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Home My WebLink About09-23-2009 Board Agenda Packet AGENDA BOARD OF DIRECTORS ORANGE COUNTY SANITATION DISTRICT ADMINISTRATIVE OFFICE REGULAR MEETING September 23, 2009 — 6:30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE (Los Alamitos —Troy Edgar) ROLL CALL PUBLIC COMMENTS REPORTS: The Chair, General Manager and General Counsel 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. 1. Ratifying payment of claims of the District, by roll call vote, as follows: ALL DISTRICTS 08/15/09 08/31/09 Totals $ 18,083,506.11 $ 13,924,142.64 DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. CONSENT CALENDAR (2 -4) Consideration of motion to approve all agenda items appearing on the Consent Calendar not specifically removed from same, as follows: 2. Approve the minutes for the regular meeting held on August 26, 2009, to be filed and deemed approved, as mailed. 09/23/09 Page 2 3. a) Approve a budget Increase of$153,000 for a total project budget not to exceed $983,000 for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2- 41-6; b) Approve Plans and Specifications for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2-41-6, on file at the office of the Clerk of the Board; c) Receive and file bid tabulation and recommendation; d) Award a contract to Jamison Engineering Contractors, Inc. for Santa Ana River Interceptor 2009-10 Protection Repairs, Contract No. 2-41-6 (Specification No. FR-2009- 433BD) for an amount not to exceed $552,244.70; and, e) Approve a contingency of$55,225 (10%). 4. Adopt Resolution No. 09-13, Encouraging the Orange County Board of Supervisors to expedite the Certification of the Environmental Impact Report for the Realignment and Protection of the Santa Ana River Interceptor. STEERING COMMITTEE (5) 5. Order Steering Committee Minutes for the regular meeting held on August 23, 2009 to be filed. OPERATIONS COMMITTEE (6 — 11) 6. Order Operations Committee minutes for the meeting held on September 2, 2009 to be filed. 7. Approve a budget amendment in the amount of$137,518 for Rehabilitation of District Siphons, Contract No. 2-68, for a total budget of$8,141,518. 8. a) Approve a Budget increase of$516,000 for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total budget amount of$11,025,000; and b) Approve a contingency increase of$176,550 (3%) to the construction contract with Norm A. Olsson Construction, Inc., for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total contingency of$470,800 (8%). 9. Approve a reduction in retention to not less than 1% ($282,715) of the total contract amount for the Construction Contract with J. F. Shea Construction, Inc. for Ellis Avenue Pump Station Construction, Contract No. 1-10B. 10. Approve a Quitclaim Grant of Property Rights in Sewer Pipeline and Assignment of Accompanying Easement Rights from Orange County Sanitation District to the Costa Mesa Sanitary District, in the amount not to exceed $1,300,000, in a form approved by General Counsel. 09/23/09 Page 3 11. a) Authorize the General Manager to issue a Request for Proposal for Design-Build Services to the three most qualified firms for Rehabilitation of Magnolia Trunk Sewer, Contract No. 3-58; and, b) Authorize the General Manager to negotiate a Design-Build Contract Agreement for said project with the Design-Build firm providing "best value," as defined by the Public Contract Code, to be awarded by the Board of Directors at a future meeting. ADMINISTRATION COMMITTEE (12 - 13) 12. Order Administration Committee minutes for the regular meeting held on September 2, 2009 to be filed. 13. Authorize the General Manager to issue Refunding Certificates of Participation, Series 2009B, in one-year fixed-rate certificate anticipation notes in an amount not to exceed $181 million to replace the $176 million Refunding Certificates of Participation, Series 2008C certificate anticipation notes maturing in December 2009. GWR SYSTEM STEERING COMMITTEE (14) 14. Approve Joint Groundwater Replenishment System Steering Committee minutes for the meeting held on August 10, 2009, to be filed. NON-CONSENT CALENDAR (15 - 16) 15. Approve an Out of Service Area Sewer Service and Connection Agreement with the Board of Water Commissioners of the City of Long Beach to accept sewage flow from the Haynes Generating Station, in a form approved by General Counsel. 16. Ordinance No. OCSD-39, An Ordinance of the Board of Directors of Orange County Sanitation District, Establishing Wastewater Discharge Regulations, Revising Article 1, Section 104, and Repealing Ordinance No. OCSD-37. a. Open public hearing 1. Receive and file written comments, if any 2. Verbal reports of staff 3. Directors' questions 4. Public comments b. Close public hearing C. Discussion by Board of Directors d. Recommended actions: 1. Motion to read Ordinance No. OCSD-39 by title only and waive reading of said entire ordinance. 09/23/09 Page 4 2. Motion to adopt Ordinance No. OCSD-39, An Ordinance of the Board of Directors of Orange County Sanitation District, Establishing Wastewater Discharge Regulations, Revising Article 1, Section 104, and Repealing Ordinance No. OCSD-37. CLOSED SESSION (17) 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 or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9, 54957 or 54957.6, as noted. Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time as the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. Convene in closed session, if necessary 17. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957(b)(1)) Title: General Manager Reconvene in regular session Consideration of action, if any, on matters considered in closed session OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY ADJOURNMENT -The next Board of Directors regular meeting is scheduled for October 28, 2009, at 6:30 p.m. 09/23/09 Page 5 Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative offices 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 all, of the members of District's Board, are available for public inspection in the office of the Clerk of the Board, located at 10844 Ellis Avenue, Fountain Valley, California. Items Not Posted: In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion and/or action, it will be done in compliance with Section 54954.2(b)as an emergency item or because there is a need to take immediate action,which need came to the attention of the Board subsequent to the posting of agenda, or as set forth on a supplemental agenda posted in the manner as above, not less than 72 hours prior to the meeting date. Public Comments: Any member of the public may address the Board of Directors on specific agenda items or matters of general interest. As determined by the Chair, speakers may be deferred until the specific item is taken for discussion and remarks may be limited to three minutes. Matters of interest addressed by a member of the public and not listed on this agenda cannot have action taken by the Board of Directors except as authorized by Section 54954.2(b). If you wish to speak, please complete a Speaker's Form (located at the table outside of the Board Room)and give it to the Clerk of the Board. Consent Calendar:All matters placed on the Consent Calendar are considered as not requiring discussion or further explanation and unless any particular item is requested to be removed from the Consent Calendar by a Director, staff member or member of the public in attendance, there will be no separate discussion of these items. All items on the Consent Calendar will be enacted by one action approving all motions, and casting a unanimous ballot for resolutions included on the consent calendar. All items removed from the Consent Calendar shall be considered in the regular order of business. Members of the public who wish to remove an item from the Consent Calendar shall, upon recognition by the Chair, state their name, address and designate by number the item to be removed from the Consent Calendar. The Chair will determine if any items are to be deleted from the Consent Calendar. Items Continued: Items may be continued from this meeting without further notice to a Committee or Board meeting held within five(5)days of this meeting per Government Code Section 54954.2(b)(3). Meeting Adjournment: This meeting may be adjourned to a later time and items of business from this agenda may be considered at the later meeting by Order of Adjournment and Notice in accordance with Government Code Section 54955(posted within 24 hours). Accommodations for the Disabled: The Board of Directors Meeting Room is 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)593-7130 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type of accommodation requested. NOTICE TO DIRECTORS: To place items on the agenda for the Regular Meeting of the Board of Directors, items shall be submitted to the Clerk of the Board no later than the close of business 14 days preceding the Board meeting. The Clerk of the Board shall include on the agenda all items submitted by Directors, the General Manager and General Counsel and all formal communications. General Manager James D. Ruth (714)593-7110 iruth(cDocsd.com Assistant General Manager Bob Ghirelli (714)593-7400 rghirelli(aDocsd.com Clerk of the Board Penny Kyle (714)593-7130 pkvle(a)ocsd.com Director of Engineering Jim Herberg (714)593-7300 iherberg(o-)ocsd.com Director of Fin. &Admin Services Lorenzo Tyner (714)593-7550 ItynerC@ocsd.com Director of Operations& Nick Arhontes (714)593-7210 narhontesCcDocsd.com Maintenance Director of Technical Services Ed Torres (714)593-7080 etorresC@ocsd.com :...General Counsel.............................................Brad Hog!n......................................�714)415-1006......bhogin@wss-law.com.................................. H:\dept\agenda\Board Agendas\2009 Board Age ndas\092309.draft agenda.docx BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 09/23/09 AGENDA REPORT Item Number Item Number I Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: PAYMENT OF CLAIMS OF THE ORANGE COUNTY SANITATION DISTRICT GENERAL MANAGER'S RECOMMENDATION Ratify Payment of Claims of the District by Roll Call Vote. CONFLICT OF INTEREST NOTIFICATION Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 received in the past twelve months from any party to a contract involving the Orange County Sanitation District. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with the District. In general, you must disclose the basis of the conflict by identifying the name of the firm or individual who was the contributor. For the specifics of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION See attached listing. ATTACHMENTS 1. Copies of Claims Paid reports from 08/01/09 - 08/15/09 and 08/16/09 - 08/31/09 Pagel Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Accounts Payable Warrants Absolute Standards, Inc. 23321 $ 450.00 Laboratory Services&Supplies ACCU Sludge 23322 667.74 Laboratory Services&Supplies AECOM Technical Services, Inc. 23499 181,001.75 Professional Services/Engineering Design Services Agilent Technologies, Inc. 23323 2,077.40 Laboratory Services&Supplies Agilent Technologies, Inc. 23516 83.99 Laboratory Services&Supplies Air Industries Company,A PCC 23478 535.00 Lab Fee Refund Airgas Safety, Inc. 23324 3,642.08 Safety, Security, Health Equipment,Supplies,and Services Airgas Safety, Inc. 23517 2,451.37 Safety, Security, Health Equipment,Supplies,and Services Airgas West 23325 4,663.22 Laboratory Services&Supplies Amazing Tents&Events 23479 921.00 Employee Activity-Bring Your Kid to Work 8/19/09 American Management Association, Inc. 23518 2,095.00 Professional Organizations Meeting/Training/Memberships American Red Cross 23519 400.00 Professional Organizations Meeting/Training/Memberships Amtech Elevator Services 23326 1,400.00 Miscellaneous Services Applied Industrial Technology 23520 259.96 Repair&Maintenance Services and/or Supplies Aquatic Biosystems, Inc. 23327 368.50 Laboratory Services&Supplies Archie Ivy, Inc. 23328 4,388.00 Facilities, Maintenance,Services&Supplies Archie Ivy, Inc. 23521 4,162.00 Facilities, Maintenance,Services&Supplies ASIS International 23329 437.00 Books and Publications AT&T 23320 232.39 Telecommunications AT&T Mobility II, L.L.C. 23330 50.96 Telecommunications AT&T Universal Biller 23522 5,831.94 Telecommunications Auto Chlor System of Washington, Inc. 23684 2,628.50 Reconciliation User Fee Refund Program Auto Shop Equipment Co., Inc. 23523 7,047.23 Autos,Trucks&Marine Equipment, Parts,Accessories&Services AWWA 23331 31.45 Professional Organizations Meeting/Training/Membership Basic Chemical Solutions, L.L.C. 23332 11,633.76 Chemicals,Water/Wastewater Treatment Battery Specialties 23524 4,850.23 Batteries,Various Bavco 23333 379.75 Repair&Maintenance Services and/or Supplies BC Wire Rope&Rigging 23334 30.88 Tools&Supplies Beach Wire and Cable 23525 362.13 Computers, Software/Hardware Bee Man Pest Control, Inc. 23526 445.00 Pest Control Services Ben Meadows Company, Inc. 23335 28.25 Laboratory Services&Supplies Bennett Bowen Lighthouse 23527 2,765.83 Electrical/Electronic Equipment, Parts&Repairs Bernardo DeAnda 23473 673.54 Meeting/Training Expense Reimbursement Blue Cross of California 23500 544,894.78 Employee Benefits Bondlogistix L.L.C. 23336 3,750.00 Professional Financial Services Bootworld 23337 955.03 Safety, Security, Health Equipment,Supplies,and Services BP Energy Company 23528 10,519.73 Natural Gas Brown&Caldwell 23529 8,439.30 Professional Services/Engineering Design Services Butier Engineering, Inc. 23501 101,319.64 Professional Services/Engineering Design Services California Barricade Rentals 23339 770.00 Miscellaneous Services California Business Bank 23674 10,791.01 Construction, Retention California Dept.of Child Support 23530 1,734.90 Judgments Payable California Municipal Treasurers Assoc. 23340 250.00 Professional Organizations Meeting/Training/Membership California Relocation Services, Inc. 23341 157.50 Miscellaneous Services-Moving/Relocation California Special District Association 23542 375.00 Professional Organizations Meeting/Training/Memberships Caltrol, Inc. 23342 1,118.59 Electrical/Electronic Equipment, Parts&Repairs Calvary Chapel of Costa Mesa 23480 590.62 Reconciliation User Fee Refund Program Cambridge Isotope Labs 23343 332.58 Laboratory Services&Supplies EXHIBIT A fin/210/Ic Page 1 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Camp Dresser&McKee, Inc. 23344 9,295.71 Professional Services/Engineering Design Services Camp Dresser&McKee, Inc. 23531 20,876.24 Professional Services/Engineering Design Services Carl Warren&Co. 23532 190.25 Professional Services-Workers'Compensation Carollo Engineers 23533 1,220.81 Professional Services/Engineering Design Services Carrier Sales&Distribution,L.L.C. 23345 208.80 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 23346 2,239.25 Repair&Maintenance Services and/or Supplies Cavanaugh Machine Works 23534 500.00 Repair&Maintenance Services and/or Supplies Charles P.Crowley Co. 23347 4,511.42 Repair&Maintenance Services and/or Supplies Christina M.Thomas 23680 410.61 Meeting/Training Expense Reimbursement Circle, Inc. 23348 2,544.54 Copier Toner/Ink Supplies Circle, Inc. 23535 1,847.44 Copier Toner/Ink Supplies City National Bank 23311 122,565.70 Construction, Retention City of Fullerton 23481 1,827.77 Reconciliation User Fee Refund Program City of Huntington Beach 23575 11.29 Water Use City of Newport Beach 23338 3,346.85 Reconciliation User Fee Refund Program Coastal Training Technologies 23349 9,950.00 Web-Based Safety Training Commercial Transportation Services 23350 2,374.40 On-Site Training Compressor Components of California 23536 3,040.00 Repair&Maintenance Services and/or Supplies Computer Protection Technology, Inc. 23537 1,997.25 Electrical/Electronic Equipment, Parts&Repairs Condenser&Chiller Services, Inc. 23538 9,912.87 Repair&Maintenance Services and/or Supplies Consumers Pipe&Supply Co. 23351 26.43 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 23352 274.35 Repair&Maintenance Services and/or Supplies Corporate Image Maintenance, Inc. 23301 35,920.00 Janitor&Household Service&Supplies Council on Education in Management 23353 1,045.00 Professional Organizations Meeting/Training/Membership County of Orange Auditor Controller 23482 570.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 23483 315.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 23484 300.00 Governmental Agency Fees&Charges County of Riverside 23539 190.00 Governmental Agency Fees&Charges for Training Court Order 23591 150.00 Judgments Payable Court Order 23598 225.00 Judgments Payable Court Order 23672 912.50 Judgments Payable CR&R, Inc. 23354 1,822.68 Waste Disposal Crane Veyor Corp. 23540 327.00 Repair&Maintenance Services and/or Supplies CS-AMSCO 23355 3,726.72 Repair&Maintenance Services and/or Supplies CS-AMSCO 23541 9,240.66 Repair&Maintenance Services and/or Supplies Culligan of Orange County 23356 56.70 Repair&Maintenance Services and Supplies CWEA Membership 23357 132.00 Professional Organizations Meeting/Training/Membership CWEA Specialty Conference 23543 200.00 Professional Organizations Meeting/Training/Memberships DAC(Digital Assurance Certification) 23544 1,500.00 Professional Services/Financial Dale O. Henderson 23676 464.85 Meeting/Training Expense Reimbursement Dalkel Enterprises, Inc. 23485 2,320.92 Reconciliation User Fee Refund Program Dapper Tire Co. 23358 619.78 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Dapper Tire Co. 23545 2,324.37 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Data Clean Corporation 23546 1,075.00 Repair&Maintenance Services and/or Supplies David's Tree Service 23359 6,700.00 Groundskeeping De Guelle&Sons Glass Co. 23360 2,368.65 Repair&Maintenance Services and/or Supplies Delta Dental 23502 66,086.75 Employee Benefits Donald Jones 23486 2,738.79 Reconciliation User Fee Refund Program Double D Painting 23547 3,965.00 Painting Services EXHIBIT A fin/210/Ic Page 2 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Dudek&Associates, Inc. 23361 2,730.95 Professional Services/Engineering Design Services Dudek&Associates, Inc. 23548 10,301.15 Professional Services/Engineering Design Services Dunn-Edwards Corporation 23362 109.31 Painting Services and Supplies EEOC 23363 638.00 Professional Organizations Meeting/Training/Membership Electro Numerics 23549 4,332.97 Electrical/Electronic Equipment, Parts&Repairs Electronic Balancing Co. 23364 235.00 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists, Inc. 23550 11,589.68 Reimbursed Prepaid Employee Medical&Dependent Care Enchanter, Inc. 23365 5,130.00 Vessel Services-Monitoring Vessel Nerissa ENS Resources, Inc. 23551 7,500.00 Professional Services-Federal Advocacy Environmental Compliance Inspection Svice. 23366 1,000.00 Miscellaneous Services Environmental Resource Associates 23552 1,107.58 Laboratory Services&Supplies Environmental Sampling Supply, Inc. 23553 463.74 Laboratory Services&Supplies Environmental Water Solutions, Inc. 23554 5,953.85 Repair&Maintenance Services and/or Supplies Equipment Specialties Co. 23555 4,962.17 Electrical/Electronic Equipment, Parts&Repairs Ewing Irrigation 23367 394.91 Landscape Irrigation Parts&Supplies Ewing Irrigation 23556 512.46 Landscape Irrigation Parts&Supplies Excel Door&Gate Company, Inc. 23557 2,689.00 Repair&Maintenance Services and/or Supplies Expert Infocad Corporation 23558 765.00 Computer Applications&Services Far East National Bank 23512 363,469.99 Construction, Retention Fedex Corporation 23559 18.62 Freight Services Ferguson Waterworks 23368 760.76 Repair&Maintenance Services and/or Supplies Fisher Scientific 23369 2,251.91 Laboratory Services&Supplies Fisher Scientific 23560 2,046.79 Laboratory Services&Supplies FLW, Inc. 23370 106.62 Electrical/Electronic Equipment, Parts&Repairs Fountain Valley Paints, Inc. 23561 63.08 Painting Services and Supplies Franchise Tax Board 23562 50.00 Governmental Agency Fees&Charges Frys Electronics 23371 295.71 Computers,Software/Hardware Frys Electronics 23563 318.21 Computers, Software/Hardware Fuseco, Inc.aka Calif. Fuse, Inc. 23372 348.57 Electrical/Electronic Equipment, Parts&Repairs Galbraith Laboratories, Inc. 23373 2,835.75 Outside Lab Services Gallade Chemical, Inc. 23374 1,023.11 Chemicals,Water/Wastewater Treatment Garratt Callahan Company 23564 5,138.32 Chemicals,Water/Wastewater Treatment Glens Alignment&Brake Service 23565 515.05 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Golden West Corp. 23375 11,230.00 Facilities, Maintenance,Services&Supplies Google, Inc. 23566 800.00 Computer Applications&Services Grainger, Inc. 23376 2,970.62 Repair&Maintenance Services and/or Supplies Grainger, Inc. 23567 3,157.30 Repair&Maintenance Services and/or Supplies Graybar Electric Company 23568 4,464.47 Electrical/Electronic Equipment, Parts&Repairs Great Western Sanitary Supplies 23377 280.31 Janitor&Household Service&Supplies Great Western Sanitary Supplies 23569 384.75 Janitor&Household Service&Supplies GTE.NET, L.L.C. (Verizon Online) 23570 99.99 Telecommunications Hach c/o Ponton Industries 23378 798.20 Laboratory Services&Supplies Hach c/o Ponton Industries 23571 621.99 Laboratory Services&Supplies Hampton Tedder Technical Services 23572 14,845.00 Professional Services/Engineering Design Services Harrington Industrial Plastics, Inc. 23379 2,083.22 Repair&Maintenance Services and/or Supplies Hartzell Fan, Inc. 23380 4,867.97 Repair&Maintenance Services and/or Supplies HDR Engineering, Inc. 23503 210,157.13 Professional Services/Engineering Design Services Health Science Associates 23381 600.10 Safety, Security, Health Equipment,Supplies,and Services Hill Brothers 23382 1,822.83 Chemicals,Water/Wastewater Treatment EXHIBIT A fin/210/Ic Page 3 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Hill Brothers 23504 192,464.62 Chemicals,Water/Wastewater Treatment Home Depot 23383 3,235.07 Miscellaneous Parts and Supplies Home Depot 23573 753.36 Miscellaneous Parts and Supplies Huan Hoang Nguyen 23679 734.15 Meeting/Training Expense Reimbursement Hub Auto Supply 23384 17.57 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Hub Auto Supply 23574 1,271.04 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Idexx 23385 2,697.00 Laboratory Services&Supplies Indiana Child Support Bureau 23576 290.00 Judgments Payable Industrial Distribution Group 23577 246.62 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 23386 1,674.40 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 23578 285.81 Repair&Maintenance Services and/or Supplies Inland Litho 23387 10,463.75 Printing and Delivery Services Innerline Engineering 23388 1,312.50 Professional Services-Sewer Line Video Inspections Inorganic Ventures, Inc. 23579 271.69 Laboratory Services&Supplies Internal Revenue Service 23580 125.00 Governmental Agency Fees&Charges Interstate Batteries of Cal Coast 23581 1,268.41 Repair&Maintenance Services and/or Supplies Intl. Union of Oper. Eng.AFL CIO Local 501 23582 4,889.96 Dues Deductions Ironman Parts&Services 23583 554.48 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District 23389 7.75 Water Use J F Shea Construction, Inc. 23312 89,963.37 Construction J. F.Shea Construction, Inc. 23319 6,922,862.50 Construction James R. Harris 23474 549.41 Meeting/Training Expense Reimbursement Jamison Engineering Contractors, Inc. 23584 12,700.88 Professional Services/Engineering Design Services Jays Catering 23390 615.04 Catering Services JCI Jones Chemicals, Inc. 2 104,208.15 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals, Inc. 23302 277,144.79 Chemicals,Water/Wastewater Treatment Jeffrey L.Jones 23677 123.25 Meeting/Training Expense Reimbursement John D.Stephens 23477 125.00 Meeting/Training Expense Reimbursement Johnstone Supply 23391 956.79 Repair&Maintenance Services and/or Supplies Johnstone Supply 23585 402.86 Repair&Maintenance Services and/or Supplies Joshua Casey Corporate Training 23586 750.00 Safety, Security, Health Equipment,Supplies,and Services K 2 General Contractors, Inc. 23587 13,554.00 Professional Services/Engineering Design Services Kaiser Foundation Health Plan 23505 97,933.89 Employee Benefits Karcher Insulation, Inc. 23392 2,140.00 Repair&Maintenance Services and/or Supplies Kemira Water Solutions 23506 316,494.25 Chemicals,Water/Wastewater Treatment Ken Thompson, Inc. 23513 205,029.21 Construction Kent Fluid Power Div of AIT 23393 146.81 Repair&Maintenance Services and/or Supplies Kiewit/Mass,A Joint Venture 23313 643,500.00 Construction KTA-TATOR, Inc. 23588 76.00 Maint.Consulting Service L.Johnson Painting 23394 2,350.00 Painting Services and Supplies Lance Soll and Lunghard 23589 4,541.90 Professional Services-Auditing League of California Cities 23395 160.16 Professional Organizations Meeting/Training/Memberships Liberty Mutual Claims 23303 75,322.42 Insurance Liebert Cassidy 23590 11,920.88 Professional Services/Employee Relations Louis Goodman Trust 23487 4,120.40 Reconciliation User Fee Refund Program Lucci's Gourmet Foods, Inc. 23592 298.90 Catering Services Lyris Technologies, Inc./Clicktracks 23593 1,409.00 Computer Applications&Services Mag Square, L.L.C. 23488 4,296.22 Reconciliation User Fee Refund Program Malcolm Pirnie, Inc. 23507 68,575.87 Professional Services/Engineering Design Services EXHIBIT A fin/210/Ic Page 4 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Matt Adams 23472 170.00 Meeting/Training Expense Reimbursement Mayer Hoffman McCann, PC 23396 13,618.00 Professional Services MBC Applied Environmental Sciences 23594 3,104.00 Professional Services-Regional Ocean Monitoring Mc Fadden-Dale Hardware Co. 23595 373.06 Repair&Maintenance Services and/or Supplies McCrometer, Inc. 23397 458.30 Instrument Parts&Supplies McMaster-Carr Supply Co. 23398 1,300.60 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 23596 1,648.41 Repair&Maintenance Services and/or Supplies McMurray-Stern 23399 655.45 Repair&Maintenance Services and/or Supplies Medlin Controls Co. 23400 357.10 Repair&Maintenance Services and/or Supplies Metal Powder Products 23489 2,445.26 Reconciliation User Fee Refund Program Michael I.Zedek 23683 400.48 Meeting/Training Expense Reimbursement Mid West Associates 23401 8,209.87 Repair&Maintenance Services and/or Supplies Midway Mfg.&Machining Co. 23597 9,510.19 Repair&Maintenance Services and/or Supplies Mike Bubalo Construction Co., Inc. 23314 95,400.00 Construction Mine Safety Appliance 23402 2,202.06 Electrical/Electronic Equipment, Parts&Repairs MJD Investment Co. 23490 99.04 Reconciliation User Fee Refund Program Mladen Buntich Construction Company 23315 1,098,091.30 Construction MVA Architects 23508 79,555.37 Professional Services/Engineering Design Services MWH Americas, Inc. 23403 1,092.10 Professional Services/Engineering Design Services National Bond&Trust 23599 2,164.95 U.S.Savings Bonds Payroll Deductions National Plant Service 23600 880.00 Repair&Maintenance Services and/or Supplies Neutron Products, Inc. 23404 6,260.09 Chemicals,Water/Wastewater Treatment New Horizons Computer Learning Center 23601 300.00 Professional Organizations Meeting/Training/Memberships Newark Electronics 23602 998.68 Electrical/Electronic Equipment, Parts&Repairs Norcal Controls Incorporated 23405 259.36 Repair&Maintenance Services and/or Supplies Norman A.Olsson Construction, Inc. 23316 149,181.30 Construction Norman A.Olsson Construction, Inc. 23514 166,725.00 Construction NRG Engine Services, L.L.C. 23603 9,910.17 Repair&Maintenance Services and/or Supplies NSPS Ltd. 23491 2,326.59 Reconciliation User Fee Refund Program OCB Reprographics 23406 9,921.07 Miscellaneous Services OCEA 23604 639.36 Dues Deductible Office Depot 23407 564.39 Office Supplies Office Depot 23605 22.65 Office Supplies OI Analytical 23606 1,068.13 Laboratory Services&Supplies Olympus America Inc.