HomeMy WebLinkAboutAGENDA BACKUP 07-02-92
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PAGE 1 OF 2
POSITION PAPER BOARD MEETING OF July 2, 1992
NO.
4. CONSENT CALENDAR a.
SUBJECT
DATE
June 23, 1992
APPROVE AGREEMENT RELATING TO REAL PROPERTY WITH
BAY VIEW FEDERAL BANK, JOB NO. 1590, PARCEL 34,
DANVILLE AREA
TYPE OF ACTION
APPROVE REAL
PROPERTY AGREEMENT
SUBMITTED BY
Dennis Hall, Associate Engineer
INITIATING DEPT./DIV.
Engineering Dept.llnfrastructure Division
ISSUE: The property owner has requested the District's approval to allow the encroachment
of a trash enclosure within a District easement.
BACKGROUND: The property owner's tenant (Frankie G's Pizza Parlor) has been required
to install the trash enclosure by the Town of Danville. The property owner has cooperated
with District staff by designing the trash enclosure with gates at both ends which will permit
District crews to easily access the easement and sewer facilities. Staff has determined that
the improvements will not interfere with the present use of our sewer. The property owners
have paid our fee for processing the subject agreement.
The agreement provides for the property owner accepting the liability for any damage to
Districts facilities and for additional costs to the District for maintenance and replacement
of the sewer in the area of the encroachment. Additional provisions include the property
owner holding the District free from all claims and liability for injury to persons or to their
property within the easement area and the property owner agreeing not to impede the
District's access to the property. The agreement also provides for the Districts emergency
access to the sewer facilities.
This project (the proposed agreement) has been evaluated by staff and determined to be
exempt from the California Environmental Quality Act (CEQA) under District CEQA
Guidelines Section 18.6, since it involves a minor alteration in land use limitations.
RECOMMENDATION: Approve the Agreement Relating to Real Property with Bay View
Federal Bank, Job No. 1590, and authorize the President of the Board of Directors and the
Secretary of the District to execute said agreement, and authorize the agreement to be
recorded.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATING DEPT./DIV
VI'
1302A-9/85
DH
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VIEW OF TRASH ENCLOSURE
FROM PARKING AREA
(GATES AT FRONT AND REAR FOR ACCESS)
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I REAL PROPERTY AGREEMENT
JOB 1590 PARCEL 34
DANVILLE AREA
----- -T- --
PAGE 1 OF 1
July 2, 1992
NO.
4. CONSENT CALENDAR b.
SUBJECT
DATE
June 23, 1992
ACCEPT CONTRACT WORK FOR THE TREATMENT PLANT
LANDSCAPE PHASE II PROJECT (DISTRICT PROJECT
NO. 10079) AND AUTHORIZE THE FILING OF THE
NOTICE OF COMPLETION
TYPE OF ACTION
ACCEPT CONTRACT
WORK
Munawar Husain, Associate En ineer
INITIATING DEPT.IDIV.
Engineering Department/
Plant En ineerin Division
SUBMITTED BY
ISSUE: Construction has been completed on the Treatment Plant Landscape Phase II Project,
and the work is now ready for acceptance.
BACKGROUND: The contract work included irrigation and landscaping of treatment plant areas
adjacent to Imhoff Drive and the underpass road, as part of a phased program to improve the
overall plant appearance. In addition a 6-inch reclaimed water pipeline was installed along Imhoff
Drive to provide landscape irrigation water to Parcel C (Kiewit parcel), specifically the County
Quarry Products facility. See 1991-92 Capital Improvement Budget, page TP-64 and TP-65 for
additional information.
The construction contract was awarded to the lowest responsible bidder, Mori Hatsushi and
Associates, on June 13, 1991, by the District Board of Directors. The contractor was issued
a Notice to Proceed on July 8, 1991. The original contract completion date was April 21, 1992.
Time extensions were negotiated for additional work items. The contract work has been
completed with beneficial use of the new facilities occurring on May 31, 1992.
It is appropriate to accept the contract work at this time. The total authorized budget for this
project was $300,000. A detailed accounting of project costs will be provided to the Board at
the time of project close out.
RECOMMENDATION: Accept the contract work for the Treatment Plant Landscape Phase II
Project (District Project No. 10079) and authorize the filing of the Notice of Completion.
RE~EWEDANDRECOMMENDEDFORBOARDAcnON
MH
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WEB
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INITIATING DEPT.lDIV.
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1302A-7/91
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS PAGE 1 OF 16
Jul 2, 1992
NO.
4. CONSENT CALENDAR c.
BOARD MEETING OF
SUBJECT
DATE
AUTHORIZE RENEWAL OF THE DEFERRED COMPENSATION
PLAN AGREEMENT WITH GREAT WESTERN BANK FOR FULL-
TIME EMPLOYEES
2
AUTHORIZE
RENEWAL OF
SUBMITTED BY
INITIATING DEPT./DIV.
Walter Funasaki, Finance Officer
Administrative/Finance & Accounting
ISSUE: The Deferred Compensation Plan agreement with Great Western Bank covering
full-time employees is recommended for renewal.
BACKGROUND: The District established a Deferred Compensation Plan (Plan) covering
all full-time employees in January 1976. The Plan is administered by the District's
Deferred Compensation Plan Advisory Committee. Monthly contributions to Plan
accounts are made into designated investment options maintained by Hartford Life
Insurance Company and Great Western Bank. The contract with Hartford Life Insurance
Company is for an indefinite period with a provision for cancellation. The initial contract
with Great Western Bank was for a three-year period, and was renewed for a second
three-year period which will expire on June 30, 1992.
'.
The renewal contract effective July 1, 1992 proposed by Great Western Bank has been
reviewed by the Deferred Compensation Plan Advisory Committee. The major provisions
in the renewal contract are summarized below:
Savings Account Option - The Savings Account has been changed from one whose
yield was indexed to the Five-Year Treasury Note, adjusted quarterly, to a
combination of a savings account and certificates of deposit:
Savings Account yield to be based on the 90-Day Treasury Bill plus
twenty-five basis points, set quarterly; and
Certificates of Deposit of one, two, three, four and five year
maturities whose yields are indexed to yields of the U.S. Treasury Bill
and Notes of the same duration.
Mutual Fund Options - The American Funds Service Company family of mutual
funds provided under the former contract has been expanded by the addition
of the Fidelity Investments and Twentieth Century Investors, Inc. family of
funds.
Fees - There are no changes in the fees charged by Great Western Bank.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
INITIATI,NG DEPT./DIV.
Paper #2/Gtwstern.PP
-'--'..'-'---
SUBJECAUTHORIZE RENEWAL OFTHE DEFERRED COMPENSATION
PLAN AGREEMENT WITH GREAT WESTERN BAN FOR FULL-
TIME EMPLOYEES
PAGE
DATE
2
OF
16
June 26, 1992
As the longer term certificates of deposit would not be available to Plan participants if the
contract were again renewed for a three-year period, the Committee recommends that the
contract be renewed for an indefinite period with a 90-day cancellation clause. A copy
of the renewal contract is attached.
RECOMMENDATION: Authorize renewal of the attached Deferred Compensation Plan
agreement with Great Western Bank for full-time employees effective July 1, 1992.
1302B-7/91
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AGREEMENT
DEFERRED COMPENSATION
CENTRAL CONTRA COSTA SANITARY DISTRICT
GRFAT
WESfERN
m!lj.
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DEFERRED COMPENSATION PLAN AGREEMENT
This Agreement is effective this 1st day of July 1992 by and
between GREAT WESTERN BANK, a Federal savings Bank, hereinafter
referred to as GREAT WESTERN, and the CENTRAL CONTRA COSTA SANITARY
DISTRICT hereinafter referred to as AGENCY~
WHEREAS, AGENCY, pursuant to and. in comJ:')liance with Internal
Revenue Code Section 457, has established ~ Deferred Compensation
Plan, hereinafter referred to as PLAN; and
WHEREAS, AGENCY desires to utilize GREAT WESTERN in the performance
of certain services in connection with the administration of the
PLAN; and
WHEREAS, GREAT WESTERN desires to provide such services subject to
the terms and conditions set forth herein; .)
Now therefore, AGENCY and GREAT WESTERN agree as follows:
1. TERM: This Agreement shall remain in effect until such time
as it may be terminated by the parties. In .the event the
Agreement is terminated for ."Cause" (which shall mean the
failure of either party to. perform any or all of its
obligations as defined herein); the non-defaulting party shall
give the defaulting party written notice, specifying the
particulars of the default. If suc~ default is not cured
within sixty (60) days from the end of the month in which
notice of default is given, the non-defaulting party may
terminate the Agreement effective thirty (30) days after the
end of the sixty (60) day period.
For purposes of this Agreement, "Contract Year" 'shall mean the
period of time between the effective date of the Contract, and
the same day of the month in each suc~eeding year; the first
Contract Year, however, shall be-extended, if necessary in
order to ensure that every Contract Year will end on the last
day of a calendar month. :
Notwithstanding the above, this Agreement may be terminated by
either party, with or without "Cause" as that term may be
defined herein, upon the giving of ninety (90) days written
notice to the other party.
2. FUNDING: AGENCY may fund -this: Agreement by forwarding
participant deferrals to GREAT WESTERN at such times as it may
see fit. .
1
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3. TERMINATION: Upon the effective date of termination of this
Agreement, other than for Cause as defined . above, the
following shall occur:
a. GREAT WESTERN shall issue reports to AGENCY detailing th~
status of PLAN assets no later than twenty (20) business
days . after the end of the month in which termination
becomes effeptive.
b. AGENCY may request liquidation and withdrawal of PLAN
assets. If termination is for Cause, GREAT WESTERN shall
disburse those funds' deposited in GREAT WESTERN, not
subj~ct to penalty for early withdrawal, within thirty
(30) days of the effective date of termination. Funds
deposited in GREAT WESTERN, subject to penalty for early
withdrawal, shall be disbursed according to written
instructi.ons from AGENCY. Funds invested in mutual funds
shall be disbursed as mutually agreed in writing by
AGENCY and GREAT WESTERN. .). .
If termination is due to non-renewal of this Agreement;
GREAT WESTERN shall disburse those funds deposited in
Great Western savings, not subject to penalty for early
withdrawal, within ninety (90) days of the effective date
of termination. Funds deposited in Great Western
savings, . subject to penalty for early withdrawal, shali
be disbursed, after deduction of penal ty, . or left on
deposit untii maturity, according to written instructions
from AGENCY.; Mutual Fund Shares shall be disbursed as
mutually agreed in writing by AGENCY and GREAT WESTERN.
This clause shall not serve to affect normal
distributions to participants pursuant to PLAN.
4. DEFERRALS: The ml.nl.mum participant deferral per- pay period
shall be not less than $5.00.
AGENCY ag:J;:"ees .to:.
a. Cause appropriate deductions to be made from such
payrQll(s) as may be applicable.
b. Send by check or wire transfer the amount of the total
:deductions to :
Great Western Bank
Deferred compensation Department
P.O. Box 6350
Northridge, California 91328
2
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or to such other facility or in such other manner as may
b~ mutually agreed upon between GREAT WESTERN and AGENCY.
c. Provide, in such form as:agreed upon by AGENCY and GREAT
WESTERN, a deferral listing with respect to participant
sub-accounts to include not less than the following:
1. Name of Participant 0
2. social security Number of participant
3. Amount to be credited to participant's
sub-account(s)
GREAT WESTERN agrees to:
d. Establish a sub-account for each parti~ipant.
e. Credit the amounts sent by AGENCY to theshb-account(s)
of the various participants and to. selected investment
vehicles in accordance with the latest written
instructions on file with GREAT WESTERN.
f. Funds invested in the op1;:ion described herein as "GWBIA"
will accrue interest as of the date. of receipt by GREAT
WESTERN. 0
g. Place mutual fund orders, if applicable, within three (3)
business days of the receipt of both, a deferral listing
and check, in accordance with the latest written
instructions on file with GREAT WESTERN.
5. RECORD KEEPING AND REPORTS: GREAT WESTERN agrees to furnish
AGENCY, no later than twenty (20) days following the end of
each month and each quarter ao report regarding the status of
the PLAN containing the following information:
b.
d.
. NOTE:
a.
E~ch participant's name
Each participant's Social Security Number
Each participant's sub-account number
Deposits credited to each sub-account during the period
withdrawals from each sub-account during the period
Interest/Earnings credited to each sub-account during the
period
Total value of each sub-account
Summary totals of the PLAN
c.
e.
f.
g.
h.
Annuity transactions will not appear on the
monthly/quarterly reports and quarterly statements issued
by Great Western. The AGENCY and participants will
r~ceive reports and statements from the insurance
company.
3
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GREAT WESTERN' agrees to provide quarterly statements to
participants in the PLAN, ho later than twenty (20) days following
the end of eacp calendar quarter. Each statement shall identify
the transactions which :have occurred in the participant's
sub-account at.the beginning and the end of the preceding quarter.
GREAT WESTERN agrees to maintain the records necessary to produce
the above mentioned reports, and agrees that all records shall be
the property of AGENCY and that, in the event this Agreement is
terminated for any reason, GREAT WESTERN will provide AGENCY a copy
of such records, in hard copy or such other form as mutually agreed
upon between GREAT WESTERN and AGENCY, within ninety (90) days
after the effective date .of termination. AGENCY agrees that all
related computer tapes, discs and programs shall remain the
property of GREAT WESTERN.
