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Home My WebLink About04-26-2017 Board Meeting Agenda Packet Orange County Sanitation District Wednesday, April 26, 2017 Regular Meeting of the _ 6:00 P.M. BOARD OF DIRECTORS Board Room 10844 Ellis Avenue Fountain Valley, CA 92708 (714)593-7433 AGENDA CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE (Glenn Parker, City of Brea) 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 Rem 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: None. REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters of general 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 will be 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 Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.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 Special Board of Directors Meeting held on March 15, 2017 and the Regular Board of Directors Meeting held on March 22, 2017. 04/26/2017 OCSD Board of Directors Agenda Page 1 of 7 2. SEWER RELOCATION AGREEMENT WITH BIG CANYON COUNTRY CLUB (Rob Thompson) RECOMMENDATION: Approve a Sewer Relocation Agreement with the Big Canyon Country Club for the relocation of a portion of the Orange County Sanitation District Big Canyon Trunk Sewer within the Big Canyon Country Club Golf Course in the City of Newport Beach. RECEIVE AND FILE: These items require no action; and without objection, will be so ordered by the Board Chair. 3. COMMITTEE MINUTES (Clerk of the Board) RECOMMENDATION: Receive and file the approved minutes of the following committees: A. Steering Committee Meeting of February 22, 2017 B. Operations Committee Meeting of March 1, 2017 C. Administration Committee Meeting of March 8, 2017 4. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O17 (Lorenzo Tyner) RECOMMENDATION: Receive and file the report of the Investment Transactions for the month of March 2017. OPERATIONS COMMITTEE: 5. MENDOZA ODOR CONTROL FACILITY (Ed Torres) RECOMMENDATION: A. Approve a 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 2899 Mendoza Drive in the city of Costa Mesa, in a form approved by General Counsel; and B. Approve reimbursement to CMSD for $12,600 per year with annual adjustments not exceeding a 10% increase over the initial year for storage facility lease at Orange Coast College's boat yard beginning July 1, 2017 and annually thereafter. 04/26/2017 OCSD Board of Directors Agenda Page 2 of 7 6. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson) RECOMMENDATION: Change the preferred alternative from the southwest corner of Plant No. 1 to the area bounded by Ellis Avenue on the south, southbound Ellis off-ramp on the east, 1-405 Freeway on the north, and Ward Street on the west for the location for the Administration Building and Laboratory Building for CEQA evaluation under the Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128. 7. CENTRAL GENERATION ENGINE JET CELL IGNITORS AND CHECK VALVES REPLACEMENT (Ed Torres) RECOMMENDATION: A. Approve a Sole Source Purchase Order to GE Oil & Gas Compression Systems, LLC for the purchase of replacement Jet Cell Igniters and Check Valves for rehabilitating eight Central Generation Engines at Plant Nos. 1 and 2 for a total not to exceed $1,816,495, plus applicable tax and freight; and B. Approve a contingency of$90,825 (5%). 8. UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-132 (Rob Thompson) RECOMMENDATION: Establish a project for Uninterruptible Power Supply Improvements at Plant No.1, Project No. P1-132, with a budget of$4,800,000. 9. RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-123 (Rob Thompson) RECOMMENDATION: Establish a project for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, with a budget of$15,000,000. ADMINISTRATION COMMITTEE: 10. FINANCIAL INFORMATION SYSTEM PURCHASE ORDER CONTRACT RENEWAL (Lorenzo Tyner) RECOMMENDATION: A. Approve a five-year Purchase Order Contract with Oracle America, Inc. for an annual amount of$92,143, for a total not to exceed amount of$460,715, commencing July 1, 2017 through June 30, 2022; and 04/26/2017 OCSD Board of Directors Agenda Page 3 of 7 B. Approve a contingency of$46,072 (10%). 11. PURCHASE OF RADIO COMMUNICATION EQUIPMENT AND SERVICES (Lorenzo Tyner) RECOMMENDATION: A. Authorize an additional $400,000 to sole source Purchase Order No. 105821-OB with Motorola Solutions utilizing Orange County Price Book Agreement No. MA060-15011560, for purchases of equipment, services, and repairs, for a total amount not to exceed $480,000 for the period ending May 20, 2020; B. Authorize an immediate purchase of equipment and services for Orange County Sanitation District's Motorola radio systems, for a total amount of $148,613, plus applicable tax and freight; and C. Approve a contingency of $14,861 (10%). LEGISLATIVE AND PUBLIC AFFAIRS/STEERING COMMITTEE (Joint Meeting): 12. LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE (Bob Ghirelli) RECOMMENDATION: Provide direction regarding scheduling of the Legislative and Public Affairs Committee. STEERING COMMITTEE: 13. IRVINE RANCH WATER DISTRICT OUT OF AREA SERVICE AGREEMENT FOR LOS ALISOS ADDITION (Rob Thompson) RECOMMENDATION: Approve an agreement with the Irvine Ranch Water District allowing wastewater flow to enter Orange County Sanitation District's service area from Portola Hills and Baker Ranch, for a period of three years, from date of execution, and to support Irvine Ranch Water District's application to the Local Agency Formation Commission for an Orange County Sanitation District change of service boundaries to permanently service these areas. NON-CONSENT ITEMS: None. 04/26/2017 OCSD Board of Directors Agenda Page 4 of 7 AB 1234 REPORTS: This is the time of the meeting when Board Members will provide a brief oral report on any conference, meeting, or travel paid by the Sanitation District. CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chair may convene the Board in closed session to consider matters of pending real estate negotiations,pending orpotential litigation,orpersonnel 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 as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. (1) CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION Regarding property rights at or in the vicinity of Plant No. 1. Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1 case Potential initiation of litigation pursuant to Government Code Section 54956.9(d)(4): 1 case (2) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 300 East Coast Highway, Newport Beach, CA - APN No.440-132-60 Agency negotiators: General Manager, Jim Herberg; Assistant General Manager, Bob Ghirelli; Director of Finance and Administrative Services, Lorenzo Tyner; Director of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr; and CIP Project Manager, Adam Nazaroff. Negotiating parties: Bayside Village Marina LLC Under negotiation: Instruction to negotiator will concern price and terms of payment. (3) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section 54956.8) Property: 10950 Virginia Cir. Fountain Valley, CA-APN No.156-165-05; 10870 Spencer Ave. Fountain Valley, CA -APN No.156-163-07; 18480 Pacific St. Fountain Valley, CA -APN No.156-165-04; 18430 Pacific St. Fountain Valley, CA -APN No.156-165-06; 04/26/2017 OCSD Board of Directors Agenda Page 5 of 7 18370 Pacific St. Fountain Valley, CA -APN No.156-165-08; 18429 Pacific St. Fountain Valley, CA -APN No.156-163-09; 18410 Bandilier Cir. Fountain Valley, CA - APN No.156-163-10; 18368 Bandilier Cir. Fountain Valley, CA - APN No.156-163-11; 10700 Spencer St. Fountain Valley, CA-APN No.156-163-16; 10700 Spencer Ave. Fountain Valley, CA -APN No.156-154-07; 18350 Mt. Langley St. Fountain Valley, CA-APN No.156-154-08; 18386 Mt. Langley St. Fountain Valley, CA-APN No.156-154-06; 18385 Bandilier Cir. Fountain Valley, CA - APN No.156-163-12; 18401 Bandilier Cir. Fountain Valley, CA - APN No.156-163-13; 18424 Mt. Langley St. Fountain Valley, CA-APN No.156-154-05; 18435 Bandilier Cir. Fountain Valley, CA - APN No.156-163-14; 18475 Bandilier Cir. Fountain Valley, CA - APN No.156-163-15; 10725 Ellis Ave. Fountain Valley, CA -APN No.156-154-04; 10540 Talbert Ave. Fountain Valley, CA -APN No.156-151-03; and 7311 Doig Drive Garden Grove, CA -APN No. 131-651-20 Agency negotiators: General Manager, Jim Herberg; Assistant General Manager, Bob Ghirelli; Director of Finance and Administrative Services, Lorenzo Tyner; Director of Engineering, Rob Thompson; Engineering Managers, Kathy Millea and Jeff Mohr; CIP Project Manager, Wendy Sevenandt; Tom Grant; Kevin Turner and John Gallivan, Cushman and Wakefield. Negotiating parties: Valley, Business Park, APN Nos. 156-165-05, .156-165-06, 156-163-07; DK-USA LLC, APN No.156-165-04; Fountain Valley Industrial Parcel 13, APN No.156-165-08; Sukut Real Properties LLC, APN Nos. 156-163-09, 156-163-10, 156-163-11; The Ins Trust Shabtai, Nevon, APN No. 156-163-16; The Ins Trust, APN No. 156-154-07; K & A Investments LP, APN No. 156-154-08; Fountain Valley Star LLC, APN No. 156-154-06; TN Sheet Metal Inc., APN No. 156-163-12; 18401 Bandilier LLC, APN No. 156-163-13; Phone Lilly Lin-Lin TR, APN No. 156-154-05; JDK Partners, APN No. 156-163-14; Chandler Real Properties, APN No. 156-163-15; Ellis Avenue LLC, APN No. 156-154-04; and SFII Fountain Valley LLC, APN No. 156-151-03 Under negotiation: Instruction to negotiator will concern price and terms of payment. RECONVENE IN REGULAR SESSION. 04/26/2017 OCSD Board of Directors Agenda Page 6 of 7 CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: ADJOURNMENT: Adjourn the Board meeting until the Regular Meeting of the Board of Directors on May 24, 2017 at 6:00 p.m. 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 to the Clerk of the Board 14 days before the meeting. Kelly A.Lore Clerk of the Board (714)593-7433 kloraCdlomd.com For any questions on the agenda, Committee members may contact staff at: General Manager Jim Herberg (714)593-7300 iherbem[rpocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rohirelliaomd.com Director of Engineering Rob Thompson (714)593-7310 rihomnsonrdtocsd.com Director of Environmental Services Jim Colston (714)593-7450 icolstonaocsd.mm Director of Finance and Lorenzo Tyner (714)593-7550 Itvneraocsd.com Administrative Services Director of Human Resources Celia Chandler (714)593-7202 cchandlerCrpocsd.com Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com 04/26/2017 OCSD Board of Directors'Agenda Page 7 of 7 ITEM NO. 1 Orange County Sanitation District MINUTES SPECIAL BOARD MEETING March 15, 2017 ANITAT� 9 U N 2 ,y t o � l�NG THE ENV�Q, Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 0 311 512 01 7 Minutes of Board Meeting Page 1 of 3 ROLL CALL A Special meeting of the Board of Directors of the Orange County Sanitation District was called to order by Board Chair Greg Sebourn on March 15, 2017, at 3:00 p.m., in the Administration Building. Board Vice-Chairman David Shawver delivered the invocation and led the Pledge of Allegiance. The Clerk of the Board declared a quorum was not present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Gregory Seboum, Chair Jesus Silva Denise Barnes X Lucille Kring Allan Bernstein X Chuck Puckett Robert Collacott Diana Fascenelli X Ellery Deaton X Sandra Massa-Lavitt X Barbara Delgleize Erik Peterson James M. Ferryman X Bob Ooten X Phil Hawkins X Brooke Jones Steven Jones X Kris Beard Peter Kim Gerard Goedhart Al Krippner X Charlie Nguyen Richard Murphy X Warren Kusumoto Steve Nagel X Cheryl Brothers Glenn Parker Cecilia Hupp Scott Peotter Kevin Muldoon Tim Shaw X Michael Blazey X David Shawver Carol Warren Fred Smith Virginia Vaughn Teresa Smith Mark Murphy Michelle Steel Shawn Nelson Sal Tinajero David Benavides Donald Wagner Lynn Schott Chad Wanke Ward Smith John Withers Douglas Reinhart Mariellen Yarc Stacy Berry STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of Finance & Administrative Services; Celia Chandler, Director of Human Resources; Jim Colston, Director of Environmental Services; Ed Torres, Director of Operations & Maintenance; Jennifer Cabral; Al Garcia; Mark Manzo; Kelly Newell and Gerry Matthews. OTHERS PRESENT: Brad Hogin (General Counsel) 0 3/1 512 01 7 Minutes of Board Meeting Page 2 of 3 PUBLIC COMMENTS: None. Board Member Orientation began with the following PowerPoint presentations and presenters. WELCOME & BOARD MEMBER ROLES Greg Seboum, Board Chairman AND RESPONSIBILITIES (City of Fullerton) OCSD HISTORY AND FUTURE Jim Herberg, General Manager& Bob Ghirelli, Asst. General Manager BOARD SERVICES OVERVIEW Kelly Lore, Clerk of the Board BROWN ACT, CONFLICT OF INTEREST Brad Hogin, General Counsel AND RULES OF ORDER OCSD FINANCES Lorenzo Tyner, Director of Finance & Administrative Services WORKFORCE PLANNING Celia Chandler, Director of Human Resources OCSD PLANT NO. 1 TOUR Ed Torres, Director of Operations & Maintenance; Rob Thompson, Director of Engineering; and Jim Colston, Director of Environmental Services ADJOURNMENT: At 5:11 p.m. the Board Orientation concluded. The next Regular Board Meeting will be held on March 22, 2017 at 6:00 p.m. Submitted by: Kelly A. Lore, CIVIC Clerk of the Board 03/15/2017 Minutes of Board Meeting Page 3 of 3 Orange County Sanitation District MINUTES BOARD MEETING March 22, 2017 ANITAT� 9 U N 2 ,y t o � l�NG THE ENV�Q, Administration Building 10844 Ellis Avenue Fountain Valley, California 92708-7018 031=017 Minutes of Board Meeting Page 1 of 10 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was called to order by Vice-Chair David Shawver on March 22, 2017, at 6:08 p.m., in the Administration Building. Director Fred Smith delivered the invocation and led the Pledge of Allegiance. 1. RECEIVE AND FILE MINUTE EXCERPTS OF MEMBER AGENCIES RELATING TO APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS (Clerk of the Board) Received and filed Minute Excerpts of member agencies relating to appointments to the Orange County Sanitation District Board, as follows: CITY/AGENCY DIRECTOR ALTERNATE DIR. OC Board of Supervisors Michelle Steel Shawn Nelson The Clerk of the Board declared a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS A Gregory Sebourn, Chair Doug Chaffee X Denise Barnes Lucille Kring X Allan Bernstein Chuck Puckett X Robert Collacott Diana Fasoenelli X Ellery Deaton Sandra Massa-Lavitt X Barbara Delgleize Erik Peterson X James M. Ferryman Bob Ooten X Phil Hawkins Brooke Jones X Steven Jones Kris Beard X Peter Kim Gerard Goedhart X Al Kdppner Charlie Nguyen X Richard Murphy Warren Kusumoto A Steve Nagel Cheryl Brothers A Glenn Parker Cecilia Hupp X Scott Peotter Kevin Muldoon X Tim Shaw Michael Blazey X David Shawver Carol Warren X Fred Smith Virginia Vaughn X Teresa Smith Mark Murphy X Michelle Steel Shawn Nelson A Sal Tinajero David Benavides X Donald Wagner Lynn Schott X Chad Wanke Ward Smith X John Withers Douglas Reinhart X I Mariellen Yarc Stacy Berry 03/22/2017 Minutes of Board Meeting Page 2 of 10 STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Bob Ghirelli, Assistant General Manager, Celia Chandler, Director of Human Resources; Jim Colston, Director of Environmental Services; Ed Torres, Director of Operations and Maintenance; Rob Thompson, Director of Engineering; Lorenzo Tyner, Director of Finance & Administrative Services; Miriam Angold; Jennifer Cabral; Carla Dillon; Mike Dorman; Dean Fisher; Al Garcia; Tina Knapp; Annie Larkins; Mark Manzo; Kathy Millea; and Jeff Mohr. OTHERS PRESENT: Brad Hogin (General Counsel); Alternate Director Bob Ooten (CMSD); Deborah Diep, Center for Demographic Research; and Patrick Shields, IRWD. PUBLIC COMMENTS: None. Clerk of the Board Kelly Lore, provided Late Communication to the Board of Directors regarding Item No.13 & Closed Session Item No. 5. SPECIAL PRESENTATIONS: • Employee Service Awards: Director of Operations and Maintenance Ed Torres presented a service award to Selwyn Mansell, Operations Supervisor— Division 840 (30 years) REPORTS: Vice-Chair Shawver complimented staff and the Directors for the successful Board Orientations recently held on February 151h and March 151h. A survey was distributed to the Directors for comments and input to better prepare for future Orientations. Vice-Chair Shawver announced that thanks to AB 2022, the bottling of GWRS water has been completed and is now being used for educational purposes. One bottle was distributed to each Director tonight and was also distributed at the WateReuse Conference in San Diego and to the OCSD staff on March 20th. He also announced that on April 18th OCSD and OCWD will be co-hosting a reception in Sacramento. General Manager, Jim Herberg did not provide a report. CONSENT CALENDAR: 2. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Approve the minutes of the Special Board of Directors Meeting held on February 15, 2017 and the Regular Board of Directors Meeting held on February 22, 2017. 03/22/2017 Minutes of Board Meeting Page 3 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver, F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Seboum; and Tinajero 3. 2017 CONFLICT OF INTEREST CODE (Clerk of the Board) MOVED, SECONDED, AND DULY CARRIED TO: Adopt Resolution No. OCSD 17-03 entitled, "A Resolution of the Board of Directors of Orange County Sanitation District adopting a Conflict of Interest Code which supersedes all prior Conflict of Interest Codes and amendments previously adopted." AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver, F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; and Tinajero RECEIVE AND FILE: These items require no action;and without objection, will be so ordered by the Board Chair. 4. COMMITTEE MINUTES (Clerk of the Board) Received and filed the approved minutes of the following committees: A. Steering Committee Meeting of January 25, 2017 B. Operations Committee Meeting of February 1, 2017 C. Legislative and Public Affairs Committee Meeting of February 6, 2017 D. Administration Committee Meeting of February 6, 2017 E. Audit Ad Hoc Committee Meeting of March 10, 2017 5. REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF FEBRUARY 2017 (Lorenzo Tyner) Received and filed the report of the Investment Transactions for the month of February 2017. 03/22/2017 Minutes of Board Meeting Page 4 of 10 OPERATIONS COMMITTEE: 6. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the Capital Improvement Project Contract Performance Report for the period ending December 31, 2016. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanks; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Seboum; and Tinajero 7. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: A. Approve Cooperative Agreement between the Orange County Sanitation District and the City of Anaheim for water supply pipe replacement on State College Boulevard along portions of the Newhope-Placentia Trunk Replacement, Segment B, Contract No. 2-72B, for an estimated amount of $1,300,000 to be reimbursed by the City of Anaheim; B. Approve a budget increase of$1,300,000 for the Newhope-Placentia Trunk Replacement, Project No. 2-72 for a total budget amount of $101,375,000; and C. Approve a contingency increase of $220,000 (3%) to the Professional Design Services Agreement with Lee & Ro, Inc. for the Newhope-Placentia Trunk Replacement, Project No. 2-72, for a for a total contingency of $1,066,823 (13%). AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver, F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; and Tinajero 8. SLUDGE DIGESTER REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-100 (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a contingency increase of $1,005,000 (3%) to the construction contract with J.R. Filanc 03/22/2017 Minutes of Board Meeting Page 5 of 10 Construction Company, Inc. for Sludge Digester Rehabilitation at Plant No. 1, Project No. P1-100, fora total contingency of$10,217,500 (30.5%). AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver, F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; and Tinajero Item No. 9 pulled and heard separately. 9. DOIG DRIVE BUILDING DISPOSAL (Rob Thompson) At the request of Director Peotter an alternate recommendation was provided for this item to be referred to the Administration Committee. MOVED, SECONDED, AND DULY CARRIED TO: Direct staff to dispose of Orange County Sanitation District property at 7311 Doig Drive through sale or exchange and return to the Administration Committee in a future closed session to receive price and terms direction. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; and Tinajero ADMINISTRATION COMMITTEE: None. STEERING COMMITTEE: Vice-Chair Shawver noted that the item required approval as revised by the supplemental agenda. 10. 2017-20 SPONSORSHIP OF THE CENTER FOR DEMOGRAPHIC RESEARCH (Rob Thompson) MOVED, SECONDED, AND DULY CARRIED TO: Approve a three-year Memorandum of Understanding with California State University, Fullerton Auxiliary Services Corporation for Operation of the Center for Demographic Research, for the period July 1, 2017 through June 30, 2020, for a total amount not to exceed $282,005.26. 03/22/2017 Minutes of Board Meeting Page 6 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanks; Withers; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker; Seboum; and Tinajero Director Withers introduced Deborah Diep, Director of the Center for Demographic Research, and stated his appreciation for the informative report she provided to the Steering Committee this evening. Vice-Chair Shawver also thanked Ms. Diep for the clarification of the budget and services received for our agency's contribution. Director Withers departed the meeting at 6:30 p.m. NON-CONSENT ITEMS: 11. INTERIM FOOD WASTE RECEIVING FACILITY RESOLUTIONS SUPPORTING GRANT APPLICATIONS, PROJECT NO. P2-124 (Rob Thompson) Director of Engineering, Rob Thompson provided a brief introduction of the project. At the request of Director Peotter, Mr. Thompson clarified that this item will be brought back to the Board of Directors prior to acceptance of the grant. MOVED. SECONDED, AND DULY CARRIED TO: A. Adopt Resolution No. OCSD 17-04 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing submittal of application for CalRecycle Organics Program Grant"; and B. Adopt Resolution No. OCSD 17-05 entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Authorizing submittal of application by Waste Management, Inc. on behalf of the Orange County Sanitation District for the Fourth Cycle Regional Recycling and Waste Reduction Grant for the Orange County Food to Families— Food to Energy Organics Diversion Program Grant." AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith;T. Smith; Steel;Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; Tinajero; and Withers 03/22/2017 Minutes of Board Meeting Page 7 of 10 12. REHABILITATION OF WESTERN REGIONAL SEWERS, PROJECT NO. 3-64 (Rob Thompson) Mr. Thompson provided a brief introduction of the project. MOVED. SECONDED, AND DULY CARRIED TO: A. Consider, receive, and file the Final Environmental Impact Report for the Rehabilitation of Western Regional Sewers, Project No. 3-64, dated March 22, 2017; and B. Adopt Resolution No. OCSD 17-06, entitled: "A Resolution of the Board of Directors of the Orange County Sanitation District Certifying the Environmental Impact Report for the Rehabilitation of the Western Regional Sewers, Project No. 3-64; Adopting the Corresponding Statement of Overriding Considerations and the Mitigation Monitoring Program; and Approving the Western Regional Sewers, Project No. 3-64. AYES: Barnes; Bernstein; Collacott; Deaton; Delgleize; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith;T. Smith; Steel;Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Nagel; Parker, Seboum; Tinajero; and Withers Director Delgleize departed the meeting at 6:41 p.m. 13. CARBON CANYON CLAY PIPE REPAIRS, PROJECT NO. FE16-08 (Rob Thompson) Mr. Thompson provide a short PowerPoint presentation of the deterioration and collapse of the defective pipes described in the project. A late communication was distributed to the Directors regarding updated bidding information which was communicated as an alternative staff recommendation. Mr. Thompson responded to questions regarding the one-year warranty; structural slip-lining; 50-year life expectancy of clay piping and possible sources of odor complaints. MOVED. SECONDED, AND DULY CARRIED TO: A. Authorize the General Manager to receive and review bids, and award a construction contract to the lowest responsive, responsible bidder for an amount not to exceed $432,000 for the Carbon Canyon Clay Pipe Repairs, Project No. FE16-08; and B. Authorize a construction contingency of $150,000 for the Carbon Canyon Clay Pipe Repairs, Project No. FE16-08. 