HomeMy WebLinkAboutC-5988 - Agreement for Dry Weather Urban Runoff Discharge (Big Canyon)AMENDMENT NO. ONE
TO
AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE
(BIG CANYON)
THIS AMENDMENT NO. ONE ("Amendment No. One") is made and entered into
as of this 2S day of lil V V ► L , 2017 (the "Effective Date") by and between the
ORANGE COUNTY SANITATION DISTRICT, a county sanitation district ("OCSD"), and
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("CITY").
On December 9, 2014, OCSD and the CITY entered into an Agreement for Dry
Weather Urban Runoff Discharge (Big Canyon) ("Agreement"). All initially capitalized but
undefined terms in this Amendment will have the meanings ascribed to them in the
Agreement.
The Agreement contains provisions for the CITY's discharge of urban runoff from
the Big Canyon Drainage Area to OCSD's Sewerage System to meet water quality
objectives promulgated by the USEPA for selenium in the waters of the Newport Bay.
To further improve the water quality of the Newport Bay, the CITY proposes to
divert additional Dry Weather Urban Runoff from the middle portion of Big Canyon (the
"Mid Big Canyon Diversion") as shown on the full-color map attached to this
Amendment as Exhibit "A-1" illustrating a second drainage area designated "Drainage
Area 2".
OCSD is willing to accept the additional Dry Weather Urban Runoff from Drainage
Area 2 in accordance with its established Dry Weather Urban Runoff Policy, but only if
the maximum flow rate of the discharge to OCSD's Sewerage System will not result in a
surcharge of any local sewer and/or the Sewerage System, and only upon OCSD's
issuance of a separate Wastewater Discharge Permit for the Mid Big Canyon Diversion
location.
The parties therefore mutually agree to amend the Agreement as follows:
1. The definition of Drainage Area (as set forth in Recital A) is hereby amended to
add the area designated as Drainage Area 2 in Exhibit "A-1 ". Exhibit A to the Agreement
and Exhibit A-1 to this Amendment shall collectively be known as "Exhibit A".
2. Recital C is hereby amended by deleting the phrase "80,000 gallons per day" and
replacing it with 180,000 gallons per day'.
3. Section 2.1 is hereby amended to replace the phrase "a diversion structure" with
"up to two diversion structures".
Orange County Sanitation District - Amendment No. One Page 1
4. Section 3.0 is hereby amended by deleting the first sentence and replacing it with
the following sentence: "The CITY shall apply for a Wastewater Discharge Permit from
OCSD for each diversion structure."
5. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
Orange County Sanitation District - Amendment No. One Page 2
IN WITNESS WHEREOF, OCSD and CITY have each caused this Amendment
No. One to be executed in duplicate by its duly authorized representative.
ORANGE COUNTY SANITATION DISTRICT
By: '
James D. Herberg, Gen I Manager
Attest: I
A. ffire. Clerk df the Board
CN1�'L�]��I��i�
in
Kevin M000n, Mayor
Attest:
Leilani I" Brown, City Clerk
APPROVED AS TO FORM:
Lewis Brisbois Bisgaard & Smith LLP
By: �ilT b WWF
Special Counsel
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
By: /'
Aaron C. Harp, City Attorney o-13
Orange County Sanitation District - Amendment No. One Page 3
EXHIBIT "A"
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AGREEMENT FOR DRY WEATHER URBAN RUNOFF DISCHARGE
(BIG CANYON)
TV[ AGREEMENT T�ement") is made and entered into, to be
effective theday of 2014 (the "Effective Date"), by and between
the ORANGE COUNTY SANITATION DISTRICT ("OCSD"), a county sanitation district
1 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 from the Big
Canyon drainage area as shown on the map illustrating the boundaries of the drainage
area attached as Exhibit "A" ("Drainage Area"). Dry Weather Urban Runoff from the
Drainage Area is entering into the waters of the Upper Newport Bay. Environmental
investigations conducted in the Drainage Area have concluded that elevated selenium
concentrations in surface water, sediment, and biota may pose an ecological threat to
fish and wildlife that inhabit the area. In May 2000, the U.S. Environmental Protection
Agency ("USEPA") promulgated the California Toxics Rule ("CTR"), which included
water quality objectives for selenium. In 2002, USEPA promulgated Total Maximum
Daily Loads ("TMDLs") for toxic pollutants (including selenium) for the San Diego
Creek and Newport Bay watersheds. Although not explicitly referenced in USEPA's
selenium TMDLs, the Big Canyon drainage area is part of the Newport Bay watershed.
