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HomeMy WebLinkAbout04-24-2019 Board Meeting Agenda Packet Orange County Sanitation District Wednesday, April 24, 2019 Regular Meeting of the s, 6:00 P.M. BOARD OF DIRECTORS Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA CALL TO ORDER (Board Chairman David Shawver) INVOCATION AND PLEDGE OF ALLEGIANCE (Doug Chaffee, Board of Supervisors) ROLL CALL (Clerk of the Board) DECLARATION OF QUORUM (Clerk of the Board) PUBLIC COMMENTS: If you wish to address the Board of Directors on any item, please complete a Speaker's Form (located at the table outside of the Board Room) and submit it to the Clerk of the Board or notify the Clerk of the Board the item number on which you wish to speak. Speakers will be recognized by the Chairperson and are requested to limit comments to three minutes. SPECIAL PRESENTATIONS: Employee Service Awards REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters ofgeneml interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and willbe enacted, by the Board of Directors,after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1. APPROVAL OF MINUTES (Clerk of the Board) RECOMMENDATION: Approve the minutes of the Regular Meeting of the Board of Directors held on March 27, 2019. 04/24/2019 OCSD Boad of Directors'Agenda Page 1 of 6 RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the Board Chair. 2. COMMITTEE MINUTES (Clerk of the Board) RECOMMENDATION: Receive and file the approved minutes of the following committees: A. Steering Committee Meeting of February 27, 2019 B. Operations Committee Meeting of March 6, 2019 C. La PA Committee Meeting of March 11, 2019 D. Administration Committee Meeting of March 13, 2019 E. Steering Committee Special Meeting of March 18, 2019 F. GWRS Steering Committee Meeting of January 14, 2019 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O19 (Lorenzo Tyner) RECOMMENDATION: Receive and file the report of the Investment Transactions for the month of March 2019. OPERATIONS COMMITTEE: 4. PLANT NOS. 1 AND 2 CENTRAL GENERATION ENGINE OVERHAULS (Rob Thompson) RECOMMENDATION: Authorize the General Manager to commence negotiations with identified firms for the overhaul of two central generation engines located at Plant No. 1 and Plant No. 2 Central Generation Facilities. 5. 65-75 TON AIT CRANE REPLACEMENT (Rob Thompson) RECOMMENDATION: A. Approve a Purchase Order to Western Pacific Crane & Equipment for the purchase of a 70-ton rough terrain crane using Sourcewell (formerly National Joint Powers Alliance) Cooperative Contract #032515-GUS, for a total amount not to exceed $679,413; and B. Approve a contingency of$33,971 (5%) to accommodate for fluctuations in pricing/freight costs. 6. SITE ACCESS AND LICENSE AGREEMENT—2899 MENDOZA DRIVE, COSTA MESA (Rob Thompson) RECOMMENDATION: Approve a Site Access and License agreement with Costa Mesa Sanitary District (CMSD)and the City of Costa Mesa, to allow mobilization of an odor control chemical dosing station and injection of chemicals into the Baker- 04/24/2019 OCSD Board of Directors'Agenda Page 2 of 6 Main Interceptor at 2899 Mendoza Drive in the city of Costa Mesa, in a form approved by General Counsel. ADMINISTRATION COMMITTEE: Two Ordinances approved for introduction and moved to Non-Consent. LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: 7. LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2O19 (Rebecca Long) RECOMMENDATION: Receive and file the Legislative Affairs Update for the month of March 2019. 8. PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2O19 (Jennifer Cabral) RECOMMENDATION: Receive and file the Public Affairs Update for the month of March 2019. STEERING COMMITTEE: 9. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 (Kathy Millea) RECOMMENDATION: A. Adopt Resolution No. OCSD 19-03 entitled, "A Resolution of the Board of Directors of Orange Sanitation District Amending the Proposition 84 Integrated Regional Water Management Program 2015 Implementation Grant Funding Contract for Newhope-Placentia Trunk Sewer Replacement Project 2-72, and Repealing Resolution No. OCSD 16-20"; and B. Approve Amendment No. 1 to the Contract between the Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA) to allow the Newhope-Placentia Trunk Replacement, Project No. 2-72, to receive Proposition 84 related grant funds up to $1,000,000. NON-CONSENT: 10. PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS, ORDINANCE NO. OCSD-53 (Lorenzo Tyner) RECOMMENDATION: A. Introduce Ordinance No. OCSD-53, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District Amending Wastewater Discharge Regulations; and repealing Ordinance No. OCSD-48" for first reading at the April 24, 2019 Board meeting; 04/24/2019 OCSD goad of Directors'Agenda Page 3 of 6 B. Motion to read Ordinance No. OCSD-53 by title only and waive reading of said entire Ordinance on April 24, 2019; C. Set May 22, 2019, as the date for the second reading and adoption of Ordinance No. OCSD-53; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. 11. PROPOSED ORDINANCE NO. OCSD-54 AMENDING SECTION 2.06 OF ARTICLE ll, TABLE A, TABLE B, AND TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING CAPITAL FACILITY CAPACITY CHARGES (Lorenzo Tyner) RECOMMENDATION: A. Introduce Ordinance No. OCSD-54 entitled: "An Ordinance of the Board of Directors of Orange County Sanitation Amending Section 2.06 of Article II Table A, Table B, and Table C of Ordinance No. OCSD-50 Concerning Capital Facility Capacity Charges'; B. Motion to read Ordinance No. OCSD-54 by title only and waive reading of said entire ordinance on April 24, 2019; C. Set May 22, 2019, as the date for the second reading and adoption of the Ordinance No. OCSD-54; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. INFORMATION ITEMS: None. AB 1234 DISCLOSURE REPORTS: This item allows Board members to provide a brief oral report regarding the disclosure of outside committees, conferences, training, seminars, etc. attended at the Agency's expense, per Government Code§53232.3(d). 04/24/2019 OCSD goad of Directors'Agenda Page 4 of 6 CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,pending or potentiallitigation,or personnel matters,pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a)purchase and sale of real property, (b) matters of pending or potential litigation; (c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) CONFER WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Laura Kalty, Liebert Cassidy Whitmore; James Herberg; Lorenzo Tyner; and Celia Chandler. Employee Organizations: 3 International Union of Operating Engineers, Local 501; Orange County Employees Association; and the Supervisors and Professionals Group. RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Board members may request staff to place an item on a future agenda. ADJOURNMENT: Adjourn the meeting until the Regular Meeting of the Board of Directors on May 22, 2019 at 6:00 p.m. 04/24/2019 OCSD goad of Directors'Agenda Page 5 of 6 Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at (714)593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue,Fountain Valley,California,and on the Sanitation District's website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all,or a majority of the Board of Directors,are available for public inspection in the office of the Clerk of the Board. Agenda Description: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, items must be submitted in writing to the Clerk of the Board 14 days before the meeting. Kelly A.Lore,MMC Clerk of the Board (714)593-7433 kloreAocsd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbergaocsd.cem Assistant General Manager Lorenzo Tyner (714)593-7550 ItynerGDocsd.cem Assistant General Manager Rob Thompson (714)593-7310 nhomoson(cilocsd.com Director of Human Resources Celia Chandler (714)593-7202 cchandler0ocsd.com Director of Engineering Kathy Millea (714)593-7365 kmilleaCdocsd.com Director of Environmental Services VACANT 04/24/2019 OCSD Board of Directors'Agenda Page 6 of 6 ITEM NO. 1 Orange County Sanitation District MINUTES BOARD MEETING March 27, 2019 O NS AHI Tgr�Oy � 9 O y 9°r � p •A�2~ �cr�N H ENV`�p� Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 03/27/2019 Minutes of Board Meeting Page 1 of 8 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chairman David Shawver on March 27, 2019 at 6:00 p.m. in the Administration Building. Director Phil Hawkins delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X David Shawver, Chair Carol Warren X Brad Avery Joy Brenner X Allan Bernstein Chuck Puckett X Robert Collacott Chad Zimmerman X Sandra Massa-Lavitt Schelly Sustarsic X James M. Ferryman Bob Ooten X Phil Hawkins Brooke Jones X Steven Jones John O'Neill X Peter Kim Marshall Goodman X Lucille Kring Denise Barnes X Andrew Nguyen Al Krippner X Mark Murphy Kim Nichols X Richard Murphy Dean Grose X Steve Nagel Patrick Harper X Glenn Parker Steven Vargas X Erik Peterson Mike Posey VACANT X Cecilia Iglesias X Tim Shaw Tom Beamish X Jesus J. Silva Jan Flory X Fred Smith Sunny Park X Doug Chaffee Michelle Steel VACANT X Anthony Kuo A Chad Wanks Ward Smith X John Withers Douglas Reinhart X Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources; Kathy Millea, Director of Engineering; Kelly Lore, Clerk of the Board; Stephanie Barron; Bob Bell; Rod Collins; Don Cutler; Jacob Dalgoff; Thys DeVries; Mike Dorman; Natasha Dubrovski;Al Garcia; Steve Howard; Larry Johnson; Tina Knapp; Rebecca Long; Laura Maravilla; Jeff Mohr; Riaz Moinuddin; Andrew Nau; Wally Ritchie; Victor Salinas; Jim Spears; Thomas Vu and Paula Zeller. 0M7/2019 Minutes of Boats Meeting Page 2 of 8 OTHERS PRESENT: Brad Hogin (General Counsel); Laura Kalty, Liebert Cassidy Whitmore(Special Counsel); Kay Zeller; Alternate Director Bob Ooten (CMSD); and Austin Mejia, Supervisor Chaffee's office. PUBLIC COMMENTS: None. SPECIAL PRESENTATIONS: Director of Operations and Maintenance — Rob Thompson presented 30-year employee service awards to Paula Zeller, Senior Plant Operator— Division 840; and Victor Salinas, Lead Electrical Tech — Division 870. CONSENT CALENDAR: Item heard out of order. 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Special Meeting of the Board of Directors held on February 20, 2019 and the Regular Meeting of the Board of Directors held on February 27, 2019. AYES: Avery; Bernstein; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: Chaffee and Kring ABSENT: Wanks REPORTS Chair Shawver announced that Director Donald Wagner was sworn in today as Orange County Supervisor and would therefore no longer be able to serve as the appointed member from the city of Irvine. Chair Shawver announced the following Committee appointments: Tim Shaw (La Habra) Steering Committee (At-Large Member) Erik Peterson (H.B.) Legislative & Public Affairs Committee Jesus Silva (Fullerton) GWRS Steering Committee (Alternate) Chair Shawver stated that he intends to keep the Board apprised of OCSD's public outreach and legislative efforts by providing this information in various ways beginning with the inclusion of the Legislative and Public Affairs Committee monthly reports as a receive and file item included in the Board meeting packets. He also stated that proposed positions on newly introduced bills will be introduced and discussed at the upcoming Legislative and Public Affairs Committee. 03/27/2019 Minutes of Boats Meeting Page 3 of B Chair Shawver also stated that he has requested staff incorporate information and major decision points regarding OCSD's future building in the General Manager's monthly report. Chair Shawver reminded the Board Members that April 1 is the last day to file an Annual Statement of Economic Interests - Form 700. General Manager Jim Herberg notified the Directors of a recent CAL OSHA Process Safety Management inspection and subsequent minor violations which were remedied the same day. He also reminded everyone of two save the dates: Honor Walk May 22 at 4:00 p.m. and OCSD's 651h Anniversary & Open House July 27 9:00 a.m:12:00 p.m. Mr. Herberg also recognized recent awards received from the California Water Environment Association who named April Frost - Operator of the Year; and the Plant No. 2 Neighborhood Outreach Program - Community Engagement and Outreach Project of the Year. RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the Board Chair. 2. COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following committees: A. Steering Committee Meeting of January 23, 2019 B. Operations Committee Meeting of February 6, 2019 C. La PA Committee Meeting of February 11, 2019 D. Administration Committee Meeting of February 13, 2019 E. Headquarters Committee Ad Hoc Meeting of March 4, 2019 3. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2019 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of February 2019. OPERATIONS COMMITTEE: Committee Chair Collacott stated that late communication, received after the publication of the agenda, was provided by the Clerk of the Board regarding Item No. 4 and Item No. 5 with additional modifications to Item No. 5 reducing the cost not to exceed $868,286 with fringe, overhead, and profit factors as originally proposed; and approve a contingency of$86,828 (10%). Item No. 4 was pulled and heard separately. 4. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117 (Kathy Millea) Assistant General Manager Rob Thompson responded to a question regarding the procurement process. 03/27/2019 Minutes of Board Meeting Page 4 of 8 MOVED. SECONDED, AND DULY CARRIED TO: A. Approve a Professional Services Agreement with Schweitzer Engineering Laboratories Inc. (SEL) to provide final design, programming, testing, commissioning, and training for a load-shedding system and electrical power system protective relays for Ocean Outfall System Rehabilitation, Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-117B, for a total amount not to exceed $1,096,074; and B. Approve a contingency of$109,607 (10%). AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: Wanke 5. ACTIVE FAULT LOCATION STUDY AT PLANT NO. 2, PROJECT NO. PS17-03 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a Professional Services Agreement with Lettis Consultants International, Inc. to provide engineering services for the Active Fault Location Study at Plant No. 2, Project No. PS17-03, for an amount not to exceed $868,286 with fringe, overhead, and profit factors as originally proposed; and B. Approve a contingency of$86,828 (10%). AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias(Alternate); Jones; Kim; Kring; Kuo(Alternate); Massa- Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: Wanks 6. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: A. Receive and file Bid Tabulation and Recommendation for MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C; B. Award a Construction Contract to MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C, for a total amount not to exceed $469,000; and 03/27/2019 Minutes of Boats Meeting Page 5 of 8 C. Approve a contingency of$46,900 (10%). AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: Wanks 7. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve a budget increase of$36,000,000 for Headworks Rehabilitation and Expansion at Plant No.1, Project No. P1-105, for a total budget amount of $406,000,000; and B. Approve a contingency increase of $5,083,398 (29%) to the Professional Design Services Agreement with Carollo Engineers for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, for a total contingency amount of$8,939,398 (51%). AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: Wanks ADMINISTRATION COMMITTEE: 8. INDUSTRIAL HYGIENE SERVICES (Celia Chandler) MOVED, SECONDED, AND DULY CARRIED TO: Approve a Professional Services Agreement for Arcadis U.S., Inc. to provide Industrial Hygiene Services, Specification No. 5-2018-1008, for a total amount not to exceed $500,000 for a one-year period beginning May 1, 2019 through April 30, 2020, with four (4) one- year renewal options. AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None 0 312 712 01 9 Minutes of Boats Meeting Page 6 of 8 ABSTENTIONS: None ABSENT: Wanke LEGISLATIVE & PUBLIC AFFAIRS COMMITTEE: None. STEERING COMMITTEE: 9. ORANGE COUNTY SANITATION DISTRICTIORANGE COUNTY WATER DISTRICT JOINT AGREEMENT FOR GWRS FINAL EXPANSION (Kathy Millea) Director of Engineering Kathy Millea and Mr. Herberg responded to questions regarding the grant funding appropriations. MOVED. SECONDED, AND DULY CARRIED TO: Approve the Second Amendment to the Second Amended and Restated Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project between Orange County Sanitation District and Orange County Water District, in a form approved by General Counsel. AYES: Avery; Bernstein; Chaffee; Collacott; Ferryman; Hawkins; Iglesias (Alternate); Jones; Kim; Kring; Kuo (Alternate); Massa-Lavitt; M Murphy; R. Murphy; Nagel; Nguyen; Parker; Peterson; Shaw; Shawver; Silva; F. Smith; Withers and Yarc NOES: None ABSTENTIONS: None ABSENT: Wanks NON-CONSENT: General Counsel Brad Hogin announced that Supplemental Item No. 10 will be deferred until after Closed Session. 10. SALE OF DOIG DRIVE PROPERTY (Lorenzo Tyner) MOVED, SECONDED, AND DULY CARRIED TO: Consider sale of the Doig Drive property in light of additional negotiations. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(2), 54957.6 & 54956.5: The Board convened in closed session at 6:33 p.m. to discuss four items. Item No. CS-2 was not heard. Confidential minutes of the Closed Session have been prepared in 03/27/2019 Minutes of Boats Meeting Page 7 of B accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 7:23 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. Mr. Hogin announced that Supplemental Item No. 10 was pulled from consideration. AB 1234 DISCLOSURE REPORTS: Director Ferryman invited everyone to attend the OCCOG General Assembly at the Disney Grand California Hotel on April 12 from 8:00 am to 4:00 pm. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: At 7:27 p.m. Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors on April 24, 2019 at 6:00 p.m. in memory of Rosemary Phillips, sister of Director Lucille Kring. Submitted by: Kelly A. Lore, MIMIC Clerk of the Board 0&27/2019 Minutes of Boats Meeting Page 8 of 8 ITEM NO. 2 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, February 27, 2019 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, February 27, 2019 at 5:00 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: David Shawver, Board Chair Jim Herberg, General Manager John Withers, Board Vice-Chair Rob Thompson, Assistant General Robert Collacott, Operations Committee Manager Chair Lorenzo Tyner, Assistant General Peter Kim, LaPA Committee Chair Manager Glenn Parker, Member-At-Large Celia Chandler, Director of Human Chad Wanke, Administration Committee Resources Chair Kathy Millea, Director of Engineering Kelly Lore, Clerk of the Board COMMITTEE MEMBERS ABSENT: Janine Aguilar Donald P. Wagner, Member-At-Large Stephanie Barron Jennifer Cabral Thys DeVries Mike Dorman Al Garcia Tina Knapp Laura Maravilla Andrew Nau Adam Nazaroff Tyler Ramirez Wally Ritchie Chris Stacklin OTHERS PRESENT: Brad Hogin, General Counsel Laura Kalty, Liebert Cassidy Whitmore, Special Counsel PUBLIC COMMENTS: No public comments were provided. 02/27/2019 Steering committee Minutes Page 1 of 4 REPORTS: Chair Shawver did not provide a report. General Manager Herberg introduced Kathy Millea and announced that she was recently appointed as the Director of Engineering. Mr. Herberg also updated the Committee that staff and OCSD lobbyist, Townsend Public Affairs, are tracking the newly proposed SB 332 (Hertzberg) Local Water Reliability Act which proposes to mandate the minimum amount of wastewater recycled. Mr. Herberg stated that information will be brought to the Legislative and Public Affairs Committee. Mr. Herberg reported that OCSD's Deferred Compensation consultant had just informed OCSD that there has been a data breach. Assistant General Manager Lorenzo Tyner added that this breach could affect up to 1,000 OCSD employees, retirees, and Board Members that participate in the Deferred Compensation plan. He described that the breach involves two groups, one who manages the funds and another third-party consultant that reviews that work and provides unsolicited advice. He stated that in the normal course of business they will exchange information. Mr. Tyner went on to report that in this case, the third-party consultant made an information request; the main provider sent the information over a secured lock box, but the information contained was more than what was requested. The third-party consultant pulled the information from the lock box onto their machine, which was subsequently hacked and all the information in that person's inbox was downloaded. This breach included information from the Sanitation District's participants, which included social security numbers, dates of birth, and names. He stated that staff is working with the third-party and primary consultant, and legal counsel, and should have more information in the next few days. Mr. Tyner responded to questions and concerns from the Committee regarding: enhancements in the protection of information, indemnification, possible legal action,and data breach insurance policies. Mr. Tyner verified that Voya Financial was the primary consultant being referenced and further stated that we have the list of the identified participants and additional information will be sent out as soon as possible. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO:. Approve Minutes of the Regular Meeting of the Steering Committee held January 23, 2019. AYES: Kim, Parker, Shawver, Wanks and Withers NOES: None ABSTENTIONS: Collacott ABSENT: Wagner 0V271201 9 Steering Committee Minutes Page 2 of 4 NON-CONSENT ITEMS 2. PROPOSED ANNEXATION NO. OCSD-65 - LOS ALISOS AREAS 1 AND 2 ANNEXATION (Rob Thompson) Assistant General Manager Rob Thompson provided a brief presentation on the Annexation and responded to a question regarding the LAFCO application fee, which he stated was being paid by Irvine Ranch Water District. MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Authorize staff to annex 968.2 acres to Orange County Sanitation District in the Los Alisos Areas 1 and 2, within the City of Lake Forest; B. Authorize the General Manager to execute associated annexation documents in a form approved by General Counsel; and C. Adopt Resolution No. OCSD 19-XX entitled, "A Resolution of the Board of Directors of the Orange County Sanitation District authorizing initiation of proceedings and requesting the Orange County Local Agency Formation Commission to take proceedings for the annexation to the Orange County Sanitation District, of territory in Portola Hills and Baker Ranch per the May 8, 2017 Agreement with Irvine Ranch Water District, (Proposed Annexation No. OCSD-65 - Los Alisos Areas 1 and 2 Annexation); and repealing Resolution No. OCSD 18-10". AYES: Collacott, Kim, Parker, Shawver, Wanks and Withers NOES: None ABSTENTIONS: None ABSENT: Wagner INFORMATION ITEMS: Chair Shawver stated that at Staffs recommendation, Item No. 3 will not be heard. 2. G.A.1-11FORNIA VOLUNTARY PROTECTION PROGRAM (GA0112112) SteeFingGasnmittee that have implemented safety and health PF9gFaFAs that eftetiyely IgPei and CLOSED SESSION 02/27/2019 Steering Committee Minutes Page 3 of 4 CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8 & 54957.6: The Board convened in closed session at 5:12 p.m. to discuss two items. General Counsel Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 6:04 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 6:05 p.m. to the next Steering Committee meeting to be held on Wednesday, March 27, 2019 at 5:00 p.m. Sub itted by: r Kell A. re, MMC Cle k of CP Board 02/27/2019 Steering committee Minutes Page 4 of 4 MINUTES OF THE OPERATIONS COMMITTEE Orange County Sanitation District Wednesday, March 6, 2019, 5:00 p.m. A meeting of the Operations Committee was called to order by Committee Chair Robert Collacott on Wednesday, March 6, 2019 at 5:00 p.m. in the Administration Building. Alternate Director Joy Brenner led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Robert Collacott, Chair Jim Herberg, General Manager Mariellen Yarc, Vice-Chair Rob Thompson, Assistant General Manager Tom Beamish (Alternate) Lorenzo Tyner, Assistant General Manager Allan Bernstein Celia Chandler, Director of Human Resources Joy Brenner(Alternate) Kathy Millea, Director of Engineering Phil Hawkins Kelly Lore, Clerk of the Board Lucille Kring Bob Bell Sandra Massa-Lavitt John Bradley Jesus J. Silva Jennifer Cabral Fred Smith Jacob Dalgoff Dave Shawver, Board Chair Mike Dorman Michelle Steel (Alternate) Natasha Dubrovski John Withers, Board Vice-Chair Dean Fisher Alfredo Garcia COMMITTEE MEMBERS ABSENT: Jeff Mohr Steve Jones Riaz Moinuddin Adam Nazaroff Nasrin Nasrollahi Victoria Pilko Thomas Vu Eros Yong OTHERS PRESENT: Brad Hogin, General Counsel Bob Doter, Alternate Director(CMSD) Walid Karam, Carollo Juan Loera, Carollo PUBLIC COMMENTS: None. REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. 03/060019 Operations Committee Minutes Page 1 of 5 REPORT OF COMMITTEE CHAIR: Chair Collacott reminded the Committee that the deadline for filing the Annual Statement of Economic Interest Form 700 is April 1, 2019. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Special meeting of the Operations Committee held on February 6, 2019. AYES: Beamish (Alternate), Bernstein, Brenner (Alternate), Collacott, Hawkins, Kring, Massa-Lavitt, Shawver, F. Smith, Steel (Alternate), Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: S. Jones and Silva 2. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117 (Kathy Millea) MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Schweitzer Engineering Laboratories (SEL) to provide final design, programming, testing, commissioning, and training for a load-shedding system and electrical power system protective relays for Ocean Outfall System Rehabilitation, Project No. J-117, Outfall Low Flow Pump Station, Contract No. J-117B, for a total amount not to exceed $1,100,000; and B. Approve a contingency of$110.000 (10%). AYES: Beamish (Alternate), Bernstein, Brenner (Alternate), Collacott, Hawkins, Kring, Massa-Lavitt, Shawver, F. Smith, Steel (Alternate), Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: S. Jones and Silva 3. ACTIVE FAULT LOCATION STUDY AT PLANT NO. 2, PROJECT NO. PS17-03 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a Professional Services Agreement with Lettis Consultants International, Inc. to provide engineering services for the Active Fault 03/062019 Operations Committee Minutes Page 2 of 5 Location Study at Plant No. 2, Project No. PS17-03, for an amount not to exceed $882,430; and B. Approve a contingency of$88,243 (10%). AYES: Beamish (Alternate), Bernstein, Brenner (Alternate), Collacott, Hawkins, Kring, Massa-Lavitt, Shawver, F. Smith, Steel (Alternate), Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: S. Jones and Silva 4. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Kathy Millea) MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Receive and file Bid Tabulation and Recommendation for MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C; B. Award a Construction Contract to MMC, Inc. for Safety Improvements Program: NFPA 820 Improvements at Plant 1 and Plant 2, Contract No. J-126C, for a total amount not to exceed $469,000; and C. Approve a contingency of$46,900 (10%). AYES: Beamish (Alternate), Bernstein, Brenner (Alternate), Collacott, Hawkins, Kring, Massa-Lavitt, Shawver, F. Smith, Steel (Alternate), Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: S. Jones and Silva Director Silva arrived at the meeting at 5.05 p.m. NON-CONSENT: 5. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105 (Kathy Millea) Director of Engineering Kathy Millea provided an informative PowerPoint presentation and responded to concerns and questions from the Committee regarding: availability of funds within the CIP budget, no rate increases, reallocation of funds from other projects, providing a better scope of work, reviewing change orders, change order rates of 5.14% since 2008, use of reserves for this project, and accelerated grit removal. Mr. Herberg stated that to clarify these questions, additional information will be added to the agenda report prior to the presentation to the Board of Directors. ONM22019 Operations CommRlee Minutes Page 3 of 5 MOVED. SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve a budget increase of $36,000,000 for Headworks Rehabilitation and Expansion at Plant No.1, Project No. P1-105, for a total budget amount of$406,000,000; and B. Approve a contingency increase of $5,083,398 (29%) to the Professional Design Services Agreement with Carollo Engineers for the Headworks Rehabilitation and Expansion at Plant No. 1, Project No. P1-105, for a total contingency amount of$8,939,398 (51%). AYES: Beamish (Alternate), Bernstein, Brenner (Alternate), Collacott, Hawkins, Kring, Massa-Lavitt, Shawver, Silva, F. Smith, Steel (Alternate), Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: S. Jones INFORMATION ITEMS: 6. ORANGE COUNTY SANITATION DISTRICT OPERATIONS & MAINTENANCE DEPARTMENT PRESENTATION (Rob Thompson) Assistant General Manager Rob Thompson introduced Chief Plant Operator Jon Bradley who provided a PowerPoint presentation regarding the wastewater treatment process and responded to questions regarding the solids recovery phase and the odors emitted at biosolids application sites. Alternate Director Steel and Director Hawkins departed the meeting at 5:40 p.m. Alternate Director Brenner departed the meeting at 5:55 p.m. 7. HEADQUARTERS COMPLEX AD HOC COMMITTEE UPDATE (Rob Thompson) Mr. Thompson informed the Committee that the Headquarter Complex Ad Hoc Committee met on Monday, March 4. He stated that the Committee endorsed staffs recommendation to utilize the existing staff augmentation contract with Jacobs Engineering to provide third party engineering design support and construction management services, as needed. Mr. Thompson reported that the Committee was shown the schematic design and was given a virtual walk-through of the building, which received generally positive feedback. He stated that he updated the Committee on the budget status of the project and the future recommendation to break the project into three standalone projects: South Security of Plant No. 1, Laboratory Refurbishment, and construction of the new Headquarter Complex, and the budget changes will be presented with the upcoming budget updates in May. The building is expected to 03106=9 Operations Committee Minutes Page 4 of 5 have a current construction cost of $64M with an expected total project cost of $168M. Chair Shawver stated that he had appointed Director Kring as Chair of this Ad Hoc Committee and Director Peterson as Vice-Chair, and that the Board of Directors will be informed of the continual progress of the design and construction. The Committee members in attendance commended staff and HDR Architects for the very informative meeting. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT Chair Collacott declared the meeting adjourned at 6:05 p.m. to the meeting to be held on Wednesday, April 3, 2019 at 5:00 p.m. Sub itted by, ell%A. I re, MMC Clerk of t e Board 03/06/2019 Operations committee Minutes Page 5 of 5 MINUTES OF THE LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Orange County Sanitation District Monday, March 11, 2019 at 12:00 p.m. A meeting of the Legislative and Public Affairs Committee was called to order by Committee Chair Peter Kim on Monday, March 11, 2019 at 12:00 p.m. in the Administration Building of the Orange County Sanitation District. Chair Kim led the pledge of allegiance. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Peter Kim, Chair Jim Herberg, General Manager Allan Bernstein, Vice-Chair Lorenzo Tyner, Assistant General Manager David Shawver, Board Chair Celia Chandler, Director of Human Resources John Withers, Board Vice-Chair Kathy Millea, Director of Engineering Tina Knapp, Deputy Clerk of the Board COMMITTEE MEMBERS ABSENT: Jennifer Cabral Lucille Kring, Member-At-Large Tanya Chong Donald P. Wagner, Member-At-Large Daisy Covarrubias Chad Wanke, Member-At-Large Lisa Haney Rebecca Long Thomas Vu OTHERS PRESENT: Brad Hogin, General Counsel Eric Sapirstein, ENS Resources (via teleconference) Eric O'Donnell, Townsend Public Affairs (TPA) PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chair Kim reminded the Committee to file their Annual Statement of Economic Interests — Form 700 no later than April 1, 2019 and to contact the Clerk of the Board's office should you have any questions or concerns. REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. 0 3/1 112 01 9 Legislative and Public Affairs Coesnigee Minutes Page 1 of 4 CONSENT CALENDAR: 1 , APPROVAL OF MINUTES (Clerk of the Board) MOVED. SECONDED. and DULY CARRIED TO: Approve minutes for the Committee meeting held on February 11, 2019. AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Kring, Wagner and Wanks 2. SUPPORT ASSEMBLY BILL 510 (COOLEY) — LOCAL GOVERNMENT RECORDS: DESTRUCTION OF RECORDS (Jennifer Cabral) MOVED. SECONDED. and DULY CARRIED TO: Approve the letter of support for Assembly Bill 510 — Local government records: destruction of records (Cooley). AYES: Bernstein, Kim, Shawver and Withers NOES: None ABSTENTIONS: None ABSENT: Kring, Wagner and Wanke NON-CONSENT: None. INFORMATION ITEMS: Chair Kim reordered the items so that Item 4, Legislative Affairs Update, was heard first, followed by Item 3 and then Item 5. 4. LEGISLATIVE AFFAIRS UPDATE (Rebecca Long) Senior Public Affairs Specialist Rebecca Long introduced Eric O'Donnell with TPA who provided a PowerPoint presentation reviewing the following: the legislative schedule; an update on the Water Tax; a counter proposal to the Water Tax; and 2019 legislation, including SB 332 (Hertzberg) declaring ocean outfalls as waste and unreasonable and AB 292 (Quirk) clarifying the terms/definitions used for recycled water. Board Chair Shawver expressed interest in exploring selling GWRS bottled water as a response to SB 669 (Caballero),which pertains to assisting community water systems in disadvantaged communities that are chronically noncompliant. Board Vice-Chair Withers expressed concern with the water tax, which generates revenue with no spending plan. 03/1 t/2019 Legislative and Public Affalm Committee Minutes Page 2 of 4 In response to a discussion by the Committee, Jennifer Cabral, Public Affairs Supervisor, indicated that staff is analyzing SB 332 and reviewing the positions other agencies are taking. Staff anticipates bringing the matter back to the Committee next month with a recommended position. Mr. O'Donnell also indicated that Assembly Member Connie Petrie Norris will tour OCSD on Friday, March 15 at 2:00pm and plans for an advocacy trip to Sacramento this Spring are being made. Eric Sapirstein, ENS Resources, provided a PowerPoint presentation and updated the Committee on the following items: the House infrastructure hearings have begun, with a focus on transportation and wastewater needs focusing on current programs; the Senate infrastructure debate is pending, with support of water infrastructure gaining support; Andrew Wheeler was approved as the head of the U.S. Environmental Protection Agency and David Bernardt's nomination to the Department of the Interior is pending; a review of legislative proposals regarding infrastructure, H.R. 1162 (Napolitano/Rouda, Lowenthal, Cisneros, Levin) concerning the Water Recycling Investment and Improvement Act, H.R. 1497 (Defazlo/Napolitano), a bill to Reauthorize Clean Water State Revolving Fund, and H.R. 1417 (Lawrence/Rouda), Water Affordability, Transparency, Equity and Reliability; an update on Buy America; H.R. 535 (Dingell) concerning a Polyfluoroalkyl Substances (PFAS) Action Plan; an update on S. RES 59/H.RES 109 (Ocasio-Cortez/Lowenthal, Levin and Markey/Harris) regarding the Green New Deal; the Fiscal Year 2020 budget request; and regulatory and budget initiatives. Board Chair Shawver indicated that subsidies offered in the Buy America program should be encouraged and Mr. Sapirstein indicated he will work with staff to review. 5. PUBLIC AFFAIRS UPDATE (Jennifer Cabral) Ms. Cabral reviewed outreach efforts made and meetings attended over the last month and reviewed items currently being worked on: the No Wipes in the Pipes campaign and Honor Walk nominations. Ms. Cabral reminded the Committee of the Honor Walk ceremony on May 22 prior to the Steering Committee meeting. Ms. Cabral reviewed the awards recently received by OCSD. Ms. Cabral also indicated that the ACC-OC forum and tour went very well and that OCSD has established a partnership with UC Irvine for the American Academy of Environmental Engineers and Scientists. Board Chair Shawver indicated that partnerships with junior colleges to promote careers in wastewater should also be considered. 3. 65TH ANNIVERSARY OPEN HOUSE (Jennifer Cabral) Ms. Cabral shared the arrangements being made for the 65th Anniversary Open House being held on Saturday. July 27 from 9:00am-12:00pm. Contact will be 0311112019 Legislative and Public Affair;Commidee Minutes Page 3 of 4 made with all member agencies for participation opportunities and outreach efforts. Board Vice-Chair Withers inquired as to the possibility of having the event sponsored by agencies with whom OCSD does business. General Counsel Brad Hogin indicated that he does not see, on the surface, any legal issues with this. Ms. Cabral indicated that, historically, OCSD has opted not to engage in this type of activity given possible perception and logistical constraints. Board Chair Shawver indicated the importance of engaging a younger audience at the Open House. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: Board Chair Shawver expressed interest in appointing alternates to the Legislative and Public Affairs Committee, and other Committees, to serve in the absence of appointed Board Members. Board Chair Shawver also expressed an interest in ensuring that the full Board is updated on activities of this Committee, specifically legislative items. Several suggestions were made, and staff indicated theywill reviewthe matterand return to the Committee with suggestions. ADJOURNMENT: Committee Chair Kim declared the meeting adjourned at 12:58 p.m. to the next Legislative and Public Affairs Committee meeting, Monday, April 8, 2019 at 3:30 p.m. Submitted by: � y� T (vKJle—v �/. �" Tina Knapp, CMC Deputy Clerk of the Board ON112018 Legislative and Public One,Committee Minutes Page 4014 MINUTES OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, March 13, 2019 at 5:00 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was called to order by Committee Chairman Wanks on March 13, 2019 at 5:01 p.m. in the Administration Building of the Orange County Sanitation District. Chairman Wanke led the Flag Salute. A quorum was declared present as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Chad Wanke, Chairman Jim Herberg, General Manager Richard Murphy, Vice-Chairman Lorenzo Tyner, Assistant General Manager James Ferryman Celia Chandler, Director of Human Resources Cecilia Iglesias (Alternate) Kathy Millea, Director of Engineering Peter Kim Tina Knapp, Deputy Clerk of the Board Mark Murphy Jon Bradley Steve Nagel Jennifer Cabral Andrew Nguyen Rod Collins Glenn Parker Damein Frabizio Erik Peterson Al Garcia David Shawver, Board Chairman Laura Maravilla John Withers, Board Vice-Chairman Riaz Moinuddin Wally Ritchie COMMITTEE MEMBERS ABSENT: Thomas Vu Donald P. Wagner OTHERS PRESENT: Brad Hogin, General Counsel PUBLIC COMMENTS: None. REPORTS: General Manager Jim Herberg did not provide a report; however, requested that Item No. 2 be pulled from the Consent Calendar to allow staff to provide a brief presentation. Committee Chair Wanks reminded the Committee to file their Annual Statement of Economic Interests— Form 700 no later than April 1, 2019 and to contact the Clerk of the Board's office should they have any questions or concerns. 03/13/2019 Administration Committee Minutes Page 1 of 4 CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the February 13, 2019 Administration Committee Meeting. AYES: Kim, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: Ferryman, Iglesias (Alternate), M. Murphy and Wagner Alternate Director Cecilia Iglesias arrived at the meeting at 5:03 p.m. Director Jim Ferryman arrived at the meeting at 5:07 p.m. Item No. 2 was pulled from the Consent Calendar for separate consideration and vote. 2. INDUSTRIAL HYGIENE SERVICES (Celia Chandler) Director of Human Resources Celia Chandler provided a brief oral presentation on this item. Ms. Chandler and Safety and Health Supervisor Rod Collins answered speck questions related to costs and qualifications of the selected consultant, Arcadis U.S., Inc., from Director Parker. MOVED, SECONDED. AND DULY CARRIED TO: Recommend to the Board of Directors to: Approve a Professional Services Agreement for Arcadis U.S., Inc. to provide Industrial Hygiene Services, Specification No. S-2018-1008, for a total amount not to exceed $500,000 for a one-year period beginning May 1, 2019 through April 30, 2020, with four(4) one-year renewal options. AYES: Ferryman, Iglesias (Alternate), Kim, R. Murphy, Nagel, Nguyen, Parker, Peterson, Shawver, Wanke and Withers NOES: None ABSTENTIONS: None ABSENT: M. Murphy and Wagner NON-CONSENT: None. INFORMATION ITEMS: Board Chair David Shawver departed the meeting at 5:12 p.m. Director Mark Murphy arrived at the meeting at 5:13 p.m. 0 3/1 3 2019 Administration Committee Minutes Page 2 of 4 3. ORANGE COUNTY SANITATION DISTRICT OPERATIONS & MAINTENANCE DEPARTMENT PRESENTATION (Rob Thompson) Each month, staff provides an informational presentation on topics of interest to the Board of Directors. This month's topic: Orange County Sanitation District wastewater treatment basics. Chief Plant Operator Jon Bradley delivered an informative PowerPoint presentation that provided an overview of the water reclamation process, metering and diversion structure, preliminary treatment, primary treatment, secondary treatment, the effectiveness of water treatment, solids recovery process, dewatering operation, biosolids allocations, central generation engines, and FY 2017-18 Operations Budget. 4. FY 2018-19 AND FY 2019-20 ORANGE COUNTY SANITATION DISTRICT BUDGET UPDATE (Lorenzo Tyner) Staff will present an update of the Orange County Sanitation District's Proposed Fiscal Year 2019-20 Budget. Detail of the Sanitation District's revenues and reserves will be discussed. Controller Wally Ritchie provided a PowerPoint presentation that reviewed the revenues and reserves for FY 2019-20, including major revenue categories, the largest components of revenues, revenue related to user fees, largest industrial users (represents 2% of user fees), property tax revenue, FY 2018-19 reserve policy summary, and reserve criteria summary. In response to a comment made by Board Vice-Chair John Withers, Assistant General Manager Lorenzo Tyner indicated that should property tax revenue be discontinued rates may be expected to increase by 30-40%. In response to a questions from Committee Chair Wanke, Mr. Ritchie indicated that approximately 3%was considered the proper amount of reserves. DEPARTMENT HEAD REPORTS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None 33,1312019 Administration Committee Minutes Page 3 of e ADJOURNMENT: Committee Chairman Wanke declared the meeting adjourned at 5:41 p.m. to the next regularly scheduled meeting of Wednesday, April 10, 2019 at 5:00 p.m. Submitted by: T w-#-J Tina Knapp, CIVIC Deputy Clerk of the Board 03/13/201 g Administration Committee Minutes Page 4 of 4 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, March 18, 2019 at 3:00 p.m. A special meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Monday, March 18, 2019 at 3:00 p.m. in the Administration Building of the Orange County Sanitation District. Board Vice-Chair John Withers joined the meeting via teleconference from the following location: Napili Kai Resort Keoka Building #4 — Lobby 5900 Lower Honoapilani Road Lahaina, HI 96761 A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: David Shawver, Board Chair Jim Herberg, General Manager John Withers, Board Vice-Chair (via Lorenzo Tyner, Assistant General teleconference) Manager Robert Collacott, Operations Committee Celia Chandler, Director of Human Chair Resources Peter Kim, La PA Committee Chair Kelly Lore, Clerk of the Board Glenn Parker, Member-At-Large Stephanie Barron Thys Devries COMMITTEE MEMBERS ABSENT: Al Garcia Donald P. Wagner, Member-At-Large Laura Maravilla Chad Wanks, Administration Committee Andrew Nau Chair Thomas Vu OTHERS PRESENT: Brad Hogin, General Counsel Laura Kalty, Liebert Cassidy Whitmore PUBLIC COMMENTS: No public comments were provided. 0 3/1 812 01 9 Steering Committee SPECIAL MEETING Minutes Page 1 of 2 REPORTS: Chair Shawver did not provide a report. General Manager Jim Herberg did not provide a report. CLOSED SESSION CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6: The Board convened in closed session at 3:03 p.m. to discuss one item. Confidential minutes of the Closed Session have been prepared in accordance with the above Government Code Section and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. Director Kim arrived at the meeting at 3:04 p.m., during Closed Session. RECONVENED IN REGULAR SESSION: The Board reconvened in regular session at 5:00 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS. IF ANY: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 5:01 p.m. to the next Steering Committee meeting to be held on Wednesday, March 27, 2019 at 5:00 p.m. Sub fitted by: Ke y A. o e, M 9C CI�•kof Board 03M812019 Steering Committee SPECIAL MEETING Minutes Page 2 of 2 MINUTES OF THE MEETING GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE Monday, January 14, 2019 OCWD Director Yoh called the Groundwater Replenishment System Steering Committee meeting to order in the Boardroom at the District office. Following the Pledge of Allegiance to the flag, the Secretary called the roll and reported a quorum. Committee Members David Shawver Roger Yoh James Ferryman Cathy Green Steve Jones Denis Bilodeau Alternates Donald Wagner Phil Hawkins Tim Shaw Steve Sheldon (Absent) Dina Nguyen (Absent) OCWD Directors Brandman Rowe and Whitaker were in attendance. OCWD Staff OCSD Staff Eleanor To tea Jim Herberg Mehul Patel Sandy Scott-Roberts I Jennifer Cabral Christina Fuller Assistant District Secrete • Annual Reorganization of GWRS Steering Committee Officers GWRS Steering Committee member Roger Yoh stated the Steering Committee reorganizes on an annual basis. It was a consensus of the Committee members present to approve the following nominations: • 2019 GWRS Steering Committee Chair—OCSD Director David Shawver • 2019 GWRS Steering Committee Vice Chair—OCWD Director Roger Yoh CONSENT CALENDAR The Consent Calendar was approved upon motion by Director Green, seconded by Director Ferryman and carried [5-0] as follows. Yes—Yoh, Ferryman, Green, Bilodeau, Wegner "Director Shawver abstained 1. Minutes of Previous Meeting The minutes of the GWRS Steering Committee meeting held October 8, 2018 are approved as presented. INFORMATIONAL ITEMS 2. GWRS Operations Update Executive Director of Operations/GWRS Mehul Patel reported that the average daily average production for the quarter, October through December 2018, was 93 mgd. He stated that as of December 30, 2018, the GWRS Fiscal Year to Date production total is 41,211-acre feet (af) which is 10,714 of below the target production of 51,925 of for the 18/19 fiscal year. He reported that production was lower than planned due to long-term maintenance performed on a portion of the GWRS pipeline. Mr. Patel stated that the goal is to make up some of the loss by maximizing production between now and the end of the current fiscal year. 3. Update on GWRS Final Expansion GWRS program Manager Sandy Scott-Roberts reported that staff from OCSD and OCWD are completing the design phase of the GWRS Final Expansion Project. She provided an update on the status of project elements and reported that all project components are progressing as anticipated. 4. Quarterly Outreach Report [October— December 20181 There was no verbal discussion on this item. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 5:25 p.m. OCSD Dir ct David Shawver, Chair 2 BOARD OF DIRECTORS Meeting Date TOBE.Or Dk. -- 04/24/19 AGENDA REPORT Item Item 3 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O19 GENERAL MANAGER'S RECOMMENDATION Receive and file the report of the Investment Transactions for the month of March 2019. BACKGROUND The CA Government Code requires that a monthly report of investment transactions be provided to the legislative body. Attached is the monthly report of investment transactions for the month ended March 31, 2019. RELEVANT STANDARDS CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s)is included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Report of the Investment Transactions for the month ended March 31, 2019 Page 1 of 1 U.S. Bank Transaction History 03/01/2019 Thru 0 3/3112 0 1 9 Entry Date CUSIP Id Explanation Units PrI.. Nat Cash Ann Cast GaIn1L.a. ACQUISITIONS 03/01/2019 31846V567 PURCHASED UNITS OF FIRST AM GOUT OB FD CL Z 43,011.8800 1.000000 43,011.88 43,011.88 0.00 03104/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 18,019.8300 1.000000 -18,019.83 18,019.83 0.00 03/04/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 47,525.5800 1.000000 47,525.58 47,525.58 0.00 03/05/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 29.375.0000 1.000000 -29,375.00 29,375.00 0.00 03/07/2019 31846V567 PURCHASED UNITS OF FIRST AM GOUT OB FD CL Z 20,000,000.0000 1.000000 -20,000,000.00 20.000,000.00 0.00 03/08/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 4,231,500.0000 1,000000 4,231,500.00 4,231,500.00 0.00 03/08/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 7,725,000.0000 1.000000 -7,725,000.00 7,725,000.00 0.00 03/11/2019 9128282K5 PURCHASED PAR VALUE OF U S TREASURY NT 1.375% 7/31/19/NOMURA 15,000.000.0000 0.995781 -14,936,718.75 14.936,718.75 0.00 SECURITIES INTERNATIONA115,000,000 PAR VALUE AT 99.578125% 03/11/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 24,380.0000 1.000000 -24,380.00 24,380.00 0.00 03/13/2019 47789JAS2 PURCHASED PAR VALUE OF JOHN DEERE OWNER 2.850%12/15/21/CITIGROUP 3,265,000.0000 0.999954 -3,264,851A2 3,264,851.12 0.00 GLOBAL MARKETS INC./3,265,000 PAR VALUE AT 99.99544012% 03/14/2019 31846V567 PURCHASED UNITS OF FIRST AM GOUT OB FD CL Z 56,875.0000 1.000000 -56,875.00 56,875.00 0.00 03115/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 4,999,471.4300 1.000000 4,999,471.43 4,999,471.43 0.00 03/15/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 144,629.7000 1.000000 -144,629-70 144,629.70 0.00 03/18/2019 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 57.500.0000 1.000000 -57,500.00 57,500.00 0.00 03/18/2019 31846V567 PURCHASED UNITS OF FIRST AM GOUT OB FD CL Z 240,920.7400 1.000000 -240,920.74 240,920.74 0.00 03/19/2019 313384GV5 PURCHASED PAR VALUE OF F H L B DISC NTS 6/13/19/MIZUHO SECURITIES 5,000,000.0000 0.994219 4,971,094.44 4,971,094.44 0.00 USA FXD INC15,000,000 PAR VALUE AT 99.4218888% 03/20/2019 31846V567 PURCHASED UN ITS OF FIRST AM GOVT OB FD CL Z 3.425.4900 1.000000 -3,425.49 3,425.49 0.00 03/21/2019 31846V567 PURCHASED UN ITS OF FIRST AM GOUT OB FD CL Z 9,759.5800 1.000000 -9,759.58 9,759.58 0.00 03125/2019 31846V567 PURCHASED UN ITS OF FIRST AM GOVT OB FD CL Z 3,188.2500 1.000000 -3,188.25 3,188.25 0.00 03/25/2019 31846V567 PURCHASED UN ITS OF FIRST AM GOVT OB FD CL Z 33,611.8400 1.000000 -33,61114 33,611.84 0.00 03/27/2019 31846V567 PURCHASED UN ITS OF FIRST AM GOVT OB FD CL Z B15,000.0000 1.000000 -815,000.00 815,000.00 0.00 03128/2019 912796UX5 PURCHASED PAR VALUE OF U S TREASURY BILL 4/16/19/J.P.MORGAN 7,500,000.0000 0.998741 -7,490,553.83 7,490,553.83 0.00 SECURITIES LLCf7,500,000 PAR VALUE AT 99.87405107% 03/28/2019 912796VA4 PURCHASED PAR VALUE OF U S TREASURY BILL SM7/19/BONY/TORONTO 5,000,000.0000 0.997347 4,986,733.33 4,986,733.33 0.00 DOMINION SECURITI/5,000,000 PAR VALUE AT 99.7346666% 03129/2019 06051GHF9 PURCHASED PAR VALUE OF BANK OF AMERICA 3.550% 3/05Y4/MLPFS INC/FIXED 3,775,000.0000 1.017050 -3,839,363.75 3,839,363.75 0.00 INCOME/3,775,000 PAR VALUE AT 101305% 03/29/2019 912828V80 PURCHASED PAR VALUE OF U S TREASURY NT 2.250% 1/31/24/GOLDMAN SACHS 3,000,000.0000 1.002031 -3,006,093.75 3,006,093.75 0.00 &CO.LLC/3,000,000 PAR VALUE AT 100.203125% TALACQUISITIONS 81.023.196.3200 -80.978,603.29 80,978,603.29 0.00 1 of U.S. Bank Transaction History 03/01/2019 Thru 0 3/3112 0 1 9 Entry Date CUSIP Id Explanation Units PrI.. NO Cash A�t Cost GaIn1L.a. DISPOSITIONS 03/01/2019 83162CLJO PAID DOWN PAR VALUE OF S B A GTD DEV PART 6.340% 3101Y 1 -8,933.1500 0.000000 8,933.15 -8,933.15 0.00 03/07/2019 912796OZ5 MATURED PAR VALUE OF U S TREASURY BILL 3/07/19 20,000,000 PAR VALUE -20,000,000.0000 1.000000 19,909,000.00 -19,909,000.00 0.00 AT 100% 03/08/2019 3133782M2 MATURED PAR VALUE OF F H L B DEB 1.500% 3/08/194,200,000 PAR VALUE AT 4,200.000.0000 1.000000 4,200,000.00 4.191,684.00 8.316.00 100% 03/08/2019 3133782M2 MATURED PAR VALUE OF F H L B DEB 1.500% 3108/197,500,000 PAR VALUE AT -7,500,000.0000 1.000000 7,500,000.00 -7,589,190.00 -89,190.00 100% 03/11/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -14.958.939.0500 1.000000 14,958,939.05 -14.958,939.05 0.00 03/13/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,237,851.1200 1.000000 3,237,851.12 -3,237,851.12 0.00 03/15/2019 532457BF4 MATURED PAR VALUE OF ELI LILLY CO 1.950% 3/15/194,000,000 PAR VALUE AT 4,000,000.0000 1.000000 4,000,000.00 4,009,675.00 -9,675.00 100% 03/15/2019 3134BSWZ3 PAID DOWN PAR VALUE OF F H L M C#786064 4.677% 1/01/28 FEBRUARV FHLMC -16.4400 0.000000 16.44 -16.04 0.40 DUE 3115/19 03/15/2019 3133TCE95 PAID DOW N PAR VALUE OF F H L M C MLTCL MTG 3.587% 8/15/32 -524.2500 0.000000 524.25 -524.80 -0.55 03/15/2019 43814OAC2 PAID DOWN PAR VALUE OF HONDA AUTO 1.390% 4/15/20 -73,452.1300 0.336339 73,452.13 -73,450.71 1.42 03/15/2019 47788MAD4 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.360% 4/15/20 -75.168.8100 0.328658 75,168.81 -75,156.98 11.83 03/15/2019 47788BABO PAID DOWN PAR VALUE OF JOHN DEERE OWNER 1.590% 4/15Y20 61,199.7900 0.403675 61,199.79 -61,194.47 5.32 03/15/2019 47788CAB8 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 2A20%10/15/20 -136,790.9600 0.180603 136,790.96 -136,513.10 277.86 03/15/2019 65478VAD9 PAID DOWN PAR VALUE OF NISSAN AUTO 1.320% 1/15/21 -87,258.0800 0.283123 87,258.08 -86,559.33 698.75 03/15/2019 65477UAD2 PAID DOWN PAR VALUE OF NISSAN AUTO 1.500% 9/15/21 -143.101.4900 0.000000 143,101.49 -142,207.11 894.38 03/15/2019 89238BAB8 PAID DOWN PAR VALUE OF TOYOTA AUTO 2.100%10115120 -357,769.6400 0.069052 357,769.64 -357,733.08 36.56 03/18/2019 43814RACO PAID DOWN PAR VALUE OF HONDA AUTO 1.210%12/18/20 -155,291.1700 2.084393 155,291.17 -153,586.61 1,704.56 03/18/2019 43814PAB6 PAID DOWN PAR VALUE OF HONDA AUTO 1.570% 1/21/20 67,920.5600 4.765684 67,920.56 -67,914.52 6.04 03/19/2019 31846V567 SOLD UNITS OF FIRST AM DOW OB FD CL Z 4,971,094.4400 1.000000 4,971,094.44 4.971,094.44 0.00 03/20/2019 36225CAZ9 PAID DOWN PAR VALUE OF G N M A 11#080023 4.125%12120126 FEBRUARV GNMA -175.0500 0.000000 175.05 -177.94 -2.89 DUE 3120119 03/20/2019 36225CC20 PAID DOW N PAR VALUE OF G N M A 1 1#080088 3.625% 6/20/27 FEBRUARV GNMA -164.2000 0.000000 164.20 -167.79 -3.59 DUE 3120119 03/20/2019 36225CNM4 PAID DOWN PAR VALUE OF G N M A 11#080395 3.625% 4120130 FEBRUARV GNMA -76.7200 0.000000 76.72 -76.02 0.70 DUE 3120119 03/20/2019 36225CN28 PAID DOWN PAR VALUE OF G N M A 11#080408 3.625% 5/20130 FEBRUARV GNMA -364.1400 0.000000 364A4 -360.44 3.70 DUE 3120119 03/20/2019 36225DCBB PAID DOWN PAR VALUE OF G N M A 11#080965 3.750% 7120134 FEBRUARV GNMA -2,176.1400 0.000000 2,176.14 -2,174.78 1.36 DUE 3120119 03/25/2019 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -11,492.3300 0.000000 11,492.33 -13.015.06 -1,522.73 2 017 U.S. Bank Transaction History 0 310 1/2 01 9 Thru 0 3/3112 0 1 9 Entry Date CUSIP Id Explanation Units Price Net Cash Anot Cost GainfLoss 03/25/2019 31371NUC7 PAID DOWN PAR VALUE OF F N M A#257179 4.500% 4/01/28 FEBRUARV FNMA -127.9400 0.000000 127.94 -135.31 -7.37 DUE 3125119 03/25/2019 31376KT22 PAID DOWN PAR VALUE OF F N M A#357969 5.000% 9/01/35 FEBRUARV FNMA -828.3800 0.000000 828.38 -890.51 -62.13 DUE 3125119 03/25/2019 31381PDA3 PAID DOWN PAR VALUE OF F N M A#466397 3.400%11/01/20FEBRUARV FNMA -819.7800 0.000000 819.78 -802.04 17.74 DUE 3125119 03/25/2019 31403DJZ3 PAID DOWN PAR VALUE OF F N M A#745580 5.000% 6/01/36 FEBRUARV FNMA -1,212.2600 0.000000 1,212.26 -1,303.18 -90.92 DUE 3125119 03/25/2019 31403GXF4 PAID DOWN PAR VALUE OF F N M A#748678 5.000%10/01/33 FEBRUARV FNMA -9.2400 0.000000 9.24 .9.93 -0.69 DUE 3125119 03/25/2019 31406PQV8 PAID DOWN PAR VALUE OF F N M A#815971 5.000% 3/01/35 FEBRUARV FNMA 4,273.0200 0.000000 4,273.02 -4,593.50 -320.48 DUE 3125119 03/25/2019 31406XWT5 PAID DOWN PAR VALUE OF F N M A#823358 4.722% 2KH/35 FEBRUARV FNMA 424.1200 0.000000 424.12 420.81 3.31 DUE 3125119 03/25/2019 31407BXH7 PAID DOWN PAR VALUE OF F N M A#826080 5.000% 7/01/35 FEBRUARV FNMA -83.3800 0.000000 83.38 -89.63 -6.25 DUE 3125119 03/25/2019 31410F4V4 PAID DOWN PAR VALUE OF F N M A#888336 5.000% 7/01/36 FEBRUARV FNMA -2.325.7300 0.000000 2,325.73 -2,500.16 -174.43 DUE 3125119 03/25/2019 3138EG6F6 PAID DOWN PAR VALUE OF F N M A#AL0869 4.500% 6/01/29 FEBRUARV FNMA -155.2800 0.000000 155.28 -164.22 -8.94 DUE 3125119 03/25/2019 31417VAV3 PAID DOWN PAR VALUE OF F N M A#MA0022 4.500% 4/01/29 FEBRUARV FNMA -243.3000 0.000000 243.30 -257.31 -14.01 DUE 3125119 03/25/2019 31397QREO PAID DOWN PAR VALUE OF F N M A GTD REMIC 1.113% 2/25/41 -2,563.2100 0.000000 2,563.21 -2,562.41 0.80 03/27/2019 3137EACA5 MATURED PAR VALUE OF F H L M C M T N 3.750% 3/27/19 800,000 PAR VALUE AT -800,000.0000 1.000000 800,000.00 -802,376.00 -2.376.00 100% 03/28/2019 31846V567 SOLD UNITS OF FIRST AM GOUT OB FD CL Z 4,986,733.3300 1.000000 4,986,733.33 4,986,733.33 0.00 03/28/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -7,490,553.8300 1.000000 7,490,553.83 -7,490,553.83 0.00 03/29/2019 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -6,865,020.1200 1.000000 6,865,020,12 -6,865,020,12 0.00 TOTAL DISPOSITIONS -80,205,132.5800 80,114,132.58 -80,205,607.83 -91,475.25 OTHER TRANSACTIONS 03/0112019 30231GAV4 INTEREST EARNED ON EXXON MOBIL 2 222% 3/01/21 $1 PV ON 3000000.0000 0.0000 0.000000 33,33000 0.00 0.00 SHARES DUE 3/1/2019 03/01/2019 31846V567 INTEREST EARNED ON FIRST AM DOW OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 18,019.83 0.00 0.00 2/28/2019 INTEREST FROM 2/1/19 TO 2J28/19 03/01/2019 31846V567 INTEREST EARNED ON FIRST AM GOVr OB FD CL Z UNIT ON 0.0000 SHARES DUE 0.0000 0.000000 47,525.58 0.00 0.00 2/28/2019 INTEREST FROM V1/19 TO 2/28/19 03/01/2019 B3162CLJO INTEREST EARNED ON S B A GTD DEV PART 6.340% 3/01M1 $1 PV ON 748.7300 0.0000 0.000000 748.73 0.00 0.00 SHARES DUE 3/1/2019$0.03170/PV ON 23,619.21 PV DUE 3/1119 3 of U.S. Bank Transaction History 0 310 1/2 01 9 Thru 0 3/3112 0 1 9 Entry Date CUSIP III Explanation U rnta Pri,,e Net Caah Annt Coat GainfL.aa 03/05/2019 40428HPR7 INTEREST EARNED ON HSBC USA INC MTN 2.350% 3/05/20$1 PV ON 2500000.0000 0.0000 0.000000 29,375.00 0.00 0.00 SHARES DUE 3/5/2019 03107/2019 912796OZ5 INTEREST EARNED ON U S TREASURY BILL 3/07/19$1 PV ON 20000000.0000 0.0000 0.000000 91,000.00 0.00 0.00 SHARES DUE 3f7/2019 20,000,000 PAR VALUE AT 100% 03/08/2019 3133782M2 INTEREST EARNED ON F H L B DEB 1.500% 3/O8/19$1 PV ON 4200000.0000 0.0000 0.000000 31,500.00 0.00 0.00 SHARES DUE 3/8/2019 03108/2019 3133782M2 INTEREST EARNED ON F H L B DEB 1.500% 3108119$1 PV ON 7500000.0000 0.0000 0.000000 56,250.00 0.00 0.00 SHARES DUE 3/8/2019 03/08/2019 313383YJ4 INTEREST EARNED ON F H L B DEB 3.375% 9/08/23$1 PV ON 10000000.0000 0.0000 0.000000 168,750.00 0.00 0.00 SHARES DUE 3/8/2019 03111/2019 06406HCW7 INTEREST EARNED ON BANK NY MELLON MTN 2.300% 9111/19$1 PV ON 0.0000 0.000000 24,380.00 0.00 0.00 2120000.0000 SHARES DUE 3/11/2019 03/11/2019 9128282K5 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.375% 7131119 0.0000 0.000000 -22,220.30 0.00 0.00 03/1312019 912828WUO BOOK VALUE OF U S TREASURY I P S 0.125% 7/1554 ADJUSTED BY 8216.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/13/2019 912828W UO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 8216.00 UNITS 0.0000 0.000000 ODD 8,216.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 0311312019 00440EAP2 INTEREST EARNED ON ACE INA HOLDINGS 2.700% 3113/23$1 PV ON 2000000.0000 0.0000 0.000000 27,000.00 0.00 0.00 SHARES DUE 3/13/2019 03/13/2019 912828W UO PAR VALUE OF U S TREASURY I P S 0.125% 7115124 ADJUSTED BY 8216.0000 UNITS 8,216.0000 0.000000 ODD 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 0311312019 912828W UO STATE COST OF U S TREASURY I P S 0.125% 7/1554 ADJUSTED BY 8216.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/14/2019 4581XOCZ9 INTEREST EARNED ON INTER AMER DEV SK 1.750% 9114122$1 PV ON 6500000.0000 0.0000 0.000000 56,875DO 0.00 0.00 SHARES DUE 3/14/2019 03115/2019 02587AAJ3 INTEREST EARNED ON AMERICAN EXPRESS 1.930% 9/15/22$1 PV ON 10084.2400 0.0000 0.000000 10,084.24 0.00 0.00 SHARES DUE 3/15/2019$0.00161/PV ON 6,270,000D0 PV DUE 3115119 03/15/2019 0846706R8 INTEREST EARNED ON BERKSHIRE HATHAWAY 2.750% 3115123$1 PV ON 0.0000 0.000000 34,375DO 0.00 0.00 2500000.0000 SHARES DUE 3/15/2019 03/15/2019 532457BF4 INTEREST EARNED ON ELI LILLY CO 1.950% 3/15/19$1 PV ON 4000000.0000 0.0000 0.000000 39,000.00 0.00 0.00 SHARES DUE 3/15/2019 03/15/2019 31348SWZ3 INTEREST EARNED ON F H L M C 4786064 4.677% 1/01/28$1 PV ON 7.6600 SHARES 0.0000 0.000000 T66 0.00 0.00 DUE 3/1512019 JANUARY FHLMC DUE 3/15119 03/15/2019 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 3.587% 8/15132$1 PV ON 36.3300 0.0000 0.000000 36.33 0.00 0.00 SHARES DUE 3/15/2019$0.00299/PV ON 11,104.70 PV DUE 3/15/19 03/15/2019 43814OAC2 INTEREST EARNED ON HONDA AUTO 1.390% 4115120$1 PV ON 341.1000 0.0000 0.000000 341A0 0.00 0.00 SHARES DUE 3/15/2019$0.00116/PV ON 294,473.18 PV DUE 3/15/19 03115/2019 4581XOCS5 INTEREST EARNED ON INTER AMERICAN DEVEL 1.875% 3115121$1 PV ON 0.0000 0.000000 46,875.00 0.00 0.00 5000000.0000 SHARES DUE 3/15/2019 4 of U.S. Bank Transaction History 0 310 1/2 01 9 Thru 0 3/3112 0 1 9 Entry Date CUSP Id Explanation U nits Price Net Cash Annt Cost GainfLoss 03/15/2019 47788MAC4 INTEREST EARNED ON JOHN DEERE OWNER 1.360% 4/15/20$1 PV ON 199.5900 0.0000 0.000000 199.59 0.00 0.00 SHARES DUE 3/15/2019$0.00113/PV ON 176,109.24 PV DUE 3/15/19 03/15/2019 47788NADO INTEREST EARNED ON JOHN DEERE OWNER 1.490% 5/15/23$1 PV ON 1429.1600 0.0000 0.000000 1,429.16 0.00 0.00 SHARES DUE 3/15/2019$0.00124/PV ON 1,151,000.00 PV DUE 3115119 03/15/2019 4778BBABO INTEREST EARNED ON JOHN DEERE OWNER 1.590% 4/15/20$1 PV ON 146.6000 0.0000 0.000000 146.60 0.00 0.00 SHARES DUE 3/15/2019$0.00133/PV ON 110,640.42 PV DUE 3/15/19 03/15/2019 47788BAD6 INTEREST EARNED ON JOHN DEERE OWNER 1.820%10/15/21$1 PV ON 1023.7500 0.0000 0.000000 1,023.75 0.00 0.00 SHARES DUE 3/15/2019$0.00152/PV ON 675,000.00 PV DUE 3/15/19 03/15/2019 47788CAB8 INTEREST EARNED ON JOHN DEERE OWNER 2.420%10115120$1 PV ON 2433.3800 0.0000 0.000000 2,433.38 0.00 0.00 SHARES DUE 3/15/2019$0.00202/PV ON 1,206,63544 PV DUE 3115119 03/15/2019 47788CAC6 INTEREST EARNED ON JOHN DEERE OWNER 2.660% 4/18/22$1 PV ON 2970.3300 0.0000 0.000000 2,970.33 0.00 0.00 SHARES DUE 3/15/2019$0.00222/PV ON 1,340,000.00 PV DUE 3115/19 03/15/2019 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080%11/15/22$1 PV ON 11883.6700 0.0000 0.000000 11,883.67 0.00 0.00 SHARES DUE 3/15/2019$0.00257/PV ON 4,630,000.00 PV DUE 3115119 03/15/2019 65478VAD9 INTEREST EARNED ON NISSAN AUTO 1.320% 1/15/21 $1 PV ON 943.9300 0.0000 0.000000 943.93 0.00 0.00 SHARES DUE 3/15/2019$0.00110/PV ON 858,117.10 PV DUE 3/15/19 03/15/2019 65477UAD2 INTEREST EARNED ON NISSAN AUTO 1.500% 9/15/21 $1 PV ON 967.6300 0.0000 0.000000 96T63 0.00 0.00 SHARES DUE 3/15/2019$0.00125/PV ON 774,100.94 PV DUE 3/15/19 03/15/2019 65478GAD2 INTEREST EARNED ON NISSAN AUTO 1.750%10/15/21$1 PV ON 3828.1200 0.0000 0.000000 3,828.12 0.00 0.00 SHARES DUE 3/15/2019$0.00146/PV ON 2,625,000.00 PV DUE 3115119 03/15/2019 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23$1 PV ON 9078.0000 0.0000 0.000000 9,078.00 0.00 0.00 SHARES DUE 3/15/2019$0.00255/PV ON 3,560,000.00 PV DUE 3115119 03/15/2019 68389XBKO INTEREST EARNED ON ORACLE CORP 1.900% 9115121 $1 PV ON 3000000.0000 0.0000 0.000000 28,500.00 0.00 0.00 SHARES DUE 3/15/2019 03/15/2019 89238BAB8 INTEREST EARNED ON TOVOTA AUTO 2.100%10/15/20$1 PV ON 5602.3200 0.0000 0.000000 5,602.32 0.00 0.00 SHARES DUE 3/15/2019$0.00175/PV ON 3,201,327.37 PV DUE 3115119 03/15/2019 89239AAB9 INTEREST EARNED ON TOVOTA AUTO 2.830%10/15/21 $1 PV ON 9093.7300 0.0000 0.000000 9,093.73 0.00 0.00 SHARES DUE 3/15/2019$0.002521PV ON 3,615,000.00 PV DUE 3115119 03/18/2019 43814RAC0 INTEREST EARNED ON HONDA AUTO 1.210%1N18120$1 PV ON 1571.1200 0.0000 0.000000 1,571.12 0.00 0.00 SHARES DUE 3/18/2019$0.00101/PV ON 1,558,138.74 PV DUE 3/18119 03/18/2019 43814PAB6 INTEREST EARNED ON HONDA AUTO 1.570% 1/21/20$1 PV ON 189.0800 0.0000 0.000000 189.08 0.00 0.00 SHARES DUE 3/18/2019$0.00131/PV ON 144,522.78 PV DUE 3/18/19 03/18/2019 43814PAC4 INTEREST EARNED ON HONDA AUTO 1.790% 9120121 $1 PV ON 4609.2600 0.0000 0.000000 4,609.26 0.00 0.00 SHARES DUE 3/18/2019$0.00149/PV ON 3,090,000.00 PV DUE 3118119 03118/2019 43814WAB1 INTEREST EARNED ON HONDA AUTO 2.750% 9120121$1 PV ON 4395000.0000 0.0000 0.000000 7,050.31 0.00 0.00 SHARES DUE 3/18/2019 03/18/2019 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5118122$1 PV ON 4289.2400 0.0000 0.000000 4,289.24 0.00 0.00 SHARES DUE 3/18/2019$0.00251/PV ON 1,710,000.00 PV DUE 3/18119 5 of U.S. Bank Transaction History 0 310 1/2 01 9 Thru 0 3/3112 0 1 9 Entry Date CUSIP Id Explanation U rnta Pric,o Net Caah Pont Coat GainfL.aa 03/18/2019 24422ESS9 INTEREST EARNED ON JOHN DEERE CAP MTN 2.300% 9116119$1 PV ON 0.0000 0.000000 57,500.00 0.00 0.00 5000000.0000 SHARES DUE 3/16/2019 03/20/2019 36225CAZ9 INTEREST EARNED ON G N M A 11#080023 4.125%122026$1 PV ON 61.7600 0.0000 0.000000 61 76 0.00 0.00 SHARES DUE 3202019 FEBRUARY GNMA DUE 320/19 03/20/2019 36225CC20 INTEREST EARNED ON G N M A 11#080088 3.625% 62027$1 PV ON 52.8300 SHARES 0.0000 0.000000 52.83 0.00 0.00 DUE 3/20/2019 FEBRUARY GNMA DUE 3/20/19 03/20/2019 36225CNM4 INTEREST EARNED ON G N M A 11#0803953.625% 4/20/30$1 PV ON 21.7000 SHARES 0.0000 0.000000 21.70 0.00 0.00 DUE 3/20/2019 FEBRUARY GNMA DUE 320/19 03/20/2019 36225CN28 INTEREST EARNED ON G N M A I I#080408 3.625% 5120130$1 PV ON 170.4800 0.0000 0.000000 170.48 0.00 0.00 SHARES DUE 320/2019 FEBRUARY GNMA DUE 320119 03/20/2019 36225DCB8 INTEREST EARNED ON G N M A 11#080965 3.750% 720134$1 PV ON 162.4700 0.0000 0.000000 162.47 0.00 0.00 SHARES DUE 3202019 FEBRUARY GNMA DUE 3120/19 03/21/2019 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8122122$1 PV ON 3970000.0000 0.0000 0.000000 9,759.58 0.00 0.00 SHARES DUE 3/21/2019 03/25/2019 03215PFN4 INTEREST EARNED ON AMRESCO 3.2012% 625/29$1 PV ON 356.7800 SHARES 0.0000 0.000000 356.78 0.00 0.00 DUE 3/25/2019$0.002671PV ON 133,743.29 PV DUE 3125119 03/25/2019 3139BVJ98 INTEREST EARNED ON F H L M C MLTCL MTG 4.251% 112520$1 PV ON 900000.0000 0.0000 0.000000 3,188.25 0.00 0.00 SHARES DUE 325/2019 03/25/2019 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43$1 PV ON 4055.6200 0.0000 0.000000 4,055.62 0.00 0.00 SHARES DUE 3252019$0.00542/PV ON 748,731.42 PV DUE 3/25/19 03/25/2019 31371 NUC7 INTEREST EARNED ON F N M A#257179 4.500% 410112E$1 PV ON 58.8400 SHARES 0.0000 0.000000 58.84 0.00 0.00 DUE 3125/2019 FEBRUARY FNMA DUE 325/19 03/25/2019 31376KT22 INTEREST EARNED ON F N M A#357969 5.000% 9/01/35$1 PV ON 455.0200 0.0000 0.000000 455.02 0.00 0.00 SHARES DUE 3252019 FEBRUARY FNMA DUE 3125119 03/25/2019 31381PDA3 INTEREST EARNED ON F N M A#466397 3.400%11/01M$1 PV ON 905.5300 0.0000 0.000000 905.53 0.00 0.00 SHARES DUE 325/2019 FEBRUARY FNMA DUE 3125119 03/25/2019 31403DJZ3 INTEREST EARNED ON F N M A#745580 5.000% 6/01/36$1 PV ON 426.4200 0.0000 0.000000 426.42 0.00 0.00 SHARES DUE 3252019 FEBRUARY FNMA DUE 3125119 03/25/2019 31403GXF4 INTEREST EARNED ON F N M A#748678 5.000%10/01/33$1 PV ON 7.6800 SHARES 0.0000 0.000000 7.68 0.00 0.00 DUE 3/25/2019 FEBRUARY FNMA DUE 325/19 03/25/2019 31406POY8 INTEREST EARNED ON F N M A#815971 5.000% 3101/35$1 PV ON 754.6700 0.0000 0.000000 75467 0.00 0.00 SHARES DUE 3252019 FEBRUARY FNMA DUE 3125119 03/25/2019 3140 MT5 INTEREST EARNED ON F N M A N233M 4.722% 2/01135$1 PV ON 441.9400 0.0000 0.000000 441.94 0.00 0.00 SHARES DUE 325/2019 FEBRUARY FNMA DUE 3125119 03/25/2019 31407BXH7 INTEREST EARNED ON F N M A#826080 5.000% 7/01/35$1 PV ON 84.0100 SHARES 0.0000 0.000000 8401 0.00 0.00 DUE 3/25/2019 FEBRUARY FNMA DUE 3/25/19 03/25/2019 31410F4V4 INTEREST EARNED ON F N M A MB8336 5.000% 7101136$1 PV ON 841.8100 0.0000 0.000000 841.81 0.00 0.00 SHARES DUE 325/2019 FEBRUARY FNMA DUE 3125119 6 of U.S. Bank Transaction History 03/01/2019 Thru 0 3/3112 0 1 9 Entry Date CUSIP Id Explanation U nits Price Net Cash Amt Cost GainfLoss 03/25/2019 3138EG6F6 INTEREST EARNED ON F N M A"L0869 4.500% 6/01/29$1 PV ON 42.6300 SHARES 0.0000 0.000000 42.63 0.00 0.00 DUE 312512019 FEBRUARY FNMA DUE 3/25/19 03/25/2019 31417YAY3 INTEREST EARNED ON F N M A#MA0022 4.500% 4101129$1 PV ON 69.5400 SHARES 0.0000 0.000000 69.54 0.00 0.00 DUE 3/25/2019 FEBRUARY FNMA DUE 3/25/19 03/25/2019 31397QRED INTEREST EARNED ON F N M A GTD REMIC 1.113% W5/41 $1 PV ON 553.3800 0.0000 0.000000 553.38 0.00 0.00 SHARES DUE 3Y25/2019$0.00264/PV ON 209,490.99 PV DUE 3/25/19 03127/2019 912828W UO BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 10816.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/27/2019 912828W UO FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 10816.00 UNITS 0.0000 0.000000 0.00 10,816.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/27/2019 3137EACA5 INTEREST EARNED ON F H L M C M T N 3.750% 3/27/19$1 PV ON 800000.0000 0.0000 0.000000 15,000.00 0.00 0.00 SHARES DUE 3/27/2019 03/27/2019 912828W UO PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 10816.0000 UNITS 10.816.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/27/2019 912828W UO STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 10816.00 UNITS 0.0000 0.000000 0.00 0.00 0.00 INCREASE TO ADJUST FOR CHANGE IN CPI 03/29/2019 06051GHF9 PAID ACCRUED INTEREST ON PURCHASE OF BANK OF AMERICA 3.550% 3105124 0.0000 0.000000 -8,934.17 0.00 0.00 03129/2019 912828V80 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 2.250% 1/31/24 0.0000 0.000000 -10,628A5 0.00 0.00 OTAL OTHER TRANSACTIONS 19.032.0000 864,4]0.71 19,032.00 0.00 7 of OPERATIONS COMMITTEE Meng Date TOBd. oir. 04/etiO3/19 04/24/1w9 AGENDA REPORT ItemNumber Item Number z a Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: PLANT NOS. 1 AND 2 CENTRAL GENERATION ENGINE OVERHAULS GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to commence negotiations with identified firms for the overhaul of two central generation engines located at Plant No. 1 and Plant No. 2 Central Generation Facilities. BACKGROUND The Orange County Sanitation District (Sanitation District) operates eight central generation (Cen Gen) engines manufactured by Cooper Bessemer, now part of General Electric (GE). These engines are no longer in production, but some parts are available from GE and others from third party vendors. The engines generate approximately two-thirds of the Sanitation District's electric demand. Additionally, waste heat from the engines is recovered and supplies the majority of the process heat demand used in the solids digestion process, and the absorption chiller at Plant No. 1 (which provides cooling for the Administration Building, the Laboratory Building, the Central Generation Building, and the Operations Building). At Plant No. 2 the waste heat generated by the engines is also converted into electrical energy using a steam turbine. The central generation engines are recommended to have a major bottom-end overhaul at 140,000 run-hours, approximately every 20 years. The engine types installed at the Sanitation District in the mid-1990s are not common. There are few companies in California that supply these heavy rebuild services. There have been three past unsuccessful bid attempts by the Sanitation District to accomplish the bottom-end overhauls. Over the past three years, bids were received, but were deemed non- responsive for various commercial reasons and ranged from $2.6 million to $4.8 million. RELEVANT STANDARDS • Protect Orange County Sanitation District assets • Maintain a proactive asset management program • Use all practical and effective means for resource recovery • 24/7/365 treatment plant reliability Page 1 d 4 PROBLEM The central generation engines require a major bottom-end overhaul at approximately 140,000 run-hours, and a lesser top-end overhaul approximately every 40,000 run-hours. There have been three past unsuccessful bids by the Sanitation District to accomplish the bottom-end overhauls caused by various commercial term and condition requirements. Due to timing concerns, this service has been deemed a critical time-sensitive procurement per paragraph 2.03.0 of the Sanitation District's Purchasing Ordinance. PROPOSED SOLUTION Staff recommends commencing negotiations with identified qualified firms for purchase of parts and service for the overhaul of two central generation engines. At the direction of the Operations Committee, staff has confirmed that there are no cooperative purchasing arrangements found to be a suitable match for the required services. TIMING CONCERNS The existing Cooper Bessemer Gas Engine No. 1 at Plant No. 1 and Engine No. 5 at Plant No. 2 are past their recommended bottom-end overhaul service intervals. RAMIFICATIONS OF NOT TAKING ACTION Failure to take action on this repairwill inhibit the ability to reliably generate electricity and produce process heat, resulting in an additional annual cost of approximately$1,400,000 per engine per year at Plant No. 1 and $1,680,000 per engine per year at Plant No. 2 to offset energy purchases and incurred demand charges. In addition,the engines are critical for process treatment requirements and use of digester gas, a byproduct of the digestion process. If the engines are not available, it will result in significant flaring of digester gas. