SAWPA. B. SAWPA may request a self-monitoring program by the discharger. Any such self-monitoring program shall be set forth in the Permit requirements as established by SAWPA and approved by CSDOC. SAWPA shall provide CSDOc with copies of such discharger Is self-monitoring results. C. Each party shall provide the other with copies of reports for all monitoring, sampling or laboratory testing which it performs on dischargers in the Upper Basin, and agrees to exchange all information as obtained. D. Except in an emergency, any monitoring efforts to be performed by CSDOC on any discharger in the Upper Basin shall only be performed upon notification, as soon as possible, to SAWPA, but not less than twenty-four (24) hours in advance, in order to afford SAWPA an opportunity to have a representative present. Such notice may be given by telephone, confirmed in writing or by electronic telecommunication (FAX) . Section 4: Ins a do A. Inspection of each discharger to the SARI system shall be the responsibility of SAWPA. SAWPA shall maintain and implement an inspection program and shall document the inspections with a written report. The inspections shall be in accordance with the "State of California Pretreatment Program Implementation Guidance" manual. B. SAWPA shall immediately notify CSDOC of any discharge which presents an imminent danger to the public health, safety or welfare, or which threatens to interfere with the operation of the CSDOC sewerage system. Similarly, CSDOC shall immediately notify SAWPA of any discharge entering the CSDOC sewerage system from SAWPA which is determined to present an imminent danger to the public 6 health, safety or welfare, or to the local environment, or which threatens to interfere with the operations of the CSDOC sewerage system. C. The number and timing of inspections will depend upon the volume of the discharge, the nature of the discharge, status of compliance, etc. CSDOC will, at its option, participate, with SAWPA, in any inspection. Such joint routine inspections should be done on a-frequency to be determined by SAWPA depending on the necessity of the inspection to insure the quality of the discharge, but in no event shall the inspections of each discharger be done less than twice annually or less than the minimum number required by Federal regulation. D. Should CSDOC wish to initiate an inspection of any discharger in the Upper Basin, it may do so as CSDOc may deem necessary. Except in an emergency, CSDOC shall notify SAWPA of its intent, as soon as possible, but not less than twenty-four (24) hours in advance in order to afford SAWPA an opportunity to have a representative present during the inspection. Such notice may be given by telephone, confirmed in writing or by electronic telecommunication (FAX) . Section 5: Reoortino A good communication and information exchange between SAWPA and CSDOC is essential to promote and sustain a successful, effective and efficient working relationship. It shall be the practice that all data on all point sources relating to discharge, quality, and other information produced as a result of monitoring, inspection and enforcement conducted or received by SAWPA on the Upper Basin dischargers shall be communicated to CSDOC. Specifically, SAWPA will make available to CSDOC the following reports: A] Monthly activity report detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data, B] Copies of Enforcement Correspondence, C] Monthly flow and quality data for the discharge to the CSDOC system at the monitoring station located near the Orange County boundary line. D] Quarterly Report and Annual Report of summary of items (A) ,_ (B) , and (C) , above. 7 CSDOC shall advise SAWPA of any changes in the CSDOC pretreatment requirements which will affect SAWPA. ENFORCEMENT Section 6: Primary Responsibility A. SAWPA through its Ordinance No. 1 shall have the primary responsibility for enforcing all SAWPA's waste discharge policies and procedures relative to all Permit terms and conditions. S. SAWPA shall inform CSDOC of all dischargers who are in non-compliance with any of the provisions of their discharge permit or the SAWPA Ordinance No. 1 and what action is to be taken by SAWPA to enforce the provisions of SAWPA's Ordinance No. 1. C. SAWPA acknowledges that it and each of its member agencies has the responsibility to develop, implement and enforce an industrial pretreatment program and assume all obligations set forth in Title 40, Code of Federal Regulations, Part 403 which includes notification to all affected industrial users of . pertinent categorical standards and monitoring and reporting requirements contained in 40 CFR 403 . 12 or included as part of the categorical standard. SAWPA shall require all of its member agencies and all other agencies who discharge to the SARI system to enter into an interjurisdictional agreement with SAWPA, setting forth the respective obligations to develop and implement a pretreatment program. SAWPA agrees that in the event of amendment(s) to applicable Federal statutes or regulations, it will amend its Ordinance to comply with the new Federal requirements. CSDOC shall advise SAWPA of any changes in the CSDOC pretreatment requirements which will affect SAWPA. D. CSDOC shall review SAWPA's Ordinance and amendments thereto, and any interjurisdictional agreements concerning discharge of waste to SARI for conformance with 40 CFR Part 403 . To ensure inclusion of all other _ legal provisions mandated by law and this Agreement, CSDOC shall periodically review the enforcement efforts of SAWPA, any member agency thereof, and any other agency having discharge rights to the SARI system pursuant to contract with SAWPA to ascertain whether pretreatment requirements are being diligently enforced. 8 To the extent SAWPA chooses to administer its own pretreatment program, CSDOC may periodically review SAWPA's pretreatment program activities to ensure that SAWPA, any member agency thereof, and any other agency having discharge rights to the SARI system pursuant to contract with SAWPA is adequately administering its pretreatment program in conformance with the Federal Pretreatment Regulations (40 CFR 403) and all CSDOC requirements. If CSDOC determines that SAWPA, any of its member agencies, or any of its contract agencies has failed or has refused to fulfill any pretreatment requirements, CSDOC may develop and issue a remedial plan containing a description of the nature of the pretreatment deficiencies, an enumeration of steps to be taken by SAWPA, and a time schedule for attaining compliance with all pretreatment requirements. Where SAWPA fails to satisfy the terms of the remedial plan, CSDOC may, upon thirty (30) days written notice, suspend all or part of SAWPA's use of CSDOC facilities until such time as SAWPA satisfies the terms of the remedial plan. In addition to the actions above, CSDOC may seek injunctive relief against SAWPA, any member agency thereof, any agency having discharge rights to the SARI system pursuant to contract with SAWPA and/or any user contributing to the failure to comply with the remedial plan, and/or may pursue other self-help remedies. section 7: Enforcement Process by CSDOC A. If SAWPA staff is unwilling or does not take appropriate enforcement action against a discharger acceptable to CSDOC, CSDOC with notification to SAWPA may cause enforcement actions as follows: 1] CSDOC shall send written notice to SAWPA, signed by its General Manager or his designee, specifying that a violation has or is occurring with respect to a particular discharger in the Upper Basin. The notice shall contain sufficient information to substantiate the contention of CSDOC as to the nature of the violation and to the inappropriate enforcement action taken by SAWPA. 21 If the General Manager of SAWPA agrees with CSDOC, then he shall forthwith undertake proceedings under Article 6 of SAWPA's Ordinance No. 1. 9 31 If the General Manager of SAWPA disagrees with CSDOC, he shall forthwith cause a hearing to be held not more than 10 days after notice is received from CSDOC. Said hearing shall be conducted by the SAWPA Commission to determine whether a violation has or is occurring and shall make findings and direct such remedial action as it deems appropriate. 41 If CSDOC disagrees with the findings or the enforcement/remedial action of SAWPA's Commission, CSDOC may pursue such remedies as provided by law or regulations. 5] Joint enforcement action against any discharger violating its permit conditions may be taken when agreed to by SAWPA and CSDOC. B. Where a discharge to the CSDOC sewerage system reasonably appears to present an imminent danger to the public health, safety, or welfare, or presents or may present an imminent danger to the environment, or threatens to interfere with the operation of the CSDOC sewerage system, CSDOC may immediately initiate steps to identify the source of the discharge, and to halt and prevent said discharge. In the event this is unable to be effected successfully, CSDOC may suspend all or part of SAWPA's use of CSDOC facilities as provided in paragraph 6 of said "Waste Water Treatment and Disposal Agreement" until _ such time as the danger has been abated. In addition to the actions above, CSDOC may seek injunctive relief against SAWPA, any member agency thereof, any agency having discharge rights to the SARI system pursuant to contract with SAWPA and/or any user contributing to the emergency condition, and/or may pursue other self-help remedies. Section 8 : Indemnity SAWPA shall indemnify CSDOC for all damages, fines, and costs incurred by CSDOC imposed by a regulatory agency or a court of competent jurisdiction as a result of waste discharge from SAWPA, its member agencies or contract agencies. Said amounts for indemnification shall include, but not be limited to fines, fees, penalties, charges, or costs resulting from injury to CSDOC personnel, damages to CSDOC facilities, disruption of treatment processes or operations, degradation of sludge quality, MPDES permit violations, and other air, water, and sludge quality violations. 10 CSDOC shall indemnify SAWPA for all damages, fines, and costs incurred by SAWPA imposed by a regulatory agency or a court of competent jurisdiction as a result of waste discharge from CSDOC, its member agencies or contract agencies. Said amounts for indemnification shall include, but not be limited to fines, fees, penalties, charges, or costs resulting from injury to SAWPA personnel, damages to SAWPA facilities, disruption of treatment processes or operations, degradation of sludge quality, NPDES permit violations, and other air, water, and sludge quality violations. AMENDMENTS AND MODIPICATIONS Section 9 : Amendments and Modifications The terms of this Memorandum of Understanding may be amended only by written agreement by both parties. This Memorandum of Understanding shall be reviewed, and revised, if necessary, at least every three years from the effective date. This Memorandum of Understanding along with SAWPA's Ordinance No. 1 establishes procedures for the quality monitoring program as set forth in paragraph 5, "Ouality Criteria" of the aforementioned April, 1972 Agreement. NOTIC Section 10: Notice Except as otherwise provided herein, all notices and other communications required or permitted hereunder shall be in writing, shall be delivered in person, by electronic telecommunication or sent by registered mail or certified mail, return receipt requested, and shall be deemed received upon personal delivery or seventy-two (72) hours after deposit in the mail of the United States Postal Service in Orange or Riverside Counties, which ever is appropriate, postage prepaid and addressed as follows: TO SAWPA: SANTA ANA WATERSHED PROJECT AUTHORITY ATTENTION: GENERAL MANAGER 3600 TYLER STREET - SUITE 207 RIVERSIDE, CALIFORNIA 92503 11 TO CSDOC: COUNTY SANITATION DISTRICTS OF ORANGE COUNTY ATTENTION: GENERAL MANAGER P.O. BOX 8127 FOUNTAIN VALLEY, CALIFORNIA 92728-8127 IN WITNESS WHEREOF, SAWPA and CSDOC have executed this Memorandum of Understanding as of the day and year first above written. , SANTA(�JA/Nn�A WATERSHED PROJECT AUTHORITY By Chairmabj SAWPA o ission COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, for itself and on behalf of County Sanitation District Nos. 2, 3, 5, 6, 7, 11,/1�3 a d 14 of Orange/ uuty, California FA BYJo Chairman, Board of Directors By Secretary, Board of Directors APPROVED AS TO FORM: THOMAS L. WOODRUFF, XDISTRI S COUNSEL By TFN:tw:R:3J7J9l(1801N.SM) 12 1996 Wastewater Treatment & Disposal Agreement Between SAWPA & OCSD Governing Wastewater Treatment and Disposal (Capacity, Quality, & Discharge Privileges and Responsibilities) WASTEWATER TREATMENT AND DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into, to be effective the 24th day of July 1996, by and between COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11, 13 and 14 OF ORANGE COUNTY, CALIFORNIA (collectively "Districts"), each of which is a county sanitation district organized and existing pursuant to California Health & Safety Code section 4700 et seq., and the SANTA ANA WATERSHED PROJECT AUTHORITY ("SAWPA"), a joint powers agency organized and existing pursuant to California Government Code section 6500 et seq. - - - A. DEFINITIONS As used in this Agreement, the following terms shall have the meanings herein set forth: (1) "Adjusted Capital Facilities Connection Charge" ("Adjusted CFCC"): Shall mean District No. 2's charge for connection of a dwelling unit to District's sewerage system, less the component amount in this charge for construction and rehabilitation of District's collection facilities. Currently, the Capital Facilities Connection Charge is $2,350.00 and the Adjusted Capital Facilities Connection Charge is $1,690.00. (2) "Biochemical Oxygen Demand" ("BOD"): The measure of biodegradable organic material in Wastewater as represented by the quantity of oxygen utilized over a period of five days at 20 degrees centigrade and as determined by testing methods approved by the United States Environmental Protection Agency ("EPA"), as set forth in 40 CPR Part 136, or subsequent amendments thereto. (3) "Chino Basin Municipal Water District" ("CBMWD"): CBMWD is a municipal water district organized and existing pursuant to California Water Code section 71000 et seq. (4) "Class I User": Any user who discharges Wastewater that: (a) Is subject to Federal Categorical Pretreatment Standards; (b) averages 25,000 gallons per day or more of regulated process Wastewater,• (c) is determined by the Districts' General Manager to have a reasonable potential for adversely affecting the Districts' operations or for violating any pretreatment standard, local limit, or discharge requirement; or (d) may cause, as determined by the Districts' General Manager, pass through or interference with the Districts' sewerage facilities. WOODRUFF,SpaAOLW S SMAar 323191 1 J,ly 11. 1996 (5) "Disposal Costs": An amount which includes all costs incurred, directly or indirectly, for treatment and disposal of Wastewater discharged from SAWPA's SARI Service Area to Districts' facilities. These costs shall be calculated inthe same manner as Districts' charges for use for Class I Users less District No. 2's (1) operations and maintenance charge for flow; and (2) debt service for flow, BOD and Suspended Solids. The parties acknowledge - that (1) the remaining BOD component of the Disposal Costs may ultimately be changed to a Chemical Oxygen Demand component; and (2) the Disposal Costs may be adjusted annually by the District No. 2 Board of Directors to reflect increases or decreases in the costs incurred by District No. 2. (6) "Districts": Collectively, County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, which are parties to this Agreement and to the Joint Ownership Operation and Construction Agreement dated March 10, 1971, superseded by a revised Joint Agreement effective July 1, 1985 ("Joint Agreement"), and/or any amendments or supplements thereto, and any Sanitation Districts that are formed after the effective date of this Agreement and which become a parry to the Joint Agreement, or if an agency reorganization - should occur, the successor agency/agencies to these County Sanitation Districts. Any act, decision or forbearance by Districts shall be evidenced by action of a majority of the nine Sanitation Districts. The term includes plural and/or possessive where appropriate. (7) "District No. 2": County Sanitation District No. 2 of Orange County, California, or if an agency reorganization should occur, the successor agency to District No. 2. (8) "Districts' Ordinance": The Districts' ordinance entitled "Wastewater Discharge Regulations", effective February 7, 1992, including any subsequent amendments thereof or successor ordinances thereto. (9) "Reclaimable Wastewater": Shall mean the liquid and solid waterborne wastes of such character as to permit satisfactory disposal, within the Santa Ana River Watershed. (10) "MGD": Shall mean million gallons per 24 hour day. (11) "Monthly Average Flow": The average rate of Wastewater flow which passes through a flow meter during any calendar month, expressed in MGD. (12) "Person": Shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. (13) "Santa Ana River Interceptor" ("SARI"): The interceptor sewer of District No. 2, as shown on Exhibit "B" attached to the Waste Water Interceptor Capacity Agreement. (14) "Santa Ana Watershed Project Authority (SAWPA)": The agency which is responsible for developing and implementing long-range plans and projects for managing, preserving, and protecting the quality of water supplies in the Santa Ana River Watershed. The WOODRUFF.SPRADLIN &SMART 32319 1 2 July 11, 1998 - member agencies of SAWPA are presently CBMWD, Eastern Municipal Water District, Orange County Water District, San Bernardino Valley Municipal Water District, and Western Municipal Water District. (15) "SAWPA's SARI Service Area": The total area within the jurisdictional boundaries of SAWPA's member agencies, excluding any area within the County of Orange. (16) "Suspended Solids": Any insoluble material contained as a component of Wastewater and capable of separation from the liquid portion of the waste by filtration as determined by EPA approved testing methods. Suspended solids are sometimes denoted herein by "SS". (17) "Treatment and Disposal Right": A right of SAWPA to deliver (through the SARI to Districts' facilities) and an obligation of Districts to receive, treat and dispose of a stated flow of Wastewater, expressed in terms of Monthly Average Flow. (18) "Treatment and Disposal Right Charge" (hereinafter "Treatment Right Charge"): Shall mean the charge applicable to the purchase of a I MGD increment of the Treatment and Disposal Right. The Treatment Right Charge applicable upon execution of this Agreement shall be as follows: (Flow, gpd`)/399 gpd x Adjusted CFCC x 42% + (DOD, lbs/day)/0.83 lbs/day x Adjusted CFCC x 26% + (SS, lbs/day)/0.83 lbs/day x Adjusted CFCC x 32% Current application of the Treatment Right Charge provides the following acquisition charge for 1 MGD increment of the Treatment and Disposal Right: Flow (1 mgd) _ $1,778,947.00 DOD (320 mg/L = 2,669 Ibs/day) _ $1,412,961.00 SS (270 mg/L = 2,253 Ibs/day) _ $1.467.299.00 TOTAL: $4,659,207.00 The Treatment Right Charge formula may be periodically adjusted by District No. 2 to reflect (1) changes in the District No. 2 Capital Facilities Connection Charge; (2) adjustments in the allocations for District No. 2 costs for collection facilities; and (3) adjustments in the treatment cost allocations for Flow, DOD and Suspended Solids discharged from SAWPA's SARI Service Area to Districts' facilities; and (4) the actual DOD and Suspended Solids concentrations discharged from SAWPA's SARI Service Area to Districts' facilities, to appropriately reflect the Districts' treatment costs for these discharges. lgpd - gallons per day WOODRUFF,SPRADLIN&SMART 32319 1 3 July 11, 1996 t (19) "Wastewater": Shall mean all liquid-carried wastes and wastewater of the community, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other similar operations. (20) "Waste Water Interceptor Capacity Agreement": An agreement between CBMWD and District No. 2, effective on April 12, 1972, and providing for the acquisition by CBMWD of a 30 MGD interceptor capacity right in the existing and expanded interceptor facilities of District No. 2. B. RECITALS 1. Districts are authorized by statute to contract with any district or governmental agency for the handling, treatment and/or disposal of Wastewater originating within or without their boundaries, if, in the judgment of the Districts' Boards of Directors, it is for the best interest of Districts to do so. 2. SAWPA is authorized by law to acquire, construct and operate facilities for the collection, treatment and disposal of sewage and Wastewater, and is authorized to join with one or more public agencies, private corporations, or other persons for the purpose of carrying out any of its powers. 3. On April 12, 1972, Districts and CBMWD entered into the Waste Water Treatment and Disposal Agreement ("1972 Agreement") through which CBMWD acquired the right to acquire an ultimate Treatment and Disposal Right for 30 MOD of Wastewater flow to Districts' facilities. - 4. On November 13, 1974, CBMWD assigned and transferred to SAWPA all of CBMWD's right, title and interest in the 1972 Agreement. To date, SAWPA has acquired a Treatment and Disposal Right of 8 MGD, 5. The parties acknowledge that this Agreement provides a right to have Wastewater flows, identified herein, treated and disposed of at Districts' facilities. As set forth in the definition of "Treatment and Disposal Right", the parties contemplate that delivery of Wastewater to Districts' treatment and disposal facilities will occur through the SARI. This Agreement does not, however, provide SAWPA with any capacity rights for discharge of Wastewater through the SARI. Except as set forth in Section 27 herein, capacity rights in the SARI are governed solely by the Waste Water Interceptor Capacity Agreement. 6. SAWPA, including the Orange County Water District, and Districts are concerned with the continuing development of a regional water quality management program for SAWPA's SARI Service Area, consistent with Federal and State policies. The operation of the SARI for the disposal of Wastewater is a significant component of this program. WOODRUFF,SPRADLIN a SMART ' 31319_t 4 July 11, 1996 7. The parties acknowledge that the discharge of Reclaimable Wastewater to the SARI has occurred over time. It is the intent of the parties hereto that SAWPA will, in good faith, make all reasonable efforts to minimize Reclaimable Wastewater discharges to the SARI. 8. It is in the best interests of Districts and SAWPA to enter into an agreement whereby Wastewater originating in SAWPA's SARI Service Area upstream from Districts may be disposed of through existing and expanded facilities of Districts. C. COVENANTS IN CONSIDERATION of the premises and of the covenants, rights and obligations herein, the parties hereto covenant and agree as follows: 1. Treatment and Disposal Right (a) Grant of Right. Districts hereby grant and convey to SAWPA a Treatment and Disposal Right, as hereinafter provided, effective at the times provided in subparagraphs .(c) and (d) hereof. (b) Nature of Treatment and Disposal Right. The right of SAWPA to deliver Wastewater under the Treatment and Disposal Right shall not be deemed a right to use any particular existing or expanded facility of Districts. Districts shall have sole discretion, as between Districts and SAWPA, with regard to the manner of treatment and disposal of such Wastewater. (c) Quantity of Treatment and Disposal Right. An ultimate Treatment and Disposal Right of 30 MGD Monthly Average Flow may be acquired by SAWPA in increments as herein specified. It is acknowledged that SAWPA has previously acquired a Treatment and Disposal Right of 8 MGD Monthly Average Flow. Concurrently with the execution of this Agreement, SAWPA shall pay Districts, at the current Treatment Right Charge rate, for the acquisition of an additional Treatment and Disposal Right of 1 MGD. Upon payment of these funds to Districts, SAWPA shall have a total Treatment and Disposal Right of 9 MGD. (1) The Districts' acknowledge that their connection charges are presently the subject of an internal review which may lead to an adjustment of these connection charges. If an adjustment of Districts' connection charges occurs which would have resulted in a reduced charge for the initial Treatment and Disposal Right to be acquired by SAWPA pursuant to Section 1(c), the Districts shall credit SAWPA for the difference in the actual and reduced charge and shall apply the difference against the then-current obligations of SAWPA to Districts under this Agreement. (d) Effective Date and Term of Right. The effective date of the acquisition of the subsequent increment(s) of the Treatment and Disposal Right acquired herein by SAWPA shall be upon final payment of the sum herein specified therefor. The Treatment and Disposal Right, including the existing right and any increased increment thereof, shall continue in effect WOODRUFF.SPRADUN a SMART 32318 1 5 July 11, 1996 until April 12, 2046. The Parties acknowledge-that-it is possible that, within the term of this - Agreement, consolidation or other fundamental changes.:may occur in the structural organization of Districts and/or SAWPA. It is the intent of the Parties that the rights and obligations of this contract will be binding on such changed organizations. It, is contemplated that, at the end of the term of this Agreement, on April 12, 2046, SAWPA will, based upon the Districts' then current governance structure, join the Districts as a co-equal participant in the Districts' Joint Ownership Operation and Construction Agreement or any agreement which shall supersede or replace it. Negotiations to this end shall be undertaken in good faith during the 45th year (2041) of this Agreement. In consideration of the capital costs paid by SAWPA,,there shall be no additional initial capital cost to SAWPA for such joinder. In the event the Parties are not able to negotiate appropriate joinder of SAWPA with the Districts on or before the end of the term of this Agreement and SAWPA's perpetual right is not otherwise confirmed by contract extension, for reasons other than the decision of SAWPA to abandon such right, the Districts shall repay to SAWPA an amount equal to the then current value of SAWPA's owned Treatment and Disposal Right in Districts' treatment and disposal system as defined by the formula in Definition (18) "Treatment Right Charge" at page 3 of this Agreement. 2. Ca in tal Payments In order to grant SAWPA a Treatment and Disposal Right, Districts have invested capital in treatment and ocean disposal facilities. In lieu of making its own capital investment in these physical facilities, SAWPA shall make the following payments for the Treatment and Disposal Right: (a) Capacity Increments. Additional Treatment and Disposal Rights may be acquired in increments of 1 MGD Monthly Average Flow. The purchase price therefor shall be payable as follows: (1) For Each 1 MGD Monthly Average Flow Increment: SAWPA shall pay a sum equal to Districts' then existing Treatment Right Charge for each 1 MGD Monthly Average Flow increment of the Treatment and Disposal Right. SAWPA shall acquire additional increments of the Treatment and Disposal Right as follows: (A) Whenever SAWPA's Monthly Average Flow discharged to - Districts' facilities exceeds SAWPA's then existing Treatment and Disposal Right, SAWPA shall acquire sufficient additional increments of the Treatment and Disposal Right so that SAWPA's total Treatment and Disposal Right exceeds that Monthly Average Flow. (For example, assuming SAWPA's existing Treatment and Disposal Right is 8 MGD and the Monthly Average Flow from March 1 through March 31 is 10.001 MGD, SAWPA shall acquire three additional 1 MGD increments of the Treatment and Disposal Right). (2) SAWPA may elect to pay for an additional increment(s) of the Treatment and Disposal Right over a 10 year period. If SAWPA so elects, the payments shall be made in 10 equal annual installments, which installments shall include a fixed rate of interest at the rate for ten-year United States Treasury Bills plus 1%, This fixed rate of interest shall be determined by reference to the interest rate established at the auction of ten-year United States Treasury Bills occurring most recently before SAWPA's exceedence of its Monthly Average WOODWFF,SPRADUN d SMART - 32319 1 6 July 11, 1996 Flow. The first installment shall be paid within 45 days of the date of Districts' invoice to SAWPA. Each of the nine subsequent annual installments shall be paid no later than 45 days following the anniversary date of the exceedence. (A) If SAWPA elects to proceed by installment acquisition, Districts shall recalculate the payment amount due for each annual installment using the average BOD and Suspended Solids loadings for the one year period immediately preceding the date each installment payment is due. The interest rate on each installment shall remain at the rate originally fixed pursuant to Section 2(a)(2). No credit shall be provided to SAWPA on an installment acquisition for any adjustment of Districts' connection charges except as specified in Section 1(c)(1). (B) Upon SAWPA's written notice received by Districts at least 15 days in advance of the anniversary date of the initial exceedence, SAWPA may discontinue the acquisition of the increment(s) of the Treatment and Disposal Right as of that anniversary date. An acquisition may not be discontinued at any time other than on an anniversary date- Upon discontinuance in accordance with this Section, SAWPA shall have no further obligation to pay Districts for additional installments for the affected increment(s) of the Treatment and Disposal Right and no further right to discharge in accordance therewith. (C) If, following discontinuance of the acquisition of an increment(s) of the Treatment and Disposal Right, SAWPA acquires an additional increment(s) of the Treatment and Disposal Right pursuant to Sections 2(a)(1) or 2(a)(2), SAWPA shall receive a credit toward the acquisition cost of the additional increment(s). The credit shall be equal to 75% of the amount, excluding interest, previously paid by SAWPA pursuant to Section 2(a)(2) toward the earlier acquisition of the discontinued increment(s) of the Treatment and Disposal Right. If the subsequent acquisition is an installment acquisition made pursuant to Section 2(a)(2), the credit shall be applied to the first installment(s) to be paid by SAWPA for the subsequent acquisition. The cost of the subsequent acquisition shall be at the Treatment Right Charge rate applicable at the time of the initial payment for the subsequent acquisition, plus interest as set forth in Section 2(a)(2). (3) Districts shall provide to SAWPA an invoice stating the amount due from SAWPA for the required capacity increment(s) and for any other amounts due pursuant to this Agreement. Failure to provide a timely invoice does not negate SAWPA's obligation to pay any amounts owed to the Districts. 3. Emergency Discharge. Notwithstanding the provisions of Section 2(a)(1)(A), if due to an operational emergency SAWPA seeks to discharge in excess of its then-existing Treatment and Disposal Right, SAWPA may do so for a period not to exceed ninety (90) days, without incurring the obligation to acquire an additional increment(s) of the Treatment and Disposal Right, provided that SAWPA fully complies with the provisions of this Section and all other provisions of this Agreement. WOODRUFF.SPRADLIN W SMART 32319 1 7 July 11. 1996 - (a) Prior to or by the next business day following the commencement of the emergency discharge, SAWPA shall provide written notice to Districts identifying the (1) nature of the emergency requiring the excess discharge; (2) the anticipated duration of excess discharge; and (3) the name of the SAWPA employee whom the Districts may contact for further information.. (b) The Districts may impose on SAWPA such conditions on the excess discharge as reasonably appropriate to protect the Districts' collection and treatment facilities. (c) In addition to the payment of Disposal Costs for the entire daily flow, SAWPA shall pay a surcharge on the flow exceeding SAWPA's then-existing Treatment and Disposal Right. The surcharge shall be calculated applying the same rate which the Districts are then applying to Districts' Class I Users for capacity purchases. (d) If, upon expiration of the ninety (96) day period, SAWPA's Monthly Average Flow continues to exceed SAWPA's then-existing Treatment and Disposal Right, SAWPA shall immediately acquire additional increments of the Treatment and Disposal Right sufficient to exceed SAWPA's Monthly Average Flow. (e) As used in this Section 3, "operational emergency" shall mean an equipment breakdown or other malfunction which necessitates SAWPA's discharge in excess of its then-existing Treatment and Disposal Right. 4. Payment of Disposal Costs. SAWPA shall pay Disposal Costs quarterly for the measured and sampled flow of Wastewater discharged from SAWPA's SARI Service Area to Districts' facilities. For purposes of such payment, the Districts will determine quarterly an estimate of projected Wastewater discharges to Districts in the succeeding calendar quarter, and shall invoice the Disposal Costs accordingly. Annual adjustments, based on actual flow, BOD and Suspended Solids shall be made by appropriate payment or refund after the close of each of Districts' fiscal years. Disposal Costs shall be calculated at the same rate for all Treatment and Disposal Rights, regardless of the acquisition date. 5. Quality Criteria. The quality of Wastewater discharged from SAWPA's SARI Service Area into the Districts' facilities shall comply with all prohibitions and limits on discharges and all other requirements set forth in the Districts' Ordinance, and any amendments thereof or successor ordinances thereto. Except as hereinafter set forth in this Section 5(a), compliance by SAWPA with all discharge limits contained in Districts' Ordinance shall be measured at the Green River Metering Station near the point of connection between SAWPA and Districts' facilities. Nothing herein shall alter the requirement that all users who discharge, directly or indirectly, to the SARI shall comply with all discharge limits at their original point of discharge to the sewerage system or that SAWPA, to ensure such compliance, is obligated to act in accordance with the 1991 Memorandum of Understanding between Districts and SAWPA, and any amendments thereof or successor Memorandum of Understanding thereto. WOODRUFF,SPRAMN &SMART 32319 1 8 July 11, 1996 _ (a) The Parties hereto acknowledge that the Districts are not presently requiring SAWPA to meet any discharge limits measured in pounds per day, including but not limited to the BOD discharge limit which is set forth in Districts' Ordinance. Districts reserve the right to impose reasonable discharge limits measured in pounds per day on SAWPA, measured at the location(s) acceptable to both Parties. (b) SAWPA shall, upon Districts' request, furnish and periodically update a list of all persons discharging Wastewater into SAWPA's system, together with a statement of the approximate volume and quality of such discharges. It is not intended that this Agreement will furnish SAWPA a competitive advantage in the location of industrial plants within SAWPA's SARI Service Area or at a location tributary to the SARI. Accordingly, SAWPA shall not without prior written consent of Districts, make capacity in its system available to any person who was declined Wastewater service from Districts by reason of that person's inability to meet the Districts' Ordinance requirements, prohibitions or discharge limits. (c) A quality monitoring program for Wastewater discharged from SAWPA's SARI Service Area to Districts, which program is acceptable to all parties shall be established and maintained and all costs thereof shallbe borne by SAWPA.. (d) Should the EPA, California Environmental Protection Agency, Regional Water Quality Control Board or any other regulatory agency with authority over Districts lawfully direct that the Districts further regulate SAWPA's discharge and/or activities, SAWPA shall comply with such additional discharge limits and/or directives. (e) SAWPA shall not discharge or allow the discharge of any sludge to the SARI. (f) The Districts may authorize the discharge to the SARI of certain side stream flows from water treatment facilities located in SAWPA's SARI Service Area. No discharge of side stream flows shall commence unless SAWPA has first obtained written authorization, which,shall not be unreasonably withheld, from Districts for the discharge, which authorization may contain conditions and requirements acceptable to both Parties. 6. Quality Violations. SAWPA shall comply with all requirements, prohibitions and discharge Iimits set forth in Districts' Ordinance. In the event the Wastewater delivered by SAWPA into the Districts' facilities fails to comply with the requirements, prohibitions or discharge limits of Districts' Ordinance, Districts reserve the right, upon twenty-four (24) hours' notice, to suspend all or part of SAWPA's use of the Districts' facilities and to suspend the exercise by SAWPA of all or part of its Treatment and Disposal Right until such time as the Wastewater complies with Districts' Ordinance. WOODRUFF,SRRADLIN &SMART 32310 1 9 JuIV 11, 1996 (a) In the event that SAWPA fails to comply with any requirements set forth in Districts' Ordinance, including but not limited to all discharge prohibitions or limits, SAWPA shall be subject to enforcement actions pursuant to all applicable federal, state and local laws, including but not limited to California Government Code section 54739 et seq. and Districts' Ordinance, Article 6, Section 615, and any subsequent or successor section thereto. In addition, SAWPA shall pay to Districts all reasonable costs of any damage to Districts' facilities caused by the discharge of Wastewater from SAWPA's SARI Service Area to Districts' facilities. These costs shall include but not be limited to any costs of repair, investigation and Districts' administrative overhead. 7. Reclaimable Wastewater. SAWPA shall, in good faith, make reasonable efforts to minimize direct or indirect Reclaimable Wastewater discharges to the SARI, which discharges originate in SAWPA's SARI Service Area. 8. Metering. SAWPA shall pay all costs, including but not limited to, equipment costs, employee time and administrative overhead associated with maintaining, calibrating, reading, testing, repairing, adjusting and, if it becomes necessary,-replacing the recording and totalizing flow meter at the Green River Metering Station. SAWPA shall also reimburse the Districts for all costs associated with the installation, maintenance and repair of electronic/ telemetry equipment which allows the Districts to monitor flow through the Green River Metering Station from other District facilities. Should the meter malfunction, flows shall be estimated using the average flows of the three previous months until such time as the meter is repaired. All repairs to the flow meter shall be accomplished by SAWPA within a reasonable time. 9. Assignment. This Agreement shall not be transferred or assigned by SAWPA without the prior written consent of Districts, which consent shall not be unreasonably withheld; provided, however, that nothing herein contained shall prevent SAWPA from designating for, or allocating to, public agencies or other users within SAWPA's SARI Service Area upstream from Districts, a portion of the Treatment and Disposal Right provided for herein, so long as such action does not affect SAWPA's liabilities and obligations to Districts. SAWPA shall be the public entity having primary responsibility for regional reallocation, in the area upstream from Districts, of this Treatment and Disposal Right. 