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 ®. Corona p r groq� . ` >-
�� � !t .Jj;�.rl ad''Hy( 7o7 s
Santa Ana Mountains �Perrls � p /' v
® ° lusim eSan Jacinto
Westminster
Hemet San Jacinto'Mountains
:[ e� r ,• Q
Huntington Beach df C [ N Lake Y �
"' Diamond Valle
�:N F_ISIn012O T � � r ENV1 rvin eRONMcNTAL
/ !ONewport Beach" 1 je Lake Elsinore Y r� v /�
�� 4 J�
Pacific Ocean ;�� c
♦ j Santa Anent Proghetl Authority Project
Pre[rea[mentProgram Complian<e audio
N Santa Ana Watershed Boundary
w /jj e �I� \ Santa Ana River Watershed
�Vp Location Map
5 Isiod.c.., sa N Fla wrLe�
Mlles \1 W2422-01T
nw a�a e.re,waioren.a
��� 1 LOcalion Map.PP�
0 4.5 9 18 Dina ni
PlprojeclMstandard_maps\Watershed_1_A.mxd SW-1150 Oa0ber22,2dINS
PEMG PM
NS NS
SOURCE:
en
0 ewer �a�d Santa Ana Regional Interceptor (SARI) Line . - Santa Ana watershed
Desalion Sari Line(Reach) O' a Project Authority
Connections I — and Connections
O Brine
a Commercial III •� -
Colton
CDrnercial/Domestic IV 2f — - V = m O
nr O • /
Domestic 01%k#IVA
O Tmck Damp - San Bernardino County
^IIv6 / me / <. 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