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Over the last three years, the Sanitation District solicited bids for the 140,000 run-hour bottom-end overhaul for Engine No. 3 at Plant No.1. Many firms showed interest but only one firm submitted a bid on each occasion but were deemed non-responsive as they took exception to the terms and conditions or other requirements. Results shown in table below: Page 2 of 4 Technical Date Status of Mechanical, Specification/SOW Issued Bid (Value) Electrical, & Bonds Required I&C Work 125K Hour Overhaul of Central Generation Cancelled Mechanical 1)Labor& Material Bond 1 Engines(S-2016- May 26, 2016 ($2,633,118) Work 2)Performance Bond 7646D ' Bid Bond not required 140,000 Hour Overhaul Cooper Mechanical, 1)Labor& Material Bond Cancelled 2 Bessemer LSVB-12 March 8, 2018 ($3415 989) Electrical, & 2)Performance Bond Engine 1 I&C Work 3)Bid Bond 5-2018-898BD 140,000 Hour Overhaul Cooper Mechanical, 1)Bidder's Bond 3 Bessemer LSVB-12 October 4, Cancelled Electrical, & 2)Labor& Material Bond Engine 1 2018 ($4,870,726) I&C Work 3)Performance Bond (S-2018-898BD- Rebid The traditional low bid solicitation process has been unsuccessful and a negotiated process that minimizes the level of risk to the Sanitation District is deemed appropriate. Many firms that showed initial interest in the bid process did not bid due to the Sanitation District's standard terms and conditions, performance bond, labor and material bond, or indemnification requirements. The following firms showed interest in overhauling the Central Generation Engines in previous bid efforts: 1. B&T Recycle Services 2. Epic International 3. General Electric Oil & Reciprocating Compression 4. Sulzer Turbo Services 5. Arkos Field Services 6. UPS Midstream Services 7. Reciprocating Technology Services Staff may identify additional prospective firms that are capable of performing this service and will seek to negotiate the best possible terms, conditions, and price. FINANCIAL CONSIDERATIONS This request is seeking authorization to negotiate with qualified firms, and staff will return to the Board to seek approval of the negotiated contract(s). Additionally, these overhauls have been budgeted in the FY 18/19 and FY 19/20 budget. The delays in contracting this necessary service have affected cashfiow estimates in the current year. Staff is proposing an adjustment to the maintenance services line item to move funds from FY 18/19 to later years. Page 3 of 4 ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: PowerPoint Presentation from Operations Committee Meeting of April 3, 2019 RT:RM:gc Page 4 of 4 ti. ' ♦ Ztt 1' i Plant Nos . 1 and 2 Central Generation Engine Overhauls Overview of Engine Overhaul � a wr i i Central Generation Engines • Three 2.5 MW Engines at Plant 1 (1-19-1 in 1994) • Five 3.0 MW Engines at Plant 2 (J-19-2 in 1995) Enhancements • 1-79-1A — CEMS (2009) • 1-79-1 - CenGen Automation (2012) • 1-111 - CenGen Emission Control (2016) Engine Overhaul r I , a 7y TF o -�' -s 1 P IMM � iy Cooper-Bessemer LSVB 12/16- Cylinder (P1) and 16 — Cylinder (P2) Engine Overhaul r r View of Center Frame with Heads & V-Blocks Removed Engine Overhaul , 1 i View of Center Frame Being Shipped Engine Overhaul IH gy I �t M e9- ~i View of Crankshaft and Main Bearings Engine Overhaul View y � J � 1� ofArticulatingPiston • • andPistons History of Prior Bids 125K Hour Overhaul of Central May 26, 2016 Unsuccessful Generation Engines(5-2016-764BD) ■ 140 Hour Overhaul Cooper Bessemer LSVB-12 Engine 1 March 8, 2018 Unsuccessful (5-2018-898BD) 140 Hour Overhaul Cooper Bessemer LSVB-12 Engine 1 October 4, 2015 Unsuccessful (5-2015-898BD-Rebid) Various Contractors chose not to bid due to perceived high level of financial risk as follows: • Limitations of Liability • Indemnification • Bonds/Insurance • Termination Clause • Audit Rights • Remedies Questions ? OPERATIONS COMMITTEE Meng D310 TOBE. Dir. 04/ltiO3/19 04/24/1Of9 AGENDA REPORT Item Item Number 3 5 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: 65-75 TON A/T CRANE REPLACEMENT GENERAL MANAGER'S RECOMMENDATION A. Approve a Purchase Order to Western Pacific Crane& Equipment for the purchase of a 70-ton rough terrain crane using Sourcewell (formerly National Joint Powers Alliance) Cooperative Contract #032515-GUS, for a total amount not to exceed $679,413; and B. Approve a contingency of $33,971 (5%) to accommodate for fluctuations in pricing/freight costs. BACKGROUND The Orange County Sanitation District (Sanitation District) owns a large crane used for spanning long distances and reaching over wastewater structures for the purpose of moving, replacing, and/or repairing equipment. The existing 65-ton SANY A/T crane is recommended for replacement because it is unreliable. Specifically, the crane has been documented as having faulty and unreliable computer control and hydraulic systems. The dealer and manufacturer have tried to repair and replace the systems without success. The manufacturer warranty expired in 2016 and both the dealer and the manufacturer have refused to replace or repair the crane. Staff, working with General Counsel, placed the dealer and manufacturer on notice, but ultimately were unable to resolve these issues. General Counsel notes there is no further recourse open to the Sanitation District. Staff recommends replacement of this piece of equipment. RELEVANT STANDARDS Commitment to safety& reducing risk in all operations 24/7/365 treatment plant reliability PROBLEM The 65-ton crane currently owned and operated by the Sanitation District has faulty computer control and hydraulic systems which make it unreliable and unsafe. The distributor and manufacturer have refused to replace or repair this equipment and it is now out of its warranty period. Page 1 of 3 PROPOSED SOLUTION Staff recommends the purchase of a 2019 Grove Model RT770E: 70-Ton Rough Terrain crane and disposal of the existing 2014 65-Ton SANY A/T crane through public auction. TIMING CONCERNS The quote is good through April 30. Delay could result in the specified unit being sold to another buyer. RAMIFICATIONS OF NOT TAKING ACTION The Fleet Services staff provide, on average, 28 lifts each month to the treatment plants, pump stations, and MV Nerissa. Failure to replace the 65-ton crane will require a crane to be leased or contractor services obtained to carry out scheduled maintenance activities. Neither solution is considered to be cost effective. PRIOR COMMITTEE/BOARD ACTIONS NA ADDITIONAL INFORMATION The Sanitation District has provisions to purchase materials, services, and equipment through cooperative agreements. These cooperative agreements tend to produce lower unit prices because several agencies have pooled their purchasing needs. The Sanitation District requested quotes from two cooperative contract vendors. Both quotes were found to meet the requirements of the Sanitation District's heavy-duty crane specification. The quotes were evaluated in accordance with the Sanitation District's policies and procedures. Staff recommends awarding a purchase contract to the lowest cooperative contract quote, Western Pacific Crane & Equipment. Summary information on the quote for a 65-70-Ton Rough Terrain Crane is as follows. These costs are inclusive of freight and sales tax. Vendor Amount of Quote Western Pacific Crane & Equipment $679,413 Terex Cranes— North America $706,805 FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY18/19 and FY 19/20 Budget. Page 2 d 3 Date of Approval Contract Amount Contingency 04/24/19 $679,413 $33,971 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: PowerPoint Presentation from Operations Committee Meeting of April 3, 2019 RT:ME:RB:cl:gc Page 3 of 3 1 � y Presented by Rob Thompson Assistant General Manager YK I- Bar Screens Skylight Removal Bar Screen through . . Access to Bar . . . - � m� soh Y T I _ MotorTrickling Filter • rifiers Vertical Turbine a. +s Pump 111-ft lift, 45-ft length, 4 1/2-ton SecondaryMotor SANY Crane Proposed Procurement Highlights • Crane specification updated to meet current AQMD requirements • Quotes received from two suppliers through CO-OP BID Contracts • Cranes proposed have been in service in USA, for five years or more • Proposed procurement provides a total savings to OCSD of $281,000 • Savings realized from delivery of a crane at vendors lot, saving fabrication • Auction proceeds returned to general fund — offsets cost • Crane operators have direct experience with the proposed crane OPERATIONS COMMITTEE Meng Date TOBE. Dir. 04/etiO3/19 04/24/1Or9 AGENDA REPORT Item Item Number 4 fi Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Assistant General Manager SUBJECT: SITE ACCESS AND LICENSE AGREEMENT—2899 MENDOZA DRIVE, COSTA MESA GENERAL MANAGER'S RECOMMENDATION Approve a Site Access and License agreement with Costa Mesa Sanitary District(CMSD) and the City of Costa Mesa, to allow mobilization of an odor control chemical dosing station to inject odor control chemicals into the Baker-Main Interceptor at 2899 Mendoza Drive in the City of Costa Mesa, in a form approved by General Counsel. BACKGROUND The Orange County Sanitation District (Sanitation District) injects chemicals into sewer pipes at various points in its collection system to inhibit the growth of certain odor causing bacteria. Without the injection of these chemicals, hydrogen sulfide and other odor compounds are naturally produced causing nuisance odors, safety issues, and corrosion of concrete and steel components. The Baker-Main Interceptor is one of the sewers that has been treated for many years to reduce this potential. The Sanitation District, in cooperation with Irvine Ranch Water District, has been dosing the Baker-Main Interceptor with Ferrous Chloride at the Michaelson Water Reclamation Plant. Irvine Ranch Water District is making a significant change to its Michaelson Water Reclamation Plant that will no longer support the injection of chemicals at its current location. In April 2017, the Board of Directors approved a Site Access and License Agreement with Costa Mesa Sanitary District (CMSD) to allow for a new injection point. It has come to our attention that the proposed site is owned by the City of Costa Mesa and that Costa Mesa Sanitary District has an easement to operate a pump station at the site. RELEVANT STANDARDS Meet CEQA and NEPA standards • Operate and maintain facilities to minimize impacts on surrounding communities, including odor, noise, and lighting • 12 or fewer odor complaints per year under normal operating conditions in the collections system Page 1 d 3 PROBLEM Irvine Ranch Water District is improving its Michaelson Water Reclamation Plant which will significantly reduce or eliminate flow to the Baker-Main Interceptor making the current odor control chemical injection point unusable. In addition, a previously approved Site Access and License Agreement with Costa Mesa Sanitary District did not account for the underlying fee ownership of the site by the City of Costa Mesa. PROPOSED SOLUTION Approve a new three-party Site Access and License Agreement with the City of Costa Mesa and Costa Mesa Sanitary District with essentially the same terms as previously approved by the Board of Directors. RAMIFICATIONS OF NOT TAKING ACTION If not approved, the community of Costa Mesa could experience odors from elevated hydrogen sulfide vapors, which would result in an increase in odor complaints, as well as accelerated corrosion to the sewer trunk line. PRIOR COMMITTEE/BOARD ACTIONS This agreement replaces the one previously signed on April 26, 2017 by CMSD and the Sanitation District. The new agreement includes the City of Costa Mesa who owns the land. CMSD has an easement on the property; therefore, all three agencies must be included in the agreement. September 2017 - Received and filed the Orange County Sanitation District's Addendum No. 3 to the Supplemental Environmental Impact Report for the Final Effluent Pump Station Annex and Collection System Odor&Control Program, dated September 6, 2017, to accommodate odor and corrosion control addition at Costa Mesa Sanitary District's Mendoza Pump Station. April 2017 -Approved the Site Access and License Agreement with Costa Mesa Sanitary District (CMSD) to allow mobilization of an odor control chemical dosing station and injection of chemicals into the Baker-Main Interceptor at 2699 Mendoza Drive in the City of Costa Mesa. ADDITIONAL INFORMATION The Sanitation District is proposing to install one 8,400 gallon chemical tank that is ten feet tall and ten feet in diameter. A 990 square foot, 9,200-gallon, secondary containment structure will be placed around the tank to capture chemicals that may unexpectedly leak. The treatment facility will have an alarm system in place to detect leaks and will notify Sanitation District staff when the alarm is activated. The facility will have a ten-foot tall chain-link fence with privacy screens around the facility. As a reflection of its shared Page 2 of 3 interest in treating sewage in the interest of the public's health, safety, and welfare, CMSD intends to allow the Sanitation District access to the site. CEQA The Sanitation District's Mendoza Pump Station dosing station has complied with CEQA. In 2017, staff prepared, and the Sanitation District Board received and filed, an Addendum No. 3 to the Final Effluent Pump Station Annex and Collection System Odor and Corrosion Control Program Supplemental Environmental Impact Report (SCH #1997101065), certified in November 2002 to address the Mendoza Pump Station dosing station. In addition, a Notice of Exemption (NOE) and Notice of Determination were filed after the Board approved Addendum No. 3. The NOE was for the new construction of small structures and accessory structures, which are exempt from CEQA, Sections 15303 (Class 3) and 15311 (Class 11), respectively. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. The cost to operate the proposed system is budgeted in the Collections Facilities Operations and Maintenance Division's supplies line item, Section 6, Page 76. The budget is sufficient for this recommended action. ATTACHMENT The following attachment is included in hard copy and may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package and attachments: Site Access and License Agreement CT:MVP:cf:gc Page 3 of 3 SITE ACCESS AND LICENSE AGREEMENT This Site Access and License Agreement ("License Agreement") dated , 2019 ("Effective Date"), is entered into by and between the Orange County Sanitation District("OCSD"), the Costa Mesa Sanitary District("CMSD"), and the City of Costa Mesa ("City"). OCSD, CMSD and City are sometimes hereinafter individually referred to as "Party" and collectively referred to as "Parties." RECITALS WHEREAS, OCSD is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, and is responsible for safely collecting, treating, and disposing of wastewater generated by more than 2.5 million people living and working in Orange County; and WHEREAS, CMSD is a sanitary district that is responsible for residential trash collection and transmittal to a recycling facility for recycling and disposal. The CMSD also provides liquid waste collection and transmission to OCSD facilities for treatment and disposal; and WHEREAS, City is a municipal corporation that owns certain real property located at 2900 Mendoza Drive, Costa Mesa, CA 92626, in the alley west of Mendoza Drive, north of the flood control channel (hereinafter, the "Property"), and depicted on the site map and project area attached hereto as Exhibit "A"; and WHEREAS, CMSD owns and operates the Mendoza Pump Station and associated equipment("Pump Station") located on the Property pursuant to an easement (A.P. No. 141- 221-26)authorizing CMSD to operate sewer facilities and perform sewer maintenance on the Property; and WHEREAS, OCSD previously conducted a demonstration study to evaluate the effectiveness of utilizing hydrogen peroxide added to wastewater to reduce odor and corrosion in wastewater by utilizing the Pump Station; and WHEREAS, based on the results of this demonstration study, OCSD desires to use the Property and Pump Station as an odor treatment facility, subject to the termination and other rights provided herein; and WHEREAS, as a reflection of the Parties' shared interest in treating sewage in the interest of the public's health, safety, and welfare, CMSD and City intend to allow OCSD access to the Property and use of the Pump Station, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this License Agreement, OCSD, CMSD, and City hereby agree as 1 138M682 follows: 1. Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Section as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that they are bound by the same. 2. Site Access. CMSD and City hereby grant OCSD (and its consultants and contractors) a non-exclusive license to enter upon the Property and use the Pump Station for purposes of conducting odor control measures and installing above- ground odor control facilities, described in more detail in Exhibit "B," which is attached hereto and incorporated herein. Odor control facilities will consist of one tank containing ferrous chloride, magnesium hydroxide, calcium nitrate, and/or other chemicals, and a conduit that will transport said chemicals, either as a chemical compound or gas (the odor control measure), to OCSD's downstream sewer lines. OCSD intends for CMSD lines to be used as a transportation conduit only and the conduit will not allow the odor control measure to escape into CMSD lines. CMSD and City agree to cooperate with OCSD, as necessary, to provide access to relevant areas of the Property and Pump Station. OCSD agrees to keep CMSD and City informed of the names of its authorized consultants and contractors, and those persons shall utilize identification by way of uniforms and/or vehicles with signs or logos or other identifying measures when accessing the Property or Pump Station. 3. Site Storage. The Parties agree that odor control treatment at this location may require CMSD to relocate certain CMSD equipment that is currently stored at the Property for the term of this Agreement. Neither City nor OCSD shall be responsible for any costs associated with the relocation and storage of this equipment. 4. Term. This Agreement shall remain in full force and effect until February 28, 2027, unless extended by the Parties by written agreement or unless sooner terminated in writing by the Parties. 5. Termination. Any Party to this Agreement may terminate this Agreement at any time, with or without cause, upon thirty(30)days written notice to the other Parties. OCSD shall remove any equipment or property brought or installed at the Property within 30 days of Termination. At OCSD's sole cost and expense, OCSD shall, to the extent reasonably possible, restore the Property to as close to the same condition as it existed prior to OCSD's activities at the Property. 6. Eguioment. By entering into this License Agreement, CMSD and City understand that OCSD may bring onto the Property and install such equipment or machinery as may be reasonably necessary to conduct the intended odor control measures. Should OCSD wish to install any equipment or machinery that is not specifically described in this Agreement or in Exhibit B, OCSD shall provide at least fourteen (14) days' written notice to CMSD and City prior to the installation of any such equipment or machinery. If CMSD or City objects to the installation of any equipment or machinery, CMSD or City shall provide written notice of such 2 138M682 objection to all Parties within seven (7) days of the receipt of OCSD's notice. If CMSD or City objects to the installation of any equipment or machinery, OCSD shall not proceed with the installation until the Parties have agreed upon the installation. 7. Unreasonable Interference and Prior Notice. OCSD's use of the Property shall not interfere with CMSD's or City's operations, the business of its lessees, if any, or cause any nuisance to neighboring properties or persons thereon. OCSD shall give CMSD and City at least two (2) business days' notice prior to entering the Property for regular maintenance, or provide a schedule of regular maintenance that would eliminate the need for additional notice. In the event of an emergency, OCSD will provide CMSD and City with as much notice as possible prior to entering the Property. CMSD and City, as well as any lessees, licensees, or agents of CMSD and City, if any, agree not to prohibit, interfere with, or obstruct such entry or the odor control measures in place at the Property, and not to cause or permit interference or obstruction by others, including CMSD and City employees and agents. 8. Material Data Handling Sheets. OCSD and its contractors and consultants shall provide CMSD and City with a copy of each Safety Data Sheet (SDS) for those chemical substances that may be used at the Property and/or may pose a hazard to CMSD or City employees. 9. Restoring Condition of Property. OCSD agrees to minimize, to the extent practicable, interference with the activities of CMSD's and City's employees, guests, customers, tenants, occupants, and invitees on and to the Property, to maintain its equipment, hazards, and other materials in an orderly manner while they are located on the Property, and to remove all debris, trash, equipment, and other materials used by OCSD immediately upon completion of installation of odor control facilities and/or regular maintenance efforts. Additionally, OCSD agrees to, to the extent feasible, at the completion of each day's work, restore the Property to as close to the same condition as it existed at the commencement of that day. OCSD, at its sole cost, is responsible for soils, water, and/or waste characterization, and the lawful disposal of same. 10.Original Condition of Property. OCSD accepts the Property conditions as they may exist from time to time without any representation or warranty from CMSD or City, and without any duty of CMSD or City to warn of any conditions. Accordingly, OCSD agrees to assume all risks associated with entry and presence on the Property pursuant to Section 16 (Assumption of Risk) of this Agreement. 11.Preparatory Activities. OCSD agrees to assume full responsibility for determining the presence or absence of underground utilities and structures prior to conducting subsurface work at the Property, and to perform all other relevant preparatory work. OCSD also agrees to provide appropriate notification to, and obtain all required permits from, applicable regulatory authorities before conducting work at the Property. 3 138M682 12.Costs. OCSD agrees that any and all work performed at, near, beneath, or related to the odor control facilities at the Property shall be at the sole cost and expense of OCSD. OCSD agrees to keep the Property free and clear of all liens in any way related to the operation of odor control facilities. OCSD agrees to reimburse CMSD and/or City for the actual costs of water, electricity, and other utility services, if any, used by OCSD at the Property. 13.Hazardous/Toxic Materials Use. OCSD shall use the Property in compliance with all, and shall not cause or permit the Property to be in violation of, any federal, state or local environmental, health and/or safety-related laws, regulations, standards, decisions of the courts, permits or permit conditions, currently existing or as amended or adopted in the future which are or become applicable to OCSD or the Property ("Environmental Laws"). OCSD intends to use ferrous chloride, magnesium hydroxide and calcium nitrate ("Dosing Chemicals") at the odor control facilities. Except for these Dosing Chemicals or any other Hazardous Materials expressly approved by CMSD and City in writing, OCSD shall not cause or permit, or allow any of OCSD's contractors or consultants to cause or permit, any Hazardous Materials to be brought upon, stored, used, generated, treated or disposed of on or about the Property. Any Hazardous Materials on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, "Hazardous Materials" means any chemical, substance or material which is now or becomes in the future listed, defined or regulated in any manner by any Environmental Law based upon, directly or indirectly, its properties or effects. OCSD shall indemnify, defend (by counsel reasonably acceptable to CMSD and City) and hold harmless CMSD and City, and their respective elected and appointed officials, officers, employees, and agents, from and against any and all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys' fees, and consulting, engineering, and construction fees and expenses) incurred by CMSD and/or City as a result of (a) OCSD's breach of any prohibition or provision of this section, or (b)any release of Hazardous Materials upon or from the Property or contamination of the Property or adjacent property (i)which occurs due to the use of the Property by OCSD or OCSD's contractors or consultants, or(ii)which is made worse due to the act or failure to act of OCSD or OCSD's contractors or consultants. The foregoing indemnity shall not apply to any claims, or any portion thereof, arising solely from the active negligence or willful misconduct of CMSD or City; shall survive termination of this Agreement; and is in addition to any other rights or remedies which CMSD and City may have under the law or under this Agreement. In addition, in the event of any release on or contamination of the Property caused by OCSD or its personnel, contractors, or subcontractors, OCSD, at its sole expense, shall promptly take all commercially reasonable actions necessary to clean up the affected property (including the Property and all affected adjacent property -- whether or not owned by CMSD or City) and to return the affected property to the condition existing prior to such release or contamination, to the 4 138M682 satisfaction of CMSD and City and any governmental authorities having jurisdiction thereover; provided however, that if the release or contamination of the Property by any Hazardous Materials stored, used or generated on the site by OCSD or OCSD's personnel, contractors, or consultants was caused, in whole or in part, by the acts of omissions of CMSD or City, their employees, agents, customers, visitors, invitees, licensees or contractors, OCSD shall retain all rights or remedies it may have under the law. 14.Compliance with Laws. OCSD shall comply with all applicable federal, state and local laws, regulations, rules and orders in its work on, or maintenance, inspection, testing or use of, the Property and shall furnish satisfactory evidence of such compliance promptly upon request of CMSD or City. OCSD shall obtain all required permits or licenses required by any governmental authority for its use of the Property, at its sole cost and expense. 15.Insurance. OCSD shall at all times during the term of this License Agreement maintain at its own expense insurance of the types and amounts indicated below, or self-insure. Such insurance shall be in the form and substance satisfactory to CMSD, and City, shall be issued by carriers which are authorized to do business in California, and shall be maintained until the termination of this License Agreement. OCSD shall name CMSD and City, and cause each contractor and subcontractor to name, CMSD and CITY as additional insureds on CMSD's and each contractor's and subcontractor's Comprehensive General Liability insurance policy and automobile liability insurance policy. OCSD may self-insure for the requirements below in lieu of providing insurance. CMSD and City shall not unreasonably withhold approval of insurance or self-insurance provided under this agreement. CMSD and City shall be responsible to collect and maintain insurance from all subcontractors. A. General Liabilitv. $2,000,000 per occurrence for bodily injury, personal injury, and property damage and $4,000,000 aggregate for bodily injury, personal injury, and property damage. B. Automobile Liability. $2,000,000 combined single limit per accident for bodily injury and property damage, including non-owned and hired vehicles. C. Workers' Compensation. Workers' Compensation, in accordance with the Workers' Compensation Act of the State of California for a minimum of $1,000,000 or such minimum limits as the required by the State, whichever is greater. 16.Assumption of Risk. To the maximum extent allowed by law, OCSD assumes the risk of loss, damage or injury to any person or its property, including the Property, Pumping Station and other property of, or under the sole control or custody of, OCSD, which is used for access, repair, and use the Property or Pumping Station. OCSD's assumption of risk shall include any loss or damage caused solely by defects in the Property or Pumping Station, or accident or fire or other casualty at 5 138M682 the Property or Pumping Station. Notwithstanding the foregoing,this provision shall not apply to any risks, losses, or damages arising from defects or other dangerous conditions of which CMSD and/or City have knowledge and which they fail to disclose to OCSD, or any damages which arise due to the active negligence of CMSD and/or City. 17.Indemnification. OCSD agrees to indemnify and defend CMSD and City and their respective elected and appointed officials, officers, employees, and agents, from any claims or liability arising out of OCSD's odor control measures or other use at the Property and/or Pump Station, including but not limited to claims of pollution from the processes used, claims or liability arising from the work performed by OCSD and its personnel, contractors, and consultants, and claims or liability arising from CMSD's operation of the Pump Station. Notwithstanding the foregoing, OCSD shall not be responsible for the defense or indemnification of CMSD or City for claims or liability arising out of the sole negligence or willful misconduct of CMSD or City or their respective officials, officers, employees, and agents. 18.Limited Access. The Parties agree that OCSD's entry upon the Property shall be limited to the extent reasonably necessary for the performance of odor control measures and the purposes set forth in this License Agreement. 19.Non-Exclusive License. This License Agreement is intended and shall be construed as a non-exclusive license to enter and conduct odor control operations upon the Property, and not as a grant of easement or any other interest in the Property. Except as expressly set forth herein, no other rights are created by this License Agreement. 20.Attomevs' Fees. If any of the Parties is required to engage an attorney or institute an action to enforce or interpret any of the provisions of this License Agreement, the Parties shall bear their own attorneys' fees. 21. Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by recognized overnight courier and shall be deemed received upon the earlier of: (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; or (ii) three (3) business days after the date of posting by the United States Post Office if by mail. Notices or other communications shall be addressed as follows: To District: Orange County Sanitation District Post Office Box 8127 Fountain Valley, CA 92728-8127 Attention: James D. Herberg, General Manager To CMSD: Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 92626 6 138M682 Attention: Scott Carroll, General Manager To City: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attention: Raja Sethuraman, Public Services Director 22.No Third-Party Beneficiaries. This Agreement is entered into by and for OCSD, CMSD, and City, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. This License Agreement shall be binding upon the Parties to this License Agreement and their respective successors, representatives, heirs, and assigns. OCSD shall not assign this License Agreement nor any rights hereunder without the prior written consent of CMSD and City, which may be given or withheld in CMSD's and City's sole discretion. 23.Force Maieure. Except for the payment of money, no Party shall be liable for any delays or other non-performance resulting from circumstances or causes beyond its reasonable control, including without limitation, fire or other casualty, acts of God, strike or labor dispute, war or other violence, acts of third-parties, or any law, order, or requirement of any other governmental agency or authority. 24.Goveming Law. This Agreement shall be governed by the laws of the State of California. 25.Entire Agreement. This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations and agreements between the Parties pertaining to the subject matter hereof. 26.Waiver. A waiver of a breach of the covenants, conditions or obligations under this Agreement by either Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or obligations of this Agreement. 27.Amendments. This Agreement may be modified or amended only by a written document executed by the Parties and by persons with authority to execute the same. 28.Assignment. OCSD shall not assign this License Agreement, in whole or in part, without the prior written consent of City and CMSD. 29.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.Agreement Execution and Authorization. Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Agreement and that such execution is binding upon the entity on whose behalf they are executing this Agreement. 7 138W8.2 IN WITNESS WHEREOF, this License Agreement has been executed in the name of the Orange County Sanitation District by its officers, thereunto duly authorized, the Costa Mesa Sanitary District, and the City of Costa Mesa as of this day of , 2019. ORANGE COUNTY SANITATION DISTRICT By: David John Shawver Chair, Board of Directors ATTEST: APPROVED AS TO FORM: Kelly A. Lore, MMC Bradley R. Hogin Clerk of the Board General Counsel COSTA MESA SANITARY DISTRICT By: James Ferryman President, Board of Directors ATTEST: APPROVED AS TO FORM: Noelani Middenway Alan Burns District Clerk General Counsel CITY OF COSTA MESA By: Katrina Foley Mayor ATTEST: APPROVED AS TO FORM: Brenda Green Kimberly Hall Barlow City Clerk City Attorney 8 138M682 EXHIBIT A (Figures 14) i Figure 1: Mendoza Pump Station aerial view V Figure 2: Mendoza Pump Station view from Mendoza Drive 9 138M682 Figure 3: View of Mendoza Pump Station at sidewalk and Flood Control Access Road Figure 4: View of Mendoza Pump Station from alley/driveway 10 138M68.2 EXHIBIT B �Manhole 1 of 3 g 'll OETA(i.M Aw, �� II Starting point to Feed 31W' Dosing line `I, 1N j IN Sm ' IIII P 2 a .ter., w. .,.... ALLEY I� MENDOZA FORCE MAIN REVISIONS .yewauHnun COSTA MESA SANITARY COSTA MESASANITARYOISTRICT PROJECT NQ 200A RECORD DRAWING / FORCE MAIN REPLICEMEM 13 FOR MENOOSA PUMP 31AbON GENERAL NOTES FOR TRAFFIC CONTROL VICINITY MAP � �• •r� «.r.:-.==�o w.r TRAFFIC CONTROL PLANS ••• e •• FOR �__ r rr - ^--- •r-r-- MANHOLE ACCESS ® rnrr.r>.,.•,�,,.�...• —wrnwrn BAKER ST. & MENDOZA AVE. r CITY OF COSTA MESA LEGEND BRIBE M mw�r=ru rmnr`rr. r.rxsnr• sw.nwes..�•� � M111 RE 6IXPE � G]63aP ® LOL�ipX sne r r v . •.nmw.wY•'w•..nr J lYPEI aagPWME L]D3 LW.1]YI M0'M]91 — 1 WIeLN FIB-FLASMIIq •ma=w. . e=r�rrar.. •.e0v'...r �r.anow aOMN O ® mr.B wr mnnrr�.•e••—r.r INIEfl]ELTpI _ 1 .... .w .. wiol wmNel wm4n1 rr�rarr. P COOLIDOE AVE. I ' BAKER Fr. 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S O INTERSECTION P1OUR LEGEND O 6 1 g BENAI ON W MPNXOLE DR f e <8> ® oP 1; clttul 4Wu1 c]DµUI cxif a W.11001 asr R}qa) R}11R1 ,. aCyGl O ® ® ORASRIcacxe [ Ia.LI W W) BR1 Wn-1 .11, WI., Wpl am WPCT'RI L MENDOZA AVE. SHIFTING SETUP MISSION DR. a n. _________________ I I•,"°_- SJ eorffiaaLw A t rawvmrr MENDOZA DR. P PosrED SREED:nrwl __ _� I 'I' Imo' I I I , !1 E D artPrrRcerxe i N Peon.OwR YIa. Jx Pe.z CA.2B. eongrv.Rw ea.Lxe. GITYO IF COSTA MESA ,•OEuw'RtlN°CA AM v D • T.alvDmlM.l.n C°mx.U3000 IB:111S4G5]0 �83�81 .LAN. I..RMvF Z !, BAKER ST. RIGHT LANE CLOSURE AND MENDOZA AVE. SHIFTING SETUP COOLIDGE AVE. GRANT AVE. fT� t BAKER ST. I Bl I N NFEONEEO:IOMPN 0 m �4:IIII wmr c ::: e s = _ O B m rsrlm AA .r+ xur.sr rw mu ___ _ ruaromrl :�::' aewl '�� MwW GRACE LN. J. LEGEND ® Ia C FOR DELINEATOR WRXWNITESMPE i J • CONIORDELINWOR ® ® O]bEEP ® ® ® ® ® y� 0 WITI V6LOWSTRIPE ClSI CBJ ) GA3 ♦R "S, MIN M0.1NE&) Fw R4NR) R41e "EA) pR `yG CONE DIGN 0 ® ® Al ER. RRICIDE W1d R) W]'HW) W0.31R1 W!i W10.1 W161 WtY1 W S) wN-elRl TlIB FA!-BASHING r t ARROWBOARO 1 ® WORr.SCNE �nfIr j vrE e /, MGNALQED Ll INLIRSECTION r/ r� � W an� � ) I 4e y MANHOLE w I ; I P 44 I b DETOUR MAP ...Dwu.L xons•vTCRlrry oRrsNx:ecue MRRoxlxeen ".e ACow zol.me. iR.Fllmv eonnnmen eo.zoo. D CITY FCOSTAMESA .I sleeel lw uann Axe�....�on.. mNU' Tr.Me ev.wl M.o ^ comn.,CASzeSO Eewnaeo.cA azVA I 7A°" 1a61ux.vm5 .d We.aN Llunee pS51W9 C . ReYee .�. x�rw..^w � �_ MmIIOIJm... Sa 1 BAKER ST LEFT AND RIGHT LANE CLOSURE AND MENDOZA AVE. SHIFTING SETUP GRANT AVE. BABB ST. II$T. P, .n PGS Eaa EEO:aMPN yt�� _ `•• _ _ _ _ _ _ _ _ _ _ _ _ __ .. _ _ _______ vo F F e ���' � bl I� COMAcriMNert Aatnomm� � . . t . . XWRe VRIOR T09TMTOFNtlRN w ,e" Pa+TEMPDwav RB.DCAnaxaF BABB ST, CROFTOON ST. BUB STOP G%P B_ E aKal OUR I .rs COOLIDOE AVE Nerceuxry t I ' , fl BAKER ST. I _ __— vo.+reosPEloaNrx T m o,.�. .L,, Im, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ tlI,. , • _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MGRACE I.N. � i aB v LEGEND j i• n' CGNEOELINFAEC0. J�1 O ® ® P® f Wli WO„IiE STRIPE F!1 wORX ZONE Sep I 1 CONE O0.DELINEATOR B BIWLL6E0 L13(G) C]111CP1 G363 6R,1(30- PY1 a3(RI (PI s WITHYELLONBTRIPE O INTERBECTKW ♦ L I 1% 1 CONE BXW ® MAIINOL! ®� ® ® �1 M�TC�XnLINl'C' e .py f _ _ � �• TYPE I MRRcC M7a 8C3(CA) W11(M.) WY5(]G) W<31RI wBJ w".1 1. 1 ® M O © ® p fAB� VdXIXG -� _ _ LL MROW BOAPO H[OlNlRLL R a ,1 w13-+ wlen wm+ wxaNe) wmgR) xoreaawcwm d NRvax sXlErr W ACami<m ln<, w I R.FII.oe C.,c I-Co.Ine. CITY •F COSTA MESA ISOCoo ALmM 92880 Ia 111—Mere<»nome D b<m<C<m1el PLn .e C<mIq CA.., E¢. LABID]e b (061)136Sn' (EZ)3B1-NE4 •Q �� E L4nx pBfil BBE :Lola Pt,.1 F� Mm1,eh Aaeo .1 ,r 36'MIN. ID 7,4's 0•PVC PIPE AW 005E U E (SCH SO) (SECURED W/ SST HARDWARE) EXISTING R• ROM FORCE MAIN STATION 3,TO N.H.2' NOTE:CORE DRILL 03STM EXISTING W M.H.WALL D PATCH AFTER SAN.SEWER INSTALLATION PER CMSD INSPECTOR SECTION D-V EXISTING(M5D M.H. O STA.7+01 M.H.2 ID ]T t EXISTM 1R• SAN.SEWER 'HIRE /3m/r�mOOv.S�E LINE KH.1+ �li (S81EH13 PIS W/ 30TTO SST HARDWARE) M31.3 ' SECTION E-E' EXISTING CM5D M.H.@ STA.3+50 NOTES: 1.NOT TO SCALE 2.MANHOLES SHOWN FOR CONCEIM Al PORPOSF5 ONLY,NOT DRAWN TO SCALE - 3.DOSE LINEREM ABLE FOR SEWER MAINTHIWff,IF NEBIED EXISTING is SAn.SEWER EXL•TIIlG 1R' Wl.EFNE0.� A MA 2' TO CCSD M31. T PLAN NEW /—KH.3 ID 6.LY TOC®M.H. --� 3/4'DOSE LINE (S RED AS NFPDE)WI 557 HARDWARE) PUY2 MN 2'� CROSS-SECTION VIEW SECTION F-F' EXISTING 04SD M.H. p STA. 167+47 NOTES: 1.NOT TO SCALE 7.MANHOLES SHOWN FOR CONCEPTUAL PURPOSES ONLY,NOT DRAWN TO SCALE 3.DOSE L E REMOVABLE MR SEWER MAINTENANCE,IF NEEDED SSTUIESTNIf 1(Y ST OOSIAG (Stiap1®ro4HF) MANIF L EXUrM mNc sHeE K3 DOSE (QTV•4) <) 3/YLINES 005ELBE- N M mm MN:06D fCONI W NmN— MJl3 11r SSF OONG 518F TUBE STM 5ST AT I' ABOVEM UAEL s4•om vO 3KEPM ro a SEWER ( +) 1r TOTa 0EP" BUOON HOSE tawix EER usv oIRE<Tlox aulsSTiTloN SECTION G-w EXISTING OGU M.H.OM160-0000 NOTES: 1—NOITOSGIE L MANHOLES SHOVM FOR CONlBRWL PURPOssoNLT,Nor DRAWN TO SCALE M DOSE LM REMOVABLE FOR SEWER AWNTe"WF 7E _ wan i 9002 B9 ` 99 90 ' 9A91 3000 30p1 am mot ST. n cr 33 _ 31 d•4ni I � troSf � o arl — e•rmc uNE Zysy i M.H. 3 DOSE PT. 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Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: LEGISLATIVE AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Receive and file the Legislative Affairs Update for the month of March 2019. BACKGROUND The Orange County Sanitation District's (Sanitation District) legislative affairs program includes advocating the Sanitation District's legislative interests, sponsoring legislation (where appropriate), and seeking Local, State and Federal funding for projects and programs. Staff will provide an update on recent legislative and grant activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities PROBLEM Without a strong advocacy program, elected officials may not be aware that the Sanitation District is more than a wastewater treatment plant — treating and sending water to the ocean. The Sanitation District is an environmentally engaged organization which recycles more than 50 percent of its wastewater. Additionally, to help meet the goal of 100 percent recycling, the Sanitation District uses the byproducts from the wastewater treatment process to produce biosolids to fertilize crops and energy used to help power the two plants in Fountain Valley and Huntington Beach. PROPOSED SOLUTION Continue to work with Local, State, and Federal officials to advocate the Sanitation District's legislative interests. Help to create/monitor legislation and grants that would benefit the Sanitation District, the wastewater industry, and the community as a whole. Page 1 of 3 To assist in our relationship building activities, we will continue to reach out to our elected officials providing facility tours, one-on-one meetings, and trips to D.C. and Sacramento. RAMIFICATIONS OF NOT TAKING ACTION If we do not work with Local, State, and Federal elected officials, legislation could be passed that negatively affects the Sanitation District and the wastewater industry as a whole. Additionally, this could affect our chances of receiving grant funding. ADDITIONAL INFORMATION Upcoming Lobby Dates: • The Sacramento Lobby Day is currently scheduled for Thursday, April 4 • The Washington D.C. Lobby Days are currently scheduled for Monday, June 17-Wednesday, June 19 Legislative Update: • Representative John Garamendi (D-CA) introduced House of Representatives Bill (H.R.) 1764, a bill that would provide a state with delegated authority to consider providing a clean water agency with a permit term that could be as long as ten years compared with current law's five-year limit. In support of this bill, a letter was sent to the OC Delegation requesting co-sponsorship of the bill as well as support. Legislative Tours: • On Friday, March 15, as part of our legislative outreach, newly elected Assemblywoman Cottle Petrie Norris and her staff received a briefing about the Sanitation District and toured the Fountain Valley Plant as well as the Groundwater Replenishment System. Additionally, staff is working with State and Federal elected officials to provide tours and briefings with all newly elected officials as well as those who have been previously seated. CASA Update: • On Friday, March 15, CASA held its monthly State Legislative Committee Meeting in Sacramento. Sanitation District staff attended the meeting where the "No Wipes Down the Pipes" campaign was discussed. Additionally, CASA discussed the current Hertzberg bill AB 332, which mandates all wastewater agencies that discharge treated effluent to oceans, bays, and estuaries to reduce their discharges by 50% by 2030, and by 95% by 2040. CASA has taken an official "oppose" position on this bill. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: • Federal Update & Legislative Matrix - ENS Resources • State Update & Legislative Matrix - Townsend Public Affairs Page 2 of 3 Grant Matrix PowerPoint Presentations from Committee Meeting April 8, 2019 Page 3 of 3 ■ , MV% J JL ITV RESOURCES MEMORANDUM TO: Rebecca Long FROM: Eric Sapirstein DATE: March 18, 2019 SUBJECT: Washington Update The past several weeks were extremely busy as Congress continued to consider policy associated with infrastructure,climate resiliency and preparing for the transmittal of the Administration's fiscal year 2020 budget request that will formally kick-off the spending debate for the coming year. Of special note, legislation to address the antiquated the National Pollutant Discharge Elimination System (NPDES) permit process was introduced seeking to modernize the process consistent with OCSD's priority. The following summarizes these issues. Legislation to Extend NPDES Permit Terms/or Municipalities Representative John Garamendi (D-CA) introduced H.R. 1764,a bill that would provide a state with delegated authority to consider providing a clean water agency with a permit term that could be as long as ten-years compared with current laws five-year limit. Garamendi was joined by Representatives Ken Calvert(R-CA) and Rob Woodall (R-GA),making H.R. 1764 bipartisan. The legislation aligns with OCSD's federal priorities. Along with being bipartisan,the legislation enjoys significant support by the affected stakeholders that CASA worked to secure support: National Association of Clean Water Agencies,U.S. Conference of Mayors, National League of Cities, National Association of Counties,WateReuse,Water Environment Federation,Association of California Water Agencies,and National Water Resources Association. A copy of the legislation and letter of support is attached. As introduced,the bill would only apply to public agencies. It would not impact any Clean Water Act rules or enforcement provisions. 11Page Water Infrastructure Policy Options Appear to be Coming into Focus The House Committee on Transportation&Infrastructure continued its review of water infrastructure needs. During a hearing before the Subcommittee on Water Resources and Environment, chaired by Representative Grace Napolitano (D-CA), a panel consisting of a Mayor, General Manager of a publicly owned treatment works (POTW),and Non-governmental organizations (NGO's), representing environmental justice,testified on the need to support the State Revolving Fund (SRF) program to ensure a federal role is maintained to support local clean water agencies meet their financing needs. The witnesses also shined a light on the issue of affordability, noting that even with a robust commitment to the SRF program,the ability to pay by communities remains a challenge. This challenge needs to be addressed through new policies that would assist ratepayers pay for clean water services and support agencies' efforts to use innovative technologies to reduce the costs of supplying such services. During the hearing, Representative Alan Lowenthal (D-CA) questioned the panel if extending permit terms would assist in the challenge of providing clean water services. In response,the U.S. Conference of Mayors witness clearly and forcefully replied yes as it would help to better align permit terms with construction schedules and financing terms and reduce administrative costs. Fiscal Year 2020 Budget Released,Attention Turns to Congress Approximately a month behind schedule due to the governmental shutdown that delayed finalization of the budget,the Administration transmitted a fiscal year 2020 budget request to Congress,imposing a$2 billion reduction over current year spending. The budget seeks to impose significant spending reductions across the domestic discretionary budget and would increase defense spending,including homeland security programs. Under the proposed budget,United States Environmental Protection Agency's (USEPA).key water infrastructure financing program,the Clean Water State Revolving Loan Fund would be reduced half a billion dollars. Similarly,the Water Infrastructure Finance and Innovation Act(WIFIA) program would be slated to receive$25 million to support$2 billion in leveraged financing,representing a$40 million reduction. Specific programs that support regional water quality needs such as the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH protecting coastal waters) and the National Estuary Program would be eliminated. At the same time,the budget seeks to provide resources to maintain regulatory streamlining initiatives,including finalizing the contentious Waters of the U.S. rule that would define the extent and nature of which waters would be subject to regulation under the Clean Water Act and to enhance electronic reporting. 21Page Water recycling and other infrastructure programs would also be impacted at the U.S. Bureau of Reclamation. Under the proposed budget for the WaterSmart Program's water recycling and reuse program,the Administration is proposing to reduce funding from the current year level of$58 million to$3 million. The reason for the reduction is partly attributable to the fact that the authorization for project assistance under the Water Infrastructure Improvements for the Nation (WIIN) Act that supported WaterSmart has been fully utilized because of the decision in 2019 to appropriate $30 million. This action denies the authority to request additional funding. However,we anticipate that congressional budget leaders will reverse this action in any final spending bill,providing significant funding for the WaterSmart water recycling grants assistance. Department of the Interior Secretary The Administration officially transmitted to the Senate the nomination of Acting Secretary of the Interior, David Bernhardt,to become the formal head of the department. According to the Chair of the Senate Committee on Energy and Natural Resources,a confirmation hearing will be scheduled in the coming weeks. Bernhardt's hearing is expected to generate debate because of his actions related to streamlining the review process of listing or delisting endangered species,as well as positions related to water transfers in the west and particularly in California related to the delivery of water supplies to the Central Valley. Nonetheless,his nomination is expected to clear the Senate when a floor vote occurs as early as late spring. 31Page OCSD Federal Bills of Interest ACTIONSUMMARY LATEST OCSD POSITION Proposed Federal Legislation 2018-2019 To establish a grant program for the funding of water recycling House H.R. 1162 Rep. Grace Napolitano(D-CA) and reuse projects, and for other purposes. Referred to Committee Watch NYC on Natural Resources Water Quality Protection and Job Creation Act of 2019. Provides House-03/06/2019 nearly$23.5 billion in direct infrastructure investment over the next five Referred to the years to address wastewater infrastructure and local water quality Subcommittee on X.R. 1497 Rep. Peter DeFazio(D-OR) challenges.This bill allocates$20 billion in grants for the Clean Water Water Resources and Watch NYC State Revolving Fund. Environment To require the Administrator of the Environmental Protection House- 1/8119 Agency to shall designate per-and poiyfluoroalkyl substances as Introduced H.R. 535 Rep. Debbie Dingell (D-MI) hazardous substances underthe Comprehensive Environmental Watch NYC Response, Compensation, and Liability Act of 1980. Pacific Northwest Earthquake Preparedness Act of 2019. House-2/6119 Requires the FEMA to develop a plan for the purchase and installation Passed House by of an earthquake early warning system for the Cascadia Subduclion voice vote, received in H.R.876 Rep. Peter DeFazio(D-OR) Zone. The term "Cascadia Subduction Zone" Senate and referred to Watch NYC Committee on Homeland Security and Governmental Affairs Regulatory Certainty for Navigable Waters Act. Repeals the House-2/7119 Rep. Jaime Herrera Beutler(R- Waters of the United States rule and amend the Federal Water Referred to H.R. 667 WA) Pollution Control Act definition of navigable waters, and for other Subcommittee on Watch NYC purposes. Water Resources and Environment OCSD Federal Bills of Interest BILL AUTHOR SUMMARY LATESTACTION OCSD POSITION OTHER A bill to encourage the research and use of innovative materials Senate- 2/7/19 POSITIONS and associated techniques in the construction and preservation Referred to Committee S.403 Sen. Sheldon Whitehouse(D-RI) of the domestic transportation and water infrastructure system, on Environment and Watch NYC and for other purposes. Public Works To require the Corps of Engineer:to notify affected communities House-217119 before releasing water contaminated with cyanobacteria from Referred to H.R.977 Rep. Brian Mast(R-FL) flood risk management projects, and for other purposes. Subcommittee on Watch NYC Water Resources and Environment To amend the Federal Water Pollution Control Act to limit House-2/7119 attorney fees and penalties in citizen suits, and for other Referred to H.R.892 Rep. Duncan Hunter(R-CA) purposes. Subcommittee on Watch NYC Water Resources and Environment California New River Restoration Act of 2019. Requires the USEPA House-217119 to establish a California New River restoration program for the New Referred to H.R.358 Rep. Juan Vargas (D-CA) River. USEPA must(1) implement projects, plans,and initiatives for Subcommittee on Watch NYC the New River supported by the California-Mexico Border Relations Water Resources and Council; and (2) provide grants and technical assistance for Environment coordinating restoration and protection activities. A bill to amend the Federal Water Pollution Control Act to clarify Senate-2/7/19 the definition of navigable waters, and for other purposes. Referred to Committee S.376 Sen. Rand Paul (R-KY) on Environment and Watch NYC Public Works Ori Federal Bills of Interest BILL SUMMARY LATESTACTION OCSD POSITION OTHER -M POSITIONS National Infrastructure Development Bank Act. Facilitates efficient House- 2/7/19 investments and financing of infrastructure projects and new job Referred to creation through the establishment of a National Infrastructure Subcommittee on H.R.658 Rep. Rosa DeLauro Development Bank, and for other purposes. Economic Watch NYC Development, Public Buildings, and Emergency Management To amend the Water Resources Development Act of 1986 to House-2112/19 repeal the authority relating to reprogramming during national Referred to the H.R. 1137 Rep.John Garamendi(D-CA) emergencies. Subcommittee on Watch NYC Water Resources and Environment Coastal Communities Adaption Act. Improves the resilience of the House-2/25/19 built and natural environment to natural disasters and climate change Referred to using, among other measures, natural and nature-based features, and Committees on for other purposes. Science, Space, and Technology, H.R. 1317 Rep. Harley Rouda (D-CA) Transportation and Watch NYC Infrastructure, Oversight and Reform, Financial Services, and Natural Resources A bill to require the Administrator of the Environmental Senate-2/28119 Protection Agency to designate per-and polyfluoroalkyl Referred to Committee S.638 Sen. Tom Carper(D-DE) substances as hazardous substances under the Comprehensive on Environment and Watch NYC Environmental Response, Compensation, Liability Act of 1980, Public Works and for other purposes. OCSD Federal Bills of Interest A bill to provide adequate funding far water and sewer Senate-2/28/19 infrastructure, and for other purposes. Referred to Committee S.611 Sen. Bernie Sanders(I-VT) on Environment and Watch NYC Public Works To amend the Federal Water Pollution Control Act to reauthorize House-2126/19 certain programs relating to nonpoint source management, and Referred to H.R. 1331 Rep.Angie Craig (D-MN) for other purposes. Subcommittee on Watch NYC Water Resources and Environment To amend the Federal Water Pollution Control Act with respect to House-3115/19 permitting terms, and for other purposes. Referred to H.R. 1764 Rep.John Garamendi (D-CA) Subcommittee on Watch CASA-Support Water Resources and Environment Legend: ACC-OC-Association of California Cities, Orange County LOCC-League of California Cities NYC-Not Yet Considered CASA-California Association of Sanitation Agencies NACWA- National Association of Clean Water Agencies ACWA-Association of California Water Agencies CSDA-California Special Districts Association TC", WNSEND I f - C - TPA To: Orange County Sanitation District From: Townsend Public Affairs, Inc. Date: March 18, 2019 Subject: Legislative and Public Affairs Agenda Report State Political Update In February, the Legislature was busy preparing for the February 22 bill introduction deadline. Approximately 2,576 bills and resolutions were introduced before the deadline, including 1,799 Assembly Bills and 777 Senate bills. By comparison, there were 2,177 bills introduced before the deadline in 2018. Several hundred of these bills are spot bills that currently contain non- substantive language and will likely be amended over the next several weeks. The Legislature must allow introduced bills to sit for 30 days before it can be heard in a policy or fiscal committee. Major legislative and policy themes this year include utility and water management, affordable housing, homelessness, and fire prevention. Below is a list of key upcoming deadlines in the Legislature: • April 11 —Spring Recess Begins • April 26—Last day for policy committees to hear and report fiscal bills to fiscal committees • May 3—Last day for policy committees to hear and report non-fiscal bills to the floor Economic Update In February, the California Department of Finance released its first economic update of 2019.The report analyzes economic data from December 2018 as the report runs about two months behind the month in question. In December, California added 24,500 jobs following a gain of 25,700 in November. Year-over year payrolls expanded by 1.7 percent in California compared to 1.8 percent in the nation. California added most its jobs in the following industries: Leisure and hospitality, education and health, government, professional and business services, and financial activities. California's residential building permits totaled 96,000 units in December which reflects a 22.9 percent decrease from the year prior. Permits for single-family housing fell 26.9 percent while permits for multi-family housing increased by 37.4 percent. Total residential permits for 2018 averaged 114,000, only 500 units above the 2017 annual average. Preliminary General Fund agency cash for the first seven months of the fiscal year is$2.346 billion below the 2019-20 Governor's budget forecast of$79.36 billion. Revenues for January 2019 were $2.791 billion below the Governor's budget, due primarily to a shortfall in personal income tax estimated payments. Since the Federal tax law changes enacted in December 2017, the pattern of state estimated payments has changed with higher revenues in April expected to partially offset the lower revenues in December and January. Ocean Discharge Legislation In February, Senator Hertzberg introduced SB 332 as a follow-up to his SB 163 from 2015. SB 332 would place onerous restrictions on wastewater agencies who hold National Pollutant Discharge Elimination System (NPDES) permits. Specifically, NPDES permit holders would be required to reduce their baseline ocean discharge volume by 50 percent by 2030, and 95 percent by 2040. Baseline volume is based on the average annual volume of wastewater discharged through ocean ouffalls for calendar years 2010 through 2020. SB 332 also applies to the affiliated water suppliers, thereby extending the enforcement range of the State Water Board. Affiliated water suppliers is defined broadly as all water suppliers that provide water disposed of in the collection system tributary to wastewater treatment facility. To enforce this new sweeping legislation, the bill proposes to implement a $2,000/acre-foot of water penalty for discharges above reduction requirement. Stakeholders are currently meeting with Senator Hertzberg to assess the viability of this new legislative direction for ocean discharge. Organizations such as WateReuse, CASA, and the Orange County Water District has adopted either an oppose or an oppose unless amended position. TPA will continue to work with OCSD staff to communicate our position and concerns to Senator Hertzberg's office. Additional Priority Legislation AB 292 (Quirk)—Recycled water:raw water and groundwater augmentation This bill would eliminate the definition of"direct potable reuse" and instead would substitute the tern "groundwater augmentation" for "indirect potable reuse for groundwater recharge' in these definitions. The bill would require, on or before December 31, 2023, the state board to adopt uniform water recycling criteria for raw water augmentation.AB 292 is currently in the Assembly Water, Parks, and Wildlife Committee and will be heard on April 9. AB 510 (Cooley)—Local government records: destruction of records. (OCSD Support) AB 510, sponsored by CSDA and the Municipal Information Systems Association of California (MISAC), would exempt the head of a department of a county or city, or the head of a special district from existing recording retention requirements if the county, city, or special district adopts a records retention policy governing recordings of routine video monitoring and recordings of telephone and radio communications. AB 510 is currently in Assembly Local Government Committee and has not yet been set for a hearing. © March 2019 Report 2 OCSD State Bills of Interest AS 11 Chin [D] Community Redevelopment Law of 2019 Current law dissolved Introduced Watch State Priorities: ACCOC-NYC redevelopment agencies as of February 1,2012,and designates Continue to LOCC-Watch successor agencies to act as successor entities to the dissolved monitor the state CASA-NYC redevelopment agencies.This bill,the Community Redevelopment Law budget process ACWA-NYC of 2019,would authorize a city or county,or two or more cities acting and actively CSDA-Oppose jointly,to propose the formation of an affordable housing and protect the unless amended infrastructure agency by adoption of a resolution of intention that meets allocation of local specified requirements,Including that the resolution of Intention Include property taxes to a passthrough provision and an override passthrough provision,as special districts. defined. AB 68 Ting[D] Land use:accessory dwelling units.The Planning and Zoning Law Introduced Watch Legislative and ACCOC-NYC authorizes a local agency to provide,by ordinance,for the creation of Regulatory LOCC-Watch accessory dwelling units in single-family and multifamily residential Policies:Special CASA-NYC zones and sets forth required ordinance standards,including,among Districts-Oppose ACWA-NYC others,maximum unit size,parking,and height standards.This bill further state CSDA-Watch would prohibit an ordinance from imposing requirements on minimum regulations that lot size,lot coverage,or floor area ratio,and would prohibit an adversely impact ortlinance from establishing size requirements for accessory dwelling special district units that do not permit at least an 800 square feet unit of at least 16 financing, feet In height to be constructed. operations,and administration. OCSD State Bills of Interest AS 69 Ting[D] Land use: accessory dwelling units.Would authorize the Department Introduced Watch Legislative and ACCOC-NYC of Housing and Community Development to submit written findings to a Regulatory LOCC-Watch local agency as to whether the local ordinance complies with state law, Policies:Special CASA-NYC and to notify the Attorney General if the ordinance violates state law. Districts-Oppose ACWA-NYC The bill would require a local agency to consider the department's further state CSDA-Watch findings and would authorize the Ideal agency to amend its ordinance to regulations that comply with state law or adopt a resolution with findings explaining why adversely impact the ordinance complies with state law,and addressing the department's special district findings. financing, operations,and administration. AS 129 Bloom[D] Waste management:plastic microffiber.Would declare the intent of Introduced Watch State Priorities: ACCOC-NYC the Legislature to,among other things,shad legislation to recognize Support legislation LOCC-Watch the emerging threat that microfibers pose to the environment and water or regulations that CASA-NYC quality and would make related findings and declarations. restrict the use of ACWA-NYC microplastics in CSDA-Watch any product that is disposed of through Me sewer system. AS 134 Bloom[D] Safe,clean,affordable,and accessible drinking water.Would state Spot Bill Watch State Priorities: ACCOC-NYC findings and declarations relating to the intent of the Legislature to Support legislation LOCC-Watch adopt policies to ensure that every Californian has the right to safe, or regulations that CASA-NYC clean,affordable,and accessible drinking water. restrict the use of ACWA-NYC microplastics in CSDA-Watch any product Mat is disposed of through Me sewer system. OCSD State Bills of Interest AS 217 Garcia[D] Safe and Affordable Drinking Water Fund Would establish the Safe Spot BIII Water State Tactics: ACCOC-NYC and Affordable Drinking Water Fund in the State Treasury and would Support tax reform LOCC-Watch provide that moneys in the fund are available,upon appropriation by the that CASA-NYC Legislature,to the board to provide a stable source of funding to secure protects public ACWA-NYC access to safe drinking water for all Californians,while also ensuring the agencies CSDA-Watch long-term sustainability of drinking water service and infrastructure. AB 223 Stone[D] California Safe Drinking Water Act:microplastics The California Introduced Water State Priorities: ACCOC-NYC Safe Drinking Water Act requires the State Water Resources Control Support legislation LOCC-Watch Board to administer provisions relating to the regulation of drinking or regulations that CASA-NYC water to protect public health.Current law requires the state board,on restrict the use of ACWA-NYC or before July 1,2020,to adopt a definition of microplastics in drinking microplastics in CSDA-Watch water and,on or before July 1,2021,to adopt a standard methodology any product that is to be used in the testing of drinking water for microplastics and disposed of requirements for years of testing and reporting of microplastics in through the sewer drinking water,including public disclosure of those results.This bill system. would require the state board,to the extent possible,and where feasible and cost effective,to work with the State Department of Public Health in complying with those requirements. AB 231 Mathis[R] California Environmental Quality Act:exemption:recycled water. Introduced Watch State Priorities: ACCOC-NYC Would exempt from CEQA a project to construct or expand a recycled Support efforts to LOCC-Watch water pipeline for the purpose of mitigating drought conditions for which reform the CASA-NYC a state of emergency was proclaimed by the Governor if the project California ACWA-NYC meets specified criteria.Because a lead agency would be required to Environmental CSDA-Support determine if a project qualifies for this exemption,this bill would impose Quality Act a state-mandated local program.The bill would also exempt from CEQA (CEQA)to the development and approval of building standards by state agencies streamline current for recycled water systems. procedures and regulations for projects to refurbish or replace existing infrastructure facilities. OCSD State Bills of Interest AB 233 Cooley ID] Insurance: independent contractors Current case law creates a Introduced Watch Legislative and ACCOC-NYC presumption that a worker who performs services for a hirer is an Regulatory LOCC-Watch employee.Current case law requires a 3-part test to establish that a Policies:Public CASA-NYC worker is an independent contractor,including that the worker is free Works-Monitor ACWA-NYC from the control and direction of the hirer in perfonning the work.This legislation CSDA-NYC bill would clarify the application of the case law described above to connected with persons licensed by the Department of Insurance to licensed insurance government claims In specified capacities by providing that those persons are not against special employees when they have entered into a written agreementwith an districts regarding insurer or organizational licensee that includes specified provisions, risk and wrap-up including that the worker is classified as an independent contractor,that insurance each party has the right to terminate the agreement upon notice to the other party,and that the worker is responsible for the payment of necessary expenditures and applicable taxes. AB 291 Chu Emergency preparedness Would state the intent of the Legislature to Introduced Watch State Pirell s: ACCOC-NYC enact legislation that would establish a Local Emergency Preparedness Secure funding LOCC-Watch and Hazard Mitigation Fund to support staffing,planning,and other through grants antl CASA-NYC emergency mitigation priorities that helps local governments meet legislation for ACWA-NYC emergency preparedness goals and to boost emergency management infrastructure, CSDA-Watch programs throughout the state Nat remain underfunded or rejected. collection improvements and alternative renewable energy at the Fountain Valley,Plant No. 1 and Huntington Beach,Plant No. 2.