-Remit to: 23607 4,999.15 Laboratory Services&Supplies Onesource Distributors, Inc. 23408 5,907.02 Electrical/Electronic Equipment, Parts&Repairs Onesource Distributors, Inc. 23608 1,180.58 Electrical/Electronic Equipment, Parts&Repairs Orange Community Bank 23470 16,575.70 Construction, Retention Orange Community Bank 23675 18,525.00 Construction, Retention Orange County Business Council 23409 85.00 Professional Organizations Meeting/Training/Memberships Orange County Sanitation District 23492 1,541.54 Petty Cash Expense Orange County Sanitation District 23685 1,200.07 Petty Cash Expense Orange County United Way 23609 50.00 Employee Contributions Orange Fluid System Technologies, Inc. 23610 365.10 Repair&Maintenance Services and/or Supplies Oxygen Service Company 23410 927.06 Laboratory Services&Supplies Oxygen Service Company 23611 786.33 Laboratory Services&Supplies Pacific Mechanical Supply 23612 27.50 Repair&Maintenance Services and/or Supplies Packet Fusion, Inc. 23411 6,131.11 Computers, Software/Hardware Paul Krzysik 23678 772.91 Meeting/Training Expense Reimbursement EXHIBIT A fin/210/Ic Page 5 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Peace Officers Council of CA 23613 2,162.00 Dues Deductions,Supervisors&Professionals Peak Technologies 23614 2,881.17 Laboratory Services&Supplies Pepperdine University 23412 22,932.42 On-Site Training Performance Pipeline Technologies 23413 12,940.00 Professional Services/CCTV Inspection Pierre Wong 23682 906.93 Meeting/Training Expense Reimbursement PL Hawn Company, Inc. 23414 137.03 Repair&Maintenance Services and/or Supplies Polydyne, Inc. 23304 28,268.93 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 23509 45,730.43 Chemicals,Water/Wastewater Treatment Ponton Industries, Inc. 23415 1,719.48 Laboratory Services&Supplies PR Electronics, Inc. 23416 305.30 Instrument Parts&Supplies Praxair, Inc. 23417 120.23 Laboratory Services&Supplies Primrose Ice Co., Inc. 23418 110.00 Water&Ice Services Procare Work Injury Center 23615 330.00 Medical Services Project Management Institute 23616 308.00 Professional Organizations Meeting/Training/Memberships Projectline Technical Services, Inc. 23419 7,125.50 Professional Services/Engineering Design Services Prudential Overall Supply 23420 1,577.36 Uniforms Prudential Overall Supply 23617 1,570.58 Uniforms Pump Engineering 23421 14,573.05 Repair&Maintenance Services and/or Supplies Putzmeister America, Inc. 23422 5,180.49 Repair&Maintenance Services and/or Supplies Putzmeister America, Inc. 23618 1,295.69 Instrument Parts&Supplies Rainbow Disposal Co. 23423 3,376.48 Waste Disposal RBF Consulting 23305 25,596.18 Professional Services/Engineering Design Services RBF Consulting 23510 78,204.47 Professional Services/Engineering Design Services Resource Asset Management 23493 8,042.82 Reconciliation User Fee Refund Program Restek Corp. 23424 731.22 Laboratory Services&Supplies Retrofit Parts&Components, Inc. 23619 1,926.96 Repair&Maintenance Services and/or Supplies RM Automation c/o RM Controls 23425 79.21 Paper&Office Supplies RM Automation c/o RM Controls 23620 286.08 Paper&Office Supplies Robert C.Thompson 23681 748.65 Meeting/Training Expense Reimbursement Rockwell Engineering&Equipment Co. 23426 8,839.17 Repair&Maintenance Services and/or Supplies Royal Wholesale Electric 23427 638.36 Electrical/Electronic Equipment, Parts&Repairs Royale Cleaners 23621 11.70 Miscellaneous Services RPM Electric Motors 23428 1,000.02 Repair&Maintenance Services and/or Supplies RPM Electric Motors 23622 2,115.88 Repair&Maintenance Services and/or Supplies Ryan Herco Products Corp. 23623 1,950.06 Repair&Maintenance Services and/or Supplies Sachs Electric Company 23317 194,708.16 Professional Services/Central Generation Automation Saft America, Inc.dba Alcad 23624 4,560.81 Electrical/Electronic Equipment, Parts&Repairs Samuel L. Mowbray 23476 104.19 Meeting/Training Expense Reimbursement Sancon Engineering, Inc. 23306 38,338.00 Repair&Maintenance Services and/or Supplies Schwing Bioset 23429 201.74 Repair&Maintenance Services and/or Supplies Schwing Bioset 23626 131.36 Repair&Maintenance Services and/or Supplies Scottel Voice&Data, Inc. 23430 506.79 Telecommunications Sea Boats 23431 125.00 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Seals Compressed Gases 23627 35.65 Miscellaneous Parts and Supplies Sewer Equipment Company of America 23628 433.12 Repair&Maintenance Services and/or Supplies Shamrock Supply Co., Inc. 23432 348.32 Repair&Maintenance Services and/or Tools and Supplies Shamrock Supply Co., Inc. 23629 2,519.62 Repair&Maintenance Services and/or Tools and Supplies Shureluck Sales&Engineering 23433 1,706.03 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 23630 946.48 Repair&Maintenance Services and/or Supplies EXHIBIT A fin/210/Ic Page 6 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Siemens Water Technologies Corp. 23434 63.64 Laboratory Services&Supplies Sigma-Aldrich, Inc. 23435 4,401.15 Laboratory Services&Supplies Skalar, Inc. 23436 9,461.25 Laboratory Services&Supplies Smardan Supply Company 23631 220.04 Repair&Maintenance Services and/or Supplies Smith Pipe&Supply, Inc. 23438 23.31 Facilities, Maintenance,Services&Supplies Smith-Emery Company 23437 23,131.00 Professional Services/Geotech&Material Testing So Cal Gas Company 23632 8,073.30 Utilities Solt Catalina, L.L.C. 23494 2,091.43 Reconciliation User Fee Refund Program South Coast Air Quality Management Dist. 23439 19,847.32 Regulatory Operating Fees South Coast Air Quality Management Dist. 23633 9,977.53 Regulatory Operating Fees South Coast Construction Services 23634 2,875.00 Repair&Maintenance Services and/or Supplies South Coast Environmental Co. 23625 21,916.83 Professional Services-Air Quality Monitoring Southern California Edison 23307 106,838.45 Utilities Southern California Edison 23635 2,675.54 Utilities Southern Counties Lubricants 23636 5,088.21 Fuel and Lubricants Sparkletts 23637 1,393.20 Miscellaneous Supplies SPEX Certiprep, Inc. 23638 658.54 Laboratory Services&Supplies St.Croix Sensory, Inc. 23440 580.00 Outside Laboratory Services Stanley Steamer International, Inc. 23441 350.00 Janitor&Household Service&Supplies Staples Direct 23442 505.75 Furniture&Fixtures Stephen Patrick Myers 23452 310.00 Miscellaneous Services Steve Bubalo Construction Co. 23515 1,264,356.45 Construction STI Controls 23639 971.91 Electrical/Electronic Equipment, Parts&Repairs Stratus Environmental, Inc. 23443 8,050.00 Professional Services Summit Steel 23444 3,558.99 Repair&Maintenance Services and/or Supplies Summit Steel 23640 522.00 Repair&Maintenance Services and/or Supplies Sunset Ford 23641 27.80 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Sunset Industrial Parts 23445 4,406.07 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 23642 27.74 Repair&Maintenance Services and/or Supplies Sunset Ladder Co. 23446 1,280.53 Repair&Maintenance Services and/or Supplies Super Chem Corporation 23643 780.39 Repair&Maintenance Services and/or Supplies Tata America Int'L Corp Dba Tcs America 23308 218,778.50 Computer Applications and Services TestAmerica Ontario 23644 918.75 Laboratory Services&Supplies The Clock Sales and Service Co., Inc. 23649 128.44 Repair&Maintenance Services and/or Supplies The Jankovich Company 23447 4,155.78 Oil The Orange County Register 23645 1,917.74 Notices&Ads The Training Clinic 23453 3,311.00 On-Site Training Classes Thermo Electron North America,L.L.C. 23646 1,518.25 Laboratory Services&Supplies Thermo Fisher Scientific 23647 6,987.11 Computer Applications and Services Thompson Industrial Supply, Inc. 23448 2,068.80 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 23648 140.03 Repair&Maintenance Services and/or Supplies Thorson Motor Center 23511 38,071.25 2009 GMC 12-Passenger Van Time Clock Sales and Service Co., Inc. 23449 222.25 Computer Applications and Services T-Mobile 23650 108.18 Telecommunications Todd Painting, Inc. 23450 2,977.00 Painting Services and Supplies Tony's Lock&Safe Service&Sales 23451 171.62 Repair&Maintenance Services and/or Supplies Town Square Properties 23495 2,762.86 Reconciliation User Fee Refund Program Townsend Public Affairs 23651 7,500.00 Professional Services-State Advocacy Traffic Control Service, Inc. 23652 607.00 Safety, Security, Health Equipment,Supplies,and Services EXHIBIT A fin/210/Ic Page 7 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Transcat 23653 2,034.58 Repair&Maintenance Services and/or Supplies Truck&Auto Supply, Inc. 23454 454.27 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Truck&Auto Supply, Inc. 23654 95.20 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Tule Ranch/Magan Farms 23309 107,573.79 Biosolids Management U S Bank 23655 4,150.00 Administrative Fee-Financial 2008A Certificates of Participation UC Regents 23455 1,250.00 Professional Organizations Meeting/Training/Memberships Ultra Scientific 23656 461.50 Laboratory Services&Supplies Union Bank of California 23471 9,995.93 Construction United Pacific Services, Inc. 23456 17,067.51 Groundskeeping United Parcel Service 23457 134.51 Parcel Services United Parcel Service 23657 83.69 Parcel Services United States of America 23496 671.32 User Fee Refund Regarding Septic Tanks US Peroxide, L.L.C. 23458 15,106.51 Chemicals,Water/Wastewater Treatment USA Mobility Wireless, Inc. 23658 683.27 Telecommunications Valin Corporation 23459 4,355.35 Repair&Maintenance Services and/or Supplies Vapex, Inc. 23659 1,358.94 Electrical/Electronic Equipment, Parts&Repairs Verizon California 23460 846.55 Telecommunications Verizon Wireless 23461 558.93 Telecommunications Vernes Plumbing 23310 29,849.00 Plumbing Services&Supplies Vernes Plumbing 23660 70.00 Plumbing Services&Supplies Villa Nova, Inc. 23497 4,610.11 Reconciliation User Fee Refund Program Villa Prep&Paint 23462 950.00 Painting Services and Supplies Vision Service Plan CA 23661 9,699.00 Employee Benefits Vladimir A.Kogan 23475 613.81 Meeting/Training Expense Reimbursement Vortex Corp. 23463 7,452.92 Repair&Maintenance Services and/or Supplies Vortex Corp. 23662 2,423.11 Repair&Maintenance Services and/or Supplies Vossler&Company 23464 2,113.54 Repair&Maintenance Services and/or Supplies VWR Scientific Products 23465 3,634.04 Laboratory Services&Supplies VWR Scientific Products 23663 2,837.66 Laboratory Services&Supplies Wastewater Technology Trainers 23664 1,290.00 On-Site Training Waxie Sanitary Supply 23665 50.50 Janitor&Household Service&Supplies Weather and Wind Instrument Co. 23666 617.18 Miscellaneous Parts and Supplies WEF 23466 217.00 Professional Organizations Meeting/Training/Memberships WEF 23667 177.00 Professional Organizations Meeting/Training/Memberships WEF Publications 23467 9.75 Publication Wells Fargo Bank Escrow 23518600 23318 71,500.00 Construction West Coast Safety Supply Co. 23668 847.03 Safety, Security, Health Equipment,Supplies,and Services West Lite Supply Company, Inc. 23468 131.91 Electrical/Electronic Equipment, Parts&Repairs West Lite Supply Company, Inc. 23669 231.19 Electrical/Electronic Equipment, Parts&Repairs Western State University 23498 9,369.02 Reconciliation User Fee Refund Program Westport Apparatus dba Breaker Supply 23670 767.61 Electrical/Electronic Equipment, Parts&Repairs Yale/Chase Materials Handling, Inc. 23469 311.81 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs Yale/Chase Materials Handling, Inc. 23671 218.04 Electrical/Electronic Equipment,&Electric Cart Parts&Repairs 3CMA 23673 375.00 Professional Organizations Meeting/Training/Memberships Total Accounts Payable-Warrants $ 15,432,570.68 EXHIBIT A fin/210/Ic Page 8 of 9 9/10/2009 Claims Paid From 08/01/09 to 08/15/09 Vendor Warrant No. Amount Description Payroll Disbursements Employee Paychecks 42763 - 42826 $ 124,179.65 Biweekly Payroll(08/12/09) Employee Paychecks 42827 - 42831 3,888.58 Interim Payroll-IDEA, Retro,Adjustments(08/11/09) Direct Deposit Statements 175407 -175998 1,440,978.68 Biweekly Payroll(08/12/09) Total Payroll Disbursements $ 1,569,046.91 Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 795,891.18 Biweekly Payroll(08/12/09) Intercare 285,997.34 Workers'Comp-Fund Settlement Claim/Legal Fees(08/13/09) Total Wire Transfer Payments $ 1,081,888.52 Total Claims Paid 08/01/09-08/15/09 $ 18,083,506.11 EXHIBIT A fin/210/Ic Page 9 of 9 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Accounts Payable Warrants A W Chesterton 23706 $ 3,091.93 Repair&Maintenance Services and/or Supplies Absolute Standards, Inc. 23877 405.00 Laboratory Services&Supplies Accent Flag&Sign 23878 507.01 Flag Pole, Parts, Repairs&Installation AECOM Technical Services, Inc. 23858 84,584.99 Professional Services/Engineering Design Services Aerotek 23707 7,231.10 Professional Services/Temporary Services Agilent Technologies, Inc. 23708 182.96 Laboratory Services&Supplies Airgas Safety, Inc. 23709 7,213.05 Safety, Security, Health Equipment,Supplies,and Services Airgas West 23879 513.84 Specialty Gases AKM Consulting Engineers 23710 16,704.00 Professional Services/Dig Alert Associate Engineer American Express 23711 17,642.35 Purchasing Card Program for Miscellaneous Parts and Supplies American Training Resources, Inc. 23880 1,624.89 Training Supplies AppleOne Employment Service 23712 11,509.61 Professional Services/Temporary Services Applied Spectrometry Associates, Inc. 23713 511.11 Repair&Maintenance Services and/or Supplies AIRS Enterprises, Inc. 23714 134.80 Laboratory Services&Supplies AT&T Long Distance. 23882 232.57 Telecommunications AT&T Mobility II, L.L.C. 23716 199.97 Telecommunications AT&T Universal Biller 23715 737.20 Telecommunications AT&T Universal Biller 23881 920.14 Telecommunications Atlas Underground, Inc. 23717 21,200.13 Repair&Maintenance Services and/or Supplies Awards&Trophies Company 23719 21.21 Awards and Framing Basic Chemical Solutions, L.L.C. 23883 8,531.50 Chemicals,Water/Wastewater Treatment Battery Specialties 23720 106.58 Batteries,Various Battery Specialties 23884 62.82 Batteries,Various BC Wire Rope&Rigging 23885 67.32 Tools&Supplies Bell Pipe&Supply Co. 23886 440.30 Repair&Maintenance Services and/or Supplies Bennett Bowen Lighthouse 23721 2,928.76 Repair&Maintenance Services and/or Supplies Black&Veatch Corporation 23722 22,384.56 Professional Services/Engineering Design Services Black&Veatch Corporation 23859 235,689.84 Professional Services/Engineering Design Services Blue Diamond Car Wash, Inc. 23887 1,221.00 Facilities, Maintenance,Services&Supplies Bonterra Consulting, L.L.C. 23723 265.00 Professional Services/Engineering Design Services Bret Colson 23850 130.00 Meeting/Training Expense Reimbursement Burlington Safety Laboratory of CA, Inc. 23888 656.42 Safety, Security, Health Equipment,Supplies,and Services Butier Engineering, Inc. 23860 112,036.82 Professional Services/Engineering Design Services California Barricade Rentals 23724 5,620.00 Miscellaneous Services California Department of Fish and Game 24031 3,100.00 Governmental Agency Fees&Charges California Dept.of Child Support 23889 1,734.90 Judgments Payable California Municipal Statistics, Inc. 23725 500.00 Professional Services-6/30/09 CAFR California Relocation Services, Inc. 23890 157.50 Miscellaneous Services-Moving/Relocation Callan Associates, Inc. 23891 3,988.68 Investment Advisory Services CALPELRA 23892 350.00 Professional Organizations,and Meeting/Training Registration Caltrol, Inc. 23726 2,198.58 Electrical/Electronic Equipment, Parts&Repairs Caltrol, Inc. 23893 8,932.52 Electrical/Electronic Equipment, Parts&Repairs Cardlock Fuel Systems, Inc. 23727 21,212.23 Fuel Card Professional Services Carollo Engineers 23686 28,344.29 Professional Services/Engineering Design Services Carollo Engineers 23861 145,414.72 Professional Services/Engineering Design Services Carrier Sales&Distribution,L.L.C. 23728 593.78 Repair&Maintenance Services and/or Supplies Certified Truck Bodies 23894 2,040.00 Autos,Trucks&Marine Equipment, Parts,Accessories&Services EXHIBIT B fin/210/Ic Page 1 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Charles P.Crowley Co. 23895 14,836.30 Repair&Maintenance Services and/or Supplies Cheryl Schiefelbein 23855 120.00 Meeting/Training Expense Reimbursement Chris A.Stacklin 24024 125.00 Meeting/Training Expense Reimbursement City of Fountain Valley 23920 3,455.00 Safety, Security, Health Equipment,Supplies,and Services City of Garden Grove 23729 10.00 Governmental Agency Fees&Charges City of Garden Grove 23896 343.66 Water Use City of Newport Beach 23954 213.73 Water Use Clean Harbors Environmental Services 23897 3,687.32 Grit&Screenings; Hazard Waste Disposal CMSI Corporate Mentoring Solutions, Inc. 23730 341.15 Professional Services-On-Site Training Coast Rubber Stamp, Mfg. 23731 65.20 Stationery&Office Supplies Connell Chevrolet\GEO 23898 499.16 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Consumers Pipe&Supply Co. 23899 76.40 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 23732 82.17 Repair&Maintenance Services and/or Supplies Controlled Motion Solutions 23900 244.60 Repair&Maintenance Services and/or Supplies Corporate Business Interiors 23733 1,224.00 Repair&Maintenance Services and/or Supplies Corporate Express 23901 231.68 Office Supplies CORRPRO Companies, Inc. 23862 40,632.00 Professional Services/Temporary Services Cortech Engineering 23734 1,418.35 Repair&Maintenance Services and/or Supplies County of Orange-Health Care Agency 23736 879.00 Governmental Agency Fees&Charges County of Orange-Health Care Agency 23737 5,821.00 Governmental Agency Fees&Charges County of Orange-Health Care Agency 23738 5,621.00 Governmental Agency Fees&Charges County of Orange-Health Care Agency 23739 320.00 Governmental Agency Fees&Charges County of Orange-Health Care Agency 23740 320.00 Governmental Agency Fees&Charges County of Orange-Health Care Agency 23741 320.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 23735 377.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 23875 74,166.40 2009-10 Assessor's Parcel Records County of Orange Auditor Controller 23902 1,505.50 Governmental Agency Fees&Charges County of Orange Auditor Controller 23903 18,720.25 Governmental Agency Fees&Charges County of Orange Auditor Controller 24025 3,140.00 Governmental Agency Fees&Charges County of Orange Auditor Controller 24026 465.00 Governmental Agency Fees&Charges Court Order 23946 150.00 Judgments Payable Court Order 23950 225.00 Judgments Payable Court Order 24012 912.50 Judgments Payable CR&R, Inc. 23742 945.00 Waste Disposal CR&R, Inc. 23904 945.00 Waste Disposal Cross Current Corporation 23905 1,200.00 Computer Applications&Services CS-AMSCO 23906 1,917.81 Repair&Maintenance Services and/or Supplies Culligan of Orange County 23743 53.70 Repair&Maintenance Services and Supplies Curley Wholesale Electric, Inc. 23744 5,308.95 Electrical/Electronic Equipment, Parts&Repairs CWEA Membership 23745 132.00 Professional Organizations Meeting/Training/Membership Dale O. Henderson 24018 1,439.75 Meeting/Training Expense Reimbursement Daniel R. Miranda 23853 845.40 Meeting/Training Expense Reimbursement Dapper Tire Co. 23907 3,112.14 Autos,Trucks&Marine Equipment, Parts,Accessories&Services David's Tree Service 23746 11,945.00 Groundskeeping David's Tree Service 23908 4,785.00 Groundskeeping Dig-Smart,L.L.C. 23909 3,000.00 Computer Applications&Services Donald Jones 23779 2,738.79 Reconciliation User Fee Refund Program Dr. Harvey Goldstone 23910 680.00 Safety, Security, Health Equipment,Supplies,and Services Dudek&Associates, Inc. 23747 11,305.00 Professional Services/Engineering Design Services EXHIBIT B fin/210/Ic Page 2 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Dunn-Edwards Corporation 23911 103.02 Painting Services and Supplies Eagle Protection of California 23748 275.00 Safety, Security, Health Equipment,Supplies,and Services Electra Bond, Inc. 23687 28,739.91 Repair&Maintenance Services and/or Supplies Employee Benefits Specialists, Inc. 23912 11,539.68 Reimbursed Prepaid Employee Medical&Dependent Care Enchanter, Inc. 23913 5,795.00 Vessel Services-Monitoring Vessel Nerissa Entech Design, Inc. 23749 4,108.50 Electrical/Electronic Equipment, Parts&Repairs Environmental Resource Associates 23750 212.50 Laboratory Services&Supplies Environmental Water Solutions, Inc. 23914 7,471.12 Repair&Maintenance Services and/or Supplies Equipment Specialties Co. 23751 4,054.54 Electrical/Electronic Equipment, Parts&Repairs Ewing Irrigation 23752 154.00 Landscape Irrigation Parts&Supplies Ewing Irrigation 23915 630.93 Landscape Irrigation Parts&Supplies Fedex Corporation 23753 83.80 Freight Services FEI Enterprises, Inc. 24013 22,016.70 Construction First American Corelogic 23916 881.50 Annual On-Line Subscription Fisher Scientific 23754 257.61 Laboratory Services&Supplies Fisher Scientific 23917 112.05 Laboratory Services&Supplies Flo Systems, Inc. 23755 456.75 Repair&Maintenance Services and/or Supplies Flomax Products, Inc. 23756 7,756.64 Repair&Maintenance Services and/or Supplies Flomax Products, Inc. 23918 3,225.71 Repair&Maintenance Services and/or Supplies Forkert Engineering&Surveying, Inc. 23757 3,260.75 Professional Services-Surveying Forkert Engineering&Surveying, Inc. 23919 4,255.00 Professional Services-Surveying Fountain Valley Paints, Inc. 23921 135.73 Painting Services and Supplies Franchise Tax Board 23922 50.00 Governmental Agency Fees&Charges Franklin Covey 23923 34.76 Office Supplies Fred Dickey and Best Buy 23857 957.00 Employee Computer Loan Program Frys Electronics 23924 244.65 Computers, Software/Hardware Gallade Chemical, Inc. 23758 2,273.11 Chemicals,Water/Wastewater Treatment Garratt Callahan Company 23759 2,799.12 Chemicals,Water/Wastewater Treatment GE Infrastructure Sensing 23760 194.00 Electrical/Electronic Equipment, Parts&Repairs Geomatrix Consultants, Inc. 23761 13,470.75 Professional Services/Geotech&Material Testing GHD, L.L.C. 23762 8,925.00 Professional Services/Engineering Design Services Gilmour Group c/o Lippincott Co. 23925 1,563.64 Miscellaneous Parts and Supplies Glens Alignment&Brake Service 23926 1,283.62 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Godwin Pumps of America, Inc. 23927 16,558.00 Repair&Maintenance Services and/or Supplies and Equipment Rentals Golden Bell Products 23928 11,424.00 Miscellaneous Parts and Supplies Golden State Overnight Delivery Service 23763 5.85 Courier Services Golden West Corp. 23929 4,732.00 Facilities, Maintenance,Services&Supplies Golden West Window Service 23764 1,450.00 Facilities, Maintenance,Services&Supplies Grainger, Inc. 23765 807.59 Repair&Maintenance Services and/or Supplies Grainger, Inc. 23930 2,159.38 Repair&Maintenance Services and/or Supplies Graybar Electric Company 23766 2,782.48 Electrical/Electronic Equipment, Parts&Repairs Graybar Electric Company 23931 1,322.39 Electrical/Electronic Equipment, Parts&Repairs Great Western Sanitary Supplies 23932 1,945.75 Janitor&Household Service&Supplies GRM Information Management Services 23933 228.38 Miscellaneous Services Guarantee Records Management 23767 483.67 Professional Services-Document Storage&Shredding Hai-Thao T. Huynh 24019 1,052.21 Meeting/Training Expense Reimbursement Hampton Tedder Technical Services 23688 28,916.50 Professional Services/Engineering Design Services Harbor 22, L.L.C. 24027 8,810.43 Reconciliation User Fee Refund Program Harrington Industrial Plastics, Inc. 23768 2,528.66 Repair&Maintenance Services and/or Supplies EXHIBIT B fin/210/Ic Page 3 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Hasler, Inc. 23769 94.61 Postage Meter Rental Hasler, Inc. 23934 7.26 Computer Applications&Services HDR Engineering, Inc. 23935 11,035.44 Professional Services/Engineering Design Services Helix Electric, Inc. 23698 87,829.02 Construction Hewlett Packard Company 23936 10,480.19 Computers,Software/Hardware Hill Brothers 23689 39,126.92 Chemicals,Water/Wastewater Treatment Hill Brothers 23863 78,123.28 Chemicals,Water/Wastewater Treatment Hilti, Inc. 23770 4,773.03 Repair&Maintenance Services and/or Supplies Home Depot 23771 442.16 Miscellaneous Parts and Supplies Home Depot 23937 1,023.93 Miscellaneous Parts and Supplies Hub Auto Supply 23938 643.56 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Humantech, Inc. 23772 874.41 Professional Organizations Meeting/Training/Membership Indiana Child Support Bureau 23939 290.00 Judgments Payable Industrial Distribution Group 23773 77.04 Repair&Maintenance Services and/or Supplies Industrial Distribution Group 23940 382.63 Repair&Maintenance Services and/or Supplies Industrial Threaded Products, Inc. 23941 431.31 Repair&Maintenance Services and/or Supplies Inorganic Ventures, Inc. 23774 810.40 Laboratory Services&Supplies Institute for International Research 23775 3,913.00 Professional Organizations Meeting/Training/Membership Internal Revenue Service 23942 125.00 Governmental Agency Fees&Charges International Risk Management Inst. 23776 11.94 Books and Publications Intl. Union of Oper. Eng.AFL CIO Local 501 23943 4,867.55 Dues Deductions Ironman Parts&Services 23777 359.96 Repair&Maintenance Services and/or Supplies Irvine Ranch Water District 23778 49.30 Water Use J F Shea Construction, Inc. 23699 536,625.08 Construction James C. Mullins 23854 921.31 Meeting/Training Expense Reimbursement James D. Ruth 24023 612.86 Meeting/Training Expense Reimbursement James L. Burror 24015 317.00 Meeting/Training Expense Reimbursement Jamison Engineering Contractors, Inc. 23780 1,479.90 Repair&Maintenance Services and/or Supplies Jays Catering 23781 1,230.08 Catering Services JCI Jones Chemicals, Inc. 3 131,828.25 Chemicals,Water/Wastewater Treatment JCI Jones Chemicals, Inc. 4 93,054.95 Chemicals,Water/Wastewater Treatment Jerry F. Evangelista 24016 1,345.47 Meeting/Training Expense Reimbursement John Gonzalez and Best Buy 24028 1,756.56 Employee Computer Loan Program Kemira Water Solutions 23690 50,312.22 Chemicals,Water/Wastewater Treatment Kemira Water Solutions 23864 107,800.47 Chemicals,Water/Wastewater Treatment Kiewit Pacific Co. 23700 4,466,818.80 Construction L.Johnson Painting 23782 9,130.00 Painting Services and Supplies Lance Soll and Lunghard 23944 1,760.00 Professional Services-Auditing Larry R.Crandall 23851 623.98 Meeting/Training Expense Reimbursement Laser Impressions, Inc. 23783 447.99 Facilities, Maintenance,Services&Supplies Lee&Ro, Inc. 23691 40,499.51 Professional Services/Engineering Design Services Liebert Cassidy 23945 1,680.00 Professional Services/Employee Relations Lisa A. Rothbart 24022 311.88 Meeting/Training Expense Reimbursement Madankumar B. Patel 23965 125.00 Meeting/Training Expense Reimbursement Malcolm Pirnie, Inc. 23865 25,728.38 Professional Services/Engineering Design Services MassMutual Michel Financial Group 23947 75.39 Executive Disability Plan Premium Material and Contract Services 23784 4,960.00 Temporary Employment Services Maxim Security Systems 23785 1,346.50 Safety, Security, Health Equipment,Supplies,and Services Maxim Security Systems 23866 30,770.07 Safety, Security, Health Equipment,Supplies,and Services EXHIBIT B fin/210/Ic Page 4 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description McMaster-Carr Supply Co. 23786 640.57 Repair&Maintenance Services and/or Supplies McMaster-Carr Supply Co. 23948 1,492.99 Repair&Maintenance Services and/or Supplies Medlin Controls Co. 23787 536.06 Repair&Maintenance Services and/or Supplies Medlin Controls Co. 23949 2,095.26 Repair&Maintenance Services and/or Supplies Michael I.Gold 24017 991.58 Meeting/Training Expense Reimbursement Mid West Associates 23788 10,041.66 Repair&Maintenance Services and/or Supplies Mladen Buntich Construction Company 23789 2,703.05 Repair&Maintenance Services and/or Supplies MSC Industrial Supply Co. 23790 237.57 Repair&Maintenance Services and/or Supplies MVA Architects 23692 27,252.54 Professional Services/Engineering Design Services MWH Americas, Inc. 23693 265,370.37 Professional Services/Engineering Design Services MWH Americas, Inc. 23867 196,722.44 Professional Services/Engineering Design Services National Bond&Trust 23951 2,189.94 U.S.Savings Bonds Payroll Deductions National Human Resource Assoc. 24030 60.00 Professional Organizations Meeting/Training/Memberships National Plant Service 23791 2,700.00 Repair&Maintenance Services and/or Supplies Neal Supply Co. 23792 163.64 Repair&Maintenance Services and/or Supplies Neal Supply Co. 23952 1,649.79 Repair&Maintenance Services and/or Supplies Neutron Products, Inc. 23953 6,312.29 Chemicals,Water/Wastewater Treatment Ninyo&Moore 23869 40,082.50 Professional Services/Geotech&Material Testing Norco Delivery 23955 436.16 Delivery Services O C Tanner Recognition Company 23793 2,720.80 Service Awards OCB Reprographics 23956 806.35 Miscellaneous Services OCEA 23957 639.36 Dues Deductible Office Depot 23958 1,070.93 Office Supplies Olin Corporation 23794 24,911.03 Chemicals,Water/Wastewater Treatment Onesource Distributors, Inc. 23795 15,649.67 Electrical/Electronic Equipment, Parts&Repairs Onesource Distributors, Inc. 23959 737.16 Electrical/Electronic Equipment, Parts&Repairs Orange County Chapter-ISCEBS 23960 60.00 Professional Organizations Meeting/Training/Memberships Orange County United Way 23961 50.00 Employee Contributions Orange County Vector Control District 23962 140.80 Pest Control Orange County Water District 23870 71,417.17 GAP Water Orange Fluid System Technologies, Inc. 23963 2,384.65 Repair&Maintenance Services and/or Supplies Oxygen Service Company 23796 540.42 Laboratory Services&Supplies Oxygen Service Company 23964 610.26 Laboratory Services&Supplies Pacific Investment Management 23871 133,754.07 Professional Financial Services Pacific Mechanical Supply 23798 216.37 Repair&Maintenance Services and/or Supplies Pacific Mechanical Supply 23966 565.28 Repair&Maintenance Services and/or Supplies Patriot Video Productions 23967 2,437.50 Miscellaneous Services Payton Technology Corp. 23797 4,761.36 Reconciliation User Fee Refund Program Peace Officers Council of CA 23968 2,208.00 Dues Deductions,Supervisors&Professionals Performance Pipeline Technologies 23799 1,950.00 Professional Services/CCTV Inspection PL Hawn Company, Inc. 23969 340.28 Repair&Maintenance Services and/or Supplies Polydyne, Inc. 23694 33,802.96 Chemicals,Water/Wastewater Treatment Polydyne, Inc. 23872 36,995.68 Chemicals,Water/Wastewater Treatment Praxair Distribution, Inc. 23970 405.58 Laboratory Services&Supplies Primrose Ice Co., Inc. 23800 110.00 Water&Ice Services Primrose Ice Co., Inc. 23971 110.00 Water&Ice Services Procare Work Injury Center 23801 605.00 Medical Services Propipe 23873 29,320.38 Professional Services/Sewerline Cleaning Prudential Overall Supply 23972 1,572.70 Uniforms EXHIBIT B fin/210/Ic Page 5 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Pumping Solutions, Inc. 23973 589.59 Repair&Maintenance Services and/or Supplies Pyramid Fence Company, Inc. 23802 650.00 Facilities, Maintenance,Services&Supplies Qualitrol Company, L.L.C. 23803 372.27 Repair&Maintenance Services and/or Supplies R L Abbott&Associates 23974 1,000.00 Professional Services/Advocacy Efforts RBF Consulting 23804 8,332.20 Professional Services-Surveying Red Wing Shoes 23805 170.00 Safety, Security, Health Equipment,Supplies,and Services Red Wing Shoes 23975 329.21 Safety, Security, Health Equipment,Supplies,and Services Restek Corp. 23806 1,631.26 Laboratory Services&Supplies Rexel Electrical&Datacom Supplies 23976 510.04 Electrical/Electronic Equipment, Parts&Repairs Road Works, Inc.