Agenda July 21, 2016 - East Orange County Water District

Agenda July 21, 2016 - East Orange County Water District
July 18, 2016
185 N. McPherson Rd.
Orange, California
92869-3720
714.538.5815 phone
714.538.0334 fax
Board of Directors
East Orange County Water District
185 N. McPherson Road
Orange, California 92869
www.eocwd.com
Dear Members of the Board,
BOARD OF DIRECTORS
Douglass S. Davert
President
Richard B. Bell
Vice President
Please be advised that the regular meeting of the Board of Directors of
the East Orange County Water District will be held on Thursday, July 21, 2016,
at 5:00 p.m. in the offices of the East Orange County Water District, 185 N.
McPherson Road, Orange, California. Enclosed please find the agenda for the
meeting.
Very truly yours,
John Dulebohn
Director
EAST ORANGE COUNTY WATER DISTRICT
Seymour (Sy) Everett
Director
By:
John L. Sears
Director
Lisa Ohlund
General Manager
JCA/
Enclosures
cc:
Mailing List
00190740.14
Joan C. Arneson
Secretary
7-21-16
AGENDA
EAST ORANGE COUNTY WATER DISTRICT
(EOCWD)
Thursday,
July 21, 2016
185 N. McPherson Road, Orange, California
5:00 p.m.
1.
Call Meeting to Order and Pledge of Allegiance – President Davert
2.
Public Communications to the Board
3.
Addition of Items Arising After Posting of Agenda Requiring Immediate Action
(Requires 2/3 vote or unanimous vote if less than 2/3 of members are present)
Recommended Motion: “THAT IT BE DETERMINED THAT THE NEED TO TAKE
IMMEDIATE ACTION ON [SPECIFY ITEM(S)] CAME TO THE DISTRICT’S ATTENTION AFTER
POSTING OF THE AGENDA AND THAT SUCH ITEM(S) BE ADDED TO THE AGENDA”
4.
Consent Calendar (all matters listed are recommended for enactment without discussion by
a single motion; a member of the Board may request that any item be removed for
discussion)
Recommended Motion: “THAT THE CONSENT CALENDAR ACTIONS BE ADOPTED AS
FOLLOWS”
A.
Minutes (Exhibit “A”): “THAT THE MINUTES OF THE JUNE 16, 2016 MEETING BE
APPROVED AS SUBMITTED”
B.
General Manager’s Report (Exhibit “B”): “THAT THE GENERAL MANAGER’S REPORT
BE RECEIVED AND FILED”
C.
Reduction of employer-paid member contribution to Public Employees’ Retirement
System and modifications to Personnel Policy (Exhibit “C”): “THAT RESOLUTION
NOS. ___ AND ___ BE ADOPTED, ENTITLED ‘RESOLUTION OF THE BOARD OF
DIRECTORS OF EAST ORANGE COUNTY WATER DISTRICT MODIFYING EMPLOYER
PAYMENT OF EMPLOYEE CONTRIBUTION TO PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM’ AND ‘RESOLUTION OF THE BOARD OF DIRECTORS OF EAST ORANGE
COUNTY WATER DISTRICT RESCINDING RESOLUTION NO. 753 AND ADOPTING
REVISED PERSONNEL POLICY’”
(Next available Resolution No: 775)
7-21-16
5.
D.
Award of Corrosion Protection Contract (Exhibit “D”): “THAT THE CONTRACT FOR
STAGE 2 CORROSION PROECTION SERVICES BE AWARDED TO V&A
ENGINEERS FOR A NOT-TO-EXCEED COST OF $48,297”
E.
Wastewater Discharge Regulations (Exhibit “E”): “DECLARE INTENTION TO RETAIN
IN FULL FORCE AND EFFECT IN IMPROVEMENT DISTRICT NO. 1 OF THE DISTRICT,
ORANGE COUNTY SANITATION DISTRICT ORDINANCE ESTABLISHING
WASTEWATER DISCHARGE REGLATIONS, AS AMENDED FROM TIME TO TIME’’”
F.
Local Sanitary Sewer Service Charges (Exhibit “F”): “DECLARE INTENTION TO
RETAIN IN FULL FORCE AND EFFECT IN IMPROVEMENT DISTRICT NO. 1 OF THE
DISTRICT, ORANGE COUNTY SANITATION DISTRICT ORDINANCE ESTABLISHING
LOCAL SANITARY SEWER SERVICE CHARGES AND TABLE B PROPERTY USE
CLASSIFICATIONS, AS AMENDED FROM TIME TO TIME’”
G.
Fats, Oil and Grease Control (Exhibit “G”): “DECLARE INTENTION TO RETAIN IN
FULL FORCE AND EFFECT IN IMPROVEMENT DISTRICT NO. 1 OF THE DISTRICT,
ORANGE COUNTY SANITATION DISTRICT ORDINANCE ADOPTING FATS, OILS
AND GREASE CONTROL REGULATIONS APLICABLE TO FOOD SERVICE
ESTABLSHMENTS, AS AMENDED FROM TIME TO TIME’”
H.
Award of Purchase of Sewer First Responder Vehicle (Exhibit “H”): “THAT THAT THE
CONTRACT FOR THE PURCHASE OF A FIRST RESPONDER VEHICLE BE AWARDED
TO DOWNTOWN FORD IN THE AMOUNT OF $40,274.79”
I.
Strategic Plan Semi-Annual Update (Exhibit “I”): “THAT THE SEMI-ANNUAL
STRATEGIC PLAN UPDATE BE RECEIVED AND FILED AND POSTED BY THE
GENERAL MANAGER AS REQUIRED”
Operation, Management and Construction Matters
A.
Presentation by MWDOC Director Larry Dick congratulating EOCWD customers on
achievement of 36% water conservation (Exhibit “J”)
B.
Nomination of President Doug Davert for Third Vice-President Seat on Independent
Special Districts of Orange County (ISDOC) Board of Directors (Exhibit “K”)
Recommended Motion: “THAT RESOLUTION NO. ___ BE ADOPTED, ENTITLED
‘RESOLUTION OF THE BOARD OF DIRECTORS OF EAST ORANGE COUNTY WATER
DISTRICT DECLARING SUPPORT FOR THE CANDIDACY OF PRESIDENT DOUG DAVERT
FOR THE THIRD VICE-PRESIDENT SEAT ON THE ISDOC BOARD OF DIRECTORS’”
C.
00191891 –
Award of contract for ID1 Sewer Line Cleaning (Exhibit “L”)
-2-
7-21-16
Recommended Motion: “THAT THE CONTRACT FOR SEWER LINE CLEANING BE
AWARDED TO PERFORMANCE PIPELINE TECHNOLOGIES, INC., FOR A NOT-TOEXCEED COST OF $375,000”
D.
Award of contract for Sewer System CCTV Services (Exhibit “M”)
Recommended Motion: “THAT THE CONTRACT FOR SEWER SYSTEM CCTV SERVICES BE
AWARDED TO PROFESSIONAL PIPE SERVICES FOR A NOT-TO-EXCEED COST OF
$98,433.75”
E.
Award of contract for Root Control (Exhibit “N”)
Recommended Motion: “THAT THE CONTRACT FOR SEWER ROOT CONTROL SERVICES
BE AWARDED TO PROFESSIONAL PIPE SERVICES FOR A NOT-TO-EXCEED COST OF
$30,000”
F.
Award of contract for FOG Control Program (Exhibit “O”)
Recommended Motion: “THAT THE CONTRACT FOR FOG CONTROL SERVICES BE
AWARDED TO EEC ENVIRONMENTAL FOR A NOT-TO-EXCEED COST OF $63,000”
G.
Award of contract for Cured-In-Place Pipe Services (Exhibit “P”)
Recommended Motion: “THAT THE CONTRACT FOR CURED-IN-PLACE PIPE SERVICES
BE AWARDED TO SANCON, INC., FOR A NOT-TO-EXCEED COST OF $100,000”
H.
Award of contract for Manhole Frame and Cover Repair Services (Exhibit “Q”)
Recommended Motion: “THAT THE CONTRACT FOR MANHOLE FRAME AND COVER
REPAIR SERVICES BE AWARDED TO AYALA ENGINEERING FOR A NOT-TO-EXCEED COST
OF $50,000”
I.
Award of Contract to Lewis Consulting Group (Exhibit “R”)
Recommended Motion: “THAT A CONTRACT WITH LEWIS CONSULTING GROUP FOR
PROVISION OF GOVERNMENTAL CONSULTING SERVICES, IN THE NOT-TO-EXCEED
AMOUNT OF $18,000 FOR THE PERIOD AUGUST 1, 2016 TO JULY 31, 2017, BE APPROVED”
J.
Award of Contract to Townsend Public Affairs (Exhibit “S”)
Recommended Motion: “THAT A CONTRACT WITH TOWNSEND PUBLIC AFFAIRS FOR
PROVISION OF LEGISLATIVE AND FUNDING ADVOCACY SERVICES, IN THE NOT-TOEXCEED AMOUNT OF $30,000 FOR THE PERIOD AUGUST 1, 2016 TO JULY 31, 2017, BE
APPROVED”
00191891 –
-3-
7-21-16
K.
Schedule special Board workshop on sewer system overview (Exhibit “T”)
Recommended Motion: “THAT A WORKSHOP MEETING BE HELD ON TUESDAY, AUGUST
9, 2016 AT 5:00 P.M. FOR A SEWER SYSTEM POLICY AND MANAGEMENT OVERVIEW”
[ADJOURN TO WORKSHOP]
6.
Financial Matters
A.
Approval of schedules of disbursements (Exhibit “U”)
B.
Report on investments/ ratification of investment activity (Exhibit “V”)
C.
Receipt and filing of financial statements (May 31) – (Exhibit “W”)
Recommended Motion: “THAT THE SCHEDULES OF DISBURSEMENTS BE APPROVED AS
SUBMITTED, THAT THE SCHEDULES OF INVESTMENTS BE RATIFIED AND APPROVED,
AND THAT THE FINANCIAL STATEMENTS BE RECEIVED AND FILED”
D.
2016-17 Sewer System Budgets (Operating and Capital Projects) (Exhibit “X”)
(1)
Presentation and committee report
(2)
Adoption
Recommended Motion: “THAT RESOLUTION NO. ___ BE ADOPTED, ENTITLED:
‘RESOLUTION OF THE BOARD OF DIRECTORS OF EAST ORANGE COUNTY WATER
DISTRICT ADOPTING OPERATING AND CAPITAL PROJECTS BUDGETS AND MAKING
DETERMINATION RELATIVE TO APPROPRIATIONS SUBJECT TO LIMITATION FOR
2016/2017 FISCAL YEAR (IMPROVEMENT DISTRICT 1)’”
E.
Award of Contract to Citizens Business Bank for banking services (Exhibit “Y”)
Recommended Motion: “THAT RESOLUTION NO. ___ BE ADOPTED, ENTITLED:
‘RESOLUTION OF THE BOARD OF DIRECTORS OF EAST ORANGE COUNTY WATER
DISTRICTRETAINING CITIZENS BUSINESS BANK FOR THE PROVISION OF BANKING
SERVICES AND RESCINDING AUTHORIZATION TO VALIFORNIA BANK & TRUST
EFFECTIVE SEPTEMBER 1, 2016’”
F.
Chandler Asset Management, Inc., Investment Management (Exhibit “Z”)
Recommended Motion: “THAT THE INVESTMENT MANAGEMENT AGREEMENT WITH
CHANDLER ASSET MANAGEMENT, INC., BE APPROVED, THAT THE GENERAL MANAGER
00191891 –
-4-
7-21-16
BE AUTHORIZED TO EXECUTE THE AGREEMENT, AND THAT PARAMETERS FOR THE
INCLUDED INVESTMENTS BE ESTABLISHED, ANDTHAT RESOLUTION NO. ___ BE
ADOPTED, ENTITLED:
‘RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST ORANGE COUNTY WATER
DISTRICT AMENDING INVESTMENT POLICY AND AUTHORIZATION TO THE TREASURER
TO INVEST FUNDS’ ”
7.
Miscellaneous Matters
A.
Reports from committees and representatives to organizations
B.
Directors’ reports on meetings attended at District expense (Government Code
Section 53232.3)
C.
Authorization of conference/meeting attendance (Exhibit “AA”)
(1)
Urban Water Institute Annual Conference (San Diego, August 24-26, 2016)
D.
Local sewer service transfer (Orange County San #7 reorganization) - status report
(Exhibit “BB”)
E.
Wholesale and retail water usage report (Exhibit “CC”)
Recommended Motion: “THAT THE WHOLESALE AND RETAIL WATER USAGE REPORT
BE RECEIVED AND FILED”
8.
Informational Items
A.
9.
General interest publications (Exhibit “1”)
Closed Sessions
A.
Closed session – conference with real property negotiators (Government Code
Section 54956.8)
Property: premises leased for telecommunications at 9312 Jamboree Road/9764½
Handy Creek Road, Orange
Negotiating Parties: Crown Castle MU LLC
Agency Negotiator: General Manager Ohlund
Under negotiation: price and terms of payment (lease amendment)
B.
Closed session – conference with Legal Counsel – anticipated litigation – initiation of
litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section
54969.9
Open session
00191891 –
-5-
7-21-16
10.
Adjournment
[See item 5(K) above] The scheduled date of the next Regular Meeting of the Board of
Directors is August 18, 2016, at 5:00 p.m., in the offices of the East Orange County Water
District, 185 N. McPherson Road, Orange, California
************
Availability of agenda materials: Agenda exhibits and other writings that are disclosable public
records distributed to all or a majority of the members of the East Orange County Water District
Board of Directors in connection with a matter subject to discussion or consideration at an open
meeting of the Board are available for public inspection in the District’s office, 185 N. McPherson
Road, Orange, California (“District Office”). If such writings are distributed to members of the Board
less than 72 hours prior to the meeting, they will be available at the reception desk of the District
Office during business hours at the same time as they are distributed to the Board members, except
that if such writings are distributed less than one hour prior to, or during, the meeting, they will be
available in the meeting room of the District Office.
Disability-related accommodations: The East Orange County Water District Board of Directors
meeting room is wheelchair accessible. If you require any special disability-related accommodations
(e.g., access to an amplified sound system, etc.) please contact Sylvia Prado in the District Office at
(714) 538-5815 during business hours at least seventy-two (72) hours prior to the scheduled meeting.
This agenda can be obtained in alternative format upon written request to Sylvia Prado in the
District Office, at least seventy-two (72) hours prior to the scheduled meeting.
00191891 –
-6-
6-16-16
MINUTES OF THE REGULAR MEETING
OF THE BOARD OF DIRECTORS OF
EAST ORANGE COUNTY WATER DISTRICT
June 16, 2016
1.
Call to Order. A Regular Meeting of the Board of Directors of the East Orange County
Water District was called to order by DOUGLASS DAVERT, President of the Board of Directors,
at 5:00 p.m. on Thursday, June 16, 2016, in the offices of the East Orange County Water
District, 185 N. McPherson Road, Orange, California. JOAN ARNESON, Secretary, recorded
the minutes of the meeting.
The following Directors were present: RICHARD BELL, DOUGLASS DAVERT, JOHN
DULEBOHN, SEYMOUR EVERETT and JOHN SEARS. Also present were:
LISA OHLUND
JERRY MENDZER
SYLVIA PRADO
JOAN ARNESON
BILL EVEREST
BRIAN LOCHRIE
SARINA SRIBOONLUE
KEVIN RICE
KEN VECCHIARELLI
ART VALENZUELA
JUSTIN GLOVER
DAVID CORDERO
General Manager
Maintenance & Operations Superintendent
District Administrative Assistant
District Secretary and Legal Counsel
District Consultant
CommunicationsLab
Arcadis
Member, Citizens Advisory Committee
Golden State Water Company
City of Tustin
CommunicationsLab
CommunicationsLab
2.
Public Communications to the Board.
None.
3.
Items Arising After Posting of Agenda. None.
4.
Consent Calendar.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the consent calendar
actions were adopted as follows.
A.
Minutes: “THAT THE MINUTES OF THE MAY 10 AND MAY 19, 2016 MEETINGS
BE APPROVED AS SUBMITTED”
B.
General Manager’s Report: “THAT THE GENERAL MANAGER’S REPORT BE
RECEIVED AND FILED”
00191890 18
-1-
6-16-16
5.
C.
2016 Consumer Confidence Report: “THAT THE 2016 WATER QUALITY
REPORT BE RECEIVED AND FILED AND POSTED BY THE GENERAL MANAGER
AS REQUIRED”
D.
Orange County Sanitation District Capital Facilities Capacity Charge
Agreement: “THAT THE AGREEMENT WITH OCSD FOR COLLECTION OF
OCSD SEWER CAPITAL FACILITIES CAPACITY CHARGES BE APPROVED AND
THAT THE GENERAL MANAGER BE AUTHORIZED TO EXECUTE THE
AGREEMENT ON BEHALF OF THE DISTRICT, SUBJECT TO NONSUBSTANTIVE
CHANGES”
E.
California Special Districts Association (CSDA) Election: “PROVIDE DIRECTION
TO THE PRESIDENT OF THE BOARD TO CAST THE DISTRICT’S VOTE FOR BILL
NELSON AS CANDIDATE FOR THE CSDA BOARD REGION 6 (SEAT A)
REPRESENTATIVE”
Updated Urban Water Management Plan – Public Hearing.
A.
Hearing on Updated Urban Water Management Plan. President DAVERT
declared the hearing on the proposed 2015 updated Urban Water Management Plan (UWMP)
to be open. He asked for the staff report.
Ms. OHLUND introduced SARINA SRIBOONLUE of Arcadis, who made a powerpoint
presentation on the proposed UWMP. Ms. SRIBOONLUE reviewed the major elements of the
UWMP, including reliability over 25 years and water shortage contingency plan. She described
significant changes from the 2010 plan, including the SBX7 (“20 X 2020” state conservation
mandate) verification tool, population calculation tool, demand management measures and
water loss reporting. She said that based on the planning assumptions, EOCWD is projected to
have sufficient supplies under the hydrologic scenarios defined in the UWMP. She described
the contingency planning for 50% reduction/supply interruption, adding that relative to
drought, there is an assumption of local conservation together with MWD reliability.
President DAVERT asked the Secretary if all requirements for notice had been met. Ms.
ARNESON reported that notice was published on June 1 and June 8, 2016 in the Orange County
Register and presented an affidavit of publication.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the affidavit of
publication as presented to the Board was received and filed.
Ms. ARNESON briefly explained that the purpose of the hearing was to permit
interested persons to comment upon the proposed amendments to the UWMP.
Public comment was invited. There were no written comments and there was no one
present who wished to comment.
00191890 18
-2-
6-16-16
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the hearing was closed
and Resolution No. 767 was adopted entitled “Resolution of the Board Of Directors of the East
Orange County Water District Adopting Updated Urban Water Management Plan.”
6.
Operation, Management and Construction Matters.
A.
Retail Zone Water Supply Reliability. Ms. OHLUND reported that under the
current regulatory framework, local agencies must self-certify their reduction targets as
calculated under specified “stress test” assumptions of dry years. She noted that the District
had also provided a certification to the wholesale system’s retailers as required, reliant on
MWD and MWDOC certifications. With respect to the Retail Zone, Ms. OHLUND said that
although MWD and MWDOC have certified that they are reliable for the 3-year assumptions, it
is also known that the State’s reservoirs are not full, State Water Project allocations have
remained significantly reduced, and these and other indicators point to a structural supply
problem, and staff believes it would be prudent for the District to base its Retail Zone planning
on a 15% reduction. She noted that staff had consulted with the Citizens Advisory Committee
who were supportive of that recommendation. President DAVERT said in his view it would not
be responsible to use a 0% reduction, noting that MWD/ MWDOC’s certifications incorporated
15% reduction assumptions, and 15% should be more easily attainable having just come from a
36% reduction mandate. Revisions to the text of the proposed resolution were discussed,
including the substitution of “shall” for “encouraged to.”
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the water reliability
certification was approved and Resolution No. 768 was adopted as revised, entitled:
“Resolution of the Board of Directors of the East Orange County Water District Declaring
Water Conservation Level 1 to Be In Effect and Authorizing Implementation (Rescinding Level
2).”
B.
West Well Rehabilitation/Installation of Water Lubricated Pump. Director BELL
reported that the Operations & Engineering Committee recommended approval of the
recommended action.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the contract for the
West Well Rehabilitation Improvements was awarded to General Pump Company, for the total
bid price of $56,950.
00191890 18
-3-
6-16-16
C.
Amendment to CommunicationsLab Contract for Outreach Assistance, Drought
and Sewer Transfer. Ms. OHLUND said that Communications Lab provided valuable
assistance to staff.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, Amendment No. 4 to
the contract with CommunicationsLab was approved, providing for community outreach
services in an amount not-to-exceed $95,000 for the period June 1, 2016 to May 31, 2017, and
the General Manager was authorized to execute the amendment.
D.
William Everest Consulting Services. Ms. OHLUND said that Mr. EVEREST was
also a very valuable member of the team.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, Amendment No. 1 to
the contract with William Everest Consulting Services for provision of engineering consulting
services, in the not-to-exceed amount of $90,000 for the period July 1, 2016 to June 30, 2017,
was approved and the General Manager was authorized to execute the amendment.
E.
Sedaru Sewer System Asset Management/Computerized Maintenance
Management Software/ID Modeling. Ms. OHLUND recommended that this effort begin now
rather than at start-up, for example, to give the District rapid access to Improvement District
No. 1 historic operational data in the event of a spill. Ms. Ohlund said the data input will
proceed now so as to be completed by August 1, and after that debugging and testing will be
completed.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, a contract for Phase 1
Implementation, in the not-to-exceed amount of $38,750, was approved and the General
Manager was authorized to execute the contract.
F.
Sunday.
7.
Summer 2016 Operations Plan. Ms. OHLUND reported on an outage this past
Financial Matters.
A.
Schedule of Disbursements. Schedules of disbursements in the following
amounts were presented: $400,453.48 from Wholesale and Retail Operating Funds, $1,291.80
for directors’ payroll, and $42,758.44 for employees’ payroll.
B.
Investment Activity. Schedules of investments were presented.
C.
Financial Statements (April 30). The financial statements were presented.
00191890 18
-4-
6-16-16
President DAVERT reported that the Finance Committee recommended approval of the
schedule of disbursements and investment schedules, and receipt and filing of the financial
statements.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the schedules of
disbursements were approved as corrected, the schedules of investments were ratified and
approved, and the financial statements were received and filed.
D.
2016-17 Budgets. Ms. OHLUND reviewed the wholesale and retail budgets. She
presented a broad overview, including a 6/30 loss that will show for the Retail Zone and will
also occur in 2016-17 until a proposed October rate increase; reduced sales; reduced shared
overhead and labor with local sewer coming on; correction of wholesale structural deficit
through funded depreciation; MWD’s per acre foot increase and fixed charge decreases;
OCWD replenishment assessment increase; EOCWD’s wholesale fixed charge increases of
11%; comparisons to current year; and completed and projected capital improvement projects,
wholesale and retail. A retail rate increase of 11% for this year and 10% for each of the
following four years is anticipated to be proposed.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, Resolution Nos. 769 and
770 were adopted, entitled: “Resolution of the Board of Directors of East Orange County Water
District Adopting Operating Budget and Making Determination Relative To Appropriations
Subject To Limitation For 2016/2017 Fiscal Year (Overall District)” and “Resolution of the Board
of Directors of East Orange County Water District Adopting Operating and Capital Projects
Budgets and Making Determination Relative To Appropriations Subject To Limitation For
2016/2017 Fiscal Year (Retail Zone).”
E.
Wholesale Rates and Charges. Ms. OHLUND said the resolution would adopt
the recommended wholesale commodity, pass-through and fixed charges as described in the
preceding budget item.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, Resolution No. 771 was
adopted, entitled “Resolution of the Board of Directors of East Orange County Water District
Establishing Rates and Charges For Sale of Water On a Wholesale Basis Within the District.”
F.
Wholesale and Retail Capacity Charges. Ms. OHLUND said the resolutions
would implement the recommended wholesale and retail capacity charges as previously
reviewed with the Board. She said a concern was communicated by Orange that the changes
would disadvantage redevelopment, and staff has explained that the proposed methodology
will give credit for existing development.
00191890 18
-5-
6-16-16
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, Resolution Nos. 772, 773
and 774 were adopted, entitled: “Resolution of the Board of Directors of the East Orange
County Water District Amending Rules and Regulations For Water Connection Charges
(Wholesale Service Zone) and Rescinding Resolution No. 605;” “Resolution of the Board of
Directors of the East Orange County Water District Establishing Connection and Capacity
Charges For the Wholesale Service Zone Within the District;” and “Resolution of the Board of
Directors of the East Orange County Water District Adopting Changes To Non-Water Delivery
Charges For Retail Service.”
G.
Initiation of Notice and Hearing Process For Proposed Increases to Retail Rates
and Charges. Ms. OHLUND said this process was specified by Proposition 218 and
implementing laws.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the Retail Zone Rate
Study was adopted, and staff was directed to give mailed notice of a hearing on September 15,
2016to consider the proposed rate increases identified in the study.
8.
Miscellaneous Matters.
A.
Reports from Committees and Representatives to Organizations. None.
B.
Directors’ Reports on Meetings Attended. Director SEARS reported on the
WACO meeting, which included a good presentation on Delta earthquake simulations and salt
water intrusion. President DAVERT reported that all Directors had attended the OC Water
Summit.
C.
Orange County Sanitation District #7 Local Sewer Service Reorganization –
Status Report. Ms. OHLUND said she had no additions to her report.
Director DULEBOHN left the meeting at this time.
D.
Wholesale and Retail Water Usage. Ms. OHLUND reported that conservation
has remained at over 30%.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously (Dulebohn absent), the
wholesale and retail water usage report and the drought report were received and filed.
00191890 18
-6-
6-16-16
E.
Drought Response Report. Ms. OHLUND reported that she will evaluate
inclusion of this report as part of the General Manager’s report.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously (Dulebohn absent), the
Drought Response Report was received and filed.
9.
Informational Items.
A.
General Interest Publications. Included were: Circle of Blue,” Water Sector
Prepares For Cyber Attacks” and Maven’s Notebook, “Phil Isenberg with parting words of
advice: ‘Whether the tunnels are built or not, the underlying problems must be addressed.’”
10.
Closed Sessions. President DAVERT announced that the Board would meet in closed
sessions listed in the agenda as follows: (A) conference with real property negotiators
(Government Code Section 54956.8), premises leased for telecommunications at 9312
Jamboree Road/9764½ Handy Creek Road, Orange, Negotiating Parties: Crown Castle MU
LLC, Agency Negotiators: General Manager Ohlund, under negotiation: price and terms of
payment (lease amendment); (B) conference with real property negotiators (Government
Code Section 54956.8), premises leased for telecommunications at 9312 Jamboree
Road/9764½ Handy Creek Road, Orange, Negotiating Parties: CCATT LLC, Agency
Negotiators: General Manager Ohlund, under negotiation: price and terms of payment (lease
amendment); (C) conference with labor negotiators (Government Code Section 54957.6),
agency designated representatives: Directors Davert and Dulebohn; unrepresented
employees: Superintendent; Administrative Assistants; Office Assistants, Water Distribution
Operators.
OPEN SESSION
Open session was resumed, with Directors BELL, DAVERT, EVERETT and SEARS present.
No action was reported from the closed session.
Fiscal Year 2016-17 Compensation. Upon a motion duly made, seconded and carried
unanimously (Dulebohn absent), salary ranges and salary and merit increases effective July 1,
2015 were approved as presented for fiscal year 2016/2017.
11.
Adjournment.
ACTION TAKEN:
Upon a motion duly made, seconded and carried unanimously, the meeting was
adjourned at 6:35 p.m., the next regular meeting date and time being Thursday, July 21, 2016,
at 5:00 p.m., to be held in the Offices of the East Orange County Water District, 185 N.
McPherson Road, Orange, California.
00191890 18
-7-
6-16-16
Respectfully submitted,
_____________________________
Joan C. Arneson
00191890 18
-8-
EAST ORANGE COUNTY WATER DISTRICT GENERAL MANAGER’S REPORT
July 2016
The following report is a summary of the District’s activities over the past month.
GENERAL MATTERS
Reviewed correspondence, conferred with customers regarding billing issues and vendors/other
interested parties regarding business with the District, and met with staff members regarding daily
activities and on-going projects.
SEWER
A. OCSD Transfer
See Agenda Item
WHOLESALE ZONE
A. Peters Canyon (6 MG) Reservoir Status Update
Security System – American Integrated Security Group (AISG) completed their work to get the
security system up and running. The onsite security system is fully operational. The only item
remaining to be completed is the agreement with AT&T which will provide full connectivity of
the security system. Staff is continuing to work with AT&T on acquiring the internet feed for the
system by August.
Reservoir Roof – Staff has prepared comments and is transmitting them to Carollo; plans will
be finalized to accommodate bidding in September, 2016.
Leak Detection System: The equipment was ordered and has been received. The next step is
to install the conduit that will carry the signal wire to the SCADA RTU from each monitoring well
at the reservoir site. In order to get more bang for the buck, staff will be preparing a list of
SCADA modifications to include with the SCADA work at the reservoir site. Staff will send this
list of modifications to 2 different SCADA contractors for competitive pricing. The anticipated
completion date for this work is the last week of August 2016.
B. OC-43/Walnut Takeout Vault Rehabilitation/Replacement – A car was damaged due to the
absence of a valve cover downstream of the Walnut turnout. Tustin believes that this valve is
associated with the turnout. EOCWD staff and legal counsel are reviewing and will request a
meeting with Tustin to address the claim that has been filed to reimburse damage to a car tire.
C. Treatment Plant Feasibility Study Update
Staff is examining the potential for alternative funding sources for the plant through
Townsend Public Affairs; alternative project delivery is also being examined. A presentation to
the Board is tentatively scheduled for the September meeting.
General Manager’s Report –July 2016
D. OC-70 Meter Test Comparison
Background: An ongoing issue in the Wholesale Zone has been “unaccounted-for water.” For
several years, staff has been investigating the seeming “loss” of millions of gallons of water each
month – so much water in fact, that it would be creating large lakes somewhere if it was entering
and escaping our system.
Over the past several years, staff has conducted many analyses and failed to find a cause or a
pattern of loss that yielded clues as to the cause. After exhausting all reasonable possibilities
on the District’s side of the meter, we contacted MWDOC staff and sought their assistance in
setting up a meeting with MWDSC (MET) to determine if the problem is on their side of the meter.
On June 2, 2015 staff/MWDOC held their first meeting with MET staff to review the history of this
problem and the efforts that EOCWD has gone to find the cause. As a result of that meeting
MET staff agreed to examine their meter, calibration and design of the meter installation.
A second meeting was held on July 20, 2015 with MET to further review MET’s investigation;
MET suggested that more investigation work be performed over the next month to better
determine whether these discrepancies are related to meter error. Some recommendations that
came out of the meeting were to pull the existing meter and inspect it for possible irregularities
as well as inspect the check valve downstream of the meter to ensure it is holding tight during
pumping conditions; EOCWD staff is working with MET staff to make operational arrangements
so that the meter and check valves can be physically removed and examined. This work was
initially scheduled for early September, however, no date has yet been identified.
On October 22, 2015 EOCWD staff met with MWDOC and MET staff to review and provide
feedback on Met’s draft test plan which identifies a step by step process of looking at various
components at the OC-70 pump station that could be causing the metering inaccuracies. A
multi-step plan to determine the source of the error has been established and requires that staff
isolate the Peters Canyon Reservoir during the first week of December to enable MWD to
perform a thorough simultaneous flow test of the MWD meter, comparing it directly against the
EOCWD 20” magnetic flow meter under varying scenarios. MWD Staff will be on hand at both
locations to record readings. Various tests will be performed over a three-day period; EOCWD
staff will be on-hand to observe.
On Monday, November 23, 2015 MWD staff sent an email to MWDOC stating that they had an
issue with the EOCWD magmeter installation and wanted to proceed with inspecting their Venturi
meter at OC-70 and their check valve. On Tuesday, November 24th, EOCWD staff participated
in a conference call with MWDOC and MWD staff to discuss the issue. The outcome of that
discussion was that MWD requested EOCWD relocate our existing mag meter so that a minimum
of 18 feet (pipe diameter x 10) of straight pipe existed both upstream and downstream of the
meter to eliminate the possibility of any interference to the meter; this would be an approximately
$20,000 expense for EOCWD. MWD asserts that there is too much interference to the mag
meter in its current location with the isolation valve and 90 degree bend being too close.
At the January 14, 2016 Engineering Committee Meeting, staff discussed the concerns it had
installing a vault and meter at the toe of the dam and discussed alternatives and rain delays for
this project. Staff was directed to get pricing on a new 24” magnetic flow meter to install on the
inlet line of the reservoir outside of the area near the dam face. Staff will be reporting back to
the Committee on the costs for the meter purchase and installation.
2
General Manager’s Report –July 2016
At the February 15, Engineering and Operations Committee Meeting, staff reviewed the actions
taken since the last meeting. The 24” magnetic flow meter has been ordered; delivery of the
meter is expected by the middle of March. While waiting for the meter to arrive, staff will confirm
with MWD that the installation location is acceptable and proceed with the vault installation.
Once received, the meter will then be installed and tested. Coordination with MWDOC/MWD will
be continued to perform a meter comparison flow test.
Staff submitted drawings and specifications to MWDOC for the new 24” magnetic flow meter as
well as a site drawing showing the proposed location where the meter is to be installed. A
meeting with MWDOC and MWD staff has been scheduled for March 23rd to enable them to
perform a field inspection of the proposed meter installation location and to verify that it meets
their standards. Once MWD has verified and accepted the location, staff will proceed with the
work to install the vault and meter. A target date for completion of the meter installation is the
second week of April.
On March 23rd, staff met with representative from MWDOC and MWD to perform a site visit at
the Peters Canyon reservoir. The purpose of this meeting was to show MWD staff where the
new 24” magnetic flow meter was to be installed. MWD staff agreed that the location was
acceptable and emphasized that the installation should meet the manufacturer’s specifications.
On April 15th, Staff received 100% plans and specs for meter vault and piping connections from
Steve Andrews Engineering (SAE). Staff reviewed and provided final comments on May 5th.
Revised drawings were received on May 9th. Staff is currently preparing requests for bid to
construct the vault. Bids are expected by the end of May with construction beginning during the
first part of June 2016.
Staff received bids for the construction of the vault. Unfortunately, the bids were much higher
than anticipated. Staff decided to re-evaluate the design of the vault and reduce the size
considerably thereby reducing the construction cost. Staff received and approved a proposal
from Champion Paving to construct a pour in place vault structure at a cost of $9,680. This work
is scheduled for the 3rd week of July. Staff will be installing the 24” magnetic flow meter the
week prior to the vault construction.
Update: Installation of the meter and vault has been delayed. The work will be completed by
the end of August 2016.
E. Handy Creek Road
Staff has received a Utility Information Request from Michael Baker International on behalf of
The Irvine Company for the Santiago Hills II development. District Project Manager Everest
met with City of Orange Project Manager Jennifer Le to discuss EOCWD concerns regarding
security and reservoir access, and to note road access requirements that The Irvine Company
may be subject to that are contained in our easement. General Manager Ohlund is scheduled
to meet with the City of Orange Project Manager Jennifer Le on July 24th to further discuss our
concerns and the potential impacts to EOCWD facilities.
F. WZ Connection Permits
None to report.
3
General Manager’s Report –July 2016
RETAIL ZONE
1)
East Orange DroughtReach™ Program
The conservation reduction for June was 34.5%. The SWRCB extended the emergency
regulations in February for another eight months (through October, 2016); the Board is taking
comments regarding suspending the emergency declaration at their May 18th Board Meeting.
See drought report attached to General Manager’s Report
2)
Well / Booster Station Operations
East Well – For June, 30% of the Retail Zone demand was met using groundwater; Total
groundwater pumped during June was 20.2 acre feet. Total retail demand was 66.5 acre feet.
West Well Project – The West Well has been offline since February 2013 due to a worn pump
assembly; the East Well can and has been meeting our RZ demand, augmented by imported
water purchases. Staff contracted with General Pump Company to remove the West Well pump
and perform a video inspection of the well. This work was completed on March 30th. Staff has
reviewed the video and met with General Pump to discuss the condition of the well casing and
available options. Staff’s recommendation to the Engineering and Operations Committee at
their May meeting was to replace the West Well pump assembly with a new water lube system
leaving the casing alone and avoiding any aggressive action that could damage it. Staff also
recommended reducing the column assembly from 8” to 6” to reduce any possible binding from
the offset of the well casing; the Committee agreed. Staff sent out requests for bid on May 26th
to six prequalified well contractors. Bids were due June 3rd. Only two contractors submitted
bids – General Pump Company and Southwest Pump and Drilling. The low bidder was General
Pump Company at $56,950. Staff recommended that the low bid be accepted and a contract
be awarded to General Pump Company for the West Well Rehabilitation Project. General Pump
was awarded the contract and was issued a Notice to Proceed on July 13th. Per the contract,
work is to be completed by August 12th.
Barrett Booster Pump Replacement – The 75HP booster pump has been offline since February
2013 due to a worn pump assembly. This pump historically ran in tandem with the West Well.
Due to the time differential between the contractors ability to perform the work on the West Well
and the lead time required in ordering the 75HP Barrett Booster pump replacement, the West
Well and Booster Replacement project will be done separately. At the April Engineering and
Operations Committee meeting, staff recommended awarding the booster pump replacement
project to Orange County Pump. The new pump has been ordered and is expected to arrive
the second week of August with installation occurring by the end of August.
Well water levels have risen and are holding steady at 253 feet BGS (below ground surface).
3) Pressure Reducing Station Rehabilitation –
Staff solicited proposals from two engineering firms to design the rehabilitation of the Orange
Knoll and Circula Panorama pressure regulating stations. After review, staff recommended
RCE Consultants at a cost of $19,000. The Operations & Engineering Committee approved
staff’s recommendation. RCE submitted 90% plans on May 13th. Staff reviewed and
4
General Manager’s Report –July 2016
provided comments on May 10th. RCE provided 95% plans on May 11th. Staff is currently
performing a final review of the plans and specs for this project and will be sending out
requests for bid by the end of May.
Update: Staff is awaiting comments from the City of Tustin Public Works Department on the
new design of the Orange Knoll PRS due to the location of the proposed PRS and because
the new PRS was designed to be above ground; a change from the original design. The
Orange Knoll PRS is located on the City of Tustin’s reservoir site within a dedicated EOCWD
water easement.
4) System Leaks
None to report for June 2016.
5) Water Availability Request/Connection Permits
None.
JOINT SYSTEM (WZ & RZ) ACTIVITIES
Water Loss Audit
Staff attended a kickoff meeting held at the MWDOC offices with representatives from
consultant WSO. The WZ and RZ system operations were reviewed with WSO, while a list of
data needs required by WSO were reviewed with staff and arrangements were made to mine
the data from SCADA, SEDARU and CUSI. A draft audit has been received and forwarded to
Arcadis for inclusion in the draft UWMP.
SEDARU
Please see the attached Sedaru work report that provides information on work staff is
performing and the types of customer interactions that staff are having.
A. Monthly Operations Activities
•
•
•
•
•
•
•
•
•
•
•
•
•
Attend weekly Maintenance, Operations, and Engineering meeting (superintendent)
Attend 2 weekly sewer meetings (Superintendent)
Attended meeting with OCSD staff (Superintendent)
Had annual service performed on all District fire extinguishers
Training with ID Modeling on Smart Outage
Attended SEDARU Sewer kickoff meeting (Superintendent)
Annual Inspection (Superintendent)
Met with EEC – FOG Program
Met with IT Security Consultant (Superintendent)
Contacted County regarding Crawford Canyon Rd. Storm Drain Project (Superintendent)
Attended Drought Response Workshop (Superintendent)
Located Class B rental vehicles for behind the wheel training for staff (Superintendent)
Sent out contract for West Well project (Superintendent)
5
General Manager’s Report –July 2016
Weekly Tasks
•
•
•
•
•
•
•
•
•
•
Attend weekly safety meetings (All field staff)
Reviewed sewer cleaning operations with OCSD
Performed weekly water quality sampling
Measure static and pumping water levels in wells.
Performed USA locations
Responded to utility requests from the County and city of Orange
Picked up water quality supplies and changed reagent bottles
Clean-up, organize and restock service trucks
Clean-up and organized shop
Vehicle maintenance
Monthly Tasks
•
•
•
•
•
•
•
•
•
•
Attend monthly staff meeting with General Manager (all employees)
Attend committee meetings – Operations and Engineering (Superintendent)
Prepared monthly CDPH water quality reports
Prepared monthly CRWQCB report for well discharge
Report retail water system production to State
Performed dead-end flushing
Read WZ meters
Check WZ meter data; assist with preparation of WZ Billing
Delivered Board agenda packages
Participated in WEROC radio test
MEETINGS
A summary of June meetings was unavailable at the time of agenda posting..
6
MEMO
TO:
GENERAL MANAGER
FROM:
STAFF
SUBJECT:
DROUGHT RESPONSE REPORT – JUNE 2016
DATE:
JULY 21, 2016
Meetings
•
N/A
Water Waste High Water Bill Phone Calls
•
Matt assisted customer at Barrett Lane who requested water conservation assistance on June 20,
2016.
WUE Materials
•
Reyna Ayala attended the OC WUE meeting at MWDOC on June 2, 2016.
Drought Social Media/Print Messaging Efforts
•
•
•
•
•
Mailers/Bill Inserts- Working with Communications Lab, 8 x11 postcards were sent out to inform
customers that they are allowed to water up to 3 times per week. The postcard also served as a
reminder to fix leaks within 24 hours and reiterates prohibitions on hosing down of sidewalks, and
driveways.
EOCWD Facebook page is updated by Communications Lab and EOCWD Staff.
EOCWD Twitter page is updated by Communications Lab and EOCWD Staff.
EOCWD Website page is updated by Communications Lab and EOCWD Staff.
Foothill Sentry Ad.
Customer Rebate Activities
•
•
•
Turf Removal Rebate; on June 2016, customer at Daniger Road received a rebate of $6,000.
Turf Removal Rebate; on June 2016, customer at Greenwald Lane received a rebate of $6,000.
Smart Timer Rebate; on June 2016, customer at Barrett Lane received a rebate of $225.
Groundwater Replenishment System (GWRS) Credits
•
The GWRS production allocated to EOCWD can be reported as Indirect Potable Reuse (IPR). For
the month of June, EOCWD showed an IPR credit of 6.3 acre feet (equivalent to 2 million gallons or
9% of the RZ’s June demand) that was sent to GWRS by sewer customers in the RZ for eventual
reuse through the groundwater wells. This number represents “new” water that wasn’t imported.
EAST ORANGE COUNTY WATER DISTRICT
0
50
100
150
200
250
300
350
Pumping Level
Top of Well
Perforations
EOCWD Customer Work
YEAR
(All)
Count of workdate
Row Labels
jmendzer
mnguyen
mplummer
tcoston
Grand Total
Column Labels
JUL AUG SEP OCT NOV DEC JAN 2016 FEB 2016 MAR 2016 APR 2016 MAY 2016 JUNE 2016 Grand Total
2
14
6 11
9 15
2
8
1
11
3
82
9
13
8
1
7
8
46
33
50
5 28
17 10
8
14
6
17
27
41
256
21
30 11
62
56
94 22 39
26 34
23
30
7
25
46
44
446
YEAR
(All)
Count of workdate
Row Labels
Broken Meter Box
Check Backflow
Conservation
Customer Leak
Hi/Lo Pressure
High Water Bill
Meter Changeout
Meter Connect
Meter Disconnect
Meter Read
Misc Customer Task
Service Lateral Leak
Water Qual. Compl.
Get Backflow Info
Grand Total
Column Labels
JUL AUG SEP OCT NOV DEC JAN 2016
34
2
35
11
4
2
6
3
12
11
1
FEB 2016 MAR 2016
2
5
1
2
1
4
3
3
5
2
6
6
9
7
12
8
2
3
4
1
3
3
3
3
10
2
3
9
1
1
6
3
4
8
7
4
94
22
39
26
9
2
1
2
56
1
3
1
34
23
1
1
1
4
3
6
2
6
4
30
APR 2016
MAY 2016
JUNE 2016 Grand Total
1
1
3
2
1
7
3
4
1
3
4
5
3
1
25
1
7
4
1
8
1
2
4
4
2
9
12
3
7
9
3
11
1
46
1
44
3
1
120
40
5
4
27
37
51
59
60
35
3
1
446
Total
160
140
120
100
80
60
40
20
0
Total
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: CHANGES TO EMPLOYER PAID MEMBER CONTRIBUTION AMOUNT TO
THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM
(CALPERS) AND REVISIONS TO PERSONNEL POLICY
DATE:
JULY 21, 2016
BACKGROUND
On June 13, 1987, the District entered into a contract with the California Public Employees Retirement
System (CalPERS). CalPERS is a “defined benefit” plan that provides participants a specified monthly
benefit at retirement. For District employees, once they reach the age of 60, this benefit is determined
by multiplying their years of service by 2% and then multiplying the resulting fraction by the average of
their highest three year’s pay (e.g., for an employee with 25 years of service whose highest three years
of pay averaged $50,000, the calculation would be: (25 years x 2%) x $50,000 = a pension of $25,000
per year at retirement).
The majority of funding (other than earned investment returns) for the retirement program comes from
two sources: the employer and the employee. In 1987, as part of employee negotiations, the District
agreed to pay 3.5% of the 7% employee contribution and then in 2001 agreed to pay the other 3.5%.
The District also pays the employer contribution, currently 8.049%, for a total of 15.049% of an
employee’s gross wages (overtime and standby pay are not eligible for inclusion in this calculation).
Section 20691 of the California Government Code permits a contracting agency to pay all or a portion
of the required employee contribution to CalPERS. Under the Public Employees Pension Reform Act
(PEPRA) of 2012, public employers are encouraged to require all employees to pay the employee portion
(7%) of the “Classic” PERS contribution 1. Commencing July 22, 2013, the Board took an action to
annually consider transitioning to the employees their portion of the PERS contribution by 1% per year.
Currently, the District pays 5% of the employee’s portion of the contribution and the employee’s pay 2%.
The salary action taken at the August 21st Board Meeting included increasing the employee
contribution to PERS to 3% and reducing the employer portion to 4%. To formally memorialize this action
with CalPERS, the Board must approve the attached resolution modifying employer payment of the
employee contribution to CalPERS. Additionally, the Personnel Manual (attached) has been revised on
page 27 to reflect this action.
FINANCIAL IMPACT
The initial impact of transferring the additional 1% employee portion to the employees will be offset
by the 1% salary increase granted to the employee’s current salary (a total cost of approximately
Employees hired prior to January 1, 2013 are considered “Classic PERS” employees and are covered under the
2% at 60 plan with the District paying a portion of their employee contribution. Employees hired after January 1,
2013, and who were never enrolled in PERS, are considered “PEPRA PERS” and are covered under the 2% at 62
plan and pay ALL of the employee portion of the contribution.
1
$5,000 this year); however as employee salaries increase, they will pick up the increased cost of the
PERS employee contribution.
RECOMMENDATION
The Board adopt Resolutions Nos. ___ and ____, 1) modifying the District’s payment of the employee
contribution to the California Public Employees’ Retirement System to 4% of the employees’ salary with
the Classic PERS employees paying the remaining 3% balance and; 2) approving the modification to
the Personnel Manual reflecting this change.
RESOLUTION NO. ___
RESOLUTION OF THE BOARD OF DIRECTORS OF
EAST ORANGE COUNTY WATER DISTRICT MODIFYING
EMPLOYER PAYMENT OF EMPLOYEE CONTRIBUTION
TO PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
WHEREAS, the Board of Directors of East Orange County Water District (EOCWD), has
entered into a contract with the Board of Administration, California Public Employees’ Retirement
System (the “System”), effective June 13, 1987, and witnessed June 11, 1987, and as amended effective
July 16, 1993, and further amended effective June 19, 2001; and
WHEREAS, Government Code Section 20691 authorizes a contracting agency to pay all or a
portion of the normal contributions required to be paid to the System by a member, as employer-payment
of the normal member contributions (EPMC); and
WHEREAS, on March 19, 1987, the Board of Directors of EOCWD determined that one half of
the employee contribution to the System (3½%) shall be picked up by EOCWD, and on October 18, 2001,
the Board of Directors determined that all of the employee contribution to the System (7%) shall be
picked up by EOCWD as EPMC; and
WHEREAS, pursuant to Government Code Section 20691, the Board may reduce or eliminate the
EPMC benefit, and this Board deems it to be in the best interest of EOCWD to further modify its prior
election to pay EPMC; and
WHEREAS, pursuant to subsequent actions, the Board of Directors of EOCWD has modified the
EPMC benefit to consist of paying 5% of the normal member contributions; and
WHEREAS, on June 16, 2016, this Board took various actions relative to salaries, wages and
benefits, including direction to reduce the EMPC to 4%, effective July 1, 2016, and wishes to formalize
such action;
NOW, THEREFORE, the Board of Directors of EOCWD does hereby RESOLVE, DETERMINE
AND ORDER as follows:
Section 1. It is hereby determined, ratified and confirmed that the modified EPMC benefit shall
consist of paying 4% of the normal member contributions as EPMC effective July 1, 2016. This benefit
shall apply to all employees except such in each class as are excluded by law or by the contract between
EOCWD and the System.
Section 2. Pursuant to Government Code Section 20691, nothing in this resolution shall be
construed to limit the authority of EOCWD at a future date to modify, reduce or eliminate the payment of
the normal contributions authorized in Section 1.
ADOPTED, SIGNED and APPROVED this 21st day of July, 2016.
___________________________________
President
EAST ORANGE COUNTY WATER DISTRICT
and of the Board of Directors thereof
___________________________________
Secretary
EAST ORANGE COUNTY WATER DISTRICT
and of the Board of Directors thereof
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss.
)
I, JOAN C. ARNESON, Secretary of the Board of Directors of the EAST ORANGE COUNTY
WATER DISTRICT, do hereby certify that the foregoing Resolution No.___ was duly adopted by the
Board of Directors of said District at a Regular Meeting of said District held on July 21, 2016, and that it
was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Secretary
EAST ORANGE COUNTY WATER DISTRICT and of
the Board of Directors thereof
00178411
RESOLUTION NO. ___
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST ORANGE COUNTY WATER DISTRICT
RESCINDING RESOLUTION NO. 753 AND ADOPTING
REVISED PERSONNEL POLICY
WHEREAS, the Board of Directors of the East Orange County Water District desires to
revise the personnel policy of the District;
NOW, THEREFORE, the Board of Directors of the East Orange County Water District
DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. Resolution No. 753 be and the same is hereby rescinded.
Section 2. The Personnel Policy of the District, as set forth in Exhibit “A” hereto and
incorporated herein, is hereby adopted.
ADOPTED, SIGNED AND APPROVED this 21st day of July, 2016.
__________________________________
_______________________________________
President
EAST ORANGE COUNTY WATER DISTRICT
and of the Board of Directors
thereof
_______________________________________
Secretary
EAST ORANGE COUNTY WATER DISTRICT
and of the Board of Directors
thereof
97386/ 080913
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ss
)
I, JOAN C. ARNESON, Secretary of the Board of Directors of the EAST ORANGE
COUNTY WATER DISTRICT, do hereby certify that the foregoing Resolution No. ___ was
duly adopted by the Board of Directors of said District at a Regular Meeting of said District held
on July 21, 2016, and that it was so adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Secretary
EAST ORANGE COUNTY WATER DISTRICT
and of the Board of Directors
thereof
97386/ 080913
PERSONNEL
POLICY
MANUAL
September 18, 2014
July 21, 2016
Contents
EMPLOYMENT POLICY
4
GENERAL EMPLOYMENT POLICIES
4
Categories of Employees
4
HIRING AND PROMOTIONS
6
Posting New Jobs and Vacancies
6
Selection
6
Application for Employment
6
Disqualification
6
Relatives
7
Physical Examinations
7
Background Checks
7
Work Status
7
Probationary Periods
8
HOURS OF WORK
9
The Work Day
9
POSITION CLASSIFICATION
10
COMPENSATION
10
Salary Administration
10
Payment of Compensation
12
Standby Duty
15
Establishment Of Rates Of Pay
17
BENEFITS
18
Holidays
20
Leaves
21
Insurance
27
2
September 18, 2014July 21, 2016
Retirement Plan
27
Educational Assistance
27
Uniform/Identification Cards
28
Credit Union
28
LAYOFF AND RECALL
28
Layoff
28
Re-Employment List
29
Recall
29
SAFETY
29
UNRESOLVED PERSONNEL MATTERS PROCEDURE
30
PERSONAL CONDUCT
31
EOCWD Property
31
Use of Telephone
32
Personal Use of EOCWD Property
32
Use of EOCWD Residence and Residence Sites
32
Misconduct
32
DISCIPLINARY ACTION
32
Kinds of Disciplinary Action
32
Cause for Disciplinary Action
33
Cause for Termination
33
Alcohol And Drug Policy
34
Administrative Review
36
California Driver License
36
3
September 18, 2014July 21, 2016
EMPLOYMENT POLICY
The East Orange County Water District (EOCWD) subscribes to the public
policies of the United States and the State of California as set forth
in all applicable statutes that are necessary to protect and safeguard
the right and opportunity of all persons to seek, obtain, and hold
employment without discrimination or abridgment because of race,
religious creed, color, age, sex, physical handicap or national origin.
EOCWD's policy provides full equal employment opportunity. Its
recruitment and employment practices, all offers of employment, and all
its courses of action concerning training opportunities and training,
job placement, promotions, compensation, and termination are based
solely on merit.
GENERAL EMPLOYMENT POLICIES
Categories of Employees
Each employee will be within one or more of the following categories:
Regular Employees (Exempt & Non-Exempt)
A person who is employed by EOCWD in a full-time position, has
successfully completed his/her initial six-month probationary period,
and is considered a regular employee whose employment is expected to
continue over a long term. This employee is eligible for benefits as
provided in the policies that relate to EOCWD's benefit programs.
Eligibility is based upon length of continuous employment and, in all
cases, the measurement shall begin with the employee's most recent date
of hire.
Continuous employment is broken by:
•
•
•
Quitting, either with or without notice
Discharge
Layoff from which the employee is not rehired within one (1)
year from the date of layoff.
Continuous employment is not broken by:
•
•
Absence on layoff from which the employee is rehired within one
(1) year from the date of layoff
Absence while an employee is on an approved leave of absence
from which the employee returns to work.
Unless otherwise specifically stated, all EOCWD benefits apply only to
regular full-time employees.
4
September 18, 2014July 21, 2016
Temporary Employee (Non-Exempt)
A person who is hired to work for a limited period of time, normally
not to exceed six (6) continuous months, to meet seasonal or other
short-term labor needs.
Part-time Employee (Non-Exempt)
A person who is employed to work fewer than thirty-four (34) hours per
week on a regular or temporary basis.
Management Employee (Exempt)
Management employees serve at the pleasure of the Board of Directors
and do not acquire a property right to continued employment. As a
management employee, there is an expectation that there will be
occasional work beyond the hours required of other full-time salaried
employees, and management employees do not receive overtime pay (also
referred to as “Exempt”) because management salaries have been adjusted
to provide for occasional overtime work.
Management Employees work hours and compensation are set by the Board.
A Management Employee whose regular work schedule is more than 34 hours
per week is considered a full-time employee and is entitled to the
benefits of a Regular Employee as provided in the policies that are
related to EOCWD’s benefits programs.
A Management Employee whose regular work schedule is less than 34 hours
per week is considered a part-time employee and is entitled to those
benefits required by applicable federal and state laws.
With the written approval of the Board of Directors, Management
employees may also receive compensation under salary and benefit plans
that are different from those applicable to other employees.
Management (salaried-exempt) employees are as follows:
•
General Manager (Full-time)
Confidential Employee (Exempt & Non-Exempt)
Confidential employees are Management and supervisory employees who
have access to information considered by the District as confidential.
Non-Exempt Employee
Non-exempt employees are hourly-paid employees, subject to overtime
pay, and include all employees except the General Manager. Non-exempt
employees are as follows:
5
September 18, 2014July 21, 2016
Administrative/Office Employees
•
Office Manager
Field Employees
•
•
•
•
Operations &
Distribution
Distribution
Distribution
Maintenance Superintendent
Worker I
Worker II
Worker III
Hiring and Promotions
Posting New Jobs and Vacancies
When new jobs are created or vacancies occur, EOCWD shall first attempt
to fill them through the recall procedure if any employee on layoff has
necessary qualifications. If new jobs or vacancies are not filled
through recall after layoff, a notice will be posted on the office
bulletin boards that the jobs or vacancies are available to be filled
by promotion.
EOCWD may make emergency appointments to satisfy an immediate staffing
need.
Selection
Employees shall be selected on the basis of their qualifications for
the job and without regard for race, religious creed, color, age, sex,
physical handicap, or national origin. The method of selecting a new
employee will be objective and impartial and may consist of interviews,
tests, examinations, and verifications, as the General Manager deems
necessary and appropriate.
Application for Employment
Each candidate for employment who appears to be qualified to perform
the job for which he/she is being considered shall be required to fill
out and sign the EOCWD's Application for Employment form. Applications
shall be considered if they are received on or before the final filing
date.
Disqualification
Applications will be rejected if the applicant is determined to be
physically or mentally unfit to perform the duties of the position
under consideration, is addicted to the habitual excessive use of
illegal substances or intoxicating liquor, is not a U.S. citizen or
otherwise does not possess the minimum qualifications for the position.
6
September 18, 2014July 21, 2016
Persons falsifying application information shall be disqualified.
Relatives
Applications from persons related to EOCWD employees through the level
of first cousin excluding the relationship of marriage, shall not be
considered for employment by EOCWD. If any EOCWD employee enters into
marriage with another EOCWD employee, and in the opinion of the General
Manager it is impossible for both employees to continue in employment
for reasons of disruption of EOCWD affairs, supervision, safety,
security, or morale, one of the individuals involved must resign. In
the event that the spouses are unable to determine between themselves
which individual should resign, the individual with the least seniority
will be dismissed unless the General Manager and the Board of Directors
determine otherwise based on the needs of EOCWD's operations. If an
employee’s spouse applies for employment and in the opinion of the
General Manager it would be impossible for the employment to take place
for reasons of disruption of EOCWD affairs, supervision, safety,
security, or morale, then such spouse shall not be considered for
employment.
Physical Examinations
Candidates for initial employment and employees rehired after layoff
must successfully pass a physical examination, which will include drug
and alcohol screening prescribed by the District.
At the direction of the General Manager, any employee may be required
to undergo a physical examination at any time.
All physical examinations prescribed by the District shall be performed
by a licensed physician approved and paid for by the District.
Background Checks
Candidates for employment and employees rehired after layoff are
subject to a background check prior to an offer of employment or
reemployment. A candidate who has been convicted of a felony or
misdemeanor involving moral turpitude shall not be eligible for
employment, except that such conviction may be disregarded if it is
determined by the Operations and Personnel Committee that mitigating
circumstances exist or that the conviction is not related to the
position of employment.
Work Status
All individuals accepting employment shall provide verification of
identity and legal authority to work in the United States pursuant to
the federal immigration laws. Completion of Form I-9, U.S. Department
of Justice, Immigration and Naturalization Service, is mandatory within
seventy-two (72) hours of hiring. All offers of employment and continued
employment are contingent on furnishing satisfactory evidence of identity
and legal authority work in the United States.
7
September 18, 2014
Probationary Periods
New Employees
The first six (6) months of employment shall constitute a probationary
period during which EOCWD will investigate the new employee's
qualifications, references, and work performance and determine whether
his/her employment should be continued. New employees are subject to
dismissal without cause at any time during this period at the discretion
of the General Manager, and such termination shall not constitute
a cause for any action against EOCWD. New employees will be given
orientation, training, and supervision during this period as part of the
probationary process.
New employees will be kept informed of their progress by means of
periodic performance evaluations. They will be advised of any
deficiencies in performance or conduct. Three (3) weeks prior to the
end of the probationary period, new employees will be given a performance
appraisal by their immediate supervisor and the General Manager. If
it is determined that the probationary employee's performance does not
meet EOCWD standards or EOCWD does not continue to need the position,
his/her employment will be terminated.
Outside Employment
With the written approval of the Board of Directors, a Management
Employee may engage in employment other than that with EOCWD; but only
if such outside employment does not (1) interfere with performance of
the employee’s assigned EOCWD duties, including overtime and on-call
assignments; (2) constitute an incompatible position or a conflict of
interest; or (3) create an unfavorable EOCWD image.
With the written approval of the General Manager, or his designee, a
regular employee may engage in employment other than that with EOCWD;
but only if such outside employment does not (1) interfere with
performance of the employee’s assigned EOCWD duties, including overtime
and on-call assignments; (2) constitute an incompatible position or a
conflict of interest; or (3) create an unfavorable EOCWD image.
Training and Development
EOCWD encourages employee development by providing the opportunity for
employee training. Compulsory training may be required as a condition
of continued employment. Such training programs may include lecture
courses, seminars, demonstrations, reading materials, or other methods
for improving job performance. EOCWD encourages employee development to
offer its customers a higher level of services.
Personnel Records
The EOCWD business office will maintain a service file for each
employee containing name, position, title, salary and such other
information as may be deemed necessary by EOCWD.
8
September 18, 2014
To insure that EOCWD records are correct and current, each employee is
responsible for keeping the General Manager promptly informed as to
changes in address, phone number, marital status, dependents, and other
pertinent personal information.
Upon request, an employee may examine all his/her official personnel
records.
Termination of Employment
The effective date of termination of employment is normally the last
day worked by an employee. In the situation of a decision to terminate
employment, rather than to restore an employee to work upon expiration
of a leave of absence, the date of termination shall be the date of the
decision to terminate.
An employee who plans to resign is
an advance notice in writing of at
and accepted by the District, a
except upon approval of the General
requested to give his/her supervisor
least two (2) weeks. Once submitted
resignation may not be withdrawn,
Manager.
HOURS OF WORK
Schedules of Work/Pay Period – Non-Exempt
Work schedules are two-week periods of fourteen (14) consecutive
twenty-four (24) hour days, beginning with the end of the work day on
Friday and ending at the same time the second following Friday.
The normal hours of work in the "standard work schedule" are eighty
(80) hours. The "standard work schedule" consists of ten (10) days in
which the employee works eight (8) hours each day.
The Work Day
Field Employees (Non-Exempt)
For field employees, the regular workday on the "standard work schedule"
shall begin at 7:30 a.m. and end at 4:00 p.m. daily, Monday through
Friday.
Office/Administrative Employees (Non-Exempt
For office/administrative employees, the regular workday on the
"standard work schedule" shall begin at 8:00 a.m. and end at 5:00 p.m.
daily, Monday through Friday. Due to changing hours of daylight, for
safety reasons, or due to other situations, the General Manager may
alter the above workday schedules in any manner deemed appropriate for
the operation of EOCWD.
9
September 18, 2014
Management Employees (Exempt)
For management employees, the workday shall be as established by the
Board of Directors.
Part-time Employees (Non-Exempt)
For part-time employees, the workday shall be as established by the
General Manager.
Lunch Periods
Field employees scheduled lunch period will be a one-half (1/2) hour
period. The employee’s supervisor or General Manager will schedule
lunch periods.
Office/Administrative employee’s scheduled lunch period will be a onehalf (1/2) hour period. The employee’s supervisor or General Manager
will schedule lunch periods.
POSITION CLASSIFICATION
Job descriptions describe the specific function of each position and
the typical duties that an employee is expected to perform. Job
descriptions are not intended to limit the work to those typical duties
described since other tasks may be assigned that are similar in nature
and within the scope of the position.
All positions are evaluated according to their relative worth to EOCWD.
Positions that are similar in type of work, level of difficulty and
degree
of
responsibility
are
grouped
together
in
the
same
classification. The General Manager may recommend that the position be
re-evaluated and reclassified. Similarly, job descriptions will be
prepared for any new positions, which will be evaluated and classified
according to their relative worth to EOCWD.
COMPENSATION
Salary Administration
As a public entity the EOCWD is committed to rendering the highest
level of service possible at a fair and reasonable cost. EOCWD's
ability to achieve this objective is affected by a number of factors,
one of which is the quality and performance of EOCWD employees. In
order to attract and retain highly competent employees, promote
continuous superior performance, and give full recognition to EOCWD
financial constraints, the following will be considered in establishing
employee compensation:
10
September 18, 2014
•
The impact of compensation on the cost of services, financial
position of EOCWD, and overall operational costs;
•
Compensation paid for similar work in other public and private
jurisdictions;
•
The general and specific performance of employees, and status
of the labor force, economic conditions, recruitment and
retention experience, and other factors influencing the
maintenance of a stable and efficient work force.
Public Posting of Salary Information
Regulations
that:
adopted
by
the
CalPERS
Board
of
Administration
require
•
The payrates, time basis and any items of special compensation
be listed for each position on a pay schedule;
•
The pay schedule be posted at the office of the employer or
immediately accessible and available for public review from the
employer during normal business hours or posted on the
employer’s internet website;
Salary Ranges
Salary ranges for classified employees are established
from time to time by EOCWD's Board of Directors.
and
modified
The Board of Directors review performance and sets compensation for the
General Manager.
General Manager
The General Manager reviews performance and recommends compensation
levels individually for all positions in the organization, subject to
initial review of the Operations and Personnel Committee and approval
of the Board.
The General Manager will be provided an EOCWD vehicle, for use on EOCWD
water business pursuant to the Board adopted policy.
Special Compensation
Special Compensation, for purposes of the PERS calculation, is paid to
Field Employees and is reportable to PERS as follows:
•
•
•
Standby Pay
Holiday Pay
Uniform Allowance (not inclusive of safety shoes)
11
September 18, 2014
Definition of Payrate
The “Payrate” shall be determined in accordance with Government
Code Sections 20630, 20363 and 20636.1 and shall be limited to the
amount listed on a pay schedule that meets all of the following
requirements:
1) Has been duly approved and adopted by the District’s Board of
Directors in accordance with the requirements of applicable
public meeting laws.
2) Identifies the position title for every employee position.
3) Shows the payrate for each identified position, which may be
stated as a single amount or as multiple amounts within a
range.
4) Indicates the time base, including, but not limited to,
whether the time base is hourly, daily, bi-weekly, monthly,
bi-monthly, or annually.
5) Is posted at the office of the employer or immediately
accessible and available for public review from the employer
during normal business hours or posted on the employer’s
internet website;
6) Indicates an effective date and date of any revisions.
7) Is retained by the employer and available for public
inspection for not less than five years; and
8) Does not reference another document in lieu of disclosing the
payrate.
Payment of Compensation
Basic Hourly Salary Rate
Employees shall be paid based upon an hourly salary rate, which shall
be payment for the straight time portion of work performed each pay
period.
Time of Payment - Regular Pay Day
Pay periods are two (2) weeks in duration, terminating each alternate
Friday. Payment shall be made within the week immediately following the
close of the pay period. Normally, payment will be made on alternating
Wednesdays. Payment for the pay period is calculated as follows:
Hourly Rate x Eligible Hours
Where “Eligible Hours” are defined as those hours (regular, overtime
and standby) that an employee has worked during the period and/or is
eligible for payment, such as vacation, sick leave, holiday and/or
compensatory time.
Terminations
Prior to termination, employees are required to complete an Exit
Interview with the General Manager, or his designee, and to return all
EOCWD property (keys, uniforms, etc.). Employees who terminate will
12
September 18, 2014
receive their final pay as soon as reasonably possible after separation,
upon completion of the exit interview and after all EOCWD property has
been returned, not to exceed three (3) working days following such
interview and return of EOCWD property. Final pay is made up of the
following elements:
•
Unpaid salary for work performed
•
Accrued and unused vacation to the date of termination,
provided they have completed six (6) full months of employment.
Salary Deductions
Deductions are made from a full-time employee’s pay as follows:
•
Those deductions required by law for Federal and State Income
Taxes, Social Security (F.I.C.A.), and State Disability
Insurance;
•
Contributions due for EOCWD’s authorized Retirement Plan, and
if authorized in writing by employees, as provided for on EOCWD
forms:
o
The cost of dependent coverage, if available, for
hospitalization, medical and dental-orthodontic insurance,
o
Premiums for various insurances, which are carried
individually by employees, as approved by EOCWD,
o
EOCWD’s authorized deferred compensation plan.
Deductions are made from a part-time employee’s pay as follows:
•
Those deductions required by law for Federal and State Income
Taxes, Social Security (F.I.C.A.), and State Disability
Insurance.
Overtime
Overtime work is a condition of employment for all employees as may be
deemed necessary by the General Manager or his designee.
Work Schedules
The “Standard Work Schedule” shall be eighty (80) hours consisting of
ten (10) workdays within a period of fourteen (14) consecutive days,
beginning with the employees’ first shift on the first workday in the
designated work schedule.
The normal daily hours for field employees on the “Standard Work
Schedule” shall be eight and one-half (8 ½) consecutive hours,
including an unpaid lunch period of one-half (1/2) hour.
13
September 18, 2014
The normal daily hours for office/administrative employees on the
“Standard Work Schedule” shall be eight and one-half (8 ½) consecutive
hours, including an unpaid lunch period of one-half (1/2) hour.
The normal daily hours for the General Manager shall be such hours as
required to perform the duties of the position.
For accumulation of overtime hours, pay for holidays and vacations
shall be considered as hours worked.
Overtime Levels
For purposes of overtime only, EOCWD employees are divided into two
categories as follows:
NON-EXEMPT EMPLOYEES
•
•
•
•
•
Office Manager
Operations & Maintenance Superintendent
Distribution Worker I
Distribution Worker II
Distribution Worker III
EXEMPT EMPLOYEE
•
General Manager
Overtime Hours
Overtime worked by Classified employees shall be paid at the rate of
one and one-half (1 ½) times the employee’s basic hourly rate for the
Standard Work Schedule as follows:
•
Hours worked in excess of eight (8) hours on a Monday through
Friday;
•
Hours worked in excess of forty hours (40) in any work week,
but not in addition to overtime paid for hours worked in excess
of eight (8) in any one work day;
•
All time worked on any EOCWD designated holiday;
•
Vacation Leave, Sick Leave, Holiday Leave, Jury Leave and/or
Compensatory Time are not “worked time” and cannot be used to
calculate daily or weekly overtime hours.
Overtime worked by Exempt employees is expected and is compensated by
and within the salary and benefits paid to Exempt employees. Exempt
employees are not eligible for monetary compensation or compensating
time off for overtime worked, except in unusual and extenuating
circumstances as determined by the Board of Directors. If the Board
14
September 18, 2014
of Directors makes such determination, Exempt employees may
granted periodic compensating time off when work schedules permit.
be
Compensatory Time
Employees must obtain approval from the General Manager prior to
working past 40 hours per week or 8 hours in the day. The use of
compensatory time must be requested and approved by the General
Manager.
Only
Non-Exempt
Employees
shall
be
eligible
for
Compensatory Time.
Non-Exempt Employees – Non-exempt employees have the option of taking
compensatory leave time instead of overtime pay. A maximum of forty
(40) hours per year of Compensatory Time may be accrued at a rate
equivalent to one and one half (1 ½) hours for every hour of overtime
worked beyond forty (40) hours in a workweek. Compensatory time must
be taken within a ninety (90) day period from the time it was earned
or it is lost. Vacation, Sick Leave, or other approved Leave are not
to be counted as time worked for the purpose of computing compensatory
time. Only hours worked and holidays are to be counted. Compensatory
Time may be used in-lieu of Vacation and/or Sick Leave for absences
under eight (8) hours in a day.
Standby Duty
General Regulations
Standby duty is an assignment of responsibility to remain available
to respond rapidly to emergency calls from close of business to
opening of business including holidays, and weekends.
Resident Employee
The employee residing in EOCWD’S house on McPherson Road in Orange,
Ca, is automatically on Standby Duty for the Retail and Wholesale
Zone weekly for the five-day period Monday beginning 7:30 am through
Friday 4:00 pm.
Substitute Standby Persons for Resident Employees
On an as-required basis, substitute standby persons will be made
available provided prior request is made three (3) days before and is
approved by the General Manager. The Operations & Maintenance
Superintendent shall make personnel substitute arrangements based
upon names provided by the General Manager from those persons who are
available for Standby Duty.
Standby Duty When Resident Position is Vacant
If the Resident position is vacant, then the Standby Duty assignment
is the seven (7) day period from 4:00 p.m. Friday to 7:30 a.m. the
following Friday.
15
September 18, 2014
Weekend Standby Duty
The Weekend Standby Duty assignment is for the three (3) day period
commencing at 4:00 p.m. on Friday to 7:30 a.m. on Monday. Weekend
Standby Duty will be rotated among eligible employees. The General
Manager will establish the work schedule during each ninety (90) day
period for each employee assigned the duty and may grant exchanges of
duty for justifiable reasons. Employees so assigned are authorized to
use the duty truck provided by EOCWD only for EOCWD business.
Employees are assigned Standby Duty by the General Manager or
Operations & Maintenance Superintendent after they have completed
their probationary period or are progressing satisfactorily.
In the event there are an insufficient number of employees requesting
Standby Duty, the General Manager shall assign employees to the
Standby Duty.
Pay Regulations for Standby Duty
The Resident employee is not eligible for weekday standby pay as
the use of EOCWD property for personal residence is considered inlieu compensation. Compensation for after hours worked is listed
above under Overtime Hours.
The employee performing Standby Duty between close of regular business
hours on Friday 4:00 pm and opening of regular business on Monday 7:30
am shall be paid one (1) hour at straight time for every eight (8)
hours of Standby Duty. (Friday, 4:00 pm to 12:00 midnight and Monday
12:00 midnight to 7:30 am shall be considered eight (8). Therefore, the
total hours paid at straight time for weekend Standby shall be eight
(8) hours. Employee will be paid minimum two (2) hours per day at
overtime pay (1½ * base wage) for actual rounds worked on the weekend
and holidays. Compensation for after hours worked is listed above under
Overtime Hours.
Rounds are defined as visual inspection of the district’s pumps, wells,
reservoir sites, chlorination equipment and SCADA.
In the event a Services Contract is in existence with another water
agency, Resident Retail Zone employee shall also be paid one (1) day
additional hour per day straight time Standby Duty on weekends.
Employees, other than Resident employee, shall be paid for Standby Duty
as stated above under Overtime Hours.
Pay Regulations for Standby Duty Non-Resident Employees
The Standby Duty hourly rate of pay shall be the employee's regular
salary. The hours credited for Standby Duty shall be in accordance
with the following:
•
Monday (7:30 am) through Friday (4:00 pm) – Two (2) hours
straight time daily (if not residing in EOCWD property)
16
September 18, 2014
•
Saturday and Sunday - One (1) hour straight time for every
eight (8) hours each day standby and two (2) hours minimum at
overtime pay (1½ * base wage) each day for actual rounds
worked.
Standby Pay for Holidays Observed by EOCWD
An additional one (1) hour at the Standby rate for every eight (8)hours
on standby shall be paid in addition to eight (8) hours regular holiday
pay.
Emergency Call-Out Compensation
All actual time worked in excess of eight (8) hours in a day or forty
(40) hours in a workweek will be compensated at time-and-a-half regular
wages.
Establishment Of Rates Of Pay
New Employees Regular Employees
The starting rate for a newly hired regular employee shall be recommended
by the General Manager and approved by the Board of Directors.
Temporary and Part-time Employees
Temporary and part-time employees shall be paid on an hourly basis at a
rate to be determined in each instance in accordance with the level of
duties to be performed, but not less than the State of California
minimum hourly wage.
Promotions
Effective upon promotion, employees shall receive an increase in basic
salary recommended by the General Manager and approved by the Board of
Directors.
Reassignments/Demotions
If it is determined at any time during the probationary period that a
promoted employee cannot perform the duties of the new position, the
employee will be reassigned to another position at the discretion of
the General Manager and approved by the Board of Directors. The basic
salary of employees demoted at their own request to their previous
position in a lower salary range shall be their previous salary.
In the event of a disciplinary demotion, the employee’s salary shall be
set at a rate, which is at least five percent (5%) less than the rate
received in the previous position.
17
September 18, 2014
Lateral Transfers
Except as otherwise determined by the Board, the basic
employees transferred to another position that does not
promotion or demotion shall be unchanged.
salary of
reflect a
Recall from Layoff
The basic salary of employees recalled from layoff to the same position
as that from which they were laid off shall be the same salary that
they were paid when laid off. The basic salary of employees recalled
from layoff to a position with a lower salary than they occupied when
laid off shall be their rate at the time of layoff or the rate for the
new position, whichever is lower.
Merit Increases
Merit reviews and consideration for an increase will be given to
employees annually at the beginning of EOCWD’s fiscal year. Merit
increases are not an automatic event, but are based upon proficient job
performance, merit reviews, and other pertinent information available
to EOCWD. The General Manager shall review the performance of employees
prior to the eligible date for a merit increase. The reviews will point
out areas in which performance is good and those areas in which
improvement is needed. The employee’s future with EOCWD, such as career
goals and how to attain them, will also be discussed.
Merit advancement shall be based upon the following:
•
The determination by the General Manager that the employee’s
performance is meeting the expectations of EOCWD. Such
determination relates to the entire job performance including
quality of work, level of work effort, (productivity) job
attitude, cooperation , desire to learn, willingness and
ability to accept responsibility, punctuality, regularity of
attendance and an obvious desire to excel, among others; and
•
Approval of the merit increase by the Board of Directors.
BENEFITS
Vacations - Vacation Allowances
Employees accrue vacation credit in accordance with the following
schedule:
18
September 18, 2014
Continuous Employment
Hrs/month
Month
Hrs/year
Maximum_
Upon completion of one
(1) year------------------- 6.67
80.0
Upon completion of five
(5) years------------------ 10.00
120.0
Upon completion of fifteen
(15) years----------------- 13.33
160.0
Computation of Vacation Credit
Vacation credit is accrued on a monthly basis except during the first
and last months of employment when pro-rated credit is given for full
days worked.
Vacation credit shall not accrue during unexcused absences or during
the following absences that extend for five (5) or more accumulated
full working days:
•
Time between a layoff and rehire
•
Approved personal or indefinite military leave of absence,
unless otherwise provided by law.
•
Approved medical leave.
Temporary and part-time employees do not accrue vacation credit and are
not eligible to take paid or unpaid vacation time off, unless specifically
provided for by determination of the Board of Directors.
Use Of Vacation Credit
An employee is not eligible to use accumulated vacation credits until
he/she has been employed continuously for a minimum of one (1) full
calendar year commencing with the date of hire. The use of vacation
credits shall not exceed the number of whole days of vacation credit
accrued by employees as of the day their vacation commences.
Vacation shall be scheduled so as not to interrupt normal operations of
EOCWD. The scheduling of vacation time is subject to approval by the
General Manager, who may require that request for vacation be submitted
up to thirty (30) days in advance of the requested start of the
vacation. If EOCWD needs require a change in any previously scheduled
and approved vacation, reasonable advance notification of such a change
will be given to affected employees.
Vacation time off shall not be for a period of less than one (1) day.
19
September 18, 2014
Employees may accumulate unused vacation credits to a maximum of 160
hours.
Vacation
credits
stop
accumulating
when
the
employee’s
accumulated total of unused credits reaches 160 hours and for so long
as such credits stand at that figure. Except upon termination, or
except as provided under Termination (pg 15), in no event shall
employees be paid compensation in lieu of vacation time off. An EOCWD
holiday occurring during an employee’s vacation shall not be considered
as a day of vacation.
Subject to the provisions of the Sick Leave Section of this personnel
policy, an employee who becomes ill while on vacation and provides
written proof thereof from a physician, may use accumulated sick leave
in lieu of vacation time for the period of such illness; provided,
however, that EOCWD is not obligated to extend the vacation beyond the
scheduled expiration date.
*An employee who is receiving State Disability Insurance (SDI) or
Worker’s Compensation payments may use accrued vacation to supplement
said payment provided that the total amount received shall not exceed
90% of the employee’s regular salary.
Termination
Employees who terminate after completing six (6) full months or more of
continuous employment shall be paid for all accrued and unused vacation
credits at their rate of pay at the time of termination. Continuous
employment for any period of time less than six (6) full months shall
not entitle an employee to be paid for unused vacation credits upon
termination.
Posting Vacation Credit
EOCWD will provide the accumulated vacation credits of each employee on
their paycheck information.
Holidays
Recognized Holidays
District policy provides for eleven (11) specific holidays, including a
floating holiday as follows:
•
•
•
•
•
•
•
•
New Year’s Day (January 1)
President’s Day (third Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (first Monday in September)
Veteran’s Day (November 11)
Thanksgiving Day (fourth Thursday in November)
Friday immediately following Thanksgiving Day
20
September 18, 2014
•
•
•
•
1/2 Day before Christmas (December 24)
Christmas Day (December 25)
1/2 Day before New Year’s Day (12-31)
One (1) floating holiday at the employee’s choice, as approved
by the General Manager, with at least one (1) week’s advanced
notice. Cannot be accumulated.
Saturday and Sunday Holidays
A holiday falling on Saturday shall be observed on Friday, the day
preceding, and a holiday falling on Sunday shall be observed on Monday,
the day following.
Holiday Pay
Regular employees are paid for eight (8) hours at their basic hourly
rate for each of the eight (8) hour holidays listed above.
Temporary and part-time employees
pay.
are ineligible to
receive holiday
If regular employees, who are not on standby, are required to work on a
holiday, they are paid at the rate of one and one-half (1 ½) times
their basic hourly rate for hours actually worked up to eight (8) in
addition to straight time holiday pay. For hours worked over eight (8)
they are paid two (2) times their basic hourly rate.
Employees assigned to standby duty are paid for holidays in accordance
with the provisions stated under Compensation.
Employees on an approved medical or temporary military training leave
of absence or on a leave for job-related injury or occupational disease
shall be paid holiday pay as provided above. Employees on any other
type of leave of absence shall receive no holiday pay for any holiday
occurring during their leave of absence.
Employees on jury duty shall be paid holiday pay as provided above for
any EOCWD holiday observed during the periods of jury service.
Eligibility for Holiday Pay
Employees are not entitled to holiday pay if they extend a holiday by
unexcused absence on the last regular workday before or the next
regular workday after a holiday.
Leaves
Sick Leave
Accumulated sick leave credits may be used for:
21
September 18, 2014
•
Absences caused by an employee’s incapacitation which resulted
from illness, injury, or pregnancy except if such
incapacitation occurred while the employee was engaged in
outside employment or was a result of outside employment.
•
Absences resulting from work related injuries or illness, which
is not compensated by Worker’s Compensation.
•
Quarantine imposed by public health authorities.
•
Medical and dental office appointments, with prior approval of
the employee’s supervisor, which shall be granted only if the
employee satisfies the supervisor that an appointment cannot be
made at a time outside the regular work day.
•
Illness or injury or death of the employee’s father, mother,
brother, sister, spouse, child, or grandparents; provided that
payment of basic salary during absence for this reason shall
continue for no more than three (3) work days per calendar
year.
•
Voluntarily induced periods of physical incapacitation,
provided that not more than twenty (20) days may be used in any
calendar year. For purposes of this section, voluntarily
induced physical incapacitation means incapacitation resulting
from cosmetic surgery and non-physician directed sterilization.
•
A supplementary payment to SDI or Worker’s Compensation
payments which, when combined with said payments, results in a
maximum payment of 90% of the employee’s regular salary.
Sick Leave Allowance
Upon completion of
employees shall have
month of continuous
continuous service,
of hire.
six (6) months continuous service, all regular
a sick leave allowance of 7.25 hours for each full
employment. After completion of six (6) months of
the amount accumulated is retroactive to the date
Temporary and part time employees are not eligible for sick leave.
Unused sick leave allowance may be accumulated to a maximum of 120
hours.
Each year on the last day of November, employees who have accumulated
an allowance in excess of (120) hours shall be given the choice of
payoff or credit to vacation of one-half (1/2) of the amount in excess
of (120) hours and the remaining one-half (1/2) shall be canceled. If
employee chooses payoff it will be included in the first pay date of
December.
22
September 18, 2014
Sick leave allowance shall not be credited for unapproved absences or
during the following absences, which extend for five (5) or more
accumulated full working days:
•
Approved personal or indefinite military leave of absence,
unless otherwise provided by law, and approved medical leave.
The amount of each employee’s accumulated allowance shall be posted at
least quarterly.
Absence due to any of these causes shall be deducted
employee’s accumulated sick leave allowance, provided:
•
from
the
The General Manager is notified during regular working hours as
promptly as possible as to the reason for and probable duration
of the absence.
Injuries sustained on the job must be reported to the General Manager
as soon as possible and, in any event, within twenty-four (24) hours
after the injury has occurred.
Upon return to work after an absence of five or more days due to
personal illness, injury, or pregnancy, employees shall be required to
provide the General Manager with a written statement from the attending
physician concerning the reason for the absence and physician’s release
to return to work.
Sick leave shall not be used for absence on a holiday on which an
employee is scheduled to work.
In no event shall paid sick leave exceed the employee’s accrued sick
leave allowance.
The minimum charge to an employee’s sick leave allowance shall be one
(1) hour. Absence of more than one (1) hour shall be charged to the
nearest full hour.
Periods of incapacity of one (1) day or more due to illness, injury, or
pregnancy while an employee is on paid vacation may be charged to the
employee’s sick leave allowance, provided:
•
The incapacity is of such a nature as to prevent the effective
use of the vacation and would prevent the performance of normal
duties if the employee were not on vacation.
•
Notice is given to the employee’s supervisor within four (4)
calendar days of the onset of the incapacity or the end of the
scheduled vacation period, whichever is earlier.
•
Upon return to work, the employee presents a statement from the
attending physician concerning the reason for the incapacity.
23
September 18, 2014
Termination
Upon termination, payment shall not be made for any accumulated but
unused sick leave.
Bereavement Leave
Whenever employees are compelled to be absent from work because of the
death of a member of their immediate family, no deduction shall be made
from their basic salary on account of such absence, which shall not
exceed three (3) days for each incident.
“Immediate family” of the employee is defined as parents, parent-inlaw, stepparents, spouse, child, brother, sister, grandparents, and
grandparents-in-law.
Compensation for absence due to bereavement shall not be deducted from
either an employee’s accumulated sick leave or vacation credits.
Personal Leave of Absence Without Pay
The General Manager with the concurrence of the Board may grant a
personal leave of absence without pay of not more than two (2) calendar
weeks to an employee requesting it in writing at least two (2) weeks in
advance of the requested start of the leave. If circumstances prevent
such advance notice, this requirement may be waived.
If an unusual emergency occurs which would prevent the employee from
returning to work at the end of the leave, upon formal request, the
General Manager, subject to Board concurrence, may grant one (1)
extension of up to two (2) calendar weeks.
Medical Leave For Job Related Injury Or Disease
Non-Job Related Illness or Injury
Employees who are ill, injured, or pregnant and present satisfactory
proof attesting to such illness, injury, or pregnancy signed by an
attending physician, may be granted a medical leave for a period of not
to exceed three (3) months. Where circumstances permit, EOCWD shall be
given two (2) weeks notice in advance of the requested commencement of
the leave.
If, at the expiration of a medical leave, the employee is physically
unable to return to work, the leave may be extended for a maximum of
three (3) months. The request for an extension shall be made in writing
prior to the expiration of the leave and shall be accompanied by a
statement signed by an attending physician setting out the reason for
the employee’s inability to return to work and the probable date of
return.
During the course of the leave or extension thereof, if requested by
the EOCWD, the employee shall submit to an examination by a physician
24
September 18, 2014
designated and paid for by EOCWD. Upon such an examination, should
EOCWD’s physician determine that the employee is able to return to
work, the medical leave will be terminated in accordance with such
physician’s findings.
Job Related Injury or Occupational Disease
An employee that sustains a job-related injury or incurs an
occupational disease arising out of and during the course of employment
by EOCWD, will be granted a leave automatically for the full period of
legal temporary disability.
Payment during this period shall be made of basic salary during absence
on such a leave.
Military Leave Of Absence
Indefinite
To the extent the law may require, upon presenting a copy of an
employee’s military orders to the General Manager, an employee who
enters the Armed Forces by enlistment, induction, or recall from
reserve status shall be granted a military leave of absence for the
full period of service.
Temporary Military Leave
Payment of employees on temporary military leave is governed by Section
395.01(a) of the Military and Veteran Code of the State of California:
“Any public employee who is on temporary military leave of absence for
military duty ordered for purposes of active military training,
encampment, naval cruises, special exercises, or like activity as such
member, provided that the period of ordered duty does not exceed 180
calendar days including time involved in going to and returning from
the duty, but not for inactive duty such as scheduled reserve drill
periods, and who has been in the service of the public agency from
which the leave is taken for a period of not less than one year
immediately prior to the day on which the absence begins shall be
entitled to receive his salary or compensation as such public employee
for the first thirty (30) calendar days in any one fiscal year. For
purposes of this section in determining the one year of public agency
service, all service during the military leave of said public employee
in the recognized military service shall be counted as public agency
service.”
The time when military leave may be taken shall be subject to the
General Manager’s discretion and applicable military regulations.
Jury Duty Leave
Employees who perform jury duty are granted time off without loss of
pay for the actual period of service required for such duty. Employees
will be paid the difference between their basic salary and the jury
duty pay they receive, not including reimbursed expenses.
25
September 18, 2014
Maternity Leave Of Absence
A maternity leave without pay may be taken up to one (1) calendar month
before birth and extending up to three (3) calendar months following
birth.
Voting
Time off work for voting in general, direct primary, or presidential
primary elections is in accordance with the laws of California which
provide, in substance, as follows:
If an employee who is a registered voter does not have sufficient time
outside working hours in which to vote, the employee may take off
enough time from work, when added to available voting time outside
working hours, which will enable the employee to vote. Up to two (2)
hours of such time off work shall be allowed before time off is
deducted from the employee’s pay.
Time off from work must be at the beginning or end of the regular work
day, whichever will permit the most free time for voting and the least
time off work.
At least two (2) days notice, in writing, in advance of the election
must be given by the employee who requests time off work to vote.
Conditions of Leaves
Except as otherwise provided herein, all leaves of absence shall be
without pay.
An employee who engages in outside employment, either for another
employer or in self-employment, during a leave of absence may be deemed
to have quit without notice, unless such activity is expressly authorized
by EOCWD at the time the leave is granted.
An employee who exceeds a leave or an approved extension thereof shall
be deemed to have quit without notice.
An employee on a leave of absence extending beyond thirty (30) days
must request a restoration of his position five (5) days before the
requested day to return to work.
Employees who are absent without approval for more than three (3)
consecutive regularly scheduled workdays, shall be deemed to have quit
without notice.
26
September 18, 2014
Insurance
EOCWD provides a comprehensive program of insurance for all regular
employees and their dependents. Part-time and temporary employees are
not covered by EOCWD’s insurance plans. Details concerning insurance
benefits are contained in separate documents that are issued from time
to time to each regular employee. This document describes the provisions
of the Group Policy principally affecting the persons insured. The
final interpretation of any specific provisions in this booklet is
governed by the terms of the Group Policy. Eligible employees and
dependents are covered as follows:
Coverage of employees commences on the first day of the calendar month
next following the date of completion of one (1) month of service if
they are not away from work due to disability on that date. If an
employee is off work due to disability, insurance coverage starts upon
the employee's return to active full-time work.
Enrolled dependents are covered on the date the employee's insurance
is effective or on the date an individual becomes a dependent and is
enrolled, whichever is later.
Retirement Plan
EOCWD's PERS Retirement Plan provides benefits to participating
employees upon retiring. The details of these benefits are set
forth in separate documents issued to regular employees.
Regular employees are automatically enrolled upon employment based on
PERS guidelines. Part-Time, permanent employees who work more than
1,080 hours in a year will be enrolled in PERS after attaining the
requisite number of hours worked.
Effective July 2229, 20132016, employees will pay 23% of the 7%
employee contribution to PERS; EOCWD will pay the remaining 54%.
Educational Assistance
Purpose
In order to encourage employees to develop and improve their jobrelated skills through continuing education, EOCWD has established an
assistance plan for employee education.
Qualifications
To become eligible for assistance, employees must:
•
Have been continuously employed at least six (6) months and
27
September 18, 2014
successfully completed the probation period unless an exception
is approved by the Personnel Committee;
•
The course or program must be approved by the General Manager;
•
Courses must be selected from those given by an accredited or
approved college or school which relate directly to their
present or future assignments, and do not conflict with their
regular work schedule, unless approved by the General Manager;
and
•
Submit a written request for course or program approval.
All courses must be approved in writing by the General Manager and the
Personnel Committee prior to the beginning of the course.
Reimbursement
Employees who receive approval for courses or a program, continue to be
employed by the EOCWD, and achieve a final grade of "C" or better, will
be fully reimbursed on a semester or course basis, whichever is
applicable, for the cost of tuition, registration fees, and required
text books.
Reimbursement will be equal to the cost requirements at the least
expensive educational institution offering the same or equivalent
course or program.
Original receipts from the educational institution
before reimbursement payment will be processed.
will be required
Uniform/Identification Cards
All employees who are provided with uniforms are required to wear them
at all times on the job. Employees who are provided an identification
card or badge shall carry or wear it while on the job.
Credit Union
Employees are eligible to join the Orange County Employee’s Federal
Credit Union. Membership entitles an employee a convenient form of
savings and a possible source of credit.
LAYOFF AND RECALL
Layoff
In the event a reduction in EOCWD's labor force becomes necessary,
EOCWD will determine employees who are to be laid off, with
consideration given to work needs, employee's work performance, and
length of continuous employment.
28
September 18, 2014
EOCWD shall first determine the classifications from which employees
subject to layoff will be drawn. All employees in the selected
classifications shall be subject to layoff, except employees who have
special or unique skills essential to EOCWD operations. Part-time,
temporary, and probationary employees in classifications from which
positions are to be eliminated shall be subject to layoff or termination
prior to regular, non-probationary employees.
Work performance shall be the primary determinant of the order of
layoff among employees subject to layoff. Employees whose performance
is the least satisfactory will be laid off first.
Among employees whose work performance is relatively equal,
employees with less continuous employment will be laid off first.
those
Re-Employment List
Regular employees who have been laid off shall be placed on the
employment list in the reverse order of their layoff; i.e., the last
employee laid off shall be the first eligible for recall.
Employees laid off for a continuous period in excess of one (1) year
shall no longer be eligible for recall, and their names shall be
removed from the recall list. However, an employee may request that his
name be retained on the list for an additional year if the employee
request is received prior to the end of the one-year period.
Recall
When new jobs are created or vacancies occur, the General Manager shall
determine whether there are employees on the recall list who are
qualified to fill such jobs.
Employees on the recall list are eligible to be recalled in reverse
order of layoff, first, to a position from which they were laid off. If
no vacancies occur in their former position and if they are qualified,
they are eligible for recall to another, lower position.
An employee who is offered and refuses to accept a position, from which
he was laid off, shall lose all recall rights under these rules.
SAFETY
Employees shall conduct their job duties in a safe manner in compliance
with the District's written Injury Prevention Program and all CAL-OSHA
rules and regulations.
All employees shall wear seat belts while driving or riding as a
passenger, in a district vehicle or using a personal vehicle on
district business.
Hard hats shall be worn when there is any hazard from overhead work.
29
_September 18, 2014
Orange Safety Jackets shall be worn when there is any hazard from road
traffic.
All employees in the area shall wear impact goggles during use of
jackhammers or other means of concrete breaking.
Non-prescription safety glasses are provided for all employees and are
required for all work where eye hazards exist.
One pair of prescription safety glasses is provided for each employee
that wears prescription glasses. There is no cost for the glasses;
however, the employee must provide the prescription at their own cost.
UNRESOLVED PERSONNEL MATTERS PROCEDURE
A procedure has been established for the following purposes:
•
Promoting improved employer/employee relations by
establishing an appropriate means for determining the
validity of a personnel matter which remains unresolved;
i.e., claims by an employee that EOCWD has violated,
misinterpreted, or misapplied an obligation to the employee
as such obligation is expressed and written in the EOCWD's
employee policies and procedures;
•
Providing a method of resolving such claims as closely as
possible to the point of origin and as informally as
possible, and encouraging communications between supervisors
and employees.
Procedure Steps
Step One: Immediate Supervisor
An employee who has an unresolved matter shall first discuss it
informally with his/her immediate supervisor within five (5) working
days after he/she knew or reasonably should have known of the occurrence
of the cause for the matters or issue. (Step Two is to be omitted if
the immediate supervisor is the General Manager).
Step Two: General Manager
If the matter or issue is not resolved within two (2) working days
after its submission in Step One, employee may submit the matter or
issue in writing to the General Manager within five (5) working days
thereafter. The General Manager shall meet with the employee within two
(2) working days after submission of the matter or issue and shall
deliver his/her answer in writing to the employee within two (2)
working days after such meeting.
30
_September 18, 2014
Step Three: Operations Committee of the Board of Directors
If the matter or issue is not resolved in Step Two, the employee may
submit it in writing to the Operations and Personnel Committee of the
Board of Directors within five (5) working days after receiving the
matter or issue and shall deliver its answer to the employee in writing
within five (5) working days after such meeting.
