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HomeMy WebLinkAboutAGENDA BACKUP 04-18-91 . Centre. Contra Costa Sanitan .Jistrict . BOARD OF DIRECTORS PAGE 1 OF 6 POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 3. BIDS AND AWARDS a. AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE, INC. FOR THE DIABLO ROAD SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4455 DATE April 10, 1991 TYPE OF ACTION AUTHORIZE AWARD SUBJECT SUBMITTED BY Kent Von Aspern Senior Engineering Assistant INITIATING DEPT/DI'Engineering Department/ Engineering Division ISSUE: On April 9, 1991, sealed proposals were received and opened for the construction of District Project No. 4455, Diablo Road Sewer Improvements Project. The Board of Directors must authorize award of the contract or reject bids within 50 days of the opening of bids. BACKGROUND: The Town of Danville has proposed a project to substantially widen Diablo Road. Upon receipt of notification of this widening project, District staff evaluated the sewer capacity along Diablo Road and determined that an increase in the capacity of the existing sewers is necessary to meet projected wet weather flow conditions. As such, staff completed the design of the Diablo Road Sewer Improvements Project in order to construct the new sewers prior to the widening and final paving of Diablo Road by the Town of Danville. The sewer project includes construction of approximately 230 linear feet of 15-inch replacement sewer, 760 linear feet of 18-inch relief sewer, and associated appurtenances. In addition, 2,800 linear feet of 12-inch sewer, which has been determined through television inspection to be structurally deficient, will be abandoned. The project location is shown on Figure 1, attached. A Notice to Contractors inviting sealed bids was published on January 8 and 15, 1991. Seventeen bids, ranging from $177,077 to $347,087 were received on April 9, 1991. A summary of bids received is shown in Attachment 1. The Engineering Department conducted a technical and commercial evaluation of the bids and concluded that the lowest responsible bidder is Mountain Cascade, Inc. for the bid amount of $177,077. The engineer's estimate for construction of this project is $232,200. The funds required to complete the project are $236,000, as shown in Attachment 2. The total project cost is anticipated to be $348,300. The Diablo Road Sewer Improvements Project was approved by the District Board of Directors in June 1990 as part of the fiscal year 1990-1991 Capital Improvement Budget adoption (pages CS-28 to CS-30l. At that time the Hill Road portion of the project was determined to be exempt from the California Environmental Quality Act (CEQA) under KVA 7a--DJC DRW RAB REVIEWED AND RECOMMENDED FOR BOARD ACTION 0ZuJ tDkLJ tIS 1302A-9/85 SUBJECT AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE, INC. FOR THE DIABLO ROAD SEWER IMPROVEMENTS PROJECT, DISTRICT PROJECT NO. 4455 POSITION PAPER PAGE 2 OF 6 DAT,A.priI10,1991 District CEQA Guidelines, Section 18.2, since it involves a minor alteration to the existing collection system. The Diablo Road portion was determined to be exempt under CEQA Statute Section 21080.21, since it consists of a pipeline less than one mile in length in a public right of way. RECOMMENDATION: Authorize award of the contract in the amount of $177,077 for construction of Diablo Road Sewer Improvements Project, District Project No. 4455, to Mountain Cascade, Inc., the lowest responsible bidder. 13028-9/85 Page 3 of 6 Orinda Alamo ~ . . . ,- - Project Location ~.~. f FIGURE 1 ./ Centrt. , .. Page 4 of 6 Contra Costa San~ .Jry District SUMMARY OF BICS PROJECT NO. 4455 Diablo Road Sewer Improvements DATE April 9. 1991 ENGR. EST.~ 232,200 LOCATION Diablo Road. Danville It ~ BIDDER (Name, telephone & address) BID PRle. MountaioCascade, Inc. (415 ) 736-8370 $ 1 P.O. Box 116, San Ramon, CA 94583 177.077 Krzich Pipeline (408 ) 295-6390 $ 2 189.354.89 326 Phelan Avenue, San Jose, CA 95112 Andes Construction (415 ) 562-4960 $ 3 2208 Pamuth Street, Oakland, CA 94602 190,010 Fee Construction, Inc. ( ) $ 4 195,560 2021 Las Positas Court, Suitf' In 94550 - I . rA Joe Foster Excavation, Inc. (415 ) 373-8201 $ 5 P.O. Box 2631, Livermore, CA 94551-2631 198.633 - Antovich Construction, Inc. ( 408 ) 730-1990 $ 6 198,887 1078 W. Evelyn Avenue, Sunnyvale, CA 94086 f-- Manuel C. Jardim, Inc. (415 ) 487-0444 $ 7 209,775 P.O. Box 677. Union City, CA 94587 Hess Construction Co" Inc. ( ) $ 8 212,002 4484 Hess Drive, Vallejo, CA 94589 9 North Bay Construction, Inc. ( ) $ 431 Payran Street, Petaluma, CA 94953 218,124 10 Consolidated Landscape servifes,( 415) 449-2242 $ 218,900 nc. 46 Rickenbacker Circle. Livermore. CA 94550 - D.W. Young Construction Co.. ( 415 ) 837-0724 $ 11 Inc. 221,436 140A Town & Country Drive, Danville, CA 94526 - William G. McCullough Co. ( ) $ 12 2625 E. 18th Street, Antioch, CA 94531-2119 224,794.13 - Opened by: Joyce t1urphy DATE April 9, 1991 SHEET NO. 1 OF 250J-i/S4 2 C t C t C t S r D- - Page 5 of 6 en r~ on ra os a anL Jry Istrlct SUMMARY OF BIDS PROJECT NO. 4455 Diablo Road Sewer Improvements DATE April 9, 1991 LOCATION Diablo Road, Danville ENGR. EST. $ 232.200 It W BIDDER (Name, telephone & address) BID PRle. -- ~.1JB Pipel ine, Inc. ( ) $ 13 P.O. Box 192, ~1t . Eden, CA 94557 233.583 ~ P & ~1 Pipel ines ( ) $ 14 2083 41st Avenue, San Francisco, CA 94116 233,960 ~ Jardin Pipeline, Inc. (415 ) 782-5335 $ 15 2315 Dunn Road, Hayward, CA 94545 239,162 ~ Et~SCO ( ) $ 16 9009 Railroad Avenue, Oakland, CA 94603 269,405 ~ 17 Silva's Pioeline Inc. ( ) $ P.O. Box 751, Hayward, CA 94543 347,087 ~ . ( ) $ ( ) $ ( ) $ ( ) $ - ( ) $ ( ) $ ( ) $ Opened by: Joyce r1urphy DATE Apri 1 9, 1991 SHEET NO. 2 OF 2 2503-i/84 A IT ACHMENT 2 DIABLO ROAD SEWER IMPROVEMENTS PROJECT DISTRICT PROJECT NO. 4455 POST-BID PRECONSTRUCTION COST ESTIMATE Item Descriotion Total Percent of Construction Contract Costs 1 Construction Contract $177,077 75.8 2 Water Main Relocation by EBMUD 30,000 12.8 3 Contingency (at 1 5 percent) 26,523 11.4 SUBTOTAL $233,600 100.0 4 Force Account Ad m inistration/l nspection Surveying Public Information Program Legal Engineering As-Builts $16,200 5,000 1,000 500 2,000 500 6.9 2.1 0.4 0.2 0.9 0.2 SUBTOTAL $25,200 10.8 5 Cons u Ita nts/C ontra ctors Material Testing $ 2.000 0.9 SUBTOTAL $2,000 6 Prebid Expenditures $ 87,500 37.5 7 TOTAL PROJECT COST $348,300 149.1 8 Funds Previously Authorized $112.300 9 Total Funds Required to Complete Project $236.000 ED/Misc/4455Sum.KV A . Centra =ontra Costa Sanitar} .Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 4. CONSENT CALENDAR a. April 9, 1991 SUBJECT APPROVE LICENSE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR USE OF DISTRICT LAND AS A PARKING LOT IN THE MARTINEZ SHORELINE PARK AREA DATE TYPE OF ACTION APPROVE AND EXECUTE AGREEMENT SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT.lDIV Engineering Department/Construction Division ISSUE: East Bay Regional Park District (EBRPD) has requested that they be allowed to construct a public parking lot on District-owned property for users of Shoreline Park. BACKGROUND: The District owns property (approximately 5,200 square feet) at the end of Berrellesa Street in Martinez, 1,000 feet east of the District's Martinez Pumping Station. The District acquired this property in conjunction with the acquisition of the Martinez sewer system. The northern half of the District's property is encumbered by two force mains and one gravity sewer as shown on the attached map. EBRPD owns a parcel of land adjacent to the District's property on which EBRPD is proposing to construct a 14-space parking lot. Approximately one-third of the paved area of the parking lot will be located on the District's property. The portion of the District's property which will be paved has no sewer facilities in it at this time, and no new sewer installations are planned for the future. Hence, the paved parking lot will not interfere with the District's use of its property. The License Agreement includes an initial term of five years and is renewable in five year increments. The agreement requires EBRPD to indemnify this District from all claims and liability that could result from the EBRPD's use of the license area. This agreement reserves the right of the District to enter and use the license area for maintenance of District facilities. The License Agreement may be terminated by either party with 60 days' prior notice. District Counsel has reviewed and approved the subject License Agreement. EBRPD prepared an Environmental Impact Report in 1976 titled "Martinez Waterfront Land Use Development Plan" which included their use of the subject property as a parking lot. RECOMMENDATION: Approve License Agreement with EBRPD, authorize the President of the District Board of Directors and the Secretary of the District to execute said agreement, and return executed agreement to the Park District for recordation. REVIEWED AND RECOMMENDED FOR BARD ACTION 1302A-9/85 DH JSM RAB INITIATIN~rIV. 0/ i/1f} ---- --- ~ /~_./- S~I::'~~ ' ~.