Selenium concentrations measured in surface waters in the Drainage Area
consistently exceed the CTR chronic criterion for selenium in freshwater (5
micrograms per liter). In order to meet water quality objectives promulgated by the
USEPA for selenium in both fresh and salt water, the City proposes to divert Dry
Weather Urban Runoff from the Drainage Area to the sanitary sewer system.
CITY has asserted that on the basis of the information currently available that it is
economically, technically and practically infeasible for the CITY to avoid the discharge
of selenium laden runoff from the Drainage Area to the Newport Bay, except by
diversion to sanitary sewers. CITY has therefore requested that OCSD accept the Dry
Weather Urban Runoff generated from the Drainage Area 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 and discharge of Dry Weather Urban Runoff from the Drainage Area
to OCSD's Sewerage System;
(2) compliance with all OCSD requirements relating to urban runoff
generated, collected and transported by CITY to OCSD's Sewerage System;
and
(3) all liability and damages associated with the urban runoff discharge
from the Drainage Area to OCSD's Sewerage System.
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C. CITY estimates that the volume of Dry Weather Urban Runoff generated,
collected and transported from the Drainage Area to OCSD could be approximately
80,000 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 the
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 discharges 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, a copy of which is
attached hereto as Exhibit "B" ("Dry Weather Urban Runoff Policy").
H. OCSD is willing to accept CITY's Dry Weather Urban Runoff from the
Drainage Area, provided that the discharge occurs in strict accordance with:
(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 which OCSD intends to issue to
CITY for such discharge, as such permit may be renewed or amended from
time to time by OCSD in accordance with OCSD's Dry Weather Urban Runoff
Policy;
(3) OCSD's Wastewater Discharge Regulations (OCSD-39) and other
ordinances, as such regulations may be established or amended from time to
time;
(4) this Agreement;
(5) procedures developed by OCSD addressing the discharge of Dry
Weather Urban Runoff to the Sewerage System, including but not limited to
procedures for the prevention of such discharges;
(6) any other applicable law and/or regulations governing the collection,
treatment and/or disposal of runoff; and
(7) any permits issued by regulatory agencies with jurisdiction over the
runoff or the OCSD's wastewater system and operations.
NOW, THEREFORE, OCSD and CITY agree as follows:
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1.0 Terms and Definitions. As used in this Agreement, the following terms
shall have the meanings set forth herein.
1.1 "Dry Weather" shall mean any period which does not fall within
the definition of Wet Weather.
1.2 "Dry Weather Urban Runoff' means surface runoff which is
generated on, or in, or flows from the Drainage Area during Dry Weather.
1.3 "Pollutants of Concern" shall mean pollutants identified on
Exhibit "C" 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 and/or monitoring pursuant to the Dry Weather Urban Runoff Policy.
1.4 "Pollutant Violation" shall mean the discharge at any time of any
Pollutant(s) of Concern, into the diversion system required herein to the Sewerage
System, which discharge is not in compliance with any condition, provision and/or
discharge limit set forth in the Wastewater Discharge Permit, OCSD's Ordinances or
this Agreement.
1.5 "Sewerage System" means the Sewerage System operated and
maintained by OCSD, including its collection, treatment and disposal facilities and all
additional similar facilities which may be installed or constructed subsequent to the
date of this Agreement.
1.6 "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 OCSD's Ordinances, Dry Weather Runoff Policy and this Agreement, shall govern
such discharge to the Sewerage System.
1.7 "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 Diversion System. CITY may discharge Dry Weather Urban Runoff from
the Drainage Area to OCSD's Sewerage System only in accordance with the terms of
this Agreement.
