HomeMy WebLinkAboutIS014_HANS DICKMAN BOATYARD I54, <
❑ 500 newport center drive, suite 525
• newport beach, california 92660
phone (714) 640.6363
❑ 2927 newbury street, suite c
Uma berkeley, california 94703
phone(415) 841.6840
LARRY SEEMAN ASSOCIATES, INC.
to 3�
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INITIAL STUDY Os a
REDEVELOPMENT OF c �°
HANS DICKMAN BOATYARD
IFILE CC U
DO NOT REMOVE
PREPARED FOR
BEACH
'• 3300YNEEWPORTPORT BOULEVARD
NEWPORT BEACH, CA 92663
PREPARED BY
LARRY SEEMAN ASSOCIATES, INC.
500 NEWPORT CENTER DRIVE, SUITE 525
NEWPORT BEACH, CA 92660
(714) 640-6363
• OCTOBER 24, 1979
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INTRODUCTION
PURPOSE OF STUDY
This initial study has been prepared in order to assist the City of
Newport Beach in assessing the individual and cumulative impacts of the
proposed redevelopment of the Hans Dickman Boatyard,,, This study addresses
all of the areas where the project could potentially have a significant
impact on the environment.
• This study has been prepared in accordance with the requirements of
the State Guidelines and the City of Newport Beach.
PROJECT LOCATION
The proposed project is located on the southeast corner of Lafayette
• Avenue and 30th Street, in the Cannery Village area of Newport Beach. The
site fronts on the Rhine Channel , south of the Cannery Restaurant. The
project location is shown on Figure 1 .
PROJECT DESCRIPTION
• The site is the historic location of the Hans Dickman Boatyard. , -The
proposed project would continue the use of the site as a boat yard but would
require the demolition of all existing structures and facilities and the
construction of new structures and facilities. Specifically, the proposed
project would include a new building which would be somewhat larger than the
existing building (with a partial second story) . A new bulkhead would be
-• constructed along the U.S. Bulkhead Line, and the existing marine railways
would be replaced by a marine elevator. The capacity of the boat yard would
be increased by approximately one-third.
PERMITS
• The proposed project would require a use permit, a grading permit, a
harbor permit, an Army Corps of Engineers permit and a Coastal Commission
permit.
•
�. FIGURE 1 2
PROJECT LOCATION
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• ENVIRONMENTAL ANALYSIS
This study focuses on six issues which potentially could be impacted
by the proposed project. These issues include land use, demolition,
bulkhead construction, water quality, circulation and access, and parking.
LAND USE
Existing Conditions. The site is located in Cannery Village, an area, of
mixed commercial , light industrial , marine, and visitor-serving facilities.
• The site itself has been used for many years as a boat yard. Major uses in';the
immediate vicinity of the site include the Bank of Newport, the Cannery
Restaurant, the Snug Harbor Restaurant, various retail outlets, and a marine
contractors yard. .
The site is designated on the land use element of the General Plan as a
• mixture of Recreation/Marine Commercial and Industrial . The General Plan
calls for the development of a Specific Plan for the Cannery Village. There
have been several studies completed in the area; but no plan has yet been
adopted. The zoning for the site is M-i .
Impacts. Tha proposed project includes as a primary use, the continuation
• of the existing boat yard. This is consistent with the General Plan and Zoning
for the site and will not adversely impact adjacent uses. The applicant pro-
poses to provide additional walkway adjacent to the water and a view area
where-people could watch the activities in the boat yard. This project would
enhance the marine character of the Rhine Channel area and would preserve
much needed marine services.
• A secondary use for the project includes approximately 1000 feet of office
space on the second floor of the structure. Provided that this office space is
used for marine related purposes, it is also consistent with the General Plan
and Zoning. 1'he' office space will however, require a use permit in the M-1
zone.
Mitigation Measures. None are required.
DEMOLITION AND CONSTRUCTION
Existing Conditions. The site is immediately adjacent to the Rhine
• Channe whic because of its relatively poor water circulation has generally
poor water quality. - In addition, debris collects at the end of the channel ,
and while this is not a serious environmental problem, it is aesthetically
unpleasing.
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Impacts. All of the existing structures will be demolished and removed
from the site and new structures constructed. During the demolition process
and subsequent construction, there is the potential for debris and pollutants
to be spilled into the bay. This is a normal condition adjacent to the bay
and the potential impacts can be readily mitigated.
Mitigation Measures. The following mitigation measure is recommended:
1. During demolition and construction activities, debris zviU be
prevented from entering the bay through the use of traps and
containment booms in a manner satisfactory to the Community
• DeveZopment and Marine departments.
BULKHEAD CONSTRUCTION
Existing Conditions. The site is primarily developed with marine
railways and is therefore not bulkheaded. There are small non-structual
• bulkheads along portions of the waterway.. Properties on both sides are
fully bulkheaded, although the bulkhead to the south is not built out on
the Bulkhead Caine.
Even though the site is not currently bulkheaded, the ramps are concrete
and no inter tidal zone exists on the site.
• Impacts. Representatives of the State Department of Fish and Game.
(Richard Nitsos) , the Federal Fish and Wildlife Service (Jack Farcher) ,
and the Nation Marine Fisheries Service (Robert Hoffman) have reviewed
the project on-site with members of the City staff. Due to the absence
of any inter-tidal zone and the assumed levels of heavy metals in the
vicinity of the boat yard, it was generally agreed that the proposed
bulkhead would .not have a significant effect provided that the bulkhead
is located behind the Bulkhead Line so that there would be no reduction •
in the water volume of the Rhine' Channel .
Figure 2 shows the proposed project, with the bulkhead at the
• Bulkhead Line'between 30th Street and the marine elevator. This configur-
ation would maximize boat repair area but would not be acceptable to the
Fish and Wildlife Services. Figure 3 shows Alternative A with the proposed
bulkhead angled between the existing bulkhead at 30th Street and the existing
bulkhead to the south. Because of the area to be dredged for the marine
elevator, this configuration would be acceptable to the Fish and Wildlife.
• Services, but would severely reduce the land area available for boat .
servicing.
FIGURE 2 5
PROPOSED PROJECT
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NEWPORT BAY PROPOSED
MAR [-NE
PROPOSED eELEVATOR
BULKHEAD
U. S . BULKHEAD .LINE
3
• 0 10 20 30 60
LAFAYETTE AVE.
FIGURE 3 6
ALTERNATIVE A
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NEWPORT BAY
PROPOSED .
MARINE
PROPOSED '- - ~ ELEVATOR
BULKHEAD
U.S. LKHEAD _LINE
O
• o 10 zo ao so LAFAYETTE AVE .
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In order to resolve the-conflict between boat repair area and water
volume in the Rhine Channel ,' LSA prepared Alternative B (Figure 4) which
shows the bulkhead setback from,but parallel to,the Bulkhead Line between"
the marine elevator and 30th Street. This maximizes the service area and
provides the same water volume as Alternative A.
Mitigation Measures. The following mitigation is recommended:
2. The project will be redesigned in accordance with Alternative B
(Figure 4) and resubmitted to the appropriate agencies for
approval.
• WATER QUALITY
Existing Conditions. As mentioned above, the Rhine Channel has poor
water circulation and limited flushing action. Previous water sampling
studies have indicated that the water quality in the Rhine Channel is
poor. Low levels of dissolved oxygen, concentrations of heavy metals, lack
of clarity., and floating debris are the primary problems in the channel .
It is assumed that there is a heavy concentration of heavy metals in the
immediate vicinity of the existing boat yard from marine paints and petro-
leum product-uses in operating and maintaining the vessels using the yard.
• Impacts. Construction and demolition impacts, and the potential re-
duction in water volume in the channel have been discussed above. There-
fore, this section will address the impacts of operating the new yard.
Any boat yard operation, because of the nature of the operation and its
• proximity to the bay, poses potential water quality problems. Because of
the design of the existing facilities, with the concrete ramps leading to '
the water, it is difficult to prevent pollutants from entering the channel . -
The proposed -project; with the flat work area and surrounding bulkhead,
represents a significant improvement from a water quality perspective.
.Runoff can be controlled and pollutants and debris cleaned up prior to
entering the bay.
Mitigation Measures. The following mitigation measures are recommended:
3. The applicant will maintain the site in a clean and orderly manner
and will provide for periodic debris collection and disposal.
• 4. The applicant and the City will explore the feasibility and
desirability of providing a drain connection to the sewer system.
The drain would be designed and located to allow for the periodic
"washing down" of the work area without adversely impacting the
-water quality of the Rhine Channel.
•
FIGURE 4 B
ALTERNATIVE B
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NEWPORT BAY PROPOSE-D .
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-- M,A.RI N E
PROPOSED -- ! - - — �- ELEVATOR
BULKHEAD -
U.S.- BULKHEAD LINE
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` 0 10 20 ao so LAFAYETTE AVE .
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CIRCULATION, ACCESS, AND PARKING
The following analysis is based on a study prepared by William Kunzman
and Associates.
