Return to Compliance,The Long and Winding Road
Return to Compliance,The Long and Winding Road
Michael MurrayAssociate Engineer
Deon CarricoSource Control Inspector II
Orange County Sanitation District(OCSD)February 2004
OCSD’s Permitting and Enforcement ProgramOCSD’s Permitting and Enforcement Program The OCSD currently has 404 Class I Wastewater
Discharge Permits issued to industries in the County
By definition, a Class I permit is issued when: A Company’s business operations are federally (EPA)
regulated; i.e. Metal Finishing (40 CFR 433)
Or:
A company is discharging 25,000 gallons or more a day of industrial wastewater, and/or has pollutants of concern in their wastewater; in this case, a local limit, or CSDOC permit is issued
The OCSD currently has 404 Class I Wastewater Discharge Permits issued to industries in the County
By definition, a Class I permit is issued when: A Company’s business operations are federally (EPA)
regulated; i.e. Metal Finishing (40 CFR 433)
Or:
A company is discharging 25,000 gallons or more a day of industrial wastewater, and/or has pollutants of concern in their wastewater; in this case, a local limit, or CSDOC permit is issued
PermitsPermits
Out of 404 Class I permits, 222 are issued to industries with Metal Finishing or Electro Plating operations
Out of 404 Class I permits, 222 are issued to industries with Metal Finishing or Electro Plating operations
SamplingSampling
At a minimum, with a Metal Finishing or Electroplating permit, the OCSD inspects and samples the industry for heavy metals on a quarterly basis
The industry is also tasked with conducting self-monitoring for heavy metals quarterly
At a minimum, with a Metal Finishing or Electroplating permit, the OCSD inspects and samples the industry for heavy metals on a quarterly basis
The industry is also tasked with conducting self-monitoring for heavy metals quarterly
EnforcementEnforcement
An enforcement program begins for an industry when they incur a violation, either by the OCSD’s sampling or their own self-monitoring
A Notice of Violation letter is mailed, and directs either OCSD or the industry to resample their industrial wastewater within 30 days of the date of the letter
An enforcement program begins for an industry when they incur a violation, either by the OCSD’s sampling or their own self-monitoring
A Notice of Violation letter is mailed, and directs either OCSD or the industry to resample their industrial wastewater within 30 days of the date of the letter
Enforcement (cont.)Enforcement (cont.)
Other ways to initiate the enforcement program is through the inspection process by either OCSD or another outside agency; i.e. the Regional Board/Storm Drains, Fire Department, etc.
Other ways to initiate the enforcement program is through the inspection process by either OCSD or another outside agency; i.e. the Regional Board/Storm Drains, Fire Department, etc.
Enforcement (cont.)Enforcement (cont.)
Depending on the severity of the violations, the OCSD may present the case to the Orange County District Attorney’s (DA) office for criminal prosecution
The State Department of Toxic Substances Control and its Title 22 limits for hazardous waste is used as a guideline
OR:
Depending on the severity of the violations, the OCSD may present the case to the Orange County District Attorney’s (DA) office for criminal prosecution
The State Department of Toxic Substances Control and its Title 22 limits for hazardous waste is used as a guideline
OR:
Enforcement (cont.)Enforcement (cont.)
The OCSD will immediately issue an Order to Cease Noncompliant Discharge, followed by a Probation Order or Enforcement Compliance Schedule Agreement
Probation Orders are used for corrective actions that can be implemented within 90 days. The ECSA is used for longer, and more detailed corrective action timelines for industries to return to compliance
The OCSD will immediately issue an Order to Cease Noncompliant Discharge, followed by a Probation Order or Enforcement Compliance Schedule Agreement
Probation Orders are used for corrective actions that can be implemented within 90 days. The ECSA is used for longer, and more detailed corrective action timelines for industries to return to compliance
Enforcement (cont.)Enforcement (cont.)
In most non-criminal cases, the OCSD will also issue an Administrative Complaint, which would assess fines per day in violation of the industries permit limits.
In most non-criminal cases, the OCSD will also issue an Administrative Complaint, which would assess fines per day in violation of the industries permit limits.
Returning to Compliance; The Long and Winding RoadReturning to Compliance; The Long and Winding Road
“The Good, The Bad, and The Ugly”
The following three cases were investigated and prosecuted by the OCSD, and criminal charges were filed by the DA’s office, and all occurred within the past 5 years
“The Good, The Bad, and The Ugly”
The following three cases were investigated and prosecuted by the OCSD, and criminal charges were filed by the DA’s office, and all occurred within the past 5 years
The “Good”The “Good”
Company “A” was hit with one of the largest fines and criminal charges ever handed out to a private industry
Over $100,000 was paid by Company “A” to various agencies involved for their costs and efforts investigating the case. Criminal convictions were finalized two years after a raid conducted by the DA’s office and OCSD
Company “A” was hit with one of the largest fines and criminal charges ever handed out to a private industry
Over $100,000 was paid by Company “A” to various agencies involved for their costs and efforts investigating the case. Criminal convictions were finalized two years after a raid conducted by the DA’s office and OCSD
The “Good” (cont.)The “Good” (cont.)