10. Fees/Charges. To the extent that Districts establish any fee for capital assessments or any other fees adopted pursuant to California Health and Safety Code section 5470 et seq., or other legislative authorization, which fees are not duplicative of the fees herein and which are applicable to dischargers within Districts' service area, SAWPA shall be obligated to pay such fees in the same manner as the dischargers within Districts' service area. For purposes of this section, the term "fees" shall be synonymous with "charges". 11. Protection of Districts Facilities. SAWPA acknowledges that Districts' policy provides for the Wastewater flow from SAWPA's SARI Service Area to be sent to Districts' Plant No. 2 treatment works in Huntington Beach due to the high levels of Total Dissolved Solids in the Wastewater and the discharge from the Stringfellow Treatment Facility. WOODRUFF.SPRADLIN &SMART 323191 10 July 11, 1996 Furthermore, SAWPA acknowledges that when water reclamation occurs at Districts' Plant No. 1, Districts cannot accept the wastewater discharge from the Stringfellow Treatment Facility at Plant No. 1. If Districts determine to repair or replace Districts' facilities or need to divert, on a temporary bass, the flow received from SAWPA's SARI Service Area to Districts' Plant No. 1, Districts shall provide written notice to SAWPA of this determination to divert to Plant No. 1 as soon as reasonably practicable. In accordance with this notice, SAWPA shall, at its sole expense, prevent the discharge of Wastewater to the SARI from the Stringfellow Treatment Facility, or such other source of Wastewater within SAWPA's SARI Service Area that Districts determine may adversely affect the operation of Districts' facilities during the diversion by Districts of SAWPA flow to Districts' Plant No. 1. Nothing in this Section 11 is intended to preclude the discharge from SAWPA's SARI Service Area of discharges consisting solely of other wastewater brines. While the parties are presently unable to predict events which may lead to diversions of the Wastewater flow from SAWPA's SARI Service Area to Districts' Plant No. 1, it is the parties' estimate that such diversions will not average more than-ten (10) business days annually. During such diversions, the Districts will provide a temporary discharge location within the County of Orange for the discharge by SAWPA of the wastewater discharge from the - Stringfellow Treatment Facility to Districts' facilities. 12. Acts of God. Neither party hereto shall be liable for failure to comply with any term or condition of this Agreement by reason of flood, fire, earthquake or act of God; provided, that due diligence is exercised to repair or replace facilities damaged and to perform hereunder following such occurrence. Districts and SAWPA shall each pay their proportional share of the net cost of such replacement, based upon the capacity held and used by each at such time. 13. Arbitration. In the event of a dispute as to the construction, interpretation or implementation of this Agreement or any rights or obligations hereunder, the issues in dispute shall be submitted to arbitration. (California Code of Civil Procedure, Part 3, Title 9, §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 arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure, §1283.05. The arbitrator, or three 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 judicial 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. 14. Attorney Fees. Each party will pay its own costs and attorney fees associated with any litigation or-other proceeding concerning the provisions of this Agreement. 15. 1972 Agreement. The 8 MGD Treatment and Disposal Right previously acquired by SAWPA pursuant to the 1972 Agreement shall, upon the effective date of this Agreement, be deemed to have been acquired by SAWPA pursuant to the terms of this Agreement. This present Agreement supersedes all terms and conditions of the 1972 Agreement between WOODRUFF.SPSAOLIN &SMART 323191 July 11, 1996 - CBMWD and Districts, the rights and obligations of which Agreement were assigned by CBMWD to SAWPA in 1974. The 1972 Agreement shall have no further effect as of the effective date of this Agreement. 16. Integration. This Agreement represents the entire understanding of the parties as to those matters contained herein. No prior or contemporaneous oral or written understandings shall be of any force or effect with respect to those matters covered by this Agreement, except that nothing herein shall affect the terms of the April 1, 1991 Memorandum of Understanding between Districts and SAWPA. 17. Modifications. This Agreement shall not be changed, modified or supplemented except in a writing signed by the parties hereto. 18. No Waiver. No delay or omission in the exercise of any right or remedy available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver of any default or condition hereunder must be in writing and shall not be construed as a waiver of any other default concerning the same or any other provision of this Agreement. 19. Headings. Headings of the Sections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. 20. Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, such provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired by such determination. 21. Notices. All notices and other communications given hereunder shall be in writing and shall be personally delivered or mailed by registered or certified mail, return receipt requested, and postage prepaid, addressed as follows: If to SAWPA: Santa Ana Watershed Project Authority Attention: General Manager 11615 Sterling Avenue Riverside, California 92503 If to Districts: County Sanitation Districts of Orange County Attention: General Manager P. O. Box 8127 10844 Ellis Avenue Fountain Valley, California 92728-8127 22. Interpretation of Governing Law. This Agreement shall be construed as if prepared by all parties hereto. The provisions of this Agreement shall be construed and enforced in accordance with the laws of the State of California. WOODRUFF.SPRADLIN&SMART 323191 12 July 11, 1996 - 23. Cognteroarts and Execution. This Agreement may be executed in multiple counterparts, and each of which shall be deemed an original Agreement; and all of which constitute one Agreement. 24. Limitation on Discharge. Except to the extent connections presently exist, SAWPA shall not allow, directly or indirectly, the discharge to the SARI of any Wastewater originating outside SAWPA's SARI Service Area, unless SAWPA first obtains Districts' written approval of such discharge. 25. Termination. The terms of this Agreement shall expire on April 12, 2046. 26. Third Party Beneficiaries. No benefit to any third party is intended by this Agreement. _ 27. SARI Capacity Rights. Nothing in this Agreement shall be deemed to create any right of SAWPA to capacity in the SARI, nor any obligation of Districts to provide such capacity. Capacity rights for the SARI are set forth in the Waste Water Interceptor Capacity Agreement, except that the second sentence in Section 8-(pages 6-7) of that Agreement shall be amended to read as follows: "The flow level from SAWPA's SARI Service Area shall not exceed SAWPA's then-current Treatment and Disposal Right acquired pursuant to the 1996 Wastewater Treatment and Disposal Agreement between SAWPA and the Districts and, in no event, shall exceed the capacity right acquired pursuant to this Waste Water Interceptor Capacity Agreement." 28. Stormwater Discharges. The parties hereto acknowledge that the discharge of stormwater to the SARI is not authorized. SAWPA shall take all reasonable steps necessary to ensure that neither public agencies nor private persons or entities discharge stormwater directly or indirectly to the SARI._ 29. In eres . In the event that SAWPA fails to make payment within forty-five (45) days from the date of any of Districts' invoices, SAWPA shall, pursuant to California Health and Safety Code section 5473.10, pay interest at the rate of one and one half percent (1'h%) per month on charges and fees owed to Districts or District No. 2. 30. Changes in Fees/Charges. The parties acknowledge that Districts may adopt fundamental changes in the formulas used for assessing fees and charges to Districts' users. If such fundamental changes are adopted, the parties agree to negotiate in good faith to establish new equitable fees and charges applicable to the discharge from SAWPA's SARI Service Area to Districts' facilities. 31. Meet and Confer. The parties shall meet and confer within one (1) year following the effective date of this Agreement to determine whether the provisions of this Agreement are functioning as anticipated and to attempt, in good faith, to resolve any issues arising during the implementation of this Agreement. The parties may meet at any other time during the term of this Agreement toward the same end. WOODRUFF.SPFADLIN &SMART 323191 13 Jury 11, 1996 32. Notice Re Continuing Guaranty. On or before July 1 of each year during the term of this Agreement, SAWPA shall provide written notice to the Districts allocating among SAWPA's members the respective percentages of SAWPA's total liability to Districts for which each SAWPA member agency is guaranteeing payment pursuant to the attached Continuing Guaranty of Wastewater Treatment and Disposal Agreement. Each percentage allocated shall be deemed that member agency's pro rata share of SAWPA's financial obligations to the Districts during the immediately succeeding year (July 1 - June 30). In no event shall the combined percentages allocated in the written notice be less than 100% of SAWPA's total liability to the Districts. SAWPA's timely delivery to the Districts of notice in compliance with this Section is a material term of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. SANTA�ANA WATERSHED PROJECT AUTHORITY By: V U'a�xktlbP� e sN.� Chairin4rl, SAWPA Commission ri COUNTY SANITATION District NO. 1 OF ORANGE COUNTY, CALIFORNIA, for itself and on behalf of County Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California BY: �c Q ^Ch,iir yi, Board of Dr c//t By: �iUt, l Secretary, B d of rectors APPROVED AS TO FORM: THOMAS L. WOODRUFF, Districts' ,Counsel �s r 47j1 WOODRUFF.SPRADLIN d SMART 32318 1 14 JUIV 11, 1999 ORDINANCE NO. OCSD-39 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING WASTEWATER DISCHARGE REGULATIONS,REVISING ARTICLE 1, SECTION 104, AND REPEALING ORDINANCE NO. OCSD-37 The Board of Directors of the Orange County Sanitation District (OCSD) does hereby FIND: A. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan — 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of OCSD Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts; and, B. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016, and other provisions of law; and, C. That the OCSD, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999; and, D. That in June 2002 the OCSD completed the Interim Strategic Plan Update (ISPU) which further updated these critical factors and developed revised cost estimates and user fee projections for upgrading the OCSD's level of treatment to secondary standards. On July 17, 2002, after reviewing: (1) the ISPU treatment alternatives, (2) ocean monitoring data, (3) public input, (4) regulatory issues, and (5) financial considerations, the Board of Directors made the decision to upgrade our treatment to meet secondary treatment standards; and, Page 1 of 80 I' IIIIIIIIIIIIIIIIIIf II'III11111IIII 7019095070987 Ordinance OCSD-39 E. That the OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, at seg.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 at seg.), to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers; and, F. That the OCSD is required by federal, state and local law to meet applicable standards of treatment plant effluent quality; and, G. 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. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I: Wastewater Discharge Regulations governing the use of OCSD sewerage facilities are hereby enacted to provide: ARTICLE 1 GENERAL PROVISIONS 101. PURPOSE AND POLICY This ordinance sets uniform requirements for Users of OCSD's facilities and enables OCSD to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 at seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). This Ordinance shall be interpreted in accordance with the definitions set forth in Section 102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of the OCSD. A. The purpose of this Ordinance is to provide for the maximum public benefit from the use of the OCSD 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 the OCSD, including, but not limited to, administration, operation, monitoring, Page 2 of 80 maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves; B. This ordinance is meant to protect both OCSD personnel who may be affected by wastewater, sludge, and biosolids in the course of their employment and the general public; C. To comply with Federal, State, and local policies and to allow the 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 the OCSD's sewerage systems, processes, effluent quality, biosolids quality, air emission characteristics, or inhibit the 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 waste minimization by all users connected to a public sewer. It is the OCSD's intent to limit future increases in the quantity (mass emission) of waste constituents being discharged. This Ordinance also provides for regulation of the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. D. Since the OCSD is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply, the implementation of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, the Ordinance will be amended to reflect those changes. E. Since the 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 may necessitate more stringent quality requirements on wastewater discharges. F. Since the OCSD is also committed to meet applicable air quality goals established by the South Coast Air Quality Management OCSD, more stringent quality requirements on wastewater discharges may be required to meet such goals. 102. DEFINITIONS Page 3 of 80 A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste 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, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials Uniform Building Code, Current Edition. 1. 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. 2. 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. 3. Board shall mean the Board of Directors of the Orange County Sanitation District. 4. Bvipass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 5. Capital Facilities Connection Charge shall mean the payment of a fee, imposed by the governing Board of the 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 the OCSD sewerage facilities as a new system user. This charge, whose rates areas set forth in a separate Ordinance, is expressly authorized by the provisions of California Health & Safety Code Sections 5471 and 5474. 6. Charge For Use shall mean the OCSD's sanitary sewer service Page 4 of 80 charge, a charge established and levied by the OCSD upon residential, commercial and industrial users of the OCSD's system, pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in proportion to the use of the treatment works by their respective class, that provides for the recovery of the costs of operation and maintenance expenses, capital facilities rehabilitation or replacement, and adequate reserves for the sewage treatment works. The minimum charge for use is the Annual Sewer Service Fee Residential Users 7. Chemical Oxygen Demand (COD) shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in wastewater. 8. Class I User shall mean any user who discharges wastewater that: a) is subject to Federal Categorical Pretreatment Standards; or b) averages 25,000 gallons per day or more of regulated process wastewater; or c) is determined to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limit, or discharge requirement; or d) may cause, pass through or interference with the OCSD sewerage facilities 9. Class II Use shall mean any industrial user whose charge for use is greater than 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. 10. 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. 11. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliforrn bacteria, plus other pollutants that the 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 the Page 5 of 80 OCSD's system or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standard, local limit, or other discharge requirement. 12. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either Flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. 13. Connection Permit shall mean a permit issued by the OCSD, upon payment of a capital facilities connection charge, authorizing the permittee to connect directly to a OCSD sewerage facility or to a sewer which ultimately discharges into a OCSD sewerage facility. 14. Control Authority shall mean the Orange County Sanitation District. 15. Department Head shall mean that person duly designated by the General Manager to direct the Technical Services Department, including the Source Control Division and perform those delegated duties as specified in this Ordinance. 16. 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. 17. District shall mean the Orange County Sanitation District. 18. Division Head shall mean that person duly designated by the General Manager to implement the OCSD's Source Control Program and perform the duties as specified in this Ordinance. 19. Domestic Seotaoe shall mean the liquid and solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic wastewater. 20. Domestic Wastewater shall mean the liquid and solid waterbome 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. 21. Downstream Semolina 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 Page 6 of 80 commercial discharger. 22. 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. 23. Enforcement Compliance Schedule Agreement (ECSA) shall mean a mutual agreement between the OCSD and pennittee requiring implementation of necessary pretreatment practices and/or installation of equipment to ensure permit compliance. 24. 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. 25. 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. 26. Flow Monitoring Facilities shall mean equipment and structures provided at the users expense to measure, totalize, and/or record, the incoming water to the facility or the wastewater discharged to the sewer. 27. General Manager shall mean the individual duly designated by the Board of Directors of the OCSD to administer this Ordinance (REFER TO SECTION 107). 28. Grab Sample shall mean a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. 29. Industrial User shall mean any user that discharges industrial wastewater. 30. Industrial Wastewater shall mean all liquid-carried wastes and Page 7 of 80 wastewater of the community, excluding domestic wastewater and domestic septage, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other operation. 31. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. 32. Interference shall mean any discharge which, alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the 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 the OCSD's NPDES permit or prevents lawful biosolids or treated effluent use or disposal. 33. LEL (Lower Explosive Limit l 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. 34. Local Sewerina Agency shall mean any public agency or private corporation responsible for the collection and disposal of wastewater to the OCSD's sewerage facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 35. Maior Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission 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. 36. 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 Page 8 of 80 particular constituent or combination of constituents. 37. Maximum Allowable Discharge Limit shall mean the maximum quantity or concentration of a pollutant allowed to be discharged at any period of time. 38. May shall mean permissive or discretionary. 39. 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. 40. Milligrams Per Liter(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. 41. Minor Violation shall mean a discharge over the permitted discharge limit as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission 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. 42. 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. 43. 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. 44. New Source shall mean those sources that are new as defined by 40 CFR 403.3(k) as revised. Page 9 of 80 45. Non-Compatible Pollutant shall mean any pollutant which is not a compatible pollutant as defined herein. 46. Normal 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. 47. OCSD shall mean Orange County Sanitation District. 48. OCSD Sewerage Facility or System shall mean any property belonging to the OCSD used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or biosolids. 49. 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. 50. M 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. 51. Pass Through shall mean discharge through the 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 the OCSD's NPDES permit. 52. Permittee shall mean a person who has received a permit to discharge wastewater into the OCSD's sewerage facilities subject to the requirements and conditions established by the OCSD. 53. Person shall mean any individual, partnership, copartnership, company, firm, association, corporation or public agency, joint stock company, trust, estate, or any other legal entity; or their legal representatives, agents, assigns, including all Federal, State, and local governmental entities. 54. Pesticides shall mean those compounds classified as such under Federal or State law or regulations including, but not limited to DDT (dichlorodiphenyltdchloro-ethane, both isomers), DOE (dichlorodiphenyl-ethylene), DOD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha [a], beta [0], and gamma Page 10 of 80 isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), toxaphene, a-endosulfan, O-endosulfan, Endosulfan sulfate, Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion, Malathion, Methoxychlor, Mirex, and Parathion. 55. Pollutant shall mean any constituent, compound, or characteristic of wastewaters on which a discharge limit may be imposed either by the OCSD or the regulatory bodies empowered to regulate the OCSD. 56. Polychlorinated Biohenvls (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. 57. 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 the OCSD prior to, or in lieu of, discharge of the wastewater into the OCSD's system. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means. 58. 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. 59. 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 in order to prevent: a) interference with the OCSD's operation; or b) biosolids contamination; or c) pass through into receiving waters or into the atmosphere. 60. Public Aaencv shall mean the State of California and any city, county, district, other local authority or public body of or within this State. 61. Public Sewer shall mean a sewer owned and operated by the Page 11 of 80 OCSD, a city or other local sewering agency which is tributary to the OCSD's sewerage facilities. 62. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, at seq.) and as amended. 63. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of the 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). 64. Reaulatory Compliance Schedule Agreement (RCSA) shall mean an agreement between the 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. 65. Sample Point shall mean a location accepted by the OCSD, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled. Page 12 of 80 66. Semolina Facilities shall mean structure(s) provided at the user's expense for the OCSD or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. 67. Sanitary Waste shall mean domestic wastewater, human excrement and gray water (household showers, dishwashing operations, etc). 68. Septic Waste shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 69. Service Area shall mean an area for which the OCSD has agreed to either provide sewer service, or wastewater treatment, or wastewater disposal 70. Sewa a shall mean wastewater. 71. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater or sludge or biosolids. 72. Shall mean mandatory. 73. 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. 74. Slue Load shall mean a discharge that exceeds the prohibitions stated in Section 201 and significantly exceeds the usual user flow or pollutant loading, either mass or concentration. 75. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supemate from a manufacturing process, utility service, or pretreatment facility. 76. Soecial Assessment Credit shall mean the portion of the secured property tax bill that represents the regional special assessment sewer user fee as defined by the OCSD. 77. Special Purpose Use shall mean any discharger who is granted a Special Purpose Discharge Permit by the OCSD to discharge unpolluted water, storm runoff, or groundwater to the OCSD's sewerage facilities. 78. Spent Solutions shall mean any concentrated industrial wastewater. Page 13 of 80 79. Spill Containment shall mean a protection system installed by the permittee to prohibit the discharge to the sewer of non-compatible pollutants. 80. 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. 81. Suspended Solids shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said waste by laboratory filtration as determined by the appropriate testing procedure and expressed in terms of milligrams per liter. 82. Tax Credit shall mean the Annual Regional Sewer Service Charge on the Secured Property tax bill. 83. Total Organic Carbon (TOC) shall mean the measure of total organic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 84. Total Toxic Oroanics (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. 85. Unpolluted Water shall mean water to which no pollutant has been added either intentionally or accidentally. 86. 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 or Industrial User. 87. Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 88. Waste Manifest 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 Page 14 of 80 retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by the OCSD. 89. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the OCSD's system. 90. 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. 91. 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. 92. Wet Weather shall mean any period of time during which measurable rainfall occurs within of 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. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 103. CONFIDENTIAL INFORMATION All user information and data on file with the OCSD shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the 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 Page 15 of 80 time of submittal of the Information by marking the submittal "Confidential Business Information"on each page containing such Information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Wastewater constituents and characteristics and other effluent data, as defined In 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public. 104. TRANSFER OF PERMITS A. Permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or for a specific wastehauler, and create no vested rights. 1. 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. 2. Except as expressly set forth herein, no permit for an existina facility may be transferred to a new owner and/or operator of that facility. B. 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. C At least thirty (30) days prior to the sale or transfer of ownership of any business operating under a permit Issued by the OCSD, the permittee shall notify the OCSD in writing of the proposed sale or transfer. The successor owner shall apply to the OCSD for a new permit at least fifteen (15) days prior to the sale or transfer 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 permit is issued by the OCSD to the successor owner. D. The written notification of Intended transfer shall be in a form approved by the OCSD and shall include a written certification by the new owner and/or operator which: 1. States that the new owner or operator has no immediate intent to modify the facility's operations and/or processes; Page 16 of 80 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges that the new owner or operator is fully responsible for complying with the terms and conditions of the existing permit and all provisions of this Ordinance. 105. EFFECT OF TRANSFER OF PERMITS Except as expressly set forth in Section 104.C, any permit which is transferred to a new owner and/or operator or to a new facility is void. 106. AUTHORITY The 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 the OCSD the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to the OCSD's sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the 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, whether within or outside the OCSD's boundaries, including those users that are tributary to the OCSD or within areas for which the OCSD has contracted to provide sewerage services. The OCSD has the authority pursuant to California Health and Safety Codes 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by the 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 have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of perjury that this information was obtained in accordance with the Federal Pretreatment Requirements. Moreover, based upon my inquiry of those individuals Page 17 of 80 immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties not limited to fines and Imprisonment for submitting false information." The statement shall be signed by an authorized representative of the industrial user as defined In 40 CFR 403 or as defined and designated by the OCSD. ARTICLE 2 GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE 201. PROHIBITED DISCHARGES These prohibitions apply to all users of the OCSD facilities whether or not they are subject to Federal Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements. A. General Prohibitions. 1. No user shall Introduce or cause to be introduced Into the OCSD any pollutant, wastewater, or flow which causes pass through or interference or would cause the OCSD to violate any Federal, State, or local regulatory requirement. 2. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause the OCSD to violate any Federal, State, or local regulatory permit. 3. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or Indirectly to the OCSD sewerage system without written permission from the OCSD. 4. No person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the OCSD sewerage facilities, wastewater which contains any substance that is defined as a hazardous waste by the Regulatory Agencies. B. Specific Prohibitions. No user shall introduce or cause to be Introduced Into the sewerage facilities, pollutants, substances, or wastewater which: 1. Creates a fire or explosive hazard in the sewerage facilities including, but not limited to, wastestreams with a closed-cup Page 18 of 80 flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is 10% or greater of the lower explosive limit(LEL). 2. Causes obstruction to the flow in the sewer system 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 sewers 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, the OCSD's treatment plant effluent to fail a toxicity test. 7. Caused the OCSD's effluent or any other product of the treatment process, residues, biosolids, or scums, to be unsuitable for reclamation, reuse or disposal. 8. Causes discoloration or any other condition which affects the quality of the OCSD's influent or effluent in such a manner that inhibits the 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 Standard, 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. Page 19 of 80 13. Has a maximum Biochemical Oxygen Demand (BOD) greater than 15,000 pounds per day. 14. Is in excess of the permitted mass emission rates established in accordance with: Section 212, or the concentration limits set forth in Table I, or the discharge permit. 15. Contains material which will readily settle or cause an obstruction to flow in the sewer resulting in interference, such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, cat litter, asphalt, wood, bones, hair, and fleshings. 202. PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit or to establish an artificially high flow rate for permit mass emission rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER A. No person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 304 or 305, at seq., the OCSD may approve the discharge of such water only when no aRemate method of disposal is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Dry Weather Urban Runoff Permit or a Special Purpose Discharge Permit from the OCSD. Page 20 of 80 C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 204. PROHIBITION ON UNPOLLUTED WATER A. No person shall discharge unpolluted water such as single pass cooling water directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 305, at seq., the OCSD may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the OCSD. C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 205. RESERVED 206. PROHIBITION ON THE USE OF GRINDERS A. Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. B. Waste from Food Service Establishments operating a grinder is prohibited and shall not be discharged into a public sewer unless written authorization from the OCSD General Manager or his designee is obtained. 207. PROHIBITION ON POINT OF DISCHARGE No person, except local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the OCSD upon written application by the user and payment of the applicable fees and charges established herein. Page 21 of 80 208. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES-TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION A. No Wastehauler shall discharge to the OCSD 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 Permit and a OCSD Wastehauler Permit as required by Section 306. Such wastewaters shall be discharged only at locations designated by the OCSD, and at such times as established by the OCSD. The OCSD may collect samples of each hauled load to ensure compliance with applicable standards. B. No Wastehauler shall discharge domestic septage or other approved waste or wastewater constituents in excess of Limits in Table I. C. The discharge of industrial wastewater by any Wastehauler is prohibited unless written permission of the General Manager has been obtained, the proper permits have been obtained, and the waste meets Federal and State limits applicable to the user from which the waste was obtained; or Maximum Local Discharge Limits as specked in Table I, whichever are more stringent. The discharge of hauled industrial wastewater is subject to all other requirements of this ordinance. D. No Wastehauler shall discharge wastewater to sewers that are tributary to the OCSD's sewerage facilities that are from a source that is not within the OCSD's service area unless prior authorization is granted by the General Manager or his designee. E. No Wastehauler shall discharge directly or indirectly to the sewerage facilities any material defined as hazardous waste by RCRA or 40 CFR 261. F. Wastehaulers shall provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. G. Discharge at the OCSD disposal station shall be through an appropriate hose and connection to the discharge port. Discharging waste directly to the surface area of the disposal station is prohibited. H. Wastehauler hoses must be connected to the disposal station discharge port when being cleaned. I. Transferring loads between trucks or from portable toilets to trucks on Page 22 of 80 OCSD property Is prohibited unless permisslon from OCSD Is obtained. 209. RESERVED 210. PROHIBITION ON MEDICAL WASTE A. No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the General Manager. B. The OCSD shall have the authority to require that any discharge of an Infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Spent solutions, sludges, and materials of quantity or quality In violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of In a legal manner at a legally acceptable point of disposal as defined by the OCSD or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three years, and made available to the OCSD upon request. 212. MASS EMISSION RATE DETERMINATION A. Mass emission rates for non-compatible or compatible pollutants that are present or anticipated In the user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on Table I, 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 or his designee. B. To verify the user's operating data, the OCSD may require a user to submit an inventory of all wastewater streams and/or records indicating production rates. Page 23 of 80 C. The 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 the OCSD; the OCSD's ability to meet NPDES limits; or changes in the requirements of Regulatory Agencies. D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. TABLET ORANGE COUNTY SANITATION DISTRICT MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS(a) CONSTITUENT MILLIGRAMS/LITER Arsenic 2.0 Cadmium 1.0 Chromium(Total) 2.0 Copper 3.0 Lead 2.0 Mercury 0.03 Nickel 10.0 Silver 5.0 Zinc 10.0 Cyanide(Total) 5.0 Cyanide(Amenable) 1.0 Polychlorinated Biphenyls 0.01 Pesticides 0.01 Total Tom Organics 0.58 Sulfide(Total) 5.0 Sulfide(Dissolved) 0.5 Oil and grease of mineral or petroleum origin 100.0 Boo 15,000 Ibs/day MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE CONSTITUENT MILLIGRAMS/LITER Cadmium 1.0 Chromium 2.0 Copper 25.0 Lead 10.0 Nickel 10.0 Zinc 50.0 (a): Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. Page 24 of 80 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES 301. INTRODUCTION A. To provide the maximum public benefit from the use of OCSD sewerage facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. The OCSD reserves the right to establish, by Ordinance or in Wastewater Discharge Permits, more stringent standards or requirements on discharges to the OCSD sewerage facilities if deemed by the General Manager appropriate to comply with the objectives presented in the Introduction and Summary of this Ordinance and the prohibitions and limitations in Article 2. B. The discharge permit shall be in one of five forms and is dependent upon the type of discharger, volume, and characteristics of discharge. The five discharge permits are: 1. Class I Wastewater Discharge Permit. 