Step Four: Board of Directors
If the matter or issue is not resolved in Step Three, the employee may
submit it in writing to the Board of Directors by requesting the
Operations and Personnel Committee to arrange for a hearing before the
Board at its next regular meeting. This time limit may be extended to a
definite date by mutual agreement of the employee and the Operations
and Personnel Committee. The Board of Directors shall respond to the
matter or issue at their next regular meeting following the Board's
meeting at which the matter/issue was heard or as soon as mutually
convenient.
General Provisions
If appeal for one of the above-described steps is not made within the
time limits indicated, the matter/issue will be considered to be
settled on the basis of the last decision rendered. Any matter/issue
not responded to within the prescribed time limits will automatically
be advanced to the next higher step unless the time limit is extended
by mutual agreement.
Employees are assured freedom from reprisal for using this procedure to
resolve personnel matters.
PERSONAL CONDUCT
In order to safeguard the best interests of themselves, EOCWD, and the
public, all employees are expected to comply with standards of conduct
on the job at least equivalent to those all citizens must meet in
private life.
In performing their work, employees may come into contact with the
public, which judges the EOCWD service by the appearance and behavior
of its employees and has the right to expect good manners and service.
When employees encounter discourteous persons, it is especially
important for them to maintain a helpful attitude. Continuing courtesy
on the part of employees, in spite of an occasional irate individual,
will do much to perpetuate the excellent relationship that exists
between EOCWD employees and the community.
EOCWD Property
Employees in possession of keys to EOCWD premises shall not permit
their keys to be used by unauthorized persons, and shall not permit
31
_September 18, 2014
persons
not
conducting
official
EOCWD
business
or
authorized
Governmental or peace officers, to enter EOCWD's premises or facilities
except those portions open to the public. Employees shall lock and
secure gates and buildings when they vacate them.
Every job in EOCWD requires the use of District supplies, materials,
and equipment. It is the employee's responsibility to maintain District
property and equipment in the best possible condition and to make the
most economical use of supplies.
Use of Telephone
While it is understood that the use of District telephones and cell
phones for personal reasons is occasionally necessary, the privilege
must not be abused and time spent with a personal call should be kept
to a minimum. Personal toll calls are not to be charged to the
District, as this will be considered misappropriation of public funds.
Personal Use of EOCWD Property
EOCWD vehicles and equipment shall not be utilized for personal use;
provided, that the General Manager’s assigned vehicle may be used for
commuting between EOCWD and the General Manager’s personal residence.
Use of EOCWD Residence and Residence Sites
Use of the EOCWD residence and residence site shall be governed by
separate agreement or arrangements with the affected employee.
Misconduct
Supervisors are responsible for carefully investigating those cases in
which it is believed that an employee has engaged in misconduct and
shall take appropriate corrective action.
DISCIPLINARY ACTION
Kinds of Disciplinary Action
The following disciplinary action may be taken against any employee
either by the General Manager or his designee.
•
•
•
Oral or written warning.
Suspension (an involuntary absence without pay).
Demotion (subject to Board approval).
Demotion is defined as a reduction from a position to another position
having a lower salary effected for disciplinary purposes. (Demotions resulting
from employee's inability to perform required duties, organizational
changes, and layoffs are not disciplinary).
32
July 18, 2013 September 18, 2014
Dismissal (subject to Board approval): Dismissal is defined as a discharge
from employment with EOCWD.
Cause for Disciplinary Action
It is intended that discipline be imposed primarily for corrective
purposes and to address deficiencies in work performance. The
following is a non-exclusive list of the more common causes for
disciplinary action that are contrary to the employment policies
and procedures of EOCWD:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Inefficiency or incompetence.
Willful disobedience or insubordination.
Self-imposed physical or mental disability.
Dishonesty.
Consumption of alcoholic beverages or the use or possession
of illegal drugs during regular work hours, including lunch
hour, and reporting to work under the influence of alcohol
or illegal drugs.
Possession of weapons or firearms while on duty
Disorderly or immoral conduct.
Discourteous treatment of the public.
Conviction of a felony.
Absence without approved leave.
Excessive tardiness
Poor work attitude or neglect of duty or failure to perform
any assigned task or duty.
Actions incompatible with, or not in the best interests of,
public services.
Failure to follow safe working practices or failure to
promptly report an injury.
Threats against the District or its employees
Willful failure to read customer water meters.
Cause for Termination
Of the causes listed above, it should be noted that the following,
due to the extreme seriousness of the matter, might be cause for
immediate termination:
•
•
•
•
•
Alcohol or drug abuse.
Willful failure to read meters, or misrepresentation of any
water meter reading, including use of estimates.
Conviction of a felony.
Possession of weapons or firearms while on duty
Threats against the District or its employees
33
September 18, 2014
Alcohol And Drug Policy
The purpose of this policy is to establish a safe healthy working
environment for all employees.
Those employees with drug and alcohol abuse problems usually make
up only a small fraction of the work force, and EOCWD regrets any
inconvenience that may be caused the many non-abusers by the
problems of a few. It is believed, however, that the benefits to be
derived from the reduction in number of accidents, the greater
safety of all employees, and the termination of those who, because
of alcohol or drugs, are a burden upon all other employees, will
more than make up for any inconvenience or loss the rest of the
employees might be subjected to. EOCWD earnestly solicits the
understanding and cooperation of all employees in implementing the
policies set forth herein.
Definitions
Alcohol or Alcoholic Beverages - any beverage that may be
legally sold and consumed and that has an alcoholic content
in excess of .05% by volume;
Drug - any substance (other than alcohol) capable of altering
the mood, perception, pain level, or judgment of the
individual consuming it;
Prescribed Drug - any substance prescribed for the individual
consuming it by a licensed medical practitioner;
Illegal Drug - any drug or controlled substance, the sale or
consumption of which is illegal.
Alcoholic Beverages
District employees shall not consume alcoholic beverages on
District premises, property, work sites, while on District
business inside or outside the District, or in vehicles
during scheduled work hours or lunch, except in connection
with District authorized events.
Drinking or being under the influence of alcoholic beverages
while on duty is cause for termination.
Any employee whose off-duty abuse of alcohol results
excessive absenteeism or tardiness or is the
cause
accidents or poor work will be terminated.
in
of
Prescription Drugs
No prescription drug shall be brought upon District premises
34
September 18, 2014
by any person other than the person for whom the drug is
prescribed by a licensed medical practitioner, and shall be
used only in the manner, combination and quantity prescribed.
If this prescription drug may cause drowsiness or other
similar effect, the employee is to notify the Supervisor
prior to beginning of work shift.
Illegal Drugs
The use of an illegal drug or controlled substance or the
possession of same on duty is cause for termination.
The sale, trade or delivery of illegal drugs or controlled
substances by an employee to another person at any time is
cause for termination and for referral to law enforcement
authorities. Any employee whose off-duty abuse of illegal
drugs results in absenteeism or tardiness or is the cause of
accidents or poor work will be terminated.
Safety of Work Force
If the District has probable cause to believe that any
employee or group of employees is involved in the misuse of
alcohol and/or illegal drugs and that misuse could lead to
the endangerment of the employee, fellow employees and/or
District property, EOCWD can require that the employee(s)
participate in the following:
•
Medical screening to include urinalysis and/or blood
test for determining use of alcohol and/or drugs.
•
Search of any vehicle brought upon or parked upon
District premises. Search of any pocket, package,
purse, briefcase, tool box, lunch box, or other
container brought upon District premises.
•
Search of desk, file, cabinet, etc.
Note: Medical screening and/or searches will not be conducted
without the knowledge and consent of the Operations and
Personnel Committee and/or Board of Directors. A written
report for each search and/or medical screen will be prepared
and submitted to the Board for review.
The District encourages employees who feel that they have
developed an addiction to, dependence upon or problem with
alcohol or drugs, legal or illegal, to seek assistance and
rehabilitation. Assistance may be sought by contacting the
General Manager.
All contacts are totally confidential and are not considered
part of an employee's personnel file.
j
September 18, 2014
35
Notification of Proposed Disciplinary Action
An affected employee shall be given prior notification of a
proposed disciplinary action. Notification shall include a
statement of the proposed action and reasons therefore. A
copy of the notice shall be sent to the Operations and
Personnel Committee and the Board.
Administrative Review
All employees, with the exception of management, probationary,
part-time, and temporary employees, shall have the right to
an Administrative Review of a disciplinary suspension,
demotion, or dismissal. Such review will be conducted by
the Board's Operations and Personnel Committee prior to the
effective date of the disciplinary action unless unusual
circumstances justify an effective date which makes prior
review unfeasible. In this event, the review shall be
conducted within a reasonable period of time after the
effective date of the disciplinary action. If requested, the
employee shall be provided copies of materials supportive of
the disciplinary action and permitted to appear personally
before the Operations and Personnel Committee.
California Driver License
All employees who drive District vehicles are required to possess and
maintain a valid California driver’s license. All employees are required
to immediately notify the District General Manager if license is lost,
suspended, restricted, revoked, or a driving citation is received
while driving a District motor vehicle. Violation of this policy may
result in suspension or termination of employment at the discretion
of the District. The District's insurance carrier requires annual
copies of employee's driving records be made available for District
review.
j
September 18, 2014
36
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: CORROSION PROTECTION – WZ/RZ FACILITIES
DATE:
JULY 21, 2016
BACKGROUND
The draft 2015 Wholesale and Retail Master Plans identified two corrosion protection projects:
Stage 1 – Installation of Galvanic Anodes in the 11MG (Andres) Reservoir; Stage 2 – Design of CP and
Rectifiers for Peters Canyon Pipeline, Fairhaven and Ethelbee Takeout, Barrett Reservoir, Newport
Reservoir and Chandler Ranch Takeout and State 3 – Installation of CP at other sites. Stage 1 is a
construction project and Stage 2 is primarily a design project with some field adjustments
(construction); Stage 3 is primarily a construction and condition assessment project.
Requests for bid for the Stage 1 Project were sent to five firms and ultimately awarded to CorrPro, a
cathodic protection firm that primarily does corrosion protection construction. Their bid for $12,700 was
within the Engineering & Operations Committee’s authority to award.
The Stage 2 Project Request for Proposals were sent to two preselected firms, which are uniquely
qualified to perform the specific on-call consulting services. The five contractors who received the
Andres Reservoir CP RFB were specifically not included in the list of firms to receive the Stage 2 RFP,
because the Stage 2 services include reviewing the installation work by the selected Stage 1
contractor.
One proposal was received from V&A (attached), the firm that prepared the CP System Evaluation
Report used in the Master Plans. The V&A fee for the full Stage 2 work is $48,297:
Task
1
Project Management
Sub-Total
Labor
Costs
$1,677
1a
Andres Reservoir Inspection
$4,991
2a
Peters Canyon Pipeline CP System Pre-Design Field
Adjustments
Peters Canyon Full Design (if needed)
$4,894
$3,984
4a
Fairhaven and Ethelbee Meter Station Pre-Design Field
Adjustments
Fairhaven and Ethelbee Meter Station CP System Design (if
needed)
Barrett Reservoir Rectifier Pre-Design Field Adjustments
4b
Barrett Reservoir Rectifier Design (If needed)
$3,844
5a
Newport Reservoir Rectifier Pre-Design Field Adjustments
$3,378
5b
Newport Reservoir Rectifier Design (If needed)
$7,132
6a
$1,776
6b
Chandler Ranch Flow Control Facility - Pre-Design Field
Measurements
Chandler Ranch Flow Control Facility Design (if needed
6b
Other Direct Costs
$1,600
2b
3a
3b
Description
GRAND TOTAL ESTIMATED COST
$4,103
$7,391
$1,386
$7,132
$48,297
Corrosion Protection
July 21, 2016
2
FINANCIAL IMPACT
Funding for this work is included in the FY 16/17 Capital Improvement Program under Account
#71106E1 and 71202E1.
RECOMMENDATION
The Board award a contract for Stage 2 Corrosion Protection Engineering Services to V&A
Engineers for a not-to-exceed cost of $48,297.
2
Engineering Services Proposal
Cathodic Protection Program Technical Support
Prepared for
East Orange County Water District
185 N. McPherson Rd
Orange, CA 92869
Prepared by
V&A Consulting Engineers
11011 Via Frontera• Suite C
San Diego, CA 92127
June 29, 2016
11011 Via Frontera
Suite C
San Diego, CA 92127
858.576.0226 Tel
510.903.6601 Fax
vaengineering.com
June 29, 2016
East Orange County Water District
185 N. McPherson Rd.
Orange, California
92869-3720
Attn: Bill Everest, Engineering Program Manager
Re:
Request for Proposal Cathodic Program Technical Support
Dear Mr. Everest,
The East Orange County Water District (EOCWD) is looking for a consultant team to provide corrosion
engineering support services. We understand the successful firm will lend the ir expertise and
manpower to scheduled cathodic protection surveys on a variety of corrosion inspections and
assessments. With the corrosion experience and expertise in Southern California, a responsive Project
Manager, and a seasoned team of experts, the V&A team is interested in performing this work. By
selecting V&A, you will be securing the best team able to deliver corrosion engineering services to
EOCWD.
V&A has the local resources in terms of capable, committed, and available staff and equipment to
complete this project in a safe, thorough, and expeditious fashion to meet EOCWD’s expectations. Our
staff specializes in corrosion assessment of structures by means of various testing methods and
provides recommendation for rehabilitation, repair, or rehab ilitation with minimal disruptions to
operations. Our proposed team members are experienced in condition assessment, corrosion control
engineering, cathodic protection system design, installation, and maintenance, and are registered
engineers who understand the underlying critical factors that impact water and wastewater collection,
storage, and delivery systems.
By signature of this letter, I promise and commit to the East Orange County Water District, that this
project will receive our full corporate support and resources necessary. The proposal presented to
EOCWD is valid for 90 days as of the date of this letter. If you have any questions regarding the
proposal presented, please feel free to contact me any time.
We look forward to working East Orange County Water District on this important project.
Sincerely,
Debra L Kaye, PE
Southwest Regional Manager
V&A Consulting Engineers, Inc.
Statement of Qualifications
V&A is a consulting firm with a reputation and long‐established history of providing responsive service
and successful solutions specialized in corrosion engineering. Headquartered in Oakland, CA and
founded by José Villalobos, PE in May of 1979, V&A has since evolved into a multi ‐disciplined
engineering organization concentrating on civil infrastructure. We now employ 39 team members in four
offices located in Oakland and San Diego, CA, Houston, TX, and Las Vegas, NV. Several are state of
California-certified corrosion engineers and most are NACE certified as well.
We are passionate about what we do, from field verifying pipe condition to assessing true remaining life
of treatment plants, structures, and facilities. We bring absolute value to anyone responsible for taking
care of and protecting America’s infrastructure systems in water, wastewater, and light rail transit. W e
assess resiliency and sustainability by providing methodically‐collected data by:
1. field verifying what actually exists and true replacement cost ﴾s﴿;
2. measuring and documenting condition; and
3. providing supportive data and advising how best to maximize value.
V&A services municipalities, special districts, counties, and private agencies. We team with design
consultants and municipal clients on projects such as evaluation and condition assessment of tanks,
utilities, and water treatment plants; design of galvanic and impressed current cathodic protection
systems for tanks, pipelines and water treatment plants; coating systems recommendations and
evaluation; field testing cathodic protection systems; corrosion failure analysis; materials selection; an d
more. Our team of dedicated and experienced engineers is committed to doing the job right, on
schedule, and within budget. Our Service Lines include corrosion engineering, condition assessment,
coatings system management, flow monitoring, odor control, asset management, an alternating current
(AC) interference mitigation.
V&A manages risk by requiring a mandatory review of all data, reports, plans and specifications
entailing proper formatting, correct grammar, and technical information reviews. V&A ensu res plans and
specifications are in accordance and meet agency/client guidelines V&A engineers have completed
more than 20,000 confined‐space entries and designed in abundance of 1,000 corrosion control
systems for water and wastewater facilities. Our comprehensive quality assurance/quality control
(QA/QC) program addresses not only design work, but field activities. Quality is achieved when work is
adequately planned, assigned, executed, and checked.
Safety is of the highest priority and is an integral par t of our work. V&A has developed an independent
Health and Safety program, which complies with Federal and Cal/OSHA regulations. V&A’s field services
staff are trained in CPR/First Aid and certified for confined ‐space entry. All equipment and gear is kept
in optimal operating condition or replaced as necessary.
|
1
Locations of Resources
(Project Team)
The members of the proposed project team have completed several challenging CP system evaluation
projects. V&A has the experience required to complete this important work for EOCWD. Our team has
completed many projects that required extensive testing and analysis and resulted in correction of
several problems or deficiencies in the CP system at a significant cost savings to the client. The
following are additional benefits of hiring V&A for EOCWD’s corrosion needs:
Extensive experience with large corrosion control programs requiring collection, analyzation, and
complex system data presentation
Proven performance record for cost and schedule control
Successfully resolution of complex corrosion control issues
Commitment to the provision of training and safety
The qualifications, scope of work, and methodology included throughout this proposal clearly
demonstrate our knowledge, skills, and abilities to perform the assigned tasks associated with this
program. Our team is also prepared to assist with other critical project components in order to keep
projects on schedule and within budget.
The staff selected for this project has the specific work experience needed to address th e work scope
described in your request for proposal (RFP). V&A has offices located California, Texas and Nevada. The
team is organized as detailed in the following paragraphs and each team member’s home office
location is noted.
Principal in Charge / QA-QC Director: Glenn H. Willson, PE – Oakland, CA. Glenn is a licensed corrosion
and civil engineer in California with more than 33 years of experience in designing and testing , new as
well as existing, CP systems including protection of tanks and storage systems and potable
water/wastewater transmission lines for municipal and private owners. Glenn is also experienced in the
evaluation of coating systems, pipeline and tank rehabilitation , and construction inspection. He will be
responsible for committing the resources needed to complete this project and provide direction on the
testing and report preparation.
Project Manager: Debra Kaye, PE – San Diego, CA. Debra has more than 32 years of experience and is a
licensed civil engineer. As Project Manager, Debra brings valuable insight to project management with
her diverse background— having spent 24 years of her career employed by investor- and publicly- owned
water utilities and seven years working as a consultant to utility agencies. She has 13 years of field
experience in water treatment and distribution operations, has worked as a planning and de sign
engineer, as well as a General Manager.
Project Engineer/CP4: Chris Sheldon, PE – Houston, TX. Chris is a licensed corrosion control specialist
with more than 26 years of experience relating to cathodic protection. He has exceptional leadership
skills with an extensive knowledge of utility corrosion control including engineering design, construction,
and project management. Proven technical support skills managing a wide variety of groups and teams
2
|
V&A Consulting Engineers • Oakland • San Diego • Houston • Las Vegas
|
www.vaengineering.com
while developing best practices. Dedicated to providing high quality results and meeting schedules at
the lowest cost.
Corrosion Associate Engineer: Matthew Snow, EIT – San Diego, CA. Matt has recently completed and
passed his examination for NACE CP3. Matt will be involved with the corrosion data management
systems, MapInfo programming and field operations related to testing and monitoring of the corrosion
control systems. Working throughout multiple practice areas, he has over three years of experience in
conducting tests including pipe-to-soil potential surveys, continuity testing and soil resistivity
measurements. Matt is experienced with the field and lab instrumentation and proficient with various
corrosion testing methods and procedures commonly used in corrosion engineering. His responsibilities
will include data evaluation and report preparation.
Corrosion Technician: Michael Sherman – San Diego, CA. Michael is a NACE-certified CP2 and will be
responsible for corrosion data management systems, MapInfo programming, and field operations
related to testing and monitoring of corrosion control systems . He has more than 12 years of field
experience and is field and lab-instrumentation proficient and very knowledgeable of industry -standard
corrosion testing methodologies used in corrosion engineering. Michae l has extensive experience with
recording GPS locations of test stations and other CP system components.
Consultant Furnished
Supplies and Materials
High Impedance Voltmeter - A Fluke 87V digital multimeter with high input impedance, a measurement
accuracy of ± 0.05%, and a resolution of 10µV is to be used to measure structure -to-electrolyte
potentials, anode current outputs, and anode open circuit potentials. The high input impedance is used
to reduce the effects of contact resistance between the referenc e electrode and the electrolyte and to
prevent the electrode from polarizing.
Portable Reference Electrode - An M.C. Miller IonX portable copper/copper sulfate reference electrode
is to be used to measure structure-to-electrolyte and anode open circuit potentials. The reference
electrode is factory calibrated and verified for accuracy once every 12 months by M.C. Miller.
Portable Rectifier – A Portable Rectifier Model LTR manufactured by Universal Rectifiers is to be used to
perform current requirement testing. The rectifier has a maximum current output of 50 amps and an
Interrupt Timer to allow “On” and “Instant Off” structure -to-electrolyte potentials to be measured.
|
3
Client References
Reference #1, Distribution and Transmission Pipeline Annual
Corrosion Survey
V&A performed a corrosion survey of the District’s existing water distribution and transmission system.
Task 1 included reviewing existing alignment drawings and previous corrosion survey reports. V&A
prepared equipment required to perform the survey and a plan to complete field work. Task 2 included
performing an evaluation of all test stations. Finally, a corrosion survey report was prepared
documenting the results.
Project Owner: Western Municipal Water District
Team Members: Glenn Willson, PE – PIC, Chris Sheldon, PE – Sr. PM, Matt Snow – Assistant Engineer,
Michael Sherman – Engineering Assistant
V&A Contract Amount: $90,000 | Dates: June 2015 – active project
Reference: Felix Sergio, Construction Management. Supervisor, WMWD, 14205 Meridian Parkway,
Riverside, CA 92518 • E: [email protected] • P: 951.571.7100
Reference #2, Corrosion Support Engineering Services
V&A evaluated and determined the condition of 23 existing cathodic protection (CP) systems consisting
of 579 test stations and 37 rectifiers. The surveys were performed by a NACE -certified CP2 Technician.
The data analysis and report are provided by a NACE Cathodic Protection Staff Specialist; documenting
the CP testing results and providing recommendations for improvements to the tested CP systems.
Project Owner: San Diego County Water Authority, Team Members: Glenn Willson, PE – PIC, Chris
Sheldon, PE – Sr. PM, Matt Snow – Assistant Engineer, Michael Sherman – Engineering Assistant V&A
Contract Amount: $435,000 | Dates: January 2014 – active project
Reference: Nathan Faver, San Diego County Water Authority, 610 West 5 th Ave, Escondido, CA 92025 •
E: [email protected] • P: 858.776.6540
Reference #3, Steel Water Tank Condition Assessment
V&A was retained by the District to assess the condition of Reservoir 3C -2 at the Lloyd W. Michael Water
Treatment Plant. The reservoir is a 16 million-gallon pre-stressed concrete reservoir with 21 internal
steel columns and a steel truss roof. Ten steel columns were selected for detailed assessment during
the preliminary entry of the reservoir by V&A. Following the condition assessment of the reservoir, V&A
performed a structural review of the reservoir columns, cable bracing, footings and anchor bolts based
on the current condition of the reservoir, and provided design recommendations.
Project Owner: Cucamonga Valley Water District, Team Members: Debra Kaye, PE – Sr. PM, Matt Snow –
Assistant Engineer, Michael Sherman – Engineering Assistant
V&A Contract Amount: $98,859 | Dates: May 2015 – October 2015
Reference: Rob Hills, Cucamonga Valley Water District, 10400 Ashford St, Rancho Cucamonga, CA
91730 • E: [email protected] • P: 909.944.6060
4
|
V&A Consulting Engineers • Oakland • San Diego • Houston • Las Vegas
|
www.vaengineering.com
Reference #4, Steel Water Tank Condition Assessment
Based on seismic vulnerability, several steel tanks with sufficient design life were recommended for
inspection. V&A performed a condition assessment evaluation on 6 of the 12 water storage tanks that
could be taken out of service. One bolted steel tank and five welded steel tanks with capacities
between 500,000 gallons and 15.6 million gallons were evaluated. The tanks were b uilt between 1960
and 1989. V&A performed a variety of tests and made repair recommendations.
Project Owner: San José Water Company
Team Members: Glenn Willson, PE – PIC, Matt Snow – Assistant Engineer
V&A Contract Amount: $232,403 Dates: April 2015 – active project
Reference: Jake Walsh, PE, Engineering Unit Mgr., 12685 S. Bascom Ave., San José, CA 95129
E: [email protected]• P: 408.279.7850
|
5
Fee
Task 1
RESOURCE ALLOCATION ESTIMATE
PROPOSAL NO: 16-0094
CLIENT: EOCWD
OWNER: EOCWD
JOB TITLE: Task 1 - Andres Reservoir CP Energization
Task
1
Description
Andres Reservoir Activation
Subtotal
Hourly
Total Direct Labor
Date:
Principal-inC harge
Senior Project
M anager
1
1
$297
$297
4
4
$259
$1,036
Associate
Engineer
18
18
$173
$3,114
Adm inistrator/
C lerical
4
4
$86
$344
6/29/2016
Total Labor
Hours
27
27
$ 4 ,7 9 1
Sub-Total Labor
C osts
$ 4 ,7 9 1
$ 4 ,7 9 1
Other Direct Costs
Unit Cost
Units
$85 per day
$0.575 per mile
Truck (per day)
Mileage (per mile)
# Units
1
200
Subtotal Other Direct C osts
|
V&A Consulting Engineers • Oakland • San Diego • Houston • Las Vegas
$85
$115
$200
GRAN D TOTAL ESTIM ATED C OST
6
Cost
$ 4 ,9 9 1
|
www.vaengineering.com
Task 2
RESOURCE ALLOCATION ESTIMATE
PROPOSAL NO: 16-0094
CLIENT: EOCWD
OWNER: EOCWD
JOB TITLE: Task 2 Field Pre design testing and Design if needed
Task
Date:
Principal-inC harge
Description
Senior Project
M anager
Associate
Engineer
Engineering
Assistant
Adm inistrator/
C lerical
4
35
4
1
2a
Project Management
Peters Canyon Pipeline CP System Pre-Design Field Adjustments
1
4
2b
Peters Canyon Full Design (if needed)
1
2
16
3a
Fairhaven and Ethlebee Meter Station Pre-Design Field Adjustments
3b
4a
4b
5a
5b
6a
6b
Fairhaven and Ethlebee Meter Station CP System Design (if needed)
Barrett Reservoir Rectifier Pre-Design Field Adjustments
Barrett Reservoir Rectifier Design (If needed)
Newport Reservoir Rectifier Pre-Design Field Adjustments
Newport Reservoir Rectifier Design (If needed)
Chandler Ranch Flow Control Facility - Pre-Design Field Measurements
Chandler Ranch Flow Control Facility Design (If needed)
1
2
32
Subtotal
Hourly
Total Direct Labor
1
16
1
1
32
1
6
$297
$1,782
1
11
$259
$2,849
32
128
$173
$22,144
Total Labor
Hours
9
39
Sub-Total Labor
C osts
$ 1 ,6 7 7
$ 4 ,8 9 4
23
$ 4 ,1 0 3
32
$ 3 ,9 8 4
43
11
22
27
42
14
42
304
$ 7 ,3 9 1
$ 1 ,3 8 6
$ 3 ,8 4 4
$ 3 ,3 7 8
$ 7 ,1 3 2
$ 1 ,7 7 6
$ 7 ,1 3 2
$ 4 6 ,6 9 7
$ 4 6 ,6 9 7
4
28
1
6/29/2016
8
10
4
24
8
13
8
142
$130
$18,460
4
1
3
1
17
$86
$1,462
Other Direct Costs
Unit Cost
Units
$85 per day
$0.575 per mile
Truck (per day)
Mileage (per mile)
Subtotal Other Direct C osts
GRAN D TOTAL ESTIM ATED C OST
# Units
8
1,600
Cost
$680
$920
$ 1 ,6 0 0
$ 4 8 ,2 9 7
|
7
V&A understands that the proposed fee exceeds the project budget and suggests that EOCWD considers
using the remaining budget from the existing contract with EOCWD where V&A is a sub to Carollo for the
design of the CP system for the Andres Reservoir to cover the cost of Task 1.
The fee for Task 2 is based on an assumption that a complete design wi ll be required for each system.
As explained in our Scope of Work, field adjustments to the CP equipment or minor improvements may
be all that is needed to provide adequate protection. V&A proposes that we perform the tasks as we
have defined in our Scope of work and bill on a time and materials basis. We will accomplish as much
as possible within the $20,000 budget.
Scope of Work
Task 1 - Inspection of Andres Reservoir CP System
Native tank-to-water potentials will be measured by submerging a calibrated portable reference
electrode in the tank from the roof manway hatch while the tank is full of water and before the cathodic
protection (CP) system has been energized. Once the CP system has been energized, the tank will be
allowed adequate time to polarize and “On” and “Instant Off” tank-to-water potentials will be measured
from the roof manway hatch with a calibrated portable reference electrode. The total anode current
output will be measured from the CP system controller. The data collected during the activation will be
compared to the criteria established in NACE SP0169 and a letter report summarizing the results of the
inspection will be provided.
Task 2 - Design Development of CP System Repairs
It must be noted that the scope of work for the 2015 corrosion control system evaluation performed by
V&A was only to determine the existing state of the District’s catho dic protection and corrosion
monitoring systems and troubleshooting and adjustments to the systems were not performed. Therefore
the initial step to this task will be to perform additional testing to determine if adequate protection of
the structures may be achieved by performing adjustments and minor improvements to the systems
that do not require a design or construction by a contractor.
With respect to the available project budget and based on conversations with the District, V&A has
prioritized the items listed in the RFP to ensure the tasks with the highest priority to the District are
completed first should the project budget be exhausted prior to the completion of each task . In order to
perform as many tasks as possible, V&A will only perform the minimum required testing to determine if
it can be shown the structures featuring a cathodic protection (CP) are adequately protected as defined
by NACE criteria without the requirement for design or construction.
1. Peters Canyon Parallel Pipelines: Based on the results of the 2015 evaluation, a minority of the
existing test stations did not meet the primary -850 mV NACE criterion, but it is unknown if they are
achieving the secondary 100 mV NACE criterion. An initial site visit will be performed to bond the
pipelines together at all possible locations and the CP system will be deactivated. The pipelines will
be allowed adequate time to depolarize and a native potential survey will be performed. At the
completion of the survey, the system will be reactivated. The pipelines will be allowed adequate
time to repolarize and a polarized potential survey will be performed. The polarized potentials will
be compared to the native potentials to determine if the secondary 100 mV NACE criterion is
8
|
V&A Consulting Engineers • Oakland • San Diego • Houston • Las Vegas
|
www.vaengineering.com
achieved. Should the pipelines not achieve the secondary criterion, the output of the rectifiers will
be increased and an additional polarized potential will be performed. Once the secondary criterion
is achieved, a letter report summarizing the results of the evaluation will be prov ided. If it is
determined that the pipelines cannot achieve adequate corrosion control with the two operational
rectifiers at their maximum rated output, a design will be provided to detail how to establish
functionality to the nonoperational rectifier.
2. Fairhaven/Ethylbee Flow Control Facility: The inlet/outlet piping is not achieving the primary -850
mV NACE criterion and it is believed that the center pipe is shorted to the flow control facility. Native
potentials of the piping will be measured to determine if the piping is achieving the secondary 100
mV NACE criterion. If it is found the piping meets the secondary criterion, a letter report
summarizing the results of the evaluation will be provided. If it is found the piping does not meet
the secondary criterion, electrical isolation testing will be performed in accordance with NACE
RP0286 and a current requirement test and soil resistivity testing shall be performed to assist in
the design of an improved CP system. Drawings and specifications for a galvanic anode CP system
will be provided.
3. Barrett Reservoir: Although the potential measured by the IR free CP system controller indicates the
tank is achieving the primary -850 mV NACE criterion, the potentials measured with a portable
calibrated reference electrode indicate the tank is not achieving NACE criteria. The CP system will
be deactivated and the tank interior will be allowed time to depolarize. Native tank-to-water
potentials will be measured to determine if the tank is achieving the secondary 100 mV NACE
criterion. If it is found the tank meets the secondary criterion, a letter report summarizing the
results of the evaluation will be provided. If it is found the piping does not meet the secondary
criterion, the output of the CP system will be increased until either NACE criterion is achieved, and a
letter report summarizing the results of the evaluation will be provided.
4. Newport Reservoir: The interior of the tank was found to be meeting the primary -850 mV NACE
criterion but the CP system providing corrosion control to the buried external surface of the tank
bottom was found to be interfering with a magnetic flow meter and therefore has been turned off.
Although the tank bottom is no longer receiving CP current, the potentials measured on the tank
bottom are within the expected range of steel buried in soil. The reservoir features eight test
stations along its circumference and it is currently unknown what structures are continuous with
each test lead at the test stations. An investigation will be pe rformed to determine which structures
the test leads are continuous with and a letter report summarizing the results of the evaluation will
be provided.
5. Chandler Ranch Flow Control Facility: The Chandler Ranch FCF does not feature a CP system;
therefore a current requirement test and resistivity testing will be performed to assist in the design
of a CP system. Drawings and specifications for a galvanic anode CP system will be provided.
|
9
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1 –WASTEWATER DISCHARGE REGULATIONS
DATE:
JULY 21, 2016
BACKGROUND
As part of the sewer transfer, the District is required to adopt wastewater discharge regulations –
these regulations are commonly referred to as the “Sewer Use Ordinance.”
The Sewer Use Ordinance is arguably the most important regulation pertaining to Improvement
District 1. Federal, state and local laws all require that EOCWD comply with standards pertaining to the
quality of the influent wastewater that enters a sewage treatment plant; this Ordinance goes into
extensive detail regarding the prohibitions, limits and requirements that each person and/or business
must comply with when discharging to the local sewer system.
This ordinance also provides for all other aspect of the operation of the local sewers, such as the
imposition of charges and fees, facilities requirements, monitoring and reporting requirements for
business and industry connecting to the sewer, and enforcement procedures should a violation by a
sewer user occur. These and other requirements will be reviewed with the Board at the Special
Workshop Meeting that is proposed for Tuesday, August 9th, 2016.
Because of the sequencing of events for the transfer of the sewers, it will be necessary to use
OCSD’s Sewer Use Ordinance (Ordinance No. 48 – attached) until EOCWD can adopt our proposed
Ordinance 16-1 (attached) over the next two months. The action before the Board today will be to
declare our intent to retain OCSD’s Ordinance No. 48 in full force and effect from August 1, 2016 until
the adoption of proposed EOCWD Ordinance 16-1.
FINANCIAL IMPACT
The Ordinance has no direct financial impact, but does set forth, among other authorities, the ability
for the District to collect fees and charges and the legal authority to enforce the wastewater use
ordinance.
RECOMMENDATION
The Board declare their intention to retain in full force and effect, in improvement District No.1 of
the District, Orange County Sanitation District Ordinance No. 48 establishing wastewater discharge
regulations as amended from time to time, until such time as they are adopted by the EOCWD Board.
ORDINANCE NO. OCSD-48
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AMENDING
WASTEWATER DISCHARGE REGULATIONS, AND
REPEALING ORDINANCE NO. OCSD-39
OCSD-48-1
CONTENTS
ARTICLE 1. GENERAL PROVISIONS ............................................................................ 5
101.
PURPOSE AND POLICY ................................................................................ 5
102.
DEFINITIONS ................................................................................................. 6
103.
CONFIDENTIAL INFORMATION.................................................................. 21
104.
SALE OR CHANGE OF OWNERSHIP ....................................................... 211
105.
RESERVED ................................................................................................ 222
106.
AUTHORITY ............................................................................................... 222
107.
DELEGATION OF AUTHORITY ................................................................. 233
108.
SIGNATORY REQUIREMENTS ................................................................. 233
109.
RECORD KEEPING REQUIREMENTS...................................................... 234
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE ............................................................................................................... 255
201.
PROHIBITED DISCHARGES ..................................................................... 255
202.
PROHIBITION ON DILUTION....................................................................... 27
203.
PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER ................ 27
204.
PROHIBITION ON UNPOLLUTED WATER ................................................. 27
205.
PROHIBITION
ON
SLUG
DISCHARGES
AND
NOTIFICATION
REQUIREMENT ........................................................................................................ 28
206.
PROHIBITION ON THE USE OF GRINDERS .............................................. 28
207.
PROHIBITION ON POINT OF DISCHARGE ................................................ 28
208.
HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT ...... 28
209.
PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES
TO THE OCSD SEWERAGE SYSTEM AND WASTEHAULER STATION................ 29
210.
PROHIBITION ON MEDICAL WASTE........................................................ 300
211.
PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES 300
212.
RESERVED
213.
MASS EMISSION RATE DETERMINATION .............................................. 311
214.
MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS ............................ 322
31
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES ... 333
301.
INTRODUCTION ........................................................................................ 333
302.
CLASS I WASTEWATER DISCHARGE PERMITS .................................... 333
303.
CLASS II WASTEWATER DISCHARGE PERMITS ................................... 400
304.
DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS ....................... 47
305.
SPECIAL PURPOSE DISCHARGE PERMITS ............................................. 49
OCSD-48-2
306.
WASTEHAULER DISCHARGE PERMIT ...................................................... 51
307.
DISCHARGE CERTIFICATIONS .................................................................. 54
308.
OUT OF DISTRICT PERMITS/DISCHARGERS ........................................... 55
309.
RESERVED .................................................................................................. 56
310.
RESERVED .................................................................................................. 56
ARTICLE 4. FACILITIES REQUIREMENTS ................................................................. 57
401.
DRAWING SUBMITTAL REQUIREMENTS .................................................. 57
402.
PRETREATMENT FACILITIES..................................................................... 57
403.
SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL
PLANS ……………………………………………………………………………………… 58
404.
MONITORING/METERING FACILITIES....................................................... 59
405.
WASTE MINIMIZATION REQUIREMENTS .................................................. 59
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS ......................................................................................................... 70
501.
MONITORING AND REPORTING CONDITIONS ........................................ 60
ARTICLE 6. ENFORCEMENT ...................................................................................... 71
601.
PURPOSE AND SCOPE .............................................................................. 71
602.
DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS .... 72
603.
ENFORCEMENT PROCEDURES AND APPLICABLE FEES ...................... 72
604.
REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA) ........... 75
605.
PERMIT SUSPENSION ................................................................................ 76
606.
PERMIT REVOCATION................................................................................ 78
607.
WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS ......... 80
608.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL
OPERATIONS ........................................................................................................... 81
609.
INDUSTRIAL WASTEWATER PASS THROUGH ........................................ 81
610.
PUBLICATION OF VIOLATION .................................................................... 81
611.
PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE ............... 81
612.
PUBLIC NUISANCE ..................................................................................... 82
613.
TERMINATION OF SERVICE ...................................................................... 82
614.
EMERGENCY SUSPENSION ORDER ........................................................ 82
615.
INJUNCTION ................................................................................................ 83
616.
CIVIL PENALTIES ........................................................................................ 83
617.
CRIMINAL PENALTIES ................................................................................ 86
618.
APPEALS TO GENERAL MANAGER .......................................................... 87
OCSD-48-3
619.
PAYMENT OF CHARGES ............................................................................ 88
620.
RECOVERY OF COSTS INCURRED BY OCSD.......................................... 89
621.
FINANCIAL SECURITY/AMENDMENTS TO PERMIT ................................. 89
622.
JUDICIAL REVIEW ....................................................................................... 90
ARTICLE 7. SEWER SERVICE CHARGES – CAPITAL FACILITY CAPACITY CHARGES
...................................................................................................................................... 93
701.
SANITARY SEWER SERVICE CHARGE ..................................................... 93
702.
CAPITAL FACILITIES CAPACITY CHARGE ................................................ 93
ARTICLE 8. SEVERABILITY......................................................................................... 94
801.
SEVERABILITY ............................................................................................ 94
802.
GENERAL APPLICATION ............................................................................ 94
OCSD-48-4
The Board of Directors of the Orange County Sanitation District (OCSD) does
hereby FIND:
That OCSD is required by federal and state law, including the Clean Water
Act (33 U.S.C. 1251, et seq.), the General Pretreatment Regulations (40
CFR 403), and the Porter-Cologne Water Quality Control Act (Water Code
Sections 13000, et seq.), to implement and enforce a program for the
regulation of Wastewater discharges to OCSD’s sewers; and
That OCSD is required by federal, state, and local law to meet applicable
standards of treatment plant effluent quality; and
That the adoption of this Ordinance is statutorily exempt under the California
Environmental Quality Act pursuant to the provisions of Public Resources
Code Section 21080(b)(8) and California Code of Regulations Section
15273(a) and categorically exempt pursuant to California Code of
Regulations Sections 15307 and 15308.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District does
ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of OCSD’s Sewerage
Facilities are hereby restated and amended to provide as follows:
ARTICLE 1. GENERAL PROVISIONS
101.
PURPOSE AND POLICY
This ordinance sets uniform requirements for Users of OCSD’s Sewerage Facilities and
enables OCSD to comply with all applicable state and federal laws, including the Clean
Water Act (33 United States Code [U.S.C.] section 1251, et seq.) and the General
Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403).
This Ordinance shall be interpreted in accordance with the definitions set forth in Section
102. The provisions of the Ordinance shall apply to the direct or indirect discharge of all
liquid wastes carried to facilities of OCSD.
The purpose of this Ordinance is to provide for the maximum public benefit
from the use of OCSD’s Sewerage Facilities. This shall be accomplished
by regulating sewer use and Wastewater discharges; by providing equitable
distribution of costs, in compliance with applicable federal, state, and local
regulations; and by supporting the proper disposal of Prescription Drugs as
noted in the guidelines published by the Office of National Drug Control
Policy. The revenues to be derived from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by OCSD,
including, but not limited to, administration, operation, monitoring,
maintenance, financing, capital construction, replacement and recovery,
OCSD-48-5
and provisions for necessary reserves;
This ordinance is meant to protect both OCSD personnel who may be
affected by Wastewater, sludge, and biosolids in the course of their
employment and the general public.
To comply with federal, state, and local policies and to allow OCSD to meet
applicable standards of treatment plant effluent quality, biosolids quality,
and air quality, provisions are made in this Ordinance for the regulation of
Wastewater discharges to the public sewer. This Ordinance establishes
quantity and quality limits on all Wastewater discharges which may
adversely affect OCSD's Sewerage System, processes, effluent quality,
biosolids quality, air emission characteristics, or inhibit OCSD's ability to
beneficially reuse or dispose of its treated Wastewater, biosolids or meet
biosolids discharge criteria.
It is the intent of these limits to improve the quality of Wastewater being
received for treatment and to encourage water conservation and
Wastewater minimization by all Users connected to a public sewer. This
Ordinance also provides for regulation of the degree of Wastewater
Pretreatment required, the issuance of permits for Wastewater discharge
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
OCSD is committed to: 1) a policy of Wastewater reclamation and reuse to
provide alternate sources of water supply for OCSD and agencies with
which OCSD has agreements for Wastewater reclamation; and 2) a policy
for the protection of groundwater. OCSD is also committed to help protect
groundwater goals as established by various water quality and water
purveyor agencies. To fulfill these commitments, OCSD may implement
more stringent quality requirements on Wastewater discharges through
regulation, including revisions to this Ordinance.
OCSD is committed to a policy for the beneficial use of biosolids, the
implementation of programs to land-apply or provide for the marketing and
distribution of biosolids, which may necessitate more stringent quality
requirements on Wastewater discharges.
OCSD is also committed to meet applicable air quality goals established by
the South Coast Air Quality Management District, which may further
necessitate more stringent quality requirements on Wastewater discharges.
102.
DEFINITIONS
Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
OCSD-48-6
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water
Environment Federation.
The testing procedures for Wastewater constituents and characteristics
shall be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40;
Protection of Environment; Chapter I, Environmental Protection Agency;
Part 136, Guidelines Establishing Test Procedures for the Analyses of
Pollutants), or as specified.
Other terms not herein defined shall have the same meaning as defined in
the latest California Building and Construction Codes, Title 24, California
Code of Regulations.
1.
Act or “the Act” shall mean the Federal Water Pollution Control Act,
also known as the Clean Water Act, as amended, 33 U.S.C. section
1251, et seq.
2.
Approved POTW Pretreatment Program or Program or POTW
Pretreatment Program shall mean a program administered by a
POTW that meets the criteria established in 40 CFR 403.8 and 403.9
and which has been approved by a Regional Administrator or State
Director in accordance with 40 CFR 403.11.
3.
Authorized Representative or Designated Signatory shall mean:
a)
If the applicant or User is a corporation:
(1)
The president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation;
or
(2)
The manager of one or more manufacturing,
production, or operation facilities, provided the
manager is authorized to make management decisions
that govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions
taken to gather complete and accurate information for
individual Wastewater discharge permit requirements;
OCSD-48-7
and where authority to sign documents has been
assigned or delegated to the manager in accordance
with corporate procedures.
b)
If the applicant or User is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
c)
If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
d)
The individuals described in paragraphs (a) through (c)
above, as Responsible Officers, may designate an Authorized
Representative if the authorization is in writing, the
authorization specifies the individual or position responsible
for the overall operation of the facility from which the
discharge originates or having overall responsibility for
environmental matters for the company or organization, and
the written authorization is submitted to OCSD.
e)
An applicant or User not falling within one of
categories must designate as the Responsible
individual responsible for the overall operation of
The Responsible Officer may designate an
Representative.
the above
Officer an
the facility.
Authorized
4.
Best Management Practices (BMPs) shall mean schedules of
activities, prohibitions of practices, maintenance procedures,
operating procedures, practices to control spillage or leaks,
treatment requirements, and other management practices to prevent
or reduce pollution or to meet Article 2 standards. Such BMPs shall
be considered local limits and Pretreatment Standards as stated in
40 CFR 403.5(c)(4).
5.
Biochemical Oxygen Demand (BOD) shall mean a measurement of
oxygen utilized by the decomposition of organic material, over a
specified time period (usually 5 days) in a Wastewater sample. It is
used as a measurement of the readily decomposable organic
content of Wastewater.
6.
Board shall mean the Board of Directors of the Orange County
Sanitation District.
7.
Bypass shall mean the intentional diversion of wastestreams from
any portion of a User's treatment facility.
OCSD-48-8
8.
Capital Facilities Capacity Charge shall mean the payment of a fee,
imposed by the governing Board of OCSD, to pay for the future costs
of constructing new sewerage collection, treatment, and disposal
facilities; and as a contributive share of the cost of the existing
facilities. This charge shall be paid by all property owners at the time
they develop the property and connect directly or indirectly to
OCSD’s Sewerage Facilities as a new system User. This charge,
which rates are set forth in a separate Ordinance, is expressly
authorized by the provisions of California Health & Safety Code
Sections 5471 and 5474.
9.
Charge For Use shall mean OCSD’s sanitary sewer service charge,
a charge established and levied by OCSD upon residential,
commercial, and industrial Users of OCSD’s Sewerage System,
pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in
proportion to the use of the treatment works by their respective class,
that provides for the recovery of the costs of operation and
maintenance expenses, capital facilities rehabilitation or
replacement, and adequate reserves for the POTW. The minimum
charge for use is the Annual Sewer Service Fee Residential Users.
10.
Chemical Oxygen Demand (COD) shall mean a measure of the
oxygen required to oxidize all compounds, both organic and
inorganic, in Wastewater.
11.
Class I User shall mean any User who discharges Wastewater that:
a)
is a Significant Industrial User; or
b)
Is determined to have a reasonable potential for adversely
affecting OCSD’s operation or for violating any Pretreatment
Standard, Local Limit, or discharge requirement, or may
cause Pass Through affecting OCSD’s ability to comply with
its NPDES Permit or other regulations and standards; or
c)
may cause pass through or Interference with OCSD’s
Sewerage Facilities.
12.
Class II User shall mean any User whose charge for use is greater
than the special assessment “OCSD Sewer User Fee” included on
the County of Orange secured property tax bill exclusive of debt
service, that discharges wastes other than sanitary, and that is not
otherwise required to obtain a Class I permit.
13.
Code of Federal Regulations (CFR) shall mean the codification of the
OCSD-48-9
general and permanent regulations published in the Federal Register
by the executive departments and agencies of the federal
government.
14.
Compatible Pollutant shall mean a combination of biochemical
oxygen demand, suspended solids, pH, fecal coliform bacteria, plus
other Pollutants that OCSD's treatment facilities are designed to
accept and/or remove. Compatible Pollutants are non-compatible
when discharged in quantities that have an adverse effect on
OCSD’s Sewerage System or NPDES permit, or when discharged in
qualities or quantities violating any Federal Categorical Pretreatment
Standards, local limit, or other discharge requirement.
15.
Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow
or time. The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged during the
sample period.
16.
Connection Permit shall mean a permit issued by OCSD, upon
payment of a capital facilities capacity charge, authorizing the
Permittee to connect directly to an OCSD’s Sewerage Facilities or to
a sewer which ultimately discharges into an OCSD’s Sewerage
Facilities.
17.
Department Head shall mean that person duly designated by the
General Manager to perform those delegated duties as specified in
this Ordinance.
18.
Discharger shall mean any Person who discharges or causes a
discharge of Wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
19.
District shall mean the Orange County Sanitation District or OCSD.
20.
Division Head shall mean that person duly designated by the General
Manager to implement the OCSD Pretreatment Program and
perform the duties as specified in this Ordinance.
21.
Domestic Septage shall mean the liquid and solid material removed
from food service establishments, or a septic tank, cesspool,
portable toilet, Type III marine sanitation device, or similar treatment
works that receives only domestic Wastewater.
22.
Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of such
OCSD-48-10
character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
23.
Downstream Sampling or Monitoring shall mean sampling or
monitoring usually conducted in a city or agency owned sewer for the
purpose of determining the compliance status of an industrial or
commercial Discharger.
24.
Dry Weather Urban Runoff shall mean surface runoff flow that is
generated from any drainage area within OCSD’s service area
during a period that does not fall within the definition of Wet Weather.
It is surface runoff that contains Pollutants that interfere with or
prohibit the recreational use and enjoyment of public beaches or
cause an environmental risk or health hazard.
25.
Enforcement Compliance Schedule Agreement (ECSA) shall mean
a mutual agreement between OCSD and Permittee requiring
implementation of necessary Pretreatment practices and/or
installation of equipment to ensure permit compliance.
26.
Enforcement Response Plan shall mean a plan containing detailed
procedures indicating how OCSD will investigate and respond to
instances of Industrial User non-compliance in accordance with 40
CFR 403.8(f)(1) or other Users in accordance with OCSD noncompliance procedures.
27.
Federal Categorical Pretreatment Standards shall mean any
regulation containing Pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act (33 U.S.C. 1317) which apply to a specific category of
Industrial Users and which appear in 40 CFR Chapter I, Subchapter
N, Parts 405-471.
28.
Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, Title 33, United States Code, Section 1251 and
following, and any regulation promulgated by the United States
Environmental Protection Agency under Title 40 CFR implementing
that act.
29.
Flow Monitoring Facilities shall mean equipment and structures
provided at a User's expense to measure, totalize, and/or record, the
incoming water to the facility or the Wastewater discharged to the
sewer.
OCSD-48-11
30.
General Manager shall mean the individual duly designated by the
Board of Directors of OCSD to administer this Ordinance (see also
Section 107).
31.
Grab Sample shall mean a sample taken from a wastestream on a
one-time basis without regard to the flow in the wastestream and
without consideration of time.
32.
Indirect Discharge or Discharge shall mean the introduction of
Pollutants into a POTW from any non-domestic source regulated
under section 307(b), (c) or (d) of the Act.
33.
Industrial User shall mean any User that discharges Industrial
Wastewater.
34.
Industrial Wastewater shall mean all liquid carried wastes and
Wastewater of the community, excluding domestic Wastewater and
domestic septage, and shall include all Wastewater from any
producing, manufacturing, processing, agricultural, or other
operation.
35.
Inspector shall mean a person authorized by the General Manager
to inspect any existing or proposed Wastewater generation,
conveyance, processing, and disposal facilities.
36.
Instantaneous Limit (see the Maximum Allowable Discharge Limit)
37.
Interference shall mean any discharge which, alone or in conjunction
with a discharge or discharges from other sources, either:
a)
inhibits or disrupts OCSD, its treatment processes or
operations, or its biosolids processes, use, or disposal; or
b)
is a cause of a violation of any requirement of OCSD's NPDES
permit or prevents lawful biosolids or treated effluent use or
disposal.
38.
LEL (Lower Explosive Limit) shall mean the minimum concentration
of a combustible gas or vapor in air (usually expressed in percent by
volume at sea level) which will ignite if an ignition source (sufficient
ignition energy) is present.
39.
Letter to Discharge shall mean a letter authorizing a User to
discharge to the sewer without having to obtain a Special Purpose
Discharge Permit. The discharge volume is generally limited to less
than 1 million gallons.
OCSD-48-12
40.
Local Limit shall mean specific discharge limits developed and
enforced by OCSD upon industrial or commercial facilities to
implement the general and specific discharge prohibitions listed in
40 CFR 403.5(a)(1) and (b).
41.
Local Sewering Agency shall mean any public agency or private
corporation responsible for the collection and disposal of Wastewater
to OCSD's Sewerage Facilities duly authorized under the laws of the
State of California to construct and/or maintain public sewers.
42.
Major Violation shall mean a discharge over the permitted discharge
limit, as determined by the result of a sample analysis, as follows:
a)
a discharge exceeding a Mass Emission Rate limit by 20% or
more, or
b)
a discharge exceeding a concentration limit by 20% or more,
or
c)
a pH discharge less than 5.0.
43.
Mass Emission Rate shall mean the weight of material discharged to
the sewer system during a given time interval. Unless otherwise
specified, the mass emission rate shall mean pounds per day of a
particular constituent or combination of constituents.
44.
Maximum Allowable Discharge Limit shall mean the maximum
quantity or concentration of a Pollutant allowed to be discharged at
any period of time, determined from the analysis of any discrete or
composited sample collected, independent of the industrial flow rate
and the duration of the sampling event.
45.
Medical Waste shall mean the discharge of isolation wastes,
infectious agents , human blood and blood byproducts, pathological
wastes, sharps, body parts, fomites, etiologic agents, contaminated
bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
46.
Milligrams Per Liter (mg/L or mg/l) shall mean a unit of the
concentration of a constituent or compound that is found in water or
Wastewater. It is 1 milligram of the constituent or compound in 1 liter
of water or Wastewater.
47.
Minor Violation shall mean a discharge over the permitted discharge
limit as determined by the result of a sample analysis, as follows:
OCSD-48-13
a)
a discharge exceeding a Mass Emission Rate limit by less
than 20%, or
b)
a discharge exceeding a concentration limit by less than 20%,
or.
c)
a pH discharge equal to or greater than 5.0, but less than 6.0,
or
d)
a pH discharge greater than 12.0.
48.
National Pretreatment Standard, Pretreatment Standard, or
Standard shall mean any regulation containing Pollutant discharge
limits promulgated by the EPA in accordance with section 307 (b)
and (c) of the Act, which applies to Industrial Users. This term
includes prohibitive discharges and categorical standards
established pursuant to 40 CFR 403.5 and 40 CFR 403.6.
49.
North American Industry Classification System (NAICS) shall mean
an industry classification system that groups establishments into
industries based on the activities in which they are primarily
engaged.
50.
National Pollutant Discharge Elimination System Permit (NPDES
Permit) shall mean the permit issued to control the discharge to
surface waters of the United States as detailed in Public Law 92 500,
Section 402.
51.
New Source shall mean those sources that are new as defined by 40
CFR 403.3(m) as revised.
52.
Non-compatible Pollutant shall mean any Pollutant which is not a
Compatible Pollutant as defined herein.
53.
OCSD shall mean Orange County Sanitation District.
54.
OCSD’s Sewerage Facilities or System shall mean any property
belonging to OCSD used in the treatment, reclamation, reuse,
transportation, or disposal of Wastewater, or biosolids.
55.
Ordinance shall mean that document entitled "Wastewater
Discharge Regulations" containing OCSD requirements, conditions,
and limits for connecting and discharging to the sewer system, as
may be amended and modified.
OCSD-48-14
56.
pH shall mean both acidity and alkalinity on a scale ranging from 0
to 14 where 7 represents neutrality, numbers less than 7 increasing
acidity, and more than 7 increasing alkalinity, and is the logarithm of
the reciprocal of the quantity of hydrogen ions in moles per liter of
solution.
57.
Pass Through shall mean discharge through OCSD’s Sewerage
Facilities to Waters of the U.S. which, alone or in conjunction with
discharges from other sources, is a cause of a violation of OCSD’s
NPDES permit.
58.
Permittee shall mean a Person who has received a permit to
discharge Wastewater into OCSD’s Sewerage Facilities subject to
the requirements and conditions established by OCSD.
59.
Person shall mean any individual, partnership, copartnership,
company, firm, association, corporation or public agency, joint stock
company, trust, estate, or any other legal entity; or their legal
representatives, agents, assigns, including all federal, state, and
local governmental entities.
60.
Pesticides shall mean those compounds classified as such under
federal or state law or regulations including, but not limited to DDT
(dichlorodiphenyltrichloro-ethane,
both
isomers);
DDE
(dichlorodiphenyl-ethylene); DDD (dichlorodiphenyldichloroethane);
aldrin, benzene hexachloride (alpha [α], beta [β], and gamma [γ]
isomers);
chlordane;
endrin;
endrin
aldehyde;
2,3,7,8tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; α-endosulfan; βendosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide;
dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and
parathion.
61.
Pollutant shall mean any constituent, compound, or characteristic of
Wastewaters on which a discharge limit or requirement may be
imposed either by OCSD or the regulatory bodies empowered to
regulate OCSD.
62.
Polychlorinated Biphenyls (PCB) shall mean those compounds
classified as such under federal or state law including, but not limited
to Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and
1262.
63.
Pretreatment shall mean the reduction of the amount of Pollutants,
the elimination of Pollutants, or the alteration of the nature of
Pollutant properties in Wastewater to a level authorized by OCSD
prior to, or in lieu of, discharge of the Wastewater into OCSD's
OCSD-48-15
Sewerage System. The reduction or alteration can be obtained by
physical, chemical or biological processes, by process changes, or
by other means.
64.
Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of Industrial Wastewater prior to discharge into a
public sewer.
65.
Pretreatment Requirements shall mean any substantive or
procedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial User.
66.
Priority Pollutants shall mean the most recently adopted list of toxic
Pollutants identified and listed by EPA as having the greatest
environmental impact. They are classified as Non-compatible
Pollutants and may require Pretreatment prior to discharge to
prevent:
a)
Interference with OCSD's operation; or
b)
biosolids contamination; or
c)
Pass Through into receiving waters or into the atmosphere.
67.
Public Agency shall mean the State of California and any city, county,
district, other local authority or public body of or within this state.
68.
Public Sewer shall mean a sewer owned and operated by OCSD, a
city or other local sewering Public Agency which is tributary to
OCSD’s Sewerage Facilities.
69.
Publicly Owned Treatment Works or POTW shall mean a treatment
works as defined by section 212 of the Act, which is owned by a state
or municipality (as defined by section 502(4) of the Act). This
definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal Sewage or
industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey Wastewater to a POTW
Treatment Plant. The term also means the municipality as defined in
section 502(4) of the Act, which has jurisdiction over the Indirect
Discharges to and the discharges from such a treatment works.
70.
RCRA shall mean Resource Conservation and Recovery Act of 1976
(42 U.S.C. 6901, et seq.) and as amended.
OCSD-48-16
71.
Regulatory Agencies shall mean those agencies having jurisdiction
over the operation of OCSD including, but not limited to, the
following:
a)
United States Environmental Protection Agency, Region IX,
San Francisco and Washington, DC (EPA).
b)
California State Water Resources Control Board (SWRCB).
c)
California Regional Water Quality Control Board, Santa Ana
Region (RWQCB).
d)
South Coast Air Quality Management District (SCAQMD).
e)
California Environmental Protection Agency (Cal-EPA).
72.
Regulatory Compliance Schedule Agreement (RCSA) shall mean an
agreement between OCSD and Permittee requiring the Permittee to
implement Pretreatment practices and/or install equipment to ensure
compliance with future revised categorical Pretreatment Standards
or revised discharge limits.
73.
Responsible Officer shall mean:
a)
If the applicant or User is a corporation:
(1)
The president, secretary, treasurer, or a vice president
of the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation;
or
(2)
The manager of one or more manufacturing,
production, or operation facilities, provided the
manager is authorized to make management decisions
that govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions
taken to gather complete and accurate information for
individual Wastewater discharge permit requirements;
and where authority to sign documents has been
assigned or delegated to the manager in accordance
OCSD-48-17
with corporate procedures.
b)
If the applicant or User is a partnership or sole proprietorship:
a general partner or proprietor, respectively.
c)
If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed
or designated to oversee the operation and performance of
the activities of the government facility, or the designee.
d)
An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility.
74.
Sample Point shall mean a location accepted by OCSD, from which
Wastewater can be collected that is representative in content and
consistency of the entire flow of Wastewater being sampled.
75.
Sampling Facilities shall mean structure(s) provided at a User's
expense for OCSD or User to measure and record Wastewater
constituent mass, concentrations, collect a representative sample, or
provide access to plug or terminate the discharge.
76.
Sanitary Waste shall mean domestic Wastewater, human
excrement, and gray water (e.g., water from household showers,
dishwashing operations, etc.).
77.
Septic Waste shall mean any Sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
78.
Service Area shall mean an area for which OCSD has agreed to
either provide sewer service, or Wastewater treatment, or
Wastewater disposal.
79.
Sewage shall mean Wastewater.
80.
Sewerage Facilities or System shall mean any and all facilities used
for collecting, conveying, pumping, treating, and disposing of
Wastewater or sludge or biosolids.
81.
Significant Industrial User, except as provided in 40 CFR 403.3 (v)(2)
and (v)(3), shall mean: (i) All Industrial Users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I,
subchapter N; and (ii) Any other Industrial User that: discharges an
average of 25,000 gallons per day or more of process Wastewater
to the POTW (excluding sanitary, noncontact cooling and boiler
OCSD-48-18
blowdown Wastewater); contributes a process wastestream which
makes up 5 percent or more of the average dry weather hydraulic or
organic capacity of the POTW Treatment plant; or is designated as
such by OCSD on the basis that the Industrial User has a reasonable
potential for adversely affecting the POTW's operation or for violating
any Pretreatment Standard or requirement (in accordance with 40
CFR 403.8(f)(6)).
82.
Significant Non-Compliance (SNC) shall mean the compliance status
of an Industrial User who is in violation of one or more of the criteria
as described in 40 CFR 403.8(f)(2)(viii).
83.
Slug Load or Slug Discharge shall mean any discharge at a flow rate
or concentration, which could cause a violation of the prohibited
discharge standards in Section 201 of this Ordinance. A Slug
Discharge is any Discharge of a non-routine, episodic nature,
including but not limited to an accidental spill or a non-customary
batch Discharge, which has a reasonable potential to cause
Interference or Pass Through, or in any other way violate the
POTW’s regulations, Local Limits, or Permit conditions.
84.
Sludge shall mean any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or
Pretreatment Facility.
85.
Special Assessment Credit shall mean the portion of the secured
property tax bill that represents the regional special assessment
sewer User fee as defined by OCSD.
86.
Special Purpose User shall mean any Discharger who is granted a
Special Purpose Discharge Permit by OCSD to discharge unpolluted
water, storm runoff, or groundwater to OCSD’s Sewerage Facilities.
87.
Spent Solutions shall mean any concentrated Industrial Wastewater
or Wastewater that is not authorized to be discharged to a Sewage
facility until appropriately treated.
88.
Spill Containment shall mean a protection system installed by the
Permittee to prohibit the discharge to the sewer of non-compatible
Pollutants.
89.
Standard Methods shall mean procedures described in the current
edition of Standard Methods for the Examination of Water and
Wastewater, as published by the American Public Health
Association, the American Water Works Association and Water
Pollution Control Federation.
OCSD-48-19
90.
Suspended Solids shall mean any insoluble material contained as a
component of Wastewater and capable of separation from the liquid
portion of said Wastewater by laboratory filtration as determined by
the appropriate testing procedure and expressed in terms of
milligrams per liter.
91.
Total Organic Carbon (TOC) shall mean the measure of total organic
carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical
oxidants, or combinations of these oxidants that convert organic
carbon to carbon dioxide, rounded to two significant figures. As such,
Total Toxic Organics is a subset of TOC.
92.
Total Toxic Organics (TTO) shall mean the summation of all
quantifiable values greater than 0.01 milligrams per liter for the
organics regulated by the EPA or OCSD for a specific industrial
category.
93.
Unpolluted Water shall mean water to which no Pollutant has been
added either intentionally or accidentally.
94.
User shall mean any Person who discharges or causes a discharge
of Wastewater directly or indirectly to a public sewer. User shall
mean the same as Discharger. User includes Industrial Users as a
type of User.
95.
Waste-Tracking Form shall mean that receipt which is retained by
the generator of hazardous wastes as required by the State of
California or the United States Government pursuant to RCRA, or
the California Hazardous Materials Act, or that receipt which is
retained by the generator for recyclable wastes or liquid nonhazardous wastes as required by OCSD. The Waste-Tracking Form
is typically known as a “waste manifest.”
96.
Wastehauler shall mean any Person carrying on or engaging in
vehicular transport of brine, domestic septage (except the SAWPA
Sewer Service Area in compliance with the 1996 OCSD/SAWPA
Agreement), or Wastewater as part of, or incidental to, any business
for the purpose of discharging directly or indirectly said Wastewater
into OCSD’s Sewerage System.
97.
Wastewater shall mean the liquid and water-carried wastes of the
community and all constituents thereof, whether treated or untreated,
discharged into or permitted to enter a public sewer.
98.
Wastewater Constituents and Characteristics shall mean the
OCSD-48-20
individual chemical, physical, bacteriological, and radiological
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the quality and
quantity of Wastewater.
99.
Wet Weather shall mean any period of time during which measurable
rainfall occurs within OCSD’s service area. This period shall include
the time following the cessation of rainfall until OCSD determines that
the wet weather event is no longer impacting OCSD’s Sewerage
System.
100.
Working Day shall mean the period of time during which production
or operation is taking place or any period during which discharge to
the sewer is occurring.
101.
Zero Discharge Certification shall mean a control mechanism that is
issued by OCSD to insure that specific facilities are not discharging
a Pollutant(s) that may otherwise qualify the facility for a discharge
permit.
Words used in this Ordinance in the singular may include the plural and the
plural the singular. Terms used in the masculine form shall include
feminine, and terms used in the feminine form shall include masculine.
103.
CONFIDENTIAL INFORMATION
All user information and data on file with OCSD shall be available to the public and
governmental agencies without restriction unless the User specifically requests and is
able to demonstrate to the satisfaction of OCSD that the release of such information would
divulge information, processes or methods which would be detrimental to the User's
competitive position. The demonstration of the need for confidentiality made by the
Permittee must meet the burden necessary for withholding such information from the
general public under applicable state and federal law. Any such claim must be made at
the time of submittal of the information by marking the submittal "Confidential Business
Information" on each page containing such information.
Information which is demonstrated to be confidential shall not be transmitted to anyone
other than a governmental agency without prior notification to the User. Wastewater
constituents and characteristics and other effluent data, as defined in 40 CFR 2.302 shall
not be recognized as confidential information and shall be available to the public.
104.
SALE OR CHANGE OF OWNERSHIP
Permits issued under this Ordinance are for a specific User, for a specific
operation at a specific location or for a specific Wastehauler, and create no
vested rights. Notwithstanding 104.C, the existing permit will be terminated
OCSD-48-21
upon sale or change of ownership.
No permit may be transferred to allow a discharge to a public sewer from a
point other than the location for which the permit was originally issued.
When the permittee is a legal entity (such as a corporation, partnership,
limited liability company, or other legal entity), the permittee is deemed to
have undergone a change of ownership when any other legal entity or
person acquires direct or indirect ownership or control of more than fifty
percent (50%) of the total ownership interest in the permittee.
At least thirty (30) days prior to the sale or change of ownership of any
business operating under a permit issued by OCSD, the Permittee shall
notify OCSD in writing of the proposed sale or change of ownership. The
successor owner shall apply to OCSD for a new permit at least fifteen (15)
days prior to the sale or change of ownership in accordance with the
provisions of this Ordinance. A successor owner shall not discharge any
Wastewater for which a permit is required by this Ordinance until a new
permit is issued by OCSD to the successor owner.
The written notification of intended sale or change of ownership shall be in
a form approved by OCSD and shall include a written certification by the
new owner or Authorized Representative, which shall include as a
minimum:
1.
the specific date on which the sale or change of ownership is to
occur; and
2.
an acknowledgement to comply fully with all the terms, conditions,
limits, and provisions of this Ordinance and the new permit.
105.
RESERVED
106.
AUTHORITY
OCSD is regulated by several agencies of the United States Government
and the State of California, pursuant to the provisions of federal and state
Law. Federal and state laws grant to OCSD the authority to regulate and/or
prohibit, by the adoption of ordinances or resolutions, and by issuance of
discharge certifications, or discharge permits, the discharge of any
Wastewater, directly or indirectly, to OCSD’s Sewerage Facilities. Said
authority includes the right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flows discharged to OCSD’s Sewerage
Facilities; to require the development of compliance schedules for the
installation of equipment systems and materials by all Users; and to take all
actions necessary to enforce its authority including implementation of the
OCSD-48-22
Enforcement Response Plan, whether within or outside OCSD's
boundaries, including those Users that are tributary to OCSD or within areas
for which OCSD has contracted to provide sewerage services.
Four jurisdictions contribute to and are under the purview of OCSD's
Pretreatment program: a section of the Irvine Ranch Water District; a
section of the Sanitation Districts of Los Angeles County, which has several
Dischargers at the county border; the South Orange County Wastewater
Authority, and the Santa Ana Watershed Project Authority (SAWPA), whose
discharge is delivered via the Santa Ana River Interceptor (SARI) and is
comprised of mostly Wastewater brines. Nothing in this Ordinance is
intended to preclude the discharge from SAWPA’s SARI Service Area of
discharges consisting solely of Wastewater brines that are compliant with
all regulations and agreements.
OCSD has the authority pursuant to California Health and Safety Codes
5471 and 5474 to prescribe, revise, and collect all fees and charges for
services and facilities furnished by OCSD either within or without its
territorial limits.
107.
DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon the General Manager, the
power may be exercised or the duty may be performed by any person so authorized by
the General Manager.
108.
SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance shall contain the following
certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
The statement shall be signed by an authorized representative of the Industrial User as
defined in 40 CFR 403.12(l) or as defined and designated by OCSD.
109.
RECORD KEEPING REQUIREMENTS
Any User subject to OCSD’s reporting requirements shall maintain and make available
OCSD-48-23
for inspection and copying records of all information obtained pursuant to, or resulting
from, any monitoring activities required by OCSD, including documentation associated
with Best Management Practices, and any additional records or information obtained
pursuant to monitoring activities undertaken by the User independent of such
requirements. Such records shall include information as shown in 40 CFR 403.12(o)(1)
and (2). These records shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any litigation concerning the
User or OCSD, or where the User has been specifically notified of a longer retention
period by the General Manager.
OCSD-48-24
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE
201.
PROHIBITED DISCHARGES
These prohibitions apply to all Users of OCSD’s Sewerage Facilities whether or not they
are subject to Federal Categorical Pretreatment Standards or any other national, state,
or local Pretreatment Standards or requirements.
General Prohibitions.
1.
No User shall introduce or cause to be introduced into OCSD’s
Sewerage Facilities any Pollutant, Wastewater, or flow which causes
Pass Through or Interference or would cause OCSD to violate any
federal, state, or local regulatory requirement.
2.
No User shall increase the contribution of flow, Pollutants, or change
the nature of Pollutants where such contribution or change does not
meet applicable standards and requirements or where such
contribution would cause OCSD to violate any federal, state, or local
regulatory permit.
3.
No Person shall transport Wastewater from one location or facility to
another for the purpose of treating or discharging it directly or
indirectly to OCSD’s Sewerage Facilities without written permission
from OCSD.
4.
No Person shall deliver by vehicular transport, rail car, or dedicated
pipeline, directly or indirectly to OCSD’s Sewerage Facilities,
Wastewater which contains any substance that is defined as a
hazardous waste by the Regulatory Agencies.
Specific Prohibitions. No User shall introduce or cause to be introduced
into the Sewerage Facilities, any Pollutant, substance, or Wastewater
which:
1.
Creates a fire or explosive hazard in the Sewerage Facilities
including, but not limited to, wastestreams with a closed-cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade) using the test methods specified in 40 CFR 261.21; or
produces a gaseous mixture that is 10% or greater of the lower
explosive limit (LEL).
2.
Causes obstruction to the flow in the Sewerage Facilities resulting in
interference or damage to the Sewerage Facilities.
OCSD-48-25
3.
Produces noxious or malodorous liquids, gases, solids, or other
Wastewater which, either singly or by interaction with other Wastes,
is sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the Sewerage Facilities for maintenance or repair.
4.
Results in toxic gases, vapors, or fumes within the Sewerage
Facilities in a quantity that may cause acute worker health and safety
problems.
5.
Contains any radioactive Wastes or isotopes except in compliance
with applicable regulations from other governmental agencies
empowered to regulate the use of radioactive materials.
6.
Causes, alone or in conjunction with other sources, OCSD’s
treatment plant effluent to fail a toxicity test.
7.
Causes OCSD’s effluent or any other product of the treatment
process, residues, biosolids, or scums, to be unsuitable for
reclamation, reuse or disposal. Examples of items which may cause
these conditions include, but are not limited, to food packaging,
product containers, and non-dispersible products.
8.
Causes discoloration or any other condition which affects the quality
of OCSD’s influent or effluent in such a manner that inhibits OCSD’s
ability to meet receiving water quality, biosolids quality, or air quality
requirements established by Regulatory Agencies.
9.
Creates excessive foaming in the Sewerage Facilities.
10.
Violates any applicable Federal Categorical Pretreatment Standards,
statute, regulation, or ordinance of any public agency or Regulatory
Agency having jurisdiction over the operation of or discharge of
Wastewater through the Sewerage Facilities.
11.
Has a temperature higher than 140 degrees Fahrenheit, (60 degrees
Centigrade), or which causes the temperature at the treatment plant
to exceed 104 degrees Fahrenheit (40 degrees Centigrade).
12.
Has a pH less than 6.0 or greater than 12.0.
13.
Causes corrosion, fouling, occlusion, or damage to the POTW
beyond normal wear and tear.
14.
Is released in a discharge at a flow rate and/or Pollutant
concentration (including oxygen-demanding Pollutant (BOD, etc.))
OCSD-48-26
which will cause interference with OCSD’s Sewerage Facilities.
202.
15.
Is in excess of the permitted Mass Emission Rates established in
accordance with Section 213, or the concentration limits set forth in
Table 1, or the discharge permit.
16.
Contains material which will readily settle or cause an obstruction to
flow in the Sewerage Facilities resulting in interference, such as, but
not limited to, sand, mud, glass, metal filings, diatomaceous earth,
cat litter, asphalt, wood, bones, hair, fleshings, food packaging,
product containers, and non-dispersible products.
17.
Includes petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or Pass
Through.
18.
Causes the Orange County Water District Groundwater
Replenishment System product water to exceed its TOC limit of 0.5
mg/L.
PROHIBITION ON DILUTION
No User shall increase the use of water or in any other manner attempt to dilute a
discharge as a partial or complete substitute for treatment to achieve compliance with this
Ordinance and the User's permit or to establish an artificially high flow rate for permit
Mass Emission Rates.
203.
PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
No Person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 304 or 305, et seq., OCSD may
approve the discharge of such water only when no alternate method of
disposal is reasonably available or to mitigate an environmental risk or
health hazard.
The discharge of such waters shall require a Dry Weather Urban Runoff
Discharge Permit or a Special Purpose Discharge Permit from OCSD.
If a permit is granted for the discharge of such water into a Public Sewer,
the User shall pay all applicable charges and shall meet such other
conditions as required by OCSD.
204.
PROHIBITION ON UNPOLLUTED WATER
No Person shall discharge unpolluted water such as single pass cooling
OCSD-48-27
water directly or indirectly to OCSD's Sewerage Facilities except as
provided herein. Pursuant to Section 305, et seq., OCSD may approve the
discharge of such water only when no alternate method of disposal or reuse
is reasonably available or to mitigate an environmental risk or health hazard.
The discharge of such waters shall require a Special Purpose Discharge
Permit from OCSD.
If a permit is granted for the discharge of such water into a public sewer, the
User shall pay all applicable charges and shall meet such other conditions
as required by OCSD.
205.
PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT
OCSD has the right to control slug discharges, if it is determined to be necessary. All
Significant Industrial Users are required to notify OCSD immediately of any changes at
their facilities that could affect the potential for a slug discharge.
206.
PROHIBITION ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be discharged into a
Public Sewer, except wastes generated in packing or preparing food or food
products. Such grinders must shred the waste to a degree that all particles
will be carried freely under normal flow conditions prevailing in the Public
Sewer.
Waste from Food Service Establishments operating a grinder is prohibited
and shall not be discharged into a Public Sewer unless written authorization
from the General Manager is obtained.
207.
PROHIBITION ON POINT OF DISCHARGE
No Person, except Local Sewering Agencies involved in maintenance functions of
sanitary sewer facilities, shall discharge any Wastewater directly into a manhole or other
opening in a sewer other than through an approved building sewer, unless approved by
OCSD upon written application by the User and payment of the applicable fees and
charges established therefor.
208.
HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT
Any User that discharges any hazardous waste into the Sewerage System shall notify
OCSD immediately as required by 40 CFR 403.12(p).
OCSD-48-28
209. PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES TO
OCSD’S SEWERAGE SYSTEM AND WASTEHAULER STATION
No Wastehauler shall discharge to OCSD’s Sewerage System, domestic
septage or other approved waste or wastewater from a vacuum pumping
truck or other liquid waste transport vehicle, without first obtaining both a
valid Orange County Health Care Agency (OCHCA) registration or other
control mechanism (where applicable), and a OCSD Wastehauler Permit as
required by Section 306. Such Wastewaters shall be discharged only at
locations designated by OCSD, and at such times as established by OCSD.
OCSD may collect samples of each hauled load to ensure compliance with
applicable standards.
No Wastehauler shall discharge domestic septage or other approved Waste
or Wastewater constituents in excess of Limits in Table 1.
The discharge of industrial Wastewater by any Wastehauler is prohibited
unless written permission of the General Manager has been obtained, the
proper permits have been obtained, and the Industrial Wastewater meets
federal and state limits applicable to the User or generator from which the
Industrial Wastewater was obtained; or the Maximum Local Discharge
Limits as specified in Table 1, whichever are more stringent. The discharge
of hauled Industrial Wastewater is subject to all other requirements of this
Ordinance.
No Wastehauler shall discharge or deliver Wastewater to a Sewerage
System that is tributary to OCSD’s Sewerage Facilities that are from a
source that is not within OCSD’s service area unless prior authorization for
such Wastewater is granted by the General Manager.
No Wastehauler shall deliver directly to OCSD’s Sewerage Facilities any
Wastewater originating within OCSD’s boundaries, from an industrial user
subject to categorical Pretreatment Standards, and is greater than the
categorical Pretreatment Standards, OCSD’s Local Limits, or hazardous
waste levels defined by RCRA or 40 CFR 261.
Notwithstanding E above, no Wastehauler shall deliver directly to OCSD’s
Sewerage Facilities any Wastewater originating within OCSD’s boundaries,
from a commercial or an industrial user not subject to categorical
Pretreatment Standards, and is greater than OCSD Local Limits or
hazardous Waste levels defined by RCRA or 40 CFR 261.
No Wastehauler shall add chemicals into Wastehauler trucks while on
OCSD premises before discharging to the OCSD Wastehauler Station
unless approved by OCSD.
OCSD-48-29
No Wastehauler shall discharge Wastewater to the OCSD Wastehauler
Station, which contains mixed load types, i.e., car wash Wastewater,
domestic septage, brine, etc.
Wastehaulers shall provide a Waste-Tracking Form for every load. This
form shall include, at a minimum, the name and address of the industrial
Wastehauler, permit number, truck identification, names and addresses of
sources of Wastewater, and volume and characteristics of Wastewater.
Discharge at the OCSD Wastehauler Station shall be through an
appropriate hose and connection to the discharge port. Discharging
Wastewater directly to the surface area of the Wastehauler Station is
prohibited.
Wastehauler hoses must be connected to the Wastehauler Station
discharge port when being cleaned.
Transferring loads between trucks or from portable toilets to trucks on
OCSD property is prohibited unless permission from OCSD is obtained.
210.
PROHIBITION ON MEDICAL WASTE
No solid Wastes consisting of, but not limited to, hypodermic needles,
syringes, instruments, utensils or other paper and plastic items from
hospitals, clinics, offices of medical doctors, convalescent homes, medical
laboratories or other medical facilities shall be discharged to the Sewerage
System, unless prior written approval for such discharges has been granted
by the General Manager.
OCSD shall have the authority to require that any discharge of etiologic
agents or infectious agents or substances to the Sewerage System be
rendered inactive and noninfectious prior to discharge if the infectious
Waste is deemed to pose a threat to the public health and safety, or can
become an etiologic agent subsequent to discharge to the Sewerage
System, or will result in any violation of applicable Wastewater discharge
requirements.
No unused, unwanted, or expired pharmaceuticals (both over the counter
and prescription-only medications) shall be disposed of in the Sewerage
System, except in accordance with federal and state regulations, or in the
absence of such regulations, using Best Management Practices.
211.
PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited
by this Ordinance, or any permit issued under this Ordinance must be disposed of in
OCSD-48-30
compliance with all regulatory requirements at a permitted point of disposal as defined by
OCSD or Regulatory Agency with jurisdiction thereof.
If the point of disposal is at an OCSD-permitted treatment facility, all Waste-Tracking
Forms shall be retained for a minimum of three years by the facility and Wastehauler of
said Wastewater, and made available for copying for review upon request.
212.
RESERVED
213.
MASS EMISSION RATE DETERMINATION
Mass Emission Rates for non-compatible or Compatible Pollutants that are
present or anticipated in the User's Wastewater discharge may be set for
each User and made an applicable part of each User's permit. These rates
shall be based on Table 1, Maximum Allowable Local Discharge Limits, or
Federal Categorical Pretreatment Standards, and the User's average daily
Wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General Manager.
To verify the User's operating data, OCSD may require the User to submit
an inventory of all Wastewater streams and/or records indicating production
rates.
OCSD may revise limits or Mass Emission Rates previously established in
the discharger's permit at any time, based on: current or anticipated
operating data of the discharger or OCSD; OCSD’s ability to meet NPDES
limits; or changes in the requirements of Regulatory Agencies.
The excess use of water to establish an artificially high flow rate for Mass
Emission Rate determination is prohibited.
OCSD-48-31
214.
MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS
OCSD’s Maximum Allowable Local Discharge Limits are shown in Table 1 below.
TABLE 1
MAXIMUM ALLOWABLE LOCAL NON-DOMESTIC DISCHARGE LIMITS(1)
CONSTITUENT
1,4-dioxane(2)
Ammonia
Arsenic
Biochemical Oxygen Demand (BOD)
Cadmium
Chromium (Total)
Copper
Cyanide (Total)
Lead
Mercury
Molybdenum
Nickel
Pesticides
Oil and Grease of Mineral or Petroleum Origin(4)
Polychlorinated Biphenyls (PCB)
Selenium
Silver
Sulfide (Dissolved)
Sulfide (Total)
Zinc
MILLIGRAMS/LITER
1.0
Mass(3)
2.0
Mass(3)
1.0
20.0
3.0
5.0
2.0
0.03
2.3
10.0
0.01
100.0
0.01
3.9
15.0
0.5
5.0
10.0
MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR WASTEHAULERS
DISCHARGING DOMESTIC SEPTAGE TO THE
OCSD WASTEHAULER STATION
CONSTITUENT
Cadmium
Chromium
Copper
Lead
Nickel
Zinc
(1)
(2)
(3)
(4)
MILLIGRAMS/LITER
1.0
35.0
25.0
10.0
10.0
50.0
Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent limits.
1,4-dioxane is also known as “p-dioxane.”
BOD and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittee’s responsibility to report
the intended technically-based mass use to OCSD.
“Oil and Grease of Mineral or Petroleum Origin” is also known as “Petroleum Oil and Grease as Silica Gel Treated nHexane Extractable Material” or “SGT-HEM Non-Polar Material.”
OCSD-48-32
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES
301.
INTRODUCTION
To provide the maximum public benefit from the use of OCSD’s Sewerage
Facilities, written authorization to use said facilities is required. This written
authorization shall be in the form of a discharge permit or certification. No
vested right shall be given by issuance of permits or certifications provided
for in this Ordinance. OCSD reserves the right to establish, by Ordinance
regulation, or in Wastewater Discharge Permits or certifications, more
stringent standards or requirements on discharges to OCSD Sewerage
Facilities if deemed by the General Manager appropriate to comply with this
Ordinance and the requirements of Regulatory Agencies.
The discharge permit shall be in one of five forms and is dependent upon
the type of discharger, volume, and characteristics of discharge. The five
discharge permits are:
1.
Class I Wastewater Discharge Permit.
2.
Class II Wastewater Discharge Permit.
3.
Dry Weather Urban Runoff Discharge Permit.
4.
Special Purpose Discharge Permit.
5.
Wastehauler Discharge Permit.
The Discharge Certification is issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
The Zero Discharge Certification is issued to certify that a particular
Pollutant or process is not used or discharged to OCSD, even though
regulated process Wastewater may still be generated on-site and eventually
wastehauled or otherwise eliminated. Such a facility does not require a
discharge permit, but may require a Zero Discharge Certification.
302.
CLASS I WASTEWATER DISCHARGE PERMITS
No User requiring a Class I permit shall discharge Wastewater without
obtaining a Class I Wastewater Discharge Permit.
Class I Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD. The conditions of Wastewater Discharge
OCSD-48-33
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
All Class I Users proposing to discharge directly or indirectly into the OCSD
Sewerage Facilities shall obtain a Wastewater Discharge Permit by filing an
application pursuant to Section ARTICLE 2 and paying the applicable fees
pursuant to Section 302.3. For purposes of this Ordinance, a Class I User
is any User:
1.
Subject to Federal Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR chapter I, subchapter N; or
2.
That discharges an average of 25,000 gallons per day or more of
process Wastewater to the POTW (excluding sanitary, noncontact
cooling and boiler blowdown Wastewater); or
3.
Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
OCSD POTW; or
4.
That is designated as such by OCSD on the basis that the Industrial
User has a reasonable potential for adversely affecting the OCSD
POTW's operation or for violating any Pretreatment Standard, local
limit or requirement (in accordance with 40 CFR 403.8(f)(6)); or
5.
That may cause Pass Through affecting OCSD’s ability to comply
with its NPDES Permit or other regulations and standards; or
6.
That may cause Interference with OCSD’s Sewerage Facilities.
302.1 Class I Wastewater Discharge Permit Application
Any User required to obtain a Class I Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by OCSD. The applicant shall submit, in
units and terms appropriate for evaluation, the following information:
1.
Name, address, assessor's parcel number(s), NAICS number(s),
description of the manufacturing process or service activity.
2.
(Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
3.
Volume of Wastewater to be discharged.
OCSD-48-34
4.
Name of individual who can be served with notices other than officers
of corporation.
5.
Name and address of property owner, landlord and/or manager of
the property.
6.
Water supplier and water account numbers.
7.
Wastewater constituents and characteristics as required by OCSD,
including, but not limited to, those mentioned in Section 213, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits,
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the discharger and
acceptable to OCSD.
8.
Time and duration of discharge.
9.
Number of employees per shift and hours of work per employee per
day for each shift.
10.
Waste minimization, best management practices, and water
conservation practices.
11.
Production records, if applicable.
12.
Waste-Tracking Forms, if applicable.
13.
Landscaped area in square feet, if applicable.
14.
Tons of cooling tower capacity, if applicable.
15.
EPA Hazardous Waste Generator Number, if applicable.
16.
Any other information as specified.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment equipment, and appurtenances by size, location, and
elevation for evaluation.
Applicants may also be required to submit information related to the
applicant's business operations, processes, and potential discharge as may
be requested by OCSD to properly evaluate the permit application.
After evaluation of the data, OCSD may issue a Wastewater Discharge
OCSD-48-35
Permit, subject to terms and conditions set forth in this Ordinance and as
otherwise determined by the General Manager to be appropriate to protect
OCSD’s Sewerage Facilities.
The permit application may be denied if the applicant fails to establish to
OCSD's satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
The permit application may be denied if the applicant has in the past
demonstrated an inability to keep current with OCSD invoices for items such
as Permit Fees, Non-Compliance Resampling Fees, Civil Penalties,
Administrative Civil Penalties, Charges for Use, and Supplemental Capital
Facilities Capacity Charges.
302.2 Class I Permit Conditions, and Limits
A Class I permit shall contain all of the following conditions or limits:
1.
Mass Emission Rates and concentration limits regulating noncompatible Pollutants.
2.
Requirements to notify OCSD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
3.
Location of the User's on-site sampling point.
4.
Requirements for submission of self-monitoring reports, technical
reports, production data, discharge reports, compliance with
Pretreatment Standards, BMP-based Categorical Pretreatment
Standards and/or local limits, and/or Waste-Tracking Forms.
5.
Requirements for maintaining, for a minimum of three (3) years, plant
records relating to Wastewater discharge, and Waste-Tracking
Forms as specified by OCSD.
6.
Requirements to submit copies of tax and water bills.
A Class I permit may contain any of the following conditions and/or limits:
1.
Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, Flow
Monitoring Facilities, and sampling facilities.
OCSD-48-36
2.
Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3.
Requirements to self-monitor.
4.
Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for
use.
5.
Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance or determined by the General
Manager to be appropriate to protect OCSD’s Sewerage System.
302.3 Class I Permit Fee
The Class I permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of permit fees must be received by OCSD prior to issuance
of either a new permit or a renewed permit. Permittee shall also pay any
delinquent invoices in full prior to permit renewal.
Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E) of this Ordinance.
302.4 Class I Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1.
The Discharger's current or anticipated operating data;
2.
OCSD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
New source indirect Dischargers shall be required to install and start up any
necessary pollution control equipment before beginning discharge, and
comply with applicable Federal Categorical Pretreatment Standards not to
OCSD-48-37
exceed thirty (30) days after the commencement of discharge.
Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
302.5 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed four (4) years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
302.6 Class I Permit Charge for Use
The purpose of a charge for use is to ensure that each recipient of sewerage
service from OCSD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
conveying, treating, and disposing of Sewage in OCSD’s Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
A Discharger who is issued a Class I Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit charge rates adopted by
Ordinance of the Board of Directors. These fees shall be invoiced on a
quarterly basis. The quarterly invoice shall be based upon an estimate of
the annual use as determined by OCSD. OCSD shall compute the charge
for use based upon actual use for the preceding fiscal year on an annual
reconciliation statement.
The charge for use is payable within forty-five (45) days of invoicing by
OCSD. A special assessment credit will be allowed for any regional sanitary
sewer service charge adopted by the Board of Directors by separate
Ordinance and levied against the permitted property.
In order for OCSD to determine actual annual water use, the User shall
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
OCSD-48-38
to June 30, OCSD will endeavor to obtain the water use data. Data obtained
by OCSD will be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for OCSD
administrative costs when OCSD obtains water use data. OCSD's Board
of Directors shall adopt the amount of the fee.
The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS – Special Assessment Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S = total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates established and adopted by Ordinance of
OCSD's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in Paragraph F
below:
The Unit Charge rates in the charge-for-use formula shall be determined by
the following method:
1.
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This Charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2.
A Capital Facilities Replacement Service component of the Unit
Charge for capital replacement and capital improvement shall be
levied at a rate to be determined from time to time by the Board of
Directors. This charge shall be allocated among Wastewater charge
parameters of flow, biochemical oxygen demand, and suspended
OCSD-48-39
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand, and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3.
The Unit Charge rates for each respective Wastewater component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the parameter of
measure. This relationship shall be used by OCSD in determining the
charge for use.
When Wastewater from sanitary facilities is discharged separately from the
other Wastewater of a Discharger, the charge for use for discharging the
Wastewater may be determined by using the following:
1.
25 gallons per employee per eight-hour working day.
2.
BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number of
people employed full time on a daily basis. This may be determined by
averaging the number of people employed at the beginning and end of each
quarter, or other period that reflects normal employment fluctuations.
303.
CLASS II WASTEWATER DISCHARGE PERMITS
No User requiring a Class II permit shall discharge Wastewater without
obtaining a Wastewater Discharge Permit.
Class II Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use and
fees established by OCSD. The conditions of Wastewater Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
All Class II Users proposing to discharge directly or indirectly into the
OCSD-48-40
OCSD’s Sewerage Facilities shall obtain a Wastewater discharge Permit by
filing an application pursuant to Section ARTICLE 1 and paying the
applicable fees pursuant to Section 303.3. For purposes of this Ordinance,
a Class II User is any User:
1.
Whose charge for use is greater than the special assessment “OCSD
Sewer User Fee” included on the County of Orange secured property
tax bill exclusive of debt service; and
2.
Discharging Wastewater other than sanitary; and
3.
Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
Any User required to obtain a Class II Wastewater Discharge Permit shall
complete and file with OCSD, prior to commencing discharge, an
application on the form prescribed by OCSD. The applicant shall submit, in
units and terms appropriate for evaluation, the following information:
1.
Name, address, assessor's parcel number(s) and NAICS number(s);
description of the manufacturing process or service activity.
2.
(Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
3.
Volume of Wastewater to be discharged.
4.
Name of individual who can be served with notices other than officers
of corporation.
5.
Name and address of property owner, landlord and/or manager of
the property.
6.
Water supplier and water account numbers.
7.
Wastewater constituents and characteristics as required by OCSD,
including, but not limited to, those mentioned in Section 213, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the Discharger and
acceptable to OCSD.
8.
Time and duration of discharge.
OCSD-48-41
9.
Number of employees and average hours of work per employee per
day.
10.
Production records, if applicable.
11.
Waste-Tracking Forms, if applicable.
12.
Landscaped area in square feet, if applicable.
13.
Tons of cooling tower capacity, if applicable.
14.
EPA Hazardous Waste Generator Number, if applicable.
15.
Any other information as specified.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment systems, and appurtenances by size, location, and elevation
for evaluation.
Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as may
be requested to properly evaluate the permit application.
After evaluation of the data furnished, OCSD may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager to be appropriate to
protect the OCSD system.
The permit application may be denied if the applicant fails to establish to
OCSD’s satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
303.2 Class II Permit Conditions and Limits
A Class II permit shall contain all of the following conditions and/or limits:
1.
Applicable Mass Emission Rates and concentration limits regulating
non-compatible Pollutants.
2.
Requirements to notify OCSD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
OCSD-48-42
3.
Location of the User's on-site sample point.
4.
Requirements for submission of technical reports, production data,
discharge reports, and/or Waste-Tracking Forms.
5.
Requirements to submit copies of tax and water bills.
A Class II permit may contain any of the following conditions and/or limits:
1.
Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, flow
monitoring and/or sampling facilities.
2.
Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3.
Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for use.
4.
Requirements to self-monitor.
5.
Requirements for maintaining, for a minimum of three years, plant
records relating to Wastewater discharge, and Waste-Tracking Forms
as specified by OCSD.
6.
Other provisions which may be appropriate to ensure compliance with
this Ordinance.
7.
Other terms and conditions determined by the General Manager to be
appropriate to protect OCSD's Sewerage System.
303.3 Class II Permit Fee
The Class II permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of the permit fee must be received by OCSD prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E) of this Ordinance.
OCSD-48-43
303.4 Class II Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1.
The Discharger's current or anticipated operating data;
2.
OCSD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
The Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
303.5 Class II Permit Duration and Renewal
Class II permits shall normally be issued for a period not to exceed five (5) years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
303.6 Class II Permit Charge for Use
The purpose of a charge for use is to ensure that each recipient of sewerage
service from OCSD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
conveying, treating, and disposing of Sewage in OCSD’s Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
A Discharger who is issued a Class II Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the Unit Charge rates adopted
OCSD-48-44
annually by Ordinance of the Board of Directors. These fees shall be
invoiced on a quarterly basis. The quarterly invoice shall be based upon an
estimate of the annual use as determined by OCSD.
Annually, OCSD shall compute the charge for use based upon actual use
for the preceding fiscal year on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by OCSD.
A special assessment credit will be allowed for any regional sanitary sewer
service charge adopted by the Board of Directors by separate Ordinance
and levied against the permitted property.
In order for OCSD to determine actual annual water use, the User shall
provide to OCSD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
to June 30, OCSD will endeavor to obtain the water use data. Data obtained
by OCSD will be considered correct and will not be adjusted before the next
annual reconciliation statement.
There shall be a fee levied for OCSD administrative costs when water use
data is obtained by OCSD. The amount of the fee shall be adopted by the
OCSD Board of Directors.
The charge for use shall be computed by the following formula:
Charge for Use = VoV + BoB + SoS – Special Assessment Credit
Where V = total annual volume of flow, in millions of gallons
B = total annual discharge of biochemical oxygen demand, in thousands of
pounds
S = total annual discharge of suspended solids, in thousands of pounds
Vo, Bo, So = Unit Charge rates adopted annually by Ordinance of OCSD's
Board of Directors, based upon the funding requirements of providing
sewerage service, in dollars per unit as described in Paragraph E below.
The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
1.
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the
OCSD-48-45
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2.
A Capital Facilities Replacement component of the Unit Charge for
capital replacement and capital improvement shall be levied at a rate
to be determined from time to time by the Board of Directors. This
charge shall be allocated among the three Wastewater charge
parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3.
