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HomeMy WebLinkAboutC-8279-5 - Agreement for Dry Weather Urban Runoff Discharge (Arches)AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE (ARCHES) THIS AGREEMENT ("Agreement") is made and entered into, to be effective the day of , 2021 (the "Effective Date"), by and between the ORANGE COUNTY SANITATION DISTRICT ("OCSD"), a county sanitation district and the CITY OF NEWPORT BEACH ("CITY"), a California municipal corporation and charter city. OCSD and CITY are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. Dry Weather Urban Runoff (defined below) is generated and is discharged from the Arches watershed that discharges into Lower Newport Bay adjacent to the Newport Boulevard Bridge. The two largest sub -drainage areas, depicted on Exhibit "A" ("Old Newport Boulevard - Drainage Area 1 ") and Exhibit "B" ("Hoag Road - Drainage Area 2"), account for about 90% of the drainage from the Arches watershed. Dry Weather Urban Runoff from these drainage areas enters Lower Newport Bay (commonly referred to as Newport Harbor), a regionally important recreational area where thousands of people visit every year and take part in various recreational activities, including swimming and boating. Environmental investigations conducted in Newport Bay have concluded that elevated levels of fecal indicator bacteria (FIB) at the outlet of the Arches drains pose an environmental threat to Water Contact Recreation (REC-1) beneficial uses. This area has been permanently posted for high FIB concentration since 1999 and is the last permanent posting remaining in Newport Bay. Since 2006, CITY has implemented a number of projects to reduce the levels of FIB in Lower Newport Bay with modest success. CITY now asserts that on the basis of the information currently available that it is economically, technically, and practically infeasible for the CITY to further reduce the discharge of bacteria -laden runoff from the sub -drainage areas to Lower Newport Bay, except by diversion to sanitary sewers. Therefore, CITY proposes to divert Dry Weather Urban Runoff from Old Newport Boulevard - Drainage Area 1 and Hoag Road - Drainage Area 2 (collectively the "Drainage Areas" as defined below) to the sanitary sewer system. This reduction of Dry Weather Urban Runoff is expected to eliminate dry weather anthropogenic sources of FIB that have contributed to recreational water contact closures. CITY has requested that OCSD accept the Dry Weather Urban Runoff generated from the Drainage Areas into OCSD's Sewerage System (defined below). B. CITY intends by this Agreement to undertake responsibility for: (1) the operation and maintenance of all facilities required for the collection, storage, monitoring, reporting, and discharge through a controlled rate (fed by pump and not by gravity), of Dry Weather Urban Runoff from the Drainage Areas to OCSD's Sewerage System; LEGAL02/3 981100 1 v 13 (2) compliance with all OCSD requirements relating to Dry Weather Urban Runoff generated, collected, and discharged through a controlled rate by CITY to OCSD's Sewerage System; and (3) all liability and damages associated with the Urban Runoff (as defined below) discharge from the Drainage Areas to OCSD's Sewerage System. C. CITY estimates that the volume of Dry Weather Urban Runoff generated, collected, and discharged through a controlled rate from the Drainage Areas to OCSD could be approximately 10,500 - 190,000 gallons per day, and the maximum flow rate of the discharge to OCSD's Sewerage System will not result in a surcharge of any local sewer and/or OCSD's Sewerage System. D. OCSD has available limited system capacity in its collection, treatment, and disposal facilities which will allow OCSD to accept certain Dry Weather Urban Runoff without adversely affecting OCSD's primary function of collection, treatment, and disposal of sanitary sewer discharges. E. OCSD does not have system capacity available to allow urban runoff discharges to OCSD's facilities other than limited amounts of Dry Weather Urban Runoff. F. On March 28, 2001, OCSD established its Dry Weather Urban Runoff Policy by the adoption of Resolution No. OCSD 01-07. The policy was developed to address certain environmental concerns associated with Dry Weather Urban Runoff. G. On June 26, 2013, OCSD established a subsequent Dry Weather Urban Runoff Policy by the adoption of Resolution No. OCSD 13-09. Resolution No. OCSD 13-09 repealed Resolution No. OCSD 01-07 in its entirety. A copy of Resolution No. 13-09 is attached hereto as Exhibit "C" ("Dry Weather Urban Runoff Policy") AGREEMENT NOW, THEREFORE, OCSD and CITY agree as follows: 1.0 Terms and Definitions. As used in this Agreement, the following terms shall have the meanings set forth herein. 1.1 "Arches Diversion" or "Diversion" shall mean all portions and components of the system, including but not limited to the structure, facilities, pipelines, connections, screens, pumps, valves, controls and features necessary for operations utilized for the intake, collection and conveyance of DWUR, regardless of source or origin, from the Drainage Areas to OCSD's Sewerage System 1.2 "Drainage Areas" shall mean the area tributary to the Diversion, as shown in Exhibits "A" and "B." LEGAL02/3981 100 1 v 13 1.3 "Dry Weather" shall mean any period which does not fall within the definition of Wet Weather. 1.4 "Dry Weather Urban Runoff' ("DWUR") shall mean surface runoff, which is generated on, or in, or flows from the Drainage Areas during Dry Weather. 1.5 "Dry Weather Urban Runoff Program" shall mean the program implemented by OCSD to carry out OCSD's Dry Weather Urban Runoff Policy. 1.6 "Pollutants of Concern" shall mean pollutants identified on Exhibit "D" attached hereto and incorporated herein by reference, and as such list of pollutants may be periodically amended by OCSD in its sole discretion, which pollutants OCSD has determined, or in the future determines, are the subject of regulation or monitoring pursuant to the Dry Weather Urban Runoff Policy. 1.7 "Pollutant Violation" shall mean the discharge at any time of any Pollutant(s) of Concern, into the Sewerage System, which discharge is not in compliance with any condition, provision, or discharge limit set forth in the Wastewater Discharge Permit, OCSD's Ordinances, or this Agreement. 1.8 "Sewerage System" shall mean the Sewerage System operated and maintained by OCSD, including its collection, treatment, and disposal facilities and all additional similar facilities which may be installed, constructed, or otherwise acquired by OCSD subsequent to the date of this Agreement. 1.9 "Wastewater Discharge Permit" means the permit which OCSD intends to issue to CITY to authorize, under specified terms and conditions, the discharge of Dry Weather Urban Runoff to the Sewerage System, which permit, along with all other DWUR Requirements (as defined below), shall govern such discharge to the Sewerage System. 1.10 "Wet Weather" shall mean any period during which measurable rainfall, recorded by a source deemed reliable by the OCSD, occurs in any portion of OCSD's service area and shall include the period following the cessation of rainfall until OCSD determines that the wet weather event is no longer impacting OCSD's collection, treatment, and disposal facilities. 2.0 DWUR Requirements. OCSD will accept Dry Weather Urban Runoff from the Drainage Areas outlined in Exhibits "A" and T," provided that the discharge occurs in strict accordance with each of the following (collectively, the "DWUR Requirements"): (1) OCSD's Dry Weather Urban Runoff Policy (Resolution 13-09), as such policy may be amended from time to time in OCSD's sole discretion; (2) the Wastewater Discharge Permit, as such permit may be renewed or amended from time to time by OCSD in accordance with OCSD's Dry Weather Urban Runoff Policy; LEGAL02/39811001 v 13 (3) OCSD's Wastewater Discharge Regulations (OCSD-53) and other ordinances, as such regulations may be established or amended from time to time; (4) this Agreement; (5) any other applicable law, or regulations governing the collection, treatment, or disposal of runoff; and (6) any permits issued by regulatory agencies with jurisdiction over the runoff or the Sewerage System and operations. 