2. Class II Wastewater Discharge Permit. 3. Dry Weather Urban Runoff Discharge Permit. 4. Special Purpose Discharge Permit. 5. Wastehauler Discharge Permit. 302. CLASS I WASTEWATER DISCHARGE PERMITS A. No user requiring a Class I permit shall discharge wastewater without obtaining a Class I Wastewater Discharge Permit. B. Class I Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class I users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 302.1 and paying the applicable fees pursuant to Section 302.3. For purposes of this Ordinance, a Class I Page 25 of 80 user is any user: 1. Subject to Federal Categorical Pretreatment Standards; or 2. Discharging wastewater which averages 25,000 gallons per day or more of regulated process water; or 3. Discharging wastewater determined by the OCSD to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limits, or discharge requirement; or 4. Discharging wastewater which may cause, as determined by the General Manager, pass through or Interference with the OCSD system. 302.1 Class I Wastewater Discharas Permit Application A. Any person required to obtain a Class I Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), NAICS number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 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 the OCSD, including, but not limited to, those mentioned in Section 212, Mass Emission Rate Determination, and Table I, Local Discharge Limits, of this Ordinance. These constituents and Page 26 of 80 characteristics shall be determined by a laboratory selected by the discharger and acceptable to the 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 manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, If applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the OCSD to properly evaluate the permit application. D. After evaluation of the data, the 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's sewerage facilities. E. The permit application may be denied if the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an Inability to comply with applicable discharge limits. F. The permit application may be denied if the applicant has in the past demonstrated an inability to keep current with OCSD invoices for items Page 27 of 80 such as Permit Fees, Non-Compliance Fees, Civil Penalties, Administrative Civil Penalties, Charges for Use, and Supplemental Capital Facilities Capacity Charges. 302.2 Class I Permit Conditions. and Limits A. A Class I permit shall contain all of the following conditions or limits: 1. Mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the OCSD in writing prior to modification to processes or operations through which Industrial wastewater may be produced. 3. Location of the user's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards, BMP-based Categorical Pretreatment Standards and/or local limits, and/or waste manifests. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by OCSD. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions 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. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. Page 28 of 80 4. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 5. Other terms and conditions which may be appropriate to ensure compliance with this Ordinance or determined by the General Manager or his designee to be appropriate to protect the sewerage system. 302.3 Class I Permit Fee A. The Class I permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application Is submitted for the issuance of a new permit or a renewed permit. Payment of permit must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permiltee 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 621.(E) of this Ordinance. 302.4 Class I Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification Is appropriate to further the objectives of this Ordinance. B. New source Indirect dischargers shall be required to Install and start up any necessary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatment Standards not to exceed thirty(30) days after the commencement of discharge. Page 29 of 80 C. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. D. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 302.5 Class I Permit Duration and Renewal Class I permits shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class I Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the 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 facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class I Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the unit charge rates adopted 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 the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding I2-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of Invoicing by the OCSD. A 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. Page 30 of 80 C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the regional sanitary sewer service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for the OCSD administrative costs when regional sanitary sewer service charge data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD's Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the 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 the OCSD obtains water use data. The OCSD's Board of Directors shall adopt the amount of the fee. E. The charge for use shall be computed by the following formula: Charge for Use = VaV+ BB + SS -Tax Credit Where V =total annual volume of flaw, 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 the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: F. The Unit Charge rates in the charge-for-use formula shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This Charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable Page 31 of 80 requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system In the budgeted year. 2. A Capital Facilities Replacement Service component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among wastewater charge parameters of flow, biochemical oxygen demand, and suspended 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 V,, and in dollars per thousand pounds for B, and S,. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOD of the wastewater and the parameter of measure. This relationship shall be used by the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. Page 32 of 80 The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 303. CLASS II WASTEWATER DISCHARGE PERMITS A. No user requiring a Class II permit shall discharge wastewater without obtaining a Wastewater Discharge Permit. B. Class II Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class II users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater discharge 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, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit, and 2. Discharging waste other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharge Permit Application A. Any person required to obtain a Class II Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the 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. Page 33 of 80 2. (Whichever is applicable) Name, address of any and II 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 the OCSD, including, but not limited to, those mentioned In Section 212, Mass Emission Rate Determination, and Table I, Local Discharce Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the OCSD. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, 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. Page 34 of 80 B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to property evaluate the permit application. D. After evaluation of the data furnished, the OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD system. E. The permit application may be denied If the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or If the applicant has, in the past, demonstrated an Inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions and Limits A. A Class II permit shall contain all of the following conditions or limits: 1. Applicable mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the 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 manifests. 5. Requirements to submit copies of tax and water bills. B. A Class II permit may contain any of the following conditions 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. Page 35 of 80 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 manifests as specked 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 the OCSD's system. 303.3 Class II Permit Fee A. The Class II permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of the permit fee must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be Incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 303.4 Class II Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or Page 36 of 80 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be Informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions In the permit shall include a reasonable time schedule for compliance. 303.5 Class II Permit Duration and Renewal Class 11 permits shall normally be issued for a period not to exceed three (3) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 303.6 Class II Permit Charge for Use A. The purpose of a charge for use Is to ensure that each recipient of sewerage service from the 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 sewerage facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who Is Issued a Class II Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the Unit Charge rates adopted 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 the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the OCSD. A credit will be allowed for any regional sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the regional sanitary sewer Page 37 of 80 service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the 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 sanitary sewer service charge data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of Its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the 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 the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. E. The charge for use shall be computed by the following formula: Charge for Use =V.V + 13,13 + S,S - Tax 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 V,,B,,S, = Unit Charge rates adopted annually by Ordinance of the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below. F. The unit charge rates in the charge for use formula shall be established annually and shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Managers determination as to the costs associated with each parameter and pursuant to applicable Page 38 of 80 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 V„ and In dollars per thousand pounds for B, and S,. G. Other measurements of the organic content of the wastewater of a discharger, such as COD or TOC, may be used instead of BOD. However, the discharger must establish to the General Manager's satisfaction a relationship between the BOD of the wastewater and the other parameter of measure. This relationship shall be used by the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects Page 39 of 80 normal employment fluctuations. 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS A. No user shall discharge urban runoff directly to OCSD's sewerage system without obtaining a Dry Weather Urban Discharge Permit. B. OCSD shall determine whether the dry weather urban runoff proposed to be discharged into OCSD's sewerage system may cause a potential environmental risk and/or health hazard that cannot be economically or practically control by alternative disposal methods. C. Dry Weather Urban Runoff Permits shall be subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by OCSD. D. All users required to obtain a Dry Weather Urban Runoff 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. Dry Weather Urban Runoff Discharge Permit Application A. An applicant shall contact OCSD prior to any construction of facilities and discharge of dry weather urban runoff into the sewerage system to determine if the discharge of dry weather urban runoff to the OCSD sewerage facilities is feasible. B. Applicants shall complete and file with OCSD, prior to commencing discharge, an application in the form prescribed by OCSD. This application shall be accompanied by applicable fees, design plans, a detailed analysis of other disposal alternatives, or other data as needed by OCSD for review. The applicant shall provide justification that disposal alternatives for the dry weather urban runoff are not economically or practically feasible in lieu of sewer discharge. C. In addition to the discharge permit, OCSD may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized. D. Applicants shall provide adequate pretreatment and/or best management practices included within the applicants' plans to ensure that the applicable discharge limits shall be met. Dry Weather Urban Runoff Dischame Permit Condition and Limits Page 40 of 80 The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the following conditions or limits: A. Mass emission rates and concentration limits regulating non-compatible pollutants. B. Requirements 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). C. Requirements for the user to provide OCSD with its operations and maintenance plan, best management practices, and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff pollutants. D. Limits on rate and time of discharge or requirements for flow regulation and equalization prior to discharge to the sewerage system. E. Requirements to self-monitor the discharge to the sewerage system. F. The General Manager, or his designees, may Impose additional requirements as may be appropriate to reduce the burden on OCSD's collection, treatment, and disposal facilities. G. Prohibitions on the discharge, which may cause OCSD's effluent, biosolids, or any other product of its treatment process, to be unsuitable for reclamation, reuse, or disposal. Dry Weather Urban Runoff Discharge Permit Fee A. The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an amount established In the applicable Ordinance or Resolution 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. Dry Weather Urban Runoff Dlscharoe Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; Page 41 of 80 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 or his designee that such modification Is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested changes and the reasons for the change. OCSD shall review the request, make a determination on the request, and respond accordingly. C. A permittee shall be informed of any changes in the permit at least forty- five (45) days prior to the effective date change. Any changes or new conditions In the permit shall include a reasonable time schedule for compliance. Dry Weather Urban Runoff Discharge Permit Duration and Renewal Dry Weather Urban Runoff Permit shall normally be issued for a period not to exceed two (2) years. At least 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. Dry Weather Urban Runoff Discharge Permit Charas for Use A discharger who is issued a Dry Weather Urban Runoff Permit under the provision of this Ordinance shall pay a charge for use in accordance with rates established by Ordinance or Resolution adopted by OCSD's Board of Directors. Page 42 of 80 305. SPECIAL PURPOSE DISCHARGE PERMITS A. No user requiring a Special Purpose Discharge Permit shall discharge wastewater without obtaining a Special Purpose Discharge Permit. B. Special Purpose Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Special Purpose Discharge Permit users proposing to discharge directly or indirectly into the OCSD's sewerage facilities shall obtain a Wastewater 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 A. Applicants seeking a special purpose wastewater permit shall complete and file with the OCSD, prior to commencing discharge, an application in the form prescribed by the 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 the OCSD for review. B. The permit application may be denied when the applicant has failed to establish to the 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. 3052 Special Purpose Discharge Permit Conditions and Limits A. Discharge conditions and limits shall be no less stringent than Section 201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 212, Mass Emission Rate Determination; and Table I, Local Discharge Limits. B. Monitoring requirements for the discharge shall be for those non-compatible pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required for all constituents contained in the most current Environmental Protection Agency(EPA) "Priority Pollutant" list, excluding asbestos. Page 43 of 80 C. The 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 the OCSD's Sewerage Facility, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess a charge for use. 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Board of Directors. Payment of permit fees must be received by the 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 A. The terms and conditions of an Issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an Issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. A permittee shall be Informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Page 44 of 80 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall normally be issued for a period not to exceed three (3) 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 the OCSD for providing sewerage service and monitoring. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. 306. WASTEHAULER DISCHARGE PERMIT A. Wastehauler Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastehauler discharge permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. B. A Wastehauler proposing to discharge waste Into the OCSD disposal station shall obtain both a valid Orange County Health Department Permit (where applicable), and a OCSD Wastehauler Permit. 306.1 Wastehauler Discharge Permit Application A. No Wastehauler shall discharge wastewater without a Wastehauler Discharge Permit. B. Any person required to obtain a Wastehauler Discharge Permit shall complete and file with the OCSD prior to commencing discharge, an application in a form prescribed by the 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, address of any and all principals/owners/major shareholders of the company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. Page 45 of 80 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. 5. A copy of the applicant's Orange County Health Department Permit, where applicable. C. Other Information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the 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 the OCSD's system. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority pollutants. B. Requirements for maintaining and submitting waste hauling records and waste manifests. C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect the OCSD's system or as specified by other Regulatory Agencies. D. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 306.3 Wastehauler Discharge Permit Fee The Wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Boards of Directors. Payment of permit fees must be received by the 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. Page 46 of 80 306.4 Wastehauler Identification Decal and Access Card Transfer A. The identification decal is non-transferable. B. If a gate access card is issued, it shall be issued to a specific permitted vehicle and is non-transferable unless previously authorized in writing by the OCSD. 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on: 1. The dischargers current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 306.6 Wastehauler Discharge Permit Duration and Renewal Wastehauler discharge permits shall be issued for a period not to exceed one (1) year. Upon expiration of the permit, the user 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 the OCSD for providing the disposal station service and monitoring shall be established by Ordinance of the Board of Directors. Page 47 of 80 307. RESERVED 308. RESERVED 309. RESERVED 310. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for dischargers located outside the OCSD's boundaries but within the OCSD service area and tributary to the OCSD's sewerage facilities, may be Issued by a local sewering agency after approval by the OCSD. The OCSD shall have the right of inspection and sampling of the user's discharge to determine compliance with industrial waste discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the local agency. The more stringent of the industrial waste discharge regulations and effluent limits of the OCSD and the local agency shall apply to the discharger. B. Pursuant to Article 6 herein, the OCSD shall have the right to enforce the Federal Pretreatment Regulations, the provisions of this Ordinance, and permit conditions and limits applicable to any person located outside of the OCSD's service area, but whose discharge is tributary to the OCSD's sewerage facilities. C. The fees for use shall be determined by the OCSD and set forth in a use agreement with the local sewering agency. ARTICLE 4 FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by the OCSD: A. Applicants or users may be required to submit three copies of detailed facility plans. The submittal shall be in a form and content acceptable to the 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. Page 48 of 80 B. The drawing shall depict as a minimum the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. C. The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. D. Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. E. The OCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. F. Pennittee shall be required to submit updated detailed facility plans. 402. PRETREATMENT FACILITIES A. All users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all Categorical Pretreatment Standards, Table 1, Local Discharge Limits, and the prohibitions set out in Sections 201 (A) & (B) of this ordinance within the time limitations specified by EPA, the State, or OCSD, whichever is more _ stringent. Any facilities necessary for compliance shall be provided, operated by a qualified operator, and maintained in proper operating condition at the user's expense. B. All users may also be required by the OCSD to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's Permit. 403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS A. All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's Page 49 of 80 expense. B. The General Manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the OCSD shall evaluate whether each significant 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 the POTW 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. 404. MONITORING/METERING FACILITIES A. The OCSD may require the user to construct and maintain in proper operating condition at the user's sole expense, flow monitoring, constituent monitoring and/or sampling facilities. B Permittees may be required to Install and maintain an appropriate effluent flow monitoring device. Calibration of such flow monitoring device shall be done annually or as specified in the wastewater discharge permit. C. The monitoring or metering facilities may be required to include a security closure that can be locked with a OCSD provided hasp lock during sampling or upon termination of service. D. The location of the monitoring or metering facilities shall be subject to approval by the OCSD. E. The user shall provide immediate, clear, safe and uninterrupted access to Page 50 of 80 the OCSD to the user's monitoring and metering facilities. F. For all industries permitted by the OCSD, domestic wastewaters shall be kept segregated from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the permittee's sample point. 405. WASTE MINIMIZATION REQUIREMENTS A. 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 waste produced. B. A user may certify that their facility does not discharge any type of wastewater, containing pollutants that may directly or indirectly discharge into the OCSD sewerage system as a form of Best Management Practice (BMP), upon approval by the OCSD. ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS 501. MONITORING AND REPORTING CONDITIONS A. Monitoring for Annual Charge for Use The wastewater constituents and characteristics of a discharger needed for determining the annual charge for use shall be submitted in the form of self-monitoring reports by the user to the 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 the OCSD, and at the sole expense of the permittee. Analyses performed by OCSD's personnel may used in the determination of the annual charge for use. Page 51 of 80 B. Monitorina for Compliance with Permit Conditions or Reporting Requirements The 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. These reports include: (1) Baseline Monitoring Reports. (2) Compliance Schedule Progress Reports. (3) 90-Day Compliance Reports. (4) Periodic Reports on continued compliance. (5) Notification of the Discharge of Hazardous Waste. (6) Other reports as required by the OCSD. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the OCSD and shall be submitted upon request of the OCSD. When applicable, the self- monitoring requirement and frequency of reporting may be set forth In the user's permit as directed by the OCSD. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. If sampling performed by a user indicates a violation, the user must notify the OCSD within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the OCSD within thirty (30) days after becoming aware of the violation. Resampling by the Industrial user is not required if the OCSD performs sampling at the user between the time when the initial sampling was conducted and the time when the user or OCSD receives the results of this sampling, or if the OCSD has performed the sampling and analysis in lieu of the industrial user. If the OCSD performed the sampling and analysis in lieu of the industrial user, the OCSD will perform the repeat sampling and analysis unless It notifies the user of the violation and requires the user to perform the repeat sampling and analysis. Failure by the user to perform any required monitoring, or to submit monitoring reports required by the OCSD constitutes a violation of this Ordinance, may result in determining whether the permittee is in significant non-compliance, and be cause for the OCSD to initiate all Page 52 of 80 necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any limits and requirements specified in the user's permit or in this Ordinance. The user shall be responsible for any and all expenses of the OCSD in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and Sampling Conditions A. The OCSD may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. The OCSD shall have the right to place on the users property or other locations as determined by the OCSD, such devices as are necessary to conduct sampling or metering operations. Other sampling locations may include downstream manholes, usually in the sewerage system, for the purpose of determining the compliance status of an industrial or commercial discharger. C. In order for the OCSD to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the user shall make available for inspection and copying by the OCSD all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those related to production, wastewater generation, wastewater disposal, and those required in the Federal 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. D. If a discharger falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method, the discharger may be subject to imposition of penalties, permit suspension or permit revocation. 501.2 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties approved by EPA. Page 53 of 80 501.3 Riaht of Entry A. Persons or occupants of premises where wastewater is created or discharged shall allow the 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's personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the OCSD's sewerage system. B. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the OCSD shall be permitted to enter without delay for the purpose of performing their specific responsibilities. 501.4 Notification of Spill or Slug Loadina A. In the event the discharger is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error, or the discharger has reasonable opportunity to know that his discharge will exceed the discharge provisions of the user's permit, Sections 201(A) & (B) or Table I, Local Discharge Limits, the discharger shall immediately notify the OCSD by telephone. If the 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 the OCSD. B. Confirmation of this notification shall be made in writing no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the OCSD or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. Page 54 of 80 501.5 Notification of Bypass A. Bypass of industrial wastewater to the sewerage system is prohibited. The 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(B). B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the OCSD, if possible, at least ten (10) days before the date of the bypass. C. The OCSD may approve an anticipated bypass at its sole discretion after considering Its adverse effects, and the OCSD determines that the conditions listed in Section 501.5(A)(1-3) are met. D. A permittee shall provide telephone notification to the 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 submit oral notice or written report may be grounds for permit revocation. Page 55 of 80 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE A. The Board finds that in order for the OCSD to comply with the laws, regulations, and rules Imposed upon it by Regulatory Agencies and to ensure that the 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 govem the discharges to the OCSD's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that non-compliance and violations are resolved as soon as possible, the general policy of the OCSD Is that: 1. Any determination relating to a Probation Order, Enforcement Compliance Schedule Agreement (ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Steering Committee to hear an appeal of the General Manager's decision pursuant to Section 618. Such request may be granted or denied by the Steering Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a OCSD Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Steering Committee pursuant to the provisions of Section 618. 4. 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. 5. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. Page 56 of 80 C. The OCSD, at Its discretion, may utilize any one, combination, or all enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted In the time, place, manner, and frequency determined at the sole discretion of the 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. Any sample taken from a sample point Is considered to be representative of the discharge to the public sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitoring Requirements as a Result of Non-Compllance 1. If analysis of any sample obtained by the OCSD or by a permittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the OCSD may Impose self-monitoring requirements on the permittee. 2. A permlttee shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the OCSD. 3. All analyses of self-monitoring samples shall be performed by an Independent laboratory acceptable to the OCSD and submitted to the OCSD in a form and frequency determined by the OCSD. Page 57 of 80 4. All self-monitoring costs shall be bome by the permittee. 5. Nothing in this section shall be deemed to limit the authority of the OCSD to impose self-monitoring as a permit condition. B. Purpose of Non-Compliance Sampling Fees The purpose of the non-compliance sampling fee is to compensate the 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 615 and 616. C. Non-Compliance Sampling Fees for Composite Samples 1. Each violation of a permittee's permit limit or condition is a violation of this Ordinance. 2. a) If analysis of any composite sample of a permittee's discharge obtained by the 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 sampling fees to the OCSD pursuant to fee schedules adopted by the OCSD's Board of Directors. b) If analysis of any composite sample of a permittee's discharge obtained by the 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 the OCSD may impose non-compliance sampling fees pursuant to fee schedules adopted by the OCSD's Board of Directors. 3. The fees specked in subsection 602.C.2.(a), C.2.(b) and D herein shall be imposed for each date on which the OCSD conducts sampling as a result of a violation by a permittee. Page 58 of 80 D. Non-Comoliance Sampling Fees for Grab Samples and Self-Monitorina Results 1. If analysis of any grab sample analysis of a permittee's discharge shows non-compliance with any concentration limits as set forth in the user's permit or in this Ordinance, the OCSD may Impose non- compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the 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, the OCSD may impose non-compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the OCSD as a result of a violation by the permittee. 602.1 Probation Order A. Grounds In the event the Division Head determines that a permittee has violated any provision of this Ordinance, or the terms, conditions and limits of its discharge permit, or has not made payment of all amounts owed to the OCSD for user charges, non-compliance fees or any other fees, the General Manager may issue a Probation Order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. B. Provisions The Issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, requirements for self-monitoring, submittal of drawings or technical reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order- Expiration A Probation Order issued by the General Manager shall be In effect for a period not to exceed ninety (90) days. Page 59 of 80 602.2 Enforcement Compliance Schedule Agreement(ECSA) A. Grounds Upon determination that a permittee is in non-compliance with the terms, conditions or limits specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, the General Manager may require the permittee to enter Into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. B. Provisions The Issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, interim limits, or other provisions to ensure compliance with this Ordinance. C. ECSA - Payment of Amounts Owed The OCSD shall not enter into an ECSA until such time as all amounts owed to the OCSD, Including user fees, non-compliance sampling 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 the OCSD shall be grounds for permit suspension or permit revocation as set forth in Section 604 and 605. D. ECSA- Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term, the General Manager may Issue an order suspending or revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance. Page 60 of 80 603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) A. Grounds If at any time subsequent to the issuance of a Wastewater Discharge Permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the OCSD enacts revised discharge limits, the General Manager, upon determination that an Industrial user would not be in compliance with the adopted or revised limits, may require the industrial user to enter into a RCSA with the 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. B. Provisions The Issuance of a RCSA may contain terms and conditions Including but not limited to requirements for Installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. C. RCSA- Non-Compliance Samolino Fee During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance sampling fees in accordance with Article 6. 604. PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Fails to comply with the terms and conditions of either an ECSA or RCSA. 2. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 3. Refuses to provide records, reports, plans, or other documents required by the 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. Page 61 of 80 5. Fails to report significant changes In operations or wastewater constituents and characteristics. 6. Violates a Probation Order. 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 the 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 the OCSD's Ordinance. B. Notice/Hearin When the General Manager has reason to believe that grounds exist for permit suspension, he shall give written notice thereof by certified mall to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted In accordance with procedures established by the General Manager and approved by the 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 setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for suspension of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. Page 62 of 80 C. Effect 1. Upon an order of suspension by the General Manager becoming final, the permittee shall immediately cease and desist Its discharge and shall have no right to discharge any industrial wastewater, directly or indirectly to the OCSD's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension. 3. An order of permit suspension issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th)day following such mailing. 605. PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 2. Refuses to provide records, reports, plans, or other documents required by the 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. Page e3 of 80 6. Discharges effluent to the 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 the OCSD for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with the OCSD's collection, treatment, or disposal system. 10. Fails to submit oral notice or written report of bypass occurrence. 11. Violates any condition or limit of Its discharge permit or any provision of the OCSD's Ordinance. B. Notice/Hearin When the General Manager has reason to believe that grounds exist for the revocation of a permit, he shall give written notice by certified mail 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 the 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 setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for permanent revocation of the permit, he shall issue his decision and order In writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee Page 64 of 80 or its legal counsel/representative at the permittee's business address. In the event the General Manager determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate. C. Effect 1. Upon an order of revocation by the General Manager becoming final, the permittee shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to the OCSD system. All costs for physical termination shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. 3. Any future application for a permit at any location within the OCSD by any person subject to an order of revocation will be considered by the OCSD after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th)day following such mailing. 606. 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 the OCSD, identify in writing, all sources of the discharge. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is domestic septage, or septic waste, the OCSD may still elect not to accept waste from that particular source. Page 65 of 80 If the discharge Is Industrial wastewater from an industrial source(s) and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. 3. The Wastehauler permit may be revoked In accordance with Section 606. 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. Any person who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the OCSD 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 the 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 the OCSD for miscellaneous overhead, Including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of Invoicing by the OCSD. B. Any person who discharges a waste which causes or contributes to the 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 the OCSD, including regulatory fines, penalties, and assessments made by other agencies or a court. Page 66 of 80 608. INDUSTRIAL WASTE PASS THROUGH Any person whose discharge results in a pass through event affecting the 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 the OCSD plans to prevent future recurrences to the satisfaction of the OCSD. 609. 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, the OCSD may require that the user notify the public and/or other users of the OCSD 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. 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, the OCSD shall annually cause to be published the names of all industrial users in significant non-compliance. Upon a minimum of a thirty (30)-day notification to the user, said publication shall be made in the newspaper of the largest daily circulation published in the OCSD service area. 611. 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. 612. TERMINATION OF SERVICE A. The 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 the OCSD sewerage facilities. B. All costs for physical termination shall be paid by the user as well as all Page 67 of 80 costs for reinstating service. 613. EMERGENCY SUSPENSION ORDER A. The 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 sewerage facilities, or may cause the OCSD to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. B. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) days following the issuance of such order, the General Manager shall hold a hearing to provide the user the opportunity to present information In opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and 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 by certified mall 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 and not appealable. 614. INJUNCTION Whenever a discharger of wastewater is in vlolation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Pretreatment Standard or requirement as set forth in 40 CFR Section 403.8 at seq., fails to submit required reports, or refuses to allow the OCSD entry to inspect or monitor the user's discharge, the 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. Page 68 of 80 615. CIVIL PENALTIES A. Authority All users of the OCSD's system and facilities are subject to enforcement actions administratively or judicially by the OCSD, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 at seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 at seq.); (3) California Hazardous Waste Control Law (Califomia Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 at seq.); and (5) California Government Code, Sections 54739-54740. B. Recovery of Fines or Penalties In the event the OCSD is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory 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 the OCSD system which is in violation of any provision of the OCSD Ordinance or the users permit, OCSD shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740, any person who violates any provision of this Ordinance; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 at seq., any person who violates any provision of this Ordinance, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The General Counsel of the OCSD, upon order of the General Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the OCSD may impose, assess, and recover pursuant to Federal and/or State legislative authorization. Page 69 of 80 D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the 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 c) any suspension or revocation order. 2. The administrative complaint shall be served by personal delivery or certified mall on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the 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 or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, In which case a hearing will not be conducted. 3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the 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 setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 5. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. 6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Steering Committee may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Steering Committee may take into consideration all Page 70 of 80 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 fumish technical or monitoring reports; 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 the 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 waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the OCSD; d) In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the OCSD; 8. An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first (31st) day after its is served on the person unless an appeal and request for hearing is filed with the Steering Committee pursuant to Section 618 no later than the thirtieth (30th) day following such mailing. An order assessing administrative civil penalties issued by the Steering Committee shall be final upon issuance. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order. 10. Any person aggrieved by a final order issued by the Steering Committee, after granting review of the order of the General Manager, may obtain review of the order of the Steering Committee in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within Page 71 of 80 thirty (30) days following the service of a copy of the decision or order issued by the Steering Committee. 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. The 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 615.D for any violation for which the OCSD has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 616. CRIMINAL PENALTIES Any person who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not more than thirty (30) days, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 617. APPEALS TO GENERAL MANAGER A. General Any user, permit applicant or permittee affected by any decision, action or determination made by the Division Head may file with the General Manager a written request for an appeal hearing. The request must be received by the OCSD within fifteen (15) days of mailing of notice of the decision, action, or determination of the OCSD to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant's request. B. Notice The General Manager shall, within fifteen (15) days of receiving the request for appeal, and pursuant to Section 107, designate a Department Head or other person to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a Page 72 of 80 later date is agreed to by the appellant. If the hearing Is not held within said time due to actions or Inactions of the appellant, then the staff decision shall be deemed final. C. Hearina 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 the OCSD's General Counsel. D. Written Determination After the conclusion of the hearing, the Department Head (or other designee) shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, the General Manager shall make his determination and shall issue his decision and order within thirty (30) calendar days of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the appellant unless a request for hearing is filed with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on the fifteenth day following such mailing. 618. APPEALS TO THE STEERING COMMITTEE A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Steering Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a fee ordinance of the OCSD Board of Directors. The request for hearing shall set forth in detail all the Issues in dispute for which the appellant seeks determination and all facts supporting appellants request. No later than sixty (60) days after receipt of the request for hearing, the Steering Committee shall either set the matter for a hearing, or deny the request for a hearing. Page 73 of 80 A hearing shall be held by the Steering Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Steering Committee. If the matter is not heard within the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Granting Reguest for Hearing The Steering Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Steering Committee. C. Appeal Fee Refund The appeal fee shall be refunded if the Steering Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Steering Committee denies the appeal. D. Written Determination After the hearing, the Steering Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Steering Committee shall be set forth in writing within sixty- five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Steering Committee shall be sent by certified mail to the appellant or Its legal counsel/representative at the appellant's business address. The order of the Steering Committee shall be final upon Its adoption. In the event the Steering Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Appeal of Charaes and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD, relating to fiscal issues of the OCSD in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as connection charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that the OCSD reconsider Imposition of such fees or charges. Following review of such a request, the OCSD shall notify the user, permit applicant, or permittee by certified Page 74 of 80 mail of the OCSD's decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellant's property is located. The notice of appeal must be received by the OCSD within thirty(30) days of the mailing of the OCSD's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of$1,000.00; and 2. A penalty of one and one-half percent (1.5%) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the OCSD receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during OCSD review of any appeal submitted by permittees. Page 75 of 80 619.1 Collection of Delinquent Accounts Collection of delinquent accounts shall be in accordance with the OCSD's policy resolution establishing procedures for collection of delinquent obligations owed to the 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. 620. RECOVERY OF COSTS INCURRED BY OCSD In the event permittee fails to comply with any of the terms and conditions of the OCSD's Ordinance, a probationary order, a permit suspension or revocation, an ECSA, RCSA, or a permit issued hereunder, the 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. 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the OCSD an amount determined by the General Manager as necessary to guarantee payment to OCSD of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts The 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 the OCSD, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. Bankruptcv Every Permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered, protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. D. Permit Amendments The 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. The OCSD may thereafter issue an Page 76 of 80 amendment to the User's permit in accordance with the provisions of Article 3 and Section 621(E) of this Ordinance. E. Securi An amendment to a waste discharge permit issued pursuant to Sections 621(B), (C), and (D), 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 the OCSD to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. F. Return of Security In the event the Permittee makes payment in full within the time prescribed by this Ordinance of all fees and charges incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to Sections 621(B), (C), and (D), the OCSD shall either return the security deposit posted by the Permittee or credit their account. 622. JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, the OCSD hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. 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 the OCSD or its offices or agents, all written evidence, and any other papers in the case. Page 77 of 80 3. Party shall mean a person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of the 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. D. Preoaration 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 has filed written request therefor. The OCSD may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. Notice In making a final decision, the 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. Page 78 of 80 G. Administrative Civil Penalties Notwithstanding the foregoing in Section 622, and pursuant to Government Code Section 54740.6, judicial review of an order of the Steering Committee imposing administrative civil penalties pursuant to Section 615.0 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 Steering Committee becomes final. ARTICLE 7 SEWER SERVICE CHARGES - CONNECTION CHARGES 701. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a sanitary sewer service charge in an amount adopted by the Board of Directors by separate Ordinance. 702. CAPITAL FACILITIES CONNECTION CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a capital facilities connection charge in an amount adopted by the Board of Directors by separate Ordinance. ARTICLE 8 SEVERABILITY 801. SEVERABILITY If any provision of these Regulations or the application to any or 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 the OCSD including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations. Section II: This Ordinance is enacted in order to preserve the public Page 79 of 80 health and safety, and in order to continue the provision of sewer services by the OCSD. The fads 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 sewagetwastewater are allowed to occur that are not in accord with technical specifications and requirements. Section III: Effective Date. This Ordinance shall take effect October 1, 2009. Sedan IV: Reoeal. Ordinance No. OCSD-37 is hereby repealed. Section V: The Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held the 23 day of September, 2009. 60-146,� Chair, B a Directors Orang C unty Sanitation District ATTEST: t. Clerk of thb Boa Orange County Sanitation District / Bradl6y R. H?blrvf, GeAeralODu Page 80 of 80 2012 SAWPA Pretreatment Program Compliance Audit Report (Review of SAWPA's fulfillment of its Pretreatment Program obligations and responsibilities under the 1991 MOU and 1996 Agreement) Ire- SAWPA PRETREATMENT PROGRAM `\ COMPLIANCE AUDIT REPORT • • ' • I • lit ` ORANGE COUNTY SANITATION DISTRICT • CALIFORDIIA November 19,2012 3O� ENVIRONMENTALENGINEERING & CONTRACTING, INC. Santa Ana Watershed Project Authority Pretreatment Program Compliance Audit Report November 19, 2012 Prepared for: Orange County Sanitary District 10844 Ellis Avenue Fountain Valley, California 92708 Prepared by: Environmental Engineering&Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 EEC W2422.01T Soil ♦ Groundwater • AuJlla ♦ Wmbwelei • SlMlowsyt ♦ GIS • En.seerinB Rumination • Construction SAWPA Pretreatment Program Compliance Audit Report November 19,2012 ES EXECUTIVE SUMMARY ESA Introduction The Orange County Sanitary District (OCSD) has retained Environmental Engineering & Contracting, Inc. (EEC) to perform a comprehensive audit of the Santa Ana Watershed Project Authority's (SAWPA's) compliance with all the requirements, responsibilities, and practices as specified in OCSD's Wastewater Discharge Regulations Ordinance No. OCSD-39 as well as in the agreements between OCSD and SAWPA; namely, the 1991 Memorandum of Understanding (1991 MOU) and the 1996 Wastewater Treatment and Disposal Agreement (1996 Agreement; Appendix A, OCSD Wastewater Discharge Regulations Ordinance No. OCSD-39;Appendix B, 1991 Memorandum of Understanding Summary;Appendix C,1996 Wastewater Treatment and Disposal Agreement Summary). The audit also includes an investigation and description of SAWPA's role. In addition to acting as an oversight authority for the member agencies that administer local industrial pretreatment activities on direct and indirect industrial dischargers to the Santa Ana River Interceptor (SARI) Line, also known as the Inland Empire Brine Line (IEBL),SAWPA regulates local liquid waste hauling companies and the Chino II desalter facility. To assist in performing the audit, EEC retained Pretreatment Solutions Inc. (PSI)to create an audit team with more than 30 years of auditing experience and more than 25 years of pretreatment expertise. EEC conducted this audit in accordance with generally accepted government auditing standards and United States Environmental Protection Agency(USEPA)guidelines. ES.2 Audit Scope The audit consisted of an evaluation of SAWPA's compliance with all the pertinent requirements, responsibilities, and practices and all other applicable regulations, including federal regulations(Title 40 of the Code of Federal Regulations [CFR], Section 403), OCSD ordinances, and contractual agreements between OCSD and SAWPA.The audit included all of SAWPA's delegated member agencies; namely,the Inland Empire Utility Agency (IEUA), the Eastern Municipal Water District (EMWD), the San Bernardino Valley Municipal Water District(SBVMWD)and the Western Municipal Water District(WMWD). The evaluation of SAWPA's and its member agencies' pretreatment program included all elements of the program: • Administration: policies, procedures, and workflows both internally and with SAWPA as the oversight authority. • Permitting: permitting process and review of a sample of existing permits. • Monitoring:monitoring program, including self-monitoring and monitoring by SAWPA. • Inspection: inspection program and example documents, including a field audit of 16 of SAWPA's and its member agencies' permitted facilities. W2422.01T Orange County Sanitation District 1 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 • Enforcement: enforcement response plan and its implementation with a review of the latest cases of significant noncompliance. In particular, the case of serious noncompliance involving the Corona Resource Recovery facility was reviewed. • Data Management: review of all types of compliance reports as required by the pretreatment program. • Reporting:quarterly and annual reporting of permitting and compliance status to OCSD. • Quality Assurance / Quality Control (QA/QC): review of implemented QA/QC measures throughout the program. • Resources: assessment of the adequacy of qualifications and resources to implement an effective pretreatment program that ensures compliance with all applicable requirements. ES.3 Objective The primary objective of this comprehensive compliance audit of SAWPA's Pretreatment Program is to identify and address any deficiencies or omissions in the administration, implementation, and enforcement of any of the applicable requirements and regulations. In order to address the identified omissions, EEC made recommendations to improve the overall pretreatment program. The recommendations, if properly and consistently implemented, will ensure consistent and long-term compliance and ultimately protect OCSD's treatment plant and its receiving waters while maintaining a viable solution for the nonreclaimable wastewater (brine) generated in the Santa Ana Watershed.Whenever encountered, best management practices (BMPs)were also described and presented in the findings. ES.4 Methods The methodology followed by the audit team in performing the audit is similar to the methodology followed by the USEPA and the RWQCB and as generally outlined in the USEPA's Control Authority Pretreatment Audit Checklist and Instructions document, dated February 2010 (Appendix D, Control Authority Pretreatment Audit Checklist February 2010). Interviews were conducted with the 4 member agencies first and then with SAWPA. Following the interviews, the audit team inspected 12 industrial user sites and all 4 liquid waste-hauler (LWH) collection stations. The documents used by the audit team during the interviews and inspections comprised the USEPA's checklist and instructions, OCSD's Wastewater Discharge Regulations ordinance,the 1991 MOU,and the 1996 Agreement. ES.5 Findings During the pre-audit meeting with SAWPA and in all subsequent meetings, SAWPA's staff cooperated with the audit team and expressed willingness to address the audit findings for the purpose of improving its overall pretreatment program. Similarly, all member agencies cooperated with the audit team and expressed the same desire to use the audit findings to improve their pretreatment programs. W2422.01T Orange County Sanitation District 2 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 The audit team was granted full and unrestricted access to all 16 industrial user facilities selected by the audit team and OCSD. In regard to the Corona Resource Recovery, the audit team's investigative efforts were met with a limited flow of information. In general, the audit revealed that SAWPA and/or its member agencies did not always follow important program requirements. Some of the deficiencies were reportedly corrected after identification by the audit team during the interviewing process. The verification of corrected deficiencies was not in the scope of this audit and should be addressed in the corrective action plan follow-up and in future audits. Specific findings include the following: 1. In assessing SAWPA's administration of its pretreatment program,the audit team noted that the multijurisdictional pretreatment agreements among SAWPA and its 4 member agencies, that is, the IEUA,the EMWD,the SBVMWD,and the WMWD, are not all valid and don't necessarily give the power to SAWPA and/or the member agencies to carry out enforcement actions in areas under the jurisdiction of SAW PA's member agencies. 2. The audit also revealed that SAWPA allowed a major discharger into the IEBL, the Corona Resource Recovery (CRR), to discharge mining waste into the IEBL. The waste originated from outside the SAWPA service area and consisted of mining waste that was inaccurately referred to as "brine" waste. The origin and nature of the waste warranted a higher level of due diligence than that demonstrated by SAWPA and WMWD in the permitting process. At a minimum, SAWPA should have requested a complete waste stream characterization based on a detailed description of the process generating the waste. In addition, because of the large quantity of waste under consideration, SAWPA and/or WMWD should have performed an on-site assessment of all waste generating processes at the Molycorp's Mountain Pass facility to confirm the information provided by CRR. In order to categorically determine all the facts surrounding the CRR issue including any correlation between the excursions in arsenic level in OCSD's biosolids and the discharge of the Molycorp's waste, access to all records maintained by SAWPA,WMWD and Molycorp pertaining to the CRR issue should be granted. 3. On the program administration level, SAWPA has retained G&G Environmental Compliance, Inc. to develop and implement SAWPA's pretreatment program. Two of the member agencies, SBVMWD and WMWD, have also retained G&G Environmental Compliance, Inc. to develop and implement their pretreatment programs as they relate to the IEBL. Furthermore, the same individuals from G&G Environmental Compliance, Inc. who were working for SAWPA were also working, at the same time, for SBVMWD and WMWD. With such arrangement, it is virtually impossible for SAWPA to maintain jurisdiction and control over all of its member agencies, including SBVMWD and WMWD. 4. In many instances, permits were not properly prepared and were sometimes based on inaccurate and erroneous information. Some permit errors constitute serious deficiencies, such as misidentification of the applicable categorical pretreatment standards, referencing the incorrect ordinance,and elimination of monitoring requirements. S. Monitoring deficiencies were encountered at all levels of the program for SAWPA, WMWD, and SBVMWD. Deficiencies included lack of monitoring of field equipment, such as pH and flow meters as well as insufficient monitoring of wastewater discharges. W2422.01T Orange County Sanitation District 3 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 6. Inspections that are currently performed by the member agencies are scheduled in advance and do not always reveal changes and modifications to a process or a facility. 7. Enforcement plans currently in place may lack the legal authority, under the current multijurisdictional agreements,for SAWPA to carry out enforcement actions, including collecting fines. g. Data management has been lacking and has negatively affected the collaboration between SAWPA and OCSD. In addition, the lack of traceability makes quality checking very difficult and ineffective at identifying errors. 9. Required reviews of compliance data were not performed in a timely fashion and enforcement and resampling requirements were not performed or were performed very late. 10. Reporting by SAWPA to OCSD on a monthly basis only resumed at the outset of this audit. The 1991 MOU clearly states that SAWPA must provide monthly reports detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. 11. QA/QC measures were lacking throughout the program, especially within SAWPA's program and the IEBL pretreatment programs for WMWD and SBVMWD. 12. Human resources and expertise necessary to implement an adequate pretreatment program are lacking in SAWPA's organization as well as in the WMWD's and SBVMWD's organizations. ES.6 Recommendations Overall, major improvements should be implemented at all levels of the pretreatment program to ensure compliance with all applicable requirements and provide the highest level of protection for the IEBL and OCSD's treatment facility. Such improvements, if properly and continuously implemented, would minimize the risk of a repeated instance of serious violations, as was the case with Corona Resource Recovery. On the program administration level, SAWPA must develop and implement the necessary improvements to its pretreatment program. EEC also recommends that SAWPA manage all aspects of the pretreatment program rather than delegating permitting, monitoring, and enforcement responsibilities to its member agencies. This centralized management approach would give SAWPA the necessary control, but the legality of multijurisdictional agreements allowing enforcement actions and the levying of fines must be addressed. Alternatively, SAWPA could continue to manage its program through multijurisdictional agreements with some or all of its member agencies, but this option is not recommended because it yields a lower level of compliance and protection. Such arrangement relieves SAWPA from the responsibility of issuing permits and monitoring compliance, but would require SAWPA to closely monitor the performance of its member agencies and to conduct announced and unannounced inspections at industrial user facilities. In either arrangement, it is highly recommended for SAWPA to either acquire adequately qualified staff dedicated to SAWPA's pretreatment program and/or to retain a qualified consultant who is not retained W2422.01T Orange County Sanitation District 4 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 by any of its member agencies. At all times, SAWPA must ensure that any conflict of interest is eliminated and that it fulfills its role in providing additional control and program supervision. Permits are control instruments that must be properly prepared and based on accurate and comprehensive information concerning the industrial user. SAWPA should adopt a uniform permit fact sheet and permit format that addresses all applicable requirements in the federal and state regulations, in OCSD's ordinance, in the 1991 MOU, and in the 1996 Agreement requirements. It is also recommended that the practice of an agency issuing permits to itself for the control and monitoring of its LWH collection station or its own industrial facility cease throughout SAWPA's service area.Typically, and as observed in this audit, such a practice leads to many instances of noncompliance due to the inherent lack of control and monitoring. Monitoring at all levels of the pretreatment program must be improved.The level of monitoring by IEUA and EMWD is adequate, but it is lacking among SAWPA, SBVMWD, and WMWD. SAWPA must develop and implement procedures for the regular calibration and maintenance of equipment,for the sampling and testing of wastewater,for gathering information and issuing permits,and for all other activities that can ensure compliance and a higher level of protection to the IEBL and OCSD's treatment and receiving waters.SAWPA must regularly monitor the proper implementation of all adopted procedures. Inspections should consist of a critical examination of the industrial user facility and manufacturing processes. The announced inspections currently performed by the member agencies do not always reveal all changes and modifications.A minimum number of inspections must be unannounced in order to capture facts and information that are more representative of normal operating conditions at the industrial user facilities.The actual number of inspections should be determined in light of the nature of the inspections and the potential risk present. Enforcement plans that are currently in place for SAWPA and its member agencies must undergo a legal review to assess the effectiveness of the plans under the current multijurisdictional agreements. Enforcement plans must also contain a clear procedure to determine if a violation is considered an instance of significant noncompliance, to identify and undertake a timely and appropriate response and to document resolution of noncompliance. Enforcement response planning is a critical portion of every ordinance and is ultimately SAW PA's responsibility to implement. Data management must be improved to increase the level of collaboration and work transferability between SAWPA and OCSD.Traceability also must be improved to facilitate quality checking. Reporting by SAWPA to OCSD must resume and continue on a monthly basis. As required in the 1991 MOU,SAWPA must provide monthly reports detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. SAWPA and OCSD must agree on a report format for smooth and effective transfer of information. QA/QC measures specific to the IEBL must be implemented by SAWPA throughout its pretreatment program. SAWPA's primary mission should be to effectively oversee and carry out a robust quality system and quality management plan, including QA/QC activities at the industrial user level. SAWPA should also regularly review its implemented QA/QC measures. Resources to develop and implement an adequate pretreatment program for SAWPA are critically needed. SAWPA must acquire qualified staff and/or retain a qualified consultant with expertise in both, W2422.01T Orange County Sanitation District 5 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 pretreatment as well as program management. If SAWPA chooses to retain a qualified consultant, SAWPA will still need to elevate the pretreatment expertise of its staff members responsible for managing the consultant. EEC has estimated that, if SAWPA chooses to manage the entire IEBL pretreatment program with the current number of permittees, it would need a total of three full-time equivalent (FTE) employees (staff and/or consultants) the first year in order to develop and implement its pretreatment program without passing on any responsibility to member agencies.The 3 FTEs would be comprised of a clerical position mainly for invoicing, data management, and reporting; a junior staff position focusing primarily on permitting and inspections; and a program manager to develop and oversee the program, review permits, and liaise with OCSD and member agencies. It is expected that, after the first year, SAWPA would need fewer employees to manage the same number or permittees. The audit findings have been verbally shared with SAWPA and the member agencies throughout the audit, and SAWPA is currently in the process of addressing many of the audit findings. Starting with the recommended corrective actions presented in the report, SAWPA could begin to develop its own corrective action plan and schedule specific to the audit findings. Alternatively,OCSD could, as specified in the 1991 MOU Section 6.D, develop and issue SAWPA a remedial plan with a time schedule for attaining compliance since SAWPA has failed or has refused to fulfill key pretreatment requirements. In either case,follow-up audits by OCSD should be scheduled to determine whether the corrective actions are being implemented adequately and on schedule. W2422.01T Orange County Sanitation District 6 EEC Ire- ,� . .r • �;rs, SAWPA PRETREATMENT PROGRAM `\ COMPLIANCE AUDIT REPORT • r I � J ORANGE COUNTY SANITATION DISTRICT • CALIFORNIA 0 November 19, 2012 3O� ENVIRONMENTALENGINEERING & CONTRACTING, INC. Santa Ana Watershed Project Authority Pretreatment Program Compliance Audit Report November 19, 2012 Prepared for: Orange County Sanitary District 10844 Ellis Avenue Fountain Valley, California 92708 Prepared by: Environmental Engineering&Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 EEC W2422.01T Soil ♦ Groundwater • AuJlla ♦ Wmbwelei • SlMlowsyt ♦ GIS • En.seerinB Rumination • Construction SAWPA Pretreatment Program Compliance Audit Report November 19,2012 TABLE OF CONTENTS ES EXECUTIVE SUMMARY.....................................................................................................................1 ES.1 Introduction........................................................................................................................1 ES.2 Audit Scope.........................................................................................................................1 ES.3 Objective.............................................................................................................................2 ESAMethods..............................................................................................................................2 ES.5 Findings...............................................................................................................................2 ES.6 Recommendations..............................................................................................................4 1.0 INTRODUCTION................................................................................................................................7 1.1 Background.........................................................................................................................7 1.2 Audit Team .........................................................................................................................8 2.0 OBJECTIVE,SCOPE,AND METHODS.................................................................................................9 2.1 OBJECTIVE...........................................................................................................................9 2.2 SCOPE..................................................................................................................................9 2.2.1 Santa Ana Watershed Project Authority .............................................................30 2.2.2 Member Agencies of the Santa Ana Watershed Project Authority.....................10 2.2.2.1 Inland Empire Utilities Agency................................................................11 2.2.2.2 Eastern Municipal Water District............................................................11 2.2.2.3 San Bernardino Valley Municipal Water District....................................12 2.2.2.4 Western Municipal Water District..........................................................12 2.2.2.5 Jurupa Community Services District.......................................................13 2.2.3 Industrial Users....................................................................................................13 2.3 METHODS..........................................................................................................................15 2.3.1 Orange County Sanitation District Wastewater Discharge Regulations,Ordinance No.OCSD-39........................................................................................................16 2.3.2 U.S. Environmental Protection Agency Control Authority Pretreatment Audit Checklist...............................................................................................................16 2.3.3 1991 Memorandum of Understanding................................................................17 2.3.4 1996 Wastewater Treatment and Disposal Agreement......................................17 3.0 FINDINGS AND RECOMMENDATIONS............................................................................................17 4.0 CONCLUSION..................................................................................................................................39 TABLES Table 2-1 Industrial User Information and Inspection dates ...........................................................14 Table 2-2 Summary of Liquid Waste Hauler Collection Stations .....................................................15 Table 3-1 Program Administration Findings and Recommendations...............................................19 Table 3-2 Permitting Findings and Recommendations ....................................................................23 Table 3-3 Monitoring Finding and Recommendations ....................................................................29 Table 3-4 Inspection Findings and Recommendations ....................................................................32 Table 3-5 Enforcement Findings and Recommendations ................................................................33 Table 3-6 Data Management Findings and Recommendations.......................................................34 W2422.01T Orange County Sanitation District i EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-7 Reporting Findings and Recommendations .....................................................................35 Table 3-8 Program QA/QC Findings and Recommendations ...........................................................36 Table 3-9 Program Resources Findings and Recommendations......................................................37 FIGURES Figure 1 Santa Ana River Watershed Location Map Figure 2 Santa Ana Watershed Authority Project Member Agencies Figure 3 Inland Empire Brine Line and Connections APPENDICES Appendix OCSD Wastewater Discharge Regulations Ordinance No.OCSD-39 Appendix B 1991 Memorandum of Understanding Summary Appendix 1996 Wastewater Treatment and Disposal Agreement Summary Appendix D Control Authority Pretreatment Audit Checklist, February 2010 Appendix E Direct Industrial User