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HomeMy WebLinkAbout02/15/2007 AGENDA BACKUPCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.a. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM WINDEMERE BLC LAND COMPANY LLC, ACCEPTING PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING RECORDING OF THE RESOLUTION (JOB 5705 - PARCEL 2; EAST BRANCH PARKWAY, SAN RAMON) Submitted By: Initiating Dept /Div.: Molly Mullin Engineering /Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: M'. Mullin J. Mi amoto -Mills C. Swanson A. Farrell W/ 9 ames M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement and sewers installed during a recent sewer extension at Windemere Ranch Middle School off East Branch Parkway in the Dougherty Valley (as shown on Attachment 1). Staff has reviewed the easement documents and inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an easement from Windemere BLC Land Company LLC, accepting Job 5705 public sewer improvements constructed within the easement, and authorizing recording of the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5705 PP Windemere 2- 15- 07.doc o� z� LEGEND: —e— EXISTING SEWER —.e— NEW SEWER GM EASEMENT AREA Central Contra Costa Sanitary District 42W t i I DANVILLE RD SAN RAMON LOCATION MAP N. T. S. EAST BRANCH PARKWAY WINDEMERE RANCH MIDDLE SCHOOL Sub Parcel 1 Non - Exclusive Sanitary Sewer Easement ACCEPT SEWER AND ACCESS EASEMENTS JOB 5705 - PARCEL 2 r r Attachment i Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.b. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION Subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM SHAPELL INDUSTRIES FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8686 IN THE DOUGHERTY VALLEY, ACCEPTING JOB 5721 PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin Engineering /Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: v n - - �� - Pt 1�v - M. Mullin J. Miyamoto -Mills C. Swanson I I mm A. Farrell J"-- James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements shown on the recorded final map of Subdivision 8686 that are required for a recent public sewer extension off Bollinger Canyon Road in the Dougherty Valley (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Shapell Industries for easements shown on the recorded final map of Subdivision 8686 in the San Ramon area, accepting Job 5721 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5721 PP Shapell 2- 15- 07.doc o� O� 0 4z, a� SUB 8686 Central Contra Costa Sanitary District 419041 DANVILLE SAN LAWRE A/ i LOCATION MAP N. T. S. /v ON,QO ACCEPT EASMENT JOB 5721 - PARCEL 2 4:p Q o� Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.c. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM BROOKFIELD CAMBRIDGE LLC FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8776 IN THE DOUGHERTY VALLEY, ACCEPTING JOB 5748 PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin Engineering / Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: Qw— M. Mullin J. M amoto -Mills C. Swanson A. Farrell James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision 8776 that is required for a recent public sewer extension off East Branch Parkway in the Dougherty Valley (as shown on Attachment 1). Staff has review the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Brookfield Cambridge LLC, for easements shown on the recorded final map of Subdivision 8776 in the San Ramon area, accepting Job 5748 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5748 PP Brookfield Cambridge 2- 15- 07.doc MIDDLE SCHOOL LEGEND: --8— EXISTING SEWER NEW SEWER EASEMENT AREA Central Contra Costa Sanitary District SUB 8776 DANVILLE M LAWRE SAN RAMON Cr SITE .-��d cASr$k�NetiaKWY1 LOCATION MAP N. T. S. y0 � ojp `. \\ All- ACCEPT EASEMENT JOB 5748 - PARCEL 2 Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.d. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM CITRUS WALK, LLC FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8672 IN WALNUT CREEK, ACCEPTING JOB 5751 PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin Engineering /Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION. ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements shown on the recorded final map of Subdivision 8672 that are required for a recent public sewer extension off Citrus Circle in Walnut Creek (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Citrus Walk LLC for easements shown on the recorded final map of Subdivision 8672 in Walnut Creek, accepting Job 5751 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5751 PP Citrus Walk 2- 15- 07.doc M. P ullin J. Mryamoto -Mills C. Swanson A. Farrell Marnes M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements shown on the recorded final map of Subdivision 8672 that are required for a recent public sewer extension off Citrus Circle in Walnut Creek (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Citrus Walk LLC for easements shown on the recorded final map of Subdivision 8672 in Walnut Creek, accepting Job 5751 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin \2007 \5751 PP Citrus Walk 2- 15- 07.doc MR Central Contra Costa Sanitary District 0 T REE �' LOCATION MAP \N. T. S. we'u SV„`E �N E ACCEPT EASMENT JOB 5751 - PARCEL 2 w J Attachment l Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.e. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM LENNAR HOMES OF CALIFORNIA, INC. FOR AN EASEMENT SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8777 IN THE DOUGHERTY VALLEY, ACCEPTING JOB 5755 PUBLIC SEWER IMPROVEMENTS, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin Engineering / Environmental Services Engineering Assistant III REVIEWED AND RECOMMENDED FOR BOARD ACTION: V! M. Mullin J. amoto -Mills C. Swanson A. Farrell mes M. Kelly eneral Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept an easement shown on the recorded final map of Subdivision 8777 that is required for a recent public sewer extension off Sherwood Way in the Dougherty Valley (as shown on Attachment 1). Staff has review the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Lennar Homes of California, Inc. for easements shown on the recorded final map of Subdivision 8777 in the San Ramon area, accepting Job 5755 public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Mullin\2007 \5755 PP Lennar Homes 2- 15- 07.doc DANVILLE RCI _ )�r SITE I SAN RAMON LOCATION MAP N. T. S. SHERWOOD WAY__�� ABERDALE CIR _ LEGEND: EXISTING SEWER NEW SEWER SUBDIVISION BOUNDARY EASEMENT AREA Central Contra Costa Sanitary District Ell ACCEPT EASEMENT JOB 5755 PARCEL 2 Attachment 1 Central Contra Costa Sanitary District /Jak) ' BOARD OF DIRECTORS &Q MIm POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.f. CONSENT CALENDAR Type of Action: ADOPT RESOLUTION subject: ADOPT A RESOLUTION ACCEPTING AN OFFER OF DEDICATION FROM SHAPELL INDUSTRIES INC. FOR EASEMENTS SHOWN ON THE RECORDED FINAL MAP OF SUBDIVISION 8681 IN THE DOUGHERTY VALLEY AREA OF SAN RAMON, ACCEPTING JOBS 5331, 5729, AND 5760 PUBLIC SEWER IMPROVEMENTS AND AUTHORIZING STAFF TO RECORD THE RESOLUTION WITH THE CONTRA COSTA COUNTY RECORDER Submitted By: Initiating Dept. /Div.: Molly Mullin, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: M. Mullin J. M amoto -Mills C. Swanson A. Farrell James M. Kelly General Manager ISSUE: A resolution of the Board of Directors is required to accept offers of dedication and public sewer improvements, and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an offer of dedication and public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The Board of Directors regularly accepts easements and public sewer improvements by resolution. The recommended resolution will accept easements shown on the recorded final map of Subdivision 8681 that are required for a recent public sewer extension off Bollinger Canyon Road in the Dougherty Valley area of San Ramon (as shown on Attachment 1). Staff has reviewed the final subdivision map, inspected the public sewer improvements, and determined that they are in compliance with District standards. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an offer of dedication from Shapell Industries, Inc. for easements shown on the recorded final map of Subdivision 8681 in San Ramon, accepting public sewer improvements, and authorizing staff to record the resolution with the Contra Costa County Recorder. NAENVRSEMPosition Papers \Mullin\2007 \5760 PP Shapell Ind 2- 15- 07.doc DANVILLE LAWRENCE RD j S�TF SAN RAMON LOCATION MAP N. T. S. e° O� 'QO LEGEND: -e EXISTING SEWER NEW SEWER SUBDIVISION BOUNDARY AMEM EASEMENT AREA Central Contra Costa Sanitary District ACCEPT EASEMENTS JOB 5760 - PARCEL 3 JOB 5729 - PARCEL 3 JOB 5331 - PARCEL 4 pd kr 15331 01 14 Attachment 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3,g. CONSENT CALENDAR Type of Acton: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION subject: ACCEPT THE CONTRACT WORK FOR THE SAN RAMON FORCEMAIN MITIGATION PROJECT, DISTRICT PROJECT 5924, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept.Miv.: Sasha Mestetsky, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: 0. 