03/22/2017 Minutes of Board Meeting Page 8 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; Krippner; R. Murphy; Peotter; Shaw; Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Delgleize; Nagel; Parker; Sebourn; Tinajero; and Withers AB 1234 REPORTS: Director Ferryman announced that Kevin Hardy had been hired as the new General Manager of NWRI and thanked Assistant General Manager Bob Ghirelli for his assistance during the recruitment. He then announced upcoming meetings dates of SARFC and OCCOG; and announced that Serge Dedina, Mayor of Imperial Beach, was elected as the new President of the Border Patrol and Escondido council member Ed Gallo was elected as Vice-President. Director Shaw departed the meeting at 6:43 p.m. Director Krippner departed the meeting at 6:45 p.m. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) and 54956(d)(2): The Board convened in closed session at 6:45 p.m. to discuss three items. Confidential minutes of the Closed Session 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 6:50 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin stated that the Board of Directors unanimously approved the following: MOVED. SECONDED, AND DULY CARRIED TO: (CS-1) Agree with Klean Waters to toll the appeal deadline relating to the second group of administrative penalties. 03/22/2017 Minutes of Board Meeting Page 9 of 10 AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter, Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Delgleize; Krippner, Nagel; Parker; Seboum; Shaw; Tinajero; and Withers MOVED, SECONDED, AND DULY CARRIED TO: (CS-5) Deny all pediatric dental claims received to date and any future pediatric claims received. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter, Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Delgleize; Krippner, Nagel; Parker; Seboum; Shaw; Tinajero; and Withers MOVED, SECONDED, AND DULY CARRIED TO: (CS-6) Deny claim from Mike Bubalo Construction. AYES: Barnes; Bernstein; Collacott; Deaton; Ferryman; Hawkins; Jones; Kim; R. Murphy; Peotter, Shawver; F. Smith; T. Smith; Steel; Wagner; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Delgleize; Krippner; Nagel; Parker; Seboum; Shaw; Tinajero; and Withers OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: None. ADJOURNMENT: At 6:56 p.m. Vice-Chair Shawver adjourned the meeting until the Regular Meeting of the Board of Directors on April 26, 2017 at 6:00 p.m. Submitted by: Kelly A. Lore Clerk of the Board 03/22/2017 Minutes of Board Meeting Page 10 of 10 BOARD OF DIRECTORS Meeting Date TOBE.Of Dir. -- 04/26/17 AGENDA REPORT ItemNumber IemNumber z Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: SEWER RELOCATION AGREEMENT WITH BIG CANYON COUNTRY CLUB GENERAL MANAGER'S RECOMMENDATION Approve a Sewer Relocation Agreement with the Big Canyon Country Club for the relocation of a portion of the Orange County Sanitation District Big Canyon Trunk Sewer within the Big Canyon Country Club Golf Course in the City of Newport Beach. BACKGROUND The Orange County Sanitation District(Sanitation District)owns, operates, and maintains a trunk sewer that is routed, in part, through the Big Canyon Golf Course. This sewer conveys wastewater from the City of Newport Beach, to the Sanitation District's West Coast Highway Trunk Sewer, and eventually to the Plant 2 Treatment Facility in Huntington Beach. The Big Canyon Trunk Sewer was placed into service in 1968. The upstream portion of this sewer, located in Big Canyon Country Club, was previously reconstructed and realigned in 2005 due to its age, depth, and difficult access for maintenance purposes. RELEVANT STANDARDS • Maintain collaborative and cooperative relationships with regulators/stakeholders • Protection of Orange County Sanitation District assets • Operate and maintain facilities to minimize impacts on surrounding communities PROBLEM The Big Canyon Country Club plans to expand its maintenance facility and construct a larger maintenance building. The new building will be directly overthe Sanitation District's trunk sewer and easement, making the Sanitation District's facilities inaccessible. PROPOSED SOLUTION The Big Canyon Country Club will design and construct a new sewer per Sanitation District standards, relocating it away from the new maintenance building. Page 1 of 2 Big Canyon Country Club will complete abandonment of the existing sewer and grant a new easement to correspond with the new sewer location, at no cost to the Sanitation District. The Sanitation District will then quitclaim the existing sewer easement once the new sewer is constructed and the new easement is recorded. TIMING CONCERNS Big Canyon Country Club desires to move ahead with its improvement project commencing June 2017. RAMIFICATIONS OF NOT TAKING ACTION Delay in Big Canyon Country Club's improvement project. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A CEQA The City of Newport Beach is the lead agency and has determined this project is exempt under Section 15332 under class 32 of the CEQA Guidelines, California Code of regulations Title 14, Chapter 3. FINANCIAL CONSIDERATIONS Big Canyon Country Club is responsible for payment of Sanitation District's standard plan check and inspection fees and all costs to relocate the sewer. 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: • Sewer Relocation Agreement • Draft Amendment to Easement— Exhibit"A" of Agreement (to be executed only after completion and connection of new sewer construction) • Draft Legal Descriptions for new Easement and Quitclaim AC:sa:gc Page 2 of 2 SEWER RELOCATION AGREEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND BIG CANYON COUNTRY CLUB OCSD Project No. 5-62-1 THIS SEWER RELOCATION AGREEMENT("Agreement')is made and entered into as of day of , 2017, by and between ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District("District') and BIG CANYON COUNTRY CLUB, a California Non-Profit Corporation ("BCCC"). District and BCCC are sometimes hereinafter individually referred to as "Party"and collectively referred to as `Parties" RECITALS WHEREAS, District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Sections 4700 et seq., providing for the ownership, operation and maintenance of wastewater collection, treatment and disposal facilities within Orange County, California; and WHEREAS, BCCC is a non-profit corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted; and WHEREAS,District owns,operates and maintains a 15-inch vitrified clay pipe trunk sewer and related appurtenances (the "Sewer') beneath property owned by BCCC (the `BCCC Property"); and WHEREAS, District is the grantee of an easement for the Sewer that was recorded as Instrument No. BK 9137 PG 952 in the Official Records of Orange County, CA ("Official Records")on October 22, 1969 (the "Original Easement'); and WHEREAS, on May 15, 2007, BCCC granted District an easement for relocation of another nearby portion of the same Sewer, which easement was recorded as Instrument No. 2007000315429 in the Official Records (the"New Easement'); and WHEREAS, on June 13, 2007, District quitclaimed a portion of the Original Easement to BCCC pursuant to a Quitclaim Deed recorded as Instrument No. 2007000376652 in the Official Records(the`Partial Quitclaim"); and WHEREAS, the Sewer is presently located within the area described in the Original Easement and New Easement,excluding the portion contained in the Partial Quitclaim,which area is referred to herein as the "Existing Easement;" and WHEREAS, BCCC is planning to reconstruct its golf course maintenance facility (the "Maintenance Facility") within the BCCC Property and in order to carry out such construction as 1 1230349.2 presently designed, an additional portion of the Sewer, identified by the District as BAY 0010- 0755 to BAY 0010-0375 only,will need to be relocated (the "Relocated Reach"); and WHEREAS,District is willing to have the Sewer relocated provided that BCCC constructs a replacement line for the Relocated Reach (the "New Reach") to the District's design and construction requirements and standards and the District receives a 25 foot wide easement in the area in which the New Reach is located upon completion of the New Reach; and WHEREAS, District is further willing to quitclaim that portion of the easement for the Relocated Reach at such time as the New Reach is completed and connected and an easement is granted for the area of the New Reach; and WHEREAS, BCCC has agreed to be responsible for the design and construction of the New Reach and the abandonment in place and/or removal of the Relocated Reach, subject to the design and construction standards, approval, and inspection process of the District as hereinafter set forth; and WHEREAS, BCCC has agreed to reimburse the District for all costs associated with the review and approval by the District of the design and construction of the New Reach in accordance with the District's standard plan check and construction inspection fees. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein,the Parties agree as follows: SECTION 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. SECTION 2. ELEMENTS OF AGREEMENT BCCC and District shall work cooperatively together so the New Reach may be constructed as efficiently as possible and in compliance with the District's design and construction requirements and standards for sanitary sewers. The specific terms and conditions governing the elements of this Agreement are set forth below. SECTION 3. SPECIFIC OBLIGATIONS OF BCCC A. BCCC shall enter into, administer contracts, and assume full responsibility for the design and construction services necessary to design and construct the New Reach. B. BCCC shall sign and deliver to District an Amendment to the Existing Easement in order to include a 25 foot wide easement over and through the New Reach for sanitary sewer use, 2 1230349.2 operation, inspection, maintenance, repair, and replacement purposes (the "Amendment"). The Amendment shall also delete the Relocated Reach from the Existing Easement. The Amendment is attached to this Agreement as Exhibit"A"and is incorporated herein by reference. C. BCCC shall submit the New Reach design and construction documents to the District for review and approval by the District's Director of Engineering. The drawings and specifications shall meet District's design standards and technical requirements. District shall complete its review of such drawings and specifications within sixty(60) days of receipt thereof and shall not unreasonably withhold its approval of the design and construction documents. D. BCCC shall be responsible for procuring all necessary approvals for construction of the Maintenance Facility from the City of Newport Beach (the "City"), as well as other approvals for the New Reach required by the City or other reviewing agency, if any. E. Construction of the New Reach shall be subject to the inspection requirements of District and BCCC shall implement field changes should such inspections reveal any changes are necessary in the reasonable opinion of District in order to bring the New Reach to the standards of District. F. BCCC shall abandon in place in accordance with the requirements of District, and/or remove the Relocated Reach once it is decommissioned. G. BCCC shall require its contractor (the "Contractor") to deliver to BCCC a one (1) year warranty on the New Reach, including the point of connection from the Relocation Reach to the New Reach from the Contractor. Such warranty shall be assigned to District upon the completion of the New Reach and recordation of the Amendment by BCCC. Such warranty shall read substantially as follows: "Contractor warrants for a period of one (1) yew from the date of final acceptance of the work by District that Contractor shall repair or remove and replace any work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials without any expense to District or its assigns, ordinary wear and tear excepted. If Contractor fails to comply with this warranty within one (1) week after being notified in writing, District or its assigns are authorized to proceed to have the defects remedied at Contractor's expense. Contractor shall pay the cost and charges thereof immediately on demand. If, in the opinion of District or its assigns, defective work detected during the warranty period creates a dangerous condition or requires immediate correction or modification to prevent further loss to District or its assigns or to prevent interruption of District's or its assigns' operations, District or its assigns shall be authorized to repair the condition without prior notice to the Contractor and Contractor shall pay the cost and charges thereof to District immediately upon demand. Contractor's obligations under this section are in addition to Contractor's other express or implied assurances under its agreement with BCCC and State law and in no way diminishes any other rights that District or its assigns may have against Contractor for faulty materials, equipment, or work. Contractor agrees that this warranty 3 1230349.2 shall be freely assignable to Orange County Sanitation District without any further notice to or consent from Contractor." H. BCCC shall assign the warranty referred to in Section 2G above to District without recourse within ten(10) days after the issuance of the warranty by Contractor. I. BCCC shall furnish and deliver to District all record drawings of the New Reach as requested by District at no cost to District. SECTION 4. SPECIFIC OBLIGATIONS OF DISTRICT A. District shall plan check designs for the New Reach and related work in accordance with its established procedures. B. District shall inspect construction of the New Reach as it deems necessary to ensure compliance with the approved drawings and specifications for the New Reach. District shall promptly notify BCCC and Contractor if any portion of the work appears not to conform to the approved construction documents or District standards and shall work with Contractor to ensure construction of the New Reach is brought into compliance with District requirements. C. Once completed, District shall formally accept the New Reach as soon as practicable in accordance with its process for accepting facilities constructed by others, and thereafter maintain and repair the New Reach as more particularly described in the Existing Easement. D. District shall promptly sign and record the Amendment after completion and acceptance of the New Reach. SECTION 5. INSURANCE BCCC shall require Contractor to maintain insurance of the type and in the amounts set forth below during all times Contractor or its employees, agents and subcontractors are on the BCCC Property. BCCC shall require that insurers be authorized to transact business in the State of California and that insurers have an "A-", or better,Policyholder's Rating, and a Financial Rating of at least Class VII, or better, in accordance with the most current A.M. Best Rating Guide. BCCC shall require Contractor to deliver to District a certificate of insurance evidencing the coverage required hereby. Said policies and endorsements shall conform to the requirements herein stated. BCCC shall require that general liability and automobile liability policies be endorsed to name District as additional insured. BCCC shall require that the insurance policy required herein be endorsed to state that coverage shall not be cancelled,except after thirty(30) calendar days' written notice to District. BCCC shall require Contractor to carry coverage in at least the following amounts: 4 1230349.2 A. General Liability. $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. Such Workers' Compensation Insurance shall be endorsed to provide for a waiver of subrogation against District. SECTION 6. TERM This Agreement shall remain in full force and effect for a year after District accepts the New Reach, unless and until sooner terminated in writing by both Parties. SECTION 7. 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; o r(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 10844 Ellis Ave Fountain Valley,CA 92708-8127 Attention: James D. Herberg,General Manager To BCCC: Big Canyon Country Club One Big Canyon Drive Newport Beach,CA 92660 Attention: David Voorhees,General Manager 5 1230349.2 SECTION 8. JURISDICTION In the event of a dispute regarding performance or interpretation of this Agreement,the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. SECTION 9. NO THIRD PARTY BENEFICIARIES This Agreement is entered into by and for District and BCCC, and nothing herein is intended to establish rights or interests in individuals or entities not a party hereto. SECTION 10. FORCE MAJEURE Except for the payment of money, neither 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,Act of God,strike or labor dispute,war or other violence, acts of third-parties, or any law, order, or requirement of any governmental agency or authority. SECTION 11. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County,California. SECTION 12. 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 matterhereof. SECTION 13. 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. SECTION 14. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both District and BCCC. SECTION 15. 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. 6 1230349.2 SECTION 16. AGREEMENT EXECUTION AND AUTHORIZATION Each of the undersigned represents and warrants that they we 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. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 7 1230349.2 BCCC: Big Canyon Country Club, A California Non-Profit Corporation By: Charles H. Fedalen,Jr.,President By: David Voorhees,Assistant Secretary DISTRICT: Orange County Sanitation District, A County Sanitation District By: Gregory C. Seboum,PLS Board Chair By: Kelly A. Lore,Clerk of the Board APPROVED TO FORM: Bradley R. Hogin General Counsel Orange County Sanitation District 8 1230349.2 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: This document is exempt from fees (Government Code Section 27383) ) Clerk of the Board ) Orange County Sanitation District ) 10844 Ellis Avenue ) Fountain Valley, CA 92708 ) Space Above for Recorder's Use A.P.NO.442-032-70&442-032-58&442-030-00&442-032-60 OCSD Project# AMENDMENT TO EASEMENT BETWEEN ORANGE COUNTY SANITATION DISTRICT AND BIG CANYON COUNTRY CLUB This Amendment to Easement("Amendment')is made and entered into as of the day of , 2017, by and between ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District ("District') and BIG CANYON COUNTRY CLUB, a California Non-Profit Corporation ("BCCC"). District and BCCC are sometimes hereinafter individually referred to as`Party' and collectively referred to as "Parties." RECITALS WHEREAS, District is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code Sections 4700 et seq., providing for the ownership, operation and maintenance of wastewater collection, treatment and disposal facilities within Orange County, California; and WHEREAS, BCCC is a non-profit corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted; and WHEREAS,District owns,operates and maintains a 15-inch vitrified clay pipe trunk sewer and related appurtenances (the "Sewer") beneath property owned by BCCC (the `BCCC Property"); and WHEREAS, District is the grantee of an easement for the Sewer that was recorded as Instrument No. BK 9137 PG 952 in the Official Records of Orange County, CA ("Official Records")on October 22, 1969 (the "Original Easement'); and WHEREAS, on May 15, 2007, BCCC granted District an easement for relocation of another nearby portion of the same Sewer, which easement was recorded as Instrument No. 2007000315429 in the Official Records (the"New Easement"); and 1 1187538.1 WHEREAS,on June 13,2007,District quitclaimed the Original Easement in part to BCCC pursuant to a Quitclaim Deed recorded as Instrument No. 2007000376652 in the Official Records (the"Partial Quitclaim"); and WHEREAS, the Sewer is presently located within the area described in the Original Easement,after giving effect to the Partial Quitclaim and the New Easement,which area is referred to herein as the"Existing Easement;"and WHEREAS, pursuant to a Sewer Relocation Agreement between the Parties dated ,2017,the Parties have agreed that the Existing Easement is to be amended to facilitate the partial relocation of an additional portion of the Sewer from one area of the BCCC Property to another nearby area of the BCCC Property although a portion of the Sewer may be abandoned in place; and WHEREAS,the purpose of this Amendment is to memorialize the partial relocation of the Sewer by deleting from the legal description of the Existing Easement the portion of the BCCC Property that will no longer be encumbered by the Existing Easement and to add to the legal description of the Existing Easement the portion of the BCCC Property that will become encumbered by the Existing Easement. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein,the Parties agree as follows: SECTION 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 Amendment acknowledges and agrees that they are bound by the same. SECTION 2 AMENDMENT OF LEGAL DESCRIPTION OF EXISTING EASEMENT The Parties hereby agree that the legal description of the Existing Easement shall be amended as set forth in Exhibit A attached hereto and by this reference incorporated herein. SECTION 3 FULL FORCE AND EFFECT Except as amended by this Amendment, the Existing Easement shall remain in full force and effect. 2 1187538.1 SECTION 4. AGREEMENT EXECUTION AND AUTHORIZATION Each of the undersigned represents and warrants that they are duly authorized to execute and deliver this Amendment and that such execution is binding upon the entity on whose behalf they are executing this Amendment. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed as of the day and year first above written. BCCC: Big Canyon Country Club, A California Non-Profit Corporation By: Charles H. Fedalen,Jr.,President NL By: `David Voorhees,Assistant Secretary DISTRICT: I Orange County Sanitation District, A County Sanitation District ` By: Gregory C. Seboum, PLS Board Chair By: Kelly A. Lore,Clerk of the Board APPROVED TO FORM: Bradley R. Hogin General Counsel Orange County Sanitation District 3 1187538.1 BEING THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A:'. A STRIP OF LAND 25.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY TERMINUS OF THAT CERTAIN LINE DESCRIBED IN THE GRANT OF EASEMENT RECORDED MAY 15, 2007 AS INSTRUMENT NO. 2007000315429, OFFICIAL RECORDS, AS L23 BEING NORTH 38°15'23" WEST 309.59 FEET; THENCE NORTH 28°02'23" WEST 65.40 FEET; THENCE NORTH 83°32'58" WEST 155.16 FEET; THENCE SOUTH 69025'35" WEST 84.50 FEET TO A POINT ON THE CENTERLINE OF THE EXISTING EASEMENT DESCRIBED AS PARCEL 1 IN BOOK 9137, PAGE 952, OFFICIAL RECORDS, SAID POINT BEING THE EASTERLY TERMINATION OF A LINE DESCRIBED AS NORTH 62°40'44" WEST 85.27 FEET, SAID POINT ALSO BEING THE POINT OF TERMINATION. PARCEL "B": A STRIP OF LAND 15.00 FEET IN WIDTH FOR INGRESS AND EGRESS TO AND FROM ABOVE DESCRIBED PARCEL "A", THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF TRACT NO. 7788, FILED IN BOOK 301, PAGES 10 THROUGH 14 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY RECORDER, SAID POINT ALSO BEGIN ON THE EASTERLY LINE OF JAMBOREE ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE, NORTH 27'19'05" EAST 44.88 FEET TO THE TRUE POINT OF BEGINNING SAID POINT ALSO BEING THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING RADIUS OF 45.11 FEET; THENCE NORTHERLY ALONG SAID CURVE AN ARC DISTANCE OF 54.31 FEET THROUGH A CENTRAL ANGLE OF 68°59'11"; THENCE NORTH 48019'57' EAST 172.78 FEET TO A POINT ON THE CENTERLINE OF ABOVE DESCRIBED PARCEL "A", SAID POINT ALSO BEING THE POINT OF TERMINATION. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. LA 4�5 U. gSGP6 PREPARED BY ME OR UNDER MY DIRECTION, a /�� 7 No. 7914 A. WALDEN, PW� 7914 DES // �9rf Of OAV�Eo`�`��e A%&l ALDEN & EXHIBIT "A" SOC SSOCIATES LEGAL DESCRIPTION FOR ORANGE COUNTY SANITATION DISTRICT EASEMENT BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1 2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W,O,No. 1140-458-6X2 Daze 03-31-2017 (949)660-0110 FAX:660-0418 Engr.B.J.W. Chk'd.J.W. Sheet 1 of 1 O • MMc"0' g44 80 40 0 80 pv�p4QC' PARCEL "A" 25' OCSD EASEMENT SCALE IN FEET 1 inch =80 ft. h 66• L -- POINT OF `1?5.19 1\ BEGINNING PARCEL „A„ Cb/ .