-Remit 23977 200.00 Professional Organizations Meeting/Training/Memberships Rockhurst College Continuing Education 23807 149.00 Professional Organizations Meeting/Training/Membership Roto Rooter NOC#11 23978 606.55 Repair&Maintenance Services and/or Supplies Royale Cleaners 23808 19.30 Miscellaneous Services Royale Cleaners 23979 12.20 Miscellaneous Services Rutland Tool&Supply 23809 141.16 Miscellaneous Parts and Supplies Rutland Tool&Supply 23980 37.64 Miscellaneous Parts and Supplies Santa Ana River Flood Protection Agency 23981 1,100.00 Professional Organization Santiago A. Escobar 23852 881.40 Meeting/Training Expense Reimbursement Schwing Bioset 23810 4,536.08 Repair&Maintenance Services and/or Supplies Schwing Bioset 23982 74.00 Repair&Maintenance Services and/or Supplies Scott Specialty Gases, Inc. 23811 55.57 Laboratory Services&Supplies Shamrock Supply Co., Inc. 23812 3,178.49 Repair&Maintenance Services and/or Tools and Supplies Shamrock Supply Co., Inc. 23983 766.72 Repair&Maintenance Services and/or Tools and Supplies Shimmick Construction Co., Inc. 23701 1,859,835.27 Construction Shureluck Sales&Engineering 23813 515.91 Repair&Maintenance Services and/or Supplies Shureluck Sales&Engineering 23984 64.60 Repair&Maintenance Services and/or Supplies Siemens Water Technologies Corp. 23985 63.64 Repair&Maintenance Services and/or Supplies SkillPath Seminars 23986 199.00 Professional Organization&Meeting/Training Registration Smardan Supply Company 23814 169.65 Repair&Maintenance Services and/or Supplies Society for HR Management 23815 160.00 Professional Organizations Meeting/Training/Memberships Sonja Wassgren Morgan 24021 302.78 Meeting/Training Expense Reimbursement South Coast Shipyard, Inc. 23816 3,065.55 Autos,Trucks&Marine Equipment, Parts,Accessories&Services South Coast Shipyard, Inc. 23987 447.59 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Southern California Edison 23695 245,452.83 Utilities Southern California Edison 23874 412,921.09 Utilities Sparkletts 23817 2,520.40 Miscellaneous Supplies SST Benefits Consutling&Insurance Services 23818 15,760.00 Professional Services-Deferred Compensation St.Croix Sensory, Inc. 23989 610.00 Outside Laboratory Services St.Joseph Hospital 23876 32,738.96 Reconciliation User Fee Refund Program Starbuck Truck Refinishing, Inc. 23990 2,237.50 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Stephan C. Millen 24029 993.93 Reconciliation User Fee Refund Program Steven T. Hiner 23819 450.00 Meeting/Training Expense Reimbursement Stryper Technologies 23820 14,240.00 Computer Hardware&Software Summit Steel 23821 1,512.94 Repair&Maintenance Services and/or Supplies Summit Steel 23991 595.70 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 23822 985.12 Repair&Maintenance Services and/or Supplies Sunset Industrial Parts 23992 1,033.83 Repair&Maintenance Services and/or Supplies Synagro West, Inc. 23823 200.24 Biosolids Tasco Pacific Fire Protection 23993 786.00 Miscellaneous Services EXHIBIT B fin/210/Ic Page 6 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description TekSystems 23824 9,806.40 Professional Services/Temporary Services Terminix International 23825 1,034.00 Pest Control Services Terminix International 23994 385.00 Pest Control Services The Austin Co. 23718 2,965.13 Professional Services/Engineering Design Services The Bank of New York Mellon 23826 1,737.88 Quarterly Service Fee-Asset Administration The Training Clinic 23998 3,338.50 On-Site Training Classes Thompson Industrial Supply, Inc. 23827 5,384.71 Repair&Maintenance Services and/or Supplies Thompson Industrial Supply, Inc. 23995 4,168.80 Repair&Maintenance Services and/or Supplies Tiano Construction 23828 4,375.00 Facilities, Maintenance,Services&Supplies Tiano Construction 23996 7,725.00 Facilities, Maintenance,Services&Supplies Todd Painting, Inc. 23829 2,777.00 Painting Services and Supplies Tony's Lock&Safe Service&Sales 23997 133.98 Repair&Maintenance Services and/or Supplies Truck&Auto Supply, Inc. 23830 1,584.97 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Truck&Auto Supply, Inc. 23999 39.79 Autos,Trucks&Marine Equipment, Parts,Accessories&Services Tule Ranch/Magan Farms 23696 117,781.34 Biosolids Management Underground Service Alert of So.Calif 23831 1,359.00 Professional Services-Dig Alert Notification Service Union Bank of California 23702 51,436.91 Construction, Retention Union Bank of California 23856 9,758.78 Construction, Retention Union Bank of California Escrow 23704 28,243.42 Construction, Retention United Direct Marketing 24000 2,073.14 Courier Services United Pacific Services, Inc. 23832 1,750.00 Groundskeeping United Pacific Services, Inc. 24001 3,240.00 Groundskeeping United Parcel Service 23833 1,785.04 Parcel Services United Parcel Service 24002 63.42 Parcel Services Universal Flooring Systems, Inc. 24003 7,417.00 Repair&Maintenance Services and/or Supplies US Peroxide, L.L.C. 23697 83,448.32 Chemicals,Water/Wastewater Treatment Valley Detroit Diesel Allison 23834 1,346.62 Repair&Maintenance Services and/or Supplies Valley Power Systems, Inc. 23835 1,971.43 Repair&Maintenance Services and/or Supplies Valley Power Systems, Inc. 24004 2,242.93 Repair&Maintenance Services and/or Supplies Vapex, Inc. 23836 917.63 Electrical/Electronic Equipment, Parts&Repairs Varian, Inc. 23837 24.81 Laboratory Services&Supplies Verizon 24005 1,535.58 Telecommunications Verizon California 24006 54.86 Telecommunications Verizon California 23838 1,660.64 Telecommunications Vernes Plumbing 24007 16,079.17 Plumbing Services&Supplies Villa Prep&Paint 23839 4,940.00 Painting Services and Supplies Villa Prep&Paint 24008 6,695.00 Painting Services and Supplies Vladimir A.Kogan 24020 443.61 Meeting/Training Expense Reimbursement Voided Check 23868 - Voided Check 23988 - Vortex Corp. 23840 4,756.91 Repair&Maintenance Services and/or Supplies VWR Scientific Products 23841 5,920.89 Laboratory Services&Supplies VWR Scientific Products 24009 640.34 Laboratory Services&Supplies Wastewater Technology Trainers 23842 1,290.00 Professional Organizations Meeting/Training/Memberships Watt Companies 23705 28,989.54 Reconciliation User Fee Refund Program Waxie Sanitary Supply 23843 1,197.64 Janitor&Household Service&Supplies WEF 23844 1,102.00 Professional Organizations Meeting/Training/Memberships WEF 24010 788.00 Professional Organizations Meeting/Training/Memberships WEF Registration Dept. 24011 155.00 Professional Organizations Meeting/Training/Memberships EXHIBIT B fin/210/Ic Page 7 of 8 9/10/2009 Claims Paid From 08/16/09 to 08/31/09 Vendor Warrant No. Amount Description Wells Fargo Bank 23703 496,313.20 Construction, Retention Wells Supply Co. 23845 197.12 Repair&Maintenance Services and/or Supplies West Coast Safety Supply Co. 23846 5,357.45 Safety, Security, Health Equipment,Supplies,and Services Wilshire State Bank for FEI Interprises, Inc. 24014 2,446.30 Construction, Retention Xerox Corporation 23847 549.40 Computers,Software/Hardware&Managed Services Xyon Business Solutions, Inc. 23848 3,920.00 Professional Services/Temporary Services 1-800-Conference(R) 23849 174.47 Telecommunications Total Accounts Payable-Warrants $ 11,495,941.31 Payroll Disbursements Employee Paychecks 42832 - 42881 $ 110,101.19 Biweekly Payroll(08/26/09) Employee Paychecks 42910 - 42913 58,237.23 Interim Payroll-Retirements(08/27/09-08/31/09)" Direct Deposit Statements 175999 -176576 1,423,720.00 Biweekly Payroll(08/26/09) Total Payroll Disbursements $ 1,592,058.42 *Check numbers 42882-42909 were issued out of numeric order for a 09/01/09 pay date Wire Transfer Payments OCSD Payroll Taxes&Contributions $ 781,178.82 Biweekly Payroll(08/26/09) Intercare Holdings Insurance Svcs., Inc. 54,964.09 Workers'Comp-Medical/Legal Fees(08/27/09) Total Wire Transfer Payments $ 836,142.91 Total Claims Paid 08/16/09-08/31/09 $ 13,924,142.64 EXHIBIT B fin/210/Ic Page 8 of 8 9/10/2009 Orange County Sanitation District MINUTES BOARD MEETING August 26, 2009 sANrrAT�o N� THE 'E ADMINISTRATIVE OFFICES 10844 ELLIS AVENUE FOUNTAIN VALLEY, CALIFORNIA 92708-7018 Minutes of Board Meeting 08/26/09 Page 2 ROLL CALL A regular meeting of the Board of Directors of the Orange County Sanitation District was held on August 26, 2009 at 6:30 p.m., in the Administrative Offices. Following the Pledge of Allegiance and invocation, the roll was called and the Clerk of the Board reported a quorum present as follows: ACTIVE DIRECTORS ALTERNATE DIRECTORS X Doug Davert, Chair John Nielson X Larry Crandall, Vice Chair Steve Nagel X John Anderson Jim Winder X Charles Antos Gordon Shanks A Tom Beamish Rose Espinoza X Keith Bohr Don Hansen X Bill Dalton Andrew Do X Jon Dumitru Denis Bilodeau X Troy Edgar Ken Stephens X James M. Ferryman Bob Ooten X Phil Luebben Prakash Narain X Patsy Marshall Fred Smith X Roy Moore Ron Garcia X Joy Neugebauer Al Krippner X Chris Norby Janet Nguyen X Sharon Quirk Pam Keller X Brad Reese Bill Mac Aloney X David Shawver Carol Warren X Christina Shea Steven Choi X Harry Sidhu Lucille Kring A Sal Tinajero David Benavides X Constance Underhill Joseph Aguirre X Mark Waldman Henry Charoen A Don Webb Leslie Daigle A John Withers Douglas Reinhart STAFF MEMBERS PRESENT: Bob Ghirelli, Assistant General Manager; Penny Kyle, Clerk of the Board; Nick Arhontes; Jim Herberg; Ed Torres; Lorenzo Tyner; Lilia Kovac; Norbert Gaia; Michael Gold; Wes Bauer; Jeff Reed; Mike Moore; Paula Zeller; Simon Watson; Chuck Forman; Phil Cordova; Ryal Wheeler; Chuck Winsor OTHERS PRESENT: Brad Hogin, General Counsel; Alternate Director Bob Ooten; Randy Fuhrman; Drew Kolosky Minutes of Board Meeting 08/26/09 Page 3 PUBLIC COMMENTS There were no comments. REPORT OF THE CHAIR Doug Davert, Board Chair, reported that Jim Ruth would be honored on September 18' with the 2009 Spurgeon Award. He requested Vice Chair Crandall to provide the members with a brief report on the CASA Conference held earlier that month in San Diego. Nick Arhontes came forward and recognized Phil Cordova for 20 years and Chuck Forman for 30 years of employment with the Sanitation District. The meetings for September were announced, as well as the Strategic Plan Workshop which will be held on October 21st at 5:00 p.m. Alternate Directors are also invited to attend. The Clerk of the Board reported on modifications to the agenda. It was noted that Item 2, the July 22, 2009 Board Minutes, had been corrected; Item 11(b) added Addendum No. 3; and, Item 12(d) and (e)were corrected to reflect lower amounts for contract award and contingency. REPORT OF THE GENERAL MANAGER Bob Ghirelli, Assistant General Manager, recognized Nick Arhontes and Simon Watson who provided a report on the progress made on the District's Asset Management Program. REPORT OF THE GENERAL COUNSEL Brad Hogin, General Counsel, reported that the motion to dismiss filed in November 2008 on behalf of the South Coast Air Quality Management District regarding emission offsets had been granted. RATIFICATION OF PAYMENT OF CLAIMS MOVED, SECONDED AND DULY CARRIED: Ratify payment of claims, as corrected and set forth on Exhibits "A" and "B", attached hereto and made a part of these minutes. ALL DISTRICTS 07/15/09 07/31/09 Totals $24,849,758.68 $49,658,154.98 Director Crandall abstained from discussion and voting on Warrant No. 22820. Director Dalton abstained from discussion and voting on Warrant Nos. 22613 and 22973. Director Luebben abstained from discussion and voting on Warrant Nos.22340, 22548, 22841, 22902, 23073 and 23253. Director Shawver abstained from discussion and voting on Warrant Nos. 21951 and 22292. Directors Bohr, Norby, Shea and Sidhu abstained from discussion and voting on all warrants. Abstentions were pursuant to California Government Code Section 84308. Minutes of Board Meeting 08/26/09 Page 4 CONSENT CALENDAR (2 - 7) 2. MOVED, SECONDED AND DULY CARRIED: Approve the minutes for the regular meeting held on July 22, 2009, to be filed and deemed approved, as corrected. Director Shea abstained. 3. MOVED, SECONDED AND DULY CARRIED: a) Approve a Professional Consultant Services Agreement with Malcolm Pirnie, Inc. to provide construction support services for Replacement of the Rocky Point Pump Station, Contract No. 5- 50, for an amount not to exceed $897,650; and, b) Approve a contingency of$89,765 (10%). 4. MOVED, SECONDED AND DULY CARRIED: a) Approve a Professional Consultant Services Agreement with Dudek, Inc. to provide construction support services for Bayside Drive Improvement, Contract No. 5-61, for an amount not to exceed $149,781; and, b) Approve a contingency of$14,978 (10%). 5. MOVED, SECONDED AND DULY CARRIED: a) Approve a budget increase of $354,000 to Rehabilitation of College Avenue Pump Station, Contract No. 7-47, for a total budget amount of$11,246,000; and, b) Approve a contingency increase of$173,760 (3%) to the construction contract with Norman A. Olsson Construction, Inc., for Rehabilitation of College Avenue Pump Station, Contract No. 7-47, for a total contingency of$463,360 (8%). 6. MOVED, SECONDED AND DULY CARRIED: a) Approve a sole source purchase order agreement with Putzmeister America, Inc., for maintenance service of the Plant 2 biosolids transfer and loading equipment, for an amount not to exceed $320,000; and, b) Approve a contingency of$64,000 (20%). 7. MOVED, SECONDED AND DULY CARRIED: Approve a Mutual Aid Membership Agreement with the California Water/Wastewater Agency Response Network, in a form approved by General Counsel. STEERING COMMITTEE (8 - 9) 8. MOVED, SECONDED AND DULY CARRIED: Order Steering Committee Minutes for the regular meeting held on July 22, 2009 to be filed. Minutes of Board Meeting 08/26/09 Page 5 9. MOVED, SECONDED AND DULY CARRIED: a)Adopt Resolution No. OCSD 09-12, Approving an Amended and Restated Orange County Council of Governments (OCCOG) Joint Powers Agreement, in a form approved by General Counsel; and, b) Approve annual membership dues to OCCOG in an amount not to exceed $5,000 per year. GWR SYSTEM STEERING COMMITTEE (10) 10. MOVED, SECONDED AND DULY CARRIED: Approve Joint Groundwater Replenishment System Steering Committee minutes for the meeting held on June 8, 2009, to be filed. NON-CONSENT CALENDAR (11 - 13) 11. MOVED, SECONDED AND DULY CARRIED: a) Approve Plans and Specifications for Replacement of the Rocky Point Pump Station, Contract No. 5-50, on file at the office of the Clerk of the Board; b) Approve Addendum Nos. 1, 2 and 3 to the plans and specifications; c) Receive and file bid tabulation and recommendation; d) Award a construction contract to Kiewit/Mass, a Joint Venture for Replacement of the Rocky Point Pump Station, Contract No. 5-50, for a total amount not to exceed $8,383,000; and, e) Approve a contingency of$502,980 (6%). 12. MOVED, SECONDED AND DULY CARRIED: a)Approve Plans and Specifications for Bayside Drive Improvement, Contract No. 5-61, on file at the office of the Clerk of the Board; b) Approve Addendum Nos. 1, 2, and 3 to the plans and specifications; c) Receive and file bid tabulation and recommendation; d) Award a construction contract to Colich & Sons, L.P., for Bayside Drive Improvement, Contract No. 5-61, for a total amount not to exceed $1,385,000; and, e) Approve a contingency of$83,100 (6%). 13. Ordinance No. OCSD-39, an Ordinance of the Board of Directors of Orange County Sanitation District, Establishing Wastewater Discharge Regulations, Revising Article 1, Section 104, and Repealing Ordinance No. OCSD-37: Minutes of Board Meeting 08/26/09 Page 6 a. MOVED, SECONDED AND UNANIMOUSLY CARRIED: Read Ordinance No. OCSD-39 by title only and waive reading of said entire ordinance. b. MOVED, SECONDED AND DULY CARRIED: Introduce Ordinance No. OCSD-39, and pass to second reading and public hearing on September 23, 2009. By a showing of hands the motion was approved by a vote of 12 in support and six in opposition. CLOSED SESSION CONVENE IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): The Board convened in closed session at 7:30 p.m. pursuant to Government Code Section 54956.9 to discuss one matter. RECONVENE IN REGULAR SESSION: The Board reconvened in regular session at 7:50 p.m. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY Director Norby reported he was arranging for a tour of the Rialto sludge facility on September 18' and to contact him for additional information. ADJOURNMENT: The Chair declared the meeting adjourned at 7:50 p.m. Penny M. Kyle Clerk of the Board Orange County Sanitation District BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 09/23/09 AGENDA REPORT Item Number Item Number 3 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering CIP Project Manager: Hardat Khublall SUBJECT: SANTA ANA RIVER INTERCEPTOR, 2009-10 PROTECTION REPAIRS, CONTRACT NO. 2-41-6 (SPECIFICATION NO. FR-2009-433BD) GENERAL MANAGER'S RECOMMENDATION 1. Approve a budget Increase of $153,000 for a total project budget not to exceed $983,000 for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2-41-6; 2. Approve Plans and Specifications for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2-41-6, on file at the office of the Clerk of the Board; 3. Receive and file bid tabulation and recommendation; 4. Award a contract to Jamison Engineering Contractors, Inc. for Santa Ana River Interceptor 2009-10 Protection Repairs, Contract No. 2-41-6 (Specification No. FR-2009-433BD) for an amount not to exceed $552,244.70; and, 5. Approve a contingency of $55,225 (10%). SUMMARY • The existing Santa Ana River Interceptor (SARI) has been subjected to continued scour of overlying soil and could be washed away during high storm releases from Prado Dam. This risk has prompted the Orange County Sanitation District (Sanitation District) to implement a monitoring program to continuously survey the line for erosion each year, or after any major flood event. • In 2004 and 2005, following some major flood events that caused excessive erosion, the Sanitation District installed several grade stabilizers to help protect the pipeline from further scour within the low flow channel of the river. • The 2009 annual monitoring survey has revealed that scour of the soil cover over the pipeline has occurred adjacent to some of the grade stabilizers at three locations where the pipeline crosses the low flow channel of the Santa Ana River. Form No.DW-102-2 Revised 03/01/07 Page 1 • The U.S. Army Corps of Engineers (USACE) is requiring that the Sanitation District complete all repairs between September 15, 2009 and November 15, 2009 outside of the Least Bells Vireo nesting season. • Taking into account the specialized nature of the work, time constraints, and the risk of catastrophic pipeline failures, the specialized services provision of the Delegation of Authority has been enacted. This approach will mitigate many of the potential risks and expedite the completion of the project. • As authorized at the July 22, 2009 Board Meeting, sealed bids were received on September 8, 2009 from two contractors: Jamison Engineering Contractors, Inc., and Ken Thompson, Inc. After the evaluation of the bids by the Evaluation Team, the low bidder was deemed "Responsible and Responsive." Summary information on the bid opening for Contract No. 2-41-6 is as follows: Project Budget $ 830,000.00 Construction Contract Budget $ 530,000.00 Engineer's Estimate $ 400,000.00 Lowest Responsive, Responsible Bid $ 552,244.70 High Bid $ 967,580.00 PRIOR COMMITTEE/BOARD ACTIONS At the July 22, 2009 meeting, the Sanitation District Board of Directors approved a budget increase of$630,000 for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2-41-6, for a total budget amount not to exceed $830,000; and, authorized the General Manager to enact the specialized services provision of the Delegation of Authority Resolution No. 07-04, Section 3.10, Subsection A (4), to solicit bids and subsequently award to either Jamison Engineering Contractors, Inc., or Ken Thompson, Inc., a maintenance repair contract for Santa Ana River Interceptor, 2009-10 Protection Repairs, Contract No. 2-41-6, for an amount not to exceed $400,000; and, Approved a contingency of $40,000 (10%). ADDITIONAL INFORMATION Two bids were received on September 8, 2009 from Jamison Engineering, Inc., and Ken Thompson, Inc. The low bidder, Jamison Engineering, Inc., in the amount of $552, 244.70, was greater than the Board authorized amount for the General Manager's approval and above the construction budget authorized for this project. This request is to increase the project budget and construction contingency and award a construction contract to Jamison Engineering Contractors, Inc. Form No.DW-102-2 Revised 03/01/07 Page 2 CEQA COMPLIANCE A Notice of Exemption was filed on August 3, 2009. The recommended action is categorically exempt pursuant to CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, and/or minor alteration of existing public structures, facilities, and/or mechanical equipment, involving no expansion of use beyond that currently existing. The recommended action is also statutorily exempt pursuant to Public Resource Sections 21080(b)(2) and 21080(b)(4) because specific actions are necessary to prevent an emergency. This item has been budgeted, but there are insufficient funds. (Budget Book Update Page A-13). Award Date: 09/23/09 Contract Amount: $552,244.70 Contingency: $55,224.47 (10%) HK:eh:gc H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 3.2-41-6 SARI.docx Form No.DW-102-2 Revised 03/01/07 Page 3 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 09/23/09 AGENDA REPORT Item Number Item Number 4 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering SUBJECT: SANTA ANA RIVER INTERCEPTOR REALIGNMENT AND PROTECTION GENERAL MANAGER'S RECOMMENDATION Adopt Resolution No. 09-13, Encouraging the Orange County Board of Supervisors to expedite the Certification of the Environmental Impact Report for the Realignment and Protection of the Santa Ana River Interceptor. SUMMARY • A Draft Environmental Impact Report (EIR) for the project has been prepared and circulated for public review in accordance with the California Environmental Quality Act (CEQA). The County of Orange is the lead agency under CEQA for certification of the EIR. • It is important that the Santa Ana River Interceptor (SARI) be relocated in order to protect the pipeline from damage due to high flows in the Santa Ana River. The General Manager recommends that the Orange County Sanitation District Board of Directors encourage the Orange County Board of Supervisors to expeditiously certify the EIR so that progress can continue on the relocation project. PRIOR COMMITTEE/BOARD ACTIONS N/A ADDITIONAL INFORMATION N/A ATTACHMENTS Proposed Resolution No. OCSD 09-13 JDH:gc Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 1 RESOLUTION NO. OCSD 09-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT, ENCOURAGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO EXPEDITE THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT FOR THE REALIGNMENT AND PROTECTION OF THE SANTA ANA RIVER INTERCEPTOR WHEREAS, The Santa Ana River Interceptor (SARI Line) provides critical sewer service to the upper Santa Ana River Watershed and the Orange County Sanitation District; WHEREAS, with the raising of Prado Dam, the SARI Line must be relocated in order to protect the pipeline and downstream Sanitation District facilities from sewage spills; and, WHEREAS, an Environmental Impact Report has been prepared analyzing several relocation options. THEREFORE, BE IT FURTHER RESOLVED, that the Orange County Sanitation District Board of Directors encourages the Orange County Board of Supervisors to expeditiously certify the Environmental Impact Report so that continued progress can be made on the relocation and protection of the SARI Line. PASSED AND ADOPTED at a regular meeting held September 23, 2009. Chair ATTEST: Clerk of the Board OPERATIONS COMMITTEE Meeting Date To 09/02/09 09/9/23/09 AGENDA REPORT Item Number Item Number 2 7 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: James D. Herberg, Director of Engineering Project Manager: Alberto Acevedo SUBJECT: REHABILITATION OF DISTRICT SIPHONS, CONTRACT NO. 2-68 GENERAL MANAGER'S RECOMMENDATIONS Approve a budget amendment in the amount of $137,518 for Rehabilitation of District Siphons, Contract No. 2-68, for a total budget of $8,141,518. SUMMARY • This action was previously requested and approved in April 2009, however due to complications with the preparation of the FY 2009-10 Budget Update, the project budget was subsequently approved with a lower amount in June 2009. The FY 2009-10 Budget Update was inaccurate since it did not include the April amendment. • Rehabilitation of District Siphons, Contract No. 2-68, is reconfiguring sewer siphons in many locations throughout the Sanitation District's service area. The project was increased to account for Consultant Amendments, Contractor Change Orders, and Sanitation District labor costs required to finish the construction work which required more effort than anticipated. PRIOR COMMITTEE/BOARD ACTIONS April 2009 —Approved of the budget amendment of $457,418 for a total budget amount of $8,141,518. September 2008 — Approved a budget increase of$128,100 for Rehabilitation of District Siphons, Contract No. 2-68, for a total budget amount of$7,684,100. May 2008 —Approved a budget increase of $128,100 for Rehabilitation of District Siphons, Contract No. 2-68, for a total budget of $7,854,100. Approved a contingency increase of $137,108 (3%) to the construction contract with Ken Thompson, Inc. for Rehabilitation of District Siphons, Contract No. 2-68, for a total contingency of $363,008 (8%). Form No.DW-102-2 Revised 03/01/07 Page 1 August 2007 — Approved a contract with Ken Thompson, Inc. for the construction of Rehabilitation of District Siphons, Contract No. 2-68, for a total amount not to exceed $4,537,600. Approved a contingency of$226,900 (5%). ADDITIONAL INFORMATION This action complies with the authority levels in the Sanitation District's Delegation of Authority. This item has been budgeted (FY 2009-10 Budget Update, Item 8, Page A-7) but the budget is insufficient. The budget increase will be funded from Sanitation District reserves. Award Date: N/A Contract Amount: N/A Contingency: N/A JH:WS:eh H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 7.2-68 Bdgt Amndmt.docx Form No.DW-102-2 Revised 03/01/07 Page 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 09/02/09 09/23/09 AGENDA REPORT Item Number Item Number 3 8 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Alberto Acevedo SUBJECT: REHABILITATION OF WESTSIDE PUMP STATION, CONTRACT NO. 3-52 GENERAL MANAGER'S RECOMMENDATION 1. Approve a budget increase of $516,000 for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total budget amount of $11,025,000; and 2. Approve a contingency increase of $176,550 (3%) to the construction contract with Norm A. Olsson Construction, Inc., for Rehabilitation of Westside Pump Station, Contract No. 3-52, for a total contingency of $470,800 (8%). SUMMARY • This project will rehabilitate Westside Pump Station. The rehabilitation includes the design and construction of mechanical, electrical, instrumentation and controls, structural, landscape, and architectural improvements to bring the facility into compliance with Orange County Sanitation District (Sanitation District) Standards. • The project was awarded on June 25, 2008. Notice to Proceed was issued to the contractor on August 26, 2008. • There have been significant additional costs incurred on this project due to unknown subsurface differing site conditions and interferences. • The project has incurred roughly $175,000 of additional costs that corresponds to 60% of the previously approved contingency, or 2.97% of the total contract amount. • The project is 40% complete and in order to be able to cover any further unexpected field conditions or interferences, staff has determined that the contingency budget of 5% is inadequate and requests an additional contingency of$176,550 (3%) for a total project contingency of $470,800 (8%). • The existing project budget is not sufficient to cover the requested additional contingency, and additional time for inspection and technical support staff during the construction phase. Therefore, we are requesting a budget increase of$516,000 for a total budget of $11 ,025,000. Form No.DW-102-2 Revised 08/15/08 Page 1 PRIOR COMMITTEE/BOARD ACTIONS June, 2009 - Budget Update for FY 2009-10, budget amount for Rehabilitation of College Avenue Pump Station, Contract No. 7-47 is $10,509,000. June, 2008 — Awarded a contract to Norm A. Olsson Construction, Inc., for the construction of the Rehabilitation of Westside Pump Station, Contract No. 3-52, for an amount not to exceed $5,885,000. ADDITIONAL INFORMATION This request for increase in the project contingency complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted (FY 2009-10 Budget Update: Item 11 , Page A-7) but the budget is insufficient. The budget increases will be funded from Sanitation District's reserves. Award Date: 06/25/08 Contract Amount: $ 5,885,000 Contingency: $294,250 (5%) 09/23/09 $176,550 (3%) $470,800 (8%) JH:AA:eh H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 8.06.3-52 Contingency.docx Form No.DW-102-2 Revised 08/15/08 Page 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 09/02/09 09/23/09 AGENDA REPORT Item Number Item Number 4 9 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Steven Schock SUBJECT: ELLIS AVENUE PUMP STATION CONSTRUCTION, CONTRACT NO. 1-10B GENERAL MANAGER'S RECOMMENDATION Approve a reduction in retention to not less than 1% ($282,715) of the total contract amount for the Construction Contract with J. F. Shea Construction, Inc. for Ellis Avenue Pump Station Construction, Contract No. 1-10B. SUMMARY • This project constructed a new 50 mgd lift which has been dedicated as the Steve Anderson Lift Station. • Orange County Sanitation District (Sanitation District) has had beneficial use of the pump station since May 2009, and the work is 99% complete. The remaining work is being pursued by the Contractor in a diligent manner. • Current contract retention is $1,413,575, or 5% of the Construction Contract amount. • The Sanitation District will be issuing additional change order work as a result of design deficiencies and unexpected operating conditions. These issues will likely extend the contract for three or four months. • Since all the remaining contract work is minor and the new work will extend the contract period three to four months, staff has determined that a reduction in retention as described above is justifiable. PRIOR COMMITTEE/BOARD ACTIONS December 2006 - Awarded Ellis Avenue Pump Station Construction, Contract No. 1-1013, to J.F. Shea Construction, Inc., for $27,717,245 and a 5% contingency. A notice to proceed was issued January 29, 2007. Form No.DW-102-2 Revised 08/15/08 Page 1 ADDITIONAL INFORMATION This complies with authority