The unit charge rates for each respective Wastewater component in
(1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the other parameter
of measure. This relationship shall be used by OCSD in determining the
charge for use. When Wastewater from sanitary facilities is discharged
separately from the other Wastewater of a Discharger, the charge for use
for discharging the sanitary Wastewater may be determined by using the
following:
1.
25 gallons per employee per eight-hour working day.
2.
BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number
of people employed full time on a daily basis. This may be
determined by averaging the number of people employed at the
OCSD-48-46
beginning and end of each quarter, or other period that reflects
normal employment fluctuations.
304.
DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS
No User shall discharge urban runoff directly to OCSD’s Sewerage System
without obtaining a Dry Weather Urban Runoff Discharge Permit.
OCSD shall determine whether the dry weather urban runoff proposed to
be discharged into OCSD’s Sewerage System may cause a potential
environmental risk and/or health hazard that cannot be economically or
practically controlled by alternative disposal methods.
Dry Weather Urban Runoff Discharge Permits shall be subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD.
All Users required to obtain a Dry Weather Urban Runoff Discharge Permit
proposing to discharge directly or indirectly into OCSD’s Sewerage
Facilities shall file an application pursuant to Section 304 and pay the
applicable fees pursuant to Sections 304.3 and 304.6.
304.1 Dry Weather Urban Runoff Discharge Permit Application
An applicant shall contact OCSD prior to any construction of facilities and
discharge of dry weather urban runoff into the Sewerage System to
determine if the discharge of dry weather urban runoff to the OCSD’s
Sewerage Facilities is feasible.
Applicants shall complete and file with OCSD, prior to commencing
discharge, an application in the form prescribed by OCSD. This application
shall be accompanied by applicable fees, design plans, a detailed analysis
of other disposal alternatives, or other data as needed by OCSD for review.
The applicant shall provide justification that disposal alternatives for the dry
weather urban runoff are not economically or practically feasible in lieu of
sewer discharge.
In addition to the discharge permit, OCSD may require that the permit
applicant enter into an agreement setting forth the terms under which the
dry weather urban runoff discharge is authorized.
Applicants shall provide adequate Pretreatment and/or Best Management
Practices included within the applicants’ plans to ensure that the applicable
discharge limits shall be met.
OCSD-48-47
304.2 Dry Weather Urban Runoff Discharge Permit Condition and Limits
The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the
following conditions or limits:
Mass Emission Rates and concentration limits regulating non-compatible
Pollutants.
Requirements for the User to construct and maintain, at the User’s expense,
appropriate Pretreatment equipment, Flow Monitoring Facilities, and
devices to prevent storm water discharge into OCSD’s Sewerage System
during a wet weather event (rain event).
Requirements for the User to provide OCSD with its operations and
maintenance plan, best management practices, and pollution prevention
strategies designed to minimize or eliminate dry weather urban runoff
Pollutants.
Limits on rate and time of discharge or requirements for flow regulation and
equalization prior to discharge to the Sewerage System.
Requirements to self-monitor the discharge to the Sewerage System.
The General Manager may impose additional requirements as may be
appropriate to reduce the burden on OCSD’s Sewerage Facilities.
Prohibitions on the discharge, which may cause OCSD’s effluent, biosolids,
or any other product of its treatment process, to be unsuitable for
reclamation, reuse, or disposal.
304.3 Dry Weather Urban Runoff Discharge Permit Fee
The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an
amount established in the applicable Ordinance adopted by OCSD’s Board of Directors.
Payment of permit fees must be received by OCSD prior to issuance of either a new
permit or a renewed permit. Each Permittee shall also pay delinquent invoices in full prior
to permit renewal.
304.4 Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1.
The discharger’s current or anticipated operating data;
OCSD-48-48
2.
OCSD’s current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies, which affect
OCSD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested changes
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond accordingly.
A Permittee shall be informed of any changes in the permit at least fortyfive (45) days prior to the effective date change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
304.5 Dry Weather Urban Runoff Discharge Permit Duration and Renewal
Dry Weather Urban Runoff Discharge Permit shall normally be issued for a period not to
exceed five (5) years. At least forty-five (45) days prior to the expiration of the permit, the
User shall apply for renewal of the permit in accordance with the provisions of this
Article 3.
304.6 Dry Weather Urban Runoff Discharge Permit Charge for Use
A Discharger who is issued a Dry Weather Urban Runoff Discharge Permit under the
provision of this Ordinance shall pay a charge for use in accordance with rates established
by Ordinance adopted by OCSD’s Board of Directors.
305.
SPECIAL PURPOSE DISCHARGE PERMITS
No User requiring a Special Purpose Discharge Permit shall discharge
Wastewater without obtaining a Special Purpose Discharge Permit.
Alternatively, at the discretion of the OCSD Division Head or Department
Head, OCSD may issue a Letter to Discharge in lieu of a Special Purpose
Discharge Permit.
Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by OCSD. The conditions of Special Purpose Discharge
Permits shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
All Special Purpose Discharge Permit Users proposing to discharge directly
OCSD-48-49
or indirectly into OCSD’s Sewerage Facilities shall obtain a Special Purpose
Discharge Permit by filing an application pursuant to Section 305 and
paying the applicable fees pursuant to Sections 305.3 and 305.6. This
discharge permit may be granted when no alternative method of disposal is
reasonably available, or to mitigate an environmental risk or health hazard.
305.1 Special Purpose Discharge Permit Application
Applicants seeking a Special Purpose Discharge Permit shall complete and
file with OCSD, prior to commencing discharge, an application in the form
prescribed by OCSD. This application shall be accompanied by the
applicable fees, plumbing plans, a detailed analysis of the alternatives for
water disposal, or other data as needed by OCSD for review.
The permit application may be denied when the applicant has failed to
establish to OCSD’s satisfaction that adequate Pretreatment equipment is
included within the applicants' plans to ensure that the discharge limits will
be met or that the applicant has, in the past, demonstrated an inability to
comply with applicable discharge limits.
305.2 Special Purpose Discharge Permit Conditions and Limits
Discharge conditions and limits shall be no less stringent than Section
201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 213,
Mass Emission Rate Determination; and Table 1, Local Discharge Limits.
Monitoring requirements for the discharge shall be for those non-compatible
Pollutants known to exist in the discharge. At least one set of baseline
analysis prior to or upon sewer discharge may be required for all
constituents contained in the most current Environmental Protection
Agency (EPA) "Priority Pollutant" list, excluding asbestos, as listed in
Appendix A of 40 CFR 423, or as subsequently amended.
OCSD may specify and make part of each Special Purpose Discharge
Permit specific Pretreatment Requirements or other terms and conditions
determined by the General Manager to be appropriate to protect OCSD’s
Sewerage Facilities, the Local Sewering Agency, to comply with Regulatory
Agencies' requirements, to ensure compliance with this Ordinance, and to
assess a charge for use.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in an amount
adopted by Ordinance of the Board of Directors. Payment of permit fees must be received
by OCSD prior to issuance of either a new permit or a renewed permit. Each Permittee
shall also pay delinquent invoices in full prior to permit renewal.
OCSD-48-50
305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1.
The Discharger's current or anticipated operating data;
2.
OCSD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
OCSD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
A Permittee shall be informed of any changes in the permit at least forty five
(45) days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall normally be issued for a period not to exceed
five (5) years, but may be renewed as determined by the General Manager. Users
seeking permit renewal shall comply with all provisions of this Article 3.
305.6 Special Purpose Discharge Permit Charge for Use
The General Manager shall establish a charge for use to cover all costs of OCSD for
providing sewerage service and monitoring. A deposit determined by the General
Manager to be sufficient to pay the estimated charges for use shall accompany the
Special Purpose Discharge Permit application, and said deposit shall be applied to the
charges for use.
306.
WASTEHAULER DISCHARGE PERMIT
Wastehauler Discharge Permits shall be expressly subject to all provisions
of this Ordinance and all other regulations, charges for use, and fees
established by OCSD. The conditions of Wastehauler discharge permits
OCSD-48-51
shall be enforced by OCSD in accordance with this Ordinance and
applicable state and federal regulations.
A Wastehauler proposing to discharge Waste and/or Wastewater into the
OCSD Wastehauler Station shall obtain and keep current both a valid
Orange County Health Care Agency registration (where applicable), and a
OCSD Wastehauler Permit.
306.1 Wastehauler Discharge Permit Application
No User or Wastehauler shall discharge waste and/or Wastewater without
both a valid Orange County Health Care Agency registration (where
applicable) and an OCSD Wastehauler Discharge Permit.
Any User or Wastehauler required to obtain a Wastehauler Discharge
Permit shall complete and file with OCSD prior to commencing discharge,
an application in a form prescribed by OCSD. This application shall be
accompanied by the applicable fees. The applicant shall submit, in units
and terms appropriate for evaluation, the following information:
1.
Name, address, telephone number, and description of the industries
or clients using the applicant's services.
2.
(Whichever is applicable) Name and address of any and all
principals/owners/major shareholders of the company, Articles of
Incorporation, most recent Report of the Secretary of State, and
Business License.
3.
Name and address of leaseholder of the vehicle or trailer, if
applicable.
4.
Number of trucks and trailers and the license numbers and tank
hauling capacity of each truck or trailer.
5.
A copy of the applicant's valid Orange County Health Care Agency
registration, where applicable.
Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
After evaluation of the data furnished, OCSD may issue a Wastehauler
Discharge Permit, subject to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager to be appropriate to
protect OCSD’s Sewerage System.
OCSD-48-52
306.2 Wastehauler Discharge Permit Conditions and Limits
The issuance of a Wastehauler permit may contain any of the following conditions or
limits:
Limits on discharge of heavy metals and other priority Pollutants.
Requirements for maintaining and submitting Wastehauling records and
Waste-Tracking Forms, and a valid copy of a current Orange County Health
Care Agency registration (where applicable).
Additional requirements as otherwise determined to be appropriate by the
General Manager to protect OCSD's Sewerage System or as specified by
other Regulatory Agencies.
Other terms and conditions which may be applicable to ensure compliance
with this Ordinance.
306.3 Wastehauler Discharge Permit Fee
The Wastehauler discharge permit fee shall be paid by the applicant in an amount
adopted by Ordinance of the Board of Directors. Payment of permit fees must be received
by OCSD prior to issuance of either a new permit or a renewed permit. A Permittee shall
also pay any delinquent invoices in full prior to permit renewal.
306.4 Wastehauler Identification Decal and Access Card Transfer
The identification decal is non-transferable.
If a gate access card is issued, it shall be issued to a specific permitted
vehicle and is non-transferable unless previously authorized in writing by
OCSD.
306.5 Wastehauler Discharge Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by OCSD during the life of the permit
based on:
1.
The Discharger's current or anticipated operating data;
2.
OCSD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
OCSD; or
OCSD-48-53
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. OCSD shall review the request, make a
determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit limits, conditions,
or requirements at least forty five (45) days prior to the effective date of
change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
306.6 Wastehauler Discharge Permit Duration and Renewal
Wastehauler Discharge Permits shall be issued for a period not to exceed three (3) years.
The Wastehauler Discharge Permit is contingent upon the Permittee maintaining a valid
Orange County Health Care Agency Permit registration throughout the duration of the
Wastehauler Discharge Permit. If at any time, the Permittee is determined to not have a
valid OCHCA registration, the OCSD Wastehauler Discharge Permit will be immediately
revoked. Upon expiration of the permit, the User and/or Wastehauler shall apply for
renewal of the permit in accordance with the provisions of Article 3.
306.7 Wastehauler Discharge Permit Charge for Use
A charge for use to cover all costs of OCSD for providing the Wastehauler Station service
and monitoring shall be established by Ordinance of the Board of Directors.
307.
DISCHARGE CERTIFICATIONS
Discharge Certifications may be issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
No User requiring a Discharge Certification or a Zero Discharge Certification
shall discharge non-domestic Wastewater to OCSD without obtaining
certification.
Discharge Certifications shall be expressly subject to all provisions of this
Ordinance and all other regulations, charges for use, and fees established
by OCSD. The conditions of the Discharge Certifications shall be enforced
by OCSD in accordance with this Ordinance and applicable state and
federal regulations.
All Users subject to Discharge Certifications proposing to discharge directly
or indirectly into the OCSD’s Sewerage Facilities shall obtain a Discharge
OCSD-48-54
Certification by filing an application and paying all applicable fees thereto.
A User required to obtain a Discharge Certification may be required, at
OCSD’s discretion, to submit a completed application, and OCSD will
approve the certification or otherwise proceed as required by federal law.
The Discharge Certification shall contain as a minimum:
1.
BMPs to regulate the quality of Wastewater discharged;
2.
Requirements to periodically certify that appropriate BMPs are being
practiced or are no longer necessary;
3.
Requirements to notify OCSD in writing prior to modification to
processes or operations through which regulated Wastewater may
be produced;
4.
Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with all discharge requirements; and
5.
Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
A Zero Discharge Certification shall contain as a minimum:
308.
1.
A statement that no discharge of regulated Wastewater is permitted;
2.
Requirements to notify OCSD of any changes in operation resulting
in a potential for discharge;
3.
Requirements to periodically certify that no discharge of regulated
Wastewater has occurred;
4.
Notice that OCSD may inspect the facility as necessary to assess
and assure compliance with the "no discharge" requirement; and
5.
Requirements to comply with Resource Conservation and Recovery
Act (RCRA) and state hazardous waste regulations regarding the
proper disposal of hazardous waste.
OUT OF DISTRICT PERMITS/DISCHARGERS
Industrial Wastewater Discharge Permits for Dischargers located outside
OCSD's boundaries but within the OCSD service area and tributary to
OCSD’s Sewerage Facilities, may be issued by a Local Sewering Agency
OCSD-48-55
after approval by OCSD. OCSD shall have the right of inspection and
sampling of the User's discharge to determine compliance with Industrial
Wastewater discharge regulations. Such inspection and sampling will be
performed under a coordinated plan developed with the Local Sewering
Agency. The more stringent of the industrial Wastewater discharge
regulations and effluent limits of OCSD and the local agency shall apply to
the Discharger.
Pursuant to Article 6 herein, OCSD shall have the right to enforce the
Federal Regulations, the provisions of this Ordinance, and permit conditions
and limits applicable to any User located outside of OCSD's service area,
but whose discharge is tributary to OCSD’s Sewerage Facilities.
The fees for use shall be determined by OCSD and set forth in a use
agreement with the Local Sewering Agency.
The requirements for a liquid wastehauler program may be established by
a local sewering agency after obtaining written permission from OCSD.
OCSD-48-56
ARTICLE 4. FACILITIES REQUIREMENTS
401.
DRAWING SUBMITTAL REQUIREMENTS
Upon request by OCSD:
Applicants or Users may be required to submit three copies of detailed
facility plans. The submittal shall be in a form and content acceptable to
OCSD for review of existing or proposed Pretreatment facilities, spill
containment facilities, monitoring facilities, metering facilities, and operating
procedures. The review of the plans and procedures shall in no way relieve
the User of the responsibility of modifying the facilities or procedures in the
future, as necessary to produce a discharge acceptable to OCSD, and to
meet the requirements of this Ordinance or any requirements of other
Regulatory Agencies.
The drawing shall depict as a minimum the manufacturing process
(Wastewater generating sources), spill containment, monitoring or metering
facilities, and Pretreatment facilities.
The applicant or User shall submit a schematic drawing of the Pretreatment
facilities, piping and instrumentation diagram, and Wastewater
characterization report.
Users and applicants may also be required to submit for review site plans,
floor plans, mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers, and appurtenances by size, location, and
elevation for evaluation.
OCSD may require the drawings be prepared by a California Registered
Chemical, Mechanical, or Civil Engineer.
Permittees shall be required to submit updated detailed facility plans.
402.
PRETREATMENT FACILITIES
All Users shall provide Wastewater treatment as necessary to comply with
this ordinance and shall achieve compliance with all Categorical
Pretreatment Standards, Table 1, Local Discharge Limits, and the
prohibitions set out in Sections 201 (A) & (B) of this Ordinance within the
time limitations specified by EPA, the state, or OCSD, whichever is more
stringent. Any facilities necessary for compliance shall be provided,
operated by a qualified operator, and maintained in proper operating
condition at the User’s expense.
OCSD-48-57
All Users may also be required by OCSD to submit Wastewater analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation of the Pretreatment facilities and compliance with
permit limits and this Ordinance.
No User shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the User's Permit.
403.
SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
All Users shall provide spill containment for protection against discharge of
prohibited Pollutants, materials or other Wastewaters regulated by this
Ordinance. Such protection shall be designed to secure the discharges and
to prevent them from entering into the Sewerage System in accordance with
reasonable engineering standards. Such facilities shall be provided and
maintained at the User's expense.
The General Manager shall require any Significant Industrial User to
develop and implement an accidental discharge/slug control plan. OCSD
may evaluate whether each Industrial User needs such a plan. Any User
required to develop and implement an accidental discharge/control slug
plan shall submit a plan which addresses, at a minimum, the following:
1.
Description of discharge practices, including non-routine batch
discharges.
2.
Description of stored chemicals.
3.
Procedures for immediately notifying OCSD of any accidental of slug
discharge. Such notification must also be given for any discharge
which would violate any of the prohibited discharges in Article 2 of
this Ordinance.
4.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or
equipment, measures for containing toxic organic Pollutants
(including solvents), and measures and equipment for emergency
response.
OCSD-48-58
404.
MONITORING/METERING FACILITIES
All Wastewater samples must be representative of the User’s discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its monitoring
facility in good working order shall not be grounds for the User to claim that sample results
are unrepresentative of its discharge.
OCSD may require the User to construct and maintain in proper operating
condition at the User's sole expense, flow monitoring, constituent
monitoring and/or sampling facilities.
Permittees may be required to install and maintain an appropriate effluent
flow monitoring device. Calibration of such flow monitoring device shall be
done annually or as specified in the Wastewater discharge permit.
The monitoring or metering facilities may be required to include a security
closure that can be locked with an OCSD provided hasp lock during
sampling or upon termination of service.
The location of the monitoring or metering facilities shall be subject to
approval by OCSD.
The User shall provide immediate, clear, safe and uninterrupted access to
OCSD to the User's monitoring and metering facilities.
For all industries permitted by OCSD, domestic Wastewaters shall be kept
segregated from all Industrial Wastewaters until the Industrial Wastewaters
have passed through any required Pretreatment system or device and the
Permittee’s sample point.
405.
WASTE MINIMIZATION REQUIREMENTS
As required by a User’s permit, the User shall provide waste minimization
plans to reduce or eliminate Pollutant discharge to the Sewerage System
and conserve water. The User shall investigate product substitution,
housekeeping practices, provide inventory control, implement employee
education, and other steps as necessary to minimize Wastewater produced.
Upon approval by OCSD, a User may certify that their facility does not
discharge any type of Wastewater containing Pollutants that may directly or
indirectly discharge into OCSD’s Sewerage System as a form of Best
Management Practice (BMP).
OCSD-48-59
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
501.
MONITORING AND REPORTING CONDITIONS
Monitoring for Annual Charge for Use
The Wastewater constituents and characteristics of a Discharger needed
for determining the annual charge for use shall be submitted in the form of
self-monitoring reports by the User to OCSD, if requested. The frequency
of analyses and reporting shall be set forth in the User's permit. The
analyses of these constituents and characteristics shall be by a laboratory
acceptable to OCSD, and at the sole expense of the Permittee. Analyses
performed by OCSD's personnel may be used in the determination of the
annual charge for use.
Monitoring for
Requirements
Compliance
with
Permit
Conditions
or
Reporting
OCSD may require reports for self-monitoring of Wastewater constituents
and characteristics of the Discharger needed for determining compliance
with any limit or requirements as specified in the User's permit, federal or
state regulations, or this Ordinance. The federal Pretreatment regulations
at 40 CFR 403.12(g)(3) and (4) contain requirements for collecting samples
such as requiring that sampling must be representative of conditions
occurring during the reporting period and that grab samples must be
collected for certain parameters. These reports include:
1.
Baseline Monitoring Reports.
a)
Within either one hundred eighty (180) days after the effective
date of a categorical Pretreatment Standard, or the final
administrative decision on a category determination under 40
CFR 403.6(a)(4), whichever is later, existing Significant
Industrial Users subject to categorical Pretreatment
Standard(s) currently discharging to or scheduled to
discharge to OCSD shall submit to the General Manager a
report which contains the information listed in paragraph b),
below. At least ninety (90) days prior to commencement of
their discharge, New Sources, and sources that become
Significant Industrial Users subsequent to the promulgation of
an applicable categorical Standard, shall submit to the
General Manager a report which contains the information
listed in paragraph c), below. A New Source shall report the
method of Pretreatment it intends to use to meet applicable
categorical Pretreatment Standards. A New Source also shall
OCSD-48-60
give estimates of its anticipated flow and quantity of Pollutants
to be discharged.
b)
Users described above shall submit the information set forth
below.
(1)
All information required in Section ARTICLE 23
including requirements in 40 CFR 403.12(b)(1)-(7).
(2)
Measurement of Pollutants.
a)
b)
The User shall provide the following information.
1)
The categorical Pretreatment Standards
applicable to each regulated process and
any
new
categorically
regulated
processes for Existing Sources.
2)
The results of sampling and analysis
identifying the nature and concentration,
and/or mass, where required by the
Standard or by the General Manager, of
regulated Pollutants in the discharge
from each regulated process.
3)
Instantaneous, Daily Maximum, and
long-term average concentrations or
mass, where required, shall be reported.
4)
The sample shall be representative of
daily operations and shall be analyzed in
accordance with procedures set out in
Section 501.2 of this Ordinance. Where
the Standard requires compliance with a
BMP or pollution prevention alternative,
the User shall submit documentation as
required by the General Manager or the
applicable Standards to determine
compliance with the Standard.
5)
Sampling must be performed in
accordance with procedures set out in
Section 602 of this Ordinance.
The User shall take a minimum of one
representative sample to compile that data
OCSD-48-61
necessary to comply with the requirements of
this paragraph.
c)
Samples should be taken immediately
downstream from Pretreatment facilities if such
exist or immediately downstream from the
regulated process if no Pretreatment exists. If
other Wastewaters are mixed with the regulated
Wastewater prior to Pretreatment the User
should measure the flows and concentrations
necessary to allow use of the Combined
Wastestream Formula in 40 CFR 403.6(e) to
evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or
mass limit has been calculated in accordance
with 40 CFR 403.6(e) this adjusted limit along
with supporting data shall be submitted to
OCSD;
d)
Sampling and analysis shall be performed in
accordance with this Ordinance;
e)
The General Manager may allow the
submission of a baseline report which utilizes
only historical data so long as the data provides
information sufficient to determine the need for
industrial Pretreatment measures;
f)
The baseline report shall indicate the time, date
and place of sampling and methods of analysis,
and shall certify that such sampling and analysis
is representative of normal work cycles and
expected Pollutant discharges to OCSD.
(3)
Compliance Certification. A statement, reviewed by the
User’s Authorized Representative as defined in this
Ordinance and certified by a qualified professional,
indicating whether Pretreatment Standards are being
met on a consistent basis, and, if not, whether
additional operation and maintenance (O&M) and/or
additional Pretreatment is required to meet the
Pretreatment Standards and Requirements.
(4)
Compliance Schedule. If additional Pretreatment
and/or O&M will be required to meet the Pretreatment
Standards, the shortest schedule by which the User will
OCSD-48-62
provide such additional Pretreatment and/or O&M must
be provided.
The completion date in this schedule shall not be later
than the compliance date established for the applicable
Pretreatment Standard.
A compliance schedule
pursuant to this Section must meet the requirements
set forth in this Ordinance.
(5)
2.
Signature and Report Certification. All baseline
monitoring reports must be certified in accordance with
this Ordinance and signed by an Authorized
Representative.
Compliance Schedule Progress Reports.
The following conditions shall apply to the compliance schedule
required by this Ordinance:
3.
a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
Pretreatment required for the User to meet the applicable
Pretreatment Standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components,
commencing and completing construction, and beginning and
conducting routine operation);
b)
No increment referred to above shall exceed nine (9) months;
c)
The User shall submit a progress report to the General
Manager no later than fourteen (14) days following each date
in the schedule and the final date of compliance including, as
a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established
schedule; and
d)
In no event shall more than nine (9) months elapse between
such progress reports to the General Manager.
90-Day Compliance Reports.
Within ninety (90) days following the date for final compliance with
applicable categorical Pretreatment Standards, or in the case of a
OCSD-48-63
New Source following commencement of the introduction of
Wastewater into OCSD, any User subject to such Pretreatment
Standards and Pretreatment Requirements shall submit to the
General Manager a report containing the information described in
this Ordinance.
For Users subject to equivalent mass or
concentration limits, this report shall contain a reasonable measure
of the User’s long-term production rate. For all other Users subject
to categorical Pretreatment Standards expressed in terms of
allowable Pollutant discharge per unit of production (or other
measure of operation), this report shall include the User’s actual
production during the appropriate sampling period. All compliance
reports must be signed and certified in accordance with this
Ordinance. All sampling will be done in conformance with Section
602.
4.
5.
Periodic Compliance Reports.
a)
Except as otherwise specified in this Ordinance, all Significant
Industrial Users must, at a frequency determined by the
General Manager, submit no less than twice per year on dates
specified by OCSD reports indicating the nature,
concentration of Pollutants in the discharge which are limited
by Pretreatment Standards and the measured or estimated
average and maximum daily flows for the reporting period. In
cases where the Pretreatment Standard requires compliance
with a Best Management Practice (BMP) or pollution
prevention alternative, the User must submit documentation
required by the General Manager or the Pretreatment
Standard necessary to determine the compliance status of the
User including documentation associated with Best
Management Practices.
b)
OCSD will meet reporting requirements as specified by 40
CFR Part 3 (Cross-Media Electronic Reporting). Therefore,
Users that send electronic (digital) documents to OCSD to
satisfy the requirements of this Section must register for the
system online and submit a signed Subscriber Agreement to
OCSD for review and approval.
Notification of the Discharge of Hazardous Waste.
a)
Any User who commences the discharge of hazardous waste
shall notify OCSD, the EPA Regional Waste Management
Division Director, and state hazardous waste authorities, in
writing, of any discharge into OCSD of a substance which, if
otherwise disposed of, would be a hazardous waste under 40
OCSD-48-64
CFR Part 261. The User shall receive written approval from
the OCSD to discharge hazardous waste. Such notification
must include the name of the hazardous waste as set forth in
40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other). If the User
discharges more than one hundred (100) kilograms of such
waste per calendar month to OCSD, the notification also shall
contain the following information to the extent such
information is known and readily available to the User: an
identification of the hazardous constituents contained in the
wastes, an estimation of the mass and concentration of such
constituents in the wastestream discharged during that
calendar month, and an estimation of the mass of constituents
in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place
no later than one hundred and eighty (180) days after the
discharge commences. Any notification under this paragraph
need be submitted only once for each hazardous waste
discharged. However, notifications of changed conditions
must be submitted under subdivision 6 below. The notification
requirement in this Section does not apply to Pollutants
already reported by Users subject to categorical Pretreatment
Standards under the self-monitoring requirements of this
Ordinance.
b)
Dischargers are exempt from the requirements of paragraph
(a), above, during a calendar month in which they discharge
no more than fifteen (15) kilograms of hazardous wastes,
unless the wastes are acute hazardous wastes as specified in
40 CFR 261.30(d) and 261.33(e). Discharge of more than
fifteen (15) kilograms of non-acute hazardous wastes in a
calendar month, or of any quantity of acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e), requires a
one-time notification. Subsequent months during which the
User discharges more than such quantities of any hazardous
waste do not require additional notification.
c)
In the case of any new regulations under section 3001 of
RCRA identifying additional characteristics of hazardous
waste or listing any additional substance as a hazardous
waste, the User must notify the General Manager, the EPA
Regional Waste Management Waste Division Director, and
state hazardous waste authorities of the discharge of such
substance within ninety (90) days of the effective date of such
regulations.
OCSD-48-65
6.
d)
In the case of any notification made under this Section, the
User shall certify that it has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the
degree it has determined to be economically practical.
e)
This provision does not create a right to discharge any
substance not otherwise permitted to be discharged by this
Ordinance, a permit issued thereunder, or any applicable
federal or state law.
Reports of Changed Conditions
Each User must notify the General Manager of any significant
changes to the User’s operations or system which might alter the
nature, quality, or volume of its Wastewater in advance of the
change. The notification must be made promptly, but normally within
30 days. In certain cases, this period may be longer.
7.
a)
The General Manager may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a Wastewater
discharge permit application under this Ordinance.
b)
The General Manager may issue a Wastewater discharge
permit under this Ordinance or modify an existing Wastewater
discharge permit under this ordinance in response to changed
conditions or anticipated changed conditions.
Reports of Potential Problems
a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a non-routine, episodic
nature, a non-customary batch discharge, a Slug Discharge
or Slug Load, that might cause potential problems for OCSD,
the User shall follow the notification procedures under
Notification of Spill or Slug Loading in Article 5. This
notification shall also include the location of the discharge,
type of Wastewater, concentration and volume, if known, and
corrective actions taken by the User.
b)
Within five (5) days following such discharge, the User shall,
unless waived by the General Manager, submit a detailed
written report. This written notification shall include, but not be
limited to, the date of the incident, the reasons for the
discharge or spill, what steps were taken to immediately
correct the problem, and what steps are being taken to
OCSD-48-66
prevent the problem from recurring.
8.
c)
Such notification shall not relieve the User of any expense,
loss, damage, or other liability which might be incurred as a
result of damage or loss to OCSD, natural resources, or any
other damage to person or property; nor shall such notification
relieve the User of any fees, fines, penalties, or other liability
which may be imposed pursuant to this Ordinance or other
applicable law.
d)
A notice shall be permanently posted on the User’s bulletin
board or other prominent place advising employees who to
call in the event of a discharge described in paragraph a,
above. Employers shall ensure that all employees, who could
cause such a discharge to occur, are advised of the
emergency notification procedure.
e)
Significant Industrial Users are required to notify the General
Manager immediately of any changes at its facility affecting
the potential for a Slug Discharge.
Reports from Unpermitted Users
All Users not required to obtain a Wastewater discharge permit shall
provide appropriate reports to the General Manager as the General
Manager may require.
9.
Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must
notify the General Manager within twenty-four (24) hours of
becoming aware of the violation. The User shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the General Manager within thirty (30) days after becoming aware
of the violation. Resampling by the User is not required if OCSD
performs sampling at the User’s facility at least once a month, or if
OCSD performs sampling at the User’s facility between the time
when the initial sampling was conducted and the time when the User
or OCSD receives the results of this sampling, or if OCSD has
performed the sampling and analysis in lieu of the User.
10.
Other reports as required by OCSD.
a)
Monitoring reports of the analyses of Wastewater constituents
and characteristics shall be in a manner and form approved
by OCSD and shall be submitted upon request of OCSD.
OCSD-48-67
When applicable, the self-monitoring requirement and
frequency of reporting may be set forth in the User's permit as
directed by OCSD. The analyses of Wastewater constituents
and characteristics and the preparation of the monitoring
report shall be done at the sole expense of the User.
b)
Failure by the User to perform any required monitoring, or to
submit monitoring reports required by OCSD constitutes a
violation of this Ordinance, may result in determining whether
the Permittee is in significant non-compliance, and be cause
for OCSD to initiate all necessary tasks and analyses to
determine the Wastewater constituents and characteristics for
compliance with any limits and requirements specified in the
User's permit or in this Ordinance. The User shall be
responsible for any and all expenses of OCSD in undertaking
such monitoring analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
OCSD may inspect and sample the Wastewater generating and disposal
facilities of any User to ascertain whether the intent of this Ordinance is
being met and the User is complying with all requirements.
OCSD shall have the right to place on the User's property or other locations
as determined by OCSD, such devices as are necessary to conduct
sampling or metering operations. Other sampling locations may include
downstream manholes, usually in the Sewerage System, for the purpose of
determining the compliance status of an industrial or commercial
Discharger.
OCSD may require the User to install and maintain sample points in areas
acceptable to OCSD outside the User’s facility, within the reasonable
control of the User or OCSD. OCSD may also require lockable sample
boxes fully containing the sample points. The User shall grant OCSD
access to the sample points and sample boxes in accordance with this
Ordinance.
In order for OCSD to determine the Wastewater characteristics of the
Discharger for purposes of determining the annual use charge and for
compliance with permit requirements, the User shall make available for
inspection and copying by OCSD all notices, self-monitoring reports,
Waste-Tracking Forms, and records including, but not limited to, those
related to production, Wastewater generation, Wastewater disposal, and
those required in the Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103 herein. All
such records shall be kept by the User a minimum of three (3) years.
OCSD-48-68
If a Discharger falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method, the Discharger may be
subject to imposition of penalties, permit suspension or permit revocation.
501.2 Analytical Requirements
All Pollutant analyses, including sampling techniques, to be submitted as part of a
Wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does
not contain sampling or analytical techniques for the Pollutant in question, or where the
EPA determines that the Part 136 sampling and analytical techniques are inappropriate
for the Pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
EPA-approved procedures or procedures approved by the General Manager.
501.3 Right of Entry
Persons or occupants of premises where Wastewater is created or
discharged shall allow OCSD, or its representatives, reasonable access to
all parts of the Wastewater generating and disposal facilities for the
purposes of inspection and sampling during all times the Discharger's
facility is open, operating, or any other reasonable time. No Person shall
interfere with, delay, resist or refuse entrance to authorized OCSD
personnel attempting to inspect any facility involved directly or indirectly with
a discharge of Wastewater to OCSD’s Sewerage System.
Where a User has security measures in place, the User shall make
necessary arrangements so that personnel from OCSD shall be permitted
to enter without delay for the purpose of performing their specific
responsibilities.
501.4 Notification of Spill or Slug Loading
In the event the Discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
Discharger has reasonable opportunity to know that a discharge will exceed
the discharge provisions of the User's permit, Sections 201(A) & (B) or
Table 1, Local Discharge Limits, the Discharger shall immediately notify
OCSD by telephone. If the Wastewater or material discharged to the sewer
has the potential to cause or result in a fire or explosion hazard, the
Discharger shall immediately notify the local fire department and OCSD.
Also see Reports of Potential Problems in this Article.
OCSD-48-69
501.5 Bypass Prohibition; Notification of Bypass
Bypass of Industrial Wastewater to the Sewerage System is prohibited.
OCSD may take enforcement action against the User, unless:
1.
Bypass was unavoidable because it was done to prevent loss of life,
personal injury, or severe property damage;
2.
There were no feasible alternatives to the Bypass, such as the use
of auxiliary treatment facilities, retention of untreated Wastes,
elective slow-down or shut-down of production units or maintenance
during periods of production downtime. This condition is not satisfied
if adequate backup equipment could have been feasibly installed in
the exercise of reasonable engineering judgment to prevent a
Bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3.
The Permittee submitted notices as required under Section 501.4(A).
If a Permittee knows in advance of the need for a Bypass, it shall submit a
written request to allow the Bypass to OCSD, if possible, at least ten (10)
days before the date of the Bypass.
OCSD may approve an anticipated Bypass at its sole discretion after
considering its adverse effects, and OCSD determines that the conditions
listed in Section 501.5(A)(1-3) are met.
A Permittee shall provide telephone notification to OCSD of an
unanticipated Bypass that exceeds its permitted discharge limits within four
hours from the time the Permittee becomes aware of the Bypass. A written
report shall also be provided within five (5) days of the time the Permittee
becomes aware or could reasonably have been aware of the Bypass. The
report shall contain a description of the Bypass and its cause; the duration
of the Bypass, including exact dates and times, and, if the Bypass has not
been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent recurrence of the
Bypass. Failure to comply with the oral notice or written report may be
grounds for permit revocation.
OCSD-48-70
ARTICLE 6. ENFORCEMENT
601.
PURPOSE AND SCOPE
The Board finds that in order for OCSD to comply with the laws, regulations,
and rules imposed upon it by Regulatory Agencies and to ensure that
OCSD’s Sewerage Facilities and treatment processes are protected and
are able to operate with the highest degree of efficiency, and to protect the
public health and environment, specific enforcement provisions must be
adopted to govern the discharges to OCSD’s Sewerage System by
Permittees or by facilities required to obtain Zero Discharge Certifications.
Certain violations may result in civil or criminal penalties for violation of
Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
To ensure that all interested parties are afforded due process of law and
that non-compliance and violations are resolved as soon as possible, the
general policy of OCSD is that:
1.
Any determination relating to a Zero Discharge Certification,
Probation Order, Enforcement Compliance Schedule Agreement
(ECSA), or Regulatory Compliance Schedule Agreement (RCSA)
will be made by the Division Head of the OCSD Pretreatment
Program, with a right of appeal by the Permittee to the General
Manager pursuant to the procedures set forth in Section 618.
2.
Any permit suspension or revocation recommended by the Division
Head responsible for the OCSD Pretreatment Program will be heard
and a recommendation made to the General Manager by an OCSD
Department Head or other person designated by the General
Manager.
3.
Actions and decisions by the Division Head or Department Head are
made pursuant to a delegation of authority by the General Manager
as authorized by Section 107 of this Ordinance.
4.
The Board of Directors may adopt rules of procedure to establish the
conduct of certain administrative proceedings.
OCSD, at its discretion, may utilize any one, combination, or all enforcement
remedies provided in this Article 6 in response to any permit or Ordinance
violation.
OCSD-48-71
602.
DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS
Sampling Procedures
603.
1.
Sampling of all Permittees’ facilities, Wastewater and discharges
shall be conducted in the time, place, manner, and frequency
determined at the sole discretion of OCSD.
2.
Non-compliance with Mass Emission Rate limits, concentration
limits, permit discharge conditions, or any discharge provision of this
Ordinance may be determined by an analysis of a grab or composite
sample of the effluent of a User. Non-compliance with Mass
Emission Rate limits shall be determined by an analysis of a
composite sample of the User's effluent, except that a grab sample
may be used to determine compliance with Mass Emission Rate
limits when the discharge is from a closed (batch) treatment system
in which there is no Wastewater flow into the system when the
discharge is occurring, the volume of Wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
3.
All Wastewater samples must be representative of the User’s
discharge. Any sample taken from a sample point is considered to
be representative of the discharge to the public sewer.
4.
Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order
at all times. The failure of a User to keep its monitoring facility in good
working order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
5.
If a User subject to the reporting requirement in this section monitors
any regulated Pollutant at the appropriate sampling location more
frequently than required by the General Manager, using the
procedures prescribed in this Ordinance, the results of this
monitoring shall be included in the report.
ENFORCEMENT PROCEDURES AND APPLICABLE FEES
Self-Monitoring Requirements as a Result of Non-Compliance
1.
If analysis of any sample obtained by OCSD or by a Permittee shows
non-compliance with the applicable Wastewater discharge limits set
forth in this Ordinance or in the Permittee's discharge permit, OCSD
OCSD-48-72
may impose self-monitoring requirements on the Permittee.
2.
A Permittee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
OCSD.
3.
All analyses of self-monitoring samples shall be performed by an
independent laboratory acceptable to OCSD and submitted to OCSD
in the form and frequency determined by OCSD.
4.
All self-monitoring costs shall be borne by the Permittee.
5.
Nothing in this section shall be deemed to limit the authority of OCSD
to impose self-monitoring as a permit condition.
Purpose of Non-Compliance Resampling Fees
The purpose of the non-compliance resampling fee is to compensate OCSD
for costs of additional sampling, monitoring, laboratory analysis, treatment,
disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any penalties as
may be assessed pursuant to Sections 616 and 617.
Non Compliance Resampling Fees for Composite Samples
1.
2.
Each violation of a Permittee's permit limit or condition is a violation
of this Ordinance.
a)
If analysis of any composite sample of a Permittee's discharge
obtained by OCSD shows a major violation by the Permittee
of the Mass Emission Rates or concentration limits specified
in the Permittee's discharge permit or in this Ordinance, then
the Permittee shall pay non-compliance resampling fees to
OCSD pursuant to fee schedules adopted by OCSD's Board
of Directors.
b)
If analysis of any composite sample of a Permittee's discharge
obtained by OCSD shows a minor violation by the Permittee
of the Mass Emission Rates or concentration limits specified
in the Permittee's discharge permit or in this Ordinance, then
OCSD shall impose non-compliance resampling fees
pursuant to fee schedules adopted by OCSD's Board of
Directors.
The fees specified in subsection 603.C.1.a), C.1.b) and D herein
shall be imposed for each date on which OCSD conducts sampling
OCSD-48-73
as a result of a violation by a Permittee.
Non-Compliance Resampling Fees for Grab Samples and Self-Monitoring
Results
1.
If analysis of any grab sample of a Permittee's discharge shows noncompliance with any concentration limits as set forth in the User's
permit or in this Ordinance, OCSD may impose non-compliance
resampling fees, pursuant to fee schedules adopted by the OCSD
Board of Directors, for resampling conducted by OCSD as a result of
a violation by the Permittee.
2.
If any self-monitoring analysis of a Permittee's discharge shows noncompliance with any concentration limits or Mass Emission Rates as
set forth in the User's permit or in this Ordinance, OCSD may impose
non-compliance resampling fees, pursuant to fee schedules adopted
by the OCSD Board of Directors, for sampling conducted by OCSD
as a result of a violation by the Permittee.
603.1 Probation Order
Grounds
In the event the Division Head determines that a Permittee has violated any
provision of this Ordinance, or the terms, conditions and limits of its
discharge permit, or has not made payment of all amounts owed to OCSD
for User charges, non-compliance resampling fees or any other fees, the
General Manager may issue a Probation Order, whereby the Permittee
must comply with all directives, conditions and requirements therein within
the time prescribed.
Provisions
The issuance of a Probation Order may contain terms and conditions
including, but not limited to, installation of Pretreatment equipment and
facilities, requirements for self-monitoring, submittal of drawings or
technical reports, operator certification, audit of Waste minimization
practices, payment of fees, limits on rate and time of discharge, or other
provisions to ensure compliance with this Ordinance.
Probation Order - Expiration
A Probation Order issued by the General Manager shall be in effect for a
period not to exceed ninety (90) days.
OCSD-48-74
603.2 Enforcement Compliance Schedule Agreement (ECSA)
Grounds
Upon determination that a Permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this Ordinance,
and needs to construct and/or acquire and install equipment related to
Pretreatment, the General Manager may require the Permittee to enter into
an ECSA which will, upon the effective date of the ECSA, amend the
Permittee's permit. The ECSA shall contain terms and conditions by which
a Permittee must operate during its term and shall provide specific dates for
achieving compliance with each term and condition for construction and/or
acquisition and installation of required equipment related to Pretreatment.
Provisions
The issuance of an ECSA may contain terms and conditions including but
not limited to requirements for self-monitoring, installation of Pretreatment
equipment and facilities, submittal of drawings or reports, operator
certification, audit of Waste minimization practices, payment of fees, limits
on rate and time of discharge, deposit of performance guarantee, interim
limits, or other provisions to ensure compliance with this Ordinance.
ECSA - Payment of Amounts Owed
OCSD shall not enter into an ECSA until such time as all amounts owed to
OCSD, including User fees, non-compliance resampling fees, deposits, or
other amounts due are paid in full, or an agreement for deferred payment
secured by collateral or a third party, is approved by the General Manager.
Failure to pay all amounts owed to OCSD shall be grounds for permit
suspension or permit revocation as set forth in Section 605 and 606.
ECSA - Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and conditions
of an ECSA during its term, the General Manager may issue an order
suspending or revoking the discharge permit pursuant to Section 605 or 606
of this Ordinance.
604.
REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
Grounds
If at any time subsequent to the issuance of a Wastewater Discharge Permit
to an Industrial User, Federal Categorical Pretreatment Standards are
adopted or revised by the United States Environmental Protection Agency,
OCSD-48-75
or in the event OCSD enacts revised or new discharge limits, the General
Manager, upon determination that an Industrial User would not be in
compliance with the adopted revised or new limits, may require the
industrial User to enter into a RCSA with OCSD under terms and conditions
that would provide for achieving compliance with all new standards by the
industrial User on a specific date. The RCSA shall have a maximum term
of two hundred-seventy (270) days. The General Manager may approve a
longer term, upon a showing of good cause.
Provisions
The issuance of a RCSA may contain terms and conditions including but
not limited to requirements for installation of Pretreatment equipment and
facilities, submittal of drawings or reports, waste minimization practices or
other provisions to ensure compliance with this Ordinance.
RCSA - Non-Compliance Resampling Fee
During the period a RCSA is in effect, any discharge by Permittee in
violation of the RCSA will require payment of non-compliance resampling
fees in accordance with this Article 6.
605.
PERMIT SUSPENSION
Grounds
The General Manager may suspend any permit when it is determined that
a Permittee:
1.
Fails to comply with the terms and conditions of either an ECSA or
RCSA.
2.
Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
3.
Refuses to provide records, reports, plans, or other documents
required by OCSD to determine permit terms, conditions, or limits,
discharge compliance, or compliance with this Ordinance.
4.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5.
Fails to report significant changes in operations or Wastewater
constituents and characteristics.
6.
Violates a Probation Order.
OCSD-48-76
7.
Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
8.
Does not make timely payment of all amounts owed to OCSD for
User charges, non-compliance sampling fees, permit fees, or any
other fees imposed pursuant to this Ordinance.
9.
Violates any condition or limit of its discharge permit or any provision
of OCSD's Ordinances or regulations.
Notice/Hearing
When the General Manager has reason to believe that grounds exist for
permit suspension, he shall give written notice thereof via personal delivery,
mail with proof of delivery, or a similar method to the permittee setting forth
a statement of the facts and grounds deemed to exist, together with the time
and place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15) calendar days
nor more than forty-five (45) calendar days after the mailing of such notice.
1.
At the suspension hearing, the Permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by OCSD's General Counsel.
2.
After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days after the conclusion of the hearing setting forth a brief
statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation.
Upon receipt of the written report, the General Manager shall make his
determination and should he/she find that grounds exist for suspension of
the permit, he/she shall issue his/her decision and order in writing within
twenty (20) calendar days. The written decision and order of the General
Manager shall be sent via personal delivery, mail with proof of delivery, or
a similar method to the Permittee or its legal counsel/representative at the
Permittee's business address.
Effect
1.
Upon issuance, an order of permit suspension issued by the General
Manager shall be final in all respects.
OCSD-48-77
606.
2.
The permittee shall immediately cease and desist its discharge of
any Wastewater, directly or indirectly to OCSD’s Sewerage System
for the duration of the suspension. All costs for physically terminating
and reinstating service shall be paid by the Permittee.
3.
Any owner and responsible management employee of the Permittee
shall be bound by the order of suspension.
PERMIT REVOCATION
Grounds
The General Manager may revoke any permit when it is determined that a
Permittee:
1.
Knowingly provides a false statement, representation, record, report,
or other document to OCSD.
2.
Refuses to provide records, reports, plans, or other documents
required by OCSD to determine permit terms, conditions, or limits,
discharge compliance, or compliance with this Ordinance.
3.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4.
Fails to report significant changes in operations or Wastewater
constituents and characteristics.
5.
Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
6.
Discharges effluent to OCSD’s Sewerage System while its permit is
suspended.
7.
Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
8.
Does not make timely payment of all amounts owed to OCSD for
User charges, non-compliance resampling fees, permit fees, or any
other fees imposed pursuant to this Ordinance.
9.
Causes interference with OCSD’s collection, treatment, or disposal
system.
10.
Fails to submit oral notice or written report of a Bypass occurrence.
OCSD-48-78
11.
Violates any condition or limit of its discharge permit or any provision
of OCSD's Ordinances or regulations.
Notice/Hearing
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he/she shall give written notice via personal delivery,
mail with proof of delivery, or a similar method thereof to the Permittee
setting forth a statement of the facts and grounds deemed to exist together
with the time and place where the charges shall be heard by the General
Manager's designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty five (45) calendar days after the mailing
of such notice.
1.
At the hearing, the Permittee shall have an opportunity to respond to
the allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted in accordance
with the procedures established by the General Manager and
approved by OCSD's General Counsel.
2.
After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days setting forth a brief statement of facts found to be true,
a determination of the issues presented, conclusions, and a
recommendation.
3.
Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
permanent revocation of the permit, he/she shall issue his/her
decision and order in writing within twenty (20) calendar days. The
written decision and order of the General Manager shall be sent via
personal delivery, mail with proof of delivery, or a similar method to
the Permittee or its legal counsel/representative at the Permittee's
business address.
4.
In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under terms and
conditions that he/she deems appropriate.
Effect
1.
Upon issuance, an order of permit revocation issued by the General
Manager shall be final in all respects.
2.
The Permittee shall immediately cease and desist its discharge of
OCSD-48-79
any Wastewater directly or indirectly to OCSD’s Sewerage System.
All costs for physical termination shall be paid by the Permittee.
607.
3.
Any owner or Authorized Representative of the Permittee shall be
bound by the order of revocation.
4.
Any future application for a permit at any location within OCSD by
any Person subject to an order of revocation will be considered by
OCSD after fully reviewing the records of the revoked permit, which
records may be the basis for denial of a new permit.
WASTEHAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
A Wastehauler’s non-compliance with permit requirements shall be determined by an
analysis of a sample of the discharge for any constituent or conditions specified in the
Wastehauler’s discharge permit or this Ordinance. If the discharge of a Wastehauler is
found by the analysis to be in excess of the concentration limits specified in the
Wastehauler’s discharge permit or in this Ordinance, the Wastehauler shall, after
receiving a demand from OCSD, identify in writing, all sources of the discharge.
OCSD reserves the right to sample and inspect any Wastehauler that delivers
Wastewater to any facility which is tributary to OCSD’s Sewerage Facilities.
Even if it is established to the satisfaction of the General Manager that the origin of the
discharge is domestic septage, or septic Waste, OCSD may still elect not to accept
Wastewater from that particular source.
If the discharge is Industrial Wastewater from an industrial source(s) and exceeds permit
concentration limits or limits specified in this Ordinance, the following shall apply:
First Violation
1.
The Permittee shall pay a non-compliance resampling fee.
2.
The Wastehauler permit for disposal privileges shall be suspended
for five (5) days.
Second Violation
1.
The Permittee shall pay a non-compliance resampling fee.
2.
The Wastehauler permit for disposal privileges shall be suspended
for ten (10) days.
3.
The Wastehauler permit may be revoked in accordance with Section
OCSD-48-80
606.
608.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
Any User who discharges any Wastewater which causes or contributes to
any obstruction, interference, damage, or any other impairment to OCSD’s
Sewerage Facilities or to the operation of those facilities shall be liable for
all costs required to clean or repair the facilities together with expenses
incurred by OCSD to resume normal operations. Such discharge shall be
grounds for permit revocation. A service charge of twenty five percent
(25%) of OCSD costs shall be added to the costs and charges to reimburse
OCSD for miscellaneous overhead, including administrative personnel and
record keeping. The total amount shall be payable within forty five (45) days
of invoicing by OCSD.
Any User who discharges a Wastewater which causes or contributes to
OCSD violating its discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to the
facilities, shall be liable for any costs or expenses incurred by OCSD,
including regulatory fines, penalties, and assessments made by other
agencies or a court.
609.
INDUSTRIAL WASTEWATER PASS THROUGH
Any User whose discharge results in a Pass Through event affecting OCSD or its
Sewerage Facilities shall be liable for all costs associated with the event, including
treatment costs, regulatory fines, penalties, assessments, and other indirect costs. The
Discharger shall submit to OCSD plans to prevent future recurrences to the satisfaction
of OCSD.
610.
PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil penalty
proceedings that a User has discharged in violation of its permit or any provision under
this Ordinance, OCSD may require that the User notify the public and/or other Users of
the OCSD’s Sewerage Facilities of such violation, of actions taken to correct such
violation, and of any administrative or judicial orders or penalties imposed as a result of
such violation.
611.
PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, OCSD shall annually cause to be published the
names of all Industrial Users in significant non-compliance. Upon a minimum of a thirty
(30) day notification to the User, said publication shall be made in a newspaper(s) of
general circulation that provides meaningful public notice within the jurisdiction(s) served
by OCSD.
OCSD-48-81
612.
PUBLIC NUISANCE
Discharge of Wastewater in any manner in violation of this Ordinance or of any order
issued by the General Manager, as authorized by this Ordinance, is hereby declared a
public nuisance and shall be corrected or abated as directed by the General Manager.
Any Person creating a public nuisance is guilty of a misdemeanor.
613.
TERMINATION OF SERVICE
OCSD, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
1.
On a term of any order of emergency suspension or revocation of a
permit; or
2.
Upon the failure of a Person not holding a valid discharge permit to
immediately cease discharge, whether direct or indirect, to OCSD’s
Sewerage Facilities; or
3.
Upon the failure of a facility not holding a valid discharge permit or
certification.
All costs for physical termination shall be paid by the User as well as all
costs for reinstating service.
614.
EMERGENCY SUSPENSION ORDER
OCSD may, by order of the General Manager, suspend sewerage service
or Wastehauler discharge service when the General Manager determines
that such suspension is necessary in order to stop an actual or impending
discharge which presents or may present an imminent or substantial
endangerment to the health and welfare of persons, or to the environment,
or may cause interference to the OCSD’s Sewerage Facilities, or may cause
OCSD to violate any state or federal law or regulation. Any Discharger
notified of and subject to an Emergency Suspension Order shall
immediately cease and desist the discharge of all Industrial Wastewater to
the Sewerage System.
As soon as reasonably practicable following the issuance of an Emergency
Suspension Order, but in no event more than five (5) days following the
issuance of such order, the General Manager shall hold a hearing to provide
the User the opportunity to present information in opposition to the issuance
of the Emergency Suspension Order. Such a hearing shall not stay the
effect of the Emergency Suspension Order. The hearing shall be conducted
in accordance with procedures established by the General Manager and
OCSD-48-82
approved by the OCSD General Counsel. The General Manager shall issue
a written decision and order within two (2) business days following the
hearing, which decision shall be sent via personal delivery, mail with proof
of delivery, or a similar method to the User or its legal
counsel/representative at that User's business address. The decision of the
General Manager following the hearing shall be final in all respects.
615.
INJUNCTION
Whenever a Discharger of Wastewater is in violation of or has the reasonable potential
to violate any provision of this Ordinance, permit condition, or any Federal Categorical
Pretreatment Standards or Pretreatment Requirements as set forth in 40 CFR Section
403.8, et seq., fails to submit required reports, or refuses to allow OCSD entry to inspect
or monitor the User's discharge, OCSD may petition the Superior Court for the issuance
of a preliminary or permanent injunction, or both, as may be appropriate to restrain the
continued violation or to prevent threatened violations by the Discharger.
616.
CIVIL PENALTIES
Authority
All Users of OCSD’s Sewerage System and facilities are subject to
enforcement actions administratively or judicially by OCSD, U.S. EPA, State
of California Regional Water Quality Control Board, or the County of Orange
District Attorney. Said actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251, et seq.); (2) California Porter-Cologne Water Quality
Control Act (California Water Code Section 13000, et seq.); (3) California
Hazardous Waste Control Law (California Health & Safety Code Sections
25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42
U.S.C.A Section 6901, et seq.); and (5) California Government Code,
Sections 54739-54740.
Recovery of Fines or Penalties
In the event OCSD is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other Regulatory Agencies or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by OCSD, as caused by the
discharge of any User of OCSD’s Sewerage System which is in violation of
any provision of this Ordinance or the User's permit, OCSD shall be entitled
to recover from the User all costs and expenses, including, but not limited
to, the full amount of said fines or penalties to which OCSD has been
subjected.
OCSD-48-83
Ordinance
Pursuant to the authority of California Government Code Sections 54739 54740, any Person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for
each day in which such violation occurs. Pursuant to the authority of the
Clean Water Act, 33 U.S.C. Section 1251, et seq., any Person who violates
any provision of this Ordinance, or any permit condition, prohibition, or
effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per
violation for each day in which such violation occurs. The General Counsel
of OCSD, upon order of the General Manager, shall petition the Superior
Court to impose, assess, and recover such penalties, or such other
penalties as OCSD may impose, assess, and recover pursuant to federal
and/or state legislative authorization.
Administrative Civil Penalties
1.
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, OCSD may issue an administrative complaint
to any Person who violates:
a)
any provision of this Ordinance;
b)
any permit condition, prohibition, or effluent limit, or
certification requirement; or
c)
any suspension or revocation order.
2.
The administrative complaint shall be served via personal delivery,
mail with proof of delivery, or a similar method on the Person and
shall inform the Person that a hearing will be conducted, and shall
specify a hearing date within sixty (60) days. The administrative
complaint will allege the act or failure to act that constitutes the
violation of OCSD requirements, the provisions of law authorizing
civil liability to be imposed, and the proposed civil penalty. The
matter shall be heard by the General Manager’s designee. The
Person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted.
3.
At the hearing, the Person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in
accordance with the procedures established by the General
Manager and approved by OCSD’s General Counsel.
OCSD-48-84
4.
After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days setting forth a brief statement of the facts found to be
true, a determination of the issues presented, conclusions, and a
recommendation.
5.
Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
assessment of a civil penalty against the Person, he/she shall issue
his/her decision and order in writing within twenty (20) calendar days.
6.
If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the General Manager
may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the General Manager may take into
consideration all relevant circumstances, including but not limited to
the extent of harm caused by the violation, the economic benefit
derived through any non-compliance, the nature and persistence of
the violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the Person involved.
7.
Civil penalties may be assessed as follows:
8.
a)
In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
technical, monitoring reports, or any other required
documents;
b)
In an amount which shall not exceed three thousand dollars
($3,000.00) for each day for failing or refusing to timely comply
with any compliance schedules established by OCSD;
c)
In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in violation
of any Wastewater discharge limit, permit condition, or
requirement issued, reissued, or adopted by OCSD;
d)
In any amount which does not exceed ten dollars ($10.00) per
gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by OCSD;
Any Person aggrieved by an order issued by the General Manager
assessing administrative civil penalties may, within fifteen (15) days
after the General Manager issues the order, file an appeal with the
OCSD-48-85
Governing Board. The evidence on appeal shall consist solely of
the General Manager’s order and the administrative record before
the hearing officer. The Governing Board shall determine whether
to uphold, modify, or reverse the General Manager’s order. The
decision of the Governing Board shall be set forth in writing and be
sent by certified mail to the appellant. The decision of the Governing
Board shall be final in all respects. If no appeal of the General
Manager’s decision is filed within fifteen (15) days of its issuance, the
General Manager’s order becomes final in all respects.
617.
9.
Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service
or by registered mail to the Person at his business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10.
Any Person aggrieved by a final decision issued by the Governing
Board, may obtain review in the superior court, pursuant to
Government Code Section 54740.6, by filing in the court a petition
for writ of mandate within thirty (30) days following the service of a
copy of the Governing Board decision.
11.
Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final. The
amount of any administrative civil penalties imposed which have
remained delinquent for a period of sixty (60) days shall constitute a
lien against the real property of the Discharger from which the
discharge resulting in the imposition of the civil penalty originated.
The lien shall have no effect until recorded with the county recorder.
OCSD may record the lien for any unpaid administrative civil
penalties on the ninety-first (91st) day following the date the order
becomes final.
12.
No administrative civil penalties shall be recoverable under Section
616.D for any violation for which OCSD has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
CRIMINAL PENALTIES
Any Person who violates any provision of this Ordinance is guilty of a misdemeanor, which
upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not
more than thirty (30) days, or both. Each violation and each day in which a violation
occurs may constitute a new and separate violation of this Ordinance and shall be subject
to the penalties contained herein.
OCSD-48-86
618.
APPEALS TO GENERAL MANAGER
General
Any User, permit applicant, or Permittee affected by any decision, action or
determination made by the Division Head may file with the General
Manager a written request for an appeal hearing. The request must be
received by OCSD within fifteen (15) days of mailing of notice of the
decision, action, or determination of OCSD to the appellant. The request
for hearing shall set forth in detail all facts supporting the appellant's
request. Filing of an appeal shall stay the proceedings and furtherance of
the action being appealed
Notice
The General Manager shall, within fifteen (15) days of receiving the request
for appeal, and pursuant to Section 107, designate a Department Head or
other person to hear the appeal and provide written notice to the appellant
of the hearing date, time and place via personal delivery, mail with proof of
delivery, or a similar method. The hearing date shall not be more than thirty
(30) days from the delivery date of such notice to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within said
time due to actions or inactions of the appellant, then the staff decision shall
be deemed final.
Hearing
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the Division Head's decision,
action or determination. The hearing shall be conducted in accordance with
procedures established by the General Manager and approved by OCSD's
General Counsel.
Written Determination
After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting forth
a brief statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation whether to uphold, modify
or reverse the Division Head's original decision, action or determination.
Upon receipt of the written report, the General Manager shall make his/her
determination and shall issue his/her decision and order within thirty (30)
calendar days of the hearing by his/her designee. Upon issuance, the order
of the General Manager shall be final in all respects. The written decision
and order of the General Manager shall be sent via personal delivery, mail
with proof of delivery, or a similar method to the appellant or its legal
OCSD-48-87
counsel/representative at the appellant's business address.
619.
PAYMENT OF CHARGES
Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty five (45) days after date of
invoice.
Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1.
Forty six (46) days after date of invoice, a basic penalty of ten percent
(10%) of the base invoice amount, not to exceed a maximum of
$1,000.00; and
2.
A penalty of one and one-half percent (1.5%) per month of the base
invoice amount and basic penalty shall accrue from and after the
forty-sixth (46th) day after date of invoice.
Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate suspension of the permit.
Penalties charged under this Section shall not accrue to those invoices
successfully appealed.
Payment of disputed charges is still required by the due date during OCSD
review of any appeal submitted by Permittees.
620.
COLLECTION OF DELINQUENT ACCOUNTS
Collection of delinquent accounts shall be in accordance with OCSD's policy resolution
establishing procedures for collection of delinquent obligations owed to OCSD, as
amended from time to time by the Board of Directors. Any such action for collection may
include an application for an injunction to prevent repeated and recurring violations of this
Ordinance.
621.
APPEAL OF CHARGES AND FEES
Except for non-compliance charges and penalties, any User, permit applicant, or
Permittee affected by any decision, action, or determination by OCSD, relating to fiscal
issues of OCSD in which the User, applicant, or Permittee is located, including but not
limited to the imposition and collection of fees, such as capital facility capacity charges,
sewer use charges, special purpose discharge use charges and Wastehauler fees, may
request that OCSD reconsider imposition of such fees or charges. Following review of
such a request, OCSD shall notify the User, permit applicant, or Permittee via personal
OCSD-48-88
delivery mail with proof of delivery, or a similar method of OCSD’s decision on the
reconsideration request. Any User, permit applicant, or Permittee adversely affected by
OCSD’s decision on the reconsideration request may file an appeal which shall be heard
by the Board of Directors. The notice of appeal must be received by OCSD within thirty
(30) days of the mailing of OCSD’s decision on the reconsideration request.
622.
RECOVERY OF COSTS INCURRED BY OCSD
In the event any User, permit applicant, or permittee fails to comply with any of the terms
and conditions of this Ordinance, a probationary order, an order of permit suspension or
revocation, an ECSA, a RCSA, a certification, or a permit issued hereunder, OCSD shall
be entitled to reasonable attorney's fees and costs which may be incurred in order to
enforce any of said terms and conditions, with or without filing proceedings in court.
623.
FINANCIAL SECURITY/AMENDMENTS TO PERMIT
Compliance Deposit
Permittees that have been subject to enforcement and/or collection
proceedings may be required to deposit with OCSD an amount determined
by the General Manager as necessary to guarantee payment to OCSD of
all charges, fees, penalties, costs and expenses that may be incurred in the
future, before permission is granted for further discharge to the sewer.
Delinquent Accounts
OCSD may require an amendment to the permit of any Permittee who fails
to make payment in full of all fees and charges assessed by OCSD,
including reconciliation amounts, delinquency penalties, and other costs or
fees incurred by Permittee.
Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging
its financial debts or obligations or seeking court ordered, protection from
its creditors, shall, within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its permit.
Permit Amendments
OCSD shall review and examine Permittee's account to determine whether
previously incurred fees and charges have been paid in accordance with
time requirements prescribed by this Ordinance. OCSD may thereafter
issue an amendment to the User's permit in accordance with the provisions
of Article 3 and subsection E below.
OCSD-48-89
Security
An amendment to a Wastewater discharge permit issued pursuant to
subdivisions (B), (C) and (D) above, may be conditioned upon the Permittee
depositing financial security in an amount equal to the average total fees
and charges for two (2) calendar quarters during the preceding year. Said
deposit shall be used to guarantee payment of all fees and charges incurred
for future services and facilities furnished by OCSD and shall not be used
by OCSD to recover outstanding fees and charges incurred prior to the
Permittee filing and receiving protection from creditors in the United States
Bankruptcy Court.
Return of Security
In the event the Permittee makes payment in full within the time prescribed
by this Ordinance of all fees and charges incurred over a period of two (2)
years following the issuance of an amendment to the permit pursuant to
subdivisions (B), (C) and (D), OCSD shall either return the security deposit
posted by the Permittee or credit their account.
624.
JUDICIAL REVIEW
Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, OCSD
hereby enacts this part to limit to ninety (90) days following final decisions
in adjudicatory administrative hearings the time within which an action can
be brought to review such decisions by means of administrative mandamus.
Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1.
Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking, suspending,
or denying an application for a permit.
2.
Complete Record shall mean and include the transcript, if any exists,
of the proceedings, all pleadings, all notices and orders, any
proposed decision by the General Manager, the final decision, all
admitted exhibits, all rejected exhibits in the possession of OCSD or
its offices or agents, all written evidence, and any other papers in the
case.
OCSD-48-90
3.
Party shall mean a Person whose permit has been denied,
suspended, or revoked.
Time Limit for Judicial Review
Judicial review of any decision of OCSD or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition
for writ of mandate is filed not later than the ninetieth (90th) day following
the date on which the decision becomes final. If there is no provision for
reconsideration in the procedures governing the proceedings or if the date
is not otherwise specified, the decision is final on the date it is made. If
there is provision for reconsideration, the decision is final upon the
expiration of the period during which such reconsideration can be sought;
provided that if reconsideration is sought pursuant to such provision the
decision is final for the purposes of this Section on the date that
reconsideration is rejected.
Preparation of the Record
The complete record of the proceedings shall be prepared by the OCSD
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. OCSD may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
Extension
If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on which
the record is either personally delivered or mailed to the petitioner or the
petitioner's attorney of record.
Notice
In making a final decision, OCSD shall provide notice to the party that the
time within which judicial review must be sought is governed by Section
1094.6 of the Code of Civil Procedure.
Administrative Civil Penalties
Notwithstanding the provisions in this Section, and pursuant to Government
Code Section 54740.6, judicial review of an order of the General Manager
imposing administrative civil penalties pursuant to Section 616.D may be
made only if the petition for writ of mandate is filed not later than the thirtieth
OCSD-48-91
(30th) day following the day on which the order of the General Manager
becomes final.
OCSD-48-92
ARTICLE 7. SEWER SERVICE CHARGES – CAPITAL FACILITY CAPACITY
CHARGES
701.
SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD’s
Sewerage System, shall pay a sanitary sewer service charge in an amount adopted by
the Board of Directors by separate Ordinance.
702.
CAPITAL FACILITIES CAPACITY CHARGE
Every parcel of real property located within OCSD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the OCSD’s
Sewerage System, shall pay a capital facilities capacity charge in an amount adopted by
the Board of Directors by separate Ordinance.
OCSD-48-93
ORDINANCE NO. 16-1
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
EAST ORANGE COUNTY WATER DISTRICT ESTABLISHING
WASTEWATER DISCHARGE REGULATIONS
The Board of Directors of the East Orange County Water District
(EOCWD) does hereby FIND:
A.
B
On Wednesday, May 11, 2016, the Orange County Local Agency
Formation Commission approved the transfer of the Orange County
Sanitary District (OCSD) local sewers in Service Area 7 to EOCWD and
among other things, created Improvement District 1 and approved
EOCWD’s proposed financial plan that included the local sanitary sewer
service charges and the election to have such charges collected on the
tax roll; and
The transfer will become effective on August 1, 2016, and at that point:
1.
EOCWD will be required by federal and state law, including the
Clean Water Act (33 U.S.C. 1251, et seq.), the General Pretreatment
Regulations (40 CFR 403), and the Porter-Cologne Water Quality
Control Act (Water Code Sections 13000, et seq.), to implement and
enforce a program for the regulation of Wastewater discharges to
EOCWD’s sewers; and
2.
That EOCWD will be required by federal, state, and local law to
meet applicable standards of treatment plant effluent quality; and
C.
Therefore, it is the intention of the Board of Directors to adopt this
Ordinance adopting waste discharge regulations, based on the currently
effective waste discharge regulations adopted by Orange County
Sanitation District. to become effective on August 1, 2016 when the
sewer transfer will occur.
D.
That the adoption of this Ordinance is statutorily exempt under the
California Environmental Quality Act pursuant to the provisions of Public
Resources Code Section 21080(b)(8) and California Code of
Regulations Section 15273(a) and categorically exempt pursuant to
California Code of Regulations Sections 15307 and 15308.
NOW, THEREFORE, the Board of Directors of the East Orange County Water District
does ORDAIN:
Section I: Wastewater Discharge Regulations governing the use of EOCWD’s
Sewerage Facilities are hereby restated and amended to provide as follows:
EOCWD 16-1 Sewer Use Ordinance
Page 1 of 87
CONTENTS
ARTICLE 1. GENERAL PROVISIONS
101.
PURPOSE AND POLICY
102.
DEFINITIONS
103.
CONFIDENTIAL INFORMATION
104.
SALE OR CHANGE OF OWNERSHIP
105.
RESERVED
106.
AUTHORITY
107.
DELEGATION OF AUTHORITY
108.
SIGNATORY REQUIREMENTS
109.
RECORD KEEPING REQUIREMENTS
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS
DISCHARGE
FOR
......
201.
PROHIBITED DISCHARGES
202.
PROHIBITION ON DILUTION
203.
PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
204.
PROHIBITION ON UNPOLLUTED WATER
205.
PROHIBITION
ON
REQUIREMENT
206.
PROHIBITION ON THE USE OF GRINDERS
207.
PROHIBITION ON POINT OF DISCHARGE
208.
HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT
209.
PROHIBITION AND REQUIREMENTS FOR WASTEHAULER DISCHARGES
TO THE EOCWD SEWERAGE SYSTEM AND WASTEHAULER STATION ....
210.
PROHIBITION ON MEDICAL WASTE
211.
PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
212.
RESERVED
213.
MASS EMISSION RATE DETERMINATION
214.
MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS
SLUG
DISCHARGES
AND
NOTIFICATION
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES 301.
INTRODUCTION
EOCWD 16-1 Sewer Use Ordinance
Page 2 of 87
302.
CLASS I WASTEWATER DISCHARGE PERMITS
303.
CLASS II WASTEWATER DISCHARGE PERMITS
304.
DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS
305.
306.
SPECIAL PURPOSE DISCHARGE PERMITS
WASTE HAULER DISCHARGE PERMIT
307.
DISCHARGE CERTIFICATIONS
308.
OUT OF DISTRICT PERMITS/DISCHARGERS
309.
RESERVED
310.
RESERVED
ARTICLE 4. FACILITIES REQUIREMENTS
401.
DRAWING SUBMITTAL REQUIREMENTS
402.
PRETREATMENT FACILITIES
403.
SPILL CONTAINMENT
CONTROL PLANS
404.
MONITORING/METERING FACILITIES
405.
WASTE MINIMIZATION REQUIREMENTS
FACILITIES/ACCIDENTAL
SLUG
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
501.
MONITORING AND REPORTING CONDITIONS
ARTICLE 6. ENFORCEMENT
601.
PURPOSE AND SCOPE
602.
DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS
603.
ENFORCEMENT PROCEDURES AND APPLICABLE FEES
604.
REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
605.
PERMIT SUSPENSION
606.
PERMIT REVOCATION
607.
WASTE HAULER NON-COMPLIANCE WITH PERMIT CONDITIONS
608.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
609.
INDUSTRIAL WASTEWATER PASS THROUGH
610.
PUBLICATION OF VIOLATION
611.
PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
EOCWD 16-1 Sewer Use Ordinance
Page 3 of 87
612.
PUBLIC NUISANCE
613.
TERMINATION OF SERVICE
614.
EMERGENCY SUSPENSION ORDER
615.
INJUNCTION
616.
CIVIL PENALTIES
617.
618.
CRIMINAL PENALTIES
APPEALS TO GENERAL MANAGER PAYMENT OF CHARGES
619.
RECOVERY OF COSTS INCURRED BY EOCWD
620.
FINANCIAL SECURITY/AMENDMENTS TO PERMIT
621.
JUDICIAL REVIEW
ARTICLE 7. SEWER SERVICE CHARGES – CAPITAL FACILITY CAPACITY CHARGES
701.
SANITARY SEWER SERVICE CHARGE
702.
CAPITAL FACILITIES CAPACITY CHARGE
ARTICLE 8. SEVERABILITY
801.
SEVERABILITY
802.
GENERAL APPLICATION
EOCWD 16-1 Sewer Use Ordinance
Page 4 of 87
ARTICLE 1. GENERAL PROVISIONS
101.
PURPOSE AND POLICY
This ordinance sets uniform requirements for Users of EOCWD’s Sewerage Facilities and
enables EOCWD to comply with all applicable state and federal laws, including the Clean
Water Act (33 United States Code [U.S.C.] section 1251, et seq.) and the General
Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403).
This Ordinance shall be interpreted in accordance with the definitions set forth in Section
The provisions of the Ordinance shall apply to the direct or indirect discharge of all liquid
wastes carried to facilities of EOCWD.
The purpose of this Ordinance is to provide for the maximum public benefit
from the use of EOCWD’s Sewerage Facilities. This shall be accomplished
by regulating sewer use and Wastewater discharges; by providing equitable
distribution of costs, in compliance with applicable federal, state, and local
regulations; and by supporting the proper disposal of Prescription Drugs as
noted in the guidelines published by the Office of National Drug Control
Policy. The revenues to be derived from the application of this Ordinance
shall be used to defray all costs of providing sewerage service by EOCWD,
including, but not limited to, administration, operation, monitoring,
maintenance, financing, capital construction, replacement and recovery,
and provisions for necessary reserves;
This ordinance is meant to protect both EOCWD personnel who may
be affected by Wastewater in the course of their employment and the
general public.
To comply with federal, state, and local policies and to allow EOCWD and
OCSD to meet applicable standards of treatment plant effluent quality,
biosolids quality, and air quality, provisions are made in this Ordinance for
the regulation of Wastewater discharges to the public sewer. This
Ordinance establishes quantity and quality limits on all Wastewater
discharges which may adversely affect EOCWD's Sewerage System, as
well as OCSD treatment processes, effluent quality, biosolids quality, air
emission characteristics, or inhibit EOCWD's and/or OCSD’s ability to
beneficially reuse or dispose of treated Wastewater, biosolids or meet
biosolids discharge criteria.
It is the intent of these limits to improve the quality of Wastewater being
received for treatment and to encourage water conservation and
Wastewater minimization by all Users connected to a public sewer. This
Ordinance also provides for regulation of the degree of Wastewater
Pretreatment required, the issuance of permits for Wastewater discharge
EOCWD 16-1 Sewer Use Ordinance
Page 5 of 87
and connections and other miscellaneous permits, and establishes
penalties for violation of the Ordinance.
EOCWD is committed to: 1) a policy of support for Wastewater reuse
through groundwater recharge; and 2) a policy for the protection of
groundwater. EOCWD is also committed to help protect groundwater goals
as established by various water quality and water purveyor agencies. To
fulfill these commitments, EOCWD may implement more stringent quality
requirements on Wastewater discharges through regulation, including
revisions to this Ordinance.
EOCWD is committed to a policy for the beneficial use of biosolids,
the implementation of programs to land-apply or provide for the marketing
and distribution of biosolids, which may necessitate more stringent quality
requirements on Wastewater discharges.
EOCWD is also committed to meet applicable air quality goals established
by the South Coast Air Quality Management District, which may further
necessitate more stringent quality requirements on Wastewater discharges.
102.
DEFINITIONS
Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association, and the Water
Environment Federation.
The testing procedures for Wastewater constituents and characteristics shall
be as provided in 40 CFR 136 (Code of Federal Regulations; Title 40; Protection
of Environment; Chapter I, Environmental Protection Agency; Part 136,
Guidelines Establishing Test Procedures for the Analyses of Pollutants), or
as specified.
Other terms not herein defined shall have the same meaning as defined in the
latest California Building and Construction Codes, Title 24, California Code of
Regulations.
1.
Act or “the Act” shall mean the Federal Water Pollution Control Act, also
known as the Clean Water Act, as amended, 33 U.S.C. section 1251, et
seq.
2.
Approved POTW Pretreatment Program or Program or POTW
Pretreatment Program shall mean a program administered by a
POTW that meets the criteria established in 40 CFR 403.8 and 403.9 and
EOCWD 16-1 Sewer Use Ordinance
Page 6 of 87
which has been approved by a Regional Administrator or State Director
in accordance with 40 CFR 403.11.
3.
Authorized Representative or Designated Signatory shall mean:
a)
If the applicant or User is a corporation:
(1)
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation; or
(2)
The manager of one or more manufacturing, production,
or operation facilities, provided the manager is authorized
to make management decisions that govern the operation
of the regulated facility including having the explicit or
implicit duty of making major capital investment
recommendations, and initiate and direct other
comprehensive
measures
to
assure
long-term
environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are
established or actions taken to gather complete and
accurate information for individual Wastewater discharge
permit requirements; and where authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures.
b)
If the applicant or User is a partnership or sole proprietorship: a
general partner or proprietor, respectively.
c)
If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed or
designated to oversee the operation and performance of the
activities of the government facility, or the designee.
d)
The individuals described in paragraphs (a) through (c) above,
as Responsible Officers, may designate an Authorized
Representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall
operation of the facility from which the discharge originates or
having overall responsibility for environmental matters for the
company or organization, and the written authorization is
submitted to EOCWD.
EOCWD 16-1 Sewer Use Ordinance
Page 7 of 87
e)
An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility. The
Responsible
Officer
may
designate
an
Authorized
Representative.
4.
Best Management Practices (BMPs) shall mean schedules of activities,
prohibitions of practices, maintenance procedures, operating
procedures, and practices to control spillage or leaks, treatment
requirements, and other management practices to prevent or reduce
pollution or to meet Article 2 standards. Such BMPs shall be considered
local limits and Pretreatment Standards as stated in 40 CFR 403.5(c)(4).
5.
Biochemical Oxygen Demand (BOD) shall mean a measurement of
oxygen utilized by the decomposition of organic material, over a
specified time period (usually 5 days) in a Wastewater sample. It is used
as a measurement of the readily decomposable organic content of
Wastewater.
6.
Board shall mean the Board of Directors of the East Orange County
Water District.
7.
Bypass shall mean the intentional diversion of wastestreams from any
portion of a User's treatment facility.
8.
Capital Facilities Capacity Charge shall mean the payment of a fee,
imposed by the governing Board of EOCWD, to pay for the future costs of
constructing new sewerage collection, treatment, and disposal
facilities; and as a contributive share of the cost of the existing
facilities. This charge shall be paid by all property owners at the time they
develop the property and connect directly or indirectly to EOCWD’s
Sewerage Facilities as a new system User. This charge, which rates
are set forth in a separate Ordinance, is expressly authorized by
the provisions of California Health & Safety Code Sections 5471 and
5474.
9.
Charge For Use shall mean EOCWD’s sanitary sewer service charge, a
charge established and levied by EOCWD upon residential,
commercial, and industrial Users of EOCWD’s Sewerage System,
pursuant to Sections 302.6(F), or 303.6(E) of this Ordinance, in
proportion to the use of the treatment works by their respective class, that
provides for the recovery of the costs of operation and maintenance
expenses, capital facilities rehabilitation or replacement, and adequate
reserves for the POTW. The minimum charge for use is the Annual
Sewer Service Fee Residential Users.
EOCWD 16-1 Sewer Use Ordinance
Page 8 of 87
10.
Chemical Oxygen Demand (COD) shall mean a measure of the
oxygen required to oxidize all compounds, both organic and inorganic,
in Wastewater.
11.
Class I User shall mean any User who discharges Wastewater that:
a)
is a Significant Industrial User; or
b)
Is determined to have a reasonable potential for adversely
affecting EOCWD’s operation or for violating any Pretreatment
Standard, Local Limit, or discharge requirement, or may cause
Pass Through affecting EOCWD’s ability to comply with its
NPDES Permit or other regulations and standards; or
c)
may cause pass through or Interference with EOCWD’s and/or
OCSD’s Sewerage Facilities.
12.
Class II User shall mean any User whose charge for use is greater than
the special assessment “EOCWD Sewer User Fee” included on the
County of Orange secured property tax bill exclusive of debt service,
that discharges wastes other than sanitary, and that is not otherwise
required to obtain a Class I permit.
13.
Code of Federal Regulations (CFR) shall mean the codification of the
general and permanent regulations published in the Federal Register by
the executive departments and agencies of the federal government.
14.
Compatible Pollutant shall mean a combination of biochemical oxygen
demand, suspended solids, pH, fecal coliform bacteria, plus other
Pollutants that OCSD's treatment facilities are designed to accept
and/or remove. Compatible Pollutants are non-compatible when
discharged in quantities that have an adverse effect on EOCWD’s
and/or OCSD’s Sewerage System or NPDES permit, or when discharged
in qualities or quantities violating any Federal Categorical Pretreatment
Standards, local limit, or other discharge requirement.
15.
Composite Sample shall mean a collection of individual samples
obtained at selected intervals based on an increment of either flow or
time. The resulting mixture (composite sample) forms a representative
sample of the Wastestream discharged during the sample period.
16.
Connection Permit shall mean a permit issued by EOCWD, upon
payment of a capital facilities capacity charge, authorizing the Permittee
EOCWD 16-1 Sewer Use Ordinance
Page 9 of 87
to connect directly to an EOCWD’s Sewerage Facilities or to a sewer
which ultimately discharges into an EOCWD’s Sewerage Facilities.
17.
Department Head shall mean that person duly designated by the
General Manager to perform those delegated duties as specified in this
Ordinance.
18.
Discharger shall mean any Person who discharges or causes a
discharge of Wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
19.
District shall mean the East Orange County Water District or EOCWD.
20.
Division Head shall mean that person duly designated by the General
Manager to implement the EOCWD Pretreatment Program and
perform the duties as specified in this Ordinance.
21.
Domestic Septage shall mean the liquid and solid material removed from
food service establishments, or a septic tank, cesspool, portable toilet,
Type III marine sanitation device, or similar treatment works that receives
only domestic Wastewater.
22.
Domestic Wastewater shall mean the liquid and solid waterborne
wastes derived from the ordinary living processes of humans of such
character as to permit satisfactory disposal, without special treatment,
into the public sewer or by means of a private disposal system.
23.
Downstream Sampling or Monitoring shall mean sampling or
monitoring usually conducted in a city or agency owned sewer for the
purpose of determining the compliance status of an industrial or
commercial Discharger.
24.
Dry Weather Urban Runoff shall mean surface runoff flow that is
generated from any drainage area within EOCWD’s service area during
a period that does not fall within the definition of Wet Weather. It is
surface runoff that contains Pollutants that interfere with or prohibit
the recreational use and enjoyment of public beaches or cause an
environmental risk or health hazard.
25.
EOCWD shall mean the East Orange County Water District.
26.
EOCWD’s Sewerage Facilities or System shall mean any property
belonging to EOCWD used in the local collection and transport of
Wastewater.
EOCWD 16-1 Sewer Use Ordinance
Page 10 of 87
27.
Enforcement Compliance Schedule Agreement (ECSA) shall mean a
mutual agreement between EOCWD and Permittee requiring
implementation of necessary Pretreatment practices and/or installation
of equipment to ensure permit compliance.
28.
Enforcement Response Plan shall mean a plan containing detailed
procedures indicating how EOCWD will investigate and respond to
instances of Industrial User non-compliance in accordance with 40 CFR
403.8(f)(1) or other Users in accordance with EOCWD noncompliance procedures.
29.
Federal Categorical Pretreatment Standards shall mean any regulation
containing Pollutant discharge limits promulgated by the
U.S. EPA in accordance with Sections 307(b) and (c) of the Clean
Water Act (33 U.S.C. 1317) which apply to a specific category of
Industrial Users and which appear in 40 CFR Chapter I, Subchapter N,
Parts 405-471.
30.
Federal Regulations shall mean any applicable provision of the
Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, Title 33, United States Code, Section 1251 and following,
and any regulation promulgated by the United States Environmental
Protection Agency under Title 40 CFR implementing that act.
31.
Flow Monitoring Facilities shall mean equipment and structures provided
at a User's expense to measure, totalize, and/or record, the incoming
water to the facility or the Wastewater discharged to the sewer.
32.
General Manager shall mean the individual duly designated by the
Board of Directors of EOCWD to administer this Ordinance (see also
Section 107).
33.
Grab Sample shall mean a sample taken from a wastestream on a onetime basis without regard to the flow in the wastestream and without
consideration of time.
34.
Indirect Discharge or Discharge shall mean the introduction of
Pollutants into a POTW from any non-domestic source regulated
under section 307(b), (c) or (d) of the Act.
35.
Industrial User shall mean any User that discharges Industrial
Wastewater.
36.
Industrial Wastewater shall mean all liquid carried wastes and
Wastewater of the community, excluding domestic Wastewater and
EOCWD 16-1 Sewer Use Ordinance
Page 11 of 87
domestic septage, and shall include all Wastewater from any
producing, manufacturing, processing, agricultural, or other operation.
37.
Inspector shall mean a person authorized by the General Manager to
inspect any existing or proposed Wastewater generation, conveyance,
processing, and disposal facilities.
38.
Instantaneous Limit (see the Maximum Allowable Discharge Limit)
39.
Interference shall mean any discharge which, alone or in conjunction with
a discharge or discharges from other sources, either:
a)
inhibits or disrupts EOCWD, its treatment processes or
operations, or its biosolids processes, use, or disposal; or
b)
is a cause of a violation of any requirement of EOCWD's WDR and/or
OCSD’s NPDES permit or prevents lawful biosolids or treated
effluent use or disposal.
40.
LEL (Lower Explosive Limit) shall mean the minimum concentration of a
combustible gas or vapor in air (usually expressed in percent by volume
at sea level) which will ignite if an ignition source (sufficient ignition
energy) is present.
41.
Letter to Discharge shall mean a letter authorizing a User to discharge
to the sewer without having to obtain a Special Purpose Discharge
Permit. The discharge volume is generally limited to less than 1 million
gallons.
42.
Local Limit shall mean specific discharge limits developed and enforced
by EOCWD and/or OCSD upon industrial or commercial facilities to
implement the general and specific discharge prohibitions listed in 40
CFR 403.5(a)(1) and (b).
43.
Local Sewering Agency shall mean any public agency or private
corporation responsible for the collection and disposal of Wastewater to
OCSD's Sewerage Facilities duly authorized under the laws of the State
of California to construct and/or maintain public sewers. EOCWD is a
Local Sewering Agency.
44.
Major Violation shall mean a discharge over the permitted discharge limit,
as determined by the result of a sample analysis, as follows:
a)
a discharge exceeding a Mass Emission Rate limit by 20% or
more, or
EOCWD 16-1 Sewer Use Ordinance
Page 12 of 87
b)
a discharge exceeding a concentration limit by 20% or more, or
c)
a pH discharge less than 5.0.
45.
Mass Emission Rate shall mean the weight of material discharged to the
sewer system during a given time interval. Unless otherwise specified,
the mass emission rate shall mean pounds per day of a particular
constituent or combination of constituents.
46.
Maximum Allowable Discharge Limit shall mean the maximum quantity
or concentration of a Pollutant allowed to be discharged at any period
of time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the duration
of the sampling event.
47.
Medical Waste shall mean the discharge of isolation wastes, infectious
agents, human blood and blood byproducts, pathological wastes,
sharps, body parts, fomites, etiologic agents, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
48.
Milligrams Per Liter (mg/L or mg/l) shall mean a unit of the
concentration of a constituent or compound that is found in water or
Wastewater. It is 1 milligram of the constituent or compound in 1 liter of
water or Wastewater.
49.
Minor Violation shall mean a discharge over the permitted discharge limit
as determined by the result of a sample analysis, as follows:
a)
a discharge exceeding a Mass Emission Rate limit by less than
20%, or
50.
b)
a discharge exceeding a concentration limit by less than 20%, or.
c)
a pH discharge equal to or greater than 5.0, but less than 6.0, or
d)
a pH discharge greater than 12.0.
National Pretreatment Standard, Pretreatment Standard, or Standard
shall mean any regulation containing Pollutant discharge limits
promulgated by the EPA in accordance with section 307 (b) and (c)
of the Act, which applies to Industrial Users. This term includes
prohibitive discharges and categorical standards established pursuant
to 40 CFR 403.5 and 40 CFR 403.6.
EOCWD 16-1 Sewer Use Ordinance
Page 13 of 87
51.
North American Industry Classification System (NAICS) shall mean an
industry classification system that groups establishments into
industries based on the activities in which they are primarily engaged.
52.
National Pollutant Discharge Elimination System Permit (NPDES
Permit) shall mean the permit issued to control the discharge to
surface waters of the United States as detailed in Public Law 92 500,
Section 402.
53.
New Source shall mean those sources that are new as defined by 40 CFR
403.3(m) as revised.
54.
Non-compatible Pollutant shall mean any Pollutant which is not a
Compatible Pollutant as defined herein.
55.
OCSD shall mean Orange County Sanitation District.
56.
OCSD’s Sewerage Facilities or System shall mean any property
belonging to OCSD used in the regional collection, treatment and
disposal of Wastewater.
57.
Ordinance shall mean that document entitled "Wastewater Discharge
Regulations" containing EOCWD requirements, conditions, and limits
for connecting and discharging to the sewer system, as may be
amended and modified.
58.
pH shall mean both acidity and alkalinity on a scale ranging from 0 to
14 where 7 represents neutrality, numbers less than 7 increasing acidity,
and more than 7 increasing alkalinity, and is the logarithm of the
reciprocal of the quantity of hydrogen ions in moles per liter of solution.
59.
Pass Through shall mean discharge through OCSD’s Sewerage
Facilities to Waters of the U.S. which, alone or in conjunction with
discharges from other sources, is a cause of a violation of OCSD’s
NPDES permit.
60.
Permittee shall mean a Person who has received a permit to discharge
Wastewater into EOCWD’s Sewerage Facilities subject to the
requirements and conditions established by EOCWD.
61.
Person shall mean any individual, partnership, copartnership,
company, firm, association, corporation or public agency, joint stock
company, trust, estate, or any other legal entity; or their legal
representatives, agents, assigns, including all federal, state, and local
governmental entities.
EOCWD 16-1 Sewer Use Ordinance
Page 14 of 87
62.
Pesticides shall mean those compounds classified as such under
federal or state law or regulations including, but not limited to DDT
(dichlorodiphenyltrichloro-ethane,
both
isomers);
DDE
(dichlorodiphenyl-ethylene); DDD (dichlorodiphenyldichloroethane);
aldrin, benzene hexachloride (alpha [α], beta [β], and gamma [γ]
isomers);
chlordane;
endrin;
endrin
aldehyde;
2,3,7,8tetrachlorodibenzo-p-dioxin (TCDD); toxaphene; α-endosulfan; βendosulfan; endosulfan sulfate; heptachlor; heptachlor epoxide;
dieldrin; demeton; guthion; malathion; methoxychlor; mirex; and
parathion.
63.
Pollutant shall mean any constituent, compound, or characteristic of
Wastewaters on which a discharge limit or requirement may be
imposed either by EOCWD or the regulatory bodies empowered to
regulate EOCWD.
64.
Polychlorinated Biphenyls (PCB) shall mean those compounds
classified as such under federal or state law including, but not limited to
Aroclors 1016, 1221, 1228, 1232, 1242, 1248, 1254, 1260, and 1262.
65.
Pretreatment shall mean the reduction of the amount of Pollutants, the
elimination of Pollutants, or the alteration of the nature of Pollutant
properties in Wastewater to a level authorized by EOCWD prior to, or
in lieu of, discharge of the Wastewater into EOCWD's Sewerage
System. The reduction or alteration can be obtained by physical,
chemical or biological processes, by process changes, or by other
means.
66.
Pretreatment Facility shall mean any works or devices that the
General Manager determines are appropriate to treat, restrict, or
prevent the flow of Industrial Wastewater prior to discharge into a
public sewer.
67.
Pretreatment Requirements shall mean any substantive or procedural
requirement related to Pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
68.
Priority Pollutants shall mean the most recently adopted list of toxic
Pollutants identified and listed by EPA as having the greatest
environmental impact. They are classified as Non-compatible
Pollutants and may require Pretreatment prior to discharge to prevent:
a)
Interference with EOCWD's and/or OCSD’s operation; or
EOCWD 16-1 Sewer Use Ordinance
Page 15 of 87
b)
biosolids contamination; or
c)
Pass Through into receiving waters or into the atmosphere.
69.
Public Agency shall mean the State of California and any city, county,
district, other local authority or public body of or within this state.
70.
Public Sewer shall mean a sewer owned and operated by EOCWD.
71.
Publicly Owned Treatment Works or POTW shall mean a treatment
works as defined by section 212 of the Act, which is owned by a state or
municipality (as defined by section 502(4) of the Act). This definition
includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal Sewage or industrial wastes of
a liquid nature. It also includes sewers, pipes and other conveyances
only if they convey Wastewater to a POTW Treatment Plant. The
term also means the municipality as defined in section 502(4) of the
Act, which has jurisdiction over the Indirect Discharges to and the
discharges from such a treatment works.
72.
RCRA shall mean Resource Conservation and Recovery Act of 1976 (42
U.S.C. 6901, et seq.) and as amended.
73.
Regulatory Agencies shall mean those agencies having jurisdiction over
the operation of EOCWD including, but not limited to, the following:
74.
a)
United States Environmental Protection Agency, Region IX, San
Francisco and Washington, DC (EPA).
b)
California State Water Resources Control Board (SWRCB).
c)
California Regional Water Quality Control Board, Santa Ana
Region (RWQCB).
d)
South Coast Air Quality Management District (SCAQMD).
e)
California Environmental Protection Agency (Cal-EPA).
Regulatory Compliance Schedule Agreement (RCSA) shall mean an
agreement between EOCWD and Permittee requiring the Permittee to
implement Pretreatment practices and/or install equipment to ensure
compliance with future revised categorical Pretreatment Standards or
revised discharge limits.
EOCWD 16-1 Sewer Use Ordinance
Page 16 of 87
75.
Responsible Officer shall mean:
a)
If the applicant or User is a corporation:
(1)
The president, secretary, treasurer, or a vice president of
the corporation in charge of a principal business
function, or any other person who performs similar
policy or decision making functions for the corporation; or
(2)
The manager of one or more manufacturing,
production, or operation facilities, provided the manager
is authorized to make management decisions that govern
the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other
comprehensive
measures
to
assure
long-term
environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are
established or actions taken to gather complete and
accurate information for individual Wastewater discharge
permit requirements; and where authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures.
b)
If the applicant or User is a partnership or sole proprietorship: a
general partner or proprietor, respectively.
c)
If the applicant or User is a federal, state, or local
governmental facility: a director or highest official appointed or
designated to oversee the operation and performance of the
activities of the government facility, or the designee.
d)
An applicant or User not falling within one of the above
categories must designate as the Responsible Officer an
individual responsible for the overall operation of the facility.
76.
Sample Point shall mean a location accepted by EOCWD, from which
Wastewater can be collected that is representative in content and
consistency of the entire flow of Wastewater being sampled.
77.
Sampling Facilities shall mean structure(s) provided at a User's
expense for EOCWD or User to measure and record Wastewater
constituent mass, concentrations, collect a representative sample, or
provide access to plug or terminate the discharge.
EOCWD 16-1 Sewer Use Ordinance
Page 17 of 87
78.
Sanitary Waste shall mean domestic Wastewater, human excrement,
and gray water (e.g., water from household showers, dishwashing
operations, etc.).
79.
Septic Waste shall mean any Sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
80.
Service Area shall mean an area for which EOCWD has agreed to
provide sewer service.
81.
Sewage shall mean Wastewater.
82.
Sewerage Facilities or System shall mean any and all facilities owned by
EOCWD and used for t h e collection and conveyance of Wastewater.
83.
Significant Industrial User, except as provided in 40 CFR 403.3
(v)(2) and (v)(3), shall mean: (i) All Industrial Users subject to
Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR
chapter I, subchapter N; and (ii) Any other Industrial User that:
discharges an average of 25,000 gallons per day or more of process
Wastewater to the POTW (excluding sanitary, noncontact cooling
and boiler blowdown Wastewater); contributes a process wastestream
which makes up 5 percent or more of the average dry weather hydraulic
or organic capacity of the POTW Treatment plant; or is designated as
such by EOCWD on the basis that the Industrial User has a reasonable
potential for adversely affecting the POTW's operation or for violating any
Pretreatment Standard or requirement (in accordance with 40 CFR
403.8(f)(6)).
84.
Significant Non-Compliance (SNC) shall mean the compliance status of
an Industrial User who is in violation of one or more of the criteria as
described in 40 CFR 403.8(f)(2)(viii).
85.
Slug Load or Slug Discharge shall mean any discharge at a flow rate or
concentration, which could cause a violation of the prohibited
discharge standards in Section 201 of this Ordinance. A Slug
Discharge is any Discharge of a non-routine, episodic nature, including
but not limited to an accidental spill or a non-customary batch
Discharge, which has a reasonable potential to cause Interference or
Pass Through, or in any other way violate the POTW’s regulations, Local
Limits, or Permit conditions.