Inspection Form Appendix F Indirect Industrial User Inspection Form Appendix G Industrial User Inspection Reports W2422.01T Orange County Sanitation District ii EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 ES EXECUTIVE SUMMARY ESA Introduction The Orange County Sanitary District (OCSD) has retained Environmental Engineering & Contracting, Inc. (EEC) to perform a comprehensive audit of the Santa Ana Watershed Project Authority's (SAWPA's) compliance with all the requirements, responsibilities, and practices as specified in OCSD's Wastewater Discharge Regulations Ordinance No. OCSD-39 as well as in the agreements between OCSD and SAWPA; namely, the 1991 Memorandum of Understanding (1991 MOU) and the 1996 Wastewater Treatment and Disposal Agreement (1996 Agreement; Appendix A, OCSD Wastewater Discharge Regulations Ordinance No. OCSD-39;Appendix B, 1991 Memorandum of Understanding Summary;Appendix C,1996 Wastewater Treatment and Disposal Agreement Summary). The audit also includes an investigation and description of SAWPA's role. In addition to acting as an oversight authority for the member agencies that administer local industrial pretreatment activities on direct and indirect industrial dischargers to the Santa Ana River Interceptor (SARI) Line, also known as the Inland Empire Brine Line (IEBL),SAWPA regulates local liquid waste hauling companies and the Chino II desalter facility. To assist in performing the audit, EEC retained Pretreatment Solutions Inc. (PSI)to create an audit team with more than 30 years of auditing experience and more than 25 years of pretreatment expertise. EEC conducted this audit in accordance with generally accepted government auditing standards and United States Environmental Protection Agency(USEPA)guidelines. ES.2 Audit Scope The audit consisted of an evaluation of SAWPA's compliance with all the pertinent requirements, responsibilities, and practices and all other applicable regulations, including federal regulations(Title 40 of the Code of Federal Regulations [CFR], Section 403), OCSD ordinances, and contractual agreements between OCSD and SAWPA.The audit included all of SAWPA's delegated member agencies; namely,the Inland Empire Utility Agency (IEUA), the Eastern Municipal Water District (EMWD), the San Bernardino Valley Municipal Water District(SBVMWD)and the Western Municipal Water District(WMWD). The evaluation of SAWPA's and its member agencies' pretreatment program included all elements of the program: • Administration: policies, procedures, and workflows both internally and with SAWPA as the oversight authority. • Permitting: permitting process and review of a sample of existing permits. • Monitoring:monitoring program, including self-monitoring and monitoring by SAWPA. • Inspection: inspection program and example documents, including a field audit of 16 of SAWPA's and its member agencies' permitted facilities. W2422.01T Orange County Sanitation District 1 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 • Enforcement: enforcement response plan and its implementation with a review of the latest cases of significant noncompliance. In particular, the case of serious noncompliance involving the Corona Resource Recovery facility was reviewed. • Data Management: review of all types of compliance reports as required by the pretreatment program. • Reporting:quarterly and annual reporting of permitting and compliance status to OCSD. • Quality Assurance / Quality Control (QA/QC): review of implemented QA/QC measures throughout the program. • Resources: assessment of the adequacy of qualifications and resources to implement an effective pretreatment program that ensures compliance with all applicable requirements. ES.3 Objective The primary objective of this comprehensive compliance audit of SAWPA's Pretreatment Program is to identify and address any deficiencies or omissions in the administration, implementation, and enforcement of any of the applicable requirements and regulations. In order to address the identified omissions, EEC made recommendations to improve the overall pretreatment program. The recommendations, if properly and consistently implemented, will ensure consistent and long-term compliance and ultimately protect OCSD's treatment plant and its receiving waters while maintaining a viable solution for the nonreclaimable wastewater (brine) generated in the Santa Ana Watershed.Whenever encountered, best management practices (BMPs)were also described and presented in the findings. ES.4 Methods The methodology followed by the audit team in performing the audit is similar to the methodology followed by the USEPA and the RWQCB and as generally outlined in the USEPA's Control Authority Pretreatment Audit Checklist and Instructions document, dated February 2010 (Appendix D, Control Authority Pretreatment Audit Checklist February 2010). Interviews were conducted with the 4 member agencies first and then with SAWPA. Following the interviews, the audit team inspected 12 industrial user sites and all 4 liquid waste-hauler (LWH) collection stations. The documents used by the audit team during the interviews and inspections comprised the USEPA's checklist and instructions, OCSD's Wastewater Discharge Regulations ordinance,the 1991 MOU,and the 1996 Agreement. ES.5 Findings During the pre-audit meeting with SAWPA and in all subsequent meetings, SAWPA's staff cooperated with the audit team and expressed willingness to address the audit findings for the purpose of improving its overall pretreatment program. Similarly, all member agencies cooperated with the audit team and expressed the same desire to use the audit findings to improve their pretreatment programs. W2422.01T Orange County Sanitation District 2 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 The audit team was granted full and unrestricted access to all 16 industrial user facilities selected by the audit team and OCSD. In regard to the Corona Resource Recovery, the audit team's investigative efforts were met with a limited flow of information. In general, the audit revealed that SAWPA and/or its member agencies did not always follow important program requirements. Some of the deficiencies were reportedly corrected after identification by the audit team during the interviewing process. The verification of corrected deficiencies was not in the scope of this audit and should be addressed in the corrective action plan follow-up and in future audits. Specific findings include the following: 1. In assessing SAWPA's administration of its pretreatment program,the audit team noted that the multijurisdictional pretreatment agreements among SAWPA and its 4 member agencies, that is, the IEUA,the EMWD,the SBVMWD,and the WMWD, are not all valid and don't necessarily give the power to SAWPA and/or the member agencies to carry out enforcement actions in areas under the jurisdiction of SAW PA's member agencies. 2. The audit also revealed that SAWPA allowed a major discharger into the IEBL, the Corona Resource Recovery (CRR), to discharge mining waste into the IEBL. The waste originated from outside the SAWPA service area and consisted of mining waste that was inaccurately referred to as "brine" waste. The origin and nature of the waste warranted a higher level of due diligence than that demonstrated by SAWPA and WMWD in the permitting process. At a minimum, SAWPA should have requested a complete waste stream characterization based on a detailed description of the process generating the waste. In addition, because of the large quantity of waste under consideration, SAWPA and/or WMWD should have performed an on-site assessment of all waste generating processes at the Molycorp's Mountain Pass facility to confirm the information provided by CRR. In order to categorically determine all the facts surrounding the CRR issue including any correlation between the excursions in arsenic level in OCSD's biosolids and the discharge of the Molycorp's waste, access to all records maintained by SAWPA,WMWD and Molycorp pertaining to the CRR issue should be granted. 3. On the program administration level, SAWPA has retained G&G Environmental Compliance, Inc. to develop and implement SAWPA's pretreatment program. Two of the member agencies, SBVMWD and WMWD, have also retained G&G Environmental Compliance, Inc. to develop and implement their pretreatment programs as they relate to the IEBL. Furthermore, the same individuals from G&G Environmental Compliance, Inc. who were working for SAWPA were also working, at the same time, for SBVMWD and WMWD. With such arrangement, it is virtually impossible for SAWPA to maintain jurisdiction and control over all of its member agencies, including SBVMWD and WMWD. 4. In many instances, permits were not properly prepared and were sometimes based on inaccurate and erroneous information. Some permit errors constitute serious deficiencies, such as misidentification of the applicable categorical pretreatment standards, referencing the incorrect ordinance,and elimination of monitoring requirements. S. Monitoring deficiencies were encountered at all levels of the program for SAWPA, WMWD, and SBVMWD. Deficiencies included lack of monitoring of field equipment, such as pH and flow meters as well as insufficient monitoring of wastewater discharges. W2422.01T Orange County Sanitation District 3 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 6. Inspections that are currently performed by the member agencies are scheduled in advance and do not always reveal changes and modifications to a process or a facility. 7. Enforcement plans currently in place may lack the legal authority, under the current multijurisdictional agreements,for SAWPA to carry out enforcement actions, including collecting fines. g. Data management has been lacking and has negatively affected the collaboration between SAWPA and OCSD. In addition, the lack of traceability makes quality checking very difficult and ineffective at identifying errors. 9. Required reviews of compliance data were not performed in a timely fashion and enforcement and resampling requirements were not performed or were performed very late. 10. Reporting by SAWPA to OCSD on a monthly basis only resumed at the outset of this audit. The 1991 MOU clearly states that SAWPA must provide monthly reports detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. 11. QA/QC measures were lacking throughout the program, especially within SAWPA's program and the IEBL pretreatment programs for WMWD and SBVMWD. 12. Human resources and expertise necessary to implement an adequate pretreatment program are lacking in SAWPA's organization as well as in the WMWD's and SBVMWD's organizations. ES.6 Recommendations Overall, major improvements should be implemented at all levels of the pretreatment program to ensure compliance with all applicable requirements and provide the highest level of protection for the IEBL and OCSD's treatment facility. Such improvements, if properly and continuously implemented, would minimize the risk of a repeated instance of serious violations, as was the case with Corona Resource Recovery. On the program administration level, SAWPA must develop and implement the necessary improvements to its pretreatment program. EEC also recommends that SAWPA manage all aspects of the pretreatment program rather than delegating permitting, monitoring, and enforcement responsibilities to its member agencies. This centralized management approach would give SAWPA the necessary control, but the legality of multijurisdictional agreements allowing enforcement actions and the levying of fines must be addressed. Alternatively, SAWPA could continue to manage its program through multijurisdictional agreements with some or all of its member agencies, but this option is not recommended because it yields a lower level of compliance and protection. Such arrangement relieves SAWPA from the responsibility of issuing permits and monitoring compliance, but would require SAWPA to closely monitor the performance of its member agencies and to conduct announced and unannounced inspections at industrial user facilities. In either arrangement, it is highly recommended for SAWPA to either acquire adequately qualified staff dedicated to SAWPA's pretreatment program and/or to retain a qualified consultant who is not retained W2422.01T Orange County Sanitation District 4 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 by any of its member agencies. At all times, SAWPA must ensure that any conflict of interest is eliminated and that it fulfills its role in providing additional control and program supervision. Permits are control instruments that must be properly prepared and based on accurate and comprehensive information concerning the industrial user. SAWPA should adopt a uniform permit fact sheet and permit format that addresses all applicable requirements in the federal and state regulations, in OCSD's ordinance, in the 1991 MOU, and in the 1996 Agreement requirements. It is also recommended that the practice of an agency issuing permits to itself for the control and monitoring of its LWH collection station or its own industrial facility cease throughout SAWPA's service area.Typically, and as observed in this audit, such a practice leads to many instances of noncompliance due to the inherent lack of control and monitoring. Monitoring at all levels of the pretreatment program must be improved.The level of monitoring by IEUA and EMWD is adequate, but it is lacking among SAWPA, SBVMWD, and WMWD. SAWPA must develop and implement procedures for the regular calibration and maintenance of equipment,for the sampling and testing of wastewater,for gathering information and issuing permits,and for all other activities that can ensure compliance and a higher level of protection to the IEBL and OCSD's treatment and receiving waters.SAWPA must regularly monitor the proper implementation of all adopted procedures. Inspections should consist of a critical examination of the industrial user facility and manufacturing processes. The announced inspections currently performed by the member agencies do not always reveal all changes and modifications.A minimum number of inspections must be unannounced in order to capture facts and information that are more representative of normal operating conditions at the industrial user facilities.The actual number of inspections should be determined in light of the nature of the inspections and the potential risk present. Enforcement plans that are currently in place for SAWPA and its member agencies must undergo a legal review to assess the effectiveness of the plans under the current multijurisdictional agreements. Enforcement plans must also contain a clear procedure to determine if a violation is considered an instance of significant noncompliance, to identify and undertake a timely and appropriate response and to document resolution of noncompliance. Enforcement response planning is a critical portion of every ordinance and is ultimately SAW PA's responsibility to implement. Data management must be improved to increase the level of collaboration and work transferability between SAWPA and OCSD.Traceability also must be improved to facilitate quality checking. Reporting by SAWPA to OCSD must resume and continue on a monthly basis. As required in the 1991 MOU,SAWPA must provide monthly reports detailing the number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. SAWPA and OCSD must agree on a report format for smooth and effective transfer of information. QA/QC measures specific to the IEBL must be implemented by SAWPA throughout its pretreatment program. SAWPA's primary mission should be to effectively oversee and carry out a robust quality system and quality management plan, including QA/QC activities at the industrial user level. SAWPA should also regularly review its implemented QA/QC measures. Resources to develop and implement an adequate pretreatment program for SAWPA are critically needed. SAWPA must acquire qualified staff and/or retain a qualified consultant with expertise in both, W2422.01T Orange County Sanitation District 5 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 pretreatment as well as program management. If SAWPA chooses to retain a qualified consultant, SAWPA will still need to elevate the pretreatment expertise of its staff members responsible for managing the consultant. EEC has estimated that, if SAWPA chooses to manage the entire IEBL pretreatment program with the current number of permittees, it would need a total of three full-time equivalent (FTE) employees (staff and/or consultants) the first year in order to develop and implement its pretreatment program without passing on any responsibility to member agencies.The 3 FTEs would be comprised of a clerical position mainly for invoicing, data management, and reporting; a junior staff position focusing primarily on permitting and inspections; and a program manager to develop and oversee the program, review permits, and liaise with OCSD and member agencies. It is expected that, after the first year, SAWPA would need fewer employees to manage the same number or permittees. The audit findings have been verbally shared with SAWPA and the member agencies throughout the audit, and SAWPA is currently in the process of addressing many of the audit findings. Starting with the recommended corrective actions presented in the report, SAWPA could begin to develop its own corrective action plan and schedule specific to the audit findings. Alternatively,OCSD could, as specified in the 1991 MOU Section 6.D, develop and issue SAWPA a remedial plan with a time schedule for attaining compliance since SAWPA has failed or has refused to fulfill key pretreatment requirements. In either case,follow-up audits by OCSD should be scheduled to determine whether the corrective actions are being implemented adequately and on schedule. W2422.01T Orange County Sanitation District 6 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 1.0 INTRODUCTION SAWPA was formed in 1968 as a planning agency and was reformed in 1972 with a mission to plan and build facilities to protect the water quality of the Santa Ana River Watershed. SAWPA is a Joint Powers Authority, classified as a Special District (government agency) in which it carries out functions useful to its member agencies.The agreements formalizing the current agency were signed in 1974 and went into effect in 1975. SAWPA's program in water quality management is integrated with those of other local, state, and federal agencies. SAWPA's integrated program includes the Western Riverside County Regional Wastewater Reclamation Plant, the Stringfellow Site Treatment Plant, and the IEBL. This report addresses SAWPA's management of the IEBL program only and does not discuss any of SAWPA's other programs. The IEBL (also known as the Santa Ana Regional Interceptor, or SARI) is intended to provide a cost- effective, sustainable means of disposal of nonreclaimable waste water for utilities and industry within the Santa Ana Watershed(Figure 1,Santa Ana River Watershed Location Map). The highest and best use of the IEBL is the removal of salts from the watershed to keep the salts from degrading water quality within the watershed, thereby allowing better use of groundwater resources and expanding the ability to reclaim water. The long-term goal of achieving salt balance within the region depends on the ability to remove salts from the watershed via groundwater desalters and the IEBL. Further use of desalters depends on an economical means of salt disposal and will ultimately depend on an economically viable regional IEBL. Wastewater is discharged into the IEBL either directly or indirectly. Direct-discharge industrial users are located close enough to the IEBL to construct a direct-connection and produce enough high total dissolved solids waste to economically justify the connection cost. Indirect-discharge industrial users are not located close enough to the IEBL to make a direct connection. Indirect users dispose of their liquid waste at one of the four IEBL LWH collection stations using a permitted commercial waste hauler. The volume of wastewater generated by indirect dischargers can vary from one or two truckloads per week to 100,000 gallons per day. Every discharger within the SAWPA service area is located less than 20 miles from an LWH collection station (Figure 2,Inland Empire Brine Line and Connections). The nonreclaimable waste water from utilities and industry within the Santa Ana Watershed is transported via the IEBL to treatment plants operated by the OCSD. After treatment by OCSD, the effluent is discharged to the Pacific Ocean. Pretreatment enforcement and reporting responsibilities between SAWPA and OCSD are delineated in OCSD's Wastewater Discharge Regulations Ordinance, the 1991 Memorandum of Understanding (1991 MOU)and the 1996 Wastewater Treatment and Disposal Agreement(1996 Agreement;Appendices A,B, and Q. 1.1 Background Major infractions by SAWPA of the provisions of the 1996 Agreement and 1991 MOU between OCSD and SAWPA have been noted recently. Over a period of four months, WMWD, with SAWPA's approval, allowed Corona Resource Recovery to discharge mining wastes received from outside the SAWPA W2422.01T Orange County Sanitation District 7 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 service area without written approval from OCSD as required in the 1996 Agreement and without issuing a permit with the correct categorical discharge limits.The discharge to OCSD totaled more than 9 million gallons. Neither SAWPA nor WMWD initially collected samples to confirm the content of the wastewater nor was an inspection of the mining operation conducted. As a result, OCSD issued a cease- and-desist order to SAWPA. Aside from SAWPA's improper administration of its duties as an oversight authority over member agencies, coincidental to this time frame, OCSD experienced excursions in arsenic level in its biosolids,which may impact biosolids reuse options. While addressing the arsenic situation, OCSD determined that SAWPA failed to comply with provisions in the Code of Federal Regulations for pretreatment of point sources. OCSD also determined that SAWPA violated the contractual agreements between the two agencies (1991 MOU and 1996 Agreement) and OCSD's local ordinances. In accordance with the 1991 MOU, OCSD exercised its right to review SAWPA's pretreatment program. The purpose of the review is for OCSD to ensure that SAWPA and/or any other agency having discharge rights to the IEBL system pursuant to the contract with SAWPA is adequately administering and diligently enforcing its pretreatment program in conformance with federal pretreatment regulations(40 CFR 403)and OCSD requirements. In order to review SAWPA's pretreatment program, OCSD retained EEC to perform a comprehensive audit of SAWPA's compliance with all the requirements, responsibilities, and practices specified in the OCSD ordinance, the 1991 MOU, and the 1996 Agreement; the audit examined SAWPA's role as the oversight authority and the pretreatment programs of SAWPA and its member agencies. EEC, located in Santa Ana, California, specializes in providing wastewater, including pretreatment, consulting services to municipalities and industries. For the purpose of conducting the audit, EEC retained Pretreatment Solutions, Inc.to form a team with a high level of expertise in both pretreatment and auditing. 1.2 Audit Team The audit team is composed of specialists with complementary skills to ensure a thorough review of a complex pretreatment program. The team included Mr. John Shaffer and Mr. Najib Saadeh of EEC and Dr.John Parnell of Pretreatment Solutions, Inc. Mr. Shaffer, President of EEC, served as the project manager for this project. He has managed many of EEC's past pretreatment consulting projects, including those for which EEC has teamed with Pretreatment Solutions, Inc. Mr. Shaffer has been a Southern California wastewater consultant for more than 20 years and is very familiar with the relationship between OCSD and SAWPA and with the IEBL project. Mr. Shaffer and Dr. Parnell recently collaborated to evaluate and upgrade the pretreatment program of Salt Lake City, Utah,and the pretreatment ordinance and enforcement response plan for the City of Ventura, California. Dr. Parnell of Pretreatment Solutions, Inc. served as the project technical lead due to his extensive experience in all areas related to pretreatment: program administration, ordinance and local limits development, permitting, inspections, monitoring, enforcement, reporting, and training. Before becoming a consultant, Dr. Parnell expanded the pretreatment program for the City of St. Petersburg, Florida, and he was the industrial pretreatment coordinator there for 17 years. W2422.01T Orange County Sanitation District 8 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Mr. Saadeh, senior regulatory specialist at EEC, served as the project audit lead due to his extensive experience in audits of industrial facilities and evaluation of compliance programs for major multinational corporations and public utilities. Mr. Saadeh has more than 20 years of experience in compliance and management systems auditing. 2.0 OBJECTIVE,SCOPE,AND METHODS The audit objective, scope, and methods were established in agreement between the audit team and OCSD and communicated to SAWPA and its member agencies prior to and during the opening interviews. The audit was initiated on August 7, 2012,with a pre-audit meeting with SAWPA.The opening interview with SAWPA was scheduled after the interviews with the member agencies.This allowed the audit team to gain a better understanding of the way the program was being implemented prior to assessing SAWPA's role in overseeing the complete program. 2.1 Objective The objective of this audit is to assess the measures and controls that SAWPA and its member agencies are currently applying to ensure compliance with all applicable regulations and contractual agreements. The recommendations made by EEC do not only address deficiencies and omissions, but also include best management practices (BMP). Sharing BMPs among the agencies leads to an overall program improvement and is therefore encouraged. If properly followed, the recommendations would ensure consistent and long-term compliance that would ultimately protect the IEBL and OCSD's treatment system and receiving waters while maintaining a viable solution for the brine generated in the Santa Ana Watershed. 2.2 Scope The audit examined all elements of SAWPA's and its member agencies' pretreatment programs: Administration: assessment of policies, procedures, and workflows both internally and with SAWPA as the oversight authority; data management; pollution prevention/BMP programs; public participation; previous USEPA audits or findings; maps and geographic information system data of SAWPA's and its member agencies' service areas, plants, and LWH collection stations; any recent pretreatment program modifications; summary of which 2005 General Pretreatment Regulation options were adopted; description of programs and projects SAWPA is undertaking to improve the watershed; and any other pertinent documents relating to SAWPA's authority as the oversight agency. Permitting: review of permitting process, industrial user inventory identification and verification, category determination, examination of slug control plan, determination whether the existing permits comply with all applicable requirements, and example documents. Monitoring: verification of monitoring program, including permittee self-monitoring and monitoring by SAWPA; monitoring parameters included sampling frequency, constituents monitored, proper sampling and preservation techniques, using appropriate analytical methods, chain-of-custody procedure, and example documents. W2422.01T Orange County Sanitation District 9 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Inspection: review of inspection program and example documents, including a field audit of 16 of SAWPA's and its member agencies' permitted facilities. Enforcement: evaluation of enforcement and implementation of response plan, latest Significant Noncompliance publication, periodic technical review of compliance,and example documents. Data management:review of all types of compliance reports as required by the pretreatment program. QA/QC: QA/QC of all programs and example documents. Resources: assessment of the adequacy of qualifications and resources to implement an effective pretreatment program that complies with all applicable laws and regulations, including obtaining an organizational chart and list of qualifications of staff involved. 2.2.1 Santa Ana Watershed Project Authority The audit team evaluated whether SAWPA, as an oversight agency, developed and implemented sufficient measures to ensure that each of its member agencies and all others that discharge to the IEBL are complying with the terms and conditions of all applicable agreements and regulations, including OCSD ordinances and federal pretreatment regulations(40 CFR 403). EEC also identified and itemized all requirements, responsibilities, and practices related to ensuring that SAWPA is taking the appropriate measures to ensure that the wastewater quality is in compliance with the OCSD ordinance,the 1991 MOU,and the 1996 Agreement. EEC also evaluated SAWPA's developed and implemented measures to ensure that discharges through the LWH collection stations are complying with the terms and conditions of all applicable agreements and regulations. The opening audit interview with SAWPA was held on August 29, 2012. The following representatives from SAWPA and from G&G Environmental Compliance, Inc.(SAWPA's consultant)were present: • Mr. Rich Haller,SAWPA, Executive Manager of Engineering and Operations • Mr.Gary Ethridge,G&G Environmental Compliance, Inc., President • Mr.Gary W. DeFrese,G&G Environmental Compliance, Inc.,Vice President • Mr.Benjamin Burgett,G&G Environmental Compliance,Inc., Environmental Compliance Inspector The following individuals from the audit team were present: • Mr.John Shaffer, EEC, President • Mr. Najib Saadeh,EEC,Senior Regulatory Specialist • Dr.John Parnell, Pretreatment Solutions, Inc.,Principal 2.2.2 Member AgenciesoftheSantaAnaWatershedProjectAuthority SAWPA has entered into multijurisdictional pretreatment agreements with its four member agencies; namely,the IEUA,the EMWD,the SBVMWD,and the W MW D(Figure 3,SAWPA Member Agencies). W2422.01T Orange County Sanitation District 10 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 IEUA was originally named the Chino Basin Municipal Water District, which was formed in 1950 to supply supplemental water to the Chino Basin. On July 1, 1998,the Chino Basin Municipal Water District officially became the Inland Empire Utilities Agency. IEUA permits 9 direct industrial users and 10 indirect industrial users. LWHs permitted by SAWPA transport wastewater from the indirect industrial users to the SAWPA-approved collection station at 16400 El Prado Road in Chino in IEUA's service area. 2.2.2.1 Inland Empire Utilities Aaencv The opening interview with the IEUA was held on August 23, 2012. The following representatives from IEUA and SAWPA were present: • Mr.Craig Procter, IEUA, Pre-Treatment and Source Control Supervisor • Ms. Pan Dezham, IEUA, Pre-Treatment and Source Control Manager • Mr. Kenneth Tam, IEUA,Assistant Engineer • Mr. Martyn Draper, IEUA,Senior Pre-Treatment and Source Control Inspector • Mr. Michael Barber, IEUA, Pre-Treatment and Source Control Inspector • Mr. Rich Haller,SAWPA, Executive Manager of Engineering and Operations The following representatives from the audit team were present: • Mr. Najib Saadeh,EEC,Senior Regulatory Specialist • Dr.John Parnell, Pretreatment Solutions, Inc., Principal 2.2.2.2 Eastern Municipal Water District EMWD was formed in 1950. EMWD permits seven direct industrial users and three industrial users. LWHs transport wastewater from the indirect industrial users to SAWPA's approved collection station located at 29541 Murrieta Road in Sun City in EMWD's service area. The opening interview with EMWD was held on August 21,2012.The following representatives from the EMWD and SAWPA were present: • Mr.Gregg Murray, EMWD,Source Control Manager • Ms.Judy Lankey, EMWD,Senior Source Control Inspector • Ms.Scarlett Draper, EMWD,Assistant • Mr. Dennis Martz, EMWD,Source Control Inspector • Mr.Victor Capata, EMWD, Environmental Compliance Analyst • Mr. David Trujillo, EMWD,Source Control Inspector ll • Mr. Rich Haller,SAWPA, Executive Manager of Engineering and Operations The following representatives from the audit team were present: • Mr. Najib Saadeh,EEC,Senior Regulatory Specialist • Dr.John Parnell, Pretreatment Solutions, Inc., Principal W2422.01T Orange County Sanitation District 11 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 2.2.2.3 San Bernardino Valley Municlnal Water District The SBVMWD was formed in 1954 as a regional agency to plan a long-range water supply for the San Bernardino Valley. SBVMWD permits 5 direct industrial users (4 active users and 1 emergency user). SBVMWD has delegated the management of indirect dischargers to the City of San Bernardino Municipal Water Department (CSBMWD). The CSBMWD permits the 18 indirect industrial users to transport wastewater to SAWPA's approved collection station within the CSBMWD's water reclamation plant located at 399 Chandler Place in San Bernardino. SBVMWD issues the permits for direct users. The permits for the indirect users are issued by CSBMWD but they are co-signed by SBVMWD. The opening interview with SBVMWD was held on August 22, 2012. The following representatives from SBVMWD, SAWPA, CSBMWD, and G&G Environmental Compliance, Inc. (SBVMWD's consultant) were present: • Mr. Robert Tincher,SBVMWD, Manager of Engineering and Planning • Mr.Andy Coady, CSBMWD, Environmental Control Officer • Mr. Michael Placentia, CSBMWD, Environmental Control Technician • Mr.Gary W. DeFrese,G&G Environmental Compliance, Inc.,Vice President • Mr. Benjamin Burgett, G&G Environmental Compliance, Inc., Environmental Compliance Inspector • Mr. Rich Haller,SAWPA, Executive Manager of Engineering and Operations The following representatives from the audit team were present: • Mr. Najib Saadeh,EEC,Senior Regulatory Specialist • Dr.John Parnell, Pretreatment Solutions, Inc., Principal 2.2.2.4 Western Municipal Water District The WMWD was formed in 1954 and serves customers and wholesale agencies from Corona to Temecula. WMWD permits 22 direct industrial users and 18 indirect industrial users. LWHs transport wastewater from the indirect industrial users to SAWPA's approved collection station located at the City of Corona Water Reclamation Plan No. 1 at 2480 Railroad Street,in Corona. The opening interview with WMWD was held on August 28, 2012. The following representatives from WMWD,SAWPA,and G&G Environmental Compliance, Inc. (WMWD's consultant)were present: • Mr.Joe Bernosky,WMWD, Director of Engineering • Mr.Gary W. DeFrese,G&G Environmental Compliance, Inc.,Vice President • Mr.Benjamin Burgett,G&G Environmental Compliance,Inc.,Environmental Compliance Inspector • Mr. Rich Haller,SAWPA, Executive Manager of Engineering and Operations The following representatives from the audit team were present: • Mr.John Shaffer, EEC, President • Mr. Najib Saadeh,Environmental Engineering&Contracting, Inc.,Sr. Regulatory Specialist • Dr.John Parnell, Pretreatment Solutions, Inc., Principal W2422.01T Orange County Sanitation District 12 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 2.2.2.5 lurupa CommuniLE Services District The Jurupa Community Services District(JCSD) was founded in 1956.The JCSD is a public agency known as a Special District.JCSD permits seven direct industrial users that discharge into its sewer system prior to discharging into the IEBL. The JCSD sewer system connects industrial users in the JCSD area to the IEBL. The JCSD operates within WMWD's service area. WMWD granted JCSD the right to issue permits and conduct monitoring. JCSD's pretreatment program, as it relates to the IEBL, was not assessed directly but through interviews with the WMWD and a review of the permits issued by JCSD. The audit team further evaluated JCSD's pretreatment program through an inspection of one of JCSD's permitted facilities, Metal Container Corp. in Mira Loma,California.JCSD staff was not directly audited or interviewed. 