- -'- C0~; ... ~9---:: - G ~;.COS-<;,.. - -COt-li\''' CCCSD MARTINEZ PUMPING STATION -"'- / I 1. S 30 x: 0: <( a... w Z ...J W a: o I (/) ...J <( Z o C) w a: N W Z t- o: <( ~ ~ ~ ~~ \--.<( ~t -..J ~IU , \) ()~ \\I() III ~ ..0 ~ t'4 Q'- I S" ~; ,., ,.. ,Vi '-'I ~ ~ \ I BERRELLESSA STREET - LICENSE AGREEMENT FOR PARKING LOT MARTINEZ SHORELINE PARK AREA L_ ..J <r z o ffitJ IT IT ~~ '-;{t ~ IT .~' wit 1iif ~ NO WIT ZLL -ffi lIb ~5 . Centra_ ~ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 2 POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 4. CONSENT CALENDAR b. DATE April 9, 1991 SXUi1iORIZATION FOR P.A. 91-1 (ALAMO) TO BE INCLUDED IN A FUTURE FORMAL ANNEXATION TO THE DISTRICT TYPE OF ACTION ACCEPT ANNEXAllON FOR PROCESSING SUBMITTED BY Dennis Hall, Associate Engineer INITIATING DEPT./DIV. Engineering Dept.lConstruction Division Parcel Area Owner Address Lead No. Parcel No. & Acreage Remarks Agency 91-1 Alamo Harry Nelson Property to be split into three Contra (78B1) 15 Camino Monte Sol lots (MS 2-89). Negative Costa Alamo CA 94507 Declaration by Contra Costa County 193-030-002 (3.7 AC.) County. RECOMMENDATION: Authorize P.A. 91-1 to be included in a future formal annexation. REVIEWED AND RECOMMENDED FOR BOARD ACTION JSM RAB INITIATING DEPT./DIV. 1302A-9/85 ~(f( DH Jl1 M-fJ L'" L ; b i - .1...: 1l , I.ZMc "'Ie ,OAe ~ _ 5.S7Ae - 4"0' AC j ..HAC \ ! ""( ~., ) .. t " 1lC~ = === 1 r " ~ .. ".. .52 e fI~ M IS ~~~1 ~ 5/)"". ~ .. I.- I~: ~. ,'u ~~; I.QIAC '.nac 1.44Ae .... . ~ 10 ....AC 1 II ... _ 12 ....AC ,50"" 'L Z~....., ~', ,50"" fl ,eo"" , .4UC " ~:. "G" -3'.~.. .. ~ ...~~\ ~1!>'1'1 '~4o ~ · 1 ~ .4 ft .'.p " ~II> It ,1- ,f> ". S',.oO~ t1 ~-~~ ~ o~t ,0' S1 'If3 )l " 1-1- .5UOC .55~ .sa .$SAC l'Ae $ 1.004 AC .. A~1 11 II ao[~ 15 _ ~IZ IS ~ TO \~....tfI{\. .' y 12 $ ,$1 .H '. 54 OC 540C - ~~:. ~. S,.'A(; I - - L-.::-~{:' ANNEX , i'l i(. '.., j... ..... ~ ~~oJ > . . 4 · 14 ~Jit._ .....: i> . .10 I. ... . ., 44 I- ..;< ,. ~..' . '~~.. · · 4Z ~ . ... .... oJ. < .;~ <,) :...os' .... ~ 10 44 ~ I!--~ ~. .. ~ <.~ .. .~. \h~~;~'0' C DM IO\U Y .- 55 IS L :V' ,l I.... .. 4' . JIO .12 '0 u S zs . ~ .. .. 1 . .. I. zz . 20 t4 . ' '\ .. II .. ,~ y 5. 55 20 .. Q l ~ 'l./O ~J 5'~ II ~~~ J2 . . 4 . 5 ~~~' ~9 I 49~~ \ ' I t ~,.'tf ....~, ;~~ ill:, ~.: " ~r. ...~ . ..G . ~ ~ <.... '#. 7 ~\} ~ I '!):1 .... (, ", .~,~ 'f .-..\{_' 0::;-- ,. ,'\ .s ~~ ". ,,0 ," ZI ..' 40 5. ..". . ,'\ sa ,0 '.. .. ~ .~ .011.. MILL _TC.~.". 17 10 . Centra~~ontra Costa Sanitar) Jistrict BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD ME'i4:~AJO~ 8, 1991 SUBJECCONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT DISTRICT 58 (CAMINO AMIGO SEWER PROJECT) AND SET A HEARING DATE TO CONSIDER PUBLIC TESTIMONY NO. 4. CONSENT CALENDAR c. DAT'April 8, 1991 SUBMITTED BY Dennis Hall Associate En ineer TB'O?ff'V~~IOUS ESOLUTIONS AND ST ABLlSH HEARING DATE INITIATING DEPT/DIV. Engineering Department/ Construction Division ISSUE: As part of the process to establish Local Improvement District (LID) 58, various resolutions must be adopted and a hearing date must be established to consider public testimony on the formation of the LID and the establishment of assessments on properties within the LID. BACKGROUND: A group of 25 property owners living on Camino Amigo in the Town of Danville have petitioned this District to form a LID for the purpose of financing and constructing a public sewer system which will benefit their properties. The proposed sewer includes approximately 1,900 feet of 8-inch sewer main which will serve the proponents' 25 existing properties with the potential to provide service to 6 nonproponent properties also included in the LID boundary. The 31 properties, which have been recently annexed to the District, all have existing homes. A map showing the LID boundary and the proposed sewer location is attached as Exhibit A. The Board formally initiated LID proceedings on July 12, 1990, by accepting the property owners' petitions, approving the assessment district boundary map, approving agreements for legal and engineering services, and requesting jurisdiction from the Town of Danville to conduct assessment proceedings. A preliminary cost estimate for the LID improvements, including construction, engineering, District fees and charges, bond counsel, and bonding is $255,500.00. Advertisement for bids is scheduled for April 21 and 28, 1991. The assessments will be placed on the LID properties after bids are received on May 29, 1 991 . The following resolutions are presented for adoption by the Board at this Board meeting: o Resolution of Intention to order improvements. o Resolution accepting the engineer's report for LID 58 and setting June 13, 1991, as the hearing date for receiving public testimony on LID 58. o Resolution calling for construction bids. REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 &,tr DH P1fi] JSM RAB INITIATING DEPT./DIV. SUBJECT CONTINUE THE PROCESS TO ESTABLISH LOCAL IMPROVEMENT DISTRICT 58 (CAMINO AMIGO SEWER PROJECT) AND SET A HEARING DATE TO CONSIDER PUBLIC TESTIMONY POSITION PAPER PAGE 2 OF 4 DATE April 8, 1991 The public hearing which is scheduled for June 13, 1991, is required to consider testimony on the engineer's report and any other comments by those wishing to speak. After the hearing, the District must decide to formally approve or not approve this LID as proposed, approve the assessments or make modifications as deemed necessary. The assessments for the six properties whose owners have not signed petitions to form the LID will also be determined after the public hearing. Exhibit B, Board Actions Required for Formation of LID 58, shows other actions which have been completed or which will be completed by the Board. This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under CEQA Statute Section 21080.21 since it involves the construction of a sewer pipeline less than one mile in length in a public right- of-way. If the Board approves proceeding with this LID, a Notice of Exemption will be filed with the County Clerk. RECOMMENDATION: Adopt Resolutions for the following actions: · Intention to order improvements. · Accepting the engineer's report for the LID and setting the hearing date. . Call for construction bids. --------. 13028-9/85 EXHIBIT B BOARD ACTIONS REQUIRED FOR FORMATION OF LID 58 (CAMINO AMIGO SEWER PROJECT) 1 . Adopt a Resolution accepting petitions. 2. Adopt a Resolution approving a proposed boundary map. 3. Adopt a Resolution requesting consent to conduct assessment proceedings from the city of Lafayette. 4. Adopt a Resolution approving agreement for legal services with the Bond Counsel. (Sturgis, Ness, Brunsell, Sperry) 5. Adopt a Resolution approving agreement for engineer's services with the LID engineer. (David B. Hop) 6. Adopt a Resolution of Intention to order improvements. 7. Adopt a Resolution accepting the engineer's report for the LID and setting the hearing date for receiving public testimony on the LID. 8. Adopt a Resolution calling for construction bids. 9. Hold a Public Hearing; approve the engineer's report, assessment spreads, and assessment District. Adopt Resolution overruling protests. 10. Adopt a Resolution authorizing approval of change orders. 11. Authorize funds for the project. 12. Adopt a Resolution awarding the construction contract. 13. Adopt a Resolution determining assessments remaining unpaid. 