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HomeMy WebLinkAbout08-26-2020 Steering Committee Meeting Complete Agenda Packet ORANGE COUNTY SANITATION DISTRICT SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily suspend portions of the Brown Act which addresses the conduct of public meetings. The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’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 Internet accessibility. PUBLIC PARTICIPATION Your participation is always welcome. The Steering Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSDClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5 :00 p.m. on Tuesday, August 25, 2020. You may also submit comments and questions for the Steering Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Steering Committee and may be read into the record or compiled as part of the record. Thank you. August 19, 2020 NOTICE OF MEETING STEERING COMMITTEE ORANGE COUNTY SANITATION DISTRICT REGULAR MEETING – 5:00 P.M. Wednesday, August 26, 2020 ACCESSIBILITY FOR THE GENERAL PUBLIC Due to the spread of COVID-19, the Orange County Sanitation District will be holding all upcoming Board and Committee meetings by teleconferencing and Internet accessibility. This meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx The Regular Meeting of the Steering Committee of the Orange County Sanitation District will be held in the manner indicated above on Wednesday, August 26, 2020 at 5:00 p.m. STEERING COMMITTEE AND BOARD MEETING DATES September 23, 2020 October 28, 2020 November 18, 2020 * December 16, 2020 * January 27, 2021 February 24, 2021 March 24, 2021 April 28, 2021 May 26, 2021 June 23, 2021 July 28, 2021 August 25, 2021 * Meeting will be held on the third Wednesday of the month STEERING COMMITTEE (1) Roll Call: Meeting Date: August 26, 2020 Meeting Time: 5:00 p.m. Committee Members David Shawver, Board Chair…………………………………………… ____ John Withers, Board Vice-Chair……………………………………….. ____ Robert Collacott, Operations Committee Chair……………………… ____ Peter Kim, LaPA Committee Chair……………………………………… ____ Chad Wanke, Administration Committee Chair……………………… ____ Glenn Parker, Member-At-Large…………………………………..…… ____ Tim Shaw, Member-At-Large…………………………………………… ____ Others Brad Hogin, General Counsel………………………………………... ____ Staff Jim Herberg, General Manager……………………………………… ____ Rob Thompson, Assistant General Manager………………………. ____ Lorenzo Tyner, Assistant General Manager………………………... ____ Celia Chandler, Director of Human Resources………..…………… ____ Kathy Millea, Director of Engineering………..……………………… ____ Lan Wiborg, Director of Environmental Services………..…….…… ____ Kelly Lore, Clerk of the Board…………...…………………………… ____ Other Staff Present ORANGE COUNTY SANITATION DISTRICT Effective 06/16/2020 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR Anaheim Lucille Kring Denise Barnes Brea Glenn Parker Cecilia Hupp Buena Park Fred Smith Connor Traut Cypress Mariellen Yarc Stacy Berry Fountain Valley Steve Nagel Patrick Harper Fullerton Jesus J. Silva Jan Flory Garden Grove Steve Jones John O’Neill Huntington Beach Erik Peterson Lyn Semeta Irvine Christina Shea Anthony Kuo La Habra Tim Shaw Rose Espinoza La Palma Peter Kim Nitesh Patel Los Alamitos Richard Murphy Dean Grose Newport Beach Brad Avery Joy Brenner Orange Mark Murphy Kim Nichols Placentia Chad Wanke Ward Smith Santa Ana Nelida Mendoza David Penaloza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Allan Bernstein Chuck Puckett Villa Park Robert Collacott Chad Zimmerman Sanitary/Water Districts Costa Mesa Sanitary District James M. Ferryman Bob Ooten Midway City Sanitary District Andrew Nguyen Margie L. Rice Irvine Ranch Water District John Withers Douglas Reinhart Yorba Linda Water District Brooke Jones Phil Hawkins County Areas Board of Supervisors Doug Chaffee Donald P. Wagner Orange County Sanitation District STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 26, 2020 - 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted outside the main gate of the Sanitation District’s Administration Building located at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are available for public inspection in the office of the Clerk of the Board. AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be considered or discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take any action which is deemed appropriate. MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the meeting. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file. 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@ocsd.com at least 14 days before the meeting. FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT: General Manager: Jim Herberg, jherberg@ocsd.com / (714) 593-7300 Asst. General Manager: Lorenzo Tyner, ltyner@ocsd.com / (714) 593-7550 Asst. General Manager: Rob Thompson, rthompson@ocsd.com / (714) 593-7310 Director of Human Resources: Celia Chandler, cchandler@ocsd.com / (714) 593-7202 Director of Engineering: Kathy Millea, kmillea@ocsd.com / (714) 593-7365 Director of Environmental Services: Lan Wiborg, lwiborg@ocsd.com / (714) 593-7450 STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 26, 2020 CALL TO ORDER ROLL CALL AND DECLARATION OF QUORUM: Clerk of the Board PUBLIC COMMENTS: Your participation is always welcome. The Steering Committee meeting will be available to the public online at: https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Steering Committee’s consideration in advance of the meeting by using the eComment feature available via the webpage above or sending them to OCSDClerk@ocsd.com with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”. Submit your written comments by 5:00 p.m. on Tuesday, August 25, 2020. You may also submit comments and questions for the Steering Committee’s consideration during the meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Steering Committee and may be read into the record or compiled as part of the record. REPORTS: The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CONSENT CALENDAR: Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 1.2020-1135APPROVAL OF MINUTES RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held July 22, 2020 at 5:00 p.m. Originator:Kelly Lore Agenda Report 07-22-2020 Steering Committee Minutes Attachments: NON-CONSENT: 2.2020-1187GENERAL MANAGER’S FISCAL YEAR 2020-21 WORK PLAN RECOMMENDATION: Recommend to the Board of Directors to: Page 1 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 26, 2020 Receive and file the General Manager’s Fiscal Year 2020-21 Work Plan. Originator:Jim Herberg Agenda Report General Manager's FY 2020-21 Work Plan 2020 Strategic Plan Attachments: 3.2020-1192WATER UCI INDUSTRY UNIVERSITY RESEARCH CENTER ANALYSIS RECOMMENDATION: Recommend to the Board of Directors to: Authorize the General Manager to enter into an agreement with the University of California, Irvine (UCI) and the UCI Foundation with a contribution of $50,000 for the Sewershed-scale analysis of perfluorinated compounds in wastewater in partnership with the Orange County Water District, Irvine Ranch Water District, Santa Margarita Water District, and Moulton Niguel Water District; in a form approved by General Counsel. Originator:Jim Herberg Agenda Report Water UCI - Full Proposal Water UCI - OCSD Draft Agreement 8-3-20 Attachments: 4.2020-1181GENERAL MANAGER’S COMPENSATION AND BENEFITS RECOMMENDATION: Recommend to the Board of Directors to: Approve a performance-based merit increase of 2.5% for the General Manager based on Fiscal Year 2019/2020 job performance, as authorized in Resolution No. OCSD 19-12. Originator:Celia Chandler Agenda Report Resolution No. OCSD 19-12 GM Salary Schedules (FY 2019-20 to FY 2021-22) At Will Employment Agreement-James Herberg Attachments: INFORMATION ITEMS: 5.2020-1169INTERIM FOOD WASTE RECEIVING FACILITY, PROJECT NO. P2-124, AND PRICING POLICY DISCUSSION RECOMMENDATION: Information Item. Originator:Lorenzo Tyner Page 2 of 3 STEERING COMMITTEE Regular Meeting Agenda Wednesday, August 26, 2020 Agenda Report 2020-05-19 Letter from City of Brea Attachments: CLOSED SESSION: During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or 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 the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. CONVENE IN CLOSED SESSION. CS-1 2020-1193CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley Agenda Report Memo from General Counsel Attachments: RECONVENE IN REGULAR SESSION. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: At this time Directors may request staff to place an item on a future agenda. ADJOURNMENT: The next Steering Committee meeting is scheduled for Wednesday, September 23, 2020 at 5:00 p.m. Page 3 of 3 Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1135 Agenda Date:8/26/2020 Agenda Item No:1. FROM:James D. Herberg, General Manager Originator: Kelly A. Lore, Clerk of the Board SUBJECT: APPROVAL OF MINUTES GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Approve Minutes of the Regular Meeting of the Steering Committee held July 22, 2020 at 5:00 p.m. BACKGROUND In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting will be provided to the Directors for subsequent approval at the following meeting. RELEVANT STANDARDS ·Resolution No. OCSD 19-19 ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Minutes of the Steering Committee Meeting held July 22, 2020 Orange County Sanitation District Printed on 8/19/2020Page 1 of 1 powered by Legistar™ Orange County Sanitation District Minutes for the STEERING COMMITTEE Wednesday, July 22, 2020 5:00 PM Board Room Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 CALL TO ORDER A regular meeting of the Steering Committee of the Orange County Sanitation District was called to order by Board Chairman David Shawver on Wednesday, July 22, 2020 at 5:05 p.m. in the Administration Building of the Orange County Sanitation District. Chair Shawver stated that the meeting was being held telephonically and via audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). The Clerk of the Board announced the teleconference meeting guidelines and stated that votes will be taken by roll call. ROLL CALL AND DECLARATION OF QUORUM: A quorum was declared present, as follows: PRESENT:David Shawver, John Withers, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke ABSENT:None STAFF MEMBERS PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; Al Garcia, and Tyler Ramirez were present in the Board Room; Assistant General Manager Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia Chandler, Tom Grant, Laurie Klinger,Tina Knapp, Laura Maravilla, and Jeff Mohr participated telephonically. OTHERS PRESENT: Brad Hogin (General Counsel) was present in the Board Room. PUBLIC COMMENTS: None. REPORTS: Chair Shawver announced that the Operations, Administration, and Legislative and Public Affairs Committee meetings would be dark in August. The Steering Committee and Board of Directors meetings will be held telephonically on their regularly scheduled date and time. General Manager Jim Herberg provided information regarding his comprehensive COVID-19 weekly update during the pandemic. He stated that operations remain stable and steady, but, unfortunately, there have been additional staff cases of COVID-19, bringing the total to eight Page 1 of 4 STEERING COMMITTEE Minutes July 22, 2020 employees. Of the eight, five have returned to work after being cleared by their physician and OCSD. Mr. Herberg stated that safeguarding the health and well-being of our employees continues to be his highest priority. CONSENT CALENDAR: 1.APPROVAL OF MINUTES 2020-1090 Originator: Kelly Lore MOVED, SECONDED, AND DULY CARRIED TO: Approve Minutes of the Regular Meeting of June 24, 2020. AYES:David Shawver, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke NOES:None ABSENT:John Withers ABSTENTIONS:None 2.JOINT POWERS AGREEMENT, SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT AUTHORITY (SCCWRP) 2020-985 Originator: Jim Herberg MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of Directors to: A. Adopt Resolution No. OCSD 20-04 entitled, “A Resolution of the Board of Directors of the Orange County Sanitation District approving the Tenth Amended Joint Powers Agreement confirming the creation of the agency known as Southern California Coastal Water Research Project Authority (SCCWRP), providing for continuation of SCCWRP for five years from July 1, 2021 through June 30, 2026”; and B. Approve annual funding in the amount of $515,000 for FY 2021/22; $530,450 for FY 2022/23; $546,363 for FY 2023/24; $562,754 for FY 2024/25; and $579,637 for FY 2025/26. AYES:David Shawver, Robert Collacott, Peter Kim, Glenn Parker, Tim Shaw and Chad Wanke NOES:None ABSENT:John Withers ABSTENTIONS:None Board Vice-Chair Withers arrived at the meeting at 5:14 p.m. Page 2 of 4 STEERING COMMITTEE Minutes July 22, 2020 NON-CONSENT: 3.GENERAL MANAGER’S FISCAL YEAR 2020-21 DRAFT WORK PLAN 2020-1167 Originator: Jim Herberg Mr. Herberg provided an overview of his 2020-21 Draft Work Plan. MOVED, SECONDED, AND DULY CARRIED TO: Receive and file the General Manager’s Fiscal Year 2020-21 Draft Work Plan. INFORMATION ITEMS: None. DEPARTMENT HEAD REPORTS: None. CLOSED SESSION: CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(d)(1), 54956.9(d)(4) & 54957(b)(1): The Committee convened in closed session at 5:17 p.m. to discuss two items. Item No. CS-1 was not heard. Confidential minutes of the Closed Sessions have been prepared in accordance with the above Government Code Sections and are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board and Committee Closed Session Meetings. CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1) 2020-1166 ITEM NOT HEARD. Number of Cases: 1 Victor Garcia vs. OCSD, Workers Compensation Appeals Board Case No. WC648C32852 CS-2 CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4) 2020-1165 CONVENED IN CLOSED SESSION: Page 3 of 4 STEERING COMMITTEE Minutes July 22, 2020 Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley CS-3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2020-1164 CONVENED IN CLOSED SESSION: Public Employee Performance Evaluation Number of Employees: 1 ·General Manager RECONVENED IN REGULAR SESSION. The Committee reconvened in regular session at 6:00 p.m. CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED SESSION: General Counsel Brad Hogin did not provide a report. OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF ANY: None. BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING: None. ADJOURNMENT: Chair Shawver declared the meeting adjourned at 6:00 p.m. to the next Steering Committee meeting to be held on Wednesday, August 26, 2020 at 5:00 p.m. Submitted by: __________________ Kelly A. Lore, MMC Clerk of the Board Page 4 of 4 Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1187 Agenda Date:8/26/2020 Agenda Item No:2. FROM:James D. Herberg, General Manager Originator: James D. Herberg, General Manager SUBJECT: GENERAL MANAGER’S FISCAL YEAR 2020-21 WORK PLAN GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Receive and file the General Manager’s Fiscal Year 2020-21 Work Plan. BACKGROUND Each year,the General Manager prepares a work plan of activities supporting the Orange County Sanitation District’s strategic goals and initiatives to be accomplished during the fiscal year.The draft work plan was submitted to the Steering Committee for review and input in July 2020.The final work plan is being submitted to the Steering Committee and Board for approval. RELEVANT STANDARDS ·Sustain 1, 5, 20-year planning horizons ·24/7/365 treatment plant reliability ·Negotiate fair and equitable labor agreements ·Commitment to safety & reducing risk in all operations ·Meet volume and water quality needs for the GWRS ·Maintain a culture of improving efficiency to reduce the cost to provide the current service level or standard PRIOR COMMITTEE/BOARD ACTIONS July 2020 - The draft work plan was submitted to the Steering Committee for review and input. ADDITIONAL INFORMATION The General Manager’s work plan includes goals for the 2020-2021 fiscal year.The work plan has four areas of focus,which follows the structure of the 2020 Strategic Plan (link included as an attachment)adopted by the Board of Directors on November 20,2019 that include:Business Principles, Environmental Stewardship, Wastewater Management, and Workplace Environment. Orange County Sanitation District Printed on 8/19/2020Page 1 of 2 powered by Legistar™ File #:2020-1187 Agenda Date:8/26/2020 Agenda Item No:2. CEQA N/A FINANCIAL CONSIDERATIONS All items included in the General Manager’s work plan are budgeted in the 2020-2021 and 2021-2022 Budget and are in alignment with the policy set forth by the Board of Directors in the 2020 Strategic Plan. ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·General Manager’s Fiscal Year 2020-2021 Proposed Work Plan ·2020 Strategic Plan:<http://myocsd/gm/pio/Documents/StrategicPlan2019_Final.pdf> Orange County Sanitation District Printed on 8/19/2020Page 2 of 2 powered by Legistar™ ORANGE COUNTY SANITATION DISTRICT Memorandum August 26, 2020 TO: Chairman and Members of the Board of Directors FROM: James D. Herberg, General Manager SUBJECT: General Manager’s Fiscal Year 2020-2021 Proposed Work Plan I am pleased to present my proposed work plan for Fiscal Year 2020-2021. This plan has been developed based on the 2020 Strategic Plan adopted by the Board of Directors on November 20, 2019 and is organized under the four Strategic Planning categories: Business Principles, Environmental Stewardship, Wastewater Management, and Workplace Environment. The 17 work plan goals that I am proposing for next year support our efforts to ensure that our operations are safe; we continue to attract, develop, and retain a capable workforce; and, that we enhance our sustainability by maximizing water recycling and implement sound financial practices. This forward-looking work plan is designed to position our agency to continue providing our customers with a high level of service while seizing opportunities and meeting future challenges. 1. Business Principles  Budget Control and Fiscal Discipline – Provide the Administration Committee with an analysis of options, including an IRS Section 115 Trust for funding the Sanitation District’s pension obligations by October 31, 2020.  