File #: 2023-2694    Version: 1 Name:
Type: Non-Consent Status: Passed
File created: 12/8/2022 In control: BOARD OF DIRECTORS
On agenda: 12/15/2022 Final action: 12/15/2022
Title: PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND ELIMINATION SYSTEM (NPDES) PERMIT FEES
Sponsors: Lan Wiborg
Attachments: 1. Agenda Report
FROM: James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services

SUBJECT:

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PAYMENT OF ANNUAL NATIONAL POLLUTANT DISCHARGE AND ELIMINATION SYSTEM (NPDES) PERMIT FEES
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GENERAL MANAGER'S RECOMMENDATION

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RECOMMENDATION:

Approve payment of $828,779 for the annual National Pollutant Discharge Elimination System (NPDES) ocean discharge permit fees for Fiscal Year 2022-2023.

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BACKGROUND

Under the Clean Water Act, the Orange County Sanitation District (OC San) lawfully discharges treated wastewater into the Pacific Ocean under its NPDES ocean discharge permit which is jointly administered by the Santa Ana Regional Water Quality Control Board (RWQCB) and the USEPA. In accordance with Sections 13260 and 13269 of the California Water Code, an annual fee is required to maintain this permit. The fee is based on OC San's facility design flow.

On December 6 2022, OC San received an invoice from the State Water Resources Control Board (SWRCB) in the amount of $828,779 for fiscal year 2022-2023. This amount is approximately a 4% increase from fiscal year 2021-2022.

RELEVANT STANDARDS

* Comply with environmental permit requirements
* 24/7/365 treatment plant reliability
* California Water Code Sections 13260 & 13269

PROBLEM

OC San is required by California Water Code Sections 13260 and 13269 to pay an annual fee to maintain our ocean discharge permit.




PROPOSED SOLUTION

Approve payment of the annual NPDES ocean discharge permit fees in the amount of $828,779 as invoiced by the SWRCB for Fiscal Year 2022-2023.

TIMING CONCERNS

If the invoice is not paid in a timely manner, OC San may be subject to late fees.

RAMIFICATIONS OF NOT TAKING ACTION

If payment is delayed, OC San would be subject to penalties under provisions of the Water Code Section 13261. These actions could include daily penalties in addition to the fee or other actions deemed appropriate by RWQCB.

PRIOR COMMITTEE/BOARD...

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