� i SO /�' PORTION OF PARCEL 1 1`L�pO BK 9137 PG 952, O.R. L LL1 ` TO BE QUITCLAIMED BY a �pQp / �.� �• SEPARATE DOCUMENT 1ory Q Y PARCEL "B" \� s 15' OCSD ACCESS EASEMENT PORT. BLK. 56 map OF BEGINNING IRVINE'S SUB 9\ PARCEL M.M. 1/88 �\ •S9 POINT OF COMMENCEMENT M RgCr NO PARCEL M• 3p . 7V10j88 25.00' EASEMENT IN FAVOR - 74 OF OCSD PER GRANT OF LINE TABLE EASEMENT RECORDED 05/15/07 LINE BEARING DISTANCE AS INST. NO. 2007-315429, O.R. L1 N 85°52'23" E 21.80' L2 N 28'02'23" W 65.40' L3 N 83'32'58" W 155.16' ORAL LAp�S L4 N 69°25'35' E 84.50' yS� .� pLLfp G L5 N 62°40'44" W 151.41' L7 N 27019'08" E 44.88' n > k a L8 N 48*19'5-/' E 172.78' No. 7914 �yG CURVE TABLE CURVE RE I RADIUS I LENGTH 9rf NFO``�� Cl 68-59-11" 45.11' S4.31' OF CAl �\ '41WLDEN WSOC & EXHIBIT "B" SSOCIATES SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR ORANGE COUNTY SANITATION DISTRICT EASEMENT BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1 2552 WHITE ROAD,SUITE -IRVINE,CA 92614-6236 W,O.No. 1140-458-6X2 Date 03-31-2017 (949)660-0110 FAX:660-0418 Engr.B.J.W. Chk'd.J.W. Sheet 1 of 1 BEING THOSE PORTIONS OF BLOCK 56 OF IRVINE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE 15 FOOT STRIP OF LAND DESCRIBED AS PARCEL 1 IN THE GRANT OF EASEMENT TO THE COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFORNIA, RECORDED NOVEMBER 14, 1969 IN BOOK 9137, PAGE 952 OF OFFICIAL RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL WITH AND 227.50 FEET EASTERLY OF THE EASTERLY LINE OF JAMBOREE ROAD AND LYING EASTERLY OF A LINE PARALLEL WITH AND 19.41 FEET EASTERLY OF SAID EASTERLY LINE OF JAMBOREE ROAD, TOGETHER WITH ALL OF PARCEL 2 OF SAID GRANT OF EASEMENT. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY ME OR UNDER MY DIRECTION. pNAI LANO ALLENy9oy�< A. WALDEN, P.L.S. 7914 DATE No. 7914 OF C p�\F�Q�\e �LDEN & EXHIBIT O S50CIATES LEGAL DESCRIPTION FOR QUITCLAIM OF ORANGE COUNTY SANITATION DISTRICT EASEMENT BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT CIVIL ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No. 5-62-1 2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W,O.No. 1 140-458-6X2 Date 03-31-2017 (949)660-0110 PAX:660-0418 Engr.B.J.W. ChWd.J.W. Sheet 1 of 1 10.0 So 0 100 SCALE IN FEET 1 inch =100 ft. Q� TRACT NO. 8444 M.M. 374/39-43 4 kf1V oAr Q EXISTING 15' EASEMENT o PORTION OF PARCEL 1, BK 9137 PG 952, O.R. S0, TO BE QUITCLAIMED HEREIN. .q7, n' PORT. BLK. 56 R . E 6 1/88 M.M. EXISTING 15' EASEMENT \ PARCEL 2, BK 9137, gip. O PG 952, O.R. TO BE 1• O QUITCLAIMED HEREIN. '.`' O \ PORTION OF PARCEL 1, BK 9137 PG 952, O.R. QUITCLAIMED PER DEED RECORDED 06/13/07 TRACT NO. 7788 INST. NO. 2007-376652, O.R. \ M.M. 301/10-14 V L LA LfN�9soGy< t'40\1� No. 7914 p rD �C.0 �l9ff pp OA��E�Q�\e' 0 EXHIBIT '� SOCIATES LDEN & ESC S SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR QUITCLAIM OF ORANGE COUNTY SANITATION DISTRICT EASEMENT BIG CANYON COUNTRY CLUB TRUNK SEWER REPLACEMENT CIVE.ENGINEERS-LAND SURVEYORS-PLANNERS OCSD PROJECT No.5-62-1 2552 WHITE ROAD,SUITE B•IRVINE,CA 92614-6236 W,O.No. 1140-458-6X2 Date 03-31-2017 (949)660-0110 FAX:660-0418 Engr.B.J.W. Chkd.J.W. Sheet 1 of 1 ITEM NO. 3 MINUTES OF THE STEERING COMMITTEE Orange County Sanitation District Wednesday, February 22, 2017 at 5:00 p.m. A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Chair Sebourn on Wednesday, February 22, 2017 at 5:05 p.m. in the Administration Building of the Orange County Sanitation District. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Greg Sebourn, Board Chair Jim Herberg, General Manager David Shawver, Member-At-Large Bob Ghirelli, Assistant General Manager Ellery Deaton, Board Vice-Chair Celia Chandler, Director of Human Tim Shaw, Member-At-Large Resources Donald Wagner, Member-At-Large Jim Colston, Director of Environmental Chad Wanks, Administration Committee Services Chair Rob Thompson, Director of Engineering John Withers, Operations Committee Ed Torres, Director of Operations & Chair Maintenance Lorenzo Tyner, Director of Finance & COMMITTEE MEMBERS ABSENT: Administrative Services None. Kelly Lore, Clerk of the Board Jennifer Cabral Michael Dorman At Garcia Rhea Guzman Tina Knapp Mark Manzo Gerry Matthews Kathy Millea Jeff Mohr Wendy Sevenandt OTHERS PRESENT: Kendra Carney, Assistant General Counsel PUBLIC COMMENTS: No public comments were provided. 02/22/2017 Steering CommMee Minutes Page 1 of 3 REPORTS: Chair Sebourn provided information regarding the upcoming Honor Walk Program and Celebration and stated that nominations are due March 14, 2017 and the ceremony will be held on May 24, 2017. General Manager Jim Herberg did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED. AND DULY CARRIED TO: Approve Minutes of the January 25, 2017 Regular Steering Committee Meeting. AYES: Sebourn; Shaw; Shawver, Wagner, Wanke; and Withers NOES: None ABSTENTIONS: Deaton ABSENT: None NON-CONSENT CALENDAR: None. INFORMATION ITEMS: 2. HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE REALIGNMENT PROGRAM, PROJECT NO. P1-128 (Rob Thompson) Director of Engineering Rob Thompson provided an informative PowerPoint Presentation on the Headquarters Complex and Property Acquisition Updates which included a background of current agreements with the City of Fountain Valley; Portfolio of current buildings including year built and life expectancy, Administrative Facilities Master Plan; proposed Administration and Laboratory building; proposed 1-405 Widening project; and Plant No. 1 extension plans. Assistant General Counsel Kendra Carney responded to a question of possible conflict of interest regarding OCSD Board members who also sit on the OCTA Board of Directors, stating that by statute, if the Board member has been appointed to both bodies, there is no conflict. 02222017 Steenng Cammipee Minutes Page 2&3 CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.8: The Committee convened in closed session at 5:26 p.m. to discuss one items. (Item No. 1 and 2 were not heard.) Confidential minutes of the Closed Session 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 5:47 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: Assistant General Counsel Kendra Carney did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. ADJOURNMENT: Chair Sebourn declared the meeting adjourned at 5:48 p.m. to the next Steering Committee meeting to be held on Wednesday, March 22, 2017 at 5:00 p.m. Submitted by: oul "&'4�- KeII A. re Cl K of a Board 02222017 Steenng C..,ftee Minutes Page 3 of 3 MINUTES OF THE OPERATIONS COMMITTEE Orange County Sanitation District Wednesday, March 1, 2017, 5:00 p.m. A regular meeting of the Operations Committee was called to order by Committee Chair Withers on Wednesday, March 1, 2017 at 5:03 p.m. in the Administration Building. Director Collacott led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: John Withers, Chair Jim Herberg, General Manager Ellery Deaton, Vice-Chair Bob Ghirelli, Assistant General Manager Allan Bernstein Celia Chandler, Director of Human Resources Robert Collacott Ron Coss, Environmental Laboratory & Ocean Phil Hawkins Monitoring Manager Kris Beard (Alternate) Rob Thompson, Director of Engineering Tim Shaw Ed Torres, Director of Operations and Maintenance Fred Smith Lorenzo Tyner, Director of Finance & Michelle Steel Administrative Services Mariellen Yarc Tina Knapp, Deputy Clerk of the Board David Shawver, Board Vice-Chair James Cabral Greg Seboum, Board Chair Jennifer Cabral Rhea de Guzman COMMITTEE MEMBERS ABSENT: Mike Dorman Denise Barnes Dean Fisher Richard Murphy Alfredo Garcia Mark Manzo Kathy Millea Jeff Mohr Nasrin Nasrollahi James Spears Mickey Whitney OTHERS PRESENT: Brad Hogin, General Counsel Dan Bunce, Brown & Caldwell Anni Larkins, Jacobs Bob Ooten,Alternate Director CMSD PUBLIC COMMENTS: None. 03MV2017 Operations Committee Minutes Page 1 of 5 REPORT OF COMMITTEE CHAIR: Committee Chair Withers did not provide a report. REPORT OF GENERAL MANAGER: General Manager Jim Herberg did not provide a report. Director Shaw arrived at 5:04 p.m. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED SECONDED, and DULY CARRIED TO: Approve Minutes of the February 1, 2017 Operations Committee Meeting. AYES: Beard (AHemate), Collacott, Deaton, Sebourn, Shaw, Shawver, F. Smith, Steel, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Barnes, Bernstein, Hawkins, and Murphy Consent Calendar Item No. 2 was pulled from consideration and, therefore, no action was taken. 2. SCRIPPS INSTITUTION OF OCEANOGRAPHY NEWPORT PIER AUTOMATED SHORE STATION SUPPORT(Jim Colston) RECOMMENDATION: Authorize a contract with the Scripps Institution of Oceanography (SIO) to install and maintain two water quality sensors on their existing Newport Pier Automated Shore Station. This project will enhance and compliment the Orange County Sanitation District's Ocean Acidification and Hypoxia (OAH) mooring sampling located offshore of the pier for the period of July 1, 2017 to June 30, 2018,with the option of two one-year renewals. First year cost is $55,000. Years two and three costs are $56,350 and $57,894, respectively. NON-CONSENT CALENDAR: 3. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT (Rob Thompson) Director of Engineering Rob Thompson introduced this Hem and reviewed the information contained in the report for the period ending December 31, 2016. The Committee requested that unless there was information in a future report that was outside of normal parameters that required consideration that this report be provided quarterly as a Consent Calendar Hem to the Operations Committee and Board of Directors. The Committee requested that this report for period ending 0310IM17 Operations Committee Minutes Page 2 of 5 December 31, 2016 also be provided as a presentation/information item to the Administration Committee. The Committee received and filed the Capital Improvement Project Contract Performance Report for the period ending December 31, 2016. 4. NEWHOPE-PLACENTIA TRUNK REPLACEMENT, PROJECT NO. 2-72 (Rob Thompson) Mr. Thompson reviewed this item and the recommended action. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: A. Approve Cooperative Agreement between the Orange County Sanitation District and the City of Anaheim for water supply pipe replacement on State College Boulevard along portions of the Newhope-Placentia Trunk Replacement, Segment B, Contract No. 2-72B, for an estimated amount of $1,300,000 to be reimbursed by the City of Anaheim; B. Approve a budget increase of$1,300,000 for the Newhope-Placentia Trunk Replacement, Project No. 2-72 for a total budget amount of$101,375,000; and C. Approve a contingency increase of $220,000 (3%) to the Professional Design Services Agreement with Lee & Ro, Inc. for the Newhope-Placentia Trunk Replacement, Project No. 2-72, for a for a total contingency of $1,066.823 (13%). AYES: Beard (Alternate), Collacott, Deaton, Sebourn, Shaw, Shawver, F. Smith, Steel, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Barnes, Bernstein, Hawkins, and Murphy 5. SLUDGE DIGESTER REHABILITATION AT PLANT NO. 1, PROJECT NO. P1- 100 (Rob Thompson) Mr. Thompson introduced Dean Fisher, Engineering Manager, who provided an informative PowerPoint presentation pertaining to this item. Mr. Fisher's presentation included an overview of the status of this project including digester rehabilitation, current digester roofing, and recommended action. Director Barnes arrived at 5:23 p.m. Director Bernstein arrived at 5:27 p.m. 0&012017 Operations Committee Minutes Page 3 of 5 MOVED, SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Approve a contingency increase of $1,005,000 (3%) to the construction contract with J.R. Filanc Construction Company, Inc. for Sludge Digester Rehabilitation at Plant No. 1, Project No. P1-100, for a total contingency of$10,217,500 (30.5%). AYES: Barnes, Beard (Alternate), Bernstein, Collacott, Deaton, Sebourn, Shaw, Shawver, F. Smith, Steel, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Hawkins and Murphy 6. DOIG DRIVE BUILDING DISPOSAL (Rob Thompson) Mr. Thompson reviewed this item and the recommended action. MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of Directors to: Direct staff to dispose of Orange County Sanitation District property at 7311 Doig Drive through sale or exchange and return to the Board of Directors in a future closed session to receive price and terms direction. AYES: Barnes, Beard (Alternate), Bernstein, Collacott, Deaton, Sebourn, Shaw, Shawver, F. Smith, Steel, Withers, and Yarc NOES: None ABSTENTIONS: None ABSENT: Hawkins and Murphy INFORMATION ITEMS: 7. ORANGE COUNTY SANITATION DISTRICT COLLECTIONS, OPERATIONS AND MAINTENANCE OF OCSD FACILITIES (Ed Torres) Director of Operations and Maintenance Ed Torres introduced James Cabral, Maintenance Supervisor, and Nasrin Nasrollahi, Engineer, who provided an informative PowerPoint presentation regarding operations and maintenance of OCSD facilities and the collection system. Mr. Cabral reviewed the OCSD service area, where local lines connect to OCSD lines, collections system asset replacement value, size of lines, chemical dosing locations, types of maintenance efforts, and provided an overview of cleaning methods. Ms. Nasrollahi presented information regarding waste resource recovery, steps in the treatment process, the methane gas recovery process, odor control, 2015-16 operating expenses, and future flows for the Groundwater Recovery System. Committee Chair Withers departed the meeting at 5.45 p.m. 03/01/2017 Operations Committee Minutes Page 4 of 5 DEPARTMENT HEAD REPORTS: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: None. ADJOURNMENT Committee Vice-Chair Deaton declared the meeting adjourned at 6:00 P.M. to the next scheduled meeting of Wednesday, April 5, 2017 at 5:00 p.m. Submitted by, Tina Knapp Deputy Clerk of the Board 03/01/2017 Operations Committee Minutes Page 5 of 5 MINUTES OF THE ADMINISTRATION COMMITTEE Orange County Sanitation District Wednesday, March 8, 2017 at 5:00 P.M. A regular meeting of the Administration Committee of the Orange County Sanitation District was called to order by Committee Chairman Wanke on March 8, 2017 at 5:02 p.m, in the Administration Building of the Orange County Sanitation District. Committee Vice-Chair Wagner led the Flag Salute. A quorum was declared present, as follows: COMMITTEE MEMBERS PRESENT: STAFF PRESENT: Chad Wanke, Chair Jim Herberg, General Manager Donald P. Wagner, Vice-Chair Bob Ghirelli, Assistant General Manager Jim Ferryman Celia Chandler, Director of Human Resources Peter Kim Jim Colston, Director of Environmental Services Al Krippner Rob Thompson, Director of Engineering Steve Nagel Ed Torres, Director of Operations & Maintenance Teresa Smith Lorenzo Tyner, Director of Finance & Scott Peotter Administrative Services Erik Peterson (Alternate) Tina Knapp, Deputy Clerk of the Board Greg Sebourn, Board Chair Mark Esquer David Shawver, Board Vice-Chair Al Garcia Randall Kleinman COMMITTEE MEMBERS ABSENT: Rebecca Long Glenn Parker Mark Manzo Sal Tinajero Kathy Millea Nasrin Nasrollahi James Spears Mike White Paula Zeller OTHERS PRESENT: Kendra Carney, Associate General Counsel Mike Simmons, Alliant Insurance Services Karen Worden, Alliant Insurance Services Robert Lowe, Alliant Insurance Services PUBLIC COMMENTS: None. REPORT OF COMMITTEE CHAIR: Committee Chairman Wanke did not provide a report. 03/0812017 Administration Committee Minutes Page 1 of 4 REPORT OF GENERAL MANAGER: General Manager Jim Herberg reminded the Committee that Honor Walk nominations are due next week, on March 1411, and that the second Board Orientation is being held on Wednesday, March 151h. REPORT OF DIRECTOR OF FINANCE AND ADMINISTRATIVE SERVICES: Director of Finance and Administrative Services Lorenzo Tyner did not provide a report. CONSENT CALENDAR: 1. APPROVAL OF MINUTES (Clerk of the Board) MOVED, SECONDED AND DULY CARRIED TO: Approve Minutes of the February 8, 2017 Administration Committee Meeting. AYES: Ferryman, Kim, Krippner, T. Smith, Peotter, Peterson (Alternate), Sebourn, Shawver, Wagner, and Wanks NOES: None ABSTENTIONS: Nagel ABSENT: Parker and Tinajero Consent Calendar Item No. 2 was pulled from consideration and, therefore, no action was taken. 2. PURCHASE OF RADIO COMMUNICATION EQUIPMENT AND SERVICES (Lorenzo Tyner) RECOMMENDATION: Authorize the purchase of equipment and services from ComSerCo, Inc. for Motorola radio systems, for a total amount not to exceed $161,000,00, to include all tax and freight in accordance with Ordinance No. OCSD-47, Section 2.03(B) Cooperative Purchases. NON-CONSENT: None. INFORMATION ITEMS: Committee Chairman Wanke requested Item No. 4 be heard at this time. 4. STATUS OF 2017-18 PROPERTY LIABILITY INSURANCE RENEWALS (Celia Chandler) Director of Human Resources Celia Chandler introduced this item. Ms. Chandler introduced Mike Simmons from Alliant Insurance Services, who provided an 03/08/2017 Adminletreh'on Committee Minutes Page 2 of 4 overview of the renewals of the OCSD major insurance policies for the upcoming year. Mr. Herberg indicated that this item will be considered for approval by the Board of Directors in the next couple of months. 3. FY 2017-18 ORANGE COUNTY SANITATION DISTRICT BUDGET UPDATE (Lorenzo Tyner) Mr. Tyner briefly introduced this item and Mike White, Controller, provided an informative PowerPoint presentation that included a review of the four major categories of revenues: fees & charges, general income, otherhnteragency, and debt proceeds. Mr. White also reviewed the reserve policy and criteria. 5. ORANGE COUNTY SANITATION DISTRICT COLLECTIONS, OPERATIONS AND MAINTENANCE OF OCSD FACILITIES (Ed Torres) Director of Operations and Maintenance Ed Torres introduced Mark Esquer, Engineering Manager, and Nasrin Nasrollahi, Engineer, who provided an informative PowerPoint presentation regarding operations and maintenance of OCSD facilities and the collection system. Mr. Esquer reviewed the OCSD service area and wastewater collection system, collections system asset replacement value, chemical dosing locations, and provided an overview of cleaning methods. Ms. Nasrollahi presented information regarding waste resource recovery, steps in the treatment process, the methane gas recovery process, odor control, 2015-16 operating expenses, and future flows for the Groundwater Recovery System (GWRS). Committee Vice-Chair Wagner departed the meeting at 6:05 p.m. 6. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT(Rob Thompson) Director of Engineering Rob Thompson introduced this item and reviewed the information contained in the report for the period ending December 31, 2016. Mr. Thompson indicated that this report will be provided to the Board of Directors on a quarterly basis. CLOSED SESSION: None. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY: None. OWOMD17 Administration Committee Minutes Page 3 of 4 ADJOURNMENT: Committee Chair Wanke declared the meeting adjourned at 6:12 p.m. to the next regularly scheduled meeting of Wednesday, April 12, 2017 at 5:00 p.m. Submitted by: �-�- Tina Knapp Deputy Clerk of the Board 0 310 8/2 01 7 AOministra8on Committee Minutes Page 4 of 4 BOARD OF DIRECTORS Meeting Date TOBE.Or Dir. -- 04/26/17 AGENDA REPORT ItemNumber IemNumber 4 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2O17 GENERAL MANAGER'S RECOMMENDATION Receive and file the report of the Investment Transactions for the month of March 2017. 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, 2017. RELEVANT STANDARDS • CA Government Code Section 53607 PRIOR COMMITTEE/BOARD ACTIONS N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENT The following aftachment(s)is included in hard copy and may also be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Report of the Investment Transactions for the month ended March 31, 2017 Page 1 of 1 C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest ,Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount GainfLoss ACQUISITIONS Purchase 03/01/2017 261908107 33,330.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 33,330.00 0.00 33,330.00 0.00 Purchase 03/01/2017 261908107 6,805.29 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 6,805.29 0.00 6,805.29 0.00 Purchase 03/01/2017 261908107 10,701.50 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 10,701.50 0.00 10,701.50 0.00 Purchase 03/02/2017 261908107 615.60 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 615.60 0.00 615.60 0.00 Purchase 03/02/2017 261908107 1,063.34 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,063.34 0.00 1,063.34 0.00 Purchase 03/02/2017 47787XA133 1,410,000.00 John Deere Owner Trust 2017-A A2 100.000 1.50% 1,409,994.36 0.00 1,409,994.36 0.00 1.5%Due 1 0/1 512 01 9 Purchase 03/03/2017 261908107 5,500.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 5,500.00 0.00 5,500.00 0.00 Purchase 03/03/2017 261908107 1,000,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,000,000.00 0.00 1,000,000.00 0.00 Purchase 03/05/2017 261908107 14,687.50 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 14,687.50 0.00 14,687.50 0.00 Purchase 03/06/2017 261908107 5,870,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 5,870,000.00 0.00 5,870,000.00 0.00 Purchase 03/06/2017 261908107 1,000,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,000,000.00 0.00 1,000,000.00 0.00 Purchase 03/07/2017 06538BU76 6,345,000.00 Bank of Tokyo Mitsubishi NV Discount CP 99.600 1.20% 6,319,627.05 0.00 6,319,627.05 0.00 1.18%Due 7/7/2017 Purchase 03/07/2017 06538BU76 1,705,000.00 Bank of Tokyo Mitsubishi NV Discount CP 99.600 1.20% 1,698,181.89 0.00 1,698,181.89 0.00 1 A 8%Due 7/7/2017 Purchase 03/07/2017 261908107 501,630.86 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 501,630.86 0.00 501,630.86 0.00 Purchase 03/07/2017 261908107 21,875.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 21,875.00 0.00 21,875.00 0.00 Purchase 0WOM017 261908107 56,250.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 56,250.00 0.00 56,250.00 0.00 Purchase OW09/2017 261908107 51,562.50 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 51,562.50 0.00 51,562.60 0.00 Purchase OW09/2017 261908107 8,724.17 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 8,724.17 0.00 8,724.17 0.00 Purchase 03/11/2017 261908107 24,380.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 24,380.00 0.00 24,380.00 0.00 Purchase 03/13/2017 261908107 4,102,209.68 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 4,102,209.68 0.00 4,102,209.68 0.00 Purchase 03/15/2017 261908107 73,341.80 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 73,341.80 0.00 73,341.80 0.00 Purchase 03/15/2017 261908107 31,625.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 31,625.00 0.00 31,625.00 0.00 Purchase 03/15Q017 261908107 2,000,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 2,000,000.00 0.00 2,000,000.00 0.00 Purchase 03/15Q017 261908107 3,657.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 3,657.00 0.00 3,657.00 0.00 Purchase 03/1SQ017 261908107 1,859.13 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,859.13 0.00 1,859.13 0.00 Purchase 03/15Q017 261908107 2,706.83 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 2,706.83 0.00 2,706.83 0.00 Purchase 03/15Q017 261908107 2,096.58 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 2,096.58 0.00 2,096.58 0.00 Purchase 03/15Q017 261908107 92,949.52 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 92,949.52 0.00 92,949.52 0.00 Purchase 03/15Q017 261908107 2,742.66 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 2,742.66 0.00 2,742.66 0.00 Chandler Asset Management-CONFIDENTIAL Pegs 11 Execution Time:VM017 8:58:16 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest ,Type Date CUSIP Q�antity Security Description Price Yield Amount PurlSold Total Amount GainfLoss ACQUISITIONS Purchase 03/15/2017 261908107 1,646.92 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,646.92 0.00 1,646.92 0.00 Purchase 03/15/2017 261908107 29.42 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 29.42 0.00 29.42 0.00 Purchase 03/15/2017 261908107 209,114.80 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 209,114.80 0.00 209,114.80 0.00 Purchase 03/1SQ017 261908107 163,751.25 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 153,751.25 0.00 153,751.25 0.00 Purchase 03/1SQ017 261908107 215,909.35 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 215,909.35 0.00 215,909.35 0.00 Purchase OW16/2017 261908107 57,500.