Asset Management – Update the Asset Management Plan by December 31, 2020 including an inventory of critical assets for each process area and the Page 2 collection system; an evaluation of their condition and performance; and, an updated implementation plan to maintain, rehabilitate, and replace these assets to meet the required levels of service at the lowest life cycle cost and at an acceptable level of risk.  Headquarters Project – Complete site preparation for the new Headquarters facility, Project P1-128C, by June 30, 2021.  Cybersecurity/Safety – Develop and conduct two emergency response and recovery drills for our interplant digester gas line and a cybersecurity breach by June 30, 2021.  Property Management – Inspect real property, easements, and rights-of- way for encroachments and encumbrances which limit access or impede proper use of the right by December 31, 2020. Develop action plans by June 30, 2021 that restore long-term use for identified encroachments or encumbrances. 2. Environmental Stewardship  Energy Independence – Overhaul two Central Generation Engines to begin the second 25-year operations cycle for the Central Generation Facilities by June 30, 2021.  Climate and Catastrophic Event Resilience – Execute a contingency biosolids disposal agreement with Orange County Waste and Recycling to formally establish a local emergency failsafe biosolids disposal option by March 31, 2021.  Food Waste Treatment – Complete market assessment for food waste feedstock co-digestion at OCSD. Solicit bids to construct the Interim Food Waste Facility at Plant No. 2, Project P2-124, by December 31, 2020. Page 3  Water Reuse – Study alternatives to reduce the use of City Water in its operations by October 31, 2020 and implement water saving measures by June 30, 2021.  Environmental Water Quality, Stormwater Management and Urban Runoff – Complete business process mapping for source control permit management, compliance data management, and Environmental Protection Agency compliant reporting to evaluate the current system and alternatives for enhancing the system. Complete final report and recommendations by March 31, 2021. 3. Wastewater Management  Chemical Sustainability – The Sanitation District will develop a plan to maintain at least two suppliers for Iron based coagulants at all times with a final report out to the Board of Directors by June 30, 2021.  Biosolids Management – Conduct an annual review of the regulatory aspects of the OCSD Biosolids Management Plan to adjust for evolving regulations for contaminants of emerging concern and update contingency options as needed. Provide an informational update to the Board of Directors by June 30, 2021.  Constituents of Emerging Concern – Continue OCSD's leadership role in developing analytical capability, advocating for sound science and regulations, and identification of significant sources in constituents of emerging concerns such as per- and polyfluoroalkyl (PFAS) and microplastics. Provide an informational briefing to the Board of Directors by June 30, 2021. Provide preliminary results from the California State Water Resources Control Board investigative order for PFAS by June 30, 2021. Page 4 4. Workplace Environment  COVID-19 Pandemic Response and Recovery – Continue to respond to the COVID-19 pandemic with operations remaining in full permit compliance while providing a safe workplace and complying with the Center for Disease Control and Prevention health official guidance, and applicable employment and labor laws. Develop a “reopening plan” and present it to the Board of Directors by September 30, 2020.  Safety and Physical Security – Complete implementation of an Industrial Hygiene Program and a Job Safety Analysis program to meet the Voluntary Protection Program requirements by June 30, 2021.  Classification and Compensation Study – Begin preparations for an agency wide Classification and Compensation Study by completing a Request for Proposal for a specialized vendor and accessing, discussing, and meeting and conferring regarding the 17 survey agencies by June 30, 2021.  Succession Planning – Conduct two specialized training classes for supervisors, managers, and executive management team members and provide organizational awareness coursework via OCSD University for all employees with a final report out in June 30, 2021. Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1192 Agenda Date:8/26/2020 Agenda Item No:3. FROM:James D. Herberg, General Manager Originator: James D. Herberg, General Manager SUBJECT: WATER UCI INDUSTRY UNIVERSITY RESEARCH CENTER ANALYSIS GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Authorize the General Manager to enter into an agreement with the University of California,Irvine (UCI)and the UCI Foundation with a contribution of $50,000 for the Sewershed-scale analysis of perfluorinated compounds in wastewater in partnership with the Orange County Water District,Irvine Ranch Water District,Santa Margarita Water District,and Moulton Niguel Water District;in a form approved by General Counsel. BACKGROUND Per-and polyfluoroalkyl substances (PFAS)are synthetic chemicals that have been widely used in consumer and industrial products since the 1940s due to their resistance to heat,water,and oil. These chemicals do not break down readily in the environment and can accumulate over time.As a result of their presence in everyday items,more than 95 percent the U.S.population has PFAS in their bodies, according to the Center for Disease Control and Prevention (CDC). This year,the California Division of Drinking water issued new notification and response levels of PFAS for drinking water.These levels are more stringent than the health advisory levels established by the U.S. Environmental Protection Agency in 2016. In July 2020,the Orange County Sanitation District (Sanitation District)received an order from the State Water Board to begin testing our influent,effluent,and biosolids for PFAS compounds on a quarterly basis.Utilities like the Sanitation District are receivers of PFAS compounds from incoming wastewater and the sources of these compounds in wastewater influent have not been documented. The objectives of the proposed project with the UCI Industry Research Center are to develop a methodology to identify the sources of PFAS in wastewater influent,and to implement the methodology to identify the primary sources of PFAS by analyzing samples of commercial,industrial, and domestic sewage.The data obtained will be used to quantify contributions of PFAS to the wastewater stream,identify specific products/processes leading to large PFAS releases,and investigate PFAS compounds from different sources. Orange County Sanitation District Printed on 8/19/2020Page 1 of 2 powered by Legistar™ File #:2020-1192 Agenda Date:8/26/2020 Agenda Item No:3. RELEVANT STANDARDS ·Maintain and adhere to appropriate internal planning documents - 2019 Strategic Plan ·Maintain collaborative and cooperative relationships with regulators,stakeholders,and neighboring communities PROBLEM The sources of PFAS compounds that could be entering the Sanitation District’s influent wastewater have not been identified, and a methodology for identifying these sources has not been developed. PROPOSED SOLUTION Enter into an agreement with the UCI with a contribution of $50,000 and participate in the cooperative research program to identify sources of PFAS in influent wastewater. TIMING CONCERNS The Water UCI Industry Research Center is planning to begin the project in Fall 2020. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would miss out on the opportunity to leverage our contribution with other water and wastewater agencies and UCI to research the sources of PFAS in wastewater. PRIOR COMMITTEE/BOARD ACTIONS November 2019 Strategic Plan -Wastewater Management,Constituents of Emerging Concern Policy. CEQA As the Lead Agency, CEQA applicability and efforts will be conducted by UCI. FINANCIAL CONSIDERATIONS This request complies with authority levels of the Sanitation District's Purchasing Ordinance.This item has been budgeted. (Line item: Section 5,Page 6). ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Water UCI - Full Proposal ·Water UCI - OCSD Draft Agreement Orange County Sanitation District Printed on 8/19/2020Page 2 of 2 powered by Legistar™ Title of Proposed Project: Sewershed-scale analysis of perfluorinated compounds in wastewater from domestic, commercial, and industrial sewerage system users Budget: $140,000 Duration: August 1, 2020 – July 31, 2021 Principal Investigator Adeyemi Adeleye, PhD Assistant Professor Department of Civil and Environmental Engineering University of California, Irvine, CA 92697 Email: adeyemi.adeleye@uci.edu Phone: (949) 824-5819 Co-Principal Investigator Russell Detwiler, PhD Associate Professor Department of Civil and Environmental Engineering University of California, Irvine, CA 92697 Email: detwiler@uci.edu Phone: (949) 824-7152 1 Project Summary Per- and polyfluoroalkyl substances (PFAS) are synthetic chemicals that have been widely used in consumer and industrial products since the 1940s due to their hydro/oleo-phobicity. PFAS are persistent in the environment, bioaccumulate in living tissues, and could be toxic at very low concentrations. Humans are exposed to PFAS via a variety of pathways, including consumption of foods and drinks from PFAS-embedded containers. Some of the ingested PFAS is eliminated though urine and feces, which introduces PFAS into the municipal wastewater stream. PFAS may also be released into raw wastewater from textile during laundry, and during use of PFAS-containing personal care products. Although a few studies have quantified the PFAS content of a few consumer products, the actual contribution of households to the load of PFAS in raw wastewater is currently unknown. In addition to residences, commercial (such as dry cleaning and laundromats) and industrial users of the sewerage system may also contribute PFAS to the influent of a wastewater treatment plant (WWTP). The amount of PFAS and the major products or processes leading to high release of PFAS from commercial and industrial operations into raw wastewater are not currently known. PFAS are not effectively removed during conventional wastewater treatment. Thus, the presence of PFAS in raw wastewater and treated effluent is a threat to water security as it challenges water reuse practices. Upstream and downstream strategies to decrease PFAS concentrations in the wastewater stream require an understanding of the PFAS flux originating from different users of the sewerage system. The objectives of this proposed project are to (1) develop a methodology to identify the sources of PFAS in the sewershed of a WWTP in Orange County, that can be replicated elsewhere for PFAS or other contaminants; and (2) work with a WWTP selected by the Industry Advisory Board (IAB) to implement the methodology, with the goal of identifying the primary sources of PFAS to the Plant’s sewerage system. Additional studies will be conducted to identify specific products leading to large PFAS release from residences. Samples will be collected from residences (including greywater and blackwater), commercial operations, and industries within the sewershed of the selected WWTP. Different types of residences and commercial operations will be sampled in order to have representative samples for the sewershed. Samples will also be collected from the conveyances (sewer lines) upstream of the WWTP headworks, WWTP influent, treatment units, and effluent. A total of 600 samples will be analyzed for commonly detected PFAS (including the perfluoroalkyl acids detected in drinking water wells in California), following EPA Methods 8327 and 3512. The data obtained will be used to quantify contributions of PFAS from sewerage users to the wastewater stream, identify specific products/processes leading to large PFAS releases, and investigate patterns in PFAS composition from different sources (residential, commercial, and industrial). Intellectual Merit and Benefit: To our knowledge, this will be the first study to quantify the flux and composition of PFAS from the originators of raw wastewater in a sewershed. The focus on units (e.g. households) instead of specific products provides a more wholistic view of PFAS release. The data from this project will inform efforts to control the levels of PFAS in wastewater influent and effluent, which is of direct benefit to wastewater and water utilities. Overall, the knowledge provided by the proposed study can be used to decrease the environmental release of PFAS, using engineering controls, substitution of PFAS-containing products, and behavioral changes by community members/sewerage users. Findings from this study will be disseminated via reports to the IAB, a peer-reviewed publication, and conference presentations. 1 Project Description 1. Background 1.1 Introduction and objectives Per- and polyfluoroalkyl substances (PFAS) are synthetic fluorinated organic compounds that are widely produced and used in industrial, commercial, and consumer products due to their ability to repel oil, grease, and water [1-8]. Popular uses of PFAS include fire-fighting foams, and oil and water repellent surface coatings for food packaging, textiles, furnishings, and cookware [1, 2, 4, 9]. Although about 5000 PFAS compounds have been produced globally [1, 6], perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) were the most extensively produced PFAS in the United States until the last decade [6]. PFAS are generally made up of a hydrophobic backbone (with 4 to 14 carbon atoms) and a hydrophilic functional headgroup (commonly, carboxylates, sulfonates, phosphates, and sulfonamides) [10]. Fluorine atoms are bonded to most, if not all, the carbon in the backbone of PFAS. Carbon-fluorine (C-F) bonds are the strongest bonds in organic chemistry [11]; and the high content of these bonds in PFAS makes the compounds difficult to break down. In addition, some PFAS have the potential to affect human health adversely at low concentrations [12-14]. Concerns about the persistence, bioaccumulation, and health effects of PFOA and PFOS led to phasing out their production in the United States. However, the compounds are still produced internationally and can be imported into the United States in consumer goods. In several products, PFOS and PFOA have been replaced by shorter-chain perfluoroalkyl sulfonates (PFSAs, CnF2n+1SO3H, n ≤ 6) and perfluoroalkyl carboxylic acids (PFCAs, CnF2n+1COOH, n ≤ 7), respectively [6, 15, 16] . Hence, the market share and environmental detection of the replacement short-chain PFAS (such as perfluorobutanoic acid [PFBA], perfluorobutane sulfonate [PFBS] etc.), and PFAS with different chemical functional groups (such as ammonium 2,3,3,3,-tetrafluoro-2-(heptafluoropropoxy)-propanic acid [GenX]) is increasing [13, 16-21]. Human exposure to PFAS and their precursors occurs through work-related activities [22- 24], the use of PFAS-containing consumer products and consumption of PFAS contaminated foods and drinks [2, 9, 23, 25-29]. The Centers for Disease Control and Prevention (CDC) reported nearly universal detection of long-chain PFAS (such as PFOA and PFOS) in the serum of US general population [13, 30]. In humans and other living organisms, PFAS are eliminated though urine and feces [13, 15, 31-34], which introduces the persistent chemicals into the municipal wastewater stream. PFAS may also be released into the sewerage system from textile during laundry [2, 35], and use of other consumer products that contain PFAS [4, 36, 37]. Although a few studies have quantified the amount of a few PFAS in selected products [2, 4, 28, 36], the actual contribution of households to the load of PFAS in raw wastewater is currently unknown. A previous study investigating the relative contribution of greywater and blackwater streams to N- nitrosamines and their precursors in municipal wastewater found that laundry water was the most significant source of N-nitrosamines [38]. A similar approach can reveal the relative contributions of greywater and blackwater from households to the PFAS loading of municipal wastewater. In addition to residences, commercial operations (such as professional car wash, dry cleaning companies, and laundromats) and industry (such as chrome plating) that discharge into the sewerage system may also contribute large amount of PFAS to raw wastewater [8, 24, 39, 40]. It has been shown that car paints, automobile waxes, and several car wash products contain PFAS at concentrations greater than 1000 μg/kg [4]. These car wash products are on the market and are used by individuals and professional car washes. PFAS levels exceeding 9000 μg/kg were detected 2 in the groundwater at a car wash operation in North Hampton, New Hampshire in 2016 [41]. Similarly, laundromats are potentially a major contributor of PFAS to the sewerage system due to the content of PFAS in textiles [2], and fabric sprays [4]. The Michigan PFAS Action Response Team (MPART) recently detected PFAS in groundwater samples collected around a former laundromat/commercial dry-cleaner (Wash King Laundry, Baldwin, Michigan) [42]. Fume suppressants used in chromium electroplating operations often contain PFOS. PFOS concentration range of 31.4-39,000 ppt (parts per trillion) was detected in the effluent of eleven chrome plating facilities (in Illinois and Ohio) discharged to wastewater treatment plants (WWTPs) [43]; and a much higher concentration of PFOS was earlier reported in the effluent of a chrome-plating operation in Brainerd, Minnesota [43]. In a 2003 survey conducted by California Air Resources Board, more than 85% of chromium electroplating facilities in California used a fume suppressant. Although the use of PFOS-containing fume suppressants in California was halted in 2016, other PFAS compounds (that are alternatives to PFOS) may be present as active ingredients. Chrome plating facilities in California are considered an important source of PFAS to WWTPs, but there is no data on the actual contribution of these facilities. In addition to the potential occurrence of PFAS in the discharges from these facilities to WWTPs, PFAS may also be present in groundwater around the facilities, as well as soil, and thus, runoff during storm events. PFAS are hardly removed during conventional wastewater treatment [19, 44-47]; hence, their presence in raw wastewater and treated effluent poses a concern to the wastewater and water utilities, challenging established practices such as water reuse and environmental discharges [18, 48-50]. The objectives of this proposed project are to (1) develop a methodology to identify the sources of PFAS in the sewershed of a WWTP in Orange County, that can be replicated elsewhere for PFAS or other chemicals of emerging concern (CECs); and (2) work with a WWTP selected by the Industry Advisory Board (IAB) to implement the methodology, with the goal of identifying the primary sources of PFAS to the Plant’s sewerage system. Contribution of industrial, commercial, and residential users of the selected Plant’s sewerage will be evaluated. 