GREAT WESTERN agrees that all :information supplied to and all work
processed or completed by GREAT WESTERN shall be' held to be
confidential and will not be disclosed to anyone oth~r than AGENCY
except as required by law.
6. DISTRIBUTIONS: Upon receipt of authorized written
instructions from AGENCY, in such form and with such
authorization as mutually agreed upon by GREAT WESTERN and
AGENCY, GREAT WESTERN agrees to process the payment of
benefits to participants and beneficiaries in accordance with
PLAN. Distributions shall be made once a month, on the
seventh (7th) calendar day before the last day of the month~
If that day is a Saturday, Sunday or Holiday, distributions
shall be made on the next business day. Initial distribution
requests received by GREAT WESTERN, at its operations office
in Northridge, on and after the sixteenth (16th) calendar day
of a month will be processed the following month. If
applicable, the distribution of funds resulting from the
liquidation of mutual fund shares will be made on the next
distribution date which falls at least five (5) business days
after the , receipt of such funds by GREAT WESTERN. The above
notwithstanding, GREAT WESTERN will cooperate with AGENCY to
not unreasonably delay distribution requests in conjunction
with "emergency withdrawals", as defined in the PLAN.
GREAT WESTERN agrees to withhold appropriate Federal and State
income taxes, according to instructions set forth on form W-4
completed by the participant, to remit such withholdings to
proper taxing authorities, and to issue net funds to
participant(s) or beneficiary (ies) in accordance with
instructions on the Distribution Request Form. GREAT WESTERN
agrees to perform required monthly, quarterly and annual
reporting of withholdings to appropriate taxing authorities.
GREAT WESTERN agrees to issue appropriate annual wage and tax
4
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statements to those participants and beneficiaries who
received distribution(s) during the preceding year and to
retain a copy of such information on file for the period
required by law. GREAT WESTERN agrees -to provide AGENCY a
monthly report of all disbursements made during the previous
month. -
7. INVESTMENT VEHICLES: GREAT WESTERN agrees to provide the
herein described services for AGENC~ with the following
investment vehicles.
A. Great Western Bank Indexed Account _("GWBIA") .
The investment vehicle identified as GWBIA shall be
savings accounts with GREAT WESTERN. Each such account
:shall be subject to rules, regulations and statutes to
which GREAT WESTERN is subject, as promulqated by the
Office of Thrift Supervision (OTS), the Federal Deposit
Insurance Corporation (FDIC) and other such regulatory
authorities. -
GREAT WESTERN agrees to accept PLAN funds for investment in
GWBIA. PLAN funds will earn interest _by whichever of the
following methods results in the highest rate payable:
(1) The rate of interest for all funds: received during the
term of the contract shall be the annualized yield
obtained from the use of the over-the-counter rate
quotation for the 90 Day united States Government
Treasury Bill plus Twenty-five (25) basis points, in
effect on the last business day of each calendar quarter.
This effective annualized yield will be guaranteed for
the succeeding calendar quarter regardless of any
subsequent change in the 90 Day united States -Treasury
.Bill yield.
The current rate/yield is: Rate 4~33 %
_ (T.B.D.)
Yield 4.48 %
The current rate/yield is subiect to chanqe quarterly.
All participants with funds invested in the GWBIA.
whether they are active. inactive. or in distribution.
will have interest credited to their account at the
-current rate/yield. subiect to quarterlY adiustments.
(2) Such other yield as declared by Great Western and shall
not be lower than A.(1) above.
5
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Interest will accrue daily, using the 365/360 day method, will
be credited monthly ,on the last day of the month, and will be
automatically reinvested to allow for monthly compounding.
B. GREAT WESTERN BANK CERTIFICATE OF DEPOSIT (GWBCD)
Great Western will also mak~ available one, two, three,
four and five year certificates "of deposit (CD) whose
yields are indexed to representabive, effective annual
yields on one, two, three, four and five year united
States Government Treasury Notes. For example, a one
year CD will have a yield indexed to the one year
Treasury Note; a two year CD will have a yield indexed to
the two year Treasury Note, etc.
In each case, the effective annualized yields for the
one, two, three, four and five year Treasury Notes will
be determined by reference to represen~ati ve yields
reported in the Wall Street Journal on the last business
day of the calendar quarter~ This yield will become the
effective annualized yield of the GWBCD for the following
Quarter.
Interest will accrue daily, using the 365/360 day method,
will be credited monthly, on the last day of the month,
and will be automatically reinvested to allow for monthly
compounding. :
Other guidelines are as follows:
1. One Year CD: $1,000 minimum deposit, 90 day
interest penalty for early liquidation (separation
from service, plan-to"plan transfers or hardship
excluded)
2. Two - Five Year CD: $1,000 mlnlmum deposit, 180 day
interest penalty for early liquidation (separation
from service, plan-to-plan transfers or hardship
excluded)
3. Lump Sum transfers only.
4. Participants may invest in no more than four (4)
CD's per year.
Plan funds invested in the' GWBIA or GWBCD options are
backed by the full faith and credit of the u.S.
Government and 'are also insured by the Federal Deposit
Insurance corporation, an agency of the Federal
Government, up to $100,00'0 per participant. Great
Western will collateralize any amounts invested in the
6
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GWBIA and GWBCD in excess of FDIC insurance limits by
depositing first deeds of trust on suitable residential
property (i.e. one to four unit) with the Federal Home
Loan Bank in San Francisco. The unpaid outstanding
principal balance of the collateral is adjusted
quarterly, and shall in the aggregate, at:all times equal
or exceed one hundred fifty percent (150%) of the amount
of plan:funds invested in the GWBIA and 'GWBCD i~ excess
of FDIC limits.
..
C. other investment vehicles which will be provided to the
PLAN are described on the attached Schedule 1.
(1)
(2)
(3)
(4)
If applicable, PLAN funds invested in mutual fund
options will utilize Great Western Financial
Securities corporation, a wholly owned subsidiary
of Great Western Financial corporati9n, as the
Broker /Dealer for such transactions~' ':
,I
If applicable, Single Premium Immediate Annuities
and other annui ty products purchased by AGENCY
pursuant to PLAN will be issued and guaranteed by
Great Western Insurance Company, .a wholly owned
subsidiary of Great Western Financial Corporation,
or such other life insurance company selected by
Great Western.
Certain investment vehicles may impose sales
charges. These sales charges will be disc~osed in
the prospectus or insurance contract, whichever is
applicable.
GREAT WESTERN may, from time to . time, offer to
perform the herein described: services for
additional and/or alternate investment vehicles
upon written agreement between GREAT WESTERN and
AGENCY.
8. ENROLLMENT/DISTRIBUTION COUNSELING SERVICES: GREAT. WESTERN
agrees to process, or arrange to have processed, the
enrollment of eligible employees who elect to participate in
the PLAN. GREAT WESTERN agrees to provide informational and
promotional material pursuant to the PLAN for distribution to
employees of AGENCY, subject to approval of such material by
AGENCY, such approval not to be unreasonably wj. thheld. AGENCY
agrees to allow and facilitate the periodic distribution of
such materiai to employees.
GREAT WESTERij agrees to conduct, or arrange to: have conducted,
group presentations periodically for employees of AGENCY, to
explain the PLAN. AGENCY agrees to facilitate the scheduling
of such presentations and to provide facili ties at which.
7
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satisfactory attendance can be expected. GREAT WESTERN agrees
that qualified personnel will be made available periodically
to discuss the PLAN with individual employees of AGENCY.
GREAT WESTERN agrees to provide plan participants
anticipating retirement or other separation from service
with illustrations indicating monthly benefit paYments at
an assumed interest rate. such assumed interest rate
shall be for illustration purposes only. The actual
interest rate/yield shall always be "as described in
section 7-B. .
9. COMPARABLE PLANS: Great Western agrees that the products,
rates, services proposed for Agency are comparable to those
being provided by Great Western to deferred compensation plans
of similar size and complexity. Should Great Western offer
any improvement in interest rates or indexes to other deferred
compensation plans within the State ofealifornia or
additional ancillary benefits during thet~rm of this
agreement, or any extensions thereof, Great Western will
automatically offer said improvements or ancillary benefits to
Agency prospectively from the date same is offered to other
deferred compensation p1ans. Great Western shall have the
affirmative duty to notify Agency in writing of any such
improvement or ancillary:benefits.
10. TITLE AND OWNERSHIP: AGENCY shall at. all times be the
unrestricted owner of all P~ assets, in accordance with IRC
457 provisions.
11. PRIVITY OF CONTRACT: GREAT WESTERN shall have no privity of
contract with PLAN participants. GREAT WESTERN agrees not to
accept or honor instructions which may be submitted by
participants without writtenauthorizatidn from AGENCY.
12. FEES AND EXPENSES: GR~T WESTERN, in c9nsideration of its
services under the Plan, shall receive an annual
administration fee of ten dollars ($10.00) per participant in
the Plan. GREAT WESTERN will deduct the administration fee
from each Participant sub-account in four equal installments
of two dollars fifty cents ($2.50) at the end of each calendar
quarter. GREAT WESTERN requires each Participant to maintain
a cash balance in the GWBIA sufficient to cover administration
fees. No fees will be assessed until such time as the
Agreement may be funded..
other than at the termination of the Agreement, if a
Participant transfers his/her: account, or any portion thereof,
from GREAT WESTERN to another provider ( other than GREAT
WESTERN or a subsidiary' of Great Western Financial
8
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Corporation, . a transfer fee in the amount of twenty-five
dollars ($25.00) will, be assessed. Such fee to be deducted
from the Participant's account prior to transfer of funds.
13. TRANSFERS:
a. .From the GWBIA To Other Great Western Investment Options
GREAT WESTERN will allow the .transfer of funds in
participant sub-accounts from ~he GWBIA to other
investment options provided in the plan Agreement.
Such transfer will be allowed only upon express written
: agreement between AGENCY, GREAT WESTERN and' the
applicable investment option and will be allowed
throughout the term of this Agreement. Funds will be
transferred from the GWBIA to the other investment
:opti.on, within three (3) business days of receipt of
'written authorization from the AGENCY by GREAT WESTERN at
its office in Northridge, California. '/
b. From other Great Western Investment oDtions to GWBIA
,GREAT WESTERN will allow the transfer of funds in
.participant sub-accounts from other, GREAT WESTERN
.investment options provided in the plan Agreement, ,(i.e.
.mutual funds and annuities) to the GWBIA. Such transfers
:will b~ allowed only upon express written agreement
between AGENCY, GREAT WESTERN and the applicable
investment option and will be allowed throughout the term
of this Agreement. The transfer will be initiated within
three ,(3) business days of receipt of written
authorization from the AGENCY by GREAT WESTERN at its
.office in Northridge, California. If a transfer involves
.the liquidation of mutual fund shares, the proceeds from
the sale of said'mutual fund shares, will be credited to
the GWBIA upon receipt of the funds by GREAT WESTERN from
the investment company.
c. From Great Western to Other Investment:Providers
:GREAT WESTERN will allow the transfer of funds in
participant sub-accounts to other investment providers.
Such transfers will be allowed only upon express written
:agreement between AGENCY and GREAT WESTERN and will be
. allowed. throughout the term of this Agreement.
,Transfers will
provisions of
. Expenses)
be processed
humber 12.,
in accordance with
paragraph 2. (Fees
the
and
9
. ._'"._._'"._...._._'_.._-~.__._.~.._-'~----r----._---'--~-_.-..-..--- _....._--"_.,._.,"_._.._.,-,-_.._-_.~,_.,,-"-"-------~..-.-~--._-._--.-
14. CIRCUMSTANCES EXCUSING PERFORMANCE: The performance by the
parties to this AGREEMENT is subject to force ma;eure and
shall be excused for the time and to the extent that it is
prevented by fires, power failures, strikes, acts of God,
restrictions imposed by government or governmental agency, or
delays beyond the delayed party's: control. Failures of or
defaults of participants, employers, or investment vehicles
shall excuse performance by GREAT WESTERN of the duties
affected thereby to the extent and. for the time that it is
prevented from performing them. ~
15. INDEMNIFICATION: Each party to this.Agreement shall indemnify
and hold the other party, its officers, agents and employees
harmless from all damages, losses, costs and expenses,
including attorney fees, amounts paid in settlement,
judgments, and any other legal expense, arising from the
negligence or wrongful conduct, whether negligent or
iptentional, of the indemnifying party or of-its officers,
employees or contractors. GREAT WESTERN shall/not be liable
for investment performance, except.as expressly provided in
this Agreement.
16. ASSIGNABILITY: No party to this Agreement shall assign its
rights or delegate its duties or responsibilities under this
Agreement, or sub-contract any .of its responsibilities
hereunder, without the prior written approval of the other
party. Such approval shall not be unreasonably withheld.
Unless otherwise expressly stated in such approval by a party,
any such assignment or' delegation shall not relieve the
assignor or delegator of any of its duties and obligations
under this Agreement.
17. PARTIES BOUND: This Agreement and the provisions thereof shall
be binding upon and shall inure to the benefit of the
successors and assigns of the respective parties.
18.
