FROM: James D. Herberg, General Manager
Originator: Lan Wiborg, Director of Environmental Services
SUBJECT:
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SETTLEMENT AGREEMENT WITH ASEPTIC TECHNOLOGY, LLC
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GENERAL MANAGER'S RECOMMENDATION
recommendation
RECOMMENDATION: Recommend to the Board of Directors to:
Authorize the General Manager to execute a Settlement Agreement to settle industrial wastewater discharge enforcement matters with Aseptic Technology, LLC, a facility that discharged without a valid Orange County Sanitation District permit, for $185,000 plus applicable fees and interest, in a form approved by General Counsel.
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BACKGROUND
Orange County Sanitation District's (Sanitation District) pretreatment program is responsible for controlling discharges to the sewer from industrial users in the Sanitation District's service area. Certain facilities are required to be issued wastewater discharge permits in accordance with the U.S. Clean Water Act and the Sanitation District's Wastewater Discharge Regulations (Ordinance No. OCSD-53).
On June 18, 2019, the Sanitation District informed Aseptic Technology, LLC (Aseptic), an industrial discharger located in Yorba Linda, that the Sanitation District intended to initiate administrative proceedings against the company for non-compliance. This was based on the Sanitation District's determinations that for at least 37 days, from April 1, 2019 through June 17, 2019, Aseptic had discharged industrial wastewater without a valid discharge permit, in violation of the Ordinance.
Aseptic has operated a beverage and dietary supplements manufacturing operation located at 24855 Corbit Place, Yorba Linda, CA, 92887, since 2013. In January 2016, due to a delinquency in making timely payments for user charges, the Sanitation District Board of Directors approved a 12-month payment agreement with Aseptic in the amount of $199,228.03. Aseptic made timely payments in accordance with the agreement and completed the 12-month schedule in January...
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