• Existing Conditions. The site is located on the southeast corner of
Lafayette Avenue and 30th Street. Lafayette Avenue is one-way northbound
with one travel lane and parking on both sides. The, existing boat yard
provides vehicular access from Lafayette..Avenue:
Thirtieth Street has been constructed as a 15 foot wide half-street
• which serves as a loading area for adjacent sites.
IMPACTS.
Traffic Generation. The traffic generation of the proposed project will
be minimal . Office land use generates 13 trips per day per 1000 square feet.
The modification to the boat yard will probably not increase traffic genera-
tion of that which exists today for this site. The total additional generation
will be 10 to 20 trips per day which •is insignificant, and in fact undetec-
table on the street system.'
Garage Access 'to 30th Street. The proposed plan shows a primary access
• point on Lafayette Avenue, but also shows access to four garage spaces from
30th Street. To provide garage access to the boat yard via this street poses
several problems. Discussions with the City Traffic Engineer reveals that
the. minimum width enabling garage access is normally 20 feet. The 15 foot
width will also not 'accommodate two-way traffic, which will result with the
garage accessing 30th Street. Lastly, the 15 foot width will not provide
• sufficient turning radius for vehicles turning into the garages. To enable
sufficient turning radius for vehicles parking, stalls approximately 11 feet
wide will be required: For* the City to allow garage access, three variances
will be required according to the City Traffic Engineer. First, a variance
is needed to allow access to' a 15 foot street. Second, a variance is needed
to allow two-way traffic on a 15 foot street. Third, a variance is needed
• to allow oversized parking spaces.
Parking Requirements. . Parking requirements call for four spaces per
thousand square feet of office. Determining parking needs for the boat yard
is difficult, but six spaces appears adequate. There are four employees,
and six spaces allow two visitor spaces beyond the employee parking needs.
If sufficient spaces are not provided on-site, the result will be
on-street parking. On-street parking is currently a problem in the general
area, and additional on-street parking will add to the problem.
10
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♦ The best alternate to the 30th Street garage spaces appears to be addi-
tional on-site spaces accessed from Lafayette Avenue, although this would
probably reduce the boat service area.
Mitigation Measures. The following mitigation measure is recommended:
• 5. The garage access from 30th Street should be eliminated. if addi-
tional spaces can be provided from Lafayette Avenue without reducing
the boat service area, they should be required. Otherwise, the City
shouZd consider waving a portion of the parking requirement.
•
•
•STATE OF CALIFORNIA—RESOURCES AGENCY . • EDMUND G. BROWN 1R, Gov,rnor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD—
SANTA• ANA REGION o,, so�)v
6809 INDIANA AVENUE, SUITE 200 ' RO".\o`?`e
RIVERSIDE, CALIFORNIA 92506 6 ```Oq�,pc2�g'fgr' _
PHONE: (714)'684-9330 S
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July 10, 1979 L
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Environmental Protection Agency - Permits Branch
U. S. Army District, Los Angeles - Corps of Engineers - Permits Section
NOAA, National Marine Fisheries Service
U. S. Fish and Wildlife Service
State Water Resources Control Board, Chris Sproul , Legal Division
State Department of Water Resources
State Department of Fish and Game - Marine Resources Region
State Department of Health Services - Los Angeles
State Coastal Zone Conservation Commission, South Coast Region
Orange County Flood Control District
Orange County Water Pollution Department
Orange County Health Department
City of Newport Beach ✓
Gentlemen:
Enclosed is tentative Order No. 79-131, NPDES No. CA 0105864, which contains
requirements for the discharge of wastes into the waters of the United States
by Balboa Boat Yard.
These requirements are scheduled for consideration at the Board's August 31,
1979, meeting. Your comments are requested to be available prior to
August 9, 1979.
If there are any questions, please contact Mr. Mohinder Sandhu of this office.
Sincerely,
Original Signed By
JAMES W. ANDERSON
Executive Officer
Enclosure: Tentative Order No. 79-131
cc: Kay S. Ceniceros
MSS:pk
California Regional Water Quality Control Board
Santa Ana Region
August 31, 1979
ITEM:
SUBJECT: Waste Discharge Requirements for Balboa Boat
Yard, Order No. 79-131 (NPDES No. CA 0105864) ,
Orange County.
DISCUSSION:
Balboa Boat Yard was previously operated as Blackie's
Boat Yard under a different ownership. The waste
discharge requirements for the former Blackie's Boat
Yard are currently contained in Order No. 75-144. The
above change in ownership necessitates revision of
Order No. 75-144.
The boat yard operation results in wastes consisting
primarily of marine organisms and paint residues. The
site is maintained in a broom cleaned condition and all
wastes are disposed of at a solid waste disposal site.
The treated boat washing water is discharged to Lower
Newport Bay. Settled solids from a treatment sump are
periodically removed and disposed of along with other
solid wastes.
The beneficial uses of Lower Newport Bay include
navigation, water contact recreation, ocean commercial
and sport fishing, marine habitat, and shellfish
harvesting.
The control procedures outlined in the proposed require-
ments should be adequate to protect the beneficial uses
of the receiving waters.
This order also rescinds Order No. 75-144, NPDES No.
CA 0105864.
RECOMMENDATION:
Adopt Order No. 79-131, NPDES No. CA 0105864, as
presented.
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California Regional Water Quality Control Board
Santa Ana Region
ORDER N0. 79-131
NPDES No. CA 0105864 O
Waste Discharge Requirements
for
Balboa Boat Yard
Orange County
The-California Regional Water Quality Contro�ard, Sa a Ana Region (here-
inafter-Board) , finds that:
1. Balboa Boat Yard (hereinafter sc rge submitted application
No. CA 0105864 for a permit to sch under the National
Pollutant Discharge Elimination System on May 23, 1979.
2. The waste discharge fromVaatyard
ty is currently covered under
requirements contained in75-144. A change in owner-
ship requires revisioR of75-144.
W
Wastes are dischar a fro o eration into Ne ort Ba ,
3. WP �•'P Y
a Water of the U d tes, at .a point in Section 33, T6S, R10W,
SBB&M.
4. The Board ad g a Wate Quality Control Plan on April 11, 1975.
The Plan c s ater quality objectives and beneficial uses of
Newport
5. The re ui em ontained in this order are necessary to imple-
ment e at�rality Control Plan.
6. Th ne cipuses of Lower Newport Bay include:
Navi tion,
Water contact recreation,
can commercial and sport fishing,
rive habitat,
Sh
c.e. ell€ishh harvesting.
7. Effluent limitations, national standards of performance, and toxic
and pretreatment effluent standards established pursuant to
Section 208(b) , 301, 302, 303(d) , 304, 306, and 307 of the Federal
Water Pollution Control Act and amendments thereto are applicable
to discharge at Discharge Point 001.
8. The Board has notified the discharger and interested agencies and
persons of its intent to prescribe'waste discharge requirements
for the discharge and has provided them with an opportunity for a
public hearing and an opportunity to submit their written views
and recommendations.
0
Order No. 79-131 (NPDES No. CA 0105864) - continued Page 2
Balboa Boat Yard
9. The Board, a P g in public meeting, heard and considered all comments
pertaining to the discharge.
10. The issuance of these waste discharge requirements is exempt from
the provisions of the California Environmental Quality Act (Public
Resources Code, Section 21000 ,et sdq.) in accordance with Section
15079, Chapter 3, Title 14, California Administrative Code.
11. This order shall serve as a National Pollutant Discharge Elimina-
tion System permit pursuant .to Section 402 of the Federal Water
Pollution Control Act or amendments thereto and shall become
effective 10 days after date of its adoption provided the
Regional Administrator, Environmental Protection Agency, has no
objection. If the Regional Administrator objects to its issuance,
the permit shall not become effective until such objection is
withdrawn.
IT IS HEREBY ORDERED that Balboa Boat Yard, in order to meet the provisions
contained in Division 7 of the California Water Code and regulations adopted
thereunder and the provisions of the Federal Water Pollution Control Act and
regulations and guidelines adopted thereunder, shall comply with the
following:
A. Receiving Water Limitations
This discharge shall not cause a violation of any applicable water
quality standard for receiving waters adopted by the Regional Board or
the State Water Resources Control Board as required by the Federal
Water Pollution Control Act and regulations adopted thereunder. If
more stringent applicable water quality standards are promulgated or
approved pursuant to Section 303 of the Federal Water Pollution Control
Act, or amendments thereto, the Board will revise and modify this order
in accordance with such more stringent standards.
B. Provisions
1. Neither the treatment nor the discharge of pollutants shall create
a nuisance or pollution as defined in the California Water Code.
2. This order includes the enclosed "Standard Provisions and Reporting
Requirements" with the exception of the following items: A.4., 6,
11, and 18; B.I. through 5; C.1. through 4, 7, and 9-; D.2., 3, 4,
and 6; and E.1. through 7.