Within a month after the “raid”, OCSD imposed a Probation Order on Company “A”, which required:
Upgrades to their pretreatment system (PTS)
The installation of a documented Operations and Maintenance (O&M) program for the PTS
Within a month after the “raid”, OCSD imposed a Probation Order on Company “A”, which required:
Upgrades to their pretreatment system (PTS)
The installation of a documented Operations and Maintenance (O&M) program for the PTS
The “Good” (cont.)The “Good” (cont.)
The hiring of wastewater treatment operators with a minimum Grade I CWEA certification level to cover all shifts of operation,
Submittal of a bi-monthly status report on the above items
The hiring of wastewater treatment operators with a minimum Grade I CWEA certification level to cover all shifts of operation,
Submittal of a bi-monthly status report on the above items
The “Good” (cont.)The “Good” (cont.)
The OCSD also revised Company “A’s” permit to require daily self-monitoring sampling for three metals, and pH
The OCSD also revised Company “A’s” permit to require daily self-monitoring sampling for three metals, and pH
Company “A” Responded by…Company “A” Responded by…
Upgrading their PTS with a batch treatment system and electrocoagulation system
Implementing the PTS O&M program
Hiring one new operator, by the 3-month deadline. Company “A” asked for an extension for hiring more operators due to difficulties in finding qualified candidates, which the OCSD accepted
Upgrading their PTS with a batch treatment system and electrocoagulation system
Implementing the PTS O&M program
Hiring one new operator, by the 3-month deadline. Company “A” asked for an extension for hiring more operators due to difficulties in finding qualified candidates, which the OCSD accepted
The “Good” (cont.)The “Good” (cont.)
Company “A” incurred more metals violations approximately 6-months after the Probation Order. Most of the violations were caused by PTS equipment malfunctions
Company “A” incurred more metals violations approximately 6-months after the Probation Order. Most of the violations were caused by PTS equipment malfunctions
The “Good” (cont.)The “Good” (cont.)
Nine months after the probation order, Company “A” switched to a sulfide-based metals precipitation chemistry for the PTS, with good success. No violations have occurred since the change in chemistry; over two-and-a-half years
Nine months after the probation order, Company “A” switched to a sulfide-based metals precipitation chemistry for the PTS, with good success. No violations have occurred since the change in chemistry; over two-and-a-half years
The “Good” (cont.)The “Good” (cont.)
Two more Grade I wastetreatment operators were hired to cover the remaining shifts
The OCSD downstreamed Company “A” to verify continued compliance more than a year after the initial raid, and found no violations
Two more Grade I wastetreatment operators were hired to cover the remaining shifts
The OCSD downstreamed Company “A” to verify continued compliance more than a year after the initial raid, and found no violations
The “Bad” (or not so good)The “Bad” (or not so good)
Company “B” was initially caught discharging spent chemicals directly into the industrial wastewater sampling point, and bypassing treatment, during a routine OCSD sampling event
Company “B” was initially caught discharging spent chemicals directly into the industrial wastewater sampling point, and bypassing treatment, during a routine OCSD sampling event
The “Bad” (cont.)The “Bad” (cont.)
The OCSD responded with an Order to Cease Noncompliant Discharges, followed by a Probation Order which directed Company “B” to conduct a wastewater characterization study, install batch treatment, and submit updated facility and PTS drawings and progress reports on a monthly basis
The OCSD responded with an Order to Cease Noncompliant Discharges, followed by a Probation Order which directed Company “B” to conduct a wastewater characterization study, install batch treatment, and submit updated facility and PTS drawings and progress reports on a monthly basis
The “Bad” (cont.)The “Bad” (cont.)
Company “B’s” permit was also revised to weekly self-monitoring for three heavy metals and pH
Company “B’s” permit was also revised to weekly self-monitoring for three heavy metals and pH
The “Bad” (cont.)The “Bad” (cont.)
Company “B” responded by purchasing a new continuous PTS system (~$50k) and instituted wastehauling for some of the spent process solutions (~$30k)
New wastewater treatment operators were also hired during this time period
Company “B” responded by purchasing a new continuous PTS system (~$50k) and instituted wastehauling for some of the spent process solutions (~$30k)
New wastewater treatment operators were also hired during this time period
The “Bad” (cont.) The “Bad” (cont.)
An Administrative Complaint settlement agreement was reached with Company “B” and OCSD after the initial Probation Order
No criminal charges were filed with the DA’s office
An Administrative Complaint settlement agreement was reached with Company “B” and OCSD after the initial Probation Order
No criminal charges were filed with the DA’s office
The “Bad” (cont.)The “Bad” (cont.)
