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