❑ OCSD State Bills of Interest AB 292 Quirk[D] Recycled water: raw water and groundwater augmentation Current Introduced Watch Legislative and ACCOC-NYC law requires the State Water Resources Control Board,on or before Regulatory LOCC-Watch December 31,2023,to adopt uniform water recycling criteria for direct Policies:Water CASA-NYC potable reuse through raw water augmentation,as specified.This bill quality and ACWA-NYC would eliminate the definition of"direct potable reuse-and instead Supply-Support CSDA-Support would substitute the term'groundwater augmentation"for'indirect measures Mat potable reuse for groundwater recharge"in these definitions.The bill promote and would require,on or before December 31,2023,the state board to provide for Me use adopt uniform water recycling criteria for raw water augmentation of reclaimed water AS 510 Cooley[D] Local government records:destruction of records.Current law Introduced Watch Legislative and ACCOC-NYC authorizes the head of a department of a county or city,or the head of a Regulatory LOCC-Watch special district to destroy recordings of telephone and radio Policies:Security CASA-NYC communications maintained by Mat county,city,or special district after -Support ACWA-NYC 100 days if that person receives approval from the legislative body and legislation that CSDA-Sponsor the written consent of the agency attorney.This bill would exempt the would create head of a department of a county or city,or the head of a special district efficiencies around from these recording retention requirements if the county,city,or the retention policy special district adopts a records retention policy governing recordings of of surveillance routine video monitoring and recordings of telephone and radio video for communications. innocuous recordings. AS 557 Wood[D] Atmospheric Rivers:Research,Mitigation,and Climate Introduced Watch State Priorities: ACCOC-NYC Forecasting Program Would appropriate$9,250,000 from Me General Secure funding LOCC-Watch Fund to the Department of Water Resources in the 2019-20 fiscal year through grants and CASA-NYC to operate Me Atmospheric Rivers:Research,Mitigation,and Climate legislation for ACWA-NYC Forecasting Program.The department shall conduct research relating infrastructure, CSDA-NYC to improving Me accuracy of forecasting atmospheric river events and collection the causes and impacts that climate change has on atmospheric rivers, improvements and and shall take all actions within its existing authority to operate alternative reservoirs in a manner that improves flood protection in the state and to renewable energy operate flood control and water storage facllibes to capture water at the Fountain generated by atmospheric rivers,thereby increasing water supply, Valley,Plant No. 1 hydropower availability,and Me reliability of water resources in Me and Huntington stale. Beach,Plant No. 2. OCSD State Bills of Interest AS 992 Mullin[D] Open meetings: local agencies:social media Would provide that the Introduced Watch ACCOC-NYC Ralph M.Brown Act does not apply to the posting,commenting,liking, LOCC-Watch interaction with,or participation in,internet-based social media CASA-NYC platforms that are ephemeral,live,or static,by a majority of the ACWA-NYC members of a legislative body,provided that a majority of the members CSDA-NYC do not discuss among themselves business of a specifc nature that is within the subject matter jurisdiction of the legislative body of the local agency. AB 1080 Gonzalez[D] California Circular Economy and Plastic Pollution Reduction Act Introduced Watch State Priorities: ACCOC-NYC Would establish the California Circular Economy and Plastic Pollution Support legislation LOCC-Watch Reduction Ad,which would require the Department of Resources or regulations that CASA-NYC Recycling and Recovery,in consultation with the State Water restrict the use of ACWA-NYC Resources Control Board and the Ocean Protection Council,to adopt miuoplastics in CSDA-NYC regulations to source reduce and recycle 75%of single-use packaging any product that is and products sold or distributed In California by 2030. disposed of through the sewer systerl Bills Beall[D] Local-State Sustainable Investment Incentive Program Would Introduced Watch State Priorities: ACCOC-NYC establish in stale government the Local-State Sustainable Investment Continue to LOCC-Watch Incentive Program,which would be administered by the Sustainable monitor the state CASA-NYC Investment Incentive Committee.The bill would authorize a city,county, budget process ACWA-NYC city and county,joint powers agency,enhanced infrastructure financing and actively CSDA-Watch district,affordable housing authority,community revitalization and protect the investment authority or transit village development district to apply to allocation of local the Sustainable Investment Incentive Committee to participate in the property bases to program and would authorize the committee to approve or deny special districts. applications for projects meeting speck criteria. OCSD State Bills of Interest SB 13 Weickowski[D] Accessory dwelling units Would express the intent of the Legislature Introduced Watch Legislative and ACCOC-NYC to enact legislation that would reduce impact fees and other existing Regulatory LOCC-Watch banners for homeowners seeking to create accessary dwelling units for Policies:Special CASA-NYC the purpose of creating additional residential housing within their Districts-Oppose ACWA-NYC neighborhoods. further state CSDA-Watch regulations that adversely impact special district financing, operations,and administration. SB 33 Skinner Solid waste:reduction and recycling.The California Integrated Introduced Watch Legislative and ACCOC-NYC Waste Management Ad of 1989,administered by the Department of Regulatory LOCC-Watch Resources Recycling and Recovery,generally regulates the disposal, Policies: CASA-NYC management,and recycling of solid waste.This bill would state the Biosolids and ACWA-NYC intent of the Legislature to enact legislation that would address the Biogas-Limit CSDA-Watch collapse of foreign recycling markets by reducing solid waste redundant generation,encouraging transition to compostable or recyclable reporting materials,and fostering domestic recycling markets. requirements on 53231 organics, recyclable material,and solid waste as mandated by AS 901. Be 134 Hertzberg[D] Water conservation:water loss performance standards: Introduced Watch Legislative and ACCOC-NYC enforcement.Current law authorizes the State Water Resources Regulatory LOCC-Watch Control Board to issue information orders,written notices,and Policies:Water CASA-NYC conservation orders to an urban retail water supplier that does not meet Supply- Support ACWA-NYC its urban water use objective,and existing law authorizes the board to legislation and CSDA-Support impose civil liability for a violation of an order or regulation issued regulation that pursuant to these provisions,as specified.Current law requires the necessitate the board,no earlier than January 1,2019,and no later than July 1,2020, responsible use of to adopt rules requiring urban retail water suppliers to meet water in performance standards for the volume of water losses.This bill would residential, prohibit Me board from imposing liability for a violation of the commercial,and performance standards for the volume of water losses except as part of industrial areas the enforcement of an urban water use objective. OCSD State Bills of Interest SB 200 Safe and Affordable Drinking Water Fund.Would establish the Safe Introduced Watch State Tactics: ACCOC-NYC and Affordable Drinking Water Fund in the State Treasury and would Support tax reform LOCC-Watch provide that moneys in the fund are available,upon appropriation by the that CASA-NYC Legislature,to the State Water Resources Control Board to provide a protects public ACWA-NYC stable source of funding to secure access to safe drinking water for all agencies CSDA-Watch Californians,while also ensuring the long-tens sustainability of drinking water service and infrastructure. SS 332 Herzberg[D) Wastewater treatment:recycled water.Would declare,except in Introduced Watch State Legislation: ACCOC-NYC compliance with the bill's provisions,that the discharge of treated Work with LOCC-NYC wastewater from ocean outfalls is a waste and unreasonable use of legislators who CASA-Oppose water.The bill would require each wastewater treatment facility that introduced ACWA-NYC discharges through an ocean oufall and affiliated water suppliers to legislation such as CSDA-Oppose reduce the facility s annual flow as compared to the average annual SB 163 wastewater discharge baseline volume,as prescribed,by at least 50% (Hertzberg,2015) on or before January 1,2030,and by at least 95%on or before January in order to ensure 1,2060.The bill would subject the owner or operator of a wastewater that no unrealistic treatment facility,as well as the affiliated water suppliers,to a civil regulations are penalty of$2,000 per acre-foot of water above the required reduction in placed on overall volume discharge for the failure to meet these deadlines. wastewater treatment facilities, including OCSD OCSD State Bills of Interest SIB 732 Allen[D] Transactions and use tax.Current law authorizes cities,counties,and Introduced Watch Legislative and ACCOC-NYC certain districts to impose a transactions and use tax in accordance with Regulatory LOCC-Watch procedures set forth in the Transactions and Use Tax Law,which Policies:Air CASA-NYC conforms to the Sales and Use Tax Law.This bill would make a quality-Support ACWA-NYC technical,nonsubstantive change to the Transactions and Use Tax Law air quality CSDA-NYC legislations, regulations,rules, and policies that emphasize the use ofadvanced technologies and promote greater flexibility and financial incentives to reduce air emission. Legend: ACC-OC-Association of California Cities,Orange County LOCC-League of California Cities NYC-Not Yet Considered CASA-California Association of Sanitation Agencies ACWA-Association of California Water Agencies CSDA-California Special Districts Association OCSD's Grant and Loan Funding Tracker 2018-2019 Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grantl Applying for Financing Y/N STATE $1 billion from the Cap and Trade program(Greenhouse The Cap and Trade Expenditure Plan Gas Reduction Fund)was proposed to be appropriated in will need to go through the legislative $25 million-Waste Diversion Projects.Specifics process.It is uncertain haw much unknown at this Cap and Trade Funding the Gove plan January Budget.ACap and Trade MD TBD TBD TBD funding will be available for fire TBD fima EnerWRecyding TBD Expenditure plan will be considered later this legislative session be s projects,or what the funding will will be used for. The proposition 1 IRWM Gram Program,administered by TPA and OCSD are monitoring the Di provides funding for projects that help meet the long gram program development from the term water needs of the state,including: Santa Me Watershed Project Integrated Regional Water Management Authority(SAWPA).The solicitation NA.Will realm (IRWM)GlWater am Assisting water infrastructure systems adapt to climate NA NA No NA for bids was announced by SAWPA 50% In 2021 for Water TBD change; and staff determined mat an Round 2 Providing Incentives throughout each watershed toapplication for funding was not collaborate in managing the m ion's water resources and warranted due to a lack of eligible all regional promise for water infrastructure and competitive projects. FEDERAL The Title"I Water Recamatlon and Reuse Projects funding opportunity allows for sponsors of water reclamation and reuse projects that are congressionally Reclamation is making up to$20 million The Sanitation District is applying for authorized or are eligible under region a009(c)of the Title 18 will pay up b The Water Infrastructure ImprovemerHs available for those projects authorized under Final Extortion ores( 2-GWRS Heahelpto Segregation water to Act(WIIN) WIsignanorequest costonofttlfunding for cts. the WIINAmand E34 million for the E550,Oo0 Ves HeeAvorks(P2-122) will help to bring come weterto the 25 available of the ]/2]I2o18 Water/Imrastruclure No reclamation naer construction mthoaeideimrovedWater congressionally authorized Title XVlprolecta. GWRS. available money reclamation and reuse projects provide improved efficiency,flexibility p water shortages and diversifies the water supply. supply. USEPA is authorizedding cost-shareis not d r to provide grante assistance of public TBD.We will monitor for possible iBD Funding mum be appropriated as part TBD TBD Water/Inf2slmdure TBO Stortnwater and CEO Gent Program agencies tocontromr l smwater flowa and Caere Funding iantlfed In the law TBO funding opporlunities/A of current FY 2019 budget impasse Project Funding Opportunity. A minimum of$20 million to as much as$100 Energy production to retluce million based upon prior years budgets. costs of recycled water USER could receive as much as$130 million through Innovative The DOE'a Office of Energy Efficiency is likely m in support of the WaterSmatl(due to technologies like Aquacritax, We will review the possible funding The Department a of Energy(DOE), be increased TBD.We will mention impartial possible continue as blame. bi eli Congress green support suchvears,Uguntler WIN)duaingthenext TBO 9oPVo Innovatvew water can produce opportunity In determine if kisafit far TBD Energy TBD USER and USEPA afforls as Di as,biosolids and green error funding rtunNea og g gy. snores iveare.Uaches to issue "tersfor technology) are morripang the Sdolmtign District. Ind a ter approaches to managing water and data real tlme monitaring and water treatment through technology and and data analysis, nges processes. Managementt and antl Bi Use Improvements. upi a/]o/]ma GOJN-�.( SANITAr�Cy N� : O 1 Presented By ■ rNe Eric Sapirstein ENS Resources, Inc . April 8, 2019 Key Legislative Activities INFRASTRUCTURE INITIATIVES • STATE REVOLVING FUND (SRF) REAUTHORIZATION : SLATED FOR LATE MAY IN THE HOUSE • WATER TECHNOLOGY AND INNOVATION HEARING • FUNDING FY 2020 PERMITTERMS • • CORE SUPPORT GROWS • ENVIRONMENTAL NGO'S POSITION LETTERS OF SUPPORT • ' KEY LEGISLATION • WATER RECYCLING H . R. 1162 (Napolitano/Levin/Rouda/Cisneros/Lowenthal) • CLEAN WATER SRF REAUTHORIZATTION H . R. 1497 (DeFazio/Lowenthal/Rouda) Questions � � GOJNjy SANITAT/p2 W � O � s � 9 o ' TOWNSEND PUBLIC AFFAIRS EST TPA 1998 ti 9orECT�q'C THE ENJ\POa��2 TPA Presentation to: Orange County Sanitation District . . SOUTHERN CALIFORNIA - NORTHERN CALIFORNIA April 8, 2019 Agenda Legislative Schedule Water Tax Update 2019 Legislation Slide 2 Legislative Schedule Slide 3 Legislative Schedule • Bills are currently making their way through their policy committees • Bills that have a fiscal tag will need to pass their policy committees by April 26 • Bills that do not have a fiscal tag will need to pass their policy committees by May 3 AN - f1 : ! it Water Tax Update Slide 5 Water Tax Update — SB 00 • Senator Monning amended SIB 200 on March 11 • New provisions in the bill provide more details about what the Safe and Affordable Drinking Water Fund can do • Requires the SWRCB to administer the Fund and consider how the funds are spent ti c • Does not include any funding source — + including agricultural fees or a drinking water tax Water Tax • • . . • • • SB 669 creates a Safe Drinking Water Fund (Trust) • ACWA Sponsored — No movement or change • Money would be provided from : • Federal Contributions • General Fund Transfers • Voluntary Contributions • Greenhouse Gas Reduction • Gifts Funds • Grants • State Bond Funding • Net Revenue from Interest • SB 669 will be heard in the Senate Environmental Quality Committee on April 10 UpdateWater Tax • Senator Eduardo Garcia amended AB 217 to include provisions to address safe drinking water • AB 217 takes an all-encompassing approach to the issue: — Same agricultural fees as SB 623 — $200 million/year for 5 years from the General Fund — $0.50 per month for urban water customers • Passed the Asm . ESTM Committee on a party-line vote 6-3 `-<< • Sent to the Assembly Appropriations Committee 2019 Legislation Slide 9 AB 510 (Cooley) video• AB 510 would allow cities, counties, and special districts to adopt their own retention policies • Author has pulled the bill and decided to make it a two-year — Received major pushback from consumer attorney groups who were concerned about transparency • CSDA intends to work with stakeholders and try again next Slide 10 Advocacy Day Recap • Meetings included : — State Water Resources Control Board Member Sean Maguire — Assembly Budget Subcommittee 3 — Resources and Transportation AB 1486 (Ting) Would require local agencies to offer surplus Will be heard in Assembly Local Met with Assembly Member land to affordable housing developers and Government on April 10 Ting's office to discuss concerns schools first before disposing SB 332 (Hertzberg) Would require a 50% and eventual 95% Passed Senate Environmental Met with the offices of Senator reduction in ocean ouffall discharges Quality Committee and will be Hertzberg and Umberg, as well heard in Senate Judiciary as Senate Judiciary Committee to Committee express concerns AB 129 (Bloom) Would require the SWRCB to identify best Will be heard in the Assembly Met with Assembly Member practices for clothing manufacturers to reduce Environmental Safety and Toxic Bloom's office to offer ourselves microfiber shedding during washing Materials Committee on April 9 as a resource AB 1672 (Bloom) Prohibits the labeling of products as flushable Will be heard in the Assembly Met with Assembly Member unless the product meets certain performance Environmental Safety and Toxic Bloom's office to offer ourselves standards Materials Committee on April 9 as a resource • Follow up 4O,N`, SAW, Oa O - T 0 W N S E N D P TPA 90lECT/ C THE EPV\PPP�� Thank You Cori Williams Eric O'Donnell Southern California Director Senior Associate CWilliams@townsendpa.com EODonnell@townsendpa.com www.townsendpa.com www.townsendpa.com ing LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE M' 8119ce 24/1 T04/ 9r AGENDA REPORT ItemNumber Item Number s s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Jennifer Cabral, Public Affairs Supervisor SUBJECT: PUBLIC AFFAIRS UPDATE GENERAL MANAGER'S RECOMMENDATION Receive and file the Public Affairs Update for the month of March 2019. BACKGROUND Staff will provide an update on recent public affairs activities. RELEVANT STANDARDS • Maintain influential legislative advocacy and a public outreach program • Build brand, trust, and support with policy makers and community leaders • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities Listen to and seriously consider community input on environmental concerns PROBLEM Many Orange County residents are not aware of the Orange County Sanitation District (Sanitation District) and the important work that we do to protect public health and the environment. The public is unaware that we are a resource recovery facility that aside from collecting and treating wastewater generated by 2.6 million people in our service area, we also create energy, recycle water for further treatment, and generate nutrient- rich biosolids. In general, the community does not realize the implications with improperly disposing of waste into the sanitation system. They are unaware that our treatment process can be negatively impacted, thus affecting the quality of water we supply for the Groundwater Replenishment System. PROPOSED SOLUTION By providing tours, community outreach education, and general communication via the Sanitation District's website, social media outlets, and mainstream media, we can educate the community, local agencies, and businesses on our overall goal.We also have the opportunity to share information about our What2Flush program, energy production, Page 1 of 3 water recycling, biosolids, and our source control program. This, in turn, results in a better quality of wastewater. TIMING CONCERNS N/A RAMIFICATIONS OF NOT TAKING ACTION If we do not educate the community, local agencies, and area businesses about the Sanitation District, we lose an opportunity to educate thousands of people about our plants, source control, and the wastewater industry as a whole. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION March 2019 Activity # # of Guests OCSD/OCWDTours 3 102 OCSD Tours 12 227 Speaking Engagements 5 200 Outreach Events 2 600 During this month staff attended: • Irvine Rotary Club • Fountain Valley Mayor breakfast • Orange County Science and Engineering Fair National Association of Women in Construction speaking engagement • Huntington Beach Area Council Committee Meeting • Children's Water Festival Save the Date — 65th Anniversary Open House The Sanitation District is turning 65 so we're planning to host an Open House to celebrate. On Saturday, July 27, the Sanitation District will host an Open House for the community to attend. This will be a family-fun event, opening our doors to the community that we serve. We'll have educational booths, games, Plant tours, and food. Please save the date and get ready to be part of the Sanitation District's 65 Years of Impressions. Additional information will be forthcoming. Page 2 of 3 Recent Awards • Santa Ana River Basin Section of the California Water Environment Association awarded: • Quarter Century Award, Tony Lee • Community Engagement and Outreach Project of the Year: Plant No. 2 Neighborhood Outreach Program (Project leads: Tanya Chong & Daisy Covamubias) • Supervisor of the Year 1st Place, Ted Gerber • Supervisor of the Year 2nd Place, Kevin Schuler • Mechanical Technician Person of the Year, Gilbert Barela • Operator of the Year, April Frost • SARBS Spotlight Award, Dindo Carrillo • The American Academy of Environmental Engineers awarded OCSD's Odor Control Program the Superior Achievement Award. This is the highest honor given by AAEES. Upcoming Activities -April 2019 • Construction Network speaking engagement • AAEES Student Chapter Annual Conference • Orange County Council of Government General Assembly • Westminster Spring Festival • Plant No. 2 neighborhood tour • Irvine Earth Day Event CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Outreach Report March 2019 • Media Clips March 2019 • PowerPoint Presentation from Committee Meeting April B, 2019 Page 3 d 3 Outreach March 2019 Date Event Attendee 3/1/19 Plant 2 Tour 3 3/5/19 Gilbert HS Tour 15 3/6/19 CSUF Nursing tour 25 3/7/19 CSUF Nursing tour 27 3/8/19 Godinez HS Tours 50 3/8/19 Career Day Presentation 75 3/12/19 Mens Club Tour 17 3/12/19 Speaking Engagement-UCI 40 3/13/19 Speaking Engagement-Irvine Rotary 40 3/13/19 CSUF Nursing tour 21 3/14/19 CSUF Nursing tour 25 3/15/19 Godinez HS Tours 49 3/15/19 CA Assembly Member Norris Tour 2 3/20/19 USF-OC Nursing Tour 25 3/21/19 Speaking Engagement-FV Mayors Breakfast 20 3/21/19 OCSEF 300 3/21/19 Western HS Tour 17 3/26/19 1 New Employee/Open Tour 25 3/26/19 NAWIC Speaking Engagement 25 3/27/19 Children's Water Festival 2019 150 3/28/19 Children's Water Festival 2019 150 3/29/19 Director Bernstein And Guest Tour 2 3/29/19 Santa Ana College Tour 26 Monthly News Clippings O�JNIV S A N I TgT�oy Q x c, vwv FCT�N E ENv\�0� March 2019 OCSD Public Affairs Office Table of Contents GW RS...................................................................................PAGE 1 March 7, 2019 Solution No. 2 By: Matt Coker OC Weekly HUMAN INTEREST....................................................................PAGE 3 February 26, 2019 Orange County gets Wastewater Treatment Project of the Year from ASCE By: Andrew Farr Water Finance & Management March 6, 2019 ASCE Awards OCSD with Wastewater Treatment Project of the Year Recognition By: California Water News Daily Staff California Water News Daily March 11, 2019 Personal data for 1,000 pensioners accessed from OC Sanitation District By: Tony Saavedra/Teri Sforca Orange County Register March 15, 2019 Former Los Alamitos Mayor who helped lead push against state sanctuary law picked for federal job By: Roxana Kopetman Orange County Register OPINION................................................... ..............................PAGE 11 February 22, 2019 There is nothing fresh about a new water tax By: Tyler Diep Orange County Register TWITTER POSTINGS ................................................... .............PAGE 13 FACEBOOK POSTINGS ............................................................PAGE 15 INSTAGRAM POSTINGS ............................................................PAGE 19 OC Weekly March 7, 2019 15WEEKLY.,,,, SOLUTION NO. 2 [A CLOCKWORK ORANGE] IR I POSTED ON MARCH 7. 2019 ke Ir. 1. Directly across the street from the OC Weekly world headquarters in Fountain Valley is the Orange County Sanitation District.IT wait until you are done snickering. Around the corner is the Orange County Water District,and within the grounds of both are facilities for the Groundwater Replenishment System,which turns human waste into purified water for irrigation,industrial uses and,yes,drinking water. 1 Before going online in January 2008,the so-called"toilet-to-tap"system was mocked by snark-stingers such as yours truly,but the remarkable recycler has won international praise,awards and,the sincerest form of compliment,imitation,especially in drought-plagued regions. That is something to keep in mind with the latest poopy power proposal.The Southern California Gas Co.filed a plan with the California Public Utilities Commission on Feb.28 to derive renewable natural gas from methane produced by waste not only from people,but also dairy cows. The gas company contends the untapped clean energy source would help not only its 21 million Central and Southern California customers—who include residents,businesses and transportation providers—but also the planet because capturing methane before it enters the atmosphere would help reduce greenhouse gas emissions.Its billed as being much cheaper and more effective than requiring all-electric kitchen appliances. Likening the process to the consumer electricity programs created by solar panels and wind farms,SoCal Gas officials further propose that its customers be given the option of purchasing portions of their natural gas from renewable sources,something they contend will increase supply and drive down costs. Two questions:Will supply keep up with demand enough that the gas and water companies won't go to war over the same dookie?And will capturing cow methane eliminate that awful smell that gets into my car vents while driving near Chino? Just think: Poop from those dairy cows can create the natural gas that comes out of your stovetop as you heat milk from those dairy cows for the sauce with your entree that will come out of you and help create the natural gas....It's the circle of life,and the movements of us all. MATT COKER Nhn Coker has been engaging,emagmg and entertaining readers ofnewspapers,magazines and websites for decades.It spent the fiat 13 years ofhs career mjou hsm at daily newspapers before`gmduathg'to OC 4ykeldy m 1995 as the paper's for calendar editor.Ile went on to be managing editor,executive editor and is nowsenior staff mier. 2 Water Finance & Management February 26, 2019 WATER FINANCE & °"` MANAGEMENT Orange County gets `Wastewater Treatment Project of the Year' award from ASCE FEBRUARY 26,2019 BY ANDREW FARR The Orange County Sanitation District's(OCSD)Newhope-Placentia Trunk Sewer Replacement Project was recognized by the American Society of Civil Engineers(ASCE)as the Wastewater Treatment Project of the Year. The award was presented at the 2019 ASCE OC Branch Awards Dinner held on Thursday,February 21 at the City National Grove of Anaheim. The project replaces almost 7 miles of sewer pipeline on State College Blvd.in the cities of Fullerton and Anaheim to increase capacity of our regional system.Once the project is complete,an additional eight million gallons of wastewater will be diverted to OCSD's Plant No.1 in Fountain Valley for treatment before being sent to the Orange County Water District,our partners with the Groundwater Replenishment System,to increase the amount of wastewater recycled.In addition,we will have the ability to abandon the Yorba Linda Pump Station in the future which sits in the California State University,Fullerton campus. The$70 million construction project was split into two phases to minimize impact to the public. Phase A was completed in 2017 in the City of Fullerton and Phase B is currently in construction in Anaheim. The project has also provided an opportunity for OCSD to partner with Fullerton and Anaheim by consolidating their projects with ours. In Fullerton we performed our work at the same time as their Grade Separation project was taking place which required the closure of State College.This partnership and collaboration resulted in a single closure,minimizing the impact to the surrounding area. In Anaheim,we are applying the same approach by replacing water lines for the city as we replace our sewer minimizing impact to the community.In addition,the City of Anaheim will take over the old pipe alignment so they can use it as part of their stormwater retention program thus eliminating the need for us to abandon the old line. "The team has done an outstandingjob managing this project. Not only are we replacing a large regional sewer pipeline to ensure reliability within our system,we are also increasing our efforts in water recycling,limiting our risk of spills,and reducing maintenance by allowing for the future abandonment of a pump station and force main.The engineering needs as well as the public outreach considerations were huge factors during the design and now construction of this project.The close collaboration that has taken place with the cities,might not be seen,however do benefit the community.I am very proud of the team and their efforts,and appreciative of our city partners,"stated Rob Thompson,OCSD's Assistant General Manager. Phase B of the project extends along State College Blvd.from just south of the 91 freeway to Orangewood Avenue. Current construction is taking place between Orangewood Avenue and Turin Avenue.The entire project is scheduled for completion in fall 2020. For more information on the project please visit www.ocsd.com/StateColiege or visit us on Facebook and Twitter at @OCSewers. About OCSD OCSD is a public agency that provides wastewater collection,treatment,and recycling for approximately 2.6 million people in central and northwest Orange County.OCSD is a special district that is governed by a 25- member Board of Directors comprised of 20 cities,four special districts,and one representative from the Orange County Board of Supervisors.OCSD has two operating facilities that treat wastewater from residential, commercial and industrial sources.For more information about the Orange County Sanitation District call(714) 962-2411 or visit www.ocsd.com. Follow us at @OCSewers. Tags:Orange County Sanitation District 4 California Water News Daily March 6, 2019 ASCE Awards Orange County Sanitation with Wastewater Treatment Project of the Year Recognition By California Water News Daily on March 6, 2019 The American Society of Civil Engineers (ASCE) recently recognized Orange County Sanitation District's as the Wastewater Treatment Project of the Year. The award was presented at the 2019 ASCE OC Branch Awards Dinner held in late February at the City National Grove of Anaheim. Publicly known as the State College Sewer Construction the project is on target to replace nearly seven miles of sewer pipeline on State College Blvd. through the cities of Anaheim and Fullerton. Once completed the project will increase the capacity of the regional wastewater and related systems. It will increase the amount of wastewater that is recycled. It will increase by an additional eight million gallons of wastewater that will be diverted to OCSD's Plant No. 1 in Fountain Valley before being sent to the Orange County Water District(OCWD). OCSD and OCWD are partners in the Orange County Groundwater Replenishment System jointly working to increase the amount of wastewater being recycled in Orange County. The project was split into two phases to minimize public impact. Phase A in the city of Fullerton was completed in 2017 and Phase B is currently in construction in Anaheim. When completed the construction project is expected to total $70 million. An additional benefit to the completed project will be the abandonment of the Yorba Linda Pump Station on the California State University, Fullerton campus. The Newhope-Placentia Trunk Sewer Replacement Project has also provided an opportunity for OCSD to partner with the cities of Fullerton and Anaheim. In Fullerton,the OCSD project was performed at the same time as their Grade Separation project was taking place. By consolidating the timelines of both projects it necessitated just one closure of State College Blvd., thereby minimizing the impact to the local area. The same approach is being undertaken in Anaheim. The city was scheduled to replace water lines when OCSD was replacing its sewers in the city and the work for the two projects was done in tandem to ease the impact to the community.Additionally, Anaheim will be assuming OCSD's old pipe alignment to use as part of their stormwater retention program thus eliminating the need for OCSD to abandon the old line. Phase B, in Anaheim, extends along State College Blvd. from just south of the 91 freeway to Orangewood Avenue. Current construction is taking place between Orangewood Avenue and Turin Avenue. The entire project is scheduled for completion in fall 2020. 5 Rob Thompson, OCSD's assistant general manager praised the district's employees saying, "The team has done an outstanding job managing this project. Not only are we replacing a large regional sewer pipeline to ensure reliability within our system,we are also increasing our efforts in water recycling, limiting our risk of spills, and reducing maintenance by allowing for the future abandonment of a pump station and force main. The engineering needs as well as the public outreach considerations were huge factors during the design and now construction of this project. The close collaboration that has taken place with the cities, might not be seen, however do benefit the community. I am very proud of the team and their efforts, and appreciative of our city partners." 6 OC Register March 11, 2019 ORANGE COUNTY RWIMR Personal data for 1,000 pensioners accessed from OC Sanitation District District officials said they are 'working with the parties involved to fully understand the situation and the data breach' By TONY SAAVEDRA I tsaavedraPscng.com and TERI SFORZA I tsforza(alscng.com PUBLISHED:March 11,2019 at 6:33 pm I UPDATED:March 11,2019 at 8:12 pra Birth dates and Social Security numbers for 1,000 Orange County Sanitation District retirees were accessed in a phishing scheme,the district confirmed Monday. District retirees,former employees and board members were being notified of the data breach in the utility s deferred compensation plan,which occurred in December after a file at NFP Corp.was accessed via a phishing email,said a district fact sheet. NFP is the district's $160,000-a-year financial consultant for its deferred compensation funds. District participants were advised Monday to add Equifax fraud watch,800-685-1111,to their credit.The first year is free. District officials said the deferred compensation plan is on a separate system than its sanitation operations,which cannot be accessed online and have several protections from computer hacking.The retirement fund breach is under investigation. "OCSD is still gathering information and working with the parties involved to fully understand the situation and the data breach,"said district spokesperson Jennifer Cabral."OCSD will 7 continue to actively work with all plan participants to ensure they have the resources they need to monitor and protect their identity and credit" The FAQ sheet said it appeared that a subdivision of NFP,while upgrading its fund strategy, requested certain information from Voya Inc.,the district's plan record keeper. No personal identifying information was requested,but name,birth date and Social Security numbers were among the data sent by Voya around September 2017.The information sat in an NFP employee's inbox until it was accessed in December 2018 by an unauthorized user via a phishing email,the district said. "If proper protocols were followed,this would and should not have occurred,"said the district document. When the breach was discovered, NFP hired a security consultant that helped notify law enforcement and participants,which the district said could take months because of the size of the group. The district said it was notified of the gaffe on Feb.22. NFP is making corrections on several fronts and Voya has implemented refresher training, updated protocols,and safeguards against the manner by which the inbox was accessed, according to the FAQ sheet. The training includes a reminder that sensitive information needs to be redacted,saved to a secure server,and deleted from emails. NFP stated that its requests for data explicitly directed Voya to not provide any personal identifiable information. "OCSD has determined that Voya utilizes Social Security numbers as participant numbers for the purpose of reporting to the IRS. OCSD has since requested that Voya change OCSD's participants'identification number from Social Security numbers to OCSD employee identification numbers as soon as possible,"the district said. 8 Orange County Register March 15, 2019 ORANGE COUNTY RWISUER Former Los Alamitos mayor who helped lead push against slate sanctuary law picked for federal job President Trump wants Troy Edgar to oversee finances for the U.S. Department of Homeland Security. r Troy Edgar, the former mayor of the small Orange County city that led an anti-sanctuary movement in California, is slated to be the next chief financial officer for the U.S. Department of Homeland Security. (Courtesy of Troy Edgar) By ROXANA KOPETMAN I rkonetman0scng.com I Orange County Register 9 PUBLISHED:March 15,2019 at 6:11 pm I UPDATED:March 16,2019 at 4:18 pm Former Los Alamitos Mayor Troy Edgar,who last year led his city to defy California's sanctuary law- sparking similar efforts statewide-is President Trump's choice to be the next chief financial officer for the U.S. Department of Homeland Security. "I'm very excited for the opportunity to serve at a national level and serve with a great organization like Homeland Security;' Edgar said Friday. Trump nominated Edgar on Thursday.His nomination needs to clear the Senate's Homeland Security and Governmental Affairs Committee and then head for a vote before the full Senate. The nomination is not expected to undergo a hearing,said David Popp,spokesman for Senate Majority Leader Mitch McConnell. Last year,Edgar was possibly the most visible spokesman against California's SB-54 law which protects some people living in the country illegally by limiting cooperation between local law enforcement with federal immigration agents.Edgar went on national and international media to speak against it and was invited to the White House several times,including a round-table talk with President Trump. Those meet-and-greet opportunities helped Edgar establish relationships in D.C.,though he believes his work experience—as an executive and a consultant—is why he's being pushed for the job. "This is more suited to what I do professionally than what I do politically." Edgar,52,owns two companies: Global Conductor Construction Corp.,which works with telecommunications,electrical and other companies,and Global Conductor Inc.,which provides management consulting services. He served on the Los Alamitos City Council for 12 years,three times as mayor.He also has served on other boards, including two years as chair of the Orange County Sanitation District Edgar's tenure on the Los Alamitos Council included a years-long period in which the council was split over various issues. But none of those issues brought as much attention as the citys vote last spring to essentially"opt-out" of California's sanctuary law. 10 OC Register February 22, 2019 ORANGE COUNTY RWIMR OPINION There is nothing `fresh' about a new water tax By Tyler Diep PUBLISHED: February 22, 2019 at 3:39 pm I UPDATED: February 22, 2019 at 3:39 pm Governor Newsom proudly declared in his State of the State address that we "need a fresh approach when it comes to meeting California's massive water challenges." I agree that there are serious water challenges in the state, especially when a significant number of Californians do not have access to safe and reliable drinking water. Some estimate that it's over 1 million and mostly in the Central Valley, concentrated in poor and disadvantaged communities. As a state with the fifth largest economy, we owe it to those who do not have access to this fundamental necessity. Not surprisingly, the Governor's "fresh approach" was nothing close to fresh but the same old Sacramento dance: creating a new tax. He proclaimed that "It's going to demand political will from each and every one of us [in the State Legislature]" suggesting that a new tax would solve this problem. The Governor is wrong, and I urge that he look beyond the financial elements and evaluate the root cause of why our fellow Californians do not have access to safe drinking water. As all of us know, we pay for the water we use. But the water doesn'tjust miraculously appear on its own when we turn on the tap. The cost of the water we pay includes the people, infrastructure, investments, and technology it takes to get it into our homes and businesses. 11 Just like any enterprise, there are economies of scale for water delivery. Whether you are served by a public or private water provider, the cost of each gallon of water depends on many factors. The total cost includes how many people the provider serves, how many gallons each consumer uses, among other things. In November 2017, the State Water Resources Control Board identified 329 water systems throughout the state that were in noncompliance and failed to provide safe drinking water to those they serve. Of those water systems, 83 percent of them serve less than 1,000 people. This translates to over 60 percent of their revenue being used exclusively for overhead, resulting in a very inefficient service-delivery model and very high per-customer overhead. Water delivery is extremely complex and requires significant investments over time. Therefore, it requires larger economies of scale to ensure safe drinking water is delivered to every Californian. A UC Davis study revealed that 60 percent of these failed water systems were less than 500 feet away from a water system that can provide safe drinking water. This is a significant reason why those in the Central Valley do not have access to reliable water. AB 2050 or the Small System Water Authority Act of 2018 authored by former Assemblywoman Anna Caballero would have consolidated these water systems. This bill would have authorized the creation of small system water authorities that would have powers to absorb, improve, and competently operate noncompliant public water systems. The bill gave the small water systems authority to issue bonds to pay its liabilities. If the issuance of bonds was left to voter approval it could have garnered more support. In the end, former Governor Brown vetoed this bill because he believed it did not provide "a stable funding source to pay for ongoing operations and maintenance costs." Let's examine if there is a stable funding source to ameliorate this problem. In our state's history, we have had over 16 water bonds go before the voters from 1960 to 2018. Only one failed. The most recently approved California Water Bond of 2018 (Proposition 3) authorized $8.877 billion in general obligation bonds for safe drinking water. In addition, Proposition 1 and Proposition 68 earmarked over $4 billion for disadvantaged communities facing water problems. On top of that, we have an unprecedented budget surplus. The Association of California Water Agencies and the California Municipal Utilities Association are sponsoring legislation to create a Safe Drinking Water Trust that would be funded during years where the state budget has a surplus. Isn't this proof that there is enough money to fix this problem? 12 Twitter Posts February/March 2019 OC Sexton aoce— Posts.. 28 day Summary em mmyaow.preaom l,enoe 23 26.5K to 2% 283 18 1,544 to Mar Wig-+sam sow Top Tweet e.mm?157 orm-Wor Top memlon..mea us o"ms mam. Get your Tweeter in front of Construdion Alert for CClty_oF_AnaIwlm, ■ Rap.Had"Result. more people Weekend work is stiXetluMd at the Meeiammr .,., Pro M red Tyr..r.er Pe•wwe nrm m Trenei to iee.e Peoyo Lane reductions M stow and turn ra e,tionse. At to fotranding forme Cawing today terNo usearemanmoes turn info at talool and for funding lmteOCWDWg pi,ewe se!demisemutes.More Inb et eM got to, naiwelerlinnotmgasn" k. orsdmMSteteCollege we'vee thinkabderimto spend ADCSDecnColleaellOC9DConatnNon infrastructure we think ollarsX and spans wax�cuwxa� pic IwiXer mM52rglzGcm inheslmdum dollars,end I'm pleased OC k taking me lead piclwi er mm/J4TRQ7OPyn 21 162K 279 18 14 r VMwiweelecrHlry New AlTweetaros r w9 030 tors Nwv u. 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Mx T. r, a Top media Tweet_bwn a,.eiii V T.wbwry v in Two aeMry We are in our fiM month of wnybuxbon on Stales Colkga in @Cily_of_Aneheim&the progress continues.This week sewer Top Follower kllwea by 50 p Ml installation heeds under of Ball Road More info at orsd comistatemllege dOCSDSta1eCo1knW p SDConatruction Dic twitter coMBi1di E COLLEGE STAT Nurse G. k oaaoarulon wuwarav XeaM IgYrs on dnare eaerx yw�MaYn,mMm. wryloyeen.am�a.eay o-,.x haann,�edl:,eFaaes, �ewurrgl ReMee1 mltirMrseiml View pofik NewklNwx naMWxN v Tweinw iw Vmm er Tw wo ily 14 Facebook Posts February/March 2019 Page Eumme Last 2R tlays Results from Fab 20,2019-Mar 19.2019 Note Neesnolincludetorhy'stlala lnsigMsoctrvItIoun ilvd if ''I non. time zone of your ad account Actions on Page I Page Views Page Previews Febmari March 19 February20 M:mt1 4 446 32 Local Mfions on Page.0% Total Pane Vices a 21% �31 Page Likes I Post Reach Recommendations I i.,y vi Malch19 - 21 7,606 Page Likes•00% •i2' see We have msuffoent data to show for the seized in.perwd Post Engagements Videos I Page Pollinators Febmary PO March 19 Febr 20-March 19 3,062 645 21 20% .mid Video Vli•14% Page Followers•24% 15 ■ Reach:Organic/Paid - S Post Clic(s Reactions,Comments&St Published Post Type Targeting Reach i Ent aganent M192019 IN It makes perfect same- ke 3 11 00 PM ttnabonal0xaleakweek 131 4 03I192O19 Pee,pap and Paper.Yes,we said il, n M 900 PM - Me P words.The only three things Mat r N 766 65 0 3/182 01 9 Construction Alart Night work in City r a 115 1 1290 PM of Anaheim-Municipal Govemmeht at 1 OW182O19 We are turning 65 and we want you to - 13 9:00 AM celebrate with usl Mark your calendar r 534 OW17noi9 Still seartl'ing for Me pat or gold 11 189 900AM though.-kSIPaMtlsDay ONI W019 Mich posigon is ralling your name9 r 763 78 9:11 PM Apply at www.00SD romMpbs 35 I OWT1 019 Thank you Assemblywoman C ftbe r a 196 24 I 6.02 PM Pebie-Now for visiting us today,we 12 OW152O19 Constuclon Alert Weakend Weak in r 3" 4 101 PM City of AmMeim-Municipal I 5 OTIWO19 In the olden days OCSD employees 25 1142AM had to hand stripe bar screens,(part r 223 I 15 O3N22O19 Did you knew that 30 years ago today r 1/q 1108 AM British physicist Tim Demers Lee, 3 O3f112O19 Jain us on Monday,March 18 at r y 1319 5 1201 PM 3.30pm for a speual Steering 1 OW112O19 You won't catch us napping today or 11 a 51 AM any day because we wok 2Ul to 239 I 7 0&092019 Daylight Saving Time be9ire 2 sae PM tomorrow_adjust yourciorksso r 226 I 8 03/0 92019 ■ Enough already,don't flush Me wip IF es' 5.6K TBT 900 AM Please.011dationalGetOveroDay 353 3/0 92 01 9 Construction Akn Mr CMl of Anaheim- r 0 224 6 330 PM Municipal Government Work is I 9 16 03AOMO19 M Consfiuction Alert for City of Maheim- to N 224 6 330 PM Muniapal Government.Work is 4 03A3B2019 On 1pntemalionalWanensDay we 61 1 900 AM honor all the talented kmales who r 322 55 1 031062019 Jain us for the Administration tin 162 4 415 PM Committee meeting neat Wednesday, to- 1 03MQ019 We know that water is an invaluable to- 8 9:00 AM resour and that each one of us 21 OXIMZ!O19 This gives#FalTusulay a whole 64 271 21 4:19 PM different meaning.Poor little sewer at T � 03/042019 1112th The Legislative and Public Agana - 2 2:J]PM Committee is next Wednesday,March * 134 3 03r042019 Setting goals is the first step in * yi ISO 2 900 AM turning the invisible into the visible" 6 03/022019 ® Remember,when Its raining we ask t N 210 9 AM Mat you please help us out by 12 03g12019 IN#EmpbyeeAppreciationDay so we r N 298 B9 1 900AM want to thank our fabulous and 34 02282019 Thank you City of Anaheim-Muniapal t 184 5 12 00 PM Government fa spreading the word 5 022fl2019 W Traffic Alert in CM of Maheim t H 164 4 8.17 AM Muniapal Government.Paving is 3 022]2019 Jain us fa OCSO's Opendons a 4 363 PM Committee meeting on Wednesday, r 168 3 OW7 019 It's#WastewaINWordVVednesday so - 40 1050 AM let's talk FOG.But let's mak ite a �1 61T 31 02262019 Here's something you didn't Imow you to- 625 52 1 12044 PM needed,a ilroilethipTuestlay.Reduce 28 02252019 ■ Night work in City of Anahe rn- t 169 T 448 PM Municipal Government.C.will be 4 02252019 "you are not here merely to make a 5 900 AM living_You are here in order to enable 160 5 17 0wil 2019 Reminder that we are closed!today a 141 0 I 9:01 AM ILk celebrating all of our wonderful 3 I 02fl52 r th 019 We are celebratinge Presidents on r 147 4 I 29D PM Monday so our offices will be closed. 3 I 02M1 019 Les wrap up#NalionalHemWeek wM 34 1120 AM another#OCSD Sewer Hem.Check �� 209 I 18 I 0X152019 Construction Alert in City of Anaheim- r 131 1 I 398 AM Municipal Goyemment.Weekend work 3 I 02/142019 It warms our hearts chat our member r 434 94 530 PM agencies were so helpful during our 40 OW142019 Traffic Ned Update H The 146 3:04 PM intersection of Main St and Red Hill in fp N 1.SK 14 I 02(142019 Happy Valentine's Dayl fNalenfine 7 r 132 1131AM #OCSD 3 I 02fl42019 TRAFFIC ALERT.Main Street and Ip N 1.5K 158 826 AM Red Hill intersection closed in City of . 30 P1132019 y TRAFFIC ALERT City of Irvine City r IA 702 ' 41 412 PM '�I Hall-Cureniy woroW on an 14 I 18 Instagram Posts 7nsiag`lam a,e, February/March 2019 Reach 265/Impressions 2,074 ocsewers f} Blipmea —follow ea ssrollnaing ac sanitation Dlnnet The OC Sandman Dirtriel pmoides aartearter collection.trearnr� and receding for appmz 2.6 million people in central&mrth OmMe County. vw d.eom ■rostt mry mvm r➢44rn Pall for what 11o"NIC use, not JL For what `V— !jou lose. 11 Po®r talc w H 9m TLI �•6'G W R s ...® . its 19 ,•� � ��� .�� - 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Committee Operations ��� 1 � � �J \ " II ]]] r G C ■ t _ Public Affairs i Update ■ ® Presenter)by Jennifer Cabral '« . Public Affairs Supervisor i 14 April 8,2019 0 - e .ems 1 i �Tt ■ MI Aga Did • We III@ Tours 15 tours / 330 guests 5 speaking engagements 2 outreach events Social Media O Twitter: '— 39 tweets Participated in: m i 26.5k impressions Irvine Rotary Club Facebook: Fountain Valley Mayor Breakfast 40 posts ACC-OC UCI Public Policy Academy 7.6k reach Orange County Science and Engineering Fair National Association of Women in Construction Instagram: Huntington Beach Area Council Committee Meeting 27 posts Children's Water Festival 2k impressions What We Are • • 6511 Anniversary Upcoming Activities C5LWQLAOdR& • Construction Network speaking engagement 8 • AAEES UCI Student Chapter Annual Conference • Orange County Council of Government General Assembly • Westminster Spring Festival • Plant No. 2 neighborhood tour • Irvine Earth Day Event .�I I IN I Santa Ana River Basin Section of the California Water Environment Association: • Quarter Century Award, Tony Lee • Community Engagement and Outreach Project of the Year: Plant No. 2 Neighborhood Outreach Program (Project leads: Tanya Chong & Daisy Covarrubias) • Supervisor of the Year - 1st Place, Ted Gerber; 2nd Place, Kevin Schuler • Mechanical Technician Person of the Year, Gilbert Barela • Operator of the Year, April Frost • SARBS Spotlight Award, Dindo Carrillo American Academy of Environmental Engineers: • OCSD's Collections System Odor Control Program the Superior Achievement Award • Facilities Master Plan received the Honor Award SARBS Awards Banquet > STEERING COMMITTEE Meng Date TOBE. Dir. 04/eti24/19 04/24/1Or9 AGENDA REPORT Item Item Number 3 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Kathy Millea, Director of Engineering SUBJECT: NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 GENERAL MANAGER'S RECOMMENDATION A. Adopt Resolution No. OCSD 19-03 entitled, "A Resolution of the Board of Directors of Orange Sanitation District Amending the Proposition 84 Integrated Regional Water Management Program 2015 Implementation Grant Funding Contract for Newhope-Placentia Trunk Sewer Replacement Project 2-72, and Repealing Resolution No. OCSD 16-20"; and B. Approve Amendment No. 1 to the Contract between the Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA) to allow the Newhope-Placentia Trunk Replacement, Project No. 2-72, to receive Proposition 84 related grant funds up to $1,000,000. BACKGROUND Contract No. 2-72A, Newhope-Placentia Trunk Sewer Replacement, Segment A, includes the Newhope-Placentia Trunk in Yorba Linda Boulevard from Campus Drive to State College Boulevard, and on State College Boulevard from Yorba Linda Boulevard, to just south of the 91 Freeway. This portion of the project is currently under construction within the City of Fullerton (City). The second portion, Contract No. 2-72B, continues south to Orangewood Avenue at Anaheim Stadium and is currently in the preliminary design phase. The additional capacity provided by the project will allow flows currently going to Plant No. 2 to be diverted to Plant No. 1 for reclamation. Through the 2015 Proposition 84 Integrated Regional Water Management Implementation Grant, the State of California will provide funding from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 to assist in financing projects related to water resources. SAWPA is the Local Project Sponsor for this program on behalf of the California Department of Water Resources. Staff applied for a grant in fall 2015. SAWPA notified staff in late 2015 that a $1,000,000 grant was approved for the project. Since then, staff has been coordinating with SAWPA to satisfy State requirements. Once finalized, SAWPA will act as an agent of the State. RELEVANT STANDARDS • Secure outside funding (grants)for recycled water or other capital programs Page 1 d 2 • Sound engineering and accounting practices, complying with local, state, and federal laws PROBLEM An amendment to the existing agreement with SAWPA is required based on the California Department of Water Resources amending the reporting requirements from 10 years to three years. With the revisions required, the opportunity was taken to also update the project's approved budget, along with the technical specs that are in place for this project (e.g., pipe size of 66 inches to 54 inches). PROPOSED SOLUTION Approving this amendment will allow the Orange County Sanitation District (Sanitation District) to stay in compliance with the grant requirements. RAMIFICATIONS OF NOT TAKING ACTION Amended agreement will remain unsigned and terms of grant not finalized. PRIOR COMMITTEE/BOARD ACTIONS October 2016 - Approved Resolution No. OCSD 16-20 Accepting the Proposition 84 Integrated Regional Water Management Program 2015 Implementation Grant Funding Contract for Newhope-Placentia Trunk Sewer Replacement Project 2-7; and approved the Contract between the Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA) to allow the Newhope-Placentia Trunk Replacement, Project No. 2-72, to receive Proposition 84 related grant funds up to $1,000,000. FINANCIAL CONSIDERATIONS The grant added $1,000,000 to the Sanitation District's FY 2017-18 budget. ATTACHMENT The following attachment(s)are attached in hard copy and may also be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: Resolution No. OCSD 19-03 • Amendment No. 1 to 2015 IRWM Implementation Contract& Grant Agreement 2015 IRWM Implementation Contract & Grant Agreement Page 2 d 2 RESOLUTION NO. OCSD 19-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT AMENDING THE PROPOSITION 84 INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM 2015 IMPLEMENTATION GRANT FUNDING CONTRACT FOR NEWHOPE-PLACENTIA TRUNK SEWER REPLACEMENT PROJECT 2-72; AND REPEALING RESOLUTION NO. OCSD 16-20 WHEREAS, in May of 2015, the Orange County Sanitation District applied for a Proposition 84 Integrated Regional Water Management Implementation Grant (Administered by the California Department of Water Resources (DWR)) to help fund the $104,890,000 Newhope-Placentia Trunk Sewer Replacement Project 2-72; and WHEREAS, the DWR and Santa Ana Watershed Project Authority (SAWPA) entered into a 2015 Proposition 84 Integrated Regional Water Management Implementation Grant Agreement, providing that SAWPA would serve as the administrator and program manager for grant funds related to the Santa Ana Watershed; and WHEREAS, SAWPA intends to disburse a portion of the $64,267,686 in grant funds for the Orange County Sanitation District's (Sub-Grantee) Newhope-Placentia Trunk Sewer Replacement Project 2-72 by way of the attached Agreement (Attachment "A"); and WHEREAS, in August 2016, the Orange County Sanitation District was notified that it is eligible for a Proposition 84 Integrated Regional Water Management Implementation Grant in an amount not to exceed $1,000,000. As a condition for receiving the grant, the Orange County Sanitation District must enter into an Agreement with SAWPA and comply with all the requirements detailed therein; and WHEREAS, the Board of Directors is willing to accept the Proposition 84 Integrated Regional Water Management Implementation Grant and agrees to comply with all the terms and conditions of the Grant Agreement; and WHEREAS, the Grant Agreement is being updated to reflect the revised project budget from $104.9M to $112.OM, update project technical specifications, and change the post-performance reporting period from ten years to three. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District DOES HEREBY RESOLVE, DETERMINE, AND ORDER: Section 1: That the Orange County Sanitation District accepts the Proposition 84 Integrated Regional Water Management Implementation Grant. OCSD 19-03-1 Section 2: That the Proposition 84 Integrated Regional Water Management Implementation Grant will be used for partial funding of the Newhope-Placentia Trunk Sewer Replacement Project 2-72 in accordance with the terms and conditions specified in the Grant Agreement. Section 3: Resolution No. OCSD 16-20 is hereby repealed in its entirety. PASSED AND ADOPTED at a regular meeting of the Board of Directors held April 24, 2019. David John Shawver Board Chairman ATTEST: Kelly A. Lore, MMC Clerk of the Board APPROVED AS TO FORM: Bradley R. Hogin General Counsel OCSD 19-03-2 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-03 was passed and adopted at a regular meeting of said Board on the 241h day of April 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 241h day of April 2019. Kelly A. Lore, MMC Clerk of the Board of Directors Orange County Sanitation District OCSD 19-03-3 AMENDMENT NO. 1 PROPOSITION 84 INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM 2015 IMPLEMENTATION GRANT FUNDING CONTRACT BETWEEN THE SANTA ANA WATERSHED PROJECT AUTHORITY AND ORANGE COUNTY SANITATION DISTRICT This is Amendment No. 1 to the Proposition 84 Integrated Regional Water Management Program ("IltWMP")2015 Solicitation implementation Grant Funding Contract made between Santa Ana Watershed Project Authority("SAWPA")and Orange County Sanitation District(the"Sub-Grantee")executed by SAWPA on November 21,2016,and by Sub-Grantee on December 7,2016. SAWPA and the Sub-Cnrantee may be individually referred to as"Party",and collectively referred to as the "Parties". WHEREAS,Exhibit A of the Department of Water Resources Grant Agreement No.4600011515 has been amended to clarify the work that will be done,update the permit deliverables,update the size of pipe to be used, and rehabilitate the pipe rather than increasing the pipe size; and WHEREAS,Exhibit B of the Department of Water Resources Grant Agreement No.4600011515 has been amended to revise the total project cost from$104.9M to$112.OM,increase the required funding match to $32.OM,and increase the additional cost share to$79.OM. THEREFORE,based on the foregoing inwrpormed recitals and in consideration of the mutual covenants and conditions set forth in the Grant Funding Contract and this Amendment,the Parties hereby agree to modify the following sections to their Grant Funding Contract: SECTION 1. PROJECT DESCRIPTION AND SUB-GRANTEE DELIVERABLES The Project will increase the size of the existing Newhope-Placentia Truck Sewer by installing approximately 34,800 linear feet(LF)of pipe on State College Boulevard from the Yorba Linda Pump Station(Yorba Linda Boulevard and State College Boulevard in the City of Fullerton,California)to Orangewood Avenue(Orangewood Avenue and State College Boulevard in the City of Anaheim,California; South of Los Angeles Angels of Anaheim Baseball Stadium).The Project will also modify the Rolling Hills Sub-trunk Sewer by installing approximately 3,500 LF of pipe north of the Yorba Linda Pump Station in the City of Fullerton. The Sub-Grantee's Project deliverables include: • The installation of a total of approximately 38,300 LF of pipe will provide the required capacity for current and future sewer flows.The pipeline diameter for the Project will range from approximately 30 inches at the upstream end,up to 54 inches at the downstream end. • Through implementation of the Project,approximately eight(8)million gallons per day(MGD)of the sewer flows from the Newhope-Placentia Truck Sewer currently going to the Santa Ana Regional Interceptor("SARI")will be diverted to the Sub-Grantee's Plant No. 1 ("Pl")in the City of Fountain Valley for treatment before being sent to the Groundwater Replenishment System ("GWRS'D.From GWRS,the 8 MGD is stored in the Orange County Groundwater Basin("Basin") by the Sub-Grantee's partner Orange County Water District,where the water will be pumped by various water suppliers and used to protect the Basin from seawater intrusion. • Approximately six(6)MGD,equivalent to 6,300 acre feet per year(AFY),of the eight(8)MGD will reduce salt loading by 4,170 tons/yesr,which is equivalent to reducing the Total Dissolved Solids levels in the 6,300 AT of Basin water by 457 mg/L per year if the Project water was used in 1 20151RWM Implementation Contract Amendment 1 February 2019 place of the other main source of Basin recharge water, imported water,because the GWRS water has a lower salt content.The 6 MGD will also provide the multiple benefit of new water supply to water users through Basin pumping and the 2 MGD will protect the Basin by pumping it into the seawater protection barrier managed by the Sub-Grantee's partner Orange County Water District. • The Project Monitoring Plan as described in Paragraph 21 of the Grant Agreement.The Project Monitoring Plan must be approved by SAWPA and DWR before the Sub-Grantee implements any sampling or monitoring activities. The Sub-Grantee will report on the benefits of the Project based on the Project Monitoring Plan using a final Project Completion Report and Post Performance Reports described in Section 18 and Section 20 of the original Contract. • All other deliverables described in the Grant Agreement such as the deliverables listed in Paragraph 15 of the Grant Agreement SECTION 3. ESTUVIATED ELIGIBLE PROJECT COSTS' GRANT AMOUNT The estimated reasonable cost of the Project at the time of SAWPA's and DWR's approval of Amendment No. 1 to the Grant Agreement is One Hundred Twelve Million dollars($112,000,000)for implementation of the Project. Subject to all of the terms,provisions,and conditions of this Contract,and subject to the availability of the grant funds, SAWPA shall disburse such grant funds in a sum not to exceed One Million dollars($1,000,000).However, SAWPA's actual grant disbursements to the Sub-Grantee under this Contract shall not exceed payments received from the DWI-All grant disbursements will be reimbursements.Per Exhibit D of the Grant Agreement,the DWR shall withhold retention. If the Sub-Grantee proceeds to construction of the Project,the final grant amount will be determined in accordance with the provisions of this Contract.If the Sub-Grantee fails or refuses to proceed with or complete the construction of the Project, SAWPA may consider such failure or refusal to be a material violation and breach of this Contract. SAWPA shall have all rights and remedies as are otherwise available to it for breach of this Contract by the Sub-Grantee. If actual Project costs exceed the Project's estimated reasonable cost, SAWPA shall have no obligation to provide grant funds for such exceedence. Eligible Project costs include the reasonable costs of studies,engineering,design,land and easement acquisition,legal foes,preparation of environmental documentation,environmental mitigations,monitoring, and construction. Reasonable administrative expenses may be included as eligible Project costs or cost share and will depend on the complexity of the Project preparation,planning,coordination,construction,acquisitions, implementation,and maintenance.Reasonable administrative expenses are the necessary costs incidentally but directly related to the Project including the portion of overhead and administrative expenses that are directly related to the Project. Costs not eligible for reimbursement or eligible to be counted as cost share are described in Paragraph ten (10)of the Grant Agreement. Work performed after January 1,2011,is eligible to be counted as cost share.Work performed after January 17,2014,is eligible for grant reimbursement. 2 20151RWM Implementation Contract Amendment 1 February 2019 SECTION 20. POST-PERFORMANCE REPORTS Post-Performance Reports as described in Exhibit G of the Grant Agreement shall be submitted to SAWPA within seventy-five(75)calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three(3)years after the completed Project begins operation.The format of the Post Performance Report is outlined in both the Project Completion Report Section 19(f)and in Exhibit G of the Grant Agreement.The Parties to this Contract understand and agree that this covenant shall survive the expiration or termination of this Contract while not to exceed the Post-Perfomtaace Reporting period. IN WITNESS THEREOF,the parties have executed this Contract on the later date set forth below. SANTA/A7rNt,AA WATERSHED PROJECT AUTHORITY Dated: �)(" _ �_ By: 1/ 2 Rich Haller, General Manager ORANGE COUNTY SANITATION DISTRICT Sub-Grantee Dated: By: Chair,Board of Directors Dated: By: Kelly A. Lore,Clerk of the Board Approved as to form: Dated: By: Bradley Hogin,General Counsel 3 PROPOSITION 84 INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM 2015 IMPLEMENTATION GRANT FUNDING CONTRACT BETWEEN THE SANTA ANA WATERSHED PROJECT AUTHORITY AND ORANGE COUNTY SANITATION DISTRICT This Proposition 84 Integrated Regional Water Management Program("IRWMP")2015 Solicitation Implementation Grant Funding Contract is made between Santa Ana Watershed Project Authority ("SAWPA")and Orange County Sanitation District(the"Sub-Grantee"). SAWPA and the Sub-Grantee may be individually referred to as"Party",and collectively referred to as the"Parties". WHEREAS, Section 79560 et se ..of the Water Code establishes the IRWMP providing approximately Nine Hundred Million dollars($900,000,000)for local assistance grants to be allocated to projects that implement projects and/or programs to accomplish deliverables such as protecting regions from drought, improving regional water quality and improving regional water security by reducing dependence on imported water; and WHEREAS,on November 1, 2016,the California Department of Water Resources("DWR")and SAWPA entered into a 2015 Proposition 84 Integrated Regional Water Management Implementation Grant Agreement No.4600011515("Grant Agreement"),which is attached hereto as"Attachment A",providing that SAWPA would serve as the program manager for the Sixty Four Million Two Hundred Sixty Seven Thousand Six Hundred Eighty-Six dollar($64,267,686)in grant funds to be disbursed to the Sub-Grantee and other Sub-Grantees,consistent with IRWMP requirements,and ensuring that the maximum benefit of such funds are realized in the Santa Ana River Watershed; and WHEREAS,consistent with the Grant Agreement between DWR and SAWPA,SAWPA intends to disburse a portion of the$64,267,686 in grant funds for the Sub-Grantee's Newhope-Placentia Trunk Sewer Replacement Project 2-72 Project("Project")by way of this Contract with the Sub-Grantee. THEREFORE,based on the foregoing incorporated recitals and in consideration of the mutual covenants and conditions set forth in this Contract,the Parties hereby agree to the following: SECTION 1. PROJECT DESCRIPTION AND SUB-GRANTEE DELIVERABLES The Project will increase the size of the existing Newhope-Placentia Trunk Sewer by installing approximately 34,800 linear feet(LF)of pipe on State College Boulevard from the Yorba Linda Pump Station(Yorba Linda Boulevard and State College Boulevard in the City of Fullerton,California)to Orangewood Avenue(Orangewood Avenue and State College Boulevard in the City of Anaheim,California; South of Los Angeles Angels of Anaheim Baseball Stadium).The Project will also modify the Rolling Hills Sub-trunk Sewer by installing approximately 3,500 LF of pipe north of the Yorba Linda Pump Station in the City of Fullerton. The Sub-Grantee's Project deliverables include: • The installation of a total of approximately 38,300 LF of pipe will provide the required capacity for current and future sewer flows.The pipeline diameter for the Project will approximately range from 30 inches at the upstream end,up to 66 inches at the downstream end. 2015 IRWM Implementation Contract November 2016 • Through implementation of the Project,approximately eight(8)million gallons per day(MGD)of the sewer flows from the Newhope-Placentia Track Sewer currently going to the Santa Ana Regional Interceptor("SARI")will be diverted to the Sub-Grantee's Plant No. 1 ("Pl")in the City of Fountain Valley for treatment before being sent to the Groundwater Replenishment System ("GWRS"). From GWRS,the 8 MGD is stored in the Orange County Groundwater Basin("Basin") by the Sub-Grantee's partner Orange County Water District,where the water will be pumped by various water suppliers and used to protect the Basin from seawater intrusion. • Approximately six(6)MGD,equivalent to 6,300 acre feet per year(AFY),of the eight(8)MGD will reduce salt loading by 4,170 tons/year,which is equivalent to reducing the Total Dissolved Solids levels in the 6,300 AF of Basin water by 457 mg/L per year if the Project water was used in place of the other main source of Basin recharge water, imported water,because the GWRS water has a lower salt content.The 6 MGD will also provide the multiple benefit of new water supply to water users through Basin pumping and the 2 MGD will protect the Basin by pumping it into the seawater protection barrier managed by the Sub-Grantee's partner Orange County Water District. • The Project Monitoring Plan as described in Paragraph 21 of the Grant Agreement.The Project Monitoring Plan must be approved by SAWPA and DWR before the Sub-Grantee implements any sampling or monitoring activities. The Sub-Grantee will report on the benefits of the Project based on the Project Monitoring Plan using a final Project Completion Report and Post Performance Reports described in Section 18 and Section 20 of this Contract. • All other deliverables described in the Grant Agreement such as the deliverables listed in Paragraph 15 of the Grant Agreement SECTION 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE: SUB-GRANTEE GENERAL COMMITMENT This Contract incorporates and includes as part of its terms and conditions the Grant Agreement. In the event of any inconsistency between this Contract and the Grant Agreement,except as otherwise specifically provided,the inconsistency shall be resolved by giving precedence to the Grant Agreement. The Sub-Grantee shall comply with all terms,provisions, conditions,and commitments of this Contract and the Grant Agreement. Such compliance shall include providing SAWPA with all deliverables,budget detail, reports and all other documents required by the Grant Agreement. On behalf of and for the benefit of SAWPA, Sub-Grantee shall comply with all of the obligations and requirements of the Grant Agreement as if the Sub-Grantee were the"Grantee"under the terms of the Grant Agreement Such compliance shall be to the fullest extent necessary and as may be required by SAWPA in order to enable SAWPA to comply with the Grant Agreement as"Grantee" SECTION 3. ESTIMATED ELIGBLE PROJECT COSTS;GRANT AMOUNT The estimated reasonable cost of the Project at the time of SAW PA's and DW R's approval of the Grant Agreement is One Hundred Four Million Eight Hundred Ninety Thousand dollars(Sl04,890,000)for implementation of the Project. Subject to all of the terms,provisions,and conditions of this Contract,and subject to the availability of the grant funds, SAWPA shall disburse such grant funds in a sum not to exceed One Million dollars($1,000,000). However,SAWPA's actual grant disbursements to the Sub-Grantee under this Contract shall not exceed payments received from the DWR.All grant disbursements will be reimbursements. Per Exhibit D of the Grant Agreement,the DWR shall withhold retention. 2 20151RWM Implementation Contract November 2016 If the Sub-Grantee proceeds to construction of the Project,the final grant amount will be deterrnined in accordance with the provisions of this Contract. If the Sub-Grantee fails or refuses to proceed with or complete the construction of the Project, SAWPA may consider such failure or refusal to be a material violation and breach of this Contract. SAWPA shall have all rights and remedies as are otherwise available to it for breach of this Contract by the Sub-Grantec. If actual Project costs exceed the Project's estimated reasonable cost,SAWPA shall have no obligation to provide grant funds for such exceedence. Eligible Project costs include the reasonable costs of studies,engineering, design, land and easement acquisition, legal fees,preparation of environmental documentation,environmental mitigations,monitoring, and construction. Reasonable administrative expenses may be included as eligible Project costs or cost share and will depend on the complexity of the Project preparation,planning,coordination,construction,acquisitions, implementation,and maintenance. Reasonable administrative expenses are the necessary costs incidentally but directly related to the Project including the portion of overhead and administrative expenses that are directly related to the Project. Costs not eligible for reimbursement or eligible to be counted as cost share are described in Paragraph ten (10)of the Grant Agreement. Work performed after January 1,2011, is eligible to be counted as cost share. Work performed after January 17,2014,is eligible for grant reimbursement. SECTION 4. SCOPE OF WORK AND COMPLETION OF PROJECT The Scope of Work shall be as provided for Sub-Grantee's Project described in the Grant Agreement, Section I of this Contract and any Amendments to the Grant Agreement and/or Contract. The Parties understand that time is of the essence,and agree to expeditiously proceed with and complete the Project. SECTION 5. DISBURSEMENT Grant funds will be disbursed in accordance with the disbursement provisions of the Grant Agreement. Retention is stipulated in Exhibit D of the Grant Agreement. SECTION 6. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS The Sub-Grantee agrees that,at a minimum,its fiscal control and accounting procedures shall be sufficient to permit tracking of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of State law or this Contract. The Sub-Grantee shall maintain separate Project accounts in accordance with generally accepted government accounting standards and the conditions outlined in Exhibit D of the Grant Agreement. SECTION 7. TERM This Contract shall not be effective until it has been executed by SAWPA. The Tenn of this Contract shall be until the Project Completion Report for the Sub-Grantee's Project has been accepted by DWR,unless sooner terminated pursuant to the provisions of this Contract or the Grant Agreement.Notwithstanding the foregoing,the obligations of this Contract and the Grant Agreement shall continue through the life of the Project. 