3.0 Diversion Requirements. 3.1 CITY shall at all times operate and maintain the Diversion in accordance with the Arches Diversion Operation and Maintenance Manual, a copy of which shall be provided to and approved by OCSD prior to and as a condition of this Agreement becoming effective. The Diversion shall be capable of preventing all DWUR from the Drainage Areas from entering into the Sewerage System. The Diversion shall be equipped with a lockable shut off device, satisfactory to OCSD, and to which OCSD shall be provided access at all times. CITY shall be responsible for closing all Diversion valves necessary to prevent any discharge to the Sewerage System during both Wet Weather and Pollutant Violation events. OCSD shall notify CITY of the failure of CITY to prevent all discharges to the Sewerage System during any Wet Weather or Pollutant Violation event whereupon CITY shall immediately cease all discharge to the Sewerage System. In the event that the quality or quantity of the DWUR discharge to the Sewerage System does not meet the conditions, provisions, or limitations set forth in Ordinance No. OCSD-53, CITY shall take immediate action to commence correcting in a timely manner the problem(s) to ensure that full compliance is met. If CITY does not take immediate action to correct the problem(s) to OCSD's satisfaction in its sole discretion, OCSD shall have the right to immediately terminate the authorization for further Dry Weather Urban Runoff discharges by written notice to CITY. Additionally, and notwithstanding the foregoing, OCSD shall be immediately entitled to close the valves and shut off the flow to the Sewerage System (a) in the event that CITY fails to shut off the flow to the Sewerage System during any Wet Weather or Pollutant Violation event; (b) if deemed necessary in OCSD's sole discretion for the protection of OCSD's Sewerage System or groundwater; and/or (c) if OCSD determines, in its sole discretion, that the DWUR, alone or in conjunction with other discharges, is causing or threatening to cause a violation of OCSD's National Pollutant Discharge Elimination System permit or any other federal, state, or local regulatory permit or requirement. CITY shall have complete responsibility for the operation and maintenance of the Diversion with regards to the DWUR, and shall cover all costs associated therewith. The Parties acknowledge that OCSD is continuing to develop procedures for shutting off the discharge to OCSD's Sewerage System during Wet Weather events. CITY may provide suggestions to OCSD regarding such procedures, but the final determination of such procedures shall be made by OCSD. LEGAL02/3981100 1 v 13 3.2 CITY shall design the Diversion System to divert all Urban Runoff by pump, not by gravity flow, and include features to prevent debris from entering into OCSD's Sewerage System. 3.3 In conjunction with CITY's application for a Wastewater Discharge Permit pursuant to Section 4.0, CITY shall submit to OCSD the Arches Diversion Operation and Maintenance Manual. The manual must demonstrate to the reasonable satisfaction of OCSD that the DWUR (1) shall not, alone or in conjunction with other discharges to the Sewerage System, cause pass-through of debris, or interference with OCSD's Sewerage System; and (2) shall otherwise comply with all OCSD requirements applicable to the proposed discharge. 3.4 The Diversion shall include equipment, satisfactory to OCSD, capable of measuring and recording on a daily basis the DWUR flow discharged from the Diversion to the Sewerage System. At a minimum, the effluent flow meter shall accurately measure the flow to within ±5% of actual flow and be installed such that the component devices are accessible for reading, inspection, maintenance, and calibration. There shall be no material alteration or addition to the structure or manner of operation of the Diversion or its interface with the Sewerage System without prior written notice to and consent of OCSD. 3.5 The CITY shall conduct an in-situ hydraulic calibration for the effluent meter at each of the diversion locations in accordance with OCSD's effluent meter calibration requirements and submit a calibration report prior to commencing the authorized/permitted discharge of Urban Runoff to OCSD's Sewerage System. Following the commencement of discharge, CITY shall conduct annual in-situ calibrations of the effluent meters thereafter as specified by OCSD. 3.6 No later than the commencement of either a Wet Weather or Pollutant Violation event, CITY shall shut off the flow of urban runoff (and accompanying storm water) to OCSD's Sewerage System. CITY shall be responsible for determining whether a Wet Weather event and/or Pollutant Violation event is occurring independent of any effort OCSD undertakes to notify CITY of the commencement of any such event. The discharge shall not resume until CITY has obtained OCSD approval for the resumption of the discharge. (a) OCSD shall provide to CITY a list of persons authorized by OCSD to provide permission/approval for the continuation or resumption of the discharge. OCSD may periodically amend the list by notice to CITY provided pursuant to Section 16.2 herein. 3.7 CITY shall obtain and record an irrevocable easement in favor of and in a form satisfactory to OCSD authorizing access at any time by CITY and OCSD employees to any part of the Diversion located on property owned by a person or entity other than CITY, including but not limited to the shut off valve, to ensure the proper operation, maintenance and repair of the Diversion and compliance by CITY with all requirements of this Agreement. LEGAL02/39811001 v 13 3.8 The Parties acknowledge and agree that a small and incidental amount of groundwater (i.e., underground springs, etc.) may mix with the DWUR and be discharged to the Sewerage System without violating this Agreement or the terms of any Wastewater Discharge Permit. This does not include construction dewatering discharges. 4.0 Wastewater Discharge Permits. CITY shall apply for a Wastewater Discharge Permit from OCSD. Upon issuance of the Wastewater Discharge Permit and so long as the Wastewater Discharge Permit remains in effect, CITY shall be authorized to discharge DWUR from the Diversion, into the Sewerage System, in accordance with this Agreement, the terms of the Wastewater Discharge Permit, and Ordinance No. OCSD-53, including any subsequent amendments thereof. Written notice of any such subsequent amendment shall be provided to CITY in advance of such amendment becoming effective except where emergency circumstances, including but not limited to imminent danger to public health, the environment, water supply and/or Sewerage System, make advance notice impossible or impracticable, in which case a violation of such amendment shall not constitute a basis for permit termination prior to providing written notice of the amendment to CITY. Upon written notice to CITY during the term of the Wastewater Discharge Permit, and after providing CITY with a reasonable time to respond, OCSD shall have the authority in its sole discretion to modify the terms, conditions, or discharge limits set forth in the Wastewater Discharge Permit or otherwise require additional management practices, pollution prevention strategies, or treatment equipment to improve the quality of the discharge and to reduce the impact of the discharge on the Sewerage System, as may be required by the provisions of OCSD's current or future regulatory constraints. CITY may offer an alternative strategy or plan, which accomplishes the same result for OCSD consideration. If CITY determines not to implement the additional management practices, pollution prevention strategies, or treatment facilities as required by OCSD (including through an alternative plan proposed by CITY), then CITY shall provide written notice to OCSD of such determination pursuant to Section 16.2 herein. Such determination shall be deemed an election by CITY to terminate this Agreement, and CITY shall then immediately cease the discharge of Dry Weather Urban Runoff to the Sewerage System. 