14. Adopt a Resolution ordering the sale of bonds. 1 5. Adopt a Resolution ordering the issuance of bonds. Completed Completed Completed Completed Completed Subject of this Position Paper Subject of this Position Paper Subject of this Position Paper Scheduled for 6/13/91 Scheduled for 6/13/91 Scheduled for 6/13/91 Scheduled for 7/11/91 Scheduled for 7/18/91 Scheduled for 7/18/91 Scheduled for 7/18/91 BOUNDARY LOCA TI ON MAP NOT TO SCALE EXHIBIT "A" ,!?-0 <(-0 o ~(j ~ {vv o ... SIGNED PETITION CAMINO At1IGO ASSESSMENT DISTRICT LOCAL IMPROVEMENT OISTRICT NO.58 DANVILLE AREA . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 19 POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 5. ENGINEERING a. SUBJECT DATE CONSIDER ADOPTION OF THE PROPOSED SOURCE CONTROL ORDINANCE AND RESOLUTION ESTABLISHING LOCAL LIMITS A ril 1 5 1 991 TYPE OF ACTION ADOPT ORDINANCE AND RESOLUTION SUBr.A,/TTI;D BY tsanon L. Brandenburg Associate Engineer INITIAT,lbJG DEPT IDJV a:nglneerlng Department Planning Division ISSUE: Board approval is required for adoption of a revised Source Control Ordinance. BACKGROUND: A proposed Source Control Ordinance was mailed to 40 existing and potentially new permitted industries on February 27, 1 991. A workshop was held on March 13, 1991, where staff presented the ordinance and responded to questions. A public hearing on the proposed Source Control Ordinance and resolution establishing local limits was held on March 21, 1991. At the request of representatives from Etch Tek, a printed circuit manufacturer, the Board continued to April 18, 1991, its consideration of a proposed Source Control Ordinance and a resolution establishing local limits. The Board requested staff to meet with representatives of potentially affected businesses to consider their concerns and to recommend revisions to the proposed ordinance, if appropriate. The District received a letter from Etch Tek on April 3, 1991 (Attachment 1), and District staff met with representatives of six industries on April 5, 1991, and April 8, 1991, to discuss the proposed Source Control Ordinance. Staff discussed comments from industries as well as the comments presented in Etch Tek's letter to the District at these meetings. While not all of the industry comments were accommodated, many were resolved through discussion and explanation and others were responded to through revisions in ordinance language. Attachment 2 presents staff's recommendations for revisions to the proposed ordinance which make a good faith effort to address the comments received, while protecting the District and complying with EPA regulations. RECOMMENDATION: Consider, revise as appropriate, and adopt the proposed Source Control Ordinance and resolution establishing local limits. INITIATING DEPT/DIV. 1302A-9/85 ______..,____._,..,.....,._.._...~'__.._..._....,__,._._,.._,........,_.,'" ..., ___,_,_..'____..__~.____..____,~"_~..,.___....._.._'_ "OM ______"....~_.__.__.__.._,____"_,_,._._._.___,____......_.____."'. P.c. Board Fabrication ETCH- TEK. INC. (415) 671-9800 2455 Bates Avenue Concord. CA 94520 FAX: (415) 671-0151 APRIL 03, 1991 /Fit!Cf!OVf!~ APR 0 ,t 1991 CONTRA COSTA COUNTY SANITARY DISTRICT 5019 IMHOFF PLACE MARTINEZ, CA 94553 CCCSD ~..~~~~k fa\'J,~.I;""I.(~ "'~""'_ JOYCE MURPHY BOARD OF DIRECTORS, I WANT TO THANK THE BOARD OF DIRECTORS FOR THE OPPORTUNITY TO SUBMIT OUR COMMENTS TO THE PROPOSED TITLE 10. BASED ON YOUR INSTRUCTIONS, A COPY OF OUR COMMENTS IS BEING PROVIDED TO EACH BOARD MEMBER. C.C.C.S.D. WAS KIND ENOUGH TO PROVIDE US WITH A LIST OF ALL THOSE COMPANIES UNDER PERMIT. WE HAVE BEEN IN CONTACT WITH EACH COMPANY ENCOURAGING THEIR PARTICIPATION IN THE ENSUING WORKSHOP SCHEDULED ON 04-05-91. WE FEEL THESE DISCUSSIONS WILL PRODUCE A DOCUMENT THAT IS DEFINITIVE AND UNDERSTOOD BY THE PARTIES INVOLVED. THANKS AGAIN FOR YOUR UNDERSTANDING AND PATIENCE. REGARDS, KEN BEARD :t. COMMENTS ON TITLE 10 C.C.C.S.D. THESE COMMENTS ARE SUBMITTED IN AN EFFORT TO CLARIFY THOSE AREAS WHERE A POTENTIAL CONFLICT BETWEEN C.C.C.S.D. AND THE PARTY UNDER PERMIT COULD EXIST. THE INTENTION OF THESE COMMENTS IS TO ASSIST IN CREATING AN EFFECTIVE WORKING TOOL FOR C.C.C.S.D. AND THE "PERMITTEE" THAT IS UNDERSTOOD, OBJECTIVE AND STRUCTURED TO INSURE COMPLIANCE. THE COMMENTS ARE AS FOLLOWS: PAGE 2. ITEM GG THIS PARAGRAPH IS COMPLETELY SUBJECTIVE. THE TYPE AND FREQUENCY SHOULD BE DEFINED FOR EACH SITUATION. IF THEY CANNOT BE IDENTIFIED AND QUANTIFIED IN THIS DOCUMENT, THEY BECOME ARGUMENTIVE AND SUBJECTIVE AFTER THE FACT. AS PRESENTLY WRITTEN, THE LANGUAGE WORKS TO THE DISADVANTAGE OF ALL PARTIES, IT CAN BE DISCRIMINATORY AND PUNITIVE WHICH WE DO NOT FEEL IS THE INTENT. PAGE ~ SECTION 10.08.030 PROHIBITED EFFECTS THE FIRST PARAGRAPH IS UNCLEAR SINCE IT DOES NOT ADDRESS SUBSTANCES OR CONCENTRATIONS AND IMPLIES THAT A COMPANY WITH A PERMIT, IN COMPLIANCE WITH SAID PERMIT, CAN BE IN VIOLATION OF TITLE 10 BASED ON THE INTERACTION WITH THIRD PARTY DISCHARGES. ITEM .E IF A GROUP OF PERMITTEES SIMULTANEOUSLY DISCHARGE WASTEWATER, ALL WITHIN THE PERMIT GUIDELINES, THAT ADVERSELY IMPACTS C.C.C.S.D. TREATMENT FACILITIES THEY VIOLATE THIS PARAGRAPH. AGAIN YOU ARE MAKING THE PERMITEE ACCOUNTABLE FOR THIRD PARTY ACTIONS WHICH THEY CANNOT CONTROL. ITEM l:'L THE USE OF OBJECTIONABLE COLOR IS CONFUSING. ARE THERE SPECIFIC COLORS IN QUESTION? IF SO, THEY SHOULD BE IDENTIFIED. IS THERE SOME CORRELATION BETWEEN COLOR AND TOXICISITY. SECTION 10.08.040 PARAGRAPH A THE FIRST SECTION AGAIN DEALS WITH THIRD PARTY RESPONSIBILITY. PAGE 15 ITEM 1S THIS IS UNCLEAR. IF THE MANUFACTURER USES UNPOLLUTED WATER AS A PART OF THE MANUFACTURING PROCESS TO PRODUCE THE PRODUCT, IT SHOULD BE RECOGNIZED IN THIS PARAGRAPH. WHAT IS THE INTENT OF THE PARAGRAPH? IF IT ADDRESSES UNNECESSARY DILUTION TO MEET 1 - .. ... LIMITS, IT SHOULD BE SO STATED. PAGE 16 ITEM Q THIS IS UNCLEAR. IS THIS PARAGRAPH APPLICABLE TO C.C.C.S.D. OR THE PERMITTEE? IF THE PERMITTEE IS RESPONSIBLE, HOW IS IT MEASURED AND IDENTIFIED? PAGE 17 SECTION 10.08.090 THIS SECTION CAN BE CLARIFIED TO STATE THAT NEW REQUIREMENTS WILL BE IDENTIFIED AND TIMETABLES ESTABLISHED FOR COMPLIANCE. SECTION 10.08.100 THIS NEEDS CLARIFICATION. WE HAVE NO PROBLEM WITH THE "DILUTION" ASPECT, HOWEVER, IT IMPLIES THAT COMPANIES ENGAGED IN WATER DEPENDENT MANUFACTURING CANNOT INCREASE PROCESS WATER AS DEMAND FOR PRODUCT INCREASES. HOPEFULLY THIS IS NOT THE INTENT. PAGE 18 SECTION ~ THESE REQUIREMENTS EXIST IN FEDERAL, STATE, OSHA, FIRE DEPARTMENT AND BOARD OF HEALTH REGULATIONS. CAN THE EXISTING REQUIREMENT BE USED BY C.C.C.S.D. IF APPROVED BY OTHER AGENCIES? WILL IT BE ACCEPTABLE TO C.C.C.S.D.? PAGE ~ SECTION 10.12.020 THE FIRST PARAGRAPH REQUIRES FULL COMPLIANCE WITH THE ORDINANCE BUT THERE ARE NO LIMITS REFINED EXCEPT FOR TABLE I WHICH ARE PROPOSED DISCHARGE LIMITS. ALL OTHER PROHIBITIONS ARE UNDEFINED. THIS IS CONFUSING AND REQUIRES CLARIFICATION. PAGE ~ PARAGRAPH ~ THIS PARAGRAPH APPARENTLY APPLIES ONLY TO C.C.C.S.D., HOWEVER, SINCE THE CLASSIFICATIONS HAVE BEEN PRE-DEFINED, THE DATA COLLECTION IS UNNECESSARY. THIS APPEARS TO BE REDUNDANT AND SHOULD BE DELETED. PARAGRAPH .1- THIS IS UNCLEAR. CLASS 1 USERS ARE WELL IDENTIFIED IN THE TRANSMITTAL DOCUMENT USED TO FORWARD TO THE PERMITTEE TITLE 10, HOWEVER IT IS NOT CLEAR IN THIS SECTION. ONE OR THE OTHER SHOULD BE ADOPTED. PAGE n WASTEWATER DISCHARGE PERMIT THE 30 DAY APPLICATION PERIOD SHOULD BE INCREASED TO 90 DAYS. HOW WILL THOSE TARGETED BUT NOT YET PERMITTED INDUSTRIES STAY IN COMPLIANCE WITH TITLE 10, IT'S TIME LIMITS AND THE TIMING POTENTIAL FOR VIOLATION? THEY SHOULD HAVE BEEN PART OF THE PLANNING PROCESS. THIS IS CONFUSING AND DUPLICATES IN MOST AREAS 2 " DATA CURRENTLY REQUIRED BY OTHER AGENCIES. CAN THE STATE OR HEALTH DEPARTMENT DATA BE USED? PAGE n ITEM d THIS IMPLIES C.C.C.S.D. CAN DICTATE HOW MUCH AND WHEN PRODUCT CAN BE MANUFACTURED. HOPEFULLY THIS IS NOT THE INTENT. WHAT DOES THIS PARAGRAPH MEAN? ITEM .2. WHAT DETERMINES THIS REQUIREMENT AND FOR WHAT CLASSES OF DISCHARGER? PAGE llt ITEM 2 WHAT SPECIFICALLY WILL BE REQUIRED AND FROM WHAT CLASSES OF DISCHARGER? ITEM ~ RECORD KEEPING SYSTEMS ARE IN PLACE AND APPROVED BY THE STATE, OSHA AND BOARD OF HEALTH. CAN THE SAME SYSTEMS BE USED? ITEM li THIS INFORMATION ON SPECIFIC PROCESSES IS PROPRIETARY. THEY SHOULD BE MADE AVAILABLE FOR REVIEW AND DISCUSSION AT THE MANUFACTURERS LOCATION, BUT SHOULD NOT BE SUBMITTED TO A PUBLIC AGENCY. THIS WILL PROVIDE C.C.C.S.D. WITH IMFORMATION WITHOUT THE RISK OF DISCLOSURE UNDER PUBLIC DOMAIN. ITEM 14 WHAT IS AN ALTERATION? THIS IS NOT CLEAR AND COULD RESULT IN AN INTERPRETATIVE VIOLATION. PAGE ~ ITEM 21 THIS IS CURRENTLY BEING PROVIDED TO OTHER AGENCIES. CAN THE SAME DATA BE USED? ITEM II THIS IS UNCLEAR. WHAT IS THE INTENT? PAGE 2Q PARAGRAPH ~ THIS PARAGRAPH ALTHOUGH IT ONLY APPLIES TO CLASS 1 PERMITS IS UNCLEAR. IF LIQUIDATED DAMAGES ARE ASSESSED, EVIDENCE OF NON- COMPLIANCE IS NECESSARY. DOLLAR LIMITS SHOULD BE ESTABLISHED. THIS IS TOO OPEN ENDED. 