HomeMy WebLinkAbout09-14-2022 Board Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order.
Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating
in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here.
Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting.
Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 278 860 202#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone
number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at:
https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance
of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into
the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS
For technical assistance before and during the meeting, please call 714-593-7431. For
any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San!
September 6, 2022
NOTICE OF SPECIAL MEETING
BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
Wednesday, September 14, 2022 – 4:45 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed in the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during meetings: you may join the meeting live via Teams on your
computer or similar device or web browser, join the meeting live via
telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
The Special Meeting of the Board of Directors of the Orange County Sanitation District will be held at the above location and in the
manner indicated on Wednesday, September 14, 2022 at 4:45 p.m.
0 ~SAN 10844 Ellis Avenue
Fountain Valley, CA 92708
714.962.2411
ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov
Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
Serving:
Anaheim
Brea
Buena Park
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
County of Orange
Costa Mesa
Sanitary District
Midway City
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District
BOARD MEETING DATES
September 28, 2022
October 26, 2022
November 16, 2022 *
December 21, 2022 *
January 25, 2023
February 22, 2023
March 22, 2023
April 26, 2023
May 24, 2023
June 28, 2023
July 26, 2023
August 23, 2023
September 27, 2023
* Meeting will be held on the third Wednesday of the month
ORANGE COUNTY SANITATION DISTRICT Effective 03/07/2022 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim
Stephen Faessel
Gloria Ma’ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz-Mallari Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan
La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Ted Lindsey County Areas
Board of Supervisors Donald P. Wagner
Doug Chaffee
BOARD OF DIRECTORS
Special Meeting Agenda
Wednesday, September 14, 2022 - 4:45 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type
of accommodation requested.
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the OC San's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, and on the OC San’s website at www.ocsan.gov not less than 72 hours
prior to the meeting date and time above. All public records relating to each agenda item, including any public
records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are
available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14
days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 14, 2022
CALL TO ORDER
Board Chairman Chad Wanke
ROLL CALL AND DECLARATION OF QUORUM
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during
the meeting.
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please
raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board
before or during the public comment period.
You may submit your comments and questions in writing for consideration in advance of the meeting by using the
eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to
OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment
feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for
the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as
part of the record.
NON-CONSENT:
1.2022-2507CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS
RECOMMENDATION:
Adopt Resolution No. OC SAN 22-26 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
Originator:Kelly Lore
Agenda Report
Resolution No. OC SAN 22-26
Attachments:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 1 of 2
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 14, 2022
ADJOURNMENT:
Adjourn the Special Board meeting until the Regular Meeting of the Board of Directors on
September 28, 2022 at 6:00 p.m.
Page 2 of 2
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2507 Agenda Date:9/14/2022 Agenda Item No:1.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Adopt Resolution No. OC SAN 22-26 entitled, “A Resolution of the Board of Directors of the Orange
County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government
Code Section 54953”.
BACKGROUND
Under Section 54943(b)(3), a legislative body may use teleconferencing in connection with any
meeting if it posts agendas in all teleconference locations, identifies each teleconference location in
the meeting notice, makes each teleconference location accessible to the public, and allows
members of the public to address the legislative body from each teleconference location.
On September 16, 2021, Governor Newsom signed AB 361. The bill amends Government Code
Section 54943 to allow legislative bodies to use teleconferencing for public meetings without
complying with the requirements of Section 54943(b)(3) if 1) the Governor has proclaimed a state of
emergency and the County of Orange recommends social distancing for vulnerable populations, and
2) the legislative body has determined that meeting in person would present an imminent risk to the
health of Board Members, staff, and the public. The first condition is currently satisfied because the
Governor’s proclaimed State of Emergency remains in effect, and the County of Orange currently
recommends measures to promote social distancing for vulnerable populations. In addition, the
following facts support a finding by the Board that meeting in person would present an imminent risk
to the health of Board Members, staff, and the public:
·In-person meetings of the Orange County Sanitation District’s (OC San) Governing Board and
Committees involve relatively large numbers of attendees, as the Board has 25 members and
OC San has a large staff.
·The room in which Board and Committee meetings take place is not large enough to easily
accommodate social distancing given the number of Board Members and staff that regularly
attend.
·While effective COVID-19 vaccines are widely available, many Orange County residents have
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2507 Agenda Date:9/14/2022 Agenda Item No:1.
·While effective COVID-19 vaccines are widely available,many Orange County residents have
not been vaccinated.
·In order to slow down the transmission of COVID-19 and its variants,public health officials
recommend that unvaccinated persons avoid gatherings and practice social distancing.
·Some individuals who contract COVID-19 and its variants have no symptoms or have only
mild symptoms and are therefore unaware that they carry the virus and may be transmitting it
to others.
·Older adults and individuals with medical conditions are at higher risk of severe illness from
COVID-19 and its variants.
·The age,condition,and health of a significant portion of residents within OC San’s jurisdiction
place them at risk for serious health complications,including hospitalization and death,from
COVID-19 and its variants.
·Younger and otherwise healthy people are also at risk for serious health problems and may
transmit COVID-19 and its variants to others.
In order to hold remote meetings without complying with Section 54943(b)(3),the legislative body
must:1)give notice of the means by which members of the public may access the meeting and offer
public comment,2)provide a call-in or internet based option,and 3)provide an opportunity for the
public to address the legislative body in real time.Microsoft Teams will allow OC San to comply with
the second and third requirements.
RELEVANT STANDARDS
·Comply with Government Code Section 54943
·Commitment to safety & reducing risk in all operations
·Provide a safe and collegial workplace
PROBLEM
Surges in COVID-19 and its variants have been reported across California as well as the country.