86.
Sludge shall mean any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or Pretreatment
Facility.
EOCWD 16-1 Sewer Use Ordinance
Page 18 of 87
87.
Special Assessment Credit shall mean the portion of the secured
property tax bill that represents the regional special assessment
sewer User fee as defined by EOCWD.
88.
Special Purpose User shall mean any Discharger who is granted a
Special Purpose Discharge Permit by EOCWD to discharge unpolluted
water, storm runoff, or groundwater to EOCWD’s Sewerage Facilities.
89.
Spent Solutions shall mean any concentrated Industrial Wastewater or
Wastewater that is not authorized to be discharged to a Sewage facility
until appropriately treated.
90.
Spill Containment shall mean a protection system installed by the
Permittee to prohibit the discharge to the sewer of non-compatible
Pollutants.
91.
Standard Methods shall mean procedures described in the current
edition of Standard Methods for the Examination of Water and
Wastewater, as published by the American Public Health Association,
the American Water Works Association and Water Pollution Control
Federation.
92.
Suspended Solids shall mean any insoluble material contained as a
component of Wastewater and capable of separation from the liquid
portion of said Wastewater by laboratory filtration as determined by the
appropriate testing procedure and expressed in terms of milligrams
per liter.
93.
Total Organic Carbon (TOC) shall mean the measure of total organic
carbon in mg/L using heat, oxygen, ultraviolet irradiation, chemical
oxidants, or combinations of these oxidants that convert organic
carbon to carbon dioxide, rounded to two significant figures. As such,
Total Toxic Organics is a subset of TOC.
94.
Total Toxic Organics (TTO) shall mean the summation of all
quantifiable values greater than 0.01 milligrams per liter for the
organics regulated by the EPA or EOCWD for a specific industrial
category.
95.
Unpolluted Water shall mean water to which no Pollutant has been
added either intentionally or accidentally.
96.
User shall mean any Person who discharges or causes a discharge of
Wastewater directly or indirectly to a public sewer. User shall mean
EOCWD 16-1 Sewer Use Ordinance
Page 19 of 87
the same as Discharger. User includes Industrial Users as a type of
User.
97.
Waste-Tracking Form shall mean that receipt which is retained by the
generator of hazardous wastes as required by the State of California
or the United States Government pursuant to RCRA, or the California
Hazardous Materials Act, or that receipt which is retained by the
generator for recyclable wastes or liquid non- hazardous wastes as
required by EOCWD. The Waste-Tracking Form is typically known as a
“waste manifest.”
98.
Wastehauler shall mean any Person carrying on or engaging in
vehicular transport of brine, domestic septage (except the SAWPA
Sewer Service Area in compliance with the 1996 EOCWD/SAWPA
Agreement), or Wastewater as part of, or incidental to, any business for
the purpose of discharging directly or indirectly said Wastewater into
EOCWD’s Sewerage System.
99.
Wastewater shall mean the liquid and water-carried wastes of the
community and all constituents thereof, whether treated or untreated,
discharged into or permitted to enter a public sewer.
100. Wastewater Constituents and Characteristics shall mean the individual
chemical, physical, bacteriological, and radiological parameters,
including volume and flow rate and such other parameters that serve
to define, classify or measure the quality and quantity of Wastewater.
101.
Wet Weather shall mean any period of time during which measurable
rainfall occurs within EOCWD’s service area. This period shall include
the time following the cessation of rainfall until EOCWD determines that
the wet weather event is no longer impacting EOCWD’s Sewerage
System.
102.
Working Day shall mean the period of time during which production or
operation is taking place or any period during which discharge to the
sewer is occurring.
103.
Zero Discharge Certification shall mean a control mechanism that is
issued by EOCWD and/or OCSD to insure that specific facilities are not
discharging a Pollutant(s) that may otherwise qualify the facility for a
discharge permit.
Words used in this Ordinance in the singular may include the plural
and the plural the singular. Terms used in the masculine form shall
EOCWD 16-1 Sewer Use Ordinance
Page 20 of 87
include feminine, and terms used in the feminine form shall include
masculine.
103.
CONFIDENTIAL INFORMATION
All user information and data on file with EOCWD shall be available to the public and
governmental agencies without restriction unless the User specifically requests and is
able to demonstrate to the satisfaction of EOCWD that the release of such information would
divulge information, processes or methods which would be detrimental to the User's
competitive position. The demonstration of the need for confidentiality made by the
Permittee must meet the burden necessary for withholding such information from the
general public under applicable state and federal law. Any such claim must be made at
the time of submittal of the information by marking the submittal "Confidential Business
Information" on each page containing such information.
Information which is demonstrated to be confidential shall not be transmitted to anyone
other than a governmental agency without prior notification to the User. Wastewater
constituents and characteristics and other effluent data, as defined in 40 CFR 2.302 shall
not be recognized as confidential information and shall be available to the public.
104.
SALE OR CHANGE OF OWNERSHIP
Permits issued under this Ordinance are for a specific User, for a specific
operation at a specific location or for a specific Wastehauler, and create no
vested rights. Notwithstanding 104.C, the existing permit will be terminated
upon sale or change of ownership.
No permit may be transferred to allow a discharge to a public sewer from a
point other than the location for which the permit was originally issued.
When the permittee is a legal entity (such as a corporation, partnership,
limited liability company, or other legal entity), the permittee is deemed to
have undergone a change of ownership when any other legal entity or
person acquires direct or indirect ownership or control of more than fifty
percent (50%) of the total ownership interest in the permittee.
At least thirty (30) days prior to the sale or change of ownership of any
business operating under a permit issued by EOCWD, the Permittee shall
notify EOCWD in writing of the proposed sale or change of ownership. The
successor owner shall apply to EOCWD for a new permit at least fifteen (15)
days prior to the sale or change of ownership in accordance with the
provisions of this Ordinance. A successor owner shall not discharge any
Wastewater for which a permit is required by this Ordinance until a new
permit is issued by EOCWD to the successor owner.
EOCWD 16-1 Sewer Use Ordinance
Page 21 of 87
The written notification of intended sale or change of ownership shall be in
a form approved by EOCWD and shall include a written certification by
the new owner or Authorized Representative, which shall include as a
minimum:
1.
the specific date on which the sale or change of ownership is to
occur; and
2.
an acknowledgement to comply fully with all the terms, conditions,
limits, and provisions of this Ordinance and the new permit.
105.
RESERVED
106.
AUTHORITY
EOCWD is regulated by several agencies of the United States Government
and the State of California, pursuant to the provisions of federal and state
Law. Federal and state laws grant to EOCWD the authority to regulate and/or
prohibit, by the adoption of ordinances or resolutions, and by issuance of
discharge certifications, or discharge permits, the discharge of any
Wastewater, directly or indirectly, to EOCWD’s Sewerage Facilities. Said
authority includes the right to establish limits, conditions, and prohibitions;
to establish flow rates or prohibit flows discharged to EOCWD’s Sewerage
Facilities; to require the development of compliance schedules for the
installation of equipment systems and materials by all Users; and to take all
actions necessary to enforce its authority including implementation of the
Enforcement Response Plan, whether within or outside EOCWD's
boundaries, including those Users that are tributary to EOCWD or within
areas for which EOCWD has contracted to provide sewerage services.
Four jurisdictions contribute to and are under the purview of OCSD's
Pretreatment program: a section of the Irvine Ranch Water District; a
section of the Sanitation Districts of Los Angeles County, which has several
Dischargers at the county border; the South Orange County Wastewater
Authority, and the Santa Ana Watershed Project Authority (SAWPA), whose
discharge is delivered via the Santa Ana River Interceptor (SARI) and is
comprised of mostly Wastewater brines. Nothing in this Ordinance is
intended to preclude the discharge from SAWPA’s SARI Service Area of
discharges consisting solely of Wastewater brines that are compliant with
all regulations and agreements.
EOCWD has the authority pursuant to California Health and Safety Codes
5471 and 5474 to prescribe, revise, and collect all fees and charges for
services and facilities furnished by EOCWD either within or without its
territorial limits.
EOCWD 16-1 Sewer Use Ordinance
Page 22 of 87
107.
DELEGATION OF AUTHORITY
Whenever any power is granted to or a duty is imposed upon the General Manager, the
power may be exercised or the duty may be performed by any person so authorized by
the General Manager.
108.
SIGNATORY REQUIREMENTS
Reports and permit applications required by this Ordinance shall contain the following
certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my knowledge
and belief, true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and imprisonment for
knowing violations.”
The statement shall be signed by an authorized representative of the Industrial User as
defined in 40 CFR 403.12(l) or as defined and designated by EOCWD.
109.
RECORD KEEPING REQUIREMENTS
Any User subject to EOCWD’s reporting requirements shall maintain and make available
for inspection and copying records of all information obtained pursuant to, or resulting
from, any monitoring activities required by EOCWD, including documentation associated
with Best Management Practices, and any additional records or information obtained
pursuant to monitoring activities undertaken by the User independent of such
requirements. Such records shall include information as shown in 40 CFR 403.12(o)(1)
and (2). These records shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any litigation concerning the
User or EOCWD, or where the User has been specifically notified of a longer retention
period by the General Manager.
ARTICLE 2. GENERAL PROHIBITIONS, LIMITS AND REQUIREMENTS FOR
DISCHARGE
201.
PROHIBITED DISCHARGES
These prohibitions apply to all Users of EOCWD’s Sewerage Facilities whether or not they
are subject to Federal Categorical Pretreatment Standards or any other national, state,
or local Pretreatment Standards or requirements.
EOCWD 16-1 Sewer Use Ordinance
Page 23 of 87
General Prohibitions.
1.
No User shall introduce or cause to be introduced into EOCWD’s
Sewerage Facilities any Pollutant, Wastewater, or flow which causes
Pass Through or Interference or would cause EOCWD to violate
any federal, state, or local regulatory requirement.
2.
No User shall increase the contribution of flow, Pollutants, or change
the nature of Pollutants where such contribution or change does not
meet applicable standards and requirements or where such
contribution would cause EOCWD to violate any federal, state, or
local regulatory permit.
3.
No Person shall transport Wastewater from one location or facility to
another for the purpose of treating or discharging it directly or
indirectly to EOCWD’s Sewerage Facilities without written
permission from EOCWD.
4.
No Person shall deliver by vehicular transport, rail car, or dedicated
pipeline, directly or indirectly to EOCWD’s Sewerage Facilities,
Wastewater which contains any substance that is defined as a
hazardous waste by the Regulatory Agencies.
Specific Prohibitions. No User shall introduce or cause to be introduced
into the Sewerage Facilities, any Pollutant, substance, or Wastewater
which:
1.
Creates a fire or explosive hazard in the Sewerage Facilities
including, but not limited to, wastestreams with a closed-cup
flashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade) using the test methods specified in 40 CFR 261.21; or
produces a gaseous mixture that is 10% or greater of the lower
explosive limit (LEL).
2.
Causes obstruction to the flow in the Sewerage Facilities resulting in
interference or damage to the Sewerage Facilities.
3.
Produces noxious or malodorous liquids, gases, solids, or other
Wastewater which, either singly or by interaction with other Wastes,
is sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the Sewerage Facilities for maintenance or repair.
4.
Results in toxic gases, vapors, or fumes within the Sewerage
Facilities in a quantity that may cause acute worker health and safety
problems.
EOCWD 16-1 Sewer Use Ordinance
Page 24 of 87
5.
Contains any radioactive Wastes or isotopes except in compliance
with applicable regulations from other governmental agencies
empowered to regulate the use of radioactive materials.
6.
Causes, alone or in conjunction with other sources, EOCWD’s
treatment plant effluent to fail a toxicity test.
7.
Causes EOCWD’s effluent or any other product of the treatment
process, residues, biosolids, or scums, to be unsuitable for
reclamation, reuse or disposal. Examples of items which may cause
these conditions include, but are not limited, to food packaging,
product containers, and non-dispersible products.
8.
Causes discoloration or any other condition which affects the quality
of EOCWD’s influent or effluent in such a manner that inhibits
EOCWD’s ability to meet receiving water quality, biosolids quality, or
air quality requirements established by Regulatory Agencies.
9.
Creates excessive foaming in the Sewerage Facilities.
10.
Violates any applicable Federal Categorical Pretreatment Standards,
statute, regulation, or ordinance of any public agency or Regulatory
Agency having jurisdiction over the operation of or discharge of
Wastewater through the Sewerage Facilities.
11.
Has a temperature higher than 140 degrees Fahrenheit, (60 degrees
Centigrade), or which causes the temperature at the treatment plant
to exceed 104 degrees Fahrenheit (40 degrees Centigrade).
12.
Has a pH less than 6.0 or greater than 12.0.
13.
Causes corrosion, fouling, occlusion, or damage to the POTW
beyond normal wear and tear.
14.
Is released in a discharge at a flow rate and/or Pollutant
concentration (including oxygen-demanding Pollutant (BOD, etc.))
which will cause interference with EOCWD’s Sewerage Facilities.
15.
Is in excess of the permitted OCSD Mass Emission Rates
established in accordance with Section 213, or the concentration
limits set forth in Table 1, or the discharge permit.
16.
Contains material which will readily settle or cause an obstruction to
flow in the Sewerage Facilities resulting in interference, such as, but
EOCWD 16-1 Sewer Use Ordinance
Page 25 of 87
not limited to, sand, mud, glass, metal filings, diatomaceous earth,
cat litter, asphalt, wood, bones, hair, fleshings, food packaging,
product containers, and non-dispersible products.
202.
17.
Includes petroleum oil, non-biodegradable cutting oil, or products of
mineral oil origin in amounts that will cause interference or Pass
Through.
18.
Causes the Orange County Water District Groundwater
Replenishment System product water to exceed its TOC limit of 0.5
mg/L.
PROHIBITION ON DILUTION
No User shall increase the use of water or in any other manner attempt to dilute a
discharge as a partial or complete substitute for treatment to achieve compliance with this
Ordinance and the User's permit or to establish an artificially high flow rate for permit
Mass Emission Rates.
203.
PROHIBITION ON SURFACE RUNOFF AND GROUNDWATER
No Person shall discharge groundwater, surface runoff, or subsurface
drainage directly or indirectly to EOCWD's Sewerage Facilities except
as provided herein. Pursuant to Section 304 or 305, et seq., EOCWD
may approve the discharge of such water only when no alternate method
of disposal is reasonably available or to mitigate an environmental risk
or health hazard.
The discharge of such waters shall require a Dry Weather Urban Runoff
Discharge Permit or a Special Purpose Discharge Permit from EOCWD and
OCSD.
If a permit is granted for the discharge of such water into a Public Sewer,
the User shall pay all applicable charges and shall meet such other
conditions as required by EOCWD and OCSD.
204.
PROHIBITION ON UNPOLLUTED WATER
No Person shall discharge unpolluted water such as single pass cooling
water directly or indirectly to EOCWD's Sewerage Facilities except as
provided herein. Pursuant to Section 305, et seq., EOCWD may approve the
discharge of such water only when no alternate method of disposal or reuse is
reasonably available or to mitigate an environmental risk or health hazard.
EOCWD 16-1 Sewer Use Ordinance
Page 26 of 87
The discharge of such waters shall require a Special Purpose Discharge
Permit from EOCWD.
If a permit is granted for the discharge of such water into a public sewer, the
User shall pay all applicable charges and shall meet such other conditions
as required by EOCWD.
205.
PROHIBITION ON SLUG DISCHARGES AND NOTIFICATION REQUIREMENT
EOCWD has the right to control slug discharges, if it is determined to be necessary.
All Significant Industrial Users are required to notify EOCWD immediately of any
changes at their facilities that could affect the potential for a slug discharge.
206.
PROHIBITION ON THE USE OF GRINDERS
Waste from industrial or commercial grinders shall not be discharged into a
Public Sewer, except wastes generated in packing or preparing food or food
products. Such grinders must shred the waste to a degree that all particles
will be carried freely under normal flow conditions prevailing in the Public
Sewer.
Waste from Food Service Establishments operating a grinder is prohibited
and shall not be discharged into a Public Sewer unless written authorization
from the General Manager is obtained.
207.
PROHIBITION ON POINT OF DISCHARGE
No Person, except Local Sewering Agencies involved in maintenance functions of
sanitary sewer facilities, shall discharge any Wastewater directly into a manhole or other
opening in a sewer other than through an approved building sewer, unless approved by
EOCWD upon written application by the User and payment of the applicable fees and
charges established therefor.
208.
HAZARDOUS WASTE DISCHARGE NOTIFICATION REQUIREMENT
Any User that discharges any hazardous waste into the Sewerage System shall notify
EOCWD immediately as required by 40 CFR 403.12(p).
209.
PROHIBITION ON MEDICAL WASTE
No solid Wastes consisting of, but not limited to, hypodermic needles,
syringes, instruments, utensils or other paper and plastic items from
hospitals, clinics, offices of medical doctors, convalescent homes, medical
laboratories or other medical facilities shall be discharged to the Sewerage
EOCWD 16-1 Sewer Use Ordinance
Page 27 of 87
System, unless prior written approval for such discharges has been granted
by the General Manager.
EOCWD shall have the authority to require that any discharge of etiologic
agents or infectious agents or substances to the Sewerage System be
rendered inactive and noninfectious prior to discharge if the infectious
Waste is deemed to pose a threat to the public health and safety, or can
become an etiologic agent subsequent to discharge to the Sewerage
System, or will result in any violation of applicable Wastewater discharge
requirements.
No unused, unwanted, or expired pharmaceuticals (both over the counter
and prescription-only medications) shall be disposed of in the Sewerage
System, except in accordance with federal and state regulations, or in the
absence of such regulations, using Best Management Practices.
210.
PROHIBITION ON DISPOSAL OF SPENT SOLUTIONS AND SLUDGES
Spent solutions, sludges, and materials of quantity or quality in violation of, or prohibited
by this Ordinance, or any permit issued under this Ordinance must be disposed of in
compliance with all regulatory requirements at a permitted point of disposal as defined by
EOCWD or Regulatory Agency with jurisdiction thereof.
If the point of disposal is at an EOCWD-permitted treatment facility, all Waste-Tracking
Forms shall be retained for a minimum of three years by the facility and Wastehauler of
said Wastewater, and made available for copying for review upon request.
211.
RESERVED
212.
MASS EMISSION RATE DETERMINATION
Mass Emission Rates for non-compatible or Compatible Pollutants that are
present or anticipated in the User's Wastewater discharge may be set for
each User and made an applicable part of each User's permit. These rates
shall be based on Table 1, Maximum Allowable Local Discharge Limits, or
Federal Categorical Pretreatment Standards, and the User's average daily
Wastewater discharge for the past three years, the most recent
representative data, or other data acceptable to the General Manager.
To verify the User's operating data, EOCWD may require the User to submit
an inventory of all Wastewater streams and/or records indicating production
rates.
EOCWD may revise limits or Mass Emission Rates previously established
in the discharger's permit at any time, based on: current or anticipated
EOCWD 16-1 Sewer Use Ordinance
Page 28 of 87
operating data of the discharger or EOCWD; EOCWD’s ability to meet
NPDES limits; or changes in the requirements of Regulatory Agencies.
The excess use of water to establish an artificially high flow rate for Mass
Emission Rate determination is prohibited.
MAXIMUM ALLOWABLE LOCAL DISCHARGE LIMITS
EOCWD’s and OCSD’s Maximum Allowable Local Discharge Limits are shown in Table 1
below.
TABLE 1
MAXIMUM ALLOWABLE LOCAL NON-DOMESTIC DISCHARGE
(1)
CONSTITUENT
1,4-dioxane(2)
Ammonia
Arsenic
Biochemical Oxygen Demand (BOD)
Cadmium
Chromium (Total)
Copper
Cyanide (Total)
Lead
Mercury
Molybdenum
Nickel
Pesticides
Oil and Grease of Mineral or Petroleum Origin(4)
Polychlorinated Biphenyls (PCB)
Selenium
Silver
Sulfide (Dissolved)
Sulfide (Total)
Zinc
MILLIGRAMS/LITER
1.0
Mass(3)
2.0
Mass(3)
1.0
20.0
3.0
5.0
2.0
0.03
2.3
10.0
0.01
100.0
0.01
3.9
15.0
0.5
5.0
10.0
MAXIMUM ALLOWABLE DISCHARGE LIMITS FOR
WASTEHAULERS DISCHARGING DOMESTIC SEPTAGE
TO THE
CONSTITUENT
Cadmium
Chromium
Copper
Lead
Nickel
Zinc
MILLIGRAMS/LITER
1.0
35.0
25.0
10.0
10.0
50.0
Users subject to Federal Categorical Pretreatment Standards may be required to meet more stringent
limits.
(2)
1,4-dioxane is also known as “p-dioxane.”
(3)
BOD and ammonia mass discharged will be tracked by OCSD and Users. It is the Permittee’s
responsibility to report the intended technically-based mass use to OCSD.
(4)
“Oil and Grease of Mineral or Petroleum Origin” is also known as “Petroleum Oil and Grease as Silica
(1)
EOCWD 16-1 Sewer Use Ordinance
Page 29 of 87
ARTICLE 3. DISCHARGE PERMITS, CERTIFICATIONS, CHARGES, AND FEES
301.
INTRODUCTION
To provide the maximum public benefit from the use of EOCWD’s Sewerage
Facilities, written authorization to use said facilities is required. This written
authorization shall be in the form of a discharge permit or certification. No
vested right shall be given by issuance of permits or certifications provided
for in this Ordinance. EOCWD reserves the right to establish, by Ordinance
regulation, or in Wastewater Discharge Permits or certifications, more
stringent standards or requirements on discharges to EOCWD Sewerage
Facilities if deemed by the General Manager appropriate to comply with this
Ordinance and the requirements of Regulatory Agencies.
The discharge permit shall be in one of five forms and is dependent upon
the type of discharger, volume, and characteristics of discharge. The five
discharge permits are:
1.
Class I Wastewater Discharge Permit.
2.
Class II Wastewater Discharge Permit.
3.
Dry Weather Urban Runoff Discharge Permit.
4.
Special Purpose Discharge Permit.
5.
Wastehauler Discharge Permit.
The Discharge Certification is issued to those Users that are discharging
regulated Wastewater but are not otherwise required to obtain a discharge
permit.
The Zero Discharge Certification is issued to certify that a particular
Pollutant or process is not used or discharged to EOCWD, even though
regulated process Wastewater may still be generated on-site and eventually
wastehauled or otherwise eliminated. Such a facility does not require a
discharge permit, but may require a Zero Discharge Certification.
302.
CLASS I WASTEWATER DISCHARGE PERMITS
No User requiring a Class I permit shall discharge Wastewater without
obtaining a Class I Wastewater Discharge Permit.
Class I Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
EOCWD 16-1 Sewer Use Ordinance
Page 30 of 87
fees established by EOCWD. The conditions of Wastewater Discharge
Permits shall be enforced by EOCWD in accordance with this Ordinance
and applicable state and federal regulations.
All Class I Users proposing to discharge directly or indirectly into the EOCWD
Sewerage Facilities shall obtain a Wastewater Discharge Permit by filing an
application pursuant to Section ARTICLE 2 and paying the applicable fees
pursuant to Section 302.3. For purposes of this Ordinance, a Class I User
is any User:
1.
Subject to Federal Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR chapter I, subchapter N; or
2.
That discharges an average of 25,000 gallons per day or more of
process Wastewater to the OCSD POTW (excluding sanitary,
noncontact cooling and boiler blowdown Wastewater); or
3.
Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of the
OCSD POTW; or
4.
That is designated as such by EOCWD on the basis that the Industrial
User has a reasonable potential for adversely affecting the EOCWD
POTW's operation or for violating any Pretreatment Standard, local
limit or requirement (in accordance with 40 CFR 403.8(f)(6)); or
5.
That may cause Pass Through affecting EOCWD’s ability to comply
with its NPDES Permit or other regulations and standards; or
6.
That may cause Interference with EOCWD’s Sewerage Facilities.
302.1 Class I Wastewater Discharge Permit Application
Any User required to obtain a Class I Wastewater Discharge Permit shall
complete and file with EOCWD, prior to commencing discharge, an
application on the form prescribed by EOCWD. The applicant shall submit,
in units and terms appropriate for evaluation, the following information:
1.
Name, address, assessor's parcel number(s), NAICS number(s),
description of the manufacturing process or service activity.
2.
(Whichever is applicable) name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
EOCWD 16-1 Sewer Use Ordinance
Page 31 of 87
3.
Volume of Wastewater to be discharged.
4.
Name of individual who can be served with notices other than officers
of corporation.
5.
Name and address of property owner, landlord and/or manager of
the property.
6.
Water supplier and water account numbers.
7.
Wastewater constituents and characteristics as required by EOCWD,
including, but not limited to, those mentioned in Section 213, Mass
Emission Rate Determination, and Table 1, Local Discharge Limits,
of this Ordinance. These constituents and characteristics shall be
determined by a laboratory selected by the discharger and
acceptable to EOCWD.
8.
Time and duration of discharge.
9.
Number of employees per shift and hours of work per employee per
day for each shift.
10.
Waste minimization, best management practices, and water
conservation practices.
11.
Production records, if applicable.
12.
Waste-Tracking Forms, if applicable.
13.
Landscaped area in square feet, if applicable.
14.
Tons of cooling tower capacity, if applicable.
15.
EPA Hazardous Waste Generator Number, if applicable.
16.
Any other information as specified.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment equipment, and appurtenances by size, location, and
elevation for evaluation.
EOCWD 16-1 Sewer Use Ordinance
Page 32 of 87
Applicants may also be required to submit information related to the
applicant's business operations, processes, and potential discharge as may
be requested by EOCWD to properly evaluate the permit application.
After evaluation of the data, EOCWD may issue a Wastewater Discharge
Permit, subject to terms and conditions set forth in this Ordinance and as
otherwise determined by the General Manager to be appropriate to protect
EOCWD’s Sewerage Facilities.
The permit application may be denied if the applicant fails to establish to
EOCWD's satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
The permit application may be denied if the applicant has in the past
demonstrated an inability to keep current with EOCWD invoices for items
such as Permit Fees, Non-Compliance Resampling Fees, Civil Penalties,
Administrative Civil Penalties, Charges for Use, and Supplemental Capital
Facilities Capacity Charges.
302.2 Class I Permit Conditions, and Limits
A Class I permit shall contain all of the following conditions or limits:
1.
Mass Emission Rates and concentration limits regulating noncompatible Pollutants.
2.
Requirements to notify EOCWD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
3.
Location of the User's on-site sampling point.
4.
Requirements for submission of self-monitoring reports, technical
reports, production data, discharge reports, compliance with
Pretreatment Standards, BMP-based Categorical Pretreatment
Standards and/or local limits, and/or Waste-Tracking Forms.
5.
Requirements for maintaining, for a minimum of three (3) years, plant
records relating to Wastewater discharge, and Waste-Tracking
Forms as specified by EOCWD.
6.
Requirements to submit copies of tax and water bills.
EOCWD 16-1 Sewer Use Ordinance
Page 33 of 87
A Class I permit may contain any of the following conditions and/or limits:
1.
Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, Flow
Monitoring Facilities, and sampling facilities.
2.
Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3.
Requirements to self-monitor.
4.
Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for
use.
5.
Other terms and conditions which may be appropriate to ensure
compliance with this Ordinance or determined by the General
Manager to be appropriate to protect EOCWD’s Sewerage System.
302.3 Class I Permit Fee
The Class I permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of permit fees must be received by EOCWD prior to
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E) of this Ordinance.
302.4 Class I Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1.
The Discharger's current or anticipated operating data;
2.
OCSD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
EOCWD and/or OCSD; or
EOCWD 16-1 Sewer Use Ordinance
Page 34 of 87
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
New source indirect Dischargers shall be required to install and start up any
necessary pollution control equipment before beginning discharge, and
comply with applicable Federal Categorical Pretreatment Standards not to
exceed thirty (30) days after the commencement of discharge.
Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. EOCWD shall review the request, make
a determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
302.5 Class I Permit Duration and Renewal
Class I permits shall normally be issued for a period not to exceed four (4) years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
302.6 Class I Permit Charge for Use
The purpose of a charge for use is to ensure that each recipient of sewerage
service from EOCWD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
conveying, treating, and disposing of Sewage in EOCWD’s Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
A Discharger who is issued a Class I Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the unit charge rates adopted by
Ordinance of the Board of Directors. These fees shall be invoiced on a
quarterly basis. The quarterly invoice shall be based upon an estimate of
the annual use as determined by EOCWD. EOCWD shall compute the
charge for use based upon actual use for the preceding fiscal year on an
annual reconciliation statement.
EOCWD 16-1 Sewer Use Ordinance
Page 35 of 87
The charge for use is payable within forty-five (45) days of invoicing by
EOCWD. A special assessment credit will be allowed for any regional
sanitary sewer service charge adopted by the Board of Directors by
separate Ordinance and levied against the permitted property.
In order for EOCWD to determine actual annual water use, the User shall
provide to EOCWD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
to June 30, EOCWD will endeavor to obtain the water use data. Data obtained
by EOCWD will be considered correct and will not be adjusted before the next
annual reconciliation statement. There shall be a fee levied for EOCWD
administrative costs when EOCWD obtains water use data. EOCWD's
Board of Directors shall adopt the amount of the fee.
The charge for use shall be computed by the following formula: Charge
for Use = VoV + BoB + SoS – Special Assessment Credit Where V =
total annual volume of flow, in millions of gallons B = total annual
discharge of biochemical oxygen demand, in thousands of pounds S =
total annual discharge of suspended solids, in thousands of pounds Vo,
Bo, So = Unit Charge rates established and adopted by Ordinance of
EOCWD's Board of Directors, based upon the funding requirements of
providing sewerage service, in dollars per unit as described in
Paragraph F below:
The Unit Charge rates in the charge-for-use formula shall be determined by
the following method:
1.
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This Charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the
General Manager's determination as to the costs associated with
each parameter and pursuant to applicable requirements of state
and federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2.
A Capital Facilities Replacement Service component of the Unit
Charge for capital replacement and capital improvement shall be
EOCWD 16-1 Sewer Use Ordinance
Page 36 of 87
levied at a rate to be determined from time to time by the Board of
Directors. This charge shall be allocated among Wastewater charge
parameters of flow, biochemical oxygen demand, and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand, and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended
solids to be treated by the Sewerage System in the budgeted year.
3.
The Unit Charge rates for each respective Wastewater component
in (1) and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and
in dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the parameter of
measure. This relationship shall be used by EOCWD in determining the
charge for use.
When Wastewater from sanitary facilities is discharged separately from the
other Wastewater of a Discharger, the charge for use for discharging the
Wastewater may be determined by using the following:
1.
25 gallons per employee per eight-hour working day.
2.
BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number of
people employed full time on a daily basis. This may be determined by
averaging the number of people employed at the beginning and end of each
quarter, or other period that reflects normal employment fluctuations.
303.
CLASS II WASTEWATER DISCHARGE PERMITS
No User requiring a Class II permit shall discharge Wastewater without
obtaining a Wastewater Discharge Permit.
Class II Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use and
fees established by EOCWD. The conditions of Wastewater Discharge
EOCWD 16-1 Sewer Use Ordinance
Page 37 of 87
Permits shall be enforced by EOCWD in accordance with this Ordinance
and applicable state and federal regulations.
All Class II Users proposing to discharge directly or indirectly into the
EOCWD’s Sewerage Facilities shall obtain a Wastewater discharge Permit by
filing an application pursuant to Section ARTICLE 1 and paying the
applicable fees pursuant to Section 303.3. For purposes of this Ordinance, a
Class II User is any User:
1.
Whose charge for use is greater than the special assessment
“EOCWD Sewer User Fee” included on the County of Orange secured
property tax bill exclusive of debt service; and
2.
Discharging Wastewater other than sanitary; and
3.
Not otherwise required to obtain a Class I permit.
303.1 Class II Wastewater Discharge Permit Application
Any User required to obtain a Class II Wastewater Discharge Permit shall
complete and file with EOCWD, prior to commencing discharge, an
application on the form prescribed by EOCWD. The applicant shall submit,
in units and terms appropriate for evaluation, the following information:
1.
Name, address, assessor's parcel number(s) and NAICS number(s);
description of the manufacturing process or service activity.
2.
(Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of company; Articles of
Incorporation; most recent Report of the Secretary of State; Business
License.
3.
Volume of Wastewater to be discharged.
4.
Name of individual who can be served with notices other than officers
of corporation.
5.
Name and address of property owner, landlord and/or manager of
the property.
6.
Water supplier and water account numbers.
7.
Wastewater constituents and characteristics as required by
EOCWD, including, but not limited to, those mentioned in Section
213, Mass Emission Rate Determination, and Table 1, Local
EOCWD 16-1 Sewer Use Ordinance
Page 38 of 87
Discharge Limits of this Ordinance. These constituents and
characteristics shall be determined by a laboratory selected by
the Discharger and acceptable to EOCWD.
8.
Time and duration of discharge.
9.
Number of employees and average hours of work per employee per
day.
10.
Production records, if applicable.
11.
Waste-Tracking Forms, if applicable.
12.
Landscaped area in square feet, if applicable.
13.
Tons of cooling tower capacity, if applicable.
14.
EPA Hazardous Waste Generator Number, if applicable.
15.
Any other information as specified.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, spill containment, clarifiers,
Pretreatment systems, and appurtenances by size, location, and elevation
for evaluation.
Applicants may also be required to submit other information related to the
applicant's business operations, processes, and potential discharge as may
be requested to properly evaluate the permit application.
After evaluation of the data furnished, EOCWD may issue a Wastewater
Discharge Permit, subject to terms and conditions set forth in this Ordinance
and as otherwise determined by the General Manager to be appropriate to
protect the EOCWD system.
The permit application may be denied if the applicant fails to establish to
EOCWD’s satisfaction that adequate Pretreatment equipment is included
within the applicant's plans to ensure that the discharge limits will be met or
if the applicant has, in the past, demonstrated an inability to comply with
applicable discharge limits.
303.2 Class II Permit Conditions and Limits
A Class II permit shall contain all of the following conditions and/or limits:
EOCWD 16-1 Sewer Use Ordinance
Page 39 of 87
1.
Applicable Mass Emission Rates and concentration limits regulating
non-compatible Pollutants.
2.
Requirements to notify EOCWD in writing prior to modification to
processes or operations through which Industrial Wastewater may
be produced.
3.
Location of the User's on-site sample point.
4.
Requirements for submission of technical reports, production data,
discharge reports, and/or Waste-Tracking Forms.
5.
Requirements to submit copies of tax and water bills.
A Class II permit may contain any of the following conditions and/or limits:
1.
Requirements for the User to construct and maintain, at his own
expense, appropriate Pretreatment equipment, pH control, flow
monitoring and/or sampling facilities.
2.
Limits on rate and time of discharge or requirements for flow
regulation and equalization.
3.
Assumed values for BOD and suspended solids characteristics that
typify the Discharger's effluent for determination of the charge for use.
4.
Requirements to self-monitor.
5.
Requirements for maintaining, for a minimum of three years, plant
records relating to Wastewater discharge, and Waste-Tracking Forms
as specified by EOCWD and/or OCSD.
6.
Other provisions which may be appropriate to ensure compliance with
this Ordinance.
7.
Other terms and conditions determined by the General Manager to be
appropriate to protect EOCWD's Sewerage System.
303.3 Class II Permit Fee
The Class II permit fee shall be in an amount adopted by Ordinance of the
Board of Directors. The permit fee shall be payable at the time a permit
application is submitted for the issuance of a new permit or a renewed
permit. Payment of the permit fee must be received by EOCWD prior to
EOCWD 16-1 Sewer Use Ordinance
Page 40 of 87
issuance of either a new permit or a renewed permit. Permittee shall also
pay any delinquent invoices in full prior to permit renewal.
Any permit issued for a location wherein the Permittee is not the property
owner may be conditioned upon depositing financial security to guarantee
payment of all annual fees and charges to be incurred, in accordance with
the provisions of Section 623.(E) of this Ordinance.
303.4 Class II Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by the General Manager during the
life of the permit based on:
1.
The Discharger's current or anticipated operating data;
2.
EOCWD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
EOCWD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
The Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. EOCWD shall review the request, make
a determination on the request, and respond in writing.
Permittee shall be informed of any change in the permit limitations,
conditions, or requirements at least forty-five (45) days prior to the effective
date of change. Any changes or new conditions in the permit shall include
a reasonable time schedule for compliance.
303.5 Class II Permit Duration and Renewal
Class II permits shall normally be issued for a period not to exceed five (5) years. At least
forty-five (45) days prior to the expiration of the permit, the User shall apply for renewal
of the permit in accordance with the provisions of this Article 3.
303.6 Class II Permit Charge for Use
The purpose of a charge for use is to ensure that each recipient of sewerage
service from EOCWD pays its reasonably proportionate share of all the costs
of providing that sewerage service. Charges for use to recover the cost of
EOCWD 16-1 Sewer Use Ordinance
Page 41 of 87
conveying, treating, and disposing of Sewage in EOCWD’s Sewerage
Facilities are exclusive of any fees levied by local sewering agencies. The
charge for use shall be based on the total maintenance, operation, capital
expenditures, and reserve requirements for providing Wastewater
collection, treatment, and disposal.
A Discharger who is issued a Class II Wastewater Discharge Permit under
the provisions of this Ordinance shall pay a charge for use in accordance
with the formula contained herein and the Unit Charge rates adopted
annually by Ordinance of the Board of Directors. These fees shall be
invoiced on a quarterly basis. The quarterly invoice shall be based upon an
estimate of the annual use as determined by EOCWD.
Annually, EOCWD shall compute the charge for use based upon actual use
for the preceding fiscal year on an annual reconciliation statement. The
charge for use is payable within forty-five (45) days of invoicing by EOCWD.
A special assessment credit will be allowed for any regional sanitary sewer
service charge adopted by the Board of Directors by separate Ordinance
and levied against the permitted property.
In order for EOCWD to determine actual annual water use, the User shall
provide to EOCWD copies of its water bills. If these water bill copies are not
received by August 15th of each year for the 12 month period ended closest
to June 30, EOCWD will endeavor to obtain the water use data. Data obtained
by EOCWD will be considered correct and will not be adjusted before the next
annual reconciliation statement.
There shall be a fee levied for EOCWD administrative costs when water use
data is obtained by EOCWD. The amount of the fee shall be adopted by the
EOCWD Board of Directors.
The charge for use shall be computed by the following formula: Charge
for Use = VoV + BoB + SoS – Special Assessment Credit Where V =
total annual volume of flow, in millions of gallons B = total annual
discharge of biochemical oxygen demand, in thousands of pounds S =
total annual discharge of suspended solids, in thousands of pounds Vo,
Bo, So = Unit Charge rates adopted annually by Ordinance of
EOCWD's Board of Directors, based upon the funding requirements
of providing sewerage service, in dollars per unit as described in
Paragraph E below.
The unit charge rates in the charge for use formula shall be established
annually and shall be determined by the following method:
EOCWD 16-1 Sewer Use Ordinance
Page 42 of 87
1.
An Operations and Maintenance component of the Unit Charge for
the total annual operation and maintenance funding requirements of
the Sewerage System shall be levied at a rate to be determined from
time to time by the Board of Directors. This charge shall be allocated
among the three Wastewater charge parameters of flow, biochemical
oxygen demand and suspended solids in accordance with the General
Manager's determination as to the costs associated with each
parameter and pursuant to applicable requirements of state and
federal Regulatory Agencies.
The operation and maintenance costs as distributed to flow,
biochemical oxygen demand and suspended solids shall be divided
by the projected annual total flow volume and weights of biochemical
oxygen demand and suspended solids to be treated by the
Sewerage System in the budgeted year.
2.
A Capital Facilities Replacement component of the Unit Charge for
capital replacement and capital improvement shall be levied at a rate
to be determined from time to time by the Board of Directors. This
charge shall be allocated among the three Wastewater charge
parameters of flow, biochemical oxygen demand and suspended
solids in accordance with the General Manager's determination of
which portion of the charge predominantly relates to each parameter.
The capital facilities charge distributed to biochemical oxygen
demand and suspended solids shall be divided by the projected
annual weights of biochemical oxygen demand and suspended solids
to be treated by the Sewerage System in the budgeted year.
3.
The unit charge rates for each respective Wastewater component in (1)
and (2) above shall be summed. The Unit Charge rates so
determined will be expressed in dollars per million gallons for Vo, and in
dollars per thousand pounds for Bo and So.
Other measurements of the organic content of the Wastewater of a
Discharger, such as COD or TOC, may be used instead of BOD. However,
the Discharger must establish to the General Manager's satisfaction a
relationship between the BOD of the Wastewater and the other parameter
of measure. This relationship shall be used by EOCWD in determining the
charge for use. When Wastewater from sanitary facilities is discharged
separately from the other Wastewater of a Discharger, the charge for use
for discharging the sanitary Wastewater may be determined by using the
following:
1.
25 gallons per employee per eight-hour working day.
EOCWD 16-1 Sewer Use Ordinance
Page 43 of 87
2.
BOD and suspended solids to be calculated at domestic Wastewater
strength per employee per year.
The number of employees will be considered as the average number
of people employed full time on a daily basis. This may be
determined by averaging the number of people employed at the
beginning and end of each quarter, or other period that reflects
normal employment fluctuations.
304.
DRY WEATHER URBAN RUNOFF DISCHARGE PERMITS
No User shall discharge urban runoff directly to EOCWD’s Sewerage
System without obtaining a Dry Weather Urban Runoff Discharge Permit.
EOCWD shall determine whether the dry weather urban runoff proposed
to be discharged into EOCWD’s Sewerage System may cause a potential
environmental risk and/or health hazard that cannot be economically or
practically controlled by alternative disposal methods.
Dry Weather Urban Runoff Discharge Permits shall be subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by EOCWD.
All Users required to obtain a Dry Weather Urban Runoff Discharge Permit
proposing to discharge directly or indirectly into EOCWD’s Sewerage
Facilities shall file an application pursuant to Section 304 and pay the
applicable fees pursuant to Sections 304.3 and 304.6.
304.1 Dry Weather Urban Runoff Discharge Permit Application
An applicant shall contact EOCWD prior to any construction of facilities and
discharge of dry weather urban runoff into the Sewerage System to
determine if the discharge of dry weather urban runoff to the EOCWD’s
Sewerage Facilities is feasible.
Applicants shall complete and file with EOCWD, prior to commencing
discharge, an application in the form prescribed by EOCWD. This application
shall be accompanied by applicable fees, design plans, a detailed analysis
of other disposal alternatives, or other data as needed by EOCWD for review.
The applicant shall provide justification that disposal alternatives for the dry
weather urban runoff are not economically or practically feasible in lieu of
sewer discharge.
EOCWD 16-1 Sewer Use Ordinance
Page 44 of 87
In addition to the discharge permit, EOCWD may require that the permit
applicant enter into an agreement setting forth the terms under which the
dry weather urban runoff discharge is authorized.
Applicants shall provide adequate Pretreatment and/or Best Management
Practices included within the applicants’ plans to ensure that the applicable
discharge limits shall be met.
304.2 Dry Weather Urban Runoff Discharge Permit Condition and Limits
The issuance of a Dry Weather Urban Runoff Discharge Permit may contain any the
following conditions or limits:
Mass Emission Rates and concentration limits regulating non-compatible
Pollutants.
Requirements for the User to construct and maintain, at the User’s expense,
appropriate Pretreatment equipment, Flow Monitoring Facilities, and
devices to prevent storm water discharge into EOCWD’s Sewerage System
during a wet weather event (rain event).
Requirements for the User to provide EOCWD with its operations and
maintenance plan, best management practices, and pollution prevention
strategies designed to minimize or eliminate dry weather urban runoff
Pollutants.
Limits on rate and time of discharge or requirements for flow regulation and
equalization prior to discharge to the Sewerage System.
Requirements to self-monitor the discharge to the Sewerage System.
The General Manager may impose additional requirements as may be
appropriate to reduce the burden on EOCWD’s Sewerage Facilities.
Prohibitions on the discharge, which may cause EOCWD’s effluent,
biosolids, or any other product of its treatment process, to be unsuitable
for reclamation, reuse, or disposal.
304.3 Dry Weather Urban Runoff Discharge Permit Fee
The Dry Weather Urban Runoff Discharge Permit fee shall be paid by the applicant in an
amount established in the applicable Ordinance adopted by EOCWD’s Board of Directors.
Payment of permit fees must be received by EOCWD prior to issuance of either a new
permit or a renewed permit. Each Permittee shall also pay delinquent invoices in full prior
to permit renewal.
EOCWD 16-1 Sewer Use Ordinance
Page 45 of 87
304.4 Dry Weather Urban Runoff Discharge Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by EOCWD during the life of the permit
based on:
1.
The discharger’s current or anticipated operating data;
2.
EOCWD’s current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies, which affect
EOCWD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested changes
and the reasons for the change. EOCWD shall review the request, make
a determination on the request, and respond accordingly.
A Permittee shall be informed of any changes in the permit at least fortyfive (45) days prior to the effective date change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
304.5 Dry Weather Urban Runoff Discharge Permit Duration and Renewal
Dry Weather Urban Runoff Discharge Permit shall normally be issued for a period not to
exceed five (5) years. At least forty-five (45) days prior to the expiration of the permit, the
User shall apply for renewal of the permit in accordance with the provisions of this
Article 3.
304.6 Dry Weather Urban Runoff Discharge Permit Charge for Use
A Discharger who is issued a Dry Weather Urban Runoff Discharge Permit under the
provision of this Ordinance shall pay a charge for use in accordance with rates established
by Ordinance adopted by EOCWD’s Board of Directors.
305.
SPECIAL PURPOSE DISCHARGE PERMITS
No User requiring a Special Purpose Discharge Permit shall discharge
Wastewater without obtaining a Special Purpose Discharge Permit.
Alternatively, at the discretion of the EOCWD General Manager, EOCWD
EOCWD 16-1 Sewer Use Ordinance
Page 46 of 87
may issue a Letter to Discharge in lieu of a Special Purpose Discharge
Permit.
Special Purpose Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by EOCWD. The conditions of Special Purpose Discharge
Permits shall be enforced by EOCWD in accordance with this Ordinance
and applicable state and federal regulations.
All Special Purpose Discharge Permit Users proposing to discharge directly or
indirectly into EOCWD’s Sewerage Facilities shall obtain a Special Purpose
Discharge Permit by filing an application pursuant to Section 305 and
paying the applicable fees pursuant to Sections 305.3 and 305.6. This
discharge permit may be granted when no alternative method of disposal is
reasonably available, or to mitigate an environmental risk or health hazard.
305.1 Special Purpose Discharge Permit Application
Applicants seeking a Special Purpose Discharge Permit shall complete and
file with EOCWD, prior to commencing discharge, an application in the form
prescribed by EOCWD. This application shall be accompanied by the
applicable fees, plumbing plans, a detailed analysis of the alternatives for
water disposal, or other data as needed by EOCWD for review.
The permit application may be denied when the applicant has failed to
establish to EOCWD’s satisfaction that adequate Pretreatment equipment
is included within the applicants' plans to ensure that the discharge limits
will be met or that the applicant has, in the past, demonstrated an inability
to comply with applicable discharge limits.
305.2 Special Purpose Discharge Permit Conditions and Limits
Discharge conditions and limits shall be no less stringent than Section
201(A), General Prohibitions; 201(B), Specific Prohibitions; Section 213,
Mass Emission Rate Determination; and Table 1, Local Discharge Limits.
Monitoring requirements for the discharge shall be for those non-compatible
Pollutants known to exist in the discharge. At least one set of baseline
analysis prior to or upon sewer discharge may be required for all
constituents contained in the most current Environmental Protection
Agency (EPA) "Priority Pollutant" list, excluding asbestos, as listed in
Appendix A of 40 CFR 423, or as subsequently amended.
EOCWD may specify and make part of each Special Purpose Discharge
Permit specific Pretreatment Requirements or other terms and conditions
EOCWD 16-1 Sewer Use Ordinance
Page 47 of 87
determined by the General Manager to be appropriate to protect EOCWD’s
Sewerage Facilities, the Local Sewering Agency, to comply with Regulatory
Agencies' requirements, to ensure compliance with this Ordinance, and to
assess a charge for use.
305.3 Special Purpose Discharge Permit Fee
The special purpose discharge permit fee shall be paid by the applicant in an amount
adopted by Ordinance of the Board of Directors. Payment of permit fees must be received
by EOCWD prior to issuance of either a new permit or a renewed permit. Each Permittee
shall also pay delinquent invoices in full prior to permit renewal.
305.4 Special Purpose Discharge Permit Modification of Terms and Conditions
The terms and conditions of an issued permit may be subject to modification
and change in the sole determination by EOCWD during the life of the permit
based on:
1.
The Discharger's current or anticipated operating data;
2.
EOCWD's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
EOCWD; or
4.
A determination by the General Manager that such modification is
appropriate to further the objectives of this Ordinance.
A Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. EOCWD shall review the request, make
a determination on the request, and respond in writing.
A Permittee shall be informed of any changes in the permit at least forty five
(45) days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for
compliance.
305.5 Special Purpose Discharge Permit Duration and Renewal
Special purpose discharge permits shall normally be issued for a period not to exceed
five (5) years, but may be renewed as determined by the General Manager. Users
seeking permit renewal shall comply with all provisions of this Article 3.
EOCWD 16-1 Sewer Use Ordinance
Page 48 of 87
305.6 Special Purpose Discharge Permit Charge for Use
The General Manager shall establish a charge for use to cover all costs of EOCWD
for providing sewerage service and monitoring. A deposit determined by the General
Manager to be sufficient to pay the estimated charges for use shall accompany the
Special Purpose Discharge Permit application, and said deposit shall be applied to the
charges for use.
306.
OUT OF DISTRICT PERMITS/DISCHARGERS
Industrial Wastewater Discharge Permits for Dischargers located outside
EOCWD's boundaries but within the EOCWD service area and tributary
to EOCWD’s Sewerage Facilities, may be issued by a Local Sewering
Agency after approval by EOCWD. EOCWD shall have the right of
inspection and sampling of the User's discharge to determine compliance
with Industrial Wastewater discharge regulations. Such inspection and
sampling will be performed under a coordinated plan developed with the
Local Sewering Agency. The more stringent of the industrial Wastewater
discharge regulations and effluent limits of EOCWD and the local agency
shall apply to the Discharger.
Pursuant to Article 6 herein, EOCWD shall have the right to enforce the
Federal Regulations, the provisions of this Ordinance, and permit conditions
and limits applicable to any User located outside of EOCWD's service area,
but whose discharge is tributary to EOCWD’s Sewerage Facilities.
The fees for use shall be determined by EOCWD and set forth in a use
agreement with the Local Sewering Agency.
The requirements for a liquid wastehauler program may be established by
a local sewering agency after obtaining written permission from EOCWD.
ARTICLE 4. FACILITIES REQUIREMENTS
401.
DRAWING SUBMITTAL REQUIREMENTS
Upon request by EOCWD:
Applicants or Users may be required to submit three copies of detailed
facility plans. The submittal shall be in a form and content acceptable to
EOCWD for review of existing or proposed Pretreatment facilities, spill
containment facilities, monitoring facilities, metering facilities, and operating
procedures. The review of the plans and procedures shall in no way relieve
the User of the responsibility of modifying the facilities or procedures in the
EOCWD 16-1 Sewer Use Ordinance
Page 49 of 87
future, as necessary to produce a discharge acceptable to EOCWD, and
to meet the requirements of this Ordinance or any requirements of
other Regulatory Agencies.
The drawing shall depict as a minimum the manufacturing process
(Wastewater generating sources), spill containment, monitoring or metering
facilities, and Pretreatment facilities.
The applicant or User shall submit a schematic drawing of the Pretreatment
facilities, piping and instrumentation diagram, and Wastewater
characterization report.
Users and applicants may also be required to submit for review site plans,
floor plans, mechanical and plumbing plans, and details to show all sewers,
spill containment, clarifiers, and appurtenances by size, location, and
elevation for evaluation.
EOCWD may require the drawings be prepared by a California Registered
Chemical, Mechanical, or Civil Engineer.
Permittees shall be required to submit updated detailed facility plans.
402.
PRETREATMENT FACILITIES
All Users shall provide Wastewater treatment as necessary to comply with
this ordinance and shall achieve compliance with all Categorical
Pretreatment Standards, Table 1, Local Discharge Limits, and the
prohibitions set out in Sections 201 (A) & (B) of this Ordinance within the
time limitations specified by EPA, the state, or EOCWD, whichever is more
stringent. Any facilities necessary for compliance shall be provided,
operated by a qualified operator, and maintained in proper operating
condition at the User’s expense.
All Users may also be required by EOCWD to submit Wastewater analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation of the Pretreatment facilities and compliance with
permit limits and this Ordinance.
No User shall increase the use of water or in any other manner attempt to
dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Ordinance and the User's Permit.
EOCWD 16-1 Sewer Use Ordinance
Page 50 of 87
403.
SPILL CONTAINMENT FACILITIES/ACCIDENTAL SLUG CONTROL PLANS
All Users shall provide spill containment for protection against discharge of
prohibited Pollutants, materials or other Wastewaters regulated by this
Ordinance. Such protection shall be designed to secure the discharges and
to prevent them from entering into the Sewerage System in accordance with
reasonable engineering standards. Such facilities shall be provided and
maintained at the User's expense.
The General Manager shall require any Significant Industrial User to
develop and implement an accidental discharge/slug control plan. EOCWD
may evaluate whether each Industrial User needs such a plan. Any User
required to develop and implement an accidental discharge/control slug
plan shall submit a plan which addresses, at a minimum, the following:
404.
1.
Description of discharge practices, including non-routine batch
discharges.
2.
Description of stored chemicals.
3.
Procedures for immediately notifying EOCWD of any accidental of
slug discharge. Such notification must also be given for any
discharge which would violate any of the prohibited discharges in
Article 2 of this Ordinance.
4.
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or
equipment, measures for containing toxic organic Pollutants
(including solvents), and measures and equipment for emergency
response.
MONITORING/METERING FACILITIES
All Wastewater samples must be representative of the User’s discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a User to keep its monitoring
facility in good working order shall not be grounds for the User to claim that sample results
are unrepresentative of its discharge.
EOCWD may require the User to construct and maintain in proper operating
condition at the User's sole expense, flow monitoring, constituent
monitoring and/or sampling facilities.
EOCWD 16-1 Sewer Use Ordinance
Page 51 of 87
Permittees may be required to install and maintain an appropriate effluent
flow monitoring device. Calibration of such flow monitoring device shall be
done annually or as specified in the Wastewater discharge permit.
The monitoring or metering facilities may be required to include a security
closure that can be locked with an EOCWD provided hasp lock during
sampling or upon termination of service.
The location of the monitoring or metering facilities shall be subject to
approval by EOCWD.
The User shall provide immediate, clear, safe and uninterrupted access to
EOCWD to the User's monitoring and metering facilities.
For all industries permitted by EOCWD, domestic Wastewaters shall be
kept segregated from all Industrial Wastewaters until the Industrial
Wastewaters have passed through any required Pretreatment system or
device and the Permittee’s sample point.
405.
WASTE MINIMIZATION REQUIREMENTS
As required by a User’s permit, the User shall provide waste minimization
plans to reduce or eliminate Pollutant discharge to the Sewerage System
and conserve water. The User shall investigate product substitution,
housekeeping practices, provide inventory control, implement employee
education, and other steps as necessary to minimize Wastewater produced.
Upon approval by EOCWD, a User may certify that their facility does
not discharge any type of Wastewater containing Pollutants that may directly
or indirectly discharge into EOCWD’s Sewerage System as a form of
Best Management Practice (BMP).
ARTICLE 5. MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
501.
MONITORING AND REPORTING CONDITIONS
Monitoring for Annual Charge for Use
The Wastewater constituents and characteristics of a Discharger needed
for determining the annual charge for use shall be submitted in the form of
self-monitoring reports by the User to EOCWD, if requested. The frequency
of analyses and reporting shall be set forth in the User's permit. The
analyses of these constituents and characteristics shall be by a laboratory
EOCWD 16-1 Sewer Use Ordinance
Page 52 of 87
acceptable to EOCWD, and at the sole expense of the Permittee. Analyses
performed by EOCWD's personnel may be used in the determination of
the annual charge for use.
Monitoring for
Requirements
Compliance
with
Permit
Conditions
or
Reporting
EOCWD may require reports for self-monitoring of Wastewater constituents
and characteristics of the Discharger needed for determining compliance
with any limit or requirements as specified in the User's permit, federal or
state regulations, or this Ordinance. The federal Pretreatment regulations
at 40 CFR 403.12(g)(3) and (4) contain requirements for collecting samples
such as requiring that sampling must be representative of conditions
occurring during the reporting period and that grab samples must be
collected for certain parameters. These reports include:
1.
Baseline Monitoring Reports.
a)
Within either one hundred eighty (180) days after the effective
date of a categorical Pretreatment Standard, or the final
administrative decision on a category determination under 40 CFR
403.6(a)(4), whichever is later, existing Significant Industrial Users
subject to categorical Pretreatment
Standard(s) currently
discharging to or scheduled to discharge to EOCWD shall submit
to the General Manager a report which contains the information
listed in paragraph b), below. At least ninety (90) days prior to
commencement of their discharge, New Sources, and sources that
become Significant Industrial Users subsequent to the promulgation
of an applicable categorical Standard, shall submit to the General
Manager a report which contains the information listed in
paragraph c), below. A New Source shall report the method of
Pretreatment it intends to use to meet applicable categorical
Pretreatment Standards. A New Source also shall give estimates of
its anticipated flow and quantity of Pollutants to be discharged.
b)
Users described above shall submit the information set forth
below.
(1)
All information required in Section ARTICLE 23
including requirements in 40 CFR 403.12(b)(1)-(7).
(2)
Measurement of Pollutants.
a) The User shall provide the following information.
EOCWD 16-1 Sewer Use Ordinance
Page 53 of 87
1)
The categorical Pretreatment Standards
applicable to each regulated process and any
new categorically regulated processes for
Existing Sources.
2)
The results of sampling and analysis
identifying the nature and concentration,
and/or mass, where required by the
Standard or by the General Manager, of
regulated Pollutants in the discharge from
each regulated process.
3)
Instantaneous, Daily Maximum, and longterm average concentrations or mass, where
required, shall be reported.
4)
The sample shall be representative of daily
operations and shall be analyzed in
accordance with procedures set out in
Section 501.2 of this Ordinance. Where the
Standard requires compliance with a BMP or
pollution prevention alternative, the User
shall submit documentation as required by
the General Manager or the applicable
Standards to determine compliance with the
Standard.
5)
Sampling must be performed in accordance
with procedures set out in Section 602 of
this Ordinance.
b)
The User shall take a minimum of one
representative sample to compile that data
necessary to comply with the requirements of this
paragraph.
c)
Samples should be taken immediately
downstream from Pretreatment facilities if such
exist or immediately downstream from the
regulated process if no Pretreatment exists. If
other Wastewaters are mixed with the regulated
Wastewater prior to Pretreatment the User should
measure the flows and concentrations necessary
to allow use of the Combined Wastestream
Formula in 40 CFR 403.6(e) to evaluate
EOCWD 16-1 Sewer Use Ordinance
Page 54 of 87
compliance with the Pretreatment Standards.
Where an alternate concentration or mass limit has
been calculated in accordance with 40 CFR
403.6(e) this adjusted limit along with supporting
data shall be submitted to EOCWD;
d)
Sampling and analysis shall be performed
in accordance with this Ordinance;
e)
The General Manager may allow the
submission of a baseline report which utilizes only
historical data so long as the data provides
information sufficient to determine the need for
industrial Pretreatment measures;
f)
The baseline report shall indicate the time,
date and place of sampling and methods of
analysis, and shall certify that such sampling and
analysis is representative of normal work cycles
and expected Pollutant discharges to EOCWD.
(3)
(4)
Compliance Certification. A statement, reviewed by the
User’s Authorized Representative as defined in this
Ordinance and certified by a qualified professional,
indicating whether Pretreatment Standards are being met
on a consistent basis, and, if not, whether additional
operation and maintenance (O&M) and/or additional
Pretreatment is required to meet the Pretreatment
Standards and Requirements.
Compliance Schedule. If additional Pretreatment and/or
O&M will be required to meet the Pretreatment Standards,
the shortest schedule by which the User will provide such
additional Pretreatment and/or O&M must be provided.
The completion date in this schedule shall not be later than
the compliance date established for the applicable
Pretreatment Standard. A compliance schedule pursuant
to this Section must meet the requirements set forth in
this Ordinance.
(5)
Signature and Report Certification. All baseline monitoring
reports must be certified in accordance with this Ordinance
and signed by an Authorized Representative.
EOCWD 16-1 Sewer Use Ordinance
Page 55 of 87
2.
Compliance Schedule Progress Reports.
The following conditions shall apply to the compliance schedule
required by this Ordinance:
3.
a)
The schedule shall contain progress increments in the form of
dates for the commencement and completion of major events
leading to the construction and operation of additional
Pretreatment required for the User to meet the applicable
Pretreatment Standards (such events include, but are not
limited to, hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting
routine operation);
b)
No increment referred to above shall exceed nine (9) months;
c)
The User shall submit a progress report to the General Manager
no later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a
minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps
being taken by the User to return to the established schedule;
and
d)
In no event shall more than nine (9) months elapse between such
progress reports to the General Manager.
90-Day Compliance Reports.
Within ninety (90) days following the date for final compliance with
applicable categorical Pretreatment Standards, or in the case of a New
Source following commencement of the introduction of Wastewater
into EOCWD, any User subject to such Pretreatment Standards and
Pretreatment Requirements shall submit to the General Manager a
report containing the information described in this Ordinance. For Users
subject to equivalent mass or concentration limits, this report shall
contain a reasonable measure of the User’s long-term production rate.
For all other Users subject to categorical Pretreatment Standards
expressed in terms of allowable Pollutant discharge per unit of
production (or other measure of operation), this report shall include
the User’s actual production during the appropriate sampling period.
All compliance reports must be signed and certified in accordance
EOCWD 16-1 Sewer Use Ordinance
Page 56 of 87
with this Ordinance. All sampling will be done in conformance with
Section 602.
4.
5.
Periodic Compliance Reports.
a)
Except as otherwise specified in this Ordinance, all Significant
Industrial Users must, at a frequency determined by the General
Manager, submit no less than twice per year on dates specified by
EOCWD/OCSD reports indicating the nature, concentration of
Pollutants in the discharge which are limited by Pretreatment
Standards and the measured or estimated average and
maximum daily flows for the reporting period. In cases where the
Pretreatment Standard requires compliance with a Best
Management Practice (BMP) or pollution prevention alternative,
the User must submit documentation required by the General
Manager or the Pretreatment Standard necessary to determine
the compliance status of the User including documentation
associated with Best Management Practices.
b)
EOCWD will meet reporting requirements as specified by 40
CFR Part 3 (Cross-Media Electronic Reporting). Therefore,
Users that send electronic (digital) documents to EOCWD to
satisfy the requirements of this Section must register for the
system online and submit a signed Subscriber Agreement to
EOCWD for review and approval.
Notification of the Discharge of Hazardous Waste.
a) Any User who commences the discharge of hazardous waste
shall notify EOCWD, the EPA Regional Waste Management
Division Director, and state hazardous waste authorities, in
writing, of any discharge into EOCWD of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261. The User shall receive written approval from the
EOCWD to discharge hazardous waste. Such notification must
include the name of the hazardous waste as set forth in 40 CFR
Part 261, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other). If the User discharges
more than one hundred (100) kilograms of such waste per
calendar month to EOCWD, the notification also shall contain the
following information to the extent such information is known
and readily available to the User: an identification of the
hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the
wastestream discharged during that calendar month, and an
EOCWD 16-1 Sewer Use Ordinance
Page 57 of 87
estimation of the mass of constituents in the wastestream
expected to be discharged during the following twelve (12)
months. All notifications must take place no later than one
hundred and eighty (180) days after the discharge commences.
Any notification under this paragraph need be submitted only
once for each hazardous waste discharged. However,
notifications of changed conditions must be submitted under
subdivision 6 below. The notification requirement in this Section
does not apply to Pollutants already reported by Users subject to
categorical Pretreatment Standards under the self-monitoring
requirements of this Ordinance.
b)
Dischargers are exempt from the requirements of paragraph (a),
above, during a calendar month in which they discharge no more
than fifteen (15) kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e). Discharge of more than fifteen (15)
kilograms of non-acute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in 40
CFR 261.30(d) and 261.33(e), requires a one-time notification.
Subsequent months during which the User discharges more
than such quantities of any hazardous waste do not require
additional notification.
c)
In the case of any new regulations under section 3001 of
RCRA identifying additional characteristics of hazardous waste
or listing any additional substance as a hazardous waste, the
User must notify the General Manager, the EPA Regional Waste
Management Waste Division Director, and state hazardous
waste authorities of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
d)
In the case of any notification made under this Section, the User
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
e)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this Ordinance, a
permit issued thereunder, or any applicable federal or state
law.
EOCWD 16-1 Sewer Use Ordinance
Page 58 of 87
6.
Reports of Changed Conditions
Each User must notify the General Manager of any significant changes
to the User’s operations or system which might alter the nature, quality,
or volume of its Wastewater in advance of the change. The notification
must be made promptly, but normally within 30 days. In certain cases,
this period may be longer.
7.
a)
The General Manager may require the User to submit such
information as may be deemed necessary to evaluate the
changed condition, including the submission of a Wastewater
discharge permit application under this Ordinance.
b)
The General Manager may issue a Wastewater discharge
permit under this Ordinance or modify an existing Wastewater
discharge permit under this ordinance in response to changed
conditions or anticipated changed conditions.
Reports of Potential Problems
a)
In the case of any discharge, including, but not limited to,
accidental discharges, discharges of a non-routine, episodic
nature, a non-customary batch discharge, a Slug Discharge or
Slug Load, that might cause potential problems for EOCWD, the
User shall follow the notification procedures under Notification
of Spill or Slug Loading in Article 5. This notification shall also
include the location of the discharge, type of Wastewater,
concentration and volume, if known, and corrective actions taken
by the User.
b) Within five (5) days following such discharge, the User shall,
unless waived by the General Manager, submit a detailed
written report. This written notification shall include, but not be
limited to, the date of the incident, the reasons for the discharge
or spill, what steps were taken to immediately correct the
problem, and what steps are being taken to prevent the problem
from recurring.
c)
Such notification shall not relieve the User of any expense, loss,
damage, or other liability which might be incurred as a result of
damage or loss to EOCWD, natural resources, or any other
damage to person or property; nor shall such notification relieve
the User of any fees, fines, penalties, or other liability which may
be imposed pursuant to this Ordinance or other applicable law.
EOCWD 16-1 Sewer Use Ordinance
Page 59 of 87
8.
d)
A notice shall be permanently posted on the User’s bulletin
board or other prominent place advising employees who to call
in the event of a discharge described in paragraph a, above.
Employers shall ensure that all employees, who could cause such
a discharge to occur, are advised of the emergency notification
procedure.
e)
Significant Industrial Users are required to notify the General
Manager immediately of any changes at its facility affecting the
potential for a Slug Discharge.
Reports from Unpermitted Users
All Users not required to obtain a Wastewater discharge permit shall
provide appropriate reports to the General Manager as the General
Manager may require.
9.
Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must
notify the General Manager within twenty-four (24) hours of becoming
aware of the violation. The User shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the General
Manager within thirty (30) days after becoming aware of the violation.
Resampling by the User is not required if EOCWD performs sampling
at the User’s facility at least once a month, or if EOCWD performs
sampling at the User’s facility between the time when the initial
sampling was conducted and the time when the User or EOCWD
receives the results of this sampling, or if EOCWD has performed
the sampling and analysis in lieu of the User.
10.
Other reports as required by EOCWD.
a)
Monitoring reports of the analyses of Wastewater
constituents and characteristics shall be in a manner and
form approved by EOCWD and/or OCSD and shall be
submitted upon request of EOCWD and/or OCSD. When
applicable, the self-monitoring requirement and frequency of
reporting may be set forth in the User's permit as directed by
EOCWD. The analyses of Wastewater constituents and
characteristics and the preparation of the monitoring report
shall be done at the sole expense of the User.
b)
Failure by the User to perform any required monitoring, or to
submit monitoring reports required by EOCWD constitutes
EOCWD 16-1 Sewer Use Ordinance
Page 60 of 87
a violation of this Ordinance, may result in determining
whether the Permittee is in significant non-compliance, and
be cause for EOCWD to initiate all necessary tasks and
analyses to determine the Wastewater constituents and
characteristics for compliance with any limits and
requirements specified in the User's permit or in this
Ordinance. The User shall be responsible for any and all
expenses of EOCWD in undertaking such monitoring
analyses and preparation of reports.
501.1 Inspection and Sampling Conditions
EOCWD may inspect and sample the Wastewater generating and disposal
facilities of any User to ascertain whether the intent of this Ordinance is
being met and the User is complying with all requirements.
EOCWD shall have the right to place on the User's property or other locations
as determined by EOCWD, such devices as are necessary to conduct
sampling or metering operations. Other sampling locations may include
downstream manholes, usually in the Sewerage System, for the purpose of
determining the compliance status of an industrial or commercial
Discharger.
EOCWD may require the User to install and maintain sample points in areas
acceptable to EOCWD and/or OCSD outside the User’s facility, within the
reasonable control of the User or EOCWD. EOCWD and/or OCSD may also
require lockable sample boxes fully containing the sample points. The
User shall grant EOCWD access to the sample points and sample boxes
in accordance with this Ordinance.
In order for EOCWD to determine the Wastewater characteristics of the
Discharger for purposes of determining the annual use charge and for
compliance with permit requirements, the User shall make available for
inspection and copying by EOCWD all notices, self-monitoring reports,
Waste-Tracking Forms, and records including, but not limited to, those
related to production, Wastewater generation, Wastewater disposal, and
those required in the Pretreatment Requirements without restriction but
subject to the confidentiality provision set forth in Section 103 herein. All
such records shall be kept by the User a minimum of three (3) years.
If a Discharger falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method, the Discharger may be
subject to imposition of penalties, permit suspension or permit revocation.
EOCWD 16-1 Sewer Use Ordinance
Page 61 of 87
501.2 Analytical Requirements
All Pollutant analyses, including sampling techniques, to be submitted as part of a
Wastewater discharge permit application or report shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise
specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does
not contain sampling or analytical techniques for the Pollutant in question, or where the
EPA determines that the Part 136 sampling and analytical techniques are inappropriate
for the Pollutant in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical procedures, including
EPA-approved procedures or procedures approved by the General Manager.
501.3 Right of Entry
Persons or occupants of premises where Wastewater is created or
discharged shall allow EOCWD, or its representatives, reasonable access
to all parts of the Wastewater generating and disposal facilities for the
purposes of inspection and sampling during all times the Discharger's
facility is open, operating, or any other reasonable time. No Person shall
interfere with, delay, resist or refuse entrance to authorized EOCWD
personnel attempting to inspect any facility involved directly or indirectly with
a discharge of Wastewater to EOCWD’s Sewerage System.
Where a User has security measures in place, the User shall make
necessary arrangements so that personnel from EOCWD shall be permitted
to enter without delay for the purpose of performing their specific
responsibilities.
501.4 Notification of Spill or Slug Loading
In the event the Discharger is unable to comply with any permit condition
due to a breakdown of equipment, accidents, or human error, or the
Discharger has reasonable opportunity to know that a discharge will exceed
the discharge provisions of the User's permit, Sections 201(A) & (B) or
Table 1, Local Discharge Limits, the Discharger shall immediately notify
EOCWD by telephone. If the Wastewater or material discharged to the sewer
has the potential to cause or result in a fire or explosion hazard, the
Discharger shall immediately notify the local fire department and EOCWD.
Also see Reports of Potential Problems in this Article.
501.5 Bypass Prohibition; Notification of Bypass
Bypass of Industrial Wastewater to the Sewerage System is prohibited.
EOCWD may take enforcement action against the User, unless:
EOCWD 16-1 Sewer Use Ordinance
Page 62 of 87
1.
Bypass was unavoidable because it was done to prevent loss of life,
personal injury, or severe property damage;
2.
There were no feasible alternatives to the Bypass, such as the use
of auxiliary treatment facilities, retention of untreated Wastes,
elective slow-down or shut-down of production units or maintenance
during periods of production downtime. This condition is not satisfied
if adequate backup equipment could have been feasibly installed in
the exercise of reasonable engineering judgment to prevent a
Bypass which occurred during normal periods of equipment
downtime or preventative maintenance; and
3.
The Permittee submitted notices as required under Section 501.4(A).
If a Permittee knows in advance of the need for a Bypass, it shall submit a
written request to allow the Bypass to EOCWD, if possible, at least ten (10)
days before the date of the Bypass.
EOCWD may approve an anticipated Bypass at its sole discretion after
considering its adverse effects, and EOCWD determines that the conditions
listed in Section 501.5(A)(1-3) are met.
A Permittee shall provide telephone notification to EOCWD of an
unanticipated Bypass that exceeds its permitted discharge limits within four
hours from the time the Permittee becomes aware of the Bypass. A written
report shall also be provided within five (5) days of the time the Permittee
becomes aware or could reasonably have been aware of the Bypass. The
report shall contain a description of the Bypass and its cause; the duration
of the Bypass, including exact dates and times, and, if the Bypass has not
been corrected, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent recurrence of the
Bypass. Failure to comply with the oral notice or written report may be
grounds for permit revocation.
ARTICLE 6. ENFORCEMENT
601.
PURPOSE AND SCOPE
The Board finds that in order for EOCWD to comply with the laws, regulations,
and rules imposed upon it by Regulatory Agencies and to ensure that
EOCWD’s Sewerage Facilities and treatment processes are protected and
are able to operate with the highest degree of efficiency, and to protect the
public health and environment, specific enforcement provisions must be
adopted to govern the discharges to EOCWD’s Sewerage System by
Permittees or by facilities required to obtain Zero Discharge Certifications.
EOCWD 16-1 Sewer Use Ordinance
Page 63 of 87
Certain violations may result in civil or criminal penalties for violation of
Pretreatment Standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
To ensure that all interested parties are afforded due process of law and
that non-compliance and violations are resolved as soon as possible, the
general policy of EOCWD is that:
1.
2.
Any determination relating to a Zero Discharge Certification,
Probation Order, Enforcement Compliance Schedule Agreement
(ECSA), or Regulatory Compliance Schedule Agreement (RCSA)
will be made by the Division Head of the EOCWD Pretreatment
Program, with a right of appeal by the Permittee to the General
Manager pursuant to the procedures set forth in Section 618.
Any permit suspension or revocation recommended by the Division
Head responsible for the EOCWD Pretreatment Program will be
heard and a recommendation made to the General Manager by an
EOCWD Department Head or other person designated by the
General Manager.
3.
Actions and decisions by the Division Head or Department Head are
made pursuant to a delegation of authority by the General Manager
as authorized by Section 107 of this Ordinance.
4.
The Board of Directors may adopt rules of procedure to establish the
conduct of certain administrative proceedings.
EOCWD, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in this Article 6 in response to any permit
or Ordinance violation.
602.
DETERMINATION OF NON COMPLIANCE WITH DISCHARGE LIMITS
Sampling Procedures
1.
Sampling of all Permittees’ facilities, Wastewater and discharges
shall be conducted in the time, place, manner, and frequency
determined at the sole discretion of EOCWD.
2.
Non-compliance with Mass Emission Rate limits, concentration
limits, permit discharge conditions, or any discharge provision of this
Ordinance may be determined by an analysis of a grab or composite
sample of the effluent of a User. Non-compliance with Mass
Emission Rate limits shall be determined by an analysis of a
EOCWD 16-1 Sewer Use Ordinance
Page 64 of 87
composite sample of the User's effluent, except that a grab sample
may be used to determine compliance with Mass Emission Rate
limits when the discharge is from a closed (batch) treatment system
in which there is no Wastewater flow into the system when the
discharge is occurring, the volume of Wastewater contained in the
batch system is known, the time interval of discharge is known, and
the grab sample is homogeneous and representative of the
discharge.
603.
3.
All Wastewater samples must be representative of the User’s
discharge. Any sample taken from a sample point is considered to
be representative of the discharge to the public sewer.
4.
Wastewater monitoring and flow measurement facilities shall be
properly operated, kept clean, and maintained in good working order
at all times. The failure of a User to keep its monitoring facility in good
working order shall not be grounds for the User to claim that sample
results are unrepresentative of its discharge.
5.
If a User subject to the reporting requirement in this section monitors
any regulated Pollutant at the appropriate sampling location more
frequently than required by the General Manager, using the
procedures prescribed in this Ordinance, the results of this
monitoring shall be included in the report.
ENFORCEMENT PROCEDURES AND APPLICABLE FEES
Self-Monitoring Requirements as a Result of Non-Compliance
1.
If analysis of any sample obtained by EOCWD or by a Permittee
shows non-compliance with the applicable Wastewater discharge
limits set forth in this Ordinance or in the Permittee's discharge
permit, EOCWD may impose self-monitoring requirements on the
Permittee.
2.
A Permittee shall perform required self-monitoring of constituents in
a frequency, at the specific location, and in a manner directed by
EOCWD.
3.
All analyses of self-monitoring samples shall be performed by an
independent laboratory acceptable to EOCWD and submitted to
EOCWD in the form and frequency determined by EOCWD.
4.
All self-monitoring costs shall be borne by the Permittee.
EOCWD 16-1 Sewer Use Ordinance
Page 65 of 87
5.
Nothing in this section shall be deemed to limit the authority of EOCWD
to impose self-monitoring as a permit condition.
Purpose of Non-Compliance Resampling Fees
The purpose of the non-compliance resampling fee is to compensate EOCWD
for costs of additional sampling, monitoring, laboratory analysis, treatment,
disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any penalties as may
be assessed pursuant to Sections 616 and 617.
Non Compliance Resampling Fees for Composite Samples
1.
Each violation of a Permittee's permit limit or condition is a violation of
this Ordinance.
a)
If analysis of any composite sample of a Permittee's discharge
obtained by EOCWD shows a major violation by the Permittee of
the Mass Emission Rates or concentration limits specified in the
Permittee's discharge permit or in this Ordinance, then the
Permittee shall pay non-compliance resampling fees to EOCWD
pursuant to fee schedules adopted by EOCWD's Board of
Directors.
b)
If analysis of any composite sample of a Permittee's discharge
obtained by EOCWD shows a minor violation by the Permittee of
the Mass Emission Rates or concentration limits specified in the
Permittee's discharge permit or in this Ordinance, then EOCWD
shall impose non-compliance resampling fees pursuant to fee
schedules adopted by EOCWD's Board of Directors.
2.
The fees specified in subsection 603.C.1.a), C.1.b) and D
herein shall be imposed for each date on which EOCWD conducts
sampling as a result of a violation by a Permittee.
Non-Compliance Resampling Fees for Grab Samples and Self-Monitoring
Results
1.
If analysis of any grab sample of a Permittee's discharge shows noncompliance with any concentration limits as set forth in the User's
permit or in this Ordinance, EOCWD may impose non-compliance
resampling fees, pursuant to fee schedules adopted by the EOCWD
Board of Directors, for resampling conducted by EOCWD as a result
of a violation by the Permittee.
EOCWD 16-1 Sewer Use Ordinance
Page 66 of 87
2.
If any self-monitoring analysis of a Permittee's discharge shows noncompliance with any concentration limits or Mass Emission Rates as
set forth in the User's permit or in this Ordinance, EOCWD may
impose non-compliance resampling fees, pursuant to fee schedules
adopted by the EOCWD Board of Directors, for sampling conducted
by EOCWD as a result of a violation by the Permittee.
603.1 Probation Order
Grounds
In the event the Division Head determines that a Permittee has violated any
provision of this Ordinance, or the terms, conditions and limits of its
discharge permit, or has not made payment of all amounts owed to EOCWD
for User charges, non-compliance resampling fees or any other fees, the
General Manager may issue a Probation Order, whereby the Permittee
must comply with all directives, conditions and requirements therein within
the time prescribed.
Provisions
The issuance of a Probation Order may contain terms and conditions
including, but not limited to, installation of Pretreatment equipment and
facilities, requirements for self-monitoring, submittal of drawings or
technical reports, operator certification, audit of Waste minimization
practices, payment of fees, limits on rate and time of discharge, or other
provisions to ensure compliance with this Ordinance.
Probation Order - Expiration
A Probation Order issued by the General Manager shall be in effect for a
period not to exceed ninety (90) days.
603.2 Enforcement Compliance Schedule Agreement (ECSA)
Grounds
Upon determination that a Permittee is in non-compliance with the terms,
conditions or limits specified in its permit or any provision of this Ordinance,
and needs to construct and/or acquire and install equipment related to
Pretreatment, the General Manager may require the Permittee to enter into
an ECSA which will, upon the effective date of the ECSA, amend the
Permittee's permit. The ECSA shall contain terms and conditions by which a
Permittee must operate during its term and shall provide specific dates for
EOCWD 16-1 Sewer Use Ordinance
Page 67 of 87
achieving compliance with each term and condition for construction and/or
acquisition and installation of required equipment related to Pretreatment.
Provisions
The issuance of an ECSA may contain terms and conditions including but
not limited to requirements for self-monitoring, installation of Pretreatment
equipment and facilities, submittal of drawings or reports, operator
certification, audit of Waste minimization practices, payment of fees, limits
on rate and time of discharge, deposit of performance guarantee, interim
limits, or other provisions to ensure compliance with this Ordinance.
ECSA - Payment of Amounts Owed
EOCWD shall not enter into an ECSA until such time as all amounts owed to
EOCWD, including User fees, non-compliance resampling fees, deposits, or
other amounts due are paid in full, or an agreement for deferred payment
secured by collateral or a third party, is approved by the General Manager.
Failure to pay all amounts owed to EOCWD shall be grounds for permit
suspension or permit revocation as set forth in Section 605 and 606.
ECSA - Permit Suspension/Revocation
If compliance is not achieved in accordance with the terms and conditions
of an ECSA during its term, the General Manager may issue an order
suspending or revoking the discharge permit pursuant to Section 605 or 606
of this Ordinance.
604.
REGULATORY COMPLIANCE SCHEDULE AGREEMENT (RCSA)
Grounds
If at any time subsequent to the issuance of a Wastewater Discharge Permit
to an Industrial User, Federal Categorical Pretreatment Standards are
adopted or revised by the United States Environmental Protection Agency,
EOCWD 16-1 Sewer Use Ordinance
Page 68 of 87
or in the event EOCWD enacts revised or new discharge limits, the
General Manager, upon determination that an Industrial User would not be
in compliance with the adopted revised or new limits, may require the
industrial User to enter into a RCSA with EOCWD under terms and
conditions that would provide for achieving compliance with all new
standards by the industrial User on a specific date. The RCSA shall have
a maximum term of two hundred-seventy (270) days. The General
Manager may approve a longer term, upon a showing of good cause.
Provisions
The issuance of a RCSA may contain terms and conditions including but
not limited to requirements for installation of Pretreatment equipment and
facilities, submittal of drawings or reports, waste minimization practices or
other provisions to ensure compliance with this Ordinance.
RCSA - Non-Compliance Resampling Fee
During the period a RCSA is in effect, any discharge by Permittee in
violation of the RCSA will require payment of non-compliance resampling
fees in accordance with this Article 6.
605.
PERMIT SUSPENSION
Grounds
The General Manager may suspend any permit when it is determined that
a Permittee:
1.
Fails to comply with the terms and conditions of either an ECSA or
RCSA.
2.
Knowingly provides a false statement, representation, record, report,
or other document to EOCWD.
3.
Refuses to provide records, reports, plans, or other documents
required by EOCWD to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
4.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5.
Fails to report significant changes in operations or Wastewater
constituents and characteristics.
EOCWD 16-1 Sewer Use Ordinance
Page 69 of 87
6.
Violates a Probation Order.
7.
Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
8.
Does not make timely payment of all amounts owed to EOCWD
for User charges, non-compliance sampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9.
Violates any condition or limit of its discharge permit or any provision
of EOCWD's Ordinances or regulations.
Notice/Hearing
When the General Manager has reason to believe that grounds exist for
permit suspension, he shall give written notice thereof via personal delivery,
mail with proof of delivery, or a similar method to the permittee setting forth
a statement of the facts and grounds deemed to exist, together with the time
and place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15) calendar days
nor more than forty-five (45) calendar days after the mailing of such notice.
1.
At the suspension hearing, the Permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by EOCWD's General Counsel.
2.
After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days after the conclusion of the hearing setting forth a brief
statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation.
Upon receipt of the written report, the General Manager shall make
his determination and should he/she find that grounds exist for
suspension of the permit, he/she shall issue his/her decision and
order in writing within twenty (20) calendar days. The written
decision and order of the General Manager shall be sent via
personal delivery, mail with proof of delivery, or a similar method to
the Permittee or its legal counsel/representative at the Permittee's
business address.
EOCWD 16-1 Sewer Use Ordinance
Page 70 of 87
Effect
1.
606.
Upon issuance, an order of permit suspension issued by the General
Manager shall be final in all respects.
2.
The permittee shall immediately cease and desist its discharge of
any Wastewater, directly or indirectly to EOCWD’s Sewerage
System for the duration of the suspension. All costs for physically
terminating and reinstating service shall be paid by the Permittee.
3.
Any owner and responsible management employee of the Permittee
shall be bound by the order of suspension.
PERMIT REVOCATION
Grounds
The General Manager may revoke any permit when it is determined that a
Permittee:
1.
Knowingly provides a false statement, representation, record, report,
or other document to EOCWD.
2.
Refuses to provide records, reports, plans, or other documents
required by EOCWD to determine permit terms, conditions, or
limits, discharge compliance, or compliance with this Ordinance.
3.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4.
Fails to report significant changes in operations or Wastewater
constituents and characteristics.
5.
Fails to comply with the terms and conditions of an ECSA, permit
suspension, or probation order.
6.
Discharges effluent to EOCWD’s Sewerage System while its permit
is suspended.
7.
Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
EOCWD 16-1 Sewer Use Ordinance
Page 71 of 87
8.
Does not make timely payment of all amounts owed to EOCWD
for User charges, non-compliance resampling fees, permit fees, or
any other fees imposed pursuant to this Ordinance.
9.
Causes interference with EOCWD’ and/or OCSD’s collection,
treatment, or disposal system.
10.
Fails to submit oral notice or written report of a Bypass occurrence.
11.
Violates any condition or limit of its discharge permit or any provision
of EOCWD's Ordinances or regulations.
Notice/Hearing
When the General Manager has reason to believe that grounds exist for the
revocation of a permit, he/she shall give written notice via personal delivery, mail
with proof of delivery, or a similar method thereof to the Permittee setting
forth a statement of the facts and grounds deemed to exist together with the
time and place where the charges shall be heard by the General Manager's
designee. The hearing date shall be not less than fifteen (15) calendar days
nor more than forty five (45) calendar days after the mailing of such notice.
1.
At the hearing, the Permittee shall have an opportunity to respond to the
allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted in accordance
with the procedures established by the General Manager and
approved by EOCWD's General Counsel.
2.
After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions, and a
recommendation.
3.
Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
permanent revocation of the permit, he/she shall issue his/her decision
and order in writing within twenty (20) calendar days. The written
decision and order of the General Manager shall be sent via personal
delivery, mail with proof of delivery, or a similar method to the Permittee
or its legal counsel/representative at the Permittee's business address.
4.
In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but not
EOCWD 16-1 Sewer Use Ordinance
Page 72 of 87
limited to, a temporary suspension of the permit, under terms and
conditions that he/she deems appropriate.
Effect
607.
1.
Upon issuance, an order of permit revocation issued by the General
Manager shall be final in all respects.
2.
The Permittee shall immediately cease and desist its discharge of
any Wastewater directly or indirectly to EOCWD’s Sewerage System.
All costs for physical termination shall be paid by the Permittee.
3.
Any owner or Authorized Representative of the Permittee shall be
bound by the order of revocation.
4.
Any future application for a permit at any location within EOCWD by
any Person subject to an order of revocation will be considered by
EOCWD after fully reviewing the records of the revoked permit, which
records may be the basis for denial of a new permit.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
Any User who discharges any Wastewater which causes or contributes to
any obstruction, interference, damage, or any other impairment to
EOCWD’s and/or OCSD’s Sewerage Facilities or to the operation of those
facilities shall be liable for all costs required to clean or repair the facilities
together with expenses incurred by EOCWD to resume normal
operations. Such discharge shall be grounds for permit revocation. A
service charge of twenty five percent (25%) of EOCWD costs shall be
added to the costs and charges to reimburse EOCWD for miscellaneous
overhead, including administrative personnel and record keeping. The total
amount shall be payable within forty five (45) days of invoicing by EOCWD.
Any User who discharges a Wastewater which causes or contributes to
EOCWD violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering losses or
damage to the facilities, shall be liable for any costs or expenses
incurred by EOCWD, including regulatory fines, penalties, and
assessments made by other agencies or a court.
608.
INDUSTRIAL WASTEWATER PASS THROUGH
Any User whose discharge results in a Pass Through event affecting EOCWD;s
and/or or OCSD’s Sewerage Facilities shall be liable for all costs associated with
EOCWD 16-1 Sewer Use Ordinance
Page 73 of 87
the event, including treatment costs, regulatory fines, penalties, assessments, and other
indirect costs. The Discharger shall submit to EOCWD plans to prevent future
recurrences to the satisfaction of EOCWD.
609.
PUBLICATION OF VIOLATION
Upon a determination in a permit suspension, permit revocation, or civil penalty
proceedings that a User has discharged in violation of its permit or any provision under
this Ordinance, EOCWD may require that the User notify the public and/or other Users
of the EOCWD’s Sewerage Facilities of such violation, of actions taken to correct
such violation, and of any administrative or judicial orders or penalties imposed as a
result of such violation.
610.
PUBLISHED NOTICES FOR SIGNIFICANT NON-COMPLIANCE
In accordance with Federal Regulations, EOCWD shall annually cause to be published
the names of all Industrial Users in significant non-compliance. Upon a minimum of a
thirty (30) day notification to the User, said publication shall be made in a newspaper(s)
of general circulation that provides meaningful public notice within the jurisdiction(s)
served by EOCWD.
611.
PUBLIC NUISANCE
Discharge of Wastewater in any manner in violation of this Ordinance or of any order
issued by the General Manager, as authorized by this Ordinance, is hereby declared a
public nuisance and shall be corrected or abated as directed by the General Manager.
Any Person creating a public nuisance is guilty of a misdemeanor.
612.
TERMINATION OF SERVICE
EOCWD, by order of the General Manager, may physically terminate
sewerage service to any property as follows:
1.
On a term of any order of emergency suspension or revocation of a
permit; or
2.
Upon the failure of a Person not holding a valid discharge permit to
immediately cease discharge, whether direct or indirect, to
EOCWD’s Sewerage Facilities; or
3.
Upon the failure of a facility not holding a valid discharge permit or
certification.
EOCWD 16-1 Sewer Use Ordinance
Page 74 of 87
All costs for physical termination shall be paid by the User as well as all
costs for reinstating service.
613.
EMERGENCY SUSPENSION ORDER
EOCWD may, by order of the General Manager, suspend sewerage
service or Wastehauler discharge service when the General Manager
determines that such suspension is necessary in order to stop an actual
or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the
environment, or may cause interference to the EOCWD’s Sewerage
Facilities, or may cause EOCWD to violate any state or federal law or
regulation. Any Discharger notified of and subject to an Emergency
Suspension Order shall immediately cease and desist the discharge of all
Industrial Wastewater to the Sewerage System.
As soon as reasonably practicable following the issuance of an Emergency
Suspension Order, but in no event more than five (5) days following the
issuance of such order, the General Manager shall hold a hearing to provide
the User the opportunity to present information in opposition to the issuance
of the Emergency Suspension Order. Such a hearing shall not stay the
effect of the Emergency Suspension Order. The hearing shall be conducted
in accordance with procedures established by the General Manager and
approved by the EOCWD General Counsel. The General Manager shall
issue a written decision and order within two (2) business days following
the hearing, which decision shall be sent via personal delivery, mail with
proof of delivery, or a similar method to the User or its legal
counsel/representative at that User's business address. The decision of the
General Manager following the hearing shall be final in all respects.
614.
INJUNCTION
Whenever a Discharger of Wastewater is in violation of or has the reasonable potential
to violate any provision of this Ordinance, permit condition, or any Federal Categorical
Pretreatment Standards or Pretreatment Requirements as set forth in 40 CFR Section
403.8, et seq., fails to submit required reports, or refuses to allow EOCWD entry to inspect
or monitor the User's discharge, EOCWD may petition the Superior Court for the
issuance of a preliminary or permanent injunction, or both, as may be appropriate to
restrain the continued violation or to prevent threatened violations by the Discharger.
615.
CIVIL PENALTIES
Authority
EOCWD 16-1 Sewer Use Ordinance
Page 75 of 87
All Users of EOCWD’s Sewerage System and facilities are subject to
enforcement actions administratively or judicially by EOCWD, U.S. EPA,
State of California Regional Water Quality Control Board, or the County of
Orange District Attorney. Said actions may be taken pursuant to the
authority and provisions of several laws, including but not limited to: (1)
Federal Water Pollution Control Act, commonly known as the Clean Water
Act (33 U.S.C.A. Section 1251, et seq.); (2) California Porter-Cologne Water
Quality Control Act (California Water Code Section 13000, et seq.); (3)
California Hazardous Waste Control Law (California Health & Safety Code
Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of
1976 (42 U.S.C.A Section 6901, et seq.); and (5) California Government
Code, Sections 54739-54740.
Recovery of Fines or Penalties
In the event EOCWD is subject to the payment of fines or penalties pursuant
to the legal authority and actions of other Regulatory Agencies or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by EOCWD, as caused by the
discharge of any User of EOCWD’s Sewerage System which is in violation
of any provision of this Ordinance or the User's permit, EOCWD shall be
entitled to recover from the User all costs and expenses, including, but not
limited to, the full amount of said fines or penalties to which EOCWD
has been subjected.
Ordinance
Pursuant to the authority of California Government Code Sections 54739 54740, any Person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for
each day in which such violation occurs. Pursuant to the authority of the
Clean Water Act, 33 U.S.C. Section 1251, et seq., any Person who violates
any provision of this Ordinance, or any permit condition, prohibition, or
effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per
violation for each day in which such violation occurs. The General Counsel
of EOCWD, upon order of the General Manager, shall petition the Superior
Court to impose, assess, and recover such penalties, or such other
penalties as EOCWD may impose, assess, and recover pursuant to federal
and/or state legislative authorization.
Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
EOCWD 16-1 Sewer Use Ordinance
Page 76 of 87
54740.5 and 54740.6, EOCWD may issue an administrative complaint
to any Person who violates:
a)
any provision of this Ordinance;
b)
any permit condition, prohibition,
certification requirement; or
c)
any suspension or revocation order.
or effluent limit, or
2. The administrative complaint shall be served via personal delivery, mail
with proof of delivery, or a similar method on the Person and shall
inform the Person that a hearing will be conducted, and shall specify
a hearing date within sixty (60) days. The administrative complaint
will allege the act or failure to act that constitutes the violation of
EOCWD requirements, the provisions of law authorizing civil liability
to be imposed, and the proposed civil penalty. The matter shall be
heard by the General Manager’s designee. The Person to whom an
administrative complaint has been issued may waive the right to a
hearing, in which case a hearing will not be conducted.
3. At the hearing, the Person shall have an opportunity to respond to the
allegations set forth in the administrative complaint by presenting written
or oral evidence. The hearing shall be conducted in accordance with
the procedures established by the General Manager and approved
by EOCWD’s General Counsel.
4. After the conclusion of the hearing, the General Manager's designee
shall submit a written report to the General Manager within thirty (30)
calendar days setting forth a brief statement of the facts found to be
true, a determination of the issues presented, conclusions, and a
recommendation.
5. Upon receipt of the written report, the General Manager shall make
his/her determination and should he/she find that grounds exist for
assessment of a civil penalty against the Person, he/she shall issue
his/her decision and order in writing within twenty (20) calendar days.
6. If, after the hearing or appeal, if any, it is found that the Person has
violated reporting or discharge requirements, the General Manager
may assess a civil penalty against that Person. In determining the
amount of the civil penalty, the General Manager may take into
consideration all relevant circumstances, including but not limited to the
extent of harm caused by the violation, the economic benefit derived
through any non-compliance, the nature and persistence of the
EOCWD 16-1 Sewer Use Ordinance
Page 77 of 87
violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the Person involved.
7. Civil penalties may be assessed as follows:
a)
In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
technical, monitoring reports, or any other required documents;
b)
In an amount which shall not exceed three thousand dollars
($3,000.00) for each day for failing or refusing to timely comply
with any compliance schedules established by EOCWD;
c)
In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in violation of
any Wastewater discharge limit, permit condition, or
requirement issued, reissued, or adopted by EOCWD;
d)
In any amount which does not exceed ten dollars ($10.00) per
gallon for discharges in violation of any suspension, revocation,
cease and desist order or other orders, or prohibition issued,
reissued, or adopted by EOCWD;
8. Any Person aggrieved by an order issued by the General Manager
assessing administrative civil penalties may, within fifteen (15) days
after the General Manager issues the order, file an appeal with the
Board of Directors. The evidence on appeal shall consist solely of the
General Manager’s order and the administrative record before the
hearing officer. The Governing Board shall determine whether to
uphold, modify, or reverse the General Manager’s order. The decision
of the Governing Board shall be set forth in writing and be sent by
certified mail to the appellant. The decision of the Board of Directors
shall be final in all respects. If no appeal of the General Manager’s
decision is filed within fifteen (15) days of its issuance, the General
Manager’s order becomes final in all respects.