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 57,500.00 0.00 57,500.00 0.00 Purchase OW16/2017 261908107 1,245.18 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,246.18 0.00 1,246.18 0.00 Purchase OW19/2017 261908107 101,500.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 101,500.00 0.00 101,500.00 0.00 Purchase OW20/2017 261908107 243.34 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 243.34 0.00 243.34 0.00 Purchase OW20/2017 261908107 291.90 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 291.90 0.00 291.90 0.00 Purchase OW20/2017 261908107 590.37 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 590.37 0.00 590.37 0.00 Purchase OW20/2017 261908107 75.31 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 75.31 0.00 75.31 0.00 Purchase OW20/2017 261908107 490.09 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 490.09 0.00 490.09 0.00 Purchase OW20/2017 261908107 83,750.53 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 83,750.53 0.00 83,750.53 0.00 Purchase OW20/2017 261908107 234,620.03 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 234,620.03 0.00 234,620.03 0.00 Purchase 03/23/2017 261908107 1,250,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,250,000.00 0.00 1,250,000.00 0.00 Purchase OW24/2017 261908107 6,000,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 6,000,000.00 0.00 6,000,000.00 0.00 Purchase OW27/2017 261908107 178.75 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 178.75 0.00 178.75 0.00 Purchase 03/27/2017 261908107 3,188.25 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 3,188.25 0.00 3,188.25 0.00 Purchase 03/27/2017 261908107 301.67 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 301.67 0.00 301.67 0.00 Purchase 03/27/2017 261908107 3,303.82 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 3,303.82 0.00 3,303.82 0.00 Purchase 03/27/2017 261908107 1,707.42 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,707.42 0.00 1,707.42 0.00 Purchase 03/27/2017 261908107 460.09 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 460.09 0.00 460.09 0.00 Purchase 03/27/2017 261908107 13,697.57 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 13,697.57 0.00 13,697.57 0.00 Purchase 03/27/2017 261908107 6,212.85 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 6,212.85 0.00 6,212.85 0.00 Purchase 03/27/2017 261908107 4,198.97 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 4,198.97 0.00 4,198.97 0.00 Purchase 03/27/2017 261908107 41.58 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 41.58 0.00 41.58 0.00 Purchase 03/27/2017 261908107 7,965.68 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 7,965.68 0.00 7,965.68 0.00 Purchase 03/27/2017 261908107 17,313.29 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 17,313.29 0.00 17,313.29 0.00 Purchase OW27/2017 261908107 1,069.97 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,069.97 0.00 1,069.97 0.00 Chandler Asset Management-CONFIDENTIAL Page 12 Execution Time:VM017 8:58:16 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest ,Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount GainfLoss ACQUISITIONS Purchase 03/27/2017 261908107 8,009.50 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 8,009.50 0.00 8,009.50 0.00 Purchase 03/27/2017 261908107 419.98 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 419.98 0.00 419.98 0.00 Purchase 03/28/2017 43814TA138 1,885,000.00 Honda Auto Receivables 2017-1 A2 99.998 1.43% 1,884,954.95 0.00 1,884,954.95 0.00 1.42%Due 7/22/2019 Purchase 03/28/2017 654747AB0 1,365,000.00 Nissan Auto Receivables 2017-A A2A 99.999 1.47% 1,364,993.04 0.00 1,364,993.04 0.00 1.47%Due 1/15/2020 Purchase OW29/2017 261908107 5,350,000.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 5,350,000.00 0.00 5,350,000.00 0.00 Purchase OW29/2017 261908107 6,729.36 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 6,729.36 0.00 6,729.36 0.00 Purchase OW30/2017 02665WAT8 1,000,000.00 American Honda Finance Note 100.114 1.38% 1,001,140.00 7D8.33 1,001,848.33 0.00 1.5%Due 3/13/2018 Purchase OW30/2017 313385GR1 9,000,000.00 FHLB Discount Note 99.848 0.78% 8,986,332.51 0.00 8,986,332.51 0.00 0.77%Due 6/9/2017 Purchase 03/31/2017 261908107 127,625.00 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 127,625.00 0.00 127,625.00 0.00 Purchase 03/31/2017 31371EADH9 2,000,000.00 FHLMC Note 100.044 0.82% 2,000,880.00 5,111.11 2,005,991.11 0.00 1%Due 6/29/2017 Purchase 03/31/2017 31398ADM1 2,000,000.00 FNMA Note 100.894 0.82% 2,017,880.00 32,548.61 2,050,428.61 0.00 5.375%Due 6112=17 Purchase 03/31/2017 68389XAN5 1,000,000.00 Oracle Cory Nate 99.987 1.22% 999,870.00 5,533.33 1,005,403.33 0.00 1.2%Due 1 0/1 512 01 7 Subtotal 56,493,06.20 56,467,350.00 43,901.38 56,511,251.38 0.00 Security 03/31/2017 912828WUO 59,696.00 US Treasury Inflation Index Note 100.000 59,696.00 15.46 59,711.46 0.00 Contribution 0.125%Due 7/15/2024 Subtotal 59,696.00 59,696.00 15.46 59,711.46 0.00 Short Sale 03/07/2017 261908107 -6,319,627.05 Dreyfus Trsy/Agcy Cash Management 521 1.000 -6,319,627.05 0.00 -6,319,627.05 0.00 Subtotal -6,319,627.05 4i,319,627.05 0.00 4i,319,627.05 0.00 TOTAL ACQUISITIONS 50,233,565.15 50,207,418.95 43,916.84 50,251,335.79 0.00 DISPOSITIONS Closing 03/07/2017 261908107 -6,319,627.05 Dreyfus Trsy/Agcy Cash Management 521 1.000 -6,319,627.05 0.00 -6,319,627.05 0.00 Purchase Subtotal -6,319,627.05 -6,319,627.05 0.00 .6,319,627.05 0.00 Sale 03/02/2017 261908107 1,409,994.36 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.42% 1,409,994.36 0.00 1409,994.36 0.00 Chandler Asset Management-CONFIDENTIAL Page 13 Execabon Time:VN2017 8:58:16 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest ,Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount GainfLoss DISPOSITIONS Sale 03/07/2017 261908107 1,698,181.89 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.40% 1,698,181.89 0.00 1,698,181.89 0.00 Sale 03/07/2017 261908107 6,319,627.05 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.42% 6,319,627.05 0.00 6,319,627.05 0.00 Sale 03/072017 912828SSO 500,000.00 US Treasury Note 100.019 0.74% 500,095.98 1,534.88 501,630.86 91.53 0.875%Due 4/302017 Sale 03/28/2017 261908107 3,249,947.99 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.43% 3,249,947.99 0.00 3,249,947.99 0.00 Sale 03/30/2017 261908107 1,001,848.33 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 1,001,848.33 0.00 1,001,848.33 0.00 Sale 03/30/2017 261908107 8,986,332.51 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 8,986,332.51 0.00 8,986,332.51 0.00 Sale 03/31/2017 261908107 5,061,823.05 Dreyfus Trsy/Agcy Cash Management 521 1.000 0.61 % 5,061,823.05 0.00 5,061,823.05 0.00 Subtotal 28,227,755.18 28,227,851.16 1,534.88 28,229,386.04 91.53 Paydown 03/01/2017 31396X305 6,792.90 FNMA FNR 2007-114 A61)ue 10/272037 100.000 6,792.90 12.39 6,805.29 0.00 Paydown 03/012017 83162CLJO 8,462.07 Small Business Administration 2001-20C 100.000 8,462.07 2,239.43 10,701.50 0.00 6.34%Due 3/1/2021 Paydown 03/092017 62888UAA8 8,382.09 NCUA Guaranteed Note CM02010-R2Due 100.000 8,382.09 342.08 8,724.17 0.00 11/6/2017 Paydown 03/152017 161571HHO 0.00 Chase CHAIT Pool#2016-A7 100.000 0.00 3,657.00 3,657.00 0.00 1.06%Due 9/16/2019 Paydown 03/152017 3133TCE95 1,543.20 FHLMC FSPC E3 A 100.000 1,543.20 103.72 1,646.92 0.00 2.892%Due 8/15/2032 Paydown 03/152017 31348SWZ3 23.92 FHLMC FH 786064 100.000 23.92 5.50 29.42 0.00 2.262%Due 1/1/2028 Paydown 03/152017 438140AC2 0.00 Honda Auto Receivables 2016-2 A3 100.000 0.00 2,096.58 2,096.58 0.00 1.39%Due 4/15/2020 Paydown 03/152017 477877AD6 207,643.24 John Deere Owner Trust 2014-B A3 100.000 207,643.24 1,471.56 209,114.80 0.00 1.07%Due 11/15/2018 Paydown 03/152017 47788MAC4 0.00 John Deere Owner Twat 2016-A A3 100.000 0.00 2,742.66 2,742.66 0.00 1.36%Due 4/1 512 0 2 0 Paydown 03/152017 47788NAB4 0.00 John Deere Owner Trust 2016-B A2 100.000 0.00 2,706.83 2,706.83 0.00 1.09%Due X1512019 Paydown 03/152017 65478WAB1 0.00 Nissan Auto Receivables Owner 2016-C 100.000 0.00 1,859.13 1,859.13 0.00 A2A 1.07%Due 5/15/2019 Paydown 03/15/2017 89231 MAC9 92,897.65 Toyota Auto Receivables Owner 2014-A 100.000 92,897.65 51.87 92,949.52 0.00 0.67%Due 12115/2017 Paydown 03/15/2017 89231TAB6 153,574.76 Toyota Auto Receivables Owner 2015-C 100.000 153,574.76 176.49 153,751.25 0.00 0.92%Due V1512018 Paydown 03/15/2017 89236WAC2 213,649.43 Toyota Auto Receivables Owner 2015-A 100,000 213,649.43 2,259.92 215,909.35 0.00 1.12%Due V1512019 Chandler Asset Management-CONFIDENTIAL Peg.14 Execution Time:VM017 8:W 16 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss DISPOSITIONS Paytlown 03/162017 3837H4NX9 1,213.27 GNMA P0o1#2000-9 100.000 1,213.27 31.91 1,245.18 0.00 9.5%Due 2/16/2030 Paytlown 03/20/2017 36225CAZ9 196.30 GNMA Poo1#G280023 100.000 196.30 47.04 243.34 0.00 2.816%Due 12/20/2026 Paytlown ON2012017 36225CC20 240.15 GNMA Pco1#G2 80088 100.000 240.15 51.75 291.90 0.00 2.817%Due 6/20/2027 Paytlown ON20/2017 36225CN28 444.34 GNMA Pool#G2 80408 100.000 449.34 146.03 590.37 0.00 2.691%Due 5/20/2030 Paytlown 03/20/2017 36225CNM4 57.12 GNMA Pco1#G280395 100.000 57.12 18.19 75.31 0.00 2.877%Due 4/202030 Paytlown ON202017 W225DCBS 340.33 GNMA Poo1#G280965 100.000 340.33 149.76 490.09 0.00 2.31%Due 7/20/2034 Paytlown ON202017 43814GAC4 83,520.56 Honda Auto Receivables 2014-2 A3 100.000 83,520.66 229.97 83,750.63 0.00 0.77%Due 3/19/2018 Paytlown 03/20/2017 43814NAB1 233,327.54 Honda Auto Receivables 2016.1 A2 100.000 233,327.54 1,292.49 234,620.03 0.00 1.01%Due 6/18/2018 Paytlown 03/272017 03215PFN4 0.00 AMRESCO Residential Seventies 1999-1 100.000 0.00 178.75 178.75 0.00 ADue 6/2512029 Paytlown 03/272017 31371NUC7 212.32 FNMA FN 257179 100.000 212.32 89.35 301.67 0.00 4.5%Due 4/1/2028 Paytlown 03/27/2017 31376KT22 2,607.15 FNMA FN 357969 100.000 2,607.15 696.67 3,303.82 0.00 5%Due 9/12035 Paytlown ON272017 31381 PDA3 759.09 FNMA FN 466397 100.000 759.09 948.33 1,707.42 0.00 3.4%Due 11/12020 Paytlown 03/272017 3138EG6F6 392.37 FNMA FN AL0869 100.000 392.37 67.72 460.09 0.00 4.5%Due 6/1/2029 Paytlown 0327/2017 313MJY35 8,482.64 FHLMC FSPC T-5B 2A 100.000 8,482.64 5,214.93 13,697.57 0.00 6.5%Due 925/2043 Paytlown 03/272017 31397ORED 5,821.41 FNMA FNR 2011-3 FA 100.000 5,821.41 391.44 6,212.85 0.00 0.832%Due 21252041 Paytlown 03/272017 31398VJ98 0.00 FHLMC FHMS K006 A2 100.000 0.00 3,188.25 3,188.25 0.00 4.251%Due 11252020 Paytlown 0327/2017 31403DJZ3 3,520.41 FNMA Pool#745580 100.000 3,520.41 678.56 4,198.97 0.00 5%Due 6/1/2036 Paytlown 03/272017 31403GXF4 20.74 FNMA Pool#FN 748678 100.000 20.74 20.84 41.58 0.00 5%Due 10/1/2033 Paytlown 03/272017 31406PQYB 6,815.23 FNMA Pool#FN 815971 100.000 6,816.23 1,150.45 7,965.68 0.00 5%Due 3/12035 Paytlown 03/27/2017 31406XW75 16,879.76 FNMA P.I#FN 823358 100.000 16,879.76 433.53 17,313.29 0.00 2.875%Due 2l1/2035 Chandler Asset Management-CONFIDENTIAL Page 15 Execution Time:VM017 8:SB:16 PM C." Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss DISPOSITIONS Paytlown 03/27/2017 31407BXH7 948.48 FNMA Pool#FN 826080 100.000 948.48 121.49 1,069.97 0.00 5%Due 7/t/2035 Paytlown 03/27/2017 3141OF4V4 6,672.59 FNMA Pool#FN 888336 100.000 6,672.59 1,336.91 8,009.50 0.00 5%Due 7/1/2036 Paytlown ON27/2017 31417YAY3 313.69 FNMA Pool#FN MA0022 100.000 313.69 106.29 419.98 0.00 4.5%Due 4/1/2029 Paytlown ON29/2017 31396X3Q5 6,723.94 FNMA FNR 2007-114 A6Due 10/27/2037 100.000 6,723.94 5.42 6,729.36 0.00 Subtotal 1,072,478.69 1,072,478.69 36,321.23 1,108,799.92 0.00 Maturity, 03/03/2017 17275RAT9 1,000,000.00 Cisco Systems Note 100.000 1,000,000.00 0.00 1,000,000.00 0.00 1.1%Due 3/3/2017 Maturity, 03/062017 06538BO63 5,870,000.00 Bank of Tokyo Mitsubishi NY Discount CP 99.628 5,870,000.00 0.00 5,870,000.00 0.00 1.03%Due 3/6/2017 Matunly, 03/062017 06538BG63 1,000,000.00 Bank of Tokyo Mitsubishi NY Discount CP 99.628 1,000,000.00 0.00 1,000,000.00 0.00 1.03%Due 3/6/2017 Maturity, 03/13/2017 89113WHF6 4,075,000.00 Toronto Dominion NY Yankee CD 100.000 4,075,000.00 27,209.68 4,102,209.68 0.00 1.19%Due 3IM2017 Maturity 03/15/2017 4581XOBV9 1,000,000.00 Inter-American Dev Bank Note 100.000 1,000,000.00 0.00 1,000,000.00 0.00 1.125%Due 3/15/2017 Maturity 03/152017 532457BB3 1,000,000.00 Ell Lilly 8 Co Note 100.000 1,000,000.00 0.00 1,000,000.00 0.00 5.2%Due 3/152017 Malunly, 0323/2017 313397DK4 1,250,000.00 FHLMC Discount Note 100.000 1,250,000.00 0.00 1,250,000.00 0.00 0.5%Due 323/2017 Maturity 03242017 3133851317 6,000,000.00 FHLB Discount Note 100.000 6,000,000.00 0.00 6,000,000.00 0.00 0.55%Due 3/24/2017 Maturity 03292017 313385DR4 3,400,000.00 FHLB Discount Note 100.000 3,400,000.00 0.00 3,400,000.00 0.00 0.525%Due 3/29/2017 Malunly, 0329/2017 313589DR1 1,950,000.00 FNMA Discount Note 100.000 1,950,000.00 0.00 1,950,000.00 0.00 0.5%Due 3/29/2017 Subtotal 26,545,000.00 26,545,000.00 27,209.68 26,572,209.68 0.00 TOTAL DISPOSITIONS 49,525,606.82 49,525,702.80 65,065.79 49,590,768.59 91.53 OTHER TRANSACTIONS Interest 03/01/2017 30231 GAV4 3,000,000.00 Enron Mobil Corp Callable Note Cant 0.000 33,330.00 0.00 33,330.00 0.00 2/1/2021 2.222%Due 3/1/2021 Interest 03/03/2017 17275RAT9 1,000,000.00 Cisco Systems Note 0.000 5,500.00 0.00 5,500.00 0.00 1.1%Due 3/3/2017 Chandler Asset Management-CONFIDENTIAL Page 16 Execution Time:VM017 8:W 16 PM �'" Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 03/05/2017 40428HPR7 1,250,000.00 HSBC USA Inc Note 0.000 14,687.50 0.00 14,687.50 0.00 2,35%Due 3/5/2020 Interest 03/07/2017 3137EADP1 5,000,000.00 FHLMC Note 0.000 21,875.00 0.00 21,875.00 0.00 0.875%Due 3/7/2018 Interest 0NOM017 3133782M2 7,500,000.00 FHLB Note 0.000 56,250.00 0.00 56,250.00 0.00 1.5%Due 3/8/2019 Interest ON09/2017 313378A43 7,500,000.00 FHLB Note 0.000 51,562.50 0.00 51,562.50 0.00 1 375%Due 3/9/2018 Interest OW11/2017 06406HCW7 2,120,000.00 Bank of New York Callable Note Cant 0.000 24,380.00 0.00 24,380.00 0.00 8/11/2019 2.3%Due 9/11/2019 Interest 03/15/2017 4581XOBV9 1,000,000.00 Inter-American Dev Bank Note 0.000 5,625.00 0.00 5,625.00 ODD 1.125%Due 3/15/2017 Interest 03/15/2017 4581XOCS5 3,500,000.00 Inter-American Dev Bank Note 0.000 32,812.50 0.00 32,812.50 0.00 1.875%Due 3/15/2021 Interest 03/15/2017 532457663 1,000,000.00 Eli Lilly 8 Co Note 0.000 26,000.00 0.00 26,000.00 ODD 5.2%Due 3/15M17 Interest 03/15/2017 532457BF4 4,000,000.00 Eli Lilly 8 Co Note 0.000 39,000.00 0.00 39,000.00 0.00 1.95%Due 3/1512019 Interest 03/15/2017 94988J210 500,000.00 Wells Fargo Bank Callable Note Otrly 0.000 1,529.30 0.00 1,529.30 0.00 6/15/2016 0.408%Due 6/15/2017 Interest 03/16/2017 24422ESS9 5,000,000.00 John Deere Capital Corp Note 0.000 57,500.00 0.00 57,500.00 0.00 2.3%Due 9/16/2019 Interest 03/19/2017 025816AY5 2,900,000.00 American Express Credit Note 0.000 101,500.00 0.00 101,500.00 0.00 7%Due 3/19/2018 Interest 03/31/2017 912828F39 5,800,000.00 US Treasury Note 0.000 50,750.00 0.00 50,750.00 0.00 1.75%Due 9/30/2019 Interest 03/31/2017 912828SN1 5,000,000.00 US Treasury Note 0.000 37,500.00 0.00 37,500.00 0.00 1.5%Due 3/31/2019 Interest 03/31/2017 9128281`34 7,000,000.00 US Treasury Note 0.000 39,375.00 0.00 39,375.00 0.00 1.125%Due 9/30/2021 Subtotal 63,070,000.00 599,176.80 0.00 599,176.80 0.00 Dividend 03/02/2017 261908107 268,300.75 Dreyfus Tmy/Agcy Cash Management 521 0.000 615.60 0.00 615.60 0.00 Chandler Aeset Management-CONFIDENTIAL Page 17 Execution Time:VM017 8:W 16 PM �/" Orange County Sanitation District Consolidated Transaction Ledger Account#10283 2/28/17 Thru 3/31/17 Transaction Settlement Acq/Disp Interest Type Date CUSIP Quantity Security Description Price Yield Amount PurlSold Total Amount Gainit-oss OTHER TRANSACTIONS Dividend 03/02/2017 261908107 3,863,581.44 Dreyfus Tmy/Agcy Cash Management 521 0.000 1,063.34 0.00 1,063.34 0.00 Subtotal 4,121,882.19 1,678.94 0.00 1,678.94 0.00 TOTAL OTHER TRANSACTIONS 67,191,882.19 600,855.74 0.00 600,855.74 0.00 Chandler Asset Management-CONFIDENTIAL Page 18 Execution Time:VM017 8:50:16 PM OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir. 04/ltiOS117 04/26/1Or7 AGENDA REPORT ItemNumber Item Number z s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: MENDOZA ODOR CONTROL FACILITY GENERAL MANAGER'S RECOMMENDATION A. Approve a 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 2899 Mendoza Drive in the city of Costa Mesa, in a form approved by General Counsel; and B. Approve reimburse to CMSD for $12,600 per year with annual adjustments not exceeding a 10% increase over the initial year for storage facility lease at Orange Coast College's boat yard beginning July 1, 2017 and annually thereafter. BACKGROUND Orange County Sanitation District (Sanitation District) currently treats the Baker-Main Interceptor for odor and corrosion with a continuous feed of ferrous chloride to the sludge in the force main at the Michelson Water Reclamation Plant (MWRP), which is owned and operated by Irvine Ranch Water District (IRWD). RELEVANT STANDARDS • Maintain Odor Control Master Plan • 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 PROBLEM IRWD's new sludge processing facility is slated for completion in December 2017, at which time the Sanitation District will no longer have a carrier for ferrous chloride, which is currently dosed at MWRP. PROPOSED SOLUTION As a replacement for the MWRP chemical feed facility, Sanitation District staff will conduct a 12-month chemical dosing study at the CMSD's Mendoza Pump Station. Previous Page 1 of 2 studies have shown that the Mendoza Pump Station location has been effective in reducing odors in the Baker-Main Interceptor. TIMING CONCERNS The opportunity to conduct the study now will help the Sanitation District locate and operate a chemical feed facility when the MWRP chemical feed facility is not available in December2017. RAMIFICATIONS OF NOT TAKING ACTION If these steps are not taken, when the MWRP's new sludge processing facility is completed the Sanitation District will not have a continuous chemical dosing station servicing odor control in the Baker-Main Interceptor, thereby potentially increasing odor complaints in the collections system. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION To locate the chemical dosing equipment at CMSD's Mendoza Pump Station existing equipment must be relocated to an alternative storage location. CMSD staff found a storage location at the Orange Coast College (OCC) boat yard near Adams Avenue. The location is centralized and their staff will have 24/7 access to the property. The total cost to store their equipment at OCC is$12,600 annually and the Sanitation District has agreed to reimburse CMSD the storage fee. CEQA The Sanitation District has determined that the project is exempt from CEQA. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the Proposed FY17/18 Collections Facilities Operations and Maintenance Operating Budget (Line item: Professional and Contractual Services, Section 6, Page 76). Project contingency funds will not be used for this agreement. Date of Aooroval Contract Amount Contingencv 0412612017 $ 12,600 $ 1,260 (10%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the complete agenda package: • Site Access and License Agreement Page 2 of 2 SITE ACCESS AND LICENSE AGREEMENT This Site Access and License Agreement dated 2017 ("Effective Date"), is entered into by and between the Orange County Sanitation District ("OCSD"), and Costa Mesa Sanitary District ("CMSD'). OCSD and CMSD are sometimes hereinafter individually referred to as 'Party" and hereinafter 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, at 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, CMSD owns and operates the Mendoza Pump Station in the alley west of Mendoza Drive, north of the flood control channel, the real property being located at 2900 Mendoza Drive, Costa Mesa, CA 92626, commonly known as the Mendoza Pump Station (the"Property')and depicted on the site map and project area attached hereto as Exhibit"A;" 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 Mendoza Pump Station; and WHEREAS, based on the results of this demonstration study, OCSD desires to use this location as a permanent odor treatment facility, subject to the termination and other rights provided herein; and WHEREAS, as a reflection of its shared interest in treating sewage in the interest of the public's health, safety, and welfare, CMSD intends to allow OCSD access to the site. NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this Site and License Agreement, OCSD and CMSD hereby agree as 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. 1 IU312ss 2. Site Access. CMSD hereby grants OCSD (and its consultants and contractors) a temporary license to enter upon the Property for purposes of conducting odor control measures, described in more detail in Exhibit "B" attached hereto and incorporated herein, and installing odor control facilities. Odor control measures will consist of one tank and a conduit that will run through CMSD's sewer lines, which will contain ferrous chloride, magnesium hydroxide and/or calcium nitrate for delivery of a chemical compound or gas (the odor control measure)within OCSD's sewer lines downstream. 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 will cooperate with OCSD, as necessary, to provide access to relevant areas of the Property. CMSD agrees to cooperate with OCSD as necessary to provide access to relevant areas of the property. OCSD agrees to keep CMSD 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. 3. Site Storage. The Parties agree that odor control treatment at this location will require additional storage for equipment maintained by CMSD that is regularly stored at the Property and will need to be relocated for the term of this Agreement. CMSD has identified storage space at the Orange Coast College (OCC) Boatyard located near Adams Avenue in Costa Mesa. The boatyard provides secure, outdoor storage and is available to CMSD 24 hours a day, seven days per week. A map depicting the location and images of the storage area are attached hereto as Exhibit "C." OCSD agrees to pay CMSD $12,600 for the cost of storing said equipment for twelve consecutive months. OCSD agrees to make payment on the first month CMSD begins storing equipment at OCC boatyard and every year thereafter the License Agreement continues. OCSD agrees to pay CMSD for payment adjustments not exceeding a ten percent (10%) increase over the initial year, as required by OCC. If OCC terminates the storage agreement with CMSD, OCSD agrees to work collaboratively with CMSD to find another storage location. If a storage location cannot not be mutually agreed upon by both parties then this Agreement shall terminate as described in Section 4. Should the Parties amend this Agreement to shorten the Term, CMSD will reimburse OCSD for any portion of the annual pre-payment not yet applied for that year provided CMSD can obtain the refund of any monies advanced, plus any penalties or early termination costs. 4. Term. This Agreement shall remain in full force and effect and renew annually until February 28, 2027, unless extended by the Parties by written agreement or until sooner terminated in writing by both Parties. 5. Equipment. By entering into this License Agreement, CMSD understands 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. 6. Unreasonable Interference and Prior Notice. OCSD's use of the Property shall not interfere with CMSD's operations, the business of its lessees, if any, or cause any nuisance to neighboring properties or persons thereon to the maximum extent 2 IU31zss possible. OCSD shall give CMSD 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 with as much notice as possible prior to entering the Property. CMSD and any lessees, licensees, or agents of CMSD, 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. 7. Material Data Handling Sheets. OCSD and its contractors and consultants shall provide the CMSD 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 employees. 8. Restoring Condition of Property. OCSD agrees to minimize, to the extent practicable, interference with the activities of CMSD'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, to 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. 9. Original Condition of Property. OCSD accepts the Property conditions as they may exist from time to time without any representation or warranty from CMSD, and without any duty of CMSD to warn of any conditions. Accordingly, OCSD agrees to assume all risks associated with entry and presence on the Property. 10.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 prior to conducting work at the Property. 11.Cost. 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 for the actual costs of water, electricity, and other utility services, if any, used by OCSD at the Property. 