3. This order includes Monitoring and Reporting Program No. 79-131.
4. The discharger shall maintain the work areas in "broom cleaned"
conditions at all times. The broom cleaned wastes shall include,
but not be limited to, trash, scale, rust, paint chips, spent
sandblasting abrasive, paint, marine growths, and oil and grease.
Order No. 79-131 (NPDES No. CA 0105864) - continued Page 3
Balboa Boat Yard
5. This order expires on August 1, 1984, and the discharger must file
a report of waste discharge in accordance with Title 23, California
Administrative Code, not later than 180 days in advance of such
date as application for issuance of new waste discharge require-
ments.
6. In the event of any change in control or ownership of land or
waste discharge facilities presently owned or controlled by the
discharger, the discharger shall notify the succeeding owner or
operator of the existence of this order by letter, a copy of which
shall be forwarded to this Board.
7. This order also rescinds Order No. 75-144 (NPDES No. CA 0105864) ,
the previous requirements for this boatyard.
I, James W. Anderson, Executive Officer, do hereby certify the foregoing is a
full, true, and correct copy of an order adopted by the California Regional
Water Quality Control Board, Santa Ana Region, on August 31, 1979.
JAMES W. ANDERSON
Executive Officer
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
August 31, 1979
STANDARD PROVISIONS AND REPORTING REQUIREMENTS
A. General Provisions
1. The requirements prescribed herein do not authorize the commission
of any act causing injury to the property of another, nor protect
the discharger from his liabilities under federal, state, or local
laws, nor guarantee the discharger a capacity right in the
receiving waters.
2. The discharger shall permit the Regional Board and the Environmental
Protection Agency:
a. Entry upon premises in which an effluent source is located or
in which any required records are kept;
b. Access to copy any records required to be kept under terms and
conditions of, this order;
C. Inspection of monitoring equipment or records; and
d. Sampling of any discharge.
3. All discharges authorized by this order shall be consistent with
the terms and conditions of this order. The discharge of any
pollutant more frequently than or at a level in excess of that
identified and authorized by this order shall constitute a
violation of the terms and Conditions of this order.
4. The discharger's wastewater treatment plant shall be supervised and
operated by persons possessing certificates of appropriate grade
pursuant to Chapter 3, Subchapter 14, Title 23, California Adminis-
trative Code.
5. The discharger shall maintain in good working order and operate as
efficiently as possible any facility or control system installed by
the discharger to achieve compliance with the waste discharge
requirements.
6. Collected screening, sludges, and other solids removed from liquid
wastes shall be disposed of in the manner approved by the Executive
Officer of the Regional Board.
7. After notice and opportunity for a hearing, this order may be
terminated or modified for cause, including, but not limited to:
-4-
a. Violation of any term or condition contained in this order;
b. Obtaining this order by misrepresentation, or failure to
disclose fully all relevant facts;
C. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
8. If a toxic effluent standard or prohibition (including any schedule
of compliance specified in such effluent standard or prohibition)
is established under Section 307(a) of the Federal water Pollution
Control Act, or amendments thereto, for a toxic pollutant which is
present in the discharge authorized herein and such standard or
prohibition is more stringent than any limitation upon such
pollutant in this order, the Board will revise or modify this order
in accordance with such toxic effluent standard or prohibition and
so notify the discharger.
9. If more stringent applicable water quality standards are approved
pursuant to Section 303 of the Federal water Pollution Control Act,,
or amendments thereto, the Board will revise and modify this order
in accordance with such more stringent standards.
10. The provisions of this order are severable, and if any provision of
this order, or the application of any provision of this order, or
the application of any provisions of this order to any circumstance,
is held invalid, the application of such provision to other circum-
stances, and the remainder of this order shall not be affected
thereby.
11. Safeguard to electric power failure:
a. The discharger shall maintain in good working order an
- alternate power source sufficient to protect the waste-
water treatment and disposal facilities; or if such
alternate power source is not in existence, the
discharger shall
b. halt, reduce, or otherwise control all discharges upon
the reduction, loss, or failure of the primary source
of power.
-5-
12. Any diversion from or bypass of facilities necessary to maintain
compliance with the terms and conditions of this order is prohibited,
except (a) where unavoidable to prevent loss of life or severe
property damage, or (b) where excessive storm drainage or runoff
would damage any facilities necessary for compliance with the
effluent limitations and prohibitions of this order. The discharger
shall promptly notify the Board and the Regional Administrator of
EPA in writing of each such diversion or bypass.
13. Except for data determined to be confidential under Section 308 of
the Federal Water Pollution Control Act, all reports prepared in
accordance with terms of this order shall be available for public
inspection at the offices of the Regional Water Quality Control
Board and the Regional Administrator of EPA. As required by the
Federal Water Pollution Control Act, effluent data shall not be
considered confidential. Knowingly making any false statements on
any such report may result in the imposition of criminal penalties
as provided for in Section 309 of the Act and Section 13387 of the
California Water Code.
14. The discharger shall take all reasonable steps to minimize any
adverse impact to receiving waters resulting from noncompliance
with any effluent limitations specified in this order, including
such accelerated or additional monitoring as necessary to determine
the nature and impact of the noncomplying discharge.
15. In the event of any change in control or ownership of land or waste
discharge facility presently owned or controlled by the discharger,
the discharger shall notify the succeeding owner or operator of the
existence of this order by letter, a copy of which shall be
forwarded to this Board.
16. The discharger shall ensure compliance with any existing or future
pretreatment standard promulgated by EPA under Section 307 of the
Federal Water Pollution Control Act or amendments thereto for any
discharge to the municipal system.
17. The discharge of any radiological, chemical, or biological warfare
agent or high level radiological waste is prohibited.
18. The discharger shall require each industrial user to submit periodic
notice (over intervals not to exceed nine months) of progress toward
compliance with applicable toxic and pretreatment standards
developed pursuant to the Federal Water Pollution Control Act or
amendments thereto. The discharger shall forward a copy of such
notice to the Board and the Regional Administrator.
B. Provisions for Monitoring
1. Water quality analyses shall be performed in accordance with the
latest edition of "Guidelines Establishing Test Procedures for
Analysis of Pollutants", promulgated by the U. S. Environmental
Protection Agency.
2. Chemical, bacteriological, and bioassay analyses shall be conducted
at a laboratory certified for such analyses by the State Department
of Health.
-6-
3. The laboratory which performs the sample analyses must be identified
in all monitoring reports submitted to the Regional Board Executive
Officer and the Regional Administrator (EPA) .
4. Effluent samples shall be taken downstream of the last addition of
waste to the treatment or discharge works where a representative
sample may be obtained prior to mixing with the receiving waters.
5. All monitoring instruments and devices used by the discharger to
fulfill the prescribed monitoring program shall be properly
maintained and calibrated as necessary to ensure their continued
accuracy.
C. General Reporting Requirements
1. The discharger shall submit to the Board on or before each compliance
report date, a report detailing his compliance or noncompliance with
the specific schedule date and task.
If noncompliance is being reported, the reasons for such noncompli-
ance shall be stated plus an estimate of the date when the discharger
will be in compliance. The discharger shall notify the Board by
letter when he has returned to compliance with the time schedule.
2. In the event the discharger does not comply or will be unable to
comply with any prohibition, daily maximum effluent limitation, or
receiving water limitation of this order for any reason, the
discharger shall notify the Executive Officer by telephone
(714)684-9330 as soon as he or his agents have knowledge of such
noncompliance, and shall confirm this notification in writing
within two weeks. The written notification shall state the nature,
time, and cause of noncompliance and shall describe the measures
being taken to' prevent recurrences.
3. This Board requires the discharger to file with the Board within
ninety (90) days after the effective date of this order a technical
report on his preventive (failsafe) and contingency (cleanup) plans
for controlling accidental discharges and for minimizing the effect
of such events. The technical report should:
a. Identify the possible sources of accidental loss, untreated
waste bypass, and contaminated drainage. Loading and storage
areas, power outage, waste treatment outage, and failure of
process equipment, tanks, and pipes should be considered.
b. Evaluate the effectiveness of present facilities and procedures
and state when they became operational.
Describe facilities and procedures needed for effective
preventive and contingency plans.
C. Predict the effectiveness of the proposed facilities and
procedures and provide an implementation schedule containing
interim and final dates when they will be constructed, imple-
mented, or operational. (Reference: Sections 13267(b) and
13268, California Water Code.)
-7-
s �
This Board, after review of the technical report, may establish
conditions which it deems necessary to control accidental
discharges and to minimize the effects of such events. Such
conditions may be incorporated as part of this order, upon
notice to the discharger.
4. Monitoring reports shall be submitted on forms to be supplied by the
Board to the extent that the information reported may be entered on
the forms. The results of all monitoring required by this order
shall be reported to the Board, and shall be submitted in such a
format as to allow direct comparison with the limitations and
requirements of this order. Unless otherwise specified, discharge
flows shall be reported in terms of the 30-day average and the daily
maximum discharge flows.
5. The discharger shall file with the Board a report of waste discharge
at least 120 days before making any material change or proposed
change in the character, location, or volume of the discharge.