6- J46 -hJ 1StaIC '" U S. Mestetsky A. Antkowiak T. Pilecki A. frarrel'r Viarnes M. Kelly General Manager ISSUE: Construction has been completed on the San Ramon Forcemain Mitigation Project, District Project 5924, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the San Ramon Forcemain Mitigation Project, District Project 5924, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: In 2002, the District installed 12,800 feet of 24 -inch forcemain from the San Ramon Pumping Station to 700 feet north of Norris Canyon Road along the Iron Horse Trail Corridor. The City of San Ramon's Encroachment Permit for the project required the installation of landscape to mitigate the impacts of construction on the Iron Horse Trail. The project provided landscaping planting at six of the entrances to the Iron Horse Trail Corridor. On September 21, 2006, the Board of Directors authorized the award of a contract for the construction of the project to American Civil Constructors. The Notice to Proceed was issued on October 23, 2006. The construction work was substantially completed on January 11, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. NAPESUP \Cbradley \Position Papers \Mestetsky \5924- AcceptContractWork.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 15, 2007 subject: ACCEPT THE CONTRACT WORK FOR THE SAN RAMON FORCEMAIN MITIGATION PROJECT, DISTRICT PROJECT 5924, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION The total authorized budget for this project is $320,000. The budget includes the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the San Ramon Forcemain Mitigation Project, District Project 5924, and authorize filing of the Notice of Completion. NAPESUP\Cbradley \Position Papers \Mestetsky \5924- AcceptContractWork.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.h. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE LOW VOLTAGE POWER CIRCUIT BREAKERS UPGRADE FOR SUBSTATION 40 PROJECT, DISTRICT PROJECT 7235, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating DeptJDiv.: Clint T. Shima, Assistant Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. 4::�4L- - 91 T W�k7 8 -r-C C. Shima B. Tha too T. Pilecki A. Farrell ames M. Kelly, General Manager ISSUE: Construction has been completed on the Low Voltage Power Circuit Breakers Upgrade For Substation 40 Project, District Project 7235, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Low Voltage Power Circuit Breakers Upgrade For Substation 40 Project, District Project 7235, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not Applicable. Filing the Notice of Completion is advisable under California Civil Code Section 3093. BACKGROUND: Most of the electrical switchgear in the treatment plant was installed in the mid -1970s and is nearly 30 years old. In 2003 and 2004, District staff conducted an inspection and test program to assess the condition of treatment plant switchgear and to prioritize needed improvements. The low voltage (480 volt) General Electric circuit breakers in Electrical Substation 40 were identified as the most problematic and in need of improvement due to their failure to trip under overload or fault conditions. Electrical Substation 40 provides power to the Filter Plant for recycled water and in- plant water use. On April 20, 2006, the Board of Directors authorized the award of a contract for the construction of the project to Poscon Electric, Inc. The Notice to Proceed was issued on July 17, 2006. The project was substantially complete on December 31, 2006. The remaining items of work consist of minor punch -list items that do not affect the project acceptance. WPESUP \Position Papers \Shima \7235 - Acceptance.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 15, 2007 subject. ACCEPT THE CONTRACT WORK FOR THE LOW VOLTAGE POWER CIRCUIT BREAKERS UPGRADE FOR SUBSTATION 40 PROJECT, DISTRICT PROJECT 7235, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION The total authorized budget for the project is $356,000. The budget includes the cost of construction as well as the cost of engineering design, District forces, testing services, and contractor services. An accounting of the project costs will be provided to the Board of Directors at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Low Voltage Power Circuit Breakers Upgrade For Substation 40 Project, District Project 7235, and authorize filing of the Notice of Completion. N:\PESUP \Position Papers \Shima \7235 - Acceptance.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.i. CONSENT CALENDAR Type of Action: ACCEPT CONTRACT WORK/AUTHORIZE FILING OF THE NOTICE OF COMPLETION Subject: ACCEPT THE CONTRACT WORK FOR THE MORELLO BRIDGES REPAIR PROJECT, DISTRICT PROJECT 5642, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION Submitted By: Initiating Dept. /Div.: Tom Godsey, Associate Engineer Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. T. Godsey A. Antkowiak T. Pilecki A. Farrell V J. Kelly, General Manager ISSUE: Construction has been completed on the Morello Bridges Repair Project, District Project 5642, and the work is now ready for acceptance. RECOMMENDATION: Accept the contract work for the Morello Bridges Repair Project, DP 5642, and authorize filing of the Notice of Completion. FINANCIAL IMPACTS: None related to this action. ALTERNATIVES /CONSIDERATIONS: Not applicable. Filing the Notice of Completion is advisable under the California Civil Code, Section 3093. BACKGROUND: The District sewer was suspended beneath two wooden pedestrian bridges in 1981 to serve Hidden Valley Estates in Martinez. At that time, ownership of the bridges and responsibility for continued maintenance was not established. Over time, the wooden support structure of the bridges deteriorated and, in late 2002, it was established that the bridges were failing and should be closed to pedestrian traffic. Because the District's sewer supported by the bridges was at risk, the District explored a joint solution with the City. On January 12, 2006, the Board of Directors authorized the President of the Board of Directors and the Secretary of the District to execute a Joint Powers Agreement (JPA) in the approximate amount of $200,000 with the City of Martinez for the Morello Bridges Repair Project, DP 5642 (Hidden Lakes Park Bridge Replacement). As part of the JPA, the City of Martinez would assume future responsibility for maintenance of the bridge. The existing 8 -inch sewer line was replaced at the same time the City of Martinez replaced the bridges. Additionally, a sewer spot repair was completed immediately downstream of the bridges. N: \PESUP \Cbradley \Position Pape rs \Godsey \5642 - Morello Bridges Acceptance PP.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: February 15, 2007 subject ACCEPT THE CONTRACT WORK FOR THE MORELLO BRIDGES REPAIR PROJECT, DISTRICT PROJECT 5642, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION The City of Martinez issued a Notice to Proceed on June 29, 2006. The work was substantially completed on January 13, 2007. The remaining items of work consist of minor punch -list items, which do not affect the project acceptance. The budget includes the District's share of the cost of engineering design, construction management and inspection, testing services, and contractor services. An accounting of the project costs will be provided to the Board at the time of project closeout. It is appropriate to accept the contract work at this time. RECOMMENDED BOARD ACTION: Accept the contract work for the Morello Bridges Repair Project, District Project 5642, and authorize filing of the Notice of Completion. WPESUP\Cbradley \Position Papers \Godsey \5642 - Morello Bridges Acceptance PP.DOC Page 2 of 3 rrr - - , t E v N _ N N p JE FEET Ventral Contra Costa N Sanitary District CO C. - MORELLO PEDESTRIAN BRIDGES CCCSD D.P. 5642 Page 3 of 3 Drawing No. 1 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 NO.: 3.j. CONSENT CALENDAR Type of Action: AUTHORIZE EXECUTION OF AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A "MUTUAL CONSENT TO EXTEND LICENSE" AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR THE LAFAYETTE / MORAGA REGIONAL TRAIL AT THE MORAGA PUMPING STATION Submitted By: Initiating Dept. /Div.: Michael J. Penny, Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTT �0 T enny J. Miyamoto -Mills . Swanson A. Farrell James M. Kelly General Manager ISSUE: Board approval is required for License Agreements. RECOMMENDATION: Authorize the General Manager to execute a "Mutual Consent to Extend License" agreement with the East Bay Regional Park District (EBRPD) for the Lafayette /Moraga Regional Trail at the Moraga Pumping Station. FINANCIAL IMPACTS: None. ALTERNATIVES /CONSIDERATIONS: The Board could reject extension of the license, and either order the EBRPD to vacate the property or direct staff to negotiate a new License Agreement. BACKGROUND: The District and EBRPD entered into a 25 -year license agreement on December 8, 1981 for the construction, reconstruction, maintenance, removal, and use of a trail for the passage of pedestrians, equestrians, and bicycles over a specific area of the Moraga Pumping Station as shown on the attached map. The license expired on December 8, 2006. EBRPD requested a 25 -year extension of the license on March 8, 2006. District staff reviewed the existing license and determined that the existing terms and conditions would sufficiently protect the District for another 25 years. The terms include the requirement that EBRPD maintain the site in a clean and presentable condition free from waste and weeds; indemnify and hold harmless the District against any and all loss, damage, liability ...of whatever character, whether direct or consequential caused by the use of the property; and maintain $5,000,000 in liability insurance. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a "Mutual Consent to Extend License" agreement with the East Bay Regional Park District (EBRPD) for the Lafayette /Moraga Regional Trail at the Moraga Pumping Station. N: \ENVRSEC \Position Papers \Penny\2007 \PP EBRPD Laf - Moraga Trail License Ext 2- 15- 07.doc LOCATION MAP N. T. S. PEDESTRIAN BRIDGE 0 100 200 FEET Central Contra Costa Sanitary District a LICENSE AREA MORAGA PUMPING STATION 1�3,11 •I1 'I I NC- �O O EBRPD MORAGA PUMPING STATION LICENSE AREA SILVIA CT Drawing No. MAP 24 S Q7 ORIND Cff N hqY� SITE MORAGA LOCATION MAP N. T. S. PEDESTRIAN BRIDGE 0 100 200 FEET Central Contra Costa Sanitary District a LICENSE AREA MORAGA PUMPING STATION 1�3,11 •I1 'I I NC- �O O EBRPD MORAGA PUMPING STATION LICENSE AREA SILVIA CT Drawing No. MAP MUTUAL CONSENT TO EXTEND LICENSE (Not to be recorded) This Agreement, made and entered into this day of , 2007, by and between CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district, hereinafter called "Licensor ", and EAST BAY REGIONAL PARK DISTRICT, a California special district, hereinafter called "Licensee." WHEREAS, Licensor and Licensee entered into a License Agreement on December 8, 1981, and WHEREAS, the License Agreement allowed Licensee to construct its Lafayette - Moraga trail across a portion of Licensor's Moraga Pumping Station, and WHEREAS, Paragraph 2 of the License Agreement states that the initial term of the License is for Twenty -Five (25) years and that it may be extended for an additional twenty -five (25) years by mutual consent, and WHEREAS, Licensee and Licensor have mutually agreed to extend the license term for an additional twenty -five (25) years; NOW THEREFORE, by mutual consent of the parties hereto, the above referenced License is extended to December 7, 2031. All other terms and conditions of the License Agreement shall remain in full force and effect during said extended term. IN WITNESS WHEREOF, the parties hereto have executed this Mutual Consent to Extend License, in duplicate, the day and year first above written. LICENSOR: Approved as to form: LICENSEE: Approved as to form: CENTRAL CONTRA COSTA SANITARY DISTRICT 0 LIM James M. Kelly, General Manager Kent Alm, District Counsel EAST BAY REGIONAL PARK DISTRICT Pat O'Brien, General Manager Ted Radosevich, District Counsel Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.k. CONSENT CALENDAR Type of Action: APPROVE TRAINING subject: APPROVE STAFF ATTENDANCE TO THE ANNUAL CALIFORNIA ASSOCIATION OF SANITATION AGENCIES (CASA) CONFERENCE Submitted By: Initiating Dept./Div.: Ann E. Farrell Engineering /Environmental Services Director of Engineering REVIEWED AND RECOMMENDED FOR BOARD ACTION: aw A. Farrell James M. Kelly General Manager ISSUE: The Board must approve out -of -state training and /or training expected to exceed $1000 which has not already been approved by inclusion in the 2006 -07 operating budget. RECOMMENDATION: Approve attendance of Ann E. Farrell, Director of Engineering at the annual California Association of Sanitation Agencies (CASA) conference in Washington, D. C. on March 12 -14, 2007. FINANCIAL IMPACTS: The cost of attendance, including registration, travel, food, and lodging is estimated at $2000. The Engineering Department is expected to significantly under spend their training budget for the year, even with this additional expenditure. ALTERNATIVES /CONSIDERATIONS: The Board may elect to forego staff attendance at this conference. BACKGROUND: Each year the California Association of Sanitation Agencies organizes a conference for a delegation of elected officials from CASA agencies and their staff to travel to Washington, D.C. to meet with elected representatives and further the goals and agenda of the individual agencies and CASA. Our District has typically sent one staff and one Board member to this conference. Ann E. Farrell, Director of Engineering, was recently named the vice chair of the CASA Federal Legislative Committee and is participating in organizing the conference and in identifying and developing issue papers to share with the elected representatives. She has also been asked to moderate one of the panel discussions. Therefore, Ms. Farrell is respectively requesting your approval to attend this unbudgeted conference. RECOMMENDED BOARD ACTION: Approve attendance of Ann E. Farrell at the annual California Association of Sanitation Agencies Washington, D.C. conference on March 12 -14, 2007. N: \ENVRSEC \Position Papers \Farrell\2007 \PP Farrell Attend CASA Conf 2- 15- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.1. CONSENT CALENDAR Type of Action: APPROVE TRAINING subject: APPROVE STAFF ATTENDANCE TO THE CALIFORNIA CLIMATE ACTION REGISTRY CONFERENCE Submitted By: Randy Schmidt Senior Engineer Initiating Dept /Div.: Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: k . - P'V — (�w R. Schmidt C. Swanson A. Farrell mes M. Kelly eneral Manager ISSUE: The Board must approve out -of -state training and /or training expected to exceed $1000 which has not already been approved by inclusion in the 2006 -07 operating budget. RECOMMENDATION: Approve attendance of Randy Schmidt, Senior Engineer, and Clint Shima, Assistant Engineer, at the California Climate Action Registry conference in Santa Barbara, California on March 19 -21, 2007. FINANCIAL IMPACTS: The cost of attendance, including registration, travel, food, and lodging is estimated at $2400. Adequate funds are available. ALTERNATIVES /CONSIDERATIONS: The Board may elect to forego staff attendance at this conference. BACKGROUND: The California Legislature recently passed AB 32 to significantly reduce the emission of Greenhouse Gases (GHG) in the state of California by 2020. The California Air Resources Board (CARB) has been delegated legislative authority to develop the regulations to reduce GHG emissions. CARB has turned to the California Action Climate Registry to assist in development of GHG emission testing and reporting protocols. CARB has stated that GHG emission inventories will likely be mandatory as early at January 1, 2008. By attending this conference Randy Schmidt, Senior Engineer, and Clint Shima, Assistant Engineer, will learn the latest methodology for preparing GHG emission inventories as well learn about the development of the pending GHG rules. This will enable CCCSD to prepare a proper GHG inventory in a timely manner to meet the possible January 1, 2008 deadline. RECOMMENDED BOARD ACTION: Approve attendance of Randy Schmidt, Senior Engineer, and Clint Shima, Assistant Engineer, at the California Climate Action Registry conference in Santa Barbara, California on March 19 -21, 2007. N: \ENVRSEC \Position Papers \Schmidt\2007 \PP Schmidt Attend GHG Conf 2- 15- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 3.m. CONSENT CALENDAR Type of Action: Human Resources Subject: ADOPT A RESOLUTION APPOINTING ALAN R. GRIEB TO THE POSITION OF PLANT OPERATIONS DIVISION MANAGER, M -24 ($9,752 - $11,854), EFFECTIVE FEBRUARY 16, 2007 Submitted By: Douglas J. Craig, Initiating Dept /Div.: Plant Operations Director of Plant Operations REVIEWED AND RECOMMENDED FOR BOARD ACTION: l Craig C. reita AW/ e mes M. Kelly, eneral Manager ISSUE: Board authorization is required to adopt a resolution for the appointment of a manager. RECOMMENDATION: Adopt a resolution appointing Alan R. (Randy) Grieb to the position of Plant Operations Division Manager, M -24 ($9,752 - $11,854), effective February 16, 2007. FINANCIAL IMPACTS: Approximately $3,500 this fiscal year. ALTERNATIVES /CONSIDERATIONS: Not fill the position or select another candidate. BACKGROUND: Douglas J. Craig, Director of Plant Operations, was promoted on September 22, 2006, vacating the position of Plant Operations Division Manager. Recruitment for the position began in late November 2006 and concluded with oral interviews on January 31, 2007. Based on Mr. Grieb's educational background, experience in the wastewater industry, and performance in the interview process, he is being recommended for appointment to Plant Operations Division Manager. Mr. Grieb has a bachelor's degree in Environmental Resources Engineering from Humboldt State University, is a registered professional engineer in both civil engineering and control systems engineering, and is a California State Water Resources Control Board certified Grade V operator. Members of the Board Personnel Committee have been informed of staff's recommendation to appoint Mr. Grieb to the position. The Board must adopt the attached resolution to finalize this action. RECOMMENDED BOARD ACTION: Adopt a resolution appointing Alan R. (Randy) Grieb to the position of Plant Operations Division Manager, M -24 ($9,752 - $11,854), effective February 16, 2007. RESOLUTION NO. 2007- A RESOLUTION APPOINTING ALAN R. GRIEB TO THE POSITION OF PLANT OPERATIONS DIVISION MANAGER BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: THAT, effective February 16, 2007, Alan R. Grieb be appointed to the position of PLANT OPERATIONS DIVISION MANAGER, Pay Range M-24,$9,752-$11,854, and be