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HomeMy WebLinkAbout2001-08-29DRAFT MINUTES OF AD HOC COMMITTEE MEETING RE URBAN RUNOFF Orange County Sanitation District Wednesday, August 29, 2001 at 4 p.m. A meeting of the Ad Hoc Committee re Urban Runoff of the Orange County Sanitation District was held on Wednesday, August 29, 2001 at 4 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: AD HOC COMMITTEE MEMBERS: Directors Present: Norm Eckenrode, Board Chair Peter Green, Board Vice Chair Shawn Boyd, Ad Hoc Committee Chair Steve Anderson Don Bankhead Beth Krom Tod Ridgeway Directors Absent: Jim Silva FILED IN THE OFFICE OF THE GECFETARY ORANGE 00UI''TY SA%1, TR;T;0N DiSTRICi SEP 243 2001 (2) APPOINTMENT OF CHAIR PRO TEM OTHERS PRESENT: Thomas L. Woodruff, General Counsel Don Hughes, Assistant to Supervisor Silva Don McIntyre, Consultant Larry Paul, County of Orange Bob Beardsley, City of Huntington Beach Jim Stahl, LACSD Mike Wellborn, County of Orange Chip Prather, OC Fire Authority Ken Smith, County of Orange Howard Johnson, Huntington Beach Jim Jones, Huntington Beach David Kiff, Newport Beach STAFF PRESENT: Blake P. Anderson, General Manager Bob Ghirelli, Director of Technical Services David Ludwin, Director of Engineering Tom Meregillano, Regulatory Specialist Lisa Murphy, Communications Manager Gary Streed, Director of Finance Bob Ooten, Director of Operations and Maintenance Pam Koester, Project Manager Greg Mathews, Assistant to the General Manager Mary Sue Thompson, Source Control Inspector Board Chair Norm Eckenrode announced that he had appointed Director Shawn Boyd as chair of the committee. (3) PUBLIC COMMENTS There were no comments by any member of the public. Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 2 August 29, 2001 (4) REPORT OF THE AD HOC COMMITTEE CHAIR Board Chairman Eckenrode welcomed everyone to the meeting. The goal will be to address upstream issues as well as possible improvements that will result in higher quality water at the beaches. (5) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson said that staff is seeking direction from the committee on how wide the role of the Sanitation District should be in the short- and long-term dry weather run off problems for Orange County. (6) REPORT OF GENERAL COUNSEL General Counsel Thomas Woodruff said that in an effort to improve the water quality of the local beaches, the District has five agreements for diversion of dry weather flows into the District's treatment plant in Huntington Beach for treatment. (7) DISCUSSION ITEMS — Items (A-C) A. Update on Urban Runoff Program Bob Ghirelli provided an update on the actions the District has taken since the Directors approved the dry weather runoff diversion program as a result of the closure of 4 1/2 miles of beach in the summer of 1999. The number of exceedances along Huntington Beach has declined since the diversions were put in place. The County will be putting in permanent rubber dams in the Greenville -Banning and Talbert Channels, as well as the Santa Ana River. The quality of the 2.3 mgd (average) of diverted flow has not been a problem so far, though staff is beginning to see pesticides in the water, but the numbers are very low at this time. The additional diversions will add .4 mgd. B. Program Issues The program approved by the Directors allows for 4 mgd of diverted flow before fees are assessed. Once that 4 mgd is met, everyone in the system will be charged for flow from that point forward. The maximum capacity for diverted flow is 10 mgd. It was noted that the majority of flow is from landscape over -watering and water districts, fire departments and construction projects that dump into storm drains. Operating costs are about $700 per million gallons of flow treated. The County is in the process of creating a model ordinance for grease traps that will require review of maintenance logs during all inspections. This will be passed on to the cities for their action. The requirement for grease traps is part of the building code, which is under the purview of cities. All results will be provided to the cities for further action if necessary. Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 3 August 29, 2001 The County is also planning to sponsor a summit, possibly in October, on the various aspects of urban runoff. An initial goal is to increase public awareness of the program and to create incentives to reduce runoff, as well as estimate and set priorities of problem areas. C. Committee Purpose and Goals Among the items that will require additional discussion are quantity and quality issues, funding for diversion projects including the possibility of the District providing matching funding through its Cooperative Projects Program, establishing roles and responsibilities, evaluate and recommend changes to the District's urban runoff program and evaluate funding. The three major issues are: 1) whether to bring diversion runoff into the regional system and how much; 2) who is going to pay for operating costs; and 3) what contributions, if any, should the Sanitation District make to the regional program. Another goal is to take care of the problems to clean up water quality and reduce outrage and pressure in the public setting. Expenditures on things that are not solving the problems should be avoided or curtailed. Staff was directed to monitor the summit planned by the County and the committee will meet again after that, probably in November, to further discuss options. (8) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY There was no other business discussed. (9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING Staff will report on the Urban Runoff Summit at the next meeting. (10) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT There were none. (11) CONSIDERATION OF UPCOMING MEETINGS The next Ad Hoc Committee re Urban Runoff meeting will be scheduled after the County of Orange's Urban Runoff Summit scheduled for October. (12) CLOSED SESSION There was no closed session. Minutes of the Ad Hoc Committee re Urban Runoff Meeting Page 4 August 29, 2001 (13) ADJOURNMENT The Chair declared the meeting adjourned at 5:55 p.m. Submitted by: Je appan, Comm itte a retary G:1wp, alaganda Ad Hoc CommitteeslUrben RunoMO82901 Ad Hoc Committee Minutes.doc STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) Pursuant to California Government Code Section 54954.2, 1 hereby certify that the Notice and the Agenda for the Urban Runoff Ad Hoc Committee meeting to be held on Wednesday, August 29, 2001, was duly posted for public inspection in the main lobby of the District's offices on Wednesday, August 22, 2001. 2001. IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of August, Penny M. 41e, Sect ry Board of Directors Orange County Sanitation District 11 r, Posted: L 200 P.M. B `�. Y• Signature G:\WP.DTA\AGENDA\POSTING\COMMITTEE POSTING CERTIFICATION FORM.DOC ,Uty hH7 f W ORANGE COUNTY SANITATION DISTRICT e phone: (7143 982-2411 fax: (7141 962.0356 uuww.ocsd.tom NOTICE OF mailing address: PD. Box 8127 Fountain Valley, CA AD HOC COMMITTEE RE URBAN RUNOFF 52728-84 27 street address: 10844 Ellis Avenue Fountain ORANGE COUNTY SANITATION DISTRICT -7 1CA B 92708-7(]18 Member Agencies WEDNESDAY, AUGUST 29, 2001 - 4 P.M. 0 Cities Anaheim DISTRICT'S ADMINISTRATIVE OFFICE Brea 10844 ELLIS AVENUE Buena Park Cypress FOUNTAIN VALLEY, CALIFORNIA 92708 Fountain Valley Fullerton Garden Grove Hunungpr? Beach Irvine La Habra A regular meeting of the Ad Hoc Committee re Urban Runoff will meet at the above La Palma date and time to discuss issues of mutual interest. Los Alamitos Newport Beach Orange Placentia Santa Ana Seal Beach Stanton Tustin villa park Yarba Linda County of Orange Sanitary Districts Costa Mesa Midway City Water Districts lrwna.Pooch To maintain world -class leadership in wastewater and water resource management. ROLL CALL (1) Roll Call: Meeting Date: August 29 2001 Meeting Time: 4 p.m. Meeting Adjourned:_ Ad Hoc Committee Members Norm Eckenrode, Chair .......................................... Peter Green, Vice Chair ........................................... Steve Anderson, Director......, ................................... Don Bankhead, Director ............................................ Shawn Boyd, Director............ ................................... Beth Krom, Director .................................................. Tod Ridgeway, Director ............................................ Jim Silva, Director ..................................................... Others Thomas L. Woodruff, General Counsel .................... DonHughes............................................................. Don McIntyre, Consultant ............. ............................ Larry Paul, County of Orange .................................. Vicki Wilson, County of Orange ................................ Dave Kiff, City of Newport Beach ............................. Bob Beardsley, City of Huntington Beach .. .............a JimStahl, LACSD.................................................... Staff Present Blake P. Anderson, General Manager ...................... Bob Ghirelli, Director of Technical Services ............. David Ludwin, Director of Engineering ..................... Tom Meregillano, Regulatory Specialist ................... Mahin Talebi, Source Control Manager .................... Lisa Murphy, Communications Manager .................. Jean Tappan, Secretary ........................................... c: Lenora Crane AGENDA MEETING OF THE AD HOC COMMITTEE RE: URBAN RUNOFF ORANGE COUNTY SANITATION DISTRICT WEDNESDAY, AUGUST 29, 2001 AT 4 P.M. ADMINISTRATIVE OFFICE 10844 Ellis Avenue Fountain Valley, California In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the District's Administrative Offices not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Board Secretary. In the event any matter not listed on this agenda is proposed to be submitted to the Board for discussion and/or action, it will be done in compliance with Section 54954.2(b) as an emergency item, or that there is a need to take immediate action which need came to the attention of the District subsequent to the posting of the agenda, or as set forth on a supplemental agenda posted not less than 72 hours prior to the meeting date. All current agendas and meeting minutes are also available via Orange County Sanitation District's Internet site located at www.ocsd.com. Upon entering the District's web site, please navigate to the Board of Directors section. (1) ROLL CALL (2) APPOINTMENT OF CHAIR PRO TEM. IF NECESSARY (3) PUBLIC COMMENTS -3- August 29, 2001 Agenda (4) REPORT OF AD HOC COMMITTEE CHAIR A. Revised Minutes of the August 2, 2000 Ad Hoc Committee Meeting re Urban Runoff Diversion Permit and Financing (Information Only) (5) REPORT OF GENERAL MANAGER (6) REPORT OF GENERAL COUNSEL (7) AD HOC COMMITTEES DISCUSSION ITEMS (Items A-C) A. Update on Urban Runoff Program B. Program Issues C. Committee Purpose and Goals (8) OTHER BUSINESS. COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY (9) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING (10) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT (11) FUTURE MEETING DATES The next Urban Runoff Ad Hoc Committee Meeting will be scheduled at the meeting. (12) CLOSED SESSION During the course of conducting the business set forth on this agenda as a regular meeting of the Ad Hoc Committee, the Chair may convene the Committee 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 Directors during a permitted closed session and are not available for public inspection. At such time as final actions are taken by the Board on any of these subjects, the minutes will reflect all required disclosures of information. -3- August 29, 2001 Agenda A. Convene in closed session, if necessary B. Reconvene in regular session C. Consideration of action, if any, on matters considered in closed session. (13) ADJOURNMENT jt GAwp.dlalagenda\Ad Hoc Committees\Urban RunoMOS2901 AH Committee Agenda.doc Notice to Committee Members: To place items on the agenda, Committee members should contact the Committee Chair or the Secretary ten days in advance of the Committee meeting. Committee Chair: Norm Eckenrode (714) 993-8261 (Placentia City Hall) Secretary: Jean Tappan (714) 593-7101 (714) 962-0356 (Fax) e-mail: jtappan@ocsd.com REVISED MINUTES OF AD HOC COMMITTEE MEETING RE URBAN RUNOFF DIVERSION PERMIT AND FINANCING Wednesday, August 2, 2000 at 4 p.m. A meeting of the Ad Hoc Committee re Urban Runoff Diversion Permit and Financing of the Orange County Sanitation District was held on Wednesday, August 2, 2000 at 4 p.m., in the District's Administrative Office. (1) The roll was called and a quorum declared present, as follows: AD HOC COMMITTEE MEMBERS: Directors Present: Jan Debay, Committee Chair Don Bankhead Guy Carrozzo Norm Eckenrode, Chair of the Board Peter Green, Vice Chair of the Board Shawn Boyd Brian Donahue Directors Absent: None (2) APPOINTMENT OF CHAIR PRO TEM No appointment was necessary. (3) AGENDA OTHERS PRESENT: Thomas Nixon, Office of General Counsel Don Hughes, Supervisor Silva's Office Vicki Wilson, OCPFRD Director Larry Paul, OCPFRD Manager STAFF PRESENT: Blake Anderson, General Manager Bob Ghirelli, Director of Technical Services Bob Ooten, Director of O&M Gary Streed, Director of Finance Kevin Hadden, Acting ECM Manager Lisa Lawson, Communications Manager Tom Meregillano, Regulatory Specialist Jean Tappan, Committee Secretary The agenda was posted in accordance with the requirements of California Government Code Section 54954.2. (4) PUBLIC COMMENTS There were no public comments. (5) APPROVE MINTUES OF PREVIOUS MEETINGS The minutes of the June 14 and July 12, 2000 meetings were approved as drafted. OCSD • P.O. Box 8127 • Fountain Valley, CA 92728-8127 9 (714) 962-2411 Minutes of the Ad Hoc Committee Meeting Page 2 August 2, 2000 (6) REPORT OF THE COMMITTEE CHAIR Chair Debay did not make a report. (7) REPORT OF THE GENERAL MANAGER General Manager