3 2015 IRWM Implementation Contract November 2016 SECTION S. COVENANT TO OPERATE AND MAINTAIN PROGRAM The Sub-Grantee shall properly staff,operate and maintain all portions of the Project described in this Contract and the Grant Agreement,including,but not limited to,program management,contractor oversight and monitoring,during the Project's useful life and in accordance with this Contract,the Grant Agreement,and all applicable state and federal laws,rules and regulations. In the event that the Sub-Grantee assigns or transfers all or any portions of the Project to another entity,the Sub-Grantee shall be responsible to ensure that the assignee or transferee of all or any portions of the Project shall properly staff,operate and maintain all portions of the Project during its useful life and in compliance with this Contract,the Grant Agreement,and all applicable state and federal laws,rules and regulations. The Parties to this Contract understand and agree that this covenant shall survive the expiration or termination of this Contract. The Parties further understand and agree that this covenant is for the benefit of SAWPA and DWR and shall be enforceable during the useful life of the Project facilities. The Parties agree that the useful life of the Projeet facilities is fifty(50)years from and after Project completion and the Sub-Grantee shall comply with Paragraph 20 of the Grant Agreement. The Sub-Grantee shall not abandon,substantially discontinue use of,lease,or dispose of the Project, including its construction,or any significant part or portion thereof,during the useful life of the Project without SAWPA's and DWR's prior written approval. SECTION 9. ASSIGNMENT Neither this Contract,nor any duties or obligations under this Contract,nor any of the Project facilities referenced in this Contract,or the Grant Agreement shall be assigned by any Party without the prior written consent of the other Party. Should an assignment or transfer occur,whenever SAWPA or the Sub-Grantee are named or referred to herein, such reference shall be deemed to include the successor to the powers,duties and functions that are presently vested in SAWPA and the Sub-Grantee,and all Contract and covenants required hereby to be performed by or on behalf of SAWPA and/or the Sub-Grantee shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. SECTION 10. COMPLIANCE WITH LAWS AND REGULATIONS The Sub-Grantee agrees that it shall,at all times,comply with and require its contractors and subcontractors to comply with all applicable federal and state laws,rules,regulations and guidelines. The Sub-Grantee shall comply with,implement,and fulfill all environmental mitigation measures applicable to the Project, and which may otherwise be required by this Contract and the Grant Agreement,the California Environmental Quality Act("CEQA"),and the State CEQA Guidelines. SECTION 11. ACKNOWLEDGEMENT OF CREDff/SIGNAGE REQUIREMENTS The Sub-Grantee shall include appropriate acknowledgement of credit to the State, SAWPA and to all cost- sharing partners for their support when promoting the Project or using any data and/or information developed under this Contract. During construction and post-construction the Grantee shall install a sign in compliance with Exhibit D of the Grant Agreement. In addition to the sign requirements required under Exhibit D,the sign shall include the One Water One Watershed logo(to be provided by SAWPA). 4 20151RWM Implementation Contract November 2016 Before it is constructed,the Sub-Grantee shall provide the drafl design layout of the sign to SAWPA for approval.The Sub-Grantee shall notify SAWPA that the sign has been erected by providing them with a site map with the sign location noted and a photograph of the sign. SECTION 12. CONSTRUCTION ACTIVITIES AND NOTIFICATION The Sub-Grantee shall immediately notify SAWPA in writing of. (1) Any substantial change in the scope,budget,or work performed of the Project. The Sub- Grantee agrees that no substantial change in the scope of the Project may be undertaken until written notice of the proposed change has been provided to SAWPA,and SAWPA and DWR have given written approval for such a change; (2) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation. Sub-Grantee must notify SAWPA at least twenty(20)calendar days prior to the event; (3) Unscheduled cessation of all major construction work on the Project where such cessation of work is expected to or does continue for a period of thirty(30)calendar days or more; (4) Any circumstance,combination of circumstances,or condition which is expected to delay project completion for a period of ninety(90)calendar days or more beyond the initial estimated date of completion of the Project previously provided to SAWPA;and (5) Completion of construction of the Project and provide SAWPA and DWR the opportunity to participate in the inspection. Sub-Grantee must notify SAWPA at least twenty(20) calendar days prior to final inspection. SECTION 13. PAYMENT OF PROJECT COSTS BY SUB-GRANTEE The Sub-Grantee shall provide for and make payment for all Project costs. All costs and payments for the Project shall be paid by the Sub-Grantee promptly and in compliance with all applicable laws. SECTION 14. WITHHOLDING OF GRANT DISBURSEMENTS SAWPA may withhold all or any portion of the grant funds provided for by this Contract in the event that: (1) The Sub-Grantee has violated,or threatens to violate, any term,provision,condition,or commitment of this Contract (2) The Sub-Grantee fails to maintain reasonable progress toward completion of the Froject or, (3) DWR invokes Section 13 or Section 14 of the Grant Agreement. SECTION 15. INVOICING (A) Invoices shall be completed on a State-provided invoice form and shall meet the following format requirements: (1) Invoices must contain the date of the invoice,the time period covered by the invoice,and the total amount due. 5 2015 IRWM Implementation Comma November 2016 (2) Invoices must be itemized. The amount claimed for salaries/wages/consultant fees must include a calculation formula(i.e.hours or days worked times the hourly or daily rate equals the total amount claimed). Refer to Attachment C. (3) Each invoice shall clearly delineate those costs claimed for reimbursement from the State's grant amount("Grant Amount")and those costs that represent the Sub-Grantee's cost share ("Cost Share")as applicable. State funding cannot be used for Cost Share. Sufficient evidence of the costs(i.e.receipts,copies of checks,timesheets)reflecting the Grant Amount and Cost Share must be included in the invoice. (4) The total Grant Amount and Cost Share to be documented through invoicing is provided in the Grant Agreement. Additional cost share("Additional Cost Share")as provided in the Grant Agreement does not need to be included in invoicing. (B) Invoices also shall include the following information: (1) Costs incurred for work perfonned in implementing the Project during the period identified in the particular invoice. (2) Costs incurred for any interests in real property(land or easements)that have been necessarily acquired for the Project during the period identified in the particular invoice for the construction,operation,or maintenance of the Project. (3) Appropriate receipts and documentation that show the total outlays for the Grant Amount and Cost Share.Receipts and documentation do not need to be provided for Additional Cost Share. SECTION 16. QUARTERLY PROGRESS REPORTS Quarterly Progress Reports shall be completed using the templates provided in Attachment B.Quarterly Progress Reports shall provide a brief description of the work performed under all funding categories(Grant Amount,Cost Shan:and Additional Cost Share),activities,milestones achieved,and any accomplishments as well as any problems encountered in the performance of the Project.The first Quarterly Progress Report shall cover the period between January 1,2011 and March 31,2017.and be submitted no later than May 31,2017 to SAW PA,with future Progress Reports covering three month reporting periods.Each Quarterly Progress Report shall be delivered to SAWPA within sixty(60)calendar days after the close of the reporting period. Quarterly Progress Reports are required until the Project Closeout Documentation is received and submitted to DWR. SECTION 17. RECORDS AND REPORTS (A) Without limitation on the requirement that Project accounts be maintained in accordance with generally accepted government accounting standards,the Sub-Grantee shall comply with the records and reporting requirements imposed by the Grant Agreement, and shall also: (1) Establish an official Project file that documents all significant actions relative to the Project; (2) Establish separate accounts that adequately and accurately itemize and describes all amounts received and expended on the Project, including all grant funds received under this Contract; 6 2015 IRWM Implementation Contract November 2016 (3) Establish separate accounts that adequately and accurately itemizes and describes all income received which is attributable to the Project,specifically including any income attributable to grant funds disbursed under this Contract; (4) Establish an accounting system that adequately and accurately itemizes and describes final total costs of the Project, including both direct and indirect costs; (5) Establish such accounts and maintain such records as may be necessary for the State,DWR and SAWPA to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (6) If Force Account is used by the Sub-Grantee for any phase of the Project,establish an account that adequately and accurately itemizes and describes all employee hours,and associated tasks charged to the Project per employee. (B) The Sub-Grantee shall require all Project contractors and subcontractors to maintain books,records, and other material relative to the Project in accordance with generally accepted accounting standards,and to require that such contractors and subcontractors retain such books, records,and other material for a minimum of three(3)years after final payment under this Grant Agreement. The Sub-Grantee shall require that such books,records,and other material shall be subject,at all reasonable times,to inspection,copying,and audit by SAWPA, DWR,the State of California or their authorized representatives. (C) The Sub-Grantee shall maintain its books,records and other material concerning the Project in accordance with generally accepted government accounting standards and as required by the Grant Agreement. (D) All documents required or requested to be provided to SAWPA shall be submitted electronically in the both the native format(e.g.Microsoft Word,Microsoft Excel,etc)and PDF.All documents shall be public domain or the property of SAWPA once submitted. (E) The Sub-Grantee agrees to expeditiously provide,during work on the Project and for three(3)years after final payment under this Grant Agreement,such reports,data, information and certifications as may be reasonably required by SAWPA,DWR,the State of California,or their authorized representatives. Such documents and information shall be provided in electronic format. SECTION 18. PROJECT REVIEW AND EVALUATION; FINAL REPORTS AND AUDIT (A) SAWPA may perform a Pmjmt review or otherwise evaluate the Project to determine compliance with the contract documents at any time or if questions about the proper use or management of the funds arise. SAWPA may review or evaluate the contractor or vendor for compliance with the terms and conditions of the contract document. The Project review and evaluation may be performed by SAWPA or may be contracted to a responsible third party. Any findings and recommendations of the Project review and evaluation shall be addressed by the Sub-Grantee within sixty(60)calendar days of the date such findings and recommendations are provided to the Sub-Grantee and before the next invoice is paid by SAWPA. (B) At least fifteen(15)calendar days prior to submission of the final project invoice,Sub•Gnmtee shall provide SAWPA the Disposition of Equipment per Exhibit D of the Grant Agreement. 7 2015 IRWMI mplementation Contract _ November 2016 (C) In addition to the documents and deliverables required to be provided by the Grant Agreement, within seventy-five(75)calendar days after completion of Project the Sub-Grantee shall provide to SAWPA a final Project Completion Report. The final Project Completion Report shall include,at a minimum the information required in Exhibit G of the Grant Agreement. The final Project Completion Report shall be accompanied by such other financial information as may be required by SAWPA or DWR to verify Sub-Grantee entitlement to grant funds,to assure program integrity,and to comply with any federal or state requirements. A duly authorized representative of the Sub-Grantee shall certify the Project Completion Report as correct. (D) SAWPA may call for an audit of financial information relative to the Project,where SAWPA determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal or state requirements. Where such an audit is called for,the audit shall be performed by a Certified Public Accountant independent of the Sub-Grantee and at the cost of the Sub-Grantee. The audit shall be in the form required by SAWPA. SECTION 19. PROJECT CLOSEOUT DOCUMENTATION To ensure that that the Project is closed out in a manner that provides an auditable file for SAWPA,Sub- Grantee shall follow a closeout procedure that includes payment of all subcontracts,completion of all punch lists,defects correction,satisfaction of warranty or guarantee issues,and any other requirements for the completion of the scope of work. Such closeout procedures shall include those procedures contained in the Grant Agreement or otherwise required by SAWPA and DWR. SECTION 20. POST-PERFORMANCE REPORTS Post-Performance Reports as described in Exhibit G of the Grant Agreement shall be submitted to SAWPA within seventy-five(75)calendar days after the first operational year of the Project has elapsed. This record keeping and reporting process shall be repeated annually for a total of ten(10)years after the completed Project begins operation.The format of the Post Performance Report is outlined in both the Project Completion Report Section 19(f)and in Exhibit G of the Grant Agreement.The Parties to this Contract understand and agree that this covenant shall survive the expiration or termination of this Contract while not to exceed the Post-Performance Reporting period. SECTION 21. MONITORING REQUIREMENTS Not used. SECTION 22. TERMINATION, IMMEDIATE REPAYMENT: INTEREST (A) SAWPA may terminate this Contract at any time prior to completion of the Project for Sub- Grantee's violation of any provision of this Contract upon written notice by SAWPA of the violation and failure of Sub-Grantee to come into compliance within a reasonable time as established by SAWPA. (B) In the event of such termination,the Sub-Grantee agrees,upon demand,to immediately repay to SAWPA an amount equal to the amount of grant funds disbursed to the Sub-Grantee prior to such ternination. In the event of termination,prejudgment interest shall accrue on all amounts due from the date that notice of termination is mailed to the Sub-Grantee to the date of full repayment by the Sub-Grantee. 8 20151RWM Implementation Contract November 2016 (C) SAWPA may terminate this Contract should DWR terminate SAWPA as program manager.or terminate funding for this Contract or the Project or should DWR terminate its standard agreement with SAWPA on this Project.Upon such DWR-caused termination,SAWPA shall not be liable to Sub-Grantee for any damages,costs or expenses resulting from such termination. If such DW R- initiated termination results from SAWPA's violation of the Grant Agreement that is not caused by Sub-Grantee,Sub-Grantee shall not be required to repay to SAWPA any of the grant funds received for the project. SECTION 23. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS In the event that any breach of any of the provisions of this Contract or other action by the Sub-Grantee shall result in the loss of tax exempt status for any bonds,or if such breach shall result in an obligation on the par of the SAWPA to reimburse the federal government by reason of any arbitrage profits,the Sub-Grantee shall immediately reimburse SAWPA and/or DWR in an amount equal to any damages paid by or loss incurred by the State due to such breach. SECTION 24. ARBITRATION Any dispute which may arise under this Contract by and between SAWPA and the Sub-Grantee,including the Sub-Grantees subcontractors,laborers,and suppliers,shall be submitted to binding arbitration. The arbitrator shall decide each and every dispute in accordance with the laws of the State of Califomia.and all other applicable laws. Unless the Parties stipulate in writing to the contrary,prior to the appointment of the arbitrator,all disputes shall first be submitted to non-binding mediation. SECTION 25. COSTS AND ATTORNEY FEES In the event of arbitration or litigation between the parties hereto arising from this Contract,it is agreed that the prevailing party shall be entitled to recover reasonable costs and attorney fees. SECTION 26. WAIVER Any waiver of any rights or obligations under this Contract or the Grant Agreement shall be in writing and signed by the Party making such waiver,and approved by SAWPA and the DWR. SECTION 27. AMENDMENT This Contract may be amended at any time by mutual written agreement of the Parties. SECTION 28. SAWPA REVIEWS; SUB-GRANTEE AS INDEPENDENT CONTRACTOR (A) The Parties agree that review or approval of the Project or Project plans and specifications by SAWPA is for administrative and eligibility purposes only and does not relieve the Sub-Grantee of its responsibility to properly plan,design,construct,operate,and maintain the Project. As between SAWPA and the Sub-Grantee,the Sub-Grantee agrees that it has sole responsibility for proper planning,design,construction,operation,and maintenance of the Project. (B) The Sub-Grantee is an independent contractor exclusively responsible for the design,construction, operation and maintenance of the specific project funded by this Contract and that the Sub-Grantee is not acting as SAWPA's agent, nor is SAWPA acting as an agent of the Sub-Grantee. 9 2015 IPWM Implementation Contract November 2016 SECTION 29. INDEMNIFICATION (A) The Sub-Grantee shall defend,indemnify and hold harmless SAWPA and DWR and their directors, commissioners,officers,employees,agents and assigns(collectively the`Indemnified Parties") against any and all losses,claims,damages or liabilities,joint or several,including attorneys' fees and expenses incurred in connection therewith,to which such Indemnified Parties may become liable in connection with or arising from this Contract,and the transactions, funding and construction activities contemplated by this Contract. Sub-Grantee shall reimburse Indemnified Parties for any legal or other expenses incurred by it in connection with investigating any claims against it and defending any actions, insofar as such losses,claims,damages, liabilities or actions arise out of or related to this Contract,and the transactions, funding and construction activities contemplated by this Contract. Sub-Grantee shall indemnify and save the Indemnified Parties harmless from and against any claims,losses, damages,attorneys' fees and expenses arising from any and all contracts,contractors,subcontractors, suppliers, laborers,and any other person,entity or corporation furnishing or supplying such services, materials or supplies in connection with Sub- Grantee's Project funded, in part, by this Contract. Sub-Grantee shall indemnify and save Indemnified Parties harmless from any and all claims, losses,damages,attorneys' fees and expenses that may arise from any breach or default by Sub-Grantee in the performance of its obligations under this Contract,or any act of negligence by the Sub-Grantee or any of its agents,contractors, subcontractors, servants,employees or licensees concerning the subject matter of this Contract or the Project. Sub-Grantee shall indemnify and hold the Indemnified Parties harmless from any and all claims,losses,damages,attorneys' fees and expenses arising out of the completion of the Project or the authorization of payment of Project Costs to or by the Sub-Grantee. No indemnification is required under this Section for claims, losses or damages arising out of the sole and exclusive misconduct or negligence under this Contract by SAWPA. (B) The Sub-Grantee understands and agrees that it has complied and will comply with CEQA and the State CEQA Guidelines for the project which is the subject matter of this Contract. Sub-Grantee understands and agrees that it is ultimately and solely responsible,as the lead agency,for compliance with CEQA and any mitigation measures required for the Project. The Sub-Grantee hereby agrees to indemnify,defend and hold harmless SAWPA and the DWR from any and all claims or actions related to this Project that may be made by any third party or public agency alleging,among other things,violations of CEQA or the State CEQA Guidelines. (C) In addition to complying with the insurance requirements contained in the Grant Agreement, including Exhibit D of that Agreement,the Sub-Grantee shall ensure that adequate insurance coverage is provided by Sub-Grantee and/or its contractors and subcontractors on the Project funded,in part,by this Contract. Such insurance shall include adequate coverage for comprehensive commercial general liability,business auto liability,workers compensation liability,professional and errors and omissions liability,property insurance, including all builders risk insurance. Such insurance coverage shall,at a minimum,insure against injuries to third parties,damage to property owned by third parties,physical damage to the Project and all related facilities,theft of building materials and supplies intended for the Project,delays in Project completion,delays in Project Completion due to strikes and governmental actions, liquidated damages, employee injuries and work-related illnesses,design errors resulting in increased project costs,environmental damage caused by constmction activities related to the Project, and nonperformance by the contractors and subcontractors. Such insurance coverages shall be provided by admitted insurance companies authorized to do business in the State of California,and with a minimum`Best's Insurance Guide" rating of"A:V l l". 10 2015 IR W M Implementation Contract November 2016 SECTION 30. PROJECT AND INFORMATION ACCESS The Sub-Gmntee agrees to ensure that SAWPA.DWR,or any authorized representative thereof,shall have reasonable access to the Project site at all reasonable times during Project construction,and thereafter for the useful life of the Project. SECTION 31. OPINIONS AND DETERMINATIONS Where the terms of this contract provide for action to be based upon the opinion,judgment,approval,review, or determination of either party hereto,such terms are not intended to be and shall never be construed as permitting such opinion,judgment,approval,review,or determination to be arbitrary and capricious. IN WITNESS THEREOF,the parties have executed this Contract on the later date set forth below. SANTA ANA WATERSHED PROJECT AUTHORITY f! Dated: 'a —� w By: 11 — Celes a u,Genera Manager ORANGE COUNTY S ON TRICT n 1 Sub-Grantee Dated: I�' T ` �O By: _ Chair a of irectors -- - Dated: j a.iV/I �Q By: --- Kell A. L C erk of the Board Approved ad�s .. to form: Dated: Novcmlxv 21,, low By: As4�/ivc� fn B , Gen I Counsel Ill,tl` `Ir�:� .� q 1 ' GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND SANTA ANA WATERSHED PROJECT AUTHORITY AGREEMENT NUMBER 460D011515 2015 PROPOSITION 84 INTEGRATED REGIONAL WATER MANAGEMENT(IRWM) IMPLEMENTATION GRANT CALIFORNIA PUBLIC RESOURCES CODE§75026 ET SEQ. THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the"State"or"DW R"and the Santa Ana Watershed Project Authority, a public agency in the Counties of Los Angeles,Orange, Riverside,and San Bernardino, State of California,duly organized,existing, and acting pursuant to the laws thereof,herein referred to as the"Grantee",which parties do hereby agree as follows: 1. PURPOSE. State shall provide funding from the Safe Drinking Water,Water Quality and Supply,Flood Control, River and Coastal Protection Bond Act of 2D06 to Grantee to assist in financing projects associated with the One Water One Watershed 2.0 Plan pursuant to Chapter 8 (commencing with §79560) of Division 26.5 of the California Water Code (CWC), hereinafter collectively referred to as "IRWM Program." 2. TERM OF GRANT AGREEMENT.The term of this Grant Agreement begins on the date this Grant Agreement is executed by State,and terminates on December 31, 2021, or when all of the Parties' obligations under this Grant Agreement are fully satisfied,whichever occurs earlier.Execution date is the date the State signs this Grant Agreement. 3. GRANT AMOUNT.The maximum amount payable by the State under this Grant Agreement shall not exceed $64,267,686. 4. GRANTEE COST SHARE.Grantee agrees to fund the difference between the Total Project Cost and the Grant Amount (amount specified In Paragraph 3).Grantee Cost Share consists of Funding Match and Additional Cost Share,as documented in Exhibit B (Budget).Additional Cost Share will not be reviewed by the State for invoicing purposes;however, the Grantee is required to maintain all financial records associated with the project in accordance with Exhibit I (State Audit Document Requirements and Funding Match Guidelines for Grantees). 5. FUNDING MATCH.Grantee is required to provide a Funding Match (non-State funds) of not less than 25 percent of the Grand Total of all the total project costs unless a Disadvantaged Community project waiver is granted.Grantee agrees to provide a Funding Match for the amount as documented in Exhibit B (Budget), and may Include expenses directly related to Exhibit A (Work Plan) after January 1,2011. 6. GRANTEE'S RESPONSIBILITY.Grantee and its representatives shall: a) Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Exhibit B (Budget) and Exhibit C (Schedule). b) Accept and agree to comply with all terms, provisions,conditions,and written commitments of this Grant Agreement,including all Incorporated documents,and to fulfill all assurances,declarations, representations,and statements made by Grantee in the application,documents,amendments,and communications filed in support of its request for Safe Drinking Water,Wafer Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 financing. c) Comply with all applicable California laws and regulations. d) Implement the Projects in accordance with applicable provisions of the law. e) Fulfill its obligations under the Grant Agreement,and be responsible for the performance of the projects. 7. LOCAL PROJECT SPONSOR'S RESPONSIBILITY. Grantee shall assign Local Project Sponsors to act on behalf of Grantee for the purposes of individual project management,oversight,compliance,and operations and maintenance. Local Project Sponsors shall be assigned in accordance with the participating agencies Identified in the 2015 One Water Watershed Program grant application.Exhibit F identifies Local Project Sponsors. Local Project Sponsors shall also act on behalf of Grantee in the fulfillment of Grantee responsibilities where specifically specified in this Grant Agreement. 8. BASIC CONDITIONS.State shall have no obligation to disburse money for projects under this Grant Agreement until Grantee has satisfied the following conditions (if applicable): Great Agreement Na.46"11515 Page 1 of54 a) Grantee and Local Project Sponsors demonstrate the availability of sufficient funds to complete each project by submitting the most recent 3 years of audited financial statements and submitting an Audited Financial Statement Summary far each Local Project Sponsor. b) Grantee must demonstrate compliance with the groundwater compliance options set forth on pages 14 and 15 of the IRWM Program Guidelines,dated May 2015. c) Grantee submits deliverables as specified in Paragraph 19 of this Grant Agreement and in Exhibit A. d) Prior to the commencement of construction or implementation activities, Grantee shall submit the following to the State for each project: 1) Final plans and specifications certified by a California Registered Professional (Civil Engineer or Geologist,as appropriate)for each of the approved projects as listed in Exhibit A of this Grant Agreement. 2) Environmental Documentation: i) Grantee submits to the State all applicable environmental permits, fi) Documents that satisfy the CEQA process are received by the State, Tii) State has completed its CEQA compliance review as a Responsible Agency,and iv) Grantee receives written concurrence from the State of Lead Agency's CEQA documents and State notice of verification of environmental permit submittal. State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction a implementation activities) for which it is required. Once CEQA documentation has been completed, State Will consider the environmental documents and decide whether to continue to fund the projects a to requie changes, alterations or other mitigation. Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Polity Act by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, and mitigation monitoring programs as may be required prior to beginning constructionlmplementation. 3) A monitoring plan as required by Paragraph 21. "Project Monitoring Plan Requirements." 9. DISBURSEMENT OF FUNDS.State will disburse to Grantee the amount approved,subject to the availability of funds through normal State processes.Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of,or in conflict with, federal or state laws,rules,or regulations,or which may require any rebates to the federal government,or any loss of tax-free status on state bonds,pursuant to any federal statute or regulation. 10. ELIGIBLE PROJECT COST. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B.Eligible project costs include the reasonable costs of studies,engineering,design,land and easement acquisition,legal fees,preparation of environmental documentation,environmental mitigations, monitoring,and project construction. Reasonable administrative expenses may be included as Total Project Costs and will depend on the complexity of the project preparation, planning,coordination,construction,acquisitions,and implementation.Reimbursable administrative expenses are the necessary costs incidentally but directly related to the projects including the portion of overhead and administrative expenses that are directly related to the projects included in this Grant Agreement in accordance with the standard accounting practices of the Grantee.Work performed on the projects after January 17,2014.shall be eligible for reimbursement. Costs that are not eligible for reimbursement include,but are not limited to the following items: a) Costs,other than those noted above,incurred prior to the award date of the Grant. b) Operation and maintenance costs,including post construction performance and monitoring costs. c) Purchase of equipment that is not an integral part of a project. d) Establishing a reserve fund. e) Purchase of water supply. f) Monitoring and assessment costs for efforts required after project construction is complete. Grant Agreement No.4600011515 Page 3 of 54 g) Replacement of existing funding sources for ongoing programs. h) Travel and per diem costs (per diem includes subsistence and other related costs). I) Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement). j) Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies. k) Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Grant Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred,and the purposes for which the debt is incurred are otherwise eligible costs.However, this will only be allowed as Grantee Cost Share (i.e., Funding Match). 1) Overhead not directly related to project costs. 11. METHOD OF PAYMENT. a) Reimbursement-Submit a copy of invoice for costs incurred and supporting documentation to the DWR Project Manager via Grant Review and Tracking System (GRonTS). Additionally,the original invoice form with signature and date (in Ink) of Grantee's Project Representative,as indicated on page 11 of this Grant Agreement,must be sent to the DWR Project Manager for approval. Invoices submitted via GRanTS shall include the following information: 1) Costs incurred for work performed in implementing the project(s)during the period identified in the particular invoice. 2) Costs Incurred for any interests in real property (land or easements)that have been necessarily acquired for the project(s)during the period identified in the particular invoice for the implementation of a project. 3) Invoices shall be submitted on forms provided by State and shall meet the following format requirements: 1) Invoices must contain the date of the Invoice, the time period covered by the invoice, and the total amount due. fi) Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B.The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate=the total amount claimed). fii) Sufficient evidence (e.g. receipts, copies of checks,time sheets)as determined by the State must be provided for all costs Included in the invoice. Additional Cost Share shall be accounted for separately in the progress reports. iv) DWR Project Manager will notify Grantee, in a timely manner, when,upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or are not supported by documentation or receipts acceptable to State.Grantee may,within thirty (30) calendar days of the date of receipt of such notice,submit additional documentation to State to cure such defciency(ies). After the disbursement requirements in Paragraph 8"Basic Conditions" are met,State will disburse the whole or portions of State funding to Grantee, following receipt from Grantee via U.S. mail or Express mail delivery of a "wet signature" invoice for costs incurred,including Cost Share, and timely Quarterly Progress Reports as required by Paragraph 19 "Submission of Reports:' Payment will be made no more frequently than monthly, in arrears,upon receipt of an invoice bearing the Grant Agreement number. b) Advanced Payment-Water Code§10551 authorizes advance payment by State for projects which are sponsored by a nonprofit organization;a disadvantaged community (DAC);or,the proponent of a project that benefits a DAC. If these projects are awarded less than$1,000,000 In grant funds,the project proponent may receive an advanced payment of 50%of the grant award;the remaining 50% of the grant award will be reimbursed in arrears. Within 90 calendar days of execution of the Grant Agreement, the Grantee shall provide DWR an Advanced Payment Request. The Advanced Payment Request must contain the following: 1) Documentation demonstrating that each Local Project Sponsor was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not. Grant Agreement Na 4600011515 Page 4 of 54 2) If a Local Project Sponsor is requesting the advanced payment,the request must also include: i) A funding plan which shows how the advanced funds will be expended within 18 months of this Grant Agreement's execution. (i.e.,for what,how much, and when) 11) A discussion of the Local Project Sponsor's financial capacity to complete the project once the advance funds have been expended. 3) If an Local Project Sponsor is requesting advanced payment, Grantee shall also submit a single Advance Payment invoice,containing the request for each qualified project,to the DWR Project Manager with signature and date (in ink) of Grantee's Project Representative,as indicated on page 11 of this Agreement. The Grantee shall be responsible for the timely distribution of the advanced funds to the individual Local Project Sponsors. Within 60 calendar days of receiving the Advanced Payment invoice and subject to the availability of funds,State will authorize payment of the advanced funds sought of 50%of the grant award for the qualified project(s). The Advance Payment Invoice shall be submitted on forms provided by State and shall meet the following format requirements: I) Invoice must contain the date of the invoice,the time period covered by the invoice,and the total amount due. 2) Invoice must be itemized based on the categories (i.e.. tasks)specified in Exhibit B. 3) DWR Project Manager will notify Grantee,in a timely manner,when,upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs.Grantee may,within thirty(30)calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). After the disbursement requirements in Paragraph 8"Basic Conditions" (8o)and 8b) only) are met,State w1l disburse the whole or portions of State funding to Grantee,following receipt from Grantee via US mail or Express mail delivery of a "wet signature" invoice for costs incurred,including Cost Share,and timely Progress Reports as required by Paragraph 19 "Submission of Reports." On a quarterly basis, the Grantee will submit an Accountability Report to DWR that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information: 1) An itemization of how advanced funds have been expended to date (Expenditure Summary), including documentation that supports the expenditures (e.g.contractor invoices,receipts, personnel hours,etc.).Invoices must be itemized based on the categories (i.e.,tasks)specified in Exhibit B. 2) A funding plan which shows how the remaining advanced funds will be expended. 3) Documentation that the funds were placed in a non4nterest bearing account,including the dates of deposits and withdrawals from that account. DWR Project Manager will notify Grantee,in a timely manner,when,upon review of the Expenditure Summary,the State determines that any portion or portions of the expenditures claimed are not eligible costs.Grantee may,within thirty(30) calendar days of the date of receipt of such notice,submit additional documentation to cure such oeficiency(ies). If costs are not consistent with the tasks in Exhibit B,the State will reject the claim and remove them from the Expenditure Summary. Once Grantee has expended all advanced funds,then the method of payment will revert to the reimbursement process specified in Paragraph I Ia)and any remaining reaurements of Paraaraph 8. 12. REPAYMENT OF ADVANCES.State may demand repayment from Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee,as directed by State,and take any other action that it deems necessary to protect its interests for the following conditions: a) A project is not being implemented in accordance with the provisions of this Grant Agreement. b) Grantee has failed in any other respect to comply with the provisions of this Grant Agreement,and if Grantee does not remedy any such failure to State's satisfaction. Repayment amounts may also include: Grant Agreement Va.4600011515 Page 5 of 54 c) Advance funds which have not been expended within 18 months of the Grant Agreement's execution by the Local Project Sponsor. at Actual costs incurred are not consistent with the Exhibit A (Work Plan) activities, not supported,or are ineligible. e) At the completion of the project, the funds have not been expended. For conditions 12c)and 12d),repayment may consist of deducting the amount from future reimbursement invoices. State may consider Grantee's refusal to repay the requested advanced amount a substantial breach of this Grant Agreement subject to the default provisions in Paragraph 14, "Default Provisions." If State notifies Grantee of its decision to demand repayment or withhold the entire funding amount from Grantee pursuant to this paragraph,this Grant Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 13. WITHHOLDING OF DISBURSEMENTS BY STATE.If State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement,or that Grantee has failed in any other respect to comply with the provisions of this Grant Agreement,and if Grantee does not remedy any such failure to State's satisfaction.State may withhold from Grantee all a any portion of the State funding and take any other action that it deems necessary to protect its interests.Where a portion of the State funding has been disbursed to the Grantee and State notifies Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 14, the portion that has been disbursed shall thereafter be repaid immediately with interest of the California general obligation bond interest rate at the time the State notifies the Grantee,as directed by State.State may consider Grantee's refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 14, "Default Provisions." If State notifies Grantee of its decision to withhold the entire funding amount from Grantee pursuant to this paragraph, this Grant Agreement shall terminate upon receipt of such notice by Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 14. DEFAULT PROVISIONS. Grantee (and a Local Project Sponsor receiving grant funding through this Grant Agreement) Will be in default under this Grant Agreement if any of the following occur: a) Substantial breaches of this Grant Agreement,a any supplement or amendment to it,or any other agreement between Grantee and State evidencing or securing Grantee's obligations. b) Making any false warranty,representation,or statement with respect to this Grant Agreement a the application filed to obtain this Grant Agreement. c) Failure to maintain an adopted IRWM Plan that meets the requirements contained in Part 2.2 of Division 6 of the CWC,commencing with§10530. d) Failure to operate or maintain project(s) in accordance with this Grant Agreement (Paragraph 20). e) Failure to make any remittance required by this Grant Agreement. f) Failure to comply with Lobo Compliance Program requirements (Paragraph 18). g) Failure to submit timely progress reports. h) Failure to routinely Invoice State. i) Failure to meet any of the requirements set forth in Paragraph 15, "Continuing Eligibility." Should an event of default occur,State shall provide a notice of default to the Grantee and shall give Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first<loss mail to the Grantee.It the Grantee fails to cure the default within the time prescribed by the State,State may do any of the following: a) Declare the funding be immediately repaid,with interest, at the California general obligation bond interest rate at the time the State notifies the Grantee of the default. b) Terminate any obligation to make future payments to Grantee. c) Terminate the Grant Agreement. G, m Agreement No. 4600011515 Page 6 of 54 d) Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, Grantee agrees to pay all costs incurred by State including,but not limited to,reasonable ottomeys'fees. legal expenses,and costs. 15. CONTINUING ELIGIBILITY.Grantee must meet the following ongoing requirement(s)to remain eligible to receive State funds: a) An urban water supplier that receives grant funds governed by this Grant Agreement shall: I) Maintain compliance with the Urban Water Management Planning (UWMP) Act )Water Code §10610 et seq.) and Sustainable Water Use and Demand Reduction, Part 2.55 of Division 6 (Water Code§10608 et seq.). Urban water suppliers that submitted AB 1420 compliance Table 2 in the 2015 Implementation Grant Application must submit, until June 30,2016, either: i) List of tasks to implement the best management practices listed in AB 1420 compliance Table 2 and a corresponding schedule and budget or: li) The progress toward the 2015 interim Gallons per Capita per Day (GPCD) target. If not meeting the interim target also include a schedule,financing plan,and budget for achieving the GPCD, as required pursuant to Water Code§10608.24. By July 1, 2016 all urban water suppliers must submit documentation that demonstrates they are meeting the 2015 interim GPCD target. If not meeting the interim target,also include a schedule, financing plan, and budget far achieving the GPCD,as required pursuant to Wafer Code §10608.24. Starting June 30, 2017, those urban water suppliers that did not meet their 2015 GPCD target must also submit, by June 30,annual reports that include a schedule,financing plan,and budget for achieving the GPCD (Water Code§10608.24). 2) Have their 2010 UWMP deemed consistent by DWR. The 2015 UWMP update must be submitted to DWR by July I, 2016.If the 2015 UWMP is not submitted to DWR by July I, 2016,funding disbursements to the urban water supplier will cease until the 2015 UWMP is submitted. If the 2015 UWMP is deemed inconsistent by DWR, the urban water supplier will be ineligible to receive funding disbursements until the inconsistencies are addressed and DWR deems the UWMP consistent. For more information,visit the following website:hiip�//­www- - .woter.co.Qov/urbanwotermanagement. b) An agricultural water supplier receiving grant funding must: 1) Comply with Sustainable Water Use and Demand Reduction requirements outlined in Part 2.55 (commencing with §10608) of Division 6 of the water Code. Before July 1. 2016,submit a schedule. financing plan,and budget for implementation of the efficient water management practices, required pursuant to Water Code§10608.48. 2) Have their Agricultural Water Management Plan (AWMP)deemed consistent by DWR. The most recent AWMP update must have been submitted to DWR by December 31.2015. To maintain eligibility and continue funding disbursements,an agricultural water supply must have their 2015 AWMP deemed consistent by DWR on or before October 1, 2016. For more information,visit the following website: htto://www.woter.co.aov/watewseefficiencv/oarculiu(al/aamamt.cfm. c) Grantees diverting surface water must maintain compliance with diversion reporting requirements as outlined in Part 5.1 of Division 2 of the Water Code. d) Projects with potential groundwater impacts must demonstrate compliance with the groundwater compliance options set forth on pages 14 and 15 of the IRWM Program Guidelines,dated May 2015. e) Project Proponents that hove been designated as monitoring entities under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program must maintain reporting compliance, as required by Water Code§10920 and the CASGEM Program. 16. PERMITS LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, Gram Agreement No.4600011515 Page 7 of54 including those necessary to perform design,construction, or operation and maintenance of the Projects. Grantee shall be responsible for observing and complying with any applicable federal,state,and local laws,rules or regulations affecting any such work, specifically those including, but not limited to, environmental,procurement,and safety laws,rules,regulations, and ordinances.Grantee shall provide copies of permits and approvals to State. 17. RELATIONSHIP OF PARTIES.Grantee is solely responsible for design,construction,and operation and maintenance of projects within the work plan.Review or approval of plans,specifications,bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Grant Agreement. 18. LABOR COMPLIANCE.Grantee agrees to comply with all applicable California Labor Code requirements and Standard Condition D.28 in Exhibit D.Grantee must,independently or through a third party,adopt and enforce a Department of Industrial Relations-certified Labor Compliance Program (LCP) meeting the requirements of Labor Code§1771.5 for projects funded by: a) Proposition 84 (Safe Drinking Water,Water Quality and Supply,Rood Control, River and Coastal Protection Bond Act of 2006; Public Resources Code§75075 etseq.) or b) Any other funding source requiring an LCP. At the State's request, Grantee must promptly submit written evidence of Grantee's compliance with the LCP requirements. 19. SUBMISSION OF REPORTS.The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement.Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content,numerical accuracy, spelling,and grammar prior to submittal to State.If requested,Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports.Reports shall be presented in the formats described in the applicable portion of Exhibit G.The timely submittal of reports is a requirement for initial and continued disbursement of State funds.Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such projects. a) Progress Reports: Grantee shall submit progress reports on a regular and consistent basis to meet the State's requirement for disbursement of funds.The reporting period shall not exceed one quarter in length.The progress reports shall be sent via e-mail to the State's Project Manager and shall be uploaded into GRanTS at the frequency specified in Exhibit C (Schedule).The progress reports shall provide a brief description of the work performed during the reporting period including: Grantee's activities,milestones achieved,any accomplishments,and any problems encountered in the performance of the work under this Agreement. b) Accountability Report:Grantee shall submit,on a quarterly basis, an Accountability Report by individual Local Project Sponsor that at a minimum: I) An itemization of how advanced funds have been expended to date (Expenditure Summary), including documentation that supports the expenditures (e.g.contractor invoices,receipts. personnel hours,etc.). Invoices must be itemized based on the categories (i.e.,tasks) specified in Exhibit B. 2) A funding plan which shows how the remaining advanced funds will be expended. 3) Provides an accounting of distributing the advanced funds to the appropriate Local Project Sponsor. 4) Documents that the funds were spent on eligible reimbursable costs. 5) Documentation that the funds were placed in a non-interest bearing account,including the dates of deposits and withdrawals from that account. c) Water Management Status Report:Until June 30.2016, Grantees shall submit status reports on implementation of either AB 1420 status or SBx7-7 water conservation status for the urban water suppliers that submitted an AB 1420 compliance Table 2 in the 2015 Implementation Grant Application. AB 1420 status reports shall be uploaded into GRanTS no later than 30 calendar days after execution of this agreement. SBx7-7 GPCD status reports shall be uploaded via GRanTS no later than June 30,2016. By Grant Agreement No. 4600011515 Page 8 of 54 July 1, 2016 all urban water suppliers must submit an UWMP that demonstrates they are meeting the 2015 interim SBx7-7 GPCD target. If the urban water supplier is not meeting the interim target,then the urban water suppliers must also submit with its UWMP,a schedule, financing plan,and budget for achieving the GPCD (Water Code §10608.24). Starting June 30, 2017, those urban water suppliers that did not meet their 2015 GPCD target must also submit, by June 30,annual reports that include a schedule,financing plan,and budget for achieving the GPCD (Water Code§10608.24). Failure to progress on implementation may result in continuing grant eligibility actions under Paragraph 15. Before July 1, 2016, all agricultural water suppliers must submit a schedule,financing plan,and budget for implementation of the efficient water management practices,required pursuant to Water Code §1060B.48 to comply with Sustainable Water Use and Demand Reduction requirements outlined in Part 2.55 (commencing with§10608) of Division 6 of the Water Code. d) Protect Completion Report:Grantee shall prepare and submit to State a separate Project Completion Report for each project included in Exhibit A.Grantee shall submit a Project Completion Report within ninety (90) calendar days of projects completion. Project Completion Reports) shall include,in part, a description of actual work done,any changes or amendments to each project, and a final schedule showing actual progress versus planned progress, copies of any final documents a reports generated or utilized during a project.The Project Completion Report shall also include,if applicable,certification of final project by a California Registered Professional (Civil Engineer or Geologist,as appropriate), consistent with Standard Condition D.19 in Exhibit D.A DWR "Certification of Project Completion"form will be provided by the State. e) Grant Completion Report: Upon completion of oil projects included in Exhibit A, Grantee shall submit to State a Grant Completion Report.The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Project Completion Report for the final project to be completed under this Grant Agreement.The Grant Completion Report shall include reimbursement status,a brief description of each project completed,and how those projects will further the goals of the IRWM Pion and identify any changes to the IRWM Plan, as a result of project implementation. Retention for the last project to be completed as part of this Grant Agreement will not be disbursed until the Grant Completion Report is submitted to and approved by the State. f) Post-Performance Reports: Grantee shall submit Post-Performance Reports. Post-Performance Reports shall be submitted to State within ninety(90)calendar days after the first operational year of a project has elapsed.This record keeping and reporting process shall be repeated annually fa a total of 10 years after the completed project(s) begins operation. 20. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by State, Grantee agrees to ensure or cause to be performed the commencement and continued operation of each project,and shall ensure or cause each project to be operated in an efficient and economical manner,shall ensure all repairs,renewals, and replacements necessary to the efficient operation of the some ore provided;and shall ensure or cause the some to be maintained in as good and efficient condition as upon its construction,ordinary and reasonable wear and depreciation excepted.The State shall not be liable for any cost of such maintenance, management,or operation.Grantee or their successors may,with the written approval of State, transfer this responsibility to use, manage,and maintain the property.For purposes of this Grant Agreement, "useful life"means period during which an asset, property,or activity is expected to be usable for the purpose it was acquired or implemented; "operation costs"include direct costs incuned for material and labor needed for operations,utilities,insurance,and similar expenses, and "maintenance costs" include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures.Refusal of Grantee to ensure operation and maintenance of the projects in accordance with this provision may,at the option of State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 14, "Default Provisions." 21. PROJECT MONITORING PLAN REQUIREMENTS. Grantee shall develop and submit to State a Project Monitoring Plan that incorporates: (1) the Project Performance Monitoring Table requirements outlined in Grant Agreement No.4600011515 Page 9 of 54 the Proposition 84 20151RWM Implementation Grant Proposal Solicitation Package (pages 20 and 21),and (2) the guidance provided in Exhibit J, "Project Monitoring Plan Guidance:' 22. STATEWIDE MONITORING REQUIREMENTS. Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent With the Groundwater Quality Monitoring Act of 2001 (Part 2.76 (commencing With §10780) of Division 6 of California Water Code) and,where applicable,that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts,including where applicable,the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board.See Exhibit H (Requirements for Statewide Monitoring and Data Submittal), for web links and information regarding other State monitoring and data reporting requirements. 23. NOTIFICATION OF STATE. Grantee shall promptly notify State,in writing,of the following items: a) Events or proposed changes that could affect the scope,budget,or work performed under this Grant Agreement.Grantee agrees that no substantial change in the scope of the projects Will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change.Substantial changes generally include changes to the work plan, schedule or term, and budget. b) Any public a media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State's representatives.Grantee shall make such notification at least 14 calendar days prior to the event. c) Final inspection of the completed work on a project by a California Registered Professional (Civil Engineer or Geologist,as appropriate),in accordance with Standard Condition D.)9 in Exhibit D. Grantee shall notify the State's Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to provide State the opportunity to participate in the inspection. 24. NOTICES. Any notice,demand, request,consent, or approval that either party desires or B required to give to the other party under this Grant Agreement shall be in Writing. Notices may be transmitted by any of the following means: a) By delivery in person. b) By certified U.S.mail,return receipt requested,postage prepaid. c) By"overnight"delivery service; provided that next-business-day delivery is requested by the sender. d) By electronic means. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail Will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service.Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service.Notices sent electronically will be effective on the date of transmission,which is documented in writing. Notices shall be sent to the addresses set forth in Paragraph 26. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 25. PERFORMANCE EVALUATION. Upon completion of this Grant Agreement,Grantee's performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and o copy sent to the Grantee. Grant Agreement No.4600011515 Page 10 of 54 26. PROJECT REPRESENTATIVES,The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources Santa Ana Watershed Project Authority Arthur Hinojosa Celeste Cantu Chief,Division of IRWM General Manager P.O.Box 942936 11615 Sterling Avenue Sacramento CA 94236-0001 Riverside, CA 92503 Phone: (916) 653-4736 Phone: (951) 354-4220 e-mail:Arthur.Hinojosa@watw.ca.gov e-mail:ccontu@sawpa.org Direct all inquiries to the Project Manager: Department of Water Resources Santa Ana Watershed Project Authority Mehdi Mani Rich Haller Division of Integrated Regional Water Management Executive Manager of Engineering &Operations 901 P Street. Room 213-A 11615 Sterling Avenue Sacramento. CA 94236-"l Riverside,CA 92503 Phone: (916) 651-9250 Phone: (951)354-4220 e-mail: Mehdi.M¢ani@woter.co.gov e-mail:rhaller@sawpa.org Either party may change its Project Representative or Project Manager upon written notice to the other party. 27. STANDARD PROVISIONS.The following Exhibits ore attached and mode a port of this Grant Agreement by this reference: Exhibit A-Work Plan Exhibit B-Budget Exhibit C-Schedule Exhibit D-Standard Conditions Exhibit E-Authorizing Resolution Exhibit F-Local Project Sponsors Exhibit G-Report Formats and Requirements Exhibit H-Requirements for Statewide Monitoring and Data Submittal Exhibit I-State Audit Document Requirements and Funding Match Guidelines for Grantees Exhibit J-Project Monitoring Plan Guidance Grant Agreement No. 4600011515 Page 11 of54 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA Santa Ana Watershed ject Authority DEPA NT SOURCES i Arthur Hinojoso, let Celes Ca to Division of Integrated R gional Water Management General Manager ryry Date 1 Date ✓{ � Approved as to Legal Form and Sufficiency Rdbin Brewer,Assistant Chief Counsel Office of Chief Counsel Date �//-/& Grant Agreement No. 4600011515 Page 12 m`54 Exroen A WORK PUN The Proposition 84 2015 IRWM Implementation Grant agreement provides funding for four projects located within the Santa Ana IRWM Region. PROJECT 1:GRANT AGREEMENT ADMINISTRATION IMPLEMENTING AGENCY:Santa Ana Watershed Project Authority(SAWPA) PROJECT DESCRIPTION: The Regional Water Management Group, authorized Santa Ana Watershed Project Authority (SAWPA)to act as the applicant and the grant manager for the Proposition 84 2015 IRWM Implementation Grant. SAWPA will administer these funds and respond to DWR's reporting and compliance requirements associated with the grant administration. This office will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this agreement, obtaining and retaining evidence of compliance (e.g., CEOA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State,and coordinating all invoicing and payment of invoices. Budget Category(a): Direct Project Administration Task 1 IRWM Coordination and Application SAWPA will prepare the 2015 IRWM Grant Solicitation application by coordinating with the project proponents through the One Water One Watershed Santa Ana River Watershed IRWM process.SAWPA will assist the project proponents in describing their quantifiable benefits,explaining their budgets in detail and justifying their project costs in order to meet the level of detail required by the DWR's IRWM guidelines. Task 2 Agreement Administration SAWPA will respond to DWR's reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this agreement. Task 3 Invoicing SAWPA will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the project proponents and compiling the information into a DWR Invoice Packet. Task 4 Progress Reports and Project Completion Reports SAWPA will be responsible for compiling progress reports for submittal to DWR. SAWPA will coordinate with project proponent staff to retain consultants as needed to prepare and submit, Progress Reports and Final Project Completion Reports for each project,as well as the Grant Completion Reports. Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit G of this Agreement. For example, Progress Reports will explain the status of the project and will include the following information:summary of the work completed for the project during the reporting period; activities and milestones achieved;and accomplishments and any problems encountered in the performance of work. Project Completion Reports will include: documentation of actual work done, changes and amendments to each project, a final schedule showing actual progress versus planned progress, and copies of final documents and reports generated during the project. Deliverables: ❑ Invoices and associated backup documentation ❑ Progress Reports 0 Draft and Final Project Completion Report Grant Agreement No. 4600011515 Page 13 of54 PROJECT 2:Newhope-Placentia Trunk Sewer(NHP)Replacement Project 2-72 IMPLEMENTING AGENCY: Orange County Sanitation District(OCSD) PROJECT DESCRIPTION: This project will increase the size of the existing Newhope-Placentia (NHP) Trunk Sewer, approximately 38,300 feet of pipe in the City of Fullerton,to provide the required capacity for current and future sewer flows. Current NHP capacity ranges from an 18" pipe at the upstream end, up to 42" pipe at the downstream end.The new NHP capacity will range from approximately 30" pipe at the upstream end, to up to 54" (possibly 66") at the downstream end.The project will redirect approximately 8 million gallons per day(MGD)of the sewer flows from Santa Ana Regional Interceptor(SARI) line, and divert them to Orange County Sanitation District's(OCSD's) Plant No. 1(P3) in Fountain Valley for treatment before being sent to the Groundwater Replenishment System(GWRS). Budget Category(a): Direct Project Administration Task 1 Proiect Management Manage grant agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with SAWPA. Prepare invoices including relevant supporting documentation for submittal to DWR via SAWPA. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: ❑ Environmental Information Form(EIF) ❑ Financial Statements ❑ Invoices ❑ Other Applicable Project Deliverables Task 2 Labor Compliance Program Take all measures necessary to ensure compliance with applicable California Labor Code requirements, including, preparation and implementation of a labor compliance program or including any payments to the Department of Industrial Relations under Labor Code Section 1772.3. Deliverables: ❑ Proof of labor compliance upon request Task 3 Reoortin¢ Prepare progress reports detailing work completed during reporting period as outlined in Exhibit G of this Agreement. Submit reports to SAWPA for review and inclusion in a progress report to be submitted to DWR. Prepare Draft Project Completion Report and submit to DWR via SAWPA for DWR Project Managers comment and review no later than 90 days after project completion. Prepare Final Report addressing Grantee/DWRs comments. The report shall be prepared and presented in accordance with the provision of Exhibit G. Copies of final design submittals, construction contract documents, bids, and contractor pay requests, contractor payments,and overall project expenditures will be available to support the quarterly,annual,and final reports. Deliverables: ❑ Project Progress Reports 0 Draft and Final Project Completion Report Grant Agreement No.4600011515 Page 14 of54 Budget Category(b): land Purchase/Easement Task 4 Land Purchase/Easement No land purchases or easements are anticipated at this time for the Project.The Project will be located within existing easements and public right-of-way in the Cities of Fullerton and Anaheim. Budget Category(c): Planning/Design/Engineering and Environmental Documentation Task 5 Feasibility Studies OCSD identified the Project in its 1999 and 2006 Strategic Plan Update and in the 2009 Facilities Master Plan. Copies of these completed reports are available upon request. The preliminary design phase of the Project will include preparation of a preliminary design report consisting of a series of technical memoranda that document the conceptual design of the proposed facilities.The technical memoranda will be prepared by the engineering design consultant, reviewed by OCSD staff, and discussed in detail through review meetings and workshops. Deliverables: ❑ Preliminary Design Report Task 6 CEQA Documentation OCSD has completed environmental documentation for compliance with CEQA forthis Project in the"Program Environmental Impact Report,Collection System Improvement Plan"(PEIR)(SCHA 2006101018),dated March 2007 in its final version.The Project was identified as Project 2-65 under the PEIR.An addendum to the PEIR was developed and accepted by the OCSD board on February 24,2016. The addendum contained project specific details and studies. The Addendum did not include any changes to the Project that differed from the PEIR. Deliverables: ❑ Draft and Final EIR ❑ Copy of Notice of Determination ❑ No Legal Challenges letter ❑ Tribal Notification per Public Resources Code 4 75102 Task 7 Permittine It is anticipated that OCSD will acquire the following permits: Agency Permit CALTRANS Traverse Encroachment Permit Cities of Fullerton,Anaheim,and Orange Encroachment Permit Hauling Temporary Street Use Permit Traffic Control State Water Resources Control Board(SWRCB) Stormwater Notice of Intent California General Construction Permit(SWPPP) Order 2009-0009 DWQ Regional Water Quality Control Board Dewatering Permit under MS4 Permit Notice of Intent under General Order No.98-67 SWRCB 401 Water Quality Certification(if needed Gram Agreemem No.4600011515 Page 15 of 54 —Rolling Hills Trunk) Section 401 Water Quality Certification(if needed —Rolling Hills Trunk) South Coast Air Quality Management District Permit to Construct/Operate County of Orange, Parks Department Encroachment Permit California Occupational Safety and Health(OSHA) Excavation permit for>5 ft deep Tunneling safety,underground classification Burlington Northern and Santa Fe(BNSF)Railway Encroachment permit crossing and grade separation Army Corps of Engineers(USAGE) Section 404 Permit(if needed—Rolling Hills Trunk, B any dredging or discharge into waters of the U.S.) California Department of Fish and Wildlife Streambed Alternation Agreement(if needed— Rolling Hills Trunk for Section 1602 compliance) U.S.Fish&Wildlife Service Environmental review for USACE(d needed— Rolling Hills Trunk) Additional permits may be required and will be obtained as necessary. Deliverables: ❑ Copy of ali required permits Task 8 Design Final Design includes the preparation of a package of biddable plans and technical specifications,as well as,contractor bid and award activities.The Final Design will be submitted in two review packages before the final review package is approved and submitted:70% (DS2),90%(DS3),and 100%Final Design. Each of the design submittals will include engineering drawings and specifications,and an updated construction cost estimate and schedule, plus updated risk management and permit management plan.At each step,design submittals will be reviewed by OCSD staff and comments will be returned to the design engineer. Responses to comments will be prepared by the design engineer and discussed with OCSD staff.In accordance with OCSD's project administration procedures,these final design packages are submitted by the consultant to OCSD for review in accordance with the schedule outlined in the project Scope of Work. Formal workshops are conducted to review each package with OCSD staff. A constructability review by an objective third party will be conducted,prior to the DS3 submittal,to determine if the contract documents have sufficient information needed to bid and construct the project and avoid misinterpretations. The goal will be to address any comments prior to completion of the 100%Final Design documents. Deliverables: ❑ 70%(DS2) ❑ 90%(DS3) ❑ 100%Design Plans and Specifications Task 9 Proiect Monitoring Plan Develop and submit a Project Monitoring Plan. Along with the Project Performance Measures Table provided by DWR Project Manager,the Project Monitoring Plan(as described in Exhibit J)will include baseline conditions,a brief Grant Agreement No.4600011515 Page 16 of54 discussion of monitoring systems to be used,methodology of monitoring,frequency of monitoring,and location of monitoring points. Deliverables: ❑ Project Monitoring Plan Budget Category(d):Construction/Implementation Task 10 Construction Contracting Activities necessary to secure a contractor and award the contract include: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. As the Project is considered a public improvement,OCSD will adhere to Public Contracts Code Section 20783.OCSD will follow its Policies and Procedures for solicitation and bid evaluation. Deliverables: ❑ Bid documents ❑ Proof of Advertisement ❑ Award of contract ❑ Noticetoproceed Task 11 Construction Administration Manage the project, provide field inspections during construction, perform quality assurance and quality control, complete contract bonds,and insurance requirements.Construction and installation support services will be provided.A full time engineering construction observer will be on site for the duration of the project. Construction observer duties include: documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewinglupdating project schedule, reviewing contractor log submittals and pay requests,forecasting cash flow,notifying contractor if work is not acceptable. Deliverables: ❑ Notice of Completion Task 12 Construction/Implementation Activities Construction activities will likely include, but are not limited to the following: Mobilization: • Deliver equipment required to complete the project • Install temporary trailers for staff Site Preparation: • Traffic control and engineering support for public outreach • Secure and erect storage and staging areas • Install temporary construction power, wiring, communication, lighting facilities, water supply connections, potable water,and sanitary sewer connections for temporary trailers Install,Construct,and Excavate: • Approximately 34,800 feet of 30" — 66" pipe for upsizing existing Newhope-Placentia Trunk Sewer along State College Blvd. GranrAgreement No.4600011515 Page 17 of 54 • Approximately 3,500 feet of 18"—39" pipe for upsizing the Rolling Hills Sub-Trunk Sewer • New Diversion 47 structure to accommodate future NHP flows Improve: • Review the existing sewer alignment of approximately 18,000 feet for abandonment or replacement. Where the new sewer is placed in a new alignment,the existing sewer will be abandoned in place. This is performed by the Construction Contractor, removing the top 5 feet of the manhole structure and filling the pipes and structure with a controlled low strength material. Where the new sewer is to be installed in the existing alignment, the existing manholes and pipes will be removed and disposed. • Removal and abandonment of existing trunk sewers and manholes Commissioning and Demobilization: • Conduct performance testing(commissioning) • Remove temporary trailers and utility connections Deliverables: ❑ Photographic documentation Gmm Agreement No.4600011515 Page 18 oj54 PROJECT 3:2015 Integrated Watershed Protection Program IMPLEMENTING AGENCY: Riverside County Flood Control and Water Conservation District(RCFCWCD) PROJECT DESCRIPTION: The Watershed Protection Program consists of the following three components: (1)San Jacinto River,Stage 4,Phase 1:will install an approximately 2.5 mile long and approximately 10-12 feet high river levee in western Riverside County will provide all-weather access into and out of the San Jacinto Valley in western Riverside County and remove approximately 967 acres and approximately 445 structures from the San Jacinto River 100- year floodplain. This component will also increase the hydraulic capacity under the existing State Street Bridge, and protect the State Street Bridge from damage during high flow events. (2) Bautista Optimization Pond: will expand upon the existing recharge facilities, which include a series of 6 recharge ponds constructed adjacent to Bautista Channel, by constructing six new basins and their corresponding inlet and outlet facilities within an approximate 16-acre site with an approximate benefit of 1,200 acre feet per year. (3) Beaumont MDP-Line 16:will install an approximately 6,800 foot reinforced concrete water conveyance pipeline that will connect recharge ponds owned and operated by the Beaumont-Cherry Valley Water District to areas that collect stormwater from a tributary area of approximately 500 acres. Budget Category(a): Direct Project Administration Task 1 Project Management Manage grant agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with SAWPA. Prepare invoices including relevant supporting documentation for submittal to DWR via SAWPA. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: ❑ Environmental Information Form(EIF) ❑ Financial Statements ❑ Invoices ❑ Other Applicable Project Deliverables Task 2 Labor Compliance Program Take all measures necessary to ensure compliance with applicable California Labor Code requirements, including, preparation and implementation of a labor compliance program or including any payments to the Department of Industrial Relations under Labor Code Section 1771.3. Deliverables: ❑ Proof of labor compliance upon request Task 3 Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit G of this Agreement. Submit reports to the Grantee for review and inclusion in a progress report to be submitted to DWR. Prepare Draft Project Completion Report and submit to DWR via SAWPA for DWR Project Manager's comment and review no later than 90 days after project completion. Prepare Final Report addressing Grantee/DWRs comments. The report shall be prepared and presented in accordance with the provision of Exhibit G. Grant Agreement No.4600011315 Page 19 of 54 Deliverables: ❑ Project Progress Reports ❑ Draft and Final Project Completion Report Budget Category(b): Land Purchase/Easement Task 4 land Purchase/Easement The San Jacinto River,Stage 4,Phase 1 component will require the purchase of approximately 93 acres of right-of-way within the City of San Jacinto and County of Riverside. Neither the Bautista Optimization Pond Component,nor the Beaumont MDP-Line 16 Component will require the purchase of land or the acquisition of an easement. Deliverables: ❑ Documentation supporting property value of right-of-way ❑ All relevant documentation regarding property ownership transfer including final recorded deed,title report,etc. Budget Category(c):Planning/Design/Engineering and Environmental Documentation Task 5 Feasibility Studies Task 5.1,San Jacinto River,Stage 4.Phase 1 No Project Feasibility Study was completed as part of the project development process. However, sufficient planning level investigations have been completed for the project to proceed. Task 5.2,Bautista Optimization Pond Prepare a Project Feasibility Study as part of the project development process that will determine the feasibility of stormwater recharge at the proposed locations. Task 5.3,Beaumont MOP-Line 16 No Project Feasibility Study was completed as part of the project development process. However, sufficient planning level investigations have been completed for the project to proceed. Deliverables: ❑ Relevant Feasibility Studies Task 6 CEOA Documentation Task 6.1,San Jacinto River,Stage 4.Phase 1 A Notice of Preparation (including tribal notification to the California Native Heritage Commission) has been completed. A draft Environmental Impact Report (EIR) has been completed and has been released for public review. The Final Environmental Impact Report has been completed and approved by the City of San Jacinto,City Council. Task 6.2:Bautista Optimization Pond An Initial Study (IS) is being prepared and an anticipated Mitigated Negative Declaration (MND) will be completed. An expected Environmental Assessment will be completed as the appropriate National Environmental Protection Act documentation for the project and that document is being prepared concurrently with the CEQA IS/MND. Task 6.3: Beaumont MDP-Line 16 An IS will need to be prepared and it's anticipated that an MND will be completed. Gmnr Agreement No.4600011515 Page 10 of 54 Deliverables: ❑ Copy of approved CEQA documentation for each component as needed ❑ No Legal Challenges Letter Task 7 Permitting Obtain all necessary federal,state, and local permits.Permits may include: Task 7.1:San Jacinto River,Stage 4,Phase 1 • Federal Emergency Management Agency (FEMA): Review and approval of proposed revisions to FEMA mapped flood hazard areas and levee certification. • U. S. Army Corps of Engineers (USAGE): Review and approval of project design at connection to the existing USACE levee: Issuance of Clean Water Act Section 404 Permit. • California Department of Transportation (Caltrans): Issuance of encroachment permits for project improvements within their rights-of-way(State Route 79 Bridge). • Riverside County Transportation Department: Issuance of encroachment permits for project improvements within their rights-of-way. • Metropolitan Water District: Issuance of encroachment permits for project improvements within their rights-of- way,approval of construction plans for project improvements within their rights-of-way. • Regional Water Quality Control Board: Issuance of a National Pollutant Discharge Elimination System (NPDES) Construction: Permit (Order No. 2009-DOD9-DWQ), Issuance of Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements Permit. • California Department of Fish and Wildlife: Issuance of Lake or Streambed Alteration Agreement. Task 7.2:Bautista Optimization Pond • USACE:408 Permit-Approval of modifications and Alterations to USACE Projects. Task 7.3: Beaumont MDP-Line 16 • At this time no permits will be required for this project. Additional permits may be required for each component and will be obtained as necessary. Deliverables: ❑ Copy of all required permits Task 8 Design Complete preliminary design for the levee including the following supporting work: geotechnical investigation, topographic survey, and a preliminary design report (PDR). The FOR will provide the overall project concept for use in development of final design including the flood level models used to determine inundation areas,preliminary earthwork calculations, and preliminary design details for the levee. The Final Design for the San Jacinto River,Stage 4, Phase 1 will include the preparation of a package of biddable plans and technical specifications, as well as, contractor bid and award activities. The final design for the Bautista Optimization Ponds is nearly complete. A PDR for Beaumont Line 16 is currently in development.final Design for those projects will include the preparation of a package of biddable plans and technical specifications, plus contractor bid and award activities. Grant Agreement No.4600011515 Page 11 of 54 Deliverables: ❑ Geotechnical Report 0 Topographic Survey ❑ PDR Report ❑ Engineers Cost Estimate ❑ 100%Design Plans and Specifications Task 9 Project Monitoring Plan Develop and submit a Project Monitoring Plan for each component. Along with the Project Performance Measures Table provided by DWR Project Manager,the Project Monitoring Plan(as described in Exhibit 5)will include baseline conditions,a brief discussion of monitoring systems to be used,methodology of monitoring,frequency of monitoring, and location of monitoring points. Deliverables: ❑ Project Monitoring Plan for each component Budget Category(d):Construction/Implementation Task 10 Construction Contracting Activities necessary to secure a contractor and award the contract for each component include:develop bid documents, prepare advertisement and contract documents for construction contract bidding,conduct pre-bid meeting,bid opening and evaluation,selection of the contractor,award of contract,and Issuance of notice to proceed. Deliverables: ❑ Bid documents ❑ Proof of Advertisement ❑ Award of contract ❑ Notice to proceed Task 11 Construction Administration This task Includes managing contractor submittal review,answer requests for information, and Issue work directives for each component. A full time engineering construction observer will be on site for the duration of the project. Construction observer duties Include: documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests,forecasting cash flow, notifying contractor if work is not acceptable. Dellverables: ❑ Notice of Completion Grant Agreement No. 4600011515 Page 22 of 54 Task 12 Construction/Implementation Activities Task 12.1 San Jacinto River,Stage 4.Phase 1: Construction activities will likely include, but are not limited to the following: Mobilization and Site Preparation: • Mobilization of equipment needed for component; • Site security and installation of construction best management practices (BMPs( such as dust control measures, etc.; • Installation of noise control measures as needed to comply with noise suppression requirements required by what permit or ordinance. Levee Construction: • Construction of Levee approximately 2.5 miles long and approximately 10-12 feet high by utilizing heavy equipment; • Removal of an approximately 1,500 foot portion of the existing sand levee, to allow vehicle access, by utilizing heavy equipment in the flood control channel. • Reconstruction of the sand levee at the upstream end. San Diego Aqueduct Protection Construction: • Construction of rock cutoff wall approximately 850 feet long, approximately 22 feet wide and approximately 7 feet deep by utilizing heavy equipment; • Construction of Floodwall approximately 12 feet high and approximately 500 feet in length and approximately 46 Piles ranging in depth from approximately 36 to approximately 48 feet around the aqueduct. Task 12.2 Bautista Optimization Pond Mobilization and She Preparation: • Mobilization of equipment needed for component; • Site security and installation of construction BMPs such as dust control measures,water quality BMPs,etc.; • Installation of noise control measures as needed to comply with noise suppression requirements; • Traffic control and access to driveways. Basin Earthwork: • Construction of approximately 6 ponding basins that will cover approximately 11 acres and provide approximately 28 acre feet of storage. Inlet and Outlet Structures: • Construction of inlet and outlet structures. Waterline Extension: • Construction of waterline extension approximately 6,900 feet long with a varying diameter of approximately 30 inches to approximately 66 inches. Task 12.3 Beaumont MDP-line 16 Mobilization and Site Preparation: • Mobilization of equipment needed for component; • Site security and installation of construction BMPs such as dust control measures,water quality BMPs,etc.; • Installation of noise control measures as needed to comply with noise suppression requirements; • Traffic control and access to driveway. Grant Agreement No.460001151J Page 23 of 54 Inlet and Outlet Structures: • Construction of inlet and outlet structures. Storm Drain Construction: • Construction of multiple sized storm drain facility; • Final site grading, including installation of site surfacing material. Deliverables: ❑ Photographic documentation ❑ Engineers Certification PROJECT 4:Santa Ana River Conservation and Conjunctive Use Program(SARCCUP) IMPLEMENTING AGENCY: SAWPA and its Five Member Agencies which Include Eastern Municipal Water District (EMWD),Inland Empire Utilities Agency(IEUA),Orange County Water District(OCWD),San Bernardino Valley Municipal Water District(SBVMWD),Western Municipal Water District(WMWD) PROJECT DESCRIPTION: The purpose of SARCCUP is to Implement a collaborative program that Improves the Santa Ana River Watershed's water supply resiliency through development of additional dry-year yield (DYY). It will also conserve water, promote water use- efficiency, and Improve habitat for a native, threatened species which will help facilitate obtaining permits from the State and Federal wildlife agencies for water supply projects along the Santa Ana River. The SARCCUP programs and projects will support Implementing the One Water One Watershed 2.0 IRWM Plan Goals. SARCCUP generally consists of the following components: 1. SARCCUP Habitat Improvement - Invasive weed removal and habitat creation/restoration: Remove approximately 640 acres of the Invasive weed Arundo Donox in the Santa Ana River Watershed and construct about 40.5 acres of riparian vegetation for the Santa Ana sucker (Cotostomus sontoonae)fish In order to obtain permits for various water supply projects such as the Enhanced Recharge in Santa Ana River Basins. 2. SARCCUP Water Use Efficiency- water use efficiency and water conservation: Expand the existing water use efficiency project that received grant funding during the IRWM 2014 Drought Round to provide support to approximately five agencies for conservation-based water rate structures. Implement the Smartscape Program in the Santa Ana River Watershed. 3. SARCCUP Conjunctive Use Program - creating approximately 180,000 acre feet IAFI of DYY over a ten year period: Create a diversified Conjunctive Use Program that can be used to store wet-year water and then pump that water during droughts, providing DYY. Construct recharge ponds and/or extraction wells in the following banking locations: Basin Storage(AF) (Approximate Amounts) Chino 96,000 Elsinore 4,500 San Bernardino 60,000 San Jacinto 19,500 TOTAL 180,000 Grant Agreement No.4600011515 Page 14 a1`54 Budget Category (a): Direct Project Administration Task 1 Project Management The SAWPA member agencies and SAWPA will maintain the grant agreement including compliance with grant requirements,and preparation and submission of supporting grant documents, largely through consultant support (with consultant oversight provided by SAWPA staff). The SAWPA member agencies and SAWPA will form a new Project Committee,known as the Project Agreement 23 Committee,with representatives from each of the five SAWPA member agencies. SAWPA will perform Project Committee administration and coordination for the Project Committee. The Project Committee will make policy decisions and direct the expenditure of grant funds for the Project in relation to all Tasks except 12.6.1 and 12.6.2 while SAWPA staff will provide staff administration support.SAWPA will coordinate with the five SAWPA Member Agencies(EMWD, IEUA,OCWD,SBVM WD,and WMWO).The SAWPA member agencies, largely through consultant support,will prepare quarterly reports and invoices including relevant supporting documentation for submittal to DWR via the Grantee. The SAWPA member agencies and SAWPA will perform administrative responsibilities associated with the SARCCUP components, such as coordinating with partnering agencies and utilizing consultants/wntractors as needed. SAWPA and the SAWPA member agencies will also utilize the existing Project Committee, known as the Project Agreement 22 Committee, which includes a representative from each of the five SAWPA member agencies and was formed during implementation of the project funded by the IRWM 2014 Drought Round. The Project Agreement 22 Committee will make policy decisions and direct the expenditure of grant funds for Tasks 12.6.1 and 12.6.2 while SAWPA staff will provide administrative staff support to the Committee and coordinate with the five SAWPA member agencies. Deliverables: ❑ Environmental Information Forms(EIF)for each component ❑ Financial Statements ❑ Compiled Invoices ❑ Project Agreement forming the new Committee ❑ Other Applicable Project Deliverables Task 2 Labor Compliance Program The SAWPA member agencies and SAWPA will take all measures necessary to ensure compliance with applicable California Labor Code requirements for each applicable component, including, preparation and implementation of a labor compliance program or including any payments to the Department of Industrial Relations under Labor Code Section 1771.3. Deliverables: ❑ Proof of labor compliance for each applicable component upon request Task 3 Reporting The SAWPA member agencies and SAWPA will prepare quarterly progress reports detailing work completed during reporting period as outlined in Exhibit G of this Agreement. The SAWPA member agencies will submit reports to the Grantee for review and inclusion in a progress report to be submitted to DWR. The SAWPA member agencies and SAWPA will prepare Draft Project Completion Report and submit to DWR via the Grantee for DWR Project Manager's comment and review no later than 90 days after project completion. The SAWPA member agencies and SAWPA will prepare the Final Report addressing Grantee/DWRs comments. The report shall be prepared and presented in accordance with the provision of Exhibit G. Grant Agreemem No.4600011515 Page 15 of54 Deliverables: ❑ Compiled Quarterly Progress Reports ❑ Draft and Final Project Completion Report Budget Category(b): Land Purchase/Easement Task 4 Land Purchase/Easement Property lots or portions of lots within the project area will be purchased as necessary for construction in the EMWD, SBVMWD,and WMWD service areas.Easements may be secured as needed by the implementing agencies. Deliverables: ❑ All appraisal and related acquisition documents for the Conjunctive Use components from EMWD,SBVMWD and WMWD in partnership with Elsinore Valley Municipal Water District(EVMWD) ❑ Additional easements as needed. Budget Category (c): Planning/Design/Engineering and Environmental Documentation Task 5 Feasibility Studies The five SAWPA member agencies will develop a Master Plan for the SARCCUP Conjunctive Use Program to take advantage of approximately 1 million AF of available groundwater storage in the Santa Ana River Watershed to capture available excess supplies during wet years. The Master Plan, which will be funded entirely by the SAWPA member agencies, is intended to assist in identifying operational constraints in the SARCCUP Conjunctive Use Program and the needs to overcome these in current or potential future phases. The Master Plan will utilize a decision support model (model)and take into consideration the watershed's hydrology, planned and existing facilities,and groundwater put and take scenarios in order to better define agreements and needs for future expansion. The SAWPA member agencies divided the Master Plan development into two-steps with the first step being the development of the model. This model, which can be updated by the staff from the SAWPA member agencies, will enable the agencies to optimize the proposed SARCCUP Conjunctive Use Program facilities with the overarching goals to simulate the anticipated operations of the facilities,quantify the benefits,quantify the costs and help identify future phases of the SARCCUP Conjunctive Use Program. The five SAWPA member agencies will develop the necessary institutional agreements for the SARCCUP Conjunctive Use Program in order to store and convey through such methods as direct pumping or in lieu transfers of approximately 180,000 AF to different wholesale water agencies in the Santa Ana River Watershed over a ten year period. The agreements will reflect the result of evaluating alternative cost allocation methods and their impacts in order to define a price per AF for the water that is utilized for the SARCCUP Conjunctive Use Program. EMWD will prepare a preliminary design report for the SARCCUP Conjunctive Use Program to allow implementation in the San Jacinto Basin in EMWD's service area. The results from this study will be used for California Environmental Quality Act(CEQA)documentation and for final design. Within WMWD's general service area,WMWD, in partnership with EVMWD,will complete a well siting study/report for the Aquifer Storage Recovery (ASR) wells in the Elsinore Basin. The results from this study will be used for CEQA documentation and for final ASR design for the SARCCUP Conjunctive Use Program Implementation in the Elsinore Basin. Gmni Agreement No, 4600011515 Page 16 of54 Deliverables: ❑ Master Plan for the Conjunctive Use component ❑ Institutional agreements for the Conjunctive Use component 0 San Jacinto Basin Preliminary Design Report for the Conjunctive Use component from EMWD ❑ Elsinore Basin Siting Study/Report for the Conjunctive Use component from WMWD in partnership with EVMWD Task 6 SARCCUP CEQA Documentation The SAWPA member agencies will prepare and circulate a Notice of Preparation (including tribal notification to the California Native Heritage Commission). The agencies, with IEUA as the lead, will prepare a draft Programmatic Environmental Impact Report (PEIR)and release the document for public review, respond to comments received, file a Notice of Determination with State Clearinghouse, and prepare a letter stating no legal challenges (or addressing legal challenges). The PEIR will provide a baseline environmental document to comply with CEQA and support future site- specific projects as they are funded and implemented by each SAWPA member agency. While the water use efficiency and conservation-based rates tasks are not anticipated to qualify as a "Project" under CEQA and therefore, makes its CEQA documentation unnecessary,the PER will consider these components of SARCCUP in its evaluation. EMWD will prepare an EIR to address CEQA with a possible NEPA document. EMWD's EIR will reference the SARCCUP PEIR far the program.SBVMWD will circulate a Notice of Preparation(including tribal notification to the California Native Heritage Commission). SBVMWD will prepare draft EIR for the SARCCUP Habitat Improvement Implementation (Santa Ana sucker fish component)and release document for public review. SBVMWD will file a Notice of Determination with the State Clearinghouse.SBVMWD will prepare a letter stating no legal challenges(or addressing legal challenges). Del-rvembles: ❑ Copy of Notices of Preparation from all components as needed ❑ Draft and Final EIRs,and Notice of Determinations from all components as needed ❑ No Legal Challenges letters(or addressing legal challenges)from all components as needed Task 7 SARCCUP Permittine Each SAWPA member agency will identify federal, state, and local permits required for the SARCCUP programs and projects during preliminary and final design. Permits may include: • U.S.Army Corps of Engineers(USACE)Section 404 Permit; • State Water Resources Control Board(SWRCB)Section 401 Permit; • California Department of Fish&Wildlife(CDFW) 1602 Permit; • California Department of Public Health(CDPH)Use Permit; • Local Construction/Encroachment Permit; • Caltrans Encroachment Permit; • Federal Emergency Management Agency(FEMA)Letter of Map Amendment(LOMA); • County Flood Control District Construction Permits; • County Well Drilling and/or modification permits; • Storm Water Pollution Prevention Program (SWPPP)and General Construction Permit. Additional permits may be required and will be obtained as necessary. Deliverables: ❑ Copy of all required permits from all components as needed Grant Agreement No.4600011515 Page 27 ofM Task 8 SARCCUP Design Task 8.1 SARCCUP Conjunctive Use Program Implementation in the Chino Basin - IEUA will arrange with the retail water agencies in its service area and the Chino Basin Watermaster to recharge the groundwater basin through wet-water recharge and in-lieu recharge.Distribution of the DW supply would be by exchange, Baseline Feedersupply from the SBBA to Chino Basin,groundwater pumping and/or reclaimed water to OCWD,and interconnections to WMWD. Task 8.1.1 Baseline Feeder Extension IEUA will complete preliminary and final design on the Baseline Feeder which will be extended from its current termination near Cactus Avenue in Rialto approximately 6.5 miles to San Sevaine Creek nearthe border of Rancho Cucamonga and Fontana. IEUA will design the length,dimension,alignment,and appurtenances of the extension so the extension has an approximate 60 cubic feet per second(cfs)capacity and be similar to the existing nominal48-inch diameter feeder;possibly up to 60-inch diameter.Preliminary design work will include the following supporting work: geotechnical investigation,topographic survey,and basis of design report(BOD). Using the BOO and supporting documents,IEUA will produce 100%(Final)design, plans and specifications. Task 8.1.2 Municipal Interties on Baseline Feeder Extension IEUA will complete preliminary and final design on the extension alignment to provide recharge water discharge to San Sevaine Channel and interties for connection to Fontana Water County and Cucamonga Valley Water District. IEUA will design capacities so the facilities can perform at an expected flow of about 10-15 cfs each,which will depend on evaluation of the connecting systems,and the final design analysis. Preliminary design work will include the following supporting work:geotechnical investigation,topographic survey,and basis of BOD. Using the BOD and supporting documents, IEUA will produce 100%(Final)design,plans and specifications. Task 8.1.3 Turnout on Baseline Feeder to San Sevaine Creek IEUA will complete preliminary and final design on the Baseline Feeder extension to reach or cross the San Sevaine Creek and complete a turnout to the creek or tributary storm drain for discharge of water for recharge at basins downstream of the turnout. IEUA will design capacities so the facilities can perform at an expected flow of about 20 cfs which will depend on hydraulics analyses,supply water facilities,and the final design analysis. Preliminary design work will include the following supporting work:geotechnical investigation,topographic survey,and BOD.Using the BOD and supporting documents, IEUA will produce 100%(Final)design, plans and specifications. Task 8.1.4 Diversion on San Sevaine Creek to Recharge Basin IEUA will complete preliminary and final design on the increasing the diversion capacity to Jurupa Basin downstream of the Baseline Feeder extension by constructing a diversion gate into the flood control channel water at the existing diversion on San Sevaine Creek.IEUA will design the new structure so the facilities can likely duplicate the existing 4-foot sluice gate,piping, and controls. IEUA will design the new diversion to increase the existing capacity for imported water diversion up to 15 cfs allowing for final capacities to be determined during the final design stages. Preliminary design work will include the following supporting work:geotechnical investigation,topographic survey,and BOD.Using the BOD and supporting documents, IEUA will produce 100%(Final)design,plans and specifications. Task 8.1.5 Turnout on Devil Canyon-Azusa Pipeline into San Antonio Creek IEUA will complete preliminary and final design of a.turnout on the existing Devil Canyon Azusa Pipeline to allow water to service multiple purposes such as diverting water into San Antonio Creek for recharge at downstream recharge sites in Chino Basin and/or Orange County,as well as providing a point of connection for the Water Facilities Authority to receive water for treatment and deliver water in Chino Basin. IEUA will design the turnout capacity so the facilities can perform at an expected flow of about 40 cfs for recharge and up to 20 cfs for Water Facilities Authority,allowing the ultimate flow to depend on hydraulia analyses,supply water facilities,and the final design analysis. Preliminary design Grant Agreement No.4600011515 Page 28 of 54 work will include the following supporting work:geotechnical investigation,topographic survey,and BOD.Using the BOD and supporting documents, IEUA will produce 100%(Final)design, plans and specifications. Task 8.1.6 Production Wells in Chino/IEUA South Zone IEUA will complete the screening and evaluation of existing inactive production/agricultural wells in the southern pressure zone of IEUA's recycled water distribution system for rehabilitation. If no suitable existing wells are identified, IEUA will develop new well(s).IEUA will complete the design of plumbing the well(s)to take groundwater into the recycled water system to replace recycled water delivered to OCWD. Well(s)will have a target capacity of approximately 1,000 gallons per minute. If additional wells are designed,they may also have an approximately 1,000 gallons per minute capacity. Existing wells will have old pumping equipment removed,as needed. New pumping equipment and appurtenances will be analyzed during the planning phase taking into account regulations. Additionally, downhole rehabilitation and possible lining may be required to achieve desired production rates and may be analyzed based on possible geotechnical work. The plumbing of wells into the IEUA recycled water distribution system will be designed. Preliminary design work will include the following supporting work:geotechnical investigation,topographic survey,and BOD. Using the BOD and supporting documents, IEUA will produce 100%(Final)design, plans and specifications. If suitable existing wells cannot be identified for rehabilitation, IEUA will prepare a design for new well(s) according to remaining task funds. Task 8.2 SARCCUP Conjunctive Use Program Implementation in the San Jacinto Basin EMWD will complete preliminary and final design on facilities to augment San Jacinto Upper Pressure Sub-basin by approximately 19,500 AFY. EMWD will design development of an estimated 39-acre recharge basin,Mountain Avenue West. EMWD will complete the design of the recharge ponds to range in depth from about 10 to 15 feet, berms so they range from approximately 3 to 6 feet above existing ground, and perimeter fencing to include approximately two to three access gates. EMWD will design the pipelines to include approximately one to three 20 to 30 inch laterals from the existing 33 inch diameter raw water pipeline to the recharge ponds,and are at a length of about 700 feet. EMWD will plan for flow and pressure control facilities with a meter section which can be used to regulate the flow of water into the ponds. EMWD will design the described facilities by completing preliminary design work(will include the following supporting work:geotechnical investigation,topographic survey,and BOD). Using the BOO and supporting documents, EMWD will produce 100% (Final)design,plans and specifications. EMWD will design the amenities for a walking/jogging path with conservation-focused informational signage along the perimeter ofthe recharge site. EMWD will design the landscaping to include drought tolerant plants and drip irrigation. EMWD will produce a final design/landscaping plan. EMWD will design three(3)new extraction wells and associated distribution pipelines so the pipelines connect the wells to the existing potable water distribution system(with one pipeline per well). EMWD will design the length of the pipelines,location of the wells and the distance to the distribution system by completing preliminary design work(will include the following supporting work:geotechnical investigation,topographic survey,and BOD). Using the BOD and supporting documents,EMWD will produce 100%(Final)design,plans and specifications. Task 8.3 SARCCUP Conjunctive Use Program Implementation in the San Bernardino Basin Area SBVMWD will design the facilities necessary to remove approximately 20,000 AF of water from the San Bernardino Basin Area(SBBA)with approximately 60,000 AFY of storage and deliver to their retail area and the Metropolitan Water District of Southern California(MWDSC)system.SBVMWD will design the facilities which will include five(5)wells,an associated transmission pipeline,and an expansion phase to the Redlands Pump Stations which includes three additional 20 CFS pumps.SBVMWD will complete the preliminary design work(will Include the following supporting work: geotechnical investigation,topographic survey,and BOD). Using the ODD and supporting documents,SBVMWD will produce 1DD%(Final)design,plans and specifications. Grant Agreement No.4600011515 Page 29 of 54 Task 8.4 SARCCUP Coniunctive Use Program Implementation in the Elsinore Basin WMWD,in partnership with EVMWD,will design two dual-purpose ASR wells needed to expand the existing EVMWD conjunctive use program by 4,500 acre-feet or an additional extraction capability of 1,500 AFY.The existing EVMWD conjunctive use program is comprised of approximately eight ASR wells and a storage capacity of approximately 12,000 acre-feet.WM WD's,in partnership with EVMWD,design will include selecting well sites and analyzing the need for minor distribution pipelines,perhaps covering distances of 1,500 feet each,with the actual lengths of each well pipeline depending on the final locations of the wells and the distance to the distribution system.WMWD,in partnership with EVMWD,will complete the preliminary design work(will include the following supporting work:geotechnical investigation,topographic survey,and BOD). Using the ROD and supporting documents,WMWD,in partnership with EVMWD,will produce 100%(Final)design,plans and specifications. Task 8.5 SARCCUP Habitat Improvement Implementation Task 8.5.1 Arundo Donax Removal OCWD will design the removal of approximately 640 acres of Arundo Donax along the Santa Ana River above Prado Basin by coordination with its partners by identifying access into the river systems,equipment needed,and the amount of labor required to operate equipment and apply herbicide.OCWD will provide a final removal plan. Task 8.5.2 Santa Ana Sucker Fish Habitat Improvements Task 8.5.2.1 Anza Drain SBVMWD will conduct site preparation by analyzing locations for non-native tree removal(as well as clearing and grubbing,hazardous soil removal),create a water diversion plan,prepare earth work(such as channel excavation,gravel placement, liner,erosion control,and instream woody material),and prepare plans for infrastructure,seeding, planning,irrigation system installation,signage and fencing.SBVMWD will produce final habitat improvement plans. Task 8.5.2.2 Old Farm Road SBVMWD will conduct site preparation by analyzing locations for non-native tree removal(as well as clearing and grubbing,hazardous soil removal),create a water diversion plan,prepare earth work(such as channel excavation,gravel placement, liner,erosion control,and instream woody material),and prepare plans for infrastructure,seeding, planning, irrigation system installation,signage and fencing.SBVMWD will produce final habitat improvement plans. Task 8.5.2.3 Lower Hole Creek SBVMWD will conduct she preparation by analyzing locations for non-native tree removal(as well as clearing and grubbing,hazardous soil removal),create a water diversion plan,prepare earth work(such as channel excavation,gravel placement, liner,erosion control,and instream woody material),and prepare plans for infrastructure,seeding, planning,irrigation system installation,signage and fencing.SBVMWD will produce final habitat improvement plans. Task 8.5.2.4 Hidden Valley Wetlands SBVMWD will conduct site preparation by analyzing locations for non-native tree removal(as well as clearing and grubbing,hazardous soil removal),create a water diversion plan,prepare earth work(such as channel excavation,gravel placement, liner,erosion control,and instream woody material),and prepare plans for infrastructure,seeding, planning,irrigation system installation,signage and fencing.SBVMWD will produce final habitat improvement plans. Cmnt Agreement No.4600011515 Page 30 of54 Deliverables: ❑ BOD Reports for Conjunctive Use component from EMWD, IEUA, SBVMWD, and WMWD in partnership with EVMWD ❑ Engineer's Cost Estimate for Conjunctive Use components from EMWD, IEUA, SBVMWD, and WMWD in partnership with EVMWD ❑ 100% Design Plans and Specifications for Conjunctive Use components from EMWD, IEUA, SBVMWD, and WMWD In partnership with EVMWD ❑ Final Arundo Donax removal plans from OCWD ❑ Final Santa Ana Sucker habitat Improvement plans from SBVMWD Task 9 Proiect Monitoring Plan SAWPA and the SAWPA member agencies will develop and submit a Project Monitoring Plan that encompasses each component of SARCCUP. Along with the Project Performance Measures Table provided by DWR Project Manager,the Project Monitoring Plan (as described in Exhibit 1)will include baseline conditions,a brief discussion of monitoring systems to be used,methodology of monitoring,frequency of monitoring,and location of monitoring points. Deliverables: ❑ Compiled Project Monitoring Plan (for all components from EMWD, IEUA, WMWD in partnership with EVMWD, OCWD,SBVMWD,SAWPA) Budget Category(d):Construction/Implementation Task 10 Construction Contracting The SAWPA member agencies will undertake activities necessary to secure a contractor and award the contract for each component include: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and Issuance of notice to proceed. Deliverables: ❑ Bid documents for all components as needed ❑ Proof of Advertisement for all components as needed ❑ Award of contract for all components as needed ❑ Notice to proceed for all components as needed Task 11 Construction Administration The SAWPA member agencies will review contractor submittals, answer requests for information, and issue work directives. An engineering construction observer will be on site for the duration of the Project. Construction observer duties will include: documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests,forecasting cash flow,notifying contractor if work Is not acceptable. Deliverables: 0 Notice of Completion for each component as needed Gram Agreement No.4600011515 Page 31 of 54 Task 12 Construction/Implementation Activities Construction activities will likely Include, but are not limited to the following: Task 12.1 SARCCUP Conjunctive Use Program Implementation in the Chino Basin IEUA will construct the following facilities: Baseline Feeder Extension, Municipal Interties on Baseline Feeder Extension, Turnout on Baseline Feeder to San Sevaine Creek, Diversion on San Sevaine Creek to Recharge Basin, Turnout on Devil Canyon-Azusa Pipeline Into San Antonio Creek,Production Wells in Chino/IEUA South Zone. Task 12.1.1 Baseline Feeder Extension IEUA will extend the Baseline Feeder by approximately 6.5 miles with an approximately 48 inch pipeline from Cactus Ave and Baseline and an outfall on San Sevaine Creek in the Chino Basin.It Is anticipated the extension will have an approximate 60 cubic feet per second (cfs)capacity and be similarto the existing nominal 48-Inch diameter feeder; possibly up to 60-Inch diameter. Task 12.1.2 Municipal Interties on Baseline Feeder Extension IEUA will construct an intertie for Cucamonga Valley Water District and Fontana Water Company to take potable water from the Baseline Feeder Extension from SBVMWD.Capacities are expected to be about 10-15 cfs each,will depend on evaluation of the connecting systems,and the final design analysis. Task 12 1 3 Turnout on Baseline Feeder to San Sevaine Creek IEUA will construct a Baseline Feeder turnout allowing discharges to San Sevaine creek ortributary storm drain for discharge of water for recharge at basins downstream of the turnout. Its capacity will likely be about 20 cfs,will depend on hydraulics analyses,supply water facilities,and the final design analysis. Task 12.1.4 Diversion on San Sevaine Creek to Recharge Basin IEUA will construct a new 4-foot sluice gate and piping cutting Into the flood control channel wall of Jurupa Basin to allow an Increased rate of diversion of imported water to lurupa Basin.A rubber dam may also be installed along the flood control channel.Diversion will likely be of State Water Project water from M WDSC or SBVMWD water from the Baseline Feeder extension. The new diversion will likely increase the existing capacity for Imported water diversion up to 15 cfs;final capacities will be determined during the final design stages. Task 12.1.5 Turnout on Devil Canyon-Azusa Pipeline Into San Antonio Creek IEUA will build a dual purpose turnout for delivery of SBVMWD Imported water for 1)direct recharge in Chino or Orange County Basins,and 2)delivery,treatment,and use as in-lieu recharge in Chino Basin. The turnout capacity will likely be up to 40 cts for recharge and up to 20 cfs for Water Facilities Authority, but will depend on hydraulics analyses,supply water facilities,and the final design analysis. Task 12.1.6 Production Wells in Chino/IEUA South Zone IEUA will plumb existing inactive production/agricultural wells in the southern pressure zone of IEUA's recycled water distribution system to take groundwater into the recycled water system to replace recycled water delivered to OCWD. Each well will have a target capacity of approximately 1,000 gallons per minute.If additional wells are needed,they may also have an approximately 1,000 gallons per minute capacity. Wells will have old pumping equipment removed,as needed.New pumping equipment and appurtenances will be added based on regulations and final design. Additionally, downhole rehabilitation and possible lining will likely be required to achieve desired production rates. Wells will be plumbed into the IEUA recycled water distribution system.If suitable existing wells cannot be identified for rehabilitation,IEUA will Install new well(s)according to remaining task funds. Task 12.2 SARCCUP Conjunctive Use Program Implementation in the San Jacinto Basin EMWD will construct the following facilities: 39-acre, approximately 10-15 feet deep recharge basin, basin amenities, extraction wells (3 wells total each with a capacity of 1,500 gpm, drilled to a depth of approximately 1,200 feet), and Grant Agreement No. 4600011515 Page 31 of54 associated pipelines. The pipelines will Include approximately one to three 20- to 30-Inch laterals from the existing 33-inch diameter raw water pipeline to the recharge ponds, about 700 feet in length. Pipelines will connect the groundwater wells to the existing potable water distribution system. One pipeline will be needed for each well. The length of each well discharge pipeline will depend on the final locations of the wells and the distance to the distribution system,which we have estimated at about 1,200 feet each and diameter of approximately 12 to 1g Inches depending on capacity of the well. The basin amenities will include a walking/jogging path with conservation-targeted Informational signage along the perimeter of the recharge site. This will also Include drought-tolerant landscaping with drip Irrigation. Task 12.3 SARCCUP Conjunctive Use Program Implementation in the SBBA SBVMWD will construct the facilities necessary to remove water from the SBBA and deliver to the MWDSC system through developing construction plans and utilizing a construction contractor(s). These facilities will Include: approximately five (S) Production Wells at up to approximately 1,000 feet deep (estimated to produce from approximately 2,400 to 3,650 gallons per minute) and approximately 15,000 feet of Transmission Pipelines and an additional approximately 20 CFS pumps at the expanded Redlands Pump Station. Task 12.4 SARCCUP Conjunctive Use Program Implementation in the Elsinore Basin WMWD, in partnershlp with EVMWD,will construct two dual-purpose ASR wells within the WM WD general service area through developing construction plans and utilizing a construction contractor(s). One well will be located in the northern portion of the Elsinore Basin, and one will be located in the southern portion of the same basin referred to as the Back Basin. Each well will be estimated to operate at an average flow rate of approximately 1,000 gallons per minute(GPM). Each well will need a distribution pipeline to connect to the nearby water distribution system.The depth of the two ASR wells will ultimately depend on the final tocations selected. Similar wells In the area rage from approximately 760 to 2,100 feet deep. Task 12.5 SARCCUP Habitat Improvement Implementation The construction and implementation of the habitat improvement component of the project includes the following elements: Task 12.5.1 Arundo Donax Removal OCWD will remove approximately 640 acres of Arundo Donax along the Santa Ana River just upstream of Prado Basin in Riverside County by utilizing heavy machinery in the floodplain, herbicide and maintenance sweeps by working with Its partners. Task 12.5.2 Santa Ana Sucker Fish Habitat Improvements Task 12.5.2.1 Anza Drain SBVMWD will construct the Anza Drain habitat restoration project in Riverside County through non-native tree removal, clearing and grubbing, hazardous soil removal, Installing infrastructure, earth work such as channel excavation, erosion control,Irrigation system Installation,signage,fencing and overseeing five years of plant establishment. Task 12.5.2.2 Old Farm Road SBVMWD will construct the Old Farm Road habitat restoration project In Riverside County through non-native tree removal, clearing, grubbing, hazardous soil removal, Installing Infrastructure, earth work such as channel excavation, irrigation system Installation,signage,fencing and overseeing five years of plant establishment. Task 12.5.2.3 Lower Hole Creek SBVMWD will construct Lower Hole Creek habitat restoration project through non-native tree removal, clearing, grubbing, hazardous soil removal, installing infrastructure, earth work such as channel excavation, Irrigation system Installation,signage,fencing and overseeing five years of plant establishment. Grant Agreement No.4600011515 Page 33 of54 Task 12.5.2.4 Hidden Valley Wetlands SBVMWD will construct Hidden Valley Wetlands habitat restoration project through non-native tree removal, clearing, grubbing, hazardous soil removal, installing infrastructure, earth work such as channel excavation, irrigation system Installation,signage,fencing and overseeing five years of plant establishment. Task 12.6 SARCCUP Water Use Efficiency Implementation This will Include the work required for the implementation of the water use efficiency component of SARCCUP. It consists of the following two elements: Task 12.6.1 Conservation-Based Water Rates SAWPA will prepare contracts with retail water agencies for conservation-based water rates and recommend contract awards to the Project Agreement 22 Committee for approval. SAWPA staff will Implement the Task so retail water agencies are aware of the SARCCUP Project and execute the contracts (i.e. outreach and onboarding), the retail water agencies make progress toward completing the tasks in their individual contracts once executed, and the retail water agencies meet the conditions of the Grant Agreement. Outreach workshops In Santa Ana River Watershed (total of up to 2 workshops)will be held targeting the watershed's retail water agencies'elected officials and staff.These workshops will review the tools available to the retail water agencies for adopting conservation-based rates. Conservation-based rate structures will be Implemented by approximately five water agencies. Funding will be provided to approximately five retail agencies, through the contracts approved by the Committee, for Items needed to adopt conservation-based rate structures such as: an Implementation of a rate study, billing support needs, acquisition of weather data, Proposition 218 notices, etc.A policy will be developed by the Committee that specifies the reimbursement process for agencies. The policy will include stipulations on water conservation reporting. Tools may be developed to assist the up to five retail water agencies to adopt conservation-based water rates.These tools may Include information to determine outdoor budgets and local weather data. This component will be an extension of the Conservation Based Reporting Tools and Rate Structure Implementation Project under the Proposition 841RWM 2014 Drought Grant Agreement. Task 12.6.2 Smartscage The Smartscape Program will be Implemented to provide,on an as-needed basis as requested by the SARCCUP project proponents,education and outreach,training and communication services about drought tolerant landscaping design, Installation and maintenance.This support will Include conducting training workshops and seminars for homeowners, landscape professionals and water retail support agency staff;operation of a phone hotline to answer questions; distribution of training manuals, brochures,flyers and reports;social media posts;and outreach to local schools.The support will also assist entities that have drought tolerant landscaping and need assistance with their landscape needs to adapt to site specific soil,water and vegetation conditions.Orange County Coastkeeper and Inland Empire WaterKeeper,SARCCUP partners,will assist in the implementation of this Task.SAWPA staff will oversee Orange County Coastkeeper and Inland Empire WaterKeeper throughout implementation of the Task. Deliverables: ❑ Photographic documentation for all components,except the Water Use Efficiency Implementation component, from EMWD, IEUA,OCWD,SAWPA,SBVMWD,WMWD in partnership with EVMWD ❑ Map products showing final completed project areas for Santa Ana Sucker component and Arundo component from OCWD and SBVMWD ❑ Engineer's certification for the Conjunctive Use components from EMWD, IEUA,SBVMWD,WMWD in partnership with EVMWD ❑ Record drawings for the Conjunctive Use components from EMWD, IEUA,SBVMWD, WMWD in partnership with EVMWD ❑ Documentation of participating agencies in workshops, including sign-in sheets for the Conservation Based Water Rates Component from SAWPA Grant Agreement No.4600011515 Page 14 of54 ❑ Resolutions of adoption of conservation based rate structures for the Conservation Based Water Rates Component from SAW PA ❑ Outreach materials for the Conservation Based Water Rates and Smartscape Components from SAWPA Grant Agreement No.4600011515 Page 35 of 54 ExHlen B BUDGET SAWPA 2015 Implementation Agreement Summary Budget (FundingCost Share: Non� Additional Cost % Project Name Grant Amount State Fund Sour Share Total Cost Funding Project l:Grant Administration $3,213,394 $0 $0 $3,213,384 Project 2:Newhope-Placentia Trunk Sewer(NHP) $1,000,000 $30,DD0,DDD $73,890,GW $104,890,OD0 Replacement Project 2-72 Project 3:2015 Integrated $5,054,302 $9,060,000 $16,379,698 $30,494,000 Watershed Protection Program Project 4:Santa Ana River Conservation and Conjunctive $55,0D0,000 $30,500,000 $15,772,899 $101,272,899 Ise Prog am Grand Total $64,267,686 $69,560,000 $106,042,597 $239,670,28.3 29% Project 1: Grant Administration Budget Category ,Cost Share: Non- Additional to Grant Amount t,Fund Source Total Cost (Funding Match) I Cost Share (a) Direct Project Administration $3,213,384 $0 1 $D 1 $3,213,384 (b) Land Purchase/Easements $0 $0 $D $0 (c) Planning/Design/Engineering/Environmental $0 $0 Documentation (d) Construction/Implementation $0 $0 $0 $0 TOTAL $3,213,384 $0 $0 $3,223,384 Project 2: Newhope-Placentia Trunk Sewer(NHP) Replacement Project 2.72 Budget Category Cost Share: Non. Grant Amount State Fund Source Additional Total Cost (Funding Match) Cost Share (a) Direct Proect Administration $0 $0 $25,095,648 $25,095,648 (b) Land Purchase/Easements $0 $0 $0 $0 (c) Planning/Design/Engineering/ $1,000,000 $0 $8,315,055 $9,315,055 Environmental Documentation (d) Construction/Implementation $0 $30,000,000 $40,479,297 $70,479,297 TOTAL $1,000,000 $30,000,OD0 $73,890,000 $104,890,000 Grant Agreement No.4600011515 Page 36 of 54 Project 3: 2015 Integrated Watershed Protection Program Budget Category at Cost Share Total Cost (a) Direct Project Administration $0 $0 1 $0 1 $0 (b) land Purchase/Easements $0 $2,500,000 $2,500,000 $510001000 (c) Planning/Design/Engineering/ $54,302 $0 $5,379,690 $5,434,000 Environmental Documentation (d) Construction/Implementation $5,000AW $6,560,000 $11,500,000 $20,060,000 TOTAL $5,054,302 $9,060,000 $16,379,693 $30,494,000 Project 4: Santa Ana River Conservation and Conjunctive Use Program Budget Category Cost Share: lhlon� Additional Grant Amount State Total Cost a Direct Project Administration $1,000,000 $0 $110001000 $2,000,000 (b) land Purchase/Easements $339,000 $0 $200,000 $1,039,0Be (c) Planning/Design/Engineering/ $5,274A05 $0 $5,367,685 $10,6a2,090 Environmental Documentation (d) Construction/Implementation $47,1136,595 $30,500,000 $9,205,214 $g7,591,g09 TOTAL $55,D00090 $30,500,000 $15,772,899 $101,272,11199 Grant Agreement No. 4600011515 Page 37 of54 Exaun C SCHEDULE Category Start Date End Task(a) Direct Project Administration June-15 December-21 Task 1 Agreement Administration June-15 December-21 Task Invoicing January-16 December-21 Task 3 Progress Reports and Project Completion Reports January-16 December-21 Project 2: Newhope-Placentia Trunk Sewer(NHP)Replacement Project Category Start Date End Fate Task(a) Direct Project AdministrationApril-14 December-21 Task 1 Project Management April-14 Se ember-21 Task Wbor Compliance April-14 Se ember-21 Task 3 Reporting April-14 December-21 Task(b) Land Purchase/Easement n/a n/a Task4 Not Applicable n/a n/a Task a Planning/Design/Engineering and Environmental DocumentationSeptember-14 September-21 Task Feasibility Studies Se ember-14 Se ember-16 Task 6 CECIA Documentation n/a n/a Task 7 Permitting September-14 Se tember-18 Task Design July-15 Februa -19 Task Project Monitoring Plan Se tember-14 Se ember-21 Task d) Construction/Implementation I-I6 Se tember-21 Task 10 Construction Contracting Aril-16 Se tember-21 Task 11 Construction Administration April-16 September-21 Task 12 Construction/Implementation Activities I April-16 I September-21 Grant Agreement No. 4600011515 Page 38 of 54 Project 3: 2015 Integrated Watershed Protection Program Catq. Start Date End Date Task(a) Direct Project Administration January-11 December-21 Task 1 Project Management January-11 September-21 Task Labor Compliance lanua -11 September-21 Task Reporting January-11 December-21 Task(b) land Purchase/Easement January-11 October-19 Task Land Purchase/Easement January-11 October-19 Task(c) Planning/Design/Engineering and Environmental Documentation January-11 September-21 Task Feasibility Studies June-11 May-15 Task 1 CEQA Documentation January-11 October-17 Task? Permitting June-15 November-19 Task 8 Design Ma -15 June-18 Task Project Monitoring Plan January-11 September-21 Task(d) Construction/Implementation Ma -16 September-21 Task 10 Construction Contracting Ma -16 September-21 Task 11 Construction Administration Jul -16 September-21 Task 12 Construction/Implementation Activities December-16 1 September-21 Project 4:Santa Ana River Conservation and Conjunctive Use Program(SARCCUP) Task(a) Direct Project Administration April-16 December-21 Task 1 Project Management April-16 September-21 Task 2 Labor Compliance July-16 September-21 Task Reporting July-16 December-21 Task(b) land Purchase/Easement July-15 October-18 Task Land Purchase/Easement Ju -15 October-18 Task(c) Planning/Design/Engineering and Environmental Documentation January-15 September-21 Tasks 1 Feasibility Studies January-16 April-20 Task 1 CEQA Documentation July-15 October-18 Task Permitting July-15 January-20 Task Design January-15 July-19 Task Project Monitoring Plan July-16 September-21 Task(d) Construction/Implementation May-16 September-21 Task 10 Construction Contracting January-17 September-21 Task 11 Construction Administration July-17 September-21 Task 12 Construction/Implementation Activities May-16 September-21 Grant Agreement No.4600011515 Page 39 of54 EXHIBIT D STANDARD CONDITIONS 13.1) ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT: a) Separate Accounting of Funding Disbursements and Interest Records: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied.Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds.Grantee shall require its contractors or subcontractors to maintain books,records,and other documents pertinent to their work in accordance with generally accepted accounting principles and practices.Records are subject to inspection by State at any and all reasonable times. b) Fiscal Management Systems and Accounting Standards:The Grantee agrees that,at a minimum,its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Grant Agreement. c) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited,administered,and accounted for pursuant to the provisions of applicable law. d) Remittance of Unexpended Funds:Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60)calendar days from the final disbursement from State to Grantee of funds or,within thirty (30)calendar days of the expiration of the Grant Agreement,whichever comes first. D.2) ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost-sharing partners for their support when promoting the Projects or using any data and/or information developed under this Grant Agreement. During construction of each project, Grantee shall install a sign at a prominent location,which shall include a statement that the project is financed under the Safe Drinking Water,Water Quality and Supply, Flood Control,River and Coastal Protection Bond Act of 2006,administered by State of California,Department of Water Resources. Grantee shall notify State that the sign has been erected by providing them with a site map with the sign location noted and a photograph of the sign. D.3) AIR OR WATER POLLUTION VIOLATION: Under State laws,the Grantee shall not be: (1)in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to §13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions;or (3) finally determined to be in violation of provisions of federal low relating to air or water pollution. DA) AMENDMENT:This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable low.Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request.State shall have no obligation to agree to an amendment. D.5) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement. Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et sec.),which prohibits discrimination on the basis of disability,as well as all applicable regulations and guidelines issued pursuant to the ADA. DA) APPROVAL:This Agreement is of no force or effect until signed by all parties to the agreement. Grantee may not submit invoices or receive payment until all required signatures have been obtained. D.7) AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of Projects,with the costs of such audit borne by State. After completion of the Projects,State may require Grantee to conduct a final audit to Slate's specifications, at Grantee's expense,such audit to be conducted by and a report prepared by an independent Gran!Agreement No. 4600011515 Page 40 of 54 Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement,and State may elect to pursue any remedies provided in Paragraph 14 or take any other action it deems necessary to protect its interests. Pursuant to Government Code§8546.7,the Grantee shall be subject to the examination and audit by the State for a period of three years after final payment under this Grant Agreement with respect to all matters connected with this Grant Agreement,including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for of least three )3) years after project completion or final billing,whichever comes later. D.8) BUDGET CONTINGENCY:If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Proposition 84 Implementation Grant Program, this Grant Agreement shall be of no force and effect.This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement.In this event,State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be Construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act for purposes of this program,State shall have the option to either concel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount. D.9) CALIFORNIA CONSERVATION CORPS: As required in Water Code §79038)b), Grantee shall examine the feasibility of using the California Conservation Corps or community conservation corps to accomplish the habitat restoration,enhancement and protection activities listed in the Exhibit A,Work Plan, and shall use the services of one of these organizations whenever feasible. D.10) CEGA,Activities funded under this Grant Agreement,regardless of funding source, must be in compliance with the California Environmental Quality Act )CEQA) )Public Resources Code§21000 et seq.).Information on CEQA may be found at the following links: Environmental Information: httn://resources.ca.aov/ceaa/ California State Clearinghouse Handbook: httos://www.00r.co.00v/docs/SCH Handbook 2012.odf D.11) CHILD SUPPORT COMPLIANCE ACT: For any Grant Agreement in excess of$100,000,the Grantee acknowledges in accordance with Public Contract Code §7110,that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, Including,but not limited to,disclosure of Information and compliance with earnings assignment orders, as provided in Chapter 8 )commencing with §5200) of Pad 5 of Division 9 of the Family Code; and b) The Grantee, to the best of Its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.12) CLAIMS DISPUTE:Any claim that the Grantee may have regarding performance of this agreement including, but not limited to,claims for additional compensation or extension of time, shall be submitted to the State's Project Manager,within thirty )30) calendar days of the Grantee's knowledge of the claim.State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. D.13) COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities far acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement. Gran(Agreement No.4600011515 Page 41 of 54 D.14) COMPUTER SOFTWARE:Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used In the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. 0.15) CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.Failure to comply with these laws,including business and financial disclosure provisions,will result in the application being rejected and any subsequent contract being declared void.Other legal action may also be taken. Applicable statutes include, but are not limited to,Government Code, §1090 and Public Contract Code, §10410 and §10411,for State conflict of interest requirements. a) Current State Employees: No State officer or employee shall engage in any employment,activity,or enterprise from which the officer or employee receives compensation or has a financial Interest and which is sponsored or funded by any State agency, unless the employment,activity, or enterprise is required as a condition of regular State employment.No State officer or employee shall contract on his or her own behalf as on independent contractor with any State agency to provide goods or services. b) Former State Employees:For the two-year period from the dote he or she left State employment,no former State officer or employee may enter Into a contract in which he or she engaged in any of the negotiations,transactions,planning,arrangements,or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment,no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the some general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee:Employees of the Grantee shall comply with all applicable provisions of low pertaining to conflicts of Interest,including but not limited to any applicable conflict of interest provisions of the California Political Reform Act, Government Code§87100 of seq. d) Employees and Consultants to the Grantee:Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700)if It is determined that an individual is a consultant for Political Reform Act purposes. D.16) DELIVERY OF INFORMATION. REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports,data.Information,and certifications as may be reasonably required by State. D.17) DISPOSITION OF EQUIPMENT: Grantee shall provide to State,not less than 30 calendar days prior to submission of the final invoice,an itemized inventory of equipment purchased with funds provided by State.The inventory shall include oil items with a current estimated fair market value of more than $5,000.00 per item.Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the Items on the inventory that State will take tUle to.All other items shall become the property of Grantee.State shall arrange for delivery from Grantee of items that it takes title to.Cost of transportation, if any, shall be borne by State. D.18) DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance:By signing this Grant Agreement, Grantee, its contractors or subcontractors hereby certify,under penalty of perjury under the laws of State of California,Compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code §8350 et seq.)and have or will provide a drug-tree workplace by taking the following actions: a) Publish a statement notifying employees, contractors,and subcontractors that unlawful manufacture, distribution, dispensation,possession,or use of a controlled substance is prohibited and specifying actions to be taken against employees,contractors,or subcontractors for violations, as required by Government Code§8355(a)(1). Grant Agreement No.4600011513 Page 42 of54 b) Establish a Drug-Free Awareness Program,as required by Government Code §8355(a)(2) to inform employees, contractors,or subcontractors about all of the following: 1) The dangers of drug abuse in the workplace, it) Grantee's policy of maintaining a drug-free workplace, ifl) Any available counseling,rehabilitation,and employee assistance programs, and iv) Penalties that may be imposed upon employees,contractors,and subcontractors for drug abuse violations. c) Provide,as required by Government Code§8355(a)(3), that every employee, contractor,and/or subcontractor who works under this Grant Agreement: i) Will receive a copy of Grantee's drug-free policy statement, and ii) Will agree to abide by terms of Grantee's condition of employment, contractor subcontract. D.19) FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL, Upon completion of the Project, Grantee shall provide for a final inspection and certification by the appropriate registered professional (California Registered Civil Engineer or Geologist) that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement. Grantee shall notify the State's Project Manager of the inspection date at least 14 calendar days prior to the Inspection In order to provide State the opportunity to participate in the Inspection. D.20) GRANTEE COMMITMENTS: Grantee accepts and agrees to comply with all terms, provisions,conditions and commitments of this Grant Agreement, including all incorporated documents,and to fulfill all assurances,declarations, representations,and statements made by the Grantee in the application, documents, amendments,and communications filed in support of its request for funding. D.21) GRANTEE NAME CHANGE: Approval of the State's Program Manager is required to change the Grantee's name as listed on this Grant Agreement. Upon receipt of legal documentation of the name change the State will process an amendment.Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. D.22) GOVERNING LAW:This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.23) INDEMNIFICATION: Grantee shall indemnity and hold and save the State,its officers,agents,and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation)that may arise out of the Projects and this Agreement,including, but not limited to any claims or damages arising from planning,design, construction. maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement.Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insured on their liability insurance for activities undertaken pursuant to this Agreement. D.24) INDEPENDENT CAPACITY: Grantee,and the agents and employees of Grantees,in the performance of the Grant Agreement, shall act in an independent capacity and not as officers,employees,or agents of the State. D.25) INSPECTION OF ROOKS.RECORDS.AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books,records,or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements,and receipts with respect to Its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement,and State may withhold disbursements to Grantee or take any other action It deems necessary to protect its Interests. D.26) INSPECTIONS OF PROJECT BY STATE:State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement.This right shall extend to any subcontracts,and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State. Grant Agreement No.4600011515 Page 43 of 54 D.27) INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected Invoice submitted.Failure to use the address exactly as provided may result in return of the Invoice to the Grantee.Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid,in the United States mail.Any claim that Grantee may have regarding the performance of this Grant Agreement including,but not limited to claims for additional compensation or extension of time,shall be submitted to the DW R Project Manager Within thirty (30) calendar days of Grantee's knowledge of the claim.State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement the terms of any such resolution. D.28) LABOR CODE COMPLIANCE:The Grantee will be required to keep Informed of and take all measures necessary to ensure compliance with applicable Labor Code requirements,including, but not limited to, §1720 et seq.of the Labor Code regarding public works, limitations on use of volunteer labor (Labor Code§1720.4).labor compliance programs (Labor Code §1771.5) and payment of prevailing wages for work done and funded pursuant to these Guidelines,including any payments to the Department of Industrial Relations under Labor Code§1771.3. 0.29) NONDISCRIMINATION: During the performance of this Grant Agreement,Grantee and Its contractors or subcontractors shall not unlawfully discriminate,harass,or allow harassment against any employee or applicant for employment because of sex (gender),sexual orientation, race,color, ancestry, religion, creed, national origin (Including language use restriction),pregnancy,physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics),age (over 40), marital status, and denial of medial and family care leave or pregnancy disability leave.Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and Its contractors or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12990 (a-f)et seq.) and the applicable regulations promulgated there under (California Code of Regulations,Title 2, §7285 et seq.).The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code §12990 (a-f),set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,are incorporated into this Agreement by reference and made a part hereof as If set forth in full. Grantee and Its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement. D.30) NO DISCRIMINATION AGAINST DOMESTIC PARTNERS: For contracts over$100,000 executed or amended after January 1,2007, the Grantee certifies by signing this Grant Agreement, under penalty of perjury under the laws of State of California that Grantee is in compliance with Public Contract Code §10295.3. D.31) OPINIONS AND DETERMINATIONS:Where the terms of this Grant Agreement provide for action to be based upon,judgment,approval,review,or determination of either party hereto, such terms are not Intended to be and shall never be construed as permitting such opinion,judgment, approval,review,or determination to be arbitrary, capricious, or unreasonable. D.32) PERFORMANCE AND ASSURANCES: Grantee agrees to faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A (Work Plan)and to apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law. D.33) PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement Includes services in excess of$200,000,the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of old under Welfare and Institutions Code §11200 in accordance with Public Contract Code §10353. D.34) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION:The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate,or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Grant Agreement No.4600011515 Page 44 of54 Projects,or with Grantee's service of water,without prior permission of State. Grantee shall not take any action, including but not limited to.actions relating to user fees,charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement,without prior written permission of State.State may require that the proceeds from the disposition of any real or personal property be remitted to State. D.35) REMEDIES NOT EXCLUSIVE:The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.36) RETENTION: Notwithstanding any other provision of this Grant Agreement,State shall, far each project, withhold five percent (5.0%) until January I,2018 and ten percent (10.0%), thereafter, of the funds requested by Grantee for reimbursement of Eligible Costs.Each project in this Grant Agreement will be eligible to release Its respective retention when that project is completed and Grantee has met requirements of Paragraph 19, "Submissions of Reports",except In the case of the last project to be completed under this Grant Agreement,in which case retention for such project will not be disbursed until the"Grant Completion Report" is submitted to and approved by State. State shall disburse retained funds to the Grantee. D.37) RIGHTS IN DATA:Grantee agrees that all data,plans,drawings,specifications,reports,computer programs, operating manuals,notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act., Government Code§6250 et seq. Grantee may disclose,disseminate and use in whole or in part,any final form data and information received,collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who Intends to do so.The State shall have the right to use any data described in this paragraph for any public purpose. D.39) SEVERARILIM Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified. D.39) STATE REVIEWS:The parties agree that review or approval of projects applications,documents, permits, plans,and specifications or other project information by the State is for administrative purposes only and does not relieve the Grantee of their responsibility to properly plan, design,construct, operate, maintain, Implement, or otherwise carry out the projects. D.40) SUSPENSION OF PAYMENTS:This Grant Agreement may be subject to suspension of payments or termination, a both,and Grantee may be subject to debarment if the State determines that: a) Grantee,its contractors, or subcontractors have made a false certification, or b) Grantee,its contractors,a subcontractors violates the certification by falling to carry out the requirements noted in this Grant Agreement. D.41) SUCCESSORS AND ASSIGNS:This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or Interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.42) TERMINATION BY GRANTEE:Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations.In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. D.43) TERMINATION FOR CAUSE:Subject to the right to cure under Paragraph 14, the State may terminate this Grant Agreement and be relieved of any payments should Grantee fall to perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 14. Grant Agreement No.4600011515 Page 45 of 54 D.44) TERMINATION WITHOUT CAUSE:The State may terminate this Grant Agreement without cause on 30 calendar days advance written notice.The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.45) THIRD PARTY BENEFICIARIES:The parties to this Grant Agreement do not intend to create rights in,or grant remedies to, any third party as a beneficiary of this Agreement, or any duty,covenant,obligation Or understanding established herein. D.46) TIMELINESS:Time is of the essence in this Grant Agreement. D.47) TRAVEL:Grantee agrees that travel and per diem costs shall NOT be eligible for reimbursement with State funds, and shall NOT be eligible for computing Grantee cost match.Travel includes the costs of transportation,subsistence,and other associated costs incurred by personnel during the tern of this Grant Agreement. D.48) WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law.Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters,and such provisions shall continue in full force and effect. D.49) WORKERS'COMPENSATION:Grantee affirms that it is aware of the provisions of§3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Grant Agreement and will make its contractors and subcontractors aware of this provision. Gmnr Agreement No.4600011515 Page 46 oj54 EXHIBIT E AUTHORIZING RESOLUTION RESOLUTION NO.2015-06 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SANTA ANA WATERSHED PROJECT AUTHORITY AUTHORIZING PREPARATION AND SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES(DWR) TO OBTAIN AN INTEGRATED REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT;AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH DWR WHEREAS,the Santa An Watershed Project Authority is recognized by the State of Celifomia as the regional planing agency to coordinate,prepare,and implement tntegmtcd Regional Water Management; WHEREAS,the agency recently conducted a process as part of its Ore Water One Watershed 2015 hnplen evutin solicitation where three projects as part of m overall project portfolio were identified and selected for funding that would provide horizontal and vsrtital integration between water resource agencies and provide multiple benefits to the Santa An River Watershed; WHEREAS,the Santa Alm Watershed Project Authority has demonstrated that the pmjm portfolio has been vened through the Santa Ana Funding Area's Regional Water Maoagemrnt Group; NOW,THEREFORE,BE IT RESOLVED that the Board of Commissioners of the Santa Ana Watershed Project Authority(SA W PA)hereby resolves as follows: Section I. Stiff is authorized and directed to prepare,sign and submit an application to the California Depanmrnl of Water Resources(DWR)to obtain a 2015 Integrated Regional Water Matmgement Implementation Grant pursuant to the Safe Drinking Water,Water Quality and Supply, Flood Control,River and Coastal Protection Bond Act of 2006(Public Resource Code Section 75001 st seq.);and Section 2. Staff is authorized to enter into an agreement with DWR to receive grant funding for the One Water One Watershed 2015 Implementation pmjeet ponfolio;and, Section 3. The General Manager is hereby authorized and directed to prepare the necessary data, conduct investigations,file such application,and ezacute the grant agreement with DWR. ADOPTED this 7th day of July,2015. SANTA ANA WATERSHED PROJECT AUTHORITY B : yI ficsons,P.knees,Chin Arm: . . c-- 9 By; Kelly \ h1C,C4 oft eBoard i Gmnr Agreement No.4600011515 Page 47 of54 ENNreo F LOCAL PROJECT SPONSORS Grantee has assigned,for each project,a Local Project Sponsor according to the roles of the participating agencies identified in the IRWM Plan.Local Project Sponsors may act on behalf of Grantee for the purposes of individual project management,oversight,compliance, and operations and maintenance.Local Project Sponsors are identified for each Sponsored Project below: Sponsored Project Sponsor Agency Agency Address Project 1 -Grant Administration Santa Ana Watershed 11615 Sterling Avenue Project Authority Riverside CA 92503 Project 2-Newhope-Placentia Orange County Sanitation 10844 Ellis Avenue Trunk Sewer(NHP) Replacement Disfict Fountain Valley,CA 92708 Project 2-72 Riverside County Hood Project 3-2015 Integrated Control and Water 1995 Market Street Watershed Protection Program Conservation District Riverside.CA 92501 (RCFCWCDj Santa Ana Watershed 11615 Sterling Avenue Project Authority Riverside CA 92503 Eastern Municipal Water 2270 Trumble Road District Penis,CA 92570 Inland Empire Utilities 607510mball Avenue Project 4-Santa Ana River Agency Chino,CA 91708 Conservation and Conjunctive Orange County Wafer 18700 Ward Sheet Use Program (SARCCUP) District Fountain Valley,CA 92708 San Bernardino Valley 380 East Vanderbilt Way Municipal Water District San Bernardino,CA 92408 Western Municipal Water 14205 Meridian Parkway District Riverside. CA 92518 Grant Agreement No. 4600011515 Page 48 of 54 EXHIBIT G REPORT FORMATS Alto REQUIREMENTS The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format. - PROGRESS REPORTS Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A (Work Plan): • Percent complete estimate. • Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Scheduling concerns and issues encountered that may delay completion of the task. For each project,discuss the following at the project level,as organized in Exhibit A (Work Plan): • work anticipated for the next reporting period. • Photo documentation,as appropriate. • Any schedule or budget modifications approved by DWR during the reporting period. PROJECT COMPLETION REPORT Project Completion Reports shall generally use the following format. Executive Summary Should include a brief summary of project information and include the following items: • Brief description of work proposed to be done in the original Grant application. • Description of actual work completed and any deviations from Exhibit A. list any official amendments to this Grant Agreement,with a short description of the amendment. Reports and/or Products The following items should be provided, unless already submitted as a deliverable: • Provide a copy of any final technical report or study, produced for this project as described in the Work Plan,if applicable • Electronic copies of any data collected,not previously submitted • As-built drawings • Final geodetic survey information • Project photos • Discussion of problems that occurred during the work and how those problems were resolved • A final project schedule showing actual progress versus planned progress Costs and Dispositions of Funds A list of showing: • Summary of project cost including the following items: o Accounting of the cost of project expenditure: o Include all internal and external costs not previously disclosed )i.e.,additional cost share):and o A discussion of factors that positively Or negatively affected the project cost and any deviation from the original project cost estimate. Grant Agreement No.4600011515 Page 49 of 54 Additional Information • Benefits derived from the project,with quantification of such benefits provided,if applicable. • A final project schedule showing actual progress versus planned progress as shown in Exhibit C. • Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate) that the project was conducted in accordance with the approved work plan and any approved modifications thereto. • Submittal schedule for the Post Performance Report. GRANT COMPLETION REPORT The Grant Completion Report sholl generally use the following format.This format may be modified as necessary to effectively communicate information on the various projects in the IRWM Program funded by this Grant Agreement,and includes the following: Executive Summary The Executive Summary consists of a maximum of twenty (20) pages summarizing information for the grant as well as the individual projects. Reports and/or products • Summary of the regional priorities, objectives,and water management strategies of the IRWM Plan. • Brief comparison of work proposed in the original Safe Drinking Water,Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 20061RWM Implementation Grant application and actual work done. • Brief description of the projects completed and how they will further the goals identified in the Agency's final approved IRWM Plan. • Describe how the Implemented projects will meet the regional priorities identified in the final approved IRWM Plan and how the projects contribute to regional integration. • Identify remaining work and mechanism for their implementation. • Identify any changes to the IRWM Plan as result of project implementation. • If applicable,a short discussion on how the IRWM Plan will assist in reducing dependence on Delta water supplies. • If applicable,a discussion of the critical water supply or water quality benefits to DAC as part of this Grant Agreement. Cost S. Disposition of Funds Information . A summary of final funds disbursement for each project. Additional Information • Summary of the submittal schedule for the Post Performance Reports for each of the projects in this Grant Agreement. POST-PERFORMANCE REPORT Report should be concise, and focus on how (each/the) project is actually performing compared to its expected performance; whether the project is being operated and maintained, and providing intended benefits as proposed. Reports and/or products • rime period of the annual report (e.g.. January 2015 through December 2015) • Short project description • Discussion of the project benefits • An assessment of any explanations for any differences between the expected versus actual project benefits in meeting IRWM priorities as stated in the original IRWM Implementation Grant application. Where applicable, the reporting should include quantitative metrics,i.e.. new acre-feet of water produced that year,acres of wildlife habitat added, etc. Gram Agreement No.4600011515 Page 50 of54 • Summary of any additional costs and/or benefits deriving from the project since its completion,if applicable. • Continued reporting on meeting the Output Indicators and Targets discussed in the Project Monitoring Plan discussed in Paragraph 21 of this Grant Agreement. • Any additional information relevant to or generated by the continued operation of the project. Gmni Agreement No.4600011515 Page 51 of 54 EXHIBIT H REOUIREINENTS FOR STATEWIDE MONITORING AND DATA SURMITrAL Surface and Groundwater Quality Data Groundwater quality and ambient surface water quality monitoring data that Include chemical, physical, or biological data shall be submitted to the State as described below,with a narrative description of data submittal activities included in project reports,as described in Exhibit G. Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN).The CEDEN data templates are available on the CEDEN website.Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http,//www.cecien.ora. If a project's Work Plan contains a groundwater ambient monitoring element,groundwater quality monitoring data shall be submitted to the State for inclusion In the State Water Resources Control Board's Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: htto://www.waterboards.co.00v/aamo/aeotracker aama.shtml. If further information is required,the Grantee can contact the State water Resources Control Board (SWRCB) GAMA Program. Groundwater Level Data Grantee shall submit to DWR groundwater level data collected as pan of this grant.Water level data must be submitted using the California Statewide Groundwater Elevation Monitoring (CASGEM) online data submission system. Grantee should use their official CASGEM Monitoring Entity or Cooperating Agency status to gain access to the online submittal tool and submit data. If the data is from wells that are not pad of the monitoring network,the water level measurements should be classified as voluntary measurements in the CASGEM system. If the grantee is not a Monitoring Entity or Cooperating Agency, please contact your DWR grant project manager for further assistance with data submittal.The activity of data submittal should be documented in appropriate progress or final project reports,as described in Exhibit G. Information regarding the CASGEM program can be found at htta://www.water.co.aov/aoundwater/casoem/. Gmnr Agreement No. 4600011515 Page 52 of 54 EXHIBIT I STATE AUDIT DOCUMENT REQUIREMENTS AND FUNDING MATCH GUIDELINES FOR GRANTEES State Audit Document Requirements The list below details the documents/records that State Auditors typically reviewed in the event of a Grant Agreement being audited. Grantees should ensure that such records are maintained for each State funded Program/Project.Where applicable, this list of documents also includes documents relating to the Grantee's funding match which will be required for audit purposes. Internal Controls: 1. Organization chart (e.g., Agency's overall organization chart and organization chart for this Grant Agreement's funded project. 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) State funding expenditure tracking e) Guidelines, policy(ies),and procedures on State funded Program/Project 3. Audit reports of the Grantee's Internal control structure and/or financial statements within the last two years. 4. Prior audit reports on State funded Program/Project. State Fundina: I. Original Grant Agreement,any amendment(s) and budget modification documents. 2. A list of all bond-funded grants,loans or subventions received from the State. 3. A list of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related,if applicable. 2. Contracts between the Grantee, member agencies, and project partners as related to the State funded Program/Project. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor Invoices to State reimbursement requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips or bank statements showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors,subcontractors. consultants, and/or agents under the Grant Agreement. Accountina Records: 1. Ledgers showing receipts and cash disbursement entries for State funding. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to reimbursement requests submitted to the State for the Grant Agreement Administration Costs: 1. Supporting documents showing the calculation of administration costs. Gmnr Agreement No.4600011515 Page 53 of54 Personnel: 1. List of all contractors and Grantee staff that worked on the State funded Program/Project. 2. Payroll records including timesheets for contractor staff and the Grantee's Project Files: 1. All supporting documentation maintained in the Program/Project files. 2. All Grant Agreement related correspondence. Funding Match Guidelines Funding Match consists of non-State funds including in-kind services. In-kind services are defined as work performed or items contributed (i.e.,dollar value of non-cash contributions) by the Grantee (and potentially other parties involved) directly related to the execution of Exhibit A (Work Plan) (examples:volunteer services, equipment use,and facilities). The cost of in-kind service can be counted as funding match in-lieu of actual funds (or revenue) provided by the Grantee. Other funding match and in-kind service eligibility conditions may apply. Provided below is guidance for documenting funding match with and without in-kind services. I. Although tracked separately,in-kind services shall be documented and, to the extent feasible, supported by the same methods used by the Grantee for its own employees. Such documentation should include the following: a. Detailed description of the contributed item(s)a service(s) b. Purpose for which the contribution was made (tied to Grant Agreement Exhibit A (Work Plan)) c. Name of contributing organization and date of contribution d. Real or approximate value of contribution.Who valued the contribution and how the value was determined? (e.g.,actual,appraisal,fair market value,etc.).Justification of rate. (See item fit, below) e. For contributed labor,the person's name, the work performed,the number of hours contributed, and the pay rate applied I. If multiple sources exist,these should be summarized on a table with summed charges g. Source of contribution and whether it was provided by, obtained with,or supported by government funds 2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee's organization. For example,volunteer service of clearing vegetation performed by an attorney shall be valued at a fair market value for this service, not the rate for professional legal services.In those instances in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the tabu market. Paid fringe benefits that are reasonable,allowable and allocable may be included in the valuation. 3. Funding match contribution (including in kind services) shall be for costs and services directly attributed to activities included in the Grant Agreement Work Plan.These services, furnished by professional and technical personnel,consultants,and other skilled and unskilled labor may be counted as in-kind if the activities are an integral and necessary part of the State funded Program/Project under the Grant Agreement. 4. Cosh contributions made to a Progrom/Project shall be documented as revenue and in-kind services as expenditure. These costs should be tracked separately in the Grantee's accounting systems. Gram Agreement Nu.4600011515 Page 54 of 54 ExxleIT 1 PROJECT MONITORING PLAN GUIDANCE Introduction Please include a brief description of the project (maximum-150 words) including project location. implementation elements, and need for project (what problem will the project address). Project Monitoring Plan Components The Project Monitoring Plan should contain responses to the following questions: • What are the anticipated project physical benefits? • What are the corresponding numeric targets for each project benefit? • How Will proposed numeric targets be measured? • What are baseline conditions? • When will the targets be met (upon project completion, five years after completion,etc.) • How often will monitoring be undertaken (monthly yearly, etc.). • Where are monitoring point locations (ex:meter located at...of stream mile...)? Include relevant maps. • How will the project be maintained (ex:irrigation, pest management,weed abatement..)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements,CEQA/NEPA mitigation measures)? • Who is responsible for collecting the samples (who is conducting monitoring and/or maintenance)? • How,and to whom,will monitoring results be reported (e.g.,: paper reports, online databases, public meetings)? • What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance? • What is the anticipated life of the project? ADMINISTRATION COMMITTEE Meng D310 TOBE. Dir. 04/lti10/19 04/24/1Of9 AGENDA REPORT Item Item Number 4 10 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: PROPOSED ADOPTION OF WASTEWATER DISCHARGE REGULATIONS, ORDINANCE NO. OCSD-53 GENERAL MANAGER'S RECOMMENDATION A. Introduce Ordinance No. OCSD-53, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District Amending Wastewater Discharge Regulations; and repealing Ordinance No. OCSD48" for first reading at the April 24, 2019 Board meeting; B. Motion to read Ordinance No. OCSD-53 by title only and waive reading of said entire Ordinance on April 24, 2019; C. Set May 22, 2019, as the date for the second reading and adoption of Ordinance No. OCSD-53; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. BACKGROUND Assembly Bill 967 (2017), herein referred to as AB 967, creates a regulatory and permitting framework to allow alkaline hydrolysis of human remains (i.e., "water cremation') effective July 1, 2020. Prior to receiving a license to operate, any facility performing water cremation must obtain permits from the appropriate local agency or agencies to properly dispose of the liquefied remains into the local or regional sewerage system. On January 8, 2018, the Groundwater Replenishment System (GWRS) Steering Committee voted unanimously to recommend to the Orange County Sanitation District (Sanitation District) to modify its Wastewater Discharge Regulations Ordinance No. OCSD-48 to prohibit the receipt of hydrolysate through the sewer system. Under AB 967, receipt of such waste is entirely voluntary and at the discretion of the local agency. The law also explicitly recognizes the promotion of advanced water recycling systems as an example basis for prohibiting hydrolysate discharges to the sewer. Wastewater agencies may accept the hydrolysate directly through the sewer system or indirectly via trucked waste to the wastewater treatment plant. On April 25, 2018 and in accordance with the GWRS Steering Committee recommendation, the Sanitation District Board of Directors voted to direct staff to modify Page 1 of 3 the Sanitation District's Ordinance No. OCSD-48 by prohibiting the receipt of hydrolysate either indirectly or directly to the Sanitation District's Sewerage System. The proposed revisions to the Wastewater Discharge Regulations include changes that are administrative and regulatory in nature. Other revisions are changes required or recommended by United States Environmental Protection Agency and the Santa Ana Regional Water Quality Control Board and language clarifications based on recent enforcement actions. RELEVANT STANDARDS • Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring agencies • Build brand, trust, and support with policy makers and community leaders • Listen to and seriously consider community input on environmental concerns • AB 967— Human remains disposal: alkaline hydrolysis: licensure and regulation • Ordinance No. OCSD-48 PROBLEM AB 967 states in the Business and Professions Code Article 2.7, 7639.10, (8)(D), "Authorization for disposal of hydrolysate using a sewer collection system shall be voluntary and at the discretion of each public agency.... Each public agency has the discretion to authorize or to prohibit the discharge of hydrolysate into a sewer collection system for any reason, including for purposes of promoting advanced water recycling systems". After considering three options, the GWRS Steering Committee unanimously voted to recommend that the Sanitation District prohibit all discharges from alkaline hydrolysis of human remains into its sewerage system, whether or not the flows are tributary to the Groundwater Replenishment System. PROPOSED SOLUTION Modify the Sanitation District's Ordinance No. OCSD-48 to prohibit the receipt of hydrolysate directly or indirectly into the Sanitation District's sewerage system. TIMING CONCERNS Commencing July 1, 2020, AB 967 would require the Cemetery and Funeral Bureau within the Department of Consumer Affairs to license and regulate hydrolysis facilities. As specified, the bill would require an applicant for a hydrolysis facility license to present to the bureau any state or locally required permits for business operations, prove that it has the appropriate permits and contracts for the disposal of hydrolysate, and employ a hydrolysis chamber approved by the State Department of Public Health. Staff recommends resolving this matter via ordinance amendment by January 1, 2020 in order to allow planning and permitting by July 1, 2020. Page 2 of 3 RAMIFICATIONS OF NOT TAKING ACTION 1. The Sanitation District would not be enacting the GWRS Steering Committee recommendation. 2. GWRS's ability to beneficially reuse the reclaimed water may be compromised by the public's perception. 3. The Sanitation District would need to develop and maintain policies and guidelines, establish and enforce permits for hydrolysate dischargers and provide additional safety and spill training and personal protective equipment to on-site Sanitation District staff. PRIOR COMMITTEE/BOARD ACTIONS April 2018 — Board of Directors directed staff to prepare amendments to the Sanitation District's Wastewater Discharge Regulations Ordinance No. OCSD-48 for consideration by the Board of Directors prohibiting the direct or indirect receipt of hydrolysate into the Sanitation District's sewerage system. January 2018 — GWRS Steering Committee recommended that OCSD modify its Wastewater Ordinance to prohibit the receipt of hydrolysate through the sewer system. February 2016 — Board of Directors adopted Ordinance No. OCSD-48, entitled "An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations and repealing Ordinance No. OCSD-39". January 2016 - Board of Directors introduced Ordinance No. OCSD-48, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District Establishing Wastewater Discharge Regulations; Revising Articles 1 through 8, and repealing Ordinance No. OCSD-39".Article 2. Section 212. Prohibition on Liquefaction was deleted. ATTACHMENT The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: • Ordinance No. OCSD-53 Fact Sheet • Draft Ordinance No. OCSD-53 Establishing Wastewater Discharge Regulations and Repealing Ordinance No. OCSD-48 (Redline) Page 3 of 3 Ordinance No. OCSD-53 Fact Sheet What is Ordinance No.OCSD53? Ordinance No. OCSD-53 is the latest revision of Orange County Sanitation District's (OCSD)Wastewater Discharge Regulations, formerly OCSD-48. The Ordinance is a legal mechanism implemented by OCSD that sets out requirements for the discharge of pollutants into OCSD's collection system and reclamation and treatment facilities; ensures that OCSD has adequate legal authority to effectively implement its local Pretreatment Program; and contains Local Limits controlling discharge of pollutants with which Users of OCSD's sewer collection systems must comply. Why does It have to change? This is best described as a special opening of the Ordinance which is prompted, in part, by State legislation that has a near-term effective date. Other sections of the Ordinance are being revised at the direction of the Board of Directors or General Manager to clarify and strengthen language based on on-going enforcement. What are the significant modifications to OCSD's draft Wastewater Discharge Regulations Ordinance impacting permitted users? OCSD's draft Pretreatment Ordinance changes are summarized in the table below: WHAT IS THE CHANGE? WHY DID OCSD MAKE THIS CHANGE? Prohibition on Hvdrolvsate In April 2018,the Board of Directors directed staff to No Person shall discharge Hydrolysate,Wastes, or prepare amendments to OCSD-48 prohibiting the Wastewater resulting from Hydrolysis either directly or direct or indirect receipt of hydrolysate into OCSD's indirectly to the Sewerage System. sewerage system. Flndina that OCSD is a Separate Sewer System This finding defines OCSD as a separate sewer OCSD operates and maintains a separate sewer system and not a combined sewer system. As such, system of pipes, pumps stations, intercepting sewer it is therefore not subject to the EPA's CSO Control lines, and other conveyances upstream of its Policy, published April 19, 1994(59 FIR18688), and wastewater treatment plant headwords collect and the first milestone under the CSO Control Policy was convey domestic,commercial,and indusstt rial the January 1, 1997 deadline for implementing wastewater. is not designed to collect large minimum technology-based controls(i.e., the"nine amounts of stormorm w water runoff from precipitation minimum controls"). events. Finding that OCSD implements a system-specific Sewer System Management Plan This finding explains that OCSD implements a OCSD implements a system-specific Sewer System system-specific Sewer System Management Plan in Management Plan which includes provisions to compliance with the California Statewide General provide proper and efficient management, operation, Waste Discharge Requirements, Systems,Water and maintenance of sanitary sewer systems in Quality Order No. s, because OCSD For Wastewater compliance with the California Statewide General Collection Agencies, because OCSD has taken Waste Discharge Requirements, Systems,Water measures to address sanitary sewer overflows, such Quality Order No. 2006-0003-DWQ For Wastewater as not accepting uncontrolled amounts of storm Collection Agencies. water. Prohibition on Non-Domestic Surface and Floor Drains The language clarification strengthens prohibition of No Person shall discharge non-domestic water via a waters of this type which protects OCSD's collection surface or floor drain directly or indirectly to OCSD's system against inflow and infiltration, uncontrolled Sewerage Facilities. wasteslreams, and sanitary sewer overflows of OCSD's separate sewerage system. April 17, 2019 WHAT IS THE CHANGE? WHY DID OCSD MAKE THIS CHANGE? Prohibition on Stormwater No Person shall discharge storm water directly or The language clarification strengthens the indirectly to OCSD's Sewerage Facilities except as prohibition of waters of this type to protect OCSD's provided herein. collection system against inflow and infiltration, uncontrolled wasteslreams, and sanitary sewer overflows of OCSD's separate sewerage system. The prohibition helps OCSD's long-term compliance with the California Statewide General Waste Discharge Requirements, Systems,Water Quality Order No.2006-0003-DWQ For Wastewater Collection Agencies. Reports of Chanced Conditions Each User must notify the General Manager's The language clarification is based on administration designee 30 calendar days in advance. and provides more prescriptive detail to the User. Enforcement The sentence is restructured to clarify actions The language clarification is based on enforcement triggered by receipt of the written report in the Permit and provides clarity when enforcement actions Suspension, Permit Revocation, Civil Penalties, and occur. Appeals to the General Manager sections. Sale or Chance of Ownership The successor owner shall apply for a new permit 30 The change allows OCSD staff more time to calendar days in advance. It was previously 15 days. evaluate changes prior to issuing a new permit. Streamlining Best Management Practice Required and recommended language is being added These were identified by the EPA and RWQCB in to meet"enforceable"equivalency of BMP to numeric the 2013 Pretreatment Compliance Audit and 2014 limit and as per EPA(2007). EPA Model Pretreatment Pretreatment Compliance Inspection. OCSD Ordinance, p. 15, Office of Wastewater Management concurs with the findings. Federal regulations Permits Division, EPA 833-B-06-002, January 2007 evolved over time, so the proposed changes and in 403.12(b), (a), (h)and (o). update/harmonize the language in OCSD's Ordinance. Wastehauler Definitions Discharges from Type III marine sanitation devices, The language clarifies types of wastes that are campers, trailers, and car washes are excluded from accepted at the OCSD Wastehauler Station. the wastehauler definitions. Wastehauler Program Wastehauler manifest requirements are being clarified Clarifications to language and alignment with to include names and addresses of all sources of regulations of other agencies. wastewater. Wastehaulers of grease waste from Food Service Establishments must have a valid California Department of Food and Agriculture permit, if required by law. The term,"non-compliance resampling fee"is relabeled as"processing or sampling fee"to align with OCSD's Fee Ordinance. The fee is the same. Will the Local Limits be revised? No changes are being made to the Table 1 Maximum Allowable Local Discharge Limits. A technical evaluation of local limits was not performed. April 17, 2019 DRAFT FOR DISCUSSION PURPOSES ONLY ORDINANCE NO. OCSD4853 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING WASTEWATER DISCHARGE REGULATIONS, AND REPEALING ORDINANCE NO. OCSD-3948 OCSD-4853-1 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY CONTENTS ARTICLE 1. GENERAL PROVISIONS............................................................................5 101. PURPOSE AND POLICY................................................................................5 102. DEFINITIONS .................................................................................................7 103. CONFIDENTIAL INFORMATION..................................................................21 104. SALE OR CHANGE OF OWNERSHIP.........................................................24 105. RESERVED..................................................................................................24 106. AUTHORITY.................................................................................................25 107. DELEGATION OF AUTHORITY...................................................................25 108. SIGNATORY REQUIREMENTS...................................................................25 109. RECORD KEEPING REQUIREMENTS........................................................26 ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE.................................................................................................................27 201. PROHIBITED DISCHARGES .......................................................................27 202. PROHIBITION ON DILUTION.......................................................................27 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER................30 204. PROHIBITION ON UNPOLLUTED WATER .................................................27 205. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT........................................................................................................28 206. PROHIBITION ON THE USE OF GRINDERS..............................................28 207. PROHIBITION ON POINT OF DISCHARGE................................................28 208. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT......28 209. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION................28 210. PROHIBITION ON MEDICAL WASTE..........................................................33 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES ..34 212. RESERVED..................................................................................................31 213. MASS EMISSION RATE DETERMINATION ................................................34 214. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS ..............................36 ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES.....37 301. INTRODUCTION ..........................................................................................37 302. CLASS I WASTEWATER DISCHARGE PERMITS ......................................37 303. CLASS II WASTEWATER DISCHARGE PERMITS .....................................45 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS.......................47 305. SPECIAL PURPOSE DISCHARGE PERMITS .............................................49 OCSD-4853-2 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 306. WASTEHAULER DISCHARGE PERMIT......................................................52 307. DISCHARGE CERTIFICATIONS..................................................................54 308. OUT OF DISTRICT PERMITS/DISCHARGERS...........................................56 309. RESERVED..................................................................................................56 310. RESERVED..................................................................................................56 ARTICLE 4. FACILITIES REQUIREMENTS .................................................................57 401. DRAWING SUBMITTAL REQUIREMENTS..................................................57 402. PRETREATMENT FACILITIES.....................................................................57 403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS ................................................................................................... 58 404. MONITORING/METERING FACILITIES.......................................................59 405. WASTE MINIMIZATION REQUIREMENTS..................................................59 ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS .........................................................................................................60 501. MONITORING AND REPORTING CONDITIONS ........................................66 ARTICLE 6. ENFORCEMENT ......................................................................................71 601. PURPOSE AND SCOPE ..............................................................................71 602. DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS....72 603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES ......................72 604. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)...........75 605. PERMIT SUSPENSION................................................................................76 606. PERMIT REVOCATION................................................................................78 607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS.........80 608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS...........................................................................................................81 609. INDUSTRIAL WASTEWATER PASS THROUGH ........................................81 610. PUBLICATION OF VIOLATION....................................................................89 611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE...............81 612. PUBLIC NUISANCE .....................................................................................82 613. TERMINATION OF SERVICE ......................................................................82 614. EMERGENCY SUSPENSION ORDER ........................................................82 615. INJUNCTION ................................................................................................83 616. CIVIL PENALTIES ........................................................................................83 617. CRIMINAL PENALTIES................................................................................86 618. APPEALS TO GENERAL MANAGER ..........................................................87 OCSD-4853-3 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 619. PAYMENT OF CHARGES............................................................................88 620. COLLECTION OF DELINQUENT ACCOUNTS............................................88 621. APPEAL OF CHARGES AND FEES ............................................................88 622. RECOVERY OF COSTS INCURRED BY OCSD..........................................89 623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT.................................89 624. JUDICIAL REVIEW.......................................................................................90 ARTICLE 7.SEWER SERVICE CHARGES-CAPITAL FACILITY CAPACITY CHARGES ......................................................................................................................................93 701. SANITARY SEWER SERVICE CHARGE.....................................................93 702. CAPITAL FACILITIES CAPACITY CHARGE................................................93 ARTICLE 8. SEVERABILITY.........................................................................................94 801. SEVERABILITY ............................................................................................94 802. GENERAL APPLICATION ............................................................................94 OCSD-4853-4 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY The Board of Directors of the Orange County Sanitation District (OCSD) does hereby FIND: A. That OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, at sec.), the General Pretreatment Regulations (40 CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code Sestien 13000, et seq.), to implement and enforce a program for the regulation of Wastewater discharges to OCSD's sewers; and B. That OCSD is required by federal, state, and local law to meet applicable standards of treatment plant effluent quality; and C. Thatthe 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. D. That OCSD operates and maintains a separate sewer system of pipes. pumps stations, intercepting sewer lines, and other conveyances upstream of its wastewater treatment plant headworks to collect and convey domestic, commercial and industrial wastewater, and is not designed to collect large amounts of storm water runoff from precipitation events. E. That OCSD implements a system-specific Sewer System Management Plan which includes provisions to provide proper and efficient management, operation, and maintenance of sanitary sewer systems in compliance with the California Statewide General Waste Discharge Requirements, Systems, Water Quality Order No. 2006-0003-DWQ For Wastewater Collection Agencies. NOW,THEREFORE, the Board of Directors of the Orange County Sanitation District does ORDAIN: Section I: Wastewater Discharge Regulations governing the use of OCSD's Sewerage Facilities are hereby restated and amended to provide as follows: ARTICLE 1. GENERAL PROVISIONS 101. PURPOSE AND POLICY This ordinance sets uniform requirements for Users of OCSD's Sewerage Facilities and enables OCSD to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] seeder 1251, at seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). OCSD-4853-5 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY This Ordinance shall be interpreted in accordance with the definitions set forth in Section 102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid wastes carried to facilities of OCSD. A. The purpose of this Ordinance is to provide for the maximum public benefit from the use of OCSD's Sewerage Facilities. This shall be accomplished by regulating sewer use and Wastewater discharges; by providing equitable distribution of costs, in compliance with applicable federal, state, and local regulations; and by supporting the proper disposal of Prescription Drugs as noted in the guidelines published by the Office of National Drug Control Policy. The revenues to be derived from the application of this Ordinance shall be used to defray all costs of providing sewerage service by OCSD, including, but not limited to, administration, operation, monitoring, maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves; 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 OCSD to meet applicable standards of treatment plant effluent quality, biosolids quality, and air quality, provisions are made in this Ordinance for the regulation of Wastewater discharges to the public sewer. This Ordinance establishes quantity and quality limits on all Wastewater discharges which may adversely affect OCSD's Sewerage System, processes, effluent quality, biosolids quality, air emission characteristics, or inhibit OCSD's ability to beneficially reuse or dispose of its treated Wastewater, biosolids or meet biosolids discharge criteria. D. It is the intent of these limits to improve the quality of Wastewater being received for treatment and to encourage water conservation and Wastewater minimization by all Users connected to a public sewer. This Ordinance also provides for regulation of the degree of Wastewater Pretreatment required, the issuance of permits for Wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. E. OCSD is committed to: 1) a policy of Wastewater reclamation and reuse to provide alternate sources of water supply for OCSD and agencies with which OCSD has agreements for Wastewater reclamation; and 2) a policy for the protection of groundwater. OCSD is also committed to help protect groundwater goals as established by various water quality and water purveyor agencies. To fulfill these commitments, OCSD may implement more stringent quality requirements on Wastewater discharges through regulation, including revisions to this Ordinance. OCSD-4853-6 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY F. OCSD is committed to a policy for the beneficial use of biosolids, the implementation of programs to land-apply or provide for the marketing and distribution of biosolids, which may necessitate more stringent quality requirements on Wastewater discharges. G. OCSD is also committed to meet applicable air quality goals established by the South Coast Air Quality Management District, which may further necessitate more stringent quality requirements on Wastewater discharges. 102. DEFINITIONS 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 Environment Federation. The testing procedures for Wastewater constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Guidelines Establishing Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined shall have the same meaning as defined in the latest California Building and Construction Codes, Title 24, California Code of Regulations. 1. Act or "the Act' shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251, et seq. 2. Approved POTW Pretreatment Program or Program or POTW Pretreatment Program shall mean a program administered by a POTW that meets the criteria established in 40 CFR 403.8 and 403.9 and which has been approved by a Regional Administrator or State Director in accordance with 40 CFR 403.11. 3. Authorized Representative or Designated Signatory shall mean: a) if the applicant or User a a corporation: (1) The PFesideRt sea.Btasy, tFeasuFeF, 9-a „se-president OCSD-4853-7 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY pal ..IeG s an A'Ag f6IRGtie a for then rat on ; or a) A Responsible Officer, as that term is defined in this Ordinance and 40 CFR 403.120): or b) A person that is responsible for the overall operation of the facility from which the discharge originates and that a Responsible Officer has designated, in writing and submitted to OCSD, an Authorized Representative: or c) A person that has overall responsibility for environmental matters for the facility from which the discharge originates and that a Responsible Officer has designated, in writing and submitted to OCSD, an Authorized Representative: or that the -f 4ha. .a Aed facilit.. w,ajor capital investment Fee b) heap. GF olser,sa-pa tRerspip OF-saleyPr....,eteFsh`r �J partner nF nropr'eter, respect vn e)A_If the applicant or User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the designee. dl The :..diyi.luais de�mPhs (^ 9^�) ] above as Respone'h a Off Gers, y des gnMn an Author zed Representaty 'f the autheri7ation is in writ n the fGF the Fall Fat 9.. of the fnn:l:fy bnro yihl..h the OCSD-4853-8 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ^the . .,rate A. thn�7nt an q subm tted to Oren nd y dual n'h a for the overall ret'e of the fee 1 ty. The Re u s ble Officer de hate an Authorized n RepFeSeetat vca 4. Best Management Practices (BMPs) shall mean schedules ef^f act vat as, prohib tions of practices, me ntenanee procedures, tFPAtmRet r^^•'rement^ and ether management practices to prevent or reduce pollution or to meet Article 2 standards. Such BMPs shall be considered local mitsLocal Limits and Pretreatment Standards as stated in 40 CFR 403.5(c)(4). 5. Biochemical Oxygen Demand (BOD) shall mean a measurement of oxygen utilized by the decomposition of organic material, over a specified time period (usually 5 days) in a Wastewater sample. It is used as a measurement of the readily decomposable organic content of Wastewater. 6. Board shall mean the Board of Directors of the Orange County Sanitation District. 7. Bypass shall mean the intentional diversion of wastestreams from any portion of a User's treatment facility. 8. Capital Facilities Capacity Charge shall mean the payment of a fee, imposed by the governing Board of OCSD, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; and as a contributive share of the cost of the existing facilities. This charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to OCSD's Sewerage Facilities as a new system User. This charge, which rates are set forth in a separate Ordinance, is expressly authorized by the provisions of California Health R Safety Code Sections 5471 and 5474. 9. Charge For Use shall mean OCSD's sanitary sewer service charge, a charge established and levied by OCSD upon residential, commercial, and industrial Users of OCSD's Sewerage System, pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in OCSD-4853-9 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY proportion to the use of the treatment works by their respective class, that provides for the recovery of the costs of operation and maintenance expenses, capital facilities rehabilitation or replacement, and adequate reserves for the POTW. The minimum charge for use is the Annual Sewer Service Fee Residential Users. 10. Chemical Oxygen Demand (COD) shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in Wastewater. 11. Class I User shall mean any User who discharges Wastewater that: a) is a Significant Industrial User; or b) Is determined to have a reasonable potential for adversely affecting OCSD's operation or for violating any Pretreatment Standard, Local Limit, or discharge requirement, or may cause Pass Through affecting OCSD's ability to comply with its NPDES Permit or other regulations and standards; or c) may cause pass through or Interference with OCSD's Sewerage Facilities. 12. Class II User shall mean any User whose charge for use is greater than the special assessment "OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 13. Code of Federal Regulations (CFR)shall mean the codification of the general and permanent regulations published in the Federal Register by the executive departments and agencies of the federal government. 14. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other Pollutants that OCSD's treatment facilities are designed to accept and/or remove. Compatible Pollutants are non-compatible when discharged in quantities that have an adverse effect on OCSD's Sewerage System or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standards, 4esaNirnkLocal Limit, or other discharge requirement. 15. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a OCSD-4353-10 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY representative sample of the wastestream discharged during the sample period. 16. Connection Permit shall mean a permit issued by OCSD, upon payment of a capital facilities capacity charge, authorizing the Permittee to connect directly to an OCSD's Sewerage Facilities or to a sewer which ultimately discharges into an OCSD's Sewerage Facilities. 17. Department Head shall mean that person duly designated by the General Manager to perform those delegated duties as specified in this Ordinance. 18. Discharger shall mean any Person who discharges or causes a discharge of Wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 19. District shall mean the Orange County Sanitation District or OCSD. 20. Division Head shall mean that person duly designated by the General Manager to implement the OCSD Pretreatment Program and perform the duties as specified in this Ordinance. 21. Domestic Septage shall mean the liquid and solid material removed from food service establishments, or a septic tank, cesspool, portable toilet, Type "' MaF Re ^^^'tat OR deviGe, or similar treatment works that receives only domestic Wastewater. 22. Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. 23. Downstream Sampling or Monitoring shall mean sampling or monitoring usually conducted in a city or agency owned sewer for the purpose of determining the compliance status of an industrial or commercial Discharger. 24. Dry Weather Urban Runoff shall mean surface runoff flow that is generated from any drainage area within OCSD's service area during a period that does not fall within the definition of Wet Weather. It is surface runoff that contains Pollutants that interfere with or prohibit the recreational use and enjoyment of public beaches or cause an environmental risk or health hazard. OCSD-4353-11 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 25. Enforcement Compliance Schedule Agreement (ECSA) shall mean a mutual agreement between OCSD and Pennittee requiring implementation of necessary Pretreatment practices and/or installation of equipment to ensure permit compliance. 26. Enforcement Response Plan shall mean a plan containing detailed procedures indicating how OCSD will investigate and respond to instances of Industrial User non-compliance in accordance with 40 CFR 403.8(f)(1) or other Users in accordance with OCSD non- compliance procedures. 27. Federal Categorical Pretreatment Standards shall mean any regulation containing Pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of Industrial Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 28. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 and following, and any regulation promulgated by the United States Environmental Protection Agency under Title 40 CFR implementing that act. 29. Flow Monitoring Facilities shall mean equipment and structures provided at a User's expense to measure, totalize, and/or record, the incoming water to the facility or the Wastewater discharged to the sewer. 30. General Manager shall mean the individual duly designated by the Board of Directors of OCSD to administer this Ordinance (see also Section 107). 31. Grab Sample shall mean a sample taken from a wastestream on a one-time basis without regard to the Flow in the wastestream and without consideration of time. 32. Hydrolysate shall mean the resultant liquid from the hydrolysis of human remains. 33. Hydrolysis shall mean the process by which the body of a deceased person is chemically reduced to its essential organic components and bone fragments either before or after processing of the remains after removal from the hydrolysis chamber. OCSD-4353-12 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 33 34. Indirect Discharge or Discharge shall mean the introduction of Pollutants into a POTW from any non-domestic source regulated under sectieaSection 307(b), (c)or(d)of the Act.-f33 U.S.C. 1317(b)- ( 33-.35. Industrial User shall mean any User that discharges Industrial Wastewater. 3436. Industrial Wastewater shall mean all liquid carried wastes and Wastewater of the community, excluding domestic Wastewater and domestic septage, and shall include all Wastewater from any producing, manufacturing, processing, agricultural, or other operation. 35-.37. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed Wastewater generation, conveyance, processing, and disposal facilities. 3fr.38. Instantaneous Limit (see the Maximum Allowable Discharge Limit) 37-.39. Interference shall mean any discharge which, alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts OCSD, its treatment processes or operations, or its biosolids processes, use, or disposal; or b) is a cause of a violation of any requirement of OCSD's NPDES permit or prevents lawful biosolids or treated effluent use or disposal. 40. LEL (Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level)which will ignite if an ignition source (sufficient ignition energy) is present. OCSD4353-13 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 3341. Letter to Discharge shall mean a letter authorizing a User to discharge to the sewer without having to obtain a Special Purpose Discharge Permit. The discharge volume is generally limited to less than 1 million gallons. 3"2. Local Limit shall mean specific discharge limits developed pursuant to 40 CFR 403.5(c) and enforced by OCSD upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b). 4043. Local Sewering Agencv shall mean any public agency or private corporation responsible for the collection and disposal of Wastewater to OCSD's Sewerage Facilities and duly authorized under the laws of the State of California to construct and/or maintain public sewers. 4144. Major Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a sample analysis, as follows: a) a discharge exceeding a Mass Emission Rate limit by 20% or more, or b) a discharge exceeding a concentration limit by 20% or more, or c) a pH discharge less than 5.0. 42-45. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. 4346. Maximum Allowable Discharge Limit shall mean the maximum quantity or concentration of a Pollutant allowed to be discharged at any period of time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. 44-.47. Medical Waste shall mean the discharge of isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. OCSD-4353-14 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 4648. Milligrams Per Liter (mg/L or ma/I) 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. 4649. Minor Violation shall mean a discharge over the permitted discharge limit as determined by the result of a sample analysis, as follows: a) a discharge exceeding a Mass Emission Rate limit by less than 20%, or b) a discharge exceeding a concentration limit by less than 20%, or. c) a pH discharge equal to or greater than 5.0, but less than 6.0, or d) a pH discharge greater than 12.0. 47-.50. National Pretreatment Standard, Pretreatment Standard. or Standard shall mean any regulation containing Pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharges and categorical standards established pursuant to 40 CFR 403.5 and 40-6FR 403.6. 48-.51. North American Industry Classification System (NAICS) shall mean an industry classification system that groups establishments into industries based on the activities in which they are primarily engaged. 49-52. National Pollutant Discharge Elimination System Permit (NPDES Permit) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in P+iblis Law 92 500, Section 402-,of the Act (33 U.S.C. 1342). 6&53. New Source shall mean those sources that are new as defined by 40 CFR 403.3(m) as revised. 54-54. Non-compatible Pollutant shall mean any Pollutant which is not a Compatible Pollutant as defined herein. 5 .55. OCSD shall mean Orange County Sanitation District. OCSD-4353-15 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 53,56. 00SD's Sewerage Facilities or System shall mean any property belonging to OCSD used in the treatment, reclamation, reuse, transportation, or disposal of Wastewater, or biosolids. 5457. Ordinance shall mean that document entitled "Wastewater Discharge Regulations" containing OCSD requirements, conditions, and limits for connecting and discharging to the sewer system, as may be amended and modified. 55 58. pH shall mean both acidity and alkalinity on a scale ranging from 0 to 14 where 7 represents neutrality, numbers less than 7 increasing acidity, and more than 7 increasing alkalinity, and is the logarithm of the reciprocal of the quantity of hydrogen ions in moles per liter of solution. 5659. Pass Through shall mean discharge through OCSD's Sewerage Facilities to Waters of the U.S. which, alone or in conjunction with discharges from other sources, is a cause of a violation of OCSD's NPDES permit. 57.60. Permittee shall mean a Person who has received a permit to discharge Wastewater into OCSD's Sewerage Facilities subject to the requirements and conditions established by OCSD. 5"1. Person shall mean any individual, partnership, copartnership, company, firm, association, corporation or public agency, joint stock company, trust, estate, or any other legal entity; or their legal representatives, responsible corporate officers, agents, assigns, including all federal, state, and local governmental entities. W.62. Pesticides shall mean those compounds classified as such under federal or state law or regulations including, but not limited to DDT (dichlorodiphenyltrichloro-ethane, both isomers); DDE (dichlorodiphenyl-ethylene); DDD (dichlorodiphenyldichloroethane); aldrin, benzene hexachloride (alpha [a], beta [0], and gamma [y] isomers); chlordane; endrin; endrin aldehyde; 2,3,7,8- tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; a-endosulfan; 0- endosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide; dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and parathion. 60,63. Pollutant shall mean any constituent, compound, or characteristic of Wastewaters on which a discharge limit or requirement may be imposed either by OCSD or the regulatory bodies empowered to regulate OCSD. OCSD4853-16 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 64,64. 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. 62-65. Pretreatment shall mean the reduction of the amount of Pollutants, the elimination of Pollutants, or the alteration of the nature of Pollutant properties in Wastewater to a level authorized by OCSD prior to, or in lieu of, discharge of the Wastewater into OCSD's Sewerage System. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means. 63 66. Pretreatment Facility shall mean any works or devices that the General Manager determines are appropriate to treat, restrict, or prevent the Flow of Industrial Wastewater prior to discharge into a public sewer. 64-.67. Pretreatment Requirements shall mean any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User. 65 68. Priority Pollutants shall mean the most recently adopted list of toxic Pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as Non-compatible Pollutants and may require Pretreatment prior to discharge to prevent: a) Interference with OCSD's operation; or b) biosolids contamination; or c) Pass Through into receiving waters or into the atmosphere. 66-.69. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this state. 6-7-.70. Public Sewer shall mean a sewer owned and operated by OCSD, a city or other local sewering Public Agency which is tributary to OCSD's Sewerage Facilities. 69-.71. Publicly Owned Treatment Works or POTW shall mean a treatment works as defined by section 212 of the Act, (33 U.S.C. 1292). which is owned by a state or municipality (as defined by section 502(4) of the Act} f33 U.S.C. 1362(4H). This definition includes any devices OCSD-4353-17 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY and systems used in the storage, treatment, recycling and reclamation of municipal Sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey Wastewater to a POTW Treatment Plant. The term also means the municipality,as defined in section 502(4)of the Act, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. 69-72. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.) and as amended. 70-.73. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of OCSD including, but not limited to, the following: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB). c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB). d) South Coast Air Quality Management District (SCAQMD). e) California Environmental Protection Agency (Cal-EPA). 71-.74. Regulatory Compliance Schedule Agreement(RCSA) shall mean an agreement between OCSD and Permittee requiring the Permittee to implement Pretreatment practices and/or install equipment to ensure compliance with future revised categorical Pretreatment Standards or revised discharge limits. 72-75. Responsible Officer shall mean: a) #As defined in 40 CFR 403.12(I), if the applicant or User is a corporation: (24fILThe president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy_ or decision—making functions for the corporation; or (2) The manaaer of one or more manufacturing. production, or operation facilities, provided the OCSD-4853-18 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY manaaer is authorized to make management decisions that govem the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations. and initiate and direct other comprehensive measures to assure Iona-term environmental compliance with environmental laws and regulations: can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual Wastewater discharge permit reguirements7 and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. As defined in 40 CFR 403.12(I). if (3) The manager of one or more manufaoti ties, PFE)Ymded the Fnan^geF is n ee utharhed te mke m ...N.f....:..:...... that gGvem the inf'r. of the regulated fnn' ty nl d no hayng the o nl'.:t OF implirit duty of making assure e m n term env ante ance . 'th ntal ImArs and rregulations; can ensure tha the necessary systems Ape established OF get ons- to Lea tG gath..r ....m.J.d.. .....f .. .N.. Lde.m.J:.... fe ed y dual Wastewater d nehnme perm't r o s nts; .w'and here authority to .lea entn he been aSSigRed OF delegated to the manaqw OR aE;E;oFdanE;e with r Fate ar..r..rl.area b) If the applicant or User is a partnership or sole proprietorship: a general partner or proprietor, respectively. c) If the applicant or User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the designee. d) An applicant or User not falling within one of the above categories must designate as the Responsible Officer an individual responsible for the overall operation of the facility. 7376. Sample Point shall mean a location accepted by OCSD, from which Wastewater can be collected that is representative in content and consistency of the entire flow of Wastewater being sampled. OCSD4353-19 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 7477. Sampling Facilities shall mean structure(s) provided at a User's expense for OCSD or User to measure and record Wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. 75-.78. Sanitary Waste shall mean domestic Wastewater, human excrement, and gray water (e.g., water from household showers, dishwashing operations, etc.). 7679. Septic Waste shall mean any Sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 7-7.80. Service Area shall mean an area for which OCSD has agreed to either provide sewer service, or Wastewater treatment, or Wastewater disposal. 78-.B Sewage shall mean Wastewater. 7"2. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of Wastewater or sludge or biosolids. 80,83. Significant Industrial User, except as provided in 40 CFR 403.3 (v)(2) and (v)(3), shall mean: (i)All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and/or 40 CFR chapterChapter I, subshapterSubchapter N; and (ii) Any other Industrial User that;, pursuant to 40 CFR 403.3(v)(1): discharges an average of 25,000 gallons per day or more of process Wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown Wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by OCSD on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)). 84.84. Significant Non-Compliance(SNC)shall mean the compliance status of an Industrial User who is in violation of one or more of the criteria as described in 40 CFR 403.8(f)(2)(viii). 82-.85. Slug Load or Slug Discharge shall mean any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 201 of this Ordinance. A Slug OCSD-4353-20 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Discharge is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW's regulations, Local Limits, or Permit conditions. 8386. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or Pretreatment Facility. 84-.87. Special Assessment Credit shall mean the portion of the secured property tax bill that represents the regional special assessment sewer User fee as defined by OCSD. 8588. Special Purpose User shall mean any Discharger who is granted a Special Purpose Discharge Permit by OCSD to discharge unpolluted water, storm runoff, or groundwater to OCSD's Sewerage Facilities. 86.89. Spent Solutions shall mean any concentrated Industrial Wastewater or Wastewater that is not authorized to be discharged to a Sewage facility until appropriately treated. OCSD-4353-21 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 87-.90. Spill Containment shall mean a protection system installed by the Permittee to prohibit the discharge to the sewer of non-compatible Pollutants. W.91. Standard Methods shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation. 89-.92. Suspended Solids or Total Suspended Solids (TSS) shall mean any insoluble material contained as a component of Wastewater and capable of separation from the liquid portion of said Wastewater by laboratory filtration as determined by the appropriate testing procedure and expressed in terms of milligrams per liter. 90-.93. Total Organic Carbon (TOC)shall mean the measure of total organic carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to two significant figures.As such, Total Toxic Organics is a subset of TOC. 91-94. Total Toxic Organics (TTO) shall mean the summation of all quantifiable values greater than 0.01 milligrams per liter for the organics regulated by the EPA or OCSD for a specific industrial category. 92-.95. Unpolluted Water shall mean water to which no Pollutant has been added either intentionally or accidentally. 93 96. User shall mean any Person who discharges or causes a discharge of Wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger. User includes Industrial Users as a type of User. 94-.97. Waste-Tracking Form shall mean that receipt which is retained by the generator of hazardous wastes as required by the State of California or the United States Government pursuant to RCRA, or the California Hazardous Materials Act, or that receipt which is retained by the generator for recyclable wastes or liquid non- hazardous wastes as required by OCSD. The Waste-Tracking Form is typically known as a "waste manifest." 9&95. Wastehauler shall mean any Person carrying on or engaging in vehicular transport of brine, domestic septage (except the SAWPA Sewer Service Area in compliance with the 1996 OCSD/SAWPA OCSD4353-22 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Agreement), or Wastewater as part of, or incidental to, any business for the purpose of discharging directly or indirectly said Wastewater into OCSD's Sewerage System. 9699. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof,whether treated or untreated, discharged into or permitted to enter a public sewer. 97-.100. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of Wastewater. 99-.101. Wet Weather shall mean any period of time during which measurable rainfall occurs within OCSD's service area. This period shall include the time following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's Sewerage System. 99-.102. Working Da v 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. 400-.103. Zero Discharge Certification shall mean a control mechanism that is issued by OCSD to iasureensure that specific facilities are not discharging a Pollutant(s) that may otherwise qualify the facility for a discharge permit. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Terms used in the masculine form shall include feminine, and terms used in the feminine form shall include masculine. 103. CONFIDENTIAL INFORMATION All user information and data on file with OCSD sha6is presumed to be available to the public and governmental agencies without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of OCSD that the release of such information would divulge information, processes or methods which would be detrimental to the User's competitive position. The demonstration of the need for confidentiality made by the Penmittee must meet the burden necessary for withholding such information from the general public under applicable state and federal law. Any such claim must be made at the time of submittal of the information by marking the submittal "Confidential Business Information" on each page containing such information. OCSD-4353-23 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the User. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 2.302,shall not be recognized as confidential information and shall be available to the public. 104. SALE OR CHANGE OF OWNERSHIP 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. Notwithstanding 104.C, the existing permit will be terminated upon sale or change of ownership. B. 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. C. 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. D. At least thirty (30) calendar days prior to the sale or change of ownership of any business operating under a permit issued by OCSD, the Permittee shall notify OCSD in writing of the proposed sale or change of ownership. The successor owner shall apply to OCSD for a new permit at least fifteen (1.5jthirty (301 calendar days prior to the sale or change of ownership in accordance with the provisions of this Ordinance. A successor owner shall not discharge any Wastewater for which a permit is required by this Ordinance until a new permit is issued by OCSD to the successor owner. E. The written notification of intended sale or change of ownership shall be in a form approved by OCSD and shall include a written certification by the new owner or Authorized Representative, which shall include as a minimum: 1. the specific date on which the sale or change of ownership is to occur; and 2. an acknowledgement to comply fully with all the terms, conditions, limits, and -provisions of this Ordinance and the new permit. 105. RESERVED OCSD-4353-24 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 106. AUTHORITY A. OCSD is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of federal and state Law. Federal and state laws grant to OCSD the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge certifications, or discharge permits, the discharge of any Wastewater, directly or indirectly, to OCSD's Sewerage Facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to OCSD's Sewerage Facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all Users; and to take all actions necessary to enforce its authority including implementation of the Enforcement Response Plan, whether within or outside OCSD's boundaries, including those Users that are tributary to OCSD or within areas for which OCSD has contracted to provide sewerage services. B. Four jurisdictions contribute to and are under the purview of OCSD's Pretreatment program: a section of the Irvine Ranch Water District; a section of the Sanitation Districts of Los Angeles County, which has several Dischargers at the county border; the South Orange County Wastewater Authority, and the Santa Ana Watershed Project Authority(SAWPA),whose discharge is delivered via the Santa Ana River Interceptor (SARI) and is comprised of mostly Wastewater brines. Nothing in this Ordinance is intended to preclude the discharge from SAWPA's SARI Service Area of discharges consisting solely of Wastewater brines that are compliant with all regulations and agreements. C. OCSD has the authority pursuant to California Health and Safety GedesCode Sections 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by OCSD either within or without its territorial limits. 107. DELEGATION OF AUTHORITY Whenever any power is granted to or a duty is imposed upon the General Manager, the power may be exercised or the duty may be performed by any person so authorized by the General Manager. 108. SIGNATORY REQUIREMENTS Reports and permit applications required by this Ordinance shall contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified OCSD-4353-25 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations" The statement shall be signed by an authorr zed repres^^'a" ea Responsible Officer for his/her Authorized Representative) of the Industrial User as defined in 40 CFR 403.12(1)), or as defined and designated by OCSD. 109. RECORD KEEPING REQUIREMENTS Any User subject to OCSD's reporting requirements shall maintain and make available for inspection and copying records of all information obtained pursuant to, or resulting from, any monitoring activities required by OCSD, including documentation associated with Best Management Practices, and any additional records or information obtained pursuant to monitoring activities undertaken by the User independent of such requirements. Such records shall include information as shewadescribed in 40 CFR 403.12(o)(1) and (2). These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the User or OCSD, or where the User has been specifically notified of a longer retention period by the General Manager. OCSD-4653-26 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE 201. PROHIBITED DISCHARGES These prohibitions apply to all Users of OCSD's Sewerage Facilities whether or not they are subject to Federal Categorical Pretreatment Standards or any other national, state, or local Pretreatment Standards or requirements. A. General Prohibitions. 