Unfortunately, Company “B” began having violations again approximately one year after the initial bust
Faulty operation of the new PTS equipment was cited, plus a lack of batch treatment for spent process solutions was noted by OCSD
Unfortunately, Company “B” began having violations again approximately one year after the initial bust
Faulty operation of the new PTS equipment was cited, plus a lack of batch treatment for spent process solutions was noted by OCSD
The “Bad” (cont.)The “Bad” (cont.)
A compliance meeting was held between the OCSD and company “B” a few months after these violations. OCSD mandated that company “B” immediately install and operate a batch treatment system for all spent chemicals and discontinue “bleeding” this chemistry into the PTS
The OCSD also mandated that any further violations would result in a one-week suspension of Company “B’s” permit
A compliance meeting was held between the OCSD and company “B” a few months after these violations. OCSD mandated that company “B” immediately install and operate a batch treatment system for all spent chemicals and discontinue “bleeding” this chemistry into the PTS
The OCSD also mandated that any further violations would result in a one-week suspension of Company “B’s” permit
The “Bad” (cont.)The “Bad” (cont.)
Since the meeting, Company “B” has instituted batch treatment of all spent chemicals, and has had no more violations over the last four months
Weekly self-monitoring remains in place, and probably will continue for some time
Since the meeting, Company “B” has instituted batch treatment of all spent chemicals, and has had no more violations over the last four months
Weekly self-monitoring remains in place, and probably will continue for some time
The “Ugly”The “Ugly”
Company “C” is a case where the OCSD’s enforcement actions ultimately did not bring the company back into compliance for any meaningful length of time
Intentional deception by Company “C” eventually enabled the OCSD to seek the help of the Fire Department to close down the building and business
Company “C” is a case where the OCSD’s enforcement actions ultimately did not bring the company back into compliance for any meaningful length of time
Intentional deception by Company “C” eventually enabled the OCSD to seek the help of the Fire Department to close down the building and business
The “Ugly” (cont.)The “Ugly” (cont.)
The enforcement program started out with severe concentration violations for many heavy metals over a span of two to three months by OCSD sampling
The enforcement program started out with severe concentration violations for many heavy metals over a span of two to three months by OCSD sampling
The “Ugly” (cont.)The “Ugly” (cont.)
Due to the severity, the OCSD turned over the case to the DA’s office, who prosecuted the owner of Company “C” for illegal discharge of hazardous waste into the sewer system
Upon conviction, the owner was hit with fines and placed on probation
Due to the severity, the OCSD turned over the case to the DA’s office, who prosecuted the owner of Company “C” for illegal discharge of hazardous waste into the sewer system
Upon conviction, the owner was hit with fines and placed on probation
The “Ugly” (cont.)The “Ugly” (cont.)
Due to the low volume nature of the discharge, Company “C” decided to go “close loop”, or zero discharge, in order to avoid further penalties and sanctions by OCSD
The OCSD issued a conditional agreement, which accepted zero discharge, but allowed continued inspections of Company “C”
Due to the low volume nature of the discharge, Company “C” decided to go “close loop”, or zero discharge, in order to avoid further penalties and sanctions by OCSD
The OCSD issued a conditional agreement, which accepted zero discharge, but allowed continued inspections of Company “C”
The “Ugly” (cont.)The “Ugly” (cont.)
A little over a year after the agreement, the OCSD caught Company “C” discharging industrial wastewater once again, and in violation of the DA’s first probation order
This bust resulted in a second arrest of Company “C’s” owner
A little over a year after the agreement, the OCSD caught Company “C” discharging industrial wastewater once again, and in violation of the DA’s first probation order
This bust resulted in a second arrest of Company “C’s” owner
The “Ugly” (cont.)The “Ugly” (cont.)
The OCSD then contacted the Orange County Health Department to begin a remediation assessment of the property, plus help monitor activities at Company “C”
The OCSD then contacted the Orange County Health Department to begin a remediation assessment of the property, plus help monitor activities at Company “C”
The “Ugly” (cont.)The “Ugly” (cont.)
The OCSD also notified the Fire Department of possible code violations within Company “C’s” building
After a Fire Department inspection, OCSD met with the Fire Department and the building owner / landlord.
The OCSD also notified the Fire Department of possible code violations within Company “C’s” building
After a Fire Department inspection, OCSD met with the Fire Department and the building owner / landlord.
The “Ugly”, A Finitum:The “Ugly”, A Finitum:
The meeting resulted in the eviction of Company “C” due to the code violations
The remediation of the property was also conducted after Company “C” was evicted
The meeting resulted in the eviction of Company “C” due to the code violations
The remediation of the property was also conducted after Company “C” was evicted
Questions?Questions?Mike Murray(714) 593-7412Source Control [email protected]
Mike Murray(714) 593-7412Source Control [email protected]
Orange County Sanitation DistrictOrange County Sanitation Districtwww.ocsd.comwww.ocsd.comOrange County Sanitation DistrictOrange County Sanitation Districtwww.ocsd.comwww.ocsd.com
Deon Carrico(714) 593-7415Source Control [email protected]
Deon Carrico(714) 593-7415Source Control [email protected]
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