6. The results of any analysis of samples taken more frequently than
required at the locations specified in the Monitoring and Reporting
Program shall be reported to the Board.
7. The discharger shall file a written report with the Board within
ninety (90) days after the average dry-weather waste flow for any
month equals or exceeds 75 percent of the design capacity of his
waste treatment and/or disposal facilities. The discharger's
senior administrative officer shall sign a letter which transmits
that report and certifies that the policy-making body is adequately
informed about it. The report shall include:
a. Average daily flow for the month, the date on which the
peak flow occurred the rate of that peak flow,
instantaneousp �
and the total flow for the day.
b. The discharger's best estimate of when the average daily
dry-weather flow rate will equal or exceed the design capacity
of his facilities.
C. The discharger's intended schedule for studies, design, and
other steps needed to .provide additional capacity for his
waste treatment and/or disposal facilities before the waste
flow rate equals the capacity of present units. (Reference:
Sections 13260, 13267(b), and 13268, California Water Code.)
d. If required to have a source control program, the discharger
shall send an annual report of the effectiveness of that
program to the Regional Board's Executive Officer. This_ report
Is a part of the annual report due by January 30 under
Reporting Requirements for Monitoring - 2. Such report shall
contain at least the information outlined in the State Water
Resources Control Board's "Guidelines for Determining the
Effectiveness of Local Source Control Programs."
8. The discharger shall notify the Board not later than 180 days in
advance of implementation of any plans to alter production capacity
of the product line of the manufacturing, producing, or processing
-8-
facility by more than 10 percent. Such notification shall include
estimates of proposed production rate, the type of process, and
projected effects on effluent quality. Notification shall include
submittal of a new report of waste discharge and appropriate
filing fee.
9. The discharger shall notify the Board of (a) new introduction into
such works of pollutants from a source which would be a new source,
as defined in Section 306 of the Federal Water Pollution Control
Act, or amendments thereto, if such source were discharging pollu-
tants to the waters of the United States; (b) new introductions of
pollutants into such works from a source which would be subject to
Section 301 of the Federal Water Pollution Control Act, or amend-
ments thereto, if it were discharging such pollutants to the waters
of the, United States; (c) a substantial change in the volume or
character of pollutants being introduced into such works by a
source introducing pollutants into such works at the time the waste
discharge requirements were adopted. Notice shall include a
description of the quantity and quality of pollutants and the
impact of such change on the quantity and quality of effluent from
such publicly owned treatment works. A substantial change in volume
is considered an increase of 10 percent in the mean dry-weather flow
rate. The discharger shall forward a copy of such notice directly
to the Regional Administrator.
D. Reporting Requirements for Monitoring
1. For every item of monitoring data where the requirements are not met,
the discharger shall submit a statement of the actions undertaken or
proposed which will bring the discharge into full compliance with
requirements at the earliest time, and shall submit a timetable for
such corrective actions. The discharger shall submit such informa-
tion, in writing, within two weeks of becoming aware of noncompliance.
2. By January 30 of each year, the discharger shall submit an annual
report to the Board. The report shall contain both tabular and
graphical summaries of the monitoring data obtained during the
previous year. In addition, the discharger shall discuss the
compliance record and the corrective actions taken or planned which
may be needed to bring the discharge into full compliance with the
waste discharge requirements.
3. The discharger shall maintain records of all sampling and analytical
results, including strip charts; the date, exact place, and time
of sampling; the analysts name; analytical techniques used; and
results of all analyses. Such records shall be retained for a
minimum of three years. This period of retention shall be extended
during the course of any unresolved litigation regarding this
discharge or when requested by the Board. Monitoring results shall
be submitted on forms provided by the Board.
4. The discharger shall file with the Board technical reports on
self-monitoring work performed according to the detailed specifica-
tions contained in any Monitoring and Reporting Program as directed
by the Executive Officer.
-9-
5. All reports shall be signed by:
a. In the case of corporations, by a principal executive officer
at least of the level of vice president or his duly authorized
representative, if such representative is responsible for the
overall operation of the facility from which the discharge
originates;
b. In the case of a partnership,, by a general partner;
C. In the case of a sole proprietorship, by the proprietor;
d. In the case of a municipal, state, or other public facility;
by either a principal executive officer, ranking elected
official, or other duly authorized employee.
6. The discharger shall submit to the Board, by January 30 of each year,
an annual summary of the quantities of all chemicals listed by both
trade and chemical names which are used for cooling and/or boiling
water treatment and which are discharged.
7. The discharger shall mail a copy of each monitoring report on the
appropriate form to be supplied by the Board and any other reports
required by this order to:
a. California Regional Water Quality Control Board
Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, CA 92506
b. A copy of such monitoring report for those discharges
designated as a major discharge shall be mailed to:
Regional Administrator
Environmental Protection Agency
Region IX, Attention: ENCMB
215 Fremont Street
San Francisco, CA 94105
E. Definitions
1. The daily discharge rate is obtained from the following calculation
for any calendar day:
Daily discharge rate (lbs/day) 8N34 ' E Qi Ci
Daily discharge rate (kg/day) = 3N78 E Qi Ci
1
in which N is the number of samples analyzed iu any calendar day.
Qi and Ci are the flow rate (MGD) and the constituent concentration
(mg/1) respectively, which are associated with each of the N grab
-10-
samples wh• may be taken in any calendar
y. If a composite
sample is taken, Ci is the concentration measured in the composite
sample and Qi is the average flow rate occurring during the period
over which samples are composited.
2. The "30-day, or 7-day, average" discharge is the total discharge by
weight during a 30, or 7, consecutive calendar day period, respec-
tively, divided by the number of days in the period that the
facility was discharging. Where less than daily sampling is
required by this permit, the 30-day, or 7-day, average discharge
shall be determined by the summation of all the measured discharges
by weight divided by the number of days during the 30, or 7,
consecutive calendar day period when the measurements were made.
If fewer than four measurements are made during a 30, or 7-day,
consecutive calendar day period, then compliance or noncompliance
with the 30, or 7, day average discharge limitation shall not be
determined.
For other than 7-day or 30-day periods, compliance shall be based
upon the average of all measurements made during the specified
period. If fewer than four measurements are made during the
period, compliance shall be based upon the last four consecutive
samples.
3. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. The "30-day, or 7-day, average" concentration, other than for fecal
or total coliform bacteria, is the arithmetic mean of measurements
made during a 30, or 7, consecutive calendar day period, respec-
tively. The "30-day, or 7-day, average" concentration for fecal or
total coliform bacteria is the geometric mean of measurements made
during a 30, or 7, consecutive calendar day period, respectively.
The geometric mean is the nth root of the product of n numbers.
if fewer than four measurements are made during a 30, or 7,
consecutive calendar day period, then compliance or noncompliance
with the 30, or 7, day average concentration limitation shall not
be determined.
5. The "maximum daily" concentration is defined as the measurement
made on any single grab sample or composite sample.
6. A "grab" sample is defined as any individual sample collected in
less than 15 minutes.
7. A composite sample is defined as a combination of no fewer than
eight individual samples obtained over the specified sampling
period. The volume of each individual sample shall be propor-
tional to the discharge flow rate at the time of sampling. The
compositing period shall equal the specific sampling period, or
24 hours, if no period is specified.
.-11-
8. An "industry" is defined as any facility identified in the Standard
Industrial Classification Manual, 1972, Office of Management and
Budget, as amended and supplemented, under the following divisions:
a. Division A - Agriculture, Forestry, and Fishing;
b. Division B - Mining;
C. Division D - Manufacturing;
d. Division I - Services.
A facility in the divisions listed may be excluded if it is deter-
mined by the Board that it introduces primarily domestic wastes or
wastes from sanitary conveniences.
9. "Prohibited wastes" are any of the following wastes which shall not
be introduced into the treatment works:
a. Wastes which create a fire or explosion hazard in the
treatment works;
b. Wastes which will cause corrosive structural damage to
treatment works, but, in no case, wastes with a pH lower
than 5.0 unless the works are designed to accommodate
such wastes;
C. Solid or viscous wastes in amounts which would cause
obstruction to the flow in sewers or other interference
with the proper operation of the treatment works; or
d. Wastes at a flow rate and/or pollutant discharge rate
which is excessive over relatively short time periods so
that there is a treatment process upset and subsequent
loss of treatment efficiency.
-12-
California Regional Water Quality Contro Boa
Santa Ana Region
Monitoring and Reporting Program o. 79-131
for
Balboa Boat Yard/\
NPDES No. CA 01 86
1. The discharger shall submit repor certifying
either compliance or ompliance with all
conditions of the Wa er Po on Control Plan.
If noncompliance is r o the reasons for
such noncompliance sha a toted.
2. The discharge all su t a log stating the
volume and t e o wastes and name and address
of waste h er or h waste originating from
the boat ing p'ration".