3 . . . , PAGE II ITEM A.2 EACH COMPANY SHOULD HAVE A LIST OF DESIGNATED EMPLOYEES, RESPONSIBLE FOR PROCESS CONTROLS AND WASTEWATER DISCHARGE NOTIFICATION. THE AVERAGE EMPLOYEE, UNTRAINED IN THIS AREA WOULD NOT BE KNOWLEDGEABLE ENOUGH TO TAKE THIS ACTION. PAGE ld ITEM ~ BASELINE REPORT WHAT IS IT? WHERE IS IT DEFINED? PAGE II ITEM .Q WHAT IS THIS? THIS IS UNCLEAR. PAGE 2Q. ITEM A.2 WHY SAMPLE FOR PRODUCT NOT USED IN THE MANUFACTURING PROCESS? THIS IS AN UNNECESSARY EXPENSE IMPOSED ON THE MANUFACTURER. PAGE 21 ITEM A8 IF C.C.C.S.D. WANTS TO TAKE SAMPLES IT IS THEIR PERROGATIVE. COST FOR ADDITIONAL SAMPLING SHOULD BE ABSORBED BY C.C.C.S.D. SINCE DEFINED REQUIREMENTS EXIST FOR RESAMPLING WHEN COMPLIANCE IS IN QUESTION THE INTENT OF THE RETEST IS UNCLEAR. SECTION 10.12.070 SIGMATORY REOUIREMENT THIS IS NOT REQUIRED UNDER ANY CURRENT LEGISLATION. LEGISLATION ENFORCES THIS LANGUAGE? WHAT SECTION 10.12.080 RIGHT OF ENTRY THIS RIGHT OF ENTRY MUST BE FOR CAUSE. ANY OTHER BASIS FOR ENTRY MAKES C.C.C.S.D. A REGULATORY AGENCY. A BASIS SHOULD BE DEFINED. IF A PERMITTEE IS IN COMPLIANCE, WHY THE NEED FOR ACCESS? WHO MAKES THE RETERMINATION? ON WHAT BASIS? SECTION 10.12.120 CONFIDENTIAL INFORMATION THIS IS DUPLICATED AND COVERED IN OUR EARLIER COMMENTS. SECTION 10.16.010 ENFORCEMENT MECHANISMS THIS SECTION IS UNCLEAR. THE ENFORCEMENT ACTIONS SHOULD BE DEFINED. SPECIFICS IDENTIFIED NOW SERVE NOTICE TO THE VIOLATOR OR THE CONSEQUENCES OF THE VIOLATION. SECTION 10.16.030 ADMINISTRATIVE ORDERS WHAT IS MEANT BY CEASE OF DISCHARGE IMMEDIATELY? WILL THE TIMING PERMIT THIS TO HAPPEN? WHAT EFFECT WILL THIS HAVE ON C.C.C.S.D. AND THE MANUFACTURER? 4 ,. SECTION 10.16.040 THE BASIS FOR CALCULATION IS UNCLEAR. HOW IS VOLUME CALCULATED AND OVER WHAT PERIOD OF TIME? PAGE 50 TABLE .1 THE TABLE 1 IN THE ATTACHMENT SCHEDULE TO THE C. C. C. S. D. TRANSMITTAL LETTER ALLOWS PH UP TO 12.5 WHICH IS IN CONFLICT WITH THIS TABLE. THIS SHOULD BE CORRECTED. SECTION 10.16.060 SUSPENSION OF SERVICE PAGE 54 ITEM B.4 WE STATED EARLIER THAT ACCESS FOR CAUSE IS NOT A PROBLEM. USING THE THREAT OF SHUTDOWN TO GAIN ACCESS IS PUNITIVE. PAGE 55 ITEM B.7 THIS IS UNCLEAR. THE ENTIRE ORDINANCE DOES NOT APPLY. THIS SHOULD BE CHANGED TO STATE THOSE SECTIONS WHERE APPLICABLE. SECTION 10.16.070 ITEM ~ THE ENTIRE DOCUMENT DOES NOT APPLY. CHANGED. THE LANGUAGE SHOULD BE SECTION 10.16.080 ITEM A UNDER WHAT LAW CAN CRIMINAL CHANGES BE BROUGHT? DEPENDING ON THE SPECIFICS OF THE PERMIT, ALL PROVISIONS OF TITLE 10 MAY NOT APPLY. CLARIFICATION IS REQUIRED. CHAPTER 10.24 FEES THIS ENTIRE SECTION NEEDS TO HAVE FIXED RATES FOR THE ACTIONS AND SERVICES DEFINED. THE VIOLATIONS ARE QUALIFIED AND QUANTIFIED OR SHOULD BE AND SO SHOULD THE FEES. IT WAS MADE CLEAR DURING THE PUBLIC HEARING THAT THIS PROGRAM WOULD BE SELF FUNDED. THE ONLY ASSURANCE THAT THIS IS THE CASE IS TO IDENTIFY COSTS IN THE FEE SECTION. IF THIS IS NOT DONE, THE ABILITY TO ARBITRARILY SET FEES/FINES BECOMES ARBITRARY, PUNITIVE AND A POTENTIAL VEHICLE TO SUBSIDIZE THIS PROGRAM. 5 " ATTA ::NT 1 P.C. Board Fabrication ETCH- TEK. INC. (415) 671-9800 2455 Bates Avenue Concord. CA 9452C FAX: (415) 671-01E APRIL 03, 1991 R!!Cf!UVl!D APR 041991 CONTRA COSTA COUNTY SANITARY DISTRICT 5019 IMHOFF PLACE MARTINEZ, CA 94553 eccID ~~~~,"':.~~. "'~"~ It' ~~ "~.~ JOYCE MURPHY BOARD OF DIRECTORS, I WANT TO THANK THE BOARD OF DIRECTORS FOR THE OPPORTUNITY TO SUBMIT OUR COMMENTS TO THE PROPOSED TITLE 10. BASED ON YOUR INSTRUCTIONS, A COPY OF OUR COMMENTS IS BEING PROVIDED TO EACH BOARD MEMBER. C.C,C.S.D. WAS KIND ENOUGH TO PROVIDE US WITH A LIST OF ALL THOSE COMPANIES UNDER PERMIT. WE HAVE BEEN IN CONTACT WITH EACH COMPANY ENCOURAGING THEIR PARTICIPATION IN THE ENSUING WORKSHOP SCHEDULED ON 04-05-91. WE FEEL THESE DISCUSSIONS WILL PRODUCE A DOCUMENT THAT IS DEFINITIVE AND UNDERSTOOD BY THE PARTIES INVOLVED. THANKS AGAIN FOR YOUR UNDERSTANDING AND PATIENCE, REGARDS, KEN BEARD .'. -;: . . , COMMENTS ON TITLE 10 C.C.C.S.D. THESE COMMENTS ARE SUBMITTED IN AN EFFORT TO CLARIFY THOSE AREAS WHERE A POTENTIAL CONFLICT BETWEEN C.C.C.S.D. AND THE PARTY UNDER PERMIT COULD EXIST. THE INTENTION OF THESE COMMENTS IS TO ASSIST IN CREATING AN EFFECTIVE WORKING TOOL FOR C.C.C.S.D. AND THE "PERMITTEE" THAT IS UNDERSTOOD, OBJECTIVE AND STRUCTURED TO INSURE COMPLIANCE. THE COMMENTS ARE AS FOLLOWS: ~ 9 ITEM ~ THIS PARAGRAPH IS COMPLETELY SUBJECTIVE. THE TYPE AND FREQUENCY SHOULD BE DEFINED FOR EACH SITUATION. IF THEY CANNOT BE IDENTIFIED AND QUANTIFIED IN THIS DOCUMENT, THEY BECOME ARGUMENTIVE AND SUBJECTIVE AFTER THE FACT. AS PRESENTLY WRITTEN, THE LANGUAGE WORKS TO THE DISADVANTAGE OF ALL PARTIES, IT CAN BE DISCRIMINATORY AND PUNITIVE WHICH WE DO NOT FEEL IS THE INTENT. ~ ~ SECTION 10.08.030 PROHIBITED EFFECTS THE FIRST PARAGRAPH IS UNCLEAR SINCE IT DOES NOT ADDRESS SUBSTANCES OR CONCENTRATIONS AND IMPLIES THAT A COMPANY WITH A PERMIT, IN COMPLIANCE WITH SAID PERMIT, CAN BE IN VIOLATION OF TITLE 10 BASED ON THE INTERACTION WITH THIRD PARTY DISCHARGES. ITEM F IF A GROUP OF PERMITTEES SIMULTANEOUSLY DISCHARGE WASTEWATER, ALL WITHIN THE PERMIT GUIDELINES, THAT ADVERSELY IMPACTS C.C.C.S.D. TREATMENT FACILITIES THEY VIOLATE THIS PARAGRAPH. AGAIN YOU ARE MAKING THE PERMITEE ACCOUNTABLE FOR THIRD PARTY ACTIONS WHICH THEY CANNOT CONTROL. ITEM J. THE USE OF OBJECTIONABLE COLOR IS CONFUSING. ARE THERE SPECIFIC COLORS IN QUESTION? IF SO, THEY SHOULD BE IDENTIFIED. IS THERE SOME CORRELATION BETWEEN COLOR AND TOXICISITY. SECTION 10.08.040 PARAGRAPH A THE FIRST SECTION AGAIN DEALS WITH THIRD PARTY RESPONSIBILITY. PAGE 15 ITEM lS THIS IS UNCLEAR. IF THE MANUFACTURER USES UNPOLLUTED WATER AS A PART OF THE MANUFACTURING PROCESS TO PRODUCE THE PRODUCT, IT SHOULD BE RECOGNIZED IN THIS PARAGRAPH. WHAT IS THE INTENT OF THE PARAGRAPH? IF IT ADDRESSES UNNECESSARY DILUTION TO MEET 1 ..~ -- LIMITS, IT SHOULD BE SO STATED. PAGE 16 ITEM 0 THIS IS UNCLEAR. IS THIS PARAGRAPH APPLICABLE TO C.C.C.S.D. OR THE PERMITTEE? IF THE PERMITTEE IS RESPONSIBLE, HOW IS IT MEASURED AND IDENTIFIED? PAGE 11 SECTION 10.08.090 THIS SECTION CAN BE CLARIFIED TO STATE THAT NEW REQUIREMENTS WILL .BE IDENTIFIED AND TIMETABLES ESTABLISHED FOR COMPLIANCE. SECTION 10.08.100 THIS NEEDS CLARIFICATION. WE HAVE NO PROBLEM WITH THE "DILUTION" ASPECT, HOWEVER, IT IMPLIES THAT COMPANIES ENGAGED IN WATER DEPENDENT MANUFACTURING CANNOT INCREASE PROCESS WATER AS DEMAND FOR PRODUCT INCREASES. HOPEFULLY THIS IS NOT THE INTENT. PAGE ~ SECTION C THESE REQUIREMENTS EXIST IN FEDERAL, STATE, OSHA, FIRE DEPARTMENT AND BOARD OF HEALTH REGULATIONS. CAN THE EXISTING REQUIREMENT BE USED BY C. C. C. S. D. IF APPROVED BY OTHER AGENCIES? WILL IT BE ACCEPTABLE TO C.C.C.S.D.? PAGE 21 SECTION 10.12.020 THE FIRST PARAGRAPH REQUIRES FULL COMPLIANCE WITH THE ORDINANCE BUT THERE ARE NO LIMITS REFINED EXCEPT FOR TABLE I WHICH ARE PROPOSED DISCHARGE LIMITS. ALL OTHER PROHIBITIONS ARE UNDEFINED. THIS IS CONFUSING AND REQUIRES CLARIFICATION. PAGE 22 PARAGRAPH ~ THIS PARAGRAPH APPARENTLY APPLIES ONLY TO C.C.C.S.D., HOWEVER, SINCE THE CLASSIFICATIONS HAVE BEEN PRE-DEFINED, THE DATA COLLECTION IS UNNECESSARY. THIS APPEARS TO BE REDUNDANT AND SHOULD BE DELETED. PARAGRAPH .! THIS IS UNCLEAR. CLASS 1 USERS ARE WELL IDENTIFIED IN THE TRANSMITTAL DOCUMENT USED TO FORWARD TO THE PERMITTEE TITLE 10, HOWEVER IT IS NOT CLEAR IN THIS SECTION. ONE OR THE OTHER SHOULD BE ADOPTED. PAGE 23 WASTEWATER DISCHARGE PERMIT THE 30 DAY APPLICATION PERIOD SHOULD BE INCREASED TO 90 DAYS. HOW WILL