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HomeMy WebLinkAbout04-10-2024 Late Communication April 10, 2024 TO: Administration Committee Orange County Sanitation District FROM: Kelly Lore Clerk of the Board RE: LATE COMMUNICATION The Clerk of the Board received a modification to Item No. 5 and Item No. 6 from Director of Finance Wally Ritchie after the publication of the agenda. The recommendations have been amended as redlined, and a final version of the Ordinances are attached for your reference. NON-CONSENT CALENDAR: 5. PROPOSED ORDINANCE NO. OC SAN-59A AMENDING ORDINANCE 2024-3547 NO. OC SAN-59 TO CORRECT AN ERROR IN THE TABLE D OF SECTION 2.10(B) RECOMMENDATION: Recommend to the Board of Directors to: A. Motion to read Ordinance No. OC SAN-59A by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-59A entitled, “An Ordinance of the Board of Directors of the Orange County Sanitation District, Amending Ordinance No. OC SAN-59 to correct an error in the table of Section 2.10(B) Table D”; C. Set May 22, 2024 as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-59A; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. 6. PROPOSED ORDINANCE NO. OC SAN-60A AMENDING ORDINANCE 2024-3548 NO. OC SAN-60 TO CORRECT ERRORS IN ARTICLE II, TABLE F AND TABLE G RECOMMENDATION: Recommend to the Board of Directors to: A. Motion to read Ordinance No. OC SAN-60A by title only and waive reading of said entire Ordinance; B. Introduce Ordinance No. OC SAN-60A entitled, “An Ordinance of the Board of Directors of the Orange County Sanitation District, Amending Ordinance No. OC SAN-60 to correct errors in Article II, Table F and Table G”; C. Set May 22, 2024 as the date of the Public Hearing to hear protests and for the second reading of Ordinance No. OC SAN-60A; and D. Direct the Clerk of the Board to publish summaries of the Ordinance as required by law. OC SAN-59A-1 ORDINANCE NO. OC SAN-59A AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, AMENDING ORDINANCE NO. OC SAN-59 TO CORRECT AN ERROR IN THE TABLE D OF SECTION 2.10(B) WHEREAS, Ordinance No. OC SAN-59, established adopted charges and fees for Capital Facilities Capacity Charges (“Capacity Charges”) to fund new capital projects or improve existing capital projects; and WHEREAS, the Board of Directors wishes to amend Ordinance No. OC SAN-59 to correct a clerical error in Section 2.10(B) shown in Exhibit “A”Table D, which was discovered after the adoption of said Ordinance. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: U Section 1: Table D Section 2.10(B) of Ordinance No. OC SAN-59 is hereby amended as shown on to with the corrected table in Exhibit “A” attached hereto and incorporated herein by reference . Section 2: If any provision of this Ordinance is adjudged by a Court of proper jurisdiction to be invalid, or unenforceable, it is the intention of the governing body adopting this Ordinance, that all other provisions shall be valid and enforceable. Section 3: This Ordinance shall be effective thirty (30) days after adoption. Section 4: The Clerk of the Board shall Certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held on May 22, 2024. ______________________________ Chad P. Wanke Chairman, Board of Directors Orange County Sanitation District OC SAN-59A-2 ATTEST: ____________________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District APPROVED AS TO FORM: ____________________________________ Bradley R. Hogin General Counsel Orange County Sanitation District OC SAN-59A-3 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-59A was introduced for first reading at a regular meeting of said Board on the 24th day of April, 2024, and second reading at a regular meeting of said Board