2.2.3 Industrial Users The audit team inspected 16 of the 106 Industrial users that were permitted at the time of the audit. The inspections included 8 direct dischargers, 4 indirect dischargers, and all 4 LWH collection stations (each permitted and operated by a separate member agency). Inspection forms were developed based on guidance from the USEPA and used during the site visits(Appendix E,Direct Industrial User Inspection Form,and Appendix F, Indirect Industrial User Inspection Form). Inspection of industrial users is key to evaluate adequately an agency's compliance with applicable federal and local regulations and requirements.The number of inspections is consistent with the typical USEPA pretreatment compliance inspection level of effort (the Control Authority Pretreatment Audit Checklist and Instructions document also suggests that two inspections per agency is typically sufficient). Initially, 11 facilities were selected by OCSD for inspections, but 5 additional facilities were subsequently selected and added to the scope after OCSD's review and approval.The 5 facilities consisted of two LWH collection stations and three power generation plants. Overall, the inspections focused on the facilities that present a potentially higher risk to the IEBL such as significant industrial users and LWH collection stations. The comprehensive site inspections also included a detailed file review prior to each site visit and followed applicable elements of the USEPA's Control Authority Pretreatment Audit Checklist and Instructions. All collection stations were inspected in order to evaluate measures implemented for ensuring that discharges through these stations comply with the terms and conditions of all applicable agreements and regulations. Although LWH information was evaluated as part of LWH collection station inspections, investigations and audits of individual LWHs were not included in the scope of the audit. A detailed report was produced following each inspection (Appendix G, Industrial User Inspection Reports). Except where prohibited, photographs were taken at all sites visited by the audit team. The audit findings have been verbally shared with SAWPA and the member agencies throughout the audit, and SAWPA is currently in the process of addressing many of the findings presented in this report. Starting with the recommended corrective actions presented in the report, SAWPA could begin to develop its own corrective action plan and schedule specific to the audit findings. Alternatively, OCSD could, as specified in the 1991 MOU section 6.D., develop and issue SAWPA a remedial plan with a time schedule for attaining compliance since SAWPA has failed or has refused to fulfill key pretreatment W2422.01T Orange County Sanitation District la EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 requirements. In either case, follow-up audits by OCSD should be scheduled to determine whether the corrective actions are being implemented adequately and on schedule. Information on the industrial users and the date of the inspections are presented in Table 2-1, Industrial User Information and Inspection Dates. Table 2-1, Industrial User Information and Inspection Dates Inspected Facility Control Agency Inspection Date(2012) Discharge Type SBVMWD LWH Collection station CBVMWD August 22 Collection station IEUA LWH Collection station IEUA August 23 Collection station RP No.5 Solids Handling IEUA August 23 Direct Angelica Textile Services SBVMWD August 27 Indirect Metal Container Corp JCSD August 27 Direct Corona Energy Partners Ltd. WMWD August 28 Direct Dairy Farmers of America(former WMWD August28 Direct Corona Resources Recovery) Frontier Aluminum WMWD August 28 Indirect Sierra Aluminum Company WMWD August 29 Indirect Chino II Desalter SAWPA August 29 Direct International Rectifier EMWD August 30 Indirect EWMD LWH Collection station EMWD August 30 Collection station Inland Empire Energy Center EMWD September Direct Mountainview Generating Station WMWD September 10 Direct WMWD LWH Collection station WMWD September 10 Collection station OLS Energy-Chino IEUA September 13 Direct Key: CSBM WD=City of San Bernardino Municipal Water District EMWD=Eastern Municipal Water District IEUA=Inland Empire Utilities Agency 1CSD=Jurupa Community Services District LWH=liquid waste hauler SAWPA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District WMWD=Western Municipal Water District In addition, for the LWH collection stations, the specific features of each station and the manner in which it is managed by the member agencies are presented in Table 2-2, Liquid Waste Hauler Collection Station. Some collection stations are completely automated while others are staffed. Also, the level of security for access and the frequency of monitoring for wastewater vary among stations. W2422.01T Orange County Sanitation District 14 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 2-2,Summary of Liquid Waste Hauler Collection Station EWMD IEUA SBVMWD WMWD Feature LWH Collection LWH Collection LWH Collection LWH Collection Station Station Station I Station Permit No.SS2 No.SSP027 No.4E-04-SS6 No.413-06-S60 Yes.Plant operator Staffed No; monitored by No;monitored by a checks haulers No;monitored by video camera CCTV system against a list of plant personnel approved dischargers Security Gated and security Gated,carded,and Gated and carded Gated and coded code coded multiple times manual pH meter(1 PH and sulfide levels pH(some pH quart samples)at the checked(if exceeds ,wastewater is pH (if exceeds limits, Monitoring industrial facility(not limits,station shuts done onsite) down and code allowed to discharge load is rejected).invalidated) and the pH is read) Rejected loads not Waste Load noticed to other Notice faxed to other Notice faxed to other Notice faxed to other Rejection stations(only Notice International stations stations stations Rectifier discharges) Manifests dropped Processing of No manifests Manifests dropped Manifests processed off into box and off into box and submitted to G&G Manifests deposited at station processed by IEUA by plant operator Environmental for review Sampling done on- All discharges are site twice a month; Sampling at Sampling at Sampling sampled,and p g permittee not originating facility originating facility required to self- samples are only only monitor selectively analyzed Flow Meter Not clear Annually Annually Annually per permit Calibration requirement pH meter calibrated pH Meter (at the industrial Annually per permit Calibration facility,not the Weekly Annually requirement station) Self- Yes Yes Yes Yes permitted Key: CCTV=closed-circuit television EMWD=Eastern Municipal Water District IEUA=Inland Empire Utilities Agency LWH=liquid-waste hauler SBVMWD=San Bernardino Valley Municipal Water District WMWD=Western Municipal Water District 2.3 METHODS In accordance with the audit objectives and the USEPA's standards and guidelines, the audit was conducted in three phases: 1) planning, 2) implementation,and 3) reporting. W2422.01T Orange County Sanitation District 15 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 During the planning phase, the audit team reviewed documents provided by SAWPA and the member agencies to understand the regulatory framework and processes relevant to the audit scope. The purpose of the planning phase was to develop a risk-based audit program as a basis for the orderly, efficient,and cost-effective performance of the audit and to develop criteria for assessment. During the implementation phase, the audit team interviewed representatives from SAWPA and its member agencies. SAWPA's representative was present at all interviews with the member agencies. During this phase,the audit team also inspected industrial user sites and LWH collection stations. The reporting phase consisted of closing interviews, first with SAWPA and then with SAWPA's member agencies. At the time of this report, the closing interviews were all concluded with SAWPA and WMWD on October 16,2012, and with SBVMWD, IEUA and EMWD on October 22, 2012. In all phases of the audit, the audit team considered all regulatory requirements and contractual obligations applicable to SAWPA and SAWPA's member agencies.The regulatory requirements included the OCSD Wastewater Discharge Regulations (Ordinance No. OCSD-39), USEPA Pretreatment Regulations, the 1991 Memorandum of Understanding, and the 1996 Wastewater Treatment and Disposal Agreement. 2.3.1 Orange County Sanitation District Wastewater Discharge Regulations Ordinance No. OCSD-39 The OCSD ordinance sets uniform requirements for users of OCSD 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(40 CFR 403;Appendix A). 2.3.2 United States Environmental Protection Agency Checklist The audit team conducted audit activities in accordance with the USEPA's recommended pretreatment audit checklist, which is divided into three sections (Appendix D): Section I, Data Review; Section II, IU File Review; and Section III,Observations and Concerns. Section I, Data Review,consisted of an interview.The interview was intended to evaluate the portions of program implementation that could not be evaluated adequately by looking at the industrial user files. The audit team first conducted interviews to gather background information on the program that would be verified through review of industrial user records.The interview also complemented the information gained during the file review and site visits. Section II, IU File Review, consisted of the review of industrial user records to verify information collected during the interview. The audit team reviewed the industrial user records maintained by SAWPA and its member agencies to gather objective evidence of whether the program was effectively implemented or not implemented. Section III, Observations and Concerns, consists of a summary of observations and concerns based on information gathered from site visits, interviews, and file reviews. Section III is organized to correspond to the subsections in Sections I and II of the USEPA checklist;the areas of concern to consider are listed with corresponding regulatory and checklist question citations. This section identifies problems and deficiencies for which required actions and applicable recommendations have been identified; these W2422.01T Orange County Sanitation District 16 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 findings and recommendations are summarized in Section 3.0, Findings and Recommendations, and Section 4.0, Conclusion,of this report. 2.3.3 1991 Memorandum of Understanding The 1991 MOU between OCSD and SAWPA allows SAWPA to continue to exercise jurisdiction and control over all discharges located within SAWPA's territorial boundaries in the Upper Basin that are tributary and discharge to OCSD's facilities. For example,SAWPA is responsible for the following activities: • Issuing permits and enforcing violations • Monitoring wastewater flows and performing inspections at SAWPA's expense • Collecting noncompliance fines,fees,user charges,taxes,and other lawful charges as levied by SAWPA • Preparing and submitting appropriate quarterly and annual reports A summary table of all of SAWPA's responsibilities under the 1991 MOU is presented in Appendix B. 2.3.4 1996 Wastewater Treatment and Disposal Agreement The 1996 Agreement between OCSD and SAWPA became effective on July 24, 1996.The summary table includes all 32 parts of the 1996 Agreement; however, the following sections are most relevant to the audit: • Treatment and disposal rights • Capital payments • Quality criteria • Quality violations • Protection of OCSD facilities • Limitation of discharge to the wastewater originating from SAWPA service area only A summary table of SAWPA's responsibilities under the 1996 Agreement is presented in Appendix C. 3.0 FINDINGS AND RECOMMENDATIONS The seriousness of audit findings regarding deficiencies varies significantly. Positive findings that are considered BMPs were also captured. In order to provide consistency in reporting the audit findings,the significance of each finding was rated in one of the following categories: • V: Violations • N: Noncompliance • D: Deficiencies • E: Effectiveness issues • B: Best management practices Violations (V) refer to findings that are generally rated as violations of the federal pretreatment regulations.Occurrence of these problems on an ongoing basis raises concerns regarding SAWPA and/or the member agency's internal control environment over its pretreatment program. W2422.01T Orange County Sanitation District 17 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Noncompliance(N) refers to instances of nonfulfillment of SAWPA's contractual agreements with OCSD (1991 MOU and 1996 Agreement)and/or the terms of the permit. Instances of noncompliance raise the same concerns as violations. Deficiencies (D) refer to findings where their continuing occurrence can result in an overall high likelihood for a violation or for an instance of noncompliance and should be reported as such. Effectiveness issues (E) refer to less serious matters that affect or can affect the pretreatment program negatively. Best management practices (B) are methods, techniques, or monitoring measures found to be the most effective and practical in achieving compliance while making the optimum use of an agency's resources. The audit team clearly distinguished between findings of violations, noncompliance, deficiencies, program effectiveness issues, and best management practices. Reportedly, some of these issues were being addressed by SAWPA and/or the member agencies. The status and description of the conveyed corrective actions were not included in this report because the required verification of such reports should be part of the scope and objective of verification and follow up audits of the corrective action plan. Findings and recommendations are presented in Tables 3.1 and 3.2 for each program element. Each finding is assigned a letter for each program element,a second letter to designate the agency associated with the finding,and a numeral to indicate the finding number. For example,for finding A.S.1, "A" refers to the administration element of the pre-treatment program, "S" refers to SAWPA,and "1" indicates the first listed finding and so on. Because SAWPA and SBVMWD start with the same letter,the letter"S"was assigned to SAWPA and the letter"B"to SBVMWD. W2422.01T Orange County Sanitation District 1g EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-1, Program Administration Findings and Recommendations FindinAgency Number Finding Rating Recommendations Noncompliance with 1991 MOU. SAWPA should develop an audit program and perform SAWPA's effort in ensuring that all SARI dischargers are permitted audits of all of its member agencies to verify that all SAWPA A.S.1 is not sufficient.SAW PA only audits EMWD and IEUA.There was N industrial users a re properly permitted.SAWPA should an instance of an illegal discharge from the Los Serrano's facility. also perform regular monitoring of the SARI to ensure This is a requirement under Section 2.C.of the 1991 MOU. that there are no illegal connections. Noncompliance with 1991 MOU. SAWPA should develop and implement a procedure to ensure that signed permits are forwarded or SAWPA A.S.2 SAWPA has not been fulfilling its obligation to forward,within 15 N made available to OCSD within 15 days. Reportedly, days,copies of signed permits to OCSD.This is a requirement permits are now uploaded to the SharePoint site under Section 2.E.of the 1991 MOU. and OCSD is notified by email. Noncompliance with 1996 Agreement. SAWPA should develop and implement a procedure SAWPA does not have a procedure in place to ensure that it does to identify facilities that were previously denied SAWPA A.S.3 N service in OCSD's jurisdiction.SAWPA is considering in OCS grant capacity for facilities that ire a nt under S anon service addressing this in a question on the permit in the 19 jurisdiction.This is a requirement under Section C.S.)b).ii application form. of the 1996 Agreement. Noncompliance with 1996 Agreement. SAWPA should develop and implement a procedure to ensure that reclaimable wastewater is not SAWPA A.S.4 The steps that SAWPA are taking to minimize reclaimable N discharged into the SARI. This verification can be wastewater discharges to the SARI are not apparent.This is performed during the inspection of industrial user requirement under Section C.7 ofthe 1996 Agreement. facilities. Noncompliance with 1996 Agreement. SAWPA should develop and implement a procedure SAWPA A.S.5 The steps that SAWPA are taking to ensure that stormwater is not N to ensure that stormwater is not discharged into the discharged to the SARI are not apparent.This is a requirement SARI.This verification can be performed during the under Section C.28 of the 1996 Agreement. inspection of industrial user facilities. Noncompliance with 1991 MOU. SAWPA A.S.6 SAWPA did not fulfill OSCD's request for a current list of N OCSD should be granted access to the list of permits.This is a requirement under Section 2.E.of the 1991 permittees that is maintained by SAWPA. MOU. W2422.01T Orange County Sanitation District 19 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3.1,Program Administration Findings and Recommendations (Continued) Finding Agency Number Finding Recommendations No defined jurisdiction. The multijurisdictional agreement or arrangement between A legal review of the multijurisdictional agreement WMWD and JCSD is not clear.WMWD permits the sewer or arrangement between WMWD and JCSD must be SAWPA A.5.7 connection points to JCSD.JCSD permits its own facilities and, IN or and the JCSD's power to issue permits although SAWPA does not consider JCSD a member agency,JCSD and carry out enforcement must be confirmed. is acting in a control agency capacity,and OCSD is not aware of such arrangements.Section 6.C.of the 1991 MOU. Noncompliance with 1991 MOU. SAWPA must resume supplying all required data, SAWPA A.S.g SAWPA is not supplying all of the required data including self- N including self-monitoring data,in the quarterly monitoring data in the quarterly reports.This is a requirement report to OCSD.SAWPA has reportedly resumed the under Section S.D.of the 1991 MOU. reporting. Noncompliance with 1991 MOU. SAWPA must ensure that the permit application SAWPA A.S.9 The permit fact sheetsthat SAWPA submits to OCSD for review are N Process is well documented and followed andthat missing key information and sample data.This is requirement under data and information verification is performed prior Section 2.A of the 1991 MOU. to submitting the application to OCSD. Noncompliance with 1996 Agreement. As Clearly Stated in the 1996 Agreement,SAWPA SAWPA A.S.30 SAWPA has interpreted the"out-of-area"definition differently N should obtain OCSD's written approval for all than the definition in the 1996 Agreement.This is a requirement wastewater originating from outside SAWPA's SARI under Section 24 of the 1996 Agreement. Service Area for any direct or indirect discharger. Noncompliance with 1991 MOU. SAWPA must communicate to OCSD the monitoring schedule,including self-monitoring requirements, SAWPA A.S.11 SAWPA has not communicated to OCSD the monitoring schedule, N for all permittees.SAWPA must agree with OCSD on including self-monitoring requirements,for all permittees.This is a the best method to regularly communicate the requirement under Section 3.C.of the 1991 MOU. information. SAWPA should reissue all permits with the No defined jurisdiction. reference to Ordinance No.6 or any revision thereafter. SAWPA should develop a reasonable SAWPA A.S.12 Since SAWPA adopted a new ordinance(Ordinance No.6),not all V schedule for reissuing all the permits with reference industrial user permits were reissued to reference the new to the correct Ordinance.SAWPA should seek legal ordinance. advice for referencing"or successor ordinances"or similar language in the permits and hence avoid W2422.01T Orange County Sanitation District 20 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3.1,Program Administration Findings and Recommendations (Continued) Finding Agency Numher FindingMi Rating , Recommendations having to reissue all permits every time the Ordinance is updated. Delayed initiation of permit renewals. Some member agencies require that the initiation of the permit renewal process is the responsibility of the permittee rather than SAWPA must develop and implement a process for that of the responsible member agency.However,if the permittee D initiating the permit renewal 90 days prior to permit SAWPA A.5.13 does not initiate the permit renewal process,the member expiration date and allowing enough time for agencies do not identify which permittees failed to make the OCSD's review. notifications or that the permits have expired.In some cases,the permit renewal process only started after OCSD's inquiries into whether the permits were renewed. Inaccurate portrayal. In permits and documents referring to the collection stations,the The wording"liquid waste hauler collection station" should be used in all documents and permits and at terms collection station or discharge station are typically used. SAWPA A.5.14 E all boards and signs posted at the collection However,at least in one instance,the term truck dump station was also used.The term dump does not relay the importance of stations. This term is defined and used in SAWPA's compliance in order to ultimately protect both the IEBL and the current Ordinance. OCSD wastewater treatment facility. Conflict of interest. The WMWD collection station's most recent direct-user discharge SAWPA must find an alternative to the current SAWPA A.S.15 permit was issued to WMWD by WMWD. In general,self- E permitting of an agency's LWH collection station, permitting does not provide the desired control level to ensure desalters,and emergency bypasses by the same compliance with regulatory controls.All member agencies permit agency. their own LWH collection stations. In EMWD's case,the LWH collection station and the desalters are permitted by WMWD. Outdated ordinance. EMWD recognizes that it must upgrade its sewer EMWD recognizes that they have to upgrade their sewer use use ordinance to include the USEPA pretreatment EMWD A.E.1 ordinance to include the USEPA pretreatment streamlining D streamlining provisions and to make the ordinance provisions and be consistent with SAWPA's Ordinance No.6.The consistent with SAWPA's Ordinance No.6 or any EMWD intends to perform this upgrade,including the Enforcement revision thereafter. Response Plan,as soon as SAWPA's Ordinance is updated. W2422.01T Orange County Sanitation District 21 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3.1,Program Administration Findings and Recommendations (Continued) Fing Agency Numheindr Ran Recommendations Lack of jurisdiction. SBVMWD appears to completely delegate most or all of the SBVMW administrative responsibilities to G&G and CBBMWD.SBVMWD SBVMWD must develop its own ordinance and D A.B.1 would like to adopt SAWPA's ordinance by reference and IN SBVMWD into a jurisdictional agreement with CSBMWD. disregard its own IEBL ordinance.SBVMWD has already adopted SAWPA's ERP.The adoption of the ERP will be problematic when delegation of enforcement responsibilities is involved. Lack of jurisdiction. SBVMW There is no written multijurisdictional agreement or arrangement D A.B.2 between SBVMWD and CBVMWD.All user permits are issued by N Same as above. CSBM W D, but SBVMWD co-signs the LW H collection station and the indirect users within the SBVMWD service area. Lack of jurisdiction. WMWD adopted a new sewer use ordinance on June 20,2012, effective August 15,2012.The ordinance contains reference to an WMWD must develop its own ordinance and ERP WMWD A.W.1 ERP(Article 6)and no reference to the IEBL users;WMWD N that is inclusive of the IEBL. admitted at the interview that it may not have an IEBL ordinance at the present time. Lack of an ordinance and ERP effectively means that WMWD has no current legal authority to oversee the IEBL indirect or direct users. Lacking data management tool. WMWD oversees and administers all sampling and monitoring WMWD must develop an adequate data WMWD A.W.2 activities for its users.WMWD appears to have adequate E equipment to perform this function but the audit team did not management system. inspect the equipment.Sampling data is entered into a customized database that is reportedly old and possibly in need of updating. Key:CSBMWD=City of San Bernardino Municipal Water District LWH=liquid-waste hauler EMW D=Eastern Municipal Water District MOU=memorandum of understanding ERP=Enforcement Response Plan SAWPA=Santa Ana Watershed Project Authority I EUA=Inland Empire Utilities Agency SBVMWD=San Bernardino Valley Municipal Water District 1CSD=Jurupa Community Services District WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District 22 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations Finding Agency Number Finding Rating Recommendation Omission in permit. SAWPA P.S.1 D SAWPA must correct the permit to state that The present permit does not state that the facility is classified as the facility is classified as an SIU. an SIU. (Chino II Desalter Facility) Updating permits. SAWPA should ensure that all permits Many of the permits reviewed don't reference SAWPA's or the reference the updated SAWPA's or member SAWPA P.5.2 regulating member agency's current ordinance. Furthermore,the D agencies'Ordinance,the requirements under requirements of the EPA Streamline Rule is not included in the the EPA Streamline Rule including mass load limits in lieu of concentration limits,and permits. OCSD's local limits(instantaneous limits). Monitoring point location. IEUA is encouraged to adopt the same uniform IEUA P.1.1 The monitoring locations should be clearly defined as to their E permit that SAWPA is currently developing. purposes. (OLS Energy) Permit format. The structure of the IEUA permit is much different from the structure of the permits issued by the other three member agencies and the permit format suggested by the USEPA Industrial User Permitting Guidance Manual,dated September 1989.While the main body of the permit contains the standard regulations,the required monitoring activities are appended to the permit.The IEUA must state in the body of the permit that IEUA P.I.2 sampling location is referred to in Section IIIB in the body of the E the facility is permitted as an SIU and the permit between other standard regulations,and a diagram of the reason for this classification. location of the sampling point is included in another appendix to the permit.Since the direct discharge to the IEBL,and eventually to OCSD's wastewater treatment plant,originates from the permittee's industrial processes,the permit contains OCSD's applicable local limits that apply at the end of pipe discharge point. (RP-5) W2422.01T Orange County Sanitation District 23 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number IEUA must include in the permit a section requiring the permittee to submit to the control agency,at least 90 days before the Categorical standards. commencement date of any business activity, all details of any new customer with which it IEUA P.1.3 Facility is permitted as an SIU, but this is not explicitly stated in the E intends to do business.This will act as a body of the permit.The reason for the SIU classification(e.g. guarantee that no customer from inside or industrial flow exceeding 25,000 gallons per day)is not presented. outside of the municipal area is allowed to (RP 5) transport waste to the RP-5 facility without the full knowledge of the waste substances involved and the origins of the waste by the regulatory agencies. Categorical standards. In a situation where a facility,such as the RP-5 facility,accepts only food waste and is exempt from the centralized waste treatment Although IEUA Ordinance contains a section regulations in 40 CFR 437,the permit must contain a section produthat addresses changes on A)to an industrial user's requiring the permittee to submit to the control agency(IEUA for doesn tin lode atimeline for the Ordinance IEUA P.I.4 RP-5),at least 90 days before the commencement date of any E does not include a timeline for notification. This requirement should be included in the activity,all details of any new customer with which it intends to do business.This will guarantee that no customer from inside or permit to prompt the permittee to notify IEUA outside of the municipal area is allowed to transport waste to the and allow sufficient time for an adequate RP-5 facility without the full knowledge of the waste substances review of the proposed changes. involved and the origins of the waste by the regulatory agencies. (RP-5) Best management practices. The Inland Empire Energy Center facility is equipped with permanent gauges to provide real-time flow rates and pH Best management practices should be shared EMWD P.E.5 measurements.Flow rates and pH measurements are also B with other agencies and with other industries. monitored in real-time by EM W D.This very advanced monitoring system provides maximum visibility for the control agency.It was not encountered at any other facility inspected during the audit. (IEEC) W2422.01T Orange County Sanitation District 24 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number Omissions. EWMD must list the wastewater streams The prohibited waste discharges are listed under Part 5.1.of the authorized to discharge from the IEEC facility. EMWD P.E.6 permit.However,the permit does not list the wastewater streams E A list of the waste streams authorized to authorized to discharge from the IEEC facility.A list of the waste discharge is an integral part of a permit and streams authorized to discharge are an integral part of a permit should be included. and should be listed. (IEEC) Omissions. The EMWD permit simply refers to the permittee(International Rectifier)as"performing processes subject to 40 CFR 469,"which The permit should provide more detail about EMWD p E,7 is inadequate.This is a complex facility and the permit should B the sources of regulated and unregulated describe the sources of regulated and unregulated waste streams in more detail. However,no other significant issues were found waste streams. with this permit.Comparisons with the WMWD permit for this same facility demonstrate serious errors in the WMWD permit. (See P.W.10)(International Rectifier) Omissions. Industrial user is permitted as a nonsignificant industrial user,but Permit should explicitly state that an industrial $BVMWD P.B.1 this is not explicitly stated in the body of the permit.The only D user is permitted as a Non-Significant reference to this classification was the permit number SARI-IU- Industrial User. 021.(Angelica Textile Services) Errors. SBVMWD P.B.2 The permit contains the name of another unrelated industrial user E The permit must be corrected and a permit (first paragraph on page 2 of the permit refers to CSM Bakery review process implemented. Products).(Angelica Textile Services) Errors. 1.Outdated contact information in permit lip. 10, Part 3.E).Calling D The permit must be corrected and a permit WMWD P.W.1 (714)593-7410 is not appropriate(Mr. Paul Spassoff is an office review process implemented. assistant,not the indicated Source Control Manager,the position of Source Control Manager no longer exists). W2422.01T Orange County Sanitation District 25 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number 2.Repeated information in permit(p. 11, Part 3.E). 3.Incorrect references in the permit(LWH collection station permit-facility where collection station is located is referred to as the"City of Corona's Water Treatment Plant No.1"instead of the "City of Corona Water Reclamation Facility No. 1"). 4.Incorrect designation of the entity required to immediately notify WMWD of any concerns or issues(per Permit Special Conditions Part S.D.3,the Dart Container Corporation is required to notify WMWD or any concerns or issues-Dart Container Corporation is a permitted direct discharger located approximately 1.0 mile from the collection station).(LWH Collection Station in Corona) Omissions. WMWD P.W.2 The permit states that sampling for biological oxygen demand and V Monthly sampling by WMWD for surcharge total suspended solids is required. However,monthly sampling by purposes should be added to the permit. WMWD for surcharge purposes is not mentioned in the permit. (Dairy Farmers of America) Errors. Multiple designations for the same sampling location: Permit refers to the sample location as Location 001.In Section 1G the Sampling location must be well defined and WMWD P.W.3 permit describes the same location as"Discharge Point A." In D illustrated Section 2A,permit refers to a designated sample location that is described and poorly illustrated in Section 2C as a"sample location."(Dairy Farmers of America) Incorrect permitting procedure. The termination of the permit for the DFA facility,the issuance of a WMWD should ensure that its permitting WMWD P.W.4 modified permit as a standby permit,and the permit for the CCR N procedures comply with the requirements in operation did not follow the correct permitting procedure SAWPA's and OCSD's Ordinances. required by SAWPA and OCSD.This is not allowed in SAW PA's (Section 407.0)or OCSD's(Section 104.A)Ordinances. W2422.01T Orange County Sanitation District 26 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number Categorical standards. Incorrect categorical identification of manufacturing process. Permittee must be correctly categorized based WMWD P.W.S Currently,it is incorrectly identified as a categorical industrial user V on the current manufacturing activities. subject to 40 CFR 467,but all extrusion activities have ceased at the site.(Frontier Aluminum) Categorical standards. Incorrect categorical identification of manufacturing process. Reference to Press Heat Treatment Contact Cooling Water is A combined waste stream formula must be incorrect in the spreadsheet and should be removed from the developed to calculate the applicable limits for WMWD P.W.6 calculation.The Heat Treatment Non-Contact Cooling Water is not V the total combined flows from the two being monitored and treated as a dilution Flow.A combined waste regulated sources.The spreadsheet used in stream formula is not developed to calculate the applicable limits the calculations must be corrected. for the total combined Flows from the two regulated sources.The spreadsheet used in the calculations contains incorrect data and the wrong combined waste stream formula.(Sierra Aluminum) Errors. Permit must distinguish between OCSD's TTO Permit does not distinguish between OCSD's total toxic organics list and the federal TTO list described in WMWD P.W.7 (TTO)list and the federal TTO list described in 467.02(q).These V 467.02(q).Permit must state that the oil& two TTO lists contain different pollutant parameters.Also the grease analysis may be used as an alternate for Permit does not state that the oil&grease analysis may be used as the TTO analysis. an alternate for the TTO analysis.(Sierra Aluminum) Errors. WMWD P.W.8 Permit states that a TTO certification is required (presumably in V Permit must be corrected,and TTO sampling lieu of sampling)but this requirement is not contained in the must commence. federal regulations.(Sierra Aluminum) Omissions. Permit must contain the formula used in the WMWD P.W.9 Permit does not contain the formula used in the calculation of the D calculation of the combined waste stream,and combined waste stream formula or an explanation of the various the various waste streams involved must be waste streams involved.(Sierra Aluminum) listed. W2422.01T Orange County Sanitation District 27 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-2,Permitting Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number Omissions. WMWD P.W.10 Permit contains a diagram that is outdated.The diagram of the E The facility diagram must be corrected to wastewater treatment system shows an evaporator system that is no remove the evaporator. longer there.(Sierra Aluminum) Categorical standards. WMWD's permit does not distinguish between the OCSD TTO local The WMWD permit must be corrected and limit and the 40 CFR 469.18 TTO limit and incorrectly comparesthe must identify the difference between OCSD's two limits by using the most stringent limit for the single analysis. TTO local limit(which requiresanalysis by WMWD P.W.11 The EMWD permit correctly identifies the difference between V USEPA Method 624 or V)and the federal for TTO in 40 CFR OCSD's TTO local limit(which requires only an USEPA 624 analysis) pretreatment standard469.18(which requires analyses by both and the federal pretreatment standard for TTO in 40 CFR 469.18 (which requires both a 624 and 625 analyses).(International USEPA Methods 624 and 625). Rectifier) Key: CSBMWD=City of San Bernardino Municipal Water District EMWD=Eastern Municipal Water District I EEC=Inland Empire Energy Center I EUA=Inland Empire Utilities Agency 1CSD=Jurupa Community Services District LW H=liquid-waste hauler MOU=memorandum of understanding SAW PA=Santa Ana Watershed Project Authority SBVM W D=San Bernardino Valley Municipal Water District SIU=significant industrial user 70=total toxic organics WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District 28 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-3,Monitoring Findings and Recommendations Finding Finding Rating Recommendation Best management practice. B The IEEC facility is equipped with permanent gauges to provide real-time Best management practice should be EMWD M.E.J. flow rates and pH measurements.Flow rates and pH measurements are also shared with other agencies and with monitored in real-time by EMWD.This very advanced monitoring system other industries. provides maximum visibility for the control agency.It was not encountered at any other facility inspected during the audit.(IEEC) Lacking monitoring equipment. Permittee should maintain a written log of pH on an hourly basis(or install a IEUA M.I.1 Permittee should maintain a written log of pH on an hourly basis(or install a E continuous pH recorder)at the continuous pH recorder)at the discharge point or in the discharge pit on the discharge point or in the discharge pit on the effluent side of the dissolved air effluent side of the dissolved air flotation unit.(RP-5) flotation unit. Errors. The exact location of the sample point was described during the inspection by the permittee as the interior of the pipe leading to the final effluent The exact location of the sample point storage tank at the audit.The permit states that the sampling point is a must be determined and accurately manhole on Flower Street.Further investigation of the exact location of all described in the permit.Furthermore, IEUA M.1.2 samples to date by both IEUA and the permittee should be conducted to the sampling point should be clearly ascertain if the correct sampling point indicated in the permit is always used, marked in the field to avoid any or if a revision of the sampling point has been recorded after permit confusion in the future. issuance.Some reference to a future revision of a sampling point was included in the January to March 2012 quarterly report from IEUA to SAWPA but no further information could be found.(RP-5) Error. The permit must include the correct IEUA's facility permit defines a grab sample as an individual sample collected definition ofa grab sample.Although i M.1.3 in less than S minutes.In the USEPA Model Ordinance(January 2007)a grab E IEUA's requirement is more stringent sample is referred to as"a sample that is taken from a waste stream without that Lion from nonetheless,the regard to the flow in the waste stream and over a period of time not to deviation from a federal definition is not exceed fifteen(15)minutes."(RP-5) warranted. W2422.01T Orange County Sanitation District 29 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-3,Monitoring Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number Error. The permit should be corrected to SBVMWD M.B.1 Permit,in Part IIB,refers to a sample point located on the tanker truck V include the spigot on the storage tank transporting the waste.This is incorrect,as the audit team was informed that as the sample point.The sampling point the spigot on the storage tank was the sample point.(Angelica Textile Services) should be clearly marked in the field. Omission. SBVMWD M.B.2 Permit,in Part IIIA,sampling is required in January of each year but the D The permit must explicitly state the permit does not specifically state that the permittee shall perform the party responsible for sampling. sampling.(Angelica Textile Services) Lack of contractual agreement. Oversight ofthe monitoring program by SBVMWD is questionable,as there Responsibilities for sampling and are no written standard operating procedures or documented actions. monitoring activities must be well SBVMWD has delegated all of its sampling and monitoring responsibilities. defined.Formal agreements must be in SBVMWD M.6.3 Indirect users conduct their own sampling in all instances and CBBMWD V place if SBVMWD decides to continue to performs the required control authority sampling.WMWD samples the delegate sampling and monitoring direct users for control authority requirements.It was not determined if responsibilities to WMWD and SBVMWD has a contract with WMWD or SBCMWD to perform the SBCMWD. monitoring. Lack of monitoring. Equipment is not monitored and supervision is lacking.At the time of the monitoring Adequate WMWD M.W.J. inspection,the red alarm light was flashing but neither the WMWD V q gp the permit representative nor the water reclamation facility workers nearby had any requirements must be implemented. information on the cause of the triggered alarm or the time that the red light started flashing.(LW H Collection Station) Lack of equipment maintenance. Equipment should be maintained and 1. No valid documentation was provided verifying that the automatic valve calibrated as required in the permit. WMWD M.W.2 would close if the pH value is out of the compliance range of 6.0 to 12.0. V Documentation must be produced and Part 1,H of the permit requires that WMWD submit a quarterly report to maintained for at least three years.The SAW PA verifying the proper functioning of the valve. wastewater discharged must be 2. No documentation was provided verifying the proper operation of sampled and analyzed randomly. W2422.01T Orange County Sanitation District 10 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-3,Monitoring Findings and Recommendations (Continued) Agency Finding Finding Rating Recommendation Number software at the collection station. Part 1, 1 of the permit requires that WMWD submit a quarterly report to SAW PA verifying the proper functioning of the software. 