FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
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USP TECHNOLOGIES INDEMNIFICATION AGREEMENT
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GENERAL MANAGER'S RECOMMENDATION
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RECOMMENDATION:
Approve an Indemnification Agreement with USP Technologies and the Orange County Sanitation District concerning the potential claimed violation of material patents in a form approved by General Counsel.
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BACKGROUND
The Orange County Sanitation District (OC San) operates and maintains a regional wastewater collection system to convey flows from local agencies to its two treatment plants. Wastewater naturally produces corrosive and odorous hydrogen sulfide gas as organic matter decays. Continuous chemical dosing in strategic locations of the collection system, in conjunction with spot slug dosing of caustic soda, inhibits the formation of hydrogen sulfide and other odorous gases.
OC San contracts with service providers to provide chemicals and equipment to continuously dose its trunk sewers with these chemicals. OC San has developed a methodology to dose three different chemicals: ferrous chloride, calcium nitrate, and magnesium hydroxide which work together to regulate the hydrogen sulfide formation. The ratio of the chemicals used can be adjusted based on unit price of the commodity and needs of specific sewer locations. OC San applied for and received a patent for this specific three chemical dosing method.
Evoqua Water Technologies (Evoqua) has a similar patented process using a two-chemical combination of calcium nitrate and magnesium hydroxide for sewer system odor control. Evoqua sells a calcium nitrate chemical called CAN-9 for use in this patented application which is provided to OC San through USP Technologies. Evoqua is the only supplier of the CAN-9 product and requires its use under its own two chemical patent.
RELEVANT STANDARDS
* Protect OC San assets
* 12 or fewer odor complaints per year under n...
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