9.
Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service or
by registered mail to the Person at his business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10. Any Person aggrieved by a final decision issued by the Governing
Board, may obtain review in the superior court, pursuant to
Government Code Section 54740.6, by filing in the court a petition for
EOCWD 16-1 Sewer Use Ordinance
Page 78 of 87
writ of mandate within thirty (30) days following the service of a copy
of the Governing Board decision.
11. Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final. The
amount of any administrative civil penalties imposed which have
remained delinquent for a period of sixty (60) days shall constitute a
lien against the real property of the Discharger from which the
discharge resulting in the imposition of the civil penalty originated.
The lien shall have no effect until recorded with the county recorder.
EOCWD may record the lien for any unpaid administrative civil
penalties on the ninety-first (91st) day following the date the order
becomes final.
12. No administrative civil penalties shall be recoverable under Section
616.D for any violation for which EOCWD has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
616.
CRIMINAL PENALTIES
Any Person who violates any provision of this Ordinance is guilty of a misdemeanor, which
upon conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not
more than thirty (30) days, or both. Each violation and each day in which a violation
occurs may constitute a new and separate violation of this Ordinance and shall be subject
to the penalties contained herein.
617.
APPEALS TO GENERAL MANAGER
General
Any User, permit applicant, or Permittee affected by any decision, action or
determination made by the Division Head may file with the General
Manager a written request for an appeal hearing. The request must be
received by EOCWD within fifteen (15) days of mailing of notice of
the decision, action, or determination of EOCWD to the appellant. The
request for hearing shall set forth in detail all facts supporting the
appellant's request. Filing of an appeal shall stay the proceedings and
furtherance of the action being appealed
Notice
The General Manager shall, within fifteen (15) days of receiving the request
for appeal, and pursuant to Section 107, designate a Department Head or
EOCWD 16-1 Sewer Use Ordinance
Page 79 of 87
other person to hear the appeal and provide written notice to the appellant
of the hearing date, time and place via personal delivery, mail with proof of
delivery, or a similar method. The hearing date shall not be more than thirty
(30) days from the delivery date of such notice to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within said
time due to actions or inactions of the appellant, then the staff decision shall
be deemed final.
Hearing
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the Division Head's decision,
action or determination. The hearing shall be conducted in accordance with
procedures established by the General Manager and approved by
EOCWD's General Counsel.
Written Determination
After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting forth
a brief statement of facts found to be true, a determination of the issues
presented, conclusions, and a recommendation whether to uphold, modify
or reverse the Division Head's original decision, action or determination.
Upon receipt of the written report, the General Manager shall make his/her
determination and shall issue his/her decision and order within thirty (30)
calendar days of the hearing by his/her designee. Upon issuance, the order
of the General Manager shall be final in all respects. The written decision
and order of the General Manager shall be sent via personal delivery, mail
with proof of delivery, or a similar method to the appellant or its legal
counsel/representative at the appellant's business address.
618.
PAYMENT OF CHARGES
Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty five (45) days after date of
invoice.
Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1.
Forty six (46) days after date of invoice, a basic penalty of ten percent
(10%) of the base invoice amount, not to exceed a maximum of
$1,000.00; and
EOCWD 16-1 Sewer Use Ordinance
Page 80 of 87
2.
A penalty of one and one-half percent (1.5%) per month of the base
invoice amount and basic penalty shall accrue from and after the
forty-sixth (46th) day after date of invoice.
Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate suspension of the permit.
Penalties charged under this Section shall not accrue to those invoices
successfully appealed.
Payment of disputed charges is still required by the due date during
EOCWD review of any appeal submitted by Permittees.
619.
COLLECTION OF DELINQUENT ACCOUNTS
Collection of delinquent accounts shall be in accordance with EOCWD's policy resolution
establishing procedures for collection of delinquent obligations owed to EOCWD, as
amended from time to time by the Board of Directors. Any such action for collection may
include an application for an injunction to prevent repeated and recurring violations of this
Ordinance.
620.
APPEAL OF CHARGES AND FEES
Except for non-compliance charges and penalties, any User, permit applicant, or
Permittee affected by any decision, action, or determination by EOCWD, relating to fiscal
issues of EOCWD in which the User, applicant, or Permittee is located, including but
not limited to the imposition and collection of fees, such as capital facility capacity
charges, sewer use charges, special purpose discharge use charges and Wastehauler
fees, may request that EOCWD reconsider imposition of such fees or charges.
Following review of such a request, EOCWD shall notify the User, permit applicant, or
Permittee via personal delivery mail with proof of delivery, or a similar method of
EOCWD’s decision on the reconsideration request. Any User, permit applicant, or
Permittee adversely affected by EOCWD’s decision on the reconsideration request may
file an appeal which shall be heard by the Board of Directors. The notice of appeal must
be received by EOCWD within thirty (30) days of the mailing of EOCWD’s decision on
the reconsideration request.
622. RECOVERY OF COSTS INCURRED BY EOCWD
In the event any User, permit applicant, or permittee fails to comply with any of the terms
and conditions of this Ordinance, a probationary order, an order of permit suspension or
revocation, an ECSA, a RCSA, a certification, or a permit issued hereunder, EOCWD
shall be entitled to reasonable attorney's fees and costs which may be incurred in
EOCWD 16-1 Sewer Use Ordinance
Page 81 of 87
order to enforce any of said terms and conditions, with or without filing proceedings in
court.
623. FINANCIAL SECURITY/AMENDMENTS TO PERMIT
Compliance Deposit
Permittees that have been subject to enforcement and/or collection
proceedings may be required to deposit with EOCWD an amount determined
by the General Manager as necessary to guarantee payment to EOCWD
of all charges, fees, penalties, costs and expenses that may be incurred in
the future, before permission is granted for further discharge to the sewer.
Delinquent Accounts
EOCWD may require an amendment to the permit of any Permittee who fails
to make payment in full of all fees and charges assessed by EOCWD,
including reconciliation amounts, delinquency penalties, and other costs or
fees incurred by Permittee.
Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging
its financial debts or obligations or seeking court ordered, protection from
its creditors, shall, within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its permit.
Permit Amendments
EOCWD shall review and examine Permittee's account to determine whether
previously incurred fees and charges have been paid in accordance with
time requirements prescribed by this Ordinance. EOCWD may thereafter
issue an amendment to the User's permit in accordance with the provisions
of Article 3 and subsection E below.
Security
An amendment to a Wastewater discharge permit issued pursuant to
subdivisions (B), (C) and (D) above, may be conditioned upon the Permittee
depositing financial security in an amount equal to the average total fees
and charges for two (2) calendar quarters during the preceding year. Said
deposit shall be used to guarantee payment of all fees and charges incurred
for future services and facilities furnished by EOCWD and shall not be used
by EOCWD to recover outstanding fees and charges incurred prior to the
EOCWD 16-1 Sewer Use Ordinance
Page 82 of 87
Permittee filing and receiving protection from creditors in the United States
Bankruptcy Court.
Return of Security
In the event the Permittee makes payment in full within the time prescribed
by this Ordinance of all fees and charges incurred over a period of two (2)
years following the issuance of an amendment to the permit pursuant to
subdivisions (B), (C) and (D), EOCWD shall either return the security deposit
posted by the Permittee or credit their account.
624.
JUDICIAL REVIEW
Purpose and Effect
Pursuant to Section 1094.6 of the California Code of Civil Procedure, EOCWD
hereby enacts this part to limit to ninety (90) days following final decisions
in adjudicatory administrative hearings the time within which an action can
be brought to review such decisions by means of administrative mandamus.
Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1.
Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking, suspending,
or denying an application for a permit.
2.
Complete Record shall mean and include the transcript, if any exists,
of the proceedings, all pleadings, all notices and orders, any
proposed decision by the General Manager, the final decision, all
admitted exhibits, all rejected exhibits in the possession of EOCWD
or its offices or agents, all written evidence, and any other papers in
the case.
3.
Party shall mean a Person whose permit has been denied,
suspended, or revoked.
Time Limit for Judicial Review
Judicial review of any decision of EOCWD or its officer or agent may be made
pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition
for writ of mandate is filed not later than the ninetieth (90th) day following
the date on which the decision becomes final. If there is no provision for
EOCWD 16-1 Sewer Use Ordinance
Page 83 of 87
reconsideration in the procedures governing the proceedings or if the date
is not otherwise specified, the decision is final on the date it is made. If
there is provision for reconsideration, the decision is final upon the
expiration of the period during which such reconsideration can be sought;
provided that if reconsideration is sought pursuant to such provision the
decision is final for the purposes of this Section on the date that
reconsideration is rejected.
Preparation of the Record
The complete record of the proceedings shall be prepared by the EOCWD
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. EOCWD may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
Extension
If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on which
the record is either personally delivered or mailed to the petitioner or the
petitioner's attorney of record.
Notice
In making a final decision, EOCWD shall provide notice to the party that
the time within which judicial review must be sought is governed by
Section 1094.6 of the Code of Civil Procedure.
Administrative Civil Penalties
Notwithstanding the provisions in this Section, and pursuant to Government
Code Section 54740.6, judicial review of an order of the General Manager
imposing administrative civil penalties pursuant to Section 616.D may be
made only if the petition for writ of mandate is filed not later than the thirtieth
(30th) day following the day on which the order of the General Manager
becomes final.
ARTICLE 7. SEWER SERVICE CHARGES – CAPITAL FACILITY CAPACITY
CHARGES
EOCWD 16-1 Sewer Use Ordinance
Page 84 of 87
701.
SANITARY SEWER SERVICE CHARGE
Every parcel of real property located within EOCWD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the EOCWD’s
Sewerage System, shall pay a sanitary sewer service charge in an amount adopted by
the Board of Directors by separate Ordinance.
702.
CAPITAL FACILITIES CAPACITY CHARGE
Every parcel of real property located within EOCWD which is improved with structures
designed for residential, commercial, or industrial use, and connected to the EOCWD’s
Sewerage System, shall pay a capital facilities capacity charge in an amount adopted by
the Board of Directors by separate Ordinance.
ARTICLE 8. SEVERABILITY
801.
SEVERABILITY
If any provision of these Regulations or the application to any circumstances is held
invalid, the remainder of the regulations or the application of such provision to other
persons or other circumstances shall not be affected.
802.
GENERAL APPLICATION
The provisions of this Ordinance shall apply to all properties within EOCWD including
those properties otherwise deemed exempt from payment of taxes or assessments by
provisions of the state Constitution or statute, including properties owned by other public
agencies or tax-exempt organizations.
Section I I :
This Ordinance is enacted in order to preserve the public health and
safety, and in order to continue the provision of sewer services by
EOCWD. The facts requiring the public health and safety to be
preserved are that the regulation of the discharge of industrial and
sanitary Sewage is regulated by federal and state law, and protection of
individuals' health and the environment require that no discharges of
untreated Sewage/Wastewater are allowed to occur that are not in
accord with technical specifications and requirements.
Section IIl:
Effective Date. Water Code section 31105 authorizes the District to
adopt ordinances relating to the provision of sewer services and
facilities, and the regulation of those services, and such ordinance
may be in full force and effect immediately upon adoption. U p o n
a d o p t i o n t his Ordinance shall take effect August 1, 2016 .
EOCWD 16-1 Sewer Use Ordinance
Page 85 of 87
Section IV:
The Secretary 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 the Board of Directors of the East Orange County Water
District at a Regular Meeting held the 21st day of July, 2016.
President, Board of Directors
East Orange County W ate r District
ATTEST:
Secretary
East Orange County Water District
EOCWD 16-1 Sewer Use Ordinance
Page 86 of 87
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, ___________, Secretary to the Board of Directors of the East Orange County
Water District, do hereby certify that the above and foregoing Ordinance No. 16-1
was introduced for first reading at a regular meeting of said Board on the 21st day of
July, 2016, and passed and adopted at a regular meeting of said Board on the 21st
day of July, 2016, by the following vote, to wit:
AYES:
NOES:
ABSTENTION:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of East Orange County Water District this 21st day of July, 2016.
Secretary to the Board of Directors
East Orange County Water District
2679290.1
OCSD-48-96
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1 – LOCAL SANITARY SEWER SERVICE
CHARGES
DATE:
JULY 21, 2016
BACKGROUND
As part of the sewer transfer, the District is required to adopt the sewer services charges that were
approved as part of the LAFCO approval process.
At their May 25th Board Meeting, the Orange County Sanitation District Board of Directors adopted
Resolution 16-09 (attached), which implemented the 50% sewer fee reduction approved at the May 11th
LAFCO meeting; this was done in anticipation of the successful transfer of Service Area 7 to EOCWD,
and so that the reduced fees would get to the Orange County Treasurer/Tax Collector in time to be
processed on the upcoming property tax bills.
This Resolution (which amends OCSD Ordinance No. 43 – attached) sets the Annual Local Sewer
Service Charge at $108 per Single Family Residence and $75.60 per Multi-Family Residence; Industrial
and Commercial fees are similarly reduced as they are based upon a percentage of the (now reduced)
Single Family Residence Charge.
Additionally, OCSD Ordinance 43 is augmented by OCSD Ordinance 46 (attached) which contains
provisions for requesting prorated refund of the sewer fee in the event a property owner sells the
property before the end of the tax year.
Similar to the Waste Discharge Ordinance, it is our intention to retain in full force and effect in
Improvement District No. 1, OCSD Ordinances No. 43 and No. 46, and Resolution 16-09 until EOCWD
adopts our own proposed Ordinance 16-2 (attached).
FINANCIAL IMPACT
The sewer services fees set in Resolution 16-09 reflect a 50% reduction in fee revenue for
Improvement District 1, from approximately $5.6 million to approximately $2.8 million annually.
RECOMMENDATION
The Board declare their intention to retain in full force and effect, in improvement District No.1 of
the District, Orange County Sanitation District Ordinance No. 43 and No. 46, and OCSD Resolution No.
16-09 establishing local sanitary sewer services charges and Table B property use classifications, as
amended from time to time, until such time as they are adopted by the EOCWD Board.
ORDINANCE NO. OCSD-43
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT AMENDING ORDINANCE NO.
OCSD-38 TO EXTEND THE STATED EFFECTIVE PERIOD OF
THE EXISTING LOCAL SANITARY SEWER SERVICE CHARGES
FOR CUSTOMERS RECEIVING LOCAL SANITARY SEWER
SERVICE IN FORMER REVENUE AREA 7.
ADOPTING REVISED TABLE A EXTENDING STATED
EFFECTIVE PERIOD OF EXISTING LOCAL SANITARY SEWER
SERVICE CHARGES AND REVISED TABLE B PROPERTY USE
CLASSIFICATIONS
WHEREAS, The former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7,
11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were
nine individual County Sanitation Districts, organized as separate "Revenue
Areas" representing distinct geographic regions pursuant to the County
Sanitation District Act (California Health & Safety Code Section 4700 et seq.).
Revenue Area 7 included unincorporated areas of Orange County and a portion
of the City of Tustin; and
WHEREAS, By action of the Board of Directors of the Predecessor
Districts, pursuant to specific legislation enacted by the California State
Legislature in 1996, an application was submitted to the Orange County Local
Agency Formation Commission to legally consolidate the nine Predecessor
Districts into one single Sanitation District for all purposes. The application was
approved, with an effective date of July 1, 1998; and
WHEREAS, As of July 1, 1998, the Predecessor Districts ceased to exist,
and one single consolidated County Sanitation District, known as the Orange
County Sanitation District ("District"), came into existence in place of the
Predecessor Districts. The District was formed to carry on the functions of the
Predecessor Districts; and
WHEREAS, The core function of the District is to operate a regional
network of trunk sewers that delivers wastewater generated within its jurisdiction
to the District's treatment and disposal facilities; and
WHEREAS, the District charges an annual regional sewer service charge
to its customers; and
WHEREAS, The District has maintained the local sewers of approximately
18,000 parcels located in former Revenue Area 7; and
OCSD-43-1
WHEREAS, The District, as part of its maintenance and updating of its
Master Plan, undertook a comprehensive evaluation and study of its operational
and financial needs for the next 20 years, including: a detailed assessment of all
types and categories of users; the demands on the system and capacity needs of
the system to provide necessary service to the multiple categories of users; the
total costs of the existing and future facilities in the system; and alternate
methodologies for establishing fair and equitable charges to connect to and gain
access to the system. These comprehensive planning, engineering, and financial
studies led to the development of an updated Comprehensive 20-year Master
Plan of Capital Facilities, entitled "1999 Strategic Plan" ("Master Plan"); and
WHEREAS, The Master Plan, setting forth and identifying the required
future development of District Facilities, including financial projections for
providing sewer service to all properties within the District's service area, was
approved and adopted by the Board of Directors on October 27, 1999 by OCSD
Resolution No. 99-21, with updates adopted in 2002 and 2006, following a
noticed public hearing, and in compliance with the provisions of the California
Constitution and all other applicable laws; and
WHEREAS, Pursuant to Health and Safety Code section 5471, the Board
of Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals
or other charges for services and facilities furnished by the District in connection
with its sewerage system; and
WHEREAS, On June 25, 2008, the Board of Directors of the District
adopted Ordinance No. OCSD-38, establishing local sanitary sewer service
charges for customers receiving local sanitary sewer service in former Revenue
Area 7 in order to allow the District to recover the reasonable costs to provide
local sanitary sewer service to individual properties within former Revenue Area
?;and
WHEREAS, the stated effective period of the local sanitary sewer service
charges will expire at the end of fiscal year 2012-2013; and
WHEREAS, On January 23, 2013, the Board of Directors was presented
with and has reviewed the District's Wastewater Revenue and Rate Study dated
January 2013 prepared by Carollo Engineers, on file with the District, which
independently found that increases in the local sanitary sewer service charges
are appropriate and reasonable based on an evaluation of the District's revenue
needs, projected reserve balances and user rate structure; and
WHEREAS, The District has decided not to increase local sanitary sewer
service charges at this time; however, for purposes of ensuring that the District
has sufficient revenues and reserves to meet the District's obligations and
operations of the local sewer facilities in former Revenue Area 7, it is the intent,
by the adoption of this Ordinance, to extend the stated effective period of the
OCSD-43-2
fiscal year 2012-2013 local sanitary sewer service charges identified in Table A
of Ordinance No. OCSD-38 and to update the property use classifications
identified in Table B; and
WHEREAS, Section 21080(b)(8) of the Public Resources Code states that
"the establishment, modification, structuring, or approval of rates, tolls, fares, or
other charges by public agencies which the public agency finds are for the
purpose of (A) meeting operating expenses, including employee wage rates and
fringe benefits, (B) purchasing or leasing supplies, equipment, or materials, (C)
meeting financial reserve needs and requirements, (D) obtaining funds for capital
projects necessary to maintain service within existing service areas, or (E)
obtaining funds necessary to maintain those intracity transfers as are authorized
by city charter" is not subject to CEQA; and
WHEREAS, Section 15273(a) of the California Code of Regulations states
that "CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, or other charges by public
agencies which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits, (2)
Purchasing or leasing supplies equipment, or materials, (3) Meeting financial
reserve needs and requirements, (4) Obtaining funds for capital projects,
necessary to maintain service within existing service areas, or (5) Obtaining
funds necessary to maintain such intra-city transfers as are authorized by city
charter"; and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors is authorized to elect to have the proposed local sanitary
sewer service charges collected on the tax roll in the same manner, by the same
persons, and at the same time as, together with and not separately from, its
general taxes; and
WHEREAS, pursuant to Health and Safety Code section 5473.1, on May
6, 2013, and again on May 13, 2013, Notice of the Public Hearing regarding the
proposed local sanitary sewer service charges and the election to have such
charges collected on the tax role, which included the date, time and location of
the hearing, was published in The Orange County Register, a newspaper of
general circulation within the District published in the county where the District is
located; and
WHEREAS, on Wednesday, May 22, 2013 at 6:30 P.M., in the District's
Boardroom on the first floor of its Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, the District held a properly noticed public
hearing in order to receive and consider comments, including objections,
concerning the proposed extension of the stated effective period of the local
sanitary sewer service charges and the election to have such charges collected
on the tax roll; and
OCSD-43-3
WHEREAS, the Board of Directors has carefully reviewed the Wastewater
Revenue and Rate Study dated January 2013, and has considered the public
and Board comments, and the oral and written presentation by the District's staff
and consultants made at the May 22, 2013 public hearing, as well as any written
public comments.
NOW, THEREFORE, the Board of Directors of the Orange County
Sanitation District does hereby ORDAIN:
Section I.
Findings. Based upon substantial evidence presented to
the Board of Directors, the Board of Directors of District hereby adopts the
following Findings supporting the extension of the existing fees adopted pursuant
to this Ordinance. The Board of Directors hereby finds:
A.
That the extension of the effective period of the local sanitary
sewer service charges as identified in Table A herein is appropriate and ensures
adequate revenues to finance the acquisition, construction, reconstruction,
maintenance, and operation of the local sewer system facilities of the District,
and to retire any necessary or prudent debt incurred to finance such
improvements in a reasonable manner and over a reasonable period of time.
B.
That the revenues derived under the provisions of this
Ordinance will be used for (i) the acquisition, construction, reconstruction,
maintenance, and operation of the local sanitary sewer system facilities of the
District, (ii) to repay principal and interest on debt instruments, and (iii) to repay
federal and state loans issued for the construction and reconstruction of said
sewerage facilities, together with costs of administration and provisions for
necessary reserves.
C.
That the local sanitary sewer service charges established by
this Ordinance are reasonably related to, and do not exceed the funds required
to provide the property-related sewer services, and shall herein be levied on
each parcel to allow the District to recover the reasonable costs to provide a
service to individual properties which have been improved for different types of
uses.
D.
That the basis for the respective charge is not based on
potential or future use, but rather, is based upon the request of the owner of
property or a structure thereon, for the benefit of him/her/itself, or the occupants
of the property, to receive a service for actual use, consumption, and disposal of
water to the District's system in lieu of disposal by other means.
E.
That the revenues derived from the local sanitary sewer
service charges shall not be used for any purpose other than that for which the
charge is imposed.
OCSD-43-4
F.
That the local sanitary sewer service charges established by
this Ordinance are not imposed as a condition of approval of a development
project, as defined in California Government Code Section 66001, and do not
exceed the proportional cost of the sewer service attributable to the parcel for
which the fee is levied, as provided in California Constitution Article XlllD,
Section 6(b).
G.
That the local sanitary sewer service charges established
herein are an extension of existing fees, and are not a new or increased fee or
charge. Therefore, the procedural requirements of California Constitution Article
XlllD, section 6(a) do not apply.
H.
That the local sanitary sewer service charges adopted herein
will not result in an expansion of facilities to provide for growth within or outside
the existing service area. The adoption of these local sanitary sewer service
charges will not result in any specific project, nor result in a direct physical
change in the environment.
I.
That the Board of Directors is adopting the local sanitary
sewer service charges herein to (i) meet operating expenses, (ii) purchase or
lease supplies, equipment, or materials, (iii) meet financial reserve needs and
requirements, and (iv) obtain funds for capital projects necessary to maintain
Therefore, the Board finds and
service within former Revenue Area 7.
determines, based upon substantial evidence, that the establishment of the local
sanitary sewer service charges are statutorily exempt from CEQA, pursuant to
Section 21080(b)(8) of the Public Resources Code and Section 15273(a) of the
California Code of Regulations.
J.
That all fees and charges established herein have been
approved by the District's Board of Directors at a noticed public meeting, all in
accordance with applicable provisions of law.
Section II.
Amendments.
A
Section 2.02 of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"Section 2.02. Annual Local Sewer Service Charge.
Commencing with the effective date of this Ordinance, the
owner of each parcel of real property located within the local
sewer service area operated and maintained by the District
which is improved with structures designed for residential,
commercial, or industrial use and which, at the request of the
owner or the owner's predecessor-in-interest, is connected to
OCSD-43-5
the District's system, shall pay an annual Local Sewer Service
Charge based on the respective class of users, in the sum or
sums, as set forth in Tables A and B of this Ordinance, below.
The annual Local Sewer Service Charges for residential users
are set forth in Table A. The last Local Sewer Service Charge
identified for fiscal year 2012-13 in Table A shall be extended
and shall remain in effect for each fiscal year thereafter unless
otherwise amended by the Board of Directors The applicable
single family residential rate shown in Table A is multiplied by
the applicable percentage figure shown on Table B with respect
to the particular use classification to arrive at the annual Local
Sewer Service Charge rate per 1,000 square feet for the
commercial or industrial user. The annual Local Sewer Service
Charges for commercial or industrial users are dependent upon
the respective classifications of property use, determined by
reference to Table B."
B.
Table A of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
"TABLE A
ANNUAL LOCAL SEWER SERVICE CHARGES
RESIDENTIAL USERS
YEAR
2008-09
2009-10
2010-11
2011-12
2012-13**
SFR*
MFR
$199.00
$139.30
$204.00
$142.80
$208.00
$145.60
$212.00
$148.40
$216.00
$151.20
SFR =SINGLE FAMILY RESIDENTIAL
MFR= MULTl FAMILY RESIDENTIAL
* The SFR fee is the minimum local sewer service charge any user must pay.
**The charges identified for 2012-13 shall continue and remain in effect for each
fiscal year thereafter unless otherwise amended by the Board of Directors."
C.
Table B of Ordinance No. OCSD-38 is hereby deleted,
effective June 30, 2013, in its entirety and replaced, effective July 1, 2013, with
the following:
OCSD-43-6
TABLE B
ANNUAL LOCAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Assessor Use Code
1
5
6
8
121
122
124
125
126
201
666
777
112
113
58
100
110
111
115
116
44
71
72
33
94
95
96
97
74
225
107
108
109
114
Percentage of SFR
Description
Per 1,000 SF or Unit
0%
VACANT LAND PARCEL
0%
COMMON AREA PARCEL
0%
"HOLD" PARCEL
0%
EQUIV TO VACANT
0%
PARCEL OF MINIMAL OR NO VALUE
0%
SUBSURFACE PARCELS
0%
OIUMINERAL RIGHTS
0%
MINERAL RIGHTS EQUIPMENT
VACANT COMMON AREA-IMP ALLOC
0%
0%
HOME OWNERS EXEMPTION ADD'N
0%
UNASSIGNED VACANT
0%
SEPTIC TANK PROPERTY
5%
STEEL BUILDING
5%
MINI-WAREHOUSE
9%
NURSERIES (PLANTS)
9%
DRIVE-IN THEATER
11%
WAREHOUSE - SINGLE TENANT
11%
WAREHOUSE - MULTl TENANT
11%
RECREATIONAL VEHICLE STORAGE
11%
TRUCK TERMINAL
18%
LUMBER/CONSTR MATL YARD
18%
PARKING GARAGE
18%
PAVED PARKING LOT
20%
CHURCH BUILDINGS
22%
DEPARTMENT STORE
22%
DISCOUNT STORE
22%
UNATTACHED SINGLE STORE
22%
STRIP STORE
23%
RECREATION VEHICLE PARK
28%
UNITED STATES POST OFFICE
30%
LIGHT INDUSTRIAL- SINGLE TENANT
30%
LIGHT INDUSTRIAL - MULTl TENANT
30%
RESEARCH AND DEVELOPMENT
30%
INDUSTRIAL PARK
OCSD-43-7
40
88
36
68
21
22
23
24
39
57
83
84
86
65
66
67
69
85
48
37
101
7
55
26
45
32
38
3
10
11
12
13
14
15
16
17
18
19
4
28
92
118
81
82
98
HEALTH CLUB
LOW DEMAND CENTER
FINANCIAL BUILDINGS
HIGH RISE OFFICE
AUTOMOBILE DEALERSHIP
AUTO REPAIR SHOP
AUTOMOTIVE SERVICE
USED CAR LOT
GOLF COURSE
MOTORCYCLE/SMALL VEHICLE BLDG
AUTOMOTIVE SERVICE STATION
MARINE SERVICE STATION
COMBIN:SERVICE STN/CONVIENCE MKT
SINGLE OFFICE BLDGS TO 3 STORIES
SMALL OFFICE CENTER
OFFICE COMPLEX
CONVERTED RESIDENCE TO OFFICE
COMBIN: SERV STN/RESTAURANT
CONVENIENCE MARKET
FRATERNAL BUILDINGS
UNATTACHED THEATER
MOBILEHOME
MOBILE HOME PARK
AIRPORT AND RELATED
MARINAS
CEMETERY & RELATED
FUNERAL HOME
TWO OR MORE SFR
DUPLEX ONLY
TRIPLEX ONLY
04-UNITS ONLY
5TO16 UNITS
17 TO 25 UNITS
26-40 UNITS ONLY
41-99 UNITS ONLY
100 OR MORE UNITS
A MIX OF FORMS
SFR WITH 1 OR 2 RENTALS
MISC IMPROVEMENT
BOWLING ALLEYS
SKATING RINKS
GOVERNMENTAL USE
PRE-SCHOOLS, NURSERY OR CARE
PRIVATE SCHOOLS
STORE WITH OFFICES OR LIV QTR
OCSD-43-8
33%
36%
39%
39%
39%
39%
39%
39%
39%
39%
39%
39%
39%
40%
40%
40%
40%
42%
44%
49%
49%
50%
52%
56%
56%
56%
56%
70%
70%
70%
70%
70%
70%
70%
70%
70%
70%
71%
71%
71%
71%
79%
80%
80%
80%
99
47
89
34
61
42
2
103
104
105
106
119
120
888
60
62
63
64
43
56
50
51
52
53
54
20
35
73
224
90
76
30
77
78
79
29
223
STORE W/ OFFICE UPSTAIRS
SUPERMARKET
AVERAGE DEMAND CENTER
DORMITORY
CONVALESCENT HOSPITALS
HOSPITAL
ONE RESIDENCE
CHEMICAL TANK AND BULK STORAGE
FOOD PROCESSING PLANT
COLD STORAGE PLANT
FACTORY
PUBLIC UTILITY
WATER MUTUAL OR COMPANY
CONVERSION-COMPOSITE PROP
NURSING HOME
CONVERTED RES USED AS NURSING
LOW RISE RETIREMENT BUILDING
HIGH RISE RETIREMENT BUILDING
HOTEUMOTEL
HOTEUMOTEL
SINGLE MEDICAL BLDGS TO 3 STORIES
SMALL MEDICAL CENTER
MEDICAL CENTER COMPLEX
HIGH RISE MEDICAL
CONVERTED RESIDENCE TO MEDICAL
AMUSEMENT PARKS
ENTERTAINMENT CENTER
RECREATION
NIGHTCLUB
HIGH DEMAND CENTER
RESTAURANT - LOW DEMAND
COIN OPERATED CAR WASH
RESTAURANT- COFFEE SHOP
RESTAURANT- DINNER HOUSE
RESTAURANT- CONVERSION FROM SFR
CONVENTIONAL CAR WASH
LAUNDROMAT
80%
84%
92%
99%
99%
100%
100%
100%
100%
100%
100%
100%
100%
100%
103%
103%
108%
108%
109%
109%
118%
118%
118%
118%
118%
138%
138%
138%
146%
149%
212%
252%
424%
424%
424%
1425%
1563%
NOTE: Multiply the Table A Single Family Residential Rate by the percentage figure above
in order to determine the rate per 1,000 square feet for the commercial or industrial user."
Section Ill.
Collection of Fees.
A.
Pursuant to the authority granted by California Health &
Safety Code Section 5473, and except as otherwise provided in Subparagraph B
below, all local sewer service charges established herein shall be collected on
OCSD-43-9
the County Tax Roll in the same manner, by the same persons, and at the same
time as, together with, and not separately from, its general taxes. The County
Tax Collector is authorized and hereby ordered to make said collections in
accordance with the terms and conditions of agreements between the County of
Orange and the District.
B.
In the event District determines that, due to billing or
payment error, or to inequity in the amount billed, a property owner has
underpaid annual Local Sewer Service Charges payable to District, District,
within four (4) years after the date of mailing of the tax bill, may:
(1)
collect the amount of any deficiency directly on the
County Tax Roll;
(2)
off-set the amount of any deficiency against any
amounts that District determines is owing, by District, to the property owner, as a
rebate or refund under this Ordinance; or
(3)
submit, directly to the property owner, a bill for the
amount of any deficiency, which shall be due and payable within thirty (30) days
of the invoice date and which, if not paid, shall become a lien on said property.
Section IV. Effect of Amendment. Except as expressly amended in Section
II herein and to the extent they have been expressly superseded herein, no other
amendments, changes, or modifications are being made to the remaining
portions of Ordinance No. OCSD-38. The remaining findings and provisions set
forth in Ordinance No. OCSD-38, or portions thereof, not superseded herein shall
continue in full force and effect.
Section V. Severability. If any provision of this Ordinance, or the application to
any person or circumstances is held invalid by order of Court, the remainder of
the Ordinance, or the application of such provision to other persons or other
circumstances, shall not be affected.
Section VI. Effective Date. This Ordinance shall take effect July 1, 2013.
Section VII. Certification and Publication. 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.
OCSD-43-10
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 May
22, 2013.
TROY EDGftJ ,
CHAIR, BOARD F DIRECTORS
ORANGE COUN
SANITATION DISTRICT
ATTEST:
MARIAA ALA
CLERK F THE BOARD
ORANGE COUNTY SANITATION DISTRICT
OCSD-43-11
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE
)
I, MARIA E. AYALA, Clerk of the Board of the Orange County Sanitation District,
do hereby certify that the above and foregoing Ordinance No. OCSD-43 was passed
and adopted at a regular meeting of said Board on the 22nd day of May, 2013, by the
following vote, to wit:
Ayes:
J. Anderson, T. Beamish, D. Benavides, J. Brandman (Alternate),
S. Choi, T. Diep, T. Edgar, S. Jones, P. Kim, M. Levitt,
B.
Murdock, S. Nagel, P. Narain, S. Nelson, J. Nielsen, B. Ooten
(Alternate) B. Reese, J. Shaw, D. Shawver, F. Smith, T. Smith and
J. Withers.
Noes:
NONE
Absent:
K. Curry
Abstentions: J. Nguyen
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of May,
2013.
Orange County Sanitation District
ORDINANCE NO. OCSD-46
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY SANITATION DISTRICT
AMENDING SECTION 2.03 OF ARTICLE II OF
ORDINANCE NO. OCSD-41 CONCERNING REBATES
AND REFUNDS OF SANITARY SEWER SERVICE
CHARGES.
WHEREAS, the Board of Directors adopted Ordinance No. OCSD-41 on March
27, 2013, establishing revised sewer service charges; and
WHEREAS, the Board of Directors wishes to revise Section 2.03 of Article II of
Ordinance No. OCSD-41 to more clearly define the difference between rebates and
refunds, and adjust the limitations period pertaining to rebates.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
Section 1. Section 2.03 of Article II of Ordinance No. OCSD-41 is hereby amended as
follows:
Section 2.03.
A.
Exemptions.
It is the intent of the District that the legal owner(s) of
parcels of real property, otherwise subject to the levy and payment of the Sewer Service
Charges, as prescribed herein, be relieved, in whole or in part, from the payment of said
charges, in certain circumstances and under conditions prescribed herein, and be
entitled to either a rebate or a refund with respect to charges paid, as more specifically
set forth in Subparagraphs 2.03B and 2.03C below, provided an inequity is established
or a billing error is proven, as specified in Subparagraphs 2.038 or 2.03C.
B.
Application for Rebate.
(1)
A "rebate" is the difference between the original service charge
paid by a property owner and the recalculated service charge for the property based on
water use as provided herein.
(2)
Any property owner, or legally recognized authorized representative
of the property owner, may apply to the District for a rebate of Sewer Service Charges
paid to the District by establishing that an unfair valuation of the property has been
made by the District. An applicant for a rebate must establish, by proof satisfactory to
the General Manager of the District, or his/her designee, that an inequity exists between
the amount of the charge paid and the amount of wastewater discharged to the District's
system, resulting in an unfair valuation. Satisfactory proof shall establish that either:
OCSD-46-1
(a)
The principal water use is agricultural or horticultural; or
(b)
The property is devoted to any other use wherein the
amount of wastewater discharged to the District's system is significantly less on a
regular basis than the amount that would normally be expected to be discharged by the
class of property in question.
(3)
Satisfactory proof shall include, but not be limited to, documentation
showing actual water usage for each billing cycle during the entire period for which the
rebate is sought.
(4)
The amount of any rebate shall not reduce the charge payable by
any property owner, whose property is connected to the District's system, to less than
the single family residential charge shown on the applicable Table attached hereto.
(5)
Once a rebate or adjustment to a service charge is granted,
additional rebates or adjustments will not be granted in the same year unless the
property was vacant for the entire year.
C.
Application for Refund.
(1)
A "refund" is the difference between the original service charge
paid by a property owner and the corrected service charge when the original charge
was billed erroneously.
(2)
Any property owner (as used herein, includes any person who paid
the sewer service charges), or legally recognized authorized representative of the
property owner, may apply to the District for a refund of Sewer Service Charges paid to
the District by establishing that the amount paid was pursuant to an error in the amount
billed or the amount paid. The applicant for a refund must submit proof satisfactory to
the General Manager of the District, or his/her designee, that a billing error has been
made by the District, or the County Tax Collector. Such proof shall include, but not be
limited to, proof that:
(a)
The owner's parcel of property is not connected to the
District's system; or
(b)
The property has not been classified in the proper property
use classification code; or
(c)
A clerical error has been made.
OCSD-46-2
D.
Limitations Period.
(1)
Applications for rebates shall be deemed a claim and be governed
by the provisions of California Government Code Sections 935 et seq., and shall be
presented to the District as provided in the Government Tort Claims Act, Government
Code Sections 915 et seq., not later than two (2) years after the submission of the roll to
the County Auditor/Controller, and the claim for rebate may only be made with respect
to amounts paid or payable under such property tax bill. A claim for rebate is not
deemed a claim for refund, and California Revenue & Taxation Code Sections 5096 and
5097 are not applicable.
(2)
Applications for refunds shall be deemed to be governed by the
provisions of California Revenue & Taxation Code Sections 5096 and 5097.
(3)
Consistent with Section 2.04, a "year" for purposes of this Section
2.03 commences on July 1 for all annual Sewer Service Charges, based on the
District's fiscal year.
E.
Determination. All applications for rebates or refunds of the Sewer
Service Charge will be determined by the General Manager of the District, or his/her
designee, who, based on the submitted proof, may grant a full or partial rebate or
refund.
F.
Administrative Fee. At the time of filing the application for rebate or
refund, the property owner shall pay District an administrative fee for the processing of
such application. The amount of the fee shall be equal to the total of all fees and
charges imposed on the District by any other public entity, such as the Orange County
Tax Collector, the Orange County Auditor, or the Orange County Recorder, in
connection with the rebate or refund.
Section 2. Severability. If any provision of this Ordinance, or the application to any
person or circumstances is held invalid by order of Court, the remainder of the
Ordinance, or the application of such provision to other persons or other circumstances,
shall not be affected.
Section 3. Certification and Publication. 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 within 15 days as required by law.
Section 4:
This Ordinance shall be effective sixty (60) days after adoption.
OCSD-46-3
PASSED AND ADOPTED by a majority of the Board of Directors of the Orange County
Sanitation District at a Regular Meeting held on June 25, 2014.
Troy Edga
Chair of the Bbard of Directors
Orange County Sanitation District
ATTEST:
APPROVED AS TO FORM:
OCSD-46-4
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, KELLY A. LORE, Acting Clerk of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance No. 46 was
introduced for first reading at a regular meeting of said Board on the 23th day of May
2014, and was passed and adopted at a regular meeting of said Board on the 25th day
of June, 2014, by the following vote, to wit:
AYES:
Edgar, Chair; Beamish , Benavides, Carchio, Choi,
Curry, Diep, Ferryman , Hernandez, Jones, Kim,
Kring, Levitt, Murdock, Nagel , Narain, Nielsen, Reese,
Sebourn, Shawver, Smith, F., Smith, T., Underhill
(Alternate) and Withers.
NOES:
Nguyen
ABSTENTIONS:
None
ABSENT:
None
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of June,
2014.
OCSD-46-5
ORDINANCE NO. 16-2
AN ORDINANCE OF THE BOARD OF DIRECTORS OF EAST
ORANGE COUNTY WATER DISTRICT ESTABLISHING LOCAL
SANITARY SEWER SERVICE CHARGES AND TABLE B
PROPERTY USE CLASSIFICATIONS
WHEREAS, on Wednesday, May 11, 2016, the Orange County Local Agency
Formation Commission (LAFCO) approved the transfer of the Orange County
Sanitation District (OCSD) local sewers in Service Area 7 to East Orange County
Water District (EOCWD) and among other things, created EOCWD Improvement
District 1 and approved EOCWD’s proposed financial plan that included the local
sanitary sewer service charges and the election to have such charges collected on
the tax roll; and
WHEREAS, effective August 1, 2016, EOCWD, as a result of the LAFCO
action, will maintain the local sewers for approximately 18,000 parcels located in
Improvement District 1; and
WHEREAS, The District, as part of the LAFCO process undertook an
evaluation and study of its operational and financial needs for the next 20 and 100
years, relying upon data developed by the current owner of these local sewers,
Orange County Sanitation District, and representations made by OCSD regarding
the condition of the local sewer system; and
WHEREAS, pursuant to Section 5(e) of LAFCO Reorganization RO 14-01,
EOCWD will reduce the “Annual Local Sewer Service User Fee” by the amount
specific in the final “Plan for Service and Financial Projection” submitted on January
6, 2016; and
WHEREAS, Pursuant to Health and Safety Code section 5471, the Board of
Directors is authorized to prescribe, revise and collect fees, tolls, rates, rentals or
other charges for services and facilities furnished by the District in connection with
its sewerage system; and
WHEREAS, out of an abundance of caution, the District is adopting this
ordinance to implement the LAFCO action to the extent legally necessary to
establish local sanitary sewer service charges for customers to allow the District to
recover the reasonable costs to provide local sanitary sewer service to individual
properties within Improvement District 1; and
WHEREAS, the stated effective period of the local sanitary sewer service
charges imposed by OCSD will expire on July 31, 2016; and
WHEREAS, Section 21080(b)(8) of the Public Resources Code states that
"the establishment, modification, structuring, or approval of rates, tolls, fares, or
EOCWD 16-2 Sewer Fees & Charges
Page 1 of 12
other charges by public agencies which the public agency finds are for the purpose
of (A) meeting operating expenses, including employee wage rates and fringe
benefits, (B) purchasing or leasing supplies, equipment, or materials, (C) meeting
financial reserve needs and requirements, (D) obtaining funds for capital projects
necessary to maintain service within existing service areas, or (E) obtaining funds
necessary to maintain those intracity transfers as are authorized by city charter" is
not subject to CEQA; and
WHEREAS, Section 15273(a) of Title 14 of the California Code of
Regulations states that "CEQA does not apply to the establishment, modification,
structuring, restructuring, or approval of rates, tolls, fares, or other charges by
public agencies which the public agency finds are for the purpose of: (1) Meeting
operating expenses, including employee wage rates and fringe benefits, (2)
Purchasing or leasing supplies equipment, or materials, (3) Meeting financial
reserve needs and requirements, (4) Obtaining funds for capital projects,
necessary to maintain service within existing service areas, or (5) Obtaining funds
necessary to maintain such intra-city transfers as are authorized by city charter";
and
WHEREAS, pursuant to Health and Safety Code sections 4766 and 5473,
the Board of Directors, by a two thirds vote of the members, is authorized to elect to
have the proposed local sanitary sewer service charges collected on the tax roll in
the same manner, by the same persons, and at the same time as, together with and
not separately from, its general taxes; and
WHEREAS, pursuant to Health and Safety Code section 5473.1, on May 6,
2013, and again on May 13, 2013, Notice of the Public Hearing regarding the
proposed local sanitary sewer service charges and the election to have such
charges collected on the tax role, which included the date, time and location of the
hearing, was published in The Orange County Register, a newspaper of general
circulation within the District published in the county where the District is located;
and
WHEREAS, the Board of Directors desires to implement its Plan of Service
inclusive of the proposed schedule of reduced fees; and
NOW, THEREFORE, the Board of Directors of the East Orange County
Water District does hereby ORDAIN:
Section I. Findings. Based upon substantial evidence presented to the
Board of Directors, the Board of Directors of District hereby adopts the following
Findings supporting the imposition of the reduced fee schedule adopted pursuant
to this Ordinance. The Board of Directors hereby finds:
A.
That the revenues derived under the provisions of this
Ordinance will be used for (i) the acquisition, construction, reconstruction,
maintenance, and operation of the local sanitary sewer system facilities of the
EOCWD 16-2 Sewer Fees & Charges
Page 2 of 12
District, (ii) to repay principal and interest on debt instruments, and (iii) to repay
federal and state loans issued for the construction and reconstruction of said
sewerage facilities, together with costs of administration and provisions for
necessary reserves.
B. That the local sanitary sewer service charges established by
this Ordinance are reasonably related to, and do not exceed the funds required to
provide the property-related sewer services, and shall herein be levied on each
parcel to allow the District to recover the reasonable costs to provide a service to
individual properties which have been improved for different types of uses.
C.
That the basis for the respective charge is not based on
potential or future use, but rather, is based upon the request of the owner of
property or a structure thereon, for the benefit of him/her/itself, or the occupants of
the property, to receive a service for actual use, consumption, and disposal of water
to the District's system in lieu of disposal by other means.
D.
That the revenues derived from the local sanitary sewer
service charges shall not be used for any purpose other than that for which the
charge is imposed.
E.
That the local sanitary sewer service charges established by
this Ordinance are not imposed as a condition of approval of a development project,
as defined in California Government Code Section 66001, and do not exceed the
proportional cost of the sewer service attributable to the parcel for which the fee is
levied, as provided in California Constitution Article XlllD, Section 6(b).
F.
That the local sanitary sewer service charges established
herein are an extension of existing fees, and are not a new or increased fee or
charge. Therefore, the procedural requirements of California Constitution Article
XlllD, section 6(a) do not apply.
G.
That the local sanitary sewer service charges adopted herein
will not result in an expansion of facilities to provide for growth within or outside the
existing service area. The adoption of these local sanitary sewer service charges
will not result in any specific project, nor result in a direct physical change in the
environment.
H. That the Board of Directors is adopting the local sanitary
sewer service charges herein to (i) meet operating expenses, (ii) purchase or
lease supplies, equipment, or materials, (iii) meet financial reserve needs and
requirements, and (iv) obtain funds for capital projects necessary to maintain
service within former Revenue Area 7. Therefore, the Board finds and determines,
based upon substantial evidence, that the establishment of the local sanitary
sewer service charges are statutorily exempt from CEQA, pursuant to Section
21080(b)(8) of the Public Resources Code and Section 15273(a) of the California
Code of Regulations.
EOCWD 16-2 Sewer Fees & Charges
Page 3 of 12
J. That all fees and charges established herein have been approved
by the District's Board of Directors at a noticed public meeting, all in accordance with
applicable provisions of law.
Section II.
Annual Local Sewer Service Charge
A.
Commencing with the effective date of this Ordinance, the
owner of each parcel of real property located within the local sewer service area
operated and maintained by the District which is improved with structures designed
for residential, commercial, or industrial use and which, at the request of the owner or
the owner's predecessor-in-interest, is connected to the District's system, shall pay an
annual Local Sewer Service Charge based on the respective class of users, in the sum or
sums, as set forth in Tables A and B of this Ordinance, below. The annual Local Sewer
Service Charges for residential users are set forth in Table A. The applicable single family
residential rate shown in Table A is multiplied by the applicable percentage figure shown
on Table B with respect to the particular use classification to arrive at the annual Local
Sewer Service Charge rate per 1,000 square feet for the commercial or industrial user.
The annual Local Sewer Service Charges for commercial or industrial users are dependent
upon the respective classifications of property use, determined by reference to Table B."
(1)
Table A is hereby adopted in its entirety effective August 1, 2016:
"TABLE A
ANNUAL LOCAL SEWER SERVICE CHARGES RESIDENTIAL USERS
YEAR
SFR*
MFR
2016/17
$108.00
$ 75.60
2017/18
$108.00
$ 75.60
2018/19
$108.00
$ 75.60
2020/21
$108.00
$ 75.60
2021/22
$108.00
$ 75.60
SFR = SINGLE FAMILY RESIDENTIAL
MFR = MULTl-FAMILY RESIDENTIAL
* The SFR fee is the minimum local sewer service charge any user must pay.
** The MFR fee is charged per residential unit.
following:
(2)
Table B is hereby adopted, effective August 1, 2016, with the
EOCWD 16-2 Sewer Fees & Charges
Page 4 of 12
TABLE B
ANNUAL LOCAL SEWER SERVICE CHARGES
PROPERTY USE CLASSIFICATIONS
Assessor Use Code
1
5
6
8
121
122
124
125
126
201
666
777
112
113
58
100
110
111
115
116
44
71
72
33
94
95
96
97
74
225
107
108
109
114
EOCWD 16-2 Sewer Fees & Charges
Description
VACANT LAND PARCEL
COMMON AREA PARCEL
"HOLD" PARCEL
EQUIV TO VACANT
PARCEL OF MINIMAL OR NO VALUE
SUBSURFACE PARCELS
OIUMINERAL RIGHTS
MINERAL RIGHTS EQUIPMENT
VACANT COMMON AREA-IMP ALLOC
HOME OWNERS EXEMPTION ADD'N
UNASSIGNED VACANT
SEPTIC TANK PROPERTY
STEEL BUILDING
MINI-WAREHOUSE
NURSERIES (PLANTS)
DRIVE-IN THEATER
WAREHOUSE - SINGLE TENANT
WAREHOUSE - MULTl TENANT
RECREATIONAL VEHICLE STORAGE
TRUCK TERMINAL
LUMBER/CONSTR MATL YARD
PARKING GARAGE
PAVED PARKING LOT
CHURCH BUILDINGS
DEPARTMENT STORE
DISCOUNT STORE
UNATTACHED SINGLE STORE
STRIP STORE
RECREATION VEHICLE PARK
UNITED STATES POST OFFICE
LIGHT INDUSTRIAL - SINGLE TENANT
LIGHT INDUSTRIAL - MULTl TENANT
RESEARCH AND DEVELOPMENT
INDUSTRIAL PARK
Per 1,000 SF
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
5%
5%
9%
9%
11%
11%
11%
11%
18%
18%
18%
20%
22%
22%
22%
22%
23%
28%
30%
30%
30%
30%
Page 5 of 12
40
88
36
68
21
22
23
24
39
57
83
84
86
65
66
67
69
85
48
37
101
7
55
26
45
32
38
3
10
11
12
13
14
15
16
17
18
19
4
28
92
118
81
82
98
HEALTH CLUB
LOW DEMAND CENTER
FINANCIAL BUILDINGS
HIGH RISE OFFICE
AUTOMOBILE DEALERSHIP
AUTO REPAIR SHOP
AUTOMOTIVE SERVICE
USED CAR LOT
GOLF COURSE
MOTORCYCLE/SMALL VEHICLE BLDG
AUTOMOTIVE SERVICE STATION
MARINE SERVICE STATION
COMBIN:SERVICE STN/CONVIENCE MKT
SINGLE OFFICE BLDGS TO 3 STORIES
SMALL OFFICE CENTER
OFFICE COMPLEX
CONVERTED RESIDENCE TO OFFICE
COMBIN: SERV STN/RESTAURANT
CONVENIENCE MARKET
FRATERNAL BUILDINGS
UNATTACHED THEATER
MOBILEHOME
MOBILE HOME PARK
AIRPORT AND RELATED
MARINAS
CEMETERY & RELATED
FUNERAL HOME
TWO OR MORE SFR
DUPLEX ONLY
TRIPLEX ONLY
04-UNITS ONLY
5 TO 16 UNITS
17 TO 25 UNITS
26-40 UNITS ONLY
41-99 UNITS ONLY
100 OR MORE UNITS
A MIX OF FORMS
SFR WITH 1 OR 2 RENTALS
MISC IMPROVEMENT
BOWLING ALLEYS
SKATING RINKS
GOVERNMENTAL USE
PRE-SCHOOLS, NURSERY OR CARE
PRIVATE SCHOOLS
STORE WITH OFFICES OR LIV QTR
EOCWD 16-2 Sewer Fees & Charges
33%
36%
39%
39%
39%
39%
39%
39%
39%
39%
39%
39%
39%
40%
40%
40%
40%
42%
44%
49%
49%
50%
52%
56%
56%
56%
56%
70%
70%
70%
70%
70%
70%
70%
70%
70%
70%
71%
71%
71%
71%
79%
80%
80%
80%
Page 6 of 12
99
STORE W/ OFFICE UPSTAIRS
47
89
34
61
42
2
103
104
105
106
119
120
888
60
62
63
SUPERMARKET
AVERAGE DEMAND CENTER
DORMITORY
CONVALESCENT HOSPITALS
HOSPITAL
ONE RESIDENCE
CHEMICAL TANK AND BULK STORAGE
FOOD PROCESSING PLANT
COLD STORAGE PLANT
FACTORY
PUBLIC UTILITY
WATER MUTUAL OR COMPANY
CONVERSION-COMPOSITE PROP
NURSING HOME
CONVERTED RES USED AS NURSING
LOW RISE RETIREMENT BUILDING
64
43
56
50
51
52
53
54
20
35
73
224
90
76
30
77
78
79
29
223
HIGH RISE RETIREMENT BUILDING
HOTEUMOTEL
HOTEUMOTEL
SINGLE MEDICAL BLDGS TO 3 STORIES
SMALL MEDICAL CENTER
MEDICAL CENTER COMPLEX
HIGH RISE MEDICAL
CONVERTED RESIDENCE TO MEDICAL
AMUSEMENT PARKS
ENTERTAINMENT CENTER
RECREATION
NIGHTCLUB
HIGH DEMAND CENTER
RESTAURANT - LOW DEMAND
COIN OPERATED CAR WASH
RESTAURANT - COFFEE SHOP
RESTAURANT - DINNER HOUSE
RESTAURANT - CONVERSION FROM SFR
CONVENTIONAL CAR WASH
LAUNDROMAT
80%
84%
92%
99%
99%
100%
100%
100%
100%
100%
100%
100%
100%
100%
103%
103%
108%
108%
109%
109%
118%
118%
118%
118%
118%
138%
138%
138%
146%
149%
212%
252%
424%
424%
424%
1425%
1563%
NOTE: Multiply the Table A Single Family Residential Rate by the
percentage figure above in order to determine the rate per 1,000 square
feet for the commercial or industrial user."
EOCWD 16-2 Sewer Fees & Charges
Page 7 of 12
Section Ill. Collection of Fees.
A.
Pursuant to the authority granted by California Health & Safety Code
Section 5473, and except as otherwise provided in Subparagraph B below, all
local sewer service charges established herein shall be collected on
the County Tax Roll in the same manner, by the same persons, and at the same
time as, together with, and not separately from, its general taxes. The County
Tax Collector is authorized and hereby ordered to make said collections in
accordance with the terms and conditions of agreements between the County
of Orange and the District.
B.
In the event District determines that, due to billing or payment error, or
to inequity in the amount billed, a property owner has underpaid annual Local
Sewer Service Charges payable to District, District, within four (4) years after
the date of mailing of the tax bill, may:
(1)
collect the amount of any deficiency directly on the County Tax
Roll;
(2)
off-set the amount of any deficiency against any amounts that
District determines is owing, by District, to the property owner,
as a rebate or refund under this Ordinance; or
(3)
submit, directly to the property owner, a bill for the amount of
any deficiency, which shall be due and payable within thirty
(30) days of the invoice date and which, if not paid, shall
become a lien on said property.
Section IV. Exemptions, Rebates and Refunds.
A.
Exemptions. It is the intent of the District that the legal owner(s) of
parcels of real property, otherwise subject to the levy and payment of the
Sewer Service Charges, as prescribed herein, be relieved, in whole or in part,
from the payment of said charges, in certain circumstances and under
conditions prescribed herein, and be entitled to either a rebate or a refund
with respect to charges paid, as more specifically set forth in Subparagraphs
2.03B and 2.03C below, provided an inequity is established or a billing error
is proven, as specified in Subparagraphs 2.038 or 2.03C.
B.
Application for Rebate.
(1)
A "rebate" is the difference between the original service
charge paid by a property owner and the recalculated service charge for the
property based on water use as provided herein.
(2)
Any property owner, or legally recognized authorized
representative of the property owner, may apply to the District for a rebate
EOCWD 16-2 Sewer Fees & Charges
Page 8 of 12
of Sewer Service Charges paid to the District by establishing that an unfair
valuation of the property has been made by the District. An applicant for a
rebate must establish, by proof satisfactory to the General Manager of the
District, or his/her designee, that an inequity exists between the amount of
the charge paid and the amount of wastewater discharged to the District's
system, resulting in an unfair valuation. Satisfactory proof shall establish that
either:
horticultural; or
(a)
The
principal
water
use
is
agricultural
or
(b)
The property is devoted to any other use wherein
the amount of wastewater discharged to the District's system is significantly
less on a regular basis than the amount that would normally be expected to
be discharged by the class of property in question.
(1)
Satisfactory proof shall include, but not be limited to,
documentation showing actual water usage for each billing cycle during
the entire period for which the rebate is sought.
(2)
The amount of any rebate shall not reduce the charge payable
by any property owner, whose property is connected to the District's
system, to less than the single family residential charge shown on the
applicable Table attached hereto.
(3)
Once a rebate or adjustment to a service charge is granted,
additional rebates or adjustments will not be granted in the same year
unless the property was vacant for the entire year.
B.
Application for Refund.
(1)
A "refund" is the difference between the original service charge
paid by a property owner and the corrected service charge when the
original charge was billed erroneously.
(2)
Any property owner (as used herein, includes any person who
paid the sewer service charges), or legally recognized
authorized representative of the property owner, may apply to
the District for a refund of Sewer Service Charges paid to the
District by establishing that the amount paid was pursuant to an
error in the amount billed or the amount paid. The applicant for a
refund must submit proof satisfactory to the General Manager of
the District, or his/her designee, that a billing error has been
made by the District, or the County Tax Collector. Such proof
shall include, but not be limited to, proof that:
(a)
EOCWD 16-2 Sewer Fees & Charges
the owner’s parcel of property is not connect to the
Districts system; or
Page 9 of 12
C.
(b)
the property has not been classified in the property
use classification code; or
(c)
A clerical error has been made.
Liimitations Period.
(1)
Applications for rebates shall be deemed a claim and be governed
by the provisions of California Government Code Sections 935 et seq., and
shall be presented to the District as provided in the Government Tort Claims
Act, Government Code Sections 915 et seq., not later than two (2) years
after the submission of the roll to the County Auditor/Controller, and the
claim for rebate may only be made with respect to amounts paid or payable
under such property tax bill. A claim for rebate is not deemed a claim for
refund, and California Revenue & Taxation Code Sections 5096 and 5097
are not applicable.
(2)
Applications for refunds shall be deemed to be governed by the
provisions of California Revenue & Taxation Code Sections 5096 and 5097.
(3)
Consistent with Section 2.04, a "year" for purposes of this Section
2.03 commences on July 1 for all annual Sewer Service Charges, based on
the District's fiscal year.
D.
Determination. All applications for rebates or refunds of the Sewer
Service Charge will be determined by the General Manager of the District, or
his/her designee, who, based on the submitted proof, may grant a full or partial
rebate or refund.
E.
Administrative Fee. At the time of filing the application for rebate or refund,
the property owner shall pay District an administrative fee for the processing of
such application. The amount of the fee shall be equal to the total of all fees and
charges imposed on the District by any other public entity, such as the Orange
County Tax Collector, the Orange County Auditor, or the Orange County
Recorder, in connection with the rebate or refund.
Section V. Severability.
If any provision of this Ordinance, or the application to any person or circumstances is held
invalid by order of Court, the remainder of the Ordinance, or the application of such
provision to other persons or other circumstances, shall not be affected.
Section VI. Effective Date.
Water Code section 31105 authorizes the District to adopt ordinances relating to the
provision of sewer services and facilities, and the regulation of those services, and such
ordinance may be in full force and effect immediately upon adoption. Upon adoption, this
EOCWD 16-2 Sewer Fees & Charges
Page 10 of 12
Ordinance shall take effect August 1, 2016.
Section VIII. Certification and Publication.
The Secretary 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 East Orange County Water District at a Regular Meeting held July 21, 2016
PRESIDENT, BOARD OF DIRECTORS
EAST ORANGE COUNTY WATER DISTRICT
ATTEST :
SECRETARY OF THE BOARD
EAST ORANGE COUNTY WATER DISTRICT
EOCWD 16-2 Sewer Fees & Charges
Page 11 of 12
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I, _____________
_, Secretary of the Board of the East Orange County Water District, do hereby
certify that the above and foregoing Ordinance No. EOCWD-16-2 was passed and
adopted at a regular meeting of said Board on the 21st day of July, 2016, by the following
vote, to wit:
Ayes:
.
Noes:
Absent:
ns:
Abstentio
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of July,
2016
.
2679270.1
Secretary of the Board
East Orange County Water District
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1 – FATS, OILS & GREASE (FOG) CONTROL
DATE:
JULY 21, 2016
BACKGROUND
As part of the sewer transfer, the District is required to adopt regulations pertaining to the control of
fats, oils & grease – FOG - in sewer parlance. This is currently regulated under Ordinance No. OCSD25 (attached) and it is EOCWD’s intent to retain this ordinance and regulate FOG until such time as the
EOCWD Board adopts proposed EOCWD Ordinance 16-3 (attached).
The FOG addressed in the ordinance is associated with Food Service Establishments (restaurants
and bakeries) which is often implicated in sanitary sewer overflows (SSOs). The State wastewater
permit (General Waste Discharge Requirements 2006-0003-DWQ) requires that the District monitor
and control SSOs and develop a FOG control program. Staff is currently developing the FOG program
in concert with EEC Environmental; it will be reviewed with the Board at a Special Workshop tentatively
scheduled for Tuesday, August 9th at 5:00 p.m.
FINANCIAL IMPACT
The Ordinance is required as a part of the FOG program which is funded by Account #70205E-30.
Some of the costs of implementing this Ordinance are recoverable through cost-of-service fees that will
be presented to the Board upon completion of a fee study; it is estimated that this study will be
completed by November 2016.
RECOMMENDATION
The Board declare their intention to retain in full force and effect, in improvement District No.1 of
the District, Orange County Sanitation District Ordinance No. 25 adopting fats, oils and grease control
regulations applicable to food service establishments, as amended from time to time, until such time as
they are adopted by the EOCWD Board.
ORDINANCE NO. OCSD-25
ADOPTING FATS, OILS AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING FATS, OILS AND
GREASE CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS
WHEREAS, pursuant to the County Sanitation District Act, Health & Safety Code
§§4700 et seq., the Orange County Sanitation District ("District") has the authority to
adopt ordinances relating to the provision of sewer services and facilities, and
regulations of those services and facilities; and
WHEREAS, the Regional Water Quality Control Board ("RWQCB") for the Santa
Ana Region adopted Order RB-2002-0014, which prescribes general waste discharge
requirements prohibiting sanitary sewer overflows ("SSOs") by sewer collection
agencies; and
WHEREAS, in Order RB-2002-0014, the RWQCB found that one of the leading
causes of SSOs within the Santa Ana Region, which encompasses the District's service
area is "grease blockages;" and
WHEREAS, SSOs often caused by discharge of wastewater containing high
levels of fat, oils and grease ('FOG"), suspended solids, pathogenic organisms, and
other pollutants, may cause temporary exceedances of applicable water quality
objectives, pose a threat to the public health, adversely affect aquatic life, and impair the
public recreational use and aesthetic enjoyment of surface waters within the District's
service area; and
WHEREAS, the 2000-2001 Orange County Grand Jury ("Grand Jury") conducted
a survey among 35 wastewater collection and treatment agencies in Orange County and
concluded that one of the leading causes of SSOs and sewage spills is sewer lines
clogged from the accumulation of FOG discharged from Food Service Establishments;
and
WHEREAS, the Grand Jury further concluded that more effective methods of
minimizing grease discharges into the sewer system must be developed and
implemented to reduce the discharge of FOG to the sewer system in order to prevent
sewer blockages and SSOs; and
WHEREAS, Order No. RB-2002-0014 requires the District to monitor and control
SSOs and to develop a FOG Control Program by December 30, 2004; and
WS&S - OXS:pj:#l89145:10/22/04
2
111mm11111n11111111111
019095070241
WHEREAS, in light of the overwhelming evidence that FOG is a primary cause of
SSOs, the District desires to implement a FOG Control Program to prevent SSOs; and
WHEREAS, Section 1014 of the 2001 California Plumbing Code, applicable to all
occupancies in the State pursuant to the California Building Standards Law, requires the
installation of grease traps or interceptors when in the opinion of the Building Official
waste pretreatment is required; and
WHEREAS, the foregoing findings indicate that a FOG Control Program is
required for Food Service Establishments within the District's jurisdiction to comply with
waste discharge regulations and prevent the harmful effects of SSOs; and
WHEREAS, the regulations adopted herein will require existing Food Service
Establishments to install grease control devices or interceptors no later than three years
from the effective date of this Ordinance, and the Board finds that three years is a
reasonable amortization period for existing Food Service Establishments that are
operating without a grease control device or grease interceptor; and
WHEREAS, the Board of Directors finds that specific enforcement provisions
must be adopted to govern discharges of wastewater to the District's system by Food
Service Establishments.
NOW, THEREFORE, the Board of Directors does hereby ordain as follows:
WS&S - OXS:pj:#189145:10/22/04
3
ARTICLE 1 - GENERAL PROVISIONS
1.1
1.2
PURPOSE AND POLICY
A.
The purpose of this Ordinance is to facilitate the maximum beneficial
public use of the District's sewer services and facilities while preventing
blockages of the sewer lines resulting from discharges of FOG to the
sewer facilities, and to specify appropriate FOG discharge requirements
for Food Service Establishments.
B.
This Ordinance shall be interpreted in accordance with the definitions set
forth in Section 1.2. The provisions of this Ordinance shall apply to the
direct or indirect discharge of all wastewater or waste containing FOG
carried to the sewer facilities of the District.
C.
To comply with Federal, State, and local policies and to allow the District
to meet applicable standards, provisions are made in this Ordinance for
the regulations of wastewater or waste containing FOG discharges to the
sewer facilities.
D.
This Ordinance establishes quantity and quality standards on all
wastewater and/or waste discharges containing FOG, which may alone or
collectively cause or contribute to FOG accumulation in the sewer
facilities causing or potentially causing or contributing to the occurrence of
SSOs.
DEFINITIONS
A.
Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for Examination of
Water and Wastewater, published by the American Public Health
Association, the American Water Works Association and the Water
Environment Federation. The testing procedures for waste constituents
and characteristics shall be as provided in 40 CFR 136 (Code of Federal
Regulations).
B.
Other terms not herein defined are defined as being the same as set forth
in the latest adopted applicable editions of the California Codes
applicable to building construction adopted pursuant to the California
Building Standards Law.
C.
Subject to the foregoing provisions, the following definitions shall apply in
this Ordinance:
WS&S - OXS:pj:#189145:10/22/04
4
Best Management
Practices
Schedules of activities, prohibitions of practices,
maintenance procedures and other management
practices to prevent or reduce the introduction of FOG
to the sewer facilities.
Board
The Board of Directors of the District.
Change in Operations
Any change in the ownership, food types, or
operational procedures that have the potential to
increase the amount of FOG generated and/or
discharged by Food Service Establishments in an
amount that alone or collectively causes or creates a
potential for SSOs to occur.
Composite Sample
A collection of individual samples obtained at selected
intervals based on an increment of either flow or time.
The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged
during the sample period. Samples will be collected
when a wastewater discharge occurs.
Discharger
Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
District
The Orange County Sanitation District.
Sewer Facility or
System
Any property belonging to the District used in the
treatment, reclamation, reuse, transportation, or
disposal of wastewater, or sludge.
Effluent
Any liquid outflow from the Food Service Establishment
that is discharged to the sewer.
Fats, Oils, and
Grease ("FOG")
Any substance such as a vegetable or animal product
that is used in, or is a by product of, the cooking or
food preparation process, and that turns or may turn
viscous or solidifies with a change in temperature or
other conditions.
FOG Control Program
The FOG Control Program required by and developed
pursuant to RWQCB Order No. RB-2002-0014, Section
(c)(12)(viii).
WS&S - OXS:pj:#l89145:10/22/04
5
FOG Control Program
Manager
The individual designated by the District to administer
the FOG Control Program. The FOG Control Program
Manager is responsible for all determinations of
compliance with the program, including approval of
discretionary variances and waivers.
FOG Wastewater
Discharge Permit
A permit issued by the District subject to the
requirements and conditions established by the District
authorizing the permittee or discharger to discharge
wastewater into the District's facilities or into sewer
facilities which ultimately discharge into a District
facility.
Food Service
Establishment
Facilities defined in California Uniform Retail Food
Service Establishments Law (CURFFL) Section
113785, and any commercial entity within the
boundaries of the District, operating in a permanently
constructed structure such as a room, building, or
place, or portion thereof, maintained, used, or operated
for the purpose of storing, preparing, serving, or
manufacturing, packaging, or otherwise handling food
for sale to other entities, or for consumption by the
public, its members or employees, and which has any
process or device that uses or produces FOG, or
grease vapors, steam, fumes, smoke or odors that are
required to be removed by a Type I or Type II hood, as
defined in CURFFL Section 113785. A limited food
preparation establishment is not considered a Food
Service Establishment when engaged only in
reheating, hot holding or assembly of ready to eat food
products and as a result, there is no wastewater
discharge containing a significant amount of FOG. A
limited food preparation establishment does not include
any operation that changes the form, flavor, or
consistency of food.
Food Grinder
Any device installed in the plumbing or sewage system
for the purpose of grinding food waste or food
preparation by products for the purpose of disposing it
in the sewer system.
Grease Control
Device
Any grease interceptor, grease trap or other
mechanism, device, or process, which attaches to, or
is applied to, wastewater plumbing fixtures and lines,
the purpose of which is to trap or collect or treat FOG
prior to it being discharged into the sewer system.
"Grease control device" may also include any other
proven method to reduce FOG subject to the approval
of the District.
WS&S - OXS:pj:#189145:10/22/04
6
Grease Disposal
Mitigation Fee
A fee charged to an Owner/Operator of a Food Service
Establishment when there are physical limitations to
the property that make the installation of the usual and
customary grease interceptor or grease control device
Establishment
under
for
the
Food
Service
The
consideration, impossible or impracticable.
Grease Disposal Mitigation Fee is intended to cover
the costs of increased maintenance of the sewer
system for inspection and cleaning of FOG and other
viscous or solidifying agents that a properly employed
grease control device would otherwise prevent from
entering the sewer system.
Grease Interceptor
A multi-compartment device that is constructed in
different sizes and is generally required to be located,
according to the California Plumbing Code,
underground between a Food Service Establishment
and the connection to the sewer system. These
devices primarily use gravity to separate FOG from the
wastewater as it moves from one compartment to the
next. These devices must be cleaned, maintained, and
have the FOG removed and disposed of in a proper
manner on regular intervals to be effective.
Grease Trap
A grease control device that is used to serve individual
fixtures and have limited effect and should only be
used in those cases where the use of a grease
interceptor or other grease control device is
determined to be impossible or impracticable.
General Manager
The individual duly designated by the Board of
Directors of the District to administer this Ordinance.
Grab Sample
A sample taken from a waste stream on a one-time
basis without regard to the flow in the waste stream
and without consideration of time.
Hot Spots
Areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained
frequently to avoid blockages of sewer system.
Inflow
Water entering a sewer system through a direct
stormwater/ runoff connection to the sanitary sewer,
which may cause an almost immediate increase in
wastewater flows.
Infiltration
Water entering a sewer system, including sewer
service connections, from the ground through such
means as defective pipes, pipe joints, connections, or
manhole walls.
WS&S - OXS:pj:#l89145:10/22/04
7
Inspector
A person authorized by the District to inspect any
existing
or proposed
wastewater generation,
conveyance, processing, and disposal facilities.
Interceptor
A grease interceptor.
Interference
Any discharge which, alone or in conjunction with
discharges from other sources, inhibits or disrupts the
District's sewer system, treatment processes or
operations; or is a cause of violation of the District's
NPDES or Waste Discharge Requirements or prevents
lawful sludge use or disposal.
Local Sewering
Agency
Any public agency or private entity responsible for the
collection and disposal of wastewater to the District's
sewer facilities duly authorized under the laws of the
State of California to construct and/or maintain public
sewers.
NP DES
The National Pollutant Discharge Elimination System;
the permit issued to control the discharge of liquids or
other substances or solids to surface waters of the
United States as detailed in Public Law 92-500,
Section 402.
New Construction
Any structure planned or under construction for which
a sewer connection permit has not been issued.
Permittee
A person who has received a permit to discharge
wastewater into the District's sewer facilities subject to
the requirements and conditions established by the
District.
Person
partnership,
firm,
association,
Any individual,
corporation or public agency, including the State of
California and the United States of America.
Public Agency
The State of California and/or any city, county, special
district, other local governmental authority or public
body of or within this State.
Public Sewer
A sewer owned and operated by the District, or other
local Public Agency, which is tributary to the District's
sewer facilities.
WS&S - OXS:pj:#l89145:10/22/04
8
Regulatory Agencies
Regulatory Agencies shall mean those agencies
having regulatory jurisdiction over the operations of the
District, including, but not limited to:
a)
United
States
Environmental
Protection
Agency,
Region
IX,
San
Francisco and
(EPA).
Washington, DC
b)
California State
Board (SWRCB).
Resources
Control
c)
California Regional Water Quality
Board, Santa Ana Region (RWQCB).
Control
d)
Water
South Coast Air Quality Management District
(SCAQMD).
e)
California
(OOHS).
Department
of
Health
Services
Remodeling
A physical change or operational change causing
generation of the amount of FOG that exceed the
current amount of FOG discharge to the sewer system
by the Food Service Establishment in an amount that
alone or collectively causes or create a potential for
SSOs to occur; or exceeding a cost of $50,000 to a
Food Service Establishment that requires a building
permit, and involves any one or combination of the
following:
(1) Under slab plumbing in the food
processing area, (2) a 30% increase in the net public
seating area, (3) a 30% increase in the size of the
kitchen area, or (4) any change in the size or type of
food preparation equipment.
Sample Point
A location approved by the District, from which
wastewater can be collected that is representative in
content and consistency of the entire flow of
wastewater being sampled.
Sampling Facilities
Structure(s) provided at the user's expense for the
District or user to measure and record wastewater
constituent
mass,
concentrations,
collect
a
representative sample, or provide access to plug or
terminate the discharge.
Sewage
Wastewater.
Sewer Facilities or
System
Any and all facilities used for collecting, conveying,
pumping, treating, and disposing of wastewater and
sludge.
WS&S - OXS:pj:#l89145:10/22/04
9
Sewer Lateral
A building sewer as defined in the latest edition of the
California Plumbing Code. It is the wastewater
connection between the building's wastewater facilities
and a public sewer system.
Sludge
Any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility
service, or pretreatment facility.
Twenty-five percent
(25%) Rule
Requirement for grease interceptors to be maintained
such that the combined FOG and solids accumulation
does not exceed 25% of the design hydraulic depth of
the grease interceptor. This is to ensure that the
minimum hydraulic retention time and required
available hydraulic volume is maintained to effectively
intercept and retain FOG discharged to the sewer
system.
User
Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer
system. User shall mean the same as Discharger.
Waste
Sewage and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with
human habitation or of human or animal nature,
including such wastes placed within containers of
whatever nature prior to and for the purpose of
disposal.
Manifest
That receipt which is retained by the generator of
wastes for disposing recyclable wastes or liquid wastes
as required by the District.
Waste
Minimization
Practices
Plans or programs intended to reduce or eliminate
discharges to the sewer system or to conserve water,
including, but not limited to, product substitutions,
housekeeping practices, inventory control, employee
education, and other steps as necessary to minimize
wastewater produced.
Wastehauler
Any person carrying on or engaging in vehicular
transport of waste as part of, or incidental to, any
business for that purpose.
Wastewater
The liquid and water-carried wastes of the community
and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a
public sewer.
WS&S - OXS:pj:#l89145:10/22/04
10
Wastewater
Constituents and
Characteristics
D.
The individual chemical, physical, bacteriological, and
other parameters, including volume and flow rate and
such other parameters that serve to define, classify or
measure the quality and quantity of wastewater.
Words used in this Ordinance in the singular may include the plural and
the plural the singular. Use of masculine shall mean feminine and use of
feminine shall mean masculine. Shall is mandatory; may is permissive or
discretionary.
WS&S - OXS:pj:#189145:10/22/04
11
ARTICLE 2 -GENERAL LIMITATIONS, PROHIBITIONS, AND REQUIREMENTS ON
FATS, OILS, AND GREASE ("FOG") DISCHARGES
2.1
FOG DISCHARGE REQUIREMENT
No Food Service establishment shall discharge or cause to be discharged into
the sewer system FOG that exceeds a concentration level adopted by the Board
or that may accumulate and/or cause or contribute to blockages in the sewer
system or at the sewer system lateral which connects the Food Service
Establishment to the sewer system.
2.2
PROHIBITIONS
The following prohibitions shall apply to all Food Service Establishments:
A.
Installation of food grinders in the plumbing system of new constructions
of Food Service Establishments shall be prohibited. Furthermore, all food
grinders shall be removed from all existing Food Service Establishments
within 180 days of the effective date of this Ordinance, except when
expressly allowed by the FOG Control Program Manager.
B.
Introduction of any additives into a Food Service Establishment's
wastewater system for the purpose of emulsifying FOG or
biologically/chemically treating FOG for grease remediation or as a
supplement to interceptor maintenance, unless a specific written
authorization from the FOG Control Program Manager is obtained.
C.
Disposal of waste cooking oil into drainage pipes is prohibited. All waste
cooking oils shall be collected and stored properly in receptacles such as
barrels or drums for recycling or other acceptable methods of disposal.
D.
Discharge of wastewater from dishwashers to any grease trap or grease
interceptor is prohibited.
E.
Discharge of wastewater with temperatures in excess of 140°F to any
grease control device, including grease traps and grease interceptors, is
prohibited.
F.
Discharge of wastes from toilets, urinals, wash basins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor
service, or vice versa, is prohibited.
G.
Discharge of any waste including FOG and solid materials removed from
the grease control device to the sewer system is prohibited. Grease
removed from grease interceptors shall be wastehauled periodically as
part of the operation and maintenance requirements for grease
interceptors.
WS&S - OXS:pj:#l89145:10/22/04
12
H.
2.3
Operation of grease interceptors with FOG and solids accumulation
exceeding 25% of the design hydraulic depth of the grease interceptor
(25% Rule)
FOG WASTEWATER DISCHARGE PERMIT REQUIRED
No person shall discharge, or cause to be discharged any wastewater from Food
Service Establishments directly or indirectly into the sewer system without first
obtaining a FOG Wastewater Discharge Permit pursuant to this Ordinance.
2.4
BEST MANAGEMENT PRACTICES REQUIRED
All Food Services Establishments shall implement Best Management Practices in
its operation to minimize the discharge of FOG to the sewer system. Detailed
requirements for Best Management Practices shall be specified in the permit.
This may include kitchen practices and employee training that are essential in
minimizing FOG discharge.
2.5
FOG PRETREATMENT REQUIRED
Food Service Establishments are required to install, operate and maintain an
approved type and adequately sized grease interceptor necessary to maintain
compliance with the objectives of this Ordinance, subject to the variance and
waiver provisions of Section 2.6. The grease interceptor shall be adequate to
separate and remove FOG contained in wastewater discharges from Food
Service Establishments prior to discharge to the sewer system. Fixtures,
equipment, and drain lines located in the food preparation and clean up areas of
Food Service Establishments that are sources of FOG discharges shall be
connected to the grease interceptor. Compliance shall be established as follows:
A.
New Construction of Food Service Establishments
New construction of Food Service Establishments shall include and install
grease interceptors prior to commencing discharges of wastewater to the
sewer system.
B.
Existing Food Service Establishments
1.
For existing Food Service Establishments, the requirement to
install and to properly operate and maintain a grease interceptor
may be conditionally stayed, that is, delayed in its implementation
by the FOG Control Program Manager for a maximum period of
three years from the effective date of this Ordinance (3-year
Amortization Period). Terms and conditions for application of a
stay to a Food Service Establishment shall be set forth in the
permit. The Board finds that three years is a reasonable
amortization period for existing Food Service Establishments that
are operating without a grease interceptor.
WS&S - OXS:pj:#189145:10/22/04
13
2.6
2.
Existing Food Service Establishments, which have caused or
contributed to grease-related blockage in the sewer system, or
which have sewer laterals connected to hot spots, or which have
been determined to contribute significant FOG to the sewer
system by the FOG Control Program Manager based on
inspection or sampling, shall be deemed to have reasonable
potential to adversely impact the sewer system, and shall install
grease interceptors within 180 days upon notification by the
District.
3.
Existing Food Service Establishments or Food Service
Establishments that change ownership, that undergo remodeling
or a change in operations as defined in Section 1.2 of this
Ordinance, shall be required to install a grease interceptor.
VARIANCE AND WAIVER OF GREASE INTERCEPTOR REQUIREMENT
A.
Variance from Grease Interceptor Requirements
An existing Food Service Establishment may obtain a variance from the
grease interceptor requirement to allow alternative pretreatment
technology that is, at least, equally effective in controlling the FOG
discharge in lieu of a grease interceptor, if the Food Service
Establishment demonstrates that it is impossible or impracticable to
install, operate or maintain a grease interceptor. The FOG Control
Program Manager's determination to grant a variance will be based upon,
but not limited to, evaluation of the following conditions:
B.
1.
There is no adequate space for installation and/or maintenance of
a grease interceptor.
2.
There is no adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the
grease interceptor and the private collection lines or the public
sewer.
3.
The Food Service Establishment can justify that the alternative
pretreatment technology is equivalent or better than a grease
interceptor in controlling its FOG discharge. In addition, the Food
Service Establishment must be able to demonstrate, after
installation of the proposed alternative pretreatment, its
effectiveness to control FOG discharge through downstream
visual monitoring of the sewer system, for at least three months, at
its own expense. A Variance may be granted if the results show
no visible accumulation of FOG in its lateral and/or tributary
downstream sewer lines.
Conditional Waiver from Installation of Grease Interceptor
An existing Food Service Establishment may obtain a conditional waiver
from installation of a grease interceptor, if the Food Service
WS&S - OXS:pj:#l89145:10/22/04
14
Establishment demonstrates that it has negligible FOG discharge and
insignificant impact to the sewer system. Although a waiver from
installation of grease interceptor may be granted, the Food Service
Establishment may be required to provide space and plumbing
segregation for future installation of grease interceptor. The FOG Control
Program Manager's determination to grant or revoke a conditional waiver
shall be based upon, but not limited to, evaluation of the following
conditions:
C.
1.
Quantity of FOG discharge as measured or as indicated by the
size of Food Service Establishment based on seating capacity,
number of meals served, menu, water usage, amount of on-site
consumption of prepared food and other conditions that may
reasonably be shown to contribute to FOG discharges.
2.
Adequacy of implementation of Best Management Practices and
compliance history.
3.
Sewer size, grade, condition based on visual information, FOG
deposition in the sewer by the Food Service Establishment, and
history of maintenance and sewage spills in the receiving sewer
system.
4.
Changes in operations that significantly affect FOG discharge.
5.
Any other condition deemed reasonably related to the generation
of FOG discharges by the FOG Control Program Manager.
Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee
For Food Service Establishments where the installation of grease
interceptor is not feasible and no equivalent alternative pretreatment can
be installed, a waiver from the grease interceptor requirement may be
granted with the imposition of a Grease Disposal Mitigation Fee as
described in Section 2.8. Additional requirements may be imposed to
mitigate the discharge of FOG into the sewer system. The FOG Control
Program Manager's determination to grant the waiver with a Grease
Disposal Mitigation Fee will be based upon, but not limited to, evaluation
of the following conditions:
1.
There is no adequate space for installation and/or maintenance of
a grease interceptor.
2.
There is no adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the
grease interceptor and the private collection lines or the public
sewer.
3.
A variance from grease interceptor installation to allow alternative
pretreatment technology cannot be granted.
WS&S - OXS:pj:#l89145:10/22/04
15
D.
Application for Waiver or Variance of Requirement for Grease Interceptor
A Food Service Establishment may submit an application for waiver or
variance from the grease interceptor requirement to the FOG Control
Program Manager. The Food Service Establishment bears the burden of
demonstrating, to the FOG Control Program Manager's reasonable
satisfaction, that the installation of a grease interceptor is not feasible or
applicable. Upon determination by the FOG Control Program Manager
that reasons are sufficient to justify a variance or waiver, the permit will be
issued or revised to include the variance or waiver and relieve the Food
Service Establishment from the requirement.
E.
Terms and conditions
A variance or waiver shall contain terms and conditions that serve as
basis for its issuance. A waiver or variance may be revoked at any time
when any of the terms and conditions for its issuance is not satisfied or if
the conditions upon which the waiver was based change so that the
justification for the waiver no longer exists. The waiver or variance shall
be valid so long as the Food Service Establishment remains in
compliance with their terms and conditions until the expiration date
specified in the variance or waiver.
2.7
COMMERCIAL PROPERTIES
Property owners of commercial properties or their official designee(s) shall be
responsible for the installation and maintenance of the grease interceptor serving
multiple Food Service Establishments that are located on a single parcel.
2.8
GREASE DISPOSAL MITIGATION FEE
Food Service Establishments that operate without a grease control interceptor
may be required to pay an annual Grease Disposal Mitigation Fee to equitably
cover the costs of increased maintenance of the sewer system as a result of the
Food Service Establishments' inability to adequately remove FOG from its
wastewater discharge. This Section shall not be interpreted to allow the new
construction of, or existing Food Service Establishments undergoing remodeling
or change in operations to operate without an approved grease interceptor
unless the District has determined that it is impossible or impracticable to install
or operate a grease control interceptor for the subject facility under the provisions
of Section 2.6 of this Ordinance.
A.
The Grease Disposal Mitigation Fee shall be established by ordinance or
resolution of the Board of Directors, and shall be based on the estimated
annual increased cost of maintaining the sewer system for inspection and
removal of FOG and other viscous or solidifying agents attributable to the
Food Service Establishment resulting from the lack of a grease
interceptor or grease control device.
WS&S - OXS:pj:#189145:10/22/04
16
2.9
B.
The Grease Disposal Mitigation Fee may be waived or reduced on a no
less than an annual basis when the discharger demonstrates to the
reasonable satisfaction of the FOG Control Program Manager that they
had used best management and waste minimization practices on a
regular basis that has significantly reduced the introduction of FOG into
the sewer system.
C.
The Grease Disposal Mitigation Fee may not be waived or reduced when
the Food Service Establishment does not comply with the minimum
requirements of this Ordinance and/or its discharge into the sewer system
in the preceding 12 months has caused or potentially caused or
contributed alone or collectively, in sewer blockage or SSO in the sewer
downstream, or surrounding the Food Service Establishment prior to the
waiver request.
SEWER SYSTEM OVERFLOWS, PUBLIC NUISANCE, ABATEMENT ORDERS
AND CLEANUP COSTS
Notwithstanding the three-year amortization period established in Section 2.5,
Food Service Establishments found to have contributed to a sewer blockage,
SSOs or any sewer system interferences resulting from the discharge of
wastewater or waste containing FOG, shall be ordered to install and maintain a
grease interceptor, and may be subject to a plan to abate the nuisance and
prevent any future health hazards created by sewer line failures and blockages,
SSOs or any other sewer system interferences. SSOs may cause threat and
injury to public health, safety, and welfare of life and property and are hereby
declared public nuisances. Furthermore, sewer lateral failures and SSOs caused
by Food Service Establishments alone or collectively, are the responsibility of the
private property owner or Food Service Establishment, and individual(s) as a
responsible officer or owner of the Food Service Establishment. If the District
must act immediately to contain and clean up an SSO caused by blockage of a
private or public sewer lateral or system serving a Food Service Establishment ,
or at the request of the property owner or operator of the Food Service
Establishment, or because of the failure of the property owner or Food Service
Establishment to abate the condition causing immediate threat of injury to the
health, safety, welfare, or property of the public, the District's costs for such
abatement may be entirely borne by the property owner or operator of the Food
Service Establishment, and individual(s) as a responsible officer or owner of the
Food Service Establishment(s) and may constitute a debt to the District and
become due and payable upon the District's request for reimbursement of such
costs.
WS&S - OXS:pj:#l89145:10/22/04
17
ARTICLE 3-FOG WASTEWATER DISCHARGE PERMITS FOR FOOD SERVICE
ESTABLISHMENTS
3.1
3.2
FOG WASTEWATER DISCHARGE PERMIT REQUIRED
A.
Food Service Establishments proposing to discharge or currently
discharging wastewater containing FOG into the District's sewer system
shall obtain a FOG Wastewater Discharge Permit from the District.
B.
FOG Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
and fees established by the District. The conditions of FOG Wastewater
Discharge Permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations.
FOG WASTEWATER DISCHARGE PERMIT APPLICATION
A.
Any person required to obtain a FOG Wastewater Discharge Permit shall
complete and file with the District prior to commencing or continuing
discharges, an application in a form prescribed by the District. The
applicable fees shall accompany this application. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information at a minimum:
1.
Name, address, telephone number, assessor's parcel number(s),
description of the Food Service Establishment, operation, cuisine,
service activities, or clients using the applicant's services.
2.
(Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the Food Service
Establishment; Articles of Incorporation; most recent Report of the
Secretary of State; Business License.
3.
Name and address of property owner or lessor and the property
manager where the Food Service Establishment is located.
4.
Any other information as specified in the application form.
B.
Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances
by size, location, and elevation for evaluation.
C.
Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D.
After evaluation of the data furnished, the District may issue a FOG
Wastewater Discharge Permit, subject to terms and conditions set forth in
WS&S - OXS:pj:#189145:10/22/04
18
this Ordinance and as otherwise determined by the FOG Control Program
Manager to be appropriate to protect the District's sewer system.
3.3
FOG WASTEWATER DISCHARGE PERMIT CONDITIONS
The issuance of a FOG Wastewater Discharge Permit may contain any of the
following conditions or limits:
3.4
A.
Limits on discharge of FOG and other priority pollutants.
B.
Requirements for proper operation and maintenance
interceptors and other grease control devices.
C.
Grease interceptor maintenance frequency and schedule.
D.
Requirements for implementation of Best Management Practices and
installation of adequate grease interceptor and/or grease control device.
E.
Requirements for maintaining and reporting status of Best Management
Practices
F.
Requirements for maintaining and submitting logs and records, including
wastehauling records and waste manifests.
G.
Requirements to self-monitor.
H.
Requirements for the Food Service Establishment to construct, operate
and maintain, at its own expense, FOG control device and sampling
facilities.
I.
Additional requirements as otherwise determined to be reasonably
appropriate by the FOG Control Program Manager to protect the District's
system or as specified by other Regulatory Agencies.
J.
Other terms and conditions, which may be reasonably applicable to
ensure compliance with this Ordinance.
of
grease
FOG WASTEWATER DISCHARGE PERMIT APPLICATION FEE
The FOG Wastewater Discharge Permit Application fee shall be paid by the
applicant in an amount adopted by ordinance or resolution of the Board of
Directors of the District. Payment of permit application fee must be received by
the District upon submission of the permit application. A permittee shall also pay
any delinquent invoices in full prior to permit renewal.
3.5
FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND
CONDITIONS
A.
The terms and conditions of an issued permit may be subject to
modification and change by the sole determination of the FOG Control
Program Manager during the life of the permit based on:
WS&S - OXS:pj:#l89145:10/22/04
19
3.6
1.
The discharger's current or anticipated operating data;
2.
The District's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect
the District; or
4.
A determination by the FOG Control Program Manager that such
modification is appropriate to further the objectives of this
Ordinance.
B.
The Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The FOG Control Program
Manager shall review the request, make a determination on the request,
and respond in writing.
C.
The Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL
FOG Wastewater Discharge Permits shall be issued for a period not to exceed
four (4) years. At least 60 days prior to the expiration of the permit, the user shall
apply for renewal of the permit in accordance with the provisions of this Article 3.
3.7
EXEMPTION FROM FOG WASTEWATER DISCHARGE PERMIT
A limited food preparation establishment is not considered a Food Service
Establishment and is exempt from obtaining a FOG Wastewater Discharge
Permit. Exempted establishments shall be engaged only in reheating, hot holding
or assembly of ready to eat food products and as a result, there is no wastewater
discharge containing significant amount of FOG. A limited food preparation
establishment does not include any operation that changes the form, flavor, or
consistency of food.
3.8
NON-TRANSFERABILITY OF PERMITS
FOG Wastewater Discharge Permits issued under this Ordinance are for a
specific Food Service Establishment, for a specific operation and create no
vested rights.
A.
No permit holder shall assign, transfer, sell any FOG Wastewater
Discharge Permit issued under this Ordinance nor use any such permit
for or on any premises or for facilities or operations or discharges not
expressly encompassed within the underlying permit.
B.
Any permit which is transferred to a new owner or operator or to a new
facility is void.
WS&S - OXS:pj:#189145:10/22/04
20
3.9
FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE
A charge to cover all costs of the District for providing the sewer service and
monitoring shall be established by Ordinance or Resolution of the Board of
Directors of the District.
WS&S - OXS:pj:#189145:10/22/04
21
ARTICLE 4 - FACILITIES REQUIREMENTS
4.1
DRAWING SUBMITTAL REQUIREMENTS
Upon request by the District:
4.2
A.
Food Service Establishments may be required to submit two copies of
facility site plans, mechanical and plumbing plans, and details to show all
sewer locations and connections. The submittal shall be in a form and
content acceptable to the District for review of existing or proposed
grease control device, grease interceptor, monitoring facilities, metering
facilities, and operating procedures. The review of the plans and
procedures shall in no way relieve the Food Service Establishments of
the responsibility of modifying the facilities or procedures in the future, as
necessary to produce an acceptable discharge, and to meet the
requirements of this Ordinance or any requirements of other Regulatory
Agencies.
B.
Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances
by size, location, and elevation for evaluation.
C.
Food Service Establishments may be required to submit a schematic
drawing of the FOG control device, grease interceptor or other
pretreatment equipment, piping and instrumentation diagram, and
wastewater characterization report.
D.
The District may require the drawings be prepared by a California
Registered Civil, Chemical, Mechanical, or Electrical Engineer.
GREASE INTERCEPTOR REQUIREMENTS
A.
All Food Service Establishments shall provide wastewater acceptable to
the District, under the requirements and standards established herein
before discharging to any public sewer. Any Food Service Establishment
required to provide FOG pretreatment shall install, operate, and maintain
an approved type and adequately sized grease interceptor necessary to
maintain compliance with the objectives of this Ordinance.
B.
Grease interceptor sizing and installation shall conform to the current
edition of the Uniform Plumbing Code. Grease interceptors shall be
constructed in accordance with the design approved by the FOG Control
Program Manager and shall have a minimum of two compartments with
fittings designed for grease retention.
C.
The grease interceptor shall be installed at a location where it shall be at
all times easily accessible for inspection, cleaning, and removal of
accumulated grease.
WS&S - OXS:pj:#189145:10/22/04
22
D.
4.3
4.4
Access manholes, with a m1n1mum diameter of 24 inches, shall be
provided over each grease interceptor chamber and sanitary tee. The
access manholes shall extend at least to finished grade and be designed
and maintained to prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspection, grease
removal, and wastewater sampling activities.
GREASE TRAP REQUIREMENTS
A.
Food Service Establishments may be required to install grease traps in
the waste line leading from drains, sink, and other fixtures or equipment
where grease may be introduced into the sewer system in quantities that
can cause blockage.
B.
Sizing and installation of grease traps shall conform to the current edition
of the California Plumbing Code.
C.
Grease traps shall be maintained in efficient operating conditions by
removing accumulated grease on a daily basis.
D.
Grease traps shall be maintained free of all food residues and any FOG
waste removed during the cleaning and scraping process.
E.
Grease traps shall be inspected periodically to check for leaking seams
and pipes, and for effective operation of the baffles and flow regulating
device. Grease traps and their baffles shall be maintained free of all
caked-on FOG and waste. Removable baffles shall be removed and
cleaned during the maintenance process.
F.
Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
MONITORING FACILITIES REQUIREMENTS
A.
The District may require the Food Service Establishments to construct
and maintain in proper operating condition at the Food Service
Establishment's sole expense, flow monitoring, constituent monitoring
and/or sampling facilities.
B.
The location of the monitoring or metering facilities shall be subject to
approval by the FOG Control Program Manager.
C.
Food Service Establishments may be required to provide immediate,
clear, safe and uninterrupted access to the FOG Control Program
Manager or inspectors to the Food Service Establishment's monitoring
and metering facilities.
D.
Food Service Establishments may also be required by the FOG Control
Program Manager to submit waste analysis plans, contingency plans, and
meet other necessary requirements to ensure proper operation and
WS&S - OXS:pj:#l89145:10/22/04
23
maintenance of the grease control device or grease interceptor and
compliance with this Ordinance.
E.
4.5
No Food Service Establishment shall increase the use of water or in any
other manner attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this Ordinance and
the FOG Wastewater Discharge Permit.