THOSE TARGETED BUT NOT YET PERMITTED INDUSTRIES STAY IN COMPLIANCE WITH TITLE 10, IT'S TIME LIMITS AND THE TIMING POTENTIAL FOR VIOLATION? THEY SHOULD HAVE BEEN PART OF THE PLANNING PROCESS. THIS IS CONFUSING AND DUPLICATES IN MOST AREAS 2 , .!, .. DATA CURRENTLY REQUIRED BY OTHER AGENCIES. CAN THE STATE OR HEALTH DEPARTMENT DATA BE USED? PAGE 27 ITEM .J. THIS IMPLIES C.C.C.S.D. CAN DICTATE HOW MUCH AND WHEN PRODUCT CAN BE MANUFACTURED. HOPEFULLY THIS IS NOT THE INTENT. WHAT DOES THIS PARAGRAPH MEAN? ITEM .2 WHAT DETERMINES THIS REQUIREMENT AND FOR WHAT CLASSES OF DISCHARGER? PAGE 28 ITEM 7 WHAT SPECIFICALLY WILL BE REQUIRED AND FROM WHAT CLASSES OF DISCHARGER? ITEM It RECORD KEEPING SYSTEMS ARE IN PLACE AND APPROVED BY THE STATE, OSHA AND BOARD OF HEALTH. CAN THE SAME SYSTEMS BE USED? ITEM II THIS INFORMATION ON SPECIFIC PROCESSES IS PROPRIETARY. THEY SHOULD BE MADE AVAILABLE FOR REVIEW AND DISCUSSION AT THE MANUFACTURERS LOCATION, BUT SHOULD NOT BE SUBMITTED TO A PUBLIC AGENCY. THIS WILL PROVIDE C.C.C.S.D. WITH IMFORMATION WITHOUT THE RISK OF DISCLOSURE UNDER PUBLIC DOMAIN. ITEM 14 WHAT IS AN ALTERATION? THIS IS NOT CLEAR AND COULD RESULT IN AN INTERPRETATIVE VIOLATION. PAGE 29 ITEM 21 THIS IS CURRENTLY BEING PROVIDED TO OTHER AGENCIES. ' CAN THE SAME DATA BE USED? ITEM 24 THIS IS UNCLEAR. WHAT IS THE INTENT? ~ 1Q PARAGRAPH ~ THIS PARAGRAPH ALTHOUGH IT ONLY APPLIES TO CLASS 1 PERMITS IS UNCLEAR. IF LIQUIDATED DAMAGES ARE ASSESSED, EVIDENCE OF NON- COMPLIANCE IS NECESSARY. DOLLAR LIMITS SHOULD BE ESTABLISHED. THIS IS TOO OPEN ENDED. 3 - ~ . . . . PAGE 32 ITEM A.2 EACH COMPANY SHOULD HAVE A LIST OF DESIGNATED EMPLOYEES, RESPONSIBLE FOR PROCESS CONTROLS AND WASTEWATER DISCHARGE NOTIFICATION. THE AVERAGE EMPLOYEE, UNTRAINED IN THIS AREA WOULD NOT BE KNOWLEDGEABLE ENOUGH TO TAKE THIS ACTION. ~ 33 ~ B BASELINE REPORT WHAT IS IT? WHERE IS IT DEFINED? PAGE 34 ~ C WHAT IS THIS? THIS IS UNCLEAR. PAGE 36 ITEM A.2 WHY. SAMPLE FOR PRODUCT NOT USED IN THE MANUFACTURING PROCESS? THIS IS AN UNNECESSARY EXPENSE IMPOSED ON THE MANUFACTURER. PAGE 37 ITEM A8 IF C.C.C.S.D. WANTS TO TAKE SAMPLES IT IS THEIR PERROGATIVE. COST FOR ADDITIONAL SAMPLING SHOULD BE ABSORBED BY C.C.C.S.D. SINCE DEFINED REQUIREMENTS EXIST FOR RESAMPLING WHEN COMPLIANCE IS IN QUESTION THE INTENT OF THE RETEST IS UNCLEAR. SECTION 10.12.070 SIGMATORY REOUIREMENT THIS IS NOT REQUIRED UNDER ANY CURRENT LEGISLATION. LEGISLATION ENFORCES THIS LANGUAGE? WHAT SECTION 10.12.080 RIGHT OF ENTRY THIS RIGHT OF ENTRY MUST BE FOR CAUSE. ANY OTHER BASIS FOR ENTRY MAKES C.C.C.S.D. A REGULATORY AGENCY. A BASIS SHOULD BE DEFINED. IF A PERMITTEE IS IN COMPLIANCE, ~HY THE NEED FOR ACCESS? WHO MAKES THE RETERMINATION? ON WHAT BASIS? SECTION 10.12.120 CONFIDENTIAL INFORMATION THIS IS DUPLICATED AND COVERED IN OUR EARLIER COMMENTS. SECTION 10.16.010 ENFORCEMENT MECHANISMS THIS SECTION IS UNCLEAR. THE ENFORCEMENT ACTIONS SHOULD BE DEFINED. SPECIFICS IDENTIFIED NOW SERVE NOTICE TO THE VIOLATOR OR THE CONSEQUENCES OF THE VIOLATION. SECTION 10.16.030 ADMINISTRATIVE ORDERS WHAT IS MEANT BY CEASE QE DISCHARGE IMMEDIATELY? WILL THE TIMING PERMIT THIS TO HAPPEN? WHAT EFFECT WILL THIS HAVE ON C.C.C.S.D. AND THE MANUFACTURER? 4 ..~ . .. SECTION 10.16.040 THE BASIS FOR CALCULATION IS UNCLEAR. HOW IS VOLUME CALCULATED AND OVER WHAT PERIOD OF TIME? PAGE 50 TABLE l. THE TABLE 1 IN THE ATTACHMENT SCHEDULE TO THE C.C.C.S.D. TRANSMITTAL LETTER ALLOWS PH UP TO 12.5 WHICH IS IN CONFLICT WITH THIS TABLE. THIS SHOULD BE CORRECTED. SECTION 10.16.060 SUSPENSION OF SERVICE PAGE 54 ITEM li..d. WE STATED EARLIER THAT ACCESS FOR CAUSE IS NOT A PROBLEM. USING THE THREAT OF SHUTDOWN TO GAIN ACCESS IS PUNITIVE. PAGE 55 ITEM B.7 THIS IS UNCLEAR. THE ENTIRE ORDINANCE DOES NOT APPLY. THIS SHOULD BE CHANGED TO STATE THOSE SECTIONS WHERE APPLICABLE. SECTION 10.16.070 ITEM ~ THE ENTIRE DOCUMENT DOES NOT APPLY. THE LANGUAGE SHOULD BE CHANGED. SECTION 10.16.080 ITEM A UNDER WHAT LAW CAN CRIMINAL CHANGES BE BROUGHT? DEPENDING ON THE SPECIFICS OF THE PERMIT, ALL PROVISIONS OF TITLE 10 MAY NOT APPLY. CLARIFICATION IS REQUIRED. CHAPTER 10.24 FEES THIS ENTIRE SECTION NEEDS TO HAVE FIXED RATES FOR THE ACTIONS AND SERVICES DEFINED. THE VIOLATIONS ARE QUALIFIED AND QUANTIFIED OR SHOULD BE AND SO SHOULD THE FEES. IT WAS MADE CLEAR DURING THE PUBLIC HEARING THAT THIS PROGRAM WOULD BE SELF FUNDED. THE ONLY ASSURANCE THAT THIS IS THE CASE IS TO IDENTIFY COSTS IN THE FEE SECTION. IF THIS IS NOT DONE, THE ABILITY TO ARBITRARILY SET FEES/FINES BECOMES ARBITRARY, PUNITIVE AND A POTENTIAL VEHICLE TO SUBSIDIZE THIS PROGRAM. 5 TACHMENT 2 PROPOSED AMENDMENTS TO THE SOURCE CONTROL ORDINANCE PRESENTED FOR ADOPTION Following are a list of changes which staff now recommends after substantial consultation with users who attended two additional workshops. The suggested changes are set forth by page and section number as follows: 10.04.020. Notice of violation. (page 7) This section should be amended by adding the following: I ............................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . 10.04.020 Definitions. (page 9) GG. Significant Noncompliance (SNC). Any violation of pretreatment requirements which, in the opinion of the District, constitute significant noncompliance which shall include, but not be limited to, instances of chronic violations of wastewater discharge limits, slug discharges, violations of compliance schedule milestones, failure to provide compliance data, failure to accurately report noncompliance, and nny other violation or group of violationo that the Diotrict conoidcro to be ~ General discharqe prohibition (page 12) 10.08.020 This section should be amended by addition of the following paragraph: .;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:.;.;.;.:-:.;.;.:.;.;.;.;.;.;.;.;.;.:.;.;.;.;.;.:.:. ......................................................... F:\DMS\KLA.DIR\0012626.03 K. Prohibited effects. (page 13) Conditions which violate any statute, rule, IIIIS. Prohibited substance or characteristics. (page 13) 10.08.030 10.08.040 A. Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient ei ther alone or by interaction wi th other substances cause fire or damage to District Facilities or be injurious to human health and safety or to the operation of District Facilities. At no time shall a waste stream exceed a closed cup flash point of less than 1400 Fahrenheit or 600 Centigrade using the test method specified in 40 CFR Part 261.21. Also, at no time shall two (2) successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system) be more than five percent (5%) nor any single reading over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. The meter shall be properly calibrated in accordance with the manufacturers instructions using pentane as the calibration standard. rrohibitcd mntcrials ~ sene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlo- rates, perchlorates, bromates, carbides, hydrides, sulfides or any other substance which is a fire or explosion hazard or which the District or other governmental agency has notified the user is a hazard to District Facilities. 10.08.100 Excessive discharge. (page 17) No user shall ever increase the use of process water or, in any way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the National Pretreatment Standards, or in any other poll~.~.~~~.:.~P~.~.!.~.~.