3. No valid records were provided on the meter calibration. Part 5, D.3 of the permit requires that WMWD calibrate the meter annually;the permit does not specify whether the meter to be calibrated is the pH meter or the flow meter. 4. No samples of the wastewater discharged at the collection station are being collected.(LWH Collection Station) Misidentification of sample point. The sample point on the concentrated wastewater tank described in the Sample should be collected from the permit is both end of pipe and end of process so that all of OCSD's local sample point on the concentrated WMWD M.W.3 limits should apply here,as it is the point of discharge to the IEBL via the V wastewater tank and analyzed for all hauler truck.All local limits should be sampled at least semiannually to meet local limits at least semiannually to federal regulations.They are not required to be sampled at all in the present meet the federal regulations. permit.(Sierra Aluminum) Key: CSBM WD:City of San Bernardino Municipal Water Department IEEC=Inland Empire Energy Center IEUA=Inland Empire Utilities Agency LWH=liquid waste hauler SAW PA=Santa Ana Watershed Project Authority USEPA=United States Environmental Protection Agency WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District 31 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-4,Inspection Findings and Recommendations Finding Agency Number Finding Rating Recommendation Lacking inspections. SAWPA must ensure that inspections are adequately SAWPA retained G&G Environmental Compliance Inc. to perform performed. SAWPA I.S.1 inspections of SAWPA's permits.SAWPA displayed little or no oversight E in determining whether or not these inspections are adequately performed. Best management practice. Best management practice should be shared with other agencies and EMWD I.E.J. EMWD inspects all of the IEBL direct and indirect users within its B with other industries. jurisdiction as part of its approved industrial pretreatment program. Inspection forms were found to be comprehensive. Lacking sampling. SBVMWD must include a sampling program as part of its inspection G &G Environmental Compliance, Inc. apparently inspects each facility program. SBVMWD I.B.1 once per year in January on behalf of SBVMWD, but no samples are V collected by SBVMWD or by G&G Environmental Compliance, Inc. (Angelica Textile Services) SBVMWD 1.B.2 Lacking inspections. SBVWMD must oversee its inspection program and ensure Oversight of the inspection program by SBVMWD is questionable,as V that documentation is produced there are no written standard operating procedures or documented and maintained for at least 3 actions.G&G Environmental Compliance, Inc.inspects the direct users years. and makes all decisions since these occur without SOPS. Lacking inspections. WMWD must develop inspection procedures and forms that WMWD I.W.J. WMWD contracts with G&G Environmental Compliance Inc.to perform E incorporate essential inspections for most of its industrial users, including those that directly requirements from the 1991 MOU, or indirectly discharge to the IEBL. Inspection forms were determined the 1996 Agreement and to be comprehensive but did not include all of OCSD's requirements. regulatory requirements. Key:EMWD=Eastern Municipal Water District IEBL=Inland Empire Brine Line SAWPA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District W2422.01T Orange County Sanitation District 32 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-5, Enforcement Findings and Recommendations Agency Finding Finding Recommendation Number Lacking reporting. Enforcement actions by SAWPA are not always reported to OCSD.SAWPA SAWPA must ensure that all SAWPA E.S.1 issued the IEUA a notice ofviolation letter for an unpermitted discharge to N enforcement actions are always the IEBL from the Los Serranos facility,but SAWPA did not inform OCSD of reported to OCSD. this issue. Lacking enforcement action. SBVMWD takes minimal oversight of enforcement procedures and there are no SOPs except that SBVMWD has adopted SAWPA's Enforcement SBVMWD must oversee enforcement Response Plan.G&G Environmental Compliance Inc.prepares drafts of all activities and develop and implement SBVMWD E.B.1 enforcement procedures,and the biggest concern at present is with V EnerTech Environmental California LLC,which processes biosolids. It policies and procedures in the form of appears that EnerTech company has had a large number of startup and an ERP for enforcement. enforcement problems and has been in significant noncompliance,but G&G Environmental Compliance Inc.could not remember when.SBVMWD is ultimately responsible for this enforcement. Lacking enforcement action. WMWD contracts with G&G Environmental Compliance Inc.to draft any After implementing a new monitoring enforcement documents for WMWD's signature for all users that directly program that includes unannounced WMWD E.W.1 or indirectly discharge to the IEBL.Apart from the enforcement performed E inspections,WMWD must ensure that at Corona Resource Recovery,some enforcement at the California enforcement actions are conducted. Rehabilitation Center occurred in 2009-2010 but no other enforcement at other IUs was described at the interview. Key:IEUA=Inland Empire Utilities Agency OCSD=Orange County Sanitation District SAWPA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District 33 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-6, Data Management Findings and Recommendations Agency Finding Number Finding Rating Recommendation No data management tool. SAWPA must ensure that the data management system(OnBase), Data management is not systematic but SAWPA is planning on which is currently in the SAWPA D.S.1 implementing a system called OnBase to manage all data and E implementation phase,aids in documents in the future. fulfilling all regulatory requirements and all of SAWPA's requirements under the 1991 MOU and 1996 Agreement. Best management practice. Best management practice should be shared with other agencies and EMWD has all necessary equipment and trained staff and performs all industry. administrative requirements for both the direct and indirect IEBL users as part of its approved industrial pretreatment program for local sewer EMWD D.E.1 9 users. EMWD uses a database program (Oracle-based custom software) that adequately tracks all of district's industrial users in both the IEBL system and the district's approved program. Overall, the EMWD administration appears to be more than adequate to safeguard the integrity of the IEBL. SBVMWD has a contract with G&G to prepare permits. SBVMWD must ensure adequate review of the permit application SBVMWD receives the permit application for new or reissued permits for new or re-issued permits. and directly forwards it to G&G Environmental Compliance Inc.to SBVMWD D.B.1 N prepare a draft permit. Review by SBVMWD is minimal,as there does not appear to be a delegated reviewer.Pre-permit inspections do not appear to be conducted. Drafts are then forwarded to SBVMWD and SAWPA for review prior to permit delivery. Key:EMWD=Eastern Municipal Water District IEBL=Inland Empire Brine Line LW H=liquid-waste hauler SAWPA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District W2422.01T Orange County Sanitation District U EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-7, Reporting Findings and Recommendations FindingFir Agency Number Finding Rating Recommendation Lack of reports. At the time this report was prepared,SAWPA had resumed reporting to OCSD.SAWPA SAWPA (except for IEUA) was not reporting as required up until the first should include data and information from all SAWPA R.S.1 report was produced for June 2012, which was delivered on August 8, N member agencies and make the required 2012. Previously,the OCSD was receiving reports from IEUA only.As of the changes to the semiannual and annual report time this report was prepared,SAWPA has resumed its reporting. as requested by OCSD. Missing information. IEUA must include copies of compliance reports received from IEBL individual users IEUA R.I.1 Quarterly reports to SAWPA contain details of permits, inspections,and all N in the quarterly reports submitted to analytical results of samples collected by IEUA for IEBL users during that SAWPA. quarter. Copies of compliance reports received from IEBL individual users are not included in the report. Missing information. EMWD must include copies of compliance reports received from IEBL individual users EMWD R.E.1 Quarterly reports to SAWPA contain all analytical results of samples taken N in the quarterly reports submitted to by EMWD on IEBL users during that quarter.Copies of compliance reports SAWPA. received from IEBL individual users are not included in the report. Missing information. SBVMWD must submit to SAWPA all detailed analytical results from either the Compliance reports from EnerTech appear to be delivered to SBVMWD on industrial users or the control authority SBVMWD R.B.1 time and these reports are referred to only in a spreadsheet forwarded to N (performed by WMWD on behalf of SAWPA every month by SBVMWD. No detailed analytical results from SBVMWD). either the industrial users or the control authority (performed by WMWD on SBVMWD's behalf)are submitted to SAWPA. Missing information. In the monthly reports to SAWPA,WMWD must include analytical data and user Monthly reports from WMWD to SAWPA are comprised of tables N compliance reports.SAWPA should discuss WMWD R.W.1 documenting inspections,pN violations,and enforcement activities for the with OCSD the level of detail in the month. No record of any control authority analytical data or user required reports. compliance reports is included. Key:IEUA=Inland Empire Utilities Agency SBVMWD=San Bernardino Valley Municipal Water District OCSD=Orange County Sanitation District WMWD=Western Municipal Water District SAWPA=Santa Ana Watershed Project Authority W2422.01T Orange County Sanitation District as EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-8, Program QA/AC Findings and Recommendations Agency Finding b , Finding Rating Recommendation Number Training lacking. SAWPA must resume annual training of LWH truck drivers SAWPA Q.S.1 Training of LWH truck drivers on safeguards, procedures, and N regarding safeguards, procedures, recordkeeping is a yearly requirement. Last documented training was and recordkeeping. performed in 2009. Checking lacking. SAWPA must ensure that its staff and/or consultant are providing an With SAWPA and two member agencies sharing the same consultant adequate level of review of permit (G&G Environmental Compliance Inc.), it is not clear when G&G fact sheets and final permits. SAWPA Q.S.2 Environmental Compliance Inc. is acting in its capacity as SAWPA's, D WMWD's, or SBVMWD's consultant. Also, it is not clear how quality assurance and quality control is ensured in reviewing permit fact sheets and final permits. Control lacking. The manifests must be collected in a secure location and must be Manifests are not collected in a secure location and are not protected protected from the elements(LWH from the elements. The manifests serve as a record of each shipment's Collection Station). WMWD Q.W.1 chain of custody. When the waste shipment is delivered to the D permitted waste management facility, the receiving facility must sign the manifest, retain a copy as a record,and return a signed copy to the generator who originated the shipment. This process closes the accountability circle and enables the generator to verify that the shipment reached its final destination. Key:LWH=liquid--waste hauler SAWPA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District M EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-9,Program Resources Findings and Recommendations Agency Finding Finding Rating Recommendation Number Expertise lacking. G&G Environmental Compliance Inc. personnel on whom the agency relies demonstrated a lack of skills in the performance of tasks related to the issuance of permits and the SAWPA must acquire performance of monitoring. Personnel have also demonstrated an inadequate level of personnel with the knowledge in the regulatory and technical aspects of pretreatment. necessary expertise to SAWPA R.S.1 D develop and implement its Agency personnel assigned the task of overseeing SAWPA's pretreatment program have pretreatment program and also demonstrated an inadequate level of knowledge in the regulatory and technical who are dedicated to the aspects of pretreatment. program. Agency personnel assigned the task of overseeing SAWPA's pretreatment program have not dedicated sufficient time to oversee SAWPA's overall pretreatment program. Best management practice. Agency personnel have demonstrated skills in the performance of tasks related to the issuance of permits and the performance of monitoring. Personnel have also Best management practice IEUA R.I.1 demonstrated an adequate level of knowledge in the regulatory and technical aspects of B must be shared with other pretreatment. agencies and with other industries. Agency personnel assigned the task of managing SAWPA's pretreatment program have fulfilled their responsibilities for managing SAWPA's pretreatment program in their district. Best management practice. Agency personnel have demonstrated skills in the performance of tasks related to the issuance of permits and the performance of monitoring. Personnel have also gent management practices EMWD R.E.1 demonstrated an adequate level of knowledge in the regulatory and technical aspects of B must be shared with other pretreatment. agencies and industry. Agency personnel assigned the task of managing SAWPA's pretreatment program have fulfilled their responsibilities for managing SAWPA's pretreatment program within their district. W2422.01T Orange County Sanitation District V EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Table 3-9, Program Resources Findings and Recommendations (Continue[) Agency Fmumberdmg Finding Rating Recommendation N Expertise lacking. G&G Environmental Compliance Inc. personnel on whom the agency relies demonstrated a lack of skills in the performance of tasks related to the issuance of permits and the performance of monitoring. Personnel have also demonstrated an inadequate level of SBVMWD must acquire knowledge in the regulatory and technical aspects of pretreatment. personnel with the necessary expertise to SBVMWD R.B.1 D develop and implement its Agency personnel assigned the task of overseeing s pretreatment program have pretreatment program and also demonstrated an inadequate level of knowledgedge in in the regulatory and technical who are dedicated to the aspects of pretreatment. program. Agency personnel assigned the task of overseeing SAWPA's pretreatment program have not dedicated sufficient time to oversee SAWPA's pretreatment program within their district. Expertise lacking. G&G Environmental Compliance Inc. personnel on whom the agency relies demonstrated a lack of skills in the performance of tasks related to the issuance of permits and the WlAWD must acquire performance of monitoring. Personnel have also demonstrated an inadequate level of knowledge in the regulatory and technical aspects of pretreatment. personnel with the necessary expertise to WMWD R.W.1 Agency personnel assigned the task of overseeing SAWPA's pretreatment program have D develop and implement its also demonstrated an inadequate level of knowledge in the regulatory and technical pretreatment program and aspects of pretreatment. who are dedicated to the program. Agency personnel assigned the task of overseeing SAWPA's pretreatment program have not dedicated sufficient time to oversee SAWPA's pretreatment program within their district. Key:IEUA:Inland Empire Utilities Agency SAW PA=Santa Ana Watershed Project Authority SBVMWD=San Bernardino Valley Municipal Water District WMWD=Western Municipal Water District W2422.01T Orange County Sanitation District 88 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 4.0 CONCLUSION Overall, major improvements should be implemented at all levels of the pretreatment program to ensure compliance with all applicable requirements and provide the highest level of protection for the IEBL and OCSD's treatment facility. Such improvements, if properly and continuously implemented, would increase the level of protection and would minimize the risk of a repeated instance of serious violations as was the case with Corona Resource Recovery (CRR). General recommendations are outlined below, and specific recommendations to address each finding have been tabulated in Tables 5- 1 through 5-9. Specific to the CRR issue, the audit revealed that SAWPA allowed a major discharger into the IEBL, CRR, to discharge mining waste into the IEBL.The waste originated from outside the SAWPA service area and consisted of mining waste that was inaccurately referred to as "brine" waste. The origin and nature of the waste warranted a higher level of due diligence than that demonstrated by SAWPA and WMWD in the permitting process. At a minimum, SAWPA should have requested a complete waste stream characterization based on a detailed description of the process generating the waste. In addition, because of the large quantity of waste under consideration, SAWPA and/or WMWD should have performed an on-site assessment of all waste generating processes at the Molycorp's Mountain Pass facility to confirm the information provided by CRR. In order to categorically determine all the facts surrounding the CRR issue including any correlation between the excursions in arsenic level in OCSD's biosolids and the discharge of the Molycorp's waste, access to all records maintained by SAWPA, WMWD and Molycorp pertaining to the CRR issue should be granted. On the program administration level,SAWPA must develop and implement the necessary improvements to its pretreatment program. EEC also recommends that SAWPA manage all aspects of the pretreatment program rather than delegate permitting, monitoring, and enforcement to its member agencies. This would give SAWPA the necessary control, but the legality of multijurisdictional agreements allowing enforcement actions and the levying of fines must be addressed. Alternatively, SAWPA could continue to manage its program through multijurisdictional agreements with some or all of its member agencies, but this option is not recommended because it yields a lower level of compliance and protection. Such arrangement relieves SAWPA from the responsibility of issuing permits and monitoring compliance, but would require SAWPA to closely monitor the performance of its member agencies and to conduct announced and unannounced inspections at industrial user facilities. In either arrangement, it is highly recommended for SAWPA to either acquire adequately qualified staff dedicated to SAWPA's pretreatment program and/or to retain a qualified consultant who is not retained by any of its member agencies. At all times, SAWPA must ensure that any conflict of interest is eliminated and that it fulfills its role in providing additional control and program supervision. Permits are control instruments that must be properly prepared and based on accurate and comprehensive information concerning the industrial user. SAWPA should adopt a uniform permit fact sheet and permit format that addresses all applicable requirements in the federal and state regulations, in OCSD's ordinance, in the 1991 MOU, and in the 1996 Agreement requirements. It is also recommended that the practice of an agency issuing permits to itself for the control and monitoring of its LWH Collection Station, its desalters or its emergency bypass permits cease throughout SAWPA's service area. Typically, and as observed in this audit, such a practice leads to many instances of noncompliance due to the inherent lack of control and monitoring. W2422.01T Orange County Sanitation District 39 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 Monitoring at all levels of the pretreatment program must be improved. The level of monitoring by some member agencies is adequate but it is lacking among other member agencies. SAWPA must develop and implement procedures for the regular calibration and maintenance of equipment, for the sampling and testing of wastewater, for gathering information and issuing permits, and for all other activities that can ensure compliance and a higher level of protection to the IEBL and OCSD's treatment and receiving waters. SAWPA must regularly monitor the proper implementation of all adopted procedures. Inspections should consist of a critical examination of the industrial user facility and manufacturing processes. The announced inspections currently performed by the member agencies do not always reveal all changes and modifications.A minimum number of inspections must be unannounced in order to capture facts and information that are more representative of normal operating conditions at the industrial user facilities.The actual number of inspections should be determined in light of the nature of the inspections and the potential risk present. Enforcement plans that are currently in place for SAWPA and its member agencies must undergo a legal review to assess their effectiveness under the current multijurisdictional agreements. Enforcement plans must also contain a clear procedure to determine if a violation is considered an instance of significant noncompliance, to identify and undertake a timely and appropriate response, and to document resolution of noncompliance. Enforcement response planning is a critical portion of every ordinance and is ultimately SAWPA's responsibility to implement. Data management must be improved to increase the level of collaboration and work transferability between SAWPA and OCSD.Traceability also must be improved to facilitate quality checking. Reporting by SAWPA to OCSD must resume and continue on a monthly basis. As required in the 1991 MOU,SAWPA must provide monthly reports detailingthe number and identification of new and existing permittees, inspections, enforcement actions, and monitoring data. SAWPA and OCSD must agree on a report format for smooth and effective transfer of information. QA/QC measures specific to the IEBL must be implemented by SAWPA throughout its pretreatment program. SAWPA's primary mission should be to effectively oversee and carry out a robust quality system and quality management plan, including QA/QC activities at the industrial user level. SAWPA should also regularly review its implemented QA/QC measures. Resources to develop and implement an adequate pretreatment program for SAWPA are critically needed. SAWPA must acquire qualified staff and/or retain a qualified consultant with expertise in both pretreatment and program management. Should it choose to retain a qualified consultant, SAWPA would still need to elevate the pretreatment expertise of its staff members responsible for managing the consultant. The audit team estimated that, should it choose to manage the entire IEBL pretreatment program with the current number of permittees, SAWPA would need a total of three full-time equivalent (FTE) employees (staff and/or consultants). The 3 FTE's would be comprised of a clerical position mainly for invoicing, data management, and reporting; a junior staff position focusing primarily on permitting and inspections; and a program manager to develop and oversee the program, review permits, and liaise with OCSD and member agencies. This estimate is for the first year and is for the development and implementation of a pretreatment program without passing on any responsibility to member agencies. It is also expected that, after the first year, SAWPA would need fewer employees to manage the same number of permittees. W2422.01T Orange County Sanitation District 40 EEC SAWPA Pretreatment Program Compliance Audit Report November 19,2012 The audit findings have been verbally shared with SAWPA and the member agencies throughout the audit, and SAWPA is currently in the process of addressing many of the audit findings. Starting with the recommended corrective actions presented in the report, SAWPA could begin to develop its own corrective action plan and schedule specific to the audit findings. Alternatively,OCSD could, as specified in the 1991 MOU section 6.D., develop and issue SAWPA a remedial plan with a time schedule for attaining compliance since SAWPA has failed or has refused to fulfill key pretreatment requirements. In either case, follow-up audits by OCSD should be scheduled to determine whether the corrective actions are being implemented adequately and on schedule. W2422.01T Orange County Sanitation District 41 EEC SOURCE: Santa Ana River Watershed I Santa Ana Watershed V Mojave Desert Location Map Project Authority San Gabriel Mountains 'e+ ` QBig Bear Lake r San Bernardino Mountains ir µ1 San Bbifd�nG J I Rancho Cucamongacm Npland _ e �' Ighla y�r Q Q FOMana a dA ? @ Cotton f Retlla IPt"' m °r Q Yucaipa " —San Bema Cou nlY Y 'b Q err Diamond Bar " o Chim cc R ersid aRunly ,j .i :1,. p ♦ I/i r l 'ia/� . L a r j' _. A'l Las Angeles C'ou my I, Senta Ana RQ "� Q rjry` � Beaumont s Ar _linty 'Y 1 Orange County Nono Rrvend r ro Yo oa Linde ,Pracb SAWPA MoreQw vane �Placenha Q . � � 131�✓�0'� _ Cake r_ Mathews La o r'�ue 7 r FyAnaheirtpp ®. 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E� --__ --y', J. $+ '__ t�! �`�Late rat � y IVD %�'- !/gym �� — �� - _ -. PJ1 � r��•�/ . �rOCSD Line r I Chino �I Chingl vB Diamon A, p ��pesal� ND v Chino 1 Desalter - R i v'e r s Ig,pG'o u e] ## • Pn Wversl a apj Orange CAf7i ED s A geles Prado Damp C unty �Jr'a l "rtiP Moreno Valley ®Placentia ) _ e-) l� Arlington Desaker' Temescal Desalter d Corona . f Rem Anahei 11fU a t > , Ji / e Main "d 7- 1d y_. , • 7 > r x . /,y.. • Perris h s , Westminster O ,.�.t` , - l �i - ••�' 'r t O Tustin , l��/•�j y �r� e f Huntington Beach a nge County Sanilabon /Costa Me Irvine Des r j aJ '•"fi iris and Menifee = _mct(DCSD)une 30, _ beselter9 � e� •woH � r NEwport Beach � Irvine -� �a't � La �,g i `r Santa Ana Watershed ry ) Pged Boundary //.ar Santa Ana Watershed Authority Project Treatment Pretreatment Program Compliance Audit Empire Brine nd Ocean Dischargel'>'�- - / r V ' tole and Connections Inc Pacific Ocean _ Praiavi.--r F,a ui,. Miles ' W-2422-01T D 215 5.5 n Dale rFlpure o P.\projects\standard_maps\san_system_i_A.mzd SW-1154 October 22,2012 2 PEMG PM DR NS NS SAWPA SOURCE: SAW PA Santa Ana Watershed Project Authority MoJaveDesert Member Agencies San GabHel Mountains Silverwood Lake Arrowhead - t •(� Big Bear Lake • %- � ?' - - !!._rl , San BernardinolMounWins San Bernardino / U Ian Rancho Cucamonga .� • �j �W-44, 1 . Highlantl I �t , � ® Fontana � �- x SBVMWD Calton �'r IEUA o • •ReOta _Ipa _ A Diamond Chi. m _ .r gA'cmeo�cy Santa Ana Watershed Boundary M�'<- •r ,,(lam r aumont '�rmt Linde A Lace n✓ia ahei • 4 ' . r d OCWD 0• ae'4�� Sa nta�Ana Mourrtal , , o = Tu4tM - v San Jacinto -Z% Westminste c° ,, i H aSan Jacinto Mini +`f I c'" r h"� � �y '' O• a e o r Huntington Beach o`p a nd y- '! f, f INif� RNVIRONMRNTK Newport Beach •O '" � • T � �' �sF-v1Ae �� Pacific Ocean �1 Y Santa Ana Watershed Authority Prolog Pretreatment Program Compliance Audit Santa Ana Watershed Notes: a' e Projeet Authority EMWD=Eastern Municipal Water District Member Agencies IEUA=Inland Empire Utilities Agency s OCWD=Orange County Water District wuian numoe� rua numeer SBVMWD=San Bemardino Valley Municipal Water District 45 g 18 ile5 W24z20tT esye memeer WM WD=Westen Municipal Water District // D. r'eureencNe a+� P:\projects\standard_maps\Member_Agencies_1_A.mxd SW-1152 October 22,2012 PEMG PIA DR NS NS SN 2013 SAWPA Remedial Plan (Remedial tasks for SAWPA to complete towards gaining compliance with Pretreatment Program responsibilities) ORANGE COUNTY SANITATION DISTRICT We protect public hall and the ereiranme it by providing effective wastewater wllecOon,Ueatmeirt,and recycling. January 25, 2013 Richard E. Haller, Executive Manager Engineering & Operations Santa Ana Watershed Project Authority 11615 Sterling Avenue Riverside, CA 92503-4979 Barring SUBJECT: Final SAWPA Remedial Plan Anaheim Brea Enclosed please find the SAWPA Remedial Plan issued by the Orange County Buena Park Sanitation District(OCSD) to the Santa Ana Watershed Project Authority C,press (SAWPA). OCSD's staff and management appreciate the comments made by the SAWPA, Eastern Municipal Water District, and Western Municipal Water Founlein coney District General Managers to the OCSD Steering Committee on January 23rd Funerton stating their committment to addressing the Pretreatment Program deficiencies Bardan Brun identified during the 2012 SAWPA Audit and successfully completing the Henwr9wneeaeh requirements of the Remedial Plan. o-rne To address these deficiencies, SAWPA is committed to establishing an La He6ra effective, efficient, fully-compliant, self-sustaining Pretreatment Program that Le Palma achieves long-term compliance and protects OCSD's treatment plants and Lns Abusbua Santa Ana River Interceptor sewer line. OCSD welcomes the opportunity to Newpax Beach work with SAWPA's staff over the next year to meet the January 2014 deadline. My staff and I commit to you that we will make ourselves available cranga for the numerous meetings and necessary document review events that will Plebe occur as part of the Remedial Plan. We also are available informally to answer Seem Ana pretreatment related questions to assist SAWPA in developing its new Seal Beach program. stanwn If you have any questions, please contact me or Mark Kawamoto at (714) 593- msw, 7450 and (714) 593-7424, respectively. ✓n Park Yorbe Linda maw Meaa ames E. Colston Benkaq Dhs Yct Environmental Compliance Manager Midway Ony BanrcaryOisnvc, JC:MHK:jb ana Hanc mdial h Y le vui,t H:bept%ngV90WanageALETTERS@0130124 Final SAWPA Ree Plan.dm Lbunty of Crange Enclosure r�;(((��� cc: Tom Gaworski �Q9 10844 Ellis Avenue • Fountain Valley.CA 9270E 7018 • 17141962 2411 wnw.msd.wm �Nw nrok REMEDIAL PLAN ISSUED TO SANTA ANA WATERSHED PROJECT AUTHORITY BY THE ORANGE COUNTY SANITATION DISTRICT This REMEDIAL PLAN is made by the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OCSD", to be effective the oLJ0 day of January 2013. WHEREAS, SANTA ANA WATERSHED PROJECT AUTHORITY, hereinafter referred to as "SAWPA", is the agency responsible for developing and implementing long-range plans and projects for managing, preserving, and protecting the quality of water supplies in the Santa Ana River Watershed that has discharged wastewater into the Santa Ana River Interceptor (SARI) line within OCSD's jurisdiction pursuant to the 1996 Wastewater Treatment and Disposal Agreement (1996 Agreement) and to the 1991 Memorandum of Understanding (1991 MOU) between SAWPA and OCSD; and WHEREAS, the 1991 MOU and the 1996 Agreement require SAWPA to meet certain quality criteria on wastewater strength and characteristics, as provided in OCSD's Wastewater Discharge Regulations, Ordinance No. OCSD-39 (Ordinance), or successor thereto, and certain program requirements, such as implementing a Pretreatment Program; and WHEREAS, in 2012 OCSD audited SAWPA and determined that SAWPA is not properly implementing its Pretreatment Program; and WHEREAS, SAWPA has indicated that it will require some time to address all the deficiencies identified in the audit. NOW, THEREFORE, SAWPA shall comply with the following: Page 1 of 6 Section 1: Schedule of Compliance. SAWPA shall take all steps necessary to address the audit findings in accordance with the following schedule (see also Attachment A): Criteria to Requirement Complete Compliance Date Requirement(*) 1) SAWPA shall provide a response for each Pass Gate-1 March 5, 2013 audit findin . Pass Gate-2 2) SAWPA shall submit a detailed plan, Pass Gate-3 June 28, 2013 including a transition plan, how SAWPA will Pass Gate-4 manage the Pretreatment Program excluding the Member Agencies. SAWPA shall establish sufficient Pretreatment Program oversight and provide a timeline and an initial organization chart for providing long-term staffing and consultants for ongoing and continuous management of the program. 3) SAWPA shall settle all agreement issues with Pass Gate-5 September 13, 2013 OCSD. Pass Gate-6 4) SAWPA shall settle all conflict of interest Pass Gate-7 September 13, 2013 issues. Pass Gate-8 5) SAWPA shall notify OCSD which Best Pass Gate-9 June 28, 2013 Management Practices (BMPs) it will implement. 6) SAWPA shall establish sufficient Pass Gate-10 September 30, 2013 Pretreatment Program oversight and provide Pass Gate-11 a timeline and a final organization chart for providing long-term staffing for ongoing and continuous management of the program. 7) SAWPA shall update its Pretreatment Policies Pass Gate-12 October 11, 2013 and Procedures. Pass Gate-13 8) SAWPA shall issue new or revised permits in Pass Gate-14 November 8, 2013 accordance with the updated Policies and Pass Gate-15 Procedures. SAWPA shall identify the problem permits and submit a separate timeline for resolving these permits. 9) SAWPA shall obtain compliance with the Pass Gate-16 November 30, 2013 Pretreatment Policies and Procedures. Pass Gate-17 10)SAWPA shall address data management Pass Gate-18 December 18, 2013 issues. Pass Gate-19 11) SAWPA shall be in full compliance with all Pass Gate-20 January 17, 2014 requirements. Pass Gate-21 Page 2 of 6 12) SAWPA shall conduct monthly progress Conduct all Monthly, third meetings. monthly progress Tuesday meetings 13) SAWPA shall submit Quarterly Progress Submit all 20 of the last Reports. Quarterly month of each Progress Reports quarter (') All aforementioned Gates are dedicated meetings that shall be conducted, managed, and implemented. These Gate meetings shall be for the duration of SAWPA's Pretreatment Program development and implementation under this Remedial Plan. See Attachment-A for more details. If SAWPA wishes to extend any compliance date or make a material change to the Remedial Plan, SAWPA's Commission shall submit to OCSD's General Manager a written request explaining the reason for the change and detail the explicit request for change in the Remedial Plan. The OCSD General Manager shall approve or disapprove any such request within 15 working days of receipt. Review and acceptance by OCSD of SAWPA materials shall not constitute any approval of or agreement by OCSD that the actions taken will result in compliance with the requirements. SAWPA shall remain solely responsible for achieving compliance. Section 2: Extraordinary Cost. SAWPA agrees to be responsible for payment of all reasonable costs incurred by OCSD for sampling, testing, administration, and enforcement procedures required during the term of this Remedial Plan that exceed the ordinary cost of routine sampling and inspection and/or any routine activities. Routine sampling and inspection shall be defined as sampling, inspection, and monitoring activities conducted by OCSD on or about those dates specified in Section 1 above, and once per month during the term of the Remedial Plan. Reasonable costs may include, but are not limited to, engineering, inspection, sampling, and legal costs that may be incurred to enforce the provisions of this Remedial Plan. Page 3 of 6 Section 3: Force Maieure. Whenever a day is set herein on which, or a period of time is set within which, SAWPA is required to do or complete any act, matter, or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which SAWPA is prevented from, or is unreasonably interfered with, the doing or completion of such act, matter, or thing because of strikes, lock-outs, embargoes, unavailability of labor or materials, wars, insurrections, rebellions, civil disorder, declaration of national emergencies, acts of God, or other causes beyond SAWPA's reasonable control (financial inability excepted); provided, however, nothing contained in this Section shall excuse SAWPA from the prompt payment of any sum required herein to be paid by SAWPA. Section 4: Waiver. The foregoing notwithstanding, nothing in this Remedial Plan shall affect SAWPA's obligation to comply with all other conditions and requirements of the 1991 MOU, the 1996 Agreement, and OCSD's Ordinance. Furthermore, nothing in this Remedial Plan shall affect OCSD's right to enforce all requirements and conditions of the 1991 MOU, the 1996 Agreement, and OCSD's Ordinance. Section 5: Confirmation of Pretreatment Program. Once all gates have been completed, SAWPA shall submit notification to OCSD in writing that SAWPA believes that it has attained full compliance with all the requirements. OCSD will perform an audit to confirm that the pretreatment program is meeting all of the expected requirements. Before releasing SAWPA from the Remedial Plan, SAWPA must resolve any outstanding audit items before certification of compliance can be made to the OCSD Board of Directors. Page 4 of 6 ORANGE COUNTY SANITATION DISTRICT Dated: By: Ofirnes D. Ruth General Manager Page 5 of 6 ATTACHMENT A — SAWPA Remedial Plan Life Cycle Requlmmentl Mquimmmt2 Requlmmmt3 MqulmmeMC Requlmment5 MqulmmeMli Requlremmt7 RequImmente Requimment9 Raquimmentl0 Requlmmmt ll Mqu1mment 12 Rpuimm•nt13 SAWPA SAWPA shall submit a detailed SAWPA SAWPA SAWPA SAWPA shall SAWPA SAWPA shall issue SAWPA SAWPA SAWPA SAWPA SAWPA shall plan, including a transition plan, shall settle shall settle shall notify establish sufficient shall new or revised shall shall shall be in shall shall provide a how SAWPA will manage the all all conflict OCSD Pretreatment update its permits in obtain address full conduct submit response Pretreatment Program excluding agreement of interest which Best Program oversight Pretreatment accordance with the compliance data compliance monthly Quarterly for each the Member Agencies. SAWPA issues with issues. Management and provide a Policies updated Policies with the management with all progress Progress audit shall establish sufficient OCSD. Practices timeline and a final and and Procedures. Pretreatment issues. requirements. meetings. Reports. finding. Pretreatment Program oversight (BMPs) it organization chart Procedures. SAWPA shall Policies and provide a timeline and an will for providing long- identify the problem and initial organization chart for implement. term staffing for permits and submit Procedures, providing long-term staffing and ongoing and a separate timeline consultants for ongoing and continuous for resolving these continuous management of the management of the permits. program. program. s e s R A 10% 90% 10% 10D% 10% 90% 10% 90% 10% 10% 9D% 10% 90% 10% 90% 10% 90% 10% 90% 50% 100% • All Gates are dedicated meetings that shall be conducted, managed, and implemented as detailed in the document entitled SAWPA Remedial Plan Gate Process previously issued by OCSD to SAWPA. The Gate meetings shall be for the duration of SAWPA's Pretreatment Program development and implementation under the Remedial Plan. • Each Gate is a milestone where SAWPA must address significant issues before the Requirement can continue. • At a Gate Review meeting, SAWPA conducts a formal project presentation to OCSD and other key stakeholders and gains OCSD's approval to go forward to the next gate. A successful Gate review provides SAWPA with OCSD's concurrence that the work performed to date is satisfactory, the risks are controlled, the scope is being addressed, the plans are sound, and the organization remains committed to the prescribed Requirements. • SAWPA conducts each Gate Review as a separate meeting. For each Gate meeting SAWPA shall state in advance that it is ready to proceed. Each Gate meeting should be planned by SAWPA 1 to 2 weeks in advance with all required material provided by SAWPA for review by the attendees in advance to allow participants to review such material. The Gate meeting agenda shall include a statement of the current(original)status that reminds attendees what the Requirement must accomplish. • Potential Gate outcomes are as follows: • The Requirement proceeds to the next gate, OR • The Requirement conditionally proceeds, and SAWPA must address some open items, OR • The Requirement is delayed or not met. In the event of this outcome, OCSD's General Manager will be notified, and further OCSD Board action may follow. Page 6 of 6 2013 SAWPA Remedial Plan Deliverable Expectations (Specific audit findings tied to specific actions, tasks, or work methods to identified pretreatment program deficiencies) SAWPA Rents lal Plan Recatmmentlatlons and OelNerables Lal xevl¢M SOTS OC-x7 .1.114hana. Finding pnuPrel x orvnMwrm sPmxim x arma ISSAID ,rxalla aa..atad¢kaamoao. ..x¢.mv,u PAna¢ad.mllMplannmm PA.II m...I mthllvmom,ZtI nl.ppI a rwry�.m.rat�ragami. APnn,`a. al.:..