levels of the Sanitation District's Delegation of Authority. This item has been budgeted. (Line item: Section 8, Page A-8, Item 37). Award Date: 12/20/06 Contract Amount: $27,717,245 Contingency: 5% JH:SS:eh:gc H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 9.1-10-Rev1.docx Form No.DW-102-2 Revised 08/15/08 Page 2 OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 09/02/09 09/23/09 AGENDA REPORT Item Number Item Number 5 10 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Nick Arhontes, Director of Operations and Maintenance SUBJECT: AGREEMENT WITH COSTA MESA SANITARY DISTRICT TO TRANSFER SEWER PIPELINES AND ASSOCIATED EASEMENT RIGHTS GENERAL MANAGER'S RECOMMENDATION Approve a Quitclaim Grant of Property Rights in Sewer Pipeline and Assignment of Accompanying Easement Rights from Orange County Sanitation District to the Costa Mesa Sanitary District, in the amount not to exceed $1,300,000, in a form approved by General Counsel. SUMMARY This revised agreement now recommended by both parties can immediately transfer these six local sewers and alleviate any future obligations by OCSD. Assets consist of 57 manholes and 57 separate sewer pipeline segments between manholes comprising 15,842 linear feet of gravity sewer pipes from 8-inches to 18-inches in diameter. This revised transfer agreement frees up OCSD O&M, Engineering, and Finance staff to focus more on other areas of the regional sewer system. This $1 ,300,000 item has not been budgeted. The OCSD O&M and Finance Directors met in July and agreed that current and future O&M and Capital funds allocated for the care of these assets would be reallocated to be used as the source of this payment. PRIOR COMMITTEE/BOARD ACTIONS November 19, 2008 —Approved an agreement with Costa Mesa Sanitary District (CMSD) transferring ownership and associated easement rights for six local sewers within the CMSD service area boundaries, in a form approved by General Counsel. ADDITIONAL INFORMATION OCSD currently collects no local sewer service revenue stream for provision of these services. Current funding is provided only thru the annual regional sewer user fees. After the transfer is completed, CMSD would be able to charge any future residential, commercial owner, or developers requesting a connection permit from CMSD, the applicable CMSD sewer connection permit fees in existence at that time. In addition, Form No.DW-102-2 Revised 03/01/07 Page 1 since OCSD will continue to be the regional sewer collection agency, any and all applicable OCSD Capital Facilities Capacity Charges would still apply and OCSD will be entitled to continue collecting those fees as future development within the CMSD service area occurs. In September 2008 CMSD staff sent a report to OCSD identifying 39 pipeline defects or items of concern as a part of their due diligence process. The sewers in the transfer areas were constructed by OCSD in 1966 thru 1985 depending on the particular area. Transfer area 6 was originally built by US Government in the early 1940s as a part of the Santa Ana Army Air Base facilities and transferred to OCSD thereafter. The original transfer agreement developed in November 2008 allowed OCSD up to five years after the date of transfer to fix or repair the identified sewer pipeline defects. These needed repairs would bring the sewers back to a good but not excellent condition. The methods and costs for these engineered repairs needed to be estimated. In February 2009, an OCSD cost estimator issued a rough Cost Estimate for the cost of repairs based upon the 39 pipeline defects or items of concern using cost information obtained from contractors who are currently doing similar repairs in the industry. Those estimated costs by transfer area are shown below: Transfer Area No. 1 $170,964.74 Transfer Area No. 2 $267,345.01 Transfer Area No. 3 $108,965.86 Transfer Area No. 4 $304,332.71 Transfer Area No. 5 $169,542.08 Transfer Area No. 6 $ 54,526.99 Total: $1,075,677.3 Range of Probable Costs: $1 Million - $1.3 Million The above cost estimates to complete the needed repairs do not include OCSD staff and management time and consultants to plan, specify, bid and oversee the work to OCSD standards on a multi-year approach. In July 2009, the CMSD Board of Directors authorized acceptance of a revised local sewer transfer agreement with OCSD with the provision that OCSD provide a payment of $1.3 Million to CMSD thus immediately eliminating OCSD's future obligations. OCSD staff recommends this approach. If OCSD were to remain as the owner, these repairs would still need to be made. This transfer also alleviates an OCSD need to establish a local sewer service fee for long-term asset management purposes. ATTACHMENTS Exhibit A - Transfer Area Form No.DW-102-2 Revised 03/01/07 Page 2 U' * i i► - Santa Ana �x = >; Sunflower Trunk , r2r.7., =ewe=-°e°e=o°e°eeoe#__--_---t-=��e=ems °°e.-==°e�°e=e.�e °e-e°°°e=e -------- --� t" -FPO _ c:T- I arm` Transfer Area 5 ;E:=E•, t .:' -------- — ---- J 40 ,M -_` r r - f ��'- >Tra *� i Transfer Area 3 i ® y`' `_ F . ,� • s,� I Transfer Area 4 _ ® > ,I I Transfer Area 2co + • ' _.. _ .�� - __- - - _ i, r 1 Transfer Area 1 ------------stt� .� " � ��.,1_,.v , r+�,, ;405 Fw - ® ® —,.�• ®- - - - 0 -=°e°oe- o oe-°°o°o�o°e-°o°e_- I Gisler-Red Hill Interceptorco _ la �_��•` �� `-r 'eC• � i4. �:"�: *. • 1 ' * a t• • asj%., 1 - - �w q'• rt i�.:..� L.V'.-r �, �� ~ �E !,' �� - ' - - .' _ • _ .%sM 4`W 1 ! .:t � b��° : '�• r� �I 111 '� l r .;i�• m [ !. .•' .-x 'PWWfir `►ii'� �_ ,, j p,�._ [ �,+�r �I I`�,, _ 'r7-T�r w + r.• , : Costa Mesa � ,� �� . .� ref y�..,. > = i �• ;. / jW y • ems. �. - r�'~ e BAKER ST � 5a, '� ram_ ., ---=r, _. �'"t"__ .f•+ . .: { ----------- -� eeoee°e ---------e BAKER ST ✓ js ar' C , Gt----- --�- ♦---------------off .y Baker-Lister Interceptor 49, •P * "ryk �' u 4x� oar"k' -�-.. Y `" $ ' .._ � -t _ •.. -rL �� ,� r,`�� +►Q IV � � -�' � 4 �, -*{ J>�i� r...f�" 1f'.4� ® fr+ - - a �.. �:�.6�J 1�i� _ .fL .i i�r 1 't- �•� / �, FA Transfer Area 641 i 4'� �% l ,}' • '�}� AMS Av - g. r r .7�_ '� =• +�f/ �. r` ter' { { egend Orange County Sanitation District/Costa Mesa Sanitary District Sewer Transfer Manholes Sewers Transfer Transfer Exhibit A ® CMSD-Transfered CMSD-Transfered Transfer Area ® OCSD-Retained OCSD-Retained • OCSD ---------------- OCSD Prepared By; A. Nazaroff City Boundary Costa Mesa Date October 2008 Santa Ana 1,200 600 0 1,200 Feet Rev 2 Unincorporated CMSD Sewer Transfers-May 2008_v01.mxd OPERATIONS COMMITTEE Meeting Date To Bd. of Dir. 09/02/09 09/23/09 AGENDA REPORT Item Number Item Number 6 li Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Alberto Acevedo SUBJECT: REHABILITATION OF MAGNOLIA TRUNK SEWER, CONTRACT NO. 3-58 GENERAL MANAGER'S RECOMMENDATION 1. Authorize the General Manager to issue a Request for Proposal for Design-Build Services to the three most qualified firms for Rehabilitation of Magnolia Trunk Sewer, Contract No. 3-58; and, 2. Authorize the General Manager to negotiate a Design-Build Contract Agreement for said project with the Design-Build firm providing "best value," as defined by the Public Contract Code, to be awarded by the Board of Directors at a future meeting. SUMMARY • This project will completely rehabilitate the lower reaches of the Magnolia Trunk Sewer, consisting of approximately five miles of 48-inch and 78-inch diameter PVC- lined reinforced concrete pipe including 30 manholes and a 36-inch diameter siphon facility. This work is estimated to cost between $14 million and $20 million, depending on the technology used. • Pursuant to Public Contract Code § 20785, the Orange County Sanitation District (Sanitation District) is authorized to issue a Design-Build contract as a project delivery method. • AECOM (Earth Tech, Inc) has prepared Design-Build contract documents and is supporting Sanitation District staff to procure these services. AECOM will act as the Owner's Representative during the procurement and construction phases of the project. • Staff issued a Request for Qualifications for the Design Build Services. Statements of Qualifications (SOQs) were received from seven firms. Staff evaluated the SOQs using a standardized scoring methodology to select the three most qualified teams to receive Requests for Proposal. The teams selected were those considered to be most likely to provide "best value", as defined by the Public Contract Code. Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 1 • Staff will evaluate submitted proposals and negotiate as necessary in good faith, using pre-established rules and procedures, to determine the "best value" selection. The recommendation will be presented to the Board of Directors for action in January 2010. PRIOR COMMITTEE/BOARD ACTIONS January 2008 — Approved Amendment No.1 to the Professional Services Agreement with Earth Tech, Inc. for additional engineering services for the preparation of Design Build Documentation for an additional amount of $1,022,083 increasing the total contract amount not to exceed $1,721,179. November 2007 —Authorized staff to commence negotiations with Earth Tech, Inc. to provide additional engineering services for the preparation of Design Build Documentation for the Rehabilitation of the Magnolia Trunk Sewer, Contract No. 3-58. March 2006 —Approved Professional Services Agreement with Earth Tech, Inc. to prepare a Pipeline Condition Assessment Report for an amount not to exceed $699,096. California Environmental Quality Act (CEQA): This project was included in the collection system Programmatic Environmental Impact Report (PEIR). However, the consultant AECOM (Earth Tech, Inc.) is completing a supplemental CEQA review to determine if additional documentation and public reviews are necessary prior to construction. ADDITIONAL INFORMATION This item has been budgeted. (FY 2009-10 Budget Update: Item No. 13, Page A-7). Project funds will be used for this request. Award Date: N/A Contract Amount: N/A Contingency %: N/A JH:AA:aln:eh:gc H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 11.3-58 RFP Design Bld.docx Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 2 ADMINISTRATION COMMITTEE Meeting Date To Bd. of Dir. 09/09/09 09/23/09 AGENDA REPORT Item Number Item Number 2 13 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 2009B (CERTIFICATE ANTICIPATION NOTES) GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to issue Refunding Certificates of Participation, Series 2009B, in one-year fixed-rate certificate anticipation notes in an amount not to exceed $181 million to replace the $176 million Refunding Certificates of Participation, Series 2008C certificate anticipation notes maturing in December 2009. SUMMARY In March 2006, the District issued $200 million of variable rate Certificates of Participation (COP), Series 2006 ("2006 COPs"). From inception through August 2008, the average variable rate on the 2006 COPs was 2.95% or 0.22% less than the SIFMA index (weekly market index of tax-exempt variable rate obligations). As the global financial crisis took hold, there was a significant increase in the borrowing cost of the District, including all municipal borrowers, as the 2006 COPs averaged 4.29% (or 1.56% above the SIFMA index) for the period between September 2008 and December 2008. A good deal of the increase in variable rate cost can be attributed to the weakened financial strength of the bank, DEPFA Bank plc, providing liquidity support on the 2006 COPs. In December 2008, the District proactively refunded the 2006 COPs with the Refunding COP Series 2008C Certificate Anticipation Notes (the "2008C CANs") to reduce its exposure to higher variable rate costs. The yield on the 2008C CANs is 0.98% for the one-year period ending December 10, 2009. The issuance of the 2008C CANs allowed the District to redeem the 2006 COPs at an all-in cost of less than 1.25% and avoid paying a bank rate of 4.75% which would have been effective starting in January 2009. The interest rate on the 2008C CANs was fixed for only one-year and the entire $176 million plus interest becomes due and payable on December 10, 2009. The District is responsible for the repayment of$176 million plus interest or the District could choose to refinance the 2008C CANs. Staff does not recommend the use of$176 million of cash to repay the 2008C CANs; therefore, there are a number of refinancing options available to the District. PRIOR COMMITTEE/BOARD ACTIONS November 2008 - Board adopted Resolution No. OCSD 08-22, Authorizing the Execution and Delivery by the District of an Installment Purchase Agreement, a Trust Agreement, an Escrow Agreement, a Note Purchase Agreement, and a Continuing Disclosure Agreement in connection with the execution and delivery of Orange County Sanitation District Refunding Certificates of Participation, Series 2008C (Certificate Anticipation Notes), such Notes Evidencing Principal in an Aggregate Amount of Not to Exceed $198,000,000, Approving an Official Statement in Connection with the Offering and Sale of such Notes and Authorizing the Execution of Other Necessary Documents and Related Actions. Page 1 ADDITIONAL INFORMATION Options Available to the District 1. Refund the Maturing 2008C CANs with Fixed Rate Debt The issuance of long-term fixed rate refunding debt will eliminate market access risks (ability to issue debt to refinance maturing debt) and interest rate risk (additional costs if rates reset higher or are higher upon a future refinancing). After the issuance of fixed rate debt, the District will not be exposed to changing market conditions. The issuance of long-term fixed rate debt in the current market would result in an average borrowing cost of approximately 4.55%. Fixed rate debt would also remove the interest rate hedge originally desired by the District (in 2006)which was intended to insulate the District from changes in short-term interest rates as the variable rates on the 2006 COPs would be expected to move in tandem with the District's fluctuating investment portfolio earnings. The following is a cost summary of Option 1 (Fixed Rate Debt) over the next year: 4.550% Assumed Average Fixed Rate 0.026 Costs of Issuance ($325,000 amortized over life of COPs) 0.055 Underwriter Costs ($1,057,000 amortized over life of COPs) 4.631% Fixed Rate Cost 2. Refund the Maturing 2008C CANs with Variable Rate Debt Current variable rates on California municipal debt are extremely low and attractive at approximately 0.20%. However, the availability of bank support is limited and very expensive in the current marketplace. In addition, the terms and conditions currently demanded by banks are onerous. The following is a cost comparison versus Option 1 (Fixed Rate Debt) over the next year. ?????% Average Variable Rate 1.011 Bank Liquidity Fee 0.100 Remarketing Fee 0.020 Costs of Issuance ($375,000 amortized over life of COPs) 0.012 Underwriter Costs ($220,000 amortized over life of COPs) 1.143% + ??% or (3.488% less unknown variable rates) less than Option 1 3. Refund the Maturing 2008C CANs with a New CANs issue Since the issuance of the 2008C CANs, short-term interest rates have continued to decline as the current market rate for CANs is approximately 0.50%. The issuance of refunding CANs will allow the District to borrow at a low fixed rate and wait for a more attractive future opportunity to structure a longer-term solution. The CANs structure will eliminate exposure to potentially weak liquidity banks and the risk that short-term rates will rise from historic low levels over the next year. Although current variable rates are low (see Option 2. above), it is highly unlikely that rates will continue to be so low (0.20%). Page 2 The following is a cost summary of Option 3 (CANs) over the next year. 0.500% Assumed One-Year Rate 0.170 Costs of Issuance ($300,000 amortized over one year) 0.125 Underwriter Costs ($220,000 amortized over one year) 0.795% or 3.836% less than Option 1 (equal to $6.76 million of savings) A comparison of the CANs refinancing structure to Option 2 above (Variable Rate Debt) shows that unknown variable rates must be less than zero for variable rate debt to generate a better economic result. The major risk with a CANs structure occurs if the District does not have market access to remarket the CANs at maturity. However, the District has a substantial amount of reserves that could (if the Board chooses) be used to redeem CANs if market access is not available. Staff intends to build in safeguards to avoid the use of District reserves unless absolutely necessary: for example, beginning the process of refinancing well in advance of the maturity date of the CANs. To further reduce interest rate risk (additional costs if rates reset higher or are higher upon a future refinancing) the District could establish an Accelerated Rate Management (ARM) program with the one-year CAN refinancing debt issuance. The ARM program uses accrued savings (i.e., 0.98% rate on 2008C CANs and anticipated 0.50% rate on one-year CAN) compared to a fixed rate assumption (i.e., 2006 fixed rate of 4.54%) to reducing the outstanding amount of debt on a periodic basis. As less debt is outstanding, the District significantly reduces its interest rate risk (if higher interest rates occur, the net effect is less because the higher interest is calculated on less principal). Staff is recommending Option 3, the refunding of the 2008C CANs with a new one-year CAN that will again enable the District to lock-in a low rate for approximately one year without (a) encumbering cash reserves; (b) exposing the District to risks associated with variable rate debt; and, (c) allowing for flexibility to refinance in a more attractive rate environment. If the District pursues Option 3, the refunding CANs can be sold on a competitive basis in order to obtain the lowest financing cost possible. Staff and consultants will be available to make a brief presentation and provide an overview of the financing schedule at the Board meeting. Following is a chart listing the remaining steps to be completed for the issuance of the COP Series 2009B (Certificate Anticipation Notes) debt issuance: ➢ Board approval of legal and disclosure documents October ➢ Financing Corporation approval of legal and disclosure documents ➢ Receive Ratings from Bond Rating Agencies November ➢ Receive competitive bids ➢ Closing December Redemption Notice Page 3 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 09/23/09 AGENDA REPORT Item Number Item Number 15 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Jim Herberg, Director of Engineering Project Manager: Jim Burror, Supervisor SUBJECT: AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS OF THE CITY OF LONG BEACH TO ACCEPT OUT OF SERVICE AREA SEWAGE FLOW FROM THE HAYNES GENERATING STATION GENERAL MANAGER'S RECOMMENDATION Approve an Out of Service Area Sewer Service and Connection Agreement with the Board of Water Commissioners of the City of Long Beach to accept sewage flow from the Haynes Generating Station, in a form approved by General Counsel. SUMMARY • The Los Angeles Department of Water and Power (LADWP) owns and operates the Haynes Generating Station (Haynes Plant) located at 6801 East Second Street in the City of Long Beach (City). • The Haynes Plant is within the City, and has tributary sewage flows to the Orange County Sanitation District (OCSD) because it is located on the East side of the San Gabriel River (on Westminster Avenue). • LADWP currently treats both domestic and industrial sewage on-site prior to discharging to the San Gabriel River. LADWP wishes to cease treating its domestic sanitary sewage on-site and has requested discharging the untreated domestic sewage into an existing Long Beach Water Department (LBWD) pump station that serves a tract of houses located south of the Haynes Plant. • Acting as the local sewer service provider, LBWD is requesting that the Haynes Plant be allowed to connect their sewage flow into a pump station and force main system, which currently serves the Long Beach Island Village residential development. This residential development sends flows to the OCSD collection system through a similar agreement that was executed in 1973. • LADWP will also have an agreement with LBWD to discharge the wastewater into the LBWD pump station and force main system. The Board of Water Commissioner's of the City approved the form of this Agreement in November 2008. That agreement will be completed after OCSD and LBWD have an agreement for sewer service. Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 1 • The LBWD force main system discharges into the OCSD collection system near the Seal Beach Pump Station • OCSD Resolution 99-05 was passed by the Board of Directors on May 26, 1999. The intent of the Resolution was to provide guidance regarding areas not currently within the OCSD service boundary which may be served via OCSD facilities. The Resolution also outlines what conditions must be met to facilitate this service. The project site meets the requirements in Resolution 99-05 and all conditions of the resolution have been met. • The Agreement designates when and how fees will be paid to OCSD. The fees include Equivalent Annexation Fees, Capital Facilities Capacity Charges (CFCCs), and Annual Sewer Service Charges. LADWP will pay the equivalent annexation fees and CFCCs directly to OCSD. LBWD will pay OCSD the annual sewer service charges associated with LADWP and collect an equivalent amount from LADWP directly. The amount collected from LADWP will cover the OCSD cost to serve the facility. Therefore, OCSD will be revenue neutral per the agreement. PRIOR COMMITTEE/BOARD ACTIONS February 2009 — The Steering Committee provided direction on agreement preparation. The committee specifically directed staff to collect a reduced equivalent annexation fee based on acreage of the Haynes Plant that will be connected to OCSD sewer facilities. September 2004 — The Board approved an Out of Service Area Sewer Service and Connection Agreement for the Haynes Generating Station with the City of Long Beach and the City of Los Angeles Department of Water and Power, in a form approved by General Counsel. (Three-party agreement was not executed by City of Long Beach.) 1973 —Approved the Long Beach Island Village Sewer Service Agreement ADDITIONAL INFORMATION The area included in this Agreement is included within an area eligible for OCSD's regional sewer service via OCSD Resolution 99-05. OCSD Resolution 99-05 identifies four conditions that this development meets including: 1. Surface water from the territory would naturally drain into Orange County. 2. OCSD's 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 finalized and presented to the Board. A draft of the Agreement along with a copy of Resolution 99-05 has been sent to Vince Mastrosimone, Director of Public Works, for the City of Seal Beach. Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 2 3. A local government agency executes the Agreement providing for sewerage services and for payment of as established by the Board at the time of approval, or as amended from time-to-time, for said service. The LBWD has been designated as the local sewer agency. 4. The local land use, sewer, or water authority agrees to require connections to OCSD or other sewage treatment systems, and discourage on-site disposal systems. Per OCSD Ordinance 33, prior to providing service, property owners are currently required to pay an equivalent annexation fee of $4,235 per acre. Said fees are collected in lieu of property taxes not allocated to OCSD while the property was outside of OCSD prior to the mid-1980s, and in lieu of future property tax allocations through a Tax Exchange Agreement. Upon receiving direction from the Steering Committee, OCSD staff has arranged to collect equivalent annexation fees for the portion of the 122 acre site that will be connected to the sewer facilities. The equivalent annexation fee for 3.5 acres is equal to $14,823. Per OCSD Ordinance 36, the Capital Facility Capacity Charges are collected when properties are newly connected to OCSD sewer system. The revenues collected will be used for additional capacity in the collection, treatment, and disposal facilities; to repay principal and interest on debt instruments; or to repay construction loans. At the time this agreement was initiated, the fees for low demand use category were $225 per 1,000 square feet and $1 ,403 per 1,000 square feet, for average demand use category. The total CFCCs are equal to $45,000 The annual sewer service charges will be based on the total wastewater discharged to OCSD's system. LBWD will monitor the flow and send monthly reports to OCSD. At fiscal year end the flow will be totaled and multiplied by an operations and maintenance factor, which is based on the cost of collecting, treating, and disposing of one million gallons (mg) of wastewater. Based on draft 2008-09 fiscal year data and the estimated average daily flow rate of 10,000 gallons per day (gpd), the annual sewer service charge is approximately $5,800. This Agreement complies with authority levels of the OCSD's Delegation of Authority. Award Date: N/A Contract Amount: N/A Contingency: N/A JB:sa H:\dept\agenda\Board Agenda Reports\2009 Board Agenda Reports\0909\Item 15.LADWP Service Agmt.docx Form No.DW-102 Agenda Report—Board Revised: 12/06/06 Page 3 BOARD OF DIRECTORS Meeting Date To Bd. of Dir. 09/23/09 AGENDA REPORT Item Number Item Number 16 Orange County Sanitation District FROM: James D. Ruth, General Manager Originator: Lorenzo Tyner, Director of Finance and Administrative Services SUBJECT: ADOPTION OF WASTEWATER DISCHARGE REGULATIONS, ORDINANCE NO. OCSD-39 GENERAL MANAGER'S RECOMMENDATION Ordinance No. OCSD-39, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Wastewater Discharge Regulations, Revising Article 1, Section 104, and repealing Ordinance No. OCSD-37: a. Motion to read Ordinance No. OCSD-39 by title only and waive reading of said entire ordinance. b. Motion to adopt Ordinance No. OCSD-39, An Ordinance of the Board of Directors of Orange County Sanitation District Establishing Wastewater Discharge Regulations, Revising Article 1, Section 104, and repealing Ordinance No. OCSD-37 SUMMARY • The proposed revisions to the Wastewater Discharge Regulations are administrative in nature. The administrative update includes a modification of Section 104, Transfer of Permits which also includes a clarification of the definition of change in ownership. Specifically, 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. PRIOR COMMITTEE/BOARD ACTIONS Received and filed letter dated June 11, 2009 from Nossaman LLP on behalf of Jazz Semiconductor requesting transfer of Conexant Flow Baseline to Jazz Semiconductor at the regular Board meeting held on July 22, 2009. Adopted Ordinance No. OCSD-37, An Ordinance of the Board of Directors of Orange County Sanitation District adopting Wastewater Discharge Regulations and repealing Ordinance No. OCSD-31 at the regular Board meeting held on May 28, 2008 Page 1 ADDITIONAL INFORMATION OCSD's Source Control Division is responsible for administering and enforcing the District's Ordinance and National Pretreatment Program through an extensive permitting, monitoring and enforcement program to regulate the discharge into local sewers of pollutants from industrial facilities as well as commercial and residential communities. The National Pretreatment Program is derived from the federal Clean Water Act of 1972. The program was established to regulate the introduction of pollutants into the sewer system from industrial sources. Discharges targeted for regulation include those that will interfere with a treatment facility operation, that may pass through the treatment works and cause environmental harm, or that are otherwise incompatible with such works. The program is also intended to improve opportunities to reclaim municipal wastewater and biosolids. Recognizing the need to control the quality of wastewater discharges, the Board of Directors adopted the first Ordinance in February 1954, which was amended in February 1958, and again in April 1970. The 1970 amendments formally established the District's source control program for the purpose of issuing permits, setting discharge limits, and monitoring industrial discharges to the sewer system. In July 1976, the Ordinance was expanded to include numerical discharge limits for heavy metals. In July 1983, the Ordinance was again amended to include enforcement of EPA's newly promulgated categorical pretreatment regulations and to modify the District's local limits for cadmium, copper, and toxic organics at the levels currently enforced. In September 1989, the Ordinance was further amended to include revisions to the federal pretreatment standards and other provisions for implementation of a waste minimization program and escalated enforcement proceedings. In February 1992, the Ordinance was revised to incorporate new federal and state regulatory mandates for the administrative and civil penalties. In July 1998, the Ordinance was again amended to include the newly adopted policy pertaining to fees and charges for the use of the District's sewer system. Attachment 1. Ordinance No. OCSD-39 JDR:LT:ab Page 2 ORDINANCE NO. OCSD-39 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING WASTEWATER DISCHARGE REGULATIONS, REVISING ARTICLE 1, SECTION 104, AND REPEALING ORDINANCE NO. OCSD-37 The Board of Directors of the Orange County Sanitation District (OCSD) does hereby FIND: A. That a comprehensive 30-year Master Plan of Capital Facilities, entitled "Collection, Treatment and Disposal Facilities Master Plan — 1989", hereinafter referred to as the "Master Plan", which includes detailed financial and engineering reports, was prepared, approved, and adopted by the Boards of Directors of the Predecessor Districts in 1989, setting forth and identifying the required future development of OCSD Facilities, including the financial projections for providing sewer service to all properties within the individual service areas of each of the nine Predecessor Districts; and, B. That the financial and engineering reports of the Master Plan were made available to the public, both prior to and subsequent to the adoption of the Master Plan, and were subject to noticed public hearings, all in accordance with the provisions of the California Constitution and Government Code Section 66016, and other provisions of law; and, C. That the OCSD, in 1997, as part of its maintenance and updating of its Master Plan, undertook a comprehensive evaluation and study of its operational and financial needs for the next 20 years, including a detailed assessment of all types and categories of users; the demands on the system and capacity needs of the system to provide necessary service to the multiple categories of users; the total costs of the existing and future facilities in the system; and alternate methodologies for establishing fair and equitable charges to connect to and gain access to the system. These comprehensive planning, engineering, and financial studies led to the development of an updated Comprehensive Master Plan of Capital Facilities, which was approved and adopted by OCSD Resolution No. 99-21 of the Board of Directors on October 27, 1999; and, D. That in June 2002 the OCSD completed the Interim Strategic Plan Update (ISPU) which further updated these critical factors and developed revised cost estimates and user fee projections for upgrading the OCSD's level of treatment to secondary standards. On July 17, 2002, after reviewing: (1) the ISPU treatment alternatives, (2) ocean monitoring data, (3) public input, (4) regulatory issues, and (5) financial considerations, the Board of Directors made the decision to upgrade our treatment to meet secondary treatment standards; and, Page 1 of 80 E. That the OCSD is required by federal and state law, including the Clean Water Act (33 U.S.C. 1251, et seg.), the General Pretreatment Regulations (40 C.F.R. 403), and the Porter-Cologne Water Quality Control Act (Water Code Sections 13000 et seg.), to implement and enforce a program for the regulation of wastewater discharges to the OCSD's sewers; and, F. That the OCSD is required by federal, state and local law to meet applicable standards of treatment plant effluent quality; and, G. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act pursuant to the provisions of Public Resources Code Section 21080(b)(8) and California Code of Regulations Section 15273(a) and categorically exempt pursuant to California Code of Regulations Sections 15307 and 15308. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: Section I: Wastewater Discharge Regulations governing the use of OCSD sewerage facilities are hereby enacted to provide: ARTICLE 1 GENERAL PROVISIONS 101. PURPOSE AND POLICY This ordinance sets uniform requirements for Users of OCSD's facilities and enables OCSD to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 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 the OCSD. A. The purpose of this Ordinance is to provide for the maximum public benefit from the use of the OCSD facilities. This shall be accomplished by regulating sewer use and wastewater discharges, by providing equitable distribution of costs, in compliance with applicable Federal, State and local Regulations, and by supporting the proper disposal of Prescription Drugs as noted in the guidelines published by the Office of National Drug Control Policy. The revenues to be derived from the application of this Ordinance shall be used to defray all costs of providing sewerage service by the OCSD, including, but not limited to, administration, operation, monitoring, Page 2 of 80 maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves; B. This ordinance is meant to protect both OCSD personnel who may be affected by wastewater, sludge, and biosolids in the course of their employment and the general public; C. To comply with Federal, State, and local policies and to allow the OCSD to meet applicable standards of treatment plant effluent quality, biosolids quality, and air quality, provisions are made in this Ordinance for the regulation of wastewater discharges to the public sewer. This Ordinance establishes quantity and quality limits on all wastewater discharges which may adversely affect the OCSD's sewerage systems, processes, effluent quality, biosolids quality, air emission characteristics, or inhibit the OCSD's ability to beneficially reuse or dispose of its treated wastewater, biosolids or meet biosolids discharge criteria. It is the intent of these limits to improve the quality of wastewater being received for treatment and to encourage water conservation and waste minimization by all users connected to a public sewer. It is the OCSD's intent to limit future increases in the quantity (mass emission) of waste constituents being discharged. This Ordinance also provides for regulation of the degree of waste pretreatment required, the issuance of permits for wastewater discharge and connections and other miscellaneous permits, and establishes penalties for violation of the Ordinance. D. Since the OCSD is committed to a policy of wastewater reclamation and reuse in order to provide an alternate source of water supply, the implementation of programs for reclamation through secondary and tertiary wastewater treatment processes may necessitate more stringent quality requirements on wastewater discharges. In the event that more stringent quality requirements are necessary, the Ordinance will be amended to reflect those changes. E. Since the OCSD is committed to a policy for the beneficial use of biosolids, the implementation of programs to land-apply or provide for the marketing and distribution of biosolids may necessitate more stringent quality requirements on wastewater discharges. F. Since the OCSD is also committed to meet applicable air quality goals established by the South Coast Air Quality Management OCSD, more stringent quality requirements on wastewater discharges may be required to meet such goals. 102. DEFINITIONS Page 3 of 80 A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection of Environment; Chapter I, Environmental Protection Agency; Part 136, Test Procedures for the Analyses of Pollutants), or as specified. Other terms not herein defined are defined as being the same as set forth in the International Conference of Building Officials Uniform Building Code, Current Edition. 1. Best Management Practices (BMPs) shall mean schedules of activities, prohibitions of practices, maintenance procedures, operating procedures, practices to control spillage or leaks, treatment requirements, and other management practices to prevent or reduce pollution or to meet Article 2 standards. 2. Biochemical Oxygen Demand (BOD) shall mean a measurement of oxygen utilized by the decomposition of organic material, over a specified time period (usually 5 days) in a wastewater sample. It is used as a measurement of the readily decomposable organic content of wastewater. 3. Board shall mean the Board of Directors of the Orange County Sanitation District. 4. Bypass shall mean the intentional diversion of wastestreams from any portion of an industrial user's treatment facility. 5. Capital Facilities Connection Charge shall mean the payment of a fee, imposed by the governing Board of the OCSD, to pay for the future costs of constructing new sewerage collection, treatment, and disposal facilities; and as a contributive share of the cost of the existing facilities. This charge shall be paid by all property owners at the time they develop the property and connect directly or indirectly to the OCSD sewerage facilities as a new system user. This charge, whose rates areas set forth in a separate Ordinance, is expressly authorized by the provisions of California Health & Safety Code Sections 5471 and 5474. 6. Charge For Use shall mean the OCSD's sanitary sewer service Page 4 of 80 charge, a charge established and levied by the OCSD upon residential, commercial and industrial users of the OCSD's system, pursuant to Sections 302.6(F)2, or 303.6(F)2 of this Ordinance, in proportion to the use of the treatment works by their respective class, that provides for the recovery of the costs of operation and maintenance expenses, capital facilities rehabilitation or replacement, and adequate reserves for the sewage treatment works. The minimum charge for use is the Annual Sewer Service Fee Residential Users 7. Chemical Oxygen Demand (COD) shall mean a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in wastewater. 8. Class I User shall mean any user who discharges wastewater that: a) is subject to Federal Categorical Pretreatment Standards; or b) averages 25,000 gallons per day or more of regulated process wastewater; or c) is determined to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limit, or discharge requirement; or d) may cause, pass through or interference with the OCSD sewerage facilities 9. Class II User shall mean any industrial user whose charge for use is greater than special assessment "OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit. 10. Code of Federal Regulations (CFR) shall mean the codification of the general and permanent regulations published in the Federal Register by the executive departments and agencies of the Federal Government. 11. Compatible Pollutant shall mean a combination of biochemical oxygen demand, suspended solids, pH, fecal coliform bacteria, plus other pollutants that the OCSD's treatment facilities are designed to accept and/or remove. Compatible pollutants are non-compatible when discharged in quantities that have an adverse effect on the Page 5 of 80 OCSD's system or NPDES permit, or when discharged in qualities or quantities violating any Federal Categorical Pretreatment Standard, local limit, or other discharge requirement. 12. Composite Sample shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. 13. Connection Permit shall mean a permit issued by the OCSD, upon payment of a capital facilities connection charge, authorizing the permittee to connect directly to a OCSD sewerage facility or to a sewer which ultimately discharges into a OCSD sewerage facility. 14. Control Authority shall mean the Orange County Sanitation District. 15. Department Head shall mean that person duly designated by the General Manager to direct the Technical Services Department, including the Source Control Division and perform those delegated duties as specified in this Ordinance. 16. Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 17. District shall mean the Orange County Sanitation District. 18. Division Head shall mean that person duly designated by the General Manager to implement the OCSD's Source Control Program and perform the duties as specified in this Ordinance. 19. Domestic Septage shall mean the liquid and solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic wastewater. 20. Domestic Wastewater shall mean the liquid and solid 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. 21. 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 Page 6 of 80 commercial discharger. 22. Dry Weather Urban Runoff shall mean surface runoff flow that is generated from any drainage area within OCSD's service area during a period that does not fall within the definition of Wet Weather. It is surface runoff that contains pollutants that interfere with or prohibit the recreational use and enjoyment of public beaches or cause an environmental risk or health hazard. 23. Enforcement Compliance Schedule Agreement (ECSA)-shall mean a mutual agreement between the OCSD and permittee requiring implementation of necessary pretreatment practices and/or installation of equipment to ensure permit compliance. 24. Federal Categorical Pretreatment Standards shall mean any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. 25. Federal Regulations shall mean any applicable provision of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, Title 33, United States Code, Section 1251 and following, and any regulation promulgated by the United States Environmental Protection Agency under Title 40 CFR implementing that act. 26. Flow Monitoring Facilities shall mean equipment and structures provided at the user's expense to measure, totalize, and/or record, the incoming water to the facility or the wastewater discharged to the sewer. 27. General Manager shall mean the individual duly designated by the Board of Directors of the OCSD to administer this Ordinance (REFER TO SECTION 107). 28. Grab Sample shall mean a sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time. 29. Industrial User shall mean any user that discharges industrial wastewater. 30. Industrial Wastewater shall mean all liquid-carried wastes and Page 7 of 80 wastewater of the community, excluding domestic wastewater and domestic septage, and shall include all wastewater from any producing, manufacturing, processing, agricultural, or other operation. 31. Inspector shall mean a person authorized by the General Manager to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. 32. Interference shall mean any discharge which, alone or in conjunction with a discharge or discharges from other sources, either: a) inhibits or disrupts the OCSD, its treatment processes or operations, or its biosolids processes, use, or disposal; or b) is a cause of a violation of any requirement of the OCSD's NPDES permit or prevents lawful biosolids or treated effluent use or disposal. 33. LEL (Lower Explosive Limit) shall mean the minimum concentration of a combustible gas or vapor in air (usually expressed in percent by volume at sea level) which will ignite if an ignition source (sufficient ignition energy) is present. 34. Local Sewering Agency shall mean any public agency or private corporation responsible for the collection and disposal of wastewater to the OCSD's sewerage facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers. 35. Major Violation shall mean a discharge over the permitted discharge limit, as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by 20% or more, or b) a discharge exceeding a concentration limit by 20% or more, or c) a pH discharge less than 5.0. 36. Mass Emission Rate shall mean the weight of material discharged to the sewer system during a given time interval. Unless otherwise specified, the mass emission rate shall mean pounds per day of a Page 8 of 80 particular constituent or combination of constituents. 37. Maximum Allowable Discharge Limit shall mean the maximum quantity or concentration of a pollutant allowed to be discharged at any period of time. 38. May shall mean permissive or discretionary. 39. Medical Waste shall mean the discharge of isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. 40. Milligrams Per Liter (mg/L) shall mean a unit of the concentration of a constituent or compound that is found in water or wastewater. It is 1 milligram of the constituent or compound in 1 liter of water or wastewater. 41. Minor Violation shall mean a discharge over the permitted discharge limit as determined by the result of a composite sample analysis, as follows: a) a discharge exceeding a mass emission limit by less than 20%, or b) a discharge exceeding a concentration limit by less than 20%, or c) a pH discharge equal to or greater than 5.0, but less than 6.0, or d) a pH discharge greater than 12.0. 42. North American Industry Classification System (NAICS) shall mean an industry classification system that groups establishments into industries based on the activities in which they are primarily engaged. 43. National Pollutant Discharge Elimination System Permit (NPDES Permit) shall mean the permit issued to control the discharge to surface waters of the United States as detailed in Public Law 92-500, Section 402. 44. New Source shall mean those sources that are new as defined by 40 CFR 403.3(k) as revised. Page 9 of 80 45. Non-Compatible Pollutant shall mean any pollutant which is not a compatible pollutant as defined herein. 46. Normal Working Day shall mean the period of time during which production or operation is taking place or any period during which discharge to the sewer is occurring. 47. OCSD shall mean Orange County Sanitation District. 48. OCSD Sewerage Facility or System shall mean any property belonging to the OCSD used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or biosolids. 49. Ordinance shall mean that document entitled "Wastewater Discharge Regulations" containing OCSD requirements, conditions, and limits for connecting and discharging to the sewer system, as may be amended and modified. 50. 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. 51. Pass Through shall mean discharge through the OCSD's sewerage facilities to waters of the U.S. which, alone or in conjunction with discharges from other sources, is a cause of a violation of the OCSD's NPDES permit. 52. Permittee shall mean a person who has received a permit to discharge wastewater into the OCSD's sewerage facilities subject to the requirements and conditions established by the OCSD. 53. Person shall mean any individual, partnership, copartnership, company, firm, association, corporation or public agency, joint stock company, trust, estate, or any other legal entity; or their legal representatives, agents, assigns, including all Federal, State, and local governmental entities. 54. Pesticides shall mean those compounds classified as such under Federal or State law or regulations including, but not limited to DDT (dichlorodiphenyltrichloro-ethane, both isomers), DDE (dichlorodiphenyl-ethylene), DDD (dichlorodiphenyldichloroethane), Aldrin, Benzene Hexachloride (alpha [a], beta [R], and gamma Page 10 of 80 isomers), Chlordane, Endrin, Endrin aldehyde, 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), toxaphene, a-endosulfan, R-endosulfan, Endosulfan sulfate, Heptachlor, Heptachlor epoxide, Dieldrin, Demeton, Guthion, Malathion, Methoxychlor, Mirex, and Parathion. 55. Pollutant shall mean any constituent, compound, or characteristic of wastewaters on which a discharge limit may be imposed either by the OCSD or the regulatory bodies empowered to regulate the OCSD. 56. Polychlorinated Biphenyls (PCB) shall mean those compounds classified as such under Federal or State law including, but not limited to Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262. 57. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a level authorized by the OCSD prior to, or in lieu of, discharge of the wastewater into the OCSD's system. The reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means. 58. Pretreatment Facility shall mean any works or devices that the General Manager determines are appropriate to treat, restrict, or prevent the flow of industrial wastewater prior to discharge into a public sewer. 59. Priority Pollutants shall mean the most recently adopted list of toxic pollutants identified and listed by EPA as having the greatest environmental impact. They are classified as non-compatible pollutants and may require pretreatment prior to discharge in order to prevent: a) interference with the OCSD's operation; or b) biosolids contamination; or c) pass through into receiving waters or into the atmosphere. 60. Public Agency shall mean the State of California and any city, county, district, other local authority or public body of or within this State. 61. Public Sewer shall mean a sewer owned and operated by the Page 11 of 80 OCSD, a city or other local sewering agency which is tributary to the OCSD's sewerage facilities. 62. RCRA shall mean Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901, et seq.) and as amended. 63. Regulatory Agencies shall mean those agencies having jurisdiction over the operation of the OCSD including, but not limited to, the following: a) United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB). c) California Regional Water Quality Control Board, Santa Ana Region (RWQCB). d) South Coast Air Quality Management District (SCAQMD). e) California Environmental Protection Agency (Cal-EPA). 64. Regulatory Compliance Schedule Agreement (RCSA) shall mean an agreement between the OCSD and permittee requiring the permittee to implement pretreatment practices and/or install equipment to ensure compliance with future revised categorical pretreatment standards or revised discharge limits. 65. Sample Point shall mean a location accepted by the OCSD, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled. Page 12 of 80 66. Sampling Facilities shall mean structure(s) provided at the user's expense for the OCSD or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge. 67. Sanitary Waste shall mean domestic wastewater, human excrement and gray water (household showers, dishwashing operations, etc). 68. Septic Waste shall mean any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. 69. Service Area shall mean an area for which the OCSD has agreed to either provide sewer service, or wastewater treatment, or wastewater disposal 70. Sewage shall mean wastewater. 71. Sewerage Facilities or System shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater or sludge or biosolids. 72. Shall mean mandatory. 73. Significant Non-Compliance (SNC) shall mean the compliance status of an industrial user who is in violation of one or more of the criteria as described in 40 CFR 403. 74. Slug Load shall mean a discharge that exceeds the prohibitions stated in Section 201 and significantly exceeds the usual user flow or pollutant loading, either mass or concentration. 75. Sludge shall mean any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility. 76. 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 the OCSD. 77. Special Purpose Use shall mean any discharger who is granted a Special Purpose Discharge Permit by the OCSD to discharge unpolluted water, storm runoff, or groundwater to the OCSD's sewerage facilities. 78. Spent Solutions shall mean any concentrated industrial wastewater. Page 13 of 80 79. Spill Containment shall mean a protection system installed by the permittee to prohibit the discharge to the sewer of non-compatible pollutants. 80. Standard Methods shall mean procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and Water Pollution Control Federation. 81. Suspended Solids shall mean any insoluble material contained as a component of wastewater and capable of separation from the liquid portion of said waste by laboratory filtration as determined by the appropriate testing procedure and expressed in terms of milligrams per liter. 82. Tax Credit shall mean the Annual Regional Sewer Service Charge on the Secured Property tax bill. 83. Total Organic Carbon (TOC) shall mean the measure of total organic carbon in domestic or other wastewater as determined by the appropriate testing procedure. 84. Total Toxic Organics (TTO) shall mean the summation of all quantifiable values greater than 0.01 milligrams per liter for the organics regulated by the EPA or OCSD for a specific industrial category. 85. Unpolluted Water shall mean water to which no pollutant has been added either intentionally or accidentally. 86. User shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. User shall mean the same as Discharger or Industrial User. 87. Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 88. Waste Manifest shall mean that receipt which is retained by the generator of hazardous wastes as required by the State of California or the United States Government pursuant to RCRA, or the California Hazardous Materials Act, or that receipt which is Page 14 of 80 retained by the generator for recyclable wastes or liquid non-hazardous wastes as required by the OCSD. 89. Wastehauler shall mean any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for the purpose of discharging said waste into the OCSD's system. 90. Wastewater shall mean the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. 91. Wastewater Constituents and Characteristics shall mean the individual chemical, physical, bacteriological, and radiological parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater. 92. Wet Weather shall mean any period of time during which measurable rainfall occurs within of OCSD's service area. This period shall include the time following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's sewerage system. B. Words used in this Ordinance in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. 103. CONFIDENTIAL INFORMATION All user information and data on file with the OCSD shall be available to the public and governmental agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the OCSD that the release of such information would divulge information, processes or methods which would be detrimental to the user's competitive position. The demonstration of the need for confidentiality made by the permittee must meet the burden necessary for withholding such information from the general public under applicable State and Federal Law. Any such claim must be made at the Page 15 of 80 time of submittal of the information by marking the submittal "Confidential Business Information" on each page containing such information. Information which is demonstrated to be confidential shall not be transmitted to anyone other than a governmental agency without prior notification to the user. Wastewater constituents and characteristics and other effluent data, as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public. 104. TRANSFER OF PERMITS A. Permits issued under this Ordinance are for a specific user, for a specific operation at a specific location or for a specific wastehauler, and create no vested rights. 1. No permit may be transferred to allow a discharge to a public sewer from a point other than the location for which the permit was originally issued. 2. Except as expressly set forth herein, no permit for an existing facility may be transferred to a new owner and/or operator of that facility. B. When the permittee is a legal entity (such as a corporation, partnership, limited liability company, or other legal entity), the permittee is deemed to have undergone a change of ownership when any other legal entity or person acquires direct or indirect ownership or control of more than fifty percent (50%) of the total ownership interest in the permittee. C At least thirty (30) days prior to the sale or transfer of ownership of any business operating under a permit issued by the OCSD, the permittee shall notify the OCSD in writing of the proposed sale or transfer. The successor owner shall apply to the OCSD for a new permit at least fifteen (15) days prior to the sale or transfer of ownership in accordance with the provisions of this Ordinance. A successor owner shall not discharge any wastewater for which a permit is required by this Ordinance until a permit is issued by the OCSD to the successor owner. D. The written notification of intended transfer shall be in a form approved by the OCSD and shall include a written certification by the new owner and/or operator which: 1. States that the new owner or operator has no immediate intent to modify the facility's operations and/or processes; Page 16 of 80 2. Identifies the specific date on which the transfer is to occur; and 3. Acknowledges that the new owner or operator is fully responsible for complying with the terms and conditions of the existing permit and all provisions of this Ordinance. 105. EFFECT OF TRANSFER OF PERMITS Except as expressly set forth in Section 104.C, any permit which is transferred to a new owner and/or operator or to a new facility is void. 106. AUTHORITY The OCSD is regulated by several agencies of the United States Government and the State of California, pursuant to the provisions of Federal and State Law. Federal and State Laws grant to the OCSD the authority to regulate and/or prohibit, by the adoption of ordinances or resolutions, and by issuance of discharge permits, the discharge of any waste, directly or indirectly, to the OCSD's sewerage facilities. Said authority includes the right to establish limits, conditions, and prohibitions; to establish flow rates or prohibit flows discharged to the OCSD's sewerage facilities; to require the development of compliance schedules for the installation of equipment systems and materials by all users; and to take all actions necessary to enforce its authority, whether within or outside the OCSD's boundaries, including those users that are tributary to the OCSD or within areas for which the OCSD has contracted to provide sewerage services. The OCSD has the authority pursuant to California Health and Safety Codes 5471 and 5474 to prescribe, revise, and collect all fees and charges for services and facilities furnished by the OCSD either within or without its territorial limits. 107. DELEGATION OF AUTHORITY Whenever any power is granted to or a duty is imposed upon the General Manager, the power may be exercised or the duty may be performed by any person so authorized by the General Manager. 108. SIGNATORY REQUIREMENTS Reports and permit applications required by this Ordinance shall contain the following certification statement: "I have personally examined and am familiar with the information submitted in the attached document, and I hereby certify under penalty of perjury that this information was obtained in accordance with the Federal Pretreatment Requirements. Moreover, based upon my inquiry of those individuals Page 17 of 80 immediately responsible for obtaining the information reported herein, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties not limited to fines and imprisonment for submitting false information." The statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403 or as defined and designated by the OCSD. ARTICLE 2 GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR DISCHARGE 201. PROHIBITED DISCHARGES These prohibitions apply to all users of the OCSD facilities whether or not they are subject to Federal Categorical Pretreatment Standards or any other National, State, or local pretreatment standards or requirements. A. General Prohibitions. 1. No user shall introduce or cause to be introduced into the OCSD any pollutant, wastewater, or flow which causes pass through or interference or would cause the OCSD to violate any Federal, State, or local regulatory requirement. 