~ F:\DMS\KLA.DIR\0012626.03 C. 3. Sluq discharqes. (page 18) The procedure for promptly notifying the District of ~ iii.. discharges, including any discharge that would"Violate a specific discharge prohibition with procedures for follow-up written notification within five (5) days. 10.08.110 10.12.020 ResDonsibility of Users. (page 21) It shall be the responsibility of the user and/or discharger to comply with all of the provisions of this Source Control Ordinance. The omission to act by the District and/or the failure of the District to take cognizance of the nature of the operation of the user and/or the properties of the user's wastewater, shall not relieve the user of responsibility to comply with the conditions of this Ordinance, including, but not limited to, such requirements regarding permitting, the pretreatment, monitoring and reporting. It shall be the responsibility of the user to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this Ordinance prior to any discharge of wastewater, whether or not the user has been in- formed by the District of the requirements which may apply to the user regarding its discharge. All Industrial Users who meet the definition of ClnDD I, II or ~ ImA]i~iiI~IIJ.;:::~~~::::::::g@I~I~IwX and who are currently connected or contr'l'Btit:'e-"""""'Ec{"""'€hEr"""l5'lstrict' s facilities, or who propose to connect or contribute to the District facilities, shall make application for a Wastewater Discharge permit. This application shall be made before connecting to or contributing to the District's facilities, or within ninety (90) days after the enactment of this Ordinance in the event the user is currently connected and not currently permitted. All existing Industrial Users connected to or contributing to the District's facilities and having a current wastewater discharge permit shall be required to obtain a new permit or permit contract upon the expiration of their existing permit. F:\DMS\KlA.DIR\0012626.03 10.12.040 Wastewater Discharqe Permit. (page 23) A. Permit Application. Users required, or who may be required, to obtain a Wastewater Discharge Permit shall complete and file with the District, an application in the form prescribed by the District. A new Industrial Permit Fee may be assessed at the time of the application. Existing iaEiuatr ial Q.W.*I.I:::I$.:I~i.i.::::~~:e.~..I~:I::m:m users (except those with current eimlt's:r:':':':'shaTi"":':':iil'pp1':':':':':':':'Yor a Wastewater Discharge Permit wIthin thirty (30) .iniB2rrt:;:o.::),:: days following the effecti ve date of this Ord'fnanC'Ei"';:':':"':ana proposed new users shall apply at least thirty (30) days prior to connecting to or contributing to the District's Facilities. In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information: 7. Description of activities, facilities and plant processes on the premises including all materials pretreatment facilities. Construction drawings and design criteria shall also be submitted. 12. Type and amount of raw materials processed (average ;;::::::~iillii::~:::'1:1y.lii:~#:lllllllllli\'I:IIII'1::111111111 11111111111111111Ill:i::::::llm:::::::::::::~I~!!E~g!:::::I::::::ml:::::::::::::lg::::::::::::~II! .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.;.:.;.;.;.:.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: 13. Number, type and volume/amount of hazardous substances stored on the premises and a description of the variety of the method of storage and/or the C. Permit Conditions. (page 27) 5. Spccificationo Iggi.lg@m~nlil) for monitoring programs which may iri"ci"1iid.e......................fTow metering, sampling locations, methods of sampling, frequency of sampling, number, types and standards for tests and reporting schedule. F:\DMS\KlA.DIR\0012626.03 14. F. Permit Modifications (page 31) within nine (9) months of the promulgation of a National Pretreatment Standard, the Wastewater Discharge Permit or Permit Contract of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a National Pretreatment Standard, has not previously submitted an application for a Wastewater Discharge Permit as required by section 10.12.050.B. of this Ordinance, the user shall apply for a Wastewater Discharge Permit within one hundred eighty (180) days after the promulgation of the applicable National Pretreatment Standard. In addition, the user with an existing Wastewater Discharge Permit or Permit Contract shall submit to the General Manager within one hundred eighty (180) days after the promulgation of an applicable Federal Pretreatment Standard the information required by section 10.12.040.A. F:\DMS\KLA.DIR\0012626.03 10.12.050 Reportinq Requirements for Permittee and Contract Permittee. C. Compliance Report. (page 33) Within ninety (90) days following the date for final compliance wi th applicable Pretreatment Standards or Requirements or, in the case of a new user connection, following commencement of the introduction of wastewater into District Facilities, any user subject to Pretreatment Standards and Requirements shall submit to the District a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by Pretreatment Standards and Requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units. The report shall state whether the applicable Pretreatment Standards or Requirements are being met on a consistent basis and, if not, what addi tional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User, and a certified qualified professional. Filing of this Compliance ~ Report cannot relieve the user of any fines, civil penalties or other liability which may be imposed by this Ordinance or other applicable law or failure to meet the applicable Pretreatment Standards or Requirements subsequent to the date for final compliance with such applicable standard. 10.12.060 Monitoring. A. Monitoring Requirements. (page 36) 8. District Sampling. The District may collect and analyze samples on its own or request the user to split samples to evaluate compliance with this Ordinance or the user's permit or permit contract. The District also reserves the right to conduct all sampling and analysis for the user with all costs to be paid by the user. In the event that data F:\DMS\KLA.DIR\0012626.03 obtained by the District differs from data provided by the user, the District's data shall be presumed accurate unless and until th~.........~.~~~.........P.~.~y'~.~.~~. .................................. ..............h.................. 10.12.070 Siqnatorv Requirements. (page 40) All applications, reports or other information submitted to the District must contain the following certification statement: "I certify under penalty of -law !!Uiilg that this document and all attachments were ..pFe.p.a:Fed under my direction or supervision and in accordance with the system designed to insure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for Bnl:wlB.I.IM submitting false information, including the...........p6"si""slbility of fine and/or imprisonment for knowing violations." This statement shall be signed by an authorized representative of the Industrial User as defined in 40 CFR 403.12(1) (1-4). 10.12.080 Riqhts of Entry. The District has the right of inspection of the facilities of any user to ascertain whether the Objectives of this Ordinance are being met and all standards and requirements are being complied with. Persons or occupants of premises where wastewater is generated or discharged, or where hazardous substances or hazardous wastes are present, shall allow the District or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, analysis, records examination or in the performance of any of their duties. The District, state prOperty....such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would F:\DMS\KLA.DIR\0012626.03 require proper identification and clearance before entry onto their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the District, state and ErA of their, Alpllfllll:f9Ifi~ authorized representatives, will be permitted.t6...erite.r.;....wT€hout delay, for the purposes of performing their specific responsibilities. 