4.1 The initial term of the Wastewater Discharge Permit shall be as stated in the permit. The permit shall only be renewed in accordance with the Dry Weather Urban Runoff Policy in effect at that time and this Agreement. OCSD may reduce or extend the length of subsequent permits. 4.2 Upon expiration of each Wastewater Discharge Permit and at such other times as OCSD deems appropriate, OCSD shall evaluate the quality and quantity of the discharge in order to assess the effectiveness of the existing terms, conditions and discharge limits in the permit and the need for modification of the permit. The terms, conditions and discharge limits of the renewal shall be dependent upon the results of OCSD's evaluation. 5.0 Indemnification. CITY shall defend, indemnify and hold harmless OCSD, and its Board members, officers, agents, and employees from any and all third -party liabilities, claims, penalties, forfeitures, suits, and the costs and expenses incident LEGAL02/39811001v13 thereto (including cost of defense, experts, settlement, and reasonable attorneys' fees), which they may hereinafter incur, become responsible for or pay out as a result of actions or omissions associated with this Agreement, including, but not limited to (1) any Dry Weather and/or Wet Weather runoff from the Drainage Areas; and (2) runoff and any direct or indirect impacts thereof occurring as a result of the termination of the discharge to the Sewerage System or the termination of this Agreement. This indemnification shall apply to any affirmative acts or acts of omission by OCSD, including but not limited to any OCSD action to close the Diversion valves to prevent the discharge to the Sewerage System and/or render emergency assistance or emergency response at the Diversion facilities in the event of an operational malfunction or other problem at such facilities, but shall not apply to (1) any gross negligence of OCSD, or (2) any intentional wrongful acts or omissions of OCSD. This indemnification provision shall survive the termination of the remaining provisions of this Agreement as to any matter(s) which are the subject of this Agreement, and which otherwise arises before or upon such termination, until such time as the determination of said matter(s) becomes final. For clarity, and notwithstanding anything to the contrary herein, CITY shall indemnify OCSD for any and all liability and damages resulting from the discharge of DWUR from the Drainage Areas to OCSD's Sewerage System. 6.0 Quality and Quantity of Discharge. The quality and quantity of the DWUR from the Drainage Areas shall meet all terms, conditions, and discharge limits contained in OCSD's Wastewater Discharge Regulations, including subsequent amendments thereto, the Wastewater Discharge Permit referred to in Section 4.0 herein, and all other requirements of this Agreement. 7.0 Self -Monitoring. CITY shall conduct self monitoring of the Dry Weather Urban Runoff for Pollutants of Concern, as directed by OCSD, to insure compliance with the terms, conditions and discharge limits set forth in the Wastewater Discharge Permit, OCSD's Ordinances and this Agreement. Unless otherwise directed by OCSD, CITY shall conduct self monitoring of the Dry Weather Urban Runoff discharge on a semi- annual basis. The results of all self monitoring shall be submitted to OCSD as directed by OCSD as referenced in Resolution OCSD 13-09. All self monitoring costs necessary to establish compliance with the Wastewater Discharge Permit, OCSD's Ordinances, and this Agreement shall be borne by CITY. 7.1 OCSD intends to apply local discharge limits and determine compliance on the diversion flow before dilution with any auxiliary or non -urban runoff wastestreams. In that regard, CITY shall provide a suitable representative sample point for collecting both grab and composite monitoring samples. 8.0 Enforcement. In the event of a Pollutant Violation or if the quality or quantity of the discharge to the Sewerage System does not meet the conditions, provisions or discharge limits set forth in the Wastewater Discharge Permit, OCSD's Ordinances, or this Agreement, and, notwithstanding the option of exercising the LEGAL02/39811001 v 13 Diversion shutoff authorization set forth in Section 3.1, OCSD may take enforcement action for any violation of the terms of the Wastewater Discharge Permit, or OCSD's Ordinances, which violation occurs prior to the shutoff, in accordance with the provisions of Ordinance No. OCSD-53, including any subsequent amendments thereof or successor ordinance thereto. For purposes of this Agreement, the Parties agree that the discharge from the Drainage Areas to the Sewerage System will be treated as industrial wastewater pursuant to Government Code Sections 54739 - 54740.6, including any subsequent amendments thereto, and subject to the penalty and other provisions thereof. 9.0 Fees and Charges. The Parties acknowledge that, pursuant to OCSD's current Dry Weather Urban Runoff Policy, OCSD intends to waive fees and charges associated with authorized discharges of Dry Weather Urban Runoff to the Sewerage System, where such runoff originates within OCSD's service area, until such time as (1) OCSD modifies its Dry Weather Urban Runoff Policy to levy a charge for use on urban runoff discharges into its Sewerage System, or (2) OCSD requires dischargers to pay any applicable fees established through incorporation in OCSD's current Fee Ordinance, or subsequent amendments thereof. Without limitation of the foregoing, at such time that OCSD staff anticipates that system -wide discharges of Dry Weather Urban Runoff will reach 9 million gallons per day, OCSD staff will revisit that policy with the Board of Directors to determine if further amendment to the policy is necessary. 9.1 It is not OCSD's intent at this time to charge "Supplemental Capital Facility Capacity Charges" for the acceptance of Dry Weather Urban Runoff from any permitted discharger. In the event OCSD subsequently decides to charge Supplemental Capital Facility Capacity Charges, the charges will be levied on all then -existing and future permittees, and will be established at the Significant Commercial -Industrial User rate pursuant to OCSD Ordinance No. OCSD-50 or any successor ordinances thereto. Supplemental Capital Facilities Capacity Charge which would be applicable to Dry Weather Urban Runoff is established by Ordinance No. OCSD-50, Section 2.07, and is calculated by measured flow, Biochemical Oxygen Demand ("BOD"), and Suspended Solids ("SS") discharged per day. 9.2 Notwithstanding any other provision of this Agreement, OCSD may, in its sole discretion, impose or modify fees and charges applicable to the discharge. In accordance with OCSD Ordinance Nos. OCSD-50, OCSD-51 and any other current or future OCSD ordinances, resolutions, regulations, rules or policies, CITY shall pay all fees and charges, in an amount as initially adopted or as subsequently modified by OCSD, related to the discharge including but not limited to Sanitary Sewer Service Charges, Supplemental Capital Facility Capacity Charges, Administrative Fees, and Non -Compliance Fees; provided that CITY shall not be required to pay any such fees or charges in an amount proportionately higher than any other public agency with whom OCSD enters into an agreement to accept Dry Weather Urban Runoff into its Sewerage System. Failure to pay any fees in a timely manner shall be cause for termination of the Wastewater Discharge Permit and any further discharge to the Sewerage System. CITY shall pay OCSD for such fees or charges within 30 days of submittal by OCSD of an invoice to CITY. LEGAL02/3981 100 1 v 13 10.0 Access to CITY Facilities. CITY shall provide OCSD employees with 24- hour a day access to the Diversion facilities it owns, operates or maintains for collection, transport, treatment or disposal of the DWUR which is the subject of this Agreement. Such access is for purposes of OCSD inspection, monitoring, closure of the valves allowing the discharge to OCSD's Sewerage System, as OCSD in its sole discretion determines is appropriate, and verification of compliance with the Wastewater Discharge Permit, OCSD's Ordinances and this Agreement. 