1.2 Rationale and Significance Upstream and downstream strategies to decrease PFAS flux into WWTPs require an understanding of the contributions of the users of sewerage systems. Examples of upstream strategies include behavioral changes by residents, voluntary/mandatory phasing out of PFAS-containing products by commercial and industrial users, etc. [25, 51]. Thus, it is important to quantify the PFAS fluxes into the municipal wastewater stream from industrial, commercial, and residential users, including sub-contributions from residential greywater and blackwater. It is also important to understand PFAS transformation within the sewer system since products leading to PFAS loading may contain unregulated precursors, which may transform to regulated PFAS compounds during transport in the sewer system and/or treatment in WWTPs [52, 53]. This proposed study will develop and implement a methodology for sewershed analysis to identify important raw wastewater sources of PFAS, which can be replicated elsewhere for PFAS or other contaminants. The data from this project will inform efforts to control the levels of PFAS in wastewater influent and effluent, which is of direct benefit to WWTPs and water utilities. Overall, the knowledge gained from the proposed study can be used to decrease the environmental release of PFAS, using engineering controls and/or behavioral changes by community members. 2. Scope of Work To achieve the objectives stated earlier in this proposal, four main tasks, divided into eleven sub-tasks, will be performed. 3 2.1 Task 1: Framework development 2.1.1 Methodology design: The first objective of this project is to develop a framework to identify the major contributors of PFAS to the raw wastewater stream of WWTPs. The approach developed will be generally applicable to other CECs in terms of defining sampling targets, dividing sampling among contaminant sources, and between upstream (sources) and downstream (conveyance) locations, etc. Feedback will be sought from the IAB during the methodology development to ensure that the framework completely captures the vision of the IAB. Our team is considering two approaches (Approach 1 and Approach 2) for the framework that will allow us to get the most relevant data, pursuant to budgetary constraint. Approach 1 will emphasize upstream sampling of PFAS sources. With this approach, the largest sampling proportion will go to the residential, commercial, and industrial sources in the sewershed of the selected WWTP. Downstream locations within the sewerage system, where there is a blend of two or three of those sources will also be highly analyzed. Examples of highly emphasized sampling locations in Approach 1 are indicated with “X” in Figure 1. There will be little emphasis on lateral pipelines that take the sewage away from homes or businesses into sewer mains. The main advantage of this approach is that there will be relatively larger amount and spread of data from the different PFAS sources. Approach 2 will “more evenly” spread sampling among upstream PFAS sources and the entire conveyance system (including lateral pipelines, sewer mains, and trunklines). In this case, fewer samples will be collected from the sources (i.e. residential, commercial, and industrial sewerage users) compared to Approach 1. Approach 2 allows for a better understanding of potential PFAS removal (e.g. via adsorption to sewer lines) and transformation during transport. 2.1.2 Framework finalization meeting with IAB: The research team will communicate regularly with the IAB as needed during the framework development. Once finalized, a meeting will be set up with IAB to adopt the framework and discuss the WWTP selected by the IAB for the study. 2.2 Task 2: Determination of PFAS contribution of sewerage users Samples will be collected from residences, commercial operations, and industries within the sewershed of the selected WWTP. Samples will also be collected from the conveyances upstream of the WWTP headworks, regardless of the approach selected for the framework. Additional samples will be collected from the WWTP influent, and effluent. Some sampling may also be performed within the Plant. Runoff samples will be collected from selected commercial operations (e.g. laundromats) during winter storm events. Based on the budget for this proposed study, a total of 600 samples will be analyzed for commonly detected PFAS (including all the perfluoroalkyl acids [PFAAs] detected in drinking water wells in California), following EPA Methods 8327 and 3512 [54]. It should be noted that this total number does not include total oxidizable precursor (TOP) analysis. TOP analysis can be performed on selected samples following standard methods [55-58]; but this will decrease the total number of samples to be collected and analyzed for PFAAs. Figure 1. A typical sanitary sewer system, showing locations that will be emphasized by Approach 1. X X X X 4 Our team intends to plan analysis apportionment (PFAA and/or TOP) based on feedback from and the interest of the IAB during the framework development. 2.2.1 Planning meeting with selected WWTP and IAB: The goal of this meeting is to gain factual knowledge of the WWTP’s customers and to deliberate on (a) sewerage users’ selection for study, (b) outreach to sewerage users for participation in study, (c) selection of sewer lines to sample, (d) logistics of sewer lines sampling, and (e) the logistics for in-WWTP and effluent sampling. 2.2.2 Recruitment of participants: In collaboration with the WWTP, we will reach out to selected residential, commercial, and industrial users of the WWTP to recruit volunteers for sampling. 2.2.3 Sample collection for PFAS analysis: Sample collection will start with the sewer lines, WWTP influent, and other parts of the WWTP. This will allow us to start the project while we recruit volunteers for in-home/-facility sampling. In addition, sampling the conveyance system first may be useful for verifying the soundness of in-home/-facility sampling distribution/plan in the framework before the commencement of implementation. In order words, data from sampling the conveyance system may inform a need to modify upstream sampling among different users of the sewerage system. It will be worthwhile to include additional CECs in this study due to the effort and coordination, but sample collection and preparation for PFAS are very dissimilar to other CECs’. For instance, while samples for PFAS analysis must be collected in plastic containers, samples for microplastics (an important CEC) must be collected in glassware. More impportantly, preparation of wastewater samples for microplastics is completely different from that of PFAS. Thus, different supplies, instruments, and personnel (time) will be needed for additional CECs, which will exceed the IAB’s budget for this project. 2.2.4 Sample preparation and analysis: Our aim is to prepare and analyze all samples within 10 days. Sample preparation and analysis will be performed at UC Irvine. 2.3 Task 3: Identification of specific large sources of PFAS 2.3.1 Initial identification of major PFAS contributors: Major sources of PFAS will be identified based on the analytical data obtained from Task 2.2.4 for the different samples. The data will also be compared to the relative proportion of the specific source (e.g. total volume of residential wastewater from laundry). 2.3.2 Confirmation of major PFAS sources: Depending on the findings from the initial identification task, additional sampling or laboratory experiments may be used to confirm the PFAS content of products identified as containing high levels of PFAS. 2.4 Task 4: Reports and presentations 2.4.1 Reports and presentation: Quarterly status reports will be provided to the IAB. At the end of the project, a year-end final report and presentation will also be provided. 2.4.2 Results to participants: All the residential, commercial, and industrial sewerage users who participate will be provided a result of their specific samples via mail at the end of the study. 2.4.3 Publication. The publication of a minimum of one peer-reviewed article is envisaged from the project. For the article, we will seek to collaborate with interested IAB members and WWTP scientists. Regardless of this potential collaboration, the IAB and/or WWTP will be allowed to review the manuscript prior to submission. 3. Research Plan and Schedule Bearing in mind the current situation in California with the COVID-19 pandemic, this project is proposed to start in August 2020. Our belief is that some form of normalcy would have returned to the state by August. In addition, the first part of the study (i.e. the framework development) can be completed while maintaining physical distancing, and without field studies 5 or sampling. The research plans are discussed in the following sections and a summary of the schedule is provided in Table 2. 3.1 Task 1: Framework development 3.1.1 Methodology design: The amount of PFAS present in raw wastewater is determined by (1) the concentration of PFAS present in the discharge of each user/source; and (2) the volume discharged into the wastewater stream by user/source. These two factors should inform sampling proportionating among the sewerage users. However, information is lacking on the concentration of PFAS typically released by any of the sewerage users. Thus, the framework, whether based on Approach 1 or 2 (discussed earlier), will primarily weigh distribution of sampling among sewerage users based on the fraction of total raw wastewater volume contributed. The methodology will consider how to collect samples. One composite sample, spread across the hours of operation, will be planned for each commercial and industrial sewerage user, unless a user’s operation requires multiple sampling. For each resident, the framework will recommend collection of samples from shower, kitchen sink, bathroom washbasin, laundry, urine and feces similar to the approach used by Zeng and Mitch in a study mapping sources of N-nitrosamine in residences [38]. Based on the findings of a previous study that reported a correlation between the gross domestic product (GDP) of cities and the average concentration of PFCAs released by the residents into the municipal wastewater stream [19], the framework will consider residences in areas representing different socioeconomic statuses within the sewershed. The framework will also include plans for repeated sampling in selected residences, ands follow-up studies to identify specific products leading to abundant PFAS release into the sewerage system. Commercial and industrial establishments are different in each sewerage. The framework will provide guidance on those to target for effluent analysis, particularly those that have been identified are emitters of PFAS. These include those whose operations involve metal plating, textiles, leather, paper-making or paper products, painting, dry cleaning, car washes, etc. 3.1.2 Framework finalization meeting with IAB Representatives: This meeting will be setup to adopt the framework and finalize agreement on the WWTP selected for the study implementation. 3.2 Task 2: Determination of PFAS contribution of sewerage users 3.2.1 Planning meeting with selected WWTP: The goal of this meeting is for the research team to gain an understanding of the (1) selected WWTP’s distribution of residential, commercial, and industrial users; and (2) operations of the commercial and industrial users in the sewerage system, which will inform those to target for sampling. Discussions will also border on logistics of WWTP’s conveyance system sampling, and reaching out to sewerage users to participate in the study. Our team intends to perform limited sampling of WWTP’s influent, effluent, and major treatment units, with the Plant’s permission, which will also be discussed at this meeting. 3.2.2 Recruitment of participants: Letters inviting identified users of the sewerage to participate in the study will be sent in collaboration with the selected WWTP. The letters will give a brief overview of PFAS and the benefits of this study to the community. A brief information will be provided on the detection of PFAS in consumer/industrial products and the need to quantify the compounds in municipal waste streams. To encourage participation, the letters will offer participants the result of their own samples at the end of the study. The invitation letter will include a signup sheet, which those interested will mail back to our team at UC Irvine. Interested participants may signup online via a website that will be created for the study and communicated in the invitation letter. During signup, participants will be asked to indicate the best way to be reached (such as email, telephone, or snail mail). 6 All interested participants that sign up will be contacted within two weeks using their stated preferred communication channel. The goal of the follow up is to provide addition information about the study, answer FAQs, go over the details of sample(s) needed, and schedule sample collection. Participants will also be informed that there may be need for follow-up sampling. Depending on the number of samples expected and the number of participants obtained from the invitation letters, other avenues (such as flyers distribution within the sewershed, social media, and local media outlets) may also be used to encourage increased participation. 3.2.3 Sample collection for PFAS analysis: Our aim is to collect composite samples from the WWTP’s conveyance system and treatment units to the extent possible. While 24-h composite samples may be obtainable from the WWTP’s influent and treatment units, the composite samples from the sewer lines and users will likely be collected over a shorter period or will be one-time grab samples. Sewage samples have been analyzed in several studies, but method standardization is still lacking [18, 44-47, 59, 60]. For instance, samples were collected using different containers (including high-density polyethylene [HDPE], polypropylene [PP], and glass), and sample size (0.25–2 L). HDPE and PP containers were recommended by EPA Method 8327 [54]; but data from studies conducted in the laboratory of the principal investigator (PI) showed that HDPE containers adsorb much less PFAS than PP (Figure 2). For this project, 2 L HDPE containers will be used to collect ~1 L samples. Containers will be pre-rinsed with reagent (ultrapure) water, methanol, and the sample before filling. Samples will be collected directly into the HDPE containers using standard operating procedures [54]. For residences, shower, kitchen sink, and bathroom washbasin samples will be obtained by stoppering the respective drains during typical uses. Wash water from laundry will be collected within the last minute of typically used wash cycle and rinse cycle. Urine samples will be collected using sterilized SAFE-D-Spense containers (Fisher Scientific), and fecal samples will be collected using sterilized Commode specimen collection systems (Fisher Scientific). Urine and feces sample collection and handling protocols will be reviewed and approved by the UC Irvine Institutional Review Board. Samples from commercial and industrial users will be collected immediately prior to entry into the public sewerage system, similar to a previous study performed at chrome-plating operations [43]. Additional quality control samples will be collected at a few residences and commercial/industrial facilities. These additional samples will include tap or rinse water (background sample) and field blank. The field blank will be obtained by pouring reagent water into a sample container while at the sampling location. Samples will be placed into iced coolers to keep the temperature at ≤ 6 °C from the time of collection until sample analysis [54]. Information on product used during wastewater generation will be obtained from sample providers (e.g. soap brand, laundry detergent, fabric material, fume suppressant, etc.) Figure 2. Results of PFAS adsorption to containers study performed in the PI’s lab. PP = polypropylene, G = glass; HDPE = high-density polyethylene; and PS = polystyrene. 0% 50% 100% PP G HDPE PS PF A S a d s o r b e d Container material PFBS PFOS PFBA PFOA 7 3.2.4 Sample preparation and analysis: All samples will be analyzed within 10 days after collection. Liquid samples will be prepared using a method adapted from EPA Methods 8327, 3512 (PFAS recovery from wastewater = 88.4–115.2% for low spike or 91.8–122.0% for high spike), and the literature [44-46]. In brief, samples will be filtered, and then spiked with mass-labeled internal standards. Both sample container and filter will be rinsed with methanol to desorb any adsorbed PFAS. Solid phase extraction (SPE) will be used to concentrate the target analytes. SPE cartridges will be preconditioned with 4 mL of 0.1% NH4OH in methanol, 4 mL methanol, 4 mL HPLC-grade water, and dried under vacuum. Analytes will be eluted from cartridges, concentrated to dryness with nitrogen in a heated water bath, and then reconstituted a mixture of methanol and water. Extract will be analyzed via liquid chromatography–tandem mass spectrometry (LC-MS/MS). Fecal samples will be lyophilized and homogenized prior to extraction by a modified ion-pair method [15]. Briefly, internal standards will be added to a known mass of lyophilized feces, followed by the addition of 0.5 M TBAHS and 0.25 M carbonate buffer and vortexing to mix. Three sequences of liquid-liquid extraction will then be performed using MTBE. The MTBE extract will be evaporated with nitrogen and reconstituted with methanol and water. The extract will be analyzed via LC-MS/MS. Prior to sample analysis, we will determine the extraction efficiency for analyte from each sample matrix using mass-labeled surrogate analytes. Table 1. Analytes that will be determines in all samples Compound Abbreviation Structural formula Perfluorobutanesulfonic acid PFBS C4F9SO3- Perfluoropentanesulfonic acid PFPeS C5F11SO3- Perfluorohexanesulfonic acid PFHxS C6F13SO3- Perfluoroheptanesulfonic acid PFHpS C7F15SO3- Perfluorooctanesulfonic acid PFOS C8F17SO3- Perfluorobutanoic acid PFBA C4F7O2- Perfluoropentanoic acid PFPeA C5F9O2- Perfluorohexanoic acid PFHxA C6F11O2- Perfluoroheptanoic acid PFHpA C7F13O2- Perfluorooctanoic acid PFOA C8F15O2- Perfluorononanoic acid PFNA C9F17O2- Perfluorodecanoic acid PFDA C10F19O2- Perfluoroundecanoic acid PFUnA C11F21O2- Perfluorododecanoic acid PFDoA C12F23O2- 4,8-Dioxa-3H-perfluorononanoic acid ADONA C7H2F12O4- 11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid 11Cl-PF3OUdS C10F20ClSO4- 9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid 9Cl-PF3ONS C8F16ClSO4- At minimum, the analytes will include the compounds listed in Table 1, which were selected based on the PFAS reported present in California Public Water Systems by the Division of Drinking Water, and commonly detected PFAS in consumer products [2]. Total oxidizable precursor (TOP) assay, if allowed by the budget, will be performed according to standard methods [56, 61, 62]. Analysis will be performed on samples, field blanks, reagent water (with each extraction batch), and quality control samples. The data obtained will be analyzed in a variety of ways to make the most of them. For instance, ranking of sewerage users based on their 8 contributions of the most common PFAS (PFOS and PFOA), and different PFAS classes (e.g. PFCAs and PFSAs). Greywater and blackwater sources from residences will be ranked based on common and total PFAS contribution, and the relative contributions from different products. Statistical approaches will also be used to investigate patterns in PFAS composition from different users (residential, commercial, and industrial). 