Blake Anderson did not make a report. (8) DISCUSSION ITEMS A. Staff Report Bob Ghirelli, Director of Technical Services, provided an update on diverted flows being accepted into the District's treatment process. At this time there are a total of 12 diversions in place. There are no problems with the quality of the diverted flow or capacity. B. Vicky Wilson and Larry Paul, of the Orange County Public Facilities and Resources Department, explained their responsibilities regarding this issue. The County is the lead agency as it holds the NPDES permit, which applies to both stormwater and urban runoff water. Each city within the county pays a portion of the NPDES permit fee based on a pre -agreed fair share formula. If the county was to pay for the diversions, this same formula could be applied. It appears that the only available option at this time is diverting urban runoff to the Sanitation District for treatment. During the next 2-3 years, additional studies and discussions with regulators will be undertaken in an attempt to develop a final long- term solution. At this time the Clean Water Act is the driver and the County is required to respond and implement best management practices. EPA is looking at setting stormwater standards at both the national and state levels. Meeting those standards will require a cooperative effort by many agencies. C. Committee -led Discussion Tom Nixon, representing General Counsel, indicated that any fix that the Sanitation District decides to participate in is discretionary, as it is not in the purview of the agency. The policy adopted by the Board in April requires that only those areas where there could be environmental impacts from runoff and there are no other alternatives available could divert water to the sewer system. D. Committee Recommendation Motion: It was moved, seconded and duly carried to recommend that the Board adopt the de minimus option proposed by staff to set an aggregate flow cap at 10 mgd; waive fees as long as flows stay below 4 mgd (OCSD will absorb the first—$450,000 in Minutes of the Ad Hoc Committee Meeting Page 3 August 2, 2000 operations and maintenance costs); charge fees when flows exceed 4 mgd at the Class 1 industry rate for O&M only ($321 per million gallons); accommodate modest increases in dry season flows; and create incentives to limit diversions. (9) OTHER BUSINESS COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS IF ANY There were no other business, communications or supplemental agenda items. (10) MATTERS WHICH A DIRECTOR WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING There were none. (11) MATTERS WHICH A DIRECTOR MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION and STAFF REPORT There were none. (12) CONSIDERATION OF UPCOMING MEETINGS It was determined that there is no need for another meeting and the Ad Hoc Committee re Urban Runoff Diversion Policy and Financing will be sunset. Chair Debay expressed her appreciation to the members of the Committee and thanked them for their contributions and attendance. (13) ADJOURNMENT The Chair declared the meeting adjourned at 5:55 p.m. Submitted by: Jean Tappan Ad Hoc Committee Secretary HAwp.dWadminlGWdhoc-OOIUrban Runoff Policies and Rnancing1080200 Minules.doc RESOLUTION NO. OCSD 01-07 ESTABLISHING DRY WEATHER URBAN RUNOFF POLICY A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING DRY WEATHER URBAN RUNOFF POLICY, AND REPEAL RESOLUTION NO. OCSD 00-22 *********** WHEREAS, certain types of dry weather urban runoff create public health and/or environmental problems which are infeasible to economically or practically control; WHEREAS, THE Orange County Sanitation District ("District") has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept certain dry weather urban runoff discharges without adversely affecting the District's primary function of collection, treatment and disposal of sanitary sewer discharges; WHEREAS, District is willing to accept into its sewerage system aggregate dry weather urban runoff flow discharges not exceeding 10 million gallons per day ("mgd"); WHEREAS, District does not have system capacity available to allow wet weather discharges to the District's facilities; WHEREAS, District has developed a Dry Weather Urban Runoff Policy to address certain environmental concerns associated with dry weather runoff; WHEREAS, over the next three (3) years District intends to evaluate (1) sources of dry weather urban runoff; (2) the quality and quantity of dry weather urban runoff discharges to the sewerage system; and (3) District's costs associated with such discharges. The District anticipates that this policy may be revised as a result of such