3. All re orts shall be submitted on a quarterly
has by the la t day of January, April,-July, *
and ctAijZer. These reports shall be signed by a
r s s ompany official or a duly
tk� rize mployee and submitted under penalty
Ordered by
n JANES W. ANDERSON
[vi Executive Officer
August 31, 1979
-13-
r
STATE OF CALIFORNI/—RESOURCES AGENCY EDMUND G BROWN 1R, Go.�rno.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD-
SANTA ANA REGION ,'
6809 INDIANA AVENUE, SUITE 200 ', '�'
RIVERSIDE, CALIFORNIA 92506 m• .
PHONE: (714) 654-9330
July 10, 1979
Environmental Protection Agency - Permits Branch
U. S. Array District, Los Angeles - Corps of Engineers - Permits Section
NOAA, National Marine Fisheries Service
U. S. Fish and Wildlife Service
State Water Resources Control Board, Chris Sproul , Legal Division
State Department of Water Resources
State Department of Fish and Game - Marine Resources Region
State Department of Health Services - Los Angeles
State Coastal Zone Conservation Commission - South Coast Region
Orange County Flood Control District
Orange County Water Pollution Department
Orange County Health Department
City of Newport Beach✓
Gentlemen:
Enclosed is tentative Order No. 79-132, NPDES No. CA 0106569, which contains
requirements for the discharge of wastes into waters of the United States by
Robinson Development Company dba Larson Shipyard.
These requirements are scheduled for consideration at the Board's August 31,
1979, meeting. Your comments are requested to be available prior to August 9,
1979.
If there are any questions, please contact Mr. Mohinder Sandhu of this office.
Sincerely,
Original Signed By
JAMES W. ANDERSON
Executive Officer
Enclosure: Tentative Order No. 79-132
cc: Kay S. Ceniceros
MSS:pk
r
California Regional Water Quality Control Board
Santa Ana Region
August 31, 1979
ITEM:
SUBJECT: Waste Discharge Requirements for Robinson
Development Company (dba Larson Shipyard) ,
Order No. 79-132 (NPDES No. CA 0106569),
Orange County.
DISCUSSION:
Robinson Development Company currently discharges wastes
from its operation of the Larson Shipyard. The boatyard
operation results in wastes consisting primarily of
marine organism residues and paint scrapings. The site
is maintained in a broom cleaned condition and the wastes
are disposed of at a solid waste disposal site.
The discharger has submitted a Water Pollution Control
Plan for the proposed installation of a clarifier for the
removal of settleable matter from the operation. The
proposed requirements include a time schedule for full
implementation of the proposed Water Pollution Control
Plan.
The boatyard operation is located in Lower Newport Bay
area: The beneficial uses of Lower Newport Bay include
navigation, water contact recreation, ocean commercial
and sport fishing, marine habitat, and shellfish
harvesting. The control procedures outlined in the
proposed requirements should be adequate to protect the
beneficial uses of the receiving waters.
RECOMMENDATION:
Adopt Order No. 79-132, NPDES No. CA 0106569, as
presented.
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California Regional Water Quality Control Board
Santa Ana Region
ORDER NO. 79-132
NPDES No. CA 0106569
Waste Discharge Requirements
for
Robinson Development Compan
(dba Larson Shipyard)
Orange County
The California Regional Water Quality Cont o oard, nta Ana Region (here-
inafter Board), finds that:
1. Robinson Development Company ( ein r discharger) submitted
application No. CA 0106569 for a permit to discharge waste from
its Larson Shipyard unde the. 'o al Pollutant Discharge
Elimination System on May 1979
2. Wastes are discharge romtyard operation into Lower
Newport Bay, a wat �o the n' ed States, in a portion of
Section 28, T6S; , SBB&M.
3. The Board adopt W er, uality Control Plan on April 11, 1975.
The Plan co water a n a s lity objectives and beneficial uses of
Newport Bay.
4. The requ4 ained in this order are necessary to imple-
ment t1y�Wa Quality Control Plan.
5. The nei ses of Lower Newport Bay include:
vi ton,
Wat ontact recreation,
Ocea commercial and sport fishing,
d. Marine habitat,
ellfish harvesting.
6. Eff uent limitations, national standards of performance, and toxic
and pretreatment effluent standards established pursuant to
Section 208(b) , 301, 302, 303(d) , 304, 306, and 307 of the Federal
Water Pollution Control Act and amendments thereto are applicable
to discharge at Discharge Point 001.
7. The issuance of these waste discharge requirements is exempt from
the provisions of the California Environmental Quality Act (Public
Resources Code, Section 21000 et seq.) in accordance with the
California Administrative Code, Title 14, Section 15079.
Order No. 79-132 (NPDES No. CA 0106569) - continued Page 2
Robinson Development Company (dba Larson Shipyard)
8. The discharger has submitted a Water Pollution Control Plan which
proposes that the boat cleaning and painting areas will be kept
broom cleaned. In addition, a clarifier will be installed to
prevent settleable solids from the boatyard operation from
entering Newport Bay.
9. The Board has notified the discharger and interested agencies and
persons of its intent to prescribe waste discharge requirements
for the discharge and has provided them with an opportunity for a
public hearing and an opportunity to submit their written views
and recommendations.
10. The Board, in a public meeting, heard and considered all comments
pertaining to the discharge.
11. This order shall serve as a National Pollutant Discharge Elimina-
tion System permit pursuant to Section 402 of the Federal Water
Pollution Control Act or amendments thereto and shall become
effective 10 days after date of its adoption provided the
Regional Administrator, Environmental Protection Agency, has no
objection. If the Regional Administrator objects to its issuance,
the permit shall not become effective until such objection is
withdrawn.
IT IS HEREBY ORDERED that the discharger, in order to meet the provisions
contained in Division 7 of the California Water Code and regulations adopted
thereunder and theprovisions of the Federal Water Pollution Control Act and
regulations and guidelines adopted thereunder, shall comply with the
following:
A. Receiving Water Limitations
This discharge shall not cause a violation of any applicable water
quality standard for receiving waters adopted by the Regional Board or
the State Water Resources Control Board as required by the Federal
Water Pollution Control Act and regulations adopted thereunder. If
more stringent applicable water quality standards are promulgated or
approved pursuant to Section 303 of the Federal Water Pollution Control
Act, or amendments thereto, the Board will revise and modify this order
in accordance with such more stringent standards.
B. Provisions
1. Neither the treatment nor the discharge of pollutants shall cause
a nuisance and/or pollution as defined in the California Water
Code.
2. The discharger shall comply with the following time schedule
regarding the implementation of the Water Pollution Control Plan:
Order No. 79-132 (NPDES No. CA 0106569) - continued Page 3
Robinson Development Company (dba Larson Shipyard)
Task Completion Date Report Due
Progress report 9/1/79 9/15/79
Full compliance 1/1/80 1/15/80
3. The discharger shall maintain all work areas in a broom cleaned
condition at all times. The broom cleaned wastes shall include,
but not be limited to, trash, scale, rust, spent sand blasting
abrasive, old paint chips, new paint, marine growths, and oil
and grease.
4. This order includes the enclosed "Standard Provisions and Reporting
Requirements" with the exception of the following items: A.4. , 6,
11, and 18; B.I. through 5; C.2. through 4, 7, and 9; D.2., 3, 4,
and 6; and E.I. through 7.
5. This order expires on August 1, 1984, and the discharger must file
a report of waste discharge in accordance with Title 23, California
Administrative Code, not later than 180 days in advance of such
date as application for issuance of new waste discharge require-
ments.
6. This order includes Monitoring and Reporting Program No. 79-132.
I, James W. Anderson, Executive Officer, do hereby certify the foregoing is a
full, true, and correct copy of an order adopted by the California Regional
Water Quality Control Board, Santa Ana Region, on August 31, 1979.
JAMES W. ANDERSON
Executive Officer
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SANTA ANA REGION
August 31, 1979
STANDARD PROVISIONS. AND REPORTING REQUIREMENTS
A. General Provisions
1. The requirements prescribed herein do not authorize the commission
of any act causing injury to the property of another, nor protect
the discharger from his liabilities under federal, state, or local
laws, nor guarantee the discharger a capacity right in the
receiving waters.
2. The discharger shall permit the Regional Board and the Environmental
Protection Agency:
a. Entry upon premises in which an effluent source is located or
in wbich any required records are kept;
b. Access to copy any records required to be kept under terms and
conditions of this order;
C. Inspection of monitoring equipment or records; and
d. Sampling of any discharge.
3. A11 discharges authorized by this order shall be consistent with
the terms and conditions of this order. The discharge of any
pollutant more frequently than or at a level in excess of that
identified and authorized by this order shall constitute a
violation of the terms and conditions of this order.
4. The dischargerts wastewater treatment plant shall be supervised and
operated by persons possessing certificates of appropriate grade
pursuant to Chapter 3, Subchapter 14, Title 23, California Adminis—
trative Code.
5.. The discharger shall maintain in good working order and operate as
efficiently as possible any facility or control system installed by
the discharger to achieve compliance with the waste discharge
requirements.
6. Collected' screening, sludges, and other solids removed from liquid
wastes shall be disposed of in the manner approved by the Executive
Officer of the Regional Board.