3.3 Task 3: Identification of specific large sources of PFAS 3.3.1 Initial identification of major PFAS contributors: Based on the results from the raw wastewater input and background samples, the relatively large sources of PFAS in raw wastewater will be identified. A list of the specific product(s) that potentially released abundant PFAS will be generated from the additional product information collected from participants during sampling. 3.3.2 Confirmation of major PFAS sources: If necessary, additional laboratory studies will be performed to confirm the PFAS contents of the specific products identified in Task 3.3.1. The extent of these studies is determined by budgetary constraint. Table 2. Project schedule and milestones 3.4 Task 4: Reports and presentations 3.4.1 Reports and presentation: The PIs and key performer will prepare and submit status report to the IAB on a quarterly basis. A year-end final report and presentation, containing objectives, results, and recommendations will be provided. The IAB will be given an opportunity to review a draft of each report and provide comments. 3.4.2 Results to participants: All the study participants will be provided a result for the samples they provided at the end of the study. The provision of these results is to encourage participation, and to inform sewerage system users of their own contribution. 3.4.3 Publication. We expect to collaborate with members of the IAB and the selected WWTP’s scientists to prepare and submit a peer-reviewed publication from the outcome of this study. The IAB and WWTP will review the manuscript prior to submission. 4. Project Management Professor Adeyemi Adeleye will serve as the PI for this project. Professor Adeleye has expertise in environmental analytical chemistry. He will be responsible for the overall scientific leadership and project management. He will supervise and mentor the key personnel and research assistant that will work on this on this project. He will also represent the team in meetings with the 1 2 3 4 5 6 7 8 9 10 11 12 1. Framework development Method design Develop a framework that meets IAB's goals Framework meeting with IAB Agree with IAB on framework for study 2. PFAS contribution study Selection of WWTP Agree with IAB on a WWTP for study Participant recruitment Recruit 120% of needed participants Sample collection Complete sample collection Sample preparation and analysis Quantify PFAS in all samples 3. Large PFAS sources study Initial investigation Identify major PFAS sources Confirmation of major sources Confirm PFAS amount in products 4. Reporting Quarterly report to IAB Quarterly reported submitted to IAB Participants' results Result mailed to participants Manuscript preparation Commence manuscript preparation Task Milestones Month 9 IAB and selected WWTP; and prepare quarterly reports/deliver presentations to the IAB. He will work closely with the WWTP to recruit participants for the study. Professor Russell Detwiler will serve as the co-PI. Professor Detwiler has expertise in modeling fate and transport of environmental contaminants. He will provide scientific leadership and assist the PI in project planning and execution. Dr. Jenny Zenobio will be a key personnel on this project. Dr. Zenobio is an environmental analytical chemist, and she will work with the PIs to develop the framework for this proposed study. She will optimize the analytical methods, collect field samples, and perform analyte extraction and LC-MS/MS analyses. She will also assist with sample recordkeeping and report/ presentation preparation. A research assistant will support the project by contacting volunteers and setting up sampling schedules with interested participants. The research assistant will also support Dr. Zenobio with sample collection and analysis. 5. Results from PIs’ Previous Research A preliminary study on the extraction of PFAS from raw wastewater that we started in mid-March (after the invitation to submit a full proposal) had to end after one week as our laboratory was closed due to the COVID-19 pandemic. However, there are other PFAS-related studies performed in the PI’s laboratory that are highlighted in this section. 5.1 Adsorption of PFAS to sample containers: As mentioned earlier, the analysis of PFAS still lacks adequate standardization, particularly for matrices other than drinking water. A survey of the literature performed in the PI’s lab showed that researchers commonly use HDPE, glass, and polypropylene containers for collecting wastewater samples for PFAS analysis (Figure 3). In this study that was performed in the PI’s lab and summarized earlier (Figure 2), we showed that Figure 3. Result of a literature survey to determine the common types of containers used for collecting samples for PFAS analysis. DW = drinking water; GW = groundwater; SW = surface water; WW = wastewater; MW = marine water; LI = landfill leachate 0% 50% 100% PS PVC PE PP PTFE PF A S a d s o r b e d Microplastic type PFBA GENX PFOA PFBS PFOS FOSA Figure 4. Adsorption of PFAS (200 ng/L) to different types of microplastics over 10 days. PS = polystyrene; PVC = polyvinyl chloride; PE = low-density polyethylene; PP = polypropylene; PTFE = polytetrafluoroethylene. 10 PFSAs adsorb to three widely used containers at levels that could affect the results. PFOS (a long-chain PFSA) adsorbed much more to all containers than PFBS (a short-chain PFSA); and more PFAS adsorbed to polypropylene than HDPE. Although polypropylene is the most used container type for wastewater samples in the literature (Figure 3), we have selected HDPE containers for this proposed study based on the results of the study discussed here (Figure 2). Also, the containers will be rinsed with solvents to desorb any adsorbed PFAS from wastewater samples. The publication from this research is in preparation. 5.2 Interactions between PFAS to microplastics: PFAS are typically one of the several classes of contaminants that are present in the natural environment or raw wastewater. The goal of this study was to determine the potential for microplastics to concentrate different types of PFAS on their surfaces under a variety of environmental conditions. The interactions of six PFAS (initial concentration = 200 ng/L) that are commonly detected in aquatic systems (PFOS, PFOA, PFBS, PFBA, GenX, and perfluorooctane sulfonaminde [FOSA]) with five microplastics (polypropylene, PP; low-density polyethylene, PE; polystyrene, PS; polyvinyl chloride, PVC; and polytetrafluoroethylene, PTFE) was studied via 10-day batch studies. The effects of environmental factors such as pH, ionic strength, and temperature were also investigated. Higher sorption to microplastics was observed for PFSAs (PFOS and PFBS) compared to PFCAs (PFOA and PFBA), as shown in Figure 4. The amount adsorbed increased with increasing chain-length for both PFSAs and PFCAs. FOSA was the most adsorbed PFAS to all the MPs (maximum adsorption capacity = 83.6 μg/g). The order of adsorption capacity of PP, PE, PS, and PVC was FOSA > PFOS > PFBS ≈ GenX ≈ PFOA > PFBA. For PTFE, the order was FOSA > PFOS > PFOA > PFBS ≈ GenX ≈ PFBA. Pseudo-second order kinetics model best described the adsorption (R2 > 0.98) of FOSA and PFOS (which showed the highest adsorption), with a maximum adsorption rate constant (k2) of 0.78 g/μg min. The study showed that microplastics can transport PFSAs and their precursor (FOSA) due to high adsorption capacity and low tendency for desorption. The manuscript resulting from this research is in preparation. 5.3 Removal of PFAS from soil by plants: This is a relatively new project whose progress was affected by the COVID-19 pandemic shutdown. The goal of this study is to investigate the role of PFAS functional group and chain length on their uptake by plants. This study thus requires PFAS extraction from matrices, including soil and different plant tissues. The extraction method developed in the PI’s laboratory (based on existing methods in the literature) achieved ≥ 80% recovery for both low and high concentrations of PFAS (e.g. soil data shown in Figure 5). This demonstrates the experience of the PI’s team with extracting PFAS from different matrices, ranging from relatively simple ones (such as drinking water) to extremely complex matrices (such as natural soil). 0% 20% 40% 60% 80% 100% MeOH MeOH-Ac PF A S R e c o v e r e d PFOA - LPFOA - HGenX LGenX H Figure 5. Extraction efficiency of PFOA and GenX from soil using methanol (MeOH) or acidified methanol (MeOH-Ac). L = low concentration (50 μg/kg) and H is high concentration (500 μg/kg). 1 References 1. OECD, Toward a New Comprehensive Global Database of Per-and Polyfluoroalkyl Substances (PFASs): Summary Report on Updating the OECD 2007 List of Per-and Polyfluoroalkyl Substances (PFASs). 2018, OECD Environment Directorate, Environment, Health and Safety Division, Paris. 2. Tokranov, A.K., et al., How Do We Measure Poly- and Perfluoroalkyl Substances (PFASs) at the Surface of Consumer Products? Environmental Science & Technology Letters, 2019. 6(1): p. 38-43. 3. 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Environmental Science & Technology, 2012. 46(17): p. 9342-9349. 1 Biographical Sketch Adeyemi S. Adeleye Assistant Professor and Henry Samueli Career Development Chair Department of Civil and Environmental Engineering University of California Irvine, Irvine, CA 92697 (949) 824-5819 adeyemi.adeleye@uci.edu (a) Professional Preparation Obafemi Awolowo University Ile-Ife, Nigeria Microbiology B.S., 2006 University of California Santa Barbara Santa Barbara, USA Environmental Science M.S., 2011 University of California Santa Barbara Santa Barbara, USA Environmental Science PhD, 2015 University of California Santa Barbara Santa Barbara, USA Environmental/Analytical Chemistry Postdoctoral Scholar, 2015 US Environmental Protection Agency Rhode Island, USA Environmental/Analytical Chemistry NRC Research Associate, 2016 (b) Appointments Assistant Professor 2018-Date Department of Civil and Environmental Engineering University of California Irvine, Irvine, CA National Research Council Postdoctoral Research Associate 2016-2018 National Health and Environmental Effects Research Laboratory US Environmental Protection Agency, Narragansett, RI Postdoctoral Scholar 2015-2016 Bren School of Environmental Science University of California Santa Barbara, Santa Barbara, CA (c) Selected Publication 1. Closely related publications Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Han, Z.; Adeleye, A. S. (2020). Adsorption of per- and polyfluoroalkyl substances (PFAS) to sampling containers. In preparation. Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Adeleye, A. S. (2020). Interactions between microplastics and per- and polyfluoroalkyl substances (PFAS) in aqueous system at environmentally relevant concentrations. In preparation. Adeleye, A. S.; Ho, K. T.; Zhang, M.; Li, Y.; Burgess, R. M. (2019). Fate and transformation of graphene oxide in estuarine and marine waters. Environmental Science & Technology, 53 (10):5858–5867. https://doi.org/10.1021/acs.est.8b06485 2 Huang, Y.; Adeleye, A. S.; Zhao, L.; Minakova, A. S.; Anumol, T.; Keller, A. A. (2019). Antioxidant response of cucumber (Cucumis sativus) exposed to nano copper pesticide: Quantitative determination via LC-MS/MS. Food Chemistry, 270:47–52. https://doi.org/10.1016/j.foodchem.2018.07.069 Zhao, L.; Huang, Y.; Zhou, H.; Hu, Q.; Adeleye, A. S.; Wang, H.; Ortiz, C.; Mazer, S. J.; Keller, A. A. (2016). GC-TOF-MS based metabolomics and ICP-MS based metallomics of cucumber (Cucumis sativus) fruits reveal alteration of metabolites profile and biological pathway disruption induced by nano copper. Environmental Science: Nano, 3:1114 – 1123. https://doi.org/10.1039/C6EN00093B 2. Other significant publications Zhao, L.; Hu, Q.; H, Y.; Fulton, A. N.; Hannah-Bick, C.; Adeleye. A. S.; Keller, A. A. (2017). Activation of antioxidant and detoxification gene expression in cucumber plants exposed to a Cu(OH)2 nanopesticide. Environmental Science: Nano, 4: 1750–1750. https://doi.org/10.1039/C7EN00358G Zhao, L.; Huang, Y.; Hu, J.; Hongjun, Z.; Adeleye, A. S.; Keller, A. A. (2016). 1H NMR and GC-MS based metabolomics reveal defense and detoxification mechanism of cucumber plant under nano-Cu stress. Environmental Science & Technology, 50 (4):2000–2010. https://doi.org/10.1021/acs.est.5b05011 Su, Y.; Ashworth, V.; Kim, C.; Adeleye, A. S.; Rolshausen, P.; Roper, C.; White, J.; Jassby, D. (2019). Delivery, uptake, fate, and transport of engineered nanoparticles in plants: a critical review and data analysis. Environmental Science: Nano, 6 :2311–2331. https://doi.org/10.1039/C9EN00461K Du, T.; Adeleye, A. S.; Zhang, T.; Jiang, C.; Zhang, M.; Wang, H.; Li, Y.; Keller, A. A.; Chen, W. (2018). Influence of light wavelength on the photoactivity, physicochemical transformation, and fate of graphene oxide in aqueous media. Environmental Science: Nano, 52 (5):2590–2603. https://doi.org/10.1039/C8EN00593A Wang, X.; Adeleye, A. S.; Wang, H.; Zhang, M.; Liu, M.; Wang, Y.; Li, Y.; Keller, A. A. (2018). Interactions between polybrominated diphenyl ethers (PBDEs) and TiO2 nanoparticle in artificial and natural waters. Water Research, 146:98–108. https://doi.org/10.1016/j.watres.2018.09.019 (d) Synergistic Activities Professional Service: Early Career Advisory Board Member for Journal of Hazardous Materials (2020- 2022). U.S. co-chair for the U.S.-EU Nanotechnology Community of Research (COR) on Ecotoxicity (2018-Date). Conference organizing Co-chair for the Emerging Contaminants in Wastewater symposium at 258th American Chemical Society (ACS) National Meetings, August 2019, San Diego, CA Peer Review: 2019 Excellence in Review Award by Environmental Science & Technology; 2018 Publons' Global Peer Review Awards (Top 1% in Environment/Ecology research area). Serves as reviewer for Environmental Science & Technology; Water Research; Journal of Hazardous Materials; Science of the Total Environment; Trends in Environmental Analytical Chemistry, etc. Professional Affiliations: American Chemical Society (ACS); Association of Environmental Engineering and Science Professors (AEESP); Society of Environmental Toxicology and Chemistry (SETAC); Sustainable Nanotechnology Organization (SNO) Russell L. Detwiler, Associate Professor Department of Civil and Environmental Engineering University of California, Irvine Irvine, CA 92697-2175 Professional Preparation: University of Vermont Civil Engineering B.S. 1988 University of Colorado, Boulder Civil Engineering Ph.D. 2000 Appointments: 2014-present Associate Professor, Civil and Environmental Engineering, University of California, Irvine. 2008-2014 Assistant Professor, Civil and Environmental Engineering, University of California, Irvine. 2007-2008 Deputy Group Leader, Experimental Geophysics Group, Lawrence Livermore National Laboratory. 2001-2007 Staff Scientist, Atmospheric, Earth and Energy Department, Lawrence Livermore National Laboratory. 2000-2001 Research Associate, Civil, Environmental, and Architectural Engineering, University of Colorado, Boulder. Selected Publications: Shin, M., V.M. Vieira, P.B. Ryan, R.L. Detwiler, B. Sanders, K. Steenland, S.M. Bartell (2011), Environmental Fate and Transport Modeling for Perfluorooctanoic Acid Emitted from the Washington Works Facility in West Virginia, Environmental Science & Technology, 45(4), 1435-1442, doi: 10.1021/es102769t. Manheim, D. C., R. L. Detwiler, S. Jiang (2019), Application of unstructured kinetic models to predict microcystin biodegradation: Towards a practical approach for drinking water treatment, Water Research, doi: 10.1016/j.watres.2018.11.014. Jones, T. A., and R. L. Detwiler (2019), Mineral precipitation in fractures: Using the level-set method to quantify the role of mineral heterogeneity on transport properties, Water Resources Research, doi:10.1029/2018wr024287. Jones, T. A., and R. L. Detwiler (2016), Fracture sealing by mineral precipitation: The role of small-scale mineral heterogeneity, Geophysical Research Letters, 43, 7564–7571, doi:10.1002/2016GL069598. Elkhoury, J. E., Detwiler, R. L., Ameli, P. (2015). Will a caprock fracture self heal?. Earth and Planetary Science Letters, 417, 99-106. Ameli, P., J. Elkhoury, J. Morris, and R. Detwiler (2014), Fracture permeability alteration due to chemical and mechanical processes: A coupled high-resolution model, Rock Mechanics and Rock Engineering, pp. 1–11. Elkhoury, J. E., Ameli, P., Detwiler, R. L. (2013). Dissolution and deformation in fractured carbonates caused by flow of CO2-rich brine under reservoir conditions. International Journal of Greenhouse Gas Control, 16(S1), S203-S215. Detwiler, R.L. (2010), Permeability alteration due to mineral dissolution in partially saturated fractures, Journal of Geophysical Research – Solid Earth, 115, doi:10.1029/2009JB007206. Detwiler, R.L. (2008), Experimental observations of coupled geochemical alteration and mechanical deformation in rough-walled fractures, Journal of Geophysical Research, 113, B08202, doi:10.1029/2008JB005697. Detwiler, R.L. and H. Rajaram (2007), Predicting dissolution patterns in variable aperture fractures: Development and evaluation of an enhanced depth-averaged computational model, Water Resources Research, 43, W04403, doi:10.1029/2006WR005147. Synergistic Activities: CDC/ATSDR Multi-Site Study of the Health Implications of Exposure to PFAS-Contaminated Drinking Water, Co-PI, 2019-present Water Resources Research, Associate Editor, 2014-present. American Geophysical Union, Hydrology Section Unsaturated Zone Technical Committee, Chair, 2009-2012. American Rock Mechanics Association, 49th Annual Geomechanics Symposium, Organizing Committee member, 2014-2015. American Geophysical Union, Fall Meeting, Session Organizer, 2006-2012. Collaborators and Co-Authors: P. Ameli, Vertex, Inc.; S.J. Breen, University of California, Berkeley; C.R. Carrigan, Lawrence Livermore National Laboratory; J.E. Elkhoury, Schlumberger Doll Research Laboratory; T. Illangasekare, Colorado School of Mines; F. Fagerlund, Uppsala University; T.W. Gallien, University of California, Los Angeles; D.J. LaBrecque, Multi-Phase Technologies; N. Linde, University of Lausanne K.