APPLICABLE
accordance
California.
LAW:
with
This .Agreement .sh~ll be
the l~ws operating within
construed
the State
in
of
19. UNLAWFUL PROVISIONS: IIi the event any provisions of this
Agreement shall be held illegal or invalid for any reason,
said illegality or invalidity shall not affect the remaining
parts of the Agreement, but the same shall be construed and
enforced as if said illegal or invalid provision had never
been inserted herein. Notwi thstanding anything contained
herein to the contrary,' no party to this Agreement will be
required to perform or render any services hereunder, the
performance or rendition. of which would be in violation of any
laws relating thereto.
10
-_..,_._-_..,-_._-,~,-_..,.,_._-".._-,._.....,..,...,-~_....~..."-------r--.
20. MODIFICATION: This writing is intended both as the final
expression of the Agreement between the parties hereto with
respect to the ~ncluded terms and as a complete and exclusive
statement of the terms of the Agreement, pursuant to
California Code of civil Procedures section 1856 or its
successor(s). No modification of this Agreement shall be
effective unless and until such modification is evidenced by
a writing signed by both parties.
~
21. NOTICES: All notices and demands to be given under this
Agreement by one party to another shall be given by certified
or United States mail, addressed to the party to be notified
or upon whom a demand is being made, at the respective
addresses set forth in this Agreement or such other place as
either party may, from time to time, designate in writing to
the other party". Notice shall be deemed to be effective on the
day the notice "is received by GREAT WESTERN or/the AGENCY.
If to GREAT WESTERN
GREAT WESTERN BANK
Deferred Compensation Department
19850 Plummer Street "
Northridge, California 91311
Attn: Marianne Franco
If to AGENCY
CENTRAL CONTRA COSTA
SANITARY DISTRICT
5019 Imhoff Place
Martinez, California 94553
Attn: Walter Funasaki
Finance Officer
11
--....'-..m-..-...""...-"-.-'-----..--r--...----.-'~~-..-----......-..'".-..,-~-,.~-,~'-~-...---"-<--"",---.,----'-...--....-.-.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective on the date first above written.
"
GREAT WESTERN
AGENCY
.PRESIDENT OF BOARD OF DIRECTORS
BY:
BY:
resident
~.~ ;1't,
'.
.APPROVED AS TO FORM
BY:
Kenton L. Alm
Counsel for the District
DATE SIGNED:
12
SCHEDULE 1
Pursuant to section 7 of this Agreement, other investment vehicles
available under this Agreement are as follows:
AMERICAN MUTUAL FUNDS.
Investment Company of America (ICA)
Growth Fund of America (GFA)
Bond Fund of America (BFA)
Income Fund of America (IFA)
TWENTIETH CENTURY INVESTORS. INC.
Select Fund
Growth Fund
Ultra Fund
Balanced Fund
FIDELITY INVESTMENTS
Fidelity Magellan
Fidelity Equity-Income
Fidelity Retirement Growth
Fidelity Puritan
Fidelity Overseas
METROPOLITAN - ANNUITIES
Single Premium Immediate Annuity
- 13
----------------------------------------,--------------------------------------------------------
~ Central ~~~~~ g~~~R~~~::~~ .Jistricl
PAGE 1 OF 39
POSITION
PAPER
BOARD MEETING OF
SUBJECT
NO.
4. CONSENT CALENDAR d.
DjUhe 30, 1992
SET PUBLIC HEARING DATE TO ADOPT A REVISED
SOURCE CONTROL ORDINANCE
TYPE OF ACTION
SET PUBLIC
HEARING DATE
SUBMITTED BY
INITIATING DEPT/DIV.
Bart Brandenbur , Associate En ineer
ISSUE: A public hearing is required prior to the adoption of a revised Source Control Ordinance.
BACKGROUND: Updates to the Source Control Ordinance were adopted on April 18, 1992.
Additional revisions now need to be made to reflect review comments by the Regional Water
Quality Control Board (RWQCB). These additional revisions were anticipated by staff and were
mentioned at the April 18, 1992, meeting. The RWQCB reviewed the Source Control
Ordinance to determine whether the District authorities were adequate to ensure compliance
with the Federal Pretreatment Regulations. The proposed changes recommended or required
by the RWOCB are attached to this Position Paper. Most of the ordinance revisions are minor
technical corrections. The two more important issues are summarized below.
10.08.060 National Pretreatment Standards
The RWOCB required the District to incorporate by reference the National Categorical
Pretreatment Standards. Although this revised paragraph reflects the requirements included
in the attachment, it is a cumbersome process because the District's ordinance as well as the
Concord and Clayton ordinances will have to be amended as pretreatment standards are
revised. It is anticipated that revisions will be infrequent. Therefore, staff considers this
requirement to be acceptable.
Permit Contracts
The RWOCB recommended deleting the permit contract provisions of the ordinance and instead
wishes permits to be the controlling document. Staff believes that it is better to issue permit
contracts where the discharger may have wastewater with unique characteristics such as from
a hazardous waste site or a refinery. Staff views a permit contract as a more stringent
document than a permit and thus protects the rights of the District. Accordingly the permit
contract provisions are not deleted in the attachment. This has received tentative approval
from the RWQCB.
Staff has also taken the opportunity to (1) revise the waste hauler sections of the ordinance
to include conditions under which a waste hauler permit may be denied, revoked, or suspended,
and (2) revised the monitoring section of the ordinance to clarify the sampling protocols.
INITIATING DEPT/DIV.
~l.b
!J~
~
1302A-9/85
BLB
DRW
RAB
KLA
-. .-..--.-......-.--.-- .--...---.-. --..-.-----.-..------..--..-..-----T-.........--...-----.------..--
SET PUBLIC HEARING DATE TO ADOPT A REVISED
SOURCE CONTROL ORDINANCE
!11111,1~11111f.llli
SUBJECT
PAGE
DATE
?
OF 39
June 3D, 1992
Recent enforcement .issues with septage haulers have been dealt with under the language of
Section B, page 68. The proposed language in Section C provides additional clarity to the
District's authority when compliance issues arise.
The ordinance revisions presented in the position paper have been transmitted to the RWQCB
for their approval. Staff believes these revisions will be approved by the RWQCB. However,
the possibility of future minor changes cannot be ruled out.
This position paper is transmitted at this time for Board information. At the public hearing,
staff will discuss the changes which are proposed to be made to the existing Source Control
Ordinance and be available to respond to Board and public comments.
The proposed ordinance has been sent to 40 existing and potentially new permitted industries.
In addition, an article was published in the Contra Costa Times which summarized the major
changes.
RECOMMENDATION: Establish July 16, 1992, as the date for the public hearing on the
proposed Source Control Ordinance and authorize District staff to publish Notice of Public
Hearing.
13028-7/91
_"__~_____.__'___~_______.___.______.__"___.._.__~.....~.__.,"___._______._____._____.'_'___' ,._~_,._.,_'_."___m.__._..__._..._"___
A IT ACHMENT TO POSITION PAPER
This attachment contains excerpts from the Source Control Ordinance and includes all of the
proposed revisions recommended by staff.
wastewater due to its volume, strength,
composition, or its derivation from a hazardous
waste or substance, or the potential variability
in the character of the wastewater, or on the
potential for increased administrative cost to the
District due to the unusual character of the
waste.
F. Class II Industrial User. Any non-domestic user
of the District1s wastewater disposal system who
(1) has a discharge flow of Twenty-Five Thousand
or (~r::(:~:}r is subject to national pretreatment
standards: or (4)00$* has in its untreated
wastewater pOlluta,nts"""which. are in excess of any
pretreatment standard Qi.t::I@fgqqi.;~~mgfi$., including
any standard identif ied "Trt""€hl~;-"""BraTnahce or local
limits set by resolution of the District Board or
(5)$&00 may, in the opinion of the District, have a
oignlIicant impact, either oingularly or in
combination \:ith other contributing induotrieo, on
the D iotr ict a1?.~.~.~!:Y......!:9.......~~.~.~......~~~......9..~j,~~.~.~y~.e......9..:f.
G. Class III Industrial User. Any non-domestic user
which may, in the
opinion of the District, have an impact on the
District1s ability to meet the objectives of this
Ordinance. This impact may be of a lesser degree
than for a Class II Industiial User due to the
volume, characteristics, or the nature of the
process producing the waste. Any non-domestiC{
User which generates hazardous waste, whether or
not said wastes is, in the normal course of the
industrial process, discharged into the sanitary
sewer system, may be considered a Class III'
Industrial User. A non-domestic user may be
classified as a Class III Industrial User if any
of the hazardous waste is being discharged into
the sewer, or if, in the opinion of the District,
there is a potential for this waste to be
discharged into the sewer, even through accident
in non-process or process of handling of the
-4-
F:\DMS\KlA.DIR\0007926.10
-.-----.--,"...............-----..
u.
v.
w.
x.
y\;::
:.:.;.;.:.:.:.;
z\;
~f!
human origin similar to domestic wastewater which
have been mixed with industrial wastes or
wastewater prior to discharge to the District's
Facilities.
Interceptor. A precast or cast-in-place concrete
containment device designed to intercept, trap or
otherwise prevent grease, sand, flammable liquids
or other substances potentially harmful to the
sewerage system from entering said system.
Interference. An act that harms or disrupts the
facilities, processes, or operations of the
District; or has an adverse affect on the quality
of the effluent, sludge, air emissions, or other
residuals generated by the District's facilities;
or has an adverse affect on the receiving waters;
or is likely to endanger life, health, or property
or otherwise cause a nuisance; or results in
violation of the District's NPDES permit or other
permits; or, in the opinion of the District,
otherwise adversely affects the District's ability
to meet the objectives of Section 10.04.010 of
this Ordinance.
National Pretreatment Standard. Any regulation
containing pollutant discharge limits promulgated
by the EPA in accordance with Section 307(b) and
(c) of the Act (33 U.S.C. 1317) which applies to
Industrial Users.
National Pollution Discharge Elimination System or
NPDES Permit. A permit issued pursuant to section
402 of the Act (33 U.S.C. 1342).
..............h..
.................
. ...................
. ...... ..... - .
[
i .
~f.~i_.Liiit.'tI_
-7-
F:\DMS\KLA.DIR\0007926.10
..----.-.-.--,-..-......-....-.
JJ: . Bf&t
Notice of violation. A document informing the
user that it has violated the District Source
Control Ordinance and appropriate corrective
action must be taken.
~. CC=t: Ordinance. The term "this Ordinance" and/or
"source control ordinance" and similar uses of the
term "ordinance" shall refer to the entirety of
Title 10 of the Central Contra Costa Sanitary
District Code, including any and all amendments
thereto.
bIfif
':':::':::':::':'::.':
11~llilirlldllllll.l'i6\'II~"'111;111111;1
/orA. EE,=.;::,
Person. Any individual, partnership, copartner-
ship, firm, company, corporation, association,
joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal
representatives, agents or assigns. The masculine
gender shall include the feminine, the singular
shall include the plural where indicated by the
context.
BB.~ficl pH. The logarithm (base 10) of the reciprocal of
the concentration of hydrogen ions expressed in
moles per liter of solution.
-8-
F:\DMS\KLA.DIR\0007926.10
.-------- -. ---~ - .----r---- ~------~ ------------.---- -- - --..-- -- --
~~. Pollutant. Includes sewage or any characteristic
of sewage and any and all other waste substances,
liquid, solid, gaseous, or radioactive, associated
with human habitation, or of human or animal
origin, or from any commercial producing,
manufacturing, or processing operation of whatever
nature.
BB.HHW Pollution. An alteration of the quality of the
........... waters of the state by waste to a degree which
unreasonably affects (1) such waters for benefi-
cial use or (2) facilities which serve such
beneficial uses or which creates a hazard to the
public health.
BE.!I. Pretreatment or Treatment. The reduction of the
...... amount of pollutants, the elimination of pollu-
tants, or the alteration of the nature of pollu-
tants, or the alteration of the nature of pollu-
tant properties in wastewater to a less harmful
state prior to or in lieu of discharging or
otherwise introducing such pollutants into Dis-
trict facilities. The reduction of alteration can
be obtained by physical, chemical or biological
processes, or process changes other means, except
as prohibited by 40 CFR section 403.6(d).
JJ.
F-F-.KKV: Pretreatment Standard. Any regulation of the
District, State, or EPA containing pollutant
discharge limits or other procedural or substan-
tive requirements of the user.
GG.Llh Slug Discharge. A discharge capable of causing
adverse impacts to the Dist~ict, its workers, or
the environment, or any pollutant including an
oxygen-demanding pollutant released in a discharge
at a flow rate and/or pollutant concentration
which may cause interference with the operation of
the District I s sewerage system. The discharge
will be considered a slug discharge if the flow
rate or concentrations or quantities of pollutants.
exceed for any time period longer than fifteen
(15) minutes or more than five times the average
twenty-four (24) hour concentration, quantity or
flow during normal operations. A slug discharge
is considered to be a discharge of a non-routine,
episodic nature, including, but not limited to, an
accidental spill, or a non-customary batch
-9-
F:\DMS\KLA.DIR\0007926.10
_________*___._._________.,_'_._~____,..___-..-....--.-.-........,---.-----.....---.,.----.-.-----.-.___...0_____.-..--.-- __._,.___,__,_.__,._._______
discharge. Batch discharges are intentional,
controllable discharges that occur periodically
within an industrial user's process (typically the
result of a noncontinuous process). Accidental
spills are unintentional, largely uncontrolled
discharges that may result from leaks or spills of
storage containers or manufacturing processes in
an area with access to floor drains.