The state of emergency continues to directly impact the ability of the members of the OC San Board
of Directors and its Board Committees to meet safely in person,and OC San officials continue to
impose or recommend measures to promote social distancing in OC San facilities.
PROPOSED SOLUTION
OC San staff recommends Board of Directors,and its Board Committees meetings continue to
remain fully virtual provided the public has the ability to participate and the Board of Directors adopt a
resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements.
TIMING CONCERNS
If the Resolution is not adopted,Board of Directors and Committee meetings will be required to meet
in person pursuant to Government Code Sections 54950, et seq.
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File #:2022-2507 Agenda Date:9/14/2022 Agenda Item No:1.
PRIOR COMMITTEE/BOARD ACTIONS
August 24,2022 -Adopted Resolution No.OC SAN 22-24 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
July 27,2022 -Adopted Resolution No.OC SAN 22-21 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
July 13,2022 -Adopted Resolution No.OC SAN 22-20 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
June 22,2022 -Adopted Resolution No.OC SAN 22-19 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
May 25,2022 -Adopted Resolution No.OC SAN 22-14 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
April 27,2022 -Adopted Resolution No.OC SAN 22-13 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
April 13,2022 -Adopted Resolution No.OC SAN 22-12 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
March 23,2022 -Adopted Resolution No.OC SAN 22-11 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
February 23,2022 -Adopted Resolution No.OC SAN 22-08 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
January 26,2022 -Adopted Resolution No.OC SAN 22-02 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
January 12,2022 -Adopted Resolution No.OC SAN 22-01 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
December 15,2021 -Adopted Resolution No.OC SAN 21-24 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
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File #:2022-2507 Agenda Date:9/14/2022 Agenda Item No:1.
pursuant to Government Code Section 54953”.
November 17,2021 -Adopted Resolution No.OC SAN 21-20 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
October 27,2021 -Adopted Resolution No.OC SAN 21-15 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
October 6,2021 -Adopted Resolution No.OC SAN 21-14 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing Remote Meetings pursuant to
Government Code Section 54953”.
ADDITIONAL INFORMATION
The Board of Directors must make certain findings by majority vote every 30 days to continue using
the relaxed Brown Act teleconferencing requirements pursuant to Government Code Section 54953
(e).
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 22-26
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OC SAN 22-26-1
RESOLUTION NO. OC SAN 22-26
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AUTHORIZING
THE CONTINUATION OF REMOTE MEETINGS
PURSUANT TO GOVERNMENT CODE SECTION 54953
WHEREAS, Government Code Section 54953(e) allows a legislative body to hold
remote meetings through teleconferencing without complying with the requirements of
Government Code Section 54953(b)(3), subject to certain conditions and requirements;
and
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency
based on the threat of COVID-19 and its variants, and the State of Emergency remains
in effect; and
WHEREAS, based on the threat of COVID-19 and its variants, the County of
Orange recommends measures to promote social distancing for vulnerable populations;
and
WHEREAS, in-person meetings of the Orange County Sanitation District’s
Governing Board and Committees involve relatively large numbers of attendees, as the
Board has 25 members and OC San has a large staff; and
WHEREAS, the room in which Board and Committee meetings take place is not
large enough to easily accommodate social distancing given the number of Board
Members and staff that regularly attend; and
WHEREAS, while effective COVID-19 vaccines are widely available, many Orange
County residents have not been vaccinated; and
WHEREAS, some individuals who contract COVID-19 and its variants have no
symptoms or have only mild symptoms and are therefore unaware that they carry the
virus and may be transmitting it to others; and
WHEREAS, older adults and individuals with medical conditions are at higher risk
of severe illness from COVID-19 and its variants; and
WHEREAS, sustained COVID-19 and its variants community transmission
continues to occur; and
OC SAN 22-26-2
WHEREAS, the age, condition, and health of a significant portion of residents
within the Orange County Sanitation District’s jurisdiction place them at risk for serious
health complications, including hospitalization and death, from COVID-19 and its variants;
and
WHEREAS, younger and otherwise healthy people are also at risk for serious
health problems and may transmit COVID-19 and its variants to others; and
WHEREAS, the Board of Directors of the Orange County Sanitation District finds
that the conditions stated above have caused, and will continue to cause, conditions of
peril to the safety of persons within the Orange County Sanitation District that are likely
beyond the control of services, personnel, equipment, and facilities of the Orange County
Sanitation District.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The conditions described in Government Code Section 54953(e) are
present, in that (a) the Governor has proclaimed a state of emergency and the County of
Orange recommends social distancing for vulnerable populations, and (b) the Board of
Directors has determined that meeting in person would present an imminent risk to the
health of Board members, staff, and the public based on the circumstances described
above.
Section 3. The Board of Directors and the Committees of the legislative body
shall conduct its meetings as authorized by Government Code Section 54953(e) and
comply with the requirements set forth therein.
Section 4. The General Manager of the Orange County Sanitation District is
authorized and directed to take all actions necessary to carry out the intent and purpose
of this Resolution, including conducting open and public meetings in accordance with
Government Code Section 54953(e) and other applicable provisions of the Brown Act.
Section 5. This Resolution shall take effect immediately upon its adoption.
OC SAN 22-26-3
PASSED AND ADOPTED at a Special meeting of the Board of Directors held
September 14, 2022.
________________________________
Chad P. Wanke
Board Chairman
ATTEST:
______________________________
Kelly A. Lore, MMC
Clerk of the Board
APPROVED AS TO FORM:
______________________________
Bradley R. Hogin
General Counsel
OC SAN 22-26-4
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 22-26 was passed
and adopted at a Special meeting of said Board on the 14th day of September 2022, by
the following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 14th day of September 2022.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District