entitled to benefits normally accorded to the Management Group. PASSED AND ADOPTED this 15th day of February, 2007, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the District Board of the Central Contra Costa Sanitary District, COUNTERSIGNED: County of Contra Costa, State of California Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION AND ESTABLISHING ANNUAL COMPENSATION REVIEW SUGGESTED AGENDA February 15, 2007 Request Staff Report 2. Open Hearing a. Invite comments from public b. Close Hearing 3. Board Discussion 4. Board Action (refer to Position Paper) Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 4.a. HEARINGS Type of Action: subject: PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION AND ESTABLISHING ANNUAL COMPENSATION REVIEW Submitted By: Elaine R. Boehme Initiating Dept /Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: ISSUE: The Board will determine whether or not it wishes to revise the current Board Member compensation of $170 per day of service. RECOMMENDATION: Determine whether the Board wishes to revise the current compensation of $170 per day of service, and if it wishes to establish an annual review of Board Member compensation. If an adjustment is desired, adopt an ordinance (Attachment A) amending the Board Member compensation. FINANCIAL IMPACTS: If any revisions are made to the compensation, there may be a resulting increase in Board Member compensation. The maximum increase permissible under Health and Safety Code Section 6489 and Water Code Section 20202 would increase the compensation by $51 to $221 per day of service, not to exceed six days per calendar month. If all Board Members attended the maximum permitted six meetings per month, the maximum budget impact would be $18,360 per year. ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to amend Board Member compensation. The Board may decide to increase compensation by an amount less than the permitted 5% per year. BACKGROUND: On December 21, 2000, the Board adopted Ordinance 215, which increased the Board compensation from $100 (approved in 1987) to $170 per day of service, effective March 1, 2001. The number of services days is limited by the Health and Safety Code to no more than six days of service per calendar month. Board Member compensation has not been revised or reviewed since 2000. Health and Safety Code Section 6489 (Attachment B) states that the Board may, by ordinance adopted pursuant to Water Code Section 20202 (Attachment C), increase its compensation above the $100 per day permitted by the Health and Safety Code. Although this was done in 2000, with an increase effective March 1, 2001, no additional E. Boehme K. Alm 46mes M. Kelly, General Manager ISSUE: The Board will determine whether or not it wishes to revise the current Board Member compensation of $170 per day of service. RECOMMENDATION: Determine whether the Board wishes to revise the current compensation of $170 per day of service, and if it wishes to establish an annual review of Board Member compensation. If an adjustment is desired, adopt an ordinance (Attachment A) amending the Board Member compensation. FINANCIAL IMPACTS: If any revisions are made to the compensation, there may be a resulting increase in Board Member compensation. The maximum increase permissible under Health and Safety Code Section 6489 and Water Code Section 20202 would increase the compensation by $51 to $221 per day of service, not to exceed six days per calendar month. If all Board Members attended the maximum permitted six meetings per month, the maximum budget impact would be $18,360 per year. ALTERNATIVES /CONSIDERATIONS: The Board may decide it does not wish to amend Board Member compensation. The Board may decide to increase compensation by an amount less than the permitted 5% per year. BACKGROUND: On December 21, 2000, the Board adopted Ordinance 215, which increased the Board compensation from $100 (approved in 1987) to $170 per day of service, effective March 1, 2001. The number of services days is limited by the Health and Safety Code to no more than six days of service per calendar month. Board Member compensation has not been revised or reviewed since 2000. Health and Safety Code Section 6489 (Attachment B) states that the Board may, by ordinance adopted pursuant to Water Code Section 20202 (Attachment C), increase its compensation above the $100 per day permitted by the Health and Safety Code. Although this was done in 2000, with an increase effective March 1, 2001, no additional POSITION PAPER Board Meeting Date: February 15, 2007 Subject: PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE ADJUSTING BOARD MEMBER COMPENSATION AND ESTABLISHING ANNUAL COMPENSATION REVIEW increases have been considered since that time. The Board may approve up to a 30% increase in compensation to capture the permitted increases not taken in 2001 -2007 (up to 5% per year for six years). If the permitted annual increases are approved, they cannot be compounded for each prior year. The Board may approve an increase of any amount up to the full 5% per calendar year. If the permitted 5% per year is approved for this adjustment, the Board Member compensation will increase from the current $170 per meeting to $221 per meeting. If the compensation had been increased by 5% each year since 2001 and been compounded, the current compensation would be $228 per meeting. A survey was conducted of Board Member compensation at nearby sanitary districts (Attachment D). That chart is also attached for reference, showing where the Central Contra Costa Sanitary District falls in the range. Other agencies' Board Members may receive higher compensation due to compounding of annual increases in prior years. The Board may also wish to consider incorporating into the ordinance a yearly compensation review. This would need to be done by public hearing each year. An increase of up to 5% may be adopted once at any time in each calendar year. For example, the public hearings could be held in June of each year with the annual budget hearings, and any increase would be effective after sixty days later, since there is a 60- day adoption period before the ordinance becomes effective. If the Board today adopts an ordinance amending the compensation, it will take effect on April 16, 2007, in accordance with Water Code Section 20204, which states that the ordinance cannot be effective until 60 days after its passage. RECOMMENDED BOARD ACTION: Determine whether or not the Board wishes to change the Board Member compensation, and by what amount. Determine if an annual review is desired, and if so, determine time frame. Adopt an ordinance amending the Board Member compensation and including an annual compensation review if desired. ATTACHMENT A ORDINANCE NO. 2007- AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING DISTRICT CODE SECTION 2.04.030, COMPENSATION OF BOARD MEMBERS WHEREAS, California Health and Safety Code Section 6489 states that the Board of Directors may, by ordinance adopted pursuant to Water Code Section 20202, increase its compensation above the $100 per day permitted by the Health and Safety Code; and WHEREAS, the Water Code permits a compensation increase of up to five per cent once in each calendar year; WHEREAS, the Health and Safety Code limits Board Member compensation to no more than six days' service in a calendar month; and WHEREAS, the Board of Directors of the Central Contra Costa Sanitary District last adjusted its compensation in March, 2001, raising it to $170 per meeting; and WHEREAS, since no adjustments were made in subsequent years, the Board may approve an increase of up to five percent per year for each year an increase was not taken, to capture the permitted increases not taken in 2001 -2007; and WHEREAS, any such increase shall not be effective for at least sixty days from the date of final passage. NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary District does ordain as follows: Section 1. That Section 2.04.030 of the District Code is hereby repealed and that a new Section 2.04.030 is hereby adopted as follows. A. Beginning on April 16, 2007 and continuing until the ordinance codified in this section is modified or repealed, the compensation for Directors of the Central Contra Costa Sanitary District is increased from the current one hundred and seventy dollar level approved on March 1, 2001 to $221 per day of service, effective sixty days after adoption of this ordinance and as set forth by Section 6489 of the Health and Safety Code and Section 20202 of the California Water Code. Compensation shall not be for more than a total of six days of any calendar month. B. The Board of Directors' compensation shall be reviewed annually at a public hearing. Any adjustment shall be enacted by adoption of an ordinance. Section 2. This ordinance shall be a general regulation of the District and shall be published in the Contra Costa Times, a newspaper of general circulation, published and circulated within the Central Contra Costa Sanitary District. This ordinance shall be effective on April 16, 2007, not less than sixty days after its passage and adoption by the Board of Directors. PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa Sanitary District on the 15th day of February 2007, by the following vote: AYES : Members: NOES: Members: ABSENT: Members: Countersigned: Elaine R. Boehme, CIVIC Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Title 2 ADMINISTRATION Chapter 2.04 BOARD OF DIRECTORS 2.04.030 Compensation of Board Members. A.'Beginning on April 16Mars#a, 2007 and continuing until the ordinance codified in this section is modified or repealed, the compensation for Directors of the Central Contra Costa Sanitary District is increased from the current one hundred and seventy dollar level approved on March 1, 2001 to ($221 per day of service), effective sixty days after adoption of this ordinance and , as set forth by applisat+ea of Section 6489 of the Health and Safety Code and Section 20202 of the California Water Code. Compensation shall not be for more than a total of six days of any calendar month. B. The arnount e# Board of Directors' compensation shall be reviewed annually at a public hearing. Any adjustment shall be enacted by adoption of an ordinance. ATTACHMENT B Health and Safety Code Section 6489. (a) Subject to subdivision (b), each of the members of the board shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by board members above the amount of one hundred dollars ($100) per day. (c) The secretary of the sanitary board shall receive compensation to be set by the sanitary district board, which compensation shall be in lieu of any other compensation to which he or she may be entitled by reason of attendance at the meeting or meetings of the sanitary board. (d) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (e) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. ATTACHMENT C Water Code Section 20202. In any ordinance adopted pursuant to this chapter to increase the amount of compensation which may be received by members of the governing board of a water district above the amount of one hundred dollars ($100) per day, the increase may not exceed an amount equal to 5 percent, for each calendar year following the operative date of the last adjustment, of the compensation which is received when the ordinance is adopted. No ordinance adopted pursuant to this chapter shall authorize compensation for more than a total of 10 days in any calendar month. Water Code Section 20203. Any water district described in Section 20201 is authorized to adopt ordinances pursuant to this chapter. No ordinance shall be adopted pursuant to this chapter except following a public hearing. Notice of the hearing shall be published in a newspaper of general circulation pursuant to Section 6066 of the Government Code. Water Code Section 20204. An ordinance adopted pursuant to this chapter shall become effective 60 days from the date of its final passage. The voters of any water district shall have the right, as provided in this chapter, to petition for referendum on any ordinance adopted pursuant to this chapter. ATTACHMENT D COMPARISON OF OTHER AGENCIES' BOARD COMPENSATION West County " I $265.35 I Option for up to 5% increase Wastewater District each year Oro Loma Sanitary District 1 $240.00 1 Annual review (Januarv) Union Sanitary District $212.10 Annual review Castro Valley Sanitary $170.87 Annual review District Ironhouse Sanitary District 1 $170 No annual review Mt. View Sanitary District $170 No annual review East Bay MUD I $1025 per month I (Governed by different regulations) December 2006 NOTE: Except for EBMUD, only agencies governed by the same regulations as Central San were selected for the survey. HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF A RESOLUTION TO MODIFY THE LOCAL DISCHARGE LIMITS USED TO CONTROL THE DISCHARGE OF PROCESS WASTEWATER TO DISTRICT FACILITIES SUGGESTED AGENDA February 15, 2007 I. Request Staff Report II. Hearing A. Open Hearing B. Receive comments from affected business representatives C. Receive comments from other interested parties D. Close Hearing III. Discussion IV. Recommended Actions: A. Consider adopting the proposed Resolution to adopt proposed modifications to the Local Discharge Limits N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on LDL 2- 15- 07.doc Page 3 of 3 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 4.b. HEARINGS Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT A PUBLIC HEARING TO ADOPT PROPOSED MODIFICATIONS TO DISTRICT LOCAL DISCHARGE LIMITS Submitted By: Initiating Dept. /Div.: Tim Potter Engineering /Environmental Services Source Control Program Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: �. ISSUE: The Board must conduct a public hearing to consider a resolution to adopt modifications to the Local Discharge Limits required under the Federal Pretreatment Regulations in 40 Code of Federal Regulations (CFR) Part 403. RECOMMENDATION: Adopt a resolution to accept the proposed modifications to the Local Discharge Limits used to protect the District's operations. FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing the modified local limits. Indirect costs will be incurred as more businesses are issued Industrial User Permits under the proposed tiered limits for copper, lead, mercury, and cyanide. The District could be subject to citation and assessment of penalties by the U.S. Environmental Protection Agency (USEPA) or the SF Bay Regional Water Quality Control Board (RWQCB) if the Local Discharge Limits are not modified to account for significantly lower effluent limitations in the NPDES Permit issued to the District. ALTERNATIVES /CONSIDERATIONS: Establishment and implementation of Local Discharge Limits is mandated under Federal Pretreatment Regulations according to the guidelines and models established by the USEPA. The alternative to this action is to discontinue with adopting the proposed modifications and attempt to develop different Local Discharge Limits that can be approved by the USEPA and the RWQCB. BACKGROUND: Local Discharge Limits are required to be established under the Federal Pretreatment Regulations contained in 40 CFR Part 403. Local Discharge Limits apply to industrial and commercial dischargers to the District's collection system and treatment plant and specifically regulate the amounts of various pollutants of concern that can be discharged. As part of the NPDES Permit renewal process, the District is required to conduct a Technical Review of the Local Discharge Limits considering changes to the treatment plant operations, permit conditions or changes in the composition of the businesses discharging to the District's system. The District N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on LDL 2- 15- 07.doc Page 1 of 3 pc&a-A a�� �L4 1n4� T. Potter A. Farrell — K. Alm James M. Kelly General Manager ISSUE: The Board must conduct a public hearing to consider a resolution to adopt modifications to the Local Discharge Limits required under the Federal Pretreatment Regulations in 40 Code of Federal Regulations (CFR) Part 403. RECOMMENDATION: Adopt a resolution to accept the proposed modifications to the Local Discharge Limits used to protect the District's operations. FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing the modified local limits. Indirect costs will be incurred as more businesses are issued Industrial User Permits under the proposed tiered limits for copper, lead, mercury, and cyanide. The District could be subject to citation and assessment of penalties by the U.S. Environmental Protection Agency (USEPA) or the SF Bay Regional Water Quality Control Board (RWQCB) if the Local Discharge Limits are not modified to account for significantly lower effluent limitations in the NPDES Permit issued to the District. ALTERNATIVES /CONSIDERATIONS: Establishment and implementation of Local Discharge Limits is mandated under Federal Pretreatment Regulations according to the guidelines and models established by the USEPA. The alternative to this action is to discontinue with adopting the proposed modifications and attempt to develop different Local Discharge Limits that can be approved by the USEPA and the RWQCB. BACKGROUND: Local Discharge Limits are required to be established under the Federal Pretreatment Regulations contained in 40 CFR Part 403. Local Discharge Limits apply to industrial and commercial dischargers to the District's collection system and treatment plant and specifically regulate the amounts of various pollutants of concern that can be discharged. As part of the NPDES Permit renewal process, the District is required to conduct a Technical Review of the Local Discharge Limits considering changes to the treatment plant operations, permit conditions or changes in the composition of the businesses discharging to the District's system. The District N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on LDL 2- 15- 07.doc Page 1 of 3 POSITION PAPER Board Meeting Date: February 15, 2007 subject CONDUCT A PUBLIC HEARING TO ADOPT PROPOSED MODIFICATIONS TO DISTRICT LOCAL DISCHARGE LIMITS completed the Technical Review of the Local Discharge Limits for the current NPDES Permit that was effective on July 1, 2001, and determined that several of the District's Local Discharge Limits warranted formal evaluation and possible modification as a result of changes in effluent limitations contained in the National Pollutant Discharge Elimination System ( NPDES) issued to the District. The District submitted a Local Limits Evaluation report to the RWQCB in December 2004 using the