REQUIREMENTS FOR BEST MANAGEMENT PRACTICES
A.
All Food Service Establishments shall implement best management
practices in accordance with the requirements and guidelines established
by the District under its FOG Control Program in an effort to minimize the
discharge of FOG to the sewer system.
B.
All Food Service Establishments shall be required, at a minimum, to
comply with the following Best Management Practices, when applicable:
1.
Installation of drain screens. Drain screens shall be installed on
all drainage pipes in food preparation areas.
2.
Segregation and collection of waste cooking oil. All waste cooking
oil shall be collected and stored properly in recycling receptacles
such as barrels or drums. Such recycling receptacles shall be
maintained properly to ensure that they do not leak. Licensed
wastehaulers or an approved recycling facility must be used to
dispose of waste cooking oil.
3.
Disposal of food waste. All food waste shall be disposed of
directly into the trash or garbage, and not in sinks. Doublebagging food wastes that have the potential to leak in trash bins is
highly recommended.
4.
Employee training. Employees of the food service establishment
shall be trained by ownership/management periodically as
specified in the permit, on the following subjects:
a)
How to "dry wipe" pots, pans, dishware and work areas
before washing to remove grease.
b)
How to properly dispose of food waste and solids in
enclosed plastic bags prior to disposal in trash bins or
containers to prevent leaking and odors.
c)
The location and use of absorption products to clean under
fryer baskets and other locations where grease may be
spilled or dripped.
WS&S - OXS:pj:#189145:10/22/04
24
d)
How to properly dispose of grease or oils from cooking
equipment into a grease receptacle such as a barrel or
drum without spilling.
Training shall be documented and employee signatures retained
indicating each employee's attendance and understanding of the
practices reviewed. Training records shall be available for review
at any reasonable time by the FOG Control Program Manager or
an inspector.
4.6
5.
Maintenance of kitchen exhaust filters. Filters shall be cleaned as
frequently as necessary to be maintained in good operating
condition. The wastewater generated from cleaning the exhaust
filter shall be disposed properly.
6.
Kitchen signage. Best management and waste minimization
practices shall be posted conspicuously in the food preparation
and dishwashing areas at all times.
GREASE INTERCEPTOR MAINTENANCE REQUIREMENTS
A.
Grease Interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor which includes
wastewater, accumulated FOG, floating materials, sludge and solids.
B.
All existing and newly installed grease interceptors shall be maintained in
a manner consistent with a maintenance frequency approved by the FOG
Control Program Manager pursuant to this section.
C.
No FOG that has accumulated in a grease interceptor shall be allowed to
pass into any sewer lateral, sewer system, storm drain, or public right of
way during maintenance activities.
D.
Food Service Establishments with grease interceptors may be required to
submit data and information necessary to establish the maintenance
frequency grease interceptors.
E.
The maintenance frequency for all Food Service Establishments with a
grease interceptor shall be determined in one of the following methods:
1.
Grease interceptors shall be fully pumped out and cleaned at a
frequency such that the combined FOG and solids accumulation
does not exceed 25% of the total design hydraulic depth of the
grease interceptor. This is to ensure that the minimum hydraulic
retention time and required available hydraulic volume is
maintained to effectively intercept and retain FOG discharged to
the sewer system.
WS&S - OXS:pj:#l89145:10/22/04
25
F.
2.
All Food Service Establishments with a Grease Interceptor shall
maintain their grease interceptor not less than every 6 months.
3.
Grease interceptors shall be fully pumped out and cleaned
quarterly when the frequency described in (1) has not been
established. The maintenance frequency shall be adjusted when
sufficient data have been obtained to establish an average
frequency based on the requirements described in (1) and
guidelines adopted pursuant to the FOG Control Program. The
District may change the maintenance frequency at any time to
reflect changes in actual operating conditions in accordance with
the FOG Control Program. Based on the actual generation of FOG
from the Food Service Establishment, the maintenance frequency
may increase or decrease.
4.
The owner/operator of a Food Service Establishment may submit
a request to the FOG Control Program Manager requesting a
change in the maintenance frequency at any time. The Food
Service Establishment has the burden of responsibility to
demonstrate that the requested change in frequency reflects
actual operating conditions based on the average FOG
accumulation over time and meets the requirements described in
(1 ), and that it is in full compliance with the conditions of its permit
and this Ordinance. Upon determination by the FOG Control
Program Manager that requested revision is justified, the permit
shall be revised accordingly to reflect the change in maintenance
frequency.
5.
If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in
(1), the Food Service Establishment shall be required to have the
grease interceptor serviced immediately such that all fats, oils,
grease, sludge, and other materials are completely removed from
the grease interceptor. If deemed necessary, the FOG Control
Program Manager may also increase the maintenance frequency
of the grease interceptor from the current frequency.
Wastewater, accumulated FOG, floating materials, sludge/solids, and
other materials removed from the grease interceptor shall be disposed off
site properly by wastehaulers in accordance with federal, state and/or
local laws.
WS&S - OXS:pj:#189145:10/22/04
26
ARTICLE 5- MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
5.1
MONITORING AND REPORTING CONDITIONS
A.
B.
Monitoring for Compliance with
Requirements
Permit
Conditions and Reporting
1.
The FOG Control Program Manager may require periodic
reporting of the status of implementation of Best Management
Practices, in accordance with the FOG Control Program.
2.
The
FOG Control Program Manager may require visual
monitoring at the sole expense of the Permittee to observe the
actual conditions of the Food Service Establishment's sewer
lateral and sewer lines downstream.
3.
The FOG Control Program Manager may require reports for
self-monitoring
of
wastewater
constituents
and
FOG
characteristics of the Permittee needed for determining
compliance with any conditions or requirements as specified in the
FOG Wastewater Discharge Permit or this Ordinance. Monitoring
reports of the analyses of wastewater constituents and FOG
characteristics shall be in a manner and form approved by the
FOG Control Program Manager and shall be submitted upon
request of the FOG Control Program Manager. Failure by the
Permittee to perform any required monitoring, or to submit
FOG Control Program
monitoring reports required by the
Manager constitutes a violation of this Ordinance and be cause for
the District to initiate all necessary tasks and analyses to
determine the wastewater constituents and FOG characteristics
for compliance with any conditions and requirements specified in
the FOG Wastewater Discharge Permit or in this Ordinance. The
Permittee shall be responsible for any and all expenses of the
District in undertaking such monitoring analyses and preparation
of reports.
4.
Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other
reports deemed reasonably appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
Record Keeping Requirements
The Permittee shall be required to keep all manifests, receipts and
invoices of all cleaning, maintenance, grease removal of/from the grease
control device, disposal carrier and disposal site location for no less than
two years. The Permittee shall, upon request, make the manifests,
WS&S - OXS:pj:#189145:10/22/04
27
receipts and invoices available to any District representative, or inspector.
These records may include:
C.
1.
A logbook of grease interceptor, grease trap or grease control
device cleaning and maintenance practices.
2.
A record of Best Management Practices being implemented
including employee training.
3.
Copies of records and manifests of wastehauling interceptor
contents.
4.
Records of sampling data and sludge height monitoring for FOG
and solids accumulation in the grease interceptors.
5.
Records of any spills and/or cleaning of the lateral or sewer
system.
6.
Any other information deemed appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
Falsifying Information or Tampering with Process
It shall be unlawful to make any false statement, representation, record,
report, plan or other document that is filed with the District, or to tamper
with or knowingly render inoperable any grease control device, monitoring
device or method or access point required under this Ordinance.
5.2
INSPECTION AND SAMPLING CONDITIONS
A.
The FOG Control Program Manager may inspect or order the inspection
and sample the wastewater discharges of any Food Service
Establishment to ascertain whether the intent of this Ordinance is being
met and the Permittee is complying with all requirements. The Permittee
shall allow the District access to the Food Service Establishment
premises, during normal business hours, for purposes of inspecting the
Food Service Establishment's grease control devices or interceptor,
reviewing the manifests, receipts and invoices relating to the cleaning,
maintenance and inspection of the grease control devices or interceptor.
B.
The FOG Control Program Manager shall have the right to place or order
the placement on the Food Service Establishment's property or other
locations as determined by the FOG Control Program Manager, such
devices as are necessary to conduct sampling or metering operations.
Where a Food Service Establishment has security measures in force, the
Permittee shall make necessary arrangements so that representatives of
the District shall be permitted to enter without delay for the purpose of
performing their specific responsibilities.
WS&S - OXS:pj:#l89145:10/22/04
28
C.
5.3
In order for the FOG Control Program Manager to determine the
wastewater characteristics of the discharger for purposes of determining
the annual use charge and for compliance with permit requirements, the
Permittee shall make available for inspection and copying by the District
all notices, monitoring reports, waste manifests, and records including,
but not limited to, those related to wastewater generation, and
wastewater disposal without restriction but subject to the confidentiality
provision set forth in this Ordinance. All such records shall be kept by the
Permittee a minimum of two (2) years.
RIGHT OF ENTRY
Persons or occupants of premises where wastewater is created or discharged
shall allow the FOG Control Program Manager, or District representatives,
reasonable access to all parts of the wastewater generating and disposal
facilities for the purposes of inspection and sampling during all times the
discharger's facility is open, operating, or any other reasonable time. No person
shall interfere with, delay, resist or refuse entrance to District representatives
attempting to inspect any facility involved directly or indirectly with a discharge of
wastewater to the District's sewer system. In the event of an emergency involving
actual or imminent sanitary sewer overflow, District's representatives may access
adjoining businesses or properties which share a sewer system with a Food
Service Establishment in order to prevent or remediate an actual or imminent
sanitary overflow.
5.4
NOTIFICATION OF SPILL
A.
In the event a permittee is unable to comply with any permit condition due
to a breakdown of equipment, accidents, or human error or the Permittee
has reasonable opportunity to know that his/her/its discharge will exceed
the discharge provisions of the FOG Wastewater Discharge Permit or this
Ordinance, the discharger shall immediately notify the District by
telephone at the number specified in the Permit.
If the material
discharged to the sewer has the potential to cause or result in sewer
blockages or SSOs, the discharger shall immediately notify the local
Health Department, City or County, and the District.
B.
Confirmation of this notification shall be made in writing to the FOG
Control Program Manager at the address specified in the Permit no later
than five (5) working days from the date of the incident. The written
notification shall state the date of the incident, the reasons for the
discharge or spill, what steps were taken to immediately correct the
problem, and what steps are being taken to prevent the problem from
recurring.
C.
Such notification shall not relieve the Permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage or
loss to the District or any other damage or loss to person or property; nor
shall such notification relieve the Permittee of any fees or other liability
which may be imposed by this Ordinance or other applicable law.
WS&S - OXS:pj:#189145:10/22/04
29
5.5
NOTIFICATION OF PLANNED CHANGES
Permittee shall notify the District at least 60 days in advance prior to any facility
expansion/remodeling, or process modifications that may result in new or
substantially increased FOG discharges or a change in the nature of the
discharge. Permittee shall notify the District in writing of the proposed expansion
or remodeling and shall submit any information requested by the District for
evaluation of the effect of such expansion on Permittee's FOG discharge to the
sewer system.
WS&S - OXS:pj:#l89145:10/22/04
30
ARTICLE 6 - ENFORCEMENT
6.1
PURPOSES AND SCOPE
A.
The Board of Directors finds that in order for the District to comply with
the laws, regulations, and rules imposed upon it by Regulatory Agencies
and to ensure that the District's sewer facilities are protected and are able
to operate with the highest degree of efficiency, and to protect the public
health and environment, specific enforcement provisions must be adopted
to govern the discharges to the District's system by Food Service
Establishments.
B.
To ensure that all interested parties are afforded due process of law and
that violations are resolved as soon as possible, the general policy of the
District is that:
C.
6.2
1.
Any determination relating to a notice of violation and Compliance
Schedule Agreement (CSA) will be made by the FOG Control
Program Manager, with a right of appeal by the permittee to the
General Manager pursuant to the procedures set forth in Section
6.12.
2.
A permittee, or applicant for a permit may request the Board of
Directors of the District to hear an appeal of the General
Manager's decision pursuant to Section 6.13. Such request may
be granted or denied by the Board of Directors.
3.
Any permit suspension or revocation recommended by the FOG
Control Program Manager will be heard and a recommendation
made to the General Manager or other person designated by the
General Manager with a right of appeal of the General Manager's
order by the permittee to the Board of Directors pursuant to the
provisions of Section 6.13.
The District, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in Article 6 in response to any permit or
Ordinance violations.
DETERMINATION OF NONCOMPLIANCE
DISCHARGE PERMIT CONDITIONS
A.
WITH
FOG
WASTEWATER
Inspection Procedures
1.
Inspection of Food Service Establishments shall be conducted in
the time, place, manner, and frequency determined at the sole
discretion of the FOG Control Program Manager.
2.
Noncompliance with Best Management Practices, 25% Rule for
grease interceptors, maintenance frequency requirements for
WS&S - OXS:pj:#l89145:10/22/04
31
grease interceptors, permit discharge conditions, or any discharge
provisions of this Ordinance may be determined by an inspection
of the Food Service Establishment.
B.
C.
Sampling Procedures
1.
Sampling of Food Service Establishments shall be conducted in
the time, place, manner, and frequency determined at the sole
discretion of the District.
2.
Non-compliance with mass em1ss1on rate limits, concentration
limits, permit discharge conditions, or any discharge provision of
this Ordinance may be determined by an analysis of a grab or
composite sample of the effluent of a user. Non-compliance with
mass emission rate limits shall be determined by an analysis of a
composite sample of the user's effluent, except that a grab sample
may be used to determine compliance with mass emission rate
limits when the discharge is from a closed (batch) treatment
system in which there is no wastewater flow into the system when
the discharge is occurring, the volume of wastewater contained in
the batch system is known, the time interval of discharge is
known, and the grab sample is homogeneous and representative
of the discharge.
3.
Any sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
Noncompliance Fees
Any permittee determined to be in noncompliance with the terms and
conditions specified in its permit or with any provision of this Ordinance
shall pay a noncompliance fee. The purpose of the noncompliance fee is
to compensate the District for costs of additional inspection and follow-up,
sampling, monitoring, laboratory analysis, treatment, disposal, and
administrative processing incurred as a result of the noncompliance, and
shall be in addition to and not in lieu of any penalties as may be assessed
pursuant to Sections 6.10 and 6.11. Noncompliance fees shall be in the
amount adopted by ordinance or resolution by the District's Board of
Directors.
6.3
COMPLIANCE SCHEDULE AGREEMENT (CSA)
A.
Upon determination that a permittee is in noncompliance with the terms
and conditions specified in its permit or any provision of this Ordinance, or
needs to construct and/or acquire and install a grease control device or
grease interceptor, the FOG Control Program Manager may require the
permittee to enter into a CSA.
B.
The issuance of a CSA may contain terms and conditions including but
not limited to requirements for installation of a grease control device,
WS&S - OXS:pj:#189145:10/22/04
32
grease interceptor and facilities, submittal of drawings or reports, audit of
waste hauling records, best management and waste minimization
practices, payment of fees, or other provisions to ensure compliance with
this Ordinance.
6.4
C.
The FOG Control Program Manager shall not enter into a CSA until such
time as all amounts owed to the District, including user fees,
noncompliance sampling fees, or other amounts due are paid in full, or
an agreement for deferred payment secured by collateral or a third party,
is approved by the FOG Control Program Manager.
D.
If compliance is not achieved in accordance with the terms and conditions
of a CSA during its term, the FOG Control Program Manager may issue
an order suspending or revoking the discharge permit pursuant to Section
6.4 or 6.5 of this Ordinance.
PERMIT SUSPENSION
A.
B.
The General Manager may suspend any permit when it is determined that
a permittee:
1.
Fails to comply with the terms and conditions of a CSA order.
2.
Knowingly provides a false statement, representation, record,
report, or other document to the District.
3.
Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms or conditions,
discharge compliance, or compliance with this Ordinance.
4.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5.
Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
6.
Does not make timely payment of all amounts owed to the District
for user charges, permit fees, or any other fees imposed pursuant
to this Ordinance.
7.
Causes interference, sewer blockages, or SSOs with the District's
collection, treatment, or disposal system.
8.
Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of the
District's Ordinance.
When the FOG Control Program Manager has reason to believe that
grounds exist for permit suspension, he/she shall give written notice
thereof by certified mail to the permittee setting forth a statement of the
facts and grounds deemed to exist, together with the time and place
WS&S - OXS:pj:#l89145:10/22/04
33
where the charges shall be heard by the General Manager or his/her
designee. The hearing date shall be not less than fifteen (15) calendar
days nor more than forty-five (45) calendar days after the mailing of such
notice.
C.
6.5
1.
At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by the District's General Counsel.
2.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
3.
Upon receipt of the written report of a hearing officer or conclusion
of the hearing, if the General Manager conducted the hearing, the
General Manager shall make his/her determination and should
he/she find that grounds exist for suspension of the permit, he/she
shall issue his/her decision and order in writing within thirty (30)
calendar days after the conclusion of the hearing. The written
decision and order of the General Manager shall be sent by
certified mail to the permittee or its legal counsel/representative at
the permittee's business address.
Effect
1.
Upon an order of suspension by the General Manager becoming
final, the permittee shall immediately cease and desist its
discharge and shall have no right to discharge any wastewater
containing FOG directly or indirectly to the District's system for the
duration of the suspension. All costs for physically terminating
and reinstating service shall be paid by the permittee.
2.
Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
3.
An order of permit suspension issued by the General Manager
shall be final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with
the Board of Directors of the District pursuant to Section 6.13. no
later than 5:00 p.m. on the fifteenth (15th) day following such
mailing.
PERMIT REVOCATION
A.
The General Manager may revoke any permit when it is determined that a
permittee:
WS&S - OXS:pj:#189145:10/22/04
34
B.
1.
Knowingly provides a false statement, representation, record,
report, or other document to the District.
2.
Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions,
discharge compliance, or compliance with this Ordinance.
3.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4.
Fails to comply with the terms and conditions of permit suspension
or CSA.
5.
Discharges effluent to the District's sewer system while its permit
is suspended.
6.
Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
7.
Does not make timely payment of all amounts owed to the District
for user charges, permit fees, or any other fees imposed pursuant
to this Ordinance.
8.
Causes interference, sewer blockages, or SSOs with the District
collection, treatment, or disposal system.
9.
Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of the
District's Ordinance.
Aooroval. When the FOG Control Program Manager has reason to
believe that grounds exist for the revocation of a permit, he/she shall give
written notice by certified mail thereof to the permittee setting forth a
statement of the facts and grounds deemed to exist together with the time
and place where the charges shall be heard by the General Manager or
his/her designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) calendar days after the
mailing of such notice.
1.
At the hearing, the permittee shall have an opportunity to respond
to the allegations set forth in the notice by presenting written or
oral evidence. The revocation hearing shall be conducted in
accordance with the procedures established by the General
Manager and approved by the District's General Counsel.
2.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
WS&S - OXS:pj:#189145:10/22/04
35
3.
Upon receipt of the written report by the hearing officer, or
conclusion of the hearing, if the General Manager conducted the
hearing, the General Manager shall make his/her determination
and should he/she find that grounds exist for permanent
revocation of the permit, he/she shall issue his/her decision and
order in writing within thirty (30) calendar days after the conclusion
of the hearing. The written decision and order of the General
Manager shall be sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under terms
and conditions that he/she deems appropriate.
C.
6.6
Effect
1.
Upon an order of revocation by the General Manager becoming
final, the permittee shall permanently lose all rights to discharge
any wastewater containing FOG directly or indirectly to the
District's system. All costs for physical termination shall be paid
by the permittee.
2.
Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
3.
Any future application for a permit at any location within the
District by any person associated with an order of revocation will
be considered by the District after fully reviewing the records of
the revoked permit, which records may be the basis for denial of a
new permit.
4.
An order of permit revocation issued by the General Manager
shall be final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with
the Board of Directors pursuant to Section 6.13 no later than 5:00
p.m. on the fifteenth (15th) day following such mailing.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A.
Any person who discharges any waste which causes or contributes to any
sewer blockage, SSOs, obstruction, interference, damage, or any other
impairment to the District's sewer facilities or to the operation of those
facilities shall be liable for all costs required to clean or repair the facilities
together with expenses incurred by the District to resume normal
operations. A service charge of twenty-five percent (25%) of District's
costs shall be added to the costs and charges to reimburse the District for
miscellaneous overhead, including administrative personnel and record
keeping. The total amount shall be payable within forty five (45) days of
invoicing by the District.
WS&S - OXS:pj:#189145:10/22/04
36
B.
6.7
Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to
the facilities, shall be liable for any costs or expenses incurred by the
District, including regulatory fines, penalties, and assessments made by
other agencies or a court.
PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any
order issued by the FOG Control Program Manager or General Manager, as
authorized by this Ordinance, is hereby declared a public nuisance and shall be
corrected or abated as directed by the FOG Control Program Manager or
General Manager. Any person creating a public nuisance is guilty of a
misdemeanor.
6.8
TERMINATION OF SERVICE
A.
B.
6.9
The District, by order of the General Manager, may physically terminate
sewer service to any property as follows:
1.
On a term of any order of suspension or revocation of a permit; or
2.
Upon the failure of a person not holding a valid FOG Wastewater
Discharge Permit to immediately cease the discharge, whether
direct or indirect, to the District's sewer facilities after the notice
and process in Section 6.5 herein.
All costs for physical termination shall be paid by the owner or operator of
the Food Service Establishment or permittee as well as all costs for
reinstating service.
EMERGENCY SUSPENSION ORDER
A.
The District may, by order of the General Manager, suspend sewer
service when the General Manager determines that such suspension is
necessary in order to stop an actual or impending discharge which
presents or may present an imminent or substantial endangerment to the
health and welfare of persons, or to the environment, or may cause
SSOs, sewer blockages, interference to the District's sewer facilities, or
may cause the District to violate any State or Federal Law or Regulation.
Any discharger notified of and subject to an Emergency Suspension
Order shall immediately cease and desist the discharge of all wastewater
containing FOG to the sewer system.
B.
As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (5)
business days following the issuance of such order, the General
Manager shall hold a hearing to provide the Food Service Establishment
or Permittee the opportunity to present information in opposition to the
issuance of the Emergency Suspension Order. Such a hearing shall not
WS&S - OXS:pj:#189145:10/22/04
37
stay the effect of the Emergency Suspension Order. The hearing shall be
conducted in accordance with procedures established by the General
Manager and approved by the District's General Counsel. The General
Manager shall issue a written decision and order within two (2) business
days following the hearing, which decision shall be sent by certified mail
to the Food Service Establishment or its legal counsel/representative at
that Food Service Establishment's business address. The decision of the
General Manager following the hearing shall be final and not appealable
to the Board, but may be subject to judicial review pursuant to Section
6.16.
6.10
CIVIL PENALTIES
A.
All users of the District's system and facilities are subject to enforcement
actions administratively or judicially by the District, U.S. EPA, State of
California Regional Water Quality Control Board, the County of Orange or
District Attorney. Said actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water
Quality Control Act (California Water Code Section 13000 et seq.); (3)
California Hazardous Waste Control Law (California Health & Safety
Code Sections 25100 to 25250);
(4) Resource Conservation and
Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5)
California Government Code, Sections 54739-54740.
B.
In the event the District is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by the District, as caused
by the discharge of any user of the District's system which is in violation
of any provision of the District's Ordinance or the user's permit, the
District shall be entitled to recover from the user all costs and expenses,
including, but not limited to, the full amount of said fines or penalties to
which it has been subjected.
C.
Pursuant to the authority of California Government Code Sections 54739
- 54740, any person who violates any provision of this Ordinance; any
permit condition, prohibition or effluent limit; or any suspension or
revocation order shall be liable civilly for a sum not to exceed $25,000.00
per violation for each day in which such violation occurs. Pursuant to the
authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any
person who violates any provision of this Ordinance, or any permit
condition, prohibition, or effluent limit shall be liable civilly for a sum not to
exceed $25,000.00 per violation for each day in which such violation
occurs. The General Counsel of the District, upon request of the General
Manager, shall petition the Superior Court to impose, assess, and recover
such penalties, or such other penalties as the District may impose,
assess, and recover pursuant to Federal and/or State legislative
authorization.
WS&S - OXS:pj:#l89145:10/22/04
38
D.
Administrative Civil Penalties
1.
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the District may issue an administrative
complaint to any person who violates:
a)
any provision of this Ordinance;
b)
any permit condition, prohibition, or effluent limit; or
c)
any suspension or revocation order.
2.
The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
sixty (60) days following service. The administrative complaint will
allege the act or failure to act that constitutes the violation of the
District's regulations, the provisions of law authorizing civil liability
to be imposed, and the proposed civil penalty. The matter shall
be heard by the General Manager or his/her designee. The
person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted.
3.
At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by
presenting written or oral evidence.
The hearing shall be
conducted in accordance with the procedures established by the
General Manager and approved by the District's General Counsel.
4.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
the facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
5.
Upon receipt of the written report by the hearing officer, or
conclusion of the hearing if the General Manager conducted the
hearing, the General Manager shall make his/her determination
and should he/she find that grounds exist for assessment of a civil
penalty against the person, he/she shall issue his/her decision and
order in writing within thirty (30) calendar days after the conclusion
of the hearing .
6.
If, after the hearing or appeal, if any, it is found that the person
has violated reporting or discharge requirements, the General
Manager or Board of Directors may assess a civil penalty against
that person. In determining the amount of the civil penalty, the
General Manager or Board of Directors may take into
consideration all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the economic benefit
WS&S - OXS:pj:#l89145:10/22/04
39
derived through any non-compliance, the nature and persistence
of the violation, the length of time over which the violation occurs,
and corrective action, if any, attempted or taken by the person
involved.
7.
Civil penalties may be assessed as follows:
a)
In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
required reports;
b)
In an amount which shall not exceed three thousand
dollars ($3,000.00) for each day for failing or refusing to
timely comply with any compliance schedules established
by the District;
c)
In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in
violation of any waste discharge limit, permit condition, or
requirement issued, reissued, or adopted by the District;
d)
In any amount which does not exceed ten dollars ($10.00)
per gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the District;
8.
An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first
(31st) day after it is served on the person unless an appeal and
request for hearing is filed with the Board of Directors pursuant to
Section 6.13 no later than the thirtieth (30th) day following such
mailing. An order assessing administrative civil penalties issued
by the Board of Directors shall be final upon issuance.
9.
Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal
service or by registered mail to the person at his/her/its business
or residence address, and upon other persons who appeared at
the hearing and requested a copy of the order.
10.
Any person aggrieved by a final order issued by the Board of
Directors, after granting review of the order of the General
Manager, may obtain review of the order of the Board of Directors
in the superior court, pursuant to Government Code Section
54740.6, by filing in the court a petition for writ of mandate within
thirty (30) days following the service of a copy of the decision or
order issued by the Board of Directors.
11.
Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
WS&S - OXS:pj:#189145:10/22/04
40
The amount of any administrative civil penalties imposed shall
constitute a debt to the District.
12.
6.11
No administrative civil penalties shall be recoverable for any
violation for which the District has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is guilty of a
misdemeanor, which upon conviction is punishable by a fine not to exceed
$1,000.00, or imprisonment for not more than 6 months, or both. Each violation
and each day in which a violation occurs may constitute a new and separate
violation of this Ordinance and shall be subject to the penalties contained herein.
6.12
APPEALS TO GENERAL MANAGER
A.
Any Food Service Establishment, permit applicant or permittee affected
by any decision, action or determination made by the FOG Control
Program Manager or notice of violation issued by any District inspector
may file with the General Manager a written request for an appeal
hearing. The request must be received by the District within fifteen (15)
days of mailing of notice of the decision, action, or determination of the
FOG Control Program Manager to the appellant. The request for hearing
shall set forth in detail all facts supporting the appellant's request.
B.
The General Manager shall, within fifteen (15) days of receiving the
request for appeal, designate a Department Head or other person to hear
the appeal and provide written notice to the appellant of the hearing date,
time and place. The hearing date shall not be more than thirty (30) days
from the mailing of such notice by certified mail to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within
said time due to actions or inactions of the appellant, then the staff
decision shall be deemed final.
C.
At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the FOG Control Program
Manager's decision, action or determination. The hearing shall be
conducted in accordance with procedures established by the General
Manager and approved by the District's General Counsel.
D.
After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting
forth a brief statement of facts found to be true, a determination of the
issues presented, conclusions, and a recommendation whether to uphold,
modify or reverse the FOG Control Program Manager's original decision,
action or determination. Upon receipt of the written report, the General
Manager shall make his/her determination and shall issue his/her
decision and order within thirty (30) calendar days of the hearing by
his/her designee. The written decision and order of the General Manager
WS&S - OXS:pj:#l89145:10/22/04
41
shall be sent by certified mail to the appellant or
counsel/representative at the appellant's business address.
its
legal
The order of the General/City Manager shall be final in all respects on the
sixteenth (16th) day after it is mailed to the appellant unless a request for
hearing is filed with the Board of Directors pursuant to Section 6.13, no
later than 5:00 p.m. on the fifteenth day following such mailing.
6.13
APPEALS TO THE BOARD OF DIRECTORS
A.
Any Food Service Establishment, permit applicant, or permittee adversely
affected by a decision, action, or determination made by the General
Manager may, prior to the date that the General Manager's order
becomes final, file a written request for hearing before the Board of
Directors accompanied by an appeal fee in the amount established by a
separate resolution of the District's Board of Directors. The request for
hearing shall set forth in detail all the issues in dispute for which the
appellant seeks determination and all facts supporting appellant's
request.
No later than sixty (60) days after receipt of the request for hearing, the
Board of Directors shall either set the matter for a hearing, or deny the
request for a hearing.
A hearing shall be held by the Board of Directors within sixty-five (65)
days from the date of determination granting a hearing, unless a later
date is agreed to by the appellant and the Board of Directors. If the
matter is not heard within the required time, due to actions or inactions of
the appellant, the General Manager's order shall be deemed final.
B.
The Board of Directors shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or
deny the request for a hearing on appeals of other decisions of the
General Manager shall be within the sole discretion of the Board of
Directors.
C.
The appeal fee shall be refunded if the Board of Directors denies a
hearing or reverses or modifies, in favor of the appellant, the order of the
General Manager. The fee shall not be refunded if the Board of Directors
denies the appeal.
D.
After the hearing, the Board of Directors shall make a determination
whether to uphold, modify, or reverse the decision, action, or
determination made by the General Manager.
The decision of the Board of Directors shall be set forth in writing within
sixty-five (65) days after the close of the hearing and shall contain a
finding of the facts found to be true, the determination of issues
presented, and the conclusions. The written decision and order of the
Board of Directors shall be sent by certified mail to the appellant or its
legal counsel/representative at the appellant's business address.
WS&S - OXS:pj:#189145:10/22/04
42
The order of the Board of Directors shall be final upon its adoption. In the
event the Board of Directors fails to reverse or modify the General
Manager's order, it shall be deemed affirmed.
6.14
PAYMENT OF CHARGES
A.
Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty-five (45) days after date of
invoice.
B.
Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1.
Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of $1,000.00; and
2.
A penalty of one and one-half percent (1.5%) per month of the
base invoice amount and basic penalty shall accrue from and after
the forty-sixth (46th) day after date of invoice.
C.
Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D.
Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the District receives written notification of
said appeal prior to the payment due date.
E.
Payment of disputed charges is still required by the due date during
District review of any appeal submitted by permittees.
Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the District's policy
resolution establishing procedures for collection of delinquent obligations owed to
the District, as amended from time to time by the Board of Directors. Any such
action for collection may include an application for an injunction to prevent
repeated and recurring violations of this Ordinance.
6.15
FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A.
Delinquent Accounts
The District may require an amendment to the permit of any Permittee
who fails to make payment in full of all fees and charges assessed by the
District, including reconciliation amounts, delinquency penalties, and
other costs or fees incurred by the Permittee.
WS&S - OXS:pj:#189145:10/22/04
43
B.
Bankruptcy
Every Permittee filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes of
discharging its financial debts or obligations or seeking court-ordered,
protection from its creditors, shall, within ten (10) days of filing such
action, apply for and obtain the issuance of an amendment to its permit.
C.
Security
An amendment to a waste discharge permit issued, may be conditioned
upon the Permittee depositing financial security in an amount equal to the
average total fees and charges for two (2) calendar quarters during the
preceding year. Said deposit shall be used to guarantee payment of all
fees and charges incurred for future services and facilities furnished by
District and shall not be used by the District to recover outstanding fees
and charges incurred prior to the Permittee filing and receiving protection
from creditors in the United States Bankruptcy Court.
D.
Return of Security
In the event the Permittee makes payment in full within the time
prescribed by this Ordinance of all fees and charges incurred over a
period of two (2) years following the issuance of an amendment to the
permit, the District shall either return the security deposit posted by the
Permittee or credit their account.
6.16
JUDICIAL REVIEW
A.
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
District hereby enacts this part to limit to ninety (90) days following final
decisions in adjudicatory administrative hearings the time within which an
action can be brought to review such decisions by means of
administrative mandamus.
B.
Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1.
Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit.
2.
Complete Record shall mean and include the transcript, if any
exists, of the proceedings, all pleadings, all notices and orders,
any proposed decision by the District's officers, agents, or
employees, the final decision, all admitted exhibits, all rejected
exhibits in the possession of the District or its officers, agents or
employees, all written evidence, and any other papers in the case.
WS&S - OXS:pj:#l89145:10/22/04
44
C.
Time Limit for Judicial Review. Judicial review of any decision of the
District or its officer or agent may be made pursuant to Section 1094.5 of
the Code of Civil Procedure only if the petition for writ of mandate is filed
not later than the ninetieth (90th) day following the date on which the
decision becomes final. If there is no provision for reconsideration in the
procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision
for reconsideration, the decision is final upon the expiration of the period
during which such reconsideration can be sought; provided that if
reconsideration is sought pursuant to such provision the decision is final
for the purposes of this Section on the date that reconsideration is
rejected.
D.
The complete record of the proceedings shall be prepared by the District
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. The District may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
E.
If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on
which the record is either personally delivered or mailed to the petitioner
or the petitioner's attorney of record, if appropriate.
F.
In making a final decision, the District shall provide notice to the party that
Section 1094.6 of the Code of Civil Procedure governs the time within
which judicial review must be sought.
G.
Notwithstanding the foregoing in this Section 6.16, and pursuant to
Government Code Section 54740.6, judicial review of an order of the
Board of Directors imposing administrative civil penalties pursuant to
Section 6.1 O.D may be made only if the petition for writ of mandate is filed
not later than the thirtieth (30th) day following the day on which the order
of the Board of Directors becomes final.
WS&S - OXS:pj:#189145:10/22/04
45
ARTICLE 7 - SEVERABILITY
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not
affect the validity of this entire Ordinance or any of the remaining portions hereof. The
Board of Directors hereby declares that it would have passed this Ordinance, and each
section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases
be declared unconstitutional or otherwise invalid.
WS&S - OXS:pj:#189145:10/22/04
46
ARTICLE 8 - EFFECTIVE DATE
This Ordinance shall take effect January 1, 2005, and a summary shall be published in a
newspaper of general circulation as provided by law.
PASSED AND ADOPTED by the Board of Directors of Orange County Sanitation District
this 17th day of November, 2004.
Thomas L. Woodruff, General ounsel
Orange County Sanitation District
WS&S - OXS:pj:#189145.4:10/26/04
46
STATE OF CALIFORNIA )
)SS.
)
COUNTY OF ORANGE
I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD25 was passed and adopted at a regular meeting of said Board on the 1ylh day of
November, 2004, by the following vote, to wit:
AYES:
James M. Ferryman, Board Vice Chair; Don Bankhead; Patricia
Bortle; Carolyn Cavecche; Alberta Christy; John Collins; Doug
Davert; Mike Duvall; Norm Eckenrode; Cathy Green; Alice Jempsa;
Beth Krom; Shirley McCracken; Darryl Miller; Roy Moore; Joy L.
Neugebauer; Anna Piercy; Tod Ridgeway; Jim Silva; Paul Walker;
Paul Yost
NOES:
None
ABSENT:
Steve Anderson, Board Chair; Bill Dalton; Brian Donahue; Patsy
Marshall
IN WITNESS WHEREOF, I have hereunto set my hand this 1?1h day of
November, 2004.
Penny M.
Secretary of the Boar of Directors
Orange County Sanitation District
\\LEAD\DATA2\WP.DTA\ADMIN\BS\ORDINANCES\ORDINANCE CERTIFICATION.DOC
ORDINANCE NO. 16-3
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF EAST ORANGE COUNTY WATER DISTRICT
ADOPTING FATS, OILS AND GREASE CONTROL
REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS
WHEREAS, on Wednesday, May 11, 2016, the Orange County Local Agency
Formation Commission (LAFCO) approved the transfer of the Orange County Sanitation
District (OCSD) local sewers in Service Area 7 to East Orange County Water District
(District) and among other things, created District Improvement District 1, and among other
things, created EOCWD Improvement District 1 and approved EOCWD’s proposed
financial plan that included the local sanitary sewer service charges and the election to
have such charges collected on the tax roll; and
WHEREAS, effective August 1, 2016, the District, as a result of the LAFCO action, will
maintain the local sewers for approximately 18,000 parcels located in Improvement District 1;
and
WHEREAS, pursuant to the California Water Code Section 30000 et. seq.
the District has the authority to adopt ordinances relating to the provision of sewer
services and facilities, and regulations of those services and facilities; and
WHEREAS, the Regional Water Quality Control Board ("RWQCB") for the Santa
Ana Region adopted Order RB-2002-0014, which prescribes general waste discharge
requirements prohibiting sanitary sewer overflows ("SSOs") by sewer collection agencies;
and
WHEREAS, in Order RB-2002-0014, the RWQCB found that one of the leading
causes of SSOs within the Santa Ana Region, which encompasses the District's service
area is "grease blockages;" and
WHEREAS, SSOs often caused by discharge of wastewater containing high levels
of fat, oils and grease ('FOG"), suspended solids, pathogenic organisms, and other
pollutants, may cause temporary exceedances of applicable water quality objectives, pose a
threat to the public health, adversely affect aquatic life, and impair the public recreational
use and aesthetic enjoyment of surface waters within the District's service area; and
WHEREAS, Order No. RB-2002-0014 requires the District to monitor and control
SSOs and to develop a FOG Control Program; and
WHEREAS, in light of the overwhelming evidence that FOG is a primary cause of
SSOs, the District desires to implement a FOG Control Program to prevent SSOs, to become
effective on August 1, 2016 when the sewer transfer will occur; and
WHEREAS, Section 1014 of the 2001 California Plumbing Code, applicable to all
occupancies in the State pursuant to the California Building Standards Law, requires the
installation of grease traps or interceptors when in the opinion of the Building Official waste
pretreatment is required; and
WHEREAS, the foregoing findings indicate that a FOG Control Program is required
for Food Service Establishments within the District's jurisdiction to comply with waste
discharge regulations and prevent the harmful effects of SSOs; and
2
EOCWD 16-3
WHEREAS, the regulations adopted herein will require existing Food Service
Establishments to install grease control devices or interceptors no later than three years from
the effective date of this Ordinance, and the Board finds that three years is a reasonable
amortization period for existing Food Service Establishments that are operating without a
grease control device or grease interceptor; and
WHEREAS, the Board of Directors finds that specific enforcement provisions must
be adopted to govern discharges of wastewater to the District's system by Food Service
Establishments.
NOW, THEREFORE, the Board of Directors does hereby ordain as follows:
ARTICLE 1 - GENERAL PROVISIONS
1.1
1.2
EOCWD 16-3
PURPOSE AND POLICY
A.
The purpose of this Ordinance is to facilitate the maximum beneficial public
use of the District's sewer services and facilities while preventing blockages
of the sewer lines resulting from discharges of FOG to the sewer facilities,
and to specify appropriate FOG discharge requirements for Food Service
Establishments.
B.
This Ordinance shall be interpreted in accordance with the definitions set forth
in Section 1.2. The provisions of this Ordinance shall apply to the direct or
indirect discharge of all wastewater or waste containing FOG carried to the
sewer facilities of the District.
C.
To comply with Federal, State, and local policies and to allow the District to
meet applicable standards, provisions are made in this Ordinance for the
regulations of wastewater or waste containing FOG discharges to the sewer
facilities.
D.
This Ordinance establishes quantity and quality standards on all
wastewater and/or waste discharges containing FOG, which may alone or
collectively cause or contribute to FOG accumulation in the sewer facilities
causing or potentially causing or contributing to the occurrence of SSOs.
DEFINITIONS
A.
Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for Examination of Water
and Wastewater, published by the American Public Health Association, the
American Water Works Association and the Water Environment Federation.
The testing procedures for waste constituents and characteristics shall be as
provided in 40 CFR 136 (Code of Federal Regulations).
B.
Other terms not herein defined are defined as being the same as set forth in the
latest adopted applicable editions of the California Codes applicable to
building construction adopted pursuant to the California Building Standards
Law.
C.
Subject to the foregoing provisions, the following definitions shall apply in this
Ordinance:
2
EOCWD 16-3
Best Management
Practices
Schedules of activities, prohibitions of practices,
maintenance procedures and other management
practices to prevent or reduce the introduction of FOG
to the sewer facilities.
Board
The Board of Directors of the District.
Change in Operations
Any change in the ownership, food types, or
operational procedures that have the potential to
increase the amount of FOG generated and/or
discharged by Food Service Establishments in an
amount that alone or collectively causes or creates a
potential for SSOs to occur.
Composite Sample
A collection of individual samples obtained at selected
intervals based on an increment of either flow or time.
The resulting mixture (composite sample) forms a
representative sample of the waste-stream discharged
during the sample period. Samples will be collected
when a wastewater discharge occurs.
Discharger
Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
District
The East Orange County Water District.
Sewer Facility or System
Any property belonging to the District used in the
treatment, reclamation, reuse, transportation, or
disposal of wastewater, or sludge.
Effluent
Any liquid outflow from the Food Service Establishment
that is discharged to the sewer.
Fats, Oils, and Grease
("FOG")
Any substance such as a vegetable or animal product
that is used in, or is a by- product of, the cooking or
food preparation process, and that turns or may turn
viscous or solidifies with a change in temperature or
other conditions.
FOG Control Program
The FOG Control Program required by and developed
pursuant to RWQCB Order No. RB-2002-0014, Section
(c)(12)(viii).
3
FOG Control Program The individual designated by the District to administer the
Manager
FOG Control Program. The FOG Control Program Manager
is responsible for all determinations of compliance with
the program, including approval of discretionary variances
and waivers.
EOCWD
16-316-4
EOCWD
FOG Wastewater
Discharge Permit
A permit issued by the District subject to the requirements
and conditions established by the District authorizing the
Permittee or discharger to discharge wastewater into the
District's facilities or into sewer facilities which ultimately
discharge into a District facility.
Food Service
Establishment
Facilities defined in California Uniform Retail Food Service
Establishments Law (CURFFL) Section 113785, and any
commercial entity within the boundaries of the District,
operating in a permanently constructed structure such as a
room, building, or place, or portion thereof, maintained, used,
or operated for the purpose of storing, preparing, serving,
or manufacturing, packaging, or otherwise handling food for
sale to other entities, or for consumption by the public, its
members or employees, and which has any process or
device that uses or produces FOG, or grease vapors,
steam, fumes, smoke or odors that are required to be
removed by a Type I or Type II hood, as defined in CURFFL
Section 113785. A limited food preparation establishment
is not considered a Food Service Establishment when
engaged only in reheating, hot holding or assembly of ready
to eat food products and as a result, there is no wastewater
discharge containing a significant amount of FOG. A
limited food preparation establishment does not include any
operation that changes the form, flavor, or consistency of
food.
Food Grinder
Any device installed in the plumbing or sewage system for
the purpose of grinding food waste or food preparation
by products for the purpose of disposing it in the sewer
system.
Grease Control
Device
Any grease interceptor, grease trap or other mechanism,
device, or process, which attaches to, or is applied to,
wastewater plumbing fixtures and lines, the purpose of
which is to trap or collect or treat FOG prior to it being
discharged into the sewer system. "Grease control device"
may also include any other proven method to reduce FOG
subject to the approval of the District.
4
EOCWD 16-3
Grease Disposal
Mitigation Fee
A fee charged to an Owner/Operator of a Food Service
Establishment when there are physical limitations to the
property that make the installation of the usual and
customary grease interceptor or grease control device for
the Food Service Establishment under consideration,
impossible or impracticable. The Grease Disposal
Mitigation Fee is intended to cover the costs of increased
maintenance of the sewer system for inspection and
cleaning of FOG and other viscous or solidifying agents
that a properly employed grease control device would
otherwise prevent from entering the sewer system.
Grease
Interceptor
A multi-compartment device that is constructed in different
sizes and is generally required to be located, according to
the California Plumbing Code, underground between a
Food Service Establishment and the connection to the
sewer system. These devices primarily use gravity to
separate FOG from the wastewater as it moves from one
compartment to the next. These devices must be cleaned,
maintained, and have the FOG removed and disposed of
in a proper manner on regular intervals to be effective.
Grease Trap
A grease control device that is used to serve individual
fixtures and have limited effect and should only be used in
those cases where the use of a grease interceptor or other
grease control device is determined to be impossible or
impracticable.
General Manager
The individual duly designated by the Board of Directors of
the District to administer this Ordinance.
Grab Sample
A sample taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and without
consideration of time.
Hot Spots
Areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained
frequently to avoid blockages of sewer system.
Inflow
Water entering a sewer system through a direct
stormwater/runoff connection to the sanitary sewer, which
may cause an almost immediate increase in wastewater
flows.
Infiltration
Water entering a sewer system, including sewer service
connections, from the ground through such means as
defective pipes, pipe joints, connections, or manhole walls.
7
EOCWD 16-3
Inspector
A person authorized by the District to inspect any existing or
proposed wastewater generation, conveyance, processing,
and disposal facilities.
Interceptor
A grease interceptor.
Interference
Any discharge which, alone or in conjunction with
discharges from other sources, inhibits or disrupts the
District's sewer system, treatment processes or operations;
or is a cause of violation of the District's NPDES or Waste
Discharge Requirements or prevents lawful sludge use or
disposal.
Local Sewering
Agency
Any public agency or private entity responsible for the
collection and disposal of wastewater to the District's
sewer facilities duly authorized under the laws of the State
of California to construct and/or maintain public sewers.
NPDES
The National Pollutant Discharge Elimination System; the
permit issued to control the discharge of liquids or other
substances or solids to surface waters of the United
States as detailed in Public Law 92-500, Section 402.
New Construction
Any structure planned or under construction for which a
sewer connection permit has not been issued.
Permittee
A person who has received a permit to discharge
wastewater into the District's sewer facilities subject to the
requirements and conditions established by the District.
Person
Any individual, partnership, firm, association, corporation or
public agency, including the State of California and the
United States of America.
Public Agency
The State of California and/or any city, county, special
district, other local governmental authority or public body
of or within this State.
Public Sewer
A sewer owned and operated by the District, or other local
Public Agency, which is tributary to the District's sewer
facilities.
7
Regulatory Agencies
Regulatory Agencies shall mean those agencies
having regulatory jurisdiction over the operations of the
District, including, but not limited to:
a)
b)
United States Environmental Protection Agency,
Region IX, San Francisco and Washington, DC
(EPA).
California State
Water Resources Control
Board (SWRCB).
EOCWD 16-3
c)
California Regional Water Quality Control Board,
Santa Ana Region (RWQCB).
d)
South Coast Air Quality Management District
(SCAQMD).
e)
California Department of Health Services (OOHS).
Remodeling
A physical change or operational change causing
generation of the amount of FOG that exceed the current
amount of FOG discharge to the sewer system by the Food
Service Establishment in an amount that alone or
collectively causes or create a potential for SSOs to
occur; or exceeding a cost of $50,000 to a Food Service
Establishment that requires a building permit, and
involves any one or combination of the following: (1)
Under slab plumbing in the food processing area, (2) a
30% increase in the net public seating area, (3) a 30%
increase in the size of the kitchen area, or (4) any
change in the size or type of food preparation equipment.
Sample Point
A location approved by the District, from which wastewater
can be collected that is representative in content and
consistency of the entire flow of wastewater being sampled.
Sampling Facilities
Structure(s) provided at the user's expense for the
District or user to measure and record wastewater
constituent mass, concentrations, collect a representative
sample, or provide access to plug or terminate the
discharge.
Sewage
Wastewater.
Sewer Facilities
or System
Any and all facilities used for collecting, conveying,
pumping, treating, and disposing of wastewater and
sludge.
7
EOCWD 16-3
Sewer Lateral
A building sewer as defined in the latest edition of the
California Plumbing Code. It is the wastewater connection
between the building's wastewater facilities and a public
sewer system.
Sludge
Any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or
pretreatment facility.
Twenty-five percent
(25%) Rule
Requirement for grease interceptors to be maintained such
that the combined FOG and solids accumulation does not
exceed 25% of the design hydraulic depth of the grease
interceptor. This is to ensure that the minimum hydraulic
retention time and required available hydraulic volume is
maintained to effectively intercept and retain FOG
discharged to the sewer system.
User
Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer system.
User shall mean the same as Discharger.
Waste
Sewage and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human
habitation or of human or animal nature, including such
wastes placed within containers of whatever nature prior
to and for the purpose of disposal.
Manifest
That receipt which is retained by the generator of wastes for
disposing recyclable wastes or liquid wastes as required by
the District.
Waste Minimization
Practices
Plans or programs intended to reduce or eliminate
discharges to the sewer system or to conserve water,
including, but not limited to, product substitutions,
housekeeping practices, inventory control, employee
education, and other steps as necessary to minimize
wastewater produced.
Wastehauler
Any person carrying on or engaging in vehicular transport
of waste as part of, or incidental to, any business for that
purpose.
Wastewater
The liquid and water-carried wastes of the community and
all constituents thereof, whether treated or untreated,
discharged into or permitted to enter a public sewer.
Wastewater
Constituents and
Characteristics
The individual chemical, physical, bacteriological, and other
parameters, including volume and flow rate and such other
parameters that serve to define, classify or measure the
quality and quantity of wastewater.
841
D.
Words used in this Ordinance in the singular may include the plural and the
plural the singular. Use of masculine shall mean feminine and use of feminine
shall mean masculine. Shall is mandatory; may is permissive or discretionary.
ARTICLE 2 - GENERAL LIMITATIONS, PROHIBITIONS, AND REQUIREMENTS ON
FATS, OILS, AND GREASE ("FOG") DISCHARGES
2.1
FOG DISCHARGE REQUIREMENT
No Food Service establishment shall discharge or cause to be discharged into the
sewer system FOG that exceeds a concentration level adopted by the Board or
that may accumulate and/or cause or contribute to blockages in the sewer system
or at the sewer system lateral which connects the Food Service Establishment to
the sewer system.
2.2
PROHIBITIONS
The following prohibitions shall apply to all Food Service Establishments:
EOCWD 16-3
A.
Installation of food grinders in the plumbing system of new constructions of
Food Service Establishments shall be prohibited. Furthermore, all food
grinders shall be removed from all existing Food Service Establishments as
of the effective date of this Ordinance, except when expressly allowed by the
FOG Control Program Manager.
B.
Introduction of any additives into a Food Service Establishment's wastewater
system for the purpose of emulsifying FOG or biologically/chemically treating
FOG for grease remediation or as a supplement to interceptor maintenance
shall be prohibited, unless a specific written authorization from the FOG
Control Program Manager is obtained.
C.
Disposal of waste cooking oil into drainage pipes is prohibited. All waste
cooking oils shall be collected and stored properly in receptacles such as
barrels or drums for recycling or other acceptable methods of disposal.
D.
Discharge of wastewater from dishwashers to any grease trap or grease
interceptor is prohibited.
E.
Discharge of wastewater with temperatures in excess of 140°F to any grease
control device, including grease traps and grease interceptors, is prohibited.
F.
Discharge of wastes from toilets, urinals, wash basins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor
service, or vice versa, is prohibited.
G.
Discharge of any waste including FOG and solid materials removed from
the grease control device to the sewer system is prohibited. Grease removed
from grease interceptors shall be wastehauled periodically as part of the
operation and maintenance requirements for grease interceptors.
941
H.
2.3
Operation of grease interceptors with FOG and solids accumulation
exceeding 25% of the design hydraulic depth of the grease interceptor (25%
Rule)
FOG WASTEWATER DISCHARGE PERMIT REQUIRED
No person shall discharge, or cause to be discharged any wastewater from Food
Service Establishments directly or indirectly into the sewer system without first
obtaining a FOG Wastewater Discharge Permit pursuant to this Ordinance.
2.4
BEST MANAGEMENT PRACTICES REQUIRED
All Food Services Establishments shall implement Best Management Practices in its
operation to minimize the discharge of FOG to the sewer system. Detailed
requirements for Best Management Practices shall be specified in the permit. This
may include kitchen practices and employee training that are essential in minimizing
FOG discharge.
2.5
FOG PRETREATMENT REQUIRED
Food Service Establishments are required to install, operate and maintain an
approved type and adequately sized grease interceptor necessary to maintain
compliance with the objectives of this Ordinance, subject to the variance and
waiver provisions of Section 2.6. The grease interceptor shall be adequate to
separate and remove FOG contained in wastewater discharges from Food Service
Establishments prior to discharge to the sewer system. Fixtures, equipment, and
drain lines located in the food preparation and clean up areas of Food Service
Establishments that are sources of FOG discharges shall be connected to the grease
interceptor. Compliance shall be established as follows:
A. New Construction of Food Service Establishments
New construction of Food Service Establishments shall include and install grease
interceptors prior to commencing discharges of wastewater to the sewer system.
B. Existing Food Service Establishments
1.
EOCWD 16-3
For existing Food Service Establishments, the requirement to install and
to properly operate and maintain a grease interceptor may be
conditionally stayed, that is, delayed in its implementation by the FOG
Control Program Manager for a maximum period of three years from
the effective date of this Ordinance (3-year Amortization Period). Terms
and conditions for application of a stay to a Food Service
Establishment shall be set forth in the permit. The Board finds that
three years is a reasonable amortization period for existing Food
Service Establishments that are operating without a grease interceptor.
10
2.6
2.
Existing Food Service Establishments, which have caused or
contributed to grease-related blockage in the sewer system, or which
have sewer laterals connected to hot spots, or which have been
determined to contribute significant FOG to the sewer system by the
FOG Control Program Manager based on inspection or sampling,
shall be deemed to have reasonable potential to adversely impact
the sewer system, and shall install grease interceptors within 180
days upon notification by the District.
3.
Existing Food Service Establishments or Food Service Establishments
that change ownership, that undergo remodeling or a change in
operations as defined in Section 1.2 of this Ordinance, shall be
required to install a grease interceptor.
VARIANCE AND WAIVER OF GREASE INTERCEPTOR REQUIREMENT
A.
Variance from Grease Interceptor Requirements
An existing Food Service Establishment may obtain a variance from the
grease interceptor requirement to allow alternative pretreatment technology
that is, at least, equally effective in controlling the FOG discharge in lieu of a
grease interceptor, if the Food Service Establishment demonstrates that it is
impossible or impracticable to install, operate or maintain a grease
interceptor. The FOG Control Program Manager's determination to grant a
variance will be based upon, but not limited to, evaluation of the following
conditions:
B.
1.
There is no adequate space for installation and/or maintenance of a
grease interceptor.
2.
There is no adequate slope for gravity flow between kitchen plumbing
fixtures and the grease interceptor and/or between the grease
interceptor and the private collection lines or the public sewer.
3.
The Food Service Establishment can justify that the alternative
pretreatment technology is equivalent or better than a grease
interceptor in controlling its FOG discharge. In addition, the Food
Service Establishment must be able to demonstrate, after installation
of the proposed alternative pretreatment, its effectiveness to control
FOG discharge through downstream visual monitoring of the sewer
system, for at least three months, at its own expense. A Variance may
be granted if the results show no visible accumulation of FOG in its
lateral and/or tributary downstream sewer lines.
Conditional Waiver from Installation of Grease Interceptor
An existing Food Service Establishment may obtain a conditional waiver from
installation of a grease interceptor, if the Food Service
EOCWD 16-3
12
Establishment demonstrates that it has negligible FOG discharge and
insignificant impact to the sewer system. Although a waiver from installation
of grease interceptor may be granted, the Food Service Establishment may
be required to provide space and plumbing segregation for future installation
of grease interceptor. The FOG Control Program Manager's determination to
grant or revoke a conditional waiver shall be based upon, but not limited to,
evaluation of the following conditions:
C.
1.
Quantity of FOG discharge as measured or as indicated by the size
of Food Service Establishment based on seating capacity, number of
meals served, menu, water usage, amount of on-site consumption of
prepared food and other conditions that may reasonably be shown to
contribute to FOG discharges.
2.
Adequacy of implementation of Best Management Practices and
compliance history.
3.
Sewer size, grade, condition based on visual information, FOG
deposition in the sewer by the Food Service Establishment, and
history of maintenance and sewage spills in the receiving sewer
system.
4.
Changes in operations that significantly affect FOG discharge.
5.
Any other condition deemed reasonably related to the generation of
FOG discharges by the FOG Control Program Manager.
Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee
For Food Service Establishments where the installation of grease interceptor
is not feasible and no equivalent alternative pretreatment can be installed, a
waiver from the grease interceptor requirement may be granted with the
imposition of a Grease Disposal Mitigation Fee as described in Section 2.8.
Additional requirements may be imposed to mitigate the discharge of FOG
into the sewer system. The FOG Control Program Manager's determination
to grant the waiver with a Grease Disposal Mitigation Fee will be based
upon, but not limited to, evaluation of the following conditions:
EOCWD 16-3
1.
There is no adequate space for installation and/or maintenance of a
grease interceptor.
2.
There is no adequate slope for gravity flow between kitchen plumbing
fixtures and the grease interceptor and/or between the grease
interceptor and the private collection lines or the public sewer.
3.
A variance from grease interceptor installation to allow alternative
pretreatment technology cannot be granted.
12
D.
Application for Waiver or Variance of Requirement for Grease Interceptor
A Food Service Establishment may submit an application for waiver or
variance from the grease interceptor requirement to the FOG Control
Program Manager. The Food Service Establishment bears the burden of
demonstrating, to the FOG Control Program Manager's reasonable
satisfaction, that the installation of a grease interceptor is not feasible or
applicable. Upon determination by the FOG Control Program Manager that
reasons are sufficient to justify a variance or waiver, the permit will be issued or
revised to include the variance or waiver and relieve the Food Service
Establishment from the requirement.
E.
Terms and conditions
A variance or waiver shall contain terms and conditions that serve as
basis for its issuance. A waiver or variance may be revoked at any time when
any of the terms and conditions for its issuance is not satisfied or if the
conditions upon which the waiver was based change so that the
justification for the waiver no longer exists. The waiver or variance shall be
valid so long as the Food Service Establishment remains in compliance
with their terms and conditions until the expiration date specified in the
variance or waiver.
2.7
COMMERCIAL PROPERTIES
Property owners of commercial properties or their official designee(s) shall be
responsible for the installation and maintenance of the grease interceptor serving
multiple Food Service Establishments that are located on a single parcel.
2.8
GREASE DISPOSAL MITIGATION FEE
Food Service Establishments that operate without a grease control interceptor may
be required to pay an annual Grease Disposal Mitigation Fee to equitably cover the
costs of increased maintenance of the sewer system as a result of the Food Service
Establishments' inability to adequately remove FOG from its wastewater discharge.
This Section shall not be interpreted to allow the new construction of, or existing
Food Service Establishments undergoing remodeling or change in operations to
operate without an approved grease interceptor unless the District has determined
that it is impossible or impracticable to install or operate a grease control interceptor
for the subject facility under the provisions of Section 2.6 of this Ordinance.
A. The Grease Disposal Mitigation Fee shall be established by ordinance or
resolution of the Board of Directors, and shall be based on the estimated annual
increased cost of maintaining the sewer system for inspection and removal of FOG
and other viscous or solidifying agents attributable to the Food Service
Establishment resulting from the lack of a grease interceptor or grease control
device.
EOCWD 16-3
13
B. The Grease Disposal Mitigation Fee may be waived or reduced on a no less
than an annual basis when the discharger demonstrates to the reasonable
satisfaction of the FOG Control Program Manager that they had used best
management and waste minimization practices on a regular basis that has
significantly reduced the introduction of FOG into the sewer system.
C. The Grease Disposal Mitigation Fee may not be waived or reduced when the
Food Service Establishment does not comply with the minimum requirements of
this Ordinance and/or its discharge into the sewer system in the preceding 12
months has caused or potentially caused or contributed alone or collectively, in
sewer blockage or SSO in the sewer downstream, or surrounding the Food
Service Establishment prior to the waiver request.
2.9
SEWER SYSTEM OVERFLOWS, PUBLIC NUISANCE, ABATEMENT ORDERS
AND CLEANUP COSTS
Notwithstanding the three-year amortization period established in Section 2.5, Food
Service Establishments found to have contributed to a sewer blockage, SSOs or
any sewer system interferences resulting from the discharge of wastewater or waste
containing FOG, shall be ordered to install and maintain a grease interceptor, and
may be subject to a plan to abate the nuisance and prevent any future health
hazards created by sewer line failures and blockages, SSOs or any other sewer
system interferences. SSOs may cause threat and injury to public health, safety,
and welfare of life and property and are hereby declared public nuisances.
Furthermore, sewer lateral failures and SSOs caused by Food Service Establishments
alone or collectively, are the responsibility of the private property owner or Food
Service Establishment, and individual(s) as a responsible officer or owner of the
Food Service Establishment. If the District must act immediately to contain and clean
up an SSO caused by blockage of a private or public sewer lateral or system serving
a Food Service Establishment, or at the request of the property owner or operator of
the Food Service Establishment, or because of the failure of the property owner or
Food Service Establishment to abate the condition causing immediate threat of
injury to the health, safety, welfare, or property of the public, the District's costs
for such abatement may be entirely borne by the property owner or operator of the
Food Service Establishment, and individual(s) as a responsible officer or owner of the
Food Service Establishment(s) and may constitute a debt to the District and
become due and payable upon the District's request for reimbursement of such costs.
ARTICLE 3 - FOG WASTEWATER DISCHARGE PERMITS FOR FOOD SERVICE
ESTABLISHMENTS
3.1
EOCWD 16-3
FOG WASTEWATER DISCHARGE PERMIT REQUIRED
A.
Food Service Establishments proposing to discharge or currently
discharging wastewater containing FOG into the District's sewer system shall
obtain a FOG Wastewater Discharge Permit from the District.
B.
FOG Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by the District. The conditions of FOG Wastewater Discharge
Permits shall be enforced by the District in accordance with this Ordinance
and applicable State and Federal Regulations.
23
3.2
FOG WASTEWATER DISCHARGE PERMIT APPLICATION
A.
3.3
Any person required to obtain a FOG Wastewater Discharge Permit shall
complete and file with the District prior to commencing or continuing
discharges, an application in a form prescribed by the District. The
applicable fees shall accompany this application. The applicant shall
submit, in units and terms appropriate for evaluation, the following information
at a minimum:
1.
Name, address, telephone number, assessor's parcel number(s),
description of the Food Service Establishment, operation, cuisine,
service activities, or clients using the applicant's services.
2.
(Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the Food Service
Establishment; Articles of Incorporation; most recent Report of the
Secretary of State; Business License.
3.
Name and address of property owner or lessor and the property
manager where the Food Service Establishment is located.
4.
Any other information as specified in the application form.
B.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, FOG control device, grease
interceptor or other pretreatment equipment and appurtenances by size,
location, and elevation for evaluation.
C.
Other information related to the applicant's business operations and potential
discharge may be requested to properly evaluate the permit application.
D.
After evaluation of the data furnished, the District may issue a FOG
Wastewater Discharge Permit, subject to terms and conditions set forth in
this Ordinance and as otherwise determined by the FOG Control Program
Manager to be appropriate to protect the District's sewer system.
FOG WASTEWATER DISCHARGE PERMIT CONDITIONS
The issuance of a FOG Wastewater Discharge Permit may contain any of the
following conditions or limits:
A. Limits on discharge of FOG and other priority pollutants.
B. Requirements for proper operation and maintenance of grease interceptors and
other grease control devices.
C. Grease interceptor maintenance frequency and schedule.
D. Requirements for implementation of Best Management Practices and
installation of adequate grease interceptor and/or grease control device.
EOCWD 16-3
23
E. Requirements for maintaining and reporting status of Best Management
Practices
E. Requirements for maintaining and submitting logs and records, including
wastehauling records and waste manifests.
F. Requirements to self-monitor.
G. Requirements for the Food Service Establishment to construct, operate and
maintain, at its own expense, FOG control device and sampling facilities.
H. Additional requirements as otherwise determined to be reasonably appropriate
by the FOG Control Program Manager to protect the District's system or as
specified by other Regulatory Agencies.
I.
3.4
Other terms and conditions, which may be reasonably applicable to ensure
compliance with this Ordinance.
FOG WASTEWATER DISCHARGE PERMIT APPLICATION FEE
The FOG Wastewater Discharge Permit Application fee shall be paid by the
applicant in an amount adopted by ordinance or resolution of the Board of Directors
of the District. Payment of permit application fee must be received by the District
upon submission of the permit application. A Permittee shall also pay any
delinquent invoices in full prior to permit renewal.
3.5
FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND
CONDITIONS
A.
B.
EOCWD 16-3
The terms and conditions of an issued permit may be subject to
modification and change by the sole determination of the FOG Control
Program Manager during the life of the permit based on:
1.
The discharger's current or anticipated operating data;
2.
The District's current or anticipated operating data;
3.
Changes in the requirements of Regulatory Agencies which affect the
District; or
4.
A determination by the FOG Control Program Manager that such
modification is appropriate to further the objectives of this
Ordinance.
B.
The Permittee may request a modification to the terms and conditions of an
issued permit. The request shall be in writing stating the requested change,
and the reasons for the change. The FOG Control Program Manager shall
review the request, make a determination on the request, and respond in
writing.
C.
The Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to the effective
23
date of change. Any changes or new conditions in the permit shall include a
reasonable time schedule for compliance.
3.6
FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL
FOG Wastewater Discharge Permits shall be issued for a period not to exceed four
(4) years. At least 60 days prior to the expiration of the permit, the user shall apply for
renewal of the permit in accordance with the provisions of this Article 3.
3.7
EXEMPTION FROM FOG WASTEWATER DISCHARGE PERMIT
A limited food preparation establishment is not considered a Food Service
Establishment and is exempt from obtaining a FOG Wastewater Discharge Permit.
Exempted establishments shall be engaged only in reheating, hot holding or assembly
of ready to eat food products and as a result, there is no wastewater discharge
containing significant amount of FOG. A limited food preparation establishment does
not include any operation that changes the form, flavor, or consistency of food.
3.8
NON-TRANSFERABILITY OF PERMITS
FOG Wastewater Discharge Permits issued under this Ordinance are for a specific
Food Service Establishment, for a specific operation and create no vested rights.
3.9
A.
No permit holder shall assign, transfer, sell any FOG Wastewater Discharge
Permit issued under this Ordinance nor use any such permit for or on any
premises or for facilities or operations or discharges not expressly
encompassed within the underlying permit.
B.
Any permit which is transferred to a new owner or operator or to a new
facility is void.
FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE
A charge to cover all costs of the District for providing the sewer service and
monitoring shall be established by Ordinance or Resolution of the Board of
Directors of the District.
ARTICLE 4 - FACILITIES REQUIREMENTS
4.1
DRAWING SUBMITTAL REQUIREMENTS
Upon request by the District:
A.
EOCWD 16-3
Food Service Establishments may be required to submit two copies of
facility site plans, mechanical and plumbing plans, and details to show all
sewer locations and connections. The submittal shall be in a form and
content acceptable to the District for review of existing or proposed grease
control device, grease interceptor, monitoring facilities, metering facilities, and
operating procedures. The review of the plans and procedures shall in no
way relieve the Food Service Establishments of the responsibility of
modifying the facilities or procedures in the future, as necessary to produce
23
an acceptable discharge, and to meet the requirements of this Ordinance or
any requirements of other Regulatory Agencies.
4.2
B.
Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, FOG control device, grease
interceptor or other pretreatment equipment and appurtenances by size,
location, and elevation for evaluation.
C.
Food Service Establishments may be required to submit a schematic
drawing of the FOG control device, grease interceptor or other pretreatment
equipment, piping and instrumentation diagram, and wastewater
characterization report.
D.
The District may require the drawings be prepared by a California Registered
Civil, Chemical, Mechanical, or Electrical Engineer.
GREASE INTERCEPTOR REQUIREMENTS
A.
All Food Service Establishments shall provide wastewater acceptable to the
District, under the requirements and standards established herein before
discharging to any public sewer. Any Food Service Establishment required to
provide FOG pretreatment shall install, operate, and maintain an approved
type and adequately sized grease interceptor necessary to maintain
compliance with the objectives of this Ordinance.
B.
Grease interceptor sizing and installation shall conform to the current
edition of the Uniform Plumbing Code. Grease interceptors shall be
constructed in accordance with the design approved by the FOG Control
Program Manager and shall have a minimum of two compartments with
fittings designed for grease retention.
C.
The grease interceptor shall be installed at a location where it shall be at all
times easily accessible for inspection, cleaning, and removal of accumulated
grease.
D.
4.3
EOCWD 16-3
Access manholes, with a minimum diameter of 24 inches, shall be provided
over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and
maintained to prevent water inflow or infiltration. The manholes shall also
have readily removable covers to facilitate inspection, grease removal, and
wastewater sampling activities.
GREASE TRAP REQUIREMENTS
A.
Food Service Establishments may be required to install grease traps in the
waste line leading from drains, sink, and other fixtures or equipment where
grease may be introduced into the sewer system in quantities that can cause
blockage.
B.
Sizing and installation of grease traps shall conform to the current edition of the
California Plumbing Code.
C.
Grease traps shall be maintained in efficient operating conditions by
23
removing accumulated grease on a daily basis.
4.4
D.
Grease traps shall be maintained free of all food residues and any FOG
waste removed during the cleaning and scraping process.
E.
Grease traps shall be inspected periodically to check for leaking seams and
pipes, and for effective operation of the baffles and flow regulating device.
Grease traps and their baffles shall be maintained free of all caked-on
FOG and waste. Removable baffles shall be removed and cleaned during
the maintenance process.
F.
Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
MONITORING FACILITIES REQUIREMENTS
A.
The District may require the Food Service Establishments to construct and
maintain in proper operating condition at the Food Service Establishment's
sole expense, flow monitoring, constituent monitoring and/or sampling
facilities.
B.
The location of the monitoring or metering facilities shall be subject to
approval by the FOG Control Program Manager.
C.
Food Service Establishments may be required to provide immediate, clear,
safe and uninterrupted access to the FOG Control Program Manager or
inspectors to the Food Service Establishment's monitoring and metering
facilities.
D.
Food Service Establishments may also be required by the FOG Control
Program Manager to submit waste analysis plans, contingency plans, and meet
other necessary requirements to ensure proper operation and
maintenance of the grease control device or grease interceptor and
compliance with this Ordinance.
E.
4.5
No Food Service Establishment shall increase the use of water or in any
other manner attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this Ordinance and the
FOG Wastewater Discharge Permit.
REQUIREMENTS FOR BEST MANAGEMENT PRACTICES
A.
All Food Service Establishments shall implement best management practices
in accordance with the requirements and guidelines established by the
District under its FOG Control Program in an effort to minimize the
discharge of FOG to the sewer system.
B.
All Food Service Establishments shall be required, at a minimum, to comply
with the following Best Management Practices, when applicable:
1.
EOCWD 16-3
Installation of drain screens. Drain screens shall be installed on all
drainage pipes in food preparation areas.
23
2.
Segregation and collection of waste cooking oil. All waste cooking oil
shall be collected and stored properly in recycling receptacles such
as barrels or drums. Such recycling receptacles shall be maintained
properly to ensure that they do not leak. Licensed wastehaulers or an
approved recycling facility must be used to dispose of waste cooking
oil.
3.
Disposal of food waste. All food waste shall be disposed of
directly into the trash or garbage, and not in sinks. Double­
bagging food wastes that have the potential to leak in trash bins is
highly recommended.
4.
Employee training. Employees of the food service establishment
shall be trained by ownership/management periodically as specified
in the permit, on the following subjects:
a)
How to "dry wipe" pots, pans, dishware and work areas
before washing to remove grease.
b)
How to properly dispose of food waste and solids in
enclosed plastic bags prior to disposal in trash bins or
containers to prevent leaking and odors.
c)
The location and use of absorption products to clean under
fryer baskets and other locations where grease may be spilled
or dripped.
d)
How to properly dispose of grease or oils from cooking
equipment into a grease receptacle such as a barrel or
drum without spilling.
Training shall be documented and employee signatures retained
indicating each employee's attendance and understanding of the
practices reviewed. Training records shall be available for review at
any reasonable time by the FOG Control Program Manager or an
inspector.
4.6
EOCWD 16-3
5.
Maintenance of kitchen exhaust filters. Filters shall be cleaned as
frequently as necessary to be maintained in good operating condition.
The wastewater generated from cleaning the exhaust filter shall be
disposed properly.
6.
Kitchen signage. Best management and waste minimization practices
shall be posted conspicuously in the food preparation and
dishwashing areas at all times.
GREASE INTERCEPTOR MAINTENANCE REQUIREMENTS
A.
Grease Interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor which includes
wastewater, accumulated FOG, floating materials, sludge and solids.
B.
All existing and newly installed grease interceptors shall be maintained in a
23
manner consistent with a maintenance frequency approved by the FOG
Control Program Manager pursuant to this section.
EOCWD 16-3
C.
No FOG that has accumulated in a grease interceptor shall be allowed to pass
into any sewer lateral, sewer system, storm drain, or public right of way during
maintenance activities.
D.
Food Service Establishments with grease interceptors may be required to
submit data and information necessary to establish the maintenance
frequency grease interceptors.
E.
The maintenance frequency for all Food Service Establishments with a
grease interceptor shall be determined in one of the following methods:
1.
Grease interceptors shall be fully pumped out and cleaned at a
frequency such that the combined FOG and solids accumulation does
not exceed 25% of the total design hydraulic depth of the grease
interceptor. This is to ensure that the minimum hydraulic retention
time and required available hydraulic volume is maintained to
effectively intercept and retain FOG discharged to the sewer system.
All Food Service Establishments with a Grease Interceptor shall
pump out and clean their grease interceptor not less than every 6
months.
2.
Grease interceptors shall be fully pumped out and cleaned quarterly
when the frequency described in (1) has not been established. The
maintenance frequency shall be adjusted when sufficient data have
been obtained to establish an average frequency based on the
requirements described in (1) and guidelines adopted pursuant to
the FOG Control Program. The District may change the
maintenance frequency at any time to reflect changes in actual
operating conditions in accordance with the FOG Control Program.
Based on the actual generation of FOG from the Food Service
Establishment, the maintenance frequency may increase or decrease.
3.
The owner/operator of a Food Service Establishment may submit a
request to the FOG Control Program Manager requesting a change
in the maintenance frequency at any time. The Food Service
Establishment has the burden of responsibility to demonstrate that the
requested change in frequency reflects actual operating conditions
based on the average FOG accumulation over time and meets the
requirements described in (1), and that it is in full compliance with the
conditions of its permit and this Ordinance. Upon determination by the
FOG Control Program Manager that requested revision is justified,
the permit shall be revised accordingly to reflect the change in
maintenance frequency.
4.
If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in (1),
the Food Service Establishment shall be required to have the grease
interceptor serviced immediately such that all fats, oils, grease,
sludge, and other materials are completely removed from the grease
interceptor. If deemed necessary, the FOG Control Program Manager
23
may also increase the maintenance frequency of the grease interceptor
from the current frequency.
F.
Wastewater, accumulated FOG, floating materials sludge/solids, and other
materials removed from the grease interceptor shall be disposed off-site
properly by wastehaulers in accordance with federal, state and/or local laws.
ARTICLE 5 - MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
5.1
MONITORING AND REPORTING CONDITIONS
A.
B.
Monitoring for Compliance with Permit Conditions and Reporting Requirements
1.
The FOG Control Program Manager may require periodic reporting
of the status of implementation of Best Management Practices, in
accordance with the FOG Control Program.
2.
The FOG Control Program Manager may require visual monitoring at
the sole expense of the Permittee to observe the actual conditions of
the Food Service Establishment's sewer lateral and sewer lines
downstream.
3.
The FOG Control Program Manager may require reports for selfmonitoring of wastewater constituents and FOG characteristics of the
Permittee needed for determining compliance with any conditions or
requirements as specified in the FOG Wastewater Discharge Permit
or this Ordinance. Monitoring reports of the analyses of wastewater
constituents and FOG characteristics shall be in a manner and form
approved by the FOG Control Program Manager and shall be
submitted upon request of the FOG Control Program Manager.
Failure by the Permittee to perform any required monitoring, or to
submit monitoring reports required by the FOG Control Program
Manager constitutes a violation of this Ordinance and be cause for
the District to initiate all necessary tasks and analyses to determine
the wastewater constituents and FOG characteristics for compliance
with any conditions and requirements specified in the FOG
Wastewater Discharge Permit or in this Ordinance. The Permittee
shall be responsible for any and all expenses of the District in
undertaking such monitoring analyses and preparation of reports.
4.
Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other
reports deemed reasonably appropriate by the FOG Control Program
Manager to ensure compliance with this Ordinance.
Record Keeping Requirements
The Permittee shall be required to keep all manifests, receipts and invoices
of all cleaning, maintenance, grease removal of/from the grease control
device, disposal carrier and disposal site location for no less than two
EOCWD 16-3
23
years. The Permittee shall, upon request, make the manifests, receipts and
invoices available to any District representative, or inspector. These records
may include:
C.
1.
A logbook of grease interceptor, grease trap or grease control
device cleaning and maintenance practices.
2.
A record of Best Management Practices being implemented including
employee training.
3.
Copies of records and manifests of wastehauling interceptor contents.
4.
Records of sampling data and sludge height monitoring for FOG and
solids accumulation in the grease interceptors.
5.
Records of any spills and/or cleaning of the lateral or sewer system.
6.
Any other information deemed appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
Falsifying Information or Tampering with Process
It shall be unlawful to make any false statement, representation, record,
report, plan or other document that is filed with the District, or to tamper with
or knowingly render inoperable any grease control device, monitoring device or
method or access point required under this Ordinance.
5.2
EOCWD 16-3
INSPECTION AND SAMPLING CONDITIONS
A.
The FOG Control Program Manager may inspect or order the inspection and
sample the wastewater discharges of any Food Service Establishment to
ascertain whether the intent of this Ordinance is being met and the Permittee
is complying with all requirements. The Permittee shall allow the District
access to the Food Service Establishment premises, during normal business
hours, for purposes of inspecting the Food Service Establishment's grease
control devices or interceptor, reviewing the manifests, receipts and invoices
relating to the cleaning, maintenance and inspection of the grease control
devices or interceptor.
B.
The FOG Control Program Manager shall have the right to place or order the
placement on the Food Service Establishment's property or other locations
as determined by the FOG Control Program Manager, such devices as are
necessary to conduct sampling or metering operations. Where a Food
Service Establishment has security measures in force, the Permittee shall
make necessary arrangements so that representatives of the District shall be
permitted to enter without delay for the purpose of performing their specific
responsibilities.
23
C.
5.3
In order for the FOG Control Program Manager to determine the wastewater
characteristics of the discharger for purposes of determining the annual use
charge and for compliance with permit requirements, the Permittee shall
make available for inspection and copying by the District all notices,
monitoring reports, waste manifests, and records including, but not limited
to, those related to wastewater generation, and wastewater disposal without
restriction but subject to the confidentiality provision set forth in this
Ordinance. All such records shall be kept by the Permittee a minimum of two
(2) years.
RIGHT OF ENTRY
Persons or occupants of premises where wastewater is created or discharged shall
allow the FOG Control Program Manager, or District representatives, reasonable
access to all parts of the wastewater generating and disposal facilities for the
purposes of inspection and sampling during all times the discharger's facility is open,
operating, or any other reasonable time. No person shall interfere with, delay, resist
or refuse entrance to District representatives attempting to inspect any facility
involved directly or indirectly with a discharge of wastewater to the District's sewer
system. In the event of an emergency involving actual or imminent sanitary sewer
overflow, District's representatives may access adjoining businesses or properties
which share a sewer system with a Food Service Establishment in order to
prevent or remediate an actual or imminent sanitary overflow.
5.4
EOCWD 16-3
NOTIFICATION OF SPILL
A.
In the event a Permittee is unable to comply with any permit condition due to a
breakdown of equipment, accidents, or human error or the Permittee has
reasonable opportunity to know that his/her/its discharge will exceed the
discharge provisions of the FOG Wastewater Discharge Permit or this
Ordinance, the discharger shall immediately notify the District by telephone
at the number specified in the Permit. If the material discharged to the
sewer has the potential to cause or result in sewer blockages or SSOs,
the discharger shall immediately notify the local Health Department, City or
County, and the District.
B.
Confirmation of this notification shall be made in writing to the FOG Control
Program Manager at the address specified in the Permit no later than five (5)
working days from the date of the incident. The written notification shall
state the date of the incident, the reasons for the discharge or spill, what
steps were taken to immediately correct the problem, and what steps are
being taken to prevent the problem from recurring.
C.
Such notification shall not relieve the Permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage or loss
to the District or any other damage or loss to person or property; nor shall such
notification relieve the Permittee of any fees or other liability which may be
imposed by this Ordinance or other applicable law.
24
5.5
NOTIFICATION OF PLANNED CHANGES
Permittee shall notify the District at least 60 days in advance prior to any facility
expansion/remodeling, or process modifications that may result in new or
substantially increased FOG discharges or a change in the nature of the discharge.
Permittee shall notify the District in writing of the proposed expansion or remodeling
and shall submit any information requested by the District for evaluation of the
effect of such expansion on Permittee's FOG discharge to the sewer system.
ARTICLE 6 - ENFORCEMENT
6.1
PURPOSES AND SCOPE
A.
The Board of Directors finds that in order for the District to comply with the
laws, regulations, and rules imposed upon it by Regulatory Agencies and to
ensure that the District's sewer facilities are protected and are able to operate
with the highest degree of efficiency, and to protect the public health and
environment, specific enforcement provisions must be adopted to govern the
discharges to the District's system by Food Service Establishments.
B.
To ensure that all interested parties are afforded due process of law and that
violations are resolved as soon as possible, the general policy of the District is
that:
C.
6.2
1.
Any determination relating to a notice of violation and Compliance
Schedule Agreement (CSA) will be made by the FOG Control
Program Manager, with a right of appeal by the Permittee to the
General Manager pursuant to the procedures set forth in Section 6.12.
2.
A Permittee, or applicant for a permit may request the Board of
Directors of the District to hear an appeal of the General Manager's
decision pursuant to Section 6.13. Such request may be granted or
denied by the Board of Directors.
3.
Any permit suspension or revocation recommended by the FOG
Control Program Manager will be heard and a recommendation made
to the General Manager or other person designated by the General
Manager with a right of appeal of the General Manager's order by the
Permittee to the Board of Directors pursuant to the provisions of
Section 6.13.
The District, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in Article 6 in response to any permit or
Ordinance violations.
DETERMINATION OF NONCOMPLIANCE
DISCHARGE PERMIT CONDITIONS
A.
FOG
WASTEWATER
Inspection Procedures
1.
EOCWD 16-3
WITH
Inspection of Food Service Establishments shall be conducted in the
27
time, place, manner, and frequency determined at the sole discretion
of the FOG Control Program Manager.
2.
B.
C.
Noncompliance with Best Management Practices, 25% Rule for
grease interceptors, maintenance frequency requirements for
grease interceptors, permit discharge conditions, or any discharge
provisions of this Ordinance may be determined by an inspection of the
Food Service Establishment.
Sampling Procedures
1.
Sampling of Food Service Establishments shall be conducted in the
time, place, manner, and frequency determined at the sole
discretion of the District.
2.
Non-compliance with mass emission rate limits, concentration limits,
permit discharge conditions, or any discharge provision of this
Ordinance may be determined by an analysis of a grab or
composite sample of the effluent of a user. Non-compliance with mass
emission rate limits shall be determined by an analysis of a composite
sample of the user's effluent, except that a grab sample may be used to
determine compliance with mass emission rate limits when the
discharge is from a closed (batch) treatment system in which there is
no wastewater flow into the system when the discharge is occurring, the
volume of wastewater contained in the batch system is known, the
time interval of discharge is known, and the grab sample is
homogeneous and representative of the discharge.
3.
Any sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
Noncompliance Fees
Any Permittee determined to be in noncompliance with the terms and
conditions specified in its permit or with any provision of this Ordinance shall
pay a noncompliance fee. The purpose of the noncompliance fee is to
compensate the District for costs of additional inspection and follow-up,
sampling, monitoring, laboratory analysis, treatment, disposal, and
administrative processing incurred as a result of the noncompliance, and shall
be in addition to and not in lieu of any penalties as may be assessed pursuant
to Sections 6.10 and 6.11. Noncompliance fees shall be in the amount
adopted by ordinance or resolution by the District's Board of Directors.
6.3
EOCWD 16-3
COMPLIANCE SCHEDULE AGREEMENT (CSA)
A.
Upon determination that a P ermittee is in noncompliance with the terms and
conditions specified in its permit or any provision of this Ordinance, or needs to
construct and/or acquire and install a grease control device or grease
interceptor, the FOG Control Program Manager may require the Permittee to
enter into a CSA.
B.
The issuance of a CSA may contain terms and conditions including but not
27
limited to requirements for installation of a grease control device,
grease interceptor and facilities, submittal of drawings or reports, audit of
waste hauling records, best management and waste minimization practices,
payment of fees, or other provisions to ensure compliance with this
Ordinance.
6.4
C.
The FOG Control Program Manager shall not enter into a CSA until such
time as all amounts owed to the District, including user fees,
noncompliance sampling fees, or other amounts due are paid in full, or
an agreement for deferred payment secured by collateral or a third party, is
approved by the FOG Control Program Manager.
D.
If compliance is not achieved in accordance with the terms and conditions of
a CSA during its term, the FOG Control Program Manager may issue an
order suspending or revoking the discharge permit pursuant to Section
6.4 or 6.5 of this Ordinance.
PERMIT SUSPENSION
A.
B.
EOCWD 16-3
The General Manager may suspend any permit when it is determined that a
Permittee:
1.
Fails to comply with the terms and conditions of a CSA order.
2.
Knowingly provides a false statement, representation, record, report,
or other document to the District.
3.
Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms or conditions,
discharge compliance, or compliance with this Ordinance.
4.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5.
Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
6.
Does not make timely payment of all amounts owed to the District for
user charges, permit fees, or any other fees imposed pursuant to this
Ordinance.
7.
Causes interference, sewer blockages, or SSOs with the District's
collection, treatment, or disposal system.
8.
Violates grease interceptor maintenance requirements, any condition or
limit of its discharge permit or any provision of the District's
Ordinance.
When the FOG Control Program Manager has reason to believe that grounds
exist for permit suspension, he/she shall give written notice thereof by
certified mail to the Permittee setting forth a statement of the facts and
grounds deemed to exist, together with the time and place
27
where the charges shall be heard by the General Manager or his/her
designee. The hearing date shall be not less than fifteen (15) calendar
days nor more than forty-five (45) calendar days after the mailing of such
notice.
C.
6.5
At the suspension hearing, the Permittee shall have an opportunity to
respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by the District's General Counsel.
2.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of facts
found to be true, a determination of the issues presented,
conclusions, and a recommendation.
3.
Upon receipt of the written report of a hearing officer or conclusion of
the hearing, if the General Manager conducted the hearing, the
General Manager shall make his/her determination and should he/she
find that grounds exist for suspension of the permit, he/she shall
issue his/her decision and order in writing within thirty (30) calendar
days after the conclusion of the hearing. The written decision and
order of the General Manager shall be sent by certified mail to the
permittee or its legal counsel/representative at the Permittee's
business address.
Effect
1.
Upon an order of suspension by the General Manager becoming
final, the P ermittee shall immediately cease and desist its discharge
and shall have no right to discharge any wastewater containing FOG
directly or indirectly to the District's system for the duration of the
suspension. All costs for physically terminating and reinstating service
shall be paid by the P ermittee.
2.
Any owner or responsible management employee of the P ermittee
shall be bound by the order of suspension.
3.
An order of permit suspension issued by the General Manager shall
be final in all respects on the sixteenth (16th) day after it is mailed
to the Permittee unless a request for hearing is filed with the Board
of Directors of the District pursuant to Section 6.13., no later than
5:00 p.m. on the fifteenth (15th) day following such mailing.
PERMIT REVOCATION
A.
EOCWD 16-3
1.
The General Manager may revoke any permit when it is determined that a
Permittee:
30
B.
EOCWD 16-3
1.
Knowingly provides a false statement, representation, record, report,
or other document to the District.
2.
Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions,
discharge compliance, or compliance with this Ordinance.
3.
Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4.
Fails to comply with the terms and conditions of permit suspension or
CSA.
5.
Discharges effluent to the District's sewer system while its permit is
suspended.
6.
Refuses reasonable access to the P ermittee's premises for the
purpose of inspection and monitoring.
7.
Does not make timely payment of all amounts owed to the District for
user charges, permit fees, or any other fees imposed pursuant to this
Ordinance.
8.
Causes interference, sewer blockages, or SSOs with the District
collection, treatment, or disposal system.
9.
Violates grease interceptor maintenance requirements, any condition
or limit of its discharge permit or any provision of the District's
Ordinance.
Approval. When the FOG Control Program Manager has reason to believe
that grounds exist for the revocation of a permit, he/she shall give written notice
by certified mail thereof to the P ermittee setting forth a statement of the
facts and grounds deemed to exist together with the time and place where the
charges shall be heard by the General Manager or his/her designee. The
hearing date shall be not less than fifteen (15) calendar days nor more than
forty-five (45) calendar days after the mailing of such notice.
1.
At the hearing, the Permittee shall have an opportunity to respond to
the allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted in accordance
with the procedures established by the General Manager and
approved by the District's General Counsel.
2.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of facts
found to be true, a determination of the issues presented,
conclusions, and a recommendation.
30
3.
Upon receipt of the written report by the hearing officer, or conclusion
of the hearing, if the General Manager conducted the hearing, the
General Manager shall make his/her determination and should
he/she find that grounds exist for permanent revocation of the permit,
he/she shall issue his/her decision and order in writing within thirty (30)
calendar days after the conclusion of the hearing. The written
decision and order of the General Manager shall be sent by certified
mail to the Permittee or its legal counsel/representative at the
Permittee's business address.
In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but not
limited to, a temporary suspension of the permit, under terms and
conditions that he/she deems appropriate.
C.
6.6
1.
Upon an order of revocation by the General Manager becoming final,
the P ermittee shall permanently lose all rights to discharge any
wastewater containing FOG directly or indirectly to the District's
system. All costs for physical termination shall be paid by the
Permittee.
2.
Any owner or responsible management employee of the Permittee shall
be bound by the order of revocation.
3.
Any future application for a permit at any location within the District by
any person associated with an order of revocation will be considered
by the District after fully reviewing the records of the revoked permit,
which records may be the basis for denial of a new permit.
4.
An order of permit revocation issued by the General Manager shall
be final in all respects on the sixteenth (16th) day after it is mailed to
the P ermittee unless a request for hearing is filed with the Board of
Directors pursuant to Section 6.13 no later than 5:00 p.m. on the
fifteenth (15th) day following such mailing.
DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A.
EOCWD 16-3
Effect
Any person who discharges any waste which causes or contributes to any
sewer blockage, SSOs, obstruction, interference, damage, or any other
impairment to the District's sewer facilities or to the operation of those
facilities shall be liable for all costs required to clean or repair the facilities
together with expenses incurred by the District to resume normal operations.
A service charge of twenty-five percent (25%) of District's costs shall be
added to the costs and charges to reimburse the District for miscellaneous
overhead, including administrative personnel and record keeping. The total
amount shall be payable within forty five (45) days of invoicing by the District.
30
B.
6.7
Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to the
facilities, shall be liable for any costs or expenses incurred by the District,
including regulatory fines, penalties, and assessments made by other
agencies or a court.
PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any order
issued by the FOG Control Program Manager or General Manager, as authorized
by this Ordinance, is hereby declared a public nuisance and shall be corrected or
abated as directed by the FOG Control Program Manager or General Manager. Any
person creating a public nuisance is guilty of a misdemeanor.
6.8
TERMINATION OF SERVICE
A.
B.
6.9
EOCWD 16-3
The District, by order of the General Manager, may physically terminate
sewer service to any property as follows:
1.
On a term of any order of suspension or revocation of a permit; or
2.
Upon the failure of a person not holding a valid FOG Wastewater
Discharge Permit to immediately cease the discharge, whether direct
or indirect, to the District's sewer facilities after the notice and
process in Section 6.5 herein.
All costs for physical termination shall be paid by the owner or operator of the
Food Service Establishment or P ermittee as well as all costs for reinstating
service.
EMERGENCY SUSPENSION ORDER
A.
The District may, by order of the General Manager, suspend sewer service
when the General Manager determines that such suspension is necessary in
order to stop an actual or impending discharge which presents or may present
an imminent or substantial endangerment to the health and welfare of
persons, or to the environment, or may cause SSOs, sewer blockages,
interference to the District's sewer facilities, or may cause the District to
violate any State or Federal Law or Regulation. Any discharger notified of and
subject to an Emergency Suspension Order shall immediately cease and
desist the discharge of all wastewater containing FOG to the sewer system.
B.
As soon as reasonably practicable following the issuance of an Emergency
Suspension Order, but in no event more than five (5) business days following
the issuance of such order, the General Manager shall hold a hearing to
provide the Food Service Establishment or Permittee the opportunity to
present information in opposition to the issuance of the Emergency
Suspension Order. Such a hearing shall not
31
stay the effect of the Emergency Suspension Order. The hearing shall be
conducted in accordance with procedures established by the General
Manager and approved by the District's General Counsel. The General
Manager shall issue a written decision and order within two (2) business
days following the hearing, which decision shall be sent by certified mail to
the Food Service Establishment or its legal counsel/representative at that
Food Service Establishment's business address. The decision of the
General Manager following the hearing shall be final and not appealable to
the Board, but may be subject to judicial review pursuant to Section 6.16.
6.10
EOCWD 16-3
CIVIL PENALTIES
A.
All users of the District's system and facilities are subject to enforcement
actions administratively or judicially by the District, U.S. EPA, State of
California Regional Water Quality Control Board, the County of Orange or
District Attorney. Said actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality
Control Act (California Water Code Section 13000 et seq.); (3) California
Hazardous Waste Control Law (California Health & Safety Code Sections
25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42
U.S.C.A Section 6901 et seq.); and (5) California Government Code,
Sections 54739-54740.
B.
In the event the District is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or enforcement
agencies based on a violation of law or regulation or its permits, and said
violation can be established by the District, as caused by the discharge of
any user of the District's system which is in violation of any provision of the
District's Ordinance or the user's permit, the District shall be entitled to
recover from the user all costs and expenses, including, but not limited to,
the full amount of said fines or penalties to which it has been subjected.
C.
Pursuant to the authority of California Government Code Sections 54739
- 54740, any person who violates any provision of this Ordinance; any permit
condition, prohibition or effluent limit; or any suspension or revocation order
shall be liable civilly for a sum not to exceed $25,000.00 per violation for
each day in which such violation occurs. Pursuant to the authority of the
Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates
any provision of this Ordinance, or any permit condition, prohibition, or
effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per
violation for each day in which such violation occurs. The General Counsel
of the District, upon request of the General Manager, shall petition the
Superior Court to impose, assess, and recover such penalties, or such other
penalties as the District may impose, assess, and recover pursuant to
Federal and/or State legislative authorization.
33
D.
Administrative Civil Penalties
1.
EOCWD 16-3
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the District may issue an administrative
complaint to any person who violates:
a)
any provision of this Ordinance;
b)
any permit condition, prohibition, or effluent limit; or
c)
any suspension or revocation order.
2.
The administrative complaint shall be served by personal delivery or
certified mail on the person and shall inform the person that a hearing
will be conducted, and shall specify a hearing date within sixty (60)
days following service. The administrative complaint will allege the act
or failure to act that constitutes the violation of the District's
regulations, the provisions of law authorizing civil liability to be
imposed, and the proposed civil penalty. The matter shall be heard
by the General Manager or his/her designee. The person to whom an
administrative complaint has been issued may waive the right to a
hearing, in which case a hearing will not be conducted.
3.
At the hearing, the person shall have an opportunity to respond to the
allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in
accordance with the procedures established by the General Manager
and approved by the District's General Counsel.
4.
If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of the
facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
5.
Upon receipt of the written report by the hearing officer, or conclusion
of the hearing if the General Manager conducted the hearing, the
General Manager shall make his/her determination and should he/she
find that grounds exist for assessment of a civil penalty against the
person, he/she shall issue his/her decision and order in writing within
thirty (30) calendar days after the conclusion of the hearing.
6.
If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements, the General Manager or
Board of Directors may assess a civil penalty against that person. In
determining the amount of the civil penalty, the General Manager or
Board of Directors may take into consideration all relevant
circumstances, including but not limited to the extent of harm caused by
the violation, the economic benefit
33
derived through any non-compliance, the nature and persistence of
the violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the person involved.
7.
