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;
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(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."
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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;
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(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.
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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.
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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
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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.
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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.
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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.
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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
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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