-K. Lee, Seoul National University; A. Niemi, Uppsala University; J.P. Morris, Lawrence Livermore National Laboratory; J.A. Ortega, Schlumberger; R. Prioul, Schlumberger Doll Research Laboratory; H. Rajaram, University of Colorado, Boulder; J. Vrugt, University of California, Irvine; W. Xu, Schlumberger Doll Research Laboratory; Z. Yang, Massachusetts Institute of Technology; I.W. Yeo, Chonnam National University; A. Zafarani, Arcadis; PhD Advisors: R.J. Glass and H.Rajaram 1 Biographical Sketch JENNY E. ZENOBIO, Ph.D. Chancellor Post-Doctoral Research Fellow The Henry Samueli School of Engineering University of California, Irvine Phone: (765) 269-6748 jzenobio@uci.edu https://sites.uci.edu/jzenobio/ A. PROFESSIONAL PREPARATION College/University Location Major Degree &Year National University of Engineering Lima, Lima, Peru Sanitary Engineering B. Sc., 2007 Purdue University WL, IN, USA Aquatic Ecotoxicology M.Sc., 2014 Purdue University WL, IN, USA Environmental Chemistry Ph.D., 2019 University of California, Irvine Irvine, CA, USA Environmental Chemistry 2019 - Current B. ACADEMIC/PROFESSIONAL APPOINTMENTS 2019 – Present Chancellor Post-Doctoral Research Fellow, Irvine, CA Advisor: Prof. Adeyemi Adeleye Sorption mechanisms of Per-and Polyfluoroalkyl Substances (PFAS) to microplastics. Transport, bioaccumulation, biotransformation and toxic effects of PFAS. 2015 – 2019 Harvard University - Environmental Science Lab, Cambridge, MA Advisor: Prof. Chad Vecitis Remediation of Per-and Polyfluoroalkyl Substances (PFAS) using carbon nanotubes for electrochemical filtration. 2014 – 2019 Purdue University – Environmental Chemistry Lab, West Lafayette, IN Advisor: Prof. Linda S. Lee. Remediation of Per-and Polyfluoroalkyl Substances (PFAS) using synthesized nanoparticles supported in base carbon materials. 2011 – 2014 Purdue University – Aquatic Toxicology Lab, West Lafayette, IN Advisor: Prof. Maria S. Sepulveda. Effects of endocrine regulated genes on fathead minnows linked to pharmaceutical exposure. Impacts on gene expression of land-applied wastes from concentrated animal feeding operations (CAFOs) on fish communities. 2010 – 2011 Purdue University – Environmental Chemistry Lab, West Lafayette, IN Advisor: Prof. Linda S. Lee. Evaluation of hormone discharges within inline tile drain or stream collection and monitoring systems associated with agricultural fields receiving animal wastes. 2005 – 2006 University’s wastewater-treatment plant (UNITRAR), UNI, Peru Advisor: Prof. Rosa E. Yaya Beas Wetlands for the treatment of domestic wastewater. 2005 Research Center of the Environmental Department, UNI, Peru Advisor: Prof. Otto B. Rosasco Gerkes Characterization and quantification of microorganisms present in the secondary and tertiary wastewater lagoons of UNITRAR based on the retention time of the lagoons. 2 C. PRODUCTS Journal Publications Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Han, Z.; Adeleye, A. S. (2020). Adsorption of per- and polyfluoroalkyl substances (PFAS) to sampling containers. In preparation. Zenobio, J. E.; Cabrera, N.; Heerd, N. M.; Adeleye, A. S. (2020). Interactions between microplastics and per- and polyfluoroalkyl substances (PFAS) in aqueous system at environmentally relevant concentrations. In preparation. Zenobio, J. E., Vecitis, C. D., Lee, L. S. Carbon-chain length, functional group, and common groundwater constituents on PFAAs reduction by nNiFe0-AC (Submitted). Zenobio, J. E., Modiri-Gharehveran, M.; de Perre, C.; Vecitis, C. D., Lee, L. S. Reductive transformation of perfluorooctanesulfonate by nNiFe0-activated carbon. Journal of Hazardous Materials (In press). https://doi.org/10.1016/j.jhazmat.2020.122782 Tokranov, A. K., Nishizawa N., Amadei, C. A., Zenobio, J. E., Pickard, H. M., Allen, J. G., Vecitis, C. D., and Sunderland, E. M. How do we measure poly- and perfluoroalkyl substances (PFASs) at the surface of consumer products? Environmental Science & Technology Letters, 6, (1), 38-42, 2019. Park, S., Zenobio, J. E., Lee, L. S. Perfluorooctane sulfonate (PFOS) Loss with Pd0/nFe0 Nanoparticles: Adsorption or Aqueous Fe-complexation, Not Transformation. Journal of Hazardous Materials, 342, 20-28, 2017. Zenobio, J. E., Sanchez, B. C., Leet, J. K., Archuleta, L. C., and Sepulveda, M. S. Presence and effects of pharmaceutical and personal care products on the Baca National Wildlife Refuge, Colorado. Chemosphere, 120, 750-755, 2015. Zenobio, J. E., Sanchez, B. C., Archuleta, L. C., and Sepulveda, M. S. Effects of triclocarban, N,N- diethyl-meta-toluamide, and a mixture of pharmaceuticals and personal care products on fathead minnows (Pimephales promelas). Environmental Toxicology and Chemistry, 33, 910-919, 2014. Patent Zenobio, J.E., Lee, L. S. 2019. Purdue University. Activated Supported Ni0Fe0 Nanoparticles for Transformation of Perfluoroalkyl-Containing Compounds. U.S. Patent 2019/0060691A1. UNIVERSITY OF CALIFORNIA, IRVINE Year 1 Henry Samueli School of Engineering Principal Investigator:Dr. Adeyemi S. Adeleye (Civil and Environmental Engineering) Sponsor:UCI Industry-University Research Center Solicitation:Water UCI Title:Sewershed-scale analysis of perfluorinated compounds in wastewaterfrom domestic, commercial, and industrial sewerage system users Project Period:08/01/2020 - 7/31/2021 SALARIES: Name and Appt. Type Monthly Appt. Type Salary Salary Payroll Title Salary Months Effort Cal Acad Sum Requested TOTAL PI: Dr. Adeyemi S. Adeleye Academic 13,288.89 9 0.00%0.00 - Summer 13,288.89 3 25.00%0.75 9,967 9,967$ Co-I/Co-PI: Dr. Russell Detwiler Academic - 9 0.00%0.00 - Summer - 3 0.00%0.00 - -$ Res: Graduate Student Researcher V Academic 4,902.80 9 0.00%0.00 - (Spring Quarter Only)Summer 4,902.80 3 0.00%0.00 - -$ Non-Res: Graduate Student Researcher V Academic 4,902.80 9 0.00%0.00 - (Spring Quarter Only)Summer 4,902.80 3 0.00%0.00 - -$ Undergraduate Student Researcher Fiscal 2,088.00 9 50.00%4.50 9,396 9,396$ Post-Doc: Dr. Jenny Zenobio Calendar 4,633.20 12 100.00%12.0 55,598 55,598$ Total Salaries:74,961$ BENEFITS:Quarters Academic (Summer)9.8%977$ Student Employees (Academic-Summer-Fiscal)2.3%216$ Post-Doctoral 23.8%13,232$ Supplemental Tuition Fees (Non-Resident)5,386 x 0 =- -$ Student Tuition Fees (Resident)6,263 x 0 =- -$ Total Benefits:14,425$ Total Salaries and Benefits:89,386$ Equipment - x 1 =- Total Equipment:-$ Materials and Consumable Lab Supplies Cost (ea.)Qty. or Mos. Lab Supplies 31,510 x 1 =31,510 Facility User Fees 15,504 x 1 =15,504 - x 0 =- - x 0 =- Total Supplies & Materials:47,014$ TRAVEL:Cost (ea.) Domestic Travel 3,600 x 1 =3,600 Domestic Travel - x 0 =- Total Travel:3,600$ INDIRECT COSTS:Direct Costs:140,000$ Modified Total Direct Cost: 140,000$ Indirect Costs:-$ F&A (Indirect Costs) Rate:0.0% Total Amount Requested:140,000$ Person Months Budget 1 Budget Justification Principal Investigator (PI): Adeyemi Adeleye, Ph.D. Project Dates: 08/01/2020 – 07/31/2021 PERSONNEL: Principal Investigator: Dr. Adeyemi Adeleye: $9,967 The PI will be responsible for overall scientific leadership and project management. In addition, the Principal Investigator will directly supervise and mentor the participating postdoctoral scholar and undergraduate student researcher supported by this project. The PI will also represent the team in meetings with the IAB and selected WWTP; and prepare quarterly reports/deliver presentations to the IAB. He will work closely with the WWTP to recruit participants for the study. Salary support requested for 25% effort, equivalent to 0.75 summer person months per year. Postdoctoral Scholar (Key personnel): Dr. Jenny Zenobio: $55,598 Dr. Jenny Zenobio will be the key personnel on this project. Dr. Zenobio is an environmental analytical chemist, and she will work with the PIs to develop the framework for this proposed study. She will optimize the analytical method, collect field samples, and perform analyte extraction and LC-MS/MS analyses. She will also assist with sample recordkeeping and report/presentation preparation. Salary support requested for 100% effort, equivalent to 12 calendar person months per year. Undergraduate Student Researcher (Research Assistant): $9,396 Under the mentorship of the PI, Undergraduate Student Researcher will support the project by contacting volunteers and setting up sampling schedules with interested participants. The assistant will also support Dr. Zenobio with sample collection, analyte extraction, and analysis. Salary support requested for 50% effort, equivalent to 4.50 academic person months per year. Salary for personnel are based on current University of California staff salary scales. FRINGE BENEFITS: $14,425 Fringe benefit rates were determined by University published composite benefit rates. Campus Employee Group beginning rates: Benefit Rate: Faculty academic benefit rates 9.8% Postdoc benefit rates 23.8% Student employee benefit rates 2.3% MATERIALS & SUPPLIES: $31,510 Materials and supplies include HDPE sample containers, external calibration standards (Wellington Laboratories), mass-labeled internal standards (MPFAC-MXA, Wellington Laboratories), SPE cartridges (Oasis WAX 6 cc, 150 mg, 30 µm), high-purity nitrogen gas, other consumables (such as filters, HPLC vials, and personal protective equipment [gloves, caps, masks]) and chemicals/solvents (such as methanol, acetic acid, ammonium hydroxide, etc.). 2 TRAVEL: $3,600 Funds are requested for the personnel to travel from UC Irvine campus to sample collection sites and for transportation of samples back to campus using rented vehicles from the UC Irvine fleet services. SHARED FACILITY USE CHARGES: $13,405 Funds are requested to use the Waters Quattro Premier XE MS/MS for PFAS and/or TOP analysis. These costs are necessary for instrument maintenance and consumables for the projected 600 samples. TOTAL DIRECT COSTS: $140,000 INDIRECT COSTS: $ -0- TOTAL DIRECT and INDIRECT COSTS: $140,000 1 Facilities, Equipment and Other Resources 1. Major Facilities and Equipment in Adeleye Laboratory Dr. Adeleye’s laboratory and research offices at UC Irvine are equipped with state-of-the-art infrastructure and capabilities to support the proposed research activities. Dr. Adeleye’s wet laboratory is 800 sq. ft. with lines for vacuum, and reactive and inert gases. The wet lab contains a chemical fume hood for working with volatile organic compounds and corrosives. The lab also has microbalances, an Organomation Associates 12 Position N-EVAP nitrogen evaporator, a Restek Resprep 24-port SPE manifold, ultrasonicating baths, shakers, vortexes, vacuum filtration units, refrigerators, pipettes, hotplates, stirrers, benchtop centrifuges, a vacuum oven, pH meter, water quality probes/kits (for dissolved oxygen, conductivity, TDS, nutrients, etc.). There are also shared laboratory support rooms, which include instrument rooms (which contain a lyophilizer, - 20 °C and -80 °C freezers, ultracentrifuges, an ion chromatography, a HPLC, a spectrophotometer, a fluorometer, and a Millipore water purification system [18.2 MΩ.cm]), walk-in environmental rooms (4 °C and 20 °C), and an autoclave room. All laboratories meet environmental health and safety regulations and provide safe environment for performing research. The research offices are equipped with computer stations and up-to-date computing software and communication systems. 2. Mass Spectrometry Facility (recharge rate applies) The Adeleye lab is a registered user of the Mass Spectrometry Facility at UC Irvine, which has a wide variety of mass spectrometry platforms. UPLC-MS/MS: A Waters ACQUITY UPLC coupled with a Waters Quattro Premier XE triple-quadrupole mass spectrometer (QqQ), which is available in the Mass Spectrometry Facility is used by our lab for analyzing PFAS in Multiple reaction monitoring (MRM) mode. Our method achieves PFAS separation with a Phenomenex reversed phase C18 column. The QqQ is equipped with electrospray ionization. Other Resources: UC Irvine’s Henry Samueli School of Engineering and the Department of Civil and Environmental Engineering provide administrative support, including an analyst for grant management. UC Irvine fleet services provide field vehicle rentals for field research at a reasonable rate. UCI facility management staff electricians and mechanics provide routine maintenance for autoclaves, dishwashers, walk-in environmental rooms, electrical systems, and other laboratory equipment and building facilities. Both computer support and administrative support are nearby to assist with the project as needed. The University of California has one of the nation’s largest library collections including on-line journals and books. UC Irvine supports high speed internet communication with video and teleconference capability. The University of California network system is maintained by professional staff with routine updates. 4824-1108-8046.1 DC/LG DRAFT – FOR REVIEW PURPOSES ONLY Contribution Agreement I. Introduction The purpose of this Agreement is to summarize the mutual understanding of Orange County Sanitation District (Donor), the University of California, Irvine Foundation (Foundation), and The Regents of the University of California for the benefit of the Irvine Campus (UCI), collectively referred to as “Parties” regarding an irrevocable contribution (Contribution) in support of research at Water UCI, an interdisciplinary center in the School of Social Ecology (School). This Agreement will be made a part of the Foundation’s and UCI’s records and is intended as a guide to those who will administer the fund in the future. II. University of California, Irvine Foundation The Foundation represents that it is qualified as a charitable organization described in Section 501(c)(3) and as a public charity under 170(b)(1)(A) of the Internal Revenue Code. (Federal ID 95- 2540117). III. Description of the Contribution The Donor hereby irrevocably pledges a total Contribution of $50,000 to the Foundation. The pledge will be fulfilled by a payment on or before August 31, 2020. Upon review of the outcome of research activities made possible through this Contribution, the Donor may choose to fund an additional year or years through an amendment to this Contribution Agreement. The Donor acknowledges that the research to be funded through this Contribution is expected to be complete within one year and the Donor is not placing any other restrictions on the Foundation’s timing or schedule of the expenditures related to the Contribution. IV. Purpose and Administration of the Contribution The purpose of the Contribution is to provide financial support for sewershed-scale research on perfluorinated compound sources and loading at wastewater plants as described in the scope of work attached as Exhibit “A.” This research will be conducted by Water UCI through the Industry University Cooperative Research Center (IUCRC), under the direction of David Feldman, Ph.D. and overseen by an Industrial Advisory Board currently composed of Irvine Ranch Water District, Santa Margarita Water District, Orange County Water District and Moulton Niguel Water District. The Contribution funds will be pooled with contributions from the other Industrial Advisory Board members and distributed to researchers identified and chosen through a competitive proposal process that is responsive to Exhibit “A” and overseen by a committee comprised of Water UCI and the Industrial Advisory Board. The Industrial Advisory Board will approve the scope and design of the research to ensure that it is consistent with the powers and purposes of the Industrial Advisory Board member agencies, each of which is a rate-payer funded public agency that seeks to improve its understanding of water quality issues in collaboration with Water UCI. The results of all funded research projects are to be made Orange County Sanitation District Contribution Agreement Page 2 of 3 4824-1108-8046.1 DC/LG publicly available and eligible for publication in peer-reviewed journals. IUCRC member agencies will be granted the opportunity to review research results prior to public release to ensure required anonymization of data. The Donor understands that the Contribution will be administered in accordance with the University of California and UCI’s administrative guidelines and procedures. V. Future Considerations The Foundation and UCI are grateful for the Donor's support of the campus and are committed to fulfilling the Donor’s objectives reflected in this Agreement. As research and academic programs move forward, there is the possibility that it may become impracticable for this Contribution to serve the specific purpose of the stated intentions. If this unlikely circumstance should occur, Water UCI will consult with the Donor and the UCI Chancellor will direct that the Contribution be devoted to Water UCI research that the Chancellor deems to be most consistent with the Donor's wishes. VI. Recognition UCI may publish the name of the Donor in various publications, press releases, and publicity vehicles. For recognition purposes related to this Agreement, the Donor will be identified as “Orange County Sanitation District.” In recognition of this Contribution, the Donor shall be recognized as a member of Water UCI’s Industry-University Research Partners program. VII. Binding Obligation The Donor intends this Contribution Agreement to be fully enforceable to the extent that the obligation has not been satisfied by contributions completed following the date of this Agreement. VIII. Miscellaneous a) Situs: This Agreement is executed in and will be governed by the laws of the state of California. b) Entire Agreement: This Agreement constitutes the entire understanding of the Parties concerning the terms of this Contribution. c) Amendment: This Agreement may be amended at any time by written agreement signed by each party. d) Date: The effective date of this Agreement will be the date this Agreement is fully executed. Orange County Sanitation District Contribution Agreement Page 3 of 3 4824-1108-8046.1 DC/LG For the Donor: DRAFT James Herberg Date General Manager, Orange County Sanitation District For UCI and the Foundation: DRAFT Brian T. Hervey, CGPP, CFRE Date Vice Chancellor, University Advancement and Alumni Relations President, UCI Foundation In Acknowledgement for the School: DRAFT Nancy Guerra, Ed.D. Date Dean Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1181 Agenda Date:8/26/2020 Agenda Item No:4. FROM:David Shawver, Board Chairman SUBJECT: GENERAL MANAGER’S COMPENSATION AND BENEFITS BOARD CHAIR’S RECOMMENDATION RECOMMENDATION: Recommend to the Board of Directors to: Approve a performance-based merit increase of 2.5%for the General Manager based on Fiscal Year 2019/2020 job performance, as authorized in Resolution No. OCSD 19-12. BACKGROUND The General Manager of the Orange County Sanitation District (Sanitation District)is employed on an At-Will basis and serves at the pleasure of the Board of Directors. According to Section 6 of the General Manager’s At-Will Employment Agreement,the “District’s Steering Committee shall meet with the General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year.The Steering Committee shall make its recommendation(s)to the Board concerning adjustment to the compensation and/or benefits paid or provided to the General Manager, to be effective in July of the year of the review.”