2. No user shall increase the contribution of flow, pollutants, or change the nature of pollutants where such contribution or change does not meet applicable standards and requirements or where such contribution would cause the OCSD to violate any Federal, State, or local regulatory permit. 3. No person shall transport waste from one location or facility to another for the purpose of treating or discharging it directly or indirectly to the OCSD sewerage system without written permission from the OCSD. 4. No person shall deliver by vehicular transport, rail car, or dedicated pipeline, directly or indirectly to the OCSD sewerage facilities, wastewater which contains any substance that is defined as a hazardous waste by the Regulatory Agencies. B. Specific Prohibitions. No user shall introduce or cause to be introduced into the sewerage facilities, pollutants, substances, or wastewater which: 1. Creates a fire or explosive hazard in the sewerage facilities including, but not limited to, wastestreams with a closed-cup Page 18 of 80 flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21; or produces a gaseous mixture that is 10% or greater of the lower explosive limit (LEL). 2. Causes obstruction to the flow in the sewer system resulting in interference or damage to the sewerage facilities. 3. Produces noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, is sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair. 4. Results in toxic gases, vapors, or fumes within the sewerage facilities in a quantity that may cause acute worker health and safety problems. 5. Contains any radioactive wastes or isotopes except in compliance with applicable regulations from other governmental agencies empowered to regulate the use of radioactive materials. 6. Causes, alone or in conjunction with other sources, the OCSD's treatment plant effluent to fail a toxicity test. 7. Caused the OCSD's effluent or any other product of the treatment process, residues, biosolids, or scums, to be unsuitable for reclamation, reuse or disposal. 8. Causes discoloration or any other condition which affects the quality of the OCSD's influent or effluent in such a manner that inhibits the OCSD's ability to meet receiving water quality, biosolids quality, or air quality requirements established by Regulatory Agencies. 9. Creates excessive foaming in the sewerage facilities. 10. Violates any applicable Federal Categorical Pretreatment Standard, statute, regulation, or ordinance of any public agency or Regulatory Agency having jurisdiction over the operation of or discharge of wastewater through the sewerage facilities. 11. Has a temperature higher than 140 degrees Fahrenheit, (60 degrees Centigrade), or which causes the temperature at the treatment plant to exceed 104 degrees Fahrenheit (40 degrees Centigrade). 12. Has a pH less than 6.0 or greater than 12.0. Page 19 of 80 13. Has a maximum Biochemical Oxygen Demand (BOD) greater than 15,000 pounds per day. 14. Is in excess of the permitted mass emission rates established in accordance with: Section 212, or the concentration limits set forth in Table I, or the discharge permit. 15. Contains material which will readily settle or cause an obstruction to flow in the sewer resulting in interference, such as, but not limited to, sand, mud, glass, metal filings, diatomaceous earth, cat litter, asphalt, wood, bones, hair, and fleshings. 202. PROHIBITION ON DILUTION No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's permit or to establish an artificially high flow rate for permit mass emission rates. 203. PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER A. No person shall discharge groundwater, surface runoff, or subsurface drainage directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 304 or 305, et seq., the 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 Permit or a Special Purpose Discharge Permit from the OCSD. Page 20 of 80 C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 204. PROHIBITION ON UNPOLLUTED WATER A. No person shall discharge unpolluted water such as single pass cooling water directly or indirectly to the OCSD's sewerage facilities except as provided herein. Pursuant to Section 305, et seq., the OCSD may approve the discharge of such water only when no alternate method of disposal or reuse is reasonably available or to mitigate an environmental risk or health hazard. B. The discharge of such waters shall require a Special Purpose Discharge Permit from the OCSD. C. If a permit is granted for the discharge of such water into a public sewer, the user shall pay the applicable charges established herein and shall meet such other conditions as required by the OCSD. 205. RESERVED 206. PROHIBITION ON THE USE OF GRINDERS A. Waste from industrial or commercial grinders shall not be discharged into a public sewer, except wastes generated in packing or preparing food or food products. Such grinders must shred the waste to a degree that all particles will be carried freely under normal flow conditions prevailing in the public sewer. B. Waste from Food Service Establishments operating a grinder is prohibited and shall not be discharged into a public sewer unless written authorization from the OCSD General Manager or his designee is obtained. 207. PROHIBITION ON POINT OF DISCHARGE No person, except local sewering agencies involved in maintenance functions of sanitary sewer facilities, shall discharge any wastewater directly into a manhole or other opening in a sewer other than through an approved building sewer, unless approved by the OCSD upon written application by the user and payment of the applicable fees and charges established herein. Page 21 of 80 208. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES-TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION A. No Wastehauler shall discharge to the OCSD sewerage system, domestic septage or other approved waste or wastewater from a vacuum pumping truck or other liquid waste transport vehicle, without first obtaining both a valid Orange County Health Care Agency Permit and a OCSD Wastehauler Permit as required by Section 306. Such wastewaters shall be discharged only at locations designated by the OCSD, and at such times as established by the OCSD. The OCSD may collect samples of each hauled load to ensure compliance with applicable standards. B. No Wastehauler shall discharge domestic septage or other approved waste or wastewater constituents in excess of Limits in Table I. C. The discharge of industrial wastewater by any Wastehauler is prohibited unless written permission of the General Manager has been obtained, the proper permits have been obtained, and the waste meets Federal and State limits applicable to the user from which the waste was obtained; or Maximum Local Discharge Limits as specified in Table I, whichever are more stringent. The discharge of hauled industrial wastewater is subject to all other requirements of this ordinance. D. No Wastehauler shall discharge wastewater to sewers that are tributary to the OCSD's sewerage facilities that are from a source that is not within the OCSD's service area unless prior authorization is granted by the General Manager or his designee. E. No Wastehauler shall discharge directly or indirectly to the sewerage facilities any material defined as hazardous waste by RCRA or 40 CFR 261. F. Wastehaulers shall provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the industrial waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. G. Discharge at the OCSD disposal station shall be through an appropriate hose and connection to the discharge port. Discharging waste directly to the surface area of the disposal station is prohibited. H. Wastehauler hoses must be connected to the disposal station discharge port when being cleaned. I. Transferring loads between trucks or from portable toilets to trucks on Page 22 of 80 OCSD property is prohibited unless permission from OCSD is obtained. 209. RESERVED 210. PROHIBITION ON MEDICAL WASTE A. No person shall discharge solid wastes from hospitals, clinics, offices of medical doctors, convalescent homes, medical laboratories or other medical facilities to the sewerage system including, but not limited to, hypodermic needles, syringes, instruments, utensils or other paper and plastic items of a disposable nature except where prior written approval for such discharges is given by the General Manager. B. The OCSD shall have the authority to require that any discharge of an infectious waste to the sewer be rendered non-infectious prior to discharge if the infectious waste is deemed to pose a threat to the public health and safety, or will result in any violation of applicable waste discharge requirements. 211. PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited by this Ordinance, or any permit issued under this Ordinance must be disposed of in a legal manner at a legally acceptable point of disposal as defined by the OCSD or appropriate Regulatory Agency. All waste manifests shall be retained for a minimum of three years, and made available to the OCSD upon request. 212. MASS EMISSION RATE DETERMINATION A. Mass emission rates for non-compatible or compatible pollutants that are present or anticipated in the user's wastewater discharge may be set for each user and made an applicable part of each user's permit. These rates shall be based on Table I, Local Discharge Limits, or Federal Categorical Pretreatment Standards, and the user's average daily wastewater discharge for the past three years, the most recent representative data, or other data acceptable to the General Manager or his designee. B. To verify the user's operating data, the OCSD may require a user to submit an inventory of all wastewater streams and/or records indicating production rates. Page 23 of 80 C. The OCSD may revise limits or mass emission rates previously established in the discharger's permit at any time, based on: current or anticipated operating data of the discharger or the OCSD; the OCSD's ability to meet NPDES limits; or changes in the requirements of Regulatory Agencies. D. The excess use of water to establish an artificially high flow rate for mass emission rate determination is prohibited. TABLE I ORANGE COUNTY SANITATION DISTRICT MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS(a) CONSTITUENT MILLIGRAMS/LITER Arsenic 2.0 Cadmium 1.0 Chromium (Total) 2.0 Copper 3.0 Lead 2.0 Mercury 0.03 Nickel 10.0 Silver 5.0 Zinc 10.0 Cyanide(Total) 5.0 Cyanide(Amenable) 1.0 Polychlorinated Biphenyls 0.01 Pesticides 0.01 Total Toxic Organics 0.58 Sulfide(Total) 5.0 Sulfide(Dissolved) 0.5 Oil and grease of mineral or petroleum origin 100.0 BOD 15,000 Ibs/day MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE CONSTITUENT MILLIGRAMS/LITER Cadmium 1.0 Chromium 2.0 Copper 25.0 Lead 10.0 Nickel 10.0 Zinc 50.0 (a): Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits. Page 24 of 80 ARTICLE 3 DISCHARGE PERMITS, CHARGES, AND FEES 301. INTRODUCTION A. To provide the maximum public benefit from the use of OCSD sewerage facilities, written authorization to use said facilities is required. This written authorization shall be in the form of a discharge permit. No vested right shall be given by issuance of permits provided for in this Ordinance. The OCSD reserves the right to establish, by Ordinance or in Wastewater Discharge Permits, more stringent standards or requirements on discharges to the OCSD sewerage facilities if deemed by the General Manager appropriate to comply with the objectives presented in the Introduction and Summary of this Ordinance and the prohibitions and limitations in Article 2. B. The discharge permit shall be in one of five forms and is dependent upon the type of discharger, volume, and characteristics of discharge. The five discharge permits are: 1. Class I Wastewater Discharge Permit. 2. Class II Wastewater Discharge Permit. 3. Dry Weather Urban Runoff Discharge Permit. 4. Special Purpose Discharge Permit. 5. Wastehauler Discharge Permit. 302. CLASS I WASTEWATER DISCHARGE PERMITS A. No user requiring a Class I permit shall discharge wastewater without obtaining a Class I Wastewater Discharge Permit. B. Class I Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class I users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 302.1 and paying the applicable fees pursuant to Section 302.3. For purposes of this Ordinance, a Class I Page 25 of 80 user is any user: 1. Subject to Federal Categorical Pretreatment Standards; or 2. Discharging wastewater which averages 25,000 gallons per day or more of regulated process water; or 3. Discharging wastewater determined by the OCSD to have a reasonable potential for adversely affecting the OCSD's operation or for violating any pretreatment standard, local limits, or discharge requirement; or 4. Discharging wastewater which may cause, as determined by the General Manager, pass through or interference with the OCSD system. 302.1 Class I Wastewater Discharge Permit Application A. Any person required to obtain a Class I Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s), NAICS number(s), description of the manufacturing process or service activity. 2. (Whichever is applicable) name, address of any and all principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the OCSD, including, but not limited to, those mentioned in Section 212, Mass Emission Rate Determination, and Table I, Local Discharge Limits, of this Ordinance. These constituents and Page 26 of 80 characteristics shall be determined by a laboratory selected by the discharger and acceptable to the OCSD. 8. Time and duration of discharge. 9. Number of employees per shift and hours of work per employee per day for each shift. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment equipment, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit information related to the applicant's business operations, processes, and potential discharge as may be requested by the OCSD to properly evaluate the permit application. D. After evaluation of the data, the OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD's sewerage facilities. E. The permit application may be denied if the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. F. The permit application may be denied if the applicant has in the past demonstrated an inability to keep current with OCSD invoices for items Page 27 of 80 such as Permit Fees, Non-Compliance Fees, Civil Penalties, Administrative Civil Penalties, Charges for Use, and Supplemental Capital Facilities Capacity Charges. 302.2 Class I Permit Conditions, and Limits A. A Class I permit shall contain all of the following conditions or limits: 1. Mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the OCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the user's on-site sampling point. 4. Requirements for submission of self-monitoring reports, technical reports, production data, discharge reports, compliance with Pretreatment Standards, BMP-based Categorical Pretreatment Standards and/or local limits, and/or waste manifests. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as specified by OCSD. 6. Requirements to submit copies of tax and water bills. B. A Class I permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring facilities, and sampling facilities. 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Requirements to self-monitor. Page 28 of 80 4. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 5. Other terms and conditions which may be appropriate to ensure compliance with this Ordinance or determined by the General Manager or his designee to be appropriate to protect the sewerage system. 302.3 Class I Permit Fee A. The Class I permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of permit must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 302.4 Class I Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. New source indirect dischargers shall be required to install and start up any necessary pollution control equipment before beginning discharge, and comply with applicable Federal Categorical Pretreatment Standards not to exceed thirty (30) days after the commencement of discharge. Page 29 of 80 C. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. D. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 302.5 Class I Permit Duration and Renewal Class I permits shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 302.6 Class I Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in OCSD facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class I Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the unit charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the OCSD. A credit will be allowed for any regional sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. Page 30 of 80 C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the regional sanitary sewer service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for the OCSD administrative costs when regional sanitary sewer service charge data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD's Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when the OCSD obtains water use data. The OCSD's Board of Directors shall adopt the amount of the fee. E. The charge for use shall be computed by the following formula: Charge for Use = VoV + BoB + SoS - Tax Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Vo,Bo,So = Unit Charge rates established and adopted by Ordinance of the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below: F. The Unit Charge rates in the charge-for-use formula shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This Charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable Page 31 of 80 requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement Service component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among wastewater charge parameters of flow, biochemical oxygen demand, and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand, and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The Unit Charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for 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 the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. Page 32 of 80 The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects normal employment fluctuations. 303. CLASS II WASTEWATER DISCHARGE PERMITS A. No user requiring a Class II permit shall discharge wastewater without obtaining a Wastewater Discharge Permit. B. Class II Wastewater Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Class II users proposing to discharge directly or indirectly into the OCSD sewerage facilities shall obtain a Wastewater discharge Permit by filing an application pursuant to Section 303.1 and paying the applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a Class II user is any user: 1. Whose charge for use is greater than the special assessment "OCSD Sewer User Fee" included on the County of Orange secured property tax bill exclusive of debt service, that discharges wastes other than sanitary, and that is not otherwise required to obtain a Class I permit, and 2. Discharging waste other than sanitary; and 3. Not otherwise required to obtain a Class I permit. 303.1 Class II Wastewater Discharge Permit Application A. Any person required to obtain a Class II Wastewater Discharge Permit shall complete and file with the OCSD, prior to commencing discharge, an application on the form prescribed by the OCSD. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, assessor's parcel number(s) and NAICS number(s); description of the manufacturing process or service activity. Page 33 of 80 2. (Whichever is applicable) Name, address of any and II principals/owners/major shareholders of company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. 3. Volume of wastewater to be discharged. 4. Name of individual who can be served with notices other than officers of corporation. 5. Name and address of property owner, landlord and/or manager of the property. 6. Water supplier and water account numbers. 7. Wastewater constituents and characteristics as required by the OCSD, including, but not limited to, those mentioned in Section 212, Mass Emission Rate Determination, and Table I, Local Discharge Limits of this Ordinance. These constituents and characteristics shall be determined by a laboratory selected by the discharger and acceptable to the OCSD. 8. Time and duration of discharge. 9. Number of employees and average hours of work per employee per day. 10. Waste minimization, best management practices, and water conservation practices. 11. Production records, if applicable. 12. Waste manifests, if applicable. 13. Landscaped area in square feet, if applicable. 14. Tons of cooling tower capacity, if applicable. 15. EPA Hazardous Waste Generator Number, if applicable. 16. Any other information as specified. Page 34 of 80 B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, pretreatment systems, and appurtenances by size, location, and elevation for evaluation. C. Applicants may also be required to submit other information related to the applicant's business operations, processes, and potential discharge as may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the OCSD may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD system. E. The permit application may be denied if the applicant fails to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicant's plans to ensure that the discharge limits will be met or if the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 303.2 Class II Permit Conditions and Limits A. A Class II permit shall contain all of the following conditions or limits: 1. Applicable mass emission rates and concentration limits regulating non-compatible pollutants. 2. Requirements to notify the OCSD in writing prior to modification to processes or operations through which industrial wastewater may be produced. 3. Location of the user's on-site sample point. 4. Requirements for submission of technical reports, production data, discharge reports, and/or waste manifests. 5. Requirements to submit copies of tax and water bills. B. A Class II permit may contain any of the following conditions or limits: 1. Requirements for the user to construct and maintain, at his own expense, appropriate pretreatment equipment, pH control, flow monitoring and/or sampling facilities. Page 35 of 80 2. Limits on rate and time of discharge or requirements for flow regulation and equalization. 3. Assumed values for BOD and suspended solids characteristics that typify the discharger's effluent for determination of the charge for use. 4. Requirements to self-monitor. 5. Requirements for maintaining, for a minimum of three years, plant records relating to wastewater discharge, and waste manifests as 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 the OCSD's system. 303.3 Class II Permit Fee A. The Class II permit fee shall be in an amount adopted by Ordinance of the Board of Directors. The permit fee shall be payable at the time a permit application is submitted for the issuance of a new permit or a renewed permit. Payment of the permit fee must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Permittee shall also pay any delinquent invoices in full prior to permit renewal. B. Any permit issued for a location wherein the Permittee is not the property owner may be conditioned upon depositing financial security to guarantee payment of all annual fees and charges to be incurred, in accordance with the provisions of Section 621.(E) of this Ordinance. 303.4 Class II Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the General Manager during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or Page 36 of 80 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limitations, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 303.5 Class II Permit Duration and Renewal Class II permits shall normally be issued for a period not to exceed three (3) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. 303.6 Class II Permit Charge for Use A. The purpose of a charge for use is to ensure that each recipient of sewerage service from the OCSD pays its reasonably proportionate share of all the costs of providing that sewerage service. Charges for use to recover the cost of conveying, treating, and disposing of sewage in OCSD sewerage facilities are exclusive of any fees levied by local sewering agencies. The charge for use shall be based on the total maintenance, operation, capital expenditures, and reserve requirements for providing wastewater collection, treatment, and disposal. B. A discharger who is issued a Class II Wastewater Discharge Permit under the provisions of this Ordinance shall pay a charge for use in accordance with the formula contained herein and the Unit Charge rates adopted annually by Ordinance of the Board of Directors. These fees shall be invoiced on a quarterly basis. The quarterly invoice shall be based upon an estimate of the annual use as determined by the OCSD. Annually, the OCSD shall compute the charge for use based upon actual use for the preceding 12-month period on an annual reconciliation statement. The charge for use is payable within forty-five (45) days of invoicing by the OCSD. A credit will be allowed for any regional sanitary sewer service charge adopted by the Board of Directors by separate Ordinance and levied against the permitted property. C. Current property tax bills shall be supplied by the permittee to the OCSD by May 31 of each year for use in determining the regional sanitary sewer Page 37 of 80 service credit. If the tax bills are not supplied, the OCSD will endeavor to obtain the data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when sanitary sewer service charge data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. D. In order for the OCSD to determine actual annual water use, the user shall provide to the OCSD copies of its water bills. If these water bill copies are not received by July 31 of each year for the 12-month period ended closest to June 30, the OCSD will endeavor to obtain the water use data. Data obtained by the OCSD will be considered correct and will not be adjusted before the next annual reconciliation statement. There shall be a fee levied for OCSD administrative costs when water use data is obtained by the OCSD. The amount of the fee shall be adopted by the OCSD Board of Directors. E. The charge for use shall be computed by the following formula: Charge for Use = VoV + BoB + SoS - Tax Credit Where V = total annual volume of flow, in millions of gallons B = total annual discharge of biochemical oxygen demand, in thousands of pounds S = total annual discharge of suspended solids, in thousands of pounds Vo,Bo,So = Unit Charge rates adopted annually by Ordinance of the OCSD's Board of Directors, based upon the funding requirements of providing sewerage service, in dollars per unit as described in Paragraph F below. F. The unit charge rates in the charge for use formula shall be established annually and shall be determined by the following method: 1. An Operations and Maintenance component of the Unit Charge for the total annual operation and maintenance funding requirements of the sewerage system shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination as to the costs associated with each parameter and pursuant to applicable Page 38 of 80 requirements of State and Federal Regulatory Agencies. The operation and maintenance costs as distributed to flow, biochemical oxygen demand and suspended solids shall be divided by the projected annual total flow volume and weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 2. A Capital Facilities Replacement component of the Unit Charge for capital replacement and capital improvement shall be levied at a rate to be determined from time to time by the Board of Directors. This charge shall be allocated among the three wastewater charge parameters of flow, biochemical oxygen demand and suspended solids in accordance with the General Manager's determination of which portion of the charge predominantly relates to each parameter. The capital facilities charge distributed to biochemical oxygen demand and suspended solids shall be divided by the projected annual weights of biochemical oxygen demand and suspended solids to be treated by the sewerage system in the budgeted year. 3. The unit charge rates for each respective wastewater component in (1) and (2) above shall be summed. The Unit Charge rates so determined will be expressed in dollars per million gallons for 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 other parameter of measure. This relationship shall be used by the OCSD in determining the charge for use. When wastewater from sanitary facilities is discharged separately from the other wastewater of a discharger, the charge for use for discharging the sanitary wastewater may be determined by using the following: 1. 25 gallons per employee per eight-hour working day. 2. BOD and suspended solids to be calculated at domestic wastewater strength per employee per year. The number of employees will be considered as the average number of people employed full-time on a daily basis. This may be determined by averaging the number of people employed at the beginning and end of each quarter, or other period that reflects Page 39 of 80 normal employment fluctuations. 304. DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS A. No user shall discharge urban runoff directly to OCSD's sewerage system without obtaining a Dry Weather Urban Discharge Permit. B. OCSD shall determine whether the dry weather urban runoff proposed to be discharged into OCSD's sewerage system may cause a potential environmental risk and/or health hazard that cannot be economically or practically control by alternative disposal methods. C. Dry Weather Urban Runoff Permits shall be subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by OCSD. D. All users required to obtain a Dry Weather Urban Runoff Permit proposing to discharge directly or indirectly into OCSD's sewerage facilities shall file an application pursuant to Section 304.1 and pay the applicable fees pursuant to Sections 304.3 and 304.6. Dry Weather Urban Runoff Discharge Permit Application A. An applicant shall contact OCSD prior to any construction of facilities and discharge of dry weather urban runoff into the sewerage system to determine if the discharge of dry weather urban runoff to the OCSD sewerage facilities is feasible. B. Applicants shall complete and file with OCSD, prior to commencing discharge, an application in the form prescribed by OCSD. This application shall be accompanied by applicable fees, design plans, a detailed analysis of other disposal alternatives, or other data as needed by OCSD for review. The applicant shall provide justification that disposal alternatives for the dry weather urban runoff are not economically or practically feasible in lieu of sewer discharge. C. In addition to the discharge permit, OCSD may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized. D. Applicants shall provide adequate pretreatment and/or best management practices included within the applicants' plans to ensure that the applicable discharge limits shall be met. Dry Weather Urban Runoff Discharge Permit Condition and Limits Page 40 of 80 The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the following conditions or limits: A. Mass emission rates and concentration limits regulating non-compatible pollutants. B. Requirements for the user to construct and maintain, at the user's expense, appropriate pretreatment equipment, flow monitoring facilities, and devices to prevent storm water discharge into OCSD's sewerage system during a wet weather event (rain event). C. Requirements for the user to provide OCSD with its operations and maintenance plan, best management practices, and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff pollutants. D. Limits on rate and time of discharge or requirements for flow regulation and equalization prior to discharge to the sewerage system. E. Requirements to self-monitor the discharge to the sewerage system. F. The General Manager, or his designees, may impose additional requirements as may be appropriate to reduce the burden on OCSD's collection, treatment, and disposal facilities. G. Prohibitions on the discharge, which may cause OCSD's effluent, biosolids, or any other product of its treatment process, to be unsuitable for reclamation, reuse, or disposal. Dry Weather Urban Runoff Discharge Permit Fee A. The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an amount established in the applicable Ordinance or Resolution adopted by OCSD's Board of Directors. Payment of permit fees must be received by OCSD prior to issuance of either a new permit or a renewed permit. Each permittee shall also pay delinquent invoices in full prior to permit renewal. Dry Weather Urban Runoff 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; Page 41 of 80 2. OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies, which affect OCSD; or 4. A determination by the General Manager or his designee that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested changes and the reasons for the change. OCSD shall review the request, make a determination on the request, and respond accordingly. C. A permittee shall be informed of any changes in the permit at least forty- five (45) days prior to the effective date change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Dry Weather Urban Runoff Discharge Permit Duration and Renewal Dry Weather Urban Runoff Permit shall normally be issued for a period not to exceed two (2) years. At least 45 days prior to the expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Article 3. Dry Weather Urban Runoff Discharge Permit Charge for Use A discharger who is issued a Dry Weather Urban Runoff Permit under the provision of this Ordinance shall pay a charge for use in accordance with rates established by Ordinance or Resolution adopted by OCSD's Board of Directors. Page 42 of 80 305. SPECIAL PURPOSE DISCHARGE PERMITS A. No user requiring a Special Purpose Discharge Permit shall discharge wastewater without obtaining a Special Purpose Discharge Permit. B. Special Purpose Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastewater Discharge Permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. C. All Special Purpose Discharge Permit users proposing to discharge directly or indirectly into the OCSD's sewerage facilities shall obtain a Wastewater Discharge Permit by filing an application pursuant to Section 305.1 and paying the applicable fees pursuant to Sections 305.3 and 305.6. This discharge permit may be granted when no alternative method of disposal is reasonably available, or to mitigate an environmental risk or health hazard. 305.1 Special Purpose Discharge Permit Application A. Applicants seeking a special purpose wastewater permit shall complete and file with the OCSD, prior to commencing discharge, an application in the form prescribed by the OCSD. This application shall be accompanied by the applicable fees, plumbing plans, a detailed analysis of the alternatives for water disposal, or other data as needed by the OCSD for review. B. The permit application may be denied when the applicant has failed to establish to the OCSD's satisfaction that adequate pretreatment equipment is included within the applicants' plans to ensure that the discharge limits will be met or that the applicant has, in the past, demonstrated an inability to comply with applicable discharge limits. 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 212, Mass Emission Rate Determination; and Table I, Local Discharge Limits. B. Monitoring requirements for the discharge shall be for those non-compatible pollutants known to exist in the discharge. At least one set of baseline analysis prior to or upon sewer discharge may be required for all constituents contained in the most current Environmental Protection Agency (EPA) "Priority Pollutant" list, excluding asbestos. Page 43 of 80 C. The OCSD may specify and make part of each Special Purpose Discharge Permit specific pretreatment requirements or other terms and conditions determined by the General Manager to be appropriate to protect the OCSD's Sewerage Facility, the Local Sewering Agency, to comply with Regulatory Agencies' requirements, to ensure compliance with this Ordinance, and to assess a charge for use. 305.3 Special Purpose Discharge Permit Fee The special purpose discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Board of Directors. Payment of permit fees must be received by the OCSD prior to issuance of either a new permit or a renewed permit. Each permittee shall also pay delinquent invoices in full prior to permit renewal. 305.4 Special Purpose Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. A permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. A permittee shall be informed of any changes in the permit at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Page 44 of 80 305.5 Special Purpose Discharge Permit Duration and Renewal Special purpose discharge permits shall normally be issued for a period not to exceed three (3) years, but may be renewed as determined by the General Manager. Users seeking permit renewal shall comply with all provisions of this Article 3. 305.6 Special Purpose Discharge Permit Charge for Use The General Manager shall establish a charge for use to cover all costs of the OCSD for providing sewerage service and monitoring. A deposit determined by the General Manager to be sufficient to pay the estimated charges for use shall accompany the Special Purpose Discharge Permit application, and said deposit shall be applied to the charges for use. 306. WASTEHAULER DISCHARGE PERMIT A. Wastehauler Discharge Permits shall be expressly subject to all provisions of this Ordinance and all other regulations, charges for use, and fees established by the OCSD. The conditions of Wastehauler discharge permits shall be enforced by the OCSD in accordance with this Ordinance and applicable State and Federal Regulations. B. A Wastehauler proposing to discharge waste into the OCSD disposal station shall obtain both a valid Orange County Health Department Permit (where applicable), and a OCSD Wastehauler Permit. 306.1 Wastehauler Discharge Permit Application A. No Wastehauler shall discharge wastewater without a Wastehauler Discharge Permit. B. Any person required to obtain a Wastehauler Discharge Permit shall complete and file with the OCSD prior to commencing discharge, an application in a form prescribed by the OCSD. This application shall be accompanied by the applicable fees. The applicant shall submit, in units and terms appropriate for evaluation, the following information: 1. Name, address, telephone number, and description of the industries, or clients using the applicant's services. 2. (Whichever is applicable) Name, address of any and all principals/owners/major shareholders of the company; Articles of Incorporation; most recent Report of the Secretary of State; Business License. Page 45 of 80 3. Name and address of leaseholder of the vehicle or trailer, if applicable. 4. Number of trucks and trailers and the license numbers and tank hauling capacity of each. 5. A copy of the applicant's Orange County Health Department Permit, where applicable. C. Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application. D. After evaluation of the data furnished, the OCSD may issue a Wastehauler discharge permit, subject to terms and conditions set forth in this Ordinance and as otherwise determined by the General Manager to be appropriate to protect the OCSD's system. 306.2 Wastehauler Discharge Permit Conditions and Limits The issuance of a Wastehauler permit may contain any of the following conditions or limits: A. Limits on discharge of heavy metals and other priority pollutants. B. Requirements for maintaining and submitting waste hauling records and waste manifests. C. Additional requirements as otherwise determined to be appropriate by the General Manager to protect the OCSD's system or as specified by other Regulatory Agencies. D. Other terms and conditions which may be applicable to ensure compliance with this Ordinance. 306.3 Wastehauler Discharge Permit Fee The Wastehauler discharge permit fee shall be paid by the applicant in an amount adopted by Ordinance of the Boards of Directors. Payment of permit fees must be received by the OCSD prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. Page 46 of 80 306.4 Wastehauler Identification Decal and Access Card Transfer A. The identification decal is non-transferable. B. If a gate access card is issued, it shall be issued to a specific permitted vehicle and is non-transferable unless previously authorized in writing by the OCSD. 306.5 Wastehauler Discharge Permit Modification of Terms and Conditions A. The terms and conditions of an issued permit may be subject to modification and change in the sole determination by the OCSD during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The OCSD's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the OCSD; or 4. A determination by the General Manager that such modification is appropriate to further the objectives of this Ordinance. B. Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The OCSD shall review the request, make a determination on the request, and respond in writing. C. Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. 306.6 Wastehauler Discharge Permit Duration and Renewal Wastehauler discharge permits shall be issued for a period not to exceed one (1) year. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of Article 3. 306.7 Wastehauler Discharge Permit Charge for Use A charge for use to cover all costs of the OCSD for providing the disposal station service and monitoring shall be established by Ordinance of the Board of Directors. Page 47 of 80 307. RESERVED 308. RESERVED 309. RESERVED 310. OUT OF DISTRICT PERMITS/DISCHARGERS A. Industrial Wastewater Discharge Permits for dischargers located outside the OCSD's boundaries but within the OCSD service area and tributary to the OCSD's sewerage facilities, may be issued by a local sewering agency after approval by the OCSD. The OCSD shall have the right of inspection and sampling of the user's discharge to determine compliance with industrial waste discharge regulations. Such inspection and sampling will be performed under a coordinated plan developed with the local agency. The more stringent of the industrial waste discharge regulations and effluent limits of the OCSD and the local agency shall apply to the discharger. B. Pursuant to Article 6 herein, the OCSD shall have the right to enforce the Federal Pretreatment Regulations, the provisions of this Ordinance, and permit conditions and limits applicable to any person located outside of the OCSD's service area, but whose discharge is tributary to the OCSD's sewerage facilities. C. The fees for use shall be determined by the OCSD and set forth in a use agreement with the local sewering agency. ARTICLE 4 FACILITIES REQUIREMENTS 401. DRAWING SUBMITTAL REQUIREMENTS Upon request by the OCSD: A. Applicants or users may be required to submit three copies of detailed facility plans. The submittal shall be in a form and content acceptable to the OCSD for review of existing or proposed pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or procedures in the future, as necessary to produce a discharge acceptable to OCSD, and to meet the requirements of this Ordinance or any requirements of other Regulatory Agencies. Page 48 of 80 B. The drawing shall depict as a minimum the manufacturing process (waste generating sources), spill containment, monitoring or metering facilities, and pretreatment facilities. C. The applicant or user shall submit a schematic drawing of the pretreatment facilities, piping and instrumentation diagram, and wastewater characterization report. D. Users and applicants may also be required to submit for review site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, spill containment, clarifiers, and appurtenances by size, location, and elevation for evaluation. E. The OCSD may require the drawings be prepared by a California Registered Chemical, Mechanical, or Civil Engineer. F. Permittee shall be required to submit updated detailed facility plans. 402. PRETREATMENT FACILITIES A. All users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all Categorical Pretreatment Standards, Table 1, Local Discharge Limits, and the prohibitions set out in Sections 201 (A) & (B) of this ordinance within the time limitations specified by EPA, the State, or OCSD, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated by a qualified operator, and maintained in proper operating condition at the user's expense. B. All users may also be required by the OCSD to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation of the pretreatment facilities and compliance with permit limits and this Ordinance. C. No user shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this Ordinance and the user's Permit. 403. SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS A. All users shall provide spill containment for protection against discharge of prohibited materials or other wastes regulated by this Ordinance. Such protection shall be designed to secure the discharges and to prevent them from entering into the system in accordance with reasonable engineering standards. Such facilities shall be provided and maintained at the user's Page 49 of 80 expense. B. The General Manager may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years the OCSD shall evaluate whether each significant industrial user needs such a plan. Any user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following: 1. Description of discharge practices, including non-routine batch discharges. 2. Description of stored chemicals. 3. Procedures for immediately notifying the POTW of any accidental of slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in Article 2 of this Ordinance. 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response. 404. MONITORING/METERING FACILITIES A. The OCSD may require the user to construct and maintain in proper operating condition at the user's sole expense, flow monitoring, constituent monitoring and/or sampling facilities. B Permittees may be required to install and maintain an appropriate effluent flow monitoring device. Calibration of such flow monitoring device shall be done annually or as specified in the wastewater discharge permit. C. The monitoring or metering facilities may be required to include a security closure that can be locked with a OCSD provided hasp lock during sampling or upon termination of service. D. The location of the monitoring or metering facilities shall be subject to approval by the OCSD. E. The user shall provide immediate, clear, safe and uninterrupted access to Page 50 of 80 the OCSD to the user's monitoring and metering facilities. F. For all industries permitted by the OCSD, domestic wastewaters shall be kept segregated from all industrial wastewaters until the industrial wastewaters have passed through any required pretreatment system or device and the permittee's sample point. 405. WASTE MINIMIZATION REQUIREMENTS A. The user shall provide waste minimization plans to reduce or eliminate pollutant discharge to the sewerage system and conserve water. The user shall investigate product substitution, housekeeping practices, provide inventory control, implement employee education, and other steps as necessary to minimize waste produced. B. A user may certify that their facility does not discharge any type of wastewater, containing pollutants that may directly or indirectly discharge into the OCSD sewerage system as a form of Best Management Practice (BMP), upon approval by the OCSD. ARTICLE 5 MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS 501. MONITORING AND REPORTING CONDITIONS A. Monitoring for Annual Charge for Use The wastewater constituents and characteristics of a discharger needed for determining the annual charge for use shall be submitted in the form of self-monitoring reports by the user to the OCSD, if requested. The frequency of analyses and reporting shall be set forth in the user's permit. The analyses of these constituents and characteristics shall be by a laboratory acceptable to the OCSD, and at the sole expense of the permittee. Analyses performed by OCSD's personnel may used in the determination of the annual charge for use. Page 51 of 80 B. Monitoring for Compliance with Permit Conditions or Reporting Requirements The OCSD may require reports for self-monitoring of wastewater constituents and characteristics of the discharger needed for determining compliance with any limit or requirements as specified in the user's permit, Federal or State Regulations, or this Ordinance. These reports include: (1) Baseline Monitoring Reports. (2) Compliance Schedule Progress Reports. (3) 90-Day Compliance Reports. (4) Periodic Reports on continued compliance. (5) Notification of the Discharge of Hazardous Waste. (6) Other reports as required by the OCSD. Monitoring reports of the analyses of wastewater constituents and characteristics shall be in a manner and form approved by the OCSD and shall be submitted upon request of the OCSD. When applicable, the self- monitoring requirement and frequency of reporting may be set forth in the user's permit as directed by the OCSD. The analyses of wastewater constituents and characteristics and the preparation of the monitoring report shall be done at the sole expense of the user. If sampling performed by a user indicates a violation, the user must notify the OCSD within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the OCSD within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the OCSD performs sampling at the user between the time when the initial sampling was conducted and the time when the user or OCSD receives the results of this sampling, or if the OCSD has performed the sampling and analysis in lieu of the industrial user. If the OCSD performed the sampling and analysis in lieu of the industrial user, the OCSD will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis. Failure by the user to perform any required monitoring, or to submit monitoring reports required by the OCSD constitutes a violation of this Ordinance, may result in determining whether the permittee is in significant non-compliance, and be cause for the OCSD to initiate all Page 52 of 80 necessary tasks and analyses to determine the wastewater constituents and characteristics for compliance with any limits and requirements specified in the user's permit or in this Ordinance. The user shall be responsible for any and all expenses of the OCSD in undertaking such monitoring analyses and preparation of reports. 501.1 Inspection and Sampling Conditions A. The OCSD may inspect and sample the wastewater generating and disposal facilities of any user to ascertain whether the intent of this Ordinance is being met and the user is complying with all requirements. B. The OCSD shall have the right to place on the user's property or other locations as determined by the OCSD, such devices as are necessary to conduct sampling or metering operations. Other sampling locations may include downstream manholes, usually in the sewerage system, for the purpose of determining the compliance status of an industrial or commercial discharger. C. In order for the OCSD to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the user shall make available for inspection and copying by the OCSD all notices, self-monitoring reports, waste manifests, and records including, but not limited to, those related to production, wastewater generation, wastewater disposal, and those required in the Federal Pretreatment Requirements without restriction but subject to the confidentiality provision set forth in Section 103 herein. All such records shall be kept by the user a minimum of three (3) years. D. If a discharger falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method, the discharger may be subject to imposition of penalties, permit suspension or permit revocation. 501.2 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the General Manager or other parties approved by EPA. Page 53 of 80 501.3 Right of Entry A. Persons or occupants of premises where wastewater is created or discharged shall allow the OCSD, or its representatives, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to authorized OCSD's personnel attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the OCSD's sewerage system. B. Where a user has security measures in force, the user shall make necessary arrangements so that personnel from the OCSD shall be permitted to enter without delay for the purpose of performing their specific responsibilities. 501.4 Notification of Spill or Slug 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 his discharge will exceed the discharge provisions of the user's permit, Sections 201(A) & (B) or Table I, Local Discharge Limits, the discharger shall immediately notify the OCSD by telephone. If the material discharged to the sewer has the potential to cause or result in a fire or explosion hazard, the discharger shall immediately notify the local fire department and the OCSD. B. Confirmation of this notification shall be made in writing no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the OCSD or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this Ordinance or other applicable law. Page 54 of 80 501.5 Notification of Bypass A. Bypass of industrial wastewater to the sewerage system is prohibited. The OCSD may take enforcement action against the user, unless: 1. Bypass was unavoidable because it was done to prevent loss of life, personal injury, or severe property damage; 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3. The permittee submitted notices as required under Section 501.4(B). B. If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the OCSD, if possible, at least ten (10) days before the date of the bypass. C. The OCSD may approve an anticipated bypass at its sole discretion after considering its adverse effects, and the OCSD determines that the conditions listed in Section 501.5(A)(1-3) are met. D. A permittee shall provide telephone notification to the OCSD of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five (5) days of the time the permittee becomes aware or could reasonably have been aware of the bypass. The report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation. Page 55 of 80 ARTICLE 6 ENFORCEMENT 600. PURPOSE AND SCOPE A. The Board finds that in order for the OCSD to comply with the laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the OCSD's sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the OCSD's system by industrial discharge permittees. B. To ensure that all interested parties are afforded due process of law and that non-compliance and violations are resolved as soon as possible, the general policy of the OCSD is that: 1. Any determination relating to a Probation Order, Enforcement Compliance Schedule Agreement (ECSA), or Regulatory Compliance Schedule Agreement (RCSA) will be made by the Division Head of the Source Control Division, with a right of appeal by the permittee to the General Manager pursuant to the procedures set forth in Section 617. 2. A user, permittee, or applicant for a permit may request the Steering Committee to hear an appeal of the General Manager's decision pursuant to Section 618. Such request may be granted or denied by the Steering Committee. 3. Any permit suspension or revocation recommended by the Source Control Division Head will be heard and a recommendation made to the General Manager by a OCSD Department Head or other person designated by the General Manager with a right of appeal of the General Manager's order by the permittee to the Steering Committee pursuant to the provisions of Section 618. 4. Actions and decisions by the Division Head or Department Head are made pursuant to a delegation of authority by the General Manager as authorized by Section 107 of this Ordinance. 5. The Board of Directors may adopt rules of procedure to establish the conduct of certain administrative proceedings. Page 56 of 80 C. The OCSD, at its discretion, may utilize any one, combination, or all enforcement remedies provided in Article 6 in response to any permit or Ordinance violation. 601. DETERMINATION OF NON-COMPLIANCE WITH DISCHARGE LIMITS A. Sampling Procedures 1. Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the OCSD. 2. Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this Ordinance may be determined by an analysis of a grab or composite sample of the effluent of a user. Non-compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent, except that a grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge. 3. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer. 602. ENFORCEMENT PROCEDURES AND APPLICABLE FEES A. Self-Monitoring Requirements as a Result of Non-Compliance 1. If analysis of any sample obtained by the OCSD or by a permittee shows non-compliance with the applicable wastewater discharge limits set forth in the Ordinance or in the permittee's discharge permit, the OCSD may impose self-monitoring requirements on the permittee. 2. A permittee shall perform required self-monitoring of constituents in a frequency, at the specific location, and in a manner directed by the OCSD. 3. All analyses of self-monitoring samples shall be performed by an independent laboratory acceptable to the OCSD and submitted to the OCSD in a form and frequency determined by the OCSD. Page 57 of 80 4. All self-monitoring costs shall be borne by the permittee. 5. Nothing in this section shall be deemed to limit the authority of the OCSD to impose self-monitoring as a permit condition. B. Purpose of Non-Compliance Sampling Fees The purpose of the non-compliance sampling fee is to compensate the OCSD for costs of additional sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the non-compliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Sections 615 and 616. C. Non-Compliance Sampling Fees for Composite Samples 1. Each violation of a permittee's permit limit or condition is a violation of this Ordinance. 2. a) If analysis of any composite sample of a permittee's discharge obtained by the OCSD shows a major violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the permittee shall pay non-compliance sampling fees to the OCSD pursuant to fee schedules adopted by the OCSD's Board of Directors. b) If analysis of any composite sample of a permittee's discharge obtained by the OCSD shows a minor violation by the permittee of the mass emission rates or concentration limits specified in the permittee's discharge permit or in this Ordinance, then the OCSD may impose non-compliance sampling fees pursuant to fee schedules adopted by the OCSD's Board of Directors. 3. The fees specified in subsection 602.C.2.(a), C.2.(b) and D herein shall be imposed for each date on which the OCSD conducts sampling as a result of a violation by a permittee. Page 58 of 80 D. Non-Compliance Sampling Fees for Grab Samples and Self-Monitoring Results 1. If analysis of any grab sample analysis of a permittee's discharge shows non-compliance with any concentration limits as set forth in the user's permit or in this Ordinance, the OCSD may impose non- compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the OCSD as a result of a violation by the permittee. 2. If any self-monitoring analysis of a permittee's discharge shows non-compliance with any concentration limits or mass emission rates as set forth in the user's permit or in this Ordinance, the OCSD may impose non-compliance sampling fees, pursuant to fee schedules adopted by the OCSD Board of Directors, for sampling conducted by the OCSD as a result of a violation by the permittee. 