HH. ~~:
significant N().f.l~<?ll)..P..:I:-.:'i:-.<:i.f.l~~.. (SNC). Any violation of
pretreatment ~~ngl.g~~@gp requirements which, in
the op inion....................of"......................thet........ D istr ict , const i tute
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 any other
violation or group of violations as more
particularly'. set forth in section 10.16.110 of
this Ordinance.
H. 'H!i:t!:
Standard Industrial Classification (SIC). A
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive
Office of the President, Office of Management and
Budget.
JJ.QQW State. State of California.
**'.!Hrw Storm Water. Any flow occurring during or fol-
lowing any form of natural precipitation and
resulting therefrom.
Y:,. QaW
Suspended Solids. The total suspended matter that
floats on the surface of, or is suspended in,
water, wastewater or other liquids, and which is
removable by laboratory filtering.
MM.2!RM
Trap. A cast iron or stainiess steel containment
device used for trapping substances and to prevent
grease, sand or flammable liqUids from entering
the sewerage system.
NN.$.$. Treatment Plant. Any facility owned by the
District that is designed to provide treatment to'
wastewater.
OO.TT. User. Any person who contributes or causes the
contribution of wastewater into District facili-
ties.
-10-
F:\DMS\KLA.DIR\0007926.10
-..-----..--.-.--..--,------....--.....---...............-....-...-..-----................-.......-..---.-...........
pp. trtJ. Wastewater. The liquid and wa ter-carr ied
industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, and
institutions, together with any ground water,
surface water, and storm water that may be
present, whether treated or untreated, which is
contributed into or permitted to enter the Dis-
trict's facilities.
w.yy. Wastewater Discharge Permit. As set forth in
Section 10.12.040 of this Ordinance.
RR.~. Waters of the State. All streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs,
reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of
water, surface or underground, natural or
artificial, public or private, which are contained
within, flow through, or border upon the State or
any portion thereof.
10.04.030
Abbreviations.
The following abbreviations shall have the designated
meanings:
BOD
CAC
CFR
COD
EPA
I
mg
mg/l
NPDES
Biochemical Oxygen Demand
California Administrative Code
Code of Federal Regulations
Chemical Oxygen Demand
Environmental Protection Agency
Liter
Milligrams
Milligrams per Liter
National Pollutant Discharge
Elimination System
Standard Industrial Classification
united States Code
Total Suspende~ Solids
SIC
USC
TSS
10.04.040
Ministerial permit issuance.
The District Board has determined that the issuance of
wastewater discharge permits pursuant to the provisions of
this Ordinance is a ministerial act. The District Board
further finds that the act of entering into a permit-
contract is non-ministerial.
10.04.050
Severability.
If any provision, paragraph, word, section or article of
this Ordinance is invalidated by any court of competent
jurisdiction, the remaining provisions, paragraphs, words,
-11-
F:\DMS\KLA.DIR\0007926.10
sections:
10.08.010
10.08.020
10.08.030
10.08.040
10.08.050
10.08.060
10.08.070
10.08.080
10.08.090
10.08.100
10.08.110
10.08.120
Chapter 10.08
REGULATIONS
Permissible discharges.
General discharge prohibition.
Prohibited effects.
Prohibited substances or characteristics.
Prohibited discharge location.
National pretreatment standards.
Specific pollutant limitations.
State and federal requirements and
standards.
District's right of revision.
Excessive discharge.
Slug discharges.
Hazardous Waste Discharges
10.08.010
Permissible discharqes.
Wastewater may be discharged into public sewers for
collection, treatment and disposal by the District
provided that such wastewater discharge is in compliance
with this Ordinance and the conditions of any industrial
wastewater permit and/or permit contract; and further
provided that the user pays all applicable District sewer
fees and charges including any penalties or charges
assessed under this Ordinance.
10.08.020
General discharqe prohibition.
No user shall contribute or cause to be contributed, any
pollutant or wastewater which will pass through the
District's Facilities or interfere with the operation or
performance of the District' s Facilities. This
prohibition includes any type of pollutant or wastewater
as se~ forth in the prohibition sections of this
Ordinance. These general prohibitions apply to all users
of the District's Facilities whether or not the user is
subject to National Pretreatment Standards or any other
National, State, or District pretreatment standards or
requirements.
A User shall have an affirmative defense in any
enforcement action brought against it alleging a violation
of the general prohibitions, including a violation of the
specifically prohibited effects or characteristics, where
the User can demonstrateXim:j:' that the User did not know or
have reason to know th~(€""" its discharge, alone or in
-13-
F:\DMS\KLA.DIR\0007926.10
.._--_._---~.._._-_.__..__..._........._._...
conjunction with a discharge or discharges from other
sources, would result in a violation of this Ordinance,
including a prohibited effect or prohibited
10.08.030
Prohibited effects.
A user may not discharge, or cause to be discharged,
wastewater into any District Facility if it contains
substances or has characteristics which, either alone or
by interaction with other wastewater, cause or threaten to
cause:
A. Damage to District Facilities.
B. Interference or impairment of operation or
maintenance of District Facilities.
c. obstruction of flow in District Facilities.
D. Hazard to human life.
E. Interference with treatment plant or disposal
processes, including recycling or any
reclamation processes.
F. The treatment plant's effluent or any other
product of the treatment plant such as residues,
sludge, ash or scum, to be unsuitable for recla-
mation and reuse. In no case shall substances
discharged to the District yacilities cause the
plant to be in noncompliance with sludge use or
disposal criteria, guidelin~s or regulations.
I
G. The District to violate its National Pollutant
Discharge Elimination System (NPDES) permit or the
receiving water quality standards.
H. Flammable or explosive conditions.
I. A noxious or malodorous condition, a public
nuisance, a hazard to life, or conditions suffi-
cient to prevent normal entry into the sewers or
other District Facilities for maintenance and
repair.
-14-
F:\DMS\KLA.DIR\0007926.10
----- ._-~----------------------------,.---------_._-----_.._.----- -....-----.------------------
J.
objectionable coloration or other condition in
the quality of the District's treatment plant
influent which interferes with or passes through
treatment plant.
K.
Conditions which violate any statute, rule,
regulation or ordinance of any public agency,
relating to releases of hazardous wastes,
hazardous substances or other pollutants to the
environment when such release is to a publicly-
owned sanitary sewer.
L.
Any alteration or change of the District's NPDES
permit or any additional regulatory supervision,
intervention or oversight of the District's
operations.
M.
Any alteration of the District's treatment
plant processes.
N.
Any significant alteration of District operations,
including but not limited to, affecting the
ability of the District to procure adequate
insurance and/or subjecting the District opera-
tions to significantly increased potential lia-
bility.
10.08.040
Prohibited substances or characteristics.
A user shall not discharge, or cause to be discharged,
;~"~!~~'~Bruffin98B~S;m~lli to a District Facility any of the
A. Any liquids, solids or gases which by reason of
their nature or quantity are, or may be, suffi-
cient either alone or by interaction with 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. The materials which may be prohibited
if they cause explosive or fire dangers as defined
-15-
F:\DMS\KLA.DIR\0007926.10
herein include, but are not limited to, gasoline,
kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hy-
drides, sulfides or any other substance which is a
fire or explosion hazard@ which the Diotrict er
otner government;).l ngency""h;).o notif ied the uaer -is-
a hazard to Diatrict Facilitiea.
B. Any solid or viscous substance in amounts or
concentrations which may cause or threaten to
cause obstruction to the flow in a sewer or pass-
through of, or interference with, the operations
of any District Facilities such as, but not
limited to, feathers, ashes, cinders, sand, spent
lime, stone or marble dust, metal, glass, straw,
shavings, grass clippings, rags, spent grains,
spent hops, waste paper, wood, plastic, tar,
asphalt residues, residues from refining or
processing of fuel or lUbricating oil, petroleum
oil, non-biodegradable cutting or machine oils,
products of mineral origin, mud, cement grout,
glass, grinding or polishing wastes, grease, gar-
bage with particles greater than one-half inch
(1/2") in any dimension, animal guts or tissues,
paunch manure, bones, hair, hides or fleshings,
entrails or whole blood.
C. Any wastewater having a pH less than 5.5 or equal
to or greater than 12.5, or wastewater having any
other corrosive property capable of causing damage
or hazard to structures, equipment, humans or
animals.
D. Any wastewater containing hazardous pollutants in
sufficient quantity, either singly or by
interaction with other pollutants, to injure or
interfere with any wastewater treatment process,
constitute a hazard to human or animal health or
safety, create an adverse effect on the waters of
the state, or to exceed the limitations set forth
in a National Pretreatment standard.
E. Any wastewater having a temperature which will
inhibit biological activity in the Treatment Plant
resulting in interference or pass through, but in
no case wastewat~r which causes the temperature at
the introduction into the Treatment Plant to
exceed forty degrees (400) Centigrade (one hundred
o .
four degrees (104 ) Fahrenhelt unleaa the Treatment
Plant io deoigned to accommodate ouch temperature
or with a temperature at the point of discharge to
the District's collection system which exceeds
-16-
F:\DMS\KLA.DIR\0007926.10
... ---.-...---,..-.......
F.
G.
H.
I.
J.
K.
L.
.. o.
s1xty-f1ve degrees (65 ) Cent1grade (one hundred
fifty degrees (1500) Fahrenheit).
Any pollutants, including oxygen demanding pollu-
tants (BOD, COD, etc.) released at a flow rate
and/or pollutant concentration which alone or in
combination with others, may cause interference or
pass through. Regardless of whether a slug load
causes or will cause interference or pass through,
in no case shall a slug load have a flow rate or
contain concentration or quantities of pollutants
that exceed for any time period longer than
fifteen (15) minutes, more than five (5) times the
average twenty-four (24) hour concentration,
quantities, or flow during normal operation .
Any discharge which results in toxic gases,
vapors, or fumes in a quantity that may cause
acute worker health and safety problems within any
District facility.
Any noxious or malodorous liquids, gases or
solids.
Any wastewater containing any radioactive wastes
or isotopes exceeding any limits set forth in CAC,
Title 17, section 30287.
Any storm water, ground water, rain water, street
d::ainage, subsurface. drainage, yar~::::::::::::::::e:;::e:~:n~:~:;::r.
d1atomaceous earth f1lter backwash 9P:::~::::t$.WA_~ng
PS94iliIF~Wn~gm, unless a specific permrt~rs~issued
by....tlie......b.I"sEflct. The District may approve such
discharge only when no reasonable alternative is
available or such water is determined to
constitute a pollution hazard, if not discharged
to the sewer.
Any unpolluted water, including but not limited to
cooling water, process wate'r or blow-down .f.erm
@~9m cooling towers or evaporative coolers or any
other unpolluted water unless a permit for such
has been obtained from the District prior to the
discharge. The District may approve the discharge
of such water only when no reasonable alternative
method of disposal is available or such'
alternative, in the determination of the District,
is unacceptable.
iii.~f~
-17-
F:\DMS\KlA.DIR\0007926.10
M.
N.
O.
10.08.050
I
sludge or waste is transported to the District by
a permitted oeptage W:g~n;g hauler in accordance
with the regulations set"'t6rth in Chapter 10.28 of
this Ordinance.
Any waste defined as hazardous, by any definition
set forth in federal and/or state statutes or
regulations, unless such waste has been delisted
or decertified by the appropriate federal or state
agency, and/or a variance has been granted by the
appropriate federal or state agency, including
provisions for discharge to a District Facility,
and said variance provisions are approved by the
District.
Any substance, waste, wastewater or constituent
thereof as may be specifically prohibited or
prohibited by concentration levels as may be set
forth in local limits adopted by resolution of the
District Board and a copy of said standards having
been placed on file at the District office.
Any substance, waste, wastewater or constituent
thereof which may by itself or in combination with
other discharges cause the District to violate any
permit conditions related to toxicity of the
effluent or otherwise cause or contribute to the
potential for toxic substances being released from
District facilities into the environment in toxic
amounts.
Prohibited discharqe location.
No user shall discharge any wastewater directly into a
manhole or other opening in the District sewage system
other than through sewer laterals or other sewer connec-
tion approved by the District, unless a permit has been
obtained for such discharge. A permit will only be issued
for such direct discharge in the event the discharge is
otherwise in compliance with provisions of this Ordinance
and no other alternative is reasonably available in the
opinion of the District.
10.08.060
National pretreatment standards.
Upon the promulgation by the EP~"~ of the Nntionnl
Pretreatment Ctandardo, the Nntional Pretreatment ctan
dnrd, if more otringent than otandardo impooed under thio
Ordinance, ohall immediately ouperoede the otandardo
ii_.iiiiiiilB&__
-18-
F:\DMS\KLA.DIR\0007926.10
-------.-----.--,..-.-----------------.-----------------.----
"1_"RfI'~{~'!!!!!!!~'~!!!!
r equ i r erne n t s und er S. ~.~.1::.~.?f.l.... .1.-.9..~..1.- .? .~. g.? 9...~..l3.. ~.. ...~.f.l.c:l...:1.-. 9..~..1.-.? ..~. g..?.9...~..~ .~..