procedures and models set by the USEPA for calculating Local Discharge Limits. The report recommended that most of the current Local Discharge Limits be maintained at their current levels but that the limits for arsenic, copper, lead, mercury, zinc, and cyanide should be lowered in order to properly protect the District's treatment plant operations. In addition, the report recommended that rather than establish numeric Local Discharge Limits for certain pollutant parameters (e.g. dioxin compounds, PCBs, tributyltin) that discharge prohibitions would provide adequate control strategies. In September 2006, the RWQCB responded to the December 2004 report requesting that more data and information be provided. The District provided the additional information and data to which the RWQCB determined the Local Limits Evaluation packet was complete and that the new Local Limits should be implemented. The District will complete an additional Technical Review of the Local Discharge Limits in response to the new NPDES Permit adopted by the RWQCB in January 2007, with the expectation that the proposed modifications being considered under this position paper will be sufficiently protective of the District's operations and not require immediate modifications. The District's Source Control Section hosted three workshops for businesses currently operating under an Industrial User (IU) permit (one on December 15, 2006 and two on January 8, 2007, all at the District's Multi- Purpose Room in Martinez), and four workshops for businesses not currently permitted (two on December 18, 2006 at the District's Multi- Purpose Room in Martinez, and two on January 9, 2007 at the City Council Chambers in downtown Walnut Creek). Fifteen people representing 13 permitted businesses attended the Permitted IU workshops, while 13 people representing 11 unpermitted businesses attended the unpermitted IU workshops. The feedback received from the businesses' representatives was positive. RECOMMENDED BOARD ACTION: After conducting a public hearing to receive comments on the resolution, adopt the resolution to accept the proposed modifications to the Local Discharge Limits used to protect the District's operations with an effective date of September 1, 2007 to begin implementing the modified Local Discharge Limits. N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on LDL 2- 15- 07.doc Page 2 of 3 RESOLUTION NO. 2007- A RESOLUTION ESTABLISHNG LOCAL LIMITS FOR WASTEWATER DISCHARGES PURSUANT TO TITLE 10 OF THE DISTRICT CODE WHEREAS, the Regional Water Quality Control Board has required the Central Contra Costa Sanitary District to implement a Pretreatment Program that meets or exceeds federal Environmental Protection Agency and State requirements based on the Clean Water Act of 1977, as amended, and 40 CFR § 403.8 et seq.; and WHEREAS, the District treats residential, commercial and industrial sewage; and WHEREAS, local discharge limits help District staff protect the operation of the treatment plant, maintain or improve the quality of the dewatered sludge, and protect the environment; and WHEREAS, Title 10 of the Central Contra Costa Sanitary District Code authorizes the Board of Directors to set local limits by resolution; and WHEREAS, the District staff has developed technically based local limits that meet or exceed current regulatory requirements; and WHEREAS, the District wishes to provide for an orderly imposition of such new local limits and standards and therefore wishes to provide District staff with sufficient time to educate the regulated community and entities as to the new requirements before; and WHEREAS, as set forth in Section 10.08.090 of the District Code and other provisions of the District Code and state and federal law, the District's establishment by ordinance or resolution of more stringent source limitations or requirements can in no way subject the District to civil liability or penalty for interference with a vested right of any user. BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District as follows: 1. In accordance with Title 10 of the District Code, particularly Section 10.08.040. N., the substances, wastes, wastewater, or constituents listed in Attachment A are prohibited in whole or by concentration level according to the local limits set forth therein; and 2. In order to provide sufficient time for District staff to educate and properly notice the regulated community and to provide for an orderly imposition of the new local limits provided herein, this resolution shall become effective on September 1, 2007; and 3. That each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. PASSED AND ADOPTED this 15th day of February, 2007, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: President of the District Board of the Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm District Counsel Doc. 932535v2 Attachment A (page 1 of 2) CENTRAL CONTRA COSTA SANITARY DISTRICT LOCAL DISCHARGE LIMITS* Pollutant Discharge Limitation ** Limit Applies To: Antimony Sb ) 5.0 All Industrial Users IUs Arsenic As 0.8 All Ws Cadmium (Cd) 0.3 All lUs Chromium (Cr (T)) 1.5 All lUs Copper (Cu) 0.9 0.04 Permitted IUs Unpermitted IUs Lead (Pb) 0.4 0.001 Permitted IUs Unpermitted IUs Mercury (Hg) 0.003 0.0001 Permitted IUs Unpermitted IUs Nickel (Ni) 3.0 All lUs Selenium (Se) 0.3 All IUs Silver (A 1.0 All IUs Zinc (Zn) 4.5 All lUs Cyanide (CN) 0.5 Prohibition Permitted IUs Unpermitted lUs Phenol 10.0 All IUs H 5.5 — 11.5 units All IUs Oil & Grease - Mineral 100 All IUs Oil & Grease - Animal & Vegetable 300 All lUs Total Toxic Organics (TTO) (see separate list) 2.10 All IUs Special Limitations for Groundwater Remediation Projects: Benzene, Toluene, Ethylbenzene & Xylene 1.0 BTEX Total Petroleum Hydrocarbons (TPH) 10.0 * More stringent limits may apply for industries subject to National Categorical Pretreatment Standards. ** Expressed in mg/L unless otherwise noted. Pollutant Parameters with Alternative Control Strategies Pollutant Control Strategy Chlorpyrifos Best Management Practices Diazinon Best Management Practices Dieldrin Discharge Prohibition Dioxin compounds Discharge Prohibition 4,4' -DDE Discharge Prohibition PCBs Discharge Prohibition Perchloroeth lene (PCE) from dry cleaning Discharge Prohibition Tributyltin Discharge Prohibition Attachment A (page 2 of 2) CCCSD LIST OF TOTAL TOXIC ORGANIC (TTO) POLLUTANTS SUBJECT TO TTO LOCAL LIMIT OR TTO MANAGEMENT PLAN The District's Local Discharge Limits include a parameter called Total Toxic Organics (TTO) with a limit set at 2.10 mg /L. The EPA has created a list of priority organic pollutants which cumulatively make up the District's TTO parameter. The analysis methods set forth in 40 CFR Part 136, Methods 624, 625, and 608, provide data on the TTO constituents. Method 608 may not always be required. Unless specifically required, Method 1613 for dioxin compounds is not mandatory for routine analysis of TTO constituents. The constituents with concentrations greater than 0.01 mg /L must be added together to determine compliance with the District's Local Discharge Limit for TTO. Following is a list of the constituents of TTO: METHOD 624 Acrolein Acrylonitrile [2- propenenitrile] Benzene Bromoform [tribromomethane] Carbon tetrachloride [tetrach loromethane] Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether (mixed) Chloroform [trichloromethane] 1,2- Dichlorobenzene 1,3- Dichlorobenzene 1,4- Dichlorobenzene Dichlorobromomethane 1,1- Dichloroethane 1,2- Dichloroethane 1,1 -Dich loroeth ylene 1,2- Dichloropropane 1,3- Dichloropropylene [1,3- dichloropropene] 1,2- trans -Dich loroethylene [1,2- trans - dichloroethene] Ethylbenzene Methyl bromide [bromomethane] Methyl chloride [chloromethane] Methylene chloride [dichloromethane] Styrene 1,1,2,2- Tetrachloroethane Tetrachloroethylene [perch loroethylene, tetrachloroethene] Toluene 1, 1, 1 -Trichloroethane 1,1,2- Trichloroethane Trichloroethylene [ Trichloroethene] Vinyl chloride [Chloroethylene] METHOD 625 Acenaphthene Acenaphthylene Anthracene 1,2- Benzanthracene [benzo(a)anthracene] Benzidine 3,4- Benzofluoranthene [benzo(b)fluoranthene] 11, 1 2-Benzofluoranthene [ benzo(k)fluoranthene] 1,12 - Benzoperylene [benzo(g, h, i) perylene] 3,4- Benzopyrene [benzo(a)pyrene] bis(2- Chloroethoxy) methane bis(2- Chloroethyl) ether bis(2- Chloroisopropyl) ether bis(2- Ethylhexyl) phthalate 4- Bromophenyl phenyl ether Butyl benzyl phthalate 4- Chloro -3- methylphenol [para -ch loro- meta - cresol] 2- Chloronaphthalene 2- Chlorophenol 4- Chlorophenyl phenyl ether Chrysene 1,2, 5,6- Dibenzanthracene [dibenzo(a, h)anthracene] 3,3'- Dichlorobenzidine 2,4- Dichlorophenol Diethyl phthalate 2,4- Dimethylphenol Dimethyl phthalate Di -n -butyl phthalate 4,6- Dinitro -ortho- cresol [4,6- dinitro-2-methylphenol] 2,4- Dinitrophenol 2,4- Dinitrotoluene 2,6- Dinitrotoluene Di -n -octyl phthalate 1,2- Diphenylhydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3- c,d)pyrene [2,3- o- phenylene pyrene] Isophorone Naphthalene Nitrobenzene 2- Nitrophenol 4- Nitrophenol N- Nitrosodimethylamine N- Nitroso -di -n- propylamine N- Nitrosodiphenylamine Pentachlorophenol Phenanthrene Pyrene 1,2,4- Trichlorobenzene 2,4,6 - Trichlorophenol METHOD 608 Aldrin Alpha -BHC Alpha - endosulfan Beta -BHC Beta - endosulfan Chlordane (technical mixture and metabolites) 4,4' -DDD [p,p' -TDE] 4,4' -DDT [p,p' -DDT] Delta -BHC Endosulfan sulfate Endrin Endrin aldehyde Gamma -BHC [lindane] Heptachlor Heptachlor epoxide Toxaphene MODEL ` Uncontrollable .. Flow 40.9 MGD Residential Local Discharge Limits apply to the pollutants present in the process discharges from controllable sources. Treatment \ Interference Plant Loading with Treatment Discharge &Removal Plant -- - - - - - - -J Load to Bad - - -- _.