12. Insurance. OCSD shall at all times during the term of this license maintain at its own expense insurance of the types and amounts indicated below. Such insurance shall be in the form and substance satisfactory to CMSD, shall be issued by Garners 3 M31zss which are authorized to do business in California, and shall be maintained until the term of this license agreement is ended. OCSD shall cause CMSD to be named as an additional insured on each contractor and subcontractor's Comprehensive General Liability insurance policy. A. General Liability. $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. 13. Indemnification. OCSD agrees to indemnify and defend CMSD from any claims or liability arising out of OCSD's odor control measures at the Property, including but not limited to claims of pollution from the processes used. OCSD shall also indemnify CMSD from any claims or liability caused by its contractors and consultants. CMSD agrees to indemnify and defend OCSD from any claims or liability resulting from CMSD's operation of the Property. . 14.Limited Access. OCSD agrees that entry upon the Property shall be limited to the extent necessary or desirable for the performance of odor control for the purposes expressed in this License Agreement. 15. Temporary License. This License Agreement is intended and shall be construed as a temporary 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. 16.Attorneys' Fees. If either of the Parties is required to engage an attorney or institute an action in order to enforce any of the provisions of this License Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and court costs which may be incurred. 17. 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 4 M31zss 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 Attention: Scott Carroll, General Manager 18.Jurisdiction. In the event of a dispute regarding performance or interpretation of this Agreement, the venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of California for Orange County. 19. No Third Party Beneficiaries. This Agreement is entered into by and for District and CMSD, 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, which may be given or withheld in CMSD's sole discretion. 20. Force Maieure. Except for the payment of money, neither 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,Act of God, strike or labor dispute, war or other violence, acts of third-parties, or any law, order, or requirement of any governmental agency or authority. 21.Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. 22. 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. 23.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. 24.Amendments. This Agreement may be modified or amended only by a written document executed by both OCSD and CMSD by a person with authority to execute the same. 5 M31z8s 25.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. 26.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. IN WITNESS WHEREOF, this Site and License Agreement has been executed in the name of the Orange County Sanitation District by its officers, thereunto duly authorized, and executed by Costa Mesa Sanitary District as of this day of , 2017. APPROVED AS TO FORM: ORANGE COUNTY SANITATION DISTRICT By By Bradley R. Hogin Gregory C. Seboum PLS General Counsel Chair, Board of Directors ATTEST: By Kelly A. Lore Clerk of the Board Orange County Sanitation District ATTEST: COSTA MESA SANITARY DISTRICT By By Noelani Middenway Mike Schaefer Clerk of the District President, Board of Directors Costa Mesa Sanitatary District 6 M312ss EXHIBIT "A" hill) CHEMICAL SYSIEM a n LOCATION _ APARTMENT BUILDING vPARKING r STRI/CTIME APARTMENT BINLDING D W a �% Z e O A !MRWUS THERS CHEMICAL COMPANY RING OEPARLMENT CLLNK AVE. RUNSGGY�C 91N5 PHONE: (626I 333-7308 PAULARINO CHANNEL EGGING SYSTEM PUMP STATION ESA GLffORN A ROOD CONTROL ACCESS ROAD PP¢ ms lamm160Os0nENDQ-PLOT PLAN w.GE 8�0-302016 �84' TMy Galva ea .-20-2016 NO E Oi TD 9VYE Y17Ap, 0.N2-1P20-2016 EXHIBIT "B " hill xx.x..x m. w• � W.�mm 11[E wm BWASS VALVE ACESS MANHOLE ❑ nn O HILL&OT NERoe OEMICAL COMPANY ENGINEERING DEPARTMENT (AE.CIiY OF INDVBTRY'G.W)95 PHONE 1(@6)333 7308 u.m VAULT ACCESS __ _ ...U9 LOSING SVSRM MENDOZ PUMP STATION COSTA MESA EAUFORXW 92626 m W ID30 W OCSDM EH00ZA AMA �RuOen Bou WET NELL `ELECTRICAL PANEL \ 10-ID3016 METI' 08P•'e mom -I0-i0-3016 Cl hill u �AOE MAINTENANCE HATCH LEVEL SENSOR FILL LINE MILL MOTHERS CHEMICAL COMPANY ENGINEERING DEPARTMENT FLOAT GAGE t9ov E.CURX AGE. LADDER CRY OF IN DORM G.91)95 PHONE 7 1026)33330E 6V6TEM Al HIGH IW MOT® CONTRM FERROUS DOSING SYSTEM MENDOZA PUMP STATION COSTA MESA CALIFORNIA 92626 ODD103@OU OCSOMENOOZA DETAIL �RROen Sou — I�j—III- �II�IP�'111-Ills -III-111�''q�ll� 711-11 F' '11-Ills -q ill�"=11�,�I n II=III- 'ill-III- 711�11�' DEALI Mrw FSYSTEM WHNI SHVIRT SRN EST TµXOAHW W=II ToOk IS Al M A as Xlacan CORRUGATED STEEL IENT PHIX HEIGHT TO MATCH EXISTING FENCE LINE rom G=,tl= ]O MIL RO PRIVACY SCREEN TO MATCH EXISTING 6ETOP OR A6 RE001 RED S]S W X<LS DX]='H T IL E 10-30-3016 1V X9DE DIAMETER NOTE,N WOO GALLON I2'INSIOE DIAMETER IF SPACE ALLOWS) MERGER -]0-20-3016 EXHIBIT "C" 8� BCai IResrolel e ICorr �} Ili .. _ ••a __J'.._ � ls$RH rr tl �Callegep T ack ei • C„-1.i Nesd• b 7,11 �y �. _ ,1qurtics C ,tee �1 �n, r • 'm .1—.. 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Dir. 04/etiOS117 04/26/1Of7 AGENDA REPORT Item Number Item Number 3 6 Orange County Sanitation District FROM: James D Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: HEADQUARTERS COMPLEX, SITE AND SECURITY, AND ENTRANCE REALIGNMENT PROGRAM, PROJECT NO. P1-128 GENERAL MANAGER'S RECOMMENDATION Change the preferred alternative from the southwest corner of Plant No. 1 to the area bounded by Ellis Avenue on the south, southbound Ellis off-ramp on the east, 1405 Freeway on the north, and Ward Street on the west for the location for the Administration Building and Laboratory Building for CEQA evaluation under the Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128. BACKGROUND In June 2015, an Administrative Facilities Implementation Plan (AFIP)was completed that described the facilities, sequencing, and costs associated with constructing new buildings at Plant No. 1. In the same month and based on that plan, the Board of Directors (Board) approved a new project and budget for the Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128. The project site was planned in the northern portion of the Plant No. 1 property, adjacent to the current Administration Building location. Also, in June 2015, Orange County Transportation Authority (OCTA) presented an informational item to the Operations Committee regarding the Interstate 405 Widening Project (OCTA Project) which includes the new southbound on-ramp from Ellis Avenue. The OCTA Project proposed closing the existing main entry to Plant No. 1 to accommodate the new on-ramp and creating a new entry at Pacific Avenue. These changes would directly impact the Headquarters Complex before, during, and after construction, as well as the selected location. To accommodate OCTA's proposal for a new entrance, staff evaluated four alternatives for siting the Headquarters Complex over the following months. Based on the results of the evaluation, staff recommended the Headquarters Complex, including the main Administration Building and Laboratory, be constructed in the southwest area of Plant No. 1, along with necessary site and security improvements. In October 2015, the Board designated the southwest area of Plant No. 1 as the project location. As staff began design efforts in the southwest area, however, it became apparent that this location was not compatible for the use. In the second half of 2016, staff worked at the Board's direction to acquire property across Ellis Avenue. As a result, the Orange County Sanitation District (Sanitation District) Page 1 of 4 reached an agreement to purchase a 2.14 acre property in Fountain Valley on the north side of Ellis between Bandilier Circle and Pacific Street, and escrow closed on February 24, 2017. RELEVANT STANDARDS • Meet CEQA and NEPA standards • Provide a safe and collegial workplace PROBLEM The preferred alternative for the Headquarters Complex was designated by the Board in October 2015. Since that time, additional evaluation revealed that this location is not compatible for the use due to conflicts with Southern California Edison power lines on Garfield Avenue, deficiencies with the intersection at Garfield and Ward, concerns expressed by the City of Fountain Valley with potential impacts to the residential neighborhoods at Ward and Garfield, and findings of the consultant preparing the 2017 Facilities Master Plan that the currently designated southwest comer site is needed to support future process facilities. PROPOSED SOLUTION The Sanitation District has acquired a 2.14 acre parcel north of Ellis Avenue in Fountain Valley. If additional contiguous property is also acquired, the Headquarters Complex, including Administrative and Laboratory buildings, could be sited in the region bounded by Ellis Avenue on the south, southbound Ellis off-ramp on the east, 1-405 Freeway on the north, and Ward Street on the west. If no additional property is acquired, then it may only be feasible to site one building in this area. TIMING CONCERNS The CEQA process may take up to one year to complete. If the preferred alternative is not changed from the southwest corner until a later date, further CEQA work may be necessary, causing delays in design and construction. RAMIFICATIONS OF NOT TAKING ACTION Delays in project schedule and increased construction costs. PRIOR COMMITTEE/BOARD ACTIONS November 2016 - Authorized the General Manager and General Counsel to approve escrow documents for the purchase of the Bender Property at 18475 Pacific Street and 18484 Bandilier Circle. October 2016 - Approved a Standard Offer, Agreement, and Escrow Instructions for Purchase of Real Estate with Bender Properties for the property at 18475 Pacific Street and 18484 Bandilier Circle for $10,619,180, and approved AIR Commercial Real Estate Association Standard Industrial/Commercial Single-Tenant Lease. Page 2 of 4 July 2016 - Approved Broker Representation Agreement with Cushman & Wakefield to give exclusive authority to represent the Orange County Sanitation District, at no cost, for the investigation and potential negotiation to acquire existing office building and/or land for a new Administration Building in an area near Plant No. 1. June 2016 - Approved a Professional Services Agreement with LSA Associates, Inc. to provide environmental services for the preparation of a California Environmental Quality Act compliant document for the Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128, for an amount not to exceed $420,927. June 2016 -Approved a Professional Design Services Agreement with HDR Architecture, Inc. to provide architectural and engineering design services for the Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. 131-128, for an amount not to exceed $11,785,709. October 2015 - Board designated the southwest corner of Plant No. 1 for the location for the Administration Building and Laboratory Building as the preferred alternative for CEQA evaluation. June 2015 - Established a new project and budget for Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128. June 2014 - Approved a Professional Design Services Agreement with HDR to provide engineering design services for Administrative Facilities Implementation Planning, Project No. SP-194, for an amount not to exceed $729,597. November 2013 - Established a budget for Administrative Facilities Implementation Planning, Project No. SP-194. October 2013 - Staff presented an overview of the administrative facilities and their need for rehabilitation or replacement. June 2012 - Approved a Professional Services Agreement with The Austin Company to provide engineering services to prepare an Administrative Facilities Master Plan for the Title 24 Access Compliance and Building Rehabilitation Project, Project No. P1-115, for an amount not to exceed $175,000. May 2012 - Authorized the General Manager to negotiate a Professional Services Agreement for Administrative Facilities Master Plan. ADDITIONAL INFORMATION Between June and October 2015, staff evaluated four alternative locations for the Headquarters Complex. Based on the analysis, staff recommended that the Headquarters Complex be constructed in the southwest area of the plant. As staff began design efforts in the southwest area, however, it became apparent that this location was not compatible for the use. Further evaluation revealed these incompatibilities: Page 3 of 4 • Intersection at Garfield and Ward is currently deficient based on an OCTA study. Additional traffic at this intersection would cause further deficiency. • Widening of Ward south of Garfield would require relocation of power poles. Even if this were agreed to be undertaken by Southern California Edison, it would delay the Sanitation District project. • 66 kV power poles north of Garfield adjacent to the Plant No. 1 south property line requires relocation. • Staff had a preliminary briefing with the City of Fountain Valley staff and concerns were raised about the impacts on local residents with the Headquarters Complex located on the southwest area of the Plant 1. • A recommendation from the 2017 Facilities Master Plan to reserve all available land in the treatment plant for future process facilities. Staff continues to negotiate with OCTA to find the best technical, long-term solution and help offset cost impacts to changes that are attributable to the OCTA Project. CEQA CEQA work will continue for Project No. P1-128, following designation of the preferred alternative. FINANCIAL CONSIDERATIONS This complies with the authority levels in the Sanitation District's Purchasing Ordinance. Budget for the project, Headquarters Complex, Site and Security, and Entrance Realignment Program, Project No. P1-128, is included in the budget for Fiscal Years 2016-17 and 2017-18 adopted at the June 2016 Board of Directors meeting, Section 8, page 88. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: N/A CD:sa:gc Page 4 of 4 OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir. 04/ltiOS117 04/26/1Or7 AGENDA REPORT ItemNumber Item Number a 7 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Ed Torres, Director of Operations and Maintenance SUBJECT: CENTRAL GENERATION ENGINE JET CELL IGNITORS AND CHECK VALVES REPLACEMENT GENERAL MANAGER'S RECOMMENDATION A. Approve a Sole Source Purchase Order to GE Oil & Gas Compression Systems, LLC for the purchase of replacement Jet Cell Igniters and Check Valves for rehabilitating eight Central Generation Engines at Plant Nos. 1 and 2 for a total not to exceed $1,816,495, plus applicable tax and freight; and B. Approve a contingency of $90,825 (5%). BACKGROUND Orange County Sanitation District (Sanitation District) operates eight Central Generation (Can Gen) engines manufactured by Cooper Bessemer at both treatment plants. The engines generate approximately two-thirds of our electric demand and the majority of our process heat demand. Sanitation District staff conducts routine maintenance of the engines, which requires replacement parts vital to reliable operation. As part of this routine work, staff has identified the need to replace two jet cell ignitors and check valves for each engine cylinder (for a total of two hundred and thirty-two of each component) in order to avoid potential fires erupting on the heads of the main power generating engines and other operation disruptions. Two such incidents have occurred due to a faulty ignitor system and the improper fit of certain mechanical engine components. RELEVANT STANDARDS • Protection of Orange County Sanitation District assets • Maintain a proactive asset management program • Use all practical and effective means for recovering energy • Provide a safe and collegial workplace PROBLEM In recent years, the Original Equipment Manufacturer (OEM) has made design and performance improvements to Jet Cell Ignitor and Check Valve components, rendering the legacy parts obsolete. Obsolete parts can create engine fires, disrupt operations, and present a safety risk. Page 1 of 2 PROPOSED SOLUTION Staff recommends replacing all Can Gen Jet Cell Ignitors and Check Valves with factory new/OEM parts from GE Oil & Gas Compression Systems, LLC. TIMING CONCERNS Failure to take immediate action on this maintenance issue could result in additional equipment fires and unsafe working conditions. RAMIFICATIONS OF NOT TAKING ACTION The rehabilitation of existing parts does not provide the necessary operation, safety, and performance operating parameters for the Can Gen engines, and will result in future fires on the Engine Cylinder Heads. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION GE Oil &Gas Compression Systems, LLC owns the rights to the Cooper Bessemer brand. This purchase order includes a total of(250) each of the ignitors and check valves, (232) required parts for the engines, and (18) spares. Volume pricing efficiencies are gained by purchasing (250) check valves, for a total savings of $64,333 on the first (232). The total cost of purchasing only (232) of each part would have been $1,749,862. The additional $66,633 buys the additional (18) spares of all parts. CEQA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has been budgeted in the FY16/17 operating budget in Plant Nos. 1 and 2 Maintenance Divisions (Line item: Repairs and Maintenance, Section 6, Pages 92 and 96). Project contingency funds will not be used for this agreement. Date of ADDroval Contract Amount Continaencv 04/26/2017 $ 1,816,495 $90,825 (5%) ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: N/A Page 2 of 2 OPERATIONS COMMITTEE Meng Date TOBd. Dir. 04/aHOS117 04/26/1of7 AGENDA REPORT ItemNumber Item Number s s Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: UNINTERRUPTIBLE POWER SUPPLY IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-132 GENERAL MANAGER'S RECOMMENDATION Establish a project for Uninterruptible Power Supply Improvements at Plant No. 1, Project No. P1-132, with a budget of$4,800,000. BACKGROUND Wastewater treatment facilities include critical equipment such as programmable logic controllers, instrumentation, alarm systems, and network infrastructure that must remain in continuous service, even during a power interruption. For this reason, this equipment requires an uninterruptible power supply (UPS), which has historically been provided by small local UPS units. The small local UPS units have proven to be unreliable and expensive to maintain. As such, the Orange County Sanitation District (Sanitation District) is implementing a master plan to replace the existing local units with a small number of regional facilities. The regional facilities consist of bank batteries, a charging system, power distribution panel, and conduits and wiring to feed the various existing loads. These regional facilities are more reliable and cost-effective to maintain. RELEVANT STANDARDS 24M365 treatment plant reliability PROBLEM At Plant No. 1, the Control Center houses critical plant control and network equipment. A recent test revealed that the existing UPS for this equipment is not reliable, and even a brief power interruption could directly impact plant operations and compliance. PROPOSED SOLUTION Staff recommends implementing a previously-planned regional UPS for the northwest area of the plant, which includes the Control Center and its critical plant control and network equipment in a new project at this time since there is no major project scheduled Page 1 of 2 in this area for the next seven years. The new UPS would be installed in an existing electrical building. In addition, the proposed project will also install new feeds to existing loads from a new regional UPS being installed as part of a project currently under construction. TIMING CONCERNS If the project is not authorized at this time, critical equipment in the Control Center is more susceptible to power loss causing a plant-wide upset. RAMIFICATIONS OF NOT TAKING ACTION Not taking action will mean that the Plant No. 1 control system is more susceptible to failure and the plant would have to be manually controlled and data collection could be lost. CEQA This project will require CEQA documentation, which will be completed as part of the project. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has not been budgeted. The funds will be allocated from the Replacement, Rehabilitation, and Refurbishment in the cash flow projections, FY 2016-17 and 2017-18, Section 4, Page 16. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: Presentation from April 5, 2017 Operations Committee meeting RB:dm:gc Page 2 of 2 Y 5, P1 - 132 Uninterruptible Power Supply Im rovements at Plant No . 1 Operations April S., 2017 T - 1 \ ' . Uninterruptible Power Supply ( UPS) r - - - - - - - - - - • - - - - - - - • - - - - - - - • - • - • - • i Input AC DC To Loads Power DC AC i � BATTERY � i L . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . - . 1 • Provides continuous power to loads • Provides —20 minutes of backup power after utility loss, until standby generators provide power • Allows continuous monitoring of treatment plant process during power outage '. • Prevents data loss Control System Network Control stem Network Equ�ment ninon UPS — ' — ' Power Historical Data Server It SCADA Server I � Core _ Switch I = Network Cabinet UPS I _ — ® Distribution ' I I = � Power ILL. 1 Switch I ...... ...:::e...eee �"" Access Switch I _ - !;y—,, Locale Power HMI Cabinet HMI Programmable Logic Controller (PLC) PLC Cabinet Existing UPS System POWER BUILDING 7 UPS - �- Pow— METERING STRUCTURE F POWERBUILDING 3A ii� �mi" IN= l.A, � POWERBUILDING8 UPS �, � APA /* • 43 small UPS units (less than SkVA) DAFT ELECTRICAL RM • 21 medium UPS units (SkW to 30 kVA) UPS Distribution • J-102 Strategic Plan Update, Energy Master Plan 2007 • Options • 1-3: Small and Medium UPS Units • 4: 2 Redundant Regional UPS Units • 5: 3 Regional UPS Units • Options 5 selected : • Lower lifecycle costs, few units to maintain • Great reliability and status monitoring • Easier to maintain Regional UPS 480V 480V POWER POWER SOURCE SOURCE I I 0 0 • - • - BYPASS REGIONAL SWITCH UPS BATTERY UPS L . _ . _ . _ . REGIONAL UPS DISTRIBUTION PANEL FROM 480V NORMALPOWER POWER - AUTOMATIC SOURCE DISTRIBUTION - TRANSFER UNIT(PDU) SWITCH (ATS) AUTOMATIC � " ' - ' TRANSFER i I POWER SWITCH Ir7 I DISTRIBUTION (ATS) I 120V/208V I UNIT PANEL (PDU) ` - - - - - - - - - - - (LOCATED AT EACH BUILDING/FACILITY) LOCAL ATS/PDU FUTURE REGIONAL UPS .=r...-. (POWER BUILDING 3) (Pi-105) REGIONAL UPS (POWER BUILDING8) (P1-132) REGIONAL UPS / r __- (HICKENING& a- 3 DEWATERING sw BUILDING) ! #p (P1-101) +rtit QUESTIONS ? OPERATIONS COMMITTEE Meng Dat0 TOBE. Dir. 04/ltiOS117 04/26/1Or7 AGENDA REPORT Item Item Number 6 9 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: RETURN ACTIVATED SLUDGE PIPING REPLACEMENT AT PLANT NO. 2, PROJECT NO. P2-123 GENERAL MANAGER'S RECOMMENDATION Establish a project for Return Activated Sludge Piping Replacement at Plant No. 2, Project No. P2-123, with a budget of$15,000,000. BACKGROUND Plant No. 2 has two biological secondary treatment facilities, one of which is the Activated Sludge Plant, with a rated capacity of 90 million gallons per day, which is approximately 60% of the Plant No. 2 rated capacity. The Activated Sludge Plant was built in 1979 and includes 1,800 feet of sludge return piping and appurtenances ranging in size from 4 inches to 36 inches. RELEVANT STANDARDS • Protection of Orange County Sanitation District assets Provide a safe and collegial workplace PROBLEM The sludge piping system is severely corroded and has had numerous corrosion-related leaks resulting in process interruptions and the expenditure of staff time for repairs. The corrosion is significant enough that a sudden leak could be a safety issue. The tunnel system in which the pipes are installed is subject to flooding. PROPOSED SOLUTION Replace the piping, which requires the establishment of a project with a budget in the amount of$15,000,000. TIMING CONCERNS A sudden pipeline rupture could present a safety issue for Operations staff. The loss of a section of piping could also lead to a short-term loss of operational flexibility in the aeration basin facilities. Page 1 of 2 RAMIFICATIONS OF NOT TAKING ACTION Reliability of the treatment process will suffer and maintenance staff will be required to make inefficient unplanned repairs to maintain the full operational ability of the aeration basin facilities. A sudden pipeline rupture is a risk to staff and equipment in the tunnel system. PRIOR COMMITTEE/BOARD ACTIONS N/A CEQA Staff expects this project to be categorically exempt. If confirmed, a Notice of Exemption will be filed after Board approval of the project. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This item has not been budgeted. The funds will be allocated from the Replacement, Rehabilitation, and Refurbishment in the cash flow projections, FY 2016-17 and 2017-18, Section 4, Page 16, Item 14. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: Presentation from April 5, 2017 Operations Committee meeting RL:dm:gc Page 2 of 2 r-it r• j dAfk AW r4j y. �w .` go IL - 123 Activated Sludge Plant i Pick-Up Truck v Imaaery 02017 DlaitalGlobe.U.S.Geolanioal Survey.Mao data 02017 Goaale 50 R Examples • Corrosion 1 Project Background and Constraints y 1 V _ Recommendations • Establish a project for Return Activated Sludge Piping Replacement at Plant 2, Project No. P2- 123, with a budget of $ 15,000,000. Questions fret, I ADMINISTRATION COMMITTEE Meng D310 TOBE. Dir. 04/lti12/17 04/26/1Of7 AGENDA REPORT Item Item Number 2 10 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Administrative Services SUBJECT: FINANCIAL INFORMATION SYSTEM PURCHASE ORDER CONTRACT RENEWAL GENERAL MANAGER'S RECOMMENDATION A. Approve a five-year Purchase Order Contract with Oracle America, Inc. for an annual amount of $92,143, for a total not to exceed amount of $460,715, commencing July 1, 2017 through June 30, 2022; and B. Approve a contingency of$46,072 (10%). BACKGROUND The Orange County Sanitation District (Sanitation District) has been using JD Edwards Financial Information System (Accounts Payable, Accounts Receivable, Fixed Assets, General Accounting, Human Resources, Job Cost, Payroll, Procurement) since 1997. The Sanitation District upgraded its JD Edwards system to the latest version in 2016 and intends to continue using the system for the long term. The Purchase Order Contract ensures that we can continue to operate the Financial Information System (FIS)while the underlying computer operating and database systems change overtime. Oracle America, Inc. owns and supports JD Edwards and allows customers who commit to longer terms to keep the annual costs level for up to five years while still being able to pay the fee quarterly in arrears. RELEVANT STANDARDS • Maintain and Support Enterprise Asset and Financial Management Systems • Maintain a proactive asset management program • Efficiency efforts reduce the cost to provide the current service level or standard PROBLEM The current Purchase Order Contract for our FIS expires on June 30, 2017. This Purchase Order Contract provides support, updates, and tax and regulatory compliance for our entire financial system. The Sanitation District will face 3% annual increases unless we commit to a multiyear year term. Page 1 of 3 PROPOSED SOLUTION Commit to a five-year term to maintain a fixed support cost of $92,143.00 per year, equivalent to a total of $460,715 for five years, versus a 3% price increase per year, equivalent to a five-year total estimated at$489,199. Below is the comparison of payment and schedule of savings: With 5-Year Without 5-Year Year Commitment Commitment Savings 2017/2018 $92,143 $92,143 $0 2018/2019 $92,143 $94,907 $2,764 2019/2020 $92,143 $97,754 $5,611 2020/2021 $92,143 $ 100,687 $8,544 2021/2022 $92,143 $ 103,708 $ 11,565 Total $460,715 $489,199 $28,484 TIMING CONCERNS The current Purchase Order Contract term will expire on June 30, 2017; renewal must be completed prior to June 30, 2017. We need support for our FIS, as well as tax and regulatory compliance since we run our payroll within the system. The next version of the system is expected to be released in April 2019. The Purchase Order Contract will also entitle us to this new version. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District will pay a 3% yearly increase in support costs for each one-year term for the next five years. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION Oracle America, Inc. is listed as a sole source on the Board-approved Original Equipment Manufacturer (OEM) list. Oracle America, Inc. is the only vendor that can provide upgrades to the system since it is their proprietary system. We have been operating this FIS since 1997. These upgrades are important since they ensure legal and regulatory compliance and compatibility with the underlying operating and database systems. CECIA N/A Page 2 of 3 FINANCIAL CONSIDERATIONS No financial impact since the Purchase Order Contract is for set annual amounts paid quarterly in arrears regardless if the term is one year or five years and funds are included in the current budget. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the complete agenda package: N/A Page 3 of 3 ADMINISTRATION COMMITTEE Meng D310 TOBE. Dir. 04/lti12/17 04/26/1Or7 AGENDA REPORT Item Item Number 3 11 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PURCHASE OF RADIO COMMUNICATION EQUIPMENT AND SERVICES GENERAL MANAGER'S RECOMMENDATION A. Authorize an additional $400,000 to sole source Purchase Order No. 105821-OB with Motorola Solutions utilizing Orange County Price Book Agreement No. MA060-1 501 1 560, for purchases of equipment, services, and repairs, for a total amount not to exceed $480,000 for the period ending May 20, 2020; B. Authorize an immediate purchase of equipment and services for Orange County Sanitation District's Motorola radio systems, for a total amount of $148,613, plus applicable tax and freight; and C. Approve a contingency of$14,861 (10%). BACKGROUND In 2015, mobile phones were issued to several maintenance staff in lieu of handheld radios. Not all maintenance staff at both treatment plants have access to handheld radios and, as such, cannot communicate directly with operations staff in support of the normal and emergency operations of the treatment plants. During normal maintenance activities, staff communicates with operations staff via mobile phone to Operations Center staff, where requests for operations support are relayed via handheld radio to the operator in the field. During emergency conditions, maintenance staff utilize cell phones or"runners", instead of direct radio-to-radio communication, to communicate and coordinate maintenance activities with operations staff. For the next three years, we anticipate new/additional radio equipment and services requirements, as well as replacement of obsolete and/or repair of broken devices to support our day-to-day operations and maintenance activities. Motorola equipment and services pricing are in accordance with Orange County Price Book Agreement No. MA 060-15011560. Motorola has been identified as an authorized sole source. RELEVANT STANDARDS • Efficiency efforts reduce the cost to provide the current service level or standard • Maintain a proactive asset management program Page 1 of 3 Maintain a culture of improving efficiency PROBLEM The limited number of radios issued to maintenance staff is an impediment to directly communicate with operations staff during the normal business hours and especially during an emergency. While mobile phones have been issued to maintenance staff, communicating from a mobile device to a handheld radio is not possible, causing delay and a high probability of communication breakdown. PROPOSED SOLUTION Add funds to blanket PO# 105821-OB for the immediate procurement and distribution of 114 digital handheld radios to maintenance staff located at both treatment plants for continuous radio-to-radio communication among staff during normal business activities and in the event of emergency conditions. Additional funds will also cover new/additional radio equipment and services requirements, as well as replacement of obsolete and/or repairs of broken devices for the next three years, until 2020. TIMING CONCERNS As part of the Operations & Maintenance department's transition to combined operator and maintenance craft area teams in January 2017, efficient communication plays an important role in improving the department's efficiency while addressing maintenance activities in both treatment plants. Area teams are expected to coordinate planned activities during each shift across multiple plant locations. The continued practice of relaying messages by cell phone, and then on to an operator by radio, will inhibit the expected efficiency gains through direct maintenance technician to operator communication. RAMIFICATIONS OF NOT TAKING ACTION A communications bottleneck will limit the efficiency of combined maintenance and operator area team collaboration (messages relayed through the Operations Center) during the normal operation of the treatment plants. During emergency operation of the treatment plants, communication between maintenance and operations staff is severely limited and relying on "runners' to communicate between staff members may cause potential communication breakdown and delayed response to calls. PRIOR COMMITTEE/BOARD ACTIONS July 2014 - Administrative Committee approved Minute Order, Item No. 4; Cooperative Purchase Agreement with Motorola. December 2016 - Board approved Minute Order, Item No. 12; Motorola identified as authorized sole source for the procurement of radios. Page 2 of 3 ADDITIONAL INFORMATION Motorola digital radio handsets can be configured to provide safety features to maintenance staff members in the field who operate individually or in remote locations. Such features include "man down" notification, GPS and emergency call features, to list a few. The optional safety features of the Motorola digital radio system provide an additional layer of safety to staff members. CECA N/A FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance. A budget transfer of unexpended funds will be executed to fund this procurement. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.corn with the complete agenda package: N/A Page 3 of 3 LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE Meeting Date To ad.of Dir. STEERING COMMITTEE 0426/17 0426/17 JOINT - AGENDA REPORT Item Number Item Number 1 12 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Robert Ghirelli, Assistant General Manager SUBJECT: LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE GENERAL MANAGER'S RECOMMENDATION Provide direction regarding scheduling of the Legislative and Public Affairs Committee. BACKGROUND The Legislative and Public Affairs Committee (La PA) began in September 2013 as a Special Committee. In January 2015, Board leadership directed staff to establish La PA as a Standing Committee. The Committee meets monthly to provide updates and make recommendations on matters related to the legislative and public affairs programs of the Orange County Sanitation District (Sanitation District). Significant progress has been made in the legislative and public affairs programs and the programs are sustainable by staff under the direction of the Public Affairs Strategic Plan and the Legislative Platform adopted each year by the Board of Directors. Priorto becoming a Standing Committee, legislative and public affairs items were brought to the Steering Committee for consideration. A review of the past year shows that the La PA Committee met 10 times and four action items were considered by the Committee and recommended to the Board for approval. Additionally, two months were scheduled dark and five months had no action items (only information items). RELEVANT STANDARDS • Ensure the public's money is wisely spent • Maintain a culture of improving efficiency • Unified legislative advocacy and public outreach program PROBLEM A recent request to change the dates/time of the La PA Committee has provided an opportunity to reevaluate the frequency and timing of the Committee Meetings. Page 1 of 2 The programs are self-sustaining under the direction of the Board, through the adoption of the Public Affairs Strategic Plan and Legislative Platform. At the direction of the Steering Committee, the General Manager is requesting reevaluation of the Committee and its continued effectiveness. As a result of the discussion at the March Steering Committee, staff proposes three options for consideration. PROPOSED SOLUTION Option 1: Continue LaPA as a Standing Committee with meetings held in thefollowing months: • February, March, May, July, August, and November, reducing the number of committee meetings from 10 to six per year. • The Sanitation District's lobbyists indicate these are the months that best match legislative activity in Sacramento and Washington, D.C. Option 2: Sunset the La PA Committee and return this area of purview to the Steering Committee's authority, and extend the current meeting time for Steering Committee meetings to allow more time for consideration of legislative and public affairs matters. Option 3: Continue with monthly LaPA Committee meetings,with January and August being dark. For all three options, staff will continue to keep the Board informed of legislative and public affairs activities through the General Manager's monthly update. PRIOR COMMITTEE/BOARD ACTIONS March 2017-The Steering Committee discussed this item, resulting in this agenda report. December 2015 - The Board approved the latest Rules of Procedure Resolution No. OCSD 15-27, adding La PA as a Standing Committee. ATTACHMENT The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the complete agenda package: N/A Page 2 of 2 STEERING COMMITTEE Meng D310 TOBd. Dir. 04/lti26/17 04/26/1Of7 AGENDA REPORT Item Item Number 2 13 Orange County Sanitation District FROM: James D. Herberg, General Manager Originator: Rob Thompson, Director of Engineering SUBJECT: IRVINE RANCH WATER DISTRICT OUT OF AREA SERVICE AGREEMENT FOR LOS ALISOS ADDITION GENERAL MANAGER'S RECOMMENDATION Approve an agreement with the Irvine Ranch Water District allowing wastewater flow to enter Orange County Sanitation District's service area from Portola Hills and Baker Ranch, for a period of three years, from date of execution, and to support Irvine Ranch Water District's application to the Local Agency Formation Commission for an Orange County Sanitation District change of service boundaries to permanently service these areas. BACKGROUND Irvine Ranch Water District (IRWD) provides local wastewater collection services within the service boundaries of Orange County Sanitation District (Sanitation District) in the area of former County Sanitation of Orange County District No. 14. As such, IRWD is subject to the Sanitation District's Wastewater Discharge Regulations, Ordinance No. OCSD48. The Wastewater Discharge Regulations are critical to assuring the Sanitation District maintains regulatory compliance and to assure the water received by the Groundwater Replenishment System meets pretreatment requirements. On December 31, 2000, IRWD was consolidated with the Los Alisos Water District. IRWD provides wastewater collection and treatment for the old Los Alisos Water District service area, but this area is outside of the Sanitation District's boundaries. The majority of the area wastewater is treated and reused/disposed of outside of the Sanitation District's service boundaries. However, over time, the areas of Portola Hills and Baker Ranch have been rerouted to drain to the Michelson Water Recycling Plant within the Sanitation District's service boundaries. Sanitation District Resolution No. OCSD 99-05, Policy Pertaining to Future Areas to be Served by the Orange County Sanitation District, provides direction to staff on this issue. IRWD and Sanitation District staff have been working together to prepare an agreement for the Board of Director's consideration. The Portola Hills and Baker Ranch areas would be subject to all the requirements of the existing Revenue Area 14, for which IRWD provides local wastewater collection and treatment services. Page 1 of 3 RELEVANT STANDARDS • Support OCWD expansion of GWRS • Compliance with Wastewater Discharge Regulations, Ordinance No. OCSD-48. • Compliance with Resolution No. OCSD 99-05 Policy Pertaining to Future Areas to be Served by the Orange County Sanitation District PROBLEM Wastewater flows from Portola Hills and Baker Ranch originate outside of the Sanitation District service boundary in violation of the Wastewater Discharge Regulation, Ordinance No. OCSD-48. PROPOSED SOLUTION Enter into an agreement with IRWD per the requirements of the Wastewater Discharge Regulations, Ordinance No. OCSD-48, section 308, to permit the flow of wastewater into the service area. The constituents of this flow are attributable to the Sanitation District's Plant No. 1 and the Groundwater Replenishment System. The Sanitation District will also work with IRWD to go through the Local Agency Formation Commission to change the Sanitation District service boundary to permanently include these flow areas to Revenue Area 14. TIMING CONCERNS These two areas are not currently in compliance with the Wastewater Discharge Regulations ordinance. The Sanitation District currently has no authority to inspect or regulate these flows attributable to its treatment plants, discharge outfall, or the Groundwater Replenishment System. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District currently has no authority to inspect or regulate these flows attributable to its treatment plants, discharge outfall, or the Ground Water Replenishment System. PRIOR COMMITTEE/BOARD ACTIONS May 1999 - Resolution No. OCSD 99-05 Policy Pertaining to Future Areas to be Served by the Orange County Sanitation District. February 2016 -Wastewater Discharge Regulations, Ordinance No. OCSD-48. ADDITIONAL INFORMATION N/A Page 2 of 3 CEQA N/A FINANCIAL CONSIDERATIONS N/A ATTACHMENTS 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: • Resolution No. OCSD 99-05 - Policy Pertaining to Future Areas to be Served by the Orange County Sanitation District (on-line) • Ordinance No. OCSD-48 -Wastewater Discharge Regulations (on-line) • Agreement (included in hard copy) RCT:gc Page 3 of 3 RESOLUTION NO. OCSD 99-05 POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING A POLICY PERTAINING TO FUTURE AREAS TO BE SERVED BY THE ORANGE COUNTY SANITATION DISTRICT, AND RESCINDING RESOLUTION NO. OCSD 98-11. . ........... . . WHEREAS, the Orange County Sanitation District provides wastewater collection, treatment and disposal services to serve all or part of 23 cities and unincorporated areas occupying the central and northwestern areas of Orange County, and for certain areas outside the District boundaries pursuant to service agreements, and, WHEREAS, concern has been expressed to the District that if the District's service areas were to be further expanded by annexation or service agreement, it may impair the ability of the District to provide adequate service to areas presently within its jurisdiction; and, WHEREAS, the Board of Directors has been advised that the 1989 Master Plan, the 1989 Collection, Treatment and Disposal Facilities Master Plan, and the proposed 1999 Strategic Plan that call for the planning and construction of treatment works, disposal facilities, trunk line sewers, and related appurtenances are compatible with and can accommodate the wastewater service needs of all those areas presently within the District's approved spheres of influence and also within the areas located outside the existing boundaries of the District, but which are receiving service pursuant to service agreements; and, WHEREAS, on-site sewerage disposal systems in adjacent communities may contribute to degradation of groundwater basins used by cities and communities within the District's service area, and, WHEREAS, the District's Board of Directors-believes that it is in the best interests of the communities and cities serviced by the District to assist in preserving Orange County's valuable groundwater supplies from degradation by on-site sewage disposal systems; and, WHEREAS, the District has studied the impacts of allowing areas outside of the current sphere of influence to discharge into the District's sewerage system; and, 1 WHEREAS, the Board of Directors has been advised that there are approximately 12,500 acres that are outside of Orange County which would naturally drain into the Orange County groundwater basin; and, WHEREAS, said 12,500 acres are projected to generate less than two million gallons per day of wastewater when fully developed; and, WHEREAS, the Board of Directors has also determined that the master- planned facilities for the District can also accommodate the wastewater flows from said areas without causing any adverse impact on the areas in the vicinity of the treatment plants or in the operations of the treatment plants and facilities themselves; and, NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the District adopt, as its policy, that it will approve additional annexations of territory, or approve a service agreement, for territory presently included in the individual District's adopted spheres of influence or which is entitled to receive service pursuant to existing service agreements. Section 2: The District will provide service to territory outside the area described in Section 1, and allow connection to the District's sewerage system to reduce degradation of valuable groundwater in Orange County, provided the following conditions are satisfied: A. Water from the territory would naturally drain into Orange County. B. The Orange County Sanitation District member agency affected by a proposed service agreement, or the development related thereto, must be consulted, and its input considered, prior to the proposed agreement being presented to the Orange County Sanitation District Board of Directors. C. A local government agency executes the service agreement providing for sewerage services and for payment of one-time fees equivalent to annexation fees, connection fees, and an administrative charge, and annual fees equivalent to sewer service fees, properly taxes, and an administrative charge, and any other terms and conditions, all as established by the Board of Directors at the time of approval, or as amended from time-to-time, for said service; and D. The local land use, sewer, or water authority agrees to require connections to the District or other sewage treatment systems, and discourage on-site disposal systems. 2 Section 3: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED at a regular meeting held May 26, 1999. Chair ATTEST: Board Sec tary r^ 3 aw a au. I COUNTY 1 e ✓f mnau W..Ye.. it t� ra.v. '1�•nNu urpl W YW.YO fAAY sm p y0 TIMM WLI l • LOS EL All GEL ES inc� E !rntomem wrtr wrr �T 4NW onlITFS:i3d RIVERSIDE /" COUNTY w 11E,m T �E, r.i 77 I IN f iC .rw'PoflTeFAW �~ e f r ` �r� �1�✓�l�_/"\�- \\)1 LEGEND = C.S.D.O.C. SERVICE AREA S.A.W.P.A. CONTRACT AREA C� 30 MGD MAXIMUM CAPACITY EXHIBIT 'A• SERVICE AREA COUNTY SANITATION DISTRICTS OF ORANGE COUNTY SANDALWOOD MAIMEHAHCE Dletd"=Me.d aY D..agg Do.my 9.aaaDen Dlprl.l NO. 3 San Bernardino County Riverside COUnty u° 13 0� as All p /rif/© Cleveland National Foreel V MY OF" H NAHEIGWS J_�{ 13 ti � t P \ csooc ti 14 o �I a r� m � p�, �l � AWMA \( 11^ 6 5 t D p a a n p e o i l l D LEGEND Courdy Boundary Agan" Boundary -� CSDOC Dl.Dl tt Boundary -- -- City .1 La Hahn Haight. MDutary to CSD a 3 EXHIBIT 'B' Sphere of Infivanoe ORDINANCE NO. OCSD-48 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT AMENDING WASTEWATER DISCHARGE REGULATIONS, AND REPEALING ORDINANCE NO. OCSD-39 OCSD-48-1 CONTENTS ARTICLE 1. GENERAL PROVISIONS............................................................................5 101. PURPOSE AND POLICY................................................................................5 102. DEFINITIONS .................................................................................................7 103. CONFIDENTIAL INFORMATION..................................................................21 104. SALE OR CHANGE OF OWNERSHIP.........................................................22 105. RESERVED..................................................................................................22 106. AUTHORITY.................................................................................................23 107. DELEGATION OF AUTHORITY...................................................................23 108. SIGNATORY REQUIREMENTS...................................................................23 109. RECORD KEEPING REQUIREMENTS........................................................24 ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE.................................................................................................................25 201. PROHIBITED DISCHARGES .......................................................................25 202. PROHIBITION ON DILUTION.......................................................................27 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER................27 204. 