2.1 CITY has constructed and shall at all times maintain a fully
functioning diversion system acceptable to OCSD, which shall include facilities for
collection of Dry Weather Urban Runoff, a diversion structure, and facilities for
connection to OCSD's Sewerage System (collectively the "Big Canyon Diversion" or
"diversion system.") The Big Canyon Diversion system shall be capable of preventing
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all flow from entering into OCSD's Sewerage System. The diversion system shall be
operational prior to the discharge of any Dry Weather Urban Runoff from the Drainage
Area to the Sewerage System. The diversion system shall be equipped with a lockable
shut off device, satisfactory to OCSD, and to which OCSD shall be provided with
access at all times. CITY shall be responsible for closing all diversion system 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. 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 Ordinance No. OCSD-39, 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), OCSD shall
immediately terminate the authorization for Dry Weather Urban Runoff discharges. In
the event that CITY fails to shut off the flow to the Sewerage System during any Wet
Weather or Pollutant Violation event, OCSD shall be immediately entitled to close the
valves and shut off the flow to the Sewerage System. CITY shall have complete
responsibility for the construction, operation and maintenance of the diversion system
and all other associated facilities, including 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.
2.2 In conjunction with CITY's application for a Wastewater Discharge
Permit pursuant to Section 3, CITY shall submit to OCSD a proposed operation and
maintenance plan for the proposed diversion system through which CITY intends to
discharge Dry Weather Urban Runoff to the Sewerage System. The operations and
maintenance plan must demonstrate to the reasonable satisfaction of OCSD that the
Dry Weather Urban Runoff (1) shall not, alone or in conjunction with other discharges
to the Sewerage System, cause pass-through of debris and/or interference with
OCSD's Sewerage System, and (2) shall otherwise comply with all OCSD
requirements applicable to the proposed discharge.
2.3 The diversion system shall include equipment, satisfactory to
OCSD, capable of measuring and recording on a daily basis the Dry Weather Urban
Runoff flow discharged from the Drainage Area to the Sewerage System. At a
minimum, the effluent flow meter shall accurately measure the flow to within ±5% over
the expected range of flow, and be installed such that the component devices are
accessible for reading, inspection, maintenance, and calibration.
2.4 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 is occurring independent of any effort
OCSD undertakes to notify CITY of the commencement of Wet Weather events. The
discharge shall not resume until CITY has obtained OCSD approval for the resumption
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of the discharge or as otherwise specified in accordance with established OCSD
written procedures.
(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
17.2 herein.
2.5 CITY shall design the diversion system to prevent debris from
entering into the Sewerage System.
2.6 No later than CITY's submittal of an application for a Waste
Discharge Permit pursuant to Section 3, CITY shall submit a report, satisfactory to
OCSD, evaluating the feasibility of other disposal alternatives for reducing the volume
and otherwise disposing of the Dry Weather Urban Runoff, including, but not limited to
implementation of best management practices and pollution prevention techniques,
use of retention basins, use of best available technology, discharge of the runoff into
storm drains and reuse and reclamation of the runoff. The report shall provide an
analysis of each disposal alternative and demonstrate why each alternative is not
economically, technically and practically feasible to dispose of the Dry Weather Urban
Runoff in lieu of Sewerage System discharge. CITY shall consult with OCSD in
advance of preparation of this report in order to determine the scope of disposal
alternatives to be evaluated. OCSD may use the information in this report, as well as
information received by OCSD from other recognized industry or academic sources, to
establish further terms and conditions on which the discharge from the Drainage Area
to the Sewerage System may occur.
2.7 Concurrently with the submittal of the operation and maintenance
plan pursuant to Section 2.2, CITY shall submit to OCSD proposed best management
practices, best available technology options, and pollution prevention strategies
designed to minimize or eliminate Dry Weather Urban Runoff from the Drainage Area.