II -
10.08.070
Specific pollutant limitations.
No pcroon g~i~ shall discharge wastewater to a District
Facility whIch exhibits any characteristic which is
specifically prohibited by an action of the District
Board, or any wastewater containing constituents in excess
of any specific constituent level limitations as may be
set by the District Board. Specific pollutant limitations
regarding waste characteristics and/or constituent limits
shall be adopted by resolution.
Any violation of a specific pollutant limitation as may be
set forth in a District Resolution shall subject the user
to the same administrative actions, penalties and/or
enforcement actions as would be available for any other
violation of this Ordinance. The term "Ordinance" as used
elsewhere within this Source Control Ordinance, shall be
read to include the specific pollutant limitations as may
be set forth by resolution.
10.08.080
State and federal reauirements and standards.
In the event that either state or federal requirements and
standards for discharges to District Facilities are more
stringent than the limitations, requirements, and
standards set forth in this Ordinance, the most stringent
standard or requirement shall apply. Modifications of the
federal or state standards and requirements which are more
stringent than the limitations, standards and requirements
as set forth in this Ordinance and are promulgated
subsequent to the adoption of thi~ Ordinance shall be
applied to discharges to District Facilities at such time
and in such manner as is set forth in section 10.12.040 pf
the Ordinance.
10.08.090
District's riqht of revision.
The District reserves the right to establish by Ordinance
or Resolution more stringent limitations or requirements
on discharges to the wastewater disposal system if deemed
necessary to comply with the Objectives presented in this
Ordinance. No revision of limitations or requirements
hereunder shall subject the District to civil liability or
penalty for interference with a vested right of any user.
-19-
F:\DMS\KLA.DIR\0007926.10
,-..-..-......---.--.--........---.-----..--..---..---..
F
tion and data concerning their processes, including
discharge samples, as may be necessary for the District to
determine whether such user should be designated as Class
I, II, III or IV. Industrial users must, if requested,
provide such other information regarding the nature of the
entity, its operations, storage and use of chemicals,
storage and use of hazardous substances, as may be reason-
ably necessary to make such determination as to the
classification of said user. The District may also
require information relating to potential for accidental
discharges to a District facility of hazardous or
prohibited substances. Such inquiries may include
information regarding the current disposal procedures of
the user with regard to chemicals and/or substances which
are not in the ordinary "course of the user's operations
discharge to a District facility.
The determination by the District regarding the designa-
tion of an Industrial user as a Class I user may be based
on the unusual. cp.aracter of the wastewater due to its
volume, strength, composition, or its derivation from a
hazardous waste or substance, or the potential variability
in the character of the wastewater, or on the potential
for increased administrative cost to the District due to
the unusual character of the waste. Any additional
administrative costs to be considered may include
increased potential for the administrative oversight by
Federal, State and local agencies as well as the potential
for increased liability exposure and associated legal
costs. The District may also take into consideration
difficulties in enforcement of the Source Control
Ordinance under a wastewater discharge permit and the
enforcement violation and compliance history of the user
with the District, as well as other regulatory agencies.
The determination of the District regarding the designa-
tion of an Industrial User as a Class II user may be based
on whether the discharge of the wastewater is equal to or
greater than twenty-five thousand (25,000) gallons per
average work day flow, or whether the discharge has in its
waste hazardous pollutants, or whether the discharge is
subject to national pretreatment standard, or whether it
has in its untreated wastewater polluta~E.~.........~~..!..9..!I..........~E.~..........~n
I~~m~~i: a:n: tiiSiiiL ~~~~~~~~J~ .
resolution of the District Board, or whether it may, in
the opinion of the District, have a significant impact,
either singularly or in combination with other
contributing industries, on the District's ability to meet
the objectives of this Ordinance.
-25-
F:\DMS\KLA.DIR\0007926.10
-----..........--".---------r--.-----.-----.--..--.---.------.-------.--.---..-..------------...---.
A determination by the District regarding the designation
of an Industrial User as a Class III User may be based on
the standards set forth than the definition of a Class III
Industrial User in this Ordinance. This determination may
include, but not be limited to, the issue of whether the
user stores and/ or uses hazardous substances in such
quantities in its industrial or commercial processes as
may, in the determination of the District, have the
potential to be discharged to District Facilities by
accident or through a slug discharge, causing a measurable
increase in the amount of hazardous substances entering
the District's facilities.
A Class IV Industrial User shall include all industrial
users who are not determined by the District to be Class
I, II or III Industrial Users. Class IV Industrial Users
shall be subject to the requirements of this Ordinance;
however, they will not be required to obtain any
industrial discharge permit unless or until such time as
they are reclassified as a Class I, II or III Industrial
User.
10.12.040
Wastewater Discharqe Permit.
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 Class I and Class II users
(except those with current permits) shall apply
for a Wastewater Discharge Permit within ninety
(90) days following the effective date of this
Ordinance, and propeacd new users shall apply at
least thirty (30) days prior to connecting to or
contributing to the District's Facilities. In
support of the applicatio~, the user may be
required to submit, in units and terms appropriate
for evaluation, some or all of the following
l;iiiill.~:::::illllllll!llll~r!1'!::::I:ffiffi:::::::glm!!:::::~:II::::':Elllffi51!]::::::lg
1. Name and address of the operator or owner
and location of the facility for which the'
permit application is being made.
2. SIC number (s) according to the Standard
Industrial Classification Manual, Bureau of
the Budget, 1972, as amended, for all
operations conducted at the facility.
-26-
F:\DMS\KLA.DIR\0007926.10
__ "_'_._"_"___~___'.."'<~'__'_"'W_.'__.__."'_'_'_""__'_ .....,._,.___..___.__'.~___.,..__....._'._M.~__.__.__..,._~_..., ___"'1' -~'-""-"._- .~-"---'."--"--"",._--,_.,._..__..,--
3. A list of all environmental control permits
and hazardous substance release response
(spill) plans that are held by or for the
facility.
4. Time (s) and duration of all process
discharges.
5. Average daily and fifteen (15) minute peak
wastewater flow rates, including daily,
monthly and seasonal variations if any.
Flow rates shall be provided for each
regulated process stream.
6. site plans, floor plans, mechanical and
plumbing plans and details to show all
sewers, sewer connections, and appurte-
nances by the size, location and elevation.
7. Description of activities, facilities and
plant processes on the premises including
all materials which are or could be dis-
charged, provided such chemicals are
present in quantities sufficient to cause
harm to the operations of the District or
to the environment if released. A
description of any and all existing or
proposed wastewater pretreatment
facilities. Construction drawings and
design criteria shall also be submitted.
8. The nature and concentration of any pollu-
tants in the discharge which are limited by
~:~~:iR!~~
wise requested by the District. Pollutant
data shall be provided for each regulated
process stream. In th~ case of an existing
user, a ~~atement regardin.9 whether or ~?~
the Ppretreatment S#,tandards ~fi.q
I!"!&~"'i:~ i~re ::;,ng =~;:~~r a ~~~~~~~:~~.~
operation and maintenance (O&M) and/or
additional pretreatment is required for the
uf:ier to Il1~.~.1::........<:1.PP.!.~<?~1.?~.~ Ppretrea tment -
,g~tandards~n8:::::::E~M:!E.BB!' ....
9. The nature and concentration of any pollu-
tants in the discharge which are limited by
state or federal standards concerning the
release or discharge of any hazardous
substance or waste.
-27-
F:\OMS\KlA.OIR\0007926.10
10. If additional pretreatment housekeeping,
process changes and/or operations will be
required to meet the Fpretreatment
s~tandards~ng::::P~SH:*P~m€!nF~; the shortest
schedule bY"whTCn..thEr"'\iser will provide
such additional pretreatment. The
completion date in this schedule shall not
be later than the compliance date
established by EPA, the state or the
District for the applicable standard.
The following conditions shall apply to
this schedule:
a. The schedule shall contain incre-
ments of progress in the form of
dates for the commencement and
completion of major events leading
to the construction and operation of
addi tional pretreatment required for
the user to meet the applicable
standards (e. g ., hir ing an eng ineer ,
completing preliminary plans,
completing final plans, executing
contract for major components,
commencing construction, completing
construction, etc.).
b. Not later than fourteen (14) days
following each date in the schedule
and the final date for compliance,
the user shall submit a progress
report to the General Manager
including, as a minimum, whether or
not the user complied with the
increment of progress to be met on
such date and, if not, the date on
which the user expects to comply
with the incre~ent of progress, the
reason for delay, and the steps
being taken by the user to return
the construction to the schedule
established .
11. Each product produced by type, amount,
process or processes and rate of produc-'
tion.
12. Type and amount of raw materials processed
(average and maximum per day) provided such
raw materials are present in quantities
sufficient to cause harm to the operations
-28-
F:\DMS\KlA.DIR\0007926.10
-.--------.....--.--.-......-..--.---,--.--.-.....---------..--.--.--.---..----..---
13.
14.
15.
16.
of the District or to the environment if
released.
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 containment device for
such substances, provided such substances
are present in quanti ties suff icient to
cause harm to the operations of the
District or to the environment if released.
A description of the spill protection and
emergency response procedures used or
proposed to be used at the facility.
Number and classification of employees, and
hours of operation of plant and proposed or
actual hours of operation of pretreatment
system.
iiiiilP'A\drl!~.!.
p.Fe'seht'ea..'Tii"'"'.'th;i permit application is true
I_~.
H.J..S'} Any other information as may be deemed by'
the District to be necessary to evaluate
the permit application.
17.
B. Permit Application Evaluation
All new proopcctivc industrial users shall arrange
for a District representative to conduct a walk
-29-
F:\OMS\KLA.DIR\0007926.10
.--.--..-------.------.--.-------..------.-- ...-.-----------,--.......-..-.....-----...----..-..-.
through site inspection of the user's facilities
dur ing the"H.~.~J.1~:t:.Y"'H'HC9..qJ"HH.<:1.'~Y"'HHP'~:r;~.<:>c:i:'H'HP':r;~or to
~~~n~~~;~lc~~::!R~~~~~~'t"~::::::M~,r~:::::::~~I'~I~~f~~~!e;~
shall submit to the District, within ninety (90)
days after commencement of discharge to the
District's facilities, an analysis of said
discharge delineating wastewater constituents and
characteristics including, but not limited to,
those mentioned in section 10. 08 of this
Ordinance.
The District will evaluate the data furnished by
the user and may require additional information.
After evaluation and acceptance or the data
furnished, the District may determine that no
wastewater discharge permit is required, or the
District may determine that the user is either a
Class I, Class II or Class III Industrial User.
If the District determines that the user is a
Class II or Class III Industrial User, the
District sh~ll issue a wastewater discharge permit
subject to the terms and conditions provided in
this Ordinance. If the District determines that
the user is a Class I User, the District will
promulgate a wastewater discharge permit contract
subject to the terms and conditions provided in
this Ordinance.
C. Permit Conditions.
Permits may contain provisions, requirements and
standards appropriate to carry out the Objectives
of this Ordinance, including but not limited to,
the following:
1. The unit charge or schedule of user charges
and fees for the wastewater to be
discharged to the Di~trict's Facilities.
2 . Limi ts on the average and maximum
wastewater constituents and characteris-
tics. These limits may be based on pollu-
tant concentration and/or mass and may
include prohibitions on discharge of said
pollutants.
3. Limits on average and maximum rate and time
of discharge or requirements for flow
regulation and/or equalization.
-30-
F:\DMS\KLA.DIR\0007926.10
.__~...____. .._u_._........... .......__..
23.
Signatory requirements
responsible corporate
Industrial User.
specifying
officer for
the
the
24. Other conditions as deemed appropriate by
the District to ensure compliance with this
Ordinance.
25. Technical provisions or requirements
related to the wastewater pretreatment
facility which, in the opinion of the
District, may be necessary to insure the
adequacy and reliability of the wastewater
pretreatment system. These technical
conditions may include conditions requiring
continuous monitoring, training personnel,
alarm systems, automated shutoff, flow
through monitoring, and/or provisions for
discharges in batch amounts only subsequent
to sample testing~
D. Permits Duration.
Permits shall be issued for a specified time
period, not to exceed three (3) years. A Permit
may be issued for a period less than a year or may
be stated to expire on a specific date. The user
shall apply for permit reissuance a minimum of
ninety (90) days prior to the expiration of the
user's existing permit. The terms and conditions
of the permit may be subject to modification by
the District during the term of the permit as
limitations or requirements as identified in
section 10.08 are modified or other just cause
exists. The user shall be informed of any
proposed changes in his permit at least thirty
(30) days prior to the effective date of change.
Any changes or new conditions in the permit shall
include a reasonable time scpedule for compliance.