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..........................................................30 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES ..30 212. RESERVED..................................................................................................31 213. MASS EMISSION RATE DETERMINATION ................................................31 214. MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS ..............................32 ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES.....33 301. INTRODUCTION ..........................................................................................33 302. CLASS I WASTEWATER DISCHARGE PERMITS ......................................33 303. CLASS II WASTEWATER DISCHARGE PERMITS .....................................40 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS.......................47 305. SPECIAL PURPOSE DISCHARGE PERMITS .............................................49 OCSD-48-2 306. 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 ........................................60 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....................................................................81 611. 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-48-3 619. 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-48-4 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, et sec.), the General Pretreatment Regulations (40 CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000, at 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. NOW,THEREFORE, the Board of Directors of the Orange County Sanitation District does ORDAIN: Section I: Wastewater Discharge Regulations governing the use of OCSD's Sewerage Facilities are hereby restated and amended to provide as follows: ARTICLE 1. GENERAL PROVISIONS 101. PURPOSE AND POLICY This ordinance sets uniform requirements for Users of OCSD's Sewerage Facilities and enables OCSD to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251, et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). 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, OCSD-48-5 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. 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. OCSD-48-6 102. 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 is a corporation: (1) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (2) The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with OCSD-48-7 environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual Wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b) If the applicant or User is a partnership or sole proprietorship: a general partner or proprietor, respectively. c) If the applicant or User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the designee. d) The individuals described in paragraphs (a) through (c) above, as Responsible Officers, may designate an Authorized Representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company or organization, and the written authorization is submitted to OCSD. e) An applicant or User not falling within one of the above categories must designate as the Responsible Officer an individual responsible for the overall operation of the facility. The Responsible Officer may designate an Authorized Representative. 4. Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures, operating procedures, practices to control spillage or leaks, treatment requirements, and other management practices to prevent or reduce pollution or to meet Article 2 standards. Such BMPs shall be considered local 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. OCSD-48-8 6. Board shall mean the Board of Directors of the Orange County Sanitation District. 7. Bypass shall mean the intentional diversion of wastestreams from any portion of a User's treatment facility. 8. Capital Facilities Capacity Charge shall mean the payment of a fee, imposed by the governing Board of OCSD, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; and as a contributive share of the cost of the existing facilities. This charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to OCSD's Sewerage Facilities as a new system User. This charge, which rates are set forth in a separate Ordinance, is expressly authorized by the provisions of California Health & Safety Code Sections 5471 and 5474. 9. Charge For Use shall mean OCSD's sanitary sewer service charge, a charge established and levied by OCSD upon residential, commercial, and industrial Users of OCSD's Sewerage System, pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in 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 OCSD-48-9 the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 13. Code of Federal Regulations (CFR)shall mean the codification of the general and permanent regulations published in the Federal Register by the executive departments and agencies of the federal government. 14. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other Pollutants that OCSD's treatment facilities are designed to accept and/or remove. Compatible Pollutants are non-compatible when discharged in quantities that have an adverse effect on OCSD's Sewerage System or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standards, local 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 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, OCSD-48-10 portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic Wastewater. 22. Domestic Wastewater shall mean the liquid and solid waterborne wastes derived from the ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer or by means of a private disposal system. 23. Downstream Sampling or Monitoring shall mean sampling or monitoring usually conducted in a city or agency owned sewer for the purpose of determining the compliance status of an industrial or commercial Discharger. 24. Dry Weather Urban Runoff shall mean surface runoff flow that is generated from any drainage area within OCSD's service area during a period that does not fall within the definition of Wet Weather. It is surface runoff that contains Pollutants that interfere with or prohibit the recreational use and enjoyment of public beaches or cause an environmental risk or health hazard. 25. Enforcement Compliance Schedule Agreement (ECSA) shall mean a mutual agreement between OCSD and Permittee requiring implementation of necessary Pretreatment practices and/or installation of equipment to ensure permit compliance. 26. Enforcement Response Plan shall mean a plan containing detailed procedures indicating how OCSD will investigate and respond to instances of Industrial User non-compliance in accordance with 40 CFR 403.8(f)(1) or other Users in accordance with OCSD non- compliance procedures. 27. Federal Categorical Pretreatment Standards shall mean any regulation containing Pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of Industrial Users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 28. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 and following, and any regulation promulgated by the United States Environmental Protection Agency under Title 40 CFR implementing that act. OCSD-48-11 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. Indirect Discharge or Discharge shall mean the introduction of Pollutants into a POTW from any non-domestic source regulated under section 307(b), (c) or(d) of the Act. 33. Industrial User shall mean any User that discharges Industrial Wastewater. 34. 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. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed Wastewater generation, conveyance, processing, and disposal facilities. 36. Instantaneous Limit (see the Maximum Allowable Discharge Limit) 37. 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. 38. 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. OCSD-48-12 39. 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. 40. Local Limit shall mean specific discharge limits developed 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). 41. Local Sewering Agency shall mean any public agency or private corporation responsible for the collection and disposal of Wastewater to OCSD's Sewerage Facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 42. Ma or 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. 43. 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. 44. 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. 45. 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-48-13 46. 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. 47. 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. 48. National Pretreatment Standard Pretreatment Standard or Standard shall mean any regulation containing Pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which applies to Industrial Users. This term includes prohibitive discharges and categorical standards established pursuant to 40 CFR 403.5 and 40 CFR 403.6. 49. 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. 50. National Pollutant Discharge Elimination System Permit (NPDES Permit) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in Public Law 92 500, Section 402. 51. New Source shall mean those sources that are new as defined by 40 CFR 403.3(m) as revised. 52. Non-compatible Pollutant shall mean any Pollutant which is not a Compatible Pollutant as defined herein. 53. OCSD shall mean Orange County Sanitation District. OCSD-48-14 54. OCSD's Sewerage Facilities or System shall mean any property belonging to OCSD used in the treatment, reclamation, reuse, transportation, or disposal of Wastewater, or biosolids. 55. 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. 56. 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. 57. Pass Throuah 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. 58. 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. 59. Person shall mean any individual, partnership, copartnership, company, firm, association, corporation or public agency, joint stock company, trust, estate, or any other legal entity; or their legal representatives, agents, assigns, including all federal, state, and local governmental entities. 60. 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); DOE (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; (3- endosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide; dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and parathion. 61. 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. OCSD-48-15 62. Polvchlorinated Biphenvls (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. 63. 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. 64. 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. 65. Pretreatment Reguirements shall mean any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User. 66. 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. 67. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this state. 68. 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. Publicly Owned Treatment Works or POTW shall mean a treatment works as defined by section 212 of the Act, which is owned by a state or municipality (as defined by section 502(4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal Sewage or OCSD-48-16 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. 70. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.) and as amended. 71. 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). 72. 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. 73. Responsible Officer shall mean: a) If the applicant or User is a corporation: (1) The president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or (2) The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making OCSD-48-17 major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual Wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b) If the applicant or User is a partnership or sole proprietorship: a general partner or proprietor, respectively. c) If the applicant or User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or the designee. d) An applicant or User not falling within one of the above categories must designate as the Responsible Officer an individual responsible for the overall operation of the facility. 74. 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. 75. 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. 76. Sanitary Waste shall mean domestic Wastewater, human excrement, and gray water (e.g., water from household showers, dishwashing operations, etc.). 77. Septic Waste shall mean any Sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 78. Service Area shall mean an area for which OCSD has agreed to either provide sewer service, or Wastewater treatment, or Wastewater disposal. 79. Sewage shall mean Wastewater. OCSD-48-18 80. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of Wastewater or sludge or biosolids. 81. 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 40 CFR chapter I, subchapter N; and (ii) Any other Industrial User 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); 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)). 82. 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). 83. 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 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. 84. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or Pretreatment Facility. 85. 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. 86. Special Purpose Use 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. 87. 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-48-19 88. Spill Containment shall mean a protection system installed by the Permittee to prohibit the discharge to the sewer of non-compatible Pollutants. 89. 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. 90. Suspended Solids 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. 91. 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. 92. Total Toxic Organics (TT0) 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. 93. Unpolluted Water shall mean water to which no Pollutant has been added either intentionally or accidentally. 94. 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. 95. 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." 96. 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 OCSD-48-20 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. 97. 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. 98. 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. 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. 100. Working Day shall mean the period of time during which production or operation is taking place or any period during which discharge to the sewer is occurring. 101. Zero Discharge Certification shall mean a control mechanism that is issued by OCSD to insure 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 shall be available to the public and governmental agencies without restriction unless the User specifically requests and is able to demonstrate to the satisfaction of OCSD that the release of such information would divulge information, processes or methods which would be detrimental to the User's competitive position. The demonstration of the need for confidentiality made by the Permittee must meet the burden necessary for withholding such information from the general public under applicable state and federal law. Any such claim must be made at the time of submittal of the information by marking the submittal "Confidential Business Information" on each page containing such information. OCSD-48-21 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) days prior to the sale or change of ownership of any business operating under a permit issued by OCSD, the Permittee shall notify OCSD in writing of the proposed sale or change of ownership. The successor owner shall apply to OCSD for a new permit at least fifteen (15) 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-48-22 106. 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 Codes 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-48-23 personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations:' The statement shall be signed by an authorized representative of the Industrial User as defined in 40 CFR 403.12(I) 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 shown 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-48-24 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. 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 the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is 10% or greater of the lower explosive limit (LEL). 2. Causes obstruction to the flow in the Sewerage Facilities resulting in interference or damage to the Sewerage Facilities. OGSD-48-25 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. 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-48-26 15. Is in excess of the permitted Mass Emission Rates established in accordance with Section 213, 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 Flings, 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 A. No Person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to OCSD's Sewerage Facilities except as provided herein. Pursuant to Section 304 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. B. The discharge of such waters shall require a Dry Weather Urban Runoff Discharge Permit or 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. 204. 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 OCSD-48-27 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. 205. PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT OCSD has the right to control slug discharges, if it is determined to be necessary. All Significant Industrial Users are required to notify OCSD immediately of any changes at their facilities that could affect the potential for a slug discharge. 206. 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. 207. PROHIBITION ON POINT OF DISCHARGE No Person, except Local Sewering Agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any Wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by OCSD upon written application by the User and payment of the applicable fees and charges established therefor. 208. 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. 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 OCSD-48-28 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 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. 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., car wash Wastewater, domestic septage, brine, etc. OCSD-48-29 I. Wastehaulers shall provide a Waste-Tracking Form for every load. This form shall include, at a minimum, the name and address of the industrial Wastehauler, permit number, truck identification, names and addresses of 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. 210. 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 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. 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in compliance with all regulatory requirements at a permitted point of disposal as defined by OCSD or Regulatory Agency with jurisdiction thereof. OCSD-48-30 If the point of disposal is at an OCSD-permitted treatment facility, all Waste-Tracking Forms shall be retained for a minimum of three years by the facility and Wastehauler of said Wastewater, and made available for copying for review upon request. 212. RESERVED 213. 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. 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-48-31 214. 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 LIMITSM CONSTITUENT MILLIGRAMS/LITER 1,4-dioxanehl 1.0 Ammonia Masstat Arsenic 2.0 Biochemical Oxygen Demand (BOD) Masstat 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 (')Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. ai 1,4-diomne is also known as"p-dioximi Pi BOD and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittes's responsibility to report the intended technically-based mass use to OCSD. 01"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." OCSD-48-32 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-48-33 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, 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. 3. Volume of Wastewater to be discharged. OCSD-48-34 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 213, 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 OCSD-48-35 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. 2. Requirements to notify OCSD in writing prior to modification to processes or operations through which Industrial Wastewater may be produced. 3. Location of the User's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards, BMP-based Categorical Pretreatment Standards and/or local 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 Fortes 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-48-36 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. B. New source indirect Dischargers shall be required to install and start up any necessary pollution control equipment before beginning discharge, and OCSD-48-37 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. 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 OCSD-48-38 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 levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among Wastewater charge OCSD-48-39 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 applicable state and federal regulations. OCSD-48-40 C. All Class II Users proposing to discharge directly or indirectly into the OCSD's Sewerage Facilities shall obtain a Wastewater discharge Permit by filing an application pursuant to Section 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. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of Wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by OCSD, including, but not limited to, those mentioned in Section 213, 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. OCSD-48-41 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 non-compatible Pollutants. OCSD-48-42 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. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee OCSD-48-43 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 collection, treatment, and disposal. OCSD-48-44 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 the total annual operation and maintenance funding requirements of the Sewerage System shall be levied at a rate to be determined from OCSD-48-45 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 strength per employee per year. OCSD-48-46 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 AmAication 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 dry weather urban runoff discharge is authorized. OCSD-48-47 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-48-48 304.4 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 Head, OCSD may issue a Letter to Discharge in lieu of a Special Purpose Discharge Permit. OCSD-48-49 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 for those non-compatible Pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required for all constituents contained in the most current Environmental Protection Agency (EPA) "Priority Pollutant" list, excluding asbestos, as listed in Appendix A of 40 CFR 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-48-50 305.3 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-48-51 306. 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 discharge 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 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 capacity of each truck or trailer. 5. A copy of the applicant's valid Orange County Health Care Agency registration, where applicable. C. Other information related to the applicant's business operations and potential discharge may be requested to property evaluate the permit application. OCSD-48-52 D. 