CITY shall implement the best management practices, best available technology and
pollution prevention strategies identified by OCSD in response to CITY's submittal,
including such practices and/or strategies that OCSD determines, now or in the future,
are appropriate in addition to those submitted by CITY. The failure of CITY to
implement such best management practices, best available technology and pollution
prevention strategies to the reasonable satisfaction of OCSD shall be grounds for
OCSD to terminate the right to discharge authorized by this Agreement. Compliance
with Best Management Practices and Best Available Technology of the NPDES Permit
issued by the Regional Water Quality Control Board - Santa Ana Region to City re
Best Management Practices and Best Available Technology, may be deemed
compliance with this Section.
2.8 If any part of the diversion system is located on property owned by
a person or entity other than CITY, CITY shall obtain and record an irrevocable
easement in favor of and in a form satisfactory to OCSD authorizing access by OCSD
employees to the diversion system at any time to ensure the proper operation,
61
maintenance and repair of the diversion system and compliance by CITY with all
requirements of this Agreement.
2.9 The Parties acknowledge that a small and incidental amount of
groundwater (i.e., underground springs, etc.) may mix with the Dry Weather Urban
Runoff and be discharged to OCSD's Sewerage System in accordance with this
Agreement. This does not include construction dewatering discharge.
3.0 Wastewater Discharge Permit. The CITY shall apply for a Wastewater
Discharge Permit from OCSD. Upon written notice to CITY, and after providing CITY
with a reasonable time to respond, OCSD shall have the authority in its sole discretion
to modify the terms, conditions and/or discharge limits set forth in the Wastewater
Discharge Permit or otherwise require additional management practices, pollution
prevention strategies and/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.
3.1 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.
3.2 Upon issuance of the Wastewater Discharge Permit, CITY shall
be authorized to discharge Dry Weather Urban Runoff through the diversion system
into the Sewerage System in accordance with this Agreement.
3.3 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.
4.0 Compliance with Dry Weather Urban Runoff Policy. CITY shall comply
with the requirements of OCSD's Dry Weather Urban Runoff Policy as such policy may
be periodically amended by OCSD.
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
thereto (including cost of defense, experts, settlement, and reasonable attorney fees),
which they may hereinafter incur, become responsible for or pay out as a result of
actions or omissions associated with activities related to this Agreement, including, but
not limited to (1) any Dry Weather and/or Wet Weather runoff associated in any
manner with the Drainage Area; 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 this Agreement.
t0^1
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 system
valves and prevent the discharge to the Sewerage System, but shall not apply to
(1) any active negligence of OCSD (unless such active negligence is alleged to have
occurred with respect to any OCSD action to render emergency assistance at the
diversion system facilities in the event of an operational malfunction or other problem
at such facilities) 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.
6.0 Quality and Quantity of Discharge. The quality and quantity of the Dry
Weather Urban Runoff from the Drainage Area shall meet all terms, conditions, and
discharge limits contained in OCSD's Wastewater Discharge Regulations, including
subsequent amendments thereto, and the Wastewater Discharge Permit referred to in
Section 3.0 herein.
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 quarterly 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 auxillary 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 diversion system shutoff
authorization set forth in Section 2.1, OCSD may take enforcement action for any
violation of the terms of the Wastewater Discharge Permit and/or OCSD's Ordinances,
which violation occurs prior to the shutoff, in accordance with the provisions of
Ordinance No. OCSD-39, including any subsequent amendments thereof or successor
ordinance thereto. For purposes of this Agreement, the Parties agree that the
discharge from the Drainage Area 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.
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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 and/or subsequent amendments thereof. 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, including City, and will be established at the Significant
Commercial -Industrial User rate pursuant to OCSD Ordinance No. OCSD-40 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-40, 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 and/or modify fees and charges applicable to the
discharge. In accordance with OCSD Ordinance Nos. OCSD-39 and OCSD-40 and
any other current or future OCSD ordinances, resolutions, regulations, rules and/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 the
discharge to the Sewerage System. City shall pay OCSD within 30 days of submittal
by OCSD of an invoice to City for such fees or charges.