1. No User shall introduce or cause to be introduced into OCSD's Sewerage Facilities any Pollutant,Wastewater, orflow which causes Pass Through or Interference or would cause OCSD to violate any federal, state, or local regulatory requirement. 2. No User shall increase the contribution of flow, Pollutants, or change the nature of Pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause OCSD to violate any federal, state, or local regulatory permit. 3. No Person shall transport Wastewater from one location or facility to another for the purpose of treating or discharging it directly or indirectly to OCSD's Sewerage Facilities without written permission from OCSD. 4. No Person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to OCSD's Sewerage Facilities, Wastewater which contains any substance that is defined as a hazardous waste by the Regulatory Agencies. 5. No Person shall discharge or cause to be discharged any non- domestic water directly or indirectly to any OCSD Sewerage Facilities without prior authorization. B. Specific Prohibitions. No User shall introduce or cause to be introduced into the Sewerage Facilities, any Pollutant, substance, or Wastewater which: 1. Creates a fire or explosive hazard in the Sewerage Facilities including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit —(60 degrees Centigrade) using any of the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is 10% or greater of the lower explosive limit (LEL). OCSD4353-27 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 2. Causes obstruction to the flow in the Sewerage Facilities resulting in interference or damage to the Sewerage Facilities. 3. Produces noxious or malodorous liquids, gases, solids, or other Wastewater which, either singly or by interaction with other Wastes, is sufficient to create a public nuisance or a hazard to life, or to prevent entry into the Sewerage Facilities for maintenance or repair. 4. Results in toxic gases, vapors, or fumes within the Sewerage Facilities in a quantity that may cause acute worker health and safety problems. 5. Contains any radioactive Wastes or isotopes except in compliance with applicable regulations from other governmental agencies empowered to regulate the use of radioactive materials. 6. Causes, alone or in conjunction with other sources, OCSD's treatment plant effluent to fail a toxicity test. 7. Causes OCSD's effluent or any other product of the treatment process, residues, biosolids, or scums, to be unsuitable for reclamation, reuse or disposal. Examples of items which may cause these conditions include, but are not limited, to food packaging, product containers, and non-dispersible products. 8. Causes discoloration or any other condition which affects the quality of OCSD's influent or effluent in such a manner that inhibits OCSD's ability to meet receiving water quality, biosolids quality, or air quality requirements established by Regulatory Agencies. 9. Creates excessive foaming in the Sewerage Facilities. 10. Violates any applicable Federal Categorical Pretreatment Standards, statute, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the operation of or discharge of Wastewater through the Sewerage Facilities. 11. Has a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade). 12. Has a pH less than 6.0 or greater than 12.0. 13. Causes corrosion, fouling, occlusion, or damage to the POTW beyond normal wear and tear. OCSD4853-28 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 14. Is released in a discharge at a flow rate and/or Pollutant concentration (including oxygen-demanding Pollutant (BOD, etc.)) which will cause interference with OCSD's Sewerage Facilities. OCSD-4853-29 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 15. Is in excess of the permitted Mass Emission Rates established in accordance with Section 213 of this Ordinance, or the concentration limits set forth in Table 1, or the discharge permit. 16. Contains material which will readily settle or cause an obstruction to flow in the Sewerage Facilities resulting in interference, such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, cat litter, asphalt, wood, bones, hair, fleshings, food packaging, product containers, and non-dispersible products. 17. Includes petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or Pass Through. 18. Causes the Orange County Water District Groundwater Replenishment System product water to exceed its TOC limit of 0.5 mg/L. 202. PROHIBITION ON DILUTION No User shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the User's permit or to establish an artificially high flow rate for permit Mass Emission Rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER C No Person shall discharge groundwater, storm water, surface runoff, or subsurface drainage directly or indirectly to OCSD's Sewerage Facilities except as provided herein. Pursuant to Section 204 eF 305304 or 305, at seq., OCSD may approve the discharge of such water only when no alternate method of disposal is reasonably available or to mitigate an environmental risk or health hazard. _The discharge of such waters shall require a Dry Weather Urban Runoff Discharge Permit—eF, a Special Purpose Discharge Permit, or written authorization from OCSD. _If a permit is granted for the discharge of such water into a Public Sewer, the User shall pay all applicable charges and shall meet such other conditions as required by OCSD. 204. PROHIBITION ON NON-DOMESTIC SURFACE AND FLOOR DRAINS No Person shall discharge non-domestic water via a surface or floor drain directly or indirectly to OCSD's Sewerage Facilities except as provided herein. OCSD may approve OCSD-4353-30 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY the discharge of such water at its sole discretion. The discharge of such waters shall require written authorization from OCSD and shall meet other such conditions as required by OCSD and this Ordinance. 204205. PROHIBITION ON UNPOLLUTED WATER A. No Person shall discharge unpolluted water such as single pass cooling water directly or indirectly to OCSD's Sewerage Facilities except as provided herein. Pursuant to Section 305, at seq., OCSD may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from OCSD. C. If a permit is granted for the discharge of such water into a public sewer, the User shall pay all applicable charges and shall meet such other conditions as required by OCSD. 20&206. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT OCSD has the right to control slug discharges, if it is determined to be necessary. All Significant Industrial Users are required to notify OCSD immediately of any changes at their facilities that could affect the potential for a slug discharge. 206207. 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 General Manager is obtained. 297-.208. PROHIBITION ON POINT OF DISCHARGE No Person, except Local Sewering Agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any Wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by OCSD upon written application by the User and payment of the applicable fees and charges established therefor. OCSD-4353-31 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 208-.209. HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT Any User that discharges any hazardous waste into the Sewerage System shall notify OCSD immediately as required by 40 CFR 403.12(p). 209-.210. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO OCSD'S SEWERAGE SYSTEM AND WASTEHAULER STATION A. No Wastehauler shall discharge to OCSD's Sewerage System, domestic septage or other approved waste or wastewater from a vacuum pumping truck or other liquid waste transport vehicle, without first obtaining both a valid Orange County Health Care Agency (OCHCA) registration or other control mechanism (where applicable), and a OCSD Wastehauler Permit as required by Section 306. Such Wastewaters shall be discharged only at locations designated by OCSD, and at such times as established by OCSD. OCSD may collect samples of each hauled load to ensure compliance with applicable standards. B. No Wastehauler shall discharge domestic septage orother approved Waste or Wastewater constituents in excess of Limits in Table 1. 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 Industrial Wastewater meets federal and state limits applicable to the User or generator from which the Industrial Wastewater was obtained; or the Maximum Local Discharge Limits as specified in Table 1, whichever are more stringent. The discharge of hauled Industrial Wastewater is subject to all other requirements of this Ordinance. D. No Wastehauler shall discharge or deliver Wastewater to a Sewerage System that is tributary to OCSD's Sewerage Facilities that are from a source that is not within OCSD's service area unless prior authorization for such Wastewater is granted by the General Manager. E. No Wastehauler shall deliver directly to OCSD's Sewerage Facilities any Wastewater originating within OCSD's boundaries, from an industrial user subject to categorical Pretreatment Standards, and is greater than the categorical Pretreatment Standards, OCSD's Local Limits, or hazardous waste levels defined by RCRA (40 U.S.C. 4 6901, at seg.) or 40 CFR 261. F. Notwithstanding E above, no Wastehauler shall deliver directly to OCSD's Sewerage Facilities any Wastewater originating within OCSD's boundaries, from a commercial or an industrial user not subject to categorical Pretreatment Standards, and is greater than OCSD Local Limits or hazardous Waste levels defined by RCRA or 40 CFR 261. OCSD-4353-32 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY G. No Wastehauler shall add chemicals into Wastehauler trucks while on OCSD premises before discharging to the OCSD Wastehauler Station unless approved by OCSD. H. No Wastehauler shall discharge Wastewater to the OCSD Wastehauler Station, which contains mixed load types, i.e., domestic septage, brine, etc. I. Wastehaulers shall provide a Waste-Tracking Form for every load. This form shall include, at a minimum, the name and address of the lndustFial Wastehauler, permit number, truck identification, names and addresses of all sources of Wastewater, and volume and characteristics of Wastewater. J. Discharge at the OCSD Wastehauler Station shall be through an appropriate hose and connection to the discharge port. Discharging Wastewater directly to the surface area of the Wastehauler Station is prohibited. K. Wastehauler hoses must be connected to the Wastehauler Station discharge port when being cleaned. L. Transferring loads between trucks or from portable toilets to trucks on OCSD property is prohibited unless permission from OCSD is obtained. M. Wastehaulers discharging Food Service Establishment grease waste into OCSD's Wastehauler Station must have a valid California Department of Food and Agriculture (CDFA) permit, if required by law. Wastehaulers must have all necessary permits, or copies thereof, in their possession at the time of discharge to the OCSD Wastehauler station and must present copies for inspection by OCSD personnel upon request 249-.211. PROHIBITION ON MEDICAL WASTE A. No solid Wastes consisting of, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities shall be discharged to the Sewerage System, unless prior written approval for such discharges has been granted by the General Manager. B. OCSD shall have the authority to require that any discharge of etiologic agents or infectious agents or substances to the Sewerage System be rendered inactive and noninfectious prior to discharge if the infectious Waste is deemed to pose a threat to the public health and safety, or can OCSD-4353-33 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY become an etiologic agent subsequent to discharge to the Sewerage System, or will result in any violation of applicable Wastewater discharge requirements. C. No unused, unwanted, or expired pharmaceuticals (both over the counter and prescription-only medications) shall be disposed of in the Sewerage System, except in accordance with federal and state regulations, or in the absence of such regulations, using Best Management Practices. 244-.212. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in compliance with all regulatory requirements at a permitted point of disposal as defined by OCSD or Regulatory Agency with jurisdiction thereof. If the point of disposal is at an OCSD-permitted treatment facility, all Waste-Tracking Forms shall be retained for a minimum of three years by the facility and Wastehauler of said Wastewater, and made available for copying for review upon request. 242 RFSFR%i&D 213. PROHIBITION ON HYDROLYSATE No Person shall discharge Hydrolvsate. Wastes. or Wastewater resulting from Hydrolysis either directly or indirectly to the Sewerage System. 214. BEST MANAGEMENT PRACTICES OCSD may develop BMPs, by ordinance or individual wastewater discharge permits, to implement Local Limits and the requirements of Article 2. 243-.215. 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 1, Maximum Allowable Local Discharge Limits, or Federal Categorical Pretreatment Standards, and the User's average daily Wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the General Manager. B. To verify the User's operating data, OCSD may require the User to submit an inventory of all Wastewater streams and/or records indicating production rates. OCSD-4353-34 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY C. OCSD may revise limits or Mass Emission Rates previously established in the discharger's permit at any time, based on: current or anticipated operating data of the discharger or OCSD; OCSD's ability to meet NPDES limits; or changes in the requirements of Regulatory Agencies. D. The excess use of water to establish an artificially high flow rate for Mass Emission Rate determination is prohibited. OCSD-4353-35 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 244216. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS OCSD's Maximum Allowable Local Discharge Limits are shown in Table 1 below. TABLE 1 MAXIMUM ALLOWABLE LOCAL NON-DOMESTIC DISCHARGE LIMITSO) CONSTITUENT MILLIGRAMS/LITER 1,4-dioxanet3l 1.0 Ammonia Mass(3) Arsenic 2.0 Biochemical Oxygen Demand (BOD) Mass(3) Cadmium 1.0 Chromium (Total) 20.0 Copper 3.0 Cyanide(Total) 5.0 Lead 2.0 Mercury 0.03 Molybdenum 2.3 Nickel 10.0 Pesticides 0.01 Oil and Grease of Mineral or Petroleum Origin(4) 100.0 Polychlorinated Biphenyls(PCB) 0.01 Selenium 3.9 Silver 15.0 Sulfide (Dissolved) 0.5 Sulfide (Total) 5.0 Zinc 10.0 MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE TO THE OCSD WASTEHAULER STATION CONSTITUENT MILLIGRAMS/LITER Cadmium 1.0 Chromium 35.0 Copper 25.0 Lead 10.0 Nickel 10.0 Zinc 50.0 M Users subject to Federal Categoncal Pretreatment Standards may be required to meet more shingent limits. In 1,4-dioxane is also known as"pEiorane." lai Boo and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittee's responsibility to report the intended technically-based mass use to OCSD. M"Oil and Grease of Mineral or Petroleum Ongin"is also known as"Petroleum Oil and Grease as Silica Gel Treated n- Hexane Extractable Material"or"SGT-HEM Non-Polar Material." OCSD4853-36 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES 301. INTRODUCTION A. To provide the maximum public benefit from the use of OCSD's Sewerage Facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit or certification. No vested right shall be given by issuance of permits or certifications provided for in this Ordinance. OCSD reserves the right to establish, by Ordinance regulation, or in Wastewater Discharge Permits or certifications, more stringent standards or requirements on discharges to OCSD Sewerage Facilities if deemed by the General Manager appropriate to comply with this Ordinance and the requirements of Regulatory Agencies. 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. C. The Discharge Certification is issued to those Users that are discharging regulated Wastewater but are not otherwise required to obtain a discharge permit. D. The Zero Discharge Certification is issued to certify that a particular Pollutant or process is not used or discharged to OCSD, even though regulated process Wastewater may still be generated on-site and eventually wastehauled or otherwise eliminated. Such a facility does not require a discharge permit, but may require a Zero Discharge Certification. 302. CLASS I WASTEWATER DISCHARGE PERMITS 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 OCSD. The conditions of Wastewater Discharge OCSD-4353-37 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Permits shall be enforced by 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 User is any User: 1. Subject to Federal Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; or 2. That discharges an average of 25,000 gallons per day or more of process Wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown Wastewater); or 3. Contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the OCSD POTW; or 4. That is designated as such by OCSD on the basis that the Industrial User has a reasonable potential for adversely affecting the OCSD POTW's operation or for violating any Pretreatment Standard, tGGal ki#Local Limit or requirement (in accordance with 40 CFR 403.8(f)(6)); or 5. That may cause Pass Through affecting OCSD's ability to comply with its NPDES Permit or other regulations and standards; or 6. That may cause Interference with OCSD's Sewerage Facilities. 302.1 Class I Wastewater Discharge Permit Application A. Any User required to obtain a Class I Wastewater Discharge Permit shall complete and file with OCSD, prior to commencing discharge, an application on the form prescribed by OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), NAICS number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. OCSD-4853-38 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 3. Volume of Wastewater to be discharged. OCSD-4353-39 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by OCSD, including, but not limited to, those mentioned in Section 213216, Mass Emission Rate Determination, and Table 1, Local Discharge Limits, of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to OCSD. 8. Time and duration of discharge. 9. Number of employees per shift and hours of work per employee per day for each shift. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste-Tracking Forms, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. 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 OCSD to properly evaluate the permit application. D. After evaluation of the data, OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as OCSD4353-40 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY otherwise determined by the General Manager to be appropriate to protect OCSD's Sewerage Facilities. E. The permit application may be denied if the applicant fails to establish to OCSD's satisfaction that adequate Pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 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 such as Permit Fees, Non-Compliance Resampling Fees, Civil Penalties, Administrative Civil Penalties, Charges for Use, and Supplemental Capital Facilities Capacity Charges. 302.2 Class I Permit Conditions. and Limits A. A Class I permit shall contain all of the following conditions or limits: 1. Mass Emission Rates and concentration limits regulating non- compatible Pollutants including BMPs based on applicable Pretreatment Standards. 2. Requirements to notify OCSD in writing prior to modification to processes or operations through which Industrial Wastewater may be produced. 3. Location of the User's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards, BMP-based CategerlsalPretreatment Standards and/or lesal—IirnitsLocal Limits, and/or Waste-Tracking Forms. 5. Requirements for maintaining, fora minimum of three (3)years, plant records relating to Wastewater discharge, and Waste-Tracking Forms as specified by OCSD. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions and/or limits: 1. Requirements for the User to construct and maintain, at his own expense, appropriate Pretreatment equipment, pH control, Flow Monitoring Facilities, and sampling facilities. OCSD-4353-41 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. 4. Assumed values for BOD and suspended solids characteristics that typify the Discharger's effluent for determination of the charge for use. 5. Other terms and conditions which may be appropriate to ensure compliance with this Ordinance or determined by the General Manager to be appropriate to protect OCSD's 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 fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. 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 623.(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. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. OCSD-4353-42 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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. 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. 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 four(4)years. At least forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class I Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of Sewage in OCSD's Sewerage Facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing Wastewater collection, treatment, and disposal. 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 by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by OCSD. OCSD shall compute the charge for use based upon actual use for the preceding fiscal year on an annual reconciliation statement. C. The charge for use is payable within forty-five (45) days of invoicing by OCSD. A special assessment credit will be allowed for any regional sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. OCSD-4353-43 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY D. In order for OCSD to determine actual annual water use, the User shall provide to OCSD copies of its water bills. If these water bill copies are not received by August 15th of each year for the 12_month period ended closest to June 30, OCSD will endeavor to obtain the water use data. Data obtained by OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when OCSD obtains water use data. OCSD's Board of Directors shall adopt the amount of the fee. E. The charge for use shall be computed by the following formula: Charge for Use = VoV + BoB + SoS —Special Assessment Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Vo, Bo, So = Unit Charge rates established and adopted- by Ordinance of OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: 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 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 OCSD-4853-44 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among Wastewater charge parameters of flow, biochemical oxygen demand, and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand, and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the Sewerage System in the budgeted year. 3. The Unit Charge rates for each respective Wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and So. 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 OCSD in determining the charge for use. When Wastewater from sanitary facilities is discharged separately from the other Wastewater of a Discharger, the charge for use for discharging the Wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic Wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 303. CLASS II WASTEWATER DISCHARGE PERMITS 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 OCSD. The conditions of Wastewater Discharge Permits shall be enforced by OCSD in accordance with this Ordinance and OCSD-4353-45 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY applicable state and federal regulations. C. All Class II Users proposing to discharge directly or indirectly into the OCSD's Sewerage Facilities shall obtain a Wastewater disshargeDischarge Permit by filing an application pursuant to Section 303.1 and paying the applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a Class II User is any User: 1. Whose charge for use is greater than the special assessment"OCSD Sewer User Fee"included on the County of Orange secured property tax bill exclusive of debt service; and 2. Discharging Wastewater other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharge Permit Application A. Any User required to obtain a Class II Wastewater Discharge Permit shall complete and file with OCSD, prior to commencing discharge, an application on the form prescribed by OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s)and NAICS number(s); description of the manufacturing process or service activity. 2. (WhicheveF 'a app"Gable) Name, and address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of Wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by OCSD, including, but not limited to, those mentioned in Section 2-43216, Mass Emission Rate Determination, and Table 1, Local Discharge Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the Discharger and OCSD-4653-46 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY acceptable to OCSD. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Production records, if applicable. 11. Waste-Tracking Forms, if applicable. 12. Landscaped area in square feet, if applicable. 13. Tons of cooling tower capacity, if applicable. 14. EPA Hazardous Waste Generator Number, if applicable. 15. Any other information as specified. 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 properly evaluate the permit application. D. After evaluation of the data furnished, OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD system. E. The permit application may be denied if the applicant fails to establish to OCSD's satisfaction that adequate Pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions and Limits A. A Class II permit shall contain all of the following conditions and/or limits: 1. Applicable Mass Emission Rates and concentration limits regulating OCSD-4353-47 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY non-compatible Pollutants. 2. Requirements to notify OCSD in writing prior to modification to processes or operations through which Industrial Wastewater may be produced. 3. Location of the User's on-site sample point. 4. Requirements for submission of technical reports, production data, discharge reports, and/or Waste-Tracking Forms. 5. Requirements to submit copies of tax and water bills. B. A Class II permit may contain any of the following conditions and/or limits: 1. Requirements for the User to construct and maintain, at his own expense, appropriate Pretreatment equipment, pH control, Flow monitoring and/or sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Assumed values for BOD and suspended solids characteristics that typify the Discharger's effluent for determination of the charge for use. 4. Requirements to self-monitor. 5. Requirements for maintaining, for a minimum of three years, plant records relating to Wastewater discharge, and Waste-Tracking Forms as specified by OCSD. 6. Other provisions which may be appropriate to ensure compliance with this Ordinance. 7. Other terms and conditions determined by the General Manager to be appropriate to protect OCSD's Sewerage System. 303.3 Class II Permit Fee 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 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. OCSD-4853-48 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 623.(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. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. 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. 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 II permits shall normally be issued for a period not to exceed five (5)years. At least forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal of the permit in accordance with the provisions of this Article 3. 303.6 Class II Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of Sewage in OCSD's Sewerage Facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing Wastewater OCSD4353-49 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 OCSD. Annually, OCSD shall compute the charge for use based upon actual use for the preceding fiscal year on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by OCSD. A special assessment credit will be allowed for any regional sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. C. In order for OCSD to determine actual annual water use, the User shall provide to OCSD copies of its water bills. If these water bill copies are not received by August 15th of each year for the 12=month period ended closest to June 30, OCSD will endeavor to obtain the water use data. Data obtained by OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when water use data is obtained by OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. D. The charge for use shall be computed by the following formula: Charge for Use = VoV + BoB + SoS —Special Assessment Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Vo, Bo, So = Unit Charge rates adopted annually by Ordinance of OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph E below. E. 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 OCSD-4353-50 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY the total annual operation and maintenance funding requirements of the Sewerage System shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three Wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable requirements of state and federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the Sewerage System in the budgeted year. 2. A Capital Facilities Replacement component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three Wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the Sewerage System in the budgeted year. 3. The unit charge rates for each respective Wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for Vo, and in dollars per thousand pounds for Bo and So. F. Other measurements of the organic content of the Wastewater of a Discharger, such as COD or TOC, may be used instead of BOD. However, the Discharger must establish to the General Manager's satisfaction a relationship between the BOD of the Wastewater and the other parameter of measure. This relationship shall be used by OCSD in determining the charge for use. When Wastewater from sanitary facilities is discharged separately from the other Wastewater of a Discharger, the charge for use for discharging the sanitary Wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic Wastewater OCSD4353-51 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY strength per employee per year. The number of employees will be considered as the average number of people employed full time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS A. No User shall discharge urban runoff directly to OCSD's Sewerage System without obtaining a Dry Weather Urban Runoff 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 controlled by alternative disposal methods. C. Dry Weather Urban Runoff Discharge Permits shall be subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by OCSD. D. All Users required to obtain a Dry Weather Urban Runoff Discharge Permit proposing to discharge directly or indirectly into OCSD's Sewerage Facilities shall file an application pursuant to Section 304.1 and pay the applicable fees pursuant to Sections 304.3 and 304.6. 304.1 Dry Weather Urban Runoff Discharge Permit Application 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's Sewerage Facilities is feasible. B. Applicants shall complete and Tile 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 OCSD4353-52 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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. 304.2 Dry Weather Urban Runoff Discharge Permit Condition and Limits The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the following conditions or limits: A. Mass Emission Rates and concentration limits regulating non-compatible Pollutants. B. Requirements for the Userto construct and maintain, atthe 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 may impose additional requirements as may be appropriate to reduce the burden on OCSD's Sewerage 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. 304.3 Dry Weather Urban Runoff Discharge Permit Fee The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an amount established in the applicable Ordinance adopted by OCSD's Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. Each Permittee shall also pay delinquent invoices in full prior to permit renewal. OCSD-4353-53 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 304.4 Dry Weather Urban Runoff 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 OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies, which affect OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. 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. 304.5 Dry Weather Urban Runoff Discharge Permit Duration and Renewal Dry Weather Urban Runoff Discharge Permit shall normally be issued for a period not to exceed five (5)years. At least forty-five (45)days prior to the expiration of the permit, the User shall apply for renewal of the permit in accordance with the provisions of this Article 3. 304.6 Dry Weather Urban Runoff Discharge Permit Charge for Use A Discharger who is issued a Dry Weather Urban Runoff Discharge Permit under the provision of this Ordinance shall pay a charge for use in accordance with rates established by Ordinance adopted by OCSD's Board of Directors. 305. SPECIAL PURPOSE DISCHARGE PERMITS A. No User requiring a Special Purpose Discharge Permit shall discharge Wastewater without obtaining a Special Purpose Discharge Permit. Alternatively, at the discretion of the OCSD Division Head or Department OCSD4353-54 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Head, OCSD may issue a Letter to Discharge in lieu of a Special Purpose Discharge Permit. OCSD-4353-55 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 OCSD. The conditions of Special Purpose Discharge Permits shall be enforced by 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 OCSD's Sewerage Facilities shall obtain a Special Purpose Discharge Permit by filing an application pursuant to Section 305.1 and paying the applicable fees pursuant to Sections 305.3 and 305.6. This discharge permit may be granted when no alternative method of disposal is reasonably available, or to mitigate an environmental risk or health hazard. 305.1 Special Purpose Discharge Permit Application A. Applicants seeking a Special Purpose Discharge Permit shall complete and file with OCSD, prior to commencing discharge, an application in the form prescribed by OCSD. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by OCSD for review. B. The permit application may be denied when the applicant has failed to establish to OCSD's satisfaction that adequate Pretreatment equipment is included within the applicants' plans to ensure that the discharge limits will be met or that the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 305.2 Special Purpose Discharge Permit Conditions and Limits A. Discharge conditions and limits shall be no less stringent than Section 201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 213, Mass Emission Rate Determination; and Table 1, Local Discharge Limits. B. Monitoring requirements for the discharge shall be forthose non-compatible Pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required for all constituents contained in the most current Environmental Protection Agency (EPA) "Priority Pollutant" list, excluding asbestos, as listed in Appendix A of 40 CFR Part 423, or as subsequently amended. C. OCSD may specify and make part of each Special Purpose Discharge Permit specific Pretreatment Requirements or other terms and conditions determined by the General Manager to be appropriate to protect OCSD's Sewerage Facilities, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess a charge for use. OCSD-4653-56 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. Each Permittee shall also pay delinquent invoices in full prior to permit renewal. 305.4 Special Purpose Discharge Permit Modification of Terms and Conditions 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; 2. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. 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. 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. 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall normally be issued for a period not to exceed five (5) years, but may be renewed as determined by the General Manager. Users seeking permit renewal shall comply with all provisions of this Article 3. 305.6 Special Purpose Discharge Permit Charge for Use The General Manager shall establish a charge for use to cover all costs of OCSD for providing sewerage service and monitoring. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. OCSD-4353-57 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 OCSD. The conditions of Wastehauler diseharge perrnitsDischarae Permits shall be enforced by OCSD in accordance with this Ordinance and applicable state and federal regulations. B. A Wastehauler proposing to discharge Waste and/or Wastewater into the OCSD Wastehauler Station shall obtain and keep current both a valid Orange County Health Care Agency registration (where applicable), and a OCSD Wastehauler Discharge Permit. 306.1 Wastehauler Discharge Permit Application A. No User or Wastehauler shall discharge waste and/or Wastewater without both a valid Orange County Health Care Agency registration (where applicable) and an OCSD Wastehauler Discharge Permit. B. Any User or Wastehauler required to obtain a Wastehauler Discharge Permit shall complete and file with OCSD prior to commencing discharge, an application in a form prescribed by OCSD. This application shall be accompanied by the applicable fees. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries or clients using the applicant's services. 2. (Whichever is applicable) Name and address of any and all principals/owners/major shareholders of the company, Articles of Incorporation, most recent Report of the Secretary of State, and Business License. 3. Name and address of leaseholder of the vehicle or trailer, if applicable. 4. Number of trucks and trailers and the license numbers and tank hauling rapacity of each truck or trailer. 5. A copy of the applicant's valid Orange County Health Care Agency registration, where applicable. C. Wastehaulers discharging Food Service Establishment grease waste into OCSD's Wastehauler Station must have a valid California Department of Food and Agriculture (CDFA) permit, if required by law. OCSD-4853-58 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY GD_Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. 9-.E. After evaluation of the data furnished, OCSD may issue a Wastehauler Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect OCSD's Sewerage System. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority Pollutants. B. Requirements for maintaining and submitting Wastehauling records and Waste-Tracking Forms, and a valid copy of a current Orange County Health Care Agency registration (where applicable). C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect OCSD's Sewerage System or as specified by other Regulatory Agencies. 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 Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. A Permittee shall also pay any delinquent invoices in full prior to permit renewal. 306.4 Wastehauler Identification Decal and Access Card Transfer 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 OCSD. 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit maybe subject to modification OCSD-4353-59 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY and change in the sole determination by OCSD during the life of the permit based on: 1. The Discharger's current or anticipated operating data; 2. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. 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. 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 three(3)years. The Wastehauler Discharge Permit is contingent upon the Permittee maintaining a valid Orange County Health Care Agency Permit registration throughout the duration of the Wastehauler Discharge Permit. If at any time, the Permittee is determined to not have a valid OCHCA registration, the OCSD Wastehauler Discharge Permit will be immediately revoked. Upon expiration of the permit, the User and/or Wastehauler shall apply for renewal of the permit in accordance with the provisions of Article 3. 306.7 Wastehauler Discharge Permit Charge for Use A charge for use to cover all costs of OCSD for providing the Wastehauler Station service and monitoring shall be established by Ordinance of the Board of Directors. 307. DISCHARGE CERTIFICATIONS A. Discharge Certifications may be issued to those Users that are discharging regulated Wastewater but are not otherwise required to obtain a discharge permit. B. No User requiring a Discharge Certification or a Zero Discharge Certification OCSD-4353-60 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY shall discharge non-domestic Wastewater to OCSD without obtaining certification. C. Discharge Certifications shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by OCSD. The conditions of the Discharge Certifications shall be enforced by OCSD in accordance with this Ordinance and applicable state and federal regulations. D. All Users subject to Discharge Certifications proposing to discharge directly or indirectly into the OCSD's Sewerage Facilities shall obtain a Discharge Certification by filing an application and paying all applicable fees thereto. E. A User required to obtain a Discharge Certification may be required, at OCSD's discretion, to submit a completed application, and OCSD will approve the certification or otherwise proceed as required by federal law. F. The Discharge Certification shall contain as a minimum: 1. BMPs to regulate the quality of Wastewater discharged; 2. Requirements to periodically certify that appropriate BMPs are being practiced or are no longer necessary; 3. Requirements to notify OCSD in writing prior to modification to processes or operations through which regulated Wastewater may be produced; 4. Notice that OCSD may inspect the facility as necessary to assess and assure compliance with all discharge requirements; and 5. Requirements to comply with Resource Conservation and Recovery Act (RCRA) and state hazardous waste regulations regarding the proper disposal of hazardous waste. G. A Zero Discharge Certification shall contain asat a minimum: 1. A statement that no discharge of regulated Wastewater is permitted; 2. Requirements to notify OCSD of any changes in operation resulting in a potential for discharge; 3. Requirements to periodically certify that no discharge of regulated Wastewater has occurred; OCSD-4353-61 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 4. Notice that OCSD may inspect the facility as necessary to assess and assure compliance with the "no discharge" requirement; and 5. Requirements to comply with Resource Conservation and Recovery Act (RCRA) and state hazardous waste regulations regarding the proper disposal of hazardous waste. 308. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for Dischargers located outside OCSD's boundaries but within the OCSD service area and tributary to OCSD's Sewerage Facilities, may be issued by a Local Sewering Agency after approval by OCSD. OCSD shall have the right of inspection and sampling of the User's discharge to determine compliance with Industrial Wastewater discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the Local Sewering Agency. The more stringent of the industrial Wastewater discharge regulations and effluent limits of OCSD and the local agency shall apply to the Discharger. B. Pursuant to Article 6 herein, OCSD shall have the right to enforce the Federal Regulations,the provisions of this Ordinance, and permit conditions and limits applicable to any User located outside of OCSD's service area, but whose discharge is tributary to OCSD's Sewerage Facilities. C. The fees for use shall be determined by OCSD and set forth in a use agreement with the Local Sewering Agency. D. The requirements for a liquid wastehauler program may be established by a '^^^' se ^^•Local Sewering Agency after obtaining written permission from OCSD. 309. RESERVED 310. RESERVED OCSD-4353-62 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 4. FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by 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 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. B. The drawing shall depict as a minimum the manufacturing process (Wastewater 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. OCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. F. Permittees 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. OCSD4853-63 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY B. All Users may also be required by OCSD to submit Wastewater analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the Pretreatment facilities and compliance with permit limits and this Ordinance. 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 Pollutants, materials or other Wastewaters regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the Sewerage System in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the User's expense. B. The General Manager shall require any Significant Industrial User to develop and implement an accidental discharge/slug control plan. OCSD may evaluate whether each Industrial User needs such a plan. Any User required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non-routine batch discharges. 2. Description of stored chemicals. 3. Procedures for immediately notifying OCSD of any accidental of slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article 2 of this Ordinance. 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic Pollutants (including solvents), and measures and equipment for emergency response. OCSD-4353-64 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 404. MONITORING/METERING FACILITIES All Wastewater samples must be representative of the User's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. A. 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 an 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 OCSD. E. The User shall provide immediate, clear, safe and uninterrupted access to OCSD to the User's monitoring and metering facilities. F. For all industries permitted by OCSD, domestic Wastewaters shall be kept segregated from all Industrial Wastewaters until the Industrial Wastewaters have passed through any required Pretreatment system or device and the Permittee's sample point. 405. WASTE MINIMIZATION REQUIREMENTS A. As required by a User's permit, the User shall provide waste minimization plans to reduce or eliminate Pollutant discharge to the Sewerage System and conserve water. The User shall investigate product substitution, housekeeping practices, provide inventory control, implement employee education, and other steps as necessary to minimize Wastewater produced. B. Upon approval by OCSD, a User may certify that their facility does not discharge any type of Wastewater containing Pollutants that may directly or indirectly discharge into OCSD's Sewerage System as a form of Best Management Practice (BMP). OCSD4853-65 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 OCSD, if requested. The frequency of analyses and reporting shall be set forth in the User's permit. The analyses of these constituents and characteristics shall be by a laboratory acceptable to OCSD, and at the sole expense of the Permittee. Analyses performed by OCSD's personnel may be used in the determination of the annual charge for use. B. Monitoring for Compliance with Permit Conditions or Reporting Reguirements OCSD may require reports for self-monitoring of Wastewater constituents and characteristics of the Discharger needed for determining compliance with any limit or requirements as specified in the User's permit, federal or state regulations, or this Ordinance. The federal Pretreatment regulations at, including 40 CFR 403.12(g)(3}-and-( J±hl contain requirements for collecting samples,such as requiring that sampling Fnust be representative of conditions occurring during the reporting period and that grab samples must be collected for certain parameters. These reports include: 1. Baseline Monitoring Reports. a) Within either one hundred eighty(180)days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Sigai£saR Industrial Users subject to categorical Pretreatment Standard(s) currently discharging to or scheduled to discharge to OCSD shall submit to the General Manager a report which contains the information listed in paragraph b), below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Significant Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the General Manager a report which contains the information listed in paragraph c), below. A New Source shall report the method of Pretreatment it intends to use to meet applicable categorical Pretreatment Standards. A New Source also shall OCSD4853-66 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY give estimates of its anticipated Flow and quantity of Pollutants to be discharged. b) Users described above shall submit the information set forth below. (1) All information required in Section 302.13 of this Ordinance, including requirements in 40 CFR 403.12(b)(1)-(7). (2) Measurement of Pollutants. a) The User shall provide the following information. 1) The categorical Pretreatment Standards applicable to each regulated process and any new categorically regulated processes for Existing Sources. 2) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the Standard or by the General Manager, of regulated Pollutants in the discharge from each regulated process. 3) Instantaneous, Daily Maximum, and long-term average concentrations or mass, where required, shall be reported. 4) The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 501.2 of this Ordinance. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the General Manager or the applicable Standards to determine compliance with the Standard. 5) Sampling must be performed in accordance with procedures set out in Section 602 of this Ordinance. b) The User shall take a minimum of one OCSD4853-67 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY representative sample to compile that data necessary to comply with the requirements of this paragraph. c) Samples should be taken immediately downstream from Pretreatment facilities if such exist or immediately downstream from the regulated process if no Pretreatment exists. If other Wastewaters are mixed with the regulated Wastewater prior to Pretreatment the User should measure the flows and concentrations necessary to allow use of the Combined Wastestream Formula in 40 CFR 403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e))., this adjusted limit along with supporting data shall be submitted to OCSD; d) Sampling and analysis shall be performed in accordance with this Ordinance; e) The General Manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial Pretreatment measures; f) The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected Pollutant discharges to OCSD. (3) Compliance Certification. A statement, reviewed by the User's Authorized Representative as defined in this Ordinance and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional Pretreatment is required to meet the Pretreatment Standards and Requirements. (4) Compliance Schedule. If additional Pretreatment and/or O&M will be required to meet the Pretreatment OCSD4853-68 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Standards,the shortest schedule by which the Userwill provide such additional Pretreatment and/or 0&M must be provided. The completion date in this schedule shall not be later than the compliance date established forthe applicable Pretreatment Standard. A compliance schedule pursuant to this Section must meet the requirements set forth in this Ordinance. (5) Signature and Report Certification. All baseline monitoring reports must be certified in accordance with this Ordinance and signed by an Authorized Representative. 2. Compliance Schedule Progress Reports. The following conditions shall apply to the compliance schedule required by this Ordinance: a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional Pretreatment required for the User to meet the applicable Pretreatment Standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); b) No increment referred to above shall exceed nine (9) months; c) The User shall submit a progress report to the General Manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the User to return to the established schedule; and d) In no event shall more than nine (9) months elapse between such progress reports to the General Manager. 3. 90-Day Compliance Reports. Within ninety (90) days following the date for final compliance with OCSD-4653-69 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY applicable categorical Pretreatment Standards, or in the case of a New Source following commencement of the introduction of Wastewater into OCSD, any User subject to such Pretreatment Standards and Pretreatment Requirements shall submit to the General Manager a report containing the information described in this Ordinance. For Users subject to equivalent mass or concentration limits, this report shall contain a reasonable measure of the User's long-term production rate. For all other Users subject to categorical Pretreatment Standards expressed in terms of allowable Pollutant discharge per unit of production (or other measure of operation), this report shall include the User's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with this Ordinance. All sampling will be done in conformance with Section 602. 4. Periodic Compliance Reports. a) Except as otherwise specified in this Ordinance, all Significant Industrial Users must, at a frequency determined by the General Manager, submit no less than twice per year on dates specified by OCSD reports indicating the nature, concentration of Pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution prevention alternative, the User must submit documentation required by the General Manager or the Pretreatment Standard necessary to determine the compliance status of the User including documentation associated with Best Management Practices. b) OCSD will meet reporting requirements as specified by 40 CFR Part 3 (Cross-Media Electronic Reporting). Therefore, Users that send electronic (digital) documents to OCSD to satisfy the requirements of this Section must register for the system online and submit a signed Subscriber Agreement to OCSD for review and approval. 5. Notification of the Discharge of Hazardous Waste. a) Any User who commences the discharge of hazardous waste shall notify OCSD, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into OCSD of a substance which, if OCSD-4353-70 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. The User shall receive written approval from the OCSD to discharge hazardous waste. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to OCSD, the notification also shall contain the following information to the extent such information is known and readily available to the User: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subdivision 6 below. The notification requirement in this Section does not apply to Pollutants already reported by Users subject to categorical Pretreatment Standards under the self-monitoring requirements of this Ordinance. b) Dischargers are exempt from the requirements of paragraph (a), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the User discharges more than such quantities of any hazardous waste do not require additional notification. c) In the case of any new regulations under section 3001 of RCRA(42 U.S.C. 4 6921)identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the General Manager, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. OCSD-4353-71 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY d) In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Ordinance, a permit issued thereunder, or any applicable federal or state law. 6. Reports of Changed Conditions Each User must notify the General ManageFefManagers designee in writing at least thirty(30)days prior to implementing any significant changes to the User's operations systems, or systemprocesses. Significant changes include any modifications which mightmay alter the nature, quality, or volume of its Wastewater '^ ^�'�.,- va.,�^^^ ^°fir which may alter the change. The nGt ^^''^^ must h^ Fnpdp pFemptly, but ROFFnally w thin 30 days. In aeFtain eases, this peF ad may- be IengeFfacilitv's production processes and/or treatment systems and methods. a) The General Manager may require the User to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a Wastewater discharge permit application under this Ordinance. b) The General Manager may issue a Wastewater discharge permit under this Ordinance or modify an existing Wastewater discharge permit under this ordinance in response to changed conditions or anticipated changed conditions. 7. Reports of Potential Problems a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a Slug Discharge or Slug Load, that might cause potential problems for OCSD, the User shall follow the notification procedures under Notification of Spill or Slug Loading in Article 5. This notification shall also include the location of the discharge, type of Wastewater, concentration and volume, if known, and corrective actions taken by the User. OCSD4853-72 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY b) Within five (5) days following such discharge, the User shall, unless waived by the General Manager, submit a detailed written report. This written notification shall include, but not be limited to, the date of the incident, the reasons for the discharge or spill, what steps were taken to 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 might be incurred as a result of damage or loss to OCSD, natural resources, or any other damage to person or property; nor shall such notification relieve the User of any fees, fines, penalties, or other liability which may be imposed pursuant to this Ordinance or other applicable law. d) A notice shall be permanently posted on the User's bulletin board or other prominent place advising employees who to call in the event of a discharge described in paragraph a, above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure. e) Significant Industrial Users are required to notify the General Manager immediately of any changes at its facility affecting the potential for a Slug Discharge. 8. Reports from Unpermitted Users All Users not required to obtain a Wastewater discharge permit shall provide appropriate reports to the General Manager as the General Manager may require. 9. Notice of Violation/Repeat Sampling and Reporting If sampling performed by a User indicates a violation, the User must notify the General Manager 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 General Manager within thirty (30)days after becoming aware of the violation. Resampling by the User is not required if OCSD performs sampling at the User's facility at least once a month, or if OCSD performs sampling at the User's facility 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 OCSD has performed the sampling and analysis in lieu of the User. OCSD4353-73 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 10. Other reports as required by OCSD. a) Monitoring reports of the analyses of Wastewater constituents and characteristics shall be in a manner and form approved by OCSD and shall be submitted upon request of OCSD. When applicable, the self-monitoring requirement and frequency of reporting may be set forth in the User's permit as directed by OCSD. The analyses of Wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the User. b) Failure by the User to perform any required monitoring, or to submit monitoring reports required by OCSD constitutes a violation of this Ordinance, may result in determining whether the Permittee is in significant non-compliance, and be cause for OCSD to initiate all 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 OCSD in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and Sampling Conditions A. 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. OCSD shall have the right to place on the User's property or other locations as determined by OCSD, such devices as are necessary to conduct sampling or metering operations. Other sampling locations may include downstream manholes, usually in the Sewerage System,for the purpose of determining the compliance status of an industrial or commercial Discharger. C. OCSD may require the User to install and maintain sample points in areas acceptable to OCSD outside the User's facility, within the reasonable control of the User or OCSD. OCSD may also require lockable sample boxes fully containing the sample points. The User shall grant OCSD access to the sample points and sample boxes in accordance with this Ordinance. D. In order for OCSD to determine the Wastewater characteristics of the Discharger for purposes of determining the annual use charge and for OCSD-4353-74 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY compliance with permit requirements, the User shall make available for inspection and copying by OCSD all notices, self-monitoring reports, Waste-Tracking Forms, and records including, but not limited to, those related to production, Wastewater generation, Wastewater disposal, and those required in the Pretreatment Requirements without restriction but subject to the confidentiality provision set forth in Section 103 herein. All such records shall be kept by the User a minimum of three (3) years. E. 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 Reauirements 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 RaFE136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR 2a# 136 does not contain sampling or analytical techniques for the Pollutant in question, or where the EPA determines that the Part40 CFR 136 sampling and analytical techniques are inappropriate for the Pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including EPA-approved procedures or procedures approved by the General Manager. 501.3 Right of Entry A. Persons or occupants of premises where Wastewater is created or discharged shall allow OCSD, or its representatives, reasonable access to all parts of the Wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the Discharger's facility is open, operating, or any other reasonable time. No Person shall interfere with, delay, resist or refuse entrance to authorized OCSD personnel attempting to inspect any facility involved directly or indirectly with a discharge of Wastewater to OCSD's Sewerage System. B. Where a User has security measures in place, the User shall make necessary arrangements so that personnel from OCSD shall be permitted to enter without delay for the purpose of performing their specific responsibilities. 501.4 Notification of Spill or Slug Loading 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 a discharge will exceed OCSD-4353-75 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY the discharge provisions of the User's permit, Sections 201(A) & (B) or Table 1, Local Discharge Limits, the Discharger shall immediately notify OCSD by telephone. If the Wastewater or material discharged to the sewer has the potential to cause or result in a fire or explosion hazard, the Discharger shall immediately notify the local fire department and OCSD. Also see Reports of Potential Problems in this Article. OCSD-4853-76 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 501.5 Bypass Prohibition: Notification of Bvoass A. Bypass of Industrial Wastewater to the Sewerage System is prohibited. OCSD may take enforcement action against the User, unless: 1. Bypass was unavoidable because it was done to prevent loss of life, personal injury, or severe property damage; 2. There were no feasible alternatives to the Bypass, such as the use of auxiliary treatment facilities, retention of untreated Wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a Bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3. The Permittee submitted notices as required under Section 501.4(A). B. If a Permittee knows in advance of the need for a Bypass, it shall submit a written request to allow the Bypass to OCSD, if possible, at least ten (10) days before the date of the Bypass. C. OCSD may approve an anticipated Bypass at its sole discretion after considering its adverse effects, and OCSD determines that the conditions listed in Section 501.5(A)(1-3) are met. D. A Permittee shall provide telephone notification to OCSD of an unanticipated Bypass that exceeds its permitted discharge limits within four hours from the time the Permittee becomes aware of the Bypass. A written report shall also be provided within five (5) days of the time the Permittee becomes aware or could reasonably have been aware of the Bypass. The report shall contain a description of the Bypass and its cause; the duration of the Bypass, including exact dates and times, and, if the Bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the Bypass. Failure to comply with the oral notice or written report may be grounds for permit revocation. OCSD4353-77 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 6. ENFORCEMENT 601. PURPOSE AND SCOPE A. The Board finds that in order for OCSD to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that OCSD's Sewerage Facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to OCSD's Sewerage System by Permittees or by facilities required to obtain Zero Discharge Certifications. Certain violations may result in civil or criminal penalties for violation of Pretreatment Standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines. 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 OCSD is that: 1. Any determination relating to a Zero Discharge Certification, Probation Order, Enforcement Compliance Schedule Agreement (ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the OCSD Pretreatment Program, with a right of appeal by the Permittee to the General Manager pursuant to the procedures set forth in Section 618. 2. Any permit suspension or revocation recommended by the Division Head responsible for the OCSD Pretreatment Program will be heard and a recommendation made to the General Manager by an OCSD Department Head or other person designated by the General Manager. 3. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. 4. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. C. OCSD, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this Article 6 in response to any permit or Ordinance violation. OCSD-4853-78 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 602. DETERMINATION OF NON—COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all Permittees' facilities, Wastewater and discharges shall be conducted in the time, place, manner, and frequency determined at the sole discretion of OCSD. 2. Non-compliance with Mass Emission Rate limits, concentration limits, permit discharge conditions, or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a User. Non-compliance with Mass Emission Rate limits shall be determined by an analysis of a composite sample of the User's effluent, except that a grab sample may be used to determine compliance with Mass Emission Rate limits when the discharge is from a closed (batch) treatment system in which there is no Wastewater flow into the system when the discharge is occurring, the volume of Wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. 3. All Wastewater samples must be representative of the User's discharge. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. 4. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a User to keep its monitoring facility in good working order shall not be grounds for the User to claim that sample results are unrepresentative of its discharge. 5. If a User subject to the reporting requirement in this section monitors any regulated Pollutant at the appropriate sampling location more frequently than required by the General Manager, using the procedures prescribed in this Ordinance, the results of this monitoring shall be included in the report. 603. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitoring Requirements as a Result of Non-Compliance 1. If analysis of any sample obtained by OCSD or by a Permittee shows non-compliance with the applicable Wastewater discharge limits set forth in this Ordinance or in the Permittee's discharge permit, OCSD may impose self-monitoring requirements on the Permittee. OCSD-4353-79 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 2. A Permittee shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by OCSD. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to OCSD and submitted to OCSD in the form and frequency determined by OCSD. 4. All self-monitoring costs shall be bome by the Permittee. 5. Nothing in this section shall be deemed to limit the authority of OCSD to impose self-monitoring as a permit condition. B. Purpose of Non-Compliance Resampling Fees The purpose of the non-compliance resampling fee is to compensate OCSD for costs of additional sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the non- compliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 616 and 617. C. Non_Compliance Resampling Fees for Composite Samples 1. Each violation of a Permittee's permit limit or condition is a violation of this Ordinance. a) If analysis of any composite sample of a Permittee's discharge obtained by OCSD shows a major violation by the Permittee of the Mass Emission Rates or concentration limits specified in the Permittee's discharge permit or in this Ordinance, then the Permittee shall pay non-compliance resampling fees to OCSD pursuant to fee schedules adopted by OCSD's Board of Directors. b) If analysis of any composite sample of a Permittee's discharge obtained by OCSD shows a minor violation by the Permittee of the Mass Emission Rates or concentration limits specified in the Permittee's discharge permit or in this Ordinance, then OCSD shall impose non-compliance resampling fees pursuant to fee schedules adopted by OCSD's Board of Directors. 2. The fees specified in subsection 603.C.1.a), C.1.b) and D herein shall be imposed for each date on which OCSD conducts sampling as a result of a violation by a Permittee. OCSD-4853-80 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY D. Non-Compliance Resampling Fees for Grab Samples and Self-Monitoring Results 1. If analysis of any grab sample of a Permittee's discharge shows non- compliance with any concentration limits as set forth in the User's permit or in this Ordinance, OCSD may impose non-compliance resampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for resampling conducted by OCSD as a result of a violation by the Permittee. 2. If any self-monitoring analysis of a Permittee's discharge shows non- compliance with any concentration limits or Mass Emission Rates as set forth in the User's permit or in this Ordinance, OCSD may impose non-compliance resampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by OCSD as a result of a violation by the Permittee. 603.1 Probation Order 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 OCSD for User charges, non-compliance resampling fees or any other fees, the General Manager may issue a Probation Order, whereby the Permittee must comply with all directives, conditions and requirements therein within the time prescribed. 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. OCSD4853-81 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 603.2 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 OCSD shall not enter into an ECSA until such time as all amounts owed to OCSD, including User fees, non-compliance resampling fees, deposits, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the General Manager. Failure to pay all amounts owed to OCSD shall be grounds for permit suspension or permit revocation as set forth in Section 605 and 606. 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 605 or 606 of this Ordinance. 604. 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, OCSD4853-82 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY or in the event OCSD enacts revised or new discharge limits, the General Manager, upon determination that an Industrial User would not be in compliance with the adopted revised or new limits, may require the industrial User to enter into a RCSA with OCSD under terms and conditions that would provide for achieving compliance with all new standards by the industrial User on a specific date. The RCSA shall have a maximum term of two hundred-seventy (270) days. The General Manager may approve a longer term, upon a showing of good cause. 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 Resampling Fee During the period a RCSA is in effect, any discharge by Permittee in violation of the RCSA will require payment of non-compliance resampling fees in accordance with this Article 6. 605. PERMIT SUSPENSION 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 OCSD. 3. Refuses to provide records, reports, plans, or other documents required by OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 5. Fails to report significant changes in operations or Wastewater constituents and characteristics. 