7'. After notice and opportunity for a hearing, this order may be
terminated or modified for cause, including, but not limited to-
-4—
i
a. Violation of any term or condition contained in this order;
b. Obtaining this order by misrepresentation, or failure to
disclose fully all relevant facts;
C. A change in any condition that requires either a temporary or
permanent reduction or elimination of the authorized discharge.
8. If a toxic effluent standard or prohibition (including any schedule
of compliance specified in such effluent standard or prohibition)
is established under Section 307(a) of the Federal Water Pollution
Control Act, or amendments thereto, for a toxic pollutant which is
present in the discharge authorized herein and such standard or
prohibition is more stringent than any limitation upon such
pollutant in this order, the Board will revise or modify this order
in accordance with such toxic effluent standard or prohibition and
so notify the discharger.
9. If more stringent applicable water quality standards are approved
pursuant to Section 303 of the Federal Water Pollution Control Act,
or amendments thereto, the Board will revise and modify this order
in accordance with such more stringent standards.
10. The provisions of this order are severable, and if any provision of
this order, or the application of any provision of this order, or
the application of any provisions of this order to any circumstance,
is held invalid, the application of such provision to other circum-
stances, and the remainder of this order shall not be affected
thereby.
11. Safeguard to electric power failure:
a. The discharger shall maintain in good working order an
alternate power source sufficient to protect the waste-
water treatment and disposal facilities; or if such
alternate power source is not in existence, the
discharger shall
b, halt, reduce, or otherwise control all discharges upon
the reduction, loss, or failure of the primary source
of power.
-5-
12. Any diversion from or bypass of facilities necessary to maintain
compliance with the terms and conditions of this order is prohibited,
except (a) where unavoidable to prevent loss of life or severe
property damage, or (b) where excessive storm drainage or runoff
would damage any facilities necessary for compliance with the
effluent limitations and prohibitions of this order. The discharger
shall promptly notify the Board and the Regional Administrator of
EPA in writing of each such diversion or bypass.
13. Except for data determined to be confidential under Section 308 of
the Federal Water Pollution Control Act, all reports prepared in
accordance with terms of this order shall be available for public
inspection at the offices of the Regional Water Quality Control
Board and the Regional Administrator of EPA. As required by the
Federal Water Pollution Control Act, effluent data shall not be
considered confidential. Knowingly making any false statements on
any such report may result in the imposition of criminal penalties
as provided for in Section 304 of the Act and Section 13387 of the
California Water Code.
14. The discharger shall take all reasonable steps to minimize any
adverse impact to receiving waters resulting fsom noncompliance
with any effluent limitations specified in this order, including
such accelerated or additional monitoring as necessary to determine
the nature and impact of the noncomplying discharge.
15. In the event of any change in control or ownership of land or waste
discharge facility presently owned or controlled by the discharger,
the discharger shall notify the succeeding owner or operator of the
existence of this order by letter, a copy of which shall be
forwarded to this Board.
16. The discharger shall ensure compliance with any existing or future
pretreatment standard promulgated by EPA under Section 307 of the
Federal Water Pollution Control Act or amendments thereto for any
discharge to the municipal system.
17. The discharge of any radiological, chemical, or biological warfare
agent or high level radiological waste is prohibited.
18. The discharger shall require each industrial user to submit periodic
notice (over intervals not to exceed nine months) of progress toward
compliance with applicable toxic and pretreatment standards
developed pursuant to the Federal Water Pollution Control Act or
amendments thereto. The discharger shall forward a copy of such
notice to the Board and the Regional Administrator.
B. Provisions for Monitoring
1. Water quality analyses shall be performed in accordance with the
latest edition of "Guidelines Establishing Test Procedures for
Analysis of Pollutants", promulgated by the U. S. Environmental
Protection Agency.
2. Chemical, bacteriological, and bioassay analyses shall be conducted
at a laboratory certified for such analyses by the State Department
of Health.
-6-
A 3. The laboratory which performs the sample analyses must be identified
in all monitoring reports submitted to the Regional Board Executive
Officer and the Regional Administrator (EPA) ,
4.' Effluent samples shall be taken downstream of the last addition of
waste to the treatment or discharge works where a representative
sample may be obtained prior to mixing with the receiving waters.
5. All monitoring instruments and devices used by the discharger to
fulfill the prescribed monitoring program shall be properly
maintained and calibrated as necessary to ensure their continued
accuracy.
C. General Reporting Requirements
1. The discharger shall submit to the Board on or before each compliance
report date, a report detailing his compliance or noncompliance with
the specific schedule date and task.
If nonaompliance• is being reported, the reasons for such noncompli-
ance shall be stated plus an estimate of the date when the discharger
will be in compliance. ,The discharger shall notify the Board by
letter when he has returned to compliance with the time schedule.
2. In the event the discharger does not comply or will be unable to
comply with any prohibition, daily maximum effluent limitation, or
receiving water limitation of this order for any reason, the
discharger shall notify the Executive Officer by telephone
(714)684-9330 as soon as he or his agents have knowledge of such
noncompliance, and shall confirm this notification in writing
within two weeks. The written notification shall state the nature,
time, and cause of noncompliance and shall describe the measures
being taken to prevent recurrences.
3. This Board requires the discharger to file with the Board within
ninety (90) days after the effective date of this order a technical
report on his preventive (failsafe) and contingency (cleanup) plans
for controlling accidental discharges and for minimizing the effect
of such events. The technical report should:
a. Identify the possible sources of accidental loss, untreated
waste bypass, and contaminated drainage. Loading and storage
areas, power outage, waste treatment outage, and failure of
process equipment, tanks, and pipes should be considered.
b. Evaluate the effectiveness of present facilities and procedures
and state when they became operational.
Describe facilities and procedures needed for effective
preventive and contingency plans.
C. Predict the effectiveness of the proposed facilities and
procedures and provide an implementation schedule containing
interim and final dates when they will be constructed, imple-
mented, or operational. (Reference: Sections 13267(b) and
13268, California Water Code.)
-7-
This foard, after review of the technical report, may establish
conditions which it deems necessary to control accidental
discharges and to minimize the effects of such events. Such
conditions may be incorporated as part of this order, upon
notice to the discharger.
4. Monitoring reports shall be submitted on forms to be supplied by the
Board to the extent that the information reported may be entered on
the forms. The results of all monitoring required by this order
shall be reported to the Board, and shall be submitted in such a
format as to allow direct comparison with the limitations and
requirements of this order. Unless otherwise specified, discharge
flows shall be reported in terms of the 30-day average and the daily
maximum discharge flows.
5. The discharger shall file with the Board a report of waste discharge
at least 120 days before making any material change or proposed
change in the character, location, or volume of the discharge.
6. The results of any analysis of samples taken more frequently than
required at the locations specified in the Monitoring and Reporting
Program shall be reported to the Board.
7. The discharger shall file a written report with the Board within
ninety (90) days after the average dry-weather waste flow for any
month equals or exceeds 75 percent of the design capacity of his
waste treatment and/or disposal facilities. The discharger's
senior administrative officer shall sign a letter which transmits
that report and certifies that the policy-making body is adequately
informed about it. The report shall include: '
a. Average daily flow for the month, the date on which the
instantaneous peak flow occurred, the rate of that peak flow,
and the total flow for the day.
b. The discharger's best estimate of when the average daily
dry-weather flow rate will equal or exceed the design capacity'
of his facilities,.
C. The discharger's intended schedule for studies, design, and
other steps needed to provide additional capacity for his
waste treatment and/or disposal facilities before the waste
flow rate equals the capacity of present units. (Reference:
Sections 13260, 13267(b), and 13268, California Water Code.)
d. If required to have a source control program, the discharger
shall send an annual report of the effectiveness of that
program to the Regional Board's Executive Officer. This report
is a part of the annual report due by January 30 under
Reporting Requirements for Monitoring - 2. Such report shall
contain at least the information outlined in the State Water
Resources Control Board's "Guidelines for Determining the
Effectiveness of Local Source Control Programs."
8. The discharger shall notify the Board not later than 180 days in
advance of implementation of any plans to alter production capacity
of the product line of the manufacturing, producing, or processing
-8-
4 l facility b•more than 10 percent. Such nolittication shall include
estimates of proposed production rate, the type of process, and
projected effects on effluent quality. Notification shall include
submittal of a new report of waste discharge and appropriate
filing fee.
9. - The discharger shall notify the Board of (a) new introduction into
such works of pollutants from a source which would be a new source,
as defined in Section 306 of the Federal Water Pollution Control
Act, or amendments thereto, if such source were discharging pollu-
tants to the waters of the United States; (b) new introductions of
pollutants into such works from a source which would be subject to
Section 301 of the Federal Water Pollution Control Act, or amend-
ments thereto, if it were discharging such pollutants to the waters
of the United States; (c) a substantial change in the volume or
character of pollutants being introduced into such works by a
source introducing pollutants into such works at the time the waste
discharge requirements were adopted. Notice shall include a
description of the quantity and quality of pollutants and the
impact of such change on the quantity and quality of effluent from
such publicly owned treatment works. A substantial change in volume
is considered an increase of 10 percent in the mean dry-weather flow
rate. The discharger shall forward a copy of such notice directly
to the Regional Administrator. '
D. Reporting Requirements for Monitoring
1. For every item of monitoring data where the requirements are not met,
the discharger shall submit a statement of the actions undertaken or
proposed which will bring the discharge into full compliance with
requirements at the earliest time, and shall submit a timetable for
such corrective actions. The discharger shall submit such informa-
tion, in writing, within two weeks of becoming aware of noncompliance.