10.0 Access to CITY Facilities. CITY shall provide OCSD employees with 24-
hour a day access to all facilities which CITY constructs, owns, operates and/or
maintains for collection, transport, treatment and/or disposal of the Dry Weather Urban
Runoff 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.
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11.0 Termination of Discharge. If OCSD determines that the Dry Weather
Urban Runoff, alone or in conjunction with other discharges, is adversely affecting or
threatening to adversely affect OCSD's Sewerage System or causing or threatening to
cause a violation of its National Pollutant Discharge Elimination System permit, OCSD
shall so notify CITY which shall immediately cease all discharge to the Sewerage
System.
11.1 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 Area to OCSD's Sewerage System shall be subject to such modified
policy, including a termination of the program of acceptance of Dry Weather Urban
Runoff.
12.0 Additional Requirements. CITY acknowledges that OCSD may request
implementation of additional management practices, pollution prevention strategies, or
treatment facilities to reduce the burden on the Sewerage System. CITY may offer an
alternative strategy, or plan, which accomplishes the same result for OCSD
consideration. If City determines not to provide such additional management practices,
pollution prevention strategies, or treatment facilities, then CITY shall provide written
notice to OCSD of such determination pursuant to Section 17.2 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.
13.0 CITY Reliance on Consultants. CITY shall rely on its own staff and/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.
14.0 Damage to OCSD's Sewerage System. As between OCSD and CITY,
CITY shall bear the entire cost of and shall reimburse OCSD for any and all costs
and/or expenses incurred by OCSD as a result of damage to the Sewerage System
from any Dry Weather or Wet Weather runoff associated in any manner with
diversions by CITY.
15.0 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.
16.0 Third Party Beneficiary. Nothing in this Agreement shall be construed to
create any rights or benefits in any third party to this Agreement.
17.0 General Provisions.
17.1 Authority to Enter Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and authority
to make this Agreement and bind each respective Party.
17.2 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
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: Environmental Compliance 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.
17.3 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.
10
17.4 Amendment, Modification. No supplement, modification or
amendment of this Agreement shall be binding unless executed in writing and signed
by the Parties.
17.5 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.
17.6 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.
17.7 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.
17.8 Time Is Of The Essence. Time is of the essence in this
Agreement, and the Parties agree to execute all documents and proceed with due
diligence to complete all covenants and conditions.
17.9 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original and which collectively shall constitute one
instrument.
17.10 Entire Agreement. This Agreement contains the entire agreement
between the Parties and supersedes any prior oral or written statements or
agreements between the Parties.
17.11 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.
17.12 Effect of Recitals. The Recitals above are deemed true and
correct, are hereby incorporated in this Section as though fully set forth herein, and
each Party to this Agreement acknowledges and agrees that such Party is bound by
the same.
17.13 Effective Date. This Agreement shall become effective on the
Effective Date. Notwithstanding the foregoing, no discharge of Dry Weather Urban
Runoff to OCSD's Sewerage System may occur prior to CITY obtaining a Wastewater
Discharge Permit pursuant to Section 3.0 herein.
11
IN WITNESS WHEREOF, OCSD and CITY have each caused this Agreement to be
executed by its duly authorized representative.
ORANGE COUNTY SANITATION DISTRICT
By: �c�/ l� 4� �
Janiies D. Herberg, Gen '4 Manager
Attest:
JM'A4yala, ria Eerk of the Board
CITY OF NEWPORT BEACH
By. �� i -0
Rush N. Hill II, Mayor
Attest:
APPROVED AS TO FORM: Lewis Brisbois Bisgaard & Smith LLP
By:K
SpecialtCounsel
APPROVED AS TO FORM: Attorney for City of Newport Beach
By-�5�,AA/L--
City Attorney
12
EXHIBIT "A"
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EXHIBIT "B"
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.
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.
B. 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-13-094
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 permittagreement
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 permittagreement 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
permit/agreement 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
permittagreement and the District's Ordinances.