E. Wastewater Discharge Permit Contract.
The District shall require Class I Industrial
Users to enter into a wastewater discharge permit
contract gt.t::I~:A~~:t:~~lg.rI:n9$.jt:~~:~~ggggw.n9ti~t~~!Mg:'i:::{~~)::yg~~~
f or connec"tTiig..........t:.o-.........O'F..........c.oii€FIbiitTiig.......wa.s€ew-a€e.F........"€d
District Facilities. The wastewater discharge
permit contract shall incorporate the provisions
of this Ordinance by reference including all
requirements and standards as may be set forth
herein or promulgated by the District Board by
resolution. The wastewater discharge permit
contract may contain all of the permit provisions
-33-
F:\DMS\KLA.DIR\0007926.10
.----------------------- --------.-----.-.r- -.----------- .---..----.-----.-----.- -
f'
,
set forth in Section lO.12.040.C. In addition, the
permit contract may contain additional provisions,
including but not limited to, the following:
1. Provisions for liquidated damages for
discharges in violation of the discharge
prohibitions and limitations of this
Ordinance and/or of such special prohibi-
tions or limitations as may be set forth in
the permit contract. These liquidated
damages provisions may be proposed without
regard to proof of pass-through, damage to
the environment, or interference with
District facilities or operations and may
be assessed on a strict liability basis for
violation of the noted provisions.
2. Requirements for providing proof of insur-
ance, . indemnification of the District, and
bonding in order to adequately protect the
District, in its judgment, from the
potential of the increased exposure to
liability due to the user's discharge.
3. provisions for termination of the permit
contract and wastewater sewer service for
violation of this Ordinance or other
wastewater permit contract conditions.
4. Any and all other conditions as may be
deemed appropriate by the District to
ensure compliance with all provisions of
this Ordinance and the objectives set forth
herein.
F. Permit Modifications.
within nine (9) montho of the promulg~tion of ~
!!~!:~~~~~~~~:~r~~~:~i~
standards shall be revised to require compliance
with such standard within the time fr~me~p:p
-34-
F:\DMS\KLA.DIR\0007926.10
-----.-..------..-.-.-.....--.-----.---------.-....---.-----------r-------.-.--..-..----.-
!~~~!~1;ffi:~~~::;p'&~!aM%v'~:!€!lll'~~ ~~:~~a:d ~s~~~
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.
\
I
i
!
i
I
In the event the District determines that it is
necessary in order to comply with the objectives
of the Ordinance to impose more stringent
limitations or requirements on discharges to the
wastewater disposal system than are set forth in
an existing permit (for reasons other than
issuance of a new National Pretreatment Standard),
the District shall have the right to require such
reasonable modifications of an existing permit to
incorporate such more stringent limitations or
requirements. In the event such permi t
modification is required, the user shall be
provided with reasonable time to make such
modifications to its processes or procedures as
may be required to meet the more stringent
1 imi ta tions and requirements. After consul ta tions
wi th the user, a Compliance Schedule Agreement
shall be issued which would set forth a reasonable
schedule for the user to comply with the more
stringent standards. If the permit modification
will require construction or acquisition of
equipment related to pretreatment, the Compliance
Schedule Agreement will provide for up to One
Hundred Eighty (180) days to comply; however, this
period may be extended for a period not to exceed
an additional One Hundred Eighty (180) days upon
determination by the General Manager/Chief
Engineer that good cause exists for an additional
period. To the extent that the user remains in
compliance with the permit conditions in effect
prior to amendment during the compliance period, -
the user shall not be liable pursuant to the terms
of this Ordinance for noncompliance with the more
stringent standards or requirements during the
period of the Compliance Schedule Agreement;
provided that the user is also complying with the
terms of said Compliance Schedule Agreement.
-35-
F:\DMS\KLA.DIR\0007926.10
G. Permit and Contract Transfer.
Wastewater Discharge Permits and Wastewater
Discharge Permit Contracts are issued to a spe-
cific user for a specific operation. A wastewater
discharge permit shall not be reassigned or
transferred or sold to a new owner, new user,
different premises, or a new or changed operation
without the prior approval of the District.
However, nothing in this section shall be
construed to prevent the application of the terms
and conditions of this Ordinance, including
enforcement penalties, from applying to a
succeeding owner, successor in interest, or other
as signs of an existing contract of permit holder.
10.12.050
Reportinq Requirement~. for Permittee and Contract
Permittee. .~
A.
Notification of Slug Load or Accidental Discharge
or Accidental Spill.
It is the responsibility of -t:fte a;;t.!lt:!:::!::$.ngy$,!p'p\\g$.
us er~ to immediately telephone ahd'..'.'.'.'.'fiO'tTf'}F.'.'.'.'.'€he
District of any slug load or accidental discharge
as defined in section 10.08.040.F. of this
Ordinance. Notification shall include location of
discharge, type of waste, concentration and volume
and corrective actions.
1. written Notice.
Within five (5) days following the acci-
dental discharge or slug load, the user
shall submit to the General Manager a
detailed written report describing the
cause of the incident and the measures to
be taken by the user to prevent similar
future occurrences.' Such notification
shall not relieve the user of any expense,
loss, damage, or other liability which may
be incurred as a result of damage to
District Facilities, fish kills, or any
other damage to person or property; nor
shall notification relieve the user of any.
fines, penalties, or other liability which
may be imposed by this Ordinance or other
applicable law.
2. Notice to Employees.
Users who are employers shall permanently
post a notice on their bulletin board or
-36-
F:\DMS\KLA.DIR\0007926.10
other prominent place advising employees of
the user whom to call in the event of such
a discharge. The user shall ensure that
all employees who may cause or suffer such
discharge to occur are advised of the
emergency notification procedure.
1~llrill!IIIIIII..I::..II".ilrlillll':l...illlllll"'11111
n9@:~:~:X.9.~I$.pn:::::::M.~:::I~@9.~pg~mw.g}::::~:I{p.fi@pp::::::~fn:::::::::t~a:::::I~nw:::::ngW
I
M~:9:f:gs:m:::::::::wg::::::::f.nf.PE~:::::u?~g*p:::::::::gl::::::::F9::::::::::@~g~g:::::::pp:gp+.~m~:::::::::E9:
Mfi@::::::lIP:i:$.M@!9ifIItw.'~$:p~w#.J.p~t;;:::::::::::::::$.:Y$:p~m::;:::::::::::::::~ng:::::::::::mt:~:)I::::::::::::::~PM
11111111111i.111111111,'III.IIIII~llllllillllilll:::..:II
gn~E~BE~E:ffi:~Mffiel:Uj~:~e;Eggg~::::::::~~~Em:~::tr"""....................................................................................................
Baseline Report.
B . C::~:
€ . ~?:+
All Class I and II industrial users, subject to
categorical Pretreatment Standards, shall submit
to the District a Baseline Report within one
hundred and eighty (180) days of the effective
date of a Categorical Pretreatment Standard or one
hundred and eighty (180) days after final decision
on a category determination by EPA or the State,
whichever is earlier. The Baseline Report shall
contain the information specified in 40 CFR
403.12(b). The information required for
application for a permit under section
10.12.040.A. and/or for modification of a permit
under section 10.12.040.F. of this Ordinance may
fulfill the requirements of the Baseline Report.
If in submitting information to apply for or
modify a permit, the user also intends to fulfill
the requirements for the Baseline Report, the user
shall so state.
Compliance Report.
Within ninety (90) days following the date for
f~nal complianc..e with applicable PQretreatment
&~tandards or R~equirements or, in the case of a
n'ew user connccflon, following commencement of the
introduction of wastewater into District
Facilities, any user subject to Ppretreatment
&~tandards aM SF R#.;equirements shali submit to
-37-
F:\DMS\KlA.DIR\0007926.10
I _..._.._'.M^_.___._w~.__..~._. - -
B.E::l
the District a report indicating the nature and
concentration of all pollutants in the discharge
from the regulated process which are limited by
Ppretreatment S&:tandards afld SE ~equirements, 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 additional operational and
maintenance changes and/or pretreatment is neces-
sary 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.
periodic Compliance Reports.
1. Class I and II Industrial Users shall
submit a report to the District twice a
year or more frequently as specified in the
Permit or Permit Contract. Class III
Industrial Users may be required to submit
periodic compliance reports depending on
the nature of their discharge. periodic
Compliance Reports should be submitted
within forty-five (45) days of collection
of the wastewater samples. The Compliance
Report shall contain such information as
may be deemed by the District to be
necessary to insure compliance with the
provisions of this Ordinance. Compliance
Reports shall, at a minimum, contain the
following: I
a. The nature and concentration of
P?llutants which are limited by
p.:~rr':.~.;-.~a:t:~ent &~:tandards pip-
@@g<<:;:Egm~n#€ or which are specified
Tii..th-e.....Pe.rmn: or Permit Contract for
each regulated M~!!5 stream.
b. A record of average daily flow
for the r':.p<?E1::ing period for each
regulated ~~mft$ stream.
-38-
F: \DMS\KLA.DIR\0007926. 10
..-.-.-------,....-..-.........----.---.....-.........---.-....-----.-.----- .....----.
10.12.060
limitations are appropriate. In such
cases, the report required under subpara-
graph (a) above shall indicate the mass of
PC? 11 u tants ....E.~9~~.i:l.t:.~.<:1......}:)y p)?retrea tmen t
&#:tandards .9~W~:@f:gg\l~E@m~fi#.i#: in the effluent
or the user"'~""""''''''''''Thes'e'''''''i"Eip'Orts shall contain
the results of all sampling and analysis of
the discharge, including the flow,
concentration and mass of pollutants
r~gulated ?y.....t:.~~...i:lPP.~J.c.:Cible ppretreatment
5&!tandard g#f!ntggg;~E5~fi#.i. Thfi user shall
provide the........~ict"iia.r......a\jeFage production rate
of the regulated processes during the
reporting period.
Monitorinq.
A.
Monitoring Requirements.
Any user may be required to provide wastewater
sample&,wns and/or monitoring results or to submit
to monit6ring by the District to assist the
District in establishing the appropriate class of
the user and/or to evaluate compliance with the
standards and requirements of this Ordinance.
1. Classification Sampling. All industrial
users may be required to sample and analyze
their diachargc fl!~lt~!BE$!m::~:~~~:: to determine
the appropriate.....class....Of. the user.
Classification sampling shall be at the
District' s request. The number and type of
samples and pollutants analyzed shall be as
specified by the District in order to
adequately characterize the users:~~::
f1!!:ii~.!~E discharge (s) .:::::::
2. Baseline Sampling. All Class I and II
indus tr i a 1 us ers......s..l!.~.~.J.......~9.-.~.P.~~...~~<:l...9.-.J.1.~.~y z e
their diach~rgc E$gym~E~qf!~~B~~i~~~m&~W as
part of a ...pe.rmlt............appli"catTori...... or
modification of a permit as specified in
sections 10.12.040.A. and 10.12.040.F. of
this Ordinance. In addition, all Class I
and II industrial users required to submit
Baseline Reports, as specified in section
10.12.050.B. of this Ordinance, shall-
ip~~~lnh~;~or~g~~~:m~
Samples shall be analyzed for constituents
or characteristics including, but not
limited to, those mentioned in section
10.08 of this Ordinance and/or in
-40-
F:\DMS\KLA.DIR\0007926.10
.------.--.--------........-.-.-r-.---------.--............-..-..---.-----.--.-...-------..
ii~:~~;m~ip.~tat~rPE~I~~!\ij*.:.::~~~~.!~~!!~'
'Staridards"'"df as otherwise required by the
District.
3. Initial Compliance Sampling. All Class I
and II industrial users shall sample and
!ii~~:~:i~i;:~~;rq~~~~~~~
Ordinance. Samples shall be analyzed for
those pollutants regulated in the
_p~ o~~~:t~:;:~r;e r:!~~~~~r~y t!
4. Periodic Compliance Sampling. All Class I
and II industrial users shall sample and
~~;#i~~~gimWiIDi~o ev=~~~~~r~~mPli!~!!W!"~
'fhe':':":':''"lfse:P-:'''''s:':'':'':':"!>ermi t or permi t contract.
Periodic compliance monitoring shall be
conducted at least twice each year unless
specified more frequently in the user's
permit or permit contract or in the
applicable National Pretreatment Standard.
Samples shall be analyzed for those
p<:>.llutants reg~.la ted i~........~.~~........a.J2P.~.~9.~ble
:!r~~~:~;~:~t r:l~f;~~r~y PI:!W~~W~~'~e or
5. Confirmation Sampling. Whenever sampling
results indicate that the user's diochargc
'~P""f'!'!!~'Fg"lr~:l;~ ~i:::::i~ii~~iili~
the user shall collect a se'C-o-rid"'s~im:pTe""""'to
assess the degree of violation. For the
second sample, the user need only analyze
for the pollutant(s) found to be in
violation. The user shall provide the
District with the results from the
confirmation sampling within thirty (30)
days of the date the violation was
discovered.
6. Sampling and Evaluation Program. If'
confirmation sampling indicates a second
violation, then the District may initiate a
Sampling and Evaluation Program (SEP). The
SEP will be conducted by the District and
may include collection of from three (3) to
five (5) samples. The SEP will establish
whether there is continued noncompliance by
-41-
F:\DMS\KLA.DIR\0007926.10
"'-"'''''''' ..,--....--...
the user. Samples collected during the SEP
may be analyzed for other pollutants in
addition to the pollutant(s) in violation.
7. Other Compliance Sampling. All Class I, II
and III industrial users may be required by
the District to conduct compliance sampling
in addition to those described above. This
could include, but is not limited to,
sampling required by the District in an
Enforcement Compliance Schedule Agreement.