. The General Manager is in the second year of a three year employment contract.In September 2019,the Sanitation District’s Board adopted Resolution No.OCSD 19-12 entitled,“A Resolution of the Board of Directors of the Orange County Sanitation District approving salary increases and salary range adjustments for the General Manager for Fiscal Year 2019/2020,Fiscal Year 2020/2021,and Fiscal Year 2021/2022”.The resolution authorizes the Board Chairperson to implement a 3%salary range adjustment and corresponding salary increase for each year of the contract years annually and allows for up to a 2.5%merit increase annually based on job performance as determined by the Board of Directors. The Steering Committee reviewed the General Manager’s job performance for Fiscal Year 2019/2020 in closed session in June 2020 and recommends that the Board approve the maximum amount of 2.5% for the General Manager’s merit increase. RELEVANT STANDARDS ·Offer competitive compensation and benefits ·Maintain positive employer-employee relations Orange County Sanitation District Printed on 8/19/2020Page 1 of 3 powered by Legistar™ File #:2020-1181 Agenda Date:8/26/2020 Agenda Item No:4. ·Cultivate a highly qualified, well-trained, and diverse workforce ·Comply with OCSD Policy (Policy 6.1 Appraisal of Performance) and the General Manager’s At-Will Employment Agreement PROBLEM The General Manager’s current salary market position is at the 67th percentile,below the Sanitation District’s targeted 75th percentile for its overall market position.Also,salary market position for the General Manager could deteriorate if his salary were to remain static while comparison agencies provide increases.This potentially could put the Sanitation District at risk for retention of critical executive staff. Additionally,compaction and internal alignment issues could arise if the General Manager’s salary were to remain unchanged as other positions’salaries increase.Fiscal Year 2020/2021 salary increases for the Sanitation District’s Executive Management and Managers took effect in July 2020 as approved by the Board in September 2019. PROPOSED SOLUTION Approve a performance-based merit increase of 2.5%for the General Manager based on Fiscal Year 2019/2020 job performance, as authorized in Resolution No. OCSD 19-12. TIMING CONCERNS In accordance with the General Manager’s At-Will Employment Agreement,the Steering Committee shall meet with the General Manager every August to review and evaluate his performance over the prior year.The Steering Committee then reports out on the General Manager’s performance evaluation and recommends for the Board’s consideration any adjustment to compensation.The Board makes the final determination on the compensation payable to the General Manager,which becomes effective retroactively to the first pay period in July. RAMIFICATIONS OF NOT TAKING ACTION ·Potential retention issue of highly skilled and experienced executive staff. ·Salary compaction issues between General Manager and Executives (direct reports). PRIOR COMMITTEE/BOARD ACTIONS July 2020 -Steering Committee and Board of Directors reviewed the General Manager’s performance evaluation in closed session. June 2020 -Steering Committee reviewed the General Manager’s performance evaluation in closed session. August 2019 -Board of Directors adopted Resolution No.OCSD 19-12,specifying annual salary range adjustments,corresponding salary increases,and maximum merit increase for the General Manager for Fiscal Years 2019/2020, 2020/2021, and 2021/2022. Orange County Sanitation District Printed on 8/19/2020Page 2 of 3 powered by Legistar™ File #:2020-1181 Agenda Date:8/26/2020 Agenda Item No:4. ADDITIONAL INFORMATION The agency’s accomplishments during the past year include the following: ·Continuing to operate at a high level of organizational performance during the COVID-19 pandemic ·Achieving successful negotiation and implementation of nine (9)agreements with various other public agencies ·Maintaining the Sanitation District’s AAA credit ratings ·Achieving the service level goal with no sewer spills this year ·Maintaining 100%compliance with its ocean discharge permit over a continuous seven-year period (a first for the Sanitation District) ·Having no sewer spills in the past year ·Achieving completion of six (6) safety improvement construction projects ·Meeting milestones to support the final expansion of the Groundwater Replenishment System (GWRS) ·Partnering with other organizations to address potential impacts of emerging contaminants ·Completing the development of an Asset Management Plan ·Preparing a new two-year strategic plan ·Developing a physical security plan ·Submitting development plans for the new Headquarters for city review CEQA N/A FINANCIAL CONSIDERATIONS This item has been budgeted. ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Resolution No. OCSD 19-12 ·General Manager Salary Schedules (FY 2019/2020 to FY 2021/2022) ·At-Will Employment Agreement, James D. Herberg (Effective 7/1/19) Orange County Sanitation District Printed on 8/19/2020Page 3 of 3 powered by Legistar™ RESOLUTION NO. OCSD 19-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT APPROVING SALARY INCREASES AND SALARY RANGE ADJUSTMENTS FOR THE GENERAL MANAGER FOR FISCAL YEAR 2019/2020, FISCAL YEAR 2020/2021, AND FISCAL YEAR 2021/2022. WHEREAS, the General Manager provides organizational leadership, strategic direction, and District oversight for Orange County Sanitation District (OCSD); and WHEREAS, the General Manager serves in an at-will employment capacity, which may be terminated at any time by the Board with or without cause; and WHEREAS, it is OCSD's philosophy to compensate employee classifications competitively, which currently can be achieved through alignment with the salary market; and WHEREAS, the July 1, 2018, At-Will Agreement with the General Manager provides that, "District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review"; and WHEREAS, the Steering Committee commenced its review of the General Manager's performance in June 2019, finalized its review and made its recommendation to the Board on September 25, 2019. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER: 1. That the At-Will Agreement with the General Manager (Attached hereto as Exhibit 1) setting forth the terms and conditions of his employment, including a salary increase in the first pay period of July 2019, consisting of a 3.0% salary range adjustment and corresponding salary increase and 2.5% merit increase as determined by the Board of Directors, not to exceed 5.5% total, is hereby approved to be effective retroactively to the first pay period of July 2019; 2. A salary increase in the first pay period of July 2020, consisting of a 3.0% OCSD 19-12-1 salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; 3. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; AND 4. That the Board Chair, or his designee, is authorized to implement the changes to salary range and salary items approved herein. PASSED AND ADOPTED at a regular meeting of the Board of Directors held September 25, 2019. ATIEST: OCSD 19-12-2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OCSD 19-12 was passed and adopted at a regular meeting of said Board on the 25th day of September 2019, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: Avery; Beamish (Alternate); Bernstein; Berry (Alternate); Chaffee; Collacott; Ferryman; Kim; Kring; Massa-Lavitt; R. Murphy; Nguyen; O'Neill (Alternate); Shawver; Shea; Silva; F. Smith; Wanke; and Withers Iglesias Harper (Alternate) B. Jones (Alternate); M. Murphy; Parker and Peterson IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 25th day of September 2019. re e Board of Directors Orange County Sanitation District OCSD 19-12-3 Pay Grade EM37 Annual $ Monthly $ Hourly $ Pay Grade EM37 Annual $ Monthly $ Hourly $ Pay Grade EM37 Annual $ Monthly $ Hourly $ Pay Grade EM37 Annual $ Monthly $ Hourly $ General Manager Salary Schedule Orange County Sanitation District Classification and Compensation Plan GENERAL MANAGER, FY 2018-19 Step 1 Step2 Step 3 255,778 $ 268,861 $ 282,610 21,315 $ 22,405 $ 23,551 122.97 $ 129.26 $ 135.87 Step4 $ 297,066 $ 24,755 $ 142.82 Proposed Salary Range Adjustment GENERAL MANAGER, Proposed FY 2019-20 Step 1 Step2 Step3 Step4 263,453 $ 276,931 $ 291,096 $ 305,968 21,954 $ 23,078 $ 24,258 $ 25,497 126.66 $ 133.14 $ 139.95 $ 147.10 Proposed Salary Range Adjustment GENERAL MANAGER, Proposed FY 2020-21 Step 1 Step2 Step3 Step4 271,357 $ 285,230 $ 299,832 $ 315,141 22,613 $ 23,769 $ 24,986 $ 26,262 130.46 $ 137.13 $ 144.15 $ 151.51 Proposed Salary Range Adjustment GENERAL MANAGER, Proposed FY 2021-22 Step 1 Step 2 Step3 Step4 279,490 $ 293,779 $ 308,818 $ 324,605 23,291 $ 24,482 $ 25,735 $ 27,050 134.37 $ 141.24 $ 148.47 $ 156.06 Current Step 5 $ 312,250 $ 26,021 $ 150.12 3.0% Step5 $ 321,610 $ 26,801 $ 154.62 3.0% Step5 $ 331,261 $ 27,605 $ 159.26 3.0% Step 5 $ 341,203 $ 28,434 $ 164.04 AT-WILL EMPLOYMENT AGREEMENT James D. Herberg General Manager ORANGE COUNTY SANITATION DISTRICT THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be effective the 1st day of July, 2019, by and between: AND ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District"; JAMES D. HERBERG, sometimes hereinafter referred to as "General Manager"; collectively referred to herein as ("the Parties") RECITALS WHEREAS, District desires to continue to employ James D. Herberg ("Mr. Herberg"), as General Manager of District, pursuant to the terms and conditions as set forth in this Agreement; and WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully qualified to fill the position of General Manager and desires to continue to serve the District as its General Manager, pursuant to the terms and conditions of this Agreement; and WHEREAS, per Resolution No. 19-XX adopted on September 25, 2019, the District's Board of Directors has approved and authorized the Board Chair to execute this "At-Will Employment Agreement" to include a base building salary increase of 5.5% of his current salary. WHEREAS, at the beginning of negotiations of a new Employment Agreement, the parties agreed that any salary changes agreed to would take effect retroactively to the first pay period of July 2019, which is the first pay period in the current fiscal year. NOW, THEREFORE, the Parties hereto agree as follows: Sectjon 1: District hereby continues to employ Mr. Herberg to serve as General Manager of the Orange County Sanitation District, commencing on the effective date hereof, and continuing until termination by either Party, as provided in this Agreement. In that capacity, Mr. Herberg agrees to perform the functions and duties of General Manager, the administrative head of the District, as prescribed by the laws of the State of California, and by the rules, regulations, decisions, and directions of the Board of Directors of District (hereinafter referred to as "Board"). The General Manager's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty-hour work week and may also include time outside normal office hours (including attendance at Board and Committee meetings). General Manager is classified as an exempt employee under the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation for hours worked in excess of forty in a work week. Sectjon 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time for any reason with or without cause, and without hearing, upon 30 days' notice to the other party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a Regular employee of the District. Except as expressly provided herein, and as a condition of employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims any and all rights he may have, express or implied, to any notice and/or hearing before or after termination, and/or to any continued employment with the District after termination. As an "at-will" employee, Mr. Herberg understands that he may be subject to termination with or without cause at the sole discretion of the Board, notwithstanding that the other provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as "Manual") apply to Mr. Herberg. If the District terminates employment without cause, Mr. Herberg shall be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6) months of his then current annual base salary upon Mr. Herberg's execution of a valid written release of legal claims. If the District terminates this Agreement (thereby terminating Mr. Herberg's employment) without cause, and Mr. Herberg executes a valid written release of legal claims, the severance pay is considered a cash settlement related to the termination of Mr. Herberg and waiver of legal claims and shall be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth in Government Code 53243.4, as may be amended, of either (1) an abuse of public authority, including, but not limited to, waste, fraud and violation of the law under color of authority, or (2) a crime against public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92 of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later than six (6) months after such conviction. If Mr. Herberg terminates his employment with 30 days' notice, the Board shall have the right to accept his resignation effective the date notice is given. Such decision to accept his resignation earlier shall not be considered a termination without cause and shall not entitle Mr. Herberg to receive the severance pay noted above. Sectjoo 3: The term of this Agreement shall commence on the effective date above and continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or unless terminated or amended as provided herein. Sectjoo 4: As compensation for the services to be performed hereunder, upon the effective date of this Agreement, District agrees to pay General Manager an annual base salary for services rendered of three hundred six thousand one hundred ninety-six dollars ($306, 196), subject to all applicable deductions and withholdings of any and all sums required by then current state, federal or local law, along with deductions of applicable sums the General Manager is obligated to pay because of participation in plans and programs described in this Agreement, and paid biweekly in accordance with the District's established accounting and payroll practices at the same time and in the same manner as other employees of the District. No increase in salary may exceed the compensation permitted by the applicable salary range for the classification established by duly adopted Resolution of the Board. For Years Two and Three of the employment contract, compensation will adjust as follows: 1. A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; 2. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total. Sectjoo 5: For the period of this Agreement, District shall provide Mr. Herberg w~h a fixed benefit package that includes the following: Personal Leave -accrued based on years of service for all paid hours, including hours actually worked and hours in a paid-leave payroll status, on a biweekly basis in accordance with the Manual. Personal leave accruals shall not exceed four hundred forty (440) hours as of December 31 of each year. Any hours in excess of said limit, will be paid to Mr. Herberg in January in an amount equal to the hourly rate of compensation. • Administrative Leave -40 hours per fiscal year, granted and not eligible for annual cash out. • Investment Incentive Salary (llS) -6% of base salary applied on a biweekly fiscal year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250) annually. • Deferred Compensation -OCSD-paid annual allocation for 2019, 2020, and 2021 of $11,000 allocated on a biweekly calendar year basis. • Car Allowance -OCSD-paid annual allocation of $8,400. • Added Medical Allowance -OCSD-paid annual allocation for 2019, 2020, and 2021 of six thousand dollars ($6,000). Mr. Herberg's benefit package also shall include benefits consistent with the Manual for: holiday pay; medical, dental, vision and life insurance at three times base salary; long-term and short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's benefit package shall include executive disability insurance benefits, consistent with those provided to OCSD managers. These benefits shall remain in full force and effect unless and until replaced by an amendment to this Agreement, signed by Mr. Herberg and approved by the Board, which amendment shall include the effective date thereof. Sectjon 6: District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review. Failure of the District to review and evaluate the performance of the General Manager pursuant to this section shall not affect the right of the District to terminate the General Manager's employment and shall not be considered a breach of this Agreement. Sectjon 7: Mr. Herberg shall be a Participant Member in the Orange County Employees Retirement System ("OCERS"). District shall pay the required employer's contribution and 0% of Mr. Herberg's required contribution towards membership in OCERS. Sectjon 8: District shall reimburse General Manager for all expenses paid by him and incurred for non-personal, job-related District business that are reasonably necessary to the General Manager's service to the District. The District agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to the criteria established by District's budget and/or normal expense reimbursement procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all expenses must be supported by documentation meeting the District's policies and requirements and must be submitted within time limits established by the District. Such reimbursement shall not be considered a benefit. Sectjon 9: During the period of this Agreement, it is agreed that General Manager shall devote his fulltime, skills, labor and attention to said employment. At no time may General Manager undertake outside activities consisting of consultant work, speaking engagements, writing, lecturing, or other similar professional activities for money or other consideration without prior approval of District's Steering Committee. However, the expenditure of reasonable amount of time for educational, charitable, or professional activities shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the services required under this Agreement, and shall not require the prior written consent of the Steering Committee. This Agreement shall not be interpreted to prohibit General Manager from making passive personal investments or conducting private business affairs, provided those activities are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere with the services required under this Agreement. Sectjon 1 O: The Board has the sole discretion to determine whether the District shall pay General Manager pending an investigation into any alleged misconduct by General Manager. In the event that the District's Board determines, in its sole discretion, that it is inthe best interest of the District for General Manager to be placed on paid administrative leave pending such an investigation, General Manager shall fully reimburse any salary provided for that purpose if the misconduct for which the General Manager was under investigation results in the General Manager being convicted of a crime involving an abuse of his office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such salary to the District no later than six months after such conviction. Sectjon 11: In the event that the District provides funds for the legal criminal defense of General Manager, General Manager shall fully reimburse said funds to the District if the General Manager is convicted of a crime involving an abuse of his/her office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal defense fees to the District no later than six months after such conviction. Section 12: The terms and conditions of employment for General Manager, including other employment benefits for the General Manager that are not specifically provided for in this Agreement, shall be governed by the Manual, to the extent that amendments to the Manual made after the effective date of this Agreement are not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern. Section 13: This Agreement supersedes any and all other prior agreements, either oral or in writing, between the Parties hereto with respect to the employment of Mr. Herberg by District, and contains all of the covenants and agreements between the Parties with respect to that employment in any manner whatsoever. Each Party to this Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, has been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement or Employment shall be valid or binding on ether Party. Sectjon 14: Any notices to be given hereunder by e~her Party to the other shall be in writing and may be transmitted by personal delivery, or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses maintained in the personnel records of District, but each Party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Sectjon 15: Any modifications of this Agreement will be effective only if set forth in writing and signed by the Parties. Sectjon 16: The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party, shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Sectjon 17: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 18: This Agreement shall be governed by and construed in accordance with the laws of the State of California and all applicable ordinances, policies and resolutions. Sectjon 19: General Manager acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. General Manager acknowledges that he has made an independent judgment upon the financial and legal effects of the Agreement and has not relied upon representation of the District, its elected or appointed officers and officials, agents or employees other than those expressly set forth in this Agreement. General Manager acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment Agreement as follows. APPROVED AS TO FORM: BRADLEY R. HOGIN GENERAL COUNSEL Bradley R. Hogin "DISTRICT" ORANGE COUNTY SANITATION DISTRICT "GENERAL MANAGER" James D. Herberg Date "CHAIR, BOARD OF DIRECTORS" David John Shawver Date General Manager Salary Schedules Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual 263,453$ 276,931$ 291,096$ 305,968$ 321,610$ Monthly 21,954$ 23,078$ 24,258$ 25,497$ 26,801$ Hourly 126.66$ 133.14$ 139.95$ 147.10$ 154.62$ Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual 271,357$ 285,230$ 299,832$ 315,141$ 331,261$ Monthly 22,613$ 23,769$ 24,986$ 26,262$ 27,605$ Hourly 130.46$ 137.13$ 144.15$ 151.51$ 159.26$ Pay Grade Step 1 Step 2 Step 3 Step 4 Step 5 EM37 Annual 279,490$ 293,779$ 308,818$ 324,605$ 341,203$ Monthly 23,291$ 24,482$ 25,735$ 27,050$ 28,434$ Hourly 134.37$ 141.24$ 148.47$ 156.06$ 164.04$ Orange County Sanitation District Classification and Compensation Plan GENERAL MANAGER, FY 2019-20 GENERAL MANAGER, FY 2020-21 GENERAL MANAGER, FY 2021-22 AT-WILL EMPLOYMENT AGREEMENT James D. Herberg General Manager ORANGE COUNTY SANITATION DISTRICT THIS AT-WILL EMPLOYMENT AGREEMENT ("Agreement") is entered into, to be effective the 1st day of July, 2019, by and between: AND ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "District"; JAMES D. HERBERG, sometimes hereinafter referred to as "General Manager"; collectively referred to herein as ("the Parties") RECITALS WHEREAS, District desires to continue to employ James D. Herberg ("Mr. Herberg"), as General Manager of District, pursuant to the terms and conditions as set forth in this Agreement; and WHEREAS, Mr. Herberg, by virtue of his education, training and experience, is fully qualified to fill the position of General Manager and desires to continue to serve the District as its General Manager, pursuant to the terms and conditions of this Agreement; and WHEREAS, per Resolution No. 19-12 adopted on September 25, 2019, the District's Board of Directors has approved and authorized the Board Chair to execute this "At-Will Employment Agreement" to include a base building salary increase of 5.5% of his current salary. WHEREAS, at the beginning of negotiations of a new Employment Agreement, the 1 parties agreed that any salary changes agreed to would take effect retroactively to the first pay period of July 2019, which is the first pay period in the current fiscal year. NOW, THEREFORE, the Parties hereto agree as follows: Sectjon 1; District hereby continues to employ Mr. Herberg to serve as General Manager of the Orange County Sanitation District, commencing on the effective date hereof, and continuing until termination by either Party, as provided in this Agreement. In that capacity, Mr. Herberg agrees to perform the functions and duties of General Manager, the administrative head of the District, as prescribed by the laws of the State of California, and by the rules, regulations, decisions, and directions of the Board of Directors of District (hereinafter referred to as "Board"). The General Manager's duties may involve expenditures of time in excess of the regularly established workday or in excess of a forty-hour work week and may also include time outside normal office hours (including attendance at Board and Committee meetings). General Manager is classified as an exempt employee under the Fair Labor Standards Act ("FLSA") and shall not be entitled to any additional compensation for hours worked in excess of forty in a work week. Sectjon 2: Mr. Herberg shall be employed in an "at-will" capacity serving at the sole pleasure of the Board. Either party to this Agreement may terminate the Agreement at any time for any reason with or without cause, and without hearing, upon 30 days' notice to the other party. Mr. Herberg is advised and acknowledges that he has none of the termination rights of a Regular employee of the District. Except as expressly provided herein, and as a condition of employment, Mr. Herberg knowingly, willingly and voluntarily gives up, waives, and disclaims any and all rights he may have, express or implied, to any notice and/or hearing before or after termination, and/or to any continued employment with the District after termination. As an "at-will" employee, Mr. Herberg understands that he may be subject to termination with or without cause at the sole discretion of the Board, notwithstanding that the other provisions of the District's Personnel Policies and Procedures Manual (hereinafter referred to as "Manual") apply to Mr. Herberg. If the District terminates employment without cause, Mr. Herberg shall be given a thirty (30) day Notice of Termination and severance pay in an amount equal to six (6) months of his then current annual base salary upon Mr. Herberg's execution of a valid written release of legal claims. If the District terminates this Agreement (thereby terminating Mr. Herberg's employment) without cause, and Mr. Herberg executes a valid written release of legal claims, the severance pay is considered a cash settlement related to the termination of Mr. Herberg and waiver of legal claims and 2 shall be fully reimbursed to the District by Mr. Herberg if Mr. Herberg is convicted of a crime involving an abuse of his office or position. Abuse of office or position shall have the meaning set forth in Government Code 53243.4, as may be amended, of either (1) an abuse of public authority, including, but not limited to, waste, fraud and violation of the law under color of authority, or (2) a crime against public justice, including, but, not limited to, a crime described in Title 7 (commencing with Section 92 of Part 1 of the Penal Code). Mr. Herberg shall reimburse such severance pay to the District no later than six (6) months after such conviction. If Mr. Herberg terminates his employment with 30 days' notice, the Board shall have the right to accept his resignation effective the date notice is given. Such decision to accept his resignation earlier shall not be considered a termination without cause and shall not entitle Mr. Herberg to receive the severance pay noted above. Sectjon 3: The term of this Agreement shall commence on the effective date above and continue for an indefinite duration, until terminated by either Party pursuant to Section 2 above, or unless terminated or amended as provided herein. Sectjon 4: As compensation for the services to be performed hereunder, upon the effective date of this Agreement, District agrees to pay General Manager an annual base salary for services rendered of three hundred six thousand one hundred ninety-six dollars ($306,196), subject to all applicable deductions and withholdings of any and all sums required by then current state, federal or local law, along with deductions of applicable sums the General Manager is obligated to pay because of participation in plans and programs described in this Agreement, and paid biweekly in accordance with the District's established accounting and payroll practices at the same time and in the same manner as other employees of the District. No increase in salary may exceed the compensation permitted by the applicable salary range for the classification established by duly adopted Resolution of the Board. For Years Two and Three of the employment contract, compensation will adjust as follows: 1. A salary increase in the first pay period of July 2020, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total; 2. A salary increase in the first pay period of July 2021, consisting of a 3.0% salary range adjustment and corresponding salary increase and up to 2.5% merit increase to be determined by the Board of Directors based on job performance, not to exceed 5.5% total. Sectjon 5: For the period of this Agreement, District shall provide Mr. Herberg w~h a fixed benefit package that includes the following: 3 • Personal Leave -accrued based on years of service for all paid hours, including hours actually worked and hours in a paid-leave payroll status, on a biweekly basis in accordance with the Manual. Personal leave accruals shall not exceed four hundred forty (440) hours as of December 31 of each year. Any hours in excess of said limit, will be paid to Mr. Herberg in January in an amount equal to the hourly rate of compensation. • Administrative Leave -40 hours per fiscal year, granted and not eligible for annual cash out. • Investment Incentive Salary (IIS) -6% of base salary applied on a biweekly fiscal year basis, and a flat amount of one thousand two hundred fifty dollars ($1,250) annually. • Deferred Compensation -OCSD-paid annual allocation for 2019, 2020, and 2021 of $11,000 allocated on a biweekly calendar year basis. • Car Allowance -OCSD-paid annual allocation of $8,400. • Added Medical Allowance -OCSD-paid annual allocation for 2019, 2020, and 2021 of six thousand dollars ($6,000). Mr. Herberg's benefit package also shall include benefits consistent with the Manual for: holiday pay; medical, dental, vision and life insurance at three times base salary; long-term and short-term disability insurance; and employee assistance program. Additionally, Mr. Herberg's benefit package shall include executive disability insurance benefits, consistent with those provided to OCSD managers. These benefits shall remain in full force and effect unless and until replaced by an amendment to this Agreement, signed by Mr. Herberg and approved by the Board, which amendment shall include the effective date thereof. Sectjon 6: District's Steering Committee shall meet with General Manager in August of each year during the term of this Agreement to review and evaluate his performance over the prior year. The Steering Committee shall make its recommendation(s) to the Board concerning adjustment to the compensation and/or benefits paid or provided to General Manager, to be effective in July of the year of review. After consideration of the recommendation(s) of the Steering Committee, the Board shall determine and approve the compensation, including benefits, payable to General Manager, which generally becomes effective July of the fiscal year of the review. Failure of the District to review and evaluate the performance of the General Manager pursuant to this section shall not affect the right of the District to terminate the General Manager's employment and shall not be considered a breach of this Agreement. 