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
Troy Edgir, Ch r
OSCD-13-09-7
EXHIBIT "C"
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
v
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Pollutants of Concern
Constituent
Metals
Analytical
Method
Method
Antimony
200.7, 200.8
Arsenic
200.7, 200.8
Beryllium
200.7, 200.8
Cadmium
200.7, 200.8
Total Chromium
200.7, 200.8
Copper
200.7, 200.8
Amenable Cyanide
Total Cyanide
4500
Lead
200.7, 200.8
Mercury
245.1, 1631E
Nickel
200.7, 200.8
Selenium
200.7, 200.8
Silver
200.7, 200.8
Thallium
200.7, 200.8
Zinc
200.7, 200.8
Nutrients and Inorganics
Nitrite nitrogen
Nitrate nitrogen
Ammonia
Total Kjeldahl Nitrogen
Organic nitrogen
Total Phosphorous (as P)
Sulfide (Dissolved)
Sulfide (Total)
Physical Tests
Biochemical oxygen demand, 5 -day @ 20"C (BODS)
Carbonaceous biochemical oxygen demand, 5 -day @ 20'C (CBODS)
Total suspended solids
pH
Oil and Grease
Settleable solids
Turbidity
Total chlorine residual
32
33
34
35
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
Volatile Organic Compounds, EPA Method 624
Method
Acrolein
624
Acrylonitrile
624
Benzene
624
Bromodichloromethane (Dichlorbromomethane)
624
Bromoform
624
Carbon Tetrachloride (Tetrachloromethane)
624
Chlorobenzene(Monochlorobenzene)
624
Chloroethane
624
2-Chloroethylvinyl Ether
624
Chloroform
624
2-Chlorotoluene
1,2 -Dichlorobenzene
624
1,3 -Dichlorobenzene
624
1,4 -Dichlorobenzene *
624
Dichlorobromomethane
624
Dichloroethane
624
1,1-Dichloroethane
624
1,2-Dichloroethane
1,1-Dichloroethylene or 1,1-Dichloroethene
624
trans-1,2-Dichloroethylene
624
1,2-Dichloropropane *
624
1,3-Dichloropropylene or1,3-Dichloropropene
624
Ethylbenzene
624
Methyl Bromide or Bromomethane
624
Methyl Chloride or Chloromethane
624
Methylene Chloride or Dichloromethane
624
N-Nitrosodimethylamine or NDMA
625
N-Nitrosodiphenylamine
625
N-Nitrosodi-n-propylamine
625
1,1,2,2 -Tetrachloroethane
624
Tetrachloroethylene
624
Toluene
624
Total Toxic Organics
1,2,4-Trichlorobenzene
625
1,1,1 -Trichloroethane or Methyl Chloroform
624
1,1,2 -Trichloroethane
624
Trichloroethylene or Trichloroethene
624
1,2,3-Trichloropropane (1,2,3 -TCP)
Vinyl Chloride (Chloroethylene)
624
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
Base/Neutral/Acid Semi -Volatile Compounds, EPA Method 625
Method
Acenaphthylene or Acenaphthene ***
625
Anthracene ***
625
Benzidine
625
Benzo(a)Anthracene (1,2 Benzanthracene) ***
625
Benzo(a)Pyrene ***
625
Benzo(b)Fluoranthene (3,4 Benzofluoranthene) ***
625
Benzo(g,h,i)perylene ***
625
Benzo(k)Fluoranthene ***
625
Bis(2-Chloroethoxy)methane
625
Bis(2-Chloroethyl)ether
625
Bis(2-Chloroisopropyl)ether
625
Bis(2-Ethylhexyl) phtha late
625
4-Bromophenyl phenyl ether
625
Butylbenzyl phthalate
625
2-Chloronaphthalene
625
2 -Chlorophenol
625
4-Chlorophenyl phenyl ether
625
Chrysene ***
625
Dibenz[a,h]anthracene ***
625
3,3'-Dichlorobenzidine
625
2,4-Dichlorophenol
625