evaluation; WHEREAS, District may accept dry weather urban runoff, provided that the discharge occurs in full and complete compliance with the terms of this Dry Weather Urban Runoff Policy, including any subsequent amendments thereto; WHEREAS, District intends to initially waive fees and charges associated with authorized discharges of dry weather urban runoff to the sewerage system, where such runoff originates within the District's service area, until such time as (1) the total volume of all dry weather urban runoff discharges to the sewerage system exceeds four (4) mgd calculated on a monthly average or (2) the District otherwise modifies its dry weather urban runoff policy to require dischargers to pay for permit fees, sewer use charges, capital facilities charges, operations and maintenance costs and/or any other fees or charges which the District determines to impose on such discharges; WHEREAS, for purposes of this policy, "wet weather" shall mean any period during which measurable rainfall occurs in any portion of the District's service area and shall include the period following the cessation of rainfall until the District determines that the wet weather event is no longer impacting the District's collection, treatment and disposal facilities; and WHEREAS, for the purposes of this policy, "dry weather": shall mean any period which does not fall within the definitions of "wet weather." NO THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOVE, DETERMINE AND ORDER: Section 1: That the following Dry Weather Urban Runoff Policy is established as District Policy: POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM No person or entity shall discharge urban runoff, directly or indirectly, to the District's sewerage system during wet weather. The District may accept urban runoff into the sewerage system during dry weather conditions ("dry weather urban runoff') provided that the discharger meets the following requirements: A. Requirements for Obtaining Permission to Discharge The dry weather urban runoff diversion to the sewerage system shall address a public health or environmental problem associated with the runoff discharge that cannot be otherwise economically or practically controlled. 2. A dry weather urban runoff diversion structure shall be designed and installed and other necessary provisions shall be implemented to exclude storm and other runoff from entry into District's sewerage system during wet weather. The diversion structure shall be equipped with a lockable shut-off device, satisfactory to the District, and to which the District shall be provided access at all times; 3. Prior to commencement of discharge of the dry weather urban runoff to the sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater Discharge Permit ("permit") from the District. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather discharge is authorized in addition to or in lieu of issuance of the permit; 4. The permit applicant shall consider and evaluate the feasibility of other disposal alternatives (i.e., discharge into storm drains, reuse and reclamation of the runoff, etc.) for the discharge of the dry weather urban runoff. The permit applicant shall submit to the District a report, satisfactory to the District, evaluating each disposal alternative, and demonstrating why each alternative is not economically -or practically feasible to dispose of the proposed dry weather urban, runoff in lieu of sewer discharge; 5. The permit applicant's proposed diversion system shall prevent debris and any other pollutants of concern from entering the District's sewerage system. The permit applicant shall submit design drawings and an operations and maintenance plan for the proposed dry weather diversion structure which shall be sufficient to establish that all District requirements will be met to prevent pass through of and/or interference with the District's sewerage facilities. The diversion system shall be capable of measuring and recording on a daily basis the flow discharged to the sewerage system; 6. The permit applicant shall submit best management practices and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff. More stringent practices and strategies may be required depending on the nature of the anticipated discharge; 7. The permit applicant shall submit to the District a proposed method of guarantee the existence of an enforceable mechanism to ensure that the District receives payment for all monies due pursuant to this policy, and any amendments thereto, for as long as the discharge occurs. No permit application shall be complete without such an enforceable mechanism, satisfactory to the District in