�.'Controllable FIOW Inhibition NPDES Permit Limits 2.0 MGD Industrial 2.5 MGD Commercial Local Discharge Limits apply to the pollutants present in the process discharges from controllable sources. HEARING TO RECEIVE COMMENTS ON AND CONSIDER ADOPTION OF THE PROPOSED MODIFICATIONS TO TITLE 10 OF THE DISTRICT CODE (SOURCE CONTROL ORDINANCE) USED TO MANAGE THE POTENTIAL ADVERSE EFFECTS OF PROCESS WASTEWATER DISCHARGED TO DISTRICT FACILITIES SUGGESTED AGENDA February 15, 2007 Request Staff Report II. Hearing A. Open Hearing B. Receive comments from affected business representatives C. Receive comments from other interested parties D. Close Hearing III. Discussion IV. Recommended Actions: A. Consider adopting the proposed modifications to Title 10 of the District Code (Source Control Ordinance) NAENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on Title 10 2- 15- 07.doc Page 4 of 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 4.c. HEARINGS Type of Action: CONDUCT PUBLIC HEARING subject: CONDUCT A PUBLIC HEARING TO ADOPT PROPOSED MODIFICATIONS TO TITLE 10 OF THE DISTRICT CODE Submitted By: Tim Potter Source Control Program Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: Initiating Dept /Div.: Engineering /Environmental Services qv-wjt� - AV-- Y L 6: T. Potter A. Farrell K. Alm ames M. Kelly 69eneral Manager ISSUE: The Board must conduct a public hearing in order to adopt modifications to Title 10 of the District Code (Source Control Ordinance); an ordinance that is required under the Federal Pretreatment Regulations in 40 Code of Federal Regulations (CFR) Part 403. RECOMMENDATION: Adopt the ordinance incorporating the proposed modifications to Title 10 of the District Code (Source Control Ordinance) . FINANCIAL IMPACTS: The District will not incur any direct expenses for implementing the modifications to the Source Control Ordinance. Indirect costs will be incurred as the conditions of the ordinance are applied to businesses. ALTERNATIVES /CONSIDERATIONS: The alternative to this action is to not implement the proposed modifications to Title 10 of the District Code and continue to operate under the current provisions of Title 10. If the proposed modifications to Title 10 were not adopted, then a separate process would need to be taken to incorporate the mandatory elements of the Pretreatment Streamlining Rule adopted by the US Environmental Protection Agency (USEPA) in October 2005 into the District's Source Control Ordinance. BACKGROUND: The legal authority and elements contained in the Source Control Ordinance are required to be established under the Federal Pretreatment Regulations contained in 40 CFR Part 403. Several developments prompt the District to revise the Source Control Ordinance: adoption of the Pretreatment Streamlining Rule by the USEPA, statewide standards for controlling Fats, Oils and Grease (FOG) wastes as part of the Sanitary Sewer Management Plan (SSMP) programs, implementation of control strategies for certain pollutants identified in the Local Discharge Limits Evaluation Report, and the option to increase standards to ensure the District's operations are protected from the disposal of process wastewater to the sanitary sewer system. N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on Title 10 2- 15- 07.doc Page 1 of 4 POSITION PAPER Board Meeting Date: February 15, 2007 subject: CONDUCT A PUBLIC HEARING TO ADOPT PROPOSED MODIFICATIONS TO TITLE 10 OF THE DISTRICT CODE The Pretreatment Streamlining Rule contained both mandatory elements that need to be incorporated into the District's Pretreatment Program and optional elements that can be incorporated if selected by the District. Most of the mandatory elements of the Pretreatment Streamlining Rule were already present in the District's Source Control Ordinance and procedures. The one mandatory element that needs to be incorporated into the Source Control Ordinance is to the definition of Significant Non - Compliance (SNC) in Section 10.12.100 regarding the publication of the businesses in SNC. Examples of the optional elements of the Pretreatment Streamlining Rule include: • Section 10.16.110. C. - Other changes to the definition of SNC (e.g. allowing required reports to be 45 days after the due date versus the previous standard of 30 days late); • Section 10.04.020 FF. and 10.12.060 A.4. - Incorporating new levels of oversight for businesses subject to federal categorical pretreatment standards (e.g. Non - Significant Categorical User, reduced monitoring for Categorical pollutant parameters not present); • Section 10.04.020 C. and 10.08.130 - Enabling Best Management Practices to be used to control process discharges in lieu of numerical discharge limitations. The recently adopted statewide standards for maintaining wastewater collections systems to reduce or eliminate sanitary sewer overflows under the SSMP program requires that a FOG control program be effectively implemented. The District's FOG control program is effective but through experience enhancements have been identified that can improve both the effectiveness and efficiency of this program related to controlling sources of FOG wastes discharged to the District's collection system. Examples of the proposed changes to the Source Control Ordinance to improve the FOG control standards include: Section 10.32.035 - Establish clear operation and maintenance standards for traps and interceptors used to remove FOG and other pollutants from the process wastewater discharged from food service facilities and other service businesses such as vehicle service facilities; Section 10.08.055 - Establish clear standards to require waste haulers to document the disposal facility used to process the waste being removed from the generator's site. This standard is already in place for the transportation of hazardous wastes but will improve the documentation available to the District to verify the proper disposal of FOG and septage waste. The Local Discharge Limits Evaluation Report identified a discharge prohibition as a viable control strategy for certain pollutants rather than setting a numeric limit that would be very low and possibly under the analytical detection limit for the parameter. N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on Title 10 2- 15- 07.doc Page 2 of 4 POSITION PAPER Board Meeting Date: February 15, 2007 subject. CONDUCT A PUBLIC HEARING TO ADOPT PROPOSED MODIFICATIONS TO TITLE 10 OF THE DISTRICT CODE • Section 10.08.040 P. - Establishes the discharge prohibition standard for specific pollutant parameters (e.g. dioxin compounds, PCBs). Adopting the remaining recommended modifications to clarify the standards will enhance the Source Control Ordinance and its effectiveness to protect the District's operation. The issues addressed by the proposed modifications have been identified through the oversight inspections performed by the SF Bay Regional Water Quality Control Board and from experience implementing the program. Examples of these modifications being proposed under this proposal include: • Section 10. 12.060 A.4. - Clarifying the authority of the District to use professional judgment when selecting pollutants to be analyzed as part of a permitted business's monitoring program (e.g. analysis methods to demonstrate compliance with the Total Toxic Organic limit); • Section 10.08.050 - Clarifying the applicability of the unauthorized discharge location to include maintenance structures on private property (e.g. manholes, clean - outs). The District's Source Control Section hosted three workshops for businesses currently operating under an Industrial User (IU) permit (one on December 15, 2006, and two on January 8, 2007 all at the District's Multi- Purpose Room in Martinez), and four workshops for businesses not currently permitted (two on December 18, 2006 at the District's Multi- Purpose Room in Martinez, and two on January 9, 2007 at the City Council Chambers in downtown Walnut Creek). Fifteen people representing 13 permitted businesses attended the Permitted IU workshops, while 13 people representing 11 unpermitted businesses attended the unpermitted IU workshops. The feedback received from the businesses' representatives was positive. RECOMMENDED BOARD ACTION: After conducting a public hearing to receive comments on the proposed modifications to Title 10, adopt the ordinance incorporating the proposed modifications to Title 10 of the District Code (Source Control Ordinance) with a two effective dates: effective seven days from publication of the ordinance for the elements contained in the Pretreatment Streamlining Rule; and June 1, 2007 for all other proposed modifications. N: \ENVRSEC \Position Papers \Potter\2007 \PP Conduct Public Hearing on Title 10 2- 15- 07.doc Page 3 of 4 ORDINANCE NO. AN ORDINANCE REPEALING TITLE 10 OF THE DISTRICT CODE AND ADOPTING A NEW TITLE 10 OF THE DISTRICT