602.1 Probation Order A. Grounds In the event the Division Head determines that a permittee has violated any provision of this Ordinance, or the terms, conditions and limits of its discharge permit, or has not made payment of all amounts owed to the OCSD for user charges, non-compliance fees or any other fees, the General Manager may issue a Probation Order, whereby the permittee must comply with all directives, conditions and requirements therein within the time prescribed. B. Provisions The issuance of a Probation Order may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, requirements for self-monitoring, submittal of drawings or technical reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, or other provisions to ensure compliance with this Ordinance. C. Probation Order - Expiration A Probation Order issued by the General Manager shall be in effect for a period not to exceed ninety (90) days. Page 59 of 80 602.2 Enforcement Compliance Schedule Agreement (ECSA) A. Grounds Upon determination that a permittee is in non-compliance with the terms, conditions or limits specified in its permit or any provision of this Ordinance, and needs to construct and/or acquire and install equipment related to pretreatment, the General Manager may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment. B. Provisions The issuance of an ECSA may contain terms and conditions including but not limited to requirements for self-monitoring, installation of pretreatment equipment and facilities, submittal of drawings or reports, operator certification, audit of waste minimization practices, payment of fees, limits on rate and time of discharge, deposit of performance guarantee, interim limits, or other provisions to ensure compliance with this Ordinance. C. ECSA - Payment of Amounts Owed The OCSD shall not enter into an ECSA until such time as all amounts owed to the OCSD, including user fees, non-compliance sampling fees, deposits, or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the General Manager. Failure to pay all amounts owed to the OCSD shall be grounds for permit suspension or permit revocation as set forth in Section 604 and 605. D. ECSA - Permit Suspension/Revocation If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term, the General Manager may issue an order suspending or revoking the discharge permit pursuant to Section 604 or 605 of this Ordinance. Page 60 of 80 603. REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) A. Grounds If at any time subsequent to the issuance of a Wastewater Discharge Permit to an industrial user, Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the OCSD enacts revised discharge limits, the General Manager, upon determination that an industrial user would not be in compliance with the adopted or revised limits, may require the industrial user to enter into a RCSA with the OCSD under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date. The RCSA shall have a maximum term of two hundred-seventy (270) days. B. Provisions The issuance of a RCSA may contain terms and conditions including but not limited to requirements for installation of pretreatment equipment and facilities, submittal of drawings or reports, waste minimization practices or other provisions to ensure compliance with this Ordinance. C. RCSA - Non-Compliance Sampling Fee During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance sampling fees in accordance with Article 6. 604. PERMIT SUSPENSION A. Grounds The General Manager may suspend any permit when it is determined that a permittee: 1. Fails to comply with the terms and conditions of either an ECSA or RCSA. 2. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 3. Refuses to provide records, reports, plans, or other documents required by the OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 4. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. Page 61 of 80 5. Fails to report significant changes in operations or wastewater constituents and characteristics. 6. Violates a Probation Order. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the OCSD for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Violates any condition or limit of its discharge permit or any provision of the OCSD's Ordinance. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for permit suspension, he shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for suspension of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address. Page 62 of 80 C. Effect 1. Upon an order of suspension by the General Manager becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any industrial wastewater, directly or indirectly to the OCSD's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of suspension. 3. An order of permit suspension issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. 605. PERMIT REVOCATION A. Grounds The General Manager may revoke any permit when it is determined that a permittee: 1. Knowingly provides a false statement, representation, record, report, or other document to the OCSD. 2. Refuses to provide records, reports, plans, or other documents required by the OCSD to determine permit terms, conditions, or limits, discharge compliance, or compliance with this Ordinance. 3. Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method. 4. Fails to report significant changes in operations or wastewater constituents and characteristics. 5. Fails to comply with the terms and conditions of an ECSA, permit suspension, or probation order. Page 63 of 80 6. Discharges effluent to the OCSD's sewerage system while its permit is suspended. 7. Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring. 8. Does not make timely payment of all amounts owed to the OCSD for user charges, non-compliance sampling fees, permit fees, or any other fees imposed pursuant to this Ordinance. 9. Causes interference with the OCSD's collection, treatment, or disposal system. 10. Fails to submit oral notice or written report of bypass occurrence. 11. Violates any condition or limit of its discharge permit or any provision of the OCSD's Ordinance. B. Notice/Hearing When the General Manager has reason to believe that grounds exist for the revocation of a permit, he shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the General Manager's designee. The hearing date shall be not less than fifteen (15) calendar days nor more than forty-five (45) calendar days after the mailing of such notice. 1. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the OCSD's General Counsel. 2. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for permanent revocation of the permit, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the permittee Page 64 of 80 or its legal counsel/representative at the permittee's business address. In the event the General Manager determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate. C. Effect 1. Upon an order of revocation by the General Manager becoming final, the permittee shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to the OCSD system. All costs for physical termination shall be paid by the permittee. 2. Any owner or responsible management employee of the permittee shall be bound by the order of revocation. 3. Any future application for a permit at any location within the OCSD by any person subject to an order of revocation will be considered by the OCSD after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the permittee unless a request for hearing is filed with the Steering Committee pursuant to Section 618 no later than 5:00 p.m. on the fifteenth (15th) day following such mailing. 606. WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS A Wastehauler's non-compliance with permit requirements shall be determined by an analysis of a sample of the discharge for any constituent or conditions specified in the Wastehauler's discharge permit or this Ordinance. If the discharge of a Wastehauler is found by the analysis to be in excess of the concentration limits specified in the Wastehauler's discharge permit or in this Ordinance, the Wastehauler shall, after receiving a demand from the OCSD, identify in writing, all sources of the discharge. Even if it is established to the satisfaction of the General Manager that the origin of the discharge is domestic septage, or septic waste, the OCSD may still elect not to accept waste from that particular source. Page 65 of 80 If the discharge is industrial wastewater from an industrial source(s) and exceeds permit concentration limits or limits specified in this Ordinance, the following shall apply: A. First Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for five (5) days. B. Second Violation 1. The permittee shall pay a non-compliance sampling fee. 2. The Wastehauler permit for disposal privileges shall be suspended for ten (10) days. 3. The Wastehauler permit may be revoked in accordance with Section 606. 607. DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS A. Any person who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the OCSD sewerage facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the OCSD to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of twenty-five percent (25%) of OCSD costs shall be added to the costs and charges to reimburse the OCSD for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five (45) days of invoicing by the OCSD. B. Any person who discharges a waste which causes or contributes to the OCSD violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the OCSD, including regulatory fines, penalties, and assessments made by other agencies or a court. Page 66 of 80 608. INDUSTRIAL WASTE PASS THROUGH Any person whose discharge results in a pass through event affecting the OCSD or its sewerage facilities shall be liable for all costs associated with the event, including treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The discharger shall submit to the OCSD plans to prevent future recurrences to the satisfaction of the OCSD. 609. PUBLICATION OF VIOLATION Upon a determination in a permit suspension, permit revocation, or civil penalty proceedings that a user has discharged in violation of its permit or any provision under this Ordinance, the OCSD may require that the user notify the public and/or other users of the OCSD sewerage facilities of such violation, of actions taken to correct such violation, and of any administrative or judicial orders or penalties imposed as a result of such violation. 610. PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE In accordance with Federal Regulations, the OCSD shall annually cause to be published the names of all industrial users in significant non-compliance. Upon a minimum of a thirty (30)-day notification to the user, said publication shall be made in the newspaper of the largest daily circulation published in the OCSD service area. 611. PUBLIC NUISANCE Discharge of wastewater in any manner in violation of this Ordinance or of any order issued by the General Manager, as authorized by this Ordinance, is hereby declared a public nuisance and shall be corrected or abated as directed by the General Manager. Any person creating a public nuisance is guilty of a misdemeanor. 612. TERMINATION OF SERVICE A. The OCSD, by order of the General Manager, may physically terminate sewerage service to any property as follows: 1. On a term of any order of emergency suspension or revocation of a permit; or 2. Upon the failure of a person not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the OCSD sewerage facilities. B. All costs for physical termination shall be paid by the user as well as all Page 67 of 80 costs for reinstating service. 613. EMERGENCY SUSPENSION ORDER A. The OCSD may, by order of the General Manager, suspend sewerage service or Wastehauler discharge service when the General Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause interference to the OCSD sewerage facilities, or may cause the OCSD to violate any State or Federal Law or Regulation. Any discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all industrial wastewater to the sewerage system. B. As soon as reasonably practicable following the issuance of an Emergency Suspension Order, but in no event more than five (5) days following the issuance of such order, the General Manager shall hold a hearing to provide the user the opportunity to present information in opposition to the issuance of the Emergency Suspension Order. Such a hearing shall not stay the effect of the Emergency Suspension Order. The hearing shall be conducted in accordance with procedures established by the General Manager and approved by the OCSD General Counsel. The General Manager shall issue a written decision and order within two (2) business days following the hearing, which decision shall be sent by certified mail to the user or its legal counsel/representative at that user's business address. The decision of the General Manager following the hearing shall be final and not appealable. 614. INJUNCTION Whenever a discharger of wastewater is in violation of or has the reasonable potential to violate any provision of this Ordinance, permit condition, or any Federal Pretreatment Standard or requirement as set forth in 40 CFR Section 403.8 et seq., fails to submit required reports, or refuses to allow the OCSD entry to inspect or monitor the user's discharge, the OCSD may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continued violation or to prevent threatened violations by the discharger. Page 68 of 80 615. CIVIL PENALTIES A. Authority All users of the OCSD's system and facilities are subject to enforcement actions administratively or judicially by the OCSD, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Orange District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et 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 et seq.); and (5) California Government Code, Sections 54739-54740. B. Recovery of Fines or Penalties In the event the OCSD is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by OCSD, as caused by the discharge of any user of the OCSD system which is in violation of any provision of the OCSD Ordinance or the user's permit, OCSD shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected. C. Ordinance Pursuant to the authority of California Government Code Sections 54739 - 54740, any person who violates any provision of this Ordinance; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this Ordinance, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The General Counsel of the OCSD, upon order of the General Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the OCSD may impose, assess, and recover pursuant to Federal and/or State legislative authorization. Page 69 of 80 D. Administrative Civil Penalties 1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the OCSD may issue an administrative complaint to any person who violates: a) any provision of this Ordinance; b) any permit condition, prohibition, or effluent limit; or c) any suspension or revocation order. 2. The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60) days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the OCSD requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty. The matter shall be heard by the General Manager or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted. 3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the OCSD's General Counsel. 4. After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation. 5. Upon receipt of the written report, the General Manager shall make his determination and should he find that grounds exist for assessment of a civil penalty against the person, he shall issue his decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his designee. 6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Steering Committee may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Steering Committee may take into consideration all Page 70 of 80 relevant circumstances, including but not limited to the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, attempted or taken by the person involved. 7. Civil penalties may be assessed as follows: a) In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports; b) In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the OCSD; c) In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued, or adopted by the OCSD; d) In any amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the OCSD; 8. An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first (31 st) day after its is served on the person unless an appeal and request for hearing is filed with the Steering Committee pursuant to Section 618 no later than the thirtieth (30th) day following such mailing. An order assessing administrative civil penalties issued by the Steering Committee shall be final upon issuance. 9. Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order. 10. Any person aggrieved by a final order issued by the Steering Committee, after granting review of the order of the General Manager, may obtain review of the order of the Steering Committee in the superior court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within Page 71 of 80 thirty (30) days following the service of a copy of the decision or order issued by the Steering Committee. 11. Payment of any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The OCSD may record the lien for any unpaid administrative civil penalties on the ninety-first (91 st) day following the date the order becomes final. 12. No administrative civil penalties shall be recoverable under Section 615.D for any violation for which the OCSD has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740. 616. CRIMINAL PENALTIES Any person who violates any provision of this Ordinance is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not more than thirty (30) days, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this Ordinance and shall be subject to the penalties contained herein. 617. APPEALS TO GENERAL MANAGER A. General Any user, permit applicant or permittee affected by any decision, action or determination made by the Division Head may file with the General Manager a written request for an appeal hearing. The request must be received by the OCSD within fifteen (15) days of mailing of notice of the decision, action, or determination of the OCSD to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant's request. B. Notice The General Manager shall, within fifteen (15) days of receiving the request for appeal, and pursuant to Section 107, designate a Department Head or other person to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a Page 72 of 80 later date is agreed to by the appellant. If the hearing is not held within said time due to actions or inactions of the appellant, then the staff decision shall be deemed final. C. 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 the OCSD's General Counsel. D. Written Determination After the conclusion of the hearing, the Department Head (or other designee) shall submit a written report to the General Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation whether to uphold, modify or reverse the Division Head's original decision, action or determination. Upon receipt of the written report, the General Manager shall make his determination and shall issue his decision and order within thirty (30) calendar days of the hearing by his designee. The written decision and order of the General Manager shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the General Manager shall be final in all respects on the sixteenth (16th) day after it is mailed to the appellant unless a request for hearing is filed with the Steering Committee pursuant to Section 618, no later than 5:00 p.m. on the fifteenth day following such mailing. 618. APPEALS TO THE STEERING COMMITTEE A. General Any user, permit applicant, or permittee adversely affected by a decision, action, or determination made by the General Manager may, prior to the date that the General Manager's order becomes final, file a written request for hearing before the Steering Committee of the Joint Boards of Directors accompanied by an appeal fee in the amount established by a fee ordinance of the OCSD Board of Directors. The request for hearing shall set forth in detail all the issues in dispute for which the appellant seeks determination and all facts supporting appellant's request. No later than sixty (60) days after receipt of the request for hearing, the Steering Committee shall either set the matter for a hearing, or deny the request for a hearing. Page 73 of 80 A hearing shall be held by the Steering Committee within sixty-five (65) days from the date of determination granting a hearing, unless a later date is agreed to by the appellant and the Steering Committee. If the matter is not heard within the required time, due to actions or inactions of the appellant, the General Manager's order shall be deemed final. B. Granting Request for Hearing The Steering Committee shall grant all requests for a hearing on appeals concerning permit suspension, revocation, or denial. Whether to grant or deny the request for a hearing on appeals of other decisions of the General Manager shall be within the sole discretion of the Steering Committee. C. Appeal Fee Refund The appeal fee shall be refunded if the Steering Committee denies a hearing or reverses or modifies, in favor of the appellant, the order of the General Manager. The fee shall not be refunded if the Steering Committee denies the appeal. D. Written Determination After the hearing, the Steering Committee shall make a determination whether to uphold, modify, or reverse the decision, action, or determination made by the General Manager. The decision of the Steering Committee shall be set forth in writing within sixty- five (65) days after the close of the hearing and shall contain a finding of the facts found to be true, the determination of issues presented, and the conclusions. The written decision and order of the Steering Committee shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The order of the Steering Committee shall be final upon its adoption. In the event the Steering Committee fails to reverse or modify the General Manager's order, it shall be deemed affirmed. 618.1 Appeal of Charges and Fees Any user, permit applicant, or permittee affected by any decision, action, or determination by the OCSD, relating to fiscal issues of the OCSD in which the user, applicant, or permittee is located, including but not limited to the imposition and collection of fees, such as connection charges, sewer use charges, special purpose discharge use charges and Wastehauler fees, may request that the OCSD reconsider imposition of such fees or charges. Following review of such a request, the OCSD shall notify the user, permit applicant, or permittee by certified Page 74 of 80 mail of the OCSD's decision on the reconsideration request. Any user, permit applicant, or permittee adversely affected by the OCSD's decision on the reconsideration request may file an appeal which shall be heard by the Board of Directors of the District in which the appellant's property is located. The notice of appeal must be received by the OCSD within thirty (30) days of the mailing of the OCSD's decision on the reconsideration request. Notwithstanding the foregoing, appeals of non-compliance sampling fees shall be made pursuant to the appeal procedures set forth in Sections 617 and 618. 619. PAYMENT OF CHARGES A. Except as otherwise provided, all fees, charges and penalties established by this Ordinance are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five (45) days after date of invoice. B. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following: 1. Forty-six (46) days after date of invoice, a basic penalty of ten percent (10%) of the base invoice amount, not to exceed a maximum of$1,000.00; and 2. A penalty of one and one-half percent (1 .5%) per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit. D. Penalties charged under this Section shall not accrue to those invoices successfully appealed, provided the OCSD receives written notification of said appeal prior to the payment due date. E. Payment of disputed charges is still required by the due date during OCSD review of any appeal submitted by permittees. Page 75 of 80 619.1 Collection of Delinquent Accounts Collection of delinquent accounts shall be in accordance with the OCSD's policy resolution establishing procedures for collection of delinquent obligations owed to the OCSD, as amended from time to time by the Board of Directors. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this Ordinance. 620. RECOVERY OF COSTS INCURRED BY OCSD In the event permittee fails to comply with any of the terms and conditions of the OCSD's Ordinance, a probationary order, a permit suspension or revocation, an ECSA, RCSA, or a permit issued hereunder, the OCSD shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court. 621. FINANCIAL SECURITY/AMENDMENTS TO PERMIT A. Compliance Deposit Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the OCSD an amount determined by the General Manager as necessary to guarantee payment to OCSD of all charges, fees, penalties, costs and expenses that may be incurred in the future, before permission is granted for further discharge to the sewer. B. Delinquent Accounts The OCSD may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the OCSD, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by Permittee. C. 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. D. Permit Amendments The OCSD shall review and examine Permittee's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this Ordinance. The OCSD may thereafter issue an Page 76 of 80 amendment to the User's permit in accordance with the provisions of Article 3 and Section 621(E) of this Ordinance. E. Security An amendment to a waste discharge permit issued pursuant to Sections 621(B), (C), and (D), may be conditioned upon the Permittee depositing financial security in an amount equal to the average total fees and charges for two (2) calendar quarters during the preceding year. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by OCSD and shall not be used by the OCSD to recover outstanding fees and charges incurred prior to the Permittee filing and receiving protection from creditors in the United States Bankruptcy Court. F. Return of Security In the event the Permittee makes payment in full within the time prescribed by this Ordinance of all fees and charges incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to Sections 621(B), (C), and (D), the OCSD shall either return the security deposit posted by the Permittee or credit their account. 622. JUDICIAL REVIEW A. Purpose and Effect Pursuant to Section 1094.6 of the California Code of Civil Procedure, the OCSD hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. B. Definitions As used in this Section, the following terms and words shall have the following meanings: 1. Decision shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license. 2. Complete Record shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the General Manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the OCSD or its offices or agents, all written evidence, and any other papers in the case. Page 77 of 80 3. Party shall mean a person whose permit has been denied, suspended, or revoked. C. Time Limit for Judicial Review Judicial review of any decision of the OCSD or its officer or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth (90th) day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this Section on the date that reconsideration is rejected. D. 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 has filed written request therefor. The OCSD may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. E. Extension If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Section 1094.5 of the Code of Civil Procedure, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner's attorney of record, if appropriate. F. Notice In making a final decision, the OCSD shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure. Page 78 of 80 G. Administrative Civil Penalties Notwithstanding the foregoing in Section 622, and pursuant to Government Code Section 54740.6, judicial review of an order of the Steering Committee imposing administrative civil penalties pursuant to Section 615.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 Steering Committee becomes final. ARTICLE 7 SEWER SERVICE CHARGES - CONNECTION CHARGES 701. SANITARY SEWER SERVICE CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a sanitary sewer service charge in an amount adopted by the Board of Directors by separate Ordinance. 702. CAPITAL FACILITIES CONNECTION CHARGE Every parcel of real property located within the OCSD which is improved with structures designed for residential, commercial, or industrial use, and connected to the OCSD system, shall pay a capital facilities connection charge in an amount adopted by the Board of Directors by separate Ordinance. ARTICLE 8 SEVERABILITY 801. SEVERABILITY If any provision of these Regulations or the application to any or circumstances is held invalid, the remainder of the regulations or the application of such provision to other persons or other circumstances shall not be affected. 802. GENERAL APPLICATION The provisions of this Ordinance shall apply to all properties within the OCSD including those properties otherwise deemed exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by other public agencies or tax-exempt organizations. Section II: This Ordinance is enacted in order to preserve the public Page 79 of 80 health and safety, and in order to continue the provision of sewer services by the OCSD. The 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 III: Effective Date. This Ordinance shall take effect October 1, 2009. Section IV: Repeal. Ordinance No. OCSD-37 is hereby repealed. Section V: The Clerk of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held the 23 day of September, 2009. Chair, Board of Directors Orange County Sanitation District ATTEST: Clerk of the Board Orange County Sanitation District Bradley R. Hogin, General Counsel Page 80 of 80