Diethyl phthalate
625
2,4 -Dimethylphenol
625
Dimethyl phthalate
625
Di -n -butyl phthalate
625
Di-n-octylphthalate
625
2,4-Dinitrophenol
625
2,4-Dinitrotoluene
625
2,6-Dinitrotoluene
625
1,2-Diphenylhydrazine or Azobenzene
625
Fluoranthene
625
Fluorene ***
625
Hexachlorobenzene
625
Hexachlorobutadiene
625
Hexachlorocyclopentadiene
625
Hexachloroethane
625
Indeno(1,2,3-cd)pyrene ***
625
Isophorone
625
3 -Methyl -4 -chlorophenol (4-Chloro-3-methylphenol, Parachlorometa cresol)
625
2-Methyl-4,6-Dinitrophenol (Dinitro-2-methylphenol, 4,6-Dinitro-o-cresol)
625
Naphthalene ***
625
Nitrobenzene
625
2-Nitrophenol
625
4-Nitrophenol
625
Pentachlorophenol (PCP)
625
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
Base/Neutral/Acid Semi -Volatile Compounds, EPA Method 625
Method
Phenanthrene ***
625
Phenol
625
Pyrene ***
625
2,4,6 -Trichlorophenol
625
Organochlorine Pesticides and PCBs
Aldrin
608
a -BHC (a -Benzene Hexachloride)
608
b -BHC (b -Benzene Hexachloride)
608
g -BHC (Lindane)
608
6 -BHC
608
Chlordane $
608
4,4' -DDT
608
4,4' -DDE
608
4' -DDD
608
Dieldrin
608
Endosulfan (alpha)
608
Endosulfan (beta)
608
Endosulfan Sulfate
608
Endrin
608
Endrin Aldehyde
608
Heptachlor
608
Heptachlor Epoxide (BHC -Hexachlorocyclohexane)
608
Mirex
608
Pesticides
PCBs: Aroclors 1016, 1221,1232, 1242, 1248, 1254,1260 t
608
Toxaphene
608
Dioxin
CDD Equivalents
2,3,7,8-TCDD (Dioxin
1613
1613
Radionuclides, pCi/L Unless Noted Otherwise
Combined Radium -226 and Radium -228
Radium -226
903.0 or 903.1
Radium -228
904.0
Gross Alpha particle activity (incl. Radium -226, excl. Radon & Uranium)
900.0
Tritium
906.0
Strontium -90
905.0
Gross Beta particle activity
900.0
Uranium
908.0
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
vs
176
177
178
179
180
181
182
183
184
185
186
187
188
189
Constituents of Emerging Concern
Method
Hormones
4-androstene-3,17-dione
539
Equilin
539
17a -Ethynyl estradiol
1694, 1698
17a-Estradiol
1694, 1698
17b-Estradiol
1694, 1698
Estriol(16-a-hydroxyestradiol)
1694, 1698
Estrone
1694, 1698
Oxybenzone
1694,1698
Progesterone
1694, 1698
Testosterone
1694, 1698
Industrial Endocrine Disrupting Compounds (IEDCs)
Bisphenol A
1694, 1698
4-para-Nonylphenoi
1694,1698
Nonylphenol diethoxylate
1694, 1698
Nonylphenol monoethoxylate
1694, 1698
Octylphenol
1694, 1698
4-n-Octylphenoldiethoxylate
1694, 1698
Octylphenol monoethoxylate
1694, 1698
Pharmaceuticals and Personal Care Products (PPCPs)
Acetaminophen
1694, 1698
Azithromycin
1694, 1698
Caffeine
1694, 1698
Carbamazepine
1694, 1698
DEET
1694,1698
Erythromycin
1694, 1698
Fluoxetine hydrochloride
1694, 1698
Gemfibrozil
1694, 1698
Ibuprofen
1694,1698
Primidone
1694, 1698
Salicylic acid
1694, 1698
Sulfamethoxazole
1694, 1698
Triclosan
1694, 1698
Flame Retardants
BDE 28
1694, 1698
BDE 47
1694, 1698
BDE 100
1694, 1698
BDE 99
1694, 1698
BDE 85
1694, 1698
BDE 154
1694, 1698
BDE 153
1694, 1698
BDE 183
1694, 1698
BDE 209
1694, 1698