6. Violates a Probation Order. OCSD-4853-83 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 7. Refuses reasonable access to the Permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to OCSD for User charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Violates any condition or limit of its discharge permit or any provision of OCSD's Ordinances or regulations. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for permit suspension, he/she shall give written notice thereof via personal delivery, mail with proof of delivery, or a similar method to the permittee setting forth a statement of the facts and grounds deemed to exist—, together Ma Ra....�s Elesignee The h....F Rg dale nhnll h. Rat I...... th.... f�HeeR (15) calendar days n more than forty f ye (45) n ndar days after the ro of such not c C. Suspension Effective Immediately Any discharger notified of a permit suspension shall immediately cease and desist all direct and indirect discharges to the OCSD's sewerage system. In the event the discharger fails to voluntarily comply with the suspension order. the General Manager may take such steps as are reasonably necessary to prevent further discharges, including blocking or severing the discharger's connection to the sewer system. D. Suspension Hearing Any discharger whose permit is suspended may file a written request for a suspension hearing pursuant to this section. Such a reguest will not stay the suspension. In the event a hearing is requested, the General Manager or his/her designee shall, within fourteen (14) days after receiving the request, hold a hearing to determine whether the permit suspension should be confirmed or terminated. 1. At the suspension hearing, the Permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by OCSD's General Counsel. OCSD4853-84 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 2 Ai4^• the nnnnl •n'nn of the hea4n^ The General Manager or the General Manager's designee shall submit a wr tten report 4n the General Manager within th rty (30) calendar days render a decision on the suspension within seventy-two (72) hours following the conclusion of the suspension hearing. In the sensk,siea-ef-the hhea.'a^ 6e# nhevent the General Manager orhis/her designee fails to make a decision within seventy-two (72) hours, the suspension shall be staved pending the decision. 2—The decision shall be made in writing and include a brief statement of facts found to be true and a determination of the issues presented, '3. I n n4 of Ihn ...r'44nn • nd 4hn (`nnnrn �.lnnnnn• ehn nLn his detprrn nation and should hn/she f'nd that grounds exist fo suspension ..f the P nit he/she shall issue h s/heF including a final decision and order R .,.a:..,. ,. thln twenty (pro nnl... daF days. regarding whether the suspension is upheld or terminated- The written decision and order of the General Manager or his/her designee shall be sent via personal delivery, mail with proof of delivery, or a similar method to the Permittee or its legal counsel/representative at the Permittee's business address. E. Effect of Suspension Order 1. Upon issuance, an order of permit suspension issued by the General Manager shall be final in all respects. 2. The permittee shall immediately cease and desist its discharge of any Wastewater, directly or indirectly to OCSD's Sewerage System for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the Permittee. 3. Any owner and responsible management employee of the Permittee shall be bound by the order of suspension. F. Reinstatement or Revocation 1. The General Manager shall reinstate the suspended permit upon proof of satisfactory compliance with all discharge requirements of OCSD, including all additional permit requirements deemed necessary by the General Manager or his or her designee to prevent future violations by the permittee OCSD-4853-85 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 2. The General Manager may, in his or her sole discretion, seek to permanently revoke any suspended permit pursuant to the procedures outlined in Section 606 of this Ordinance. 606. PERMIT REVOCATION 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 OCSD. 2. Refuses to provide records, reports, plans, or other documents required by OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 4. Fails to report significant changes in operations or Wastewater constituents and characteristics. 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or probation order. 6. Discharges effluent to OCSD's Sewerage System while its permit is suspended. 7. Refuses reasonable access to the Permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to OCSD for User charges, non-compliance resampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with OCSD's collection, treatment, or disposal system. 10. Fails to submit oral notice or written report of a Bypass occurrence. 11. Violates any condition or limit of its discharge permit or any provision of OCSD's Ordinances or regulations. OCSD4853-86 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY B. Notice/Hearing When the General Manager has reason to believe that grounds exist forthe revocation of a permit, he/she shall give written notice via personal delivery, mail with proof of delivery, or a similar method thereof to the Permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty_five (45) calendar days after the mailing of such notice. 1. At the hearing, the Permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager within thirty(30) calendar days setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 3 Upon race pt of the rden por AheThe General Manager shall make his/her determination and should he/she find that grounds exist for permanent revocation of the permit, he/she shall issue his/her decision and order in writing within twenty (20) calendar days-. of receiving the written report. The written decision and order of the General Manager shall be sent via personal delivery, mail with proof of delivery, or a similar method to the Permittee or its legal counsel/representative at the Permittee's business address. 4. In the event the General Manager determines to not revoke the permit, he/she may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he/she deems appropriate. C. Effect 1. Upon issuance, an order of permit revocation issued by the General Manager shall be final in all respects. 2. The Permittee shall immediately cease and desist its discharge of any Wastewater directly or indirectly to OCSD's Sewerage System. All costs for physical termination shall be paid by the Permittee. OCSD-4853-87 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 3. Any owner or Authorized Representative of the Permittee shall be bound by the order of revocation. 4. Any future application for a permit at any location within OCSD by any Person subject to an order of revocation will be considered by OCSD after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 607. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS A Wastehauler's non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the Wastehauler's discharge permit or this Ordinance. If the discharge of a Wastehauler is found by the analysis to be in excess of the concentration limits specified in the Wastehauler's discharge permit or in this Ordinance, the Wastehauler shall, after receiving a demand from OCSD, identify in writing, all sources of the discharge. OCSD reserves the right to sample and inspect any Wastehauler that delivers Wastewater to any facility which is tributary to OCSD's Sewerage Facilities. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is domestic septage, or septic Waste, OCSD may still elect not to accept Wastewater from that particular source. If the discharge is Industrial Wastewater from an industrial source(s)and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The Permittee shall pay a non-compliance fesampl ng feepmessing or sampling fee pursuant to fee schedules adopted by the OCSD Board of Directors. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The Permittee shall pay a non-compliance res2mplinggrocessing or sampling fee pursuant to fee schedules adopted by the OCSD Board of Directors. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. OCSD4853-88 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 3. The Wastehauler permit may be revoked in accordance with Section 606. 608. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. Any User who discharges any Wastewater which causes or contributes to any obstruction, interference, damage, or any other impairment to OCSD's Sewerage Facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by OCSD to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of twenty five percent (25%)of OCSD costs shall be added to the costs and charges to reimburse OCSD for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty—five (45) days of invoicing by OCSD. B. Any User who discharges a Wastewater which causes or contributes to OCSD violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by OCSD, including regulatory fines, penalties, and assessments made by other agencies or a court. 609. INDUSTRIAL WASTEWATER PASS THROUGH Any User whose discharge results in a Pass Through event affecting OCSD or its Sewerage Facilities shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The Discharger shall submit to OCSD plans to prevent future recurrences to the satisfaction of OCSD. 610. PUBLICATION OF VIOLATION Upon a determination in a permit suspension, permit revocation, or civil penalty proceedings that a User has discharged in violation of its permit or any provision under this Ordinance, OCSD may require that the User notify the public and/or other Users of the OCSD's Sewerage Facilities of such violation, of actions taken to correct such violation, and of any administrative or judicial orders or penalties imposed as a result of such violation. 611. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, including 40 CFR 25 and 40 CFR 403.81f1. OCSD shall annually cause to be published the names of all Industrial Users in significant OCSD-4853-89 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY non-compliance. Upon a minimum of a thirty (30) day notification to the User, said publication shall be made in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by OCSD. 612. PUBLIC NUISANCE Discharge of Wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorized by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any Person creating a public nuisance is guilty of a misdemeanor. 613. TERMINATION OF SERVICE A. OCSD, by order of the General Manager, may physically terminate sewerage service to any property as follows: 1. On a term of any order of emergency suspension or revocation of a permit; or 2. Upon the failure of a Person not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to OCSD's Sewerage Facilities; or 3. Upon the failure of a facility not holding a valid discharge permit or certification. B. All costs for physical termination shall be paid by the User as well as all costs for reinstating service. 614. EMERGENCY SUSPENSION ORDER A. OCSD may, by order of the General Manager, suspend sewerage service or Wastehauler discharge service when the General Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause interference to the OCSD's Sewerage Facilities,or may cause OCSD to violate any state or federal law or regulation. Any Discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all Industrial Wastewater to the Sewerage System. 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 OCSD4353-90 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD General Counsel. The General Manager shall issue a written decision and order within two (2) business days following the hearing, which decision shall be sent via personal delivery, mail with proof of delivery, or a similar method to the User or its legal counsel/representative at that User's business address. The decision of the General Manager following the hearing shall be final in all respects. 615. INJUNCTION Whenever a Discharger of Wastewater is in violation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Categorical Pretreatment Standards or Pretreatment Requirements as set forth in 40 CFR Section 403.5, et seq., fails to submit required reports, or refuses to allow OCSD entry to inspect or monitor the User's discharge, OCSD may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent threatened violations by the Discharger. 616. CIVIL PENALTIES A. Authority All Users of OCSD's Sewerage System and facilities are subject to enforcement actions administratively orjudicially by OCSD, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A,Section 1251, at seq.); (2)California Porter-Cologne Water Quality Control Act (California Water Code Section 13000, at seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 9-2525^T et se . • (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 OCSD is subject to the payment of fines or penalties pursuant to the legal authority and actions of other Regulatory Agencies or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by OCSD, as caused by the discharge of any User of OCSD's Sewerage System which is in violation of any provision of this Ordinance or the User's permit, OCSD shall be entitled OCSD-4353-91 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY to recover from the User all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which OCSD has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740.6, any Person who violates any provision of this Ordinance; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251, 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 OCSD, upon order of the General Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as OCSD may impose, assess, and recover pursuant to federal and/or state legislative authorization. D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, OCSD may issue an administrative complaint to any Person who violates: a) any provision of this Ordinance; b) any permit condition, prohibition, or effluent limit, or certification requirement; or c) any suspension or revocation order. 2. The administrative complaint shall be served via personal delivery, mail with proof of delivery, or a similar method on the Person and shall inform the Person that a hearing will be conducted, and shall specify a hearing date within sixty (60) days. The administrative complaint will allege the act or failure to act that constitutes the violation of OCSD requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager's designee. The Person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted. 3. At the hearing, the Person shall have an opportunity to respond to OCSD4353-92 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by OCSD's General Counsel. 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager within thirty(30) calendar days setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation. CJ I POR .eeeipt of the ....#eR .. pep . eThe General Manager shall make his/her determination and should he/she find that grounds exist for assessment of a civil penalty against the Person, he/she shall issue his/her decision and order in writing within twenty(20)calendar days of receiving the written report. 6. If, after the hearing or appeal, if any, it is found that the Person has violated reporting or discharge requirements, the General Manager may assess a civil penalty against that Person. In determining the amount of the civil penalty, the General Manager may take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the Person involved. 7. Civil penalties may be assessed as follows: a) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical, monitoring reports, or any other required documents; b) In an amount which shall not exceed three thousand dollars ($3,000.00)for each day for failing or refusing to timely comply with any compliance schedules established by OCSD; c) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any Wastewater discharge limit, permit condition, or requirement issued, reissued, or adopted by OCSD; d) In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or OCSD-4353-93 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY prohibition issued, reissued, or adopted by OCSD; 8. Any Person aggrieved by an order issued by the General Manager assessing administrative civil penalties may, within fifteen (15) days after the General Manager issues the order, file an appeal with the Governing Board. The evidence on appeal shall consist solely of the General Manager's order and the administrative record before the hearing officer. The Governing Board shall determine whether to uphold, modify, or reverse the General Manager's order. The decision of the Governing Board shall be set forth in writing and be sent by certified mail to the appellant. The decision of the Governing Board shall be final in all respects. If no appeal of the General Manager's decision is filed within fifteen (15)days of its issuance, the General Manager's order becomes final in all respects. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the Person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order. 10. Any Person aggrieved by a final decision issued by the Governing Board, may obtain review in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the Governing Board decision. 11. Payment of any order setting administrative civil penalties shall be made within thirty(30)days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the Discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. OCSD may record the lien for any unpaid administrative civil penalties on the ninety-first (91st) day following the date the order becomes final. 12. No administrative civil penalties shall be recoverable under Section 616.13 for any violation for which OCSD has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 617. CRIMINAL PENALTIES OCSD4353-94 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY Any Person who violates any provision of this Ordinance is guilty of a misdemeanor,which upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not more than thirty (30) days, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 618. APPEALS TO GENERAL MANAGER 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 OCSD within fifteen (15) days of mailing of notice of the decision, action, or determination of OCSD to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant's request. Filing of an appeal shall stay the proceedings and furtherance of the action being appealed 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 via personal delivery, mail with proof of delivery, or a similar method. The hearing date shall not be more than thirty (30) days from the delivery date of such notice to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the staff decision shall be deemed final. C. Hearing At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the Division Head's decision, action or determination. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by OCSD's General Counsel. 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 OCSD-4353-95 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY or reverse the Division Head's original decision, action or determination. "PGR FeG8 Pt Gf the WFitt^^ •epGFt t``^The General Manager shall make his/her determination and shall issue his/her decision and orderwithin thirty (30) calendar days of receiving the hearing written report by his/herthe Department Head (or other designee..-1 Upon issuance, the order of the General Manager shall be final in all respects. The written decision and order of the General Manager shall be sent via personal delivery, mail with proof of delivery, or a similar method to the appellant or its legal counsel/representative at the appellant's business address. 619. PAYMENT OF CHARGES 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. €BAny 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. FTC. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate suspension of the permit. fr.D_Penalties charged under this Section shall not accrue to those invoices successfully appealed. i#E_Payment of disputed charges is still required by the due date during OCSD review of any appeal submitted by Permittees. 620. COLLECTION OF DELINQUENT ACCOUNTS Collection of delinquent accounts shall be in accordance with OCSD's policy resolution establishing procedures for collection of delinquent obligations owed to OCSD, as amended from time to time by the Board of Directors. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this Ordinance. OCSD-4653-96 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 621. APPEAL OF CHARGES AND FEES Except for non-compliance charges and penalties, any User, permit applicant, or Permittee affected by any decision, action, or determination by OCSD, relating to fiscal issues of OCSD in which the User, applicant, or Permittee is located, including but not limited to the imposition and collection of fees, such as capital facility capacity charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that OCSD reconsider imposition of such fees or charges. Following review of such a request, OCSD shall notify the User, permit applicant, or Permittee via personal delivery mail with proof of delivery, or a similar method of OCSD's decision on the reconsideration request. Any User, permit applicant, or Permittee adversely affected by OCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors. The notice of appeal must be received by OCSD within thirty (30) days of the mailing of OCSD's decision on the reconsideration request. 622. RECOVERY OF COSTS INCURRED BY OCSD In the event any User, permit applicant, or permittee fails to comply with any of the terms and conditions of this Ordinance, a probationary order, an order of permit suspension or revocation, an ECSA, a RCSA, a certification, or a permit issued hereunder, OCSD shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. 623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with OCSD an amount determined by the General Manager as necessary to guarantee payment to OCSD of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts OCSD may require an amendment to the permit of any Permittee who fails to make payment in full of all fees and charges assessed by OCSD, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. Bankruptcy Every Permittee filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court ordered, protection from OCSD-4353-97 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 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 OCSD shall review and examine Permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this Ordinance. OCSD may thereafter issue an amendment to the User's permit in accordance with the provisions of Article 3 and subsection E below. E. Security An amendment to a Wastewater discharge permit issued pursuant to subdivisions (B), (C)and (D)above, may be conditioned upon the Permittee depositing financial security in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by OCSD and shall not be used by OCSD to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. 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 subdivisions (B), (C) and (D), OCSD shall either return the security deposit posted by the Permittee or credit their account. 624. JUDICIAL REVIEW A. Purpose and Effect Pursuantto Section 1094.6 of the California Code of Civil Procedure, OCSD hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: OCSD4853-98 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit. 2. Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of OCSD or its offices or agents, all written evidence, and any other papers in the case. 3. Party shall mean a Person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of OCSD or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. Preparation of the Record The complete record of the proceedings shall be prepared by the OCSD officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he/she has filed written request therefor. OCSD may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. 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. OCSD4353-99 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY F. Notice In making a final decision, OCSD shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. OCSD-4853-100 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY G. Administrative Civil Penalties Notwithstanding the provisions in this Section, and pursuant to Government Code Section 54740.6, judicial review of an order of the General Manager imposing administrative civil penalties pursuant to Section 616.D may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the General Manager becomes final. OCSD-4853-101 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 7. SEWER SERVICE CHARGES —CAPITAL FACILITY CAPACITY CHARGES 701. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD's Sewerage System, shall pay a sanitary sewer service charge in an amount adopted by the Board of Directors by separate Ordinance. 702. CAPITAL FACILITIES CAPACITY CHARGE Every parcel of real property located within OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD's Sewerage System, shall pay a capital facilities capacity charge in an amount adopted by the Board of Directors by separate Ordinance. OCSD-4853-102 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ARTICLE 8. SEVERABILITY 801. SEVERABILITY If any provision of these Regulations or the application to any circumstances is held invalid, the remainder of the regulations or the application of such provision to other persons or other circumstances shall not be affected. 802. GENERAL APPLICATION The provisions of this Ordinance shall apply to all properties within OCSD including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the state Constitution or statute, including properties owned by other public agencies or tax-exempt organizations. Section I: This Ordinance is enacted in order to preserve the public health and safety, and in order to continue the provision of sewer services by OCSD. The facts requiring the public health and safety to be preserved are that the regulation of the discharge of industrial and sanitary Sewage is regulated by federal and state law, and protection of individuals' health and the environment require that no discharges of untreated Sewage/Wastewater are allowed to occur that are not in accord with technical specifications and requirements. Section II: Effective Date. This Ordinance shall take effect July 1, 20462019. Section III: Repeal. Ordinance No. OCSD-3948 is hereby repealed. Section IV: The Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by the Board of Directors of the Orange County Sanitation District at a Regular Meeting held the 24th 2nd day of FebMa:T20loMay. 2019. David John NoelsenShawver Chair, Board of Directors Orange County Sanitation District OCSD-4853-103 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY ATTEST: Kelly A. Lore MMC Clerk of the Board Orange County Sanitation District Bradley R. Hogin General Counsel OCSD-4853-104 139249].1 DRAFT FOR DISCUSSION PURPOSES ONLY STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-49-53 was introduced for first reading at a regular meeting of said Board on the 24th day of January 2046Aoril 2019, and passed and adopted at a regular meeting of said Board on the 24t4 22nd day of FebFUaFy, 294PaMay, 2019, by the following vote, to wit: AYES'_ Beam sh; Cho ; Curry; Deaton. ones, Katapodis; Kiley; v:w, KFin ppner (AltBFnate) MINIS; M. Murphy (AlteMate); C6..wyer; F. Cm th. Steel; T'n ^. WanLe; and Vnm NOES: None ABSTENTIONS: Plan ABSENT: PAFk F And Witham IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24th 22nd day of F 6, May. 2019. Kelly A. Lore MMC Clerk of the Board Orange County Sanitation District OCSD-4853-105 139249].1 ADMINISTRATION COMMITTEE Meeting Date TOBd.of Dir. 04/10/19 04/24/19 AGENDA REPORT Item Number Item Number 5 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: PROPOSED ORDINANCE NO. OCSD-54 AMENDING SECTION 2.06 OF ARTICLE II, TABLE A, TABLE B, AND TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING CAPITAL FACILITY CAPACITY CHARGES GENERAL MANAGER'S RECOMMENDATION A. Introduce Ordinance No. OCSD-54, entitled "An Ordinance of the Board of Directors of the Orange County Sanitation District Amending Section 2.06 of Article II, Table A, Table B, and Table C of Ordinance No. OCSD-50 Concerning Capital Facilities Capacity Charges; B. Motion to read Ordinance No. OCSD-54 by title only and waive reading of said entire Ordinance on April 24, 2019; C. Set May 22, 2019 as the date for the second reading and adoption of Ordinance No. OCSD-54; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. BACKGROUND Orange County Sanitation District (Sanitation District) Ordinance No. OCSD-50 was adopted by the Board of Directors on March 28, 2018. Staff is requesting to amend the ordinance with clarification language only. • Table A removes parking structures from the Ordinance • Table B clarifies the multi-family residential definitions • Table C clarifies inspection fee descriptions These clarifications will assist the Sanitation District's member agencies with the collection of the Capital Facility Capacity Charges and will help our customer's understanding of how the capacity/inspection fees are charged. These revisions will not increase any of the fees in the ordinance. RELEVANT STANDARDS • Comply with Ordinance No. OCSD-50 • Sustain 1, 5, 20-year planning horizons Page 1 of 3 PROBLEM The Sanitation District's Board of Directors approved Ordinance No. OCSD-50 in March of 2018. The definitions need clarification so that our member agencies and customers have a better understanding of how our capacity fees are charged. The proposed clarifications will help to reduce errors in calculating the fees. PROPOSED SOLUTION Amend Section 2.06 of Article ll, Table A, Table B, and Table C of Ordinance No. OCSD-50 Concerning Capital Facilities Capacity Charges. TIMING CONCERNS April 24th — First Reading of the Ordinance May 22nd — Second Reading and Adoption of the Ordinance July 1af— Ordinance takes effect RAMIFICATIONS OF NOT TAKING ACTION Ordinance language will be confusing for our member agencies and customers. PRIOR COMMITTEE/BOARD ACTIONS March 28, 2018—Adopted Ordinance No. OCSD-50 December 2017—Adopted 2017 Facilities Master Plan and Received and filed 2017 Rate Study ADDITIONAL INFORMATION To ensure the appropriate allocation of costs and fees, the Orange County Sanitation District (Sanitation District) engaged an engineering consulting firm, Carollo Engineers, to provide an independent analysis of the Sanitation District's cash flow modeling and a cost of service study. The study demonstrates that the Sanitation District's proposed fees are appropriate and reasonable and will support its projected capital and operating requirements. Carollo Engineers completed the facilities master plan update. In conjunction with this update, Carollo was tasked with performing an updated sewer rate study to determine the appropriate rates going forward to support the facilities master plan update. The Rate Study was received and filed, and the Facilities Master Plan was adopted by Resolution No. OCSD 17-16 in December 2017 and the Ordinance concerning Capital Facilities Capacity Charges was adopted in March of 2018. Based upon feedback from our member agencies, definitions in the fee tables need to be clarified. The amendment to Ordinance NO. OCSD-50 provides these clarifications. Page 2 of 3 ATTACHMENT The following attachment(s)is attached in hard copy and may also be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Proposed Ordinance No. OCSD-54 (Redline) • Ordinance No. OCSD-50 Page 3 of 3 ORDINANCE NO. OCSD-54 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING SECTION 2.06 OF ARTICLE ll, TABLE A, TABLE B, AND TABLE C OF ORDINANCE NO. OCSD-50 CONCERNING CAPITAL FACILITY CAPACITY CHARGES WHEREAS,the Board of Directors of the Orange County Sanitation District adopted Ordinance No. OCSD-50 on March 26, 2016 adopting Capital Facilities Capacity Charges; and WHEREAS, the Board of Directors of the Orange County Sanitation District wishes to revise Section 2.06 of Article ll, Table A, Table B, and Table C to more clearly define the categories for charges. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: SECTION 1: Section 2.06 of Article ll, Table A, Table B and Table C of Ordinance No. OCSD-50 are hereby amended as follows: OCSD-54-1 TABLE A CAPITAL FACILITIES CAPACITY CHARGES (CFCC) NON-RESIDENTIAL Use Category Rate Basis Base Charge Low Demand2 Per 1,000 square feet' $ 332.001 Average Demand45 Per 1,000 square feet $2,066.001 High Demand3 Per 1,000 square feet $4,908.001 'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $4,228; and all calculations shall be on a 1,000 square foot, or portion thereof, basis. ?Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards; Lumber/Construction Yards; Public Storage Buildings; and other facilities whose wastewater discharge is similar to these listed categories. PaFk Rg 9tFU ...,..... ................tPd t,. the ..,....,..W 11 Rat b.. ..h.,Fged 2High Demand connections are the following categories of users: Food/Beverage Service Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to these listed categories. °AII other connections are Average Demand users including: Church Offices and Schools; Hotels, Shopping Centers/Strip Malls without food/beverage service establishments, Music Halls without food facilities, Office buildings, Senior Housing with individual living units without kitchens but with a common kitchen 5 Residential Accessory Structures such as workshops and hobby shops that connect to the sewer, will be charged at the average demand rate and the minimum charge does not apply. OCSD-54-2 TABLE B CAPITAL FACILITIES CAPACITY CHARGES (CFCC) RESIDENTIAL (PER UNIT)- Single Family Residential (SFR)1 Base Charge 5+ Bedrooms $5,877.00 4 Bedrooms $5,031.00 3 Bedrooms $4,228.00 2 Bedrooms $3,425.00 1 Bedroom $2,621.00 Multi-Family Residential (MFR)z Base Charge 4+ Bedrooms $4,566.00 3 Bedrooms $3,763.00 2 Bedrooms $2,960.00 1 Bedroom $2,114.00 Studio3 $1,353.00 "The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate that is a percentage of the base rate depending on the size of the unit. The schedule for the base rate shall be as follows: 2018-19 2019-20 2020-21 2021-22 2022-23 $4,228 $4,601 $4,973 $5,346 $5,719 1 Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other enclosed addition which could potentially be used as a bedroom are included in this category. The classification of these additions will be reviewed and determined by staff. 2 MFR units consist of multiple attached units that are not sold individually and receive one secured property tax bill such as apartments. Multiple attached units that are not sold individually and are Ssenior housing with individual living units that include a kitchen are considered MFR units. 3 Studio—one single room with no separating doors or openings leading to another part of the room (except for a bathroom). Live/Work units will be charged at the residential rate for the living quarters and at the non- residential rate for the work portion square footage. OCSD-54-3 TABLE C PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS Lateral installation to property line: 2018-19 2019-20 2020-21 2021-22 2022-23 $575.00 $650.00 $725.00 $800.00 $875.00 Lateral linstallation with optional cleanout to existing manhole: • `haman out: 2018-19 2019-20 2020-21 2021-22 2022-23 $650.00 $800.00 $950.00 $1,050.00 $1,150.00 Core drilling into existing manhole base—add: 2018-19 2019-20 2020-21 2021-22 2022-23 $600.00 $900.00 $1,200.00 $1,450.00 $1,500.00 Installation of new manhole over existing sewer: ^^�"^'^: 2018-19 2019-20 2020-21 2021-22 2022-23 $1,200.00 $1,400.00 $1,600.00 $1,800.00 $1,900.00 Gas Flap Installation —add: 2018-19 2019-20 2020-21 2021-22 2022-23 $450.00 $455.00 $460.00 $465.00 $470.00 INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for plan check. If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before the District finals the sewer project. OCSD-54-4 The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: SECTION 2. Severability. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. SECTION.3. Effective Date. This Ordinance shall take effect July 1, 2019. SECTION 4. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a majority vote of of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held on May 22, 2019. David John Shawver Chairman, Board of Directors Orange County Sanitation District ATTEST: Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District APPROVED AS TO FORM: Bradley R. Hogin General Counsel Orange County Sanitation District OCSD-54-5 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-54 was introduced for first reading at a regular meeting of said Board on the 24th day of April 2019, and passed and adopted at a regular meeting of said Board on the 22"d day of May 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 22"d day of May 2019. Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District OCSD-54-6 ORDINANCE NO. OCSD-50 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT ADOPTING CAPITAL FACILITIES CAPACITY CHARGES AND REPEALING ORDINANCE NO. OCSD-40 AND ORDINANCE NO. OCSD-42 WHEREAS, Health & Safety Code Section 5471 authorizes the Board of Directors of the Orange County Sanitation District ("District") to impose fees and other charges for services and facilities furnished by the District in connection with the District's wastewater collection, treatment, disposal, and reuse system; and WHEREAS, the District imposes Capital Facilities Capacity Charges on new users and Supplemental Capital Facilities Capacity Charges on specked existing users. These charges are set forth in Ordinance No. OCSD-40, as amended by Ordinance No. OCSD-42; and WHEREAS, the District recently retained Carollo Engineers to evaluate the District's projected revenue needs and recommend service fees and capacity charges for the period July 1, 2018 to June 30, 2023. In December of 2017, Carollo Engineers issued its "Final Report and Recommendations on Wastewater Rates, Fees, and Charges" ("Carollo Report"). The District's Board of Directors received the Carollo Report on December 20, 2017, and the Carollo Report is on file with the District; and WHEREAS, the Carollo Report recommended that the District (1) increase the residential CFCC from $3,855 per equivalent dwelling unit to $5,719 per equivalent dwelling unit by 2023, and (2) increase the commercial-industrial CFCC from $2,000 per 1.000 square feet to $3,639 per 1,000 square feet by 2023; and WHEREAS, the recommendations set forth in the Carollo Report are based on various studies and plans including, among others, financial forecasts and the District's 2017 Facilities Master Plan ("Master Plan"). The Master Plan identified the capital improvement projects that will be needed over the next 20 years, and estimated the cost of each project. The District's Board of Directors adopted the Master Plan on December 20, 2017; and WHEREAS, on Wednesday, March 28, 2018 at 6:00 P.M., in the District's Boardroom on the first Floor of its Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, the District held a properly noticed public hearing,and received and considered comments concerning the proposed charges; and WHEREAS, the Board of Directors has carefully reviewed the Carollo Report and considered oral and written comments from the public, Board Members, District staff, and District consultants made at and prior to the March 28, 2018 public hearing; OCSD50-1 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: SECTION I. Adopt Capital Facilities Capacity Charges TABLE OF CONTENTS ARTICLE I: RECITAL OF FINDINGS Section 1.01. Findings — Declaration of Intent ARTICLE 11: CAPITAL FACILITIES CAPACITY CHARGES Section 2.01. Purpose and Scope Section 2.02. Definitions Section 2.03. Connection Permits: Required Section 2.04. Capital Facilities Capacity Charge: Payment Section 2.05. Capital Facilities Capacity Charge: Time of Payment Section 2.06. Capital Facilities Capacity Charge: Schedule of Amounts Table A Capital Facilities Capacity Charges— Non-Residential Table B Capital Facilities Capacity Charges— Residential Table C Plan Check and Inspection Fee Schedule Section 2.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users—Special Purpose Dischargers— Definitions Section 2.08. Supplemental Capital Facilities Capacity Charge: New Significant Commercial — Industrial Users Section 2.09. Supplemental Capital Facilities Capacity Charge: New Special Purpose Dischargers Section 2.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial— Industrial Users— Special Purpose Dischargers Table D Supplemental Capital Facilities Capacity Charges Section 2.11. Capital Facilities Capacity Charge: Replacement Section 2.12. Capital Facilities Capacity Charge: Remodeled Section 2.13. Accessory Dwelling Units Section 2.14. Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements Section 2.15. No Refund or Transfer Section 2.16. Baseline Transferability Section 2.17. Capital Facilities Capacity Charge: Annual Updates Section 2.18. Affordable Housing Projects OGSD-50-2 ARTICLE III: MISCELLANEOUS Section 4.01. Application of Ordinance Section 4.02. Exceptions Section 4.03. Out of Area Sewer Service Agreements ARTICLE I RECITAL OF FINDINGS Section 1.01. Findings. Based on substantial evidence in the record, the Board of Directors hereby finds as follows: A. The District operates a system for the collection, treatment, disposal, and reuse of wastewater ("System"). The System protects human health and the environment from the potentially harmful effects of wastewater. B. The District regularly constructs, reconstructs, repairs, and/or rehabilitates System facilities through capital improvement projects ("Capital Projects"). The District recovers the cost of Capital Projects through Capital Facilities Capacity Charges imposed on new users and Supplemental Capital Facilities Capacity Charges imposed on specified existing users. This Ordinance imposes Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges as recommended in the Carollo Report. C. The District will use the revenues from Capital Facilities Capacity Charges and the Supplemental Capital Facilities Capacity Charges to fund future Capital Projects and/or repay principal and interest on debt incurred in connection with past Capital Projects. The revenues shall not be used for the acquisition or construction of new local street sewers or laterals as distinguished from main trunk, interceptor and ouffall sewers. D. The Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges established by this ordinance are based on the information and analysis set forth in the Carollo Report and the Master Plan, both of which were made available to the public in accordance with Government Code Section 66016 and other provisions of law. E. The Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges established by this ordinance do not exceed the estimated reasonable cost of providing the wastewater collection, treatment, disposal, and reuse services for which the fees are charged. The manner in which the costs are allocated to each payor bears a fair or reasonable relationship to the payor's burdens on, and benefits received from, the District's System. OCSDb03 F. The Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges established by this ordinance will retire debt and fund capital projects necessary to maintain service within the District's existing service area. Therefore, adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a). G. The Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges established by this ordinance are not imposed as an "incident of property ownership" within the meaning of Article XIIID of the California Constitution. Thus, the substantive and procedural requirements of Article XIIID do not apply. H. The Capital Facilities Capacity Charges and Supplemental Capital Facilities Capacity Charges established by this ordinance have been approved by the District's Board of Directors at a noticed public meeting, all in accordance with applicable provisions of law. ARTICLE II CAPITAL FACILITIES CAPACITY CHARGES Section 2.01. Purpose and Scope. This Ordinance is designed to ensure that each user pays his or her fair share of the costs of Capital Projects, based on the burden that each user places on the System. The District will use revenues generated by this Ordinance to (i) fund future Capital Projects, and (ii) repay principal and interest on debt incurred in connection with past Capital Projects. Section 2.02. Definitions. A. "Actual construction costs" include the cost of all activities necessary or incidental to the construction of the District facility, such as financing, planning, designing, acquisition of the property or interests in the property, construction, reconstruction, rehabilitation, and repair. B. "Capital Facilities Capacity Charge" means a one-time, non- discriminatory charge imposed at the time a building or structure is newly connected to the District's System, directly or indirectly, or an existing structure or category of use is expanded or increased. Said charge is to pay for the District facilities in existence at the time the charge is imposed, or to pay for new facilities to be constructed in the future, that are of benefit to the property being charged. This charge does not apply to temporary facilities or operations that are regulated under the provisions of a Special Purpose Discharge Permit. A schedule of the Capital Facilities Capacity Charges specified herein will be on file in the Office of the Board Secretary of the District, and in the Building Department of each City within the District. C. "Connection fee" means a fee equal to the cost necessary to physically connect a property to the District's System, including but not limited to, installation of meters, meter boxes, pipelines, and appurtenances to make the connection OCSD-50-a and which fee does not exceed the actual cost of labor, materials, and overhead for the installation of those facilities. D. "Non-discriminatory" means that the Capital Facilities Capacity Charge does not exceed an amount determined on the basis of the same objective criteria and methodology applicable to comparable public or non-public users, and is not in excess of the proportionate share of the cost of the District's facilities of benefit to the person or property being charged, based upon the proportionate share of use of those facilities. E. "Public agency" means the United States or any of its agencies, the State or any of its agencies, the Regents of the University of California, a county, city, district, school district, local or regional public authority, or any other political entity, subdivision or public corporation of the State. F. The Supplemental Capital Facilities Capacity Charge, as provided for in Sections 2.07, 2.08, 2.09, and 2.10 of this Ordinance, is an annual charge payable to the District on a quarterly or annual basis, as determined by the District. Said charge is required to be paid by dischargers that exceed the maximum quantity of flow or constituents (BOD or SS) allowed as a base use for which the Capacity Charge is paid. G. "Accessary Dwelling Unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated, and has been approved by a local agency pursuant to Government Code Section 65852.2 and/or a local ordinance. Section 2.03. Connection Permits: Required. A. Connection permits are required of each and every dwelling unit, and each commercial or industrial building, and structure connecting directly or indirectly to the District's sewerage system facilities. Included are the connections of laterals to local municipal sewerage facilities, and the connection of local municipal sewerage facilities and laterals to the District's facilities. Multiple detached structures on a single parcel of property shall each be required to obtain a connection permit. B. Except as authorized by the issuance of a Special Purpose Discharge Permit under Sections 305—305.6 of the District's Wastewater Discharge Regulations, or as authorized pursuant to a special extra territorial service agreement approved by the Board of Directors, no permit shall be valid unless the real property to be served by use of the permit is included within the boundaries of the District and within the boundaries of a local sewering agency authorized to maintain public sewering facilities. However, a permit, as authorized above, may be issued for property to be served outside the boundaries of a local sewering agency if a local sewering agency makes application for the issuance of such permit. There will be a non-discriminatory Capital Facilities Capacity Charge assessed to public agencies for connecting directly or indirectly to the District's sewerage system facilities, and a connection permit must be obtained. OCSD50-5 Section 2.04. Caoital Facilities Capacity Charge: Payment Required. No application for a permit for a connection of a structure to the District's sewerage facility, or to any sewerage facility which discharges into the District sewerage facility, shall be approved, nor a permit issued, until the District's Capital Facilities Capacity Charge is paid by the applicant, except as provided for discharges under a Special Purpose Discharge Permit. No connection permit shall be issued unless there is an established category of use of the property to be served or a valid building permit issued which establishes the category of use of said property. Section 2.05. Capital Facilities Capacity Charge: Time of Payment. A. Payment of the Capital Facilities Capacity Charge established by this Ordinance for connection to the District's sewerage system facilities shall be required at the time of issuance of the building permit for all construction within the District, except in the case of a building legally exempt from the requirement of obtaining a permit. The payment of the Capital Facilities Capacity Charge for such exempt buildings will be required at the time of and prior to the issuing of a plumbing connection permit for any construction within the territorial limits of the District, or if none, prior to the issuance of a Certificate of Occupancy. B. Upon application of any property owner seeking to connect to the District's sewerage system, the General Manager or his designee, upon a finding of compelling need, may, pursuantto the authority of California Health&Safety Code Section 5474, approve of an agreement with the property owner for the payment of the applicable connection charge and/or annexation fees in installment payments over a period of not to exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten (10%) percent per annum and that the charges and interest shall constitute a lien on the property. Section 2.06. Capital Facilities Capacity Charge and Plan Check and Inspection Fees: Schedule of Amounts. A. Every person or entity connecting any new or expanded building or structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in the amount for the applicable category of use set forth on Table A & B, below. B. Every person or entity connecting any new or expanded building or structure directly to the District's local or regional system facilities shall pay Plan Check and Inspection Fees in the amount set forth n Table C, below. OCS0.50-6 TABLE A CAPITAL FACILITIES CAPACITY CHARGES ICFCCI NON-RESIDENTIAL Use Category Rate Basis Base Charge Low Demand2 Per 1,000 square feet' $ 332.001 Average Demandd5 Per 1,000 square feet $2,066.001 High Demand' Per 1,000 square feet $4,908,001 'Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $4,228; and all calculations shall be on a 1,000 square foot, or portion thereof, basis. zLow Demand connections are the following categories of users: Parking Structures; Nurseries; Warehouses; Churches; Truck Terminals; RV Parks; RV Storage Yards; Lumber/Construction Yards; Public Storage Buildings; and other facilities whose wastewater discharge is similar to these listed categories. Parking Structures not connected to the sewer will not be charged. 3High Demand connections are the following categories of users: Food/Beverage Service Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to these listed categories. 'All other connections are Average Demand users including: Church Offices and Schools; Hotels, Shopping Centers/Strip Malls without food/beverage service establishments, Music Halls without food facilities, Office buildings, Senior Housing with individual living units without kitchens but with a common kitchen 5 Residential Accessory Structures such as workshops and hobby shops that connect to the sewer, will be charged at the average demand rate and the minimum charge does not apply. OCSD-50-7 TABLE B CAPITAL FACILITIES CAPACITY CHARGES (CFCCI RESIDENTIAL (PER UNIT)* Single Family Residential (SFR)' Base Charge 5+ Bedrooms $5,877.00 4 Bedrooms $5,031.00 3 Bedrooms $4,228.00 2 Bedrooms $3,425.00 1 Bedroom $2,621.00 Multi-Family Residential (MFR)2 Base Charge 4+ Bedrooms $4,566.00 3 Bedrooms $3,763.00 2 Bedrooms $2,960.00 1 Bedroom $2,114.00 StudiO3 $1,353.00 The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate that is a percentage of the base rate depending on the size of the unit. The schedule for the base rate shall be as follows: 2018-19 2019-20 2020-21 2021-22 2022-23 $4,228 $4,601 $4,973 $5,346 $5,719 Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other enclosed addition which could potentially be used as a bedroom are included in this category. The classification of these additions will be reviewed and determined by staff. 2 MFR units consist of multiple attached units that receive one secured property tax bill such as apartments. Senior housing with individual living units that include a kitchen are considered MFR units. 3 Studio—one single room with no separating doors or openings leading to another part of the room (except for a bathroom). LiveNVork units will be charged at the residential rate for the living quarters and at the non- residential rate for the work portion square footage. OCSD50-8 TABLE C PLAN CHECK AND INSPECTION FEE TABLE INSPECTION FEES FOR SINGLE CONNECTIONS Lateral installation to property line: 2018-19 2019-20 2020-21 2021-22 2022-23 $575.00 $650.00 $725.00 $800.00 $875.00 Lateral Installation to existing manhole with clean out: 2018-19 2019-20 2020-21 2021-22 2022-23 $650.00 $800.00 $950.00 $1,050.00 $1,150.00 Core drilling into existing manhole base — add: 2018-19 2019-20 2020-21 2021-22 2022-23 $600.00 $900.00 $1,200.00 $1,450.00 $1,500.00 Installation of new manhole over existing manhole: 2018-19 2019-20 2020-21 2021-22 2022-23 $1,200.00 $1,400.00 $1,600.00 $1,800.00 $1,900.00 Gas Flap Installation — add: 2018-19 2019-20 2020-21 2021-22 2022-23 $450.00 $455.00 $460.00 $465.00 $470.00 INSPECTION FEES FOR MULTIPLE CONNECTIONS Plan check and inspection fees of 20 percent of the sewer construction cost for new tract sewers, sewer extensions or special facilities are required when plans are submitted for plan check. If additional funds are needed, they must be deposited as soon as they are requested to complete the inspection on the project. If funds are required after the work is completed, they must be paid before the District finals the sewer project. OCSD-50-9 Section 2.07. Supplemental Capital Facilities Capacity Charge: Significant Commercial — Industrial Users and Significant Special Purpose Dischargers— Definitions. A. A Significant Commercial — Industrial User ("SCIU") is any person or entity who discharges commercial or industrial process flow, but excluding domestic sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS") greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit, as prescribed by Article 3 of the District's Wastewater Regulations, due to having federally or the District regulated or significant discharges. B. A Significant Special Purpose Discharger ("SSPD") is any person or entity who discharges to the sewer system wastewater or process flow in an amount greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of the District's Wastewater Regulations. A Special Purpose Discharger (SPD) discharges 25,000 gpd or less. C. An Existing SCIU or SSPD is any SCIU or SSPD connected and discharging to the District's system prior to January 1, 2000. D. A New SCIU or SSPD is any user who connects and discharges to the District's System pursuant to a Waste Discharge Permit issued on or after January 1, 2000; or if previously connected and not an SCIU, as defined in Subparagraphs 2.07A and B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as to constitute an SCIU or SSPD. E. The maximum discharge allowed to a user, for which a base Capital Facilities Capacity Charge is paid, as per Table A, above, is 25,000 gallons per day("gpd"), or 150 pounds per day each of BOD and SS (the "base use"). Discharge of flow, or BOD, or SS in amounts greater than allowed by this Subsection 2.07E shall be subject to the provisions of Sections 2.08 and 2.09 hereof. F. Each Existing SCIU shall have a baseline of allowed discharge of flow, and BOD, and SS established by the the District as of January 1, 2000. The baseline shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge data which the District determines is representative of the user's actual annual discharge to the sewerage system. Dischargers who are deemed to be SCIU's solely because of the requirements to obtain a Waste Discharge Permit, pursuant to Section 2.07A above, shall have a minimum baseline established as follows: Flow — 25,000 gallons per day; BOD— 150 pounds per day; and SS— 150 pounds per day. The SCIU shall be authorized to discharge flow, and BOD, and SS up to the baseline amounts without payment of a Supplemental Capital Facilities Capacity Charge. G. Each Existing SPD shall have a baseline of 25,000 gpd. The Existing SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a Supplemental Capital Facilities Capacity Charge. OCSD-50-10 H. The Supplemental Capital Facilities Capacity Charge, as prescribed by Sections 2.08, 2.09, and 2.10 below, shall be payable commencing with the effective date of this Ordinance. Section 2.08. Supplemental Capital Facilities Capacity Charge: New Significant Commercial — Industrial Users. In addition to the base Capital Facilities Capacity Charge, as prescribed in Table A, for commercial — industrial use category properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge maximums, in the amount shown in Table D. Section 2.09. Supplemental Capital Facilities Capacity Charge: Significant Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital Facilities Capacity Charge of$.001948 per gallon per day for each gallon of flow exceeding 25,000 gallons per day. Section 2.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial — Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial — Industrial Users connected to and discharging to the District's System shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline authorization, whichever is lesser; or(ii) an increase of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the discharger or the District. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section 2.10A above. TABLE D SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Daily Charge 2018-19 2019-20 2020-21 2021-22 2022-23 FLOW $0.001948 $0.001960 $0.001972 $0.001984 $0.001996 BOD $0.427550 $0.440380 $0.453590 $0.467200 $0.481210 SS $0.231510 $0.240770 $0.250410 $0.260420 $0.270840 OCSD-50-11 FLOW—Gallons Per Day BOD— Pounds Per Day SS— Pounds Per Day C. All Existing SPDs connected and discharging to the sewer shall be required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an increase of discharge flow over 25,000 gpd. The Supplemental Capital Facilities Capacity Charge shall be $ 0.001948 per gallon per day of discharge for each gallon above 25,000 gpd. D. The Supplemental Capital Facilities Capacity Charge shall be calculated on the basis of the average daily quantity of discharge in excess of the User's baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the District. Section 2.11. Capital Facilities Capacity Charge: Replacement Structures. For new construction replacing former structures, the Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Tables A and B, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Tables A and B that would be for the prior category of use which was terminated and removed. Section 2.12. Capital Facilities Capacity Charge: Remodeled Structures. In the case of existing structures connected to the District's system facilities, to which new construction or alteration is made to change or increase the category of use or number of bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the District on the rate basis of the category of the new use and the amounts as set forth in Tables A and B, less a credit amount, up to the amount of the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Tables A and B for the prior category of use. Section 2.13. Accessory Dwelling Units. Notwithstanding Section 2.12, pursuant to Government Code Section 65852.2, the District shall not collect Capital Facilities Capacity Charges from any ADU if the unit is contained within the existing space of a single-family residence or accessory structure, has independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety. Section 2.14.Payment of Capital Facilities Capacity Charge: Off-Site Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for connection to off-site sewers which are not included as part of the District Master Plan and for which a Non-Master Plan Reimbursement Agreement has been entered into between the District and the property owner, shall be paid in the amount provided for in said Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The amount set forth in said Agreement shall be the amount due, provided the original Agreement is still in force. The Non-Master Plan Capital Facilities Capacity Charge shall be in addition to the other Capital Facilities Capacity Charges provided for in Sections 2.06 through 2.10 hereinabove, established for property connecting to said facilities. OCSD-50-12 Section 2.15. No Refund or Transfer. A Capital Facilities Capacity Charge is paid for the connection of a specific building or structure on a parcel of property. No refund of any charge shall be made because of non-use or change of use, or any other reason once the connection has been made. If the connection is not made and the request for connection is withdrawn within 12 months of the payment date, the charges paid will be refunded upon establishing proof from the City or County of a canceled permit. The connection permit is non-transferable to any other parcel of property. Section 2.16. Baseline Transferability. The baseline of allowed discharge of flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge shall not be transferable to a different property, nor shall a credit for such previously existing baseline be provided to another SCIU concurrently or subsequently occupying the same property for a different use. Each such SCIU shall pay Supplemental Capital Facilities Capacity Charges in accordance with Section 2.08 above. Section 2.17.Capital Facilities Capacity Charge Annual Updates. The Capital Facilities Capacity Charge is based upon the most recently completed Facilities Master Plan. This The non-residential charge will be updated annually based upon the increase in the Engineering News-Record construction cost index for Los Angeles as of December of the prior year until the completion of the next Rate Study. The residential charge will be updated based upon the schedule of base fees in Table B. Section 2.18.Affordable Housing Projects. Per Resolution OCSD 11-02, development projects that include lower income housing units shall not be denied approval of an application for service, nor shall conditions be imposed thereon or services reduced which are applied for, unless the District makes specific written findings that the denial, condition, or reduction is necessary due to the existence of one or more of the following: (a) insufficient water supply or insufficient water treatment or distribution capacity; (b) a State Department of Health Services order prohibiting new water connections; (c) insufficient sewer treatment or collection capacity; (d) a Regional Water Quality Control Board order prohibiting new sewer connections; (a) the applicant has failed to agree to reasonable terms and conditions ARTICLE III MISCELLANEOUS Section 4.01. Application of Ordinance. The provisions of this Ordinance shall be in addition to the provisions of the District's Wastewater Discharge Regulations for use of the District's sewage facilities, including provisions for payment of charges or fees related thereto; the District's ordinance establishing Fees Concerning Annexations of OCSD-50-13 Territory to the District; and any other the District Ordinances and Resolutions not in conflict herewith. Section 4.02. Exceptions. The provisions of this Ordinance shall apply to all owners of properties within the District, including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations, except as expressly provided herein. Section 4.03 Out of Area Sewer Service Agreements. The District is empowered to contract for the transport, treatment and disposal of wastewaters originating within areas outside of the District if it is in the best interest of the District to do so. These Out of Area Sewer Service Agreements will establish fees and charges relative to the services provided by the District for each individual agreement. The Board of Directors of the Orange County Sanitation District does further hereby ORDAIN: SECTION II. Severabilitv. If any provision of this Ordinance, or the application to any person or circumstances is held invalid by order of Court, the remainder of the Ordinance, or the application of such provision to other persons or other circumstances, shall not be affected. SECTION III. Effective Date. This Ordinance shall take effect July 1, 2018. SECTION IV. Repeal. Ordinance No. OCSD-40 and Ordinance No. OCSD-42 are hereby repealed. SECTION V. Certification and Publication. The Clerk of the Board shall certify to the adoption of this Ordinance, and shall cause a summary to be published in a newspaper of general circulation as required by law. OCSD-50-14 PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held on March 28, 2018. 5r Gr ory ourn, PLS airman, Board of Directors Orange County Sanitation District ATTEST: r Keiy ' . L rMMId Clerl of t e Board Orange County Sanitation District APPROVED AS TO FORM: r � Bradfey Ft. llogin General Counsel Orange County Sanitation District OCSD-50-15 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-50 was introduced for first reading at a regular meeting of said Board on the 28th day of February 2018, and passed and adopted by a vote of not less than two-thirds at a regular meeting of said Board on the 28th day of March 2018, by the following vote, to wit: AYES: Barnes; Bernstein; Blazey (Alternate); Collacott; Deaton; Ferryman; Jones; Kim; R. Murphy; Nagel; Nguyen; Parker; Peotter; Peterson; Sebourn; Shawver; F. Smith; T. Smith; Wagner; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Hawkins; Steel; Tinajero; and Wanks IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 28th day of March, 2018. Kelly . Lor MC Clerk fthe card Orange County Sanitation District OCSD-50.16 WOODRuFF� $PRADllN&SMART , CLOSED SESSION 1 555 ANION BOULEVARD, SUITE 1200 COSTA M.s A, CA 92626-7670 (714)556-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Board of Directors FROM: Bradley R. Hogin, Esq. General Counsel DATE: April 16, 2019 RE: Closed Session Items The Board of Directors will hold a closed session on April 24,2019 for the purpose of conferring with its labor negotiators to discuss negotiations with the International Union of Operating Engineers Local 501,the Orange County Employees Association, and the Supervisors and Professionals Group. The Agency Designated Representatives are Laura Kalty, Liebert Cassidy Whitmore,James Herberg, Lorenzo Tyner, and Celia Chandler. The closed session will be held pursuant to authority of California Government Code Section 54957.6. Respec y submitted, By: Bradley . Hogin, G eral Counsel 1394459.1 ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California LAFCO Local Agency Formation RWQCB Regional Water Quality Water Agencies Commission Control Board APWA American Public Works LOS Level Of Service SARFPA Santa Ana River Flood Association Protection Agency AQMD Air Quality Management MGD Million Gallons Per Day SARI Santa Ana River District Interceptor ASCE American Society of Civil MOU Memorandum of SARWQCB Santa Ana Regional Water Engineers Understanding Quality Control Board BOD Biochemical Oxygen Demand NACWA National Association of Clean SAWPA Santa Ana Watershed Water Agencies Project Authority California Air Resources National Environmental Supervisory Control And CARB Board NEPA Policy Act SCADA Data Acquisition California Association of Non-Governmental Southern California CASA Sanitation Agencies NGOs Organizations SCAP Alliance of Publicly Owned Treatment Works CCTV Closed Circuit Television NPDES National Pollutant Discharge SCAQMD South Coast Air Quality Elimination System Management District CEQA California Environmental NWRI National Water Research SOCWA South Orange County Quality Act Institute Wastewater Authority CIP Capital Improvement O&M Operations&Maintenance SRF Clean Water State Program Revolving Fund California Regional Water Orange County Council of Sewer System CRWQCe Quality Control Board OCCOG Governments SSMP Management Plan CWA Clean Water Act OCHCA Orange County Health Care SSO Sanitary Sewer Overflow Agency California Water Environment Orange County Sanitation State Water Resources CWEA Association OCSD District SWRCe Control Board EIR Environmental Impact Report OCWD Orange County Water District TDS Total Dissolved Solids EMT Executive Management Team COBS Ocean Outfall Booster Station TMDL Total Maximum Daily Load EPA US Environmental Protection OSHA Occupational Safety and 7S5 Total Suspended Solids Agency Health Administration Professional Waste Discharge FOG Fats,Oils,and Grease PCSA Consultant/Construction WDR Wastee Discharge Services Agreement gpd gallons per day PDSA Professional Design Services WEE Water Environment Agreement Federation GWRS Groundwater Replenishment POTW Publicly Owned Treatment WERE Water Environment& System Works Reuse Foundation ICS Incident Command System ppm pans per million WIFIA Water Infrastructure Finance and Innovation Act Integrated Emergency Professional Services Water Infrastructure IERP Response Plan PSA Agreement WIIN Improvements for the Nation Act JPA Joint Powers Authority REP Request For Proposal WRDA Water Resources Develo ment Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS—A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS —The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD)—The amount of oxygen used when organic matter undergoes decomposition by microorganisms.Testing for BOD is done to assess the amount of organic matter in water. BIOGAS—A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS—Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) — Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements,additional capacity, and projects for the support facilities. COLIFORM BACTERIA—A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere,used as indicators of sewage pollution. E.coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM — In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP)—A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) — Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (Dfr)—The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG)— In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming("greenhouse stil . GROUNDWATER REPLENISHMENT SYSTEM(GWRS)—Ajoint water reclamation project that proactively responds to Southern California's current and future water needs.This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE(LOS)—Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) — A N-nitrosamine suspected cancer causing agent. It has been found in the Groundwater Replenishment System process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP)—An alliance of the National Association of Clean Water Agencies and Water Environment Federation, with advisory support from the US Environmental Protection Agency. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PLUME—A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS(POTW)—A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR(SARI) LINE—A regional brine line designed to convey 30 million gallons per day of non- reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal,after treatment. SANITARY SEWER— Separate sewer systems specifically for the carrying of domestic and industrial wastewater. Combined sewers carry both wastewater and urban runoff. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)—Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT— Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE—Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS(TSS)—The amount of solids floating and in suspension in wastewater. TRICKLING FILTER—A biological secondary treatment process in which bacteria and other microorganisms,growing as slime on the surface of rocks or plastic media,consume nutrients in wastewater as it trickles over them. URBAN RUNOFF—Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER—Any water that enters the sanitary sewer. WATERSHED—A land area from which water drains to a particular water body.The Orange County Sanitation District's service area is in the Santa Ana River Watershed.