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 obtained by the District
differs from data provided by the user, the
District's data shall be presumed accurate
unless and until the user provides
substantial evidence otherwise. In the
event that the District performs the
sampling, whether announced or unannounced,
the user may request that the District
split its samples and provide one of the
spli t samples for the user's independent
analysis.
B. Sampling Procedures
All sampling and testing undertaken for the
purpose of compliance with the sampling and
reporting requirements of this Ordinance shall be
undertaken in the manner set forth herein. ~.?:'.~~P..!:
...~~~~
which reflecto the dioch~rge of the uoer'o
regul~ted ff~oteotre~m(o) throughout the entire
\JOr]c d~y or twenty four (24) hour period. &$amples
for pH, cyanide, sulfide, phenols, oil and grease,
:~~p~:s~ati~e~f~~~~~s2ih~;~q~nd'9P'e'Fgg'\o;f~~
o~mpleo ohill -"}5e e~ch ho-ur, .~~.~.....~~E...9.!..?~....'??!fiP..~.~.lJ.,.
II
-42-
F:\DMS\KlA.DIR\0007926.10
analyzed separately unless the user's Permit or
Permit Contract allows for sampling and analyzing
the combined wastestreams.
The methods of obtaining the sample shall be
specified by the District in the user's permit or
permit contract. As an alternative, a sampling
program proposed by the user shall be submitted to
the District for review prior to initiating said
program. The District may state special sampling
requirements as needed to insure compliance with
this Ordinance.
C. Analytical Procedures
All samples shall be preserved and analyzed in
accordance with the procedures presented in the
Code of Federal Regulations, Title 40, Part 136
(Guidelines Establishing Test Procedures for the
Analysis of Pollutants) . Unless approved
otherwise by the District, all analyses shall be
performed by a laboratory(s) certified by the
state for the specific pollutants and matrix to be
analyzed.
D. Sampling Records
For each sampling event the user shall record and
maintain the following information:
1. The date, exact place, method, and time of
sampling and the names of the person or
persons taking the samples.
2. Sample preservation used.
3. The dates analyses were performed.
4. Chain of custody of sample.
5. Who performed the analyses.
6. The analytical techniques/methods used.
7. The results of such analyses.
-43-
F:\DMS\KLA.DIR\0007926.10
----,-...--.---..---------
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 Entrv.
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 gfigit:j::m;ppy;\!ig or 4ft the
performance of any of their dufle='s:':::":':':':':':':':"'lfihe{':':"bistrict, or
their authorized representative, accompanied by such other
representatives of other public agencies as may be
appropriate, shall have the right to set up on the user's
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 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, along with other authorized represen-
tatives, will be permitted to enter, without delay, for
the purposes of performing their specific responsibili-
ties.
Such inspection(s) shall be made with the consent of the
owner or possessor of such facilities or, if such consent
is refused, with a warrant duly issued pursuant to the
procedures set forth in Title 13 (commencing with section
1822.5) of part 3 of the Code of civil Procedure;
provided, however, that in the event of an emergency
affecting public health or safety, such inspection may be
made without consent or the issuance' of a warrant. To the
extent that the owner or possessor of the premises
requires that a warrant be ~eceived, the District may, in
its discretion, suspend the permit and/or any other right
to discharge to sanitary facilities immediately, and such
suspension may continue until such time as a warrant has
been received and the inspection has been completed. If"
no violation of this Ordinance, the District Code or the
permit, if applicable, are found, the suspension shall be
lifted. In the event that violations of this Ordinance,
District Code, or the permit, if applicable, are found,
then the suspension may, in the discretion of the
District, be continued or terminated, or other enforcement
remedies may be sought.
-45-
F:\OMS\KLA,OIR\0007926.10
..---.--,-..----...-.---..-...--.......
The District may choose to inspect the facility to
determine compliance with all standards set forth in this
Ordinance, the District Code and permit, if applicable,
and additionally, such inspections may be undertaken to
verify the wastewater flows and strengths reported by the
discharger.
10.12.090
Pretreatment.
Users shall provide necessary wastewater treatment as
required to comply with this Ordinance and shall achieve
compliance with all National Pretreatment Standards within
the time limitations as specified by the Federal
Regulations, or this Ordinance or the permit or permit
contract whichever is earliest. Any facilities required
to pretreat wastewater to a level acceptable to the
District shall be provided, operated, and maintained at
the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be
submitted to the District for review, and shall be
acceptable to the District before construction of the
facility. The review of such plans and operating
procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to
produce an effluent acceptable to the District under the
provisions of this Ordinance. Any subsequent changes in
the pretreatment facilities or method of operation shall
be reported to and be acceptable to the District prior to
the user's initiation of the changes.
10.12.100
Publication of Users in Siqnificant Noncompliance.
Pursuant to federal requirements, the District shall
i~il:iB:ill~~n.illi:mfti$.~g~ipigliii:l~~'IIIII.111!III.f;111~liiiiiie~
ITfiE.......o.r......Eh"e....,i"s.er.s.......wfiTdfi...'.we.re......Th......sTgiiTfTdailt::.......h6iic.om"i'Yr.aiice
with any Pretreatment Requirements or Standards during the
twelve (12) previous months. The notification shall also
summarize any enforcement action~ taken against the
user(s} during the same twelve (12) months.
10.12.110
Records Retention.
All records relating to compliance with Ppretreatment
R);equirements -af'H:i pi.] &~tandards shall be made available to
officials of the.............~PA, State and District, or their"
authorized representatives. These records shall be
retained for a minimum of three (3) years from the date of
the Compliance Report to which these records are
applicable or three (3) years from the date any
investigation or enforcement action undertaken by the Dis-
:i:i:i:itiE~~i~~~il:::::::~ii:l~lliii:i:::::iii~iii~i::::.1111111111_111111
-46-
F:\DMS\KLA.DIR\0007926.10
-,-.---------------------------.---------------
111111.).)11
10.12.120
Confidential Information.
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.
\\ihen reque:;:t::ed by :l. uoer furnioh~.~g.h. inforlll:l.tion to the
Diotrict, ~Whe portions of ~ ~Hgfi information which
might disclOse trade secrets or secr.el......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.
Information and data requested from a user which the user
believes to be proprietary and the release of which to the
public would substantially impair the operations of the
user, may alternatively be provided to the District for
its review at the facili ty of the user rather than
provided to the District for its keeping, at the
discretion of the District. The burden will be on the
user to demonstrate to the satisfaction of the District
f that such information is proprietary and that this
alternative procedure is necessary or appropriate and will
not prevent the District from properly carrying out the
objectives of this Ordinance.
In any event, information accepted by the District as
conf idential, shall not be t::t::~.~.f5.~.~.~_~.~~..h.h.~.<:>..h....~.~Y<:>.~.~L
~E6i~:gifu~nSAC{&ffS.~;f:;€ii~ffii~~~0~i~:ell,gilll~llillllIII~
~'!f~~'~R~~'!t~r~~;'T1::~
-47-
F:\DMS\KLA.DIR\0007926.10
-----r--
constituent within a one-year period, shall
constitute a significant violation;
8.
Failure to pay fees
penalties established
Ordinance.
and charges or
pursuant to this
9:~::::::::::::::::~::::~:~::::::::::::::::~.~!ffi:~M~:::::::m.ffini~ffign:::::::g!i:::::::gffi~:gl~Eli:~t:::::::::t:t::::
10.16.065
Administrative civil Penalties.
Pursuant to the authority of California Government Code
sections 54739 to 54740.6, the District or District staff
may issue administrative complaints, conduct
administrative hearings and/or impose civil penalties in
accordance with the procedures set forth in these sections
for violation of the District's requirements relating to
pretreatment of industrial waste or the prevention of the
entry of industrial waste into the District's collection
system or treatment works.
These penalties shall be as follows:
A. In an amount which shall not exceed two thousand
dollars ($2,000) for each day for failing or
refusing to furnish technical or monitoring
reports.
B. In an amount which shall not exceed three thousand
dollars ($3,000) for each day for failing or
refusing to timely comply with any compliance
schedule established by the District.
C. In an amount which shall not exceed five thousand-
dollars ($5,000) per violation for each day for
discharges in violation of any waste discharge
limitation, permit condition, or requirement
issued, reissued, or adopted by the District.
D. In an amount which does not exceed ten dollars
($10) per gallon for discharges in violation of
-54-
F:\DMS\KLA.DIR\0007926.10
relieve the user of any expense, penalty, fee or
other liability which may be incurred as a result
of the violation.
10.16.100
Costs.
All costs associated with the District's undertaking of
enforcement actions pursuant to this Ordinance, including
attorney's fees for civil actions undertaken, shall be
paid by the user. These costs may include but not be
limited to the costs for termination of service,
reinstitution of service, compliance sampling and analysis
and administrative activities undertaken by the District.
However, if the user prevails in an appeal to the Board of
Directors or a civil action taken to nullify an
enforcement action pursued by the District under this
Ordinance, the user shall not be responsible for the costs
incurred by the District in pursuing said enforcement
action.
10.16.110
Respondinq to Siqnificant Noncompliance.
Any violation of pretreatment ~1~nl~g4.~#P>> requirements
(limi ts, sampling, analysis, ...............r:.e"!5o.r:tTiig........ and meeting
compliance schedules, and regulatory deadlines) is an
instance of noncompliance for which the Industrial User is
liable for enforcement including penalties. However, the
District is required to identify violations or patterns of
violations by Industrial Users that are deemed to be
instances of significant noncompliance (SNC). To the
extent that a violation or pattern of violations is
determined to be significant noncompliance, the District
shall give additional priority to enforcement actions with
regard to that Industrial User. Additionally, the
determination of significant noncompliance shall be used
as the basis for reporting same to the regulatory
authorities and publishing of the list of significant non-
compliers as is required of the District by law. The
following is a guideline of criteria which will be used
in determining instances of SNC.
A. Violations of Wastewater Discharge Limits.
[
1. Chronic Violations. Chronic violations
shall be deemed to be present when sixty-
six percent (66%) of the measurements
exceed the daily maximum limit or the
average limit for the same parameter in a
six-month period (any magnitude of
excedence) .
2. Technical Review Criteria Violations. A
technical review criteria (TRC) violation
-58-
F:\DMS\KLA.DIR\0007926.10
~~"----_._-_..~----_._'------~~.._----,._---_.__..__..---.-----.---
additional one-year periods upon favorable review
by District staff.
B. Permit Conditions. District staff may prescribe
such requirements as may be reasonable to ensure
the carrying out of the purpose and polices of
this Ordinance, as well as the stated purpose of
the Waste Hauler Program as set forth herein. The
conditions upon which a Waste Hauler's Discharge
Permit may issue shall include, but not be limited
to, the following:
1. Proof of a Contra Costa Health Department
Waste Hauler Registration and Public Health
License;
2. certification that the applicant has not
been subject to any substantial enforcement
actions relating to public health, waste
hauling and/or hazardous waste handling;
3. provision of a list with license numbers of
each vehicle which hauler proposes to use
for discharge of waste at District Facili-
ties;
4. certification that waste hauler has in
place, and will maintain, vehicle insurance
coverage which insures the hauler and the
District against claims of personal injury
and property damage (Said minimum limi ts
and coverage requirements may from time to
time be set forth by the District); and
5. The furnishing of a cash deposit or other
security acceptable to the District in an
amount set by the Board.
l>k\:':~:~:::~::::::::::::lmlllmll:illlllllllil'III:I'"":llllil"l~il:ll"II;
1IIIIIIIIIIIIIii-!I:!lllli1!!~!I::;:::::::!am:ill:ffieg::::::::::::::::::~nBI:gB
- 6 8 - F: \DMS\KLA.D I R\0007926. 10
..-.-----....---.------.---..-.-.--,-.---...--.--.---.------ .--..--.--.---.-..-----.-.---
a~
10.28.030
Cash Deposit - Security.
-69-
F:\DMS\KLA.DIR\0007926.10
PAGE 1 OF 1
BOo\RO MEETING OF
Jul 2 1992
NO.
4. CONSENT CALENDAR e.
SUBJECT
AUTHORIZE THE ATTENDANCE OF LYNNE PUTNAM, SENIOR
ENGINEER, AT THE SEPTEMBER 21-24, 1992 WEF
ANNUAL CONFERENCE IN NEW ORLEANS, LOUISIANA, AT
A COST OF $1 ,450
DATE
June 19 1992
TYPE OF ACTION
AUTHORIZE
ATTENDANCE
SUBMITTED BY INITIATING DEPTJDIV.
David R. Williams, Planning Division Manager Engineering Department/Planning Division
ISSUE: Approval by the Board of Directors is required for unbudgeted travel outside of California
and/or if the expense will exceed $500.
BACKGROUND: Lynne Putnam, Senior Engineer, is responsible for Treatment Plant Planning
Projects including the Disinfection Facilities Plan and the UV Pilot Study. Lynne has co-authored
a paper with Mark Heath of James M. Montgomery Engineers entitled, "A Comparative Evaluation
of Ozone, UV Radiation, and Chlorine For Inactivation Of Total Coliform Bacteria In Wastewater" .