11.0 Evaluation of Impact. OCSD will periodically evaluate the impacts of the acceptance of urban runoff on OCSD's Sewerage System and on OCSD's effluent. OCSD reserves the right to modify OCSD's Dry Weather Urban Runoff Policy, as OCSD, in its sole discretion, determines is appropriate. Any discharge from the Drainage Areas to OCSD's Sewerage System shall be subject to such modified policy, including a termination of the Dry Weather Urban Runoff Program if applicable. 12.0 Compliance Disclaimer. CITY shall rely on its own staff or consultants to ensure that the facilities and equipment which CITY installs, operates and maintains pursuant to this Agreement shall function as intended. No approval or acceptance by OCSD of design drawings, management practices, technologies, pollution prevention strategies, or any other proposals by CITY shall be construed as a representation by OCSD that such design, management practices, technologies, pollution prevention strategies, or proposals will enable CITY to comply with the terms and conditions of the Wastewater Discharge Permit, OCSD's Ordinances, including amendments thereto, this Agreement or any other entitlement or permit issued by a regulatory authority to CITY. 13.0 Damage to OCSD's Sewerage System. CITY shall bear the entire cost of and shall reimburse OCSD for any and all costs or expenses incurred by OCSD as a result of damage to or repair of the Sewerage System resulting from any discharge(s) from the Diversion. 14.0 No Capacity Right or Entitlement. In keeping with OCSD's long standing policy on all sewer system connections, nothing in this Agreement, or in the Wastewater Discharge Permit, shall be construed to provide CITY with any vested entitlement to discharge Dry Weather Urban Runoff to the Sewerage System or with a capacity right in the Sewerage System, and CITY hereby disclaims any such vested entitlement or capacity right arising directly or indirectly from this Agreement. 15.0 Third Party Beneficiary. Nothing in this Agreement shall be construed to create any rights or benefits in any third party who is not a Party to this Agreement. 16.0 General Provisions. 16.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement on their behalf and bind each respective Party thereto. LEGAL02/3981100 1 v 13 16.2 Notice. All notices, demands, invoices, and written communications required to be provided under this Agreement, shall be delivered at the following addresses or such other addresses as Parties may designate by written notice: If to CITY: City of Newport Beach Attention: Assistant City Engineer 100 Civic Center Drive P.O. Box 1768 Newport Beach, California 92658-8915 If to OCSD: Orange County Sanitation District Attention: General Manager 10844 Ellis Avenue Fountain Valley, California 92708-7018 With Copy To: Resource Protection Division Manager Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Depending on the method of transmittal, notice shall be deemed received as follows: by facsimile or other electronic transmission, as of the date and time sent; by messenger, as of the date delivered; and by U. S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U. S. Mail. 16.3 Construction of Agreement. It being agreed that both Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. The headings of the various articles and sections herein are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 16.4 Amendment, Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by the Parties. 16.5 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 16.6 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation under this Agreement, and no such assignment shall be permitted without the consent of the other Party, in its sole discretion, to such assignment LEGAL02/39811001v13 16.7 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire agreement shall be deemed invalid, illegal, or otherwise unenforceable. 16.8 Time Is Of The Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and take all actions reasonably necessary to facilitate the performance of all covenants, conditions, and purposes of this Agreement. 16.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 16.10 Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior oral or written statements or agreements between the Parties with respect thereto. 16.11 Attorneys' Fees. In the event that any action or proceeding is commenced between the Parties to enforce or interpret any term of this Agreement, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party's costs of suit and reasonable attorney fees. 16.12 Effect of Recitals. The Recitals above are deemed true and correct, are hereby incorporated in this Agreement as though fully set forth herein, and each Party to this Agreement acknowledges and agrees that such Party is bound by the same. 16.13 Effective Date. This Agreement shall become effective on the Effective Date. Notwithstanding the foregoing, no discharge of Dry Weather Urban Runoff to the Sewerage System may occur prior to issuance of a Wastewater Discharge Permit pursuant to Section 4.0 herein. LEGAL02/3981 1 001v 13 IN WITNESS WHEREOF, OCSD and CITY have each caused this Agreement to be executed by its duly authorized representative. Attest: am ORANGE COUNTY SANITATION DISTRICT By: Z J-0-14" at. ames D. Herberg, f#neral Manager Kelly A. Lo*, Clerk of th6 Board APPROVED AS TO FORM: COUNSEL for ORANGE COUNTY SANITATION DISTRICT Atte in Diane Stanfield, OCSD Counsel CITY OF NEWPORT BEACH APPROVED A,$ TO FORM: ATTORNEY for CITY OF NEWPORT BEACH 23 Av Aaoh Ha , City"Attorney LEGAL02/39811001 v 13 IN WITNESS WHEREOF, OCSD and CITY have each caused this Agreement to be executed by its duly authorized representative. Attest: as ORANGE COUNTY SANITATION DISTRICT Kelly A. Lore, Clerk of the Board James D. Herberg, General Manager APPROVED AS TO FORM: COUNSEL for ORANGE COUNTY SANITATION DISTRICT in Atte Im kbw ��Jlqy6w Diane Stanfield, OCSD Counsel CITY OF NEWPORT BEACH APPROV4ATOFORM: ATTORNEY for CITY OF NEWPORT BEACH By: a , Cit Attorney LGGA1.02/3981100 1 v 13 Exhibit "A" Old Newport Boulevard - Drainage Area 1 � sex .•... @: .. S ti'�� a I),� A 1 ■ o - �N � in � iu of I a � f . �''\ �•�. '� � , Y j! ENOP l ■-� Ii Pw M. "'x a •' -^_�V :,. ai i W � ` �' �,'aa'S� ' / ��-114! � ai�a. x '?' t . '�� R • 80u /, 04 i 4 f < i �►� � �� '' psi. V i � � r. -j v� � . �41 F 1 All � � ,� 1 � ' � ��' • , ;off � �' t'>•, k�,�, _ ��,� ,� �, �. � � ' �'� `� �� ;`� ,� . � 4 � 3 i �►; Imo'!,. �1 a ` h� t_l' � ���r, t�%5' .w` •,i � f�A s ', lie \.. C,,t M: i J iIi wi 1, &S, Pik r '.".�--. �Y , I � / � �' . r T ``*• Vt 1'/ �.4 �� F. ",} � I:Uf �L t Q e l 1,t`1yA1VyAi\ �. ",� Yt.�ri�.' � A�. �� •x„x„- i` " dei' , �.. � �. Exhibit "B" Hoag Road - Drainage Area 2 7. .. *®Al I 97 "— f , FEZ— '� r; I i ir"' ,�•y a "•r -. � .. 1 i a 1✓•I�III.�"� {, f �/ Sol� vim° a a■ .,�...., „n.-+., �/,°�''� � ��' i� Elft i , %"WAAt1,50vivor wi, CAW I i I, Ox "IT-4j4I Fro 17 uA b, wo a 6. r► I 1 j `t gtBr {y�°` Y �.. _ t i • '�q• ��ifr�t! 1/vY L \•\Ae„ Tr/- ",R - •F t sir. ~t.�, - y ... -Z" !"' , �" $... un •. �,� �� j' , .r�.,.4. a t ��'sm,,. r,.. "' : All Ilk �..r_.,,, fir► qk -.xel n Y Y ✓' !' + . �` �� �I .