10.12.120 Confidential Information. (page 42) Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and from inspections shall be available to the public or other governmental agency without notification unless the user specifically requests confidentiality and is able to demonstrate to the satisfaction of the District that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. When requested by a user furnishing information to the District, the portions of that information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to other governmental agencies for uses related to this Ordinance, the National Pollutant Discharge Elimination System (NPDES) and/or the pretreatment program. Those portions of the information shall also be available for use by the State or any state agency in judicial review or enforcement proceedings involving the user furnishing the information. Wastewater constituents and characteristics will not be recognized as confidential information. In any event, information accepted by the District as confidential, shall not be transmitted to anyone, including a governmental agency, until and unless a ten-(10) day notification is given to the user. F:\DMS\KLA.DIR\0012626.03 10.16.010 Enforcement Mechanisms. (page 43) It is the intent of this Enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with this Ordinance by all users. These enforcement provisions apply to all classes of users to the extent such user violates any provision of this Ordinance or administrative order of the District pursuant to this Ordinance. In order to achieve the maximum degree of compliance desired, the District will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. The District may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this Ordinance. The enforcement mechanisms provided herein ~ III ~~ cumulative aD to one anothcr and cUlRulo.ti v'c in respect"""'t'6 such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state of California and the United states of America. Nothing in this Ordinance is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this Ordinance which also constitutes a violation of federal or state statutes and regulations. 10.16.020 Informal Administrative Actions. District staff may, on an informal basis, take action against a discharger for minor violations or technical or clerical shortcomings of a user or a user's compliance submittals. These informal administrative actions may include informal ~~~,~.~~~""..ct~"~.~"".~.~.~~P.h.<?~~",,.~~~ls to the user's representative) M: 1!'g'!':i:i~!i"f'f~I~I!I::~:!~'~:6n ~~~O~~~l p:e~~;\n~s s~~se~~~~~m~~ concurrent imposition of non-compliance fees or other enforcement mechanisms. 10.16.030 Administrative Orders and Compliance Schedules. When the District finds that a user has violated the prohibitions or requirements of this Ordinance, or the provisions of a Wastewater Discharge Permit or Wastewater Discharge Permit Contract, the District may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements or provisions to (1) cease to discharge immediatelyts.uspensX6n ~1:::::::~Um:Mmgid::; (2) comply with requirements immediat:gyy::;=-.:::::gp::::::::t'3::Y: miik"e.................s'U.ch.... changes to their pretreatment facility and procedures immediately as to insure full compliance. F:\DMS\KLA.DIR\0012626.03 TABLE I (page 50) FEES FOR NON-COMPLIANCE WITH pH RANGE PERMIT CONDITIONS pH Ranqe Flat Fee Per Day. <1.0 1.0 2.0 2.0 3.0 3.1 4.0 4.1 5.0 >14.0 13.1 14.0 12.1 13.0 11.1 12.0 10.1 11.0 $250.00 200.00 150.00 100.00 50.00 :::::::IB.j::::::III~i::::I::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;;11::::::::lil:::::::I.:::::::rI~:1 - ~~::X:~ time in...th.i...presence of the permittee when practicable. The fees for noncompliance shall be based upon the more severe noncompliance determination. 10.16.060 Suspension or Termination of Service. (page 53) B. Revocation of Permit/Termination of Permit Contract. 7. Tliolation 1:~:a:i.:1m.9jil::::::Ii.p:j:jjl;;pn::f:l:l: of the permit or permi t cori"tFiiC-:f........requIFEiiiie-nt.s.......-o.F........condi tions and/ or violation of this Ordinance; 10.16.070 civil Action. (page 55) B. civil Actions for Penalties. Any user who violates any provision of this Ordinance, permit condition or permit contract condition, or who violates any Cease and Desist Order, prohibition or effluent limitation, shall be liable civilly for a penalty not to exceed six Thousand Dollars ($6,000) for each day in which such violation occ~:J;f:;......pursuant to California Government Code Section S4 7 4D :$.:4/1:\1:1,. District counsel, or other special counsel desTghaled by the Board, upon order of the District Board, shall institute such actions as may be appropriate in the Superior Court to impose, assess and recover such penalties. F:\DMS\KLA.DIR\0012626.03 10.16.110 A. violations of Wastewater Discharge Limits. Respondinq to Siqnificant Noncompliance. (page 58) 1. Chronic violations. Chronic violations shall be deemed to be present when sixty-six percent (66%) of the measurements excee<:!.......!:!}.~......?.~..!..!.Y........~.~.~.!.~~.~........!..!mi t or the same average limit Ill1r:::.g:f:;l.lgf:.'#.I~111 in a six-month period (any maghT€iide........o.r........eXC"Eid"tiri"C"ey.. 2. ~~ same daily maximum limit or the same average limit by more than the tcohnioal revicw oriteria ~gg in a six month period. Such violations may be=aeemed -- 3. other Effluent Limit violations. Any other violation(s) of an effluent limit (average or daily maximum) that the District believes has caused, alone or in combination with other discharges, interference (e. g., slug loads) or pass-through (including adverse effect on any bioaoatc toxicity oampling Mgjl,-ng); or endangered the health of the sewage treatment personnel or the public. B. violation of Compliance Milestones. (page 59) violations of compliance schedule milestones, contained in any order given to the user by the District, including an ECSA for starting and completing construction, oontainment iJ;fil.:~fi@nJ; of final compliance by ninety (90) days or more.......iift.eF........a"iiy scheduled date. C. Failure to Provide Proper Data. Significant noncompliance shall also include failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitori~g reports, ninety-day compliance reports, and period:~m reports) wi thin thirty (30) days from the date such reports or other data are due. F:\DMS\KLA.DIR\0012626.03 E. Other violations. SNC status may also result from any other violation or group of vi 0 la.~.~~~.~.....~.J:l.~~.....~~~.....P'.~~.~.:r;.~C:::.~......<::l~.~.~.~~~.:r;.~.....~.~.....l?t:: ~ F:\DMS\KLA.DIR\0012626.03 ADDITIONAL PROPOSED AMENDMENTS TO THE SOURCE CONTROL ORDINANCE PRESENTED FOR ADOPTIO~ ,Following are a list of additional changes which staff now recommends. The suggested changes are set forth by page and section number as follows: 10.04.070 Repeal. (page 11) The fell.win, seeti.ns 1II1111~1I~11 of the District Code ape 1.1 hereby repealed on the effective Cii'fe='bereof and all sections of tne District Code, Ordinances or parts of Ordinances or the District Code inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with the provisions of this Ordinance. However, nothing in this Ordinance enacting this Title is intended to repeal, extinquish, suspend or allow to elapse any obligation or requirement set forth in existing permits or allow to elapse any Obligation to pay fees then due under the prior ordinances. TABLE I (page 50) FEES FOR NON-COMPLIANCE WITH DH RANGE PERMIT CONDITIONS pH Ra,ure Flat Fee I'cr Day. <1. 9 ~ 14 . 9 $259.99 1.9 2.9 13.1 14.9 299.99 2..9 3.9 12.1 13.9 159.99 3.1 4.9 11.1 12.9 199.99 4.1 5.9 19.1 11.9 59.99 ..j :~~.;.:: .Q .::...:-: ',' '. .:it\~..:0 '::r:::":'::W~Q~i. ~ .hi)g! *pH noncompliance will be based on a grab sample i.lii6jTIII~ ....w_<<.,~w<<...<.. . .w.W wr...ow w~~<'mf~::';iii:""':!:'~~~^"":lI:::!i::~N;i;;:",:........ f :':'''':':~':'':':':''''':'''':':':':':''.'>t'''':':''i'>~mI< ~'H&:h;~~Kf:e . :....... :.,..:......:: .::.::::.::::.j':GV~~~il~'reg)~~~1'~~~!., aI s:~on1dn1 9~:b sample .K..'<<' IT w'<'be taken within a reasonable period of time in ""€he':'''':pr:esence of the pend ttee when practicable. The fees for noncompliance shall be based upon the more severe noncompliance determination. F:\DMS\KLA.DIR\OO12626.0l -,--,._-_.~-""'_.