FROM: Robert Thompson, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
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TERMINATION OF CONFIDENTIALITY AND COMMON INTEREST AGREEMENT
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GENERAL MANAGER'S RECOMMENDATION
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RECOMMENDATION: Recommend to the Board of Directors to:
Approve and authorize the General Manager to execute the Termination of Confidentiality and Common Interest Agreement, by and among Orange County Sanitation District and the Santa Ana Watershed Project Authority; the Eastern Municipal Water District; the Inland Empire Utilities Agency, the Orange County Water District, the San Bernardino Valley Municipal Water District, and the Western Municipal Water District in a form approved by General Counsel.
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BACKGROUND
In January 2022, the Parties initiated a collaborative and predecisional study (Study) to advance and promote the Parties’ Common Interests in addressing and resolving the problems posed by Per- and Polyfluoroalkyl Substances (PFAS) contamination in the Santa Ana River Watershed (“Watershed”). A Confidentiality and Common Interest Agreement (“CCI Agreement”) was established to enable the Parties to investigate, pursue, and/or defend pending and potential claims relating to PFAS contamination.
As of March 2026, the Study prepared under the CCI Agreement has been completed except for a few minor non-substantive tasks. Further, the Parties have now determined it is appropriate to discuss some of the findings obtained through the Study with additional public agencies that operate within the Watershed and that may be impacted by the findings of the Study. Accordingly, and because the purposes of the CCI Agreement have largely been accomplished, the Parties mutually agree it is appropriate to terminate the CCI Agreement by executing this Termination Agreement.
RELEVANT STANDARDS
• Protect OC San assets
• Sustain 1, 5, 20-year planning horizons
• Listen to and seriously consider community input on environmental concerns
• Build brand, trust, and support with policy makers and community leaders
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and neighboring communities
• Meet volume and water quality needs for the GWRS
• Use all practical and effective means for resource recovery
PROBLEM
A CCI Agreement is currently in place, which prevents the Parties from discussing some of the findings obtained through the Study with regulators and additional public agencies that operate within the Watershed and that may be impacted by the findings of the Study.
PROPOSED SOLUTION
Staff recommend that the Board of Directors approve the Termination of the Confidentiality and Common Interest Agreement.
TIMING CONCERNS
The Parties would like to begin discussing some of the findings obtained through the Study with additional public agencies and regulators prior to the end of calendar year 2026 to support regulatory decision making and practical management solutions for PFAS.
RAMIFICATIONS OF NOT TAKING ACTION
The timely and regionally relevant data gathered from the Study cannot be shared with the regulators and public agencies that operate within the Watershed that are not a Party to the CCI Agreement.
PRIOR COMMITTEE/BOARD ACTIONS
January 2022 - Approved and authorized the General Manager to execute the Confidentiality and Common Interest Agreement by and among Orange County Sanitation District and the Santa Ana Watershed Project Authority (SAWPA); the Eastern Municipal Water District; the Inland Empire Utilities Agency, the Orange County Water District (OCWD), the San Bernardino Valley Municipal Water District, and the Western Municipal Water District (collectively referred to as the “Parties”) to develop a regional approach to treating or otherwise remediating the surface and ground waters and reclaimable wastewaters in the Santa Ana River Basin that have been, or are threatened to be, contaminated by per- and polyfluoroalkyl substances (collectively, “PFAS”).
ADDITIONAL INFORMATION
N/A
CEQA
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FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:
• Termination of Confidentiality and Common Interest Agreement
• Confidentiality and Common Interest Agreement