its sole discretion. This mechanism shall be designed to limit any administrative burden on the District; 8, The General Manager, or his designee, may impose additional requirements as may be appropriate to reduce the burden on the District's collection, treatment and disposal facilities; 9. Collection, treatment and disposal of sanitary sewer discharges remain the District's primary functions. No additional dry weather urban runoff permits shall be issued if the General Manager, or his designee, determines that such issuance may, alone or in conjunction with other permits, adversely affect the District's primary functions; and 10. The permit applicant shall indemnify and hold the District harmless from a# liability associated with the dry weather urban runoff to which the permit and/or agreement apply exce A for District's active negligence or intentional wrongful acts or omissions but inp�uding anv negligence which is alleged to have occurred with respect to any District action to render emergency assistance at the diversion system facilities in the event of an operational malfunction or other problem at such facilities. The terms of the indemnification shall be in a form satisfactory to District's General Counsel; B. Requirements After Granting Permission to Discharge The quality and quantity of the discharge shall meet the conditions, provisions or limitations contained in the District's Wastewater Discharge Regulations (Ordinance No. OCSD-01)'; 2. The permittee shall conduct self -monitoring for the pollutants of concern as directed. by the District to ensure compliance with the terms, conditions and limits set forth in the permit/agreement and the District's Ordinances. Unless otherwise directed, the permittee shall conduct self -monitoring of the discharge on a quarterly basis. The results of all self -monitoring shall be submitted to the District, upon request, but in no event later than forty- five (45) days following the completion of sample analysis. The permittee shall monitor the flow and submit reports documenting the quality and quantity of the flow discharged as directed by the District; 3. In the event that the quality or quantity of the dry weather urban runoff discharge to the sewerage system does not meet the conditions, provisions, or limitations set forth in the discharge permit/agreement or Ordinance No. OCSD-01, the permittee shall take immediate action to correct the problem(s) to ensure that full compliance is met. The District may take enforcement action for any violation of the terms of the permit/agreement and/or the District's Ordinances, including termination of the discharge, in accordance with the provisions of Ordinance No. OCSD-01; 4. Dischargers located within the District's service area shall not initially be required to pay any fees and charges associated with the authorized discharge of dry weather urban runoff to the District's sewerage system. Dischargers located outside the District's service area who the District authorizes to discharge dry weather urban runoff, directly or indirectly, to the District's sewerage system shall initially pay District operations and maintenance costs of $321.00 per million gallons discharged. Once the total volume of all dry weather urban runoff discharges to the District's Any reference in this policy to any District Ordinance, policy or permit shall include any subsequent amendments, modifications, revisions or successors to such ordinance, policy or permit. sewerage system exceeds (4) million mgd, all dischargers, including those for whom authorization to discharge has previously been granted, shall pay District operations and maintenance costs, initially at the rate of $321.00 per million gallons discharged. The District reserves the right to impose other fees and charges, including but not limited to permit fees, sewer use charges, capital facilities charges and modified operations and maintenance charges on all urban runoff discharges in accordance with any future amendment of this policy, and pursuant to any other current or future District Ordinances or policies. Failure to pay fees in a timely manner shall be cause for termination of the permit/agreement and the discharge. All dischargers shall, at all times, be subject to noncompliance sampling fees set forth in Ordinance No. OCSD-01; 5. The permittee shall provide District's employees with access to the diversion location and all areas from which and through runoff originates and/or flows, during all reasonable hours, which shall include any time when a discharge to the sewerage system may be occurring, for purposes of inspection, monitoring, and verifying compliance with