�. "i�:- ' 111 •.:♦�� �. \ � ' IRA �<�.. --�-� - �� V P •.. .fit. �e. Owl Lim 0 1 , fig. \ t'1:. ! �� •� M� F _zz, t Exhibit "C" OCSD's Resolution No. OCSD 13-09 RESOLUTION NO. OCSD 13-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ESTABLISHING THE POLICY FOR DRY WEATHER URBAN RUNOFF AND REPEALING RESOLUTION NO. OCSD 01-07 WHEREAS, the Orange County Sanitation District ("District") is a duly organized County Sanitation District existing pursuant to the County Sanitation District Act, California Health and Safety Code section 4700, et seq., providing for the ownership, operation, and maintenance of wastewater collection, treatment, and disposal facilities within Orange County, California; and WHEREAS, pursuant to Health and Safety Code section 4730.66, the District is authorized to acquire, construct, operate, maintain, and furnish facilities for all or any of the following purposes: "(1) The diversion of urban runoff from drainage courses within the district. (2) The treatment of the urban runoff. (3) The return of the water to the drainage courses. (4) The beneficial use of the water."; and WHEREAS, certain types of dry weather urban runoff create public health and/or environmental problems which are infeasible to economically or practically control through traditional stormwater best management practices; and WHEREAS, the District has available limited system capacity in its collection, treatment and disposal facilities which may allow the District to accept discharge of certain dry weather urban runoff flows not to exceed 10 million gallons per day ("mgd") without adversely affecting the District's primary function of collection, treatment and disposal of sanitary sewer discharges; and WHEREAS, the District does not have system capacity available to allow wet weather discharges to the District's facilities; and WHEREAS, for purposes of this policy, "wet weather" shall mean any period during which measurable rainfall occurs in any portion of the District's service area and shall include the period following the cessation of rainfall until the District determines that the wet weather event is no longer impacting the District's collection, treatment and disposal facilities; and WHEREAS, for the purposes of this policy, "dry weather' shall mean any period which does not fall within the definitions of "wet weather"; and WHEREAS, the District developed a Dry Weather Urban Runoff Policy pursuant to Resolution No. OCSD 01-07 to address certain environmental concerns associated with dry weather urban runoff; and OSCD-13-09-1 WHEREAS, the District has successfully treated 7 billion gallons of urban runoff since the year 1999 with daily flows ranging from 0.5 to 3.5 mgd; and WHEREAS, the District has evaluated: (1) sources of dry weather urban runoff; (2) the quality and quantity of dry weather urban runoff discharges to the sewerage system; and (3) the District's costs associated with such discharges; and WHEREAS, the presence of toxic amounts of selenium in the Upper Newport Bay Watershed has resulted in regulatory requirements to remove selenium loadings from upstream creeks and channels to protect downstream aquatic life; and WHEREAS, attempts by the County of Orange and local cities to remove the selenium via stormwater best management practices and other available treatment technologies have been unsuccessful; and WHEREAS, as a result of the regulatory requirements to remove selenium loadings, the District received requests to accept up to 4 mgd of new urban runoff flows, for an estimated total daily average flow in excess of 6 mgd; and WHEREAS, the District is authorized to accept the dry weather urban runoff, provided that the discharge occurs in full and complete compliance with the terms of this Dry Weather Urban Runoff Policy and relevant Ordinances and/or Resolutions, including any subsequent amendments thereto; and WHEREAS, the District intends to only issue Dry Weather Urban Runoff Discharge Permits to public agencies that have jurisdiction and authority over surface water runoff and wastewater; and WHEREAS, the District intends to waive fees and charges associated with authorized discharges of dry weather urban runoff to the sewerage system, where such runoff originates within the District's service area, until such time as (1) the District modifies its dry weather urban runoff policy to levy a charge for use on urban runoff discharges into its sewerage system, or (2) requires dischargers to pay any applicable fees established through incorporation in the District's current Fee Ordinance and/or subsequent amendments thereof. These fees, if levied in the future, may include permit fees, capital facilities charges, operations and maintenance costs, and/or any other fees or charges which the District determines to impose on such discharges; and WHEREAS, at such time that District staff anticipates discharges of dry weather urban runoff will reach 9 mgd, the District staff will revisit this Policy with the Board of Directors to determine if further amendment to the Policy is necessary. OSCD-13-09-2 NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE, DETERMINE AND ORDER: Section 1: That the following Dry Weather Urban Runoff Policy is established as District Policy: "POLICY FOR ACCEPTANCE OF DRY WEATHER URBAN RUNOFF INTO THE ORANGE COUNTY SANITATION DISTRICT SEWERAGE SYSTEM No person or entity shall discharge urban runoff, directly or indirectly, to the District's sewerage system during wet weather. The District may accept urban runoff into the sewerage system during dry weather conditions ("dry weather urban runoff") provided that the discharger meets the following requirements: A. Requirements for Obtaining Permission to Discharge 1. The dry weather urban runoff diversion to the sewerage system shall address a public health or environmental problem associated with the runoff discharge that cannot be otherwise economically or practically controlled. 2. A dry weather urban runoff diversion structure shall be designed and installed and other necessary provisions shall be implemented to exclude storm and other runoff from entry into District's sewerage system during wet weather. The diversion structure shall be equipped with a lockable shut-off device, satisfactory to the District, and to which the District shall be provided access at all times. 3. Prior to commencement of discharge of the dry weather urban runoff to the District's sewerage system, in accordance with the policies and procedures set by the District, the applicant shall apply for and obtain a Wastewater Discharge Permit ("permit") from the District in accordance with the most current District Ordinance governing Wastewater Discharge Regulations. The District may require that the permit applicant enter into an agreement setting forth the terms under which the dry weather urban runoff discharge is authorized in addition to or in lieu of issuance of the permit. Only public agencies that have jurisdiction and authority over surface water runoff and wastewater are eligible for Dry Weather Urban Runoff Discharge Permits. 4. The permit applicant shall consider and evaluate the feasibility of other disposal alternatives (i.e., discharge into storm drains, reuse and reclamation of the runoff, etc.) for the discharge of the dry weather urban runoff. The permit applicant shall submit to the District a report, satisfactory to the District, evaluating each disposal alternative, and demonstrating why each alternative is not economically or practically feasible to dispose of the proposed dry weather urban runoff in lieu of sewer discharge. OSCD-13-09-3 5. The permit applicant's proposed diversion system shall prevent debris and any other pollutants of concern from entering the District's sewerage system. The permit applicant shall submit design drawings and an operations and maintenance plan for the proposed dry weather diversion structure which shall be sufficient to establish that all District requirements will be met to prevent pass through of and/or interference with the District's sewerage facilities. The diversion system shall be capable of measuring and recording on a daily basis the flow discharged to the District's sewerage system. 6. The permit applicant shall submit best management practices and pollution prevention strategies designed to minimize or eliminate dry weather urban runoff. More stringent practices and strategies may be required depending on the nature of the anticipated discharge. 