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 Discharoe 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 may be subject to modification and change in the sole determination by OCSD during the life of the permit based on: OCSD-48-53 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 shall discharge non-domestic Wastewater to OCSD without obtaining certification. OCSD-48-54 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 as 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; 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 OCSD-48-55 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 local sewering agency after obtaining written permission from OCSD. 309. RESERVED 310. RESERVED OCSD-48-56 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. OCSD-48-57 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-48-58 404. 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). OCSD-48-59 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 Requirements OCSD may require reports for self-monitoring of Wastewater constituents and characteristics of the Discharger needed for determining compliance with any limit or requirements as specified in the User's permit, federal or state regulations, or this Ordinance. The federal Pretreatment regulations at 40 CFR 403.12(g)(3) and (4) contain requirements for collecting samples such as requiring that sampling must be representative of conditions occurring during the reporting period and that grab samples must be collected for certain parameters. These reports include: 1. Baseline Monitoring Reports. a) Within either one hundred eighty(180)days after the effective date of a categorical Pretreatment Standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing Significant Industrial Users subject to categorical Pretreatment Standard(s) currently discharging to or scheduled to discharge to OCSD shall submit to the General Manager a report which contains the information listed in paragraph b), below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Significant Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the General Manager a report which contains the information listed in paragraph c), below. A New Source shall report the method of Pretreatment it intends to use to meet applicable categorical Pretreatment Standards. A New Source also shall OCSD-48-60 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 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 representative sample to compile that data OCSD-48-61 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 (0&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 Standards,the shortest schedule by which the User will OCSD-48-62 provide such additional Pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established 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 applicable categorical Pretreatment Standards, or in the case of a OCSD-48-63 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 otherwise disposed of, would be a hazardous waste under 40 OCSD-48-64 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 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-48-65 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 Manager of any significant changes to the User's operations or system which might alter the nature, quality, or volume of its Wastewater in advance of the change. The notification must be made promptly, but normally within 30 days. In certain cases, this period may be longer. 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. 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 OCSD-48-66 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. 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 OCSD-48-67 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 Samoling 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 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 OCSD-48-68 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 Reguirements All Pollutant analyses, including sampling techniques, to be submitted as part of a Wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the Pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the Pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including 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 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-48-69 501.5 Bypass Prohibition: Notification of Bypass 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. OCSD-48-70 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-48-71 602. DETERMINATION OF NONCOMPLIANCE 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-48-72 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-48-73 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. OCSD-48-74 603.2 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, OCSD-48-75 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-48-76 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 shall give written notice thereof via personal delivery, mail with proof of delivery, or a similar method to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15)calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 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. 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 after the conclusion of the hearing setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he/she find that grounds exist for suspension of the permit, he/she shall issue his/her decision and order in writing within twenty (20) calendar days. 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. C. Effect 1. Upon issuance, an order of permit suspension issued by the General Manager shall be final in all respects. OCSD-48-77 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. 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. OCSD-48-78 11. 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 the revocation of a permit, he/she shall give written notice via personal delivery, mail with proof of delivery, or a similar method thereof to the Permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty five (45) calendar days after the mailing of such notice. 1. At the hearing, the Permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager within thirty(30) calendar days setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 3. Upon receipt of the written report, the 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. 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. OCSD-48-79 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. 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 resampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The Permittee shall pay a non-compliance resampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. OCSD-48-80 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, OCSD shall annually cause to be published the names of all Industrial Users in significant non-compliance. Upon a minimum of a thirty (30) day notification to the User, said publication shall be made in a newspaper(s) of OCSD-48-81 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 of the Emergency Suspension Order. Such a hearing shall not stay the OCSD-48-82 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 403.6, at 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 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901, at seq.); and (5) California Government Code, Sections 54739-54740. B. Recovery of Fines or Penalties In the event 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 to recover from the User all costs and expenses, including, but not limited OCSD-48-83 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, 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 the allegations set forth in the administrative complaint by presenting OCSD-48-84 written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by OCSD's General Counsel. 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager within thirty(30) calendar days setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 5. Upon receipt of the written report, the 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. 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 prohibition issued, reissued, or adopted by OCSD; OCSD-48-85 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 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 OCSD-48-86 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 or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, the General Manager shall make his/her determination and shall issue his/her decision and order within thirty (30) OCSD-48-87 calendar days of the hearing by his/her designee. Upon issuance, the order of the General Manager shall be final in all respects. The written decision and order of the General Manager shall be sent via personal delivery, mail with proof of delivery, or a similar method to the appellant or its legal counsel/representative at the appellant's business address. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty six(46)days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of $1,000.00; and 2. A penalty of one and one-half percent (1.5%) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed. 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. 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 OCSD-48-88 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 its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit. OCSD-48-89 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: 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. OCSD-48-90 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. 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-48-91 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-48-92 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-48-93 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, 2016. Section III: Repeal. Ordinance No. OCSD-39 is hereby repealed. Section IV: The Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by the Board of Directors of the Orange County Sanitation District at a Regular Meeting held the 24th day of February, 2016. ��?a John Nielsen Chair, Board of Directors Orange County Sanitation District OCSD-48-94 ATTEST: (Q�& IAV�� Kell A. re Cie of a Board Orange ounty Sanitation District Bradi y R. Ffogin, General Counsel OCSD-48-95 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-48 was introduced for first reading at a regular meeting of said Board on the 24th day of February 2016, and passed and adopted at a regular meeting of said Board on the 24th day of February, 2016, by the following vote, to wit: AYES: Beamish; Choi; Curry; Deaton; Jones; Katapodis; Kiley; Kim; Kring; Krippner (Alternate); Mills; M. Murphy (Alternate); R. Murphy; Nagel; Nielsen; Ooten (Alternate); Sebourn; Shawver; F. Smith; Steel; Tinajero; Wanke; and Yarc NOES: None ABSTENTIONS: None ABSENT: Parker and Withers IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Ora ge County Sanitation District this 24th day of February, 2016. Ke ly e Clerk of t Board Orange C unty Sanitation District OCSD-48-96 AGREEMENT RELATING TO IRVINE RANCH WATER DISTRICT LOS ALISOS AREA AND INCLUSION OF FLOWS IN REVENUE AREA 14 FLOW CALCULATIONS THIS AGREEMENT is made and entered into, to be effective this day of , 2017,by and between ORANGE COUNTY SANITATION DISTRICT, a County Sanitation District,hereinafter referred to as "OCSD,"and IRVINE RANCH WATER DISTRICT,hereinafter referred to as "IRWD." RECITALS WHEREAS, OCSD is a duly organized County Sanitation District, existing pursuant to the County Sanitation District Act, California Health& Safety Code Sections 4700 or seq., providing for the ownership, operation, and maintenance of sewage collection,treatment, and disposal facilities; and WHEREAS, IRWD is organized and existing pursuant to the California Water District Law, California Water Code Section 34000 or seq.,and also owns,operates,and maintains sewage collection,treatment,recycling and disposal facilities pursuant to powers granted by such Law; and WHEREAS, OCSD has established and maintains two(2) separate Revenue Areas,the Consolidated Revenue Area(CRA) and Revenue Area 14 (RA 14), to provide for, among other things, segregated accounting of revenues and expenses; and WHEREAS,RA14 is entirely within IRWD's jurisdictional boundaries,and within said boundaries IRWD provides local sewage collection service and delivers a portion of the sewage collected within IRWD's service area to OCSD's trunk sewer and treatment plant facilities for 1 1213387.3 treatment and disposal,pursuant to the terms and conditions of those certain agreements between IRWD and OCSD,as the successor to County Sanitation District No. 14 of Orange County ("RA14 Agreements"); and WHEREAS,the RA 14 Agreements provide for IRWD's use and funding of capacity and ownership equity on the basis of OCSD's annual integration adjustment and Capital Outlay Revolving Fund("CORF")-sharing formulas,utilizing flows generated within RA14; and WHEREAS, RA14 encompasses the portions of IRWD's service area from which sewage flows are diverted to OCSD's regional treatment facilities or are capable of being discharged either to IRWD's Michelson Water Recycling Plant("MWRP") or OCSD's regional treatment facilities, and through RA14 and OCSD hank sewers, OCSD conveys to its regional treatment and disposal facilities the sewage flows from the portion of the IRWD service area that are in excess of the amount of sewage IRWD delivers to MWRP; and WHEREAS, OCSD, in partnership with Orange County Water District, is engaged in the indirect potable reuse of sewage through the Ground Water Replenishment System,and the treated effluent tributary to the Ground Water Replenishment System,including all sewage and urban runoff diversions from RA14, is subject to advanced source control requirements to limit substances that would render the sewage unsuitable for subsequent indirect potable reuse; and WHEREAS, IRWD is prohibited from bringing sewage into OCSD's service area that may reach OCSD's facilities,directly or indirectly,without OCSD authorization; and WHEREAS, IRWD's service territory also includes areas that discharge sewage to IRWD's Los Alisos Water Recycling Plant("LAWRP")and/or other treatment facilities, as depicted in Exhibit"A,"attached hereto and incorporated herein by this reference(the"Los Alisos Area"); and 2 1213387.3 WHEREAS, IRWD currently is not authorized to discharge from LAWRP to MWRP via the San Diego Creek Interceptor Sewer, since this flow originates from outside of OCSD's service area; and WHEREAS,more particularly,the Los Alisos Area includes the following subareas, depicted in Exhibit"A," attached hereto and incorporated herein by this reference: • Portion of Portola Hills ("Area 1")—flows were delivered by a lift station to Santa Margarita Water District's Chiquita Water Recycling Plant. IRWD has removed the lift station and constructed a gravity sewer that conveys Area 1 flows to MWRP; • Portion of Baker Ranch("Area 2")—when Area 2 is developed, flows from a portion of the area will be tributary to MWRP,and flows from the remainder will be tributary to LAWRP; • The former Los Alisos Water District(LAWD) service area, consolidated with IRWD on December 31, 2000,with IRWD as the consolidated successor district, ("Area 3")—flows are tributary to LAWRP,but could also be delivered to MWRP with system modifications; and WHEREAS,Areas 1, 2 and 3 of the Los Alisos Area are located outside of,but in close proximity to,the jurisdictional boundary of OCSD, and to provide for discharge capability from areas outside the OCSD boundary to RA14,an out-of-area service agreement is required between IRWD and OCSD; and WHEREAS, OCSD and IRWD intend to set forth the terms and conditions for an out-of- area service agreement that will initially cover Areas 1 and 2 (referred to hereafter as the "Included Area"); and WHEREAS, IRWD does not intend to send sewage, treated sewage or solids from Area 3 to MWRP, or by extension to OCSD facilities at this time; and WHEREAS,because the flows to RA14 from the Included Area,as measured through the 3 1213387.3 Main Street Flume as sewage or diverted solids, constitute flows that are tributary to MWRP,the Parties have determined that the formula adjustment of flows to highest-four-months, specified in the RA 14 Agreements for purposes of calculating IRWD's annual integration adjustment and CORF-sharing allocation, shall be applicable to flows from the Included Area conveyed to the RA14 and OCSD regional collection,treatment and disposal facilities; AGREEMENT NOW,THEREFORE, in consideration of the mutual promises set forth herein,the parties hereto agree as follows: Section 1: Out of Area Service. OCSD and IRWD agree that the Included Area shall receive out-of-area service from OCSD under the terms and conditions of this Agreement. At the effective date of this Agreement, the Included Area shall consist of Area 1 and Area 2 only. Area 3 is specifically excluded from this Agreement at this time and flows from Area 3 will not be allowed to be conveyed to RA 14 or by extension to MWRP as these flows of sewage and sludge would be tributary to OCSD. Section 2: Delivery to RA14 and OCSD. OCSD agrees to IRWD's connection of its sewage collection systems serving the Included Area to IRWD's trunk sewer system having the capability of delivering flows to RA14 and OCSD facilities for conveyance,treatment and disposal. Section 3: Addition of Included Areas Flows to RA14 Flows. For purposes of determining the RA14 share of the OCSD CORF and operation and maintenance costs, RA14 will be charged for flows and/or solids delivered from the Included Area to OCSD's regional trunk sewer system in the same manner as for other RA14 flows measured at the Main Street Flume,pursuant to the RA14 Agreements. This flow information shall be displayed via the 4 1213387.3 Monthly Gallonage Summary Report that is generated by OCSD. Section 4: Inclusion in RA 14 Cost Sharing To Be In Lieu of OCSD Charges. In consideration of the application of the funding obligations with respect to the Los Alisos Area flows as described in Section 2, no capital facilities charges, connection charges or other charges shall be owed to OCSD for the Included Area. Section 5: Industrial Waste Monitoring. The parties agree that Area 1 and 2 shall, upon becoming an Included Area,be subject to the Memorandum of Understanding between County Sanitation District No. 14 of Orange County, California and Irvine Ranch Water District Governing Industrial Waste Program Administration,dated February 11, 1987. All Class 1, Class 2,Urban Runoff,and Special Purpose Dischargers shall obtain permits from OCSD per OCSD Ordinance 48,which may be amended from time to time. IRWD and OCSD shall bring the Included Area into permit compliance within 120 days of the effective date of this Agreement. All OCSD permit fees and charges shall be billed to IRWD as any RA14 permit would be billed. IRWD shall collect any user fees directly from customers. Section 6: Termination. This agreement shall terminate three years after the effective date. This term will allow for the lawful conveyance of sewage from the Included Area while the Parties work to agree on a longer-term plan for the service provision to the Los Alisos Area. The Parties acknowledge their mutual intention that the longer-term plan will be implemented by seeking annexation of the Included Area to OCSD, along with OCSD's administrative inclusion of the Included Area in RA14. The Parties agree to work diligently and in good faith to pursue such actions as expeditiously as possible. IRWD agrees to serve as the applicant to the Local Agency Formation Commission for the annexation of the Included Area to OCSD. Section 7: Entire Agreement. This instrument contains the entire agreement between 5 1213387.3 the parties relating to the rights herein granted and the obligations herein assumed. IN WITNESS WHEREOF,this Agreement has been executed in duplicate in the names of the respective Districts by their duly authorized officers, effective as of the day and year first above written. ORANGE COUNTY SANITATION DISTRICT By Gregory C. Seboum,PLS Chair, Board of Directors By Kelly A. Lore, CMC Clerk of the Board APPROVED AS TO FORM: BRADLEY R. HOGIN, DISTRICT COUNSEL By IRVINE RANCH WATER DISTRICT By General Manager By Secretary APPROVED AS TO FORM: BOWIE,ARNESON, WILES &GIANNONE By 6 1213387.3 .`� O IRWD GgNTIAGO CANYON Outut of Area �.� Service Agreement IRWD Los Alisos Area AXi12017 Area.3 V Area 1 / 00 w PORTOLA O�ystP MpP CLiO y�SSP ae r S A . 2 OIVMPIAD c A O? �O N Area 3 € e ° o� I F° �NF II T I TOLE00 � \ BARRgryc y� NAM° H � Legend / - Sewer Service Area Mp ° R�NOG _ Area 1 -Portola Hills ® Area 2-Baker Ranch — Area 3-IRWD/SOCWA — Area 3-TCWD/SOCWA ROD ggE�G IRWD/OCSD SOT IRVINE GENTEP �- AVEN1 ADEIq GARLOT +�s 0 0.3 0.6 9 Milos x�w....a�c� �n�n.,cra occo_o.wa..s.m®LLr_ocso_-7m .,...d ORANGE COUNTY SANITATION DISTRICT Agenda Terminology Glossary Glossary of Terms and Abbreviations AQMD Air Quality Management District ASCE American Society of Civil Engineers BOD Biochemical Oxygen Demand CARB California Air Resources Board CASA California Association of Sanitation Agencies CCTV Closed Circuit Television CEQA California Environmental Quality Act CIP Capital Improvement Program CRWQCB California Regional Water Quality Control Board CWA Clean Water Act CWEA California Water Environment Association EIR Environmental Impact Report EMT Executive Management Team EPA U.S. Environmental Protection Agency FOG Fats, Oils, and Grease gpd Gallons per day GWR System Groundwater Replenishment System (also called GWRS) ICS Incident Command System IERP Integrated Emergency Control Plan LOS Level of Service MGD Million Gallons per Day NACWA National Association of Clean Water Agencies NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute O&M Operations and Maintenance OCCOG Orange County Council of Governments OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCWD Orange County Water District COBS Ocean Outfall Booster Station OSHA Occupational Safety and Health Administration PCSA Professional Consultant Services Agreement PDSA Professional Design Services Agreement POTW Publicly Owned Treatment Works ppm Parts per million PSA Professional Services Agreement Glossary of Terms and Abbreviations RFP Request For Proposal RWQCB Regional Water Quality Control Board SARFPA Santa Ana River Flood Protection Agency SARI Santa Ana River Inceptor SARWQCB Santa Ana Regional Water Quality Control Board SAWPA Santa Ana Watershed Project Authority SCADA Supervisory Control and Data Acquisition system SCAP Southern California Alliance of Publicly Owned Treatment Works SCAQMD South Coast Air Quality Management District SOCWA South Orange County Wastewater Authority SRF State Revolving Fund SSMP Sanitary Sewer Management Plan SSO Sanitary Sewer Overflow SWRCB State Water Resources Control Board TDS Total Dissolved Solids TMDL Total Maximum Daily Load TSS Total Suspended Solids WDR Waste Discharge Requirements WEF Water Environment Federation WE&RF Water Environment& Reuse Foundation WIFIA Water Infrastructure Financing and Innovation Act WIIN Water Infrastructure Improvements for the Nation Act 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 farm land or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. Glossary of Terms and Abbreviations 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. coil 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 (DIT) — the dilution at which the majority of the people detect the odor becomes the D/T for that air sample. Greenhouse gases — In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming ("greenhouse effect'). Groundwater Replenishment (GWR) System — A joint water reclamation project that proactively responds to Southern California's current and future water needs. This joint project between the Orange County Water District and the Orange County Sanitation District provides 70 million gallons a day of drinking quality water to replenish the local groundwater supply. Levels of Service(LOS)—Goals to support environmental and public expectations for performance. NDMA — N-Nitrosodimethylamine is an N-nitrosoamine 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 (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S. Environmental Protection Agency (EPA). NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation in order 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)— 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 run-off. Glossary of Terms and Abbreviations 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. OCSD's service area is in the Santa Ana River Watershed.