This paper has been accepted for presentation at the Water Environment Federation (WEF) Annual
Conference to be held in New Orleans September 21-24, 1992. A similar paper was presented
at the CWPCA Annual Conference in April and attracted a large audience. Attendance at the
conference will allow District staff to present information related to a District project and will
provide an opportunity for exchange of current technical information with leaders in the
wastewater industry. Funds are available in the Planning Division Education and Training Budget
to cover the cost of this conference.
RECOMMENDATION: Authorize the attendance of Lynne Putnam, Senior Engineer for the
Planning Division, at the September 21-24, 1992 WEF Annual Conference in New Orleans at a
cost of $1,450.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
i)~
INITIATING DEPTJDIV.
1302A-7/91
DRW
RAB
PAGE 1
OF 6
July 2, 1992
NO.
6. BIDS AND AWARDS a.
SUBJECT
DATE
June 29, 1992
AUTHORIZE AWARD OF A CONSTRUCTION
CONTRACT TO PACIFIC MECHANICAL
CORPORATION FOR THE CLYDE, FAIRVIEW,
AND MALTBY PUMPING STATIONS IMPROVEMENTS
PROJECT (DP 4682)
TYPE OF ACTION
AUTHORIZE
AWARD
SUBMITTED BY
Curtis W. Swanson, Principal Engineer
Kent Von Aspern, Senior Engineering Asst.
INITIATING DEPT./DIV.
Engineering Department
Infrastructure/Plant Engineering Divisions
ISSUE: On June 10, 1992, sealed proposals were received and opened for the construction of
the Clyde, Fairview, and Maltby Pumping Stations Improvements Project. The Board of Directors
must authorize award of the contract or reject bids within 50 days of the bid opening.
BACKGROUND: The Fairview and Maltby Pumping Stations were constructed in 1969, as part
of a system to convey wastewater for the city of Martinez to the District's wastewater
treatment plant. In the Pumping Station Master Plan, various requirements to improve the
reliability, safety, capacity, operating conditions, and maintainability of these two pumping
stations were identified.
The Clyde Pumping Station is also approximately 20 years old. This facility is located within the
right of way for Norman Avenue in Clyde and is one of three pumping stations serving the
Watershed 44 area (comprised of a portion of north Concord, Clyde, part of the U.S. Naval
Weapons Station, and unincorporated land east and south of Mallard Reservoir). Improvements
related to reliability, safety, operating conditions, and maintainability of this pumping station
were also recommended in the Pumping Stations Master Plan and in a subsequent predesign
report.
The Clyde, Fairview, and Maltby Pumping Stations Improvements Project, District Project
No. 4682, provides for the following at Fairview and Maltby Pumping Stations: construction of
electrical control buildings, new electrical and instrumentation equipment to be installed above
grade, installation of new electric pump motors and variable-frequency drives (VFDs), and
installation of new ventilation system. An emergency stand-by generator will also be installed
at Fairview Pumping Station. The improvements at Clyde Pumping Station include new
submersible pumps and VFDs, application of a corrosion resistant coating to the wet well, new
electrical and instrumentation systems, a No. 2 water system, and construction of a valve pit
to allow better control of the pumping station. The project sites are shown in Figure 1.
The plans and specifications for the project were prepared by G.S. Dodson and Associates
(GSDA). The engineer's estimate for the construction was $2,300,000. This project was
advertised on May 18 and 26, 1992. Seven (7) sealed bids ranging from $1,243,000 to
RE~EWEDANDRECOMMENDEDFORBOARDAcnON
RAB
~
WLI3
WEB
.'"
II 1/1
')"/
JSM
~
SUBJECT
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
PACIFIC MECHANICAL CORPORATION FOR THE CLYDE,
FAIRVIEW, AND MALTBY PUMPING STATIONS IMPROVEMENTS
PROJECT (DP 4682)
POSITION PAPER
2
PAGE OF 6
DATE
June 29, 1992
$1,937,874 were received and publicly opened on June 10, 1992. A summary of bids is shown
in Attachment 1.
The Engineering Department conducted a technical and commercial review of the bids and
determined that the lowest responsible bidder is Pacific Mechanical Corporation, for the amount
of $1,243,000. In reviewing the bids, one minor irregularity was noted in the bid of Pacific
Mechanical Corporation. Prospective bidders were instructed to include a bid amount for project
scheduling. In the Description of Bid Items, the Contractor was instructed that the bid amount
shall be a minimum of $30,000 and a maximum of $60,000 for this item. Pacific Mechanical
Corporation provided a bid amount less than $30,000 for the Project Schedule. Five of the
seven bidders provided a bid amount for this item that was less than $30,000. Since this
mistake in the bid was so widespread and encompassed the four lowest bidders, staff feels that
the instructions were unclear, but that the bidders were not prejudiced and the variance is,
therefore, non-material.
The funds required to complete this project, as shown in Attachment 2, are $1,698,000. The
total project cost is anticipated to be $2,397,000. Construction of the improvements at the
Fairview and Maltby Pumping Stations is included in the fiscal year 1992-93 Capital
Improvement Budget (CIB) on pages CS-50 through CS-52. The Clyde Pumping Station
Renovation project is included in the CIB on pages CS-45 and CS-46. These projects were
combined to create a more competitive bid package. The combined total project cost included
in the CIB is $3,519,000.
Pursuant to the requirements of the California Environmental Quality Act (CEOA), the District
performed an initial study for the improvements at Fairview and Maltby Pumping Stations. Based
on the results of the initial study, a Negative Declaration was prepared. At a public hearing held
by the Board of Directors on March 5, 1992, it was determined that these projects will not have
a significant impact on the environment. A Notice of Determination was filed with the Contra
Costa County Clerk on March 10, 1992, in compliance with Section 21152 of the Public
Resources Code.
On December 19, 1991, the Board of Directors determined that the Clyde Pumping Station
Improvements Project is categorically exempt from CEOA requirements in compliance with
Section 18.3, (replacement or reconstruction) of the District CEOA guidelines. A Notice of
Exemption was filed with the Contra Costa County Clerk on December 26, 1991.
The District will administer the construction contract and will provide resident engineering and
inspection services. Office engineering, including shop drawing review, will be conducted by
GSDA. GSDA was selected because they prepared the plans and specifications for this project
and because they have performed well on previous District projects.
1302B-7/91
SUBJECT
AUTHORIZE AWARD OF A CONSTRUCTION CONTRACT TO
PACIFIC MECHANICAL CORPORATION FOR THE CLYDE,
FAIRVIEW, AND MALTBY PUMPING STATIONS IMPROVEMENTS
PROJECT (DP 4682)
POSITION PAPER
3 6
PAGE OF
DATE
June 29, 1992
RECOMMENDATION:
1 . Find that the discrepancy in the bid of Pacific Mechanical Corporation represents a non-
material variance and consider this bid as responsive.
2. Authorize award of a construction contract in the amount of $1,243,000 for construction
of the Clyde, Fairview, and Maltby Pumping Stations Improvements Project, District
Project No 4682, to Pacific Mechanical Corporation, as the lowest responsible bidder.
1302B-7/91
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ATTACHMENT 1
Central Contra Costa Sanitary District
SUMMARY OF BIDS
PROJECT NO. 4682
- CLYDE. FAIRVIEW & MALTBY PUMPING STATIONS
IMPROVEMENTS PROJECT
DATE June 10. 1992
LOCATION Martinez. California
ENGR.EST. $ 2.300.000
'foG, ',-.
# BIDDER BID PRICE
(Name, telephone & address)
1 PACIFIC MECHANICAL (510) 827-4940 $ 1,243,000
,c P. O. Box 4041, Concord, CA 94524
2 CONTRI CONSTRUCTION CO. (702) 786-8550 $ 1,256,300
P. O. Box 12100, Reno, NV 89510
3 MONTEREY MECHANICAL (415) 632-3173 $ 1,298,800
8275 San Leandro St., Oakland, CA 94621
4 C. OVERAA & CO. (510) 234-0926 $ 1,342,000
200 Parr Blvd., Richmond, CA 94801
5 ALBAY CONSTRUCTION CO. (510) 228-5400 $ 1,353,000
P. O. Box 350, Loomis, CA 95650
6 AMELCO ELECTRIC (510) 895-2040 $ 1,827,705
1999 Neptune Dr., San Leandro, CA
7 TRI-AD CONSTRUCTORS (707) 746-6325 $ 1,937,874
1621 Shirley Dr., Benicia, CA 94510
,
BIDS OPENED BY /s/ Joyce MUrDhy
DATE 6-10-92
SHEET NO. -1- OF -1-
ATTACHMENT 2
CLYDE, FAIRVIEW, AND MALTBY PUMPING STATIONS IMPROVEMENTS
DISTRICT PROJECT NO. 4682
POST BID PRECONSTRUCTION ESTIMATE
Item Descriotion I21ID
1 Construction Contract $1,243,000
2 Contingency @ 15 Percent 186.500
Subtotal $1,429,500
3 Construction Management
. District Forces
Project Management 94,000
Ad m inistration/l nspection 70,000
Surveying 5,000
Legal 5,000
Record Drawings 7.000
Subtotal 181,000
. Consulta nts/Contractors
Shop Drawing Review (GSDA) 49,950
Geotechnical (Woodward-Clyde) 5,000
Material Testing 5,000
Vibration Analysis 2.000
Subtotal 61,950
. Miscellaneous
Engineering Department 5,550
Plant Operations Department 5,000
Operation & Maintenance Manual 1 5.000
Subtotal 25.550
Construction Management $268,500
Subtotal
4 Prebid Expenditures 699,000
5 Total Project Cost 2,397,000
6 Funds Allocated to Date 699,000
7 Allocation Required $1,698,000
to Complete Project
Percent of
Construction
Contract Costs
100.0
6.6
4.9
0.4
0.4
0.5
12.7
3.5
0.4
0.4
0.1
4.3
0.4
0.4
1.8
18.8
48.9
167.7
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Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 2
BOARD MEETING OF July 2, 1992
NO.
7. PERSONNEL a.
SUBJECT
DATE
June 26, 1992
DENY APPEAL OF GRIEVANCE BY UNION ON BEHALF OF
DENNIS ALMOND AND FRANK SHEA, MAINTENANCE CREW
MEMBER II'S, AND JAMES BOYD, RETIRED MAINTEN-
ANCE CREW MEMBER II IN ACCORDANCE WITH
ARBITRATOR'S RECOMMENDATION
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT.lDIV.
ISSUE: In accordance with the Disciplinary Procedure in the current Memorandum of
Understanding (M.O.U.) between the District and the Central Contra Costa Sanitary District
Employees' Association, Public Employees Union, Local No. One, the Board of Directors may
adopt, reject, or modify the recommendation of an appointed neutral third party (arbitrator) in
appealed disciplinary matters.
BACKGROUND: Maintenance Crew Member II's Dennis Almond and Frank Shea, and retired
Maintenance Crew Member II James Boyd were not given passing grades by an oral board during
a District oral examination for Maintenance Crew Leader. Consequently, on behalf of the three
Maintenance Crew Member II's, the Union grieved certain aspects of the District's recruitment,
testing, and selection procedures to the General Manager-Chief Engineer. Upon the General
Manager-Chief Engineer hearing and denying the grievance, the Union appealed to the Board of
Directors in accordance with the M.O.U. between the parties. The Board authorized the selection
of an arbitrator to hear the appeal and make a recommendation to the Board for their
consideration.
Mr. Franklin Silver served as the arbitrator and was selected by both the District and the Union
from a list submitted by the State of California Mediation and Conciliation Service. The arbitrator's
decision is being transmitted under separate cover for the Board's information. He ruled on the
following three issues:
1 .) the submission of supplemental information after the application deadline in violation of
the M.O.U. and Title 4 of the District Code;
2.) the decision by Personnel to have a written exercise considered by the department and not
the oral board during the final selection process; in violation of the M.O.U. and Title 4 of
the District Code; and
3.) the failure to promote Dennis Almond based on discrimination due to his Union activities.
In his award, Mr. Silver states; "The District did not violate Article III, Section 10 of the M.O.U.
and Title 4 of the Personnel Code by allowing candidates for the Crew Leader position to submit
REVIEWED AND RECOMMENDED FOR BOARD ACTION
DENY APPEAL OF GRIEVANCE BY UNION ON BEHALF OF
DENNIS ALMOND AND FRANK SHEA, MAINTENANCE CREW
MEMBER II'S, AND JAMES BOYD, RETIRED MAINTEN-
ANCE CREW MEMBER II IN ACCORDANCE WITH
ARBITRATOR'S RECOMMENDATION
SUBJECT
PAGE
DATE
2
OF
2
June 26, 1992
supplemental information concerning their qualifications after the filing deadline nor by failing to
consider the written exercise as part of the candidates' overall score and ranking on the eligibility
list. Further, the District did not fail to promote Dennis Almond to the Crew leader position as a
result of discrimination based on Union activities. (The issue of discrimination due to the Union
activities was waived during the arbitration hearing by the Union). The grievance is denied."
The Secretary of the District notified the Union that this issue would be on the Board's July 2,
1992 agenda. The Union representatives were invited to attend if desired.
RECOMMENDATION: Deny and dismiss the grievance of the Union on behalf of Maintenance
Crew Member II's, Dennis Almond and Frank Shea, and James Boyd, retired Maintenance Crew
Member II in accordance with the Arbitrator's recommendation, as the final action of the District.
1302B-7/91