7. The General Manager, or his or her designee, may impose additional requirements as may be appropriate to reduce the burden on the District's collection, treatment and disposal facilities. 8. Collection, treatment and disposal of sanitary sewer discharges remain the District's primary functions. No additional dry weather urban runoff permits shall be issued if the General Manager, or his or her designee, determines that such issuance may, alone or in conjunction with other permits, adversely affect the District's primary functions. Each request to discharge is reviewed to determine if there is available local and regional collection and pumping capacity. 9. As a condition of the permit and/or agreement, the permit applicant shall indemnify, defend and hold the District harmless from any and all liability associated with the dry weather urban runoff to which the permit and/or agreement apply, including, but not limited to, any and all negligence which is alleged to have occurred with respect to any District action to render emergency assistance at the diversion system facilities in the event of an operational malfunction or other problem at such facilities. The permit applicant's obligation to indemnify and defend the District shall not include claims or liability arising from the District's active negligence or intentional wrongful acts or omissions. The terms of the indemnity and duty to defend shall be in a form satisfactory to District's General Counsel. B. Requirements After Granting Permission to Discharge The quality and quantity of the discharge shall meet the conditions, provisions or limitations contained in the most current District Ordinance governing Wastewater Discharge Regulations*, including any subsequent amendments. * Any reference in this policy to any District Ordinance, policy or permit shall include any subsequent amendments, modifications, revisions or successors to such ordinance, policy or permit. OSCD-13-09-4 2. The permittee shall conduct self-monitoring for the pollutants of concern as directed by the District to ensure compliance with the terms, conditions and limits set forth in the permit/agreement and the District's Ordinances. Unless otherwise directed, the permittee shall conduct and submit self-monitoring of the discharge on a quarterly basis or as directed by the District. The permittee shall monitor the flow and submit reports documenting the quality and quantity of the flow discharged as directed by the District. 3. In the event that the quality or quantity of the dry weather urban runoff discharge to the sewerage system does not meet the conditions, provisions, or limitations set forth in the discharge permit/agreement or the District Ordinance governing Wastewater Discharge Regulations, the permittee shall take immediate action to correct the problem(s) to ensure that full compliance is met. The District may take enforcement action for any violation of the terms of the permit/agreement and/or the District's Ordinances, including termination of the discharge, in accordance with the provisions of the District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 4. The District reserves the right to impose other fees and charges on all urban runoff dischargers, including but not limited to permit fees, capital facilities charges, and operations and maintenance charges in accordance with any future amendment of this policy, and pursuant to any other current or future District Ordinances or policies. Failure to pay fees in a timely manner shall be cause for termination of the permit/agreement and the discharge. All dischargers shall be subject to noncompliance sampling fees set forth in the current District Ordinance governing Wastewater Discharge Regulations, including any subsequent amendments. 5. The permittee shall provide the District's employees and representatives with access to the diversion location and all areas from which and through which runoff originates and/or flows, during all reasonable hours, which shall include any time when a discharge to the sewerage system may be occurring, for purposes of inspection, monitoring, and verifying compliance with the permittagreement and/or the District's Ordinances. 6. The permittee shall have complete responsibility for the construction, operation and maintenance of the diversion facility or any other associated facilities and for ensuring compliance with the terms and conditions of the discharge permit/agreement and the District's Ordinances. 7. No later than the commencement of any measurable rainfall, each discharger of urban runoff shall shut off the flow of urban runoff (and accompanying storm water) to the District's sewerage system. The discharge shall not resume until the discharger has obtained written approval for the resumption of the discharge from the District's Urban Runoff Program Manager, or their designate. OSCD-13-09-5 8. If the District determines, in its sole discretion, that the dry weather runoff, alone or in conjunction with other discharges, is or may be adversely affecting or threatening to adversely affect the District's collection, treatment and/or disposal facilities, the District shall so notify the permittee who shall immediately cease all such discharge to the sewerage system. The District may, in its sole discretion, allow the continued discharge provided that the permittee installs, operates and maintains additional facilities as determined by the District to be appropriate and/or necessary to ensure that the dry weather runoff does not, alone or in conjunction with other discharges, adversely affect or threaten to adversely affect the District's collection, treatment and/or disposal facilities. 9. Under no circumstances shall District authorization to discharge dry weather urban runoff to the District's sewerage system be deemed to provide a vested right for such discharge. 10. Except as expressly authorized by this policy or a District Ordinance, no urban runoff shall be discharged directly or indirectly into the District's facilities. 11. District reserves its right to amend or clarify this Policy and/or District's Ordinances from time to time, and permittee agrees to abide by such amendments or subsequent enactments." Section 2: Resolution No. OCSD 01-07 is hereby repealed in its entirety upon the effective date of this Resolution, and the provisions of any Resolution(s) previously adopted by the District that are in direct conflict with the provisions of this Resolution No. OCSD 13-09 are hereby superseded. Section 3: The General Manager, or his or her designee, is hereby authorized and directed to execute any necessary documents, permits or agreements to effect the policy set forth herein. Section 4: If any section, subsection, subdivision, sentence, clause, or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or any of the remaining portions thereof. The Board of Directors hereby declares that it would have passed this Resolution, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional or otherwise invalid. OSCD-13-09-6 Section 5: This Resolution No. OCSD 13-09 shall take effect immediately upon adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting held June 26, 2013. ATTEST: Mari Ayala, Bo d Secretary OSCD-13-09-7 Exhibit "D" Pollutants of Concern EXHIBIT "D" POLLUTANTS OF CONCERN Number Metals and Metalloids 1 antimony 2 arsenic 3 beryllium 4 boron 5 cadmium 6 chromium 7 copper 8 lead 9 manganese 10 mercury 11 molybdenum 12 nickel 13 selenium 14 silver 15 thallium 16 vanadium 17 zinc Nutrients and Inorganics 18 ammonia 19 Cyanide, Amenable 20 Cyanide, Total 21 Nitrate Nitrogen 22 Nitrite Nitrogen 23 Organic Nitrogen 24 Total Kjeldahl Nitrogen 25 Total Phosphorous (as P) 26 Sulfide (Dissolved) 27 Sulfide (Total) Physical Tests 28 Biochemical Oxygen Demand, 5 -day @ 20°C (BOD5) 29 Carbonaceous Biochemical Oxygen Demand, 5 -day @ 20°C (CBOD5) 30 Oil and Grease 31 pH 32 Settleable Solids 33 Total Chlorine Residual 34 Total Suspended Solids 35 Turbidity p. 1 of 6 Last