__.._-~--,-~--~ . CentrQ~ Contra Costa Sanitar) District BOARD OF DIRECTORS PAGE 1 OF POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 5. ENGINEERING b. SUBJECT DA TE AUTHORIZE EXECUTION OF AN AGREEMENT WITH April 15, 1991 J.M. MONTGOMERY CONSULTING ENGINEERS TO PREPARE A TYPE OF ACTION FACILITIES PLAN FOR LOS ARABIS DR. & WOODLAND WAY AND TO COMPLETE THE PREDESIGN FOR A REPAIR/REPLACE- AUTHORIZE SUBMITTED BY Laura A. Gee Assistant Engineer INITIATING DEPT.lDIV. Engineering Department Engineering Division ISSUE: Authorization by the Board of Directors is required for the General Manager-Chief Engineer to execute a consulting engineering agreement in an amount greater than $50,000. BACKGROUND: The sewers in the Woodland Way and Los Arabis areas are old (built in the late 1940's) and in poor condition. Significant reaches of these sewers are located in backyard easements and require a high level of maintenance. Dry weather overflows occur due to root intrusion and damaged pipes. Several manhole overflows have occurred in the Los Arabis/Woodland Way Project study area during past periods of light to heavy rainfall. The Wastewater Collection System Master Plan (October 1986) identified these sewers as being deficient under existing conditions and a five-year storm. This project has been given a high priority designation for sewer repair and/or replacement. The Los Arabis/Woodland Way Facilities Plan will evaluate the sewer lines in the entire Los Arabis/Woodland Way basin to identify the alternatives for repair and/or replacement. The plan will include a detailed evaluation of the condition and the capacity of the pipelines within the basin, including a review of the overflow and maintenance records and hydraulic model results. Based upon the evaluation, pipelines requiring improvements will be identified. Opportunities for joint projects with the City of Lafayette will be explored, per previous correspondence with the City. Alternative methods for repair or replacement will be recommended and an overall plan for staged construction of the improvements will be developed for the basin. Subsequent phases of the project will include right-of-way acquisition and preliminary and final design. The preliminary cost estimate for construction of the proposed sewer repair/replacement is $1,100,000. The Los Arabis/Woodland Way Facilities Plan and predesign of the proposed sewer repair/replacement project will be prepared by James M. Montgomery Consulting Engineers (JMM). District staff has negotiated a cost reimbursement agreement with JMM with a cost ceiling of $73,900. JMM was selected because JMM has extensive experience in preparing facilities plans and designing small and large diameter sewer systems, including the Martinez Sewer Improvement Facility Plan and the Martinez Basin 5L Sewer Renovation, DP 6411 . REVIEWED AND RECOMMENDED FOR BOARD ACTION 1302A-9/85 ~ C~JS fi)kl2J DRl~ PItfJ RAB SUBJE<AUTHORIZE EXECUTION OF AN AGREEMENT WITH J.M. MONTGOMERY CONSULTING ENGINEERS TO PREPARE A FACILITIES PLAN FOR LOS ARABIS DR. & WOODLAND WAY AND TO COMPLETE THE PREDESIGN FOR A REPAIR/REPLACE- MENT PROJECT, DP 4785 POSITION PAPER PAGE 2 OF 3 DATE April 15, 1991 This project has been evaluated by staff and determined to be exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 18.3, since it involves replacement or reconstruction of existing facilities involving negligible or no expansion of capacity, except to accommodate wet weather flows. A Notice of Exemption will be filed with the County Clerk. More detailed information regarding the Los Arabis Drive and Woodland Way Sewer Projects can be found in the 1990-1991 Capital Improvement Budget (pages CS 37-39). RECOMMENDATION: Authorize the General Manager-Chief Engineer to execute a cost reimbursement agreement with a cost ceiling of $73,900 for the Los Arabis/Woodland Way Facilities Plan and predesign of the proposed repair/replacement sewer project, DP 4785. 13028-9/85 Orlnda Q Ie-studY Area I Central Contra Costa Sanitary District LOS ARABIS/WOODLAND WAY FACiliTIES PLAN, DP 4785 . Central Contra Costa Sanitary District BOARD OF DIRECTORS PAGE 1 OF 4 POSITION PAPER BOARD MEETING OF April 18, 1991 NO. 6. PERSONNEL a. April 9, 1991 SUBJECT DATE APPROVE PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1991 - 1992 TYPE OF ACTION APPROVE BUDGET SUBMITTED BY INITIATING DEPT.lDIV Cathryn Freitas, Personnel Officer Ad m inistrative/Personnel ISSUE: Staff has analyzed its personnel needs for Fiscal Year 1991-92 and is submitting its requests for final Board consideration and approval at the April 18, 1991 Board Meeting. BACKGROUND: Each department has reviewed its staffing requirements for Fiscal Year 1991-92. The Personnel Budget includes an executive summary of proposed modifications to each department, memoranda from each department with detailed explanations on the effect of these recommended staffing changes, and current organizational charts denoted as Figure 1 and proposed organizational charts denoted as Figure 2. The attached summary sheet (Attachment I) highlights each department's staffing requests, their effect on the number of total authorized positions in the District and the additional cost in salaries, benefits and sewer service charge. As shown in the summary, the total number of authorized regular positions in the District would increase by 9 over last year. In addition, it is proposed that 3 temporary Junior Engineer positions be added. The 18 requested positions are partially offset by 9 positions recommended for deletion. Also, the Collection System Operations Department is requesting an additional student Co-op position over last year. The total Co-op positions would equal eleven (11). In addition to the increased number of positions, the salaries and wages in the 1991-92 0 & M Departmental Budgets will increase from the previous year due to the following: · Any cost-of-Iiving salary adjustments resulting from the negotiated Memoranda of Understanding. · Merit and longevity increases scheduled in 1991-92; · Filling authorized positions which were vacant in 1 990-1 991 ; · Positions authorized in 1 990-1991 which were budgeted for a partial year because of the time required to fill positions. On Tuesday, March 26, 1991, the Personnel Committee met to review the proposed budget. The following Board authorizations and modifications to the District staffing charts were discussed at that meeting. Staff presentations on the Personnel Budget were given at the April 4, 1991 Board meeting. REVIEWED AND RECOMMENDED FOR BOARD ACTION ~ ~NG. ROGER J. DOLAN INITIA TING DEPT.lDIV. 1302A-9/85 C R F PM SUBJECT POSITION PAPER APPROVE PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1991 - 1992 PAGE DATE 2 OF 4 April 9, 1991 Administrative 1. Delete one Accounting Technician III, G-56, $2464 - $2979. Add one Accountant, G-62, $2843 - $3438. Reclassify Accounting Technician III Collette Miller to the position of Accountant. 2. Add one Public Information/Production Assistant, G-52, $2240 - $2707, and adopt class description. 3. Add one Safety Technician, S-64, $3291 - $3621, and adopt class description. Plant Ooerations 4. Add one Secretary III, G-52, $2240 - $2707. 5. Delete one Maintenance Technician II, Machinist, G-62, $2843 - $3438. Add one Machinist, G-65, $3048 - $3693. Enaineerina 6. Delete two Source Control Inspectors, G-60, $2707 - $3276. Add two Source Control Inspectors 1/11, G-60/G-65, $2707 - $3276 and $3048 - $3693. 7. Add one Supv. Source Control Inspector, S-71, $3533 - $4276. 8. Add one Source Control Coordinator 1/11, G-47/G-51, $1951 - $2347 and $2190 - $2645. 9. Delete one Senior Engineer, S-82, $4599 - $5559. Add one Principal Engineer, S-86, $5064 - $6126. Reclassify Senior Engineer Jarred Miyamoto-Mills to Principal Engineer. 10. Delete one Construction Inspector, G-67, $3199 - $3872 and one Assistant Engineer (Construction), G-72, $3606 - $4365. Add two Contract Administrators, G-72, $3606 - $4365. Reclassify Assistant Engineer Ken Clark to Contract Administrator. 11. Delete one Senior Engineering Assistant, G-72, $3606 - $4365. Add one Assistant Engineer (Design), G-72, $3606 - $4365. Reclassify Senior Engineering Assistant Rey Limjoco to Assistant Engineer. 12. Add one Engineering Assistant, G-69, $3357 - $4049. 13. Delete one Engineering Technician 1/11, G-52/G-60, $2240 - $2707 and $2707 - $3276. Add one Engineering Technician III, G-64, $2979 - $3606. 13026-9/85 SUBJECT POSITION PAPER APPROVE PERSONNEL BUDGET REQUESTS FOR FISCAL YEAR 1991 - 1992 PAGE DATE 3 OF 4 April 9, 1991 14. Add three temporary positions of Junior Engineer, G-67, $3199 - $3872. These positions will be automatically eliminated as incumbents are moved into approved full-time positions. C.S.O. 15. Add two Maintenance Crew Members, G-53/G-59, $2294 - $2774 and $2645 - $3199. Secretary of the District 16. Records and Information Coordinator 1/11, 5-47/5-51, $2004- $2412 and $2200- $2656. CO-OP 17. Authorize the hiring of students to fill 11 positions in the CO-OP Program. 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