EOCWD 16-3
Civil penalties may be assessed as follows:
a)
In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
required reports;
b)
In an amount which shall not exceed three thousand dollars
($3,000.00) for each day for failing or refusing to timely
comply with any compliance schedules established by the
District;
c)
In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in violation
of any waste discharge limit, permit condition, or requirement
issued, reissued, or adopted by the District;
d)
In any amount which does not exceed ten dollars ($10.00) per
gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the District;
8.
An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first (31st)
day after it is served on the person unless an appeal and request for
hearing is filed with the Board of Directors pursuant to Section 6.13 no
later than the thirtieth (30th) day following such mailing. An order
assessing administrative civil penalties issued by the Board of
Directors shall be final upon issuance.
9.
Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service or
by registered mail to the person at his/her/its business or residence
address, and upon other persons who appeared at the hearing and
requested a copy of the order.
10.
Any person aggrieved by a final order issued by the Board of
Directors, after granting review of the order of the General Manager,
may obtain review of the order of the Board of Directors in the superior
court, pursuant to Government Code Section 54740.6, by filing in the
court a petition for writ of mandate within thirty (30) days following the
service of a copy of the decision or order issued by the Board of
Directors.
11.
Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
34
The amount of any administrative civil penalties imposed shall
constitute a debt to the District.
12.
6.11
No administrative civil penalties shall be recoverable for any violation
for which the District has recovered civil penalties through a judicial
proceeding filed pursuant to Government Code Section 54740.
CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is guilty of a
misdemeanor, which upon conviction is punishable by a fine not to exceed
$1,000.00, or imprisonment for not more than 6 months, or both. Each violation and
each day in which a violation occurs may constitute a new and separate violation
of this Ordinance and shall be subject to the penalties contained herein.
6.12
EOCWD 16-3
APPEALS TO GENERAL MANAGER
A.
Any Food Service Establishment, permit applicant or Permittee affected by
any decision, action or determination made by the FOG Control Program
Manager or notice of violation issued by any District inspector may file with
the General Manager a written request for an appeal hearing. The request
must be received by the District within fifteen (15) days of mailing of notice of
the decision, action, or determination of the FOG Control Program Manager to
the appellant. The request for hearing shall set forth in detail all facts supporting
the appellant's request.
B.
The General Manager shall, within fifteen (15) days of receiving the request
for appeal, designate a Department Head or other person to hear the appeal
and provide written notice to the appellant of the hearing date, time and place.
The hearing date shall not be more than thirty (30) days from the mailing of
such notice by certified mail to the appellant unless a later date is agreed to
by the appellant. If the hearing is not held within said time due to actions or
inactions of the appellant, then the staff decision shall be deemed final.
C.
At the hearing, the appellant shall have the opportunity to present information
supporting its position concerning the FOG Control Program Manager's
decision, action or determination. The hearing shall be conducted in
accordance with procedures established by the General Manager and
approved by the District's General Counsel.
D.
After the conclusion of the hearing, the Department Head (or other designee)
shall submit a written report to the General Manager setting forth a brief
statement of facts found to be true, a determination of the issues presented,
conclusions, and a recommendation whether to uphold, modify or reverse the
FOG Control Program Manager's original decision, action or determination.
Upon receipt of the written report, the General Manager shall make his/her
determination and shall issue his/her decision and order within thirty (30)
calendar days of the hearing by his/her designee. The written decision and
order of the General Manager
35
shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the General/City Manager shall be final in all respects on the
sixteenth (16th) day after it is mailed to the appellant unless a request for
hearing is filed with the Board of Directors pursuant to Section 6.13, no later
than 5:00 p.m. on the fifteenth day following such mailing.
6.13
APPEALS TO THE BOARD OF DIRECTORS
A.
Any Food Service Establishment, permit applicant, or Permittee adversely
affected by a decision, action, or determination made by the General
Manager may, prior to the date that the General Manager's order becomes
final, file a written request for hearing before the Board of Directors
accompanied by an appeal fee in the amount established by a separate
resolution of the District's Board of Directors. The request for hearing shall
set forth in detail all the issues in dispute for which the appellant seeks
determination and all facts supporting appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the
Board of Directors shall either set the matter for a hearing, or deny the
request for a hearing.
A hearing shall be held by the Board of Directors within sixty-five (65) days
from the date of determination granting a hearing, unless a later date is
agreed to by the appellant and the Board of Directors. If the matter is not
heard within the required time, due to actions or inactions of the appellant, the
General Manager's order shall be deemed final.
B.
The Board of Directors shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or deny
the request for a hearing on appeals of other decisions of the General
Manager shall be within the sole discretion of the Board of Directors.
C.
The appeal fee shall be refunded if the Board of Directors denies a hearing
or reverses or modifies, in favor of the appellant, the order of the General
Manager. The fee shall not be refunded if the Board of Directors denies the
appeal.
D.
After the hearing, the Board of Directors shall make a determination
whether to uphold, modify, or reverse the decision, action, or determination
made by the General Manager.
The decision of the Board of Directors shall be set forth in writing within sixtyfive (65) days after the close of the hearing and shall contain a finding of
the facts found to be true, the determination of issues presented, and the
conclusions. The written decision and order of the Board of Directors shall
be sent by certified mail to the appellant or its legal counsel/representative at
the appellant's business address.
EOCWD 16-3
37
The order of the Board of Directors shall be final upon its adoption. In the event
the Board of Directors fails to reverse or modify the General Manager's order,
it shall be deemed affirmed.
6.14
6.15
PAYMENT OF CHARGES
A.
Except as otherwise provided, all fees, charges and penalties established by
this Ordinance are due and payable upon receipt of notice thereof. All such
amounts are delinquent if unpaid forty-five (45) days after date of invoice.
B.
Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1.
Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a maximum
of $1,000.00; and
2.
A penalty of one and one-half percent (1.5%) per month of the base
invoice amount and basic penalty shall accrue from and after the fortysixth (46th) day after date of invoice.
C.
Any invoice outstanding and unpaid after ninety (90) days shall be cause for
immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D.
Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the District receives written notification of said
appeal prior to the payment due date.
E.
Payment of disputed charges is still required by the due date during
District review of any appeal submitted by Permittees.
F.
Collection of delinquent accounts shall be in accordance with the District's
policy resolution establishing procedures for collection of delinquent obligations
owed to the District, as amended from time to time by the Board of Directors.
Any such action for collection may include an application for an injunction
to prevent repeated and recurring violations of this Ordinance.
FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A.
Delinquent Accounts
The District may require an amendment to the permit of any Permittee who
fails to make payment in full of all fees and charges assessed by the District,
including reconciliation amounts, delinquency penalties, and other costs or
fees incurred by the Permittee.
EOCWD 16-3
37
B.
Bankruptcy
Every Permittee filing any legal action in any court of competent jurisdiction,
including the United States Bankruptcy Court, for purposes of discharging its
financial debts or obligations or seeking court-ordered, protection from its
creditors, shall, within ten (10) days of filing such action, apply for and
obtain the issuance of an amendment to its permit.
C.
Security
An amendment to a waste discharge permit issued, may be conditioned upon
the Permittee depositing financial security in an amount equal to the average
total fees and charges for two (2) calendar quarters during the preceding
year. Said deposit shall be used to guarantee payment of all fees and
charges incurred for future services and facilities furnished by District and
shall not be used by the District to recover outstanding fees and charges
incurred prior to the Permittee filing and receiving protection from creditors in
the United States Bankruptcy Court.
D.
Return of Security
In the event the Permittee makes payment in full within the time prescribed
by this Ordinance of all fees and charges incurred over a period of two (2)
years following the issuance of an amendment to the permit, the District
shall either return the security deposit posted by the Permittee or credit their
account.
6.16
JUDICIAL REVIEW
A.
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
District hereby enacts this part to limit to ninety (90) days following final
decisions in adjudicatory administrative hearings the time within which an
action can be brought to review such decisions by means of administrative
mandamus.
B.
Definitions
As used in this Section, the following terms and words shall have the
following meanings:
EOCWD 16-3
1.
Decision shall mean and include adjudicatory administrative decisions
that are made after hearing, or after revoking, suspending, or denying
an application for a permit.
2.
Complete Record shall mean and include the transcript, if any exists,
of the proceedings, all pleadings, all notices and orders, any
proposed decision by the District's officers, agents, or employees,
the final decision, all admitted exhibits, all rejected exhibits in the
possession of the District or its officers, agents or employees, all
written evidence, and any other papers in the case.
38
C.
Time Limit for Judicial Review. Judicial review of any decision of the
District or its officer or agent may be made pursuant to Section 1094.5 of the
Code of Civil Procedure only if the petition for writ of mandate is filed not later
than the ninetieth (90th) day following the date on which the decision
becomes final. If there is no provision for reconsideration in the procedures
governing the proceedings or if the date is not otherwise specified, the
decision is final on the date it is made. If there is provision for reconsideration,
the decision is final upon the expiration of the period during which such
reconsideration can be sought; provided that if reconsideration is sought
pursuant to such provision the decision is final for the purposes of this
Section on the date that reconsideration is rejected.
D.
The complete record of the proceedings shall be prepared by the District
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. The District may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
E.
If the petitioner files a request for the record within ten (10) days after the date
the decision becomes final, the time within which a petition, pursuant to Section
1094.5 of the Code of Civil Procedure, may be filed shall be extended to not
later than the thirtieth (30th) day following the date on which the record is
either personally delivered or mailed to the petitioner or the petitioner's
attorney of record, if appropriate.
F.
In making a final decision, the District shall provide notice to the party that
Section 1094.6 of the Code of Civil Procedure governs the time within which
judicial review must be sought.
G.
Notwithstanding the foregoing in this Section 6.16, and pursuant to
Government Code Section 54740.6, judicial review of an order of the Board
of Directors imposing administrative civil penalties pursuant to Section
6.1O.D may be made only if the petition for writ of mandate is filed not later than
the thirtieth (30th) day following the day on which the order of the Board of
Directors becomes final.
ARTICLE 7 - SEVERABILITY
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect
the validity of this entire Ordinance or any of the remaining portions hereof. The Board of
Directors hereby declares that it would have passed this Ordinance, and each section,
subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sees, clauses or phrases be declared
unconstitutional or otherwise invalid.
EOCWD 16-3
39
ARTICLE 8 - EFFECTIVE DATE
Water Code section 31105 authorizes the District to adopt ordinances relating to the provision
of sewer services and facilities, and the regulation of those services, and such ordinance may
be in full force and effect immediately upon adoption. Upon adoption, this Ordinance shall
take effect August 1, 2016 and a summary shall be published in a newspaper of general
circulation as provided by law.
PASSED AND ADOPTED by the Board of Directors of East Orange County Water District
this 21st day of July, 2016
President, Board of Directors
East Orange County Water
District
ATTEST:
Secretary of the Board
East Orange County Water District
EOCWD 16-3
40
STATE OF CALIFORNIA
)
). COUNTY OF ORANGE )
I, ______________, Secretary of the Board of Directors of East Orange County Water
District, do hereby certify that the above and foregoing Ordinance No. 16-4 was passed and
adopted at a regular meeting of said Board on the 21st day of July, 2016, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of July, 2016.
Secretary of the Board
East Orange County Water District
2679520.1
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1: AWARD OF SEWER FIRST RESPONDER
VEHICLE TO DOWNTOWN FORD
DATE:
JULY 21, 2016
BACKGROUND
In the event of a sewer spill, a “First Responder” vehicle is outfitted with equipment, tools and
materials designed to contain and limit the extent of the spill as much as possible. The vehicle – which
is a service truck - will be the Standby Duty Operator vehicle, and will carry materials such as neoprene
sheeting used to contain spills, tools such as a manhole cover puller, and equipment such as “cherrypicker” to enable staff to pullout out debris that may be blocking a sewer.
Working closely with OCSD collections system staff and using specifications developed by them
for a first response vehicle, staff requested a quote from Downtown Ford in Sacramento CA. This
particular dealer participates in the California State Contract Program in which the State goes through
an extensive bidding process for all of their vehicles and then allows local public agencies to participate
in the pricing they obtain. Staff also requested fleet pricing from Ken Grody Ford in Buena Park for
comparison. Ken Grody Ford was not able to provide pricing on a 2017 model and could not provide a
2016 model with the factory installed options that were requested. Because of this, staff’s
recommendation is to purchase the 2017 F-250 from Downtown Ford in the amount of $40,274.79.
The delivery time is 16 weeks from when the vehicle is ordered. Staff will designate the District’s
existing F-250 as the First Responder’s vehicle, and will equip it as such, while the new truck is being
constructed.
Key Features of the new vehicle will include:
• 6.2 Litre V-8
• Heavy Duty Suspension
• Backup Alarm
• Rearview Camera
• Trailer Towing Package
• 8 ft. Utility Bed with 6 molded storage compartments
• Spray liner in bed area
• Light Bar
• 110v outlet
• All Terrain Tires
FINANCIAL IMPACT
The initial Sewer Budget approved by the Board at the May 19, 2016 meeting can be used to fund
this expense; additionally, the proposed FY 2016/17 Improvement District 1 Budget includes $45,000
for this vehicle.
RECOMMENDATION
The Board award a contract to Downtown Ford in the amount of $40,274.79 for the purchase of a
2017 F-250 Ford truck that will be used as the Improvement District 1 First Responder Vehicle.
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: STRATEGIC PLAN SCORECARD UPDATE
DATE:
JULY 21, 2016
BACKGROUND
On July 16, 2015, the Board adopted a Strategic Plan that incorporates five strategic goals:
•
•
•
•
•
Goal 1: Water Reliability – EOCWD will provide reliable water services that consider the
environment to meet the needs of the community
Goal 2: Infrastructure – EOCWD will acquire, maintain, and operate our infrastructure to
ensure reliable water services
Goal 3: Community Representation and Engagement – EOCWD will provide responsive
local governance, value and outreach to the communities we serve
Goal 4: Financial Integrity – EOCWD will manage our financial assets to provide and
maintain reliable water services
Goal 5: Professional Workforce – EOCWD will maintain workforce expertise to ensure service
quality, continuity, and reliability
The attached scorecard was approved at the October 15, 2016 Board Meeting as the methodology
that will be used to report progress in achieving the Strategic Plan goals. Staff is required to present a
Strategic Plan update report to the Board twice a year: at the January and July Board Meetings. The
initial scorecard report was presented at the March 17, 2016 Meeting.
The format of the scorecard provides a quick summary of the goals and continuity in reporting. A
discussion below highlights progress achieved during the March 2016-July 2016 reporting period: [Note
the Scorecard is color-coded; Green indicates progress on a goal, red indicates poor performance and
grey indicates that little or no activity occurred in goal or was overcome by other events.
STRATEGIC PLAN
Goal 1: Water Reliability
Strategy 1, Objective 3: Comply with applicable environmental standards: Customers
achieved cumulative 36% conservation and continue to conserve at this rate; alternative fuel
vehicle achieving equivalent of 97 mpg.
Strategy 1, Objective 4: Operate the system using cost-effective principles: Purchased
and constructed pergola to protect East Well motor and well-head from wet/heat and still allow
air cooling and ease of maintenance; estimated savings a minimum of $10,000 over
constructing alternative shelter/housing.
Strategy 2, Objectives 1 & 2 – Treatment Plan: Forward progress on the treatment plant has
stalled, primarily due to lack of resources associated with sewer transfer.
Strategic Plan Scorecard Report
July 21, 2016
Strategy 3, Objectives 1 & 2 – Backup Supply for Groundwater: Continuing water
conservation is reducing stress on well levels; West Well rehabilitation is imminent and if
successful, will provide additional backup reliability and lower energy costs.
Strategy 4, Objectives 1 & 2 – Water Supply Planning: The 2015 Urban Water Management
Update was completed and submitted to the SWRCB; EOCWD participated extensively in
MWDOC’s Orange County Water Reliability Study and participated in a WACO panel
presentation.
Strategy 5, Implement water conservation projects and programs to reflect the value of
water and water service: Developed and implemented the DroughtReach™ Program with
staff and Communications Lab – achieved 36% cumulative reduction and met SWRCB
requirement. Performed SWRCB “Stress Test” and adopted continuing 15% reduction
requirement (from 2013 usage levels).
Goal 2: Infrastructure
Strategy 1, Objectives 3 & 4 Participation in WEROC and explore additional mutual aid:
Continued active participation in WEROC – staff regularly attends meetings, trainings and
participates in regional programs as needed. Staff has been in discussion with Yorba Linda
Water District regarding both water and sewer mutual aid and will be developing an agreement
in the next few months.
Strategy 1, Objective 6 Update Business Continuity Plan: Staff has drafted a plan and is
currently in the process of an outside assessment of electronic systems vulnerability analysis;
report to Board scheduled for August.
Strategy 2, Objective 2 Refine Sedaru System: Laboratory Information Management System
is and Smart Outage implemented; Smart Outage utilized on recent main break – working
through bugs.
Goal 3: Community Representation and Engagement
Strategy 1, Objectives 1-5: Build alliances to support interests of EOCWD: Through the
Sewer Transfer, Local-control.org and FCA, EOCWD’s profile has been elevated and based
upon Lewis Consulting Survey (February 2016), EOCWD has a high approval rating.
DroughtReach was successful in outreaching to Retail Zone customers and guiding them
through potentially onerous situation with limited friction. Long-range communications and
outreach to both customers, and regional and statewide stakeholders and decision-makers
underway.
Strategy 3, Objective 1: Measure and report customer satisfaction - As part of the outreach
effort for the sewer transfer, polling data from both the sewer transfer area and the Retail Zone
was analyzed to determine District strengths and weaknesses; rate setting process will be a
further opportunity to establish trust, communication and relationship with customers.
2
2
Strategic Plan Scorecard Report
July 21, 2016
Goal 4: Financial Integrity
Strategy 1, Objectives 1-8: Ensure adequate financial capacity: Rate study for both WZ
and RZ water fees and capacity charges completed; implementation of Prop 218 process for RZ
is commencing soon; public hearing on 9/15/16. While RZ will show a loss for 2015/16, loss was
mitigated to fullest extent possible by careful spending and resource allocation; past fixed
charge implementation also mitigated impact of reduced water sales.
Strategy 3, Objectives 1 & 2: Provide mutually beneficial water services to an area: The
successful integration of the former Service Area ;7 is underway; scheduled to handover on
August 1.
Strategy 5, Objectives 1: Track and report Strategic Plan progress to Board: On schedule
for reporting to Board.
Strategy 6, Objectives 1: Consolidate policies and make easily accessible to Directors:
Staff is in the process of evaluating document management systems to create website
accessible library.
Goal 5: Professional Workforce
Strategy 1, Objective 3: Develop compensation plan that provides District the ability to
attract and retain an excellent work force: Phase 2 of Compensation Plan for Operations &
Administration Staff approved at February 18th Board Meeting.
FISCAL IMPACT
None.
RECOMMENDATION
Information only; no action is required.
3
3
2014 Strategic Business Plan Scorecard
EOCWD Strategic Plan Scorecard - Update 07/21/16
Our Vision is to maintain our community’s high quality of life through provision of valued water and wastewater services
Our Mission is to provide our customers with reliable, high quality water services featuring home town service, fiscal discipline and direct
accountability
ITEM
DESCRIPTION
PRIORITY
STATUS
%
TARGET LEAD/MG
COMPLETE
DATE
R
Goal 1: EOCWD will provide reliable water services that consider the environment to meet the needs of the community
Strategy 1 – Operate the system to achieve service level standards
Objective 1: Set practical service level goals
Establish Board agreed to service levels (e.g. Human voice,
resolve customer issue in a single call, 20 min response)
1
Will be developed as part of Rate Study
80%
Sep-16
Ohlund
Objective 2: Meet the service level goals
Develop metrics to measure achievement & report to Board
1
Will be developed as part of Rate Study
Ongoing
Aug-16
Ohlund
1
Customers achieved cummulative
36% water use reduction during past
year; still saving at same rate.
Alternate energy vehicle achieving
equivalent of 97 mpg
Ongoing
Jul-16
Ohlund
Develop practical and cost-effective standards for
financially sustainable practices that exceed
requirements
1
After rain impacted a motor on the
East Well, staff identified a costeffective shelter solution at Costco,
purchasing and constructing a pergola
that provides both wet and hot
weather protection to the well; total
cost was $1,000 plus staff time to
construct; estimated savings
~$10,000
Ongoing
Jul-16
Ohlund
Objective 1: Refine treatment plant financial and reliability benefits
Develop MOU with City of Santa Ana for further
discussion of Treatment Plant & Grant Opportunities
1
In progress
15%
Jan-17
Ohlund
Objective 2: Provide a decision pathway for board action
Provide report and recommendations to Board
1
To be developed
5%
Jan-17
Ohlund
90%
Aug-16
Ohlund
90%
Sep-16
Ohlund
Objective 3: Comply with applicable environmental standards
Objective 4: Operate the system using cost-effective principles
Develop practical and cost-effective standards for
environmentally sustainable practices that exceed
requirements
Strategy 2 – Determine appropriate role of water treatment for EOCWD
Strategy 3 – Provide adequate backup supply for groundwater production
Objective 1: Assess required level of reliability
Provide report and recommendations to Board
1
Continued water conservation
assisting reliability; West Well
scheduled for rehabilitation
Objective 2: Implement solution
Provide report and recommendations to Board
2
Pending successful rehabilitatio of
West Well; new well deferred
Strategy 4 – Conduct planning to ensure reliable and high quality water supply and implement appropriate policies and infrastructure
1 of 5September 11, 2014
2014 Strategic Business Plan Scorecard
Objective 1: Complete the 2016 UWMP Update
Develop update to 2010 UWMP via participation in
MWDOC Choice Program using Arcadis Consulting
Engineers
1
Adopted by Board at June 16, 2016
Board Meeting
100%
Jun-16
Everest
Objective 2: Participate in and review the MWDOC Reliability Study
Participate in OC Water Reliability Study and provide
comments
2
Phase 1 Complete, Phase 2
commencing
80%
Jan-17
Ohlund
Objective 3: Develop an EOCWD Integrated Resources Plan that informs and integrates with the
Develop an EOCWD IRP
Master Plan
2
Scheduled for FY 16-17
0%
Jan-16
Everest
Objective 4: Develop additional appropriate water supplies if/as needed
2
Scheduled for FY 16-17
0%
Jan-16
Everest
100%
Ongoing
Ohlund
Assess as part of EOCWD IRP
Strategy 5 – Maintain active water conservation program
Objective 1: Implement water conservation projects and programs to reflect the value of
water and water service
Develop and Implement DroughtReach™ Program with
staff & Communications LAB
1
SWRCB Initial Requirements
Complete - Target Achieved.
Conducted Stress Test and adopted
continuing 15% reduction
requirements (from 2013 usage
levels).
Objective 2: Leverage funding through regional water agencies
Support MWDOC in accessing funding; determine if
Proposition 84 funding is available through OCWD
2
In progress
80%
Ongoing
Ohlund
Goal 2: Infrastructure - EOCWD will acquire, maintain and operate our infrastructure to ensure reliable water services
Strategy 1 – Ensure EOCWD can adequately respond to anticipated emergencies
Objective 1: Update the emergency response plan
Review and Update ERP
1
In progress
25%
Jul-16
Mendzer
Objective 2: Evaluate expansion of interconnections
Review and Update ERP
2
Scheduled for FY 16-17
0%
Jul-16
Everest
100%
Ongoing
Mendzer
Objective 3: Continue active participation in WEROC
Attend quarterly meetings and training
1
Staff attends meetings, trainings and
participates in regional programs as
needed
Objective 4: Explore additional mutual aid agreements
Review and Update ERP
2
In discussion with YLWD
50%
Ongoing
Ohlund
75%
Jul-16
Mendzer
Objective 5: Evaluate radio communications needs and capability
Review and Update ERP
1
General Manager & Field Staff have
Amateur Rado Licenses; other radio/cell
communications will be evaluated under
ERP update
Objective 6: Update business continuity plan
Review and Update ERP
1
Scheduled for FY 16-17
50%
Aug-16
Ohlund
Objective 1: Complete the Master Plan / Capital Improvement Plan
Develop Final Master Plan for WZ/RZ and annual updates of
WZ/RZ CIPs
1
In progress
90%
May-16
Everest
Objective 2: Continue to refine Sedaru system to incorporate remaining facilities
Incorporate Sedaru programming updates to integrate
water quality data and drought conservation information
1
Smart Outage and LIMS
implemented; debugging required for
Smart Outage
80%
Ongoing
Mendzer
Objective 3: Annually report on the operations and maintenance status of key assets
Provide report and recommendations to Board
1
Being incorporated into the annual
budget process
25%
Jan-17
Mendzer
Strategy 2 – Ensure infrastructure is appropriately maintained and replaced
2 of 5September 11, 2014
2014 Strategic Business Plan Scorecard
Provide report and recommendations to Board
1
Being incorporated into the annual
budget process
5%
Jan-17
Mendzer
Objective 1: Implement and track the strategy
Provide report and recommendations to Board
2
In progress
20%
Jan-17
Everest
Objective 2: Evaluate backup power requirements
Provide report and recommendations to Board
2
In progress
10%
Jan-17
Everest
Objective 4: Report to board on deferred maintenance and provide solutions
Strategy 3 – Develop an energy strategy
Goal 3: Community Representation and Engagement - EOCWD will provide responsive local governance, value and outreach to the communities we serve
Strategy 1 – Build alliances to support the interests of EOCWD
Objective 1: Identify and engage opinion leader customers
Establish a Citizen's Advisory Committee and appoint
members; continue work with FCA & other opinion
leaders
Objective 2: Develop action plans for engaging the member agencies
Hold quarterly meetings with Member Agencies and
consult on action plan
1
CAC establshed and held 2 meetings
100%
Mar-16
Ohlund
1
Held two recent quarterly meetings
and developed summer operating
plan to limit effects of power outages
10%
Jun-16
Ohlund
75%
Ongoing
Ohlund
Objective 3: Identify and develop outreach projects and programs for key constituencies
Develop through Drought Plan/Sewer Transfer; identify
long-range outreach
1
Outreach program developed;
Communications Lab and Lewis
Consulting retained for
implementation
Objective 4: Leverage external communications resources
Develop profile & presence through Drought Plan/\Sewer
Transfer; identify long-range outreach opportunities
1
Regular and consistent outreach
opportunities identified
90%
Ongoing
Ohlund
Objective 5: Interact with representatives in Sacramento
Develop through Sewer Transfer/Drought issues; identify
long-range outreach
1
Retain Townsend Public Affairs for
outreach in Sacramento
25%
Ongoing
Ohlund
Objective 1: Evaluate streamlining the committee process
Identify opportunities as they arise to streamline committees
3
Reduced Standing Committees by 1 and
Ad-Hoc Committees by 2
100%
Feb-16
Ohlund
Objective 2: Evaluate and ensure adequate checks and balances and proper delegation of
authority to the GM
Develop and discuss this issue at annual Board Strategic
Planning Workshop
3
Report to Board at Fall Workshop
0%
Oct-16
Ohlund
Integrate with Goal 1/Strategy 1 and develop measurable
standards
1
In progress
25%
Jul-16
Ohlund
1
Reinforced customer relations efforts
during DroughtReach. Rate setting
process will be further opportunity to
connect with customers.
Ongoing
Jul-16
Ohlund
Strategy 2 – Streamline Board deliberations
Strategy 3 – Maintain Excellent customer service
Objective 1: Develop measures to assess customer satisfaction
Objective 2: Measure and report customer satisfaction
Integrate with Goal 1/Strategy 2 and report to Board
Goal 4: Financial Integrity - EOCWD will manage our financial assets to provide and maintain reliable water services
Strategy 1 – Ensure that adequate financial capacity exists to maintain Districts assets
3 of 5September 11, 2014
2014 Strategic Business Plan Scorecard
Objective 1: Complete the rate study and rate setting process
Develop fair and reasonable rates to fund cost of service
under Propositions 218 and 26
1
In progress
80%
Sep-16
Ohlund
Objective 2: Integrate CIP requirements into financial plan
Develop fair and reasonable rates to fund cost of service
under Propositions 218 and 26
1
Part of Rate Study above
100%
May-16
Ohlund
Objective 3: Evaluate fixed vs variable charges
Develop fair and reasonable rates to fund cost of service
under Propositions 218 and 26
1
Part of Rate Study above
100%
Ongoing
Ohlund
Objective 4: Evaluate water budget based rates
Develop fair and reasonable rates to fund cost of service
under Propositions 218 and 26
1
Part of Rate Study above
100%
May-16
Ohlund
Objective 5: Evaluate reserve policy for the retail system
Develop fair and reasonable rates to fund cost of service
under Propositions 218 and 26
1
Part of Rate Study above
100%
May-16
Ohlund
Objective 6: Assess penalty rates during allocations
Evaluate applicability of penalty rates to each customer in
violation of Conservation Ordinance by billing period and
cummulatively
1
8 of 9 months completed
100%
Apr-16
Ohlund
Objective 7: Develop an annual budget
Develop WZ/RZ Budget through Finance Committee
review process and Board adoption
1
In progress
100%
Ongoing
Ohlund
Objective 8: Manage within the budget (beyond emergencies)
Review revenue and expenditures on a monthly basis
with Finance Committee
1
In progress
100%
Ongoing
Ohlund
Objective 9: Receive an unqualified audit outcome each year
Annually prepare draft June 30 Financial Statements and
submit to Auditor for review & comment
1
Unqualified audit and management letter
presented to the Board at the December
18, 2015 Meeting
100
Ongoing
Ohlund/
Byerrum
1
In progress
25%
May-16
Ohlund
Strategy 2 – Consider rate parity with neighboring communities in the establishment of our rates and charges
Objective 1: Periodically conduct rate surveys
Obtain rate information from Tustin, Orange, Golden State,
IRWD, Serrano, Yorba Linda annually
Strategy 3 – Provide mutually beneficial water services to an area and contiguous utilities
Objective 1: Examine opportunities for service expansion
Identify opportunities as they arise and present to Board
3
Sewer Transfer in progress
0%
Ongoing
Ohlund
Objective 2: Actively engage in LAFCO proceedings
Attend monthly Commission Meetings and report to
Board
1
In progress
100%
Ongoing
Ohlund
Identify Best Practices and develop benchmarking report
2
In progress
0%
Jan-16
Ohlund
Report progress to Board using Strategic Plan Scorecard
on a semi-annual basis
1
Report on schedule
100%
biannually
Ohlund
Develop Intranet for Board & employee use
3
In progress
50%
Jul-16
Ohlund
1
In progress
10%
Jul-16
Ohlund
Strategy 4 – Ensure the District operations are efficient and effective
Objective 1: Conduct selected benchmarking to track performance
Strategy 5 – Implement the Strategic Plan
Objective 1: Track and report progress to the Board
Strategy 6 – Consolidate policies and make easily accessible to Directors
Objective 1: Explore website systems to house key policies
Goal 5: Professional Workforce - EOCWD will maintain workforce expertise to ensure service quality, continuity, and reliability
Strategy 1 – Develop long-term strategy to retain staff
Objective 1: Assess staff morale
Interview staff and report results to Board
4 of 5September 11, 2014
2014 Strategic Business Plan Scorecard
Objective 2: Conduct staffing assessments to identify needs and present to board for
consideration
Develop staffing assessment as part of annual budget
process
Objective 3: Determine appropriate mix of financial and benefit incentives (including
evaluation of current housing stock
Objective 4: Develop a succession plan
1
In progress
50%
Ongoing
Ohlund
Develop compensation plan that provides District the
ability to attract and retain an excellent work force
3
Phase 2 of Compensation Plan
Adopted at February 2016 Board
Meeting
100%
Ongoing
Ohlund
Develop succession plan and report to Board
3
Scheduled for FY 16-17
0%
Jan-17
Ohlund
1
In progress
60%
Jul-16
Ohlund
1
In progress
10%
Jan-16
Ohlund
1
Scheduled for FY 16-17
0%
Jul-17
Ohlund
Objective 1: Develop a training plan
Develop training plan that incorporates safety, operations,
maintenance, customer service and administration
requirements
1
In progress
10%
Sep-16
Ohlund
Objective 2: Track training activities
Develop training monitoring report
1
In progress
10%
Sep-16
Ohlund
Strategy 2 – Ensure that technology is appropriately deployed within the District
Objective 1: Complete evaluation of expanding AMI/AMR (integrating into Sedaru)
Objective 2: Evaluate and implement SCADA system improvements
Objective 3: Develop and implement knowledge management
Investigate options for AMI/AMR and Sedaru Integration
and report to Board
Prepare a report on SCADA system status and options and
report to Board
Prepare a report on knowledge management and report to
Board
Strategy 3 – Ensure staff training and certifications are adequate to maintain capability
5 of 5September 11, 2014
BLANK PAGE
MWDOC Presentation Larry Dick
Exhibit J
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: PRESENTATION BY MWDOC DIRECTOR LARRY DICK CONGRATULATING
EOCWD CUSTOMERS ON ATTAINING 36% CONSERVATION GOAL
DATE:
JULY 21, 2016
BACKGROUND
East Orange County Water District’s MWDOC representative, Director Larry Dick, will be
present at the Board Meeting to present the Board with a proclamation from the MWDOC Board
recognizing our customer’s achievement in meeting the State’s 36% conservation mandate. Attached
is a press release that MWDOC prepared in May advertising EOCWD’s (and other agencies’)
conservation achievements.
It is appropriate at this time to extend our thanks to the MWDOC Board and staff for their
leadership and the extensive assistance they provided to us that not only was instrumental in our
successful outreach program, but significantly augmented both our staffing resources and outreach by
the strategic placement of advertising in our area and the knowledge transfer, graphic artwork, and
other technical services they provided to us. MWDOC facilitated weekly meetings in the early days of
the emergency regulations that provided clarity to us in deciphering how to go about achieving the
required reductions, and they advocated relentlessly with the SWRCB – particularly for the agencies
that were tasked with 36% reductions. General Manager Rob Hunter has reached out to District staff
on several occasions with valuable advice and keen observations.
Director Dick in particular deserves special appreciation. He has provided EOCWD with
unassuming and valuable assistance in facilitating meetings with local and regional elected officials,
opportunities for EOCWD to raise our profile both within the county and in the larger Southern
California area, and he is also a tireless advocate for small, efficient and cost-effective government;
values that are important to our district.
FINANCIAL IMPACT
None.
RECOMMENDATION
The Board accept the proclamation on behalf of the customer’s that achieved the conservation
mandate, direct staff to communicate the recognition to our customers, and to express appreciation to
Director Dick and MWDOC for the support and professionalism they exhibit in their service to the water
community.
NEWS RELEASE
FOR IMMEDIATE RELEASE
Contact:
Bryce Roberto, Public Affairs Assistant; Office: (714) 593-5017
Orange County Residents Answer Governor Jerry Brown’s Call for Water Conservation,
Exceed the State’s Mandated Urban Water Usage Reduction Goal
Fountain Valley, CA (April 6, 2016) – Orange County residents saved 93,141 acre-feet of water – enough to
supply over 184,000 households for one year – in the nine months since state-mandated water conservation
measures took effect. The collective effort of all OC residents propelled the county to exceed its state-mandated
reduction goal.
East Orange County Water District, Serrano Water District, and Yorba Linda Water District led Orange County in
total savings, surpassing their mandated 36 percent reduction goal – the maximum possible amount assigned by
the State Water Resources Control Board. The cities of Seal Beach and Santa Ana, as well as Golden State Water
Service [West Orange] exceeded their mandated conservation goals by the largest margins.
On April 1, 2015 Governor Brown issued Executive Order B-28-15, which directed the state water board to impose
restrictions to achieve a statewide 25 percent reduction in potable urban water use. The water board then directed
individual water agencies across California to reduce water usage between 8 percent and 36 percent – relative to
2013 water usage - to achieve the statewide goal.
The Municipal Water District of Orange County began tracking conservation efforts for the entirety of Orange
County, calculating that the entire county must reduce urban water use by a total of 21.73 percent in the nine
months of mandatory conservation. Local agencies used many tactics to encourage water reduction, including but
not limited to: bill inserts with conservation goals, various social media campaigns, and limiting outdoor irrigation to
once or twice a week – it is estimated that nearly half of Orange County’s water consumption is for outdoor
irrigation.
From June 2015 to February 2016 Orange County residents surpassed the 21.73 percent water-reduction
goal assigned by the water board. Comparatively, California collectively achieved a 23.9 percent reduction
in urban water usage, falling short of the Governor’s 25 percent goal but still saving an estimated 1.19
million acre-feet – an acre-foot is enough to provide water to two households for one year.
The State Water Resources Control Board has been directed to extend emergency
regulations through October 31, 2016, and will hold a public workshop April 20, to
receive input on potential modification of current emergency regulations. Input from
previous meetings proved effective as regulations have been loosened for some Orange
County Water agencies, to reflect water conservation efforts and water supply sources.
For more about MWDOC, visit www.mwdoc.com
For more on state mandates, visit
http://www.waterboards.ca.gov/water_issues/programs/conservation_portal/
emergency_regulation.shtml
Street Address: 18700 Ward Street, Fountain Valley CA 92708
Phone Number: (714) 963-3058 Website: www.mwdoc.com Twitter: @MWDOC
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: NOMINATION OF PRESIDENT DOUG DAVERT FOR THIRD VICEPRESIDENT SEAT ON THE ISDOC BOARD OF DIRECTORS
DATE:
JULY 21, 2016
BACKGROUND
EOCWD is a member of the Independent Special Districts of Orange County (ISDOC), an
association comprised of ALL independent special districts in Orange County, including libraries, vector
control and cemetery districts in addition to water and wastewater districts. ISDOC is also the Orange
County Chapter of the California Special Districts Association, and it is via the vote of ISDOC members
that the LAFCO special district representatives are selected.
ISDOC is currently seeking candidates for the positions of President, First Vice-President,
Second Vice-President, Third Vice-President, Secretary and Treasurer for its Executive Committee.
Terms are for two years commencing on January 1, 2017. A mail ballot election will be held during the
month of September. Nominations are due by August 19th and is open to any Board Member of any
regular ISDOC member agency.
Individuals that wish to be considered for a position must submit a letter of interest for the
position along with a resolution from their Board authorizing their candidacy. President Davert has
indicated that he would like to run for the position of Third Vice-President, whose duties include chairing
the Legislative Committee and in the absence of the President, First Vice President and Second Vice
President, serves as the President. The Legislative Committee reports on legislation of interest to
special districts and recommends support and opposition positions.
Attached to this memo is a resolution of support for President Davert’s candidacy for the
Board’s consideration, as well as a copy of his biography; should the Board approve the resolution, a
letter of interest will be developed for submission along with the resolution.
FINANCIAL IMPACT
There may be some slight incidental expense reimbursement associated with the position; no
Director Fees would be expended as President Davert does not take a stipend for meetings.
RECOMMENDATION
The Board consider approval of the resolution of support for President Douglass S. Davert’s
nomination for the Third Vice-President position on the ISDOC Executive Committee.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST ORANGE COUNTY WATER DISTRICT
IN SUPPORT OF DOUGLASS S. DAVERT
FOR THIRD VICE-PRESIDENT
INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY
WHEREAS, the Independent Special Districts of Orange County (ISDOC) is seeking
candidates for various Executive Committee Officers; and
WHEREAS, one of the Executive Committee Officer positions that is vacant is the office
of Third Vice-President; and
WHEREAS, the Third Vice-President chairs the Legislative Committee and, in
the absence of the President, First Vice-President and Second
Vice-President, serves as President; and
WHEREAS, Douglass S. Davert is a member of the East Orange County Water District
and, therefore, qualified to serve as a representative of a Special District on
the ISDOC Board; and
WHEREAS, Douglass S. Davert has submitted a biography describing his public sector
experience as an elected and appointed official for various local and regional
agencies; and
WHEREAS, Douglass S. Davert is seeking the Third Vice-President office on the
Executive Committee; now therefore, be it
RESOLVED, that the Board of Directors of the East Orange County Water District
supports the candidacy of Douglass S. Davert for Third Vice-President; and
be it further
RESOLVED, that the Board of Directors of the East Orange County Water District
directs their representative to ISDOC to vote for Douglass S. Davert for
the Third Vice-President position.
1
PASSED AND ADOPTED this 21st day of July, 2016 by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Douglass S. Davert, President
East Orange County Water District
ATTEST:
Joan Arneson, Secretary
Water District
2
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1 – ANNUAL SEWER LINE CLEANING
DATE:
JULY 21, 2016
BACKGROUND
The intent of sewer line cleaning is to remove foreign materials from the lines and restore the
sewer to a minimum of 95% of the original carrying capacity. Since the success of the overall sewer
enterprise depends a great deal on the cleanliness/non-obstruction of these lines, the importance of
these services cannot be overstated, and was and is a central point in our Plan of Services for the
operations and maintenance of the sewer system.
Performance Pipeline Technologies (PPT) has had the contract for the cleaning of the Service
Area 7 sewers since 2008. Mike McCusker, PPT’s field supervisor, worked on these sewers when he
was employed at OCSD in the 1990s and has an encyclopedic knowledge of the condition of the
sewers. Because of this, our Plan anticipated that we would contract with PPT – assuming they
provided their services at the same cost that OCSD obtained – for a one year period with the option for
two extensions. PPT has provided EOCWD with the rate schedule that OCSD is using.
The sewer cleaning schedule has been split into twelve segments and one segment is typically
issued for each month (unless PPT is working ahead due to upcoming vacation schedules or other
scheduling issues). A segment is comprised of about 40,000 lineal feet of sewer – an experienced
crew can typically clean 5,000 lineal feet (one mile) of 8-inch clay pipe in an eight-hour period.
The twelve segments have been integrated into SEDARU; PPT has been working with staff on
the integration of the OCSD data, setting up performance parameters and incorporating suggested
improvements into SEDARU’s basic sewer asset management system. The system will be ready to roll
out on August 1st; historical data will be integrated in over the coming months.
Attached is the contract with PPT that: 1) provides for a $375,000 budget for this work; actual
billing will be based upon the bid pricing shown in Exhibit A and upon the actual quantity of pipe
cleaned; and 2) provides specifications for the conduct of the work to ensure consistency. EOCWD field
staff will provide field inspection of the cleaning on a periodic basis.
FINANCIAL IMPACT
Funding for line cleaning has been included in the ID1 Operating Budget Account #5051-30..
RECOMMENDATION
The Board approve a contract with Performance Pipeline Technologies for a budgeted amount
of $375,000 for annual sewer pipeline cleaning services for FY 16/17, with the option of two, one-year
renewals.
EAST ORANGE COUNTY WATER DISTRICT
AGREEMENT FOR ANNUAL SEWER PIPELINE CLEANING
THIS AGREEMENT is made and entered into this 21st day of July, 2016, by and
between East Orange County Water District, a county water district formed and existing pursuant
to Water Code Section 30000 et. seq.(“Owner”) and Performance Pipeline Technologies.,
(“Contractor”);
W I T N E S S E T H;
Owner and Contractor, for the consideration stated herein, agree as follows:
1)
Work
A. Contractor shall perform everything required to be performed and shall provide all
labor, materials, tools, expendable equipment, supplies, utilities and transportation services
required to perform annual pipeline cleaning services to the local sewer system located in
Improvement District 1 of the Owner’s service area. Said work shall be conducted in accordance
with the attached Scope of Work supplied by Owner and which is by this reference incorporated
herein.
B. All labor, tools, services, material and equipment shall be furnished and the work
performed and completed under the inspection and subject to approval of Owner or its authorized
representative.
C. Contractor will be responsible for keeping itself informed of and complying with all
laws, ordinances and regulations applicable to the work, including, but not limited to, those
pertaining to safety.
D. The provisions of this Agreement are standard and shall govern the work to the extent
they are applicable.
E. If a schedule of work items includes alternative bid items that may be added to
(“additive items”) or deducted from (“deductive items”) the bids (collectively, “Alternative Bid
Items”), the lowest responsible bidder will be determined from the total of the base bid for the
schedule and all Alternative Bid Items.
F. No bid will be accepted from a bidder who is not a licensed contractor in the State of
California for the contracting class indicated in the invitation or request for proposals.
1
2)
Contract Budget
Owner establishes a not-to-exceed budget of $380,000 for this work. Contractor will
submit monthly invoices listing the actual work completed, quantity and pricing pursuant to the
Bid submitted as Exhibit A. Monthly progress payments shall be made on the basis of work
completed. EOCWD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
3)
Changes
A. Owner may require changes in, additions to, or deductions from the work.
Adjustments, if any, in the Contract Price by reason of any such change, addition, or deduction
shall be determined as follows:
Extra work done by Contractor at the direction of Owner shall be on a time and expense
basis. Payment to Contractor for extra work performed on a time and expense basis shall consist
of the actual necessary expense for extra work, plus an allowance of fifteen (15%) percent of
labor, material and equipment rental for overhead, general superintendence and profit, plus (1%)
percent for bonds. This basis of payment applies to work done directly by Contractor and to
work done by a subcontractor except the fifteen percent (15%) allowance for overhead,
superintendence and profit shall not apply to work performed by a subcontractor. Owner may,
by written order to Contractor, delete work, equipment, and material to be provided under this
Agreement and the value of the deleted work, equipment, and material will be deducted from the
contract price. The deducted value will be a lump sum or unit price agreed upon in writing by
Contractor and Owner based on breakdown and cost information submitted by Contractor.
Without making an adjustment of the Contract Price or time for completion, Owner may order
minor changes in the work not inconsistent with the purposes for which the work is being
constructed. If Contractor believes that any order for minor changes in the work involves
changes in the Contract Price or time for completion, Contractor shall proceed with the minor
changes so ordered and shall within ten (10) days of the receipt of such order notify Owner in
writing of his estimate of the changes in the contract amount and time for completion he believes
to be appropriate.
B. No payment for changes in the work will be made and no change in the time for
completion by reason of changes in the work will be made, unless the changes are covered by a
written change order approved by the Owner in advance of Contractor's proceeding with the
changed work.
4)
Contract Term
The Services provided under this contract are made and entered into to be effective
August 1, 2016 and terminate June 30, 2017. EOCWD may exercise the option to renew the
Contract for up to two (2) one-year periods based upon the criteria set forth in the Scope of Work
and Exhibits A if mutually acceptable contract terms can be negotiated. EOCWD shall make no
obligation to renew nor give reason if it elects not to renew.
2
5)
Indemnification
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, Owner’s representative, and Owner’s engineers and architects, and each of their
directors, officers, agents and employees from and against all claims, damages, losses, expenses,
and other costs, including but not limited to costs of defense and attorneys’ fees, arising out of or
resulting from or in connection with the performance of the Work, provided that any of the
foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of
Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder. However, to the extent that liability is caused
by the active negligence or willful misconduct of a party indemnified hereunder, Contractor’s
indemnification obligation shall be reduced in proportion to the indemnified party’s share of
liability for its active negligence or willful misconduct, if any, but the acceptance or approval of
Contractor’s work by Owner or any other indemnified party shall not reduce Contractor’s
indemnification obligation. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to
any party or person described in this paragraph. Such obligation shall not extend to the liability
of Owner, Owner’s representative, or Owner’s engineers, architects, officers or employees
arising out of or resulting from or in connection with the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, provided the foregoing was the
sole and exclusive cause of the loss, damage or injury. Contractor shall also indemnify and hold
harmless Owner, Owner’s representative, and Owner’s engineers and architects, and each of
their directors, officers, agents and employees from and against all claims, damages (including
damage to the Work itself), losses, expenses, and other costs, including but not limited to costs of
defense and attorneys’ fees, which any of them may incur with respect to the failure, neglect or
refusal of Contractor to faithfully perform the work and all of Contractor’s obligations under the
Agreement. Such costs, expenses, and damages shall include all costs, including attorneys' fees,
incurred by the indemnified parties in any lawsuit to which they are a party, and/or in defending
against any claims or stop notices. In any and all claims against the indemnified parties by any
employee of Contractor, any subcontractor, any supplier, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, the indemnification
obligation under this paragraph shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for Contractor, or any
subcontractor, or any supplier or other person under workers compensation acts, disability
benefit acts, or other employee acts.
6)
Time For Completion
Contractor agrees to commence the work provided for herein within a reasonable period
of time after a work order has been received by Contractor, and to proceed to diligently pursue
the work to completion.
3
7)
Listing of Subcontractors
Contractor agrees that except to the extent that subcontractors were set forth in its bid,
that all work in excess of one-half of one percent shall be performed by Contractor. It is agreed
and acknowledged that should Contractor fail to conform hereto or with any of the requirements
of Section 4100 through and inclusive of Section 4114 of the Public Contract Code, Contractor
shall be subject to the requirements and penalties of Section 4106 of the Public Contract Code.
8)
Insurance
Contractor shall not commence any work on this project until Contractor has obtained all
insurance required herein. Contractor shall not permit any subcontractor to commence work on
this project until the same insurance requirements have been complied with by such
subcontractor. Contractor shall take out and maintain at all times during the performance of this
Agreement the following policies of insurance:
A.
Public Liability and Property Damage Insurance: Contractor shall carry and
maintain insurance coverage for public liability and property damage on account of
bodily injuries, including death resulting therefore, in the sum of not less than $1,000,000
for one person and $2,000,000 for more than one person, and property damage in the sum
of not less than $1,000,000 resulting from any one accident which may arise from the
operation of Contractor in the performance of the work that is provided for herein.
Owner, its officers, agents and employees shall be designated as additional insureds.
Contractor shall provide certification and endorsement of the above-listed insurance
coverages on Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Comprehensive or Commercial General Liability, Exhibit “B” attached to and incorporated
herein.
B.
Motor Vehicle Public Liability and Property Damage Insurance: Contractor shall
carry and maintain a motor vehicle public liability and property damage insurance
covering each automobile, truck, and other vehicle used in the performance of this
Agreement, in an amount of not less than $1,000,000 for one person and $2,000,000 for
more than one person and property damage in the sum of not less than $1,000,000
resulting from any one accident which may arise from the operation of Contractor in the
performance of the work that is provided herein.
Insurers shall have financial and size ratings of at least an "A", VIII in accordance with
the most current Best's Key Rating Guide, Property Casualty. Contractor shall provide
certification and endorsement of the above-listed insurance coverages on Owner’s forms of
Certificate of Insurance and Insurance Endorsement for Comprehensive or Commercial General
Liability, Exhibit “B” attached to and incorporated herein.
4
C.
Workers Compensation Insurance and Employers Liability Insurance: Contractor
shall carry and maintain workers compensation insurance in not less than the statutory
limit and employers liability insurance in an amount of not less than: $1,000,000 each
accident, $1,000,000 each disease - policy limit, and $1,000,000 each disease - each
employee.
Contractor shall provide certification and endorsement of the above-listed insurance
coverages on Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Workers’ Compensation and Employers’ Liability, Exhibit “C” attached to and incorporated
herein. Contractor shall also complete and sign the Certificate Regarding Workers’
Compensation, Exhibit “D” attached to and incorporated herein.
Nothing contained in the foregoing insurance requirements is to be construed as limiting
the extent of the liability of Contractor or Contractor’s sureties.
9)
Bonds
If the above-stated Contract Price is greater than $25,000.00, then before commencing
performance of the work contracted for hereunder, Contractor shall furnish a payment bond
approved by Owner as required by Section 9550 of Civil Code, in an amount not less than one
hundred (100%) percent of the sum payable hereunder, and Contractor shall also furnish a
faithful performance bond approved by Owner in the amount of one hundred (100%) percent of
the sum payable hereunder. Said bonds shall be secured from a surety company satisfactory to
Owner and who is authorized to transact business in this State. Contractor shall use Owner’s
form for the payment bond, Exhibit “E” and performance bond, Exhibit “F” attached to and
incorporated herein. A certified power of attorney must be attached to each bond. Said bonds
shall continue in full force and effect for the guarantee period. All alterations, time extensions,
extra and additional work, and other changes authorized by the specifications, or any part of this
Agreement, may be made without securing consent of the surety or sureties on the contract
bonds.
10)
Arbitration
Should any dispute arise under the provisions of this Agreement, Owner may direct
Contractor to proceed with the Work. Except to the extent otherwise provided in Section 22,
payment shall be as later determined by arbitration in accordance with the rules of the American
Arbitration Association (AAA) and judgment upon the award shall be entered in any court
having jurisdiction thereof. Although such work shall not be construed as being commenced
under extra work provisions, Contractor shall keep and furnish records of all disputed work.
11)
Guarantees
Besides guarantees required elsewhere, Contractor shall and hereby does guarantee all
Work for a period of two years after the date of acceptance of the Work by Owner and shall
5
repair and replace any and all such Work, together with any other Work which may be displaced
in so doing, that may prove defective in workmanship and/or materials within the two-year
period from date of acceptance, without expense whatsoever to Owner, ordinary wear and tear
and unusual abuse or neglect excepted. In the event of Contractor’s failure to comply with the
above mentioned guarantee within seven (7) days after being notified in writing, Owner is
hereby authorized to proceed to have the defects repaired and made good at the expense of
Contractor who hereby agrees to pay the cost and charges therefor, immediately on demand.
Contractor’s guarantee is in addition to any and all manufacturer’s guarantees and warranties,
both express and implied. The faithful performance bond and the payment bond shall continue
in full force and effect for the entire guarantee period. If, in the opinion of Owner, defective
work creates a dangerous condition or requires immediate correction or attention to prevent
further loss to Owner or to prevent interruption of operations of Owner, Owner will attempt to
give the notice required by this section. If Contractor cannot be contacted or does not comply
with Owner’s request for correction within a reasonable time as determined by Owner, Owner
may, notwithstanding the provisions of this Section, proceed to make such correction or provide
such attention; and the costs of such correction or attention shall be charged against Contractor.
Such action by Owner will not relieve Contractor of the guarantee provided in this section or
elsewhere in this Agreement.
12)
Progress Payments
A. The following is a summary of the provisions of Article 1.7 of Chapter 1 of Part 3 of
Division 2 (commencing with Section 20104.50) of the Public Contract Code, regarding progress
payments, and is subject to the actual provisions of that statute.
B. If Owner fails to make any progress payment within thirty (30) days after receipt of
an undisputed and properly submitted Progress Payment Request from Contractor, Owner shall
pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Section
685.010 of the Civil Code of Procedure.
C. Upon receipt of a Progress Payment Request, Owner shall act in accordance with both
of the following:
1. Each payment request shall be reviewed by Owner as soon as practicable after receipt
for the purpose of determining that the payment request is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for
payment shall be returned to Contractor as soon as practicable, but not later than seven (7) days
after receipt. A request returned pursuant to this paragraph shall be accompanied by a document
setting forth in writing why the payment request is not proper.
D. The number of days available to Owner to make a payment without incurring interest
pursuant to subparagraph B shall be reduced by the number of days by which Owner exceeds the
seven (7) day return requirement set forth in subparagraph B.
6
E. For purposes of this Article, a “progress payment” includes all payments due
Contractor, except that portion of the final payment designated under this Agreement as
retention.
13)
Progress Payment Retention
A. Owner shall retain five (5) percent of each progress payment as part security for
fulfillment of the Contract by Contractor and shall pay to Contractor the balance of the progress
payment after deducting all previous payments and all sums to be kept or retained under the
terms of the Contract. At any time after fifty (50) percent of the Work has been satisfactorily
completed and if Owner determines that aggressive progress will continue to a timely completion
of the Work, Owner may pay any of the remaining progress payments in full for actual Work
completed. Regardless of whether Owner has made any progress payments in full, in the event
that subsequent to such determination Contractor fails to maintain progress in accordance with
the applicable schedule, retention at a rate of five (5) percent will be held from the amount due
Contractor for the period that progress was not maintained and from each succeeding month until
progress is sufficient to be on schedule.
B. The retention payment shall not be due and payable until the expiration of thirty-five
(35) days from the date of Owner’s recording of a Notice of Completion of the Work in the
office of the County Recorder.
14)
Final Payment
When the work has been completed to the satisfaction of Owner’s representative, he shall
make a final estimate of the total amount of work done thereunder and the amount to be paid
therefor, under the terms of this Agreement. If Owner finds the work has been completed
according to the terms of this Agreement, he shall accept the work, shall file a notice of
completion, and shall pay the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be retained under the provisions of this Agreement. All
prior progress estimates and payments shall be subject to correction in the final estimate and
payment. It is mutually agreed between the parties to this Agreement that no certificate given or
payment made under this Agreement shall be conclusive evidence of performance of this
Agreement and no payment shall be construed to be an acceptance of any defective work or
improper materials. Contractor further agrees that the payment of the final amount due under
this Agreement shall release Owner, Owner’s representative, engineers and architects, and each
of their officers, employees and agents from any and all claims or liability arising out of this
Agreement related to the amount paid.
15)
California Department of Industrial Relations (DIR) Registration
Contractor shall comply with the registration requirements of Labor Code Section
1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring
by the California Department of Industrial Relations.
7
16)
Labor
A. Under the provisions of the California Labor Code, the Director of the Department of
Industrial Relations has determined the prevailing rate of wages for the locality in which the
Work is to be performed and Owner has adopted said prevailing rate of wages. A copy of these
prevailing rates is on file at the office of Owner and shall be made available to any interested
party on request. A copy of such prevailing wage rates shall be posted on the jobsite by
Contractor.
B. Contractor and any Subcontractor under them shall comply with the requirements of
Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Willful
violations of Section 1777.5 will result in forfeiture of $100 for each calendar day of
noncompliance, or up to $300 for each calendar day of noncompliance for second and
subsequent violations within a three-year period that result in apprenticeship training not being
provided as required by the Labor Code, and may also result in debarment sanctions in the case
of violations, as determined by the Labor Commissioner pursuant to Section 1777.7. Section
1777.7 also imposes requirements that, if not observed by Contractor, will result in Contractor’s
liability for Subcontractor violations of Section 1777.5
C. Contractor shall comply with Labor Code Section 1775. In accordance with said
Section 1775, Contractor shall forfeit as a penalty to Owner, up to two hundred dollars ($200), as
determined by the Labor Commissioner, for each calendar day or portion of a day for each
worker paid less than the stipulated prevailing rates for such work or craft in which such worker
is employed for any work done under the contract by them or, except as provided by the Labor
Code, by any subcontractor under them in violation of the provisions of the Labor Code, and in
particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant
to Section 1775, the difference between the stipulated prevailing wage rates and the amount paid
to each worker for each calendar day or portion of a day for which each worker was paid less
than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
D. Contractor shall forfeit as a penalty to Owner $25 for each worker employed in the
execution of the Work by Contractor or any Subcontractor under them for each calendar day
during which such worker is required or permitted to work more than eight (8) hours in any one
(1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions
of the Labor Code, in particular, Section 1810 to Section 1815 thereof, inclusive, except that
work performed by employees of Contractor in excess of eight (8) hours per day and forty (40)
hours during any one (1) week shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day and not less than one and one half (1 ½) times the basic rate of
pay as provided in said Section 1815.
E. Contractor and each of their subcontractors shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by them in connection with the
Work. The records shall be on forms provided by the Division of Labor Standards Enforcement
8
or forms with the same information as required by the Division's form. The records may consist
of printouts of payroll data maintained as computer records, if the printouts contain the same
information as the forms provided by the Division of Labor Standards and are verified as
required under this paragraph. Each payroll record shall contain or be verified by a written
declaration that is made under penalty of perjury, stating that (1) the information contained in the
payroll record is true and correct, and (2) Contractor (or the subcontractor, as the case may be)
has complied with the requirements of Sections 1771, 1811, and 1815 of the Labor Code for any
of the work performed by their employees. The payroll records shall be submitted monthly to
Owner and shall be available for inspection at all reasonable hours at the principal office of
Contractor (or the subcontractor, as the case may be) to the employee or their authorized
representative on request to the Division of Labor Standards Enforcement on request, and the
public, provided that request by the public must be made through Owner or the Division of
Labor Standards Enforcement in accordance with the requirements of Labor Code Section 1776.
Copies shall be provided to the requesting agency within ten (10) days after receipt of written
request. Any copy of a payroll record made available to the public or any public agency by
Owner shall be marked or obliterated to prevent disclosure of individual workers’ names,
addresses, and social security numbers. Contractor shall inform Owner of the location address of
payroll records of Contractor and each subcontractor and notify Owner of a change in any such
location within five (5) working days. In the event Contractor or a subcontractor fails to comply
with the above-specified 10-day period, Contractor or the subcontractor shall forfeit as a penalty
to Owner one hundred dollars ($100) for each calendar day or portion of a day for each worker
until strict compliance is effectuated. Contractor is not subject to a penalty under this section
due to the failure of a subcontractor to comply with this section.
17)
Audit
A. Pursuant to California Government Code Section 8546.7, this Contract, and
CONTRACTOR and DISTRICT as the contracting parties, are subject to the examination and
audit of the State Auditor, at the request of Owner or as part of any audit of Owner, for a period
of three years after final payment under the Contract.
18)
Utilities
A. Pursuant to Section 4215 of the Government Code, Owner has the responsibility to
identify, with reasonable accuracy, main or trunk line facilities on the plans and specifications.
In the event that main or trunk line utility facilities are not identified with reasonable accuracy in
the contract documents, Owner shall assume the responsibility for their timely removal,
relocation, or protection.
B. No later than two (2) days in advance of the work, Contractor shall expose all known
main and trunk line crossings in the immediate area in order to provide for grade and alignment
adjustments, if necessary.
C. Contractor shall be compensated by Owner for the costs of locating, repairing damage
not due to the failure of Contractor to exercise reasonable care, and removing, relocating,
9
protecting, or temporarily maintaining such main or trunk line utility facilities not indicated with
reasonable accuracy in the plans and specifications, and for equipment in the project necessarily
idled during such work. In this regard, Contractor will be required to perform such work in
accordance with Section 3. Alternatively, Owner may make changes in the alignment and grade
of the Work to obviate the necessity to remove, relocate, or temporarily maintain the utility, or
Owner may make arrangements with the owner of the utility for such work to be done at no cost
to Contractor.
D. When it is necessary to remove, relocate or temporarily maintain a service
connection, the cost of which is not required to be borne by the owner, Contractor shall bear all
expenses incidental to work on the service connection. The work on the service connection shall
be done in a manner satisfactory to the owner; it being understood that the owner of the service
connection has the option of doing such work with their own forces or permitting the work to be
done by Contractor.
E. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which in the position shown on the plans, the cost of which is not required to be borne by the
owner, Contractor shall bear all expenses incidental to the work on the utility. The work on the
utility shall be done in a manner satisfactory to the owner; it being understood that the owner of
the utility has the option of doing such Work with their own forces or permitting the work to be
done by Contractor.
F. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which is not shown on the plans or in a position different from that shown on the plans and were
it in the position shown on the plans would not need to removed, relocated, or temporarily
maintained and the cost of which is not required to be borne by the owner, Owner will make
arrangements with the owner of the utility for such work to be done at no cost to Contractor, or
will require Contractor to do such work or will make changes in the alignment and grade of the
work to obviate the necessity to remove, relocate, or temporarily maintain the utility. All work
or changes in alignment and grade will be ordered in accordance with Section 3.
G. No representations are made that the obligations to move or temporarily maintain any
utility or structure and to pay the associated cost is or is not required to be borne by the owner of
such utility, and it shall be the responsibility of Contractor to investigate to find out whether or
not this cost is required to be borne by the owner of the utility.
H. The right is reserved for governmental agencies and owners of utilities to enter at any
time upon any street, alley, right way, or easement for the purpose of making changes in their
property made necessary by the Work and for the purpose of maintaining and making repairs to
their property.
20)
Excavation Plans for Worker Protection; Trenches and Excavations
A. Contractor shall submit to Owner for acceptance, in advance of excavation, a detailed
plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker
10
protection from the hazard of caving ground during the excavation of any trench or trenches five
(5) feet or more in depth. The plan shall be prepared specifically for the work by a registered
civil or structural engineer who is licensed by the State of California. The plan shall be in an
original format, not a reproduced copy, and shall include the engineer's original signature and
seal. As a part of the plan, a note shall be included stating that the registered civil or structural
engineer certifies that the plan complies with the CAL OSHA Construction Safety Orders, or
stating that the registered civil or structural engineer certifies that the plan is not less effective
than the shoring, bracing, sloping or other provisions of the safety orders.
B. All shoring submittals shall include surcharge loads from adjacent embankments,
construction loads and spoil bank. The submittal shall include the minimum horizontal distance
from the top of trench to the edge of surcharge loads for all cases of shoring and side slopes.
C. The detailed plans showing the design of shoring, etc., which Contractor is required to
submit to Owner for acceptance in advance of excavation will not be accepted if the plan is
based on subsurface conditions which are more favorable than those revealed by investigations
made by Owner or the Engineer or their consultants; nor will the plan be accepted if it is based
on soils related design criteria that are less restrictive than the criteria set forth in the report of the
investigations of subsurface conditions.
D. Nothing contained in this paragraph shall be construed as relieving Contractor of the
full responsibility for providing shoring, bracing, sloping, or the other provisions which are
adequate for worker protection.
E. If the Contract involves digging trenches or other excavations the following
paragraphs of this Section shall apply.
F. If asbestos or materials containing asbestos, petroleum or petroleum products,
hazardous material or waste, or radioactive material is generated, uncovered, or revealed and is
not shown or indicated in contract documents to be within the scope of the work, Contractor
shall immediately: (i) stop all Work in connection with such hazardous condition and in any area
affected thereby (except in an emergency affecting the safety or protection of persons or the
Work or property at or adjacent to the site), and (ii) Contractor shall promptly, and before the
following conditions are disturbed, notify Owner, in writing, of any:
(1) Material that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class
II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by
information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in Work of the character
provided for in the Contract.
11
G. Owner shall promptly investigate the conditions, and if it finds that the conditions do
materially so differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a
change order under the procedures described in the Contract.
H. Subject to the following paragraph I, in the event that a dispute arises between Owner
and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in Contractor’s cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date provided for by the
Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall
retain any and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
I. Contractor shall not be required to resume Work in connection with such hazardous
condition or in any such affected area until after Owner has obtained any required permits related
thereto and delivered to Contractor special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely
21)
Quality of Materials and Equipment; Substitutions
A. All equipment, materials, and supplies to be incorporated in the Work shall be new,
unless otherwise specified. When the quality of a material, process, or article is not specifically
set forth in the Plans and Specifications, the best available quality of the material, process or
article shall be provided.
B. Whenever materials or equipment are specified or described in the Plans or
Specifications by using the name of a proprietary item or the name of a particular supplier, the
naming of the item is intended to establish the type, function and quality required. Unless the
name is followed by words indicating that no substitution is permitted, the name shall be deemed
to be followed by the words "or approved equivalent" and materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
Owner to determine that the material or equipment proposed is equivalent to that named.
Approval of proposed equivalent materials or equipment is at the sole discretion of Owner.
C. Requests for review of substitute items of material and equipment will not be
accepted by Owner from anyone other than Contractor. If Contractor wishes to furnish or use a
substitute item of material or equipment, Contractor shall make written application to Owner for
acceptance of the substitute, certifying that the proposed item with perform adequately the
functions called for by the general design, be similar and of equal substance of that specified, and
suited to the same use and capable of performing the same function that is specified. The
application shall state whether or not acceptance of the substitute for use in the Work will require
a change in the drawings or specifications to adapt the design to the substitute and whether or not
incorporation or use of the substitute in connection with the Work is subject to payment of any
12
license fee or royalty. All variations of the proposed substitute from that specified shall be
identified in the application and available maintenance, repair, and replacement service shall be
indicated. The application shall also contain an itemized estimate of all increases or decreases in
(1) the cost of, or the time required to perform any part of the Work, and the corresponding
adjustments in the Contract Price and the Contract Time resulting directly or indirectly from
evaluation and acceptance of the proposed substitute, including, but not as a way of limitation,
costs and delays associated with redesign or claims of other Contractors affected by resulting
substitutes; and (2) increases or decreases in operating, maintenance, repair, replacement, or
spare part costs, all of which will be considered by Owner in evaluating the proposed substitute.
Owner may require Contractor to furnish, at Contractor's expense, additional data about the
proposed substitute.
D. Owner shall be the sole judge of acceptability, and no substitute shall be ordered or
installed without Owner's prior written acceptance.
E. Contractor assumes sole responsibility for verifying the proposed substitute items are
in accordance with the requirements of the contract documents, and that the dimensions,
arrangement, design and construction details and all other features of substitute items are suitable
for their intended purpose.
F. In the event that a substitute item differs materially from the specified item of material
or equipment, and said difference was not expressly identified in Contractor's request for the
substitution, or the incorporation of the substitute into the Work results in a change(s) to the
Work or in the function or general design of the project, which was not expressly identified in
Contractor's request for the substitution, Owner may require the removal and replacement of the
substitute at Contractor's sole expense.
G. Contractor may submit data substantiating requests for substitutions of equivalent
items at any time after notice of award. Under no circumstances shall Contractor be entitled to
an increase in Contract Time as a result of the submission or review of a substitution request.
22)
Subcontracting
A. Contractor is prohibited from performing any of the Work with a subcontractor who
is ineligible to perform such Work pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Contractor agrees that in accordance with Public Contract Code Section 6109, a subcontract with
an ineligible subcontractor is void as a matter of law, amounts paid to the subcontractor shall be
returned to Owner and Contractor is responsible for paying wages of the subcontractor's
employees if the subcontractor is allowed to perform any part of the Work.
B. Contractor shall not award work to subcontractors in excess of fifty (50) percent of
the Contract Price without prior written approval of Owner. Except as provided by law,
Contractor shall not employ any subcontractor, supplier, or other person or organization
(including but not limited to those who are to furnish the principle items of materials or
13
equipment), whether initially or as a substitute, against whom Owner may have reasonable
objection.
C. Contractor shall give prompt written notice to Owner as to the identity of
qualifications of any Subcontractor, supplier, or other person or organization to whom Contractor
intends to award work, and of Contractor's intent to remove or replace a subcontractor, supplier,
or other person.
23)
Antitrust Claims Assignment
In entering into a public works Contractor or subcontract to supply goods, services or materials
pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to
the awarding body all rights, title and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2,
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services or materials pursuant to the public works contract or
the subcontract. This assignment shall be made and become effective at the time the awarding
body tenders final payment to Contractor, without further acknowledgment by the parties.
24)
Resolution of Construction Claims
A. This Article is intended as a summary of the provisions of Article 1.5 (commencing
with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code ("Claims
Resolution Statute") and is subject to the actual provisions of the Claims Resolution Statute.
This article shall govern the resolution of any claim of $375,000 or less which may be made by
Contractor.
B. As used in this Article, “Claim” is defined as a separate demand made by Contractor
for (a) a time extension, (b) payment of money or damages arising from the Work, payment for
which is not otherwise expressly provided for or Contractor is not otherwise entitled to, or (c) an
amount, the payment of which is disputed by Owner.
C. Contractor shall make all claims in writing and include the documents necessary to
substantiate the claims. Any claim by Contractor which is intended to invoke the procedures
under the Claims Resolution Statute shall specify that the claim is being made pursuant to the
Claims Resolution Statute. All claims by Contractor must be filed on or before the date of Final
Progress Payment; provided, however, nothing in this Article is intended to extend the time
limits or supersede notice requirements which may otherwise be provided within the contract
documents for the filing of claims by Contractor including, but not limited to, those provided in
Section 3.
D. For claims less than $50,000, Owner shall respond in writing within forty-five (45)
days of receipt of the claim, or Owner may request, in writing, within thirty (30) days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses or claims
Owner may have against Contractor. If additional information is thereafter required, it shall be
14
requested and provided upon mutual agreement of Owner and Contractor. If Owner requests
additional documentation, Owner's written response to the claim shall be submitted to Contractor
within fifteen (15) days after receipt of the additional documentation, or within the same time
period as used by Contractor in producing the additional documentation, whichever is greater.
E. For claims over $50,000 but less than $375,000, Owner shall respond in writing
within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days
of receipt of the claim, any additional documentation supporting the claim or relating to defenses
or claims Owner may have against Contractor. If additional information is thereafter required, it
shall be requested and provided upon mutual agreement of Owner and Contractor. If Owner
requests additional documentation, Owner's written response to the claim shall be submitted to
Contractor within thirty (30) days after receipt of the additional documentation, or within the
same time period as used by Contractor in producing the additional documentation, whichever is
greater.
F. If Contractor disputes Owner's written response, or Owner fails to respond within the
time prescribed, Contractor may, by giving written notice to Owner within fifteen (15) days of
receipt of Owner's response (or within fifteen (15) days of Owner's failure to respond), demand
an informal conference to meet and confer for settlement of the issues in dispute. Upon such
demand, Owner shall schedule a "meet and confer" conference within thirty (30) days.
G. If after the "meet and confer" conference, any portion of the claim remains in dispute,
Contractor may file a claim pursuant to Government Code Section 900 et seq. If a court action is
thereafter filed to resolve the claim, the court must, within the time specified by law, submit the
matter to nonbinding mediation unless waived by mutual stipulation of Owner and Contractor. If
after the mediation process, the matter remains in dispute, the case must then be submitted to
judicial arbitration pursuant to the applicable law.
25)
Substitution of Securities for Amounts Withheld
A. Pursuant to Section 22300 of the Public Contract Code, Contractor may substitute
securities for any monies withheld by Owner to ensure performance of the Work. At the request
and expense of Contractor, securities equivalent to the amount withheld shall be deposited with
Owner or with a state or federally chartered bank in California as the escrow agent. Such
securities shall be released to Contractor at the same time as amounts retained would be released
under paragraph 11.6 upon satisfactory completion of the Work, to the extent such securities
have not previously been utilized or are not then being held by Owner or the escrow agent for
purposes as provided in this Agreement. Alternately, Contractor may request, and Owner shall
make, payment of retentions earned directly to the escrow agent at the expense of Contractor as
provided in Section 22300 of the Public Contract Code.
B. If such securities are deposited with Owner, Owner shall determine their value.
Owner shall also be entitled in their discretion to sell, redeem, or otherwise convert them or
portions thereof to cash in order to apply them to any of the purposes set forth in the Agreement
for which amounts may be withheld from Contractor and used. Contractor shall furnish such
15
documents as are deemed necessary by Owner to enable Owner to make such sales, redemptions,
or conversions.
C. If the securities are deposited with an escrow agent, Contractor, escrow agent and
Owner shall execute the form entitled "Escrow Agreement for Security Deposits in Lieu of
Retention."
D. Securities eligible for investment under this section shall be those listed in California
Government Code Section 16430 or bank or savings and loan certificates of deposit, interest
bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed
to by Contractor and Owner.
E. Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any accrued interest.
26)
Notice of Taxable Possessory Interest
A. The terms of this Agreement may result in the creation of a possessory interest. If
such a possessory interest is vested in Contractor, Contractor may be subjected to the payment of
property taxes levied on such interest.
27)
Delays
A. No forfeiture due to delay shall be made because of any delays in the completion of
the Work due to unforeseeable causes beyond the control and without the fault or negligence of
Contractor (including but not restricted to acts of God or of the public enemy, acts of the
government, acts of Owner, or acts of another contractor in the performance of a contract with
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather or delays caused by the failure of Owner, or the owner of a utility to provide for
removal or relocation of main or trunk line facilities not indicated in the plans or specifications
with reasonable accuracy). Except as provided for in paragraph B of this article, any such delays
shall not entitle Contractor to any additional compensation, and the sole remedy of Contractor
shall remain an extension of time obtained in accordance with the Agreement.
B. Notwithstanding any provisions in the Contract to the contrary, an extension of the
Contract time shall be the sole remedy of Contractor for any delay of any kind. The only
exception shall be if the delay has been caused solely by acts for which Owner is responsible and
which delay is unreasonable under the circumstances involved, is not within the contemplation of
the parties, and continues after Contractor’s notice to Owner of such acts. Owner’s exercise of
any of its rights, or Owner’s exercise of its remedies of stopping the Work or requiring
correction or re-execution of any defective Work shall not under any circumstances be construed
as unreasonable interference with Contractor’s performance of the Work. No adjustment in
Contract Price under this paragraph shall be provided for any reason if: (1) performance would
have been so extended by any other cause, including fault or negligence of Contractor; (2) an
adjustment is provided or excluded any other provision of the Contract or; (3) delays merely
16
prevent Contractor’s achievement of completion of the Work, or any part in question, ahead of
the corresponding Contract Time(s), including any authorized adjustments.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first herein above written.
EAST ORANGE COUNTY WATER DISTRICT
(OWNER)
By____________________________
General Manager
PERFORMANCE PIPELINE TECHNOLOGIES
(CONTRACTOR)
By____________________________
______________________________
Contractor's License Number
99306/ 061814
17
ATTACHMENT A
SCOPE OF WORK
SEWER LINE CLEANING
Specification No. 07-2015-021
A. Background
East Orange County Water District, Sewer Improvement District 1 is a public agency
responsible for collecting and transporting wastewater and its residuals for 75,000
residents and businesses through the operations and maintenance of 174 miles of local
sewer pipelines.
B. Overview
Contractor will furnish all labor, materials, equipment, and i n cidentals necessary for the
cleaning and removal of debris from pipeline and manholes as detailed within Part C, Sewer
Cleaning Procedures. Pipeline debris is described as, but not limited to, sludge, dirt, sand,
rocks, grease, roots, r ag s, wipes, and other solid or semisolid materials which do not
rapidly disperse. The Contractor shall take all necessary steps to ensure that no spills of
sewage or overflows occur. The Contractor shall submit observations and findings for each
pipe reach cleaned to EOCWD as detailed within Part M, Work Documentation.
Cleaning shall be separated into areas as follows: (1) approximately 174 miles of sewer lines
and manholes located within Sewer Improvement District 1 and (2) the routine cleaning of
Service Area 7 hot spots include siphons and “trouble spots” - reaches with known issues.
Maps of the collection system and Sewer Improvement District 1 are provided for
reference as Attachment X, Collection System Overview. A tablet computer that contains
the geolocated pipeline system and associated operations and maintenance schedules
using the District’s proprietary SEDARU software, will be furnished on a weekly basis to the
Contractor at no charge. Work crews may operate between 7:00 a.m. and 3:30 p.m.,
Monday through Friday. Work within major streets or arterials should not commence until
9:00 a.m. With the prior approval of and coordination with EOCWD, work may be
performed outside of these hours as conditions require. Further descriptions are provided
below.
1. Sewer Improvement District 1 Cleaning: Area is comprised of unincorporated portions
of Orange County including El Modena, Cowan Heights, Lemon Heights, North
Tustin, East Tustin, Tustin Foothills, and Red Hill areas; portions of the City of Orange;
and part of the City of Tustin.
The sewers shall be cleaned annually; are predominantly VCP, DIP, and PVC; and range
in size from 6 to 18 inches in diameter. Some of the VCP may have liner products due to
pipe rehab or spot repair. Approximate lengths of Improvement District 1 piping are
provided within Table 1 below - payment will be based on actual footage cleaned.
Table 1: Approximate Length by Diameter
Pipe Diameter
6”
8”
10”
12”
ATTACHMENT A
Length (LF)
5,500
840,000
35,000
46,000
Pipe Diameter
15”
18”
21”
24”
1 of 8
Length (LF)
30,000
13,000
6,500
2,500
Specification No. 07-2015-021
Work shall be issued on a monthly basis. Cleaning rates shall be invoiced at the
contractor’s standard unit prices.
C. Sewer Cleaning Procedures
The designated sewer line reaches will be cleaned using combination high-velocity water
jet with vacuum removal of all debris as detailed within Part D, Cleaning Equipment.
The normal cleaning operation shall be to jet from the downstream manhole to the
upstream manhole and then retract the hose thus pulling any debris back to the downstream
manhole – for capture and vacuum removal - this constitutes one pass. A minimum of two
(2) passes shall be made for each reach. The pullback rate on jetting shall not exceed 40
feet per minute.
If, after the second pass, debris is still observed / encountered the entire run shall be made
repeatedly until debris is no longer present. At the sign of significant dirt and gravel, the
cleaning operation for that pipe shall cease and EOCWD shall be notified of possible pipe
damage. Abnormal conditions could also be caused by the hydrojet or skid becoming stuck or
hard to pass through the line segment. This could be caused by pipe fractures, offsets or other
defects such as heavy roots or protruding laterals. If any abnormal conditions are encountered,
EOCWD shall be contacted by phone and email. Contractor shall be ready to CCTV the
section of sewer creating cleaning problems or exhibiting abnormal conditions.
Once the appropriate traffic control has been placed, the Contractor shall wash the upstream
manhole with a high-pressure water gun while being cautious not to spray any surrounding
vehicles or pedestrians. All manholes, except for inaccessible manholes, shall be washed
and any loose debris shall be removed. Evidence of unwashed manholes shall result in recleaning of that pipe reach. Any major defects in the manhole or the frame and cover shall
be noted and brought to the attention of OCSD for remedy. No debris from the cleaning work
shall be left in the manhole or on the roadway. The fit of frames and covers shall be checked
after cleaning work is complete. All observations shall be noted on the tablet computer and
entered into SEDARU.
NOTE – All manhole covers removed that were sealed shall be resealed upon closure.
EOCWD will supply sealing material throughout the contract at no cost to the Contractor.
Selection of the combo cleaning trucks used will be based on the conditions of the sewer lines
at the time work commences. The equipment and methods selected must be satisfactory to
EOCWD. The equipment shall be capable of removing dirt, grease, roots and other
materials and obstructions from the sewer lines and manholes.
The issued line cleaning sequence shall be adhered to such that debris freed from upstream
reaches will not be deposited into recently cleaned downstream reaches. If this is found to
occur, the Contractor will re-clean the downstream reaches at no cost to EOCWD. If
cleaning an entire section cannot be successfully performed from the downstream
manhole, the equipment will be set up on the upstream manhole and cleaning will again be
attempted. If successful cleaning again cannot be performed or the equipment fails to
traverse the entire section, it will be assumed that a major blockage exists and the
Contractor will notify EOCWD of this condition immediately for further instructions.
Contractor shall be prepared to use a root cutting tool on approximately 35% of the sewers to
be cleaned. This percentage may be higher as conditions dictate. OCSD shall designate
areas to be root cut. Lines that are designated for root cutting shall have no more than one
half inch of root stub present upon CCTV inspection. Longer lengths of roots remaining shall
ATTACHMENT A
2 of 8
Specification No. 07-2015-021
result in a repeat root cutting effort by the Contractor at no additional cost to OCSD. A debris
catcher shall be used to prevent cut roots from traveling downstream.
For reaches with extremely steep slopes where the jetter nozzle is unable to climb to the
upstream manhole, the cleaning method shall be to jet from the upstream manhole down
slope for washing purposes. Then, jet from the downstream manhole upslope so that the
cleaning directions overlap. These locations shall also be noted on the Contractor’s report.
Water for cleaning will be obtained from the closest available fire hydrant. The Contractor
shall make arrangements with the local water agencies for the water meters and any
other equipment needed to get water from the local fire hydrant. Contractor will show
evidence of arrangements made with water agency before proceeding with cleaning in those
areas. Water costs will be paid by the directly to the water agency. Copies of the water
bills shall be submitted to the EOCWD on a schedule agreed upon by the various Water
Agencies. A list of the various water agencies in the service area with telephone numbers
and map of boundaries will be issued to the awarded contractor.
D. Cleaning Equipment
Combination of high velocity hydro-cleaning and vacuum removal equipment shall be utilized
and shall have the following features as a minimum:
1. A minimum of 900 lf of 1-inch diameter high pressure hydro flushing hose.
2. A dual degree nozzle with six (6) jets at 15 degrees and six (6) jets at 45 degrees is
preferred by EOCWD to be used for normal cleaning. A comparable nozzle may be
used upon approval by EOCWD.
a. Nozzles and skids utilized shall be for the appropriate size of pipe being cleaned (6”
through 18” diameter). The nozzle used for normal cleaning shall be specifically sized
for the jetter pump used for this contract and shall be brand new.
b. Nozzle specifications listing the orifice diameter shall be submitted to EOCWD.
The nozzle shall be checked for wear on a monthly basis. The nozzle shall be
considered worn out when the orifices measure 0.005-inch over specification. Worn
out nozzles shall be immediately replaced.
3. A grease nozzle.
4. A penetrating head nozzle.
5. At least one root cutting attachment or root cutting nozzle for 6” through 12” pipe.
6. A high-pressure handgun for washing and cleaning manhole walls, channels, shelves, and
manhole frames and covers.
7. A debris catcher with telescoping poles for roots and grit and other debris.
8. A 1,500-gallon minimum water tank, pump and a hydraulically driven hose reel.
9. Minimum working pressure of 1,200 pounds per square inch at 65 G.P.M. rate.
10. Centrifugal or positive displacement blower vacuum equipment suitable to remove all
debris at the downstream manhole while the hydro flushing is being performed.
11. Two (2), two-way hand held radios for communication in easements.
12. Small hand tools for changing fittings and removing bolt down manhole covers.
13. Spill containment equipment.
14. Availability of CCTV crawler camera rig with DVD recording capability.
ATTACHMENT A
3 of 8
Specification No. 07-2015-021
E. Cleaning Precautions
During sewer cleaning operations, satisfactory precautions shall be taken in the use of
cleaning equipment to ensure that the water pressure or head created does not damage or
cause flooding of public or private property being served by the sewer. Care shall be
exercised in the selection and use of the cleaning tools to avoid pipe damage. Contractor
shall be responsible for all costs for repairs and/or clean up to EOCWD, city owned or
private property to EOCWD’s satisfaction. A nozzle skid shall be used at all times to
prevent accidental entry of nozzle into private connections and for the efficacy of cleaning.
There are some areas where properties are affected by cleaning operations and “toilet burps”
occur. These toilet burps caused by the vacuum created during high pressure jetting that
then pulls the water from the house connection. When the vacuum subsides, the back
pressure causes water to splash out of the toilet bowl. These areas will be identified by
EOCWD and/or Contractor through SEDARU and a notice shall be placed by the Contractor
on the residences’ door the day before cleaning of these sewers commences.
F. Permits and Access
Contractor shall acquire all required fees and licenses for any encroachment permits required
by the various cities or the County of Orange when cleaning and inspections are necessary
on their right-of-ways. EOCWD will reimburse Contractor for permit fees when invoiced with
a copy of documentation.
For easement cleaning, where entry must be made onto homeowner’s property, notice must
be given for permission to enter the property. Coordination of sewer cleaning will be made
through EOCWD. EOCWD shall be notified one (1) week in advance of the
Contractor’s anticipated cleaning of the area. EOCWD will provide assistance with
manhole access and make arrangements as needed for entry onto private property for
the cleaning of facilities located within easements. An easement atlas that includes
electronic information in SEDARU will be provided to the Contractor.
Easements may require additional staff for making turns in manholes or for pulling the jetter
hose and shall be coordinated with EOCWD. Two-way hand held radios may be needed for
communication.
G. Material Removed
The Contractor shall be responsible for the removal of all types of debris from the pipeline
and cleaning and/or re-cleaning the pipe wall to EOCWD’s satisfaction as proven by closed
circuit television
ATTACHMENT A
4 of 8
Specification No. 07-2015-021
(CCTV) video inspection. All sludge, dirt, sand, rocks, roots, grease and other solid or
semisolid material resulting from the cleaning operation shall be captured and removed at the
downstream manhole of the section being cleaned. Passing material from manhole section
to manhole section shall not be permitted.
Lines that were reported as cleaned that show after CCTV inspection for quality control, roots
or other debris that could cause a blockage will require an emergency call out by Contractor
to remove the debris at no additional charge to EOCWD. Contractor shall respond to the site
within one hour once contacted. If EOCWD is unable to contact Contractor or should
Contractor be unable to respond within the one hour window, EOCWD will clean the area
and back charge the Contractor for costs incurred.
H. Material Disposal
Liquids shall be decanted from the combo truck’s debris tank and drained back to the
sewer. All solids or semisolid materials resulting from the cleaning operations will be
removed from the work site and disposed of at no added cost to the Contractor in the
Digester cleaning beds at OCSD's Treatment Plant No. 1 which is located in Fountain Valley,
California. All materials will be removed from the work site at the end of each workday.
Under no circumstances will the Contractor be allowed to accumulate debris, etc. on the
site of work beyond a single workday, except in totally enclosed, leak, and odor proof
containers or as otherwise pre-approved by EOCWD. A complete description of the
disposal procedure is provided within Attachment I - Sewer Debris Dumping Procedure
approved by OCSD.
To better understand the types of debris, EOCWD staff may witness the dumping operation
at OCSD.
Amounts and disposal dates shall be tracked and reported to EOCWD as part of the
cleaning documentation in SEDARU. Contractor is expected to maintain records all
materials and debris that were removed from EOCWD sewers. Equipment must be empty
upon the start of the cleaning operation and material must be disposed once e equipment is
full or prior to the equipment starting another activity involving non-EOCWD materials.
Equipment that is dedicated to EOCWD pipe cleaning need be emptied at the end of each
shift so long as EOCWD pipe cleaning is resumed as the next activity. Documentation
should indicate the amount of material that was disposed of and the reach(es) the material
was removed from.
I.
Spill Reporting and Handling
Contractor shall immediately notify EOCWD of any manhole overflow or interruption /
backup of customer service. Contractor shall contain and control all overflows. The
EOCWD spill policy is provided as Attachment H – SSO Notification Procedures, and
includes contact numbers for the various agencies that should be impacted. If the
Contractor is involved with a spill, he must:
1. First and immediately, notify EOCWD at (714) 538-5815. EOCWD will then make the
required notifications and dispatch personnel as appropriate.
2. Secondly, Contractor must attempt to contain the spill to isolate it from entry to any
waterways.
3. Thirdly, the Contractor must attempt to relieve the spill. Once the spill has been contained
and relieved, the area must be cleaned up and all liquids returned to the sewer to
EOCWD with photos and sketches.
4. Lastly, follow-up reports with timelines must be made.
ATTACHMENT A
5 of 8
Specification No. 07-2015-021
Contractor shall be responsible for any fines levied by others, reimbursement of any agency
incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to
customers as of a result of Contractor’s work. This is in addition to any and all costs incurred
by the customer.
Contractor shall also immediately notify EOCWD of any apparent non-Contractor related spills
and/or any abnormal conditions in the sewers of manholes. This also includes surcharging
discovered by the Contractor during their normal work.
J. Confined Space Issues and Safety Issues
All manholes in this work are defined as Title 8 Permit Required Confined Spaces. The
Contractor’s attention is directed to the General Industry Safety Orders of the State of
California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of
Regulations, Sections 5167, 5157, 5158). Contractor shall attend a safety meeting at
EOCWD with the Safety and Emergency Response Division prior to award for the purpose of
reviewing the Contractors safety manuals, his knowledge of Title 8, and to discuss all safety
aspects of the job.
All work shall be conducted from above ground using appropriate tools and equipment.
Manhole entry, if required, shall be conducted in strict accordance with permit required
confined space entry procedures. These procedures include, at a minimum: entry permit,
trained authorized entrant(s), attendant(s), entry supervisor(s), full body harness (with life
line), mechanical retrieval device, continuous forced air ventilation, continuous air monitoring,
communication system (minimum two types), and all other protective equipment that may
be required. Work shall be conducted in accordance with all Federal, State, and local laws
and regulations.
The local fire departments may be able to o ffer services for Confined Space rescue.
Contractor shall make any and all arrangements necessary at no additional costs to
EOCWD.
K. Traffic Control
All traffic control shall be in accordance with he latest MUTCD (Manual on Uniform Traffic
Control Devices) and be based on the speed limits posted in the work zones. Flagmen may
be required in some locations. Additional local regulations shall have precedence. Contractor
shall apply for all traffic control permits and pay all fees and permits for said permits.
EOCWD will reimburse the Contractor for traffic control permits and for detailed traffic
control plans signed by a traffic engineer, where required by the local agency. Safe
and adequate pedestrian and vehicular access shall be provided in accordance with the
current edition of the Standard Specifications for Public Works Construction (Greenbook 710).
NOTE – Inadequate or improper signage and delineation for traffic control may be cause for
the cancellation of the Contract.
L. Work Plan
The Contractor shall prepare a bi-weekly work plan for all regularly scheduled work within
Improvement District 1 and submit it to EOCWD one (1) week in advance of the earliest
proposed cleaning date for review, approval, and Field coordination. The work plan shall
verify the cleaning sequence and identify all line sections to be cleaned per the EOCWD
maps and sequence data provided.
The work plan may be amended due to weather, local road maintenance, construction
ATTACHMENT A
6 of 8
Specification No. 07-2015-021
projects, or other issues discovered by either party. OCSD staff shall be kept current of
ongoing and planned cleaning locations at the beginning of each work day to allow for the
observance and inspection of the work.
NOTE – (1) EOCWD estimates a maximum of 5,000 feet of sewer lines (without root
cutting) can be cleaned per crew in an 8 hour shift.
Should EOCWD determine that the work is not following the submitted work plan and that
EOCWD field representatives are not adequately updated with locations of cleaning crews,
work plans will be required on a weekly basis. Failure to appropriately plan the work may
be cause for the cancellation of the Contract.
M. Work Documentation
Reporting of all work performed shall be submitted for EOCWD review with each
invoice. Contractor’s logs, with records provided by reach, shall be maintained in an organized
manner and shall be available for review at all times upon the request of EOCWD.
Reports shall be transmitted electronically via email, shall be maintained in their native format,
and shall include the following entry fields:
• Reach Cleaning Date
• Reach Ratings (1 – None; 2 – Minor; 3- Moderate; & 4 – Major):
- Roots
- Grit
- Grease
- Rags, towles, paper, wipes
- Other debris and/or pipe material
- Vermin and/or roaches
• Reach Comments
- Manhole issues (buried MH, broken collars, cracked, worn, broken or noisy
frame or cover, etc.)
- Sewer map discrepancies
- Access issues
- Resistance or stuck hose guide which could indicate heavy roots, debris, or
pipe structural problems.
- Pertinent information for EOCWD’s awareness
• Material Disposal Data
- Disposal date at OCSD
Volume of material disposed in cu. Ft.
- Segments from which material was removed
N. Contractor Crew
Contractor shall provide a minimum of a two-person crew at all times, one person shall witness
the jetting nozzle reaching the upstream manhole as well as provide a visual inspection of the
manhole.. A crew of three shall be utilized for all work in confined spaces. Additional
personnel shall be utilized when needed for traffic control flagmen.
The Contractor’s foreman or supervisor in the field must be able to communicate clearly,
both verbally and in writing, with EOCWD staff as their crew. The Contractor’s foreman
must demonstrate the capability to read, interpret, and understand the Safety/OSHA
requirements; EOCWD’s plans; drawings; specifications; and work direction as necessary.
In addition, a Supervisor shall be provided by the Contractor to oversee the crew's work and
provide quality control. The Supervisor shall have a text- and email-capable cell phone to
ATTACHMENT A
7 of 8
Specification No. 07-2015-021
communicate with EOCWD at all times. The Supervisor shall prepare the work plan and be
responsible for the documentation of work performed, resolve crew and/or EOCWD
concerns and serve as the Cleaning Program Manager and primary contact. The Supervisor
shall be on the job site not less than 8 hours per week and available for EOCWD staff at any
time during the work day or for off hours emergencies.
O. Television Inspection
After each cleaning report submittal, a portion of the total footage cleaned will be selected by
EOCWD for closed circuit television (CCTV) inspection by an independent CCTV contractor
at EOCWD’s cost to determine the effectiveness of the cleaning operations. The CCTV
inspection shall occur within 3-weeks of receipt of the work documentation log. Reaches
found to be unacceptably cleaned during the CCTV review shall be re-cleaned by Co tractor
at no cost to the EOCWD.
CCTV inspections resulting in more than 10% of the pipe reaches being unacceptably cleaned
shall result in the re-cleaning of all of the reaches included in the documentation log. All
reaches requiring re-cleaning will be 100% CCTV reviewed. This additional CCTV cost will
be paid by the Contractor. No further scheduled cleaning shall take place until all
unacceptable reaches are re- cleaned to the satisfaction of OCSD.
P. Submittals
Submittals, except for payment invoices, shall be made electronically through e-mail. As
previously described herein, the Contractor shall submit: (1) a bi-weekly cleaning schedule
(the plan); (2) the updated Pipeline Cleaning with invoices (the results); and (3) any water
usage billed by the various Water Agencies.
Q. EOCWD’s Equipment and Labor
EOCWD’s equipment and labor, except that required for EOCWD to monitor the
Contractor’s work, shall not be utilized at any time.
ATTACHMENT A
8 of 8
Specification No. 07-2015-021
EXHIBIT A
PRICE FORM
Description
1.
6-inch diam. Pipe Cleaning - 2,500 ft.
Rate
$0.29 L/F
2.
6-inch diam. Pipe Cleaning w/Root Cutting - 750 ft $ 1.04 L/F
3.
8-inch diam. Pipe - 850,000 ft.
4.
8-inch diam. Pipe w/Root Cutting - 255,000 ft
5.
10-inch diam. Pipe - 31,000 ft
$0.33 L/F
6.
10-inch diam. Pipe w/Root Cutting - 9,300 ft
$0.50 L/F
7.
12-inch diam. Pipe - 26,000 ft.
$0.36 L/F
8.
12-inch diam. Pipe w/Root Cutting- 7,800 ft
$0.50L/F
9.
15-inch diam. Pipe - 13,098 ft.
$0.36 L/F
10. 18-inch diam. Pipe - 2,383 ft
* NOTE:
$ 0.31 L/F
$0.47 L/F
$0.52 L/F
Lengths shown are approximate. Payment will be made on actual work performed.