on the 22nd day of May, 2024, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May, 2024. _______________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District OC SAN-59A-4 Exhibit “A” Section 2.10. Supplemental Capital Facilities Capacity Charge: Existing Significant Commercial – Industrial Users and Special Purpose Dischargers. A. All Existing Significant Commercial – Industrial Users connected to and discharging to OC San’s System shall be required to pay a Supplemental Capital Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow of 25,000 gallons per day (“gpd”), or 25% per day over its established baseline authorization, whichever is lesser; or (ii) an increase of either BOD or SS discharge of 150 pounds each per day, or 25% each per day, whichever is lesser, over its established baseline authorization. The daily averages will be based on the daily discharges for a year, utilizing discharge records and reports of the discharger or OC San. B. The Supplemental Capital Facilities Capacity Charge shall be in the following amounts for each component that is increased as provided in Section 2.10A above. TABLE D SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES Daily Charge 2023-24 2024-25 2025-26 2026-27 2027-28 FLOW $0.002140 *TBD *TBD *TBD *TBD BOD $0.500630 *TBD *TBD *TBD *TBD SS $0.303640 $0.336440 $0.369240 $0.402040 $0.434830 *Adjusted Annually by the Engineering News Record Construction Cost Index FLOW – Gallons Per Day BOD – Pounds Per Day SS – Pounds Per Day OC SAN-60A-1 ORDINANCE NO. OC SAN-60A AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT, AMENDING ORDINANCE NO. OC SAN-60 TO CORRECT ERRORS IN ARTICLE II, TABLE F AND TABLE G. WHEREAS, Ordinance No. OC SAN-60, adopted established charges and fees on industrial dischargers, source control permittees, and wastehaulers for services and facilities furnished by the Orange County Sanitation District (OC San) in connection with OC San’s sewage collection, treatment, disposal, and reuse system; and WHEREAS, the Board of Directors wishes to amend Ordinance No. OC SAN-60 to correct clerical errors in Article II, Table F and Table G, shown in Exhibit “A”, which were discovered after the adoption of said Ordinance. NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does hereby ORDAIN: U Section 1: Article II, Table F and Table G of Ordinance No. OC SAN-60 isare hereby amended to with the corrected tableas shown on in Exhibit “A” attached hereto and incorporated herein by reference.. Section 2: If any provision of this Ordinance is adjudged by a Court of proper jurisdiction to be invalid, or unenforceable, it is the intention of the governing body adopting this Ordinance, that all other provisions shall be valid and enforceable. Section 3: This Ordinance shall be effective thirty (30) days after adoption. Section 4: The Clerk of the Board shall Certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as required by law. PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of Directors of the Orange County Sanitation District at a Regular Meeting held on May 22, 2024. ______________________________ Chad P. Wanke Chairman, Board of Directors Orange County Sanitation District OC SAN-60A-2 ATTEST: ____________________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District APPROVED AS TO FORM: ____________________________________ Bradley R. Hogin General Counsel Orange County Sanitation District OC SAN-60A-3 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-60A was introduced for first reading at a regular meeting of said Board on the 24th day of April, 2024, and second reading at a regular meeting of said Board on the 22nd day of May, 2024, by the following vote, to wit: AYES: NOES: ABSTENTIONS: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May, 2024. _______________________________ Kelly A. Lore, MMC Clerk of the Board Orange County Sanitation District OC SAN-60A-4 Exhibit “A” TABLE F INDUSTRIAL DISCHARGER, SOURCE CONTROL AND NON-COMPLIANCE SAMPLING FEES Charge Cost of Processing and Sampling Following a Minor Violation $200.00/event Cost of Processing and Sampling Following a Major Violation $400.00/event Non-Compliance Resampling Fee $275.00/event Cost of Analysis per Fiscal year Heavy Metals: 2023-24 2024-25 2025-26 2026-27 2027-28 $52.00 $54.00 $56.00 $58.00 $60.00 - Aluminum - Antimony - Arsenic - Cadmium - Chromium - Copper - Gold - Lead - Molybdenum - Nickel - Palladium - Platinum - Selenium - Silver - Thallium - Tin - Titanium - Vanadium - Zinc Per Fiscal Year 2023-24 2024-25 2025-26 2026-27 2027-28 Ammonia Analysis as Nitrogen $38.00 $39.00 $40.00 $41.00 $43.00 Biochemical Oxygen Demand (BOD) $57.00 $59.00 $60.00 $62.00 $64.00 BOD and Suspended Solids (SS) Analysis $114.00 $117.00 $121.00 $124.00 $128.00 Chemical Oxygen Demand $38.00 $39.00 $40.00 $41.00 $43.00 Conductivity $76.00 $78.00 $81.00 $83.00 $85.00 Cyanide (Amenable) $171.00 $176.00 $181.00 $187.00 $182192.00 Cyanide (Total) $99.00 $102.00 $105.00 $108.00 $111.00 Total Radium Determination $207.00 $213.00 $219.00 $226.00 $232.00 OC SAN-60A-5 Gross Alpha and Beta Determination $111.00 $114.00 $117.00 $121.00 $124.00 Tritium Determination $102.00 $105.00 $108.00 $112.00 $115.00 Oil & Grease (Hexane Soluble Matter) $95.00 $98.00 $101.00 $104.00 $107.00 Total Organic Nitrogen $76.00 $78.00 $81.00 $83.00 $85.00 pH $38.00 $39.00 $40.00 $41.00 $43.00 Fluoride $38.00 $39.00 $40.00 $41.00 $43.00 Suspended Solids (Total) $57.00 $59.00 $60.00 $62.00 $64.00 Suspended Solids (Total and Volatile) $171.00 $176.00 $181.00 $187.00 $184192.00 Total Dissolved Solids $57.00 $59.00 $60.00 $62.00 $64.00 Total Sulfides $83.00 $87.00 $89.00 $92.00 $95.00 Strontium Determination $134.00 $138.00 $142.00 $146.00 $150.00 Uranium Determination $45.00 $46.00 $48.00 $49.00 $50.00 Mercury (EPA 245.1) $76.00 $78.00 $81.00 $83.00 $86.00 Pharmaceutical Industry (EPA 1666) $342.00 $352.00 $363.00 $374.00 $385.00 Chlorinated Pesticides and Aroclors (EPA 608) $128.00 $132.00 $136.00 $140.00 $144.00 Volatile Organics (EPA 624) $304.00 $313.00 $322.00 $332.00 $342.00 Semi-Volatile Organics (EPA 625) $683.00 $704.00 $725.00 $747.00 $769.00 PFAS $413.00 $431.00 $444.00 $457.00 $471.00 Dissolved Sulfides $58.00 $60.00 $62.00 $64.00 $66.00 U SELF-MONITORING AND DATA REPORTING UNON-COMPLIANCE Cost of Processing and Issuing Significant Non-Compliance Notification $165.00 Cost of Processing Annual SNC and Publication $485.00 Non-Compliance Appeal Filing Fee* $150.00 *Filing Fee will be refunded if customer wins appeal OC SAN-60A-6 TABLE G UCLASS I AND CLASS II PERMITTEES AND USPECIAL PURPOSE DISCHARGE PERMITTEES CHARGES FOR USE (Fiscal Year) Class I and II 2023-24 2024-25 2025-26 2026-27 2027-28 Flow (*) $1676.09 $1754.41 $1836.37 $1922.17 $2011.98 B.O.D. (**) $705.08 $744.23 $785.55 $829.17 $875.21 S.S. (***) $815.51 $855.92 $898.34 $842942.86 $989.58 Special Purpose Discharge Permit 2023-24 2024-25 2025-26 2026-27 2027-28 Flow (*) (Fiscal Year) $1676.09 $1754.41 $1836.37 $1922.17 $2011.98 (*) Flow Per million gallons of Flow (**) B.O.D. Per thousand pounds of Biochemical Oxygen Demand (***) S.S. Per thousand pounds of Suspended Solids All properties located within Revenue Area No. 14 pay no annual service fees. OC San’s costs relating to providing service to these properties are billed by OC San directly to the Irvine Ranch Water District, the local agency providing the local sewer service.