2. By January 30 of each year, the discharger shall submit an annual
report to the Board. The report shall contain both tabular and
graphical summaries of the monitoring data obtained during the
previous year. In addition, the discharger shall discuss the
compliance record and the corrective actions taken or planned which
may be needed to bring the discharge into full compliance with the
waste discharge requirements.
3. The discharger shall maintain records of all sampling and analytical
results, including strip charts; the date, exact place, and time
of sampling; the analysts name; analytical techniques used; and
results of all analyses. Such records shall be retained for a
minimum of three years. This period of retention shall be extended
during the course of any unresolved litigation regarding this
discharge or when requested by the Board. Monitoring results shall
be submitted on forms provided by the Board.
4. The discharger shall file with the Board technical reports on
self-monitoring work performed according to the detailed specifica-
tions contained in any Monitoring and Reporting Program as directed
by the Executive Officer.
-9-
5. All reports shall be signed by:
a. In the case of corporations, by a principal executive officer
at least of the level of vice president or his duly authorized
representative, if such representative is responsible for the
overall operation of the facility from which the discharge
originates;
b. In the case of a partnership, by a general ,partner;
C. In the case of a sole proprietorship, by the proprietor;
d. In the case of a municipal, state, or other public facility,
by either a principal executive officer, ranking elected
official, or other duly authorized employee.
6. The discharger shall submit to the Board, by January 30 of each year,
an annual summary of the quantities of all chemicals listed by both
trade and chemical names which are used for cooling and/or boiling
water treatment and which are discharged.
7. The discharger shall mail a copy- of each monitoring report on the
appropriate form to be supplied by the Board and any other reports
required by this order to:
a. California Regional Water Quality Control Board
Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, CA 92506
b. A copy of such monitoring report for those discharges
designated as a major discharge shall be mailed to:
Regional Administrator
Environmental Protection Agency
Region I%, Attention: ENCMR
215 Fremont Street
San Francisco, CA 94105
E. Definitions
1. The daily discharge rate is obtained from the following calculation
for any calendar day:
8.34 N
Daily discharge rate (lbs/day) = N 1 Qi Ci
Daily discharge rate (kg/day) = 3.78 N Qi Ci
1
in which N is the number of samples analyzed in any calendar day.
Qi and Ci are the flow rate (DIGD), and the constituent concentration
(mg/1) respectively, which are associated with each of the N grab,
-10-
y samples A may be taken in any calenda*y. If a composite
sample is taken, Ci is the concentration measured in the composite
sample and Qi is the average flow rate occurring during the period
over which samples are composited.
2. The "30-day, or 7-day, average" discharge is the total discharge by
weight during a 30, or 7, consecutive calendar day period, respec-
tively, divided by the number of days in the period that the
facility was discharging. Where less than daily sampling is
required by this permit, the 30-day, or 7-day, average discharge
shall be determined by the summation of all the measured discharges
by weight divided by the number of days during the 30, or 7,
consecutive calendar day period when the measurements were made.
If fewer than four measurements are made during a 30, or 7-day,
consecutive calendar day period, then compliance or noncompliance
with the 30, or 7, day average discharge limitation shall not be
determined.
For other than 7-day or 30-day periods, compliance shall be based
upon the average of all measurements made during the specified
period. If fewer than four measurements are made during the
period, compliance shall be based upon the last four consecutive
samples.
3. The "daily maximum" discharge means the total discharge by weight
during any calendar day.
4. The "30-day, or 7-day, average" concentration, other than for fecal
or total coliform bacteria, is the arithmetic mean of measurements
made during a 30, or 7, consecutive calendar day period, respec-
tively. The "30-day, or 7-day, average" concentration for fecal or
total coliform bacteria is the geometric mean of measurements made
during a 30, or 7, consecutive calendar day period, respectively.
The geometric mean is the nth root of the product of u numbers.
If fewer than four measurements are made during a 30, or 7,
consecutive calendar day period, then compliance or noncompliance
with the 30, or 7, day average concentration limitation shall not
be determined.
5. The "maximum daily" concentration is defined as the measurement
made on any single grab sample or composite sample.
6. A "grab" sample is defined as any individual sample collected in
less than 15 minutes.
7. A composite sample is defined as a combination of no fewer than ,
eight individual samples obtained over the specified sampling
period. The volume of each individual sample shall be propor-
tional to the discharge flow rate at the time of sampling. The
compositing period shall equal the specific sampling period, or
24 hours, if no period is specified.
-11-
a.... ...+.... .� �. ... —a.`r... ...-,�.......wa rn r..�..�. .. �.. ... .n..�. u.nric S'•«�. .mow. M�a.�tiF.�. ..�. �w..ia. w
B. An "industry" is defined as any facility identified in the Standard
Industrial Classification Manual, 1972, Office of Management and
Budget, as amended and supplemented, under the following divisions:
a. Division A - Agriculture, Forestry, and Fishing;
b. Division B - Mining;
C. Division D - Manufacturing;
d. Division I - Services.
A facility in the divisions listed may be excluded if it is deter-
mined by the Board that it introduces primarily domestic wastes or
wastes from sanitary conveniences.
9. "Prohibited wastes" are any of the following wastes which shall not
be introduced into the treatment works:
a. Wastes which create a fire or explosion hazard in the
treatment works;,
b. Wastes which will cause corrosive structural damage to
treatment works, but, in no case, wastes with a p1i lower
than 5.0 unless the works are designed to accommodate
such wastes;
C. Solid or viscous wastes in amounts which would cause
obstruction to the flow in sewers or other interference
with the proper operation of the treatment works; or
d. Wastes at a flow rate and/or pollutant discharge rate
which is excessive over relatively short time periods so
that there is a treatment process upset and subsequent
loss of treatment efficiency.
-12-
California Regional Water Quality Control
Santa Ana Region
Monitoringand Reporting Program 79-13
P g g
for
Robinson Development Co an
(dba Larson Shipya
NPDES No. CA O10
1. The discharger shall subm�repo certifying
either compliance or noncomplianc with all
conditions of the Wa er ution Control Plan.
If noncompliance is rted, he reasons for
such noncompliance sh a tated.
2. The dischargeSfo
a log stating the
volume and-tye and name and address
of waste ha h waste originating from
the boatclaation.
3. All report'shall, be submitted on a quarterly
basi, t day of January, April, July,
andese reports shall be signed by a
re n e company official or a duly
a, rize ployee and submitted under penalty
f
Ordered by
JAMES W. ANDERSON
Executive Officer
August 31, 1979
-13-
STATE OF CALIFORNIA—RESOURCES AGENCY • • EDMUND G. BROWN 1R, Gonrnor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD—
SANTA ANA REGION
6809 INDIANA AVENUE, SUITE 200 '. '�' •
1s. .c•
RIVERSIDE, CAUFORNIA 92506
PHONE: (714) 684-9330
July 18, 1979
Environmental Protection Agency - Permits Branch
U. S. Army District, Los Angeles - Corps of Engineers - Permits Section
NOAA, National Marine Fisheries Service
U. S. Fish and Wildlife Service
State Water Resources Control Board, Chris Sproul , Legal Division
State Department of Water Resources
State Department of Fish and Game - Marine Resources Region
State Department of Health Services - Los Angeles
State Coastal Zone Conservation Commission, South Coast Region
Orange County Flood Control District
Orange County Water Pollution Department
Orange County Health Department
City of Newport Beach ✓
Gentlemen:
Enclosed is tentative Order No. 79-137, rescinding requirements for the
discharge of boatyard wastes into Newport Bay by Anchor Marine Company.
These requirements are scheduled for consideration at the Board's August 31,
1979, meeting. Your comments are requested to be available prior to
August 17, 1979.
If there are any questions, please contact Mr. Mohinder Sandhu of this office.
Sincerely,
Original Signed by:
Darrell J. Smith
JAMES W. ANDERSON
Executive Officer
Enclosure: Tentative Order No. 79-137
MSS:pk
RECEIVED
PUBLIC WORKS q
19�9 ' it J U L 2 01979 sb-
c� ;,rs�• (
CITY OF S
30 oN4 NEWPORT BEACH,
C\K{%e. l ,j CAUF.
NE.p)4�P�\F �
California Regional Water Quality Control Board
Santa Ana Region
August 31, 1979
ITEM:
SUBJECT: Rescission of Waste Discharge Requirements
issued to Anchor Marine Company (Order No.
75-171, NPDES No. CA 0105911) , Order No.