the permit/agreement and/or the District's Ordinances; 6. The permittee shall have complete responsibility for the construction, operation and maintenance of the diversion facility or any other associated facilities and for ensuring compliance with the terms and conditions of the discharge permit/agreement and the District's Ordinances; 7. No later than the commencement of any measurable rainfall, each discharger of urban runoff shall shut off the flow of urban runoff (and accompanying storm water) to the District's sewerage system. The discharge shall not resume until the discharger has obtained District approval for the resumption of the discharge. Such approval shall not be deemed effective until the discharger provides written confirmation to the District of approval, which confirmation shall include the first and last name of the District employee providing such approval and the time at which such approval was issued; & If the District determines that the dry weather runoff, alone or in conjunction with other discharges, is adversely affecting or threatening to adversely affect the District's collection, treatment and/or disposal facilities, the District shall so notify the permittee who shall immediately cease all such discharge to the sewerage system. The District may, in its sole discretion, allow the continued discharge provided that the permittee installs, operates and maintains additional facilities as the Districts determines are appropriate to ensure that the dry weather runoff does not, alone or in conjunction with other discharges, adversely affect or threaten to adversely affect the District's collection treatment and/or disposal facilities; 9. Under no circumstances shall District authorization to discharge dry weather urban runoff to the District's sewerage system be deemed to provide a vested right for such discharge; and 10. Except as expressly authorized by this policy or a District Ordinance, no urban runoff shall be discharged directly or indirectly into the District's facilities. PASSED AND ADOPTED at a regular meeting held March 28, 2001. A 5T: Board Se retary G:\wp.dta\admin\BS\Resolutions\2001NOl-07.doc Tappan,Jean From: Anderson, Blake Sent: Tuesday, August 14, 2001 5:36 PM To: 'GetCre8v@aol.com'; Donald.Hughes@ocgov.com; TRidgeway@city.newport-beach.ca.us; Tappan, Jean; evaa@ci.fullerton.ca.us; Connie.Downing@ocgov.com; neckenrode01- @home.com; PPcgreen@aol.com Cc: Anderson, Blake; Ghirelli, Robert; Tappan, Jean; EMT Subject: What About this here Urban Runoff Ad Hoc Committee Meeting? Several members of the Sanitation District Board have received an inquiry to set the first meeting of this new ad hoc committee. Beth's question below prompts me to give you some background about what this is all about. The board asked the Chair to establish an ad hoc committee on urban runoff back in June: Bob Ghirelli and I have been so overwhelmed on other matters, we just haven't been able to act on the request up until now. Last week's headlines about EPA letters of inquiry to coast cities plus the news that the Regional Water Quality Control Board has the draft of a new stormwater permit in the mill for Orange County now makes it more important than ever before to get the wheels going on this committee. Hence, the earlier e-mail trying to set a date for the first meeting of the committee. The membership is presently proposed to consist of Boyd as Chair, Eckenrode, Green, Ridgeway, Silva, Bankhead, Steve Anderson, Krom. The committee is a balance of inland and coastal, small and large, conservative and liberal, old and new directors. The idea is for the committee to discuss and recommend possible actions that the Sanitation District may wish to take on urban runoff matters. BACKGROUND During the summer of 1999, when it became obvious from our testing that dry weather urban runoff was a significant part of the problem in Huntington Beach, we took the extraordinary and purely voluntary action of allowing the diversion of dry weather urban runoff into convenient local sanitary sewers that are connected to our regional trunkline system that flows to our Huntington Beach treatment plant. Overnight, the bacterial counts in Huntington Beach fell to half or less of what they had previously been. Chronic closures of the beach stopped. The City of Huntington Beach, the County of Orange, and the Sanitation District quickly took action and caused these diversions to occur —once we were aware of the problem. TODAY: AWARENESS AND ACCOMODATION We, in effect, went from awareness to accomodation during that summer. Today we are accepting about 2 MGD of dry weather urban runoff. Our board adopted a policy to