Revised: July 14, 2020 continued on next page 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 p. 2 of 6 Volatile Organic Compounds acrolein acrylonitrile benzene bromodichloromethane (dichlorbromomethane) bromoform carbon tetrachloride (tetrachloromethane) chlorobenzene (monochlorobenzene) chloroethane 2-chloroethylvinyl ether chloroform 2-chlorotoluene 1,2 -dichlorobenzene 1,3 -dichlorobenzene 1,4 -dichlorobenzene dichlorobromomethane dichloroethane 1,1-dichloroethane 1,2-dichloroethane 1,1-dichloroethylene or 1,1-dichloroethene trans- 1,2-dich loroethylene 1,2-dichloropropane 1,3-dichloropropylene or 1,3-dichloropropene 1,4 -dioxane ethylbenzene methyl bromide or bromomethane methyl chloride or chloromethane methylene chloride or dichloromethane N-nitrosodimethylamine or NDMA N-nitrosodiphenylamine N-nitrosodi-n-propylamine N-nitrosomorpholine 1,1,2,2 -tetrachloroethane tetrachloroethylene toluene 1,2,4-trichlorobenzene 1,1,1 -trichloroethane or methyl chloroform 1,1,2 -trichloroethane trichloroethylene or trichloroethene 1,2,3-trichloropropane (1,2,3 -TCP) vinyl chloride (chloroethylene) Last Revised: July 14, 2020 continued on next page Base/Neutral/Acid Semi-Volatile Compounds 76 acenaphthylene or acenaphthene 77 anthracene 78 benzidine 79 benzo(a)anthracene (1,2-benzanthracene) 80 benzo(a)pyrene 81 benzo(b)fluoranthene (3,4-benzofluoranthene) 82 benzo(g,h,i)perylene 83 benzo(k)fluoranthene 84 bis(2-chloroethoxy)methane 85 bis(2-chloroethyl)ether 86 bis(2-chloroisopropyl)ether 87 bis(2-ethyl hexyl) phtha late 88 4-bromophenyl phenyl ether 89 butylbenzyl phthalate 90 2-chloronaphthalene 91 2-chlorophenol 92 4-chlorophenyl phenyl ether 93 chrysene 94 dibenz[a,h]anthracene 95 3,3'-dichlorobenzidine 96 2,4-dichlorophenol 97 diethyl phthalate 98 2,4-dimethylphenol 99 dimethyl phthalate 100 di-n-butyl phthalate 101 di-n-octyl phthalate 102 2,4-dinitrophenol 103 2,4-dinitrotoluene 104 2,6-dinitrotoluene 105 1,2-diphenylhydrazine or azobenzene 106 fluoranthene 107 fluorene 108 hexach loro benzene 109 hexachlorobutadiene 110 hexachlorocyclopentadiene 111 hexachloroethane 112 indeno(1,2,3-cd)pyrene 113 isophorone 114 3-methyl-4-chlorophenol (4-chloro-3-methylphenol, parachlorometa cresol) 115 2-methyl-4,6-dinitrophenol (dinitro-2-methylphenol, 4,6-dinitro-o-cresol) 116 naphthalene 117 nitrobenzene 118 2-nitrophenol 119 4-nitrophenol 120 pentachlorophenol (PCP) p. 3 of 6 continued on next page Last Revised: July 14, 2020 Base/Neutral/Acid Semi -Volatile Compounds (continued) 121 phenanthrene 122 phenol 123 pyrene 124 2,4,6 -trichlorophenol Organochlorine Pesticides and PCBs 125 aldrin 126 a -BHC (a -benzene hexachloride) 127 R -BHC (b -benzene hexachloride) 128 y -BHC (lindane) 129 6 -BHC 130 chlordane 131 4,4' -DDD 132 4,4' -DDE 133 4,4' -DDT 134 dieldrin 135 endosulfan (alpha) 136 endosulfan (beta) 137 endosulfan sulfate 138 endrin 139 endrin aldehyde 140 heptachlor 141 heptachlor epoxide (BHC -hexachlorocyclohexane) 142 mirex 143 pesticides 144 PCBs: Aroclors 1016, 1221,1232, 1242, 1248, 1254,1260 145 toxaphene Dioxin 146 2,3,7,8-TCDD (Dioxin) 147 TCDD Equivalents Radionuclides, pCi/L Unless Noted Otherwise 148 Combined Radium -226 and Radium -228 149 Gross Alpha particle activity (incl. Radium -226, excl. Radon & Uranium) 150 Gross Beta particle activity 151 Radium -226 152 Radium -228 153 Strontium -90 154 Tritium 155 Uranium p. 4 of 6 continued on next page Last Revised: July 14, 2020 Hormones 156 4-androstene-3,17-dione 157 equilin 158 17a-estradiol 159 17b-estradiol 160 estriol (16-a-hydroxyestradiol) 161 estrone 162 17a-ethynyl estradiol 163 oxybenzone 164 progesterone 165 testosterone Industrial Endocrine Disrupting Compounds (IEDCs) 166 bisphenol A 167 4-para-nonylphenol 168 nonylphenol diethoxylate 169 nonylphenol monoethoxylate 170 octylphenol 171 4-n-octylphenol diethoxylate 172 octylphenol monoethoxylate Pharmaceuticals and Personal Care Products (PPCPs) 173 acetaminophen 174 azithromycin 175 caffeine 176 carbamazepine 177 DEET 178 erythromycin 179 fluoxetine hydrochloride 180 gemfibrozil 181 ibuprofen 182 primidone 183 salicylic acid 184 sulfamethoxazole 185 triclosan p. 5 of 6 continued on next page Last Revised: July 14, 2020 Flame Retardants 186 BDE 28 187 BDE 47 188 BDE 85 189 BDE 99 190 BDE 100 191 BDE 153 192 BDE 154 193 BDE 183 194 BDE 197 195 BDE 206 196 BDE 209 p. 5 of 6 continued on next page Last Revised: July 14, 2020 Per- and Poly-fluorinated Alkyl Substances (PFAS) 197 perfluorobutanoic acid 198 perfluoropentanoic acid 199 perfluorohexanoic acid 200 perfluoroheptanoic acid 201 perfluorooctanoic acid 202 perfluorononanoic acid 203 perfluorodecanoic acid 204 perfluoroundecanoic acid 205 perfluorododecanoic acid 206 perfluorotridecanoic acid 207 perfluorotetradecanoic acid 208 perfluorohexadecanoic acid 209 perfluorooctadecanoic acid 210 perfluorobutane sulfonic acid 211 perfluoropentane sulfonic acid 212 perfluorohexane sulfonic acid 213 perfluoroheptane sulfonic acid 214 perfluorooctane sulfonic acid 215 perfluorononane sulfonic acid 216 perfluorodecane sulfonic acid 217 perfluorooctanesulfonamide 218 N-ethyl perfluorooctane sulfonamide ethanol 219 N-methyl perfluorooctane sulfonamide ethanol 220 N-ethyl perfluorooctane sulfonamide 221 N-methyl perfluorooctane sulfonamide 222 N-methyl perfluorooctane sulfonamidoacetic acid 223 N-ethyl perfluorooctane sulfonamidoacetic acid 224 4:2 fluorotelomer sulfonic acid 225 6:2 fluorotelomer sulfonic acid 226 8:2 fluorotelomer sulfonic acid 227 10:2 fluorotelomer sulfonic acid 228 211,21,3H,3H-perfluorohexanoic acid 229 211,21,3H,3H-perfluorooctanoic acid 230 211,21,3H,3H-perfluorodecanoic acid 231 hexafluoropropylene oxide dimer acid 232 4,8-dioxa-3H-perfluorononanoic acid 233 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid 234 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid 235 nonafluoro-3,6-dioxaheptanoic acid (NFDHA) 236 perfluoro(2-ethoxyethane) sulfonic acid (PFEESA) 237 perfluoro-3-methoxypropanoic acid (PFMPA) 238 perfluoro-4-methoxybutanoic acid (PFMBA) p. 6 of 6 Last Revised: July 14, 2020 Exhibit "E" Effluent Meter Calibration Requirements ORANGE COUNTY SANITATION DISTRICT ATTACHMENT 161 EFFLUENT FLOW METER CALIBRATION REQUIREMENTS I. GENERAL Permittee shall provide an effluent flow measuring device that is suitable for the application and that accurately measures and records the entire volume of industrial wastewater discharged to the sewer system with a minimum accuracy of ±5% at all times. II. FLOW MEASURING DEVICE The flow measuring device shall: Accurately measure the expected range of the flow (minimum, average, and maximum) with an accuracy of a minimum of ±5%. • Have a non-resettable totalizer. When a digital display shows more than one totalizer screen, the non-resettable totalizer shall be used. III. CALIBRATION REQUIREMENTS To ensure proper operation and continued accuracy of the flow measuring device, Permittee is required to conduct in-situ calibration and performance maintenance of the device. Permittee is required to meet, as a minimum, the following requirements for calibration and maintenance: Calibration shall be conducted under the direct supervision of an engineer registered in the State of California, and in accordance with procedures prepared by the registered engineer. The engineer conducting the calibration shall certify the calibration report submitted to OCSD. A. Hydraulic Calibration Hydraulic calibration must check and calibrate the entire flow meter system and its components. The calibration of the full system shall include calibration of all associated instruments and appurtenances. Hydraulic calibration requires that the system be checked by: 1. Comparing a known flow induced into the system independent of the installed flow metering device at the facility. 2. Performing the in-situ calibration using instrumentation and method with a minimum accuracy of ±2% or better. 3. Testing and calibrating the flow metering device at minimum, maximum, and average daily flows discharged to the sewer system. 