�n� a g.peala x .IT 1111m th,Ill and�DIIIna Ilf er pe't,.•tm..l�Ag;n all =a..a menx an, m.a1.m nA k.n ram. prnuam and wn,are dmlaad AD hatreal SAIWam. •tamng aM awreaaan-mnete It nnnmg de .11ama= a< < hat, Igmr...<aaan„mawaPm.m�IIfppann aI ma p.ra,n.....I mmat....e�P< naalara are5 Chartanall a.III a,III ant,th. a anleean maeryualn<I nr lmnHmg.mtn<mpaammna¢mnlon—At preve.tmn.^ng=nn x as .nPn 1pnaamaaa�aaar.amgsAwpA-aprlao-aadn<nt proa.am malaalrna<mnnrtammnlnae<waa l<aa n lln—At orerrearmem program re.pfral e.uwtnnim mown.a`agmarnaamrvanmamnlrelaro=a,mprareatmlang w=nre orn®amanawnnareamlaedw enable. reatmlaa am lmv.nm emlame annlanttlarn It a.sowva.Pmreammtpmg.mu.'Imm met,"'A., 2 IF w mm.pe lmmm.,aon<.w.,e..ean��n. r<w.arnn..a.nc=mn.p..9..qp o If mton.anT-mal<I....m,.'In pnemaanawnn11that ade hana wl. enable11 . wamrall pretrantment pagren reepnnablmla..gaermg.e.m SAWPAwamamll.aama^.rr,ta,that ma.tax.mmad and m a.A,IaI III Wxymxg ' t IF l'anal" aalmng.mu.-ampM1aalIt p.a.atmam"'a. ° entry all 19,111111, ate.m e<aaarea.m,wn,l.Invnla ffi6 Agreemm(SAIwPA an ad ban and peaaanA mew At reparemaM lI thou<,d ma z .x mmd�knre gg<®e.n mxarenryu,th,II lmn Ap«p atdanavwnlrenmrnmmrsaneat eg Mwment.11 .a reaaremanaem 111S<It to Jags Agnman _ .¢ amamre mram.ma. rn wr�a IF III arl same ra,AF zn.—Parat—A.,a,IAI.1.nntaF.-r al Mae w ocso,snwPAlI malEna A mda of re>rea Manematan amaumaMxtlona amnmmamma.zma¢mamatTnnm beprnneaamutinarepnnlnvmoao g g.io1 ma aaenlexarmranunparmnka aiaalwrgawmalgtt IF.all lnsxrawnarµ,bmvvrvnala nnlmm�n o600f IF. ApPalli w o['SD. ulrea.waw m ba arnplawm g<pare rant mlaat.a. III u WMW n an11 All aal mmpllanaa.ma.aAD ATn amPlan larall rantalvnrne perrearm 4nuarvnn nn aammlmrand-Pammantpmpam emnmbaltaa.s s ¢ A.-I SBVMWt,bmnoumpinaremlleaea bvssvmwoabvs®GEmaanmerMl4mpllvrrx.me nrylanoraak atmdinFallgorn®ama.o n.kssmdaaalnalutwmmaannvaamaartgarem<a:Flak naea�n pwakm W Parn1111 Iallea At III III nl.repatwv SAWIPA IF nw wngdelr Inaplan e...amenlaaumrau half mnt, I.s PA -AnSIM ar Sh 201a.naregvuy my,andna IAD at s .io owaarerclwngreonmtmmlgoAnnryudaueFAA reonnwaapreparee,uwPAbaea.um<dmnpwrµ nwlan rugemml.aavonnayand ornrceure.wwgmceamoletee in geaubeme alranal I-a,nah—had al nat an. Talk If inlInt,", ISIFFIF,I I I—pI I tall—1.11 If th. drlha—11I It..IF SAID ad sAa"A m aealmnar au noraataam omens tvpnn.lun Sa NV ggVMWU undannnp lt.nwn nrelren<eaM.— neeetnr ue mnrtMe 3 B➢ ETTh.adAt—.nthl ER—elle pmblemndwM1endelegaenn Nenbtamem atmkartbnnal agrnmal-th fall SAWPA I...rS.T,l.A'..prtniatmtam3pmg a I Uptm and alla. F'...a eaarv,W,d,,n.darn A,aahaAftjaaldlmalaam..am Pr arrena..am banal,sevmwo aM CCIAAD SAINPA,I aerw°l n. All _ a .e.o thannall,am o.aa�aaaa aemaemwo,wtsevmwom.lenatna Dan aalatnpnmtpnaMwaana�na..amwlminma ss aaaauaa. n'—wall and r,law,agreement k In Fa In F Awle aaremp Ane,md<m maMure SA IArvll rnaint At < if If lardy tint wla rea....m<ntl.bingmn.p z ae�vww athtrem�m.maw.mwale�.m 'w ce.. m.m<mp.m.tsawPA.r<akngwmlmmlarm.Im.bkwwm,,.m.alam..aaw ..m=amp<amamoaoaneaanx<mvp=rmmn<a"I" " aia III am nouppv me IDkle a<rryarem<aene=r III v AID, Dan:prearnam. aoAarye loth III mlawneonpnan baanhAnnerralat In In III I, amalr<nlnnPx.WOMonemmgnedln pana„rm awns ma ln.P�Pn a mammal.mr n. am hnle aaalPp and antaa A Pm<ae.ra u "'a ua mmaknawlm Inaµreanam.nano.tdtsawra.raakngman..retmtmrrnwm.l.naa�.tdaaawma be datawnmmkrl.naai.ahRaa l— a r s. SARI as nPtapp.....mul.Aq,.m amnad,,xGlm ex¢a th,Dal lgremrmc San,""uarlalcall barerlmmM III that Iqlalrant nMt ocsowrcw maialMmeelu.arra'Sta.. aars n Val S s mmdlan all—..It oscnarqum IS,a AnInt to It pond.mHl.a rewbeme .w Adp<rmlmena III narewAASJ WPPAwmalmnnammdmtnma nad"''9P n-n-mrnpx.wmmanreAn I'll em gamanaatarn Inda< 1019 SAWPA Real Plan Recommendations and OeINe2bles Law aevl¢M 201 .1all all mfw& ulgfmw umlwl 3 s.o waenpdnumaso asom,mhv�uaewneeumaa e�eweu[MwPaamxnaannanesoa IIIme,lur0mmonalagreememsparemuvo.e�nemgan re Door bmnemmloa ouawmgmarmodagen¢yupanry.anaoaolr naamreef film amngemenn semen as It a aana,elxaeagrcemen, thong omwnnawun 1991 Mw.0 3 as.0 ngslxeu zinc e,an as a e PhIllf.=pre.a.nalsnun¢b¢emamedm•n:apa,l=mV=Ip=eel andae nming repro,=men IIII P,mivaee Thl,is anpaircmant araw SPIP,I oltne 1.4a1 MOLL e1 It belt ,oregulatlymmmannate me a the endWMe.-Irca,pma I snowmgmma—W tneu anlemes lw can Irao-matltb la—bat sPwvp w add,Fv m P&pat Nd aflbabalfan.W "apkaanrxsrxeruuaralmnaonlune30.30ll.efledlue Auryst 15.303i.The JIVIIII -ns„alb-m an gxrlankn d'n`bai ek,mammel igt alit,III eamittaa xmelnmmm w m rvdwln avn amimnta and ERP w apam lb amimme to all I tmtit wiu babble au preaemnent p,wnm s .w. that n mayna nay,a n It mdmbaa atire preeem time,wn m 11 mmnabae ana ERP efkmvahmaar,that WMWo that a at,ire wmalbil enebailin.warkw 1 wmwew,mgeaw,emebt we m,I.,a 1 hul autM,wwayerue me l EMlbaired a,mrebmers. mmdiana wltn lam Mal. a VIMIgan hue rcpm Pat IInmlng xetamanlmm.g mu In ue oa w wWy all rmnlmarrg eaq lmuei m1bl-al am m bal 3 g' Mrcpenx.Thry 1,1"enmem unawse a,s.o.hue lsslMw, o.SAWPA nav,epanaery rcxnumae the rcpwu.wwk m x mmpiwee m Rtallm em nl _ sg atta - all Wreued s so all bNal—I." ,u ue na MW mmMlo amM re'It:=elme,m Iadi,"ml hersw u reponell wnplmrrx E,m In mwtht, puma t—nnwlaad annuelry mearylo a eeaWW napbin rt th,IIII aumomy fpertamea*at on aired.War,I.h unnpletedm aepuiremem pl mtt w, wfmmwmwowM PA,reta Wa dw&Ia Oavrr.ndrylmp,atiw,.pat .;tihlI. M ammurv.warnnv.xaml.aaaaalaaeaaaaauv 3 w. memo usfannemmm.XoreaamafanymntrdautnonnanaMlul aatawuu,¢mpliarrx M IXSnthelerel Mtle11 Palma WW m be emplwM in abalim con la.lanattlabdIII bat ud.,bta m aba l..nrcpem s go aba lytm l,dt.dn atatom I. ttI bbvnnwoamegw.erx th re rnuaamlba—.wlb mobmh.9aarcear.eemunn.I and I...lh .. va ,. o ie,o oath abaere a :.eaewe .om m r.r ua y:=,sore irca e m e.epvt rat n eduane bat ab kItba—II tetlln Pequlrememq amdaar.epaemvwP.tammambxwpa.b,d,,mxpemam,edlamlplwlre,ylt,d �t babnaaewp�ewof Lamptla[,repore y a rrrwcemInmwmh.pa „m,annaehmm�naeln l I.d ,aa da,Ibg that.uana.Ca—d tamwmbw„part,m1tvad lamlEgtmawlI., Pia TwmII lmlymml bat—I.uanaav VVI.Irea p..alloap�rpa,dm a aamre ae �dedllnth rcwR •rvbmltteawSAwPh anar.III era aeyeipp andimwem Palatal u fbIa I==whom.oab,bt,r.wmta omwmb 96 APe,m pA cem nth bey ,pwamare m ama m w,a„that aa...t III apadn toemlb,IIIthat were p—maly Band „thlat,adma.alb uw-1no�snwrn ma,t 3 s. t,bba,h,that were pr11 d...W wlnlb a6n,judminlan Thnx.,rya....bad.,1 [wb C5.lbls d th, , aaa,Iadmidl—S.PAlammdenq vra+m.Me.dlinwmamnullvkeephaaarge,minee,preapawcemed„nixm nat Ag,a...It. a mat m,III a,at p.me aav,jax,dman.bee,IWP&PwmmlwnWPdmVamxnamreme.It...g math. SAW PA wncMlrv@mwatat,that all the tatateat I.....babn-abaa b 9/Wan, F ma MO hm a It of omrtid d imadt watt that MMA wal rewly,a. Cnetklre latkla Vath YWPAabat ...ba,agebda Aa,ing mesanre aanubbt balEb—a—tal Camplabte W. mall,that p—balt pal OCSt abb.—an If 1111-tab—hVVI If— dl Th p G ridl-Ie IwPAmlMaral na . t denwnenCalfG Ebvlmbme.tal CpmpnanamclsaNnglnlasopatinasSAWPKs.WMWVs,psBVMWtls I< LLSdi w l.1l .. nulbm.AW It lsndtlw,Mwauannaswranteand puallrymnlmllsemuretlinrrvleMngpe,mnhdsM1edsana Imieu W/pcbpmuanddpeaiml�htt find rt flat permlC. sMau and final vml¢ ircmen abarbaalmO6o. .t.1be itemm completem It. PI SAVIP—PI.Val III &wFa,g tuuMm mtnexu SAWP a s.lWall thetaexhMmmmtl leyelm¢nxmt rapiantewltl rc[lamb by a.b awn mllewlan walmx.In fall axe,me fall MI—mt—It I ema,gnn Wwxo wthammtma MwPAla pmmde Wbmematlamaeoao that It.ul lvs.al.III eh SARI a&ma¢ax. vrmlly aemm—thawnve art V, anfilw IfrmaenlssuvP B 9/13/Yrll It allt MW&has ell neaunn galpnmt bad tainN,bM arralP AllMml nlnbaw �.I,/w Pwh�neeevanaad maireat l ESL 111, 1 part I Iepp d maan,Ial laareamam pwwam Mlml peat ma abalt s la ,a emha,e pmgnm nmdebmad aa,twn wflw,rel thatea,ymhN o-adrs.11 of axmar, m tldlWho labexhrcawl I.It m,aemar,appwyea wagnm.wend.tM EMwneamlbannal eµe.n m w ,ageataxa ra o afam,e me ad at to IE9t. s Rrawxelawm ar panaflu wl o•I,¢a. I I'd with thl,11lbbral ma .m„,t pat anal a s l .rx�brutvm,thambaalagmay.It..a..ote.mybre,eaatabyome.raaItty bthe,en aland attn abb.,mdyrne.III alb eredm,ea. mnn s epmppea with pe,mabena eaaew m p,oriae reaI- m,wEM e.Tnl, Rea nw,marla b,Imth s ecm ....a.bgw�IWIa babbyn mbat abba,nnred at wna, woe,al anal Mth whatInaandaa. ,reoal,m. edlrn rnabaah Vann...bamt.aal 2of9 SAWPA Rents lal Plan Recommendidons and Oellvefables Lal eevlaea 30130131 ablynkidially. all Agenn s A.Eo mPr nn ear eardex Ind!lneuvvy.mu nexM1artemlu All erepuirN. the,.Agem eoIII fusrManlnMmueiasuvm etl s inIM 0 allb,Ind the PIN1111111 IN111PIA, yl Ankm rvineve nn At Me I r . � r yenalea Ill All uuerintlMec Nnal blew bible deny kefmmildin 52wIAI prevevunenrt NAPII n Red eWM erepuirM,P ulI pprN—ba la wimpl...tthapnomiu....Ill....I noenea NMM CSD W v aevuion. r¢uar n 1.a need In,m.,,IRA I.IIIAnIRan g " ..m meth," R ing ana wl.—managememuf in Ideal nrlpn Inn de amp�snvrv.anreln,aeerrerr,.naa.,RdInkky.m inn ISMANm..a SSIMAD s wo me III ell-kninkin d IN e .e.° 11 .am ae ul.me adn¢wnnfth,ml.mue prnnaeman,.nen aeegaenn nfenwr¢ment m�i.realn...I agreemem.ln cSkmwo. Sercl¢All prn¢aweem pmgra Lyd-end 1111—PARRAl I .S0 mme :;"e,ble-Ift IN III Waemwo,W.eeVMWn,uxlg1I IN MH ml„unn earl,aw the welrca px,rx.luw ,a,am¢. d 11SPYlelaa�awniray.m.�Al lan�.=rc.11 All, Akeymcnle service Pre,prebeaEmn prMnm.upez¢end renrue AInd ma ve pnwrda ,.m. e.inane rin An e .eder III blynbettant ban.risk w.�><erc.o Ali er ire g s.omI Al So t,aaingma.nnw Ill oaan,IocSOl,nth aw,rt It xme amnememv III cc. It, .updae end relxwe ndw...ty IS nrl- aenmeaIn,wx,.ern,e.tale—In an,m.zmz m„tm,Apgn,us,Ron.me e A. A,Z AIR In „ane FIR Willell In,mm„mtea,Wmw emanwe nNIA,IncAnal nmlmn¢Ind sx nminonleI in ne and N w¢Reyt u,n u rwl NNIN II pnoeaonem enn, all al An Innent yeb,an nr wn,e ee,it, Ed, n Ir nr alet m,rs. . p.ee AI onhowthe g AS 'IS Wntne, l e ne.ne e p t wean meexe. F wa.¢,etce Ew .a can mrp..w n.nlce ea.ea.m. .naps...n.m.nm mwael.n. . AR detain, lh enalrera are lrermine,"Wen o.e agent. Wnm beby,A,wnlwwen xenmr.ment.s.x.qulremem 11,1 aldne n. SARP mwle aertmpm maapmp,..d .neynIll I prgnm mr ad pnmmeet.Innun end 1—de.Sy by an wmwnn sA.In exwen Dent..awl.a aual.memce.agexanm AS mn.usAXIaI,OorgersarepermlMel,nn,ulAuem. oanpP.S.S.n,*,Ne-able, Ngl 11,lrn—Ind ANN.1111. g Al. uava Ey.ma IIIJAdare w,anbmnsnr vmllq,l alanane Lnm u,w,xmN,marl . mr ey"I ma<an meu,n.al mn,arepmpenv nth rcaul., nleg.u.nnpwnwnnemexe.Aeempnmme pnR,lnanaplexea,rn.ulp¢n.ln lea.snwrA,roma sex perw�m ARS remenexnaeseamnx.e.nrme Sggimou. knellnen Wane SARI m enwre thetth I np ,elmm�rm.apnm nelnepdeema,aaenvsemrAnn„Lane SVMS SSARRIND Inented g & ¢nawo a ppeyrwnewnallee. npla,annm RawNII nwee permlm. ni<:Iim prnpaogmc p�wI1111'lliddlAl mm mewl e ben't Intel zIIIswlnWD ell-kept uap.regplxncac[nwmmmul CwMl, rcwd!them IN an vl �pggme t enaamema,n nlesana g e. ppyle bet ERIIIII—Plyineted,Ann .n,bad aenlpp tined,m.M N eeke and pn,ked—" Inaw lr¢mmeym ANSI...tm. ge>om,ell,n.gglwdeaeemw �.I.lwul.¢ inmwnmem,l mmIknebe m,name net a...II tl„n.seserwol tcemrmpran Enlrwenmr,emenc la=an enmreemenpamnl.lwmwowmnar.,nnc®c Enmwnmext.lmmplmnam,.mer.x.nvemt¢mem uwlA m.�ert.rcua,amnmlit¢e lxlnx¢am.nreng.nannonmm nmmrwmwb„lvnawrem.an pwrstmeelrealvwlnaire,tivas,never,meleeE.Pp,rtxt,Imeemt,ememA innia-Mmg anew mpnannng program nxpmwm unlessnenlmnxpeadenN—.¢name Pantie nmleadng eab mr antat g W a,nme nmuruetl lnxp¢aenb WMWnmu news purpeusw nmeanx.nrc mmpon¢samping.SAWIA rarcppn peeplmeeawrplm Rnppree Re,pverv.wmeempl¢enema,neolnnrma Rmanim.apncmnrw'...Win d'S' a .t.m¢¢ment—on,arc.nndetted .nice mxpeawn,arc.¢,a.aea.r(A),I Ina mm�n".n¢e krall rcmn bat ye, lnnmmrcemmtamm�lI,.nenvlcelabelnnedy. rcu paro.p NIkRnImpIymWsw enlind,RI IN dam nee,'SNA SON ellentl Red IN It And 3 Ann Mill...N! ww ml--n p¢nnn.em P.S.In rnpendeltn.v —dean mpnngrmp— ..benkwww¢ma Al I,mm..Rd 6 so wpeenrm xme rmelmpe.nnm,N ldlgl, wm hwn m Sfinipemnen are peel fe,end wueaea 1.m, . IAal l>.mIN,¢m¢.algm m 111ning elver¢nth they,Innealnp,rt.ero�mpeennn.a pa.lr +oo�pmmpwln.,a.e.mm,nlvm¢oln...,l¢pwremema.SAwpA,p ..next v me epeweee pmnnaa„alv...."a w wemmde Anne ath,I,mpR.y..peal¢I rolplanneev,mallap.aenr..m....wuv,..a...wur. ISemmb, ,eeeato ealm,awlw.wp.nnReppl¢mempf 3M8 SAWPA Remedial Plan Recommentlatlons and OeINerables Lat rsavl¢M 30130227 VeMall-thelde ll YFne,up—... WMWBmIIII—Anma almnmal Compllana Ill.w pMallam na...mort Wt ss9s°npge,me.memamagnlaewtl ryWPPwaammlauallpeveetempmgrem,aponsldlRu.mail O B wBc, fl. .t y are a m e nmdatapete pmw.ivreain .-Ill—dmmehmmmmmo naa— .M .ebaa mtnmdAdIWararepbeem anemnw,muwPn PaPingepmrem,mw]. ehot1 1111.U1SB WPpw ham"Ate,all peveetmem pmg...elponsldlmes.SPWPP a e e neeaw,ate,PPef—nalape...he...hawea,earmall—Pan , haaehh, . . en xlnplmB xm,woa ie.u�e end�>'<aa�a,eg�MW. wn ��e �. wax.aa ,mmee evMwo aeegmi ueercrcxpenabwt aeaanreap,eeeaemntp,mmm.�pa,tewarenmeaereemeaam mate,samgmgana impem..re mreme.aaremmreain Ls.B1. me Wue mwetlon.mereaalarm wn —IA1e mW e .W. rc p M1,Illrywdm rca,by Aa mo onq pniMp,tmtttryulrements II .. aJ GplvCmeOvanlnp.tLWM<ollenloo 5maonl dump—ama mxalU/ncp aam�nutereL 6vsnwpa upeaa a.I-emarehe,Afere—if If vemyln[ venHue Part Ittal Ella wf Nune krryr Allpri IH the Pat malnomeaana,abbrhaaa ppnaelf"me a., pm,an lmn,pe,ma.B.amemanpnm.gb, B 'W' nMrc anylM p,eavaeaaMmalmalrwabatleat ureeeears. mmd lanV iMwut ateralamaryea mumbeumplMam be"Ill 11 a.He umgv IfW a uewaxttwav elareld the III I awena arenas nnaanly. Him ee 1 tt Tev. 1Lw iml udme ahm aPH ne eN mxe fled n e nP.III,Par" Hrr erl It [ 'I'B e:vl atue demarge p hater m He alurvarp qmn he aff—Aeewue mss of al, etavee IMLi Pp stare gpntu eegtm memo ttealn B 5' nhalmma and amok an.inlelu ayvlrcmmt Pat Senn inmue la,Mou waremlulry Fry neap a Hem,to be mamea m P&P m erymemend] ee Ny4Cm]namn¢nt. Iflamaaatln df—traannm anaapmpnmehead W P,aveanat Wgam 9/WM3 ] B N,kaN af atnI Enwrame.—.IfW,.PP are nm alwP miI w BCSB.AaPPIssuea thelEW a mare 11 s. - mw,an aPpemaa w a dunen, the K EMP rmm PH,Pare Yaanah WIln.bm APPA aid nmlM PH BCSB .. ememxtlnn aXem.mmaemmtamnntn Pep,nweMmuamapmm�emo dhaa e At the 111 the aneaocsn snwPAP—d nlae wndnae m.ntaanvaXmmaPImi..la.a.a,maamemmm.,all Paliam, Ad� acePPA d I,pw,IBahat eeroiz aem the me Pttaa aN w awme A.Plihemnad kemw..vq a.m.mq rapenm ] .en rcpn,t wa,papaae,uwPnmx awned a pa uw Bw,arcalwnercpe,afmmlgBnenn�a eruenm imile a Pi heeW.adam Aglaa.me t ea rea.mea nt anamwn,A A,mamea then .Be.a. mwem mmgkn¢wIN Had e areemem IDemps,natSlWlParcUtlnebminlmlarMalmapkw+YewaartllxFargeLp dth"PitHaddhamewia"Pat Aw Fnllrrvlevall permlMove,Xy Me[]ntrepulremm[ISLelplmn.P P. ] ASaaf tneSPebrtnmapparcnt IDtlxarceuhememunet Ytllen C]elMe 1996 yrtemem u fld n l a ma, re°waWaan R,mlM1aewMSBanarewkeenypermv rx,eaery. pdrte WW Ill..e m emene MI rellem reeul,mim[ adhn ..,hH a&B PAPPAH e.taI[.mpllana.me apparemly hapett maMaalay one aI Per,n Halle,on p waaminlM ally iratm Aplasm relp,mah a,YWPPw mIIeR ] B beMX WSBVMNO,N.H—Paplm aremllmed P"PaI Vaa Plead 1-1-amid If,Amid-iaTk dw:in, samglrypr.Wamasp tape aslnaloteeln Me III sample hafereme.ls Nam maaln Pall tl lmgeme.t a Pm.ad., m "my that the rce.Ireme.-lrclnemat Prwlae mmpI'm Ith U9fa,tereememID all—that xm,mmeal a nm elxeMRed m the m ad th, ] 'SIA' SPb aol, PPa—IIDtla arcWlremema nee Ytlmn c x9 elm,t%L{reemen[ the Ilia-- .IA mmad-a annual lywantnerrepuewy Wxpetr eetaX-urnp l mmglan eak aEmal Had dryaMmo Bnorinp mq,,r...a. I,mpine Smile amplln& m and 1pea fie a.n puenn Parnll mvem etmaea ly plt ] AHS11 . f�r allpwmly—.NWPP mum aerawnn BCSB at Gain wren ptrvA@ul,Ilv a the befall M PH He fiml I...adammNl and at ImrnertpuYemengbnllpotnitaex.intlxartpulrcmmwMnSeNen IC eltne]931 MBLL the ben eNW III ayvlplyI hat. I the add Ifthefieol WA,NAPPIshati mmplea.n W ueae amM1lae,b aan all bed data. mmglen uppMia ILfmerepubmdmamawingselPnpnt.tingmty imhe InLud nmu9l mmm.nrymytvrcln y nerly awsgye ngssX m.nvaing data 1,Haamred qata] AS[t rly ad-,PH—P rrywrememumn smmn 5.1.of he 1991 MW. SPWPP Hat rery umea a Ilmmnlwnryden�INudi rteanues aainglAmname mmpl anarep.ma.m Enertana dm SBVrM a and,lre mp.mare A Pmlt msnwvn al mmuN.nuamevsemlannualaneannualN ] g ppea.mbeeeuvere Ba^aMlolmwhahwn 111tifer e1wHIIIw '^m e'ue,ue n-1.1ll-111a, m au wmIINAX the In W IPHAPPI�.e,aae rttheaomm.momyro1PA1Id If Wall-sevmwnad,10 aIm wbmlma m Awpn. u,m'm•+fa,mee Pvwmwo.n 9a�.a. aWg ShWPh Remedial Plan Recommendations and Oeleverables Last arevleee 201 he Neddem, 11 the nelnrwmaFpp.mppmhrepwLawmwmwowuwpnare.wpplaea mumnapwmntinelrspettipm.px nxiW,a mmeperm u III demplmnem eau le mdmrv.gvaany,xemlanm ld ad annuah I w. memo[mminm,memppm.np,.mreaapvronpdamnprnyawMLalamwv.rromplMna u ocsomelevelda mde. uamage nYmm�pl and recertx analyowl reeule If-I bere b[uwoom[ewurs SnWPPbreppnallmnplladelnrprma4p"pnmm,Ah.quaMtlYsemHnnwlana I .ea eve w. v�exw.am npare o,r.ewwe min mr.r.e wwwrepv��..., m erepw,. rsmmegnne nualhemreem.nnewlrea. D.h 1 mbe 6Ltl weer.depe mmp pmreevetl.11,ledv ate All M1gm 6LML rs" Me gweev rtv plane nformaeonon""th puaMM semwnnualantl A dell Ilhe--I .Arden.he LWVF 01d'� d e t ^41LIn "aaN ax S,ed,NWMWo;nbeavMWox Dr re0rt preheannem pan. axmIld urlmeen lemeNre been Idareu Afirri a epnelupm®Pher 1 os or m1a emplgmtldgmll berednM Prop =hbd tlelry amaegu.m level It reamni sN eA WI Dbed pantie pvmhrea tlxndtlear M1nwgualNaxwnnaantl quallrymnunllvwurtelmeuleMngpvmM1lamMavantl lee dread,and final perml¢, dremeral to MD m,IIIeem m be min leer in me r I—ed In y ID Di aimed,L own Lwxmltman,mlme.In EMwro,neemerwnmleemneanana ed Idamere,bi a the Ime, nmglan unarm. emm ma arNMmdeeelap- debt ww.am!orall p—the PplMn and Predeaures b an 1 s.o mrce N an ideal ehebarge amen ue be,semrox usury mix¢a eaty LFa pemer audit emde,At ell I pit me Nglll re end In eaebn d¢emb tl Ssun iGerxlSg]Mot 10.pUunknpw.tene, lms.ualae-he me Pollees lied Pmeede,will wu.m hem den—bite n meneme tint mere a,e n mmremendl.Puanmrwmaepnhe it ,betel S—A.mal ape Mpml al Ar Sime—De e relxxma tea I .a.a a oPfo� DIDI w I.her ep he 1..apaveea. a Imild.mp m,pe.o,ed I pant, X.XAp,pw IfdC mm,rawbmixel m wso. naa W III p .e . q rE.—Pr aesi plm.III te be.1W I e.E sp,,,opmnmlcomplmpw mt wad pwrememaw.nep.SEtlMwteIptl ,m ma"saP rdenmreremm. doe, w�.ao�,a.�e �.wro.IremwLn. uwsn to ae.elw an soy one pas m.me pmpa realew gHu here pe,mxmM ana x.d SsvMwo weaxgnarc teal,.me SOPIRP e,eaLm bvuWPn 1111 utle a reggemem m,I I E.dhime dappea.mbemm. Prx rmm.1ImIfim—rIre lapaperml¢. vrsana samhwlm grgge,wane pndmxwmtmlmocso. naamr , .e IA A,mole.herm a p.,m t eaddre, mPDp®em m 5EVMWtI,wea¢pnb,.I,three,are ppwxrmp nanmra mega hereamlpllaw.dl perry, p.lbahme,ale nor a ea madde I,1— tree,d nod AIA Ime. .hl.mnepeel ree hr tC me alder use¢em) It.III rah, ape ardnmprpg ana remeete,m Ma,e�oIS.01 Item ro be dd,dW ems.�"•IP�Drem,a,--me.I., pmlrrm a.aural A vnrs. �va�d..I.P.deaurn 1p Am--mel porrglm.PAIII m.m..P eo tI II�,dra IIu•mpl.,led m 7 la malgneped.pp. Nw.rerceAE-ede t,I Cppn,A,IeWe,fprmapMmOeF, permit 01 mu t ,em tht-piem m am " AreAre'IIIIIIit'd Pe ahplaea In,w m permrm,a, onpppa Pber red alerted b he p1,rdet me ppr � mP .ewi . ongnn.u . .ru e .na.mpaEv. mmmx the ftlemarth... at m p•anm tepaann.td mot elm tabil Ad the"Ahmpedpp pmeaprewpa I w.E ei,emyea, .�,t�rvaiw mtrlaal.mmeelmmm„wedemmmeem mmatHrmmmpme,memM regplrwpw¢be 'S° mamma mmmmaealm„ the All ou.m,.11 µre,mem eM rerylvby N mar 'I�wr�g,me in�lmneeaudoao AI m,mgawnr rcalwhhalpd.P<m,hm,am,lpapempp,mereaalamIII Nm+mm Pn111—IdP—d1m,m vedty m,min I A. riamwaanaaningbNneriMe.mewmworepro,malvepp.m,mR,remmmmndlmrto,ke¢da,br Feaam tlmd.menrce. Ideal ab pan .n rele Mxl/�[IgerOS,zmeEminlvu MevsPwlFmt Irrformarlm on MeomeolMehlpeerea alarmwMe4memnrFeretllyM1tsr detl(IasFlna.ILWX mh dellmade Rethn beent m ptlate Yd If helpmeet mnmenance.l ,ereving th hevumenitvvlewuldemell veety me warea tMpMveluelsoumfinemmglen Ie of6nroll0wnLX bere"mlt Dem2tba WMWplemen v quvmM 1.IIPwuLeFVWer4vtions hapelmneem-eran¢ufmmehladeulamponaudp meetvelrylpg gOrmev,M.z.N,d,w,Armt1-mmmade vdnhlmg mughAAAMPA1 a ed9IIm I enuee¢NomnmplIbelmm onolwmrvre e,mehrdleNo'nm4on vertvlNmecepphregmresmawMwowbmhaguareeevmpo�rth, mOO emxeee hvule.amen th,mm mgmtn mllml¢basin on me dlsbrpe..me I W. veetylq ..gertb- me.AN ..aeremrdswere pmrded mtMmdmealmrNon.part .as,mree tars. LWnmvd LbememM. bmFumgorinlend u,t4ammem" 5 3o1LFeper nrepulrnesmvt WpMWaolldaethe meerannuvllypMperml[Poe mt µetlfywhaMnhe mdena d d gram Idyl llmRelsehegers,gie 0 B WPPxrmmea be Planed athepnmet.anrafhew erer.<.Npvmpin NmewvrtewarerdWvrgedeLFemllenlm senonare ,�. den omx wgleeppy¢tlonsm lnqueeregulrWenen¢fornr,bmsempll Lrepompgolremlu beingmlleeN. LW Colletnon4elml eupaee n of ample rylnt IDe nmpkpolmonme mntemmnN wvnexemr¢nkaewlbee In me—'t IS Wm Peer Min the omge pw re�mat all permit Dry ulremem .-dIt IlofO[Sa's Ann Gmlrs Aoulrapplyhere.esltlnhe pmm of dlWvrge m mel EEL o e o mnk,na,nvly¢e sA I w. ,,,the dril All lead beat replea etleutsemhnnuallpameefe@nl Dry"ttum.mAya— wlllmlrtvdtlnnmsem vnnuvllymmeeme nit binNangepreiUpmmmPdmm rnwrearoFeampleaxalmina ornemoermh.ISlem Pluml It., iNe al reeuleoons. Ide'll eepresmpL IeewaonmefleeMPermhsm Xa. SMB SAWPA Remedial Plan Recommentlatlons and OeINerables andeavlved 301303-25 M1 A e.IDAP-nAAn✓tne-mnlmtPDFAiAAt,dW lssetlad—PaNdcerm AV OID oA—la wwm th pvmlRn{ w aeeIIIer elap v for yminlAI het lhdAdle P,types PAIR them PA themthey be .Wnabyce Wthpermmro,th, aR cendona,dMWimmeamenp,ml ,gpm,W....tell by Aw w Oa weea—II gv'Ann me III rer I ss edpw r®Feqump m mV mteepmoenbrpenmlpweenMnmelme o.lM1la lanatallarei lnuwPA'slxabnaoT.olwoaoslxaepn sa.uoklnam, SAAN.P.AdIPAPPIPI ro aA er4a;nawarel...toAaneare Ampmtenef—tneelem.AtA.—APAP re me as ,taw.Wne.the.,.l.dpmem lA adhered t.me pnllt I,.— ,mad be mueetea ba eet.re bed zawP waeaelapPel.bew hededPad..PnmmAtwmama.nmam All t aW.et A A. e.P hale{tram the lemea1A Lade aa..A�mlAlmm.atlmweepw,mmmalmethx,ageiue,warwmlen,aM ssA...the.-Alt.Ph N orde A.eena bleane[enemm�o red,the Whetall imlmt, nnPPAP nears wetem.AwvP he reds,III AtAW ell, amfe,and make the Al me.t—al II x ml deft— seeableA,AP.— ll,III y 'a' Pat f ar,—mformm the'Nezpida.1 themrage o.t wss the sample fee, Ahal —11.SAmost�a aI b Idbe l I X e m f A°u.eeyndenmplepeln¢lnlranpmeemvmae mmgln[pom¢w aearymare m e ll.Rebore PA-APAAAlHdA... I OPy v .L0 amdmg pomanwid be seamy worm and aewlptmm te be uua nrsme an permm AhA naveb e nth w..'A All mnmmmnme eased. .a.lRPslme re. LAI At l Ph neurry mabterlmenamnunuel nwey baabhb,mm�awmm'nu.,uApxlmaep e, p all)Ittthe that III mt the AATIAepu en we emammee at the alsserved air xetaaen anon(AP A) ry Olt u mtealwa P.dtm tin ed PIPE,,le Xry'PH Anlma wareml and m1I dense,{la A redm— adder xaam P III IDsl And. ulry y 5 d p All—be maaaee m1apm eryNrement pt nep4/pebtnemnnnt. I,III the IPPIAPPA be' -P—be lealle IPA the— the = tinN heP.—de.rren.•mA.meat the-pam�ble memb., gaebb Hal-ar,n the prmme.eaess.a w undeallp and lmplemeo aquera for 7 AS.t mz eatlryrn AptPAP,-dmr AAAIaddPAmorwpem¢ alley mplemerRe Wedulebperminer[walwhlmtaXeA lnAP—Aubll A.�. AarAA,<nA pA.m�t.mA.AlparerAa.ly rmaeaaxeoaoAaam.eata andela-dellkeendwea[nemeflaelva.aeAervmPmeelmebrerewalWmee.pxatmnam l.eadl.goao�aaea. ahAble, r vel.bpea.taW,a he APAI'lome ham All.,m Pam awe. are NplouymwexwaerAnatl®nmonztlnstmvglFztvm�vJe=.mpsnuavAwas mmuG meter Old beumi m al ded—Ad......last SAwPAtepmxae a..Ymm him hem.me AM Pe and AAPAt mvnprlabedm .0 Of.aaa s[aa poled a the muedlm awms t set D ave.Ad AAlw themparP aIf ew.PIP aIn purer w mtlmaey paten both the lgeta.a the wso.ete.ee.m 15AWVAP.heath PapaAaaee.mm,a.a weaw.Alee.uyl.alaar.aem> e.taelm. me meaaaa mea Halt Atepie meta,the a"III PeAmh man a me n mole lwmlm as weal A.Pon 0 " mt he""All aM SAWPAm 141l1 aefir. Ifssmhh.II msi.allpvmhA and relnae Ide.. W. MG the pe,mn aevabe me same Head—,4sNnge Relt A, 11 lemon 30.path eerynated PI led me.nm were.p&tea. Rnuue permas asneavurylAHeOmnmen<Xe. III m that II wbe IPA-ad,laaaanea l edepa a I bample lhHAMI(oa :rs Pal- a) ' Ems.me pemu¢mmlame....ef—d ,a,,,Imd Pdamin a¢e tat 11111 All 2 pith,pvmm All The Pe aR be t'p„xh U d and A Plant an— W .-I.-IPA a Nypc PPAP,a aeeaare r-Per a l ITSAAe A.'.It'by 'e' h."PPAI lA.nxa ie.tlle SevlaA) eampl...ded. 'atell AP.A.pe.,m rmlew byoao.m. m.p..ey w lealAAed he peraatlAg SAWRA wld develop andllgem weedare u mhwd mtabee mamwmem:yeem w PIAIl mmglan PSAaree ad nave.pebble—Aplane w......HAtt dampt[.anmpanty Pe lhneded,tlat were deledlly dd,l ea IDIA lAadleud IRepmrement ego.0 5. bhnllbeunatwwee p,nloaI Afedm¢m..,-Ahelm.0 regAre—et and rate-CAb 1.1 athe m 0PPYly-theden SPWPAIAepncde,a pmldetme atinrywnSwnullykeeptru'kpfpemarteeApArvloasq...leatmrvlmA Idd AhIA...It. .P th,,A A wetmn m me pema of All to a.Alae.m aaaren the repII e.mg m,m. 11 Imdem ew Plat—tore t0ntpm3 'A Adh abel g mthg1. wlm tggnitPee11.memPAtmtsnwrnarehE.pommlalw,eealaablevaaer ate,alaana,genom If thAma Pamawe.pam1magPmll to e s. n.Sul are I1PPamt.mnlA.b,PA d..At,Seethe C 1 qme thanvreemed ..w lee�.aPeA..aa.a I. ere[mremena wocso All reweIII pmmm aanarv.III PaP vaerymemlareplremm<lalel.[me.Prmlde .re mmdawltIPPIA[reemem m [bens aw is.ateisrM1ar[ea ea a.IMmb e 'S' Ida e=apP=r=At mlr lI A.A.Ahea= Al der fecle.C1[acne fl3g4reemme .I. the qu.— ClInda e 5't 1,1, At,L.mhmlan Pteme.11 WATY,eeq tM twx aaled-means Aa emegenq WPaese by muame SAWPA Remedial Plan Recommentlatlons and Oelfambles Lai ai vl¢M: 30130131 Flediag Selpil diald P,allanal Rant th,xamge pant e 'w' ymmenkaeralrnmaeev.merannm xuemknnuanv m meat t epupatetepdkk Thlsls larnar,III n lip nlm RI aampkpolrt Initialo"Me tarke n m ae PRPk- lrymewa . —a asPC al rm B 'a' tM auan Ie.—I.-.I Math,Peat He-,age hank III I nmpk m nat Bade.ille X—P) mpmg III"uneul1ate eeatly maMee m the4 swell.xevme prs a"d Pe—mat are —,Theeeaalmam If II sample ptat wu aeavlha aerl"e He mapaao"EpM parch,III I.Irbml Me ymge pamm "tletl udm p"noeeanepveeures. mlM fie,l afllaeet awrae knk at Hea ell.The Rant subnhat He sampling part,a math-le on he ea pealry ...I Hex a 0 earceat l....Inteaon dtWe,al,aM"dallsamplamamebybmMEUPa"e Mecerm,He Pldke PRICIIIII III ymping xF w eaM a sea M II n n h a. s ` Imnne wain RI ry pamrmasa aMe{eant amw PCIII,m In real...PH Ma nrapha, um„� =wrex,n a °tamm be x,uea °errant at aw Pat MiHhaibenrc..Ill n,p—at ealnre.wm,III w,III rensla"PC I..pfiry pal"twasmn Pied l"me an entlamrvole,gmmamm�mme a..I M12 quarterly rapon nam It m snw°nbm He hCh.rinwrm,e.n rams be Nate.xv-sl fe. TMwMwopmnitmanbemrren,eamma. aftemlPea in I III Read, WRINVII I-It uxbyunrg n.met.vlrc��neIIXsm�nnev�Il.:e:lnmme Eunanpeml e"bnmeallkrer�s anateanocsna no I l I w. zeH hart lwn an nklan at ragPlrea.nap.abvusEpn lnnnae sza nevewanpermuxwunmaxuran.amens am renueaxneaxurv. faidv vmat,k"eam hat Tro m40 ae des mliwm.Ih.ewnl�th I Red ad sns:1:Inertia oa"Ikr.an..Ie °",l amt el...prte.mi,nt•wnm,,mrno ems',"be II nPmreaan.nreab,bran ee) ud,teePlwd.a.,Hpmem.Pe ,maor Paa"a"h.P.n daaama"aaaaw"H"Paps ,I,hi.all.vn.�aMI .,olx�m°.ee.rn< ° e .L0 Pa rewmen at He d—h.en pamt...I He d�a.MnePunaeaeent m the deanlea a.H.—a"It.IaP-st a. ne Pa.t PH me dll,anepta.t n anation Hplate —teee.nMalw.rvea, ntm"aalt�e ReCtLeme.ter relxme.emuate eaaeemneealrememxa "Tapp ex. Emrs mararmeaame,ampnnylu.a.n:Rrmllrel,nmmea.mplela.abm asN.atmnWvin .amdlla e wm�the o.rm�e.wd,amea,m,wntmn,a vlamarae llmarinx...n upe�mnnl,nmaealpnmu nm.axwm era"m ampu t�.=� Pepermlau pia.oa.P that aae�bemad pearl,lmawa in lanew s m Ia.mple lke (De ere wxmm�l hake. . u�ssaeperminax"e�krvinnegalamatxe. a rcwaaampnnvlaregPlr,a lnl.nPaalaam In,bat Me cermH and nn apeafiuln It..that TM pe t man enpr.la,If-me wore apaale lnmad au al yer ve ha maa wole la.......nmaaue Pasta More eraIIIII1 lwmlMsam l n able Ma.m III tha=manaee. elm pima aen.ea a mb Pam me aa,"male.al a=m me wllatm in lean Ma"s mI"rka.l"Me CI kaeloba"a.=eua.Pare:000aa .«. n m nam ,"nlusPn ra.ramue I.,el"me.aa.e at....I.d In,,,PH—wt.m�.-t..a.a in... is)ml.a.,��IRP51 w� al, I kaan IalPRIPbemeno.at I-petmlo,a.eartarv. HRPH haws.Then""en.binsme.ame.la"pne.u"relaktl l.apnd.I.a,.In.nwrae,apn..p,e z.kMpe.marekraw TMpe Pn be„ormivRe ne.aae.mllreale. UwPAmlmpkmemaONOC poaoanmpm¢ame mrwkwaa pfsana.-at If e a. Iae 9,MnrmePnt.l..s,annnkzwmnat Mee helm xtmpHPr mreakenr ewac a.enmbeaaam mpe.mlm"e ar� .a.mepe.nlblrea—In euman,a.reaamaanae.p.nsl.arme p,rmlc xowenr,mepermne.,apnnnme erx rkmx,.RI uwp.w realew au permlepiaid aeew,aw nre,ma.PlMrrseema�a,mre wnn1ana eul�w,ae e .e aapMMnawetWai9elmmmelEEc l.nan Pnn.IMewanenre.ma.pMnlnawetWai9e.re wlme pW arr,ntlraaenlya.ed aenn.a permnp,aageawnere..L,aew.a m nrcmapermnaM anima b,n.ea.aEal " a m,ae. x. ols rcrey) IdAetini eaptm,ssme.mlarm w.learnaeon.all eamwlrylamlmalnall permvana nluaeparm.that ,mb.. mam abeE%MH I.maua wiaz. a.ad,a embe.15a wnueuem.e pmy.IMeapeamanmmalnMe.andare re¢ubtuoas.�Fere'qusea m.v uaez.emn,a IMav PC me pa—that me p pe"eee m He pema The Par.anlanew la retained wm 5a,t-Hel"me b"walme name betwee"amer IEUFmmtmnmm gpwpu.rtae.as pvmin In anat.Iaenanua."ax slI.5,,MCP parka. e 102maNard"I"Pe"a..ad a ake,am If the"It"at the nmdmgPer,al Ha.e,al...pM.apae.an He He pemm. neanla plan,III 115lu.ne me rntmbula uearrypemmxwMreanuptlakarv�rttl. ,nalsq.raemiM IE6L."a,v,"waurwa3va.an,.a.eeaMempk"Cmemffianomme =kam in. alHdIl pr.ea the p,.mew"ryI",o6aa.ppanmemnl Peat,dat.PPn at the e"e m ppe bailers aP it,in", I"aaw.H.. ,'—I aalm.,we aahe al aman..nem Retell-11"e la Iempnmm .ee uaom xMlp that ,a un�al�ud weanuses,emrq.ea..ama0caanT.tMpermemPnwiNl".a,ala"I IatpMepemHtaew n,nu e I wdnitmme w"tm�¢e.nn50nm.aP-sl..tinnsoarvabekremenmm,"nmemam.r."vanlPln.as aewat PH natia- �sem >_nlN�nrvt.n w realeweapermlemrparea.".ahr.tea snwpnmPPa.e."ereaap,a"y m"at w eP Wal",aa.I Ill eana"be Mato w.mre.firm l"yee P.P-I,m Me el q,'tvement eulHa Re...."apaakawrree. e.wawm nted HRtHeepn.mew me a°-5 anan wlmwt me III limeade at iM.mw"Painaa ", emptl m=P=tmmean an.a.aa.h.alllw.amM,w..ebyM,.e rem.y,eemw,lard " IZICI "r,",.q C. Pat e so uma"en�ltt.wre.tuen..a re,I.weam�trerernnvwras..me ramaaa memberaee"re.w.emIt" wralnnr,reme lraoml","n l.an permk.Irnre m m mmeaa. ,aaam la. III P't ren,PCH....re,the III i alma at III sknmllne Il l Pea— sea m the permlC. mel"Mma"enaamlt III.III h.aareaaee. Its(Imtnl. TPr9 SAWPA Real Plan Rewmmentlatlons and Oelfarables Lal rs¢vl¢M 30130227 thoollean.l. all rob lnt as)C .r hoof se mm¢had appmpmn(MI.Pal , lash,lz malo 11 ezttw wall 0wx mllmoamrm. m iM permit mart be mrrHee antl a hosed renew hal to race all permlb for deffeellealm lble ano. 5PWaah-now, B 'W' r era I",a asumplenotal 'hool'othoettool—so .oholI--x ToSPII nonhft llwxwmllextiw mrmnn^xa oww've eihe s W m amgla far bdeeln Plad,�rane all—I xmpeneee alms n Tell halm.,uemblyumpinetyw8 effbeelf-he tart pemelx.eevlewanpeal mn.lod and need to raw.n ralaewrebaw a--ea.III where e w, a awra m wxwa-or-Welt to at CFR 467,b.t a e-hathe wi iex ill.l-ted A theoil F-I ier Allooloof the I-rertma. a —o ar wi If o h.tool axw �=Ial I Ill Thorled-tee—dortfilato..1 ho-FIT-oh P,...tI RI to F—I He.'—1...t A la.bood allh.III.ff'..1..at be 5—to little to P fl,p—,an to-hd.p.por ppl to.If I e PWiffi am a wrcd loan,ramlanaw xe�-.e ae p--,all perms III sneer:doVere pearee web wew 1�IS. amlo ae: hoo e w, id2(dThe Ih latt Ill at dole m note na me ell a ere, the aercrRRl ed tlessebm inn?will 15 pp to nwex el permin for in ln,,,,y,am.,l and made,.,land per, ryx mry he old....man P1rdo I-1,a 1Aal-fillolml —lot me dl a crease emrvenm de b the hn)analno ld III RstbalanVarllf ew zz,Ire,howlembly In la, peal o t the repolremen — ad be Whoold aid nV,,rhea'of Ite fro mu wmmaay,amen,no maw es.pon, alho In the ad a anluminum nmltlwsnd lat11 the Ills,held In me n6Wtan of the I.-arM wash drwm Rrmda or an e 'w ato or me vano.e waa,zamslmolInd ISlena Plamimm lot p.W.08 eelivenble. not m M no uamwmr thear-h—xlem shod an alllf,do, m111 If the biasl M onothad"an non-hoolladed ralk to.Md e old e holliapulrM.WM aneAetl l4lnkmallmaI Peellfier perm,See a.to thall not the of on, nlalry aleI ells of anv new roodooll tend In I he had, 1111 permlme van slµ wtmla lvnm homely arced In the hall a the pvmlt In,rcaan ea n a,SVI UWlkP hpdan an ¢ of MSIV IPPef .e aM Romawhere an.pdu arum,. rn W lh,regmauaI,al Rea M try Wham II kit kmlpMee el me allry yen emot obleffe,lor-oled I'd re melnamme t The phoold wood ona,wd mh that me ndhI dented as aw 51 a(I To ll Runm rxloth Sat mad onedt the per to mn that Me.,III oz adlreraae. Ix offe lax an ad me to erne Mare sell an saga, mmaplea Mty antl the pale A.am Il l a ssupapof leeunntl anaa II am,Palle fed APR to,the lmmnw,a reek aM 6 .EO of.npmtnl la-,were food with tblx pens,mmpa Ilan, a Iud and wq.InM wnnSat Mew aoteldrmla eh,same lallty demaomae ahead errors I.the Wuwo Palle On pw ml mr. he cell ¢ curt Ire.are wah gel m.,u emrcl*rv,ny)hab wr „1," ,1n Pull ad.,eraae. od aem - d res lly dempamm ro wew p1 eed w h and ro'll were oed le al suanol ahallah.-th the h dead apnmes awe preredo. e prtwxew¢ 1mmbla.rewehn—pdated-t...r-oh—leaxa.daraae s s.o nry.ard,,pmne.rle,ane rcaminmme lxa rcadv no.lrcrenl. a„reeI ahad_and -tall—to-a wrot-lremewdeed p—In twaaralwre. --emny aempadret-rod eh-adalwld Pad-I martar muwmpinree vnonof, Nil m.0 eael pmredmeM Poll-antl aroadhree. ,rent emem dawbe d,whom,a e.mmade m that,chod,I - e ors SAWPA Real Plan Recommentlatlons and DelNe2bles Lad Revleee 201 mlmine dao mamaema, tmmaa mailed, main t.—am an E0 s0 an,wtznwenla Pllndngnnlmdamamingaavaamana nd,0 a.I wh,&ie maemiym ma pmematm.m�mmaiddeemabeta,mvd am ma mamgammtglnapeadr, mylam mpmaa.aid,,fdaimgau reimamry aamgimyux menu,ine.pa,mlNngaMaMwaemam.meryaemmpatalwmpa ndidd,mmanagaaualla aaa mmmm,mmamm .."'Im"ampmmmeM R.mmnlrymawealgntNag pma,pma,aaamamp,pgamaa III tee., ss6re,ea Ilaaeaaidaryrymtne.Whim. SIImm Oddid dd,dlIp ad I.M.—amaeaam u w mmq"antew In n e,damemem.L tl .W.a Pmaadd.In plaael,mearehe ad gaftopap ry tl - PFmuaorenu rcnm zM blind hYmP Id 0.5W bad hands mat were pmwary Ideal IXYnajunWMlm,Th"I u a rmplmmeal tl G IbLIdl er'n p.,mdeadd Preaprwbnryeem ela dad 1596 Pgreemen,. a t—oa Ae pe,mit nm.Crvebp P&P Iaeney Idea,Nar Nnmem,arm elan la aam ,,deem aft, trallem lemba,mamaament mMn ap dada al l nmpvad,ad aid dideadby I i dead af ddeadig em._mad, realmem ggram aaame> aoid—Ilddly deabratlam that d,de,deemameatmad,I,ape de If a, "'I. 'It me" man dam me mead ad,anan6eass u late, nallmgea than eal,meal am a lne amdlan at mmanv aamaemalm and n hm pbhlmagvnmmglaaawiman inald evwpuemetllal 0', 4n/Zou I, Iaidee UP tine m d&ivar is ahmt and any aiiaitied are neuasary m faMll Nm mgaiammb,SAW PA ran maG met ..mppn an Ile prop,¢,b OC30 P,a ai dada. unlessanmMmumalry bambari Odin III leidA A Beuuu pl Nawlume of uvMbhe wmpbkd,SAWPA muGdpwment and am., reppn In mldi ndamaddy ess Mpaalp0[SDpnthe EOhollne m ad declare We,beak. 2013 SAWPA Remedial Plan Communication Plan (Specimen of the communication plan used to govern interagency project communication. This document was updated over time as resource changed over time) SAWPA Remedial Plan Communication Plan OCSD ► SAWPA Document#: SRPGO1.0001 Effective2013-04-01 - . . . . _ . _ . . . . . . . . . .> . . . . . . . . .. . . ... .. . . . . . . . .. Last Revised:201B-0B-2T SharePoirit Extranet Replaces: 2013-02-28 Streamline Document transfers SMms RepaM o Slamf Repcm Centralized Project Documents awmme awmm z--� Ease of access With CCSD help Transfer and posting of submittals: --Dlree Unidentified Remedial Plan Items ®a Nick Kanetis Jim Colston Julian Sabd Tom Gamine Celeste Cantu Phil Anthony,Chair CookArihur Doc. j Mgml. 1 owea,e ° sr xa•2. Dead Nguyen Regina Paltanon Jim Herberg ° ou•Mwemve f a aYdnAMIRxYewa ® o U%ebe o upamN o WPoC(Sa• w21 : ° Dedeimf Dean Urger Pete Ytt ° $IeNe Repwle - c m°rr lafk(. o ISN Nda]) ° Asionm gxY ° InON10 51aNf flepaly rwrN.Nuns . seal flarWnnepMlm uActlanflNomwnaam Mike Zedek YrvrlNtnale ll Oavltl Ruhl . o•mwN Smmml am. n Ga.Ma•LL'ga o pegE••a Steering ° special wive, ............... . .............. ... . mp rag Committee ° Mmmly Naive Program 0 omnmry RNwls - - DariaS Cuint— Analysec OCSD o am,aMemyW Mike Marts,Dudek Mark Troy Edger,Chair - awamo o ° s analysis Prot Project .. . ...... ..... ... . .. .. . ........... ..... . . ... ... ... .. Mane Manager Gate Meeting/Adrninistration PNa N.fl.pR. 9er M ° pu•Non•NM. ° PrilreMmaM E-p-.e Sd1eM•MNemf alu m.pxe.» Lisa Ohlund.OhluM o eai.l S•Mry R•emi SAWPA submits documentslagendWattendees I vreek before meeting ° Penn°' ° seMq T.a MIe.FalMNma Meeting is for SAWPA presentatlordsubmiltal of documents Mgt.&Tech. °AWa Teaea Gale decision by OCSD conveyed to SAWPA SeMce9-Sub le Prim....PyxtlN Gale mewling is not a Workshop/technical discussion : Dudek ° n,ims-e a aepme See'SAWPA Remedial Plan Gale Process'for more detail o LI.M.w MusuwAgnGs, a apa.l.IMauea o N.AAW,I '• . . . .. .. . . . . . . . .. •• ••• . . . . . . . . . . . . . ... •. . . •' o Coominate Pretreatment Sue Walker DaMd Ruhl ° uixftwe Consultant ° cum..Tm.Ihul _ ° waryTMaNkhM Maatlna Sharon Custards, o SwyRaNNf ° flepon. SGE -Wes Bauer J External to the SAWPA Remedial Plan Process -- - Technical Exports Pretreatment Working Groue other Member Aaanelsa Gregg Murray Pretreatment Coordinators from EMWD Jayne Joy each involved Member Agency IEUA Pad Denham SBVMWD Craig Proctor WMWD OCWD LEGEND: By signing this Communication Plan, I agree to adhere to It to the extent within my control during the duration of the SAWPA Remedial Plan • Green: OCSD • Purple: OosD's consultant SAWPA OCSD • Blue: SAWPA ,a' • Orange: SAWPA consultants Approve: ?�a.•Ailsa N v VI-M. aQ s.- ,;S/s • Pink: SAWPA advisors Approve E Mark Kavnmolo,P.E.,Engineer/Project Manager Da NOTES: Rchard E. ar, .Mang ng.80ps.IProjed Manager DMe Agree: / 1 er/ 0o./j 1: All submittal reviews and acceptance are governed Agree: / 3.�g�3 Julian Spbri,P. •PMP,Engineer Supervisor by the Gate Process, which is approved by the OOSD ree' a Board. Celeste Manag ( Date Concur: 2: Qk1QC is required by the agency's Project Manager. SAWPA J' ors .,EnN ntel Compliance Manager ads Concur: . Or}-i/td nett ,P. d Dine of heading - _ - D le r Ni a ,�Concur: �in �0 0 l .HeA 19 P.E., nerlMang ate