accept up to 4 MGD of flow --that's millions of gallons per day --without charging the agencies giving us the flow. At the point the total diverted flow from all sources reaches 4 MGD we will start recovering the actual cost of treatment which is currently estimated to be $321 per million gallons. The board also adopted an upper limit of 10 MGD. Remembering that our total sewage flow is approximately 240 MGD during non -rainy months and sometimes peaks at 550 MGD during extreme storm conditions, its fairly easy to see that we have considerable DRY weather capacity that we can use for this purpose. But we are also still learning about the effects --if any --on our finall effluent quality with respect to certain pesticides and other compounds that are commonly used on the lawns of the homes and businesses in our service area. Compounds that may find themselves in the dry weather urban runoff that comes from the lawns, driveways, golf courses, parks, parking lots, streets and alleys of the urban setting of Orange County. It is for this reason that we set the limit of 10 MGD on the total amount of diversions we will accomodate until we are more confident about understanding their affects. Also, we set the 4 MGD threshold on charging others with the hope of incentivizing other management practices. Frankly, we didn't want the good of Sanitation District being the be all and the end all for these problems. We believed (and still do) that an integrated approach of multiple management practices is the only effective way of achieving the dual purpose of improving our urban watersheds and protecting beach quality. TOMORROW: WHERE DO WE TAKE THE CONCEPT NEXT? Beyond accomodation of dry weather urban runoff is the concept of promoting it. And beyond promoting it is helping to coordinate it and manage it. And beyond that is leadership and visioning of the concept. Frankly, its too early to know where the Sanitation District should land in this spectrum of possibilities. There's our own core mission to think about and the philosophy we want to embrace in helping to solve water quality problems here in Orange County. And, probably even more important, are the roles that the County of Orange and the cities themselves have in managing the problem of stormwater and dry weather urban runoff. Depending upon funding opportunites and abilities, government's abilities to act quickly, comprehensively and cooperatively (oftentimes three mutually exclusive abilities), the patience and expectations of our citizens, and other factors that undoubtedly come to your own minds, the choices of who, what, when, and how to solve a problem are many. In short, whose job is it anyway?? ROLE OF THE AD HOC COMMITTEE The role and charter of the committee will be decided by the committee and by the full board. It will probably evolve over time But let me start the discussion going by proposing that the committee be at least the•sounding board and communication medium between our large, experienced, and competent regional agency with the other equally competent government players (cities, County, California, and EPA). What policies, programs, and practices should the Sanitation District elect to adopt that add to the collective solution? There's lots of work ahead and many willing hands. The.trick is for the Sanitation District to be helpful and cooperative without getting in the way of other agencies with far clearer responsiblities for managing urban water quality problems here in Orange County. We're good at this stuff. I've got plenty of examples of how we have constructively and proactively involved ourselves in these kind of wide issues that impact us all. The question is where does our job begin and end? The Ad Hoc Committee will chew on that one for sure. And does this committee sunset in the not -too -distant future? Depends. Talk to Bob Ghirelli, Blake Anderson, Shawn Boyd, or Norm Eckenrode is you have any questions Blake P. Anderson General Manager Orange County Sanitation District 10844 Ellis Ave. Fountain Valley, CA Office 714.593.7110 Fax 714.962.0356 Cell 714.801.3931 [mailto:BANDERSON@OCSD.COM] -----Original Message ----- From: GetCre8v@aol.com [mailto:GetCre8v@aol.com] Sent: Tuesday, August 14, 2001 2:14 PM To: Donald.Hughes@ocgov.com; TRidgeway@city.newport-beach.ca.us; JTAPPAN@ocsd.com; evaa@ci.fu€lerton.ca.us; Connie.Downing@ocgov.com; neckenrode0l @home.com; PPcgreen@aol.com Cc: BANDERSON@ocsd.com; RGHIRELLI@ocsd.com Subject: Re: Proposed Dates of Urban Runoff Ad Hoc Committee Meeting This is Beth Krom. I could do the 8/29 or 9/4, but not 9/20— when you confirm the date, please give me more info about the mtg. as well. Thank you