4. Using appropriate manufacturer's certified calibration curves or data for the flow meter device used at the facility. 5. Conducting in-line flow meter calibration using a calibration simulator system provided or approved by the manufacturer to simulate flow conditions and output to instrumentation. Page 1 of 8 B. Instrument Calibration Instrument calibration must set the accuracy of the measuring and recording instrumentation by: 1. Testing at minimum, average, and maximum flows that represent actual daily flow conditions. 2. Conducting the calibration using appropriate procedures approved by a California Registered Professional Engineer. C. Calibration Frequency and Reporting Schedule 1. All calibrations must be performed in situ (with the meter installed where it will be used to measure industrial wastewater flow). 2. The calibration report, including all appropriate information and data, must be submitted to OCSD in accordance with the permit requirements and within 30 days following the calibration. IV. EFFLUENT FLOW METER MAINTENANCE OCSD requires permittees that operate effluent flow meters to have a program of regular maintenance to ensure proper operation of the meters and a continued minimum accuracy of ±5% which, as a minimum, includes: • All parts of the flow metering device that require cleaning should be cleaned on a monthly basis. • Accurate records of any cleaning or maintenance of the meter must be kept and made available upon the OCSD's request. V. CALIBRATION REPORT Permittee shall provide to OCSD all the calibration test and maintenance information accompanied by a certification of test results signed by the California Registered Professional Engineer performing the calibration and affixed with the engineer's current Registered Engineer stamp. The report shall also be certified by Permittee's responsible officer or designated signatory. Failure to provide the certification and all the information required accurately and completely will be a violation of permit conditions and may result in enforcement actions, including penalties for failure to report. Page 2 of 8 EFFLUENT FLOW METER CALIBRATION REPORT INSTRUCTIONS Company Information: The company name, sewer address, and mailing address as listed in the permit. 1. Effluent Flow Meter Location: • Select the appropriate meter location based on the schematics shown on the Effluent Flow Meter Location Form on Page 3. 2. Effluent Meter Description: • Check the appropriate box(es) to identify the type of flow meter. 3. Flow Measuring System Details: • Provide the effluent flow meter specification, including the size and brand of devices and range, instrument span and range, contact closure frequency, etc. and any additional information pertinent to the calibration. 4. Flows • Provide the average and the back flows used by the calibration engineer to determine the calibration flows. The flows must be the current maximum and average flows of the facility. The flow meter system must be tested at a minimum of three (3) different known flow rates, such as the actual, minimum, maximum, and average flow rates discharged. 5. Calibration Results: • Complete the hydraulic and instrumentation calibration results table. • Submit to OCSD a copy of all data collected, any calculations performed, and any other information pertinent to the calibration. 6. Method of Calibration: • Provide a complete and detailed description of the method of calibration, including a description of any special pieces of equipment used. • In case of an in -pipe flow meter, provide a description of the calibrator/simulator used. If the calibration is performed at the manufacturer's facility, Permittee must provide the name of the facility, address, contact person for the manufacturer, and telephone number. • Manufacturer's certified calibration curves or data, or recent laboratory curves or data, must be submitted for any manufactured flow metering device used to check the calibration of the flow monitoring system. • Comparison of the effluent flow monitoring system with incoming water meter readings is not acceptable as a valid calibration check. 7. Corrective Measures: • All effluent flow monitoring systems must indicate, record, and totalize within ±5% of the actual discharge flow rate. If the system does not perform within these limits, appropriate corrective action must be taken. Prior to any major system modifications, a description and plans, if necessary, of the proposed modifications shall be submitted to OCSD for acceptance. Any minor adjustments or parts replaced should be described in the report to OCSD. Page 3 of 8 EFFLUENT FLOW METER CALIBRATION REPORT Company Name.- ame:Discharge DischargeAddress: Mailing Address: 1. Meter Location [Use Meter Location Form (page 3) to identify location] ❑ a ❑ b ❑ c ❑ d ❑ Other: (Attach sketch) 2. Effluent Meter Description Open Channel A. Flume: B. Weir. ❑ Parshall Flume ❑ V -notch ❑ Palmer-Bowlus Flume ❑ Rectangular ❑ Trapezoidal ❑ Trapezoidal ❑ Other, Specify: ❑ Other, Specify: In-line ❑ Magnetic ❑ Propeller ❑ Ultrasonic ❑ Other, Specify: 3. Flow Metering System Details Permit No.: C. Other Description: Primary Element Secondary Element Size: Manufacturer: Manufacturer: Recorder's 100% span = GPM Totalizer Units: = Gallons per Count Sampling Signal Contact Closure Frequency: 1 closure per gallons discharged. 4. Current Facility Wastewater Discharge Rate to Sewer Determined by Calibration Engineer Average _ GPM Peak GPM Page 4 of 8 EFFLUENT FLOW METER CALIBRATION REPORT 5. Calibration Results Type of Calibration: ❑ Hydraulic ❑ Instrument Calibration System Existing Meter Error Flow Rate GPM Total Discharge Gallons Primary Element's Head Flow Rate GPM Indicator Recorder Total Discharge Gallons Recorder Totalizer A copy of all data collected and of any calculations performed must be attached to this form. 6. Method of Calibration (attach additional sheets if necessary) Hydraulic: (For in line flow meters describe calibration/simulator system) Instrument: 7. Corrective Measures (describe condition of flow meter prior to calibration and state if any adjustments were made) Page 5 of 8 EFFLUENT FLOW METER LOCATION FORM Industrial Process ❑ a. Effluent Sample IF Cooling Tower, Meter Point Boiler Blowdown, other dilution flows ❑ b Dili ws Industrial Sample Point Effluent Meter ❑ c.1Industria Process Dilution Flows Sample �, / Effluent Point Meter ❑ d. Industrial Process Dilution Flows Sample Effluent Point Meter ❑ Other Please provide a schematic of the location of the effluent flow meter Page 6 of 8 EFFLUENT FLOW METER MAINTENANCE RECORDS Company: Discharge Address: Mailing Address: Name of Responsible Person: Recorder's 100% Span: Type of Flow Meter: GPM Permit No.: Telephone No.: Totalizer: Gallons per Count Recorder Chart Change Frequency: ❑ Daily ❑ Weekly ❑ Monthly REGULAR CLEAING MAINTENANCE Primary Element Level Meas. Cleaned Equipment Cleaned Other (describe) Date By Page 7 of 8 CERTIFICATION OF CALIBRATION CHECK (Certification of Test Results by a California Registered Professional Engineer) I hereby certify that I am knowledgeable in the field of wastewater flow measurement and that I have supervised the calibration of the flow monitoring system as described on the previous page, and also have reviewed and approved all details of the method of calibration. I consider the calibration method and procedures used to be technically sound, and assume professional responsibility for the validity and accuracy of the results reported. (Signature) (Full Name - Permit Print or Type) (Calif. Professional Engineering Cert. No.) (Engineering Discipline) (Date) CERTIFICATION OF TEST RESULTS BY AN ADMINISTRATIVE OFFICIAL OF THE COMPANY (Company Name) (Permit No.) I hereby certify that the flow monitoring system certified as properly calibrated above is so arranged and operated, so as to accurately measure and record the industrial wastewater flow to the sewer system. (Signature) (Full Name - Permit Print or Type) (Administrative Position in Company) (Date) Page 8 of 8