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Home My WebLink About03-27-2015 Steering Committee Agenda Packet- Special meeting.pdf Orange County Sanitation District 10844 Ellis Avenue,Fountain Valley,CA 92706 Anaheim 7149622411 www.oeeewers com Brea Buena Park Cypress March 19, 2015 Fountain Valley Fullerton Garden Grove Huntington Beach Nne La Hatins NOTICE OF SPECIAL MEETING La Palma Los Alarnims Newport Beach STEERING COMMITTEE Change ORANGE COUNTY SANITATION DISTRICT Placentia SealBeach SPECIAL MEETING—9:30 A.M. Stanton Tustin El Friday, March 27, 2015 Villa Park County of0range Administration Building costs Mesa 10844 Ellis Avenue Sand•ry District Fountain Valley, California 92708 Santary DistrictIrvine nch " Water Yor '- Linda Water ierict The SPECIAL Meeting of the Steering Committee of the Orange County Sanitation District will be held at the above location, date and time. To protect public health and the environment by providing effective wastewater collection, treatment,and recycling. STEERING COMMITTEE AND BOARD MEETING DATES April 22, 2015 May 27, 2015 June 24, 2015 July 22, 2015 August 26, 2015 September 23, 2015 October 28, 2015 November 18, 2015** December 16, 2015** January 27, 2016 February 24, 2016 March 23, 2016 **Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: March 27, 2015 Meeting Time: 9:30 a.m. Committee Members Tom Beamish, Board Chair.................................................... John Nielsen, Board Vice Chair............................................... John Withers, Administration Committee Chair........................... Greg Sebourn, Operations Committee Chair.............................. Keith Curry, Member-At-Large................................................ Steve Jones, Member-At-Large............................................. David Shawver, Member-At-Large........................................... Others Katherine Jenson, Special Counsel....................................... Staff Bob Ghirelli, Assistant General Manager................................. _ Kelly A. Lore, Acting Clerk of the Board................................. Other Staff Present Orange County Sanitation District Friday, March 27, 2015 SPECIAL Meeting of the 9:30 AM Steering Committee Administration Building Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 " (714) 593-7433 AGENDA DECLARATION OF QUORUM: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. NON-CONSENT ITEMS: 1. KLEAN WATERS APPEAL HEARING Steering Committee to hear the appeal of the December 11, 2014 decision of the Sanitation District's General Manager James D. Herberg, imposing: 1) a revocation of Industrial Wastewater Discharge Permit No. 52-1-841, and 2) an administrative civil penalty in the amount of$1,190,000. ADJOURNMENT: The next regular Steering Committee meeting, Wednesday, April 22, 2015, at 5:00 p.m. 03/27/15 Steering Committee SPECIAL Meeting Agenda Page 1 of 2 Acommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's once at (714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Postina: In accordance with the requirements of California Government Cade Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting, items must be submitted to the Clerk of the Board 14 days before the meeting. Kelly A. Lore Acting Clerk of the Board (714)593-7433 klore0ocsd.com For any questions on the agenda,Committee members may contact staff at: General Manager Jim Herberg (714)593-7110 iherbsro/alocsd.com Assistant General Manager Bob Ghirelli 714 593-7400 r hirelli ocsd.00m 03/27/15 Steering Committee SPECIAL Meeting Agenda Page 2 of 2 STEERING COMMITTEE - SPECIAL MEETING Neeeng Date To ad.of Dir. 03,27,15 -- AGENDA REPORTItem Number Item Number Orange County Sanitation District FROM: Robert P. Ghirelli, Assistant General Manager SUBJECT: KLEAN WATERS APPEAL HEARING ASSISTANT GENERAL MANAGER'S RECOMMENDATION Steering Committee to hear the appeal of the December 11, 2014 decision of the Sanitation District's General Manager James D. Herberg, imposing: 1) a revocation of Industrial Wastewater Discharge Permit No. 52-1-841, and 2) an administrative civil penalty in the amount of$1,190,000. SUMMARY Katherine Jenson of Rutan & Tucker, LLP, has been hired by the District to serve as an independent legal advisor to the Steering Committee for purposes of the hearing. Melissa Thorme, of Downey Brand, has been hired by the District to serve as prosecutor representing the District for purposes of the hearing. The law firm of Tucker Ellis LLP will be representing Klean Waters. As a reminder, the Procedures for the Hearing are as follows: • A quorum of the Steering Committee must be present in order to proceed with the hearing. Only the Committee Members who attend the hearing will be able to act on the matter. • The Committee decides the matter "de novo." This means that no deference is given to the prior decision and the Committee has the flexibility to modify all or any part of the findings. However, this does not mean that the hearing is a complete "do over." It means that the Committee will exercise its independent judgment in determining the issue presented, based upon the evidence previously submitted, as supplemented at the hearing. The basis for either party to supplement the evidence is described below. • A time limit of a maximum of two (2) hours per side was established. The prosecution will proceed first. Klean Waters will then have an opportunity to provide its defense. The prosecution will then close. • The Committee has been provided with an electronic copy of all of the filings and evidence that has been submitted to date in this matter, including the transcript from the prior hearing, and the supplemental briefs filed by both parties on March 17. In addition, staff has prepared notebooks with the briefs and reference documents, including Ordinance No OCSD-39. If either party wishes to submit additional evidence, that party will need to set forth a justification as to why the evidence was not originally submitted to the hearing officer. The Steering Committee can decide whether or not to hear this Page 1 of 2 evidence. • There will be no witnesses. The matter will heard based upon argument of counsel and the written documents and evidence presented. • A decision by the Steering Committee will be made within 65 days of hearing. After the presentations, the Committee may commence deliberation or set another date to reconvene in order to deliberate. It is anticipated that the Steering Committee will reconvene at a later date to render its final decision. ATTACHMENT: The following attachment(s)am included in hard copy with the complete agenda package: • Consolidated Supplemental Briefs (Attached separately) Page 2 of 2