BLANK PAGE
Contract Sewer CCTV
Exhibit M
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT:
IMPROVEMENT DISTRICT 1 – CONTRACT FOR CCTV SERVICES
DATE:
JULY 21, 2016
BACKGROUND
CCTV (or Closed Circuit Televised Truck) is used for two purposes in a sewage collection
system: 1) after a hydro-cleaning to ensure that the cleaning has been properly conducted and,
2) as part of a condition assessment/asset management program to view the condition of the
pipeline and manhole. CCTV equipment, like pipeline cleaning equipment is very expensive; one
truck CCTV system can cost in excess of $100,000 and must be operated by NASSCO trained
operators (NASSCO standards are the “de-facto” industry standards for sewer inspection. To
comply with NASSCO standards, cameras must not advance faster than 30 feet per minute and
the operator must stop and view observed pipe defects and features while maintaining visual
clarity and high resolution – a very difficult environment to maintain. CCTV has revolutionized
how sewer systems are operated, maintained and inspected and made sewer pipe relatively safe
when compared to the old visual inspections and exposure to lethal sewer gasses. It is limited
however, as blockages, defects or lack of access can limit its ability to inspect the sewer in part or
total.
Professional Pipe Services (Pro-Pipe) is a CCTV contractor used by OCSD to provide
both after hydro-cleaning assessment and condition assessment/asset management. They utilize
“Panoramo 360 Scanning Technology which is a specially designed camera that utilizes dual fisheyed lenses to take high-resolution images as it traverses the pipe taking snapshots every 2”
along the way and then “knitting” them together to produce a 360 degree “virtual view.”
The services that Pro-Pipe would primarily perform under this contract would be hydrocleaning assessment after Performance Pipeline Technologies has cleaned a pipeline – the
selection of which pipelines and how soon after cleaning is done by EOCWD. We do anticipate,
however, there there are pipelines on Vista Panorama that we will be scheduling using the
Panoramo technology as part of our condition assessment. We will be soliciting proposals for
other CCTV work that is associated with condition assessment; later in the Fall.
The contract for these services also includes requirements that the reports produced by
Pro-Pipe will be produced in an electronic format that can be imported into Sedaru; and important
element of all contract services we are negotiating is that they must be able to integrate their data
into our Sedaru systems. To date, all contractors have been able to comply.
This is another unit-based contract; the Panoramo system will be used at a cost of
$0.75/linear;foot; regular pan & tilt CCTV will be provided at $0.68/LF.
CCTV Contract
July 21, 2016
FINANCIAL IMPACT
Funding for CCTV Services has been included in the Improvement District 1 Capital Budget
Account #’s 70202C and 70203C.
RECOMMENDATION
The Board approve a contract with Professional Pipe Services (Pro-Pipe) for a budgeted
amount of $98,433.75 for annual sewer pipeline cleaning services for a one year period, with the
option of two renewals.
2
EAST ORANGE COUNTY WATER DISTRICT
AGREEMENT FOR CCTV SERVICES
THIS AGREEMENT is made and entered into this 21st day of July, 2016, by and
between East Orange County Water District, a county water district formed and existing pursuant
to Water Code Section 30000 et. seq.(“Owner”) and Professional Pipe Services (“Contractor”);
W I T N E S S E T H;
Owner and Contractor, for the consideration stated herein, agree as follows:
1)
Work
A. Contractor shall perform everything required to be performed and shall provide all
labor, materials, tools, expendable equipment, supplies, utilities and transportation services
required to provide closed circuit television services to the local sewer system located in
Improvement District 1 of the Owner’s service area. Said work shall be conducted in accordance
with the attached Scope of Work (Exhibit A) supplied by Owner and which is by this reference
incorporated herein.
B. All labor, tools, services, material and equipment shall be furnished and the work
performed and completed under the inspection and subject to approval of Owner or its authorized
representative.
C. Contractor will be responsible for keeping itself informed of and complying with all
laws, ordinances and regulations applicable to the work, including, but not limited to, those
pertaining to safety.
D. The provisions of this Agreement are standard and shall govern the work to the extent
they are applicable.
E. If a schedule of work items includes alternative bid items that may be added to
(“additive items”) or deducted from (“deductive items”) the bids (collectively, “Alternative Bid
Items”), the lowest responsible bidder will be determined from the total of the base bid for the
schedule and all Alternative Bid Items.
F. No bid will be accepted from a bidder who is not a licensed contractor in the State of
California for the contracting class indicated in the invitation or request for proposals.
1
2)
Contract Budget
Owner establishes a not-to-exceed budget of $98,433.75 for this work. Contractor will
submit monthly invoices listing the actual work completed, quantity and pricing pursuant to the
Bid submitted as Exhibit B. Monthly progress payments shall be made on the basis of work
completed. EOCWD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
3)
Changes
A. Owner may require changes in, additions to, or deductions from the work.
Adjustments, if any, in the Contract Price by reason of any such change, addition, or deduction
shall be determined as follows:
Extra work done by Contractor at the direction of Owner shall be on a time and expense
basis. Payment to Contractor for extra work performed on a time and expense basis shall consist
of the actual necessary expense for extra work, plus an allowance of fifteen (15%) percent of
labor, material and equipment rental for overhead, general superintendence and profit, plus (1%)
percent for bonds. This basis of payment applies to work done directly by Contractor and to
work done by a subcontractor except the fifteen percent (15%) allowance for overhead,
superintendence and profit shall not apply to work performed by a subcontractor. Owner may,
by written order to Contractor, delete work, equipment, and material to be provided under this
Agreement and the value of the deleted work, equipment, and material will be deducted from the
contract price. The deducted value will be a lump sum or unit price agreed upon in writing by
Contractor and Owner based on breakdown and cost information submitted by Contractor.
Without making an adjustment of the Contract Price or time for completion, Owner may order
minor changes in the work not inconsistent with the purposes for which the work is being
constructed. If Contractor believes that any order for minor changes in the work involves
changes in the Contract Price or time for completion, Contractor shall proceed with the minor
changes so ordered and shall within ten (10) days of the receipt of such order notify Owner in
writing of his estimate of the changes in the contract amount and time for completion he believes
to be appropriate.
B. No payment for changes in the work will be made and no change in the time for
completion by reason of changes in the work will be made, unless the changes are covered by a
written change order approved by the Owner in advance of Contractor's proceeding with the
changed work.
4) Contract Term
The Services provided under this contract are made and entered into to be effective
August 1, 2016 and terminate June 30, 2017. EOCWD may exercise the option to renew the
Contract for up to two (2) one-year periods based upon the criteria set forth in the Scope of Work
and Exhibits A if mutually acceptable contract terms can be negotiated. EOCWD shall make no
obligation to renew nor give reason if it elects not to renew.
2
5)
Indemnification
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, Owner’s representative, and Owner’s engineers and architects, and each of their
directors, officers, agents and employees from and against all claims, damages, losses, expenses,
and other costs, including but not limited to costs of defense and attorneys’ fees, arising out of or
resulting from or in connection with the performance of the Work, provided that any of the
foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of
Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder. However, to the extent that liability is caused
by the active negligence or willful misconduct of a party indemnified hereunder, Contractor’s
indemnification obligation shall be reduced in proportion to the indemnified party’s share of
liability for its active negligence or willful misconduct, if any, but the acceptance or approval of
Contractor’s work by Owner or any other indemnified party shall not reduce Contractor’s
indemnification obligation. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to
any party or person described in this paragraph. Such obligation shall not extend to the liability
of Owner, Owner’s representative, or Owner’s engineers, architects, officers or employees
arising out of or resulting from or in connection with the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, provided the foregoing was the
sole and exclusive cause of the loss, damage or injury. Contractor shall also indemnify and hold
harmless Owner, Owner’s representative, and Owner’s engineers and architects, and each of
their directors, officers, agents and employees from and against all claims, damages (including
damage to the Work itself), losses, expenses, and other costs, including but not limited to costs of
defense and attorneys’ fees, which any of them may incur with respect to the failure, neglect or
refusal of Contractor to faithfully perform the work and all of Contractor’s obligations under the
Agreement. Such costs, expenses, and damages shall include all costs, including attorneys' fees,
incurred by the indemnified parties in any lawsuit to which they are a party, and/or in defending
against any claims or stop notices. In any and all claims against the indemnified parties by any
employee of Contractor, any subcontractor, any supplier, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, the indemnification
obligation under this paragraph shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for Contractor, or any
subcontractor, or any supplier or other person under workers compensation acts, disability
benefit acts, or other employee acts.
6)
Time For Completion
Contractor agrees to commence the work provided for herein within a reasonable period
of time after a work order has been received by Contractor, and to proceed to diligently pursue
the work to completion.
3
7)
Listing of Subcontractors
Contractor agrees that except to the extent that subcontractors were set forth in its bid,
that all work in excess of one-half of one percent shall be performed by Contractor. It is agreed
and acknowledged that should Contractor fail to conform hereto or with any of the requirements
of Section 4100 through and inclusive of Section 4114 of the Public Contract Code, Contractor
shall be subject to the requirements and penalties of Section 4106 of the Public Contract Code.
8)
Insurance
Contractor shall not commence any work on this project until Contractor has obtained all
insurance required herein. Contractor shall not permit any subcontractor to commence work on
this project until the same insurance requirements have been complied with by such
subcontractor. Contractor shall take out and maintain at all times during the performance of this
Agreement the following policies of insurance:
A.
Public Liability and Property Damage Insurance: Contractor shall carry and
maintain insurance coverage for public liability and property damage on account of
bodily injuries, including death resulting therefore, in the sum of not less than $1,000,000
for one person and $2,000,000 for more than one person, and property damage in the sum
of not less than $1,000,000 resulting from any one accident which may arise from the
operation of Contractor in the performance of the work that is provided for herein.
Owner, its officers, agents and employees shall be designated as additional insureds.
Contractor shall provide certification and endorsement of the above-listed insurance
coverages on Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Comprehensive or Commercial General Liability, Exhibit “B” attached to and incorporated
herein.
B.
Motor Vehicle Public Liability and Property Damage Insurance: Contractor shall
carry and maintain a motor vehicle public liability and property damage insurance
covering each automobile, truck, and other vehicle used in the performance of this
Agreement, in an amount of not less than $1,000,000 for one person and $2,000,000 for
more than one person and property damage in the sum of not less than $1,000,000
resulting from any one accident which may arise from the operation of Contractor in the
performance of the work that is provided herein.
Insurers shall have financial and size ratings of at least an "A", VIII in accordance with
the most current Best's Key Rating Guide, Property Casualty. Contractor shall provide
certification and endorsement of the above-listed insurance coverages on Owner’s forms of
Certificate of Insurance and Insurance Endorsement for Comprehensive or Commercial General
Liability, Exhibit “B” attached to and incorporated herein.
4
C.
Workers Compensation Insurance and Employers Liability Insurance: Contractor
shall carry and maintain workers compensation insurance in not less than the statutory
limit and employers liability insurance in an amount of not less than: $1,000,000 each
accident, $1,000,000 each disease - policy limit, and $1,000,000 each disease - each
employee.
Contractor shall provide certification and endorsement of the above-listed insurance
coverages on Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Workers’ Compensation and Employers’ Liability, Exhibit “C” attached to and incorporated
herein. Contractor shall also complete and sign the Certificate Regarding Workers’
Compensation, Exhibit “D” attached to and incorporated herein.
Nothing contained in the foregoing insurance requirements is to be construed as limiting
the extent of the liability of Contractor or Contractor’s sureties.
9)
Bonds
If the above-stated Contract Price is greater than $25,000.00, then before commencing
performance of the work contracted for hereunder, Contractor shall furnish a payment bond
approved by Owner as required by Section 9550 of Civil Code, in an amount not less than one
hundred (100%) percent of the sum payable hereunder, and Contractor shall also furnish a
faithful performance bond approved by Owner in the amount of one hundred (100%) percent of
the sum payable hereunder. Said bonds shall be secured from a surety company satisfactory to
Owner and who is authorized to transact business in this State. Contractor shall use Owner’s
form for the payment bond, Exhibit “E” and performance bond, Exhibit “F” attached to and
incorporated herein. A certified power of attorney must be attached to each bond. Said bonds
shall continue in full force and effect for the guarantee period. All alterations, time extensions,
extra and additional work, and other changes authorized by the specifications, or any part of this
Agreement, may be made without securing consent of the surety or sureties on the contract
bonds.
10)
Arbitration
Should any dispute arise under the provisions of this Agreement, Owner may direct
Contractor to proceed with the Work. Except to the extent otherwise provided in Section 22,
payment shall be as later determined by arbitration in accordance with the rules of the American
Arbitration Association (AAA) and judgment upon the award shall be entered in any court
having jurisdiction thereof. Although such work shall not be construed as being commenced
under extra work provisions, Contractor shall keep and furnish records of all disputed work.
11)
Guarantees
Besides guarantees required elsewhere, Contractor shall and hereby does guarantee all
Work for a period of two years after the date of acceptance of the Work by Owner and shall
5
repair and replace any and all such Work, together with any other Work which may be displaced
in so doing, that may prove defective in workmanship and/or materials within the two-year
period from date of acceptance, without expense whatsoever to Owner, ordinary wear and tear
and unusual abuse or neglect excepted. In the event of Contractor’s failure to comply with the
above mentioned guarantee within seven (7) days after being notified in writing, Owner is
hereby authorized to proceed to have the defects repaired and made good at the expense of
Contractor who hereby agrees to pay the cost and charges therefor, immediately on demand.
Contractor’s guarantee is in addition to any and all manufacturer’s guarantees and warranties,
both express and implied. The faithful performance bond and the payment bond shall continue
in full force and effect for the entire guarantee period. If, in the opinion of Owner, defective
work creates a dangerous condition or requires immediate correction or attention to prevent
further loss to Owner or to prevent interruption of operations of Owner, Owner will attempt to
give the notice required by this section. If Contractor cannot be contacted or does not comply
with Owner’s request for correction within a reasonable time as determined by Owner, Owner
may, notwithstanding the provisions of this Section, proceed to make such correction or provide
such attention; and the costs of such correction or attention shall be charged against Contractor.
Such action by Owner will not relieve Contractor of the guarantee provided in this section or
elsewhere in this Agreement.
12)
Progress Payments
A. The following is a summary of the provisions of Article 1.7 of Chapter 1 of Part 3 of
Division 2 (commencing with Section 20104.50) of the Public Contract Code, regarding progress
payments, and is subject to the actual provisions of that statute.
B. If Owner fails to make any progress payment within thirty (30) days after receipt of
an undisputed and properly submitted Progress Payment Request from Contractor, Owner shall
pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Section
685.010 of the Civil Code of Procedure.
C. Upon receipt of a Progress Payment Request, Owner shall act in accordance with both
of the following:
1. Each payment request shall be reviewed by Owner as soon as practicable after receipt
for the purpose of determining that the payment request is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for
payment shall be returned to Contractor as soon as practicable, but not later than seven (7) days
after receipt. A request returned pursuant to this paragraph shall be accompanied by a document
setting forth in writing why the payment request is not proper.
D. The number of days available to Owner to make a payment without incurring interest
pursuant to subparagraph B shall be reduced by the number of days by which Owner exceeds the
seven (7) day return requirement set forth in subparagraph B.
6
E. For purposes of this Article, a “progress payment” includes all payments due
Contractor, except that portion of the final payment designated under this Agreement as
retention.
13)
Progress Payment Retention
A. Owner shall retain five (5) percent of each progress payment as part security for
fulfillment of the Contract by Contractor and shall pay to Contractor the balance of the progress
payment after deducting all previous payments and all sums to be kept or retained under the
terms of the Contract. At any time after fifty (50) percent of the Work has been satisfactorily
completed and if Owner determines that aggressive progress will continue to a timely completion
of the Work, Owner may pay any of the remaining progress payments in full for actual Work
completed. Regardless of whether Owner has made any progress payments in full, in the event
that subsequent to such determination Contractor fails to maintain progress in accordance with
the applicable schedule, retention at a rate of five (5) percent will be held from the amount due
Contractor for the period that progress was not maintained and from each succeeding month until
progress is sufficient to be on schedule.
B. The retention payment shall not be due and payable until the expiration of thirty-five
(35) days from the date of Owner’s recording of a Notice of Completion of the Work in the
office of the County Recorder.
14)
Final Payment
When the work has been completed to the satisfaction of Owner’s representative, he shall
make a final estimate of the total amount of work done thereunder and the amount to be paid
therefor, under the terms of this Agreement. If Owner finds the work has been completed
according to the terms of this Agreement, he shall accept the work, shall file a notice of
completion, and shall pay the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be retained under the provisions of this Agreement. All
prior progress estimates and payments shall be subject to correction in the final estimate and
payment. It is mutually agreed between the parties to this Agreement that no certificate given or
payment made under this Agreement shall be conclusive evidence of performance of this
Agreement and no payment shall be construed to be an acceptance of any defective work or
improper materials. Contractor further agrees that the payment of the final amount due under
this Agreement shall release Owner, Owner’s representative, engineers and architects, and each
of their officers, employees and agents from any and all claims or liability arising out of this
Agreement related to the amount paid.
15)
California Department of Industrial Relations (DIR) Registration
Contractor shall comply with the registration requirements of Labor Code Section
1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring
by the California Department of Industrial Relations.
7
16)
Labor
A. Under the provisions of the California Labor Code, the Director of the Department of
Industrial Relations has determined the prevailing rate of wages for the locality in which the
Work is to be performed and Owner has adopted said prevailing rate of wages. A copy of these
prevailing rates is on file at the office of Owner and shall be made available to any interested
party on request. A copy of such prevailing wage rates shall be posted on the jobsite by
Contractor.
B. Contractor and any Subcontractor under them shall comply with the requirements of
Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Willful
violations of Section 1777.5 will result in forfeiture of $100 for each calendar day of
noncompliance, or up to $300 for each calendar day of noncompliance for second and
subsequent violations within a three-year period that result in apprenticeship training not being
provided as required by the Labor Code, and may also result in debarment sanctions in the case
of violations, as determined by the Labor Commissioner pursuant to Section 1777.7. Section
1777.7 also imposes requirements that, if not observed by Contractor, will result in Contractor’s
liability for Subcontractor violations of Section 1777.5
C. Contractor shall comply with Labor Code Section 1775. In accordance with said
Section 1775, Contractor shall forfeit as a penalty to Owner, up to two hundred dollars ($200), as
determined by the Labor Commissioner, for each calendar day or portion of a day for each
worker paid less than the stipulated prevailing rates for such work or craft in which such worker
is employed for any work done under the contract by them or, except as provided by the Labor
Code, by any subcontractor under them in violation of the provisions of the Labor Code, and in
particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant
to Section 1775, the difference between the stipulated prevailing wage rates and the amount paid
to each worker for each calendar day or portion of a day for which each worker was paid less
than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
D. Contractor shall forfeit as a penalty to Owner $25 for each worker employed in the
execution of the Work by Contractor or any Subcontractor under them for each calendar day
during which such worker is required or permitted to work more than eight (8) hours in any one
(1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions
of the Labor Code, in particular, Section 1810 to Section 1815 thereof, inclusive, except that
work performed by employees of Contractor in excess of eight (8) hours per day and forty (40)
hours during any one (1) week shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day and not less than one and one half (1 ½) times the basic rate of
pay as provided in said Section 1815.
E. Contractor and each of their subcontractors shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by them in connection with the
Work. The records shall be on forms provided by the Division of Labor Standards Enforcement
8
or forms with the same information as required by the Division's form. The records may consist
of printouts of payroll data maintained as computer records, if the printouts contain the same
information as the forms provided by the Division of Labor Standards and are verified as
required under this paragraph. Each payroll record shall contain or be verified by a written
declaration that is made under penalty of perjury, stating that (1) the information contained in the
payroll record is true and correct, and (2) Contractor (or the subcontractor, as the case may be)
has complied with the requirements of Sections 1771, 1811, and 1815 of the Labor Code for any
of the work performed by their employees. The payroll records shall be submitted monthly to
Owner and shall be available for inspection at all reasonable hours at the principal office of
Contractor (or the subcontractor, as the case may be) to the employee or their authorized
representative on request to the Division of Labor Standards Enforcement on request, and the
public, provided that request by the public must be made through Owner or the Division of
Labor Standards Enforcement in accordance with the requirements of Labor Code Section 1776.
Copies shall be provided to the requesting agency within ten (10) days after receipt of written
request. Any copy of a payroll record made available to the public or any public agency by
Owner shall be marked or obliterated to prevent disclosure of individual workers’ names,
addresses, and social security numbers. Contractor shall inform Owner of the location address of
payroll records of Contractor and each subcontractor and notify Owner of a change in any such
location within five (5) working days. In the event Contractor or a subcontractor fails to comply
with the above-specified 10-day period, Contractor or the subcontractor shall forfeit as a penalty
to Owner one hundred dollars ($100) for each calendar day or portion of a day for each worker
until strict compliance is effectuated. Contractor is not subject to a penalty under this section
due to the failure of a subcontractor to comply with this section.
17)
Audit
A. Pursuant to California Government Code Section 8546.7, this Contract, and
CONTRACTOR and DISTRICT as the contracting parties, are subject to the examination and
audit of the State Auditor, at the request of Owner or as part of any audit of Owner, for a period
of three years after final payment under the Contract.
18)
Utilities
A. Pursuant to Section 4215 of the Government Code, Owner has the responsibility to
identify, with reasonable accuracy, main or trunk line facilities on the plans and specifications.
In the event that main or trunk line utility facilities are not identified with reasonable accuracy in
the contract documents, Owner shall assume the responsibility for their timely removal,
relocation, or protection.
B. No later than two (2) days in advance of the work, Contractor shall expose all known
main and trunk line crossings in the immediate area in order to provide for grade and alignment
adjustments, if necessary.
C. Contractor shall be compensated by Owner for the costs of locating, repairing damage
not due to the failure of Contractor to exercise reasonable care, and removing, relocating,
9
protecting, or temporarily maintaining such main or trunk line utility facilities not indicated with
reasonable accuracy in the plans and specifications, and for equipment in the project necessarily
idled during such work. In this regard, Contractor will be required to perform such work in
accordance with Section 3. Alternatively, Owner may make changes in the alignment and grade
of the Work to obviate the necessity to remove, relocate, or temporarily maintain the utility, or
Owner may make arrangements with the owner of the utility for such work to be done at no cost
to Contractor.
D. When it is necessary to remove, relocate or temporarily maintain a service
connection, the cost of which is not required to be borne by the owner, Contractor shall bear all
expenses incidental to work on the service connection. The work on the service connection shall
be done in a manner satisfactory to the owner; it being understood that the owner of the service
connection has the option of doing such work with their own forces or permitting the work to be
done by Contractor.
E. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which in the position shown on the plans, the cost of which is not required to be borne by the
owner, Contractor shall bear all expenses incidental to the work on the utility. The work on the
utility shall be done in a manner satisfactory to the owner; it being understood that the owner of
the utility has the option of doing such Work with their own forces or permitting the work to be
done by Contractor.
F. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which is not shown on the plans or in a position different from that shown on the plans and were
it in the position shown on the plans would not need to removed, relocated, or temporarily
maintained and the cost of which is not required to be borne by the owner, Owner will make
arrangements with the owner of the utility for such work to be done at no cost to Contractor, or
will require Contractor to do such work or will make changes in the alignment and grade of the
work to obviate the necessity to remove, relocate, or temporarily maintain the utility. All work
or changes in alignment and grade will be ordered in accordance with Section 3.
G. No representations are made that the obligations to move or temporarily maintain any
utility or structure and to pay the associated cost is or is not required to be borne by the owner of
such utility, and it shall be the responsibility of Contractor to investigate to find out whether or
not this cost is required to be borne by the owner of the utility.
H. The right is reserved for governmental agencies and owners of utilities to enter at any
time upon any street, alley, right way, or easement for the purpose of making changes in their
property made necessary by the Work and for the purpose of maintaining and making repairs to
their property.
20)
Excavation Plans for Worker Protection; Trenches and Excavations
A. Contractor shall submit to Owner for acceptance, in advance of excavation, a detailed
plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker
10
protection from the hazard of caving ground during the excavation of any trench or trenches five
(5) feet or more in depth. The plan shall be prepared specifically for the work by a registered
civil or structural engineer who is licensed by the State of California. The plan shall be in an
original format, not a reproduced copy, and shall include the engineer's original signature and
seal. As a part of the plan, a note shall be included stating that the registered civil or structural
engineer certifies that the plan complies with the CAL OSHA Construction Safety Orders, or
stating that the registered civil or structural engineer certifies that the plan is not less effective
than the shoring, bracing, sloping or other provisions of the safety orders.
B. All shoring submittals shall include surcharge loads from adjacent embankments,
construction loads and spoil bank. The submittal shall include the minimum horizontal distance
from the top of trench to the edge of surcharge loads for all cases of shoring and side slopes.
C. The detailed plans showing the design of shoring, etc., which Contractor is required to
submit to Owner for acceptance in advance of excavation will not be accepted if the plan is
based on subsurface conditions which are more favorable than those revealed by investigations
made by Owner or the Engineer or their consultants; nor will the plan be accepted if it is based
on soils related design criteria that are less restrictive than the criteria set forth in the report of the
investigations of subsurface conditions.
D. Nothing contained in this paragraph shall be construed as relieving Contractor of the
full responsibility for providing shoring, bracing, sloping, or the other provisions which are
adequate for worker protection.
E. If the Contract involves digging trenches or other excavations the following
paragraphs of this Section shall apply.
F. If asbestos or materials containing asbestos, petroleum or petroleum products,
hazardous material or waste, or radioactive material is generated, uncovered, or revealed and is
not shown or indicated in contract documents to be within the scope of the work, Contractor
shall immediately: (i) stop all Work in connection with such hazardous condition and in any area
affected thereby (except in an emergency affecting the safety or protection of persons or the
Work or property at or adjacent to the site), and (ii) Contractor shall promptly, and before the
following conditions are disturbed, notify Owner, in writing, of any:
(1) Material that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class
II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by
information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in Work of the character
provided for in the Contract.
11
G. Owner shall promptly investigate the conditions, and if it finds that the conditions do
materially so differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a
change order under the procedures described in the Contract.
H. Subject to the following paragraph I, in the event that a dispute arises between Owner
and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in Contractor’s cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date provided for by the
Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall
retain any and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
I. Contractor shall not be required to resume Work in connection with such hazardous
condition or in any such affected area until after Owner has obtained any required permits related
thereto and delivered to Contractor special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely
21)
Quality of Materials and Equipment; Substitutions
A. All equipment, materials, and supplies to be incorporated in the Work shall be new,
unless otherwise specified. When the quality of a material, process, or article is not specifically
set forth in the Plans and Specifications, the best available quality of the material, process or
article shall be provided.
B. Whenever materials or equipment are specified or described in the Plans or
Specifications by using the name of a proprietary item or the name of a particular supplier, the
naming of the item is intended to establish the type, function and quality required. Unless the
name is followed by words indicating that no substitution is permitted, the name shall be deemed
to be followed by the words "or approved equivalent" and materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
Owner to determine that the material or equipment proposed is equivalent to that named.
Approval of proposed equivalent materials or equipment is at the sole discretion of Owner.
C. Requests for review of substitute items of material and equipment will not be
accepted by Owner from anyone other than Contractor. If Contractor wishes to furnish or use a
substitute item of material or equipment, Contractor shall make written application to Owner for
acceptance of the substitute, certifying that the proposed item with perform adequately the
functions called for by the general design, be similar and of equal substance of that specified, and
suited to the same use and capable of performing the same function that is specified. The
application shall state whether or not acceptance of the substitute for use in the Work will require
a change in the drawings or specifications to adapt the design to the substitute and whether or not
incorporation or use of the substitute in connection with the Work is subject to payment of any
12
license fee or royalty. All variations of the proposed substitute from that specified shall be
identified in the application and available maintenance, repair, and replacement service shall be
indicated. The application shall also contain an itemized estimate of all increases or decreases in
(1) the cost of, or the time required to perform any part of the Work, and the corresponding
adjustments in the Contract Price and the Contract Time resulting directly or indirectly from
evaluation and acceptance of the proposed substitute, including, but not as a way of limitation,
costs and delays associated with redesign or claims of other Contractors affected by resulting
substitutes; and (2) increases or decreases in operating, maintenance, repair, replacement, or
spare part costs, all of which will be considered by Owner in evaluating the proposed substitute.
Owner may require Contractor to furnish, at Contractor's expense, additional data about the
proposed substitute.
D. Owner shall be the sole judge of acceptability, and no substitute shall be ordered or
installed without Owner's prior written acceptance.
E. Contractor assumes sole responsibility for verifying the proposed substitute items are
in accordance with the requirements of the contract documents, and that the dimensions,
arrangement, design and construction details and all other features of substitute items are suitable
for their intended purpose.
F. In the event that a substitute item differs materially from the specified item of material
or equipment, and said difference was not expressly identified in Contractor's request for the
substitution, or the incorporation of the substitute into the Work results in a change(s) to the
Work or in the function or general design of the project, which was not expressly identified in
Contractor's request for the substitution, Owner may require the removal and replacement of the
substitute at Contractor's sole expense.
G. Contractor may submit data substantiating requests for substitutions of equivalent
items at any time after notice of award. Under no circumstances shall Contractor be entitled to
an increase in Contract Time as a result of the submission or review of a substitution request.
22)
Subcontracting
A. Contractor is prohibited from performing any of the Work with a subcontractor who
is ineligible to perform such Work pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Contractor agrees that in accordance with Public Contract Code Section 6109, a subcontract with
an ineligible subcontractor is void as a matter of law, amounts paid to the subcontractor shall be
returned to Owner and Contractor is responsible for paying wages of the subcontractor's
employees if the subcontractor is allowed to perform any part of the Work.
B. Contractor shall not award work to subcontractors in excess of fifty (50) percent of
the Contract Price without prior written approval of Owner. Except as provided by law,
Contractor shall not employ any subcontractor, supplier, or other person or organization
(including but not limited to those who are to furnish the principle items of materials or
13
equipment), whether initially or as a substitute, against whom Owner may have reasonable
objection.
C. Contractor shall give prompt written notice to Owner as to the identity of
qualifications of any Subcontractor, supplier, or other person or organization to whom Contractor
intends to award work, and of Contractor's intent to remove or replace a subcontractor, supplier,
or other person.
23)
Antitrust Claims Assignment
In entering into a public works Contractor or subcontract to supply goods, services or materials
pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to
the awarding body all rights, title and interest in and to all causes of action it may have under
Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2,
commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services or materials pursuant to the public works contract or
the subcontract. This assignment shall be made and become effective at the time the awarding
body tenders final payment to Contractor, without further acknowledgment by the parties.
24)
Resolution of Construction Claims
A. This Article is intended as a summary of the provisions of Article 1.5 (commencing
with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code ("Claims
Resolution Statute") and is subject to the actual provisions of the Claims Resolution Statute.
This article shall govern the resolution of any claim of $375,000 or less which may be made by
Contractor.
B. As used in this Article, “Claim” is defined as a separate demand made by Contractor
for (a) a time extension, (b) payment of money or damages arising from the Work, payment for
which is not otherwise expressly provided for or Contractor is not otherwise entitled to, or (c) an
amount, the payment of which is disputed by Owner.
C. Contractor shall make all claims in writing and include the documents necessary to
substantiate the claims. Any claim by Contractor which is intended to invoke the procedures
under the Claims Resolution Statute shall specify that the claim is being made pursuant to the
Claims Resolution Statute. All claims by Contractor must be filed on or before the date of Final
Progress Payment; provided, however, nothing in this Article is intended to extend the time
limits or supersede notice requirements which may otherwise be provided within the contract
documents for the filing of claims by Contractor including, but not limited to, those provided in
Section 3.
D. For claims less than $50,000, Owner shall respond in writing within forty-five (45)
days of receipt of the claim, or Owner may request, in writing, within thirty (30) days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses or claims
Owner may have against Contractor. If additional information is thereafter required, it shall be
14
requested and provided upon mutual agreement of Owner and Contractor. If Owner requests
additional documentation, Owner's written response to the claim shall be submitted to Contractor
within fifteen (15) days after receipt of the additional documentation, or within the same time
period as used by Contractor in producing the additional documentation, whichever is greater.
E. For claims over $50,000 but less than $375,000, Owner shall respond in writing
within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days
of receipt of the claim, any additional documentation supporting the claim or relating to defenses
or claims Owner may have against Contractor. If additional information is thereafter required, it
shall be requested and provided upon mutual agreement of Owner and Contractor. If Owner
requests additional documentation, Owner's written response to the claim shall be submitted to
Contractor within thirty (30) days after receipt of the additional documentation, or within the
same time period as used by Contractor in producing the additional documentation, whichever is
greater.
F. If Contractor disputes Owner's written response, or Owner fails to respond within the
time prescribed, Contractor may, by giving written notice to Owner within fifteen (15) days of
receipt of Owner's response (or within fifteen (15) days of Owner's failure to respond), demand
an informal conference to meet and confer for settlement of the issues in dispute. Upon such
demand, Owner shall schedule a "meet and confer" conference within thirty (30) days.
G. If after the "meet and confer" conference, any portion of the claim remains in dispute,
Contractor may file a claim pursuant to Government Code Section 900 et seq. If a court action is
thereafter filed to resolve the claim, the court must, within the time specified by law, submit the
matter to nonbinding mediation unless waived by mutual stipulation of Owner and Contractor. If
after the mediation process, the matter remains in dispute, the case must then be submitted to
judicial arbitration pursuant to the applicable law.
25)
Substitution of Securities for Amounts Withheld
A. Pursuant to Section 22300 of the Public Contract Code, Contractor may substitute
securities for any monies withheld by Owner to ensure performance of the Work. At the request
and expense of Contractor, securities equivalent to the amount withheld shall be deposited with
Owner or with a state or federally chartered bank in California as the escrow agent. Such
securities shall be released to Contractor at the same time as amounts retained would be released
under paragraph 11.6 upon satisfactory completion of the Work, to the extent such securities
have not previously been utilized or are not then being held by Owner or the escrow agent for
purposes as provided in this Agreement. Alternately, Contractor may request, and Owner shall
make, payment of retentions earned directly to the escrow agent at the expense of Contractor as
provided in Section 22300 of the Public Contract Code.
B. If such securities are deposited with Owner, Owner shall determine their value.
Owner shall also be entitled in their discretion to sell, redeem, or otherwise convert them or
portions thereof to cash in order to apply them to any of the purposes set forth in the Agreement
for which amounts may be withheld from Contractor and used. Contractor shall furnish such
15
documents as are deemed necessary by Owner to enable Owner to make such sales, redemptions,
or conversions.
C. If the securities are deposited with an escrow agent, Contractor, escrow agent and
Owner shall execute the form entitled "Escrow Agreement for Security Deposits in Lieu of
Retention."
D. Securities eligible for investment under this section shall be those listed in California
Government Code Section 16430 or bank or savings and loan certificates of deposit, interest
bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed
to by Contractor and Owner.
E. Contractor shall be the beneficial owner of any securities substituted for monies
withheld and shall receive any accrued interest.
26)
Notice of Taxable Possessory Interest
A. The terms of this Agreement may result in the creation of a possessory interest. If
such a possessory interest is vested in Contractor, Contractor may be subjected to the payment of
property taxes levied on such interest.
27)
Delays
A. No forfeiture due to delay shall be made because of any delays in the completion of
the Work due to unforeseeable causes beyond the control and without the fault or negligence of
Contractor (including but not restricted to acts of God or of the public enemy, acts of the
government, acts of Owner, or acts of another contractor in the performance of a contract with
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather or delays caused by the failure of Owner, or the owner of a utility to provide for
removal or relocation of main or trunk line facilities not indicated in the plans or specifications
with reasonable accuracy). Except as provided for in paragraph B of this article, any such delays
shall not entitle Contractor to any additional compensation, and the sole remedy of Contractor
shall remain an extension of time obtained in accordance with the Agreement.
B. Notwithstanding any provisions in the Contract to the contrary, an extension of the
Contract time shall be the sole remedy of Contractor for any delay of any kind. The only
exception shall be if the delay has been caused solely by acts for which Owner is responsible and
which delay is unreasonable under the circumstances involved, is not within the contemplation of
the parties, and continues after Contractor’s notice to Owner of such acts. Owner’s exercise of
any of its rights, or Owner’s exercise of its remedies of stopping the Work or requiring
correction or re-execution of any defective Work shall not under any circumstances be construed
as unreasonable interference with Contractor’s performance of the Work. No adjustment in
Contract Price under this paragraph shall be provided for any reason if: (1) performance would
have been so extended by any other cause, including fault or negligence of Contractor; (2) an
adjustment is provided or excluded any other provision of the Contract or; (3) delays merely
16
prevent Contractor’s achievement of completion of the Work, or any part in question, ahead of
the corresponding Contract Time(s), including any authorized adjustments.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first herein above written.
EAST ORANGE COUNTY WATER DISTRICT
(OWNER)
By____________________________
General Manager
PERFORMANCE PIPELINE TECHNOLOGIES
(CONTRACTOR)
By____________________________
______________________________
Contractor's License Number
99306/ 061814
17
ATTACHMENT A
SCOPE OF WORK
CCTV Sewer Inspection and Related Services
SPECIFICATION NO. CCTV-7-2016
1.
Background
East Orange County Water District (EOCWD) is a public agency responsible for water
and wastewater collection services to approximately 75,000 residents and a number of
commercial and industrial businesses in east Orange County. EOCWD operates and
maintains:
- Over 174 miles of gravity sewer pipelines
- Over 2,000 manholes
Please see Appendix A and Appendix B for the EOCWD service areas. There will be one
(1) geographic areas that will be part of this scope of work:
Area 1 -This area corresponds to the unincorporated section of Orange County
that is south of Orange, east of Santa Ana and north of Tustin, mainly known as
Cowan Heights. This area contains sewers that range in size from 4 inches to 18
inches in diameter. See Appendix A.
Sewer infrastructure inspection and condition assessment by closed-circuit television
(CCTV) is required to determine the structural condition of pipes, assess repair and
replacement needs, as well as determining the quality and frequency of sewer cleaning
activities in an effort to reduce spills.
Inspection is typically accomplished by inserting a camera into the pipeline (or other
asset such as syphon or wet well), and digitally recording all the visible defects,
imperfections and debris of the sewer pipeline. There are also lesser tasks the
CONTRACTOR will be requested to perform, including but not limited to the following:
• Obtaining permits from CALTRANS when performing work on a state highway.
EOCWD will reimburse contractor for permit fees only.
• Inspection of sewers in areas where accessibility is difficult, namely easements.
• Assisting/standing-by during emergency situations as requested by the EOCWD.
• Performing laser/sonar inspections using special equipment when required. This
technology will provide pipeline section views, debris profile and other features
that cannot be obtained via camera inspection of the pipeline.
ATTACHMENT A
Page 1 of 14
Specification No. S-2012-548
2.
General
The CONTRACTOR shall provide the following services to EOCWD:
SEWER FACILITIES CCTV/SONAR/LASER INSPECTION AND CONDITION
ASSESSMENT
CONTRACTOR will furnish all labor, materials, equipment and incidentals necessary for
the closed-circuit television (CCTV) inspection of various lengths and sizes of sanitary
sewers, syphons, manholes, wet wells and other related appurtenances located
throughout EOCWD’s service area. Sewer pipelines are typically vitrified clay pipe (VCP),
reinforced concrete pipe (RCP), polyvinyl chloride pipe (PVC), and ductile iron pipe
(DIP). Additionally, some of the sewer pipelines may be lined with a range of pipe liners.
The pipelines range in sizes from 4 to 120 inches in diameter. CONTRACTOR shall also
be capable of inspecting 4-inch laterals when requested.
The following services are required to inspect the condition of the district facilities:



High definition CCTV video of pipelines and related assets, along with
associated report(s) and data.
Laser profile of pipelines and related assets, along with associated
report(s) and data.
Sonar profile of pipelines and related assets, along with associated
report(s) and data.
CONTRACTOR shall respond to EOCWD inspection requests within two business days
wherever permits are not required. For emergency situations, CONTRACTOR shall
respond to a special request by EOCWD within six (6) hours for CCTV inspection; one
week for sonar/laser profiling. The CONTRACTOR shall have full-time personnel
experienced in CCTV inspection review, and/or sonar/laser profiling readily available to
respond within the time limits noted above of an emergency notification. Frequent
lengthy delays in responses may be cause for cancellation of contract.
EOCWD will provide the awarded CONTRACTOR(S) the use of a sewer atlas showing
EOCWD’s collections’ infrastructure which includes sewer pipelines, manholes, sewer
force mains, wet wells and syphons. Typical data on the atlas includes pipe size, pipe
material, pipe slope, manhole depth, manhole identification numbers, locations, and age
of sewer.
Sewers will be assumed to have been cleaned sufficiently by others in order for the
camera, sonar or laser to pass through the pipe. Sewers with excessive debris
prohibiting the camera to successfully inspect the pipe section will be subject to a
minimum call out fee as indicated on the Bid Price Form (Attachment B, Item 1, 10 and
23) in order to reimburse the CONTRACTOR.
An inspection delay caused by EOCWD or other factors outside of the control of the
contractor allows the CONTRACTOR to bill for services at an hourly crew rate for the
delay period only as indicated on the Bid Price Form (Attachment B, Item 3, 12 and 24).
CONTRACTOR shall perform the inspection in the direction of flow, from upstream
manhole to downstream manhole, when at all possible. During the inspection, the
CONTRACTOR shall measure the distance for each pipe reach between manholes,
measured from the center of the upstream manhole to the center of the downstream
ATTACHMENT A
Page 2 of 14
Specification No. S-2012-548
manhole. Should the CONTRACTOR inspect more than reach in a single run, the
distance measuring counter shall be reset to zero at all intermediate manholes. Reverse
setups (i.e. resetting the inspection equipment to begin inspection from the opposite
manhole due to obstruction, etc.) shall be paid at the unit price per reverse setup as
indicated on the Bid Price Form (Attachment B, Item 2 and 11). In the event that the
CCTV camera encounters a defect (collapsed pipe, peeled off liner in pipeline, broken
pipe, excessive debris, pipeline sag, etc.) such that there is a possibility that continuation
of the inspection could cause the camera to become stuck or result in additional pipe
damage or collapse, it is the responsibility of the CONTRACTOR to discontinue the
inspection. The Contractor will need to notify the EOCWD representative(s) immediately
as to the condition of the pipe, and include this information in its written report to
EOCWD.
Upon completion of the assigned work, the CONTRACTOR will prepare a written report
which will be due to EOCWD within seven (7) calendar days. The report will include the
CONTRATOR’s condition assessment and observations, as well as DVD(s) that will
include the digital video, digital photography and the electronic files of the report.
3.
Contractor Requirements
The CONTRACTOR’s supervisor(s) performing the work must be qualified to perform
the work as noted in these specifications and have a minimum of five (5) years of
experience in sewer pipeline CCTV inspections. All CCTV operators shall be National
Association of Sewer Service Companies (NASSCO) certified by passing the three day
Pipeline Assessment and Certification Program (PACP). The methodology of evaluation,
data collection and reporting criteria used for the NASSCO certification shall be practiced
for all CCTV evaluations in this contract.
The Contractor’s supervisor(s) must be able to communicate both verbally and in writing
with EOCWD staff as well as with his crew. CONTRACTOR’s supervisor must
demonstrate the capability to read, interpret, and understand pertinent OSHA
requirements, EOCWD’s plans, drawings, and specifications as necessary. All work and
equipment utilized shall conform to FED-OSHA and CAL-OSHA Title 8 requirements,
including, but not limited to work performed in confined spaces and/or gas hazardous
environments. CONTRACTOR shall also comply with District safety requirements
(attached).
4.
Permits and Access
Contractor shall acquire and pay all required fees and licenses for any encroachment
permits required by CalTrans, the various cities within EOCWD’s service area or the
County of Orange when inspections are necessary on their right-of-ways. EOCWD will
reimburse contractor for permit fees only.
For inspections where entry must be made onto homeowner’s property, notice must be
given for permission to enter property. Coordination of sewer inspection will be made
through EOCWD’s designated representative who shall be notified at least one week
prior to the Contractor’s anticipated work in the area. EOCWD’s representative will
provide assistance with manhole access and make arrangements as needed for entry
onto private property for the inspection of sewers in easements.
5.
Work Hours/Noise Requirements – Typical work hours are 7:00 am to 4:30 pm
Monday through Thursday. However, some tasks will require the contractor to work
schedules outside of the normal EOCWD business hours. While the majority of the work
ATTACHMENT A
Page 3 of 14
Specification No. S-2012-548
can be completed during the work hours described above, there will be some tasks that
will require night or weekend work due to flow conditions, or having to set up at busy
traffic zones. EOCWD estimates no more than five percent (5%) of the yearly volume of
work to be required to be performed at night or during weekends. The CONTRACTOR
shall incorporate this factor into its unit costs and bids.
CONTRACTOR is informed that CalTrans, cities, or the County of Orange may impose
limited work hours and nighttime schedules to accomplish the assigned work tasks.
CONTRACTOR is required to work within jurisdictional permits and to provide necessary
equipment to meet local noise restrictions that may be imposed. Typical levels shall not
exceed 50 DBA measured at any residential property.
6.
Confined Space Procedure
The CCTV inspection shall be conducted from above ground. Manhole entry, if required,
shall be conducted in strict accordance with permit required confined space entry
regulations. These regulations include, at a minimum compliance with state and federal
OSHA requirements and the District’s safety requirements (attached).
All manholes in this work are defined as Title 8 permit-required confined spaces. The
Contractor’s attention is directed to the General Industry Safety Orders of the State of
California, Article 108, Confined Spaces, Section 5157 (Title 8 of California Code of
Regulations, Sections 5167, 5157, 5158). Contractor shall attend a safety meeting at
EOCWD with the Safety and Emergency Response Division for the purpose of
reviewing the Contractor’s safety manuals, his knowledge of Title 8, and to discuss all
safety aspects of the job and shall only commence work with EOCWD’s understanding
and approval.
7.
Traffic Control
All traffic control shall be in accordance with the latest CalTrans Manual of Traffic
Control. Additional local regulations shall have precedence. Contractor shall apply for all
traffic control permits and pay all fees and permits for said permits. EOCWD will
reimburse contractor for permit fees only. Safe and adequate pedestrian and vehicular
access shall be provided in accordance with Section 7-10 of the Standard Specifications
for Public Works Construction, 2012 Edition. EOCWD will arrange for any complicated
traffic control plans required and performed.
NOTE – Inadequate or improper signing and delineation for traffic control may be
cause for the cancellation of the contract.
8.
CCTV Inspection
EOCWD will provide the CONTRACTOR(S) with a portable hard drive preloaded with
the sewer atlas data for the inspection requested.
When a preloaded portable hard drive is unavailable, a work order listing the line
segments to be inspected will be provided to the contractor.
A color video recording in MPEG1 format on one (1) DVD will be made of the CCTV
inspection and submitted to EOCWD's representative(s), along with the required CCTV
inspection report and log sheets. Each MPEG1 video file shall be labeled with the
starting manhole number to the ending manhole number. The DVD shall also contain
photographs of the noted defects in JPEG at a resolution of no less than three (3)
megapixels and not to exceed eight (8) megapixels. In addition, electronic files,
ATTACHMENT A
Page 4 of 14
Specification No. S-2012-548
formatted for EOCWD to use in its Computerized Maintenance Management System
(CMMS), will be submitted as detailed herein (Reference to Attachment I, IT Datacode
Requirements).
For the video and photograph files contained within the DVD, the file naming convention
shall be as follows:
For example, SUN0315-3535_SUN0315-3530_20120507_0853_00101502.mpg
 The first two items in the name are the nodes or assets, where the survey started
and where it was intended to end, in this example, the survey was started at
manhole SUN0315-3535 and is intended to end at manhole SUN0315-3530 (the
survey may be abandoned before reaching its intended end). Please note that
files are not named according to upstream and downstream manhole – but named
according to survey start and survey end.
 The third item is the survey date, in this example 20120507 is May 7th, 2012.
 The fourth item is the survey time; in this example 0853 is 08:53 AM.
 The fifth and final item is the unique video identification number, #101502, which
is used to track specific video files.
 It’s possible for some of the above information to be unavailable, e.g. the start/end
assets, date or time - which can result in one of the following (note the video
number is always available, i.e. all videos have a number):
o ------------_------------_20120507_0853_00101502.mpg (No assets, i.e. the
video location is unknown)
o SUN0315-3535_SUN0315-3530_--------_----_00101502.mpg (No date/time,
i.e. the video date and time is unknown)
o SUN0315-3535_SUN0315-3530_20120507_----_00101502.mpg (No time)
o ------------_------------_20120507_----_00101502.mpg (No assets or time)
o ------------_------------_--------_----_00101502.mpg (No assets or date/time)
Inspection shall be done during low flow periods, from upstream manhole to downstream
manhole, unless otherwise directed by EOCWD. EOCWD will divert gravity flows, when
necessary and possible.
8.1
Equipment
CCTV equipment shall include video cameras, a video monitor, cables, power
sources, and all equipment necessary to perform a CCTV inspection per the
contract documents. A backup camera shall be available onsite at all times. The
camera shall be specifically designed and constructed for the CCTV inspection
of sanitary sewers. The camera shall be operative in 100% humidity conditions.
CCTV inspections shall be performed using pan-tilt-zoom (PTZ) cameras
capable of providing a full 360-degrees view of the pipeline. The camera and
video monitor shall produce a minimum resolution of 540 horizontal television
lines effective (HTVL effective). The camera shall record at a rate of no less than
30 frames per second (fps). Illumination sensitivity shall be 3 lux or less. It
should be equipped with a ring of low intensity lights around the camera
to obtain maximum peripheral vision and prevent fogging within the line
being inspected. Focal distance shall be adjustable through a range from
6 inches to infinity. During inspection, lighting intensity shall be adjusted to
minimize reflective glare. Lighting and picture quality shall be adjusted to provide
a clear, in-focus picture of the entire periphery of the pipeline for all conditions
ATTACHMENT A
Page 5 of 14
Specification No. S-2012-548
encountered. Camera focal distance shall be adjustable through a range from 25
millimeters (mm) or 1 inch (in) to infinity. Camera shall have a minimum optical
zoom capability of 10x. Image quality shall not be compromised by the use of the
zoom, and image shall stay in focus at all times when using the zoom feature.
Contractor’s equipment must be free from defects and in sound working
condition. Camera shall transfer data to video monitor via coaxial, Ethernet, fiber
optic or Cat 6 cable, without compromising video resolution quality once it
reaches the monitor or is downloaded to a DVD. EOCWD reserves the right to
inspect the equipment and may request improvements to the equipment
condition if it is deemed necessary.
The laser profiler shall be able to attach to a CCTV camera to capture or record
a laser profile, as well as use machine vision software to analyze CCTV images.
It shall be capable for use in pipes 6" to 72" in diameter and have an accuracy of
plus or minus 0.5% of the pipe's diameter. The laser profile feature shall be used
to determine pipe shape and provide profile of the length inspected.
The sonar profiler shall able to operate in submerged and semi-submerged
pipelines from 8" to 96” in diameter. It can be used with CCTV or laser to provide
simultaneous image of the pipe both above and below waterline. The head of the
sonar, its transducer, looks sideways at right angles to the direction of the motion
through the pipe resulting in a cross sectional view of the pipe in real time, and
shall provide cross-sectional pictures, profile of the length of pipe inspected and,
volume of debris within the reach of pipe/siphon inspected.
Manual winches, power winches, TV cable powered rewinds or other devices
that do not obstruct the camera view or interfere with proper documentation of
the sewer conditions shall be used to move the camera through the sewer line.
Whenever non-remote powered and controlled winches are used to pull the
television camera through the line, telephones, two-way radios or other suitable
means of communication, will be set up between the two manholes of the section
being inspected to ensure that adequate communications exist between the
members of the crew.
Contractor shall have camera cables, power cords, and ancillary equipment
capable of recording reaches of up to 1,900 feet in one direction.
Contractor shall have available a main line launched lateral evaluation inspection
system that will perform the same functions as the Aries LETS System and the
Cues LAMP system. This service shall be billed as indicated on the Bid Price
Form (Attachment B, Item 9).
8.2
Types of Inspection
8.2.1
ATTACHMENT A
Preliminary inspection: For accurate sewer assessment, it should be
inspected in its natural working condition. This method of inspection is to
inspect the pipeline before cleaning to get a general idea of the condition
of the pipe and is referenced in the Bid Price Form (Attachment B, Item 5,
6 and 13-17). Sewers with excessive debris prohibiting the camera to
Page 6 of 14
Specification No. S-2012-548
successfully inspect the pipe section will be subject to a minimum call out
fee as indicated on the Bid Price Form (Attachment B, Item 1 and 10) in
order to reimburse the Contractor. CONTRACTOR shall be aware of the
following items during preliminary inspections:




8.2.2
Only significant observations shall be noted.
In the event a blockage is encountered, a reverse setup shall be
attempted.
Flow control may apply.
Camera speed may be increased to a maximum 50 feet per
minute Standard inspection: Sewers will be assumed to be
sufficiently clean for the camera to pass through the pipe. All of
the technical specifications herein pertain to the standard
inspection, with the exception of “preliminary inspection”, below.
Procedure for Standard Sewer CCTV Inspection
The camera shall be lowered into the manhole and placed into the pipe.
The camera cable shall be retracted to remove slack to ensure an
accurate footage reading. The cable footage-counter shall be reset to the
distance between the centerline of the manhole and the front lens of the
camera. The camera shall move through the pipeline in a downstream
direction, whenever possible, at a maximum uniform rate of 30 feet per
minute for all VCP and unlined RCP sewers. For PVC lined RCP sewers
39” and above, the camera speed may be increased to 50 feet per
minute. The cable footage-counter shall measure the distance between
each inspection segment from manhole centerline to manhole centerline.
The counter shall be accurate to less than one percent error over the
measured distance. The standard sewer CCTV Inspection is referenced
in the Bid Price form (Attachment B, Items 7,8 and 18-22)
The operator shall pause the digital recording at any time there is a pause
in the inspection and restart the digital video recording in the same digital
file. The pause shall in no way affect, freeze, or interrupt the replay of the
video and shall not close the video file during the inspection. Failure to
pause the recording during delays will be cause for rejection of that file.
The camera shall stop at all significant observations to ensure a clear and
focused view of the pipe condition. The camera’s zoom feature may be
required for a clear view of significant observations. Each observation
shall be noted with a voice recording, with the exception of ongoing
conditions such as hairline cracks and hair roots at most joints in which
case a general observation shall be documented. The observations shall
also be noted on the inspection report with stationing referenced. Digital
photographs shall be recorded as JPEG images. Two photographs shall
be taken; one with a perspective view and one with a close up view.
JPEG numbering shall be directed by EOCWD. These observations shall
include but not be limited to:
Laterals – factory or tapped
Laterals – protruding or defective
Cracks
Fractures
ATTACHMENT A
Page 7 of 14
Specification No. S-2012-548
Offset joints
Open joints
Sags
Line deviations
Siphons
Missing sections
Infiltration
Debris
Grease
Roots
Vermin
PVC liner or weld strip defects
Operator shall provide a 360-degree pan of all manholes including
incoming laterals.
The camera lens shall be kept clear of condensation and debris.
Recorded footage showing excessive steam, inadequate lighting,
excessive glare or other poor image quality will be cause for rejection and
non-payment by EOCWD.
Recordings with excessive distortion or discoloration shall be rejected and
subject to re-inspection of the rejected segment(s).
At predetermined times, during the contract period; the CCTV camera
shall be pointed at a simple television chart that proves the camera’s lack
of distortion, resolution and the ability to view colors accurately. This
chart will be provided by EOCWD. The resulting test shall be recorded
onto DVD so the recorded quality can be assessed. If the quality of the
evaluation testing proves to be poor, the contractor shall repair or replace
the equipment in order to deliver a high quality recording.
If during the CCTV inspection, CONTRACTOR encounters a condition
where public safety is threatened (such as, but not limited to, a pipe hole,
pipe collapse, stoppage, blockage and/or eminent sewer spill) the
CONTRACTOR shall notify EOCWD immediately. Furthermore,
CONTRACTOR shall provide a videotape copy of the section of line
containing the condition within 24 hours to EOCWD.
If during the CCTV inspection, the camera is jammed inside the sewer
and cannot be retrieved, the CONTRACTOR shall not excavate the pipe
to retrieve it. CONTRACTOR shall inform EOCWD immediately for
assistance, but it is the CONTRACTOR's responsibility to remove the
camera and ensure that the sewer is not damaged.
Whenever non-remote powered and controlled winches are used to pull
the television camera through the line, telephone, radios or other suitable
means of communication shall be set up between the two manholes of
the section being inspected to ensure that adequate communication
exists between members of the crew.
8.2.3
Reverse Setup
If during the inspection, the television camera cannot pass through the
ATTACHMENT A
Page 8 of 14
Specification No. S-2012-548
entire manhole section (due to obstruction or other obstacle), the
Contractor will again set up his equipment in a manner so that the
inspection can be performed from the opposite manhole. The contractor
shall be paid at the unit price per reverse setup as indicated on the Bid
Price Form (Attachment B, Items 2 and 11).
If the camera again fails to pass through the entire section, the Contractor
will notify EOCWD representative(s) immediately for further instructions.
8.2.4
Sonar and Laser Inspection
EOCWD may request to have any reach inspected by sonar to assess
the volume of debris within the pipeline, or obtain other data. Similarly,
laser profiling of any reach may also be requested in order to obtain
pipeline data unavailable via CCTV or sonar. Sonar and laser will be
billed as indicated on the Bid Price Form (Attachment B, Items 25-30).
The sonar and laser inspections shall be recorded similarly to a CCTV
inspection and a sonar and/or laser inspection report shall be submitted,
in addition to the electronic files associated with the sonar and/or laser
inspection.
8.3
Sewer Flow Control
8.3.1
Depth of Flow: Recommended Maximum Depth of Flow for CCTV
Inspection:
6” - 10” Pipe
12” - 24” Pipe
27” & up Pipe
20% of pipe diameter
25% of pipe diameter
30% of pipe diameter
Brief pipe plugging may be desired on small diameter sewers in the event
significant defects cannot be identified. The pipe plug shall be equipped
with an extendable handle to enable insertion into the pipe without a
confined space man entry. With the camera in place at the suspected
defect, the Contractor, at the direction of EOCWD, shall insert an inflatable
plug into the inlet pipe in the manhole. The upstream manhole flow level
shall be monitored during the procedure. As soon as possible once the
flow drops and the defect can be identified, the plug shall be deflated and
removed. Payment shall be made per Bid Price Form (Attachment B, Item
4) for small pipe diameter flow control as requested by EOCWD.
For sewers with high flow, when, after any possible flow diversions have
been made, and at low flow hours, the depth of flow is greater than
recommended for CCTV inspection, it may be desired to reduce flow by
plugging or bypassing the flow. All plugging and/or bypassing instructions
shall be previously arranged and coordinated with the EOCWD
representative prior to the start of each job in case bypass or reduction is
necessary. The bypass and reduction work has to be conducted through
an EOCWD approved Contractor. EOCWD will be responsible for the cost
associated with the bypassing and reduction being performed by EOCWDapproved bypass/reduction Contractors.
8.3.2
ATTACHMENT A
Spill Reporting and Handling
Page 9 of 14
Specification No. S-2012-548
In the event of any CONTRACTOR related overflow or
interruption/backup of residential service, the Contractor shall
immediately notify EOCWD 24/hr hot line at (714) 538-5815, and shall
contain and eliminate the overflow. Please reference to Attachment H,
“Sanitary Sewer Overflow Notifications Procedures” for Notification
Guidelines for CCTV Sewer Inspection and related services.
Workshops with Contractor’s may be provided by EOCWD regarding
containment methods.
Contractor shall be responsible for any fines levied by others,
reimbursement of any agency incurred costs, damage, cleanup,
restoration of flow, and any disruption of service costs to customers as a
result of Contractor’s work. This is in addition to any and all costs incurred
by the customer.
Contractor shall also notify EOCWD Control Center immediately of any
apparent non-Contractor related spills and/or any abnormal conditions
8.5
CCTV Inspection Report and Video Recording
Upon completion of the video inspection, the Contractor shall provide EOCWD
with all original recordings and an Inspection Report in an electronic format that
coordinates with SEDARU:






Brief summary of the work performed
PACP quick rating summary list of all pipeline segments inspected (i.e.
manhole to manhole). To include QSR, QMR, SPR, MPR, OPR, SPRI, MPRI,
and OPRI
Inspection reports (log sheets) of each segment
Photographs of major defects for each pipeline segment (in JPEG format).
Sewer maps and plans provided by EOCWD to the Contractor for purposes
of the inspection
Electronic files of inspection data (refer to Attachment I, IT Datacode
Requirements)
NOTE – All manhole numbers used in the inspection report, data files,
photos and video clips will be CMMS manhole identification numbers,
provided by EOCWD.
Minimum documentation shall consist of the video recording(s) and the CCTV
inspection report. The inspection report for each segment shall be as specified
above, in Wincan format Version 8. Log sheets to be Wincan customized for
EOCWD and shall contain the following as directed by EOCWD:
1.
2.
3.
4.
5.
6.
ATTACHMENT A
Agency project or Contract number
CCTV date
CCTV time
Weather condition
Contractor name
EOCWD work order number
Page 10 of 14
Specification No. S-2012-548
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
25.
26.
27.
29.
30.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
Operator(s) name and PACP certificate number
Street name or location
Cross street name or location
Surface material (asphalt, concrete, dirt, etc.)
Sewer atlas sheet and grid number
Manhole number (access point) – up stream
Manhole number (access point) – down stream
Map sheet and grid #
Manhole depth – up stream
Manhole depth – down stream
Basin or Area (Service Area)
Direction of camera
Pipe – size
Pipe – shape
Pipe – material (and coating, if applicable)
Pipe – age
Pipe – slope
Pipe – footage centerlines (on plan or map, if available)
Pipe – footage centerlines (on CCTV)
Pipe – Water level listed as a percentage of pipe diameter
Pipe – joint length in feet
DVD number
Observation descriptions
Schematic of pipeline showing laterals and observations and footage
Clock position of noted observations
Photographs of major defects or typical pipe condition
Notice of severely worn manhole covers
Notice of severely deteriorated manhole concrete structures
Notice of severely deteriorated manhole liners or coatings
Sewer pre-cleaned prior to inspection? Yes or no
Purpose of survey
PACP pipe ratings to include QSR, QMR, SPR, MPR, OPR, SPRI, MPRI,
and OPRI.
Voice recordings shall be clear, complete and distinct. The audio description
shall be made on a real time basis and not in any voice over manner after the
video image is recorded.
A vocal description shall be recorded at the beginning of each inspection while
the “Initial Screen Text” is displayed. A voice recording shall also be performed
during each observation and at the conclusion of each inspection. Poor quality
audio including: skipping, unintelligible reporting, inappropriate language or idle
chatter are not acceptable and shall be grounds for rejection for that
reach/segment. If rejected, the non-conforming inspection(s) shall be corrected to
comply at no cost to EOCWD.
Color video recordings of the data on the television monitor shall be made by the
Contractor, copies of which, on DVD will be provided to EOCWD. DVD’s will be
new, previously unused units. Mechanisms for preventing accidental erasure
from the medium shall be in place before submittal. Title to the DVD will remain
with EOCWD. The Contractor shall have all recordings and necessary playback
ATTACHMENT A
Page 11 of 14
Specification No. S-2012-548
equipment readily accessible for review by EOCWD’s representative during the
term of the contract.
8.5.1
Initial Screen Text
The initial screen text display must take place while the camera is not in
motion. Each pipe segment (manhole to manhole) shall be identified with
an initial screen text and voice recording and shall include the following
as directed by EOCWD:
Line 1: EOCWD
Line 2: “WORK ORDER”, “PROJECT”, “PURCHASE ORDER” followed
by its associated number.
Line 3: Date
Line 4: Time
Line 5: Weather
Line 6: Contractor name
Line 7: Contractor operator name(s) and PACP certification number
Line 8: Street/location name
Line 9: Start manhole
Line 10: End manhole
Line 11: Direction of survey (downstream/with flow or upstream/against
flow)
Line 12: Pipe diameter as specified on plans
Line 13: Pipe material(s) – as specified on plans
Line 14: Pipe footage – as specified on plans
8.5.2
Running Screen Text
During the CCTV inspection, the running screen shall show the following
information in the top section of the screen:
Line 1: Date and time
Line 2: Starting manhole, pipe length (as specified on plans) and
ending manhole.
Line 3: Direction of survey (downstream/with flow or
upstream/against flow)
And, the following information on the bottom section of the screen
Pipe size, pipe material and running length
The format of the above text information shall be as shown in the
following example:
2012/05/07
Start: SUN0315-3535
Direction: DOWNSTREAM
8”
ATTACHMENT A
107.8’
8:53 A.M.
End: SUN0315-3530
VCP
Page 12 of 14
42.5’
Specification No. S-2012-548
8.5.3
Observation Screen Text
The video shall display the same information as the running screen (see
8.5.2 above) with the addition of the following information in the middle of
the screen: following information on the screen when an observation is
recorded. In the top section of the screen:
Observation Code – Observation Text Description
The format of the above text information shall be as shown in the
following example:
2012/05/07
Start: SUN0315-3535
Direction: DOWNSTREAM
107.8’
8:53 A.M.
End: SUN0315-3530
RBC – Roots ball connection, at 10 o’clock, within 8-inch: YES
8”
8.5.4
VCP
42.5’
Ending Screen Text
At the end of each pipe segment, an ending screen text and voice
recording shall include the following:
1. “End of segment inspection”
2. Condition that prevented complete inspection, if applicable
An EOCWD representative shall review and approve the screen layout
prior to the first inspection on this contract. The display on the screen
shall be temporarily moved or turned off as required to obtain the highest
quality documentation on the pipeline defects.
8.5.5
CCTV Recording Labels
Each CCTV digital recording may contain one or more pipe segments.
The DVDs shall have the “top” label affixed to the outside of the DVD
case. The top label shall contain the following text information:
ATTACHMENT A
Page 13 of 14
Specification No. S-2012-548
1. EOCWD Work Order Number
2. EOCWD Contract number or name
3. Summary of pipeline segment(s) each listing shall show:
 Manhole number – start
 Manhole number – end
 Pipe size
 Pipe material
 Lengths: plan & CCTV
 DVD number
 Dates of CCTV
 Contractor name
9.
Electronic Data File Requirements
Contractor shall provide the following files to EOCWD for each segment
inspected:
1. CCTV Data Table
2. CCTV Observation Listing
Files shall be EOCWD standard format tables for use with EOCWD’s SEDARU
SEWER. Required data and codes are included in Attachment I, IT Datacode
Requirements, and shall be comma-separated values in an ASCII file. Data shall be
provided on CD and electronic file format. Note that EOCWD SEDARU software has its
own pipe observation codes. These codes shall be used in the electronic data
submittal. Contractor shall provide dummy files to EOCWD prior to inspection for
format translation verification. Files not meeting the required format will be returned to
the Contractor for correction. EOCWD will not provide any data reformatting services.
10.
Quality Assurance/Submittals
Contractor shall review inspection package and correct any errors prior to submittal to
EOCWD. Errors discovered by EOCWD staff will result in the return of the inspection
submittal to the contractor for correction before payments will be processed. Frequent
returns for correction may be cause for cancellation of the contract. Inspection submittals
shall be delivered to EOCWD within one week of completion of the inspection. Frequent
delays in deliverables may be cause for cancellation of the contract.
11.
EOCWD Equipment and Labor – EOCWD equipment and labor, except for
EOCWD’s representative to monitor the work, shall not be utilized at any time.
12.
Resealing Manhole Covers – Contractor shall reseal all manholes with duct seal Cal
Pico #CD-5, or equal, within 24 hours after work is completed. EOCWD shall provide the
contractor with the sealing material. Work area around the manhole is to be swept clean
of all debris.
ATTACHMENT A
Page 14 of 14
Specification No. S-2012-548
Exhibit B
Hoffman Southwest Corp. dba
Professional Pipe Services [Pro-Pipe]
249 S. Paseo Tesoro, Walnut CA 91799
CA License #761395 (A, C36, C42)
O: 909 598 9746 | F: 909 598 9756
Jeff Garcia | M: 626-893-9543
Quote # CA : 71216
CA Registration 1000000081
PROPOSAL SUBMITTED TO:
East Orange County Water District
STREET (Business address)
185 North McPherson Road
CITY, STATE AND ZIP CODE
Orange, CA 92869
CONTACT NAME
EMAIL
[email protected]
Nick Arhontes
[email protected] | pro-pipe.com
Page 1 of 1
ITEM
1
DATE
PHONE
7/12/2016
714-538-5815
JOB / PROJECT NAME
Panoramo CCTV Inspection of Small Diameter Sewer Lines
JOB LOCATION
Orange, CA (and surrounding area)
Prevailing Wage Rates
DESCRIPTION
Using the Hi-Definition IBAK Panoramo system
Inspect approximately 131,245 lf of sewer lines
over a 12 month period. Provide digital submittals
including videos, databases, pictures, and reports
in the agreed upon format/Sedaru compatible
Price includes full coding in NASSCO PACP format.
QTY
UNIT
PRICE
TOTAL
131,245
LF
$0.75
$98,433.75
$98,433.75
GRAND TOTAL:
EXCLUSIONS ( any qualifications to exclusions are in parenthesis )
1
2
3
4
5
6
7
8
9
10
Bypass pumping and operating pump stations
Environmental/erosion control
Permits, licenses and performance bonds
Excavation of any kind
Access- (Owner shall provide adequate access)
Additional mobilizations- (proposal is based upon 1 instance of mobilization for the above services)
Heavy traffic control (light traffic control is included) that is a result of a needed permit (Quoted per occasion)
Cleaning of sewer lines
Exposing buried manholes
WE PROPOSE hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of:
Payment terms:
Dollars:
30 Days of Invoice
This proposal shall be incorporated into the service contract when
$98,433.75
Pro Pipe is listed as a subcontractor.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from
above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements
are contingent upon strikes, accidents, or delays beyond our control. Owner & Professional Pipe Services to carry general liability, workman’s compensation fund
and other necessary insurance. Maximum allowable interest charge on overdue invoices.
Professional Pipe Services Authorized Signature:
This proposal may be withdrawn by us if not accepted within 30 days.
ACCEPTANCE OF PROPOSAL :
The above prices, specifications and conditions are satisfactory and are hereby acceptedYou are authorized to do the work as specified.
Requests for additional services beyond the above outlined scopewill be submitted by written change order and payment thereof made accordingly.
Date
Customer Signature
Print name/Title
MEMO
TO:
BOARD OF DIRECTORS
FROM:
GENERAL MANAGER
SUBJECT: IMPROVEMENT DISTRICT 1 – ROOT CONTROL
DATE:
JULY 21, 2016
BACKGROUND
Root intrusion into the sanitary sewer system often leads to the collection of grease and debris.
This in turn can lead to accumulations and blockages of sewerage which often result in sanitary sewer
overflows. As trees and foliage grow, roots seek water sources and penetrate loose-fitting joints of brick
manholes and older, clay sewer mains and service lines. Often, the connection point between the
service line and the main is also in poor condition, providing another location for root intrusion. The
older the area and more mature the trees, the more extensive are the problems of root growth in sewer
lines.
OCSD contracted for chemical control of root intrusion in the former Service Area 7. This widely
accepted industry practice utilizes herbicide-based chemicals to kill the roots in and around the pipe. It
involves applying herbicide solution/foam that that is drawn up into the roots penetrating the sewer
system. Uptake from the roots carries the herbicide to areas just outside the pipe, but has no effect on
the foliage itself. The roots are killed and the herbicide discourages the root from regrowth towards the
sewer main. The application through a foam-applying nozzle is non-intrusive and can be done with no
bypassing of sewage. The herbicide is drawn up into the roots and over a period of 4-6 months, the
roots will die and fall into the sewage flow. The chemicals used are formulated to have no detrimental
effect on the biology of the waste in the sewers or at the treatment plant.
Attached is a budget-based contract with Duke’s Root Control for FY 16/17 with the option of
two one-year extensions. Similar to the other contracts, these are unit based services that are billed at
actual quantities based upon the bid amounts submitted by the Contractor. EOCWD was able to, like
OCSD, use the City of Los Angeles bid pricing they obtained when they went through the bidding
process.
It should be noted that root foam is augmented by root cutting by Performance Pipeline
Technologies during the annual sewer cleaning. Root foaming is geared toward smaller diameter
pipelines, pipelines that have been lined and are no longer candidates for root cutting (it will cut the
liner).
FINANCIAL IMPACT
Funding for line cleaning has been included in the ID1 Operating Budget Account #5171-30.
RECOMMENDATION
The Board approve a contract with Dukes Root Control for a budgeted amount of $30,000 for
annual chemical root control services for FY 16/17, with the option of two, one-year renewals.
EAST ORANGE COUNTY WATER DISTRICT
AGREEMENT FOR ANNUAL CHEMICAL ROOT CONTROL SERVICES
THIS AGREEMENT is made and entered into this 21st day of July, 2016, by and
between East Orange County Water District, a county water district formed and existing pursuant
to Water Code Section 30000 et. seq.(“Owner”) and Duke’s Root Control Services
(“Contractor”);
W I T N E S S E T H;
Owner and Contractor, for the consideration stated herein, agree as follows:
1)
Work
A. Contractor shall perform everything required to be performed and shall provide all
labor, materials, tools, expendable equipment, supplies, utilities and transportation services
required to provide chemical root control to the local sewer system located in Improvement
District 1 of the Owner’s service area. Said work shall be conducted in accordance with the
attached Scope of Work supplied by Owner and which is by this reference incorporated herein.
B. All labor, tools, services, material and equipment shall be furnished and the work
performed and completed under the inspection and subject to approval of Owner or its authorized
representative.
C. Contractor will be responsible for keeping itself informed of and complying with all
laws, ordinances and regulations applicable to the work, including, but not limited to, those
pertaining to safety.
D. The provisions of this Agreement are standard and shall govern the work to the extent
they are applicable.
E. If a schedule of work items includes alternative bid items that may be added to
(“additive items”) or deducted from (“deductive items”) the bids (collectively, “Alternative Bid
Items”), the lowest responsible bidder will be determined from the total of the base bid for the
schedule and all Alternative Bid Items.
F. No bid will be accepted from a bidder who is not a licensed contractor in the State of
California for the contracting class indicated in the invitation or request for proposals.
1
2)
Contract Budget
Owner establishes a not-to-exceed budget of $30,000 for this work. Contractor will
submit monthly invoices listing the actual work completed, quantity and pricing pursuant to the
Bid submitted as Exhibit A. Monthly progress payments shall be made on the basis of work
completed. EOCWD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
3)
Changes
A. Owner may require changes in, additions to, or deductions from the work.
Adjustments, if any, in the Contract Price by reason of any such change, addition, or deduction
shall be determined as follows:
Extra work done by Contractor at the direction of Owner shall be on a time and expense
basis. Payment to Contractor for extra work performed on a time and expense basis shall consist
of the actual necessary expense for extra work, plus an allowance of fifteen (15%) percent of
labor, material and equipment rental for overhead, general superintendence and profit, plus (1%)
percent for bonds. This basis of payment applies to work done directly by Contractor and to
work done by a subcontractor except the fifteen percent (15%) allowance for overhead,
superintendence and profit shall not apply to work performed by a subcontractor. Owner may,
by written order to Contractor, delete work, equipment, and material to be provided under this
Agreement and the value of the deleted work, equipment, and material will be deducted from the
contract price. The deducted value will be a lump sum or unit price agreed upon in writing by
Contractor and Owner based on breakdown and cost information submitted by Contractor.
Without making an adjustment of the Contract Price or time for completion, Owner may order
minor changes in the work not inconsistent with the purposes for which the work is being
constructed. If Contractor believes that any order for minor changes in the work involves
changes in the Contract Price or time for completion, Contractor shall proceed with the minor
changes so ordered and shall within ten (10) days of the receipt of such order notify Owner in
writing of his estimate of the changes in the contract amount and time for completion he believes
to be appropriate.
B. No payment for changes in the work will be made and no change in the time for
completion by reason of changes in the work will be made, unless the changes are covered by a
written change order approved by the Owner in advance of Contractor's proceeding with the
changed work.
4)
Contract Term
The Services provided under this contract are made and entered into to be effective
August 1, 2016 and terminate June 30, 2017. EOCWD may exercise the option to renew the
Contract for up to two (2) one-year periods based upon the criteria set forth in the Scope of Work
and Exhibits A if mutually acceptable contract terms can be negotiated. EOCWD shall make no
obligation to renew nor give reason if it elects not to renew.
2
5)
Indemnification
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless
Owner, Owner’s representative, and Owner’s engineers and architects, and each of their
directors, officers, agents and employees from and against all claims, damages, losses, expenses,
and other costs, including but not limited to costs of defense and attorneys’ fees, arising out of or
resulting from or in connection with the performance of the Work, provided that any of the
foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of
Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder. However, to the extent that liability is caused
by the active negligence or willful misconduct of a party indemnified hereunder, Contractor’s
indemnification obligation shall be reduced in proportion to the indemnified party’s share of
liability for its active negligence or willful misconduct, if any, but the acceptance or approval of
Contractor’s work by Owner or any other indemnified party shall not reduce Contractor’s
indemnification obligation. Such obligation shall not be construed to negate, abridge, or
otherwise reduce any other right or obligation of indemnity which would otherwise exist as to
any party or person described in this paragraph. Such obligation shall not extend to the liability
of Owner, Owner’s representative, or Owner’s engineers, architects, officers or employees
arising out of or resulting from or in connection with the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, provided the foregoing was the
sole and exclusive cause of the loss, damage or injury. Contractor shall also indemnify and hold
harmless Owner, Owner’s representative, and Owner’s engineers and architects, and each of
their directors, officers, agents and employees from and against all claims, damages (including
damage to the Work itself), losses, expenses, and other costs, including but not limited to costs of
defense and attorneys’ fees, which any of them may incur with respect to the failure, neglect or
refusal of Contractor to faithfully perform the work and all of Contractor’s obligations under the
Agreement. Such costs, expenses, and damages shall include all costs, including attorneys' fees,
incurred by the indemnified parties in any lawsuit to which they are a party, and/or in defending
against any claims or stop notices. In any and all claims against the indemnified parties by any
employee of Contractor, any subcontractor, any supplier, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, the indemnification
obligation under this paragraph shall not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by or for Contractor, or any
subcontractor, or any supplier or other person under workers compensation acts, disability
benefit acts, or other employee acts.
6)
Time For Completion
Contractor agrees to commence the work provided for herein within a reasonable period
of time after a work order has been received by Contractor, and to proceed to diligently pursue
the work to completion.
3
7)
Listing of Subcontractors
Contractor agrees that except to the extent that subcontractors were set forth in its bid,
that all work in excess of one-half of one percent shall be performed by Contractor. It is agreed
and acknowledged that should Contractor fail to conform hereto or with any of the requirements
of Section 4100 through and inclusive of Section 4114 of the Public Contract Code, Contractor
shall be subject to the requirements and penalties of Section 4106 of the Public Contract Code.
8)
Insurance
Contractor shall not commence any work on this project until Contractor has obtained all
insurance required herein. Contractor shall not permit any subcontractor to commence work on
this project until the same insurance requirements have been complied with by such
subcontractor. Contractor shall take out and maintain at all times during the performance of this
Agreement the following policies of insurance:
A.
Public Liability and Property Damage Insurance: Contractor shall carry and
maintain insurance coverage for public liability and property damage on account of
bodily injuries, including death resulting therefore, in the sum of not less than $1,000,000
for one person and $2,000,000 for more than one person, and property damage in the sum
of not less than $1,000,000 resulting from any one accident which may arise from the
operation of Contractor in the performance of the work that is provided for herein.
Owner, its officers, agents and employees shall be designated as additional insureds.
Contractor shall provide certification and endorsement of the above-listed
insurance coverages on Owner’s forms of Certificate of Insurance and Insurance
Endorsement for Comprehensive or Commercial General Liability, Exhibit “B” attached
to and incorporated herein.
B.
Motor Vehicle Public Liability and Property Damage Insurance: Contractor shall
carry and maintain a motor vehicle public liability and property damage insurance
covering each automobile, truck, and other vehicle used in the performance of this
Agreement, in an amount of not less than $1,000,000 for one person and $2,000,000 for
more than one person and property damage in the sum of not less than $1,000,000
resulting from any one accident which may arise from the operation of Contractor in the
performance of the work that is provided herein.
Insurers shall have financial and size ratings of at least an "A", VIII in accordance
with the most current Best's Key Rating Guide, Property Casualty. Contractor shall
provide certification and endorsement of the above-listed insurance coverages on
Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Comprehensive or Commercial General Liability, Exhibit “B” attached to and
incorporated herein.
4
C.
Workers Compensation Insurance and Employers Liability Insurance: Contractor
shall carry and maintain workers compensation insurance in not less than the statutory
limit and employers liability insurance in an amount of not less than: $1,000,000 each
accident, $1,000,000 each disease - policy limit, and $1,000,000 each disease - each
employee.
Contractor shall provide certification and endorsement of the above-listed insurance
coverages on Owner’s forms of Certificate of Insurance and Insurance Endorsement for
Workers’ Compensation and Employers’ Liability, Exhibit “C” attached to and incorporated
herein. Contractor shall also complete and sign the Certificate Regarding Workers’
Compensation, Exhibit “D” attached to and incorporated herein.
Nothing contained in the foregoing insurance requirements is to be construed as limiting
the extent of the liability of Contractor or Contractor’s sureties.
9)
Bonds
If the above-stated Contract Price is greater than $25,000.00, then before commencing
performance of the work contracted for hereunder, Contractor shall furnish a payment bond
approved by Owner as required by Section 9550 of Civil Code, in an amount not less than one
hundred (100%) percent of the sum payable hereunder, and Contractor shall also furnish a
faithful performance bond approved by Owner in the amount of one hundred (100%) percent of
the sum payable hereunder. Said bonds shall be secured from a surety company satisfactory to
Owner and who is authorized to transact business in this State. Contractor shall use Owner’s
form for the payment bond, Exhibit “E” and performance bond, Exhibit “F” attached to and
incorporated herein. A certified power of attorney must be attached to each bond. Said bonds
shall continue in full force and effect for the guarantee period. All alterations, time extensions,
extra and additional work, and other changes authorized by the specifications, or any part of this
Agreement, may be made without securing consent of the surety or sureties on the contract
bonds.
10)
Arbitration
Should any dispute arise under the provisions of this Agreement, Owner may direct
Contractor to proceed with the Work. Except to the extent otherwise provided in Section 22,
payment shall be as later determined by arbitration in accordance with the rules of the American
Arbitration Association (AAA) and judgment upon the award shall be entered in any court
having jurisdiction thereof. Although such work shall not be construed as being commenced
under extra work provisions, Contractor shall keep and furnish records of all disputed work.
11)
Guarantees
Besides guarantees required elsewhere, Contractor shall and hereby does guarantee all
5
Work for a period of two years after the date of acceptance of the Work by Owner and shall
repair and replace any and all such Work, together with any other Work which may be displaced
in so doing, that may prove defective in workmanship and/or materials within the two-year
period from date of acceptance, without expense whatsoever to Owner, ordinary wear and tear
and unusual abuse or neglect excepted. In the event of Contractor’s failure to comply with the
above mentioned guarantee within seven (7) days after being notified in writing, Owner is
hereby authorized to proceed to have the defects repaired and made good at the expense of
Contractor who hereby agrees to pay the cost and charges therefor, immediately on demand.
Contractor’s guarantee is in addition to any and all manufacturer’s guarantees and warranties,
both express and implied. The faithful performance bond and the payment bond shall continue
in full force and effect for the entire guarantee period. If, in the opinion of Owner, defective
work creates a dangerous condition or requires immediate correction or attention to prevent
further loss to Owner or to prevent interruption of operations of Owner, Owner will attempt to
give the notice required by this section. If Contractor cannot be contacted or does not comply
with Owner’s request for correction within a reasonable time as determined by Owner, Owner
may, notwithstanding the provisions of this Section, proceed to make such correction or provide
such attention; and the costs of such correction or attention shall be charged against Contractor.
Such action by Owner will not relieve Contractor of the guarantee provided in this section or
elsewhere in this Agreement.
12)
Progress Payments
A. The following is a summary of the provisions of Article 1.7 of Chapter 1 of Part 3 of
Division 2 (commencing with Section 20104.50) of the Public Contract Code, regarding progress
payments, and is subject to the actual provisions of that statute.
B. If Owner fails to make any progress payment within thirty (30) days after receipt of
an undisputed and properly submitted Progress Payment Request from Contractor, Owner shall
pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of Section
685.010 of the Civil Code of Procedure.
C. Upon receipt of a Progress Payment Request, Owner shall act in accordance with both
of the following:
1. Each payment request shall be reviewed by Owner as soon as practicable after receipt
for the purpose of determining that the payment request is a proper payment request.
2. Any payment request determined not to be a proper payment request suitable for
payment shall be returned to Contractor as soon as practicable, but not later than seven (7) days
after receipt. A request returned pursuant to this paragraph shall be accompanied by a document
setting forth in writing why the payment request is not proper.
D. The number of days available to Owner to make a payment without incurring interest
pursuant to subparagraph B shall be reduced by the number of days by which Owner exceeds the
seven (7) day return requirement set forth in subparagraph B.
6
E. For purposes of this Article, a “progress payment” includes all payments due
Contractor, except that portion of the final payment designated under this Agreement as
retention.
13)
Progress Payment Retention
A. Owner shall retain five (5) percent of each progress payment as part security for
fulfillment of the Contract by Contractor and shall pay to Contractor the balance of the progress
payment after deducting all previous payments and all sums to be kept or retained under the
terms of the Contract. At any time after fifty (50) percent of the Work has been satisfactorily
completed and if Owner determines that aggressive progress will continue to a timely completion
of the Work, Owner may pay any of the remaining progress payments in full for actual Work
completed. Regardless of whether Owner has made any progress payments in full, in the event
that subsequent to such determination Contractor fails to maintain progress in accordance with
the applicable schedule, retention at a rate of five (5) percent will be held from the amount due
Contractor for the period that progress was not maintained and from each succeeding month until
progress is sufficient to be on schedule.
B. The retention payment shall not be due and payable until the expiration of thirty-five
(35) days from the date of Owner’s recording of a Notice of Completion of the Work in the
office of the County Recorder.
14)
Final Payment
When the work has been completed to the satisfaction of Owner’s representative, he shall
make a final estimate of the total amount of work done thereunder and the amount to be paid
therefor, under the terms of this Agreement. If Owner finds the work has been completed
according to the terms of this Agreement, he shall accept the work, shall file a notice of
completion, and shall pay the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be retained under the provisions of this Agreement. All
prior progress estimates and payments shall be subject to correction in the final estimate and
payment. It is mutually agreed between the parties to this Agreement that no certificate given or
payment made under this Agreement shall be conclusive evidence of performance of this
Agreement and no payment shall be construed to be an acceptance of any defective work or
improper materials. Contractor further agrees that the payment of the final amount due under
this Agreement shall release Owner, Owner’s representative, engineers and architects, and each
of their officers, employees and agents from any and all claims or liability arising out of this
Agreement related to the amount paid.
15)
California Department of Industrial Relations (DIR) Registration
Contractor shall comply with the registration requirements of Labor Code Section
1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring
by the California Department of Industrial Relations.
7
16)
Labor
A. Under the provisions of the California Labor Code, the Director of the Department of
Industrial Relations has determined the prevailing rate of wages for the locality in which the
Work is to be performed and Owner has adopted said prevailing rate of wages. A copy of these
prevailing rates is on file at the office of Owner and shall be made available to any interested
party on request. A copy of such prevailing wage rates shall be posted on the jobsite by
Contractor.
B. Contractor and any Subcontractor under them shall comply with the requirements of
Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Willful
violations of Section 1777.5 will result in forfeiture of $100 for each calendar day of
noncompliance, or up to $300 for each calendar day of noncompliance for second and
subsequent violations within a three-year period that result in apprenticeship training not being
provided as required by the Labor Code, and may also result in debarment sanctions in the case
of violations, as determined by the Labor Commissioner pursuant to Section 1777.7. Section
1777.7 also imposes requirements that, if not observed by Contractor, will result in Contractor’s
liability for Subcontractor violations of Section 1777.5
C. Contractor shall comply with Labor Code Section 1775. In accordance with said
Section 1775, Contractor shall forfeit as a penalty to Owner, up to two hundred dollars ($200), as
determined by the Labor Commissioner, for each calendar day or portion of a day for each
worker paid less than the stipulated prevailing rates for such work or craft in which such worker
is employed for any work done under the contract by them or, except as provided by the Labor
Code, by any subcontractor under them in violation of the provisions of the Labor Code, and in
particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant
to Section 1775, the difference between the stipulated prevailing wage rates and the amount paid
to each worker for each calendar day or portion of a day for which each worker was paid less
than the stipulated prevailing wage rate shall be paid to each worker by Contractor.
D. Contractor shall forfeit as a penalty to Owner $25 for each worker employed in the
execution of the Work by Contractor or any Subcontractor under them for each calendar day
during which such worker is required or permitted to work more than eight (8) hours in any one
(1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions
of the Labor Code, in particular, Section 1810 to Section 1815 thereof, inclusive, except that
work performed by employees of Contractor in excess of eight (8) hours per day and forty (40)
hours during any one (1) week shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day and not less than one and one half (1 ½) times the basic rate of
pay as provided in said Section 1815.
E. Contractor and each of their subcontractors shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by them in connection with the
8
Work. The records shall be on forms provided by the Division of Labor Standards Enforcement
or forms with the same information as required by the Division's form. The records may consist
of printouts of payroll data maintained as computer records, if the printouts contain the same
information as the forms provided by the Division of Labor Standards and are verified as
required under this paragraph. Each payroll record shall contain or be verified by a written
declaration that is made under penalty of perjury, stating that (1) the information contained in the
payroll record is true and correct, and (2) Contractor (or the subcontractor, as the case may be)
has complied with the requirements of Sections 1771, 1811, and 1815 of the Labor Code for any
of the work performed by their employees. The payroll records shall be submitted monthly to
Owner and shall be available for inspection at all reasonable hours at the principal office of
Contractor (or the subcontractor, as the case may be) to the employee or their authorized
representative on request to the Division of Labor Standards Enforcement on request, and the
public, provided that request by the public must be made through Owner or the Division of
Labor Standards Enforcement in accordance with the requirements of Labor Code Section 1776.
Copies shall be provided to the requesting agency within ten (10) days after receipt of written
request. Any copy of a payroll record made available to the public or any public agency by
Owner shall be marked or obliterated to prevent disclosure of individual workers’ names,
addresses, and social security numbers. Contractor shall inform Owner of the location address of
payroll records of Contractor and each subcontractor and notify Owner of a change in any such
location within five (5) working days. In the event Contractor or a subcontractor fails to comply
with the above-specified 10-day period, Contractor or the subcontractor shall forfeit as a penalty
to Owner one hundred dollars ($100) for each calendar day or portion of a day for each worker
until strict compliance is effectuated. Contractor is not subject to a penalty under this section
due to the failure of a subcontractor to comply with this section.
17)
Audit
A. Pursuant to California Government Code Section 8546.7, this Contract, and
CONTRACTOR and DISTRICT as the contracting parties, are subject to the examination and
audit of the State Auditor, at the request of Owner or as part of any audit of Owner, for a period
of three years after final payment under the Contract.
18)
Utilities
A. Pursuant to Section 4215 of the Government Code, Owner has the responsibility to
identify, with reasonable accuracy, main or trunk line facilities on the plans and specifications.
In the event that main or trunk line utility facilities are not identified with reasonable accuracy in
the contract documents, Owner shall assume the responsibility for their timely removal,
relocation, or protection.
B. No later than two (2) days in advance of the work, Contractor shall expose all known
main and trunk line crossings in the immediate area in order to provide for grade and alignment
adjustments, if necessary.
9
C. Contractor shall be compensated by Owner for the costs of locating, repairing damage
not due to the failure of Contractor to exercise reasonable care, and removing, relocating,
protecting, or temporarily maintaining such main or trunk line utility facilities not indicated with
reasonable accuracy in the plans and specifications, and for equipment in the project necessarily
idled during such work. In this regard, Contractor will be required to perform such work in
accordance with Section 3. Alternatively, Owner may make changes in the alignment and grade
of the Work to obviate the necessity to remove, relocate, or temporarily maintain the utility, or
Owner may make arrangements with the owner of the utility for such work to be done at no cost
to Contractor.
D. When it is necessary to remove, relocate or temporarily maintain a service
connection, the cost of which is not required to be borne by the owner, Contractor shall bear all
expenses incidental to work on the service connection. The work on the service connection shall
be done in a manner satisfactory to the owner; it being understood that the owner of the service
connection has the option of doing such work with their own forces or permitting the work to be
done by Contractor.
E. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which in the position shown on the plans, the cost of which is not required to be borne by the
owner, Contractor shall bear all expenses incidental to the work on the utility. The work on the
utility shall be done in a manner satisfactory to the owner; it being understood that the owner of
the utility has the option of doing such Work with their own forces or permitting the work to be
done by Contractor.
F. When it is necessary to remove, relocate or temporarily maintain a utility or structure
which is not shown on the plans or in a position different from that shown on the plans and were
it in the position shown on the plans would not need to removed, relocated, or temporarily
maintained and the cost of which is not required to be borne by the owner, Owner will make
arrangements with the owner of the utility for such work to be done at no cost to Contractor, or
will require Contractor to do such work or will make changes in the alignment and grade of the
work to obviate the necessity to remove, relocate, or temporarily maintain the utility. All work
or changes in alignment and grade will be ordered in accordance with Section 3.
G. No representations are made that the obligations to move or temporarily maintain any
utility or structure and to pay the associated cost is or is not required to be borne by the owner of
such utility, and it shall be the responsibility of Contractor to investigate to find out whether or
not this cost is required to be borne by the owner of the utility.
H. The right is reserved for governmental agencies and owners of utilities to enter at any
time upon any street, alley, right way, or easement for the purpose of making changes in their
property made necessary by the Work and for the purpose of maintaining and making repairs to
their property.
20)
Excavation Plans for Worker Protection; Trenches and Excavations
10
A. Contractor shall submit to Owner for acceptance, in advance of excavation, a detailed
plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker
protection from the hazard of caving ground during the excavation of any trench or trenches five
(5) feet or more in depth. The plan shall be prepared specifically for the work by a registered
civil or structural engineer who is licensed by the State of California. The plan shall be in an
original format, not a reproduced copy, and shall include the engineer's original signature and
seal. As a part of the plan, a note shall be included stating that the registered civil or structural
engineer certifies that the plan complies with the CAL OSHA Construction Safety Orders, or
stating that the registered civil or structural engineer certifies that the plan is not less effective
than the shoring, bracing, sloping or other provisions of the safety orders.
B. All shoring submittals shall include surcharge loads from adjacent embankments,
construction loads and spoil bank. The submittal shall include the minimum horizontal distance
from the top of trench to the edge of surcharge loads for all cases of shoring and side slopes.
C. The detailed plans showing the design of shoring, etc., which Contractor is required to
submit to Owner for acceptance in advance of excavation will not be accepted if the plan is
based on subsurface conditions which are more favorable than those revealed by investigations
made by Owner or the Engineer or their consultants; nor will the plan be accepted if it is based
on soils related design criteria that are less restrictive than the criteria set forth in the report of the
investigations of subsurface conditions.
D. Nothing contained in this paragraph shall be construed as relieving Contractor of the
full responsibility for providing shoring, bracing, sloping, or the other provisions which are
adequate for worker protection.
E. If the Contract involves digging trenches or other excavations the following
paragraphs of this Section shall apply.
F. If asbestos or materials containing asbestos, petroleum or petroleum products,
hazardous material or waste, or radioactive material is generated, uncovered, or revealed and is
not shown or indicated in contract documents to be within the scope of the work, Contractor
shall immediately: (i) stop all Work in connection with such hazardous condition and in any area
affected thereby (except in an emergency affecting the safety or protection of persons or the
Work or property at or adjacent to the site), and (ii) Contractor shall promptly, and before the
following conditions are disturbed, notify Owner, in writing, of any:
(1) Material that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class
II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by
information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially
11
from those ordinarily encountered and generally recognized as inherent in Work of the character
provided for in the Contract.
G. Owner shall promptly investigate the conditions, and if it finds that the conditions do
materially so differ, or do involve hazardous waste, and cause a decrease or increase in
Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a
change order under the procedures described in the Contract.
H. Subject to the following paragraph I, in the event that a dispute arises between Owner
and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a
decrease or increase in Contractor’s cost of, or time required for, performance of any part of the
work, Contractor shall not be excused from any scheduled completion date provided for by the
Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall
retain any and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
I. Contractor shall not be required to resume Work in connection with such hazardous
condition or in any such affected area until after Owner has obtained any required permits related
thereto and delivered to Contractor special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any
special conditions under which such Work may be resumed safely
21)
Quality of Materials and Equipment; Substitutions
A. All equipment, materials, and supplies to be incorporated in the Work shall be new,
unless otherwise specified. When the quality of a material, process, or article is not specifically
set forth in the Plans and Specifications, the best available quality of the material, process or
article shall be provided.
B. Whenever materials or equipment are specified or described in the Plans or
Specifications by using the name of a proprietary item or the name of a particular supplier, the
naming of the item is intended to establish the type, function and quality required. Unless the
name is followed by words indicating that no substitution is permitted, the name shall be deemed
to be followed by the words "or approved equivalent" and materials or equipment of other
supplier