4 Sectjon 7: Mr. Herberg shall be a Participant Member in the Orange County Employees Retirement System ("OCERS"). District shall pay the required employer's contribution and 0% of Mr. Herberg's required contribution towards membership in OCERS. Sectjon 8: District shall reimburse General Manager for all expenses paid by him and incurred for non-personal, job-related District business that are reasonably necessary to the General Manager's service to the District. The District agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted according to the criteria established by District's budget and/or normal expense reimbursement procedures pursuant to applicable policy Resolutions. To be eligible for reimbursement, all expenses must be supported by documentation meeting the District's policies and requirements and must be submitted within time limits established by the District. Such reimbursement shall not be considered a benefit. Section 9: During the period of this Agreement, it is agreed that General Manager shall devote his fulltime, skills, labor and attention to said employment. At no time may General Manager undertake outside activities consisting of consultant work, speaking engagements, writing, lecturing, or other similar professional activities for money or other consideration without prior approval of District's Steering Committee. However, the expenditure of reasonable amount of time for educational, charitable, or professional activities shall not be deemed a breach of this Agreement if those activities do not conflict or materially interfere with the services required under this Agreement, and shall not require the prior written consent of the Steering Committee. This Agreement shall not be interpreted to prohibit General Manager from making passive personal investments or conducting private business affairs, provided those activities are not deemed to be a conflict of interest by state law nor do they conflict or materially interfere with the services required under this Agreement. Section 10: The Board has the sole discretion to determine whether the District shall pay General Manager pending an investigation into any alleged misconduct by General Manager. In the event that the District's Board determines, in its sole discretion, that it is in the best interest of the District for General Manager to be placed on paid administrative leave pending such an investigation, General Manager shall fully reimburse any salary provided for that purpose if the misconduct for which the General Manager was under investigation results in the General Manager being convicted of a crime involving an abuse of his office or position as defined in 5 Section 2 of this Agreement. General Manager shall reimburse such salary to the District no later than six months after such conviction. Sectjon 11: In the event that the District provides funds for the legal criminal defense of General Manager, General Manager shall fully reimburse said funds to the District if the General Manager is convicted of a crime involving an abuse of his/her office or position as defined in Section 2 of this Agreement. General Manager shall reimburse such criminal legal defense fees to the District no later than six months after such conviction. Sectjon 12: The terms and conditions of employment for General Manager, including other employment benefits for the General Manager that are not specifically provided for in this Agreement, shall be governed by the Manual, to the extent that amendments to the Manual made after the effective date of this Agreement are not inconsistent with the provisions of this Agreement. In the event of any such inconsistency or conflict, the provisions of this Agreement shall govern. Sectjon 13: This Agreement supersedes any and all other prior agreements, either oral or in writing, between the Parties hereto with respect to the employment of Mr. Herberg by District, and contains all of the covenants and agreements between the Parties with respect to that employment in any manner whatsoever. Each Party to this Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, has been made by any Party, or anyone acting on behalf of any Party, which is not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement or Employment shall be valid or binding on either Party. Sectjon 14: Any notices to be given hereunder by either Party to the other shall be in writing and may be transmitted by personal delivery, or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses maintained in the personnel records of District, but each Party may change that address by written notice in accordance with this Section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Sectjon 15: Any modifications of this Agreement will be effective only if set forth in writing and signed by the Parties. Sectjon 16: The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party, shall not be deemed a 6 waiver of that term , covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. Section 17: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid , void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 18: This Agreement shall be governed by and construed in accordance with the laws of the State of California and all applicable ordinances , policies and resolutions. Sectjon 19: General Manager acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of th is Agreement. General Manager acknowledges that he has made an independent judgment upon the financial and legal effects of the Agreement and has not relied upon representation of the District, its elected or appointed officers and officials, agents or employees other than those expressly set forth in this Agreement. General Manager acknowledges that he has been advised to obtain, and has availed himself of, legal advice with respect to the terms and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this At-Will Employment Agreement as follows. "DISTRICT" ORANGE COUNTY SANITATION DISTRICT "GENERAL MANAGER" By: /Z,,.,,.,M, 4 L lo/o-,/2or, _'J-~m~e-s-□-. -H-e-rb_e_r_g_~------□-a_t_e_ 7 APPROVED AS TO FORM: BRADLEY R. HOGIN GENERAL COUNSEL "CHAIR, BOARD OF DIRECTORS" 8 Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1169 Agenda Date:8/26/2020 Agenda Item No:5. FROM:James D. Herberg, General Manager Originator: Lorenzo Tyner, Assistant General Manager SUBJECT: INTERIM FOOD WASTE RECEIVING FACILITY,PROJECT NO.P2-124,AND PRICING POLICY DISCUSSION GENERAL MANAGER'S RECOMMENDATION RECOMMENDATION: Information Item. BACKGROUND Cities in California will be required to divert 50%of organic wastes,including food waste,from landfills by 2020,and 75%by 2025.The Orange County Sanitation District (Sanitation District)has studied and designed a project that will process 150 tons of food waste per day using our existing anaerobic digesters at Plant No.2.In addition to helping cities meet organic waste diversion requirements,the digestion of food waste will increase methane fuel production and power generation at the Sanitation District’s plants.This additional renewable energy will help the Sanitation District move toward energy self-sufficiency. An information item regarding this project and the tipping fee structure was presented to the May 2020 Operations and Administration Committees.This item is being brought before the Steering Committee for additional discussion. RELEVANT STANDARDS ·Maintain and adhere to appropriate internal planning documents (Biosolids Master Plan) ·Use all practical and effective means for resource recovery ·Ensure the public’s money is wisely spent PROBLEM Cities need to divert food waste from landfills to meet benchmarks set by the State of California that will become effective in 2020 and 2025.The Sanitation District’s planned Interim Food Waste Digestion project will provide 150 tons per day of food waste capacity,and a tipping fee is needed to recover capital and ongoing operating costs. Orange County Sanitation District Printed on 8/19/2020Page 1 of 3 powered by Legistar™ File #:2020-1169 Agenda Date:8/26/2020 Agenda Item No:5. PROPOSED SOLUTION 1.Advertise a Request for Information (RFI)for municipal waste haulers to deliver food waste to the Sanitation District’s digesters.Interested haulers servicing cities in the Sanitation District’s service area will be invited to respond to the RFI indicating how much food waste tonnage they would be willing to send to the Sanitation District. 2.Invite interested haulers to sign an agreement with the Sanitation District stipulating food waste quality requirements and agreeing to an allocation of the 150 tons per day of available capacity in proportion to each hauler’s share of the Sanitation District’s customer base.It is anticipated that there will be more than enough food waste available from within the Sanitation District’s service area,therefore we do not plan to accept food waste from outside the Sanitation District’s service area. 3.Staff is recommending that the tipping fee be established to recover the Sanitation District’s Capital and Operating costs with a capital recovery period of 10 years. TIMING CONCERNS Staff recommends the agreements be in place with waste haulers prior to starting construction. Bidding and construction will take approximately two years.Therefore,staff recommends moving forward now to ensure that the facility is up and running as soon as possible,and prior to the regulatory deadline of 2025 at the latest. RAMIFICATIONS OF NOT TAKING ACTION The Sanitation District would miss out on the opportunity to help solve the organics waste diversion requirements set by the state of California while becoming more energy self-sufficient. PRIOR COMMITTEE/BOARD ACTIONS May 2020 - Informational presentation to the Operations and Administration Committees. July 2019 - Informational presentation to Operations and Administration Committees. September 2018 -Approved a Professional Design Services Agreement with Kennedy/Jenks Consultants to provide engineering services for Interim Food Waste Receiving Facility,Project No.P2 -124, for an amount not to exceed $695,000; and approved a contingency of $69,500 (10%). ADDITIONAL INFORMATION This item was discussed at the May 2020 Operations and Administration Committee meetings. Among items discussed was the merit of establishing a payback period of 5 or 10 years.The attached letter from the City of Brea was received on May 19,2020 stating the City’s preference for establishing the tipping fee based on a 10-year payback which would result in a lower tipping fee. CEQA This project was covered under the Biosolids Master Plan Program Environmental Impact Report, adopted by the Board on June 27,2018.A Notice of Determination was filed on September 27, Orange County Sanitation District Printed on 8/19/2020Page 2 of 3 powered by Legistar™ File #:2020-1169 Agenda Date:8/26/2020 Agenda Item No:5. 2018, after Board approval of the Professional Design Services Agreement. FINANCIAL CONSIDERATIONS This is an information item. Project No. P2-124 has been budgeted. ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·May 19, 2020 Letter from the City of Brea Orange County Sanitation District Printed on 8/19/2020Page 3 of 3 powered by Legistar™ City of Brea May 19, 2020 Mr. James 0. Herberg, General Manager 10844 El lis Ave. Fountain Valley, CA 92708 Dear General Manager Herberg: I want to thank Orange County Sanitation District (OSCO) for their leadership in helping cities achieve compliance with SB 1383. It is the cooperation and partnership among public agencies that help us bridge solutions fo r our respective communities. OCSD Member Parker shared some highlights of your proposed Interim Food Waste Receiving Facility with our C ity team. We would like to offer some insight on the proposed project from a City Management viewpoint. The State has saddled us with an enormous burden of ever growing unfunded mandates as is relates to AB 32 -California Global Warming Solutions Act. Compliance with this act has increased costs, which unfortunately are passed on to the residents and businesses to comply with the State mandates. It is important for us to be mindful of how we pass along these cost, and as you deliberate how OCSD would recover costs, I strongly advocate for the Ten-Year Capital Recovery. There are a few important considerations: • The solid waste providers will have to implement changes to their processes to create the food waste slurry to the specification of OSCO and may have to purchase new equipment. W ith a shorter amortization by the OCSD it will drive up costs for the consumer to cover not only OSCD's Ten-Year Capital Recovery but the refuse haulers cost as wel I. • The OSCO cost structure must be competitive in the marketplace and by keeping the per ton rates at longer ten-year Ten-Year Capital Recovery, we believe you will draw much more interest by the solid waste providers. • Stabilizing per ton rates fo r a longer term may al low you to extend contracts to secure food waste slurry for a longer period of time and maintain a predictable cash flow of City Council Marty Simonoff Mayor Steven Vargas Mayor Pro Tern Cecilia Hupp Council Member Christine Marick Council Member Glenn Parker Council Member Civic & Cultural Center • I Civic Center Circle • Brc:i, California 92821-5732 • 7 [4/990-7600 • FAX. 714/990-2258 • www.ciryofbrc:i.net Q. Recycled c,t1 rio m.coc-001111 cn,rnc May 19, 2020 General Manager Herberg Page 2 of2 funds to OSCO. A longer contract term may limit the ability of the solid waste providers to look for cheaper disposable alternatives that may come forward in the future. Whatever we can do to stabilize the long-term rates for our consumers will be a benefit for all and we sincerely appreciate your efforts to provide a solution here in Orange County. If you would like to discuss further or if I can be of any assistance, please do not hesitate to contact me at 714- 990-7710. Sincerely, Bill Gallardo City Manager Tony Olmos Public Works Director Orange County Sanitation District STEERING COMMITTEE Agenda Report Administration Building 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7433 File #:2020-1193 Agenda Date:8/26/2020 Agenda Item No:CS-1 FROM:James D. Herberg, General Manager SUBJECT: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4) RECOMMENDATION: Convene in Closed Session: Number of Potential Cases: 1 Initiation of litigation regarding development fees and conditions at Project OCSD Headquarters Building: City of Fountain Valley BACKGROUND During the course of conducting the business set forth on this agenda as a regular meeting of the Board,the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters. Reports relating to (a)purchase and sale of real property;(b)matters of pending or potential litigation;(c)employment actions or negotiations with employee representatives;or which are exempt from public disclosure under the California Public Records Act,may be reviewed by the Board during a permitted closed session and are not available for public inspection.At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information. RELEVANT STANDARDS ·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted ATTACHMENT The following attachment(s)may be viewed on-line at the OCSD website (www.ocsd.com)with the complete agenda package: ·Memo from General Counsel Orange County Sanitation District Printed on 8/19/2020Page 1 of 1 powered by Legistar™ 1114541.2 555 AN T O N B O U L E V A R D, SU I T E 12 0 0 C O S T A ME S A , CA 9 2 6 26-7 6 70 (714) 558-7000 MEMORANDUM TO: Hon. Chair and Members of the Orange County Sanitation District Steering Committee FROM: Bradley R. Hogin, Esq. General Counsel DATE: August 10, 2020 RE: Closed Session Items The Steering Committee desires to hold a closed session on August 26, 2020 for the purpose of conferring with its legal counsel regarding potential litigation. Based on existing facts and circumstances, the Committee is deciding whether to initiate litigation against another party. The closed session will be held pursuant to the authority of California Government Code Section 54956.9(d)(4). The facts and circumstances are as follows: a dispute has arisen between the City of Fountain Valley and the District regarding fees and conditions that the City seeks to impose on the District’s construction of a new headquarters building. In the view of the District, these fees and conditions are unlawful. Respectfully submitted, By_________________________________ Bradley R. Hogin, General Counsel ORANGE COUNTY SANITATION DISTRICT COMMON ACRONYMS ACWA Association of California Water Agencies LOS Level Of Service RFP Request For Proposal APWA American Public Works Association MGD Million Gallons Per Day RWQCB Regional Water Quality Control Board AQMD Air Quality Management District MOU Memorandum of Understanding SARFPA Santa Ana River Flood Protection Agency ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor BOD Biochemical Oxygen Demand NEPA National Environmental Policy Act SARWQCB Santa Ana Regional Water Quality Control Board CARB California Air Resources Board NGOs Non-Governmental Organizations SAWPA Santa Ana Watershed Project Authority CASA California Association of Sanitation Agencies NPDES National Pollutant Discharge Elimination System SCADA Supervisory Control And Data Acquisition CCTV Closed Circuit Television NWRI National Water Research Institute SCAP Southern California Alliance of Publicly Owned Treatment Works CEQA California Environmental Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality Management District CIP Capital Improvement Program OCCOG Orange County Council of Governments SOCWA South Orange County Wastewater Authority CRWQCB California Regional Water Quality Control Board OCHCA Orange County Health Care Agency SRF Clean Water State Revolving Fund CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources Control Board EMT Executive Management Team OSHA Occupational Safety and Health Administration TDS Total Dissolved Solids EPA US Environmental Protection Agency PCSA Professional Consultant/Construction Services Agreement TMDL Total Maximum Daily Load FOG Fats, Oils, and Grease PDSA Professional Design Services Agreement TSS Total Suspended Solids gpd gallons per day PFAS Per- and Polyfluoroalkyl Substances WDR Waste Discharge Requirements GWRS Groundwater Replenishment System PFOA Perfluorooctanoic Acid WEF Water Environment Federation ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation IERP Integrated Emergency Response Plan POTW Publicly Owned Treatment Works WIFIA Water Infrastructure Finance and Innovation Act JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the Nation Act LAFCO Local Agency Formation Commission PSA Professional Services Agreement WRDA Water Resources Development Act ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater. BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone. BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water. BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used as a fuel. BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for commercial and home gardens to improve and maintain fertile soil and stimulate plant growth. CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities. COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater. COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water. CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues. CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants. DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample. GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”). GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70 million gallons per day of drinking quality water to replenish the local groundwater supply. LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance. N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS process and is eliminated using hydrogen peroxide with extra ultra-violet treatment. NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance. PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects. PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon). PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents. PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility. PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant. SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment. SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and regulations designed to achieve public health standards by reducing emissions from business and industry. SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater. SLUDGE – Untreated solid material created by the treatment of wastewater. TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater. ORANGE COUNTY SANITATION DISTRICT GLOSSARY OF TERMS TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them. URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans. WASTEWATER – Any water that enters the sanitary sewer. WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.