79-137, Orange County.
DISCUSSION:
Order No. 75-171 (NPDES No. CA 0105911) was issued to
Anchor Marine Company for the discharge of wastes
associated with its boatyard operation into Newport
Bay. The discharger has closed the boatyard facility
permanently, eliminating the need for waste discharge
requirements. Therefore, the requirements contained
in Order No. 75-171 (NPDES No. CA 0105911) are no
longer necessary.
RECOMMENDATION:
Adopt Order No. 79-137 as presented.
California Regional Water Quality Control Board n
Santa Ana Region
O
ORDER N0. 99-137
Rescinding Waste Discharge Requir nts \\\v
for
Anchor Marine Company
(Order No. 75-171, NPDES No. CA 1 11)
Orange County
The California Regional Water Q it ontrol Board,
Santa Ana Region (hereinafter ar fi s that:
1. Order No. 75-171 (NPDES No. A 0105911)
was issued to A arine Company on
September 12, 1 for a discharge of
wastes from its at&V operation to
Newport Bayer
2. Anchor ri a Comp has informed the
Board ett dated June 15, 1979, that
the b a ar £ac' ity has been closed
pe ne.. ly.
3. the requirements contained in
L! td=_N" "' 5-171 '(NPDES No. CA 0105911)
[/��da o longer necessary.
IT I HERRBYF
RED that Order No. 75-171 (NPDES No.
CA 1 escinded.
I, James W. Anderson, Executive Officer, do hereby
ert the foregoing is a full, true, and correct copy
o n order adopted by the California Regional Water
Qua ty Control Board, Santa Ana Region, on August 31,
1979.
JAMES W. ANDERSON
Executive Officer
Pry s`�n� snaa Nar���� rnan L3oc1Cd
_�.�� ,.�.______�S�S�.e►� �S��lt£'x �rive,�,,l�te 5z`�-._L�i.U� I� aLIQ_���.�
cz
50 ✓
`�O�l
--
I
�gWPpR� CITY OF NEWPORT BEACH RECEIPT
p<< dm NEWPORT BEACH. CALIFORNIA 92663 No. 06036DATE
#
(/-RECEIVED FROM // / LGLi,`� �� s
111` FOR: !
1+ T {'
E
IACCOUNT NO T' ACCOUNT NO.
DEPARTMENT /
BYjf
Iq,.,«__.. ....—--_—___.«___ ______— I
-
CITY OF NEWPORT BEACH RECEIPT
�6W PpRT i
d_ NEWPORT BEACH, CALIFORNIA 92663 No. 07129
i
�4poRa�P D 19
DATE Q �,,7/ O(� i III
4 RECEIVED FROM `N1 7
i FOR: t
iACCOUNT NO ACCOUNT NO '77I���
DEPARTMENTA
BY_,aCLt (✓iC1n2�
t �••�-*tE�—
XXXXK
640-9197
July 24, 1979
Mr. Howard Bishop
1748 Bonn Aire
Newport Beach , Cal'ifornia 92663
Subject: Initial Study Hans Dickman Boatyard
Dear Mr. Bishop :
Please find enclosed a copy, of the proposal for
the, preparation of the ,Initial Study on the
proposed .P-C development of Hans Dickman Boatyard,
Your architect, Brian S.. Jeannette', has authorized
the initiation of this work and it is near, com-
pietion. Please remit the_ total amount listed
below at your earliest convenience.
Consultant Fee $1850
City Fee 130
Total Fee $1980
The City staff looks forward to working with you
on this project.
Sincerely,
DEPARAD
CO UN Y DEVELOPMENT
R. V. Di ct
by
R
Environmental Coordinator
FT/kk
CC; Brian Jeannette
504 North Newport B1,vd.
j Newport Beach, CA . 92,663 "
•
AGREEMENT
THIS AGREEMENT is made and entered into on this 29th day of June,
1979, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY," and LARRY SEEMAN & ASSOCIATES, INC. ,
hereinafter referred to as "CONSULTANT."
W I T N E S S E T H
WHEREAS, the CITY has determined that an Initial Study is necessary
in conjunction with the redevelopment of Han's Dickman Boat Yard, in the
City of Newport Beach, County of Orange, State of California; and
WHEREAS, CONSULTANT has submitted to CITY a proposal to prepare said
Initial Study; and
WHEREAS, CITY desires to accept said proposal .
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
1 . GENERAL
CONSULTANT agrees to prepare the subject Initial Study in accordance
with the requirements set forth in Paragraph 2 of this Agreement. CITY agrees
to remit to CONSULTANT the amounts set forth in paragraph 3 of this Agreement
in accordance with the terms and conditions set forth in this document.
2. SCOPE OF WORK
The subject Initial Study will be prepared in accordance with the
CONSULTANT'S proposal dated May 31 , 1979, which is attached to this
Agreement marked as Exhibit "A" and by reference incorporated herein at this
point as if fully set forth.
3. BILLING AND PAYMENT
CONSULTANT shall be paid under this Agreement on a time and
material basis and inn no event shall the maximum amount of this Agreement
exceed One Thousand Eight Hundred and Fifty Dollars ($1 ,850.00). Partial
payments shall be made by CITY to CONSULTANT upon CONSULTANT'S presentation
of statements verifying the time and material costs incurred by it in
connection with this Agreement.
- 1 -
4. FAITHFUL POORMANCE
CONSULTANT. shall use diligent efforts to complete this contract
within twenty-one (21 ) days after execution of this Agreement. The subject
Initial Study must meet the approval of the Environmental Affairs Committee
of the City. In the event additional work is required due to input during
the public hearings, said additional work shaTI bd� subject to a separate
contract.
5. TERMINATION
This Agreement is subject to termination by the CITY at any time upon
serving written notice to CONSULTANT. The CITY shall be thereafter liable
to CONSULTANT only for fees and costs incurred as of the date CONSULTANT
receives such notice of termination.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
as of the date and year first above written.
APPROVED AS TO FORM CITY OF NEWPORT BEACH
By
City ttkorney re or '
AiDi uni Kr— Com t evelo rentDepartment
CITY
LARRY SEEMAN & ASSOCIATES, INC.
ENVIRONMENTAL PLANNING CONSULTANTS
By 1e,,�/nwa4 i� �' trt
CONSULTANT
RECEIVE®
Commnaiiy
Developraod
Der:.
JUL171979D,- 10
CITY OF_
NEWPCA.EENCHa lr
f
ti
L% ♦ 1t
❑ 500 newport center drive, suite 525
newport beach, california 92660
phone (714) 640-6363
❑ 1050 northgate drive, suite 554
san raise[, california 94903
LARRY SEEMAN ASSOCIATES phone (415) 479-3370
ENVIRONMENTAL PLANNING CONSULTANTS
May 31 , 1979
Mr. Fred Talarico �cp
Environmental Coordinator 6 of ' �g�g
Community Development Dept, �Nys O
City of Newport Beach
3300 Newport Boulevardvoy�F' 4
Newport Beach, CA 92660
SUBJECT: REDEVELOPMENT OF HANS DICKMAN BOATYARD ti
Dear Fred:
Larry' Seeman Associates is pleased to su0mi't thi's proposal to pre-
pare an Initial Study for redevelopment of the Hans Dickman boatyard.
The proposed project will consist of the demolition and reconstruction
of the existing boat repair facilities, addition of +1 ,000 sq. ft. of
office space, construction of a new bulkhead, and modification of the
existing slips.
SCOPE OF WORK
In order to provide the City with all of the information required
to evaluate the environmental significance of the project, we propose
to investigate the following areas:
1 . Demolition impacts. We will review the method of
demolition proposed by the applicant and propose
any mitigation measures necessary to protect the
Rhine Channel during the demolition process,
2. Water quality and biological resources. We will
review the proposed project, including construc-
tion of the bulkhead, with appropriate Federal ,
State, and local agencies. Potential impacts will
be identified and mitigation measures will be pre-
pared.
3. City policy. We will review the proposed project
with respect to City policies, the General Plan,
zoning provisions, and other applicable standards.
Mr. Fred Talarico
May 31 , 1979
Page 2
LARRY SEEMAN ASSOCIATES I,
4. Circulation/access/parking. We will review the pro-
posed site plan to determine the adequacy of the
onsite circulation and parking provisions and identify
any potential offsite traffic impacts.
5. Other potential impacts. If, in the course of our
investigation, any additional potential impacts are
identified, we will prepare the necessary mitiga-
tion measures,
STAFF
Mr. William Foley will direct this study and will be responsible
for liaison with the City, the applicant, and other agencies.
FEES
We will prepare the Initial Study and attend the Environmental
Affairs Committee meeting for a fee of $1 ,850.00.
SCHEDULE
We will prepare and submit the Initial Study within two weeks of
acceptance of this proposal .
If you have any questions or need further information, please con-
tact me.
Sincerely,
LLA, a��
R'RYSEEMAN ASSOCIATES, INC.
W I.c o P F�
William R. Fole CP
Vice President
WRF:mab