CODE IN PHASES IN ORDER TO CLARIFY RIGHTS, RESPONSIBILITIES AND REQUIREMENTS FOR THE PRETREATMENT OF DISCHARGES INTO THE DISTRICT WASTEWATER COLLECTION SYSTEM WHEREAS, the District has determined that there is a need to repeal and update the existing provisions of Title 10 (Source Control (Pretreatment)) in order to meet and /or exceed the laws of the State of California and of the United States relating to the protection of the environment, control of water pollution, disposal of hazardous wastes, and pretreatment of industrial discharges to publicly owned treatment works; and WHEREAS, in particular, some of the changes to the existing provisions of Title 10 of the District Code are mandated by the U.S. Environmental Protection Agency's Pretreatment Streamlining Rule, 44 CFR Parts 9, 122, and 403, and therefore need to be implemented as soon as possible; and WHEREAS, other provisions of the updated Title 10 will impose new standards and requirements for the pretreatment and handling of grease and oil, wastewater hauling and other activities that District staff wishes to notice and /or educate the public about before having those sections go into effect; and WHEREAS, therefore, the District wishes to repeal and supersede the existing provisions of Title 10 of the District Code in phases, thereby adopting new pretreatment requirements in an orderly manner; and WHEREAS, the'proposed repeal and update of Title 10 shall apply to all wastewater discharges within the District and to discharges from other governmental bodies or agencies who are, by contract or agreement with the District, users of the District's treatment plant; and WHEREAS, notice of a public hearing concerning the new proposed update of Title 10 of the District Code was duly published in accordance with Government Code Section 50022.3 et seq. and said public hearing was held on February 15, 2007; and WHEREAS, at said public hearing, all interested parties were given an opportunity to be heard, and thereupon, the hearing was closed; and WHEREAS, the Board of Directors duly considered all oral and documentary evidence; and WHEREAS, the Board of Directors has determined that it is in the best interest of public health and safety and the environment to adopt an ordinance repealing the old Title 10 and adopting a new Title 10 of the District Code that updates the pretreatment and other provisions of that title. NOW THEREFORE the Board of Directors does ordain as follows: Section 1. Phased Adoption of New Provisions. Former Sections 10.12.060, 10.12.100, and 10. 16.110 of Title 10 of the District Code, entitled "Source Control (Pretreatment)," are hereby replaced by new Sections 10.12.060, 10.12.100, and 10. 16.110 of the new Title 10, also entitled "Source Control (Pretreatment)" and set forth in Exhibit A to this Ordinance, seven (7) days after publication of this Ordinance (i.e., the day this Ordinance takes effect pursuant to Section 4, below). In addition, new Sections 10.04.020 C, 10.04.020 FF, 10.08.130, 10. 12.040 C.26 are adopted and added to Title 10, as set froth Exhibit A to this Ordinance, seven (7) days after publication of this Ordinance. All other sections of Title 10 of the District Code are hereby replaced with the remaining text of the new Title 10, and shall go into effect on June 1, 2007. The full text of this new Title 10 is attached as Exhibit A to this Ordinance. Section 2. Phased Repeal. Former Sections 10.12.060, 10.12.100, and 10. 16.110 of Title 10 of the District Code, are hereby repealed in their entirety as of seven (7) days after publication of this ordinance (i.e., the day this Ordinance takes effect pursuant to Section 4, below) and replaced with those provisions set forth and referenced above in Section 1 of this Ordinance. All other sections of Title 10 of the District Code are hereby repealed in their entirety as of June 1, 2007 and replaced with those provisions set forth and referenced above in Section 1 of this Ordinance. Section 3. Severability. A. If any provision of this Ordinance or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. B. The Board of Directors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof 2 irrespective of the fact that any one or more sections, subdivision, paragraph, sentence, clause, or phrases are held unconstitutional, invalid or unenforceable. Section 4. Effective Date. Upon passage and publication of this Ordinance or a summary thereof, pursuant to Health & Safety Code §§ 6490 and 6491.3, this Ordinance shall take effect seven (7) days after publication. PASSED AND ADOPTED this 15th day of February, 2007, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: ABSTAIN: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District, County of Contra Costa, State of California APPROVED AS TO FORM: Kenton L. Alm District Counsel 932556v6; 802 -018 3 EXHIBIT A TifleTITLE 10 SOURCE CONTROL (PRETREATMENT)-, (rev date 212/071 Chapters: 10.04 General Provisions 10.08 Regulations 10.12 Administration 10.16 Enforcement 10.20 Hearings, and Appeals-.-tuld Req�!ests ft)!- Bom-0 G"wisidel-tai(In oP.' �,' 10.24 Fees 10.28 Waste Hauler Program 10.32 Grease, Oil and Sand Interceptor Program IL ............. ... .. .. ... . j...A ... ...... ........... .......... Chapter 10.04 GENERAL PROVISIONS Sections: 10.04.010 Purpose and iic..tPolicy. 10.04.020 Definitions. 10.04.030 Abbreviations. 10.04.040 Ministerial Issuance. 10.04.050 Severabili!y. 10.04.060 Conflict. 10.04.070 Repeal. 10.04.010 Purpose and poiie\,Policy. ---This 4tk-Ordinance sets forth uniform requirements for contributors to the wastewater collection and treatment system of the Central Contra Costa Sanitary District (hereafter °District,-,) and enables the District to comply with all applicable state and federal laws required by the Clean Water Act of 1977: as amended, and the General Pretreatment Regulations (40 CFR Part 403), which are on file at the District OA�Office. - -- -The objectives of this tj Ordinance are to: A. T o- cotiItAyCom I with the laws of the State of California and of the United States relating to the protection of the environment, control of water pollution, disposal of hazardous wastes,, and pretreatment of industrial discharges to publicly owned treatment works. B. r.,. } -pr veatPrevent the introduction of wastes into the District wastewater system which will interfere with the operation of the system or other District operations. — -C. 'ro the introduction of wastes into the District wastewater system which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the sys- tem'.1system's overall operations. - - D. =.a:} pr-e em Prevent introduction of toxic substances to the District wastewater system which could reach the environment in toxic amounts. -- - - - -E. 44ffft, Prevent the introduction of wastes into the system which may affect the r) stf.ie+= sDistrict's ability to dispose of its ash, sludge, or other residuals. F. To iflipfowjMp rove the opportunity to recycle and reclaim wastewater and sludge from the system. - - G.tttPrevent the introduction of wastes that may be inadequately treated by District facilities and may adversely affect the environment or may cause a violation of the.> +ta District's NPDES permit or may contribute to the need for modification of the 7. NPDES permit. H. =-Protect District personnel while conducting activities related to the collection, treatment and disposal of wastes through the District facilities. -------- - - - - -- I. -.i<. } -pf7e etitPrevent a public hazard or public nuisance arising from the collection, treatment,, and disposal of wastes through the District system. - -- J. 44t- ," revent the introduction of wastes to sewers connected to the District system that could result in the District being classified as a hazardous waste treatment, storage, or disposal facility under the laws of the State of California or the United States. K. Provide for equitable distribution of the cost of theT3 rit a sti} ttrtttnit pso`:,i- amDistrict's Source Control Pro rC�Lam. - This tiiieOr inance provides for the regulation of contributors to the District wastewater collection system through the issuance of permits or permit contracts to certain users and through enforcement of general requirements for the other users, authorizes 2 monitoring and enforcement activities, requires user reporting, and provides for the setting of fees for the equitable distribution of costs associated with maintaining a +ty-�- pt tgfftmSource Control Pro ram. This tjtieOrdinance shall apply to all discharges within the District and to discharges from other governmental bodies or agencies who are, by contractor agreement with the District, users of the ,== ;:District`s treatment plant._ Except as otherwise provided herein, the General Manager of the District shall administer, implement, and enforce the provisions of this i,4 {) ?(Ordinance. 10.04.020 Definitions. — -- Unless the context specifically indicates otherwise, the following terms and phrases, as used in this titteOrdinance, shall have the t*tyitt,' -iRg meanings hereinafter designated: °A. Act= or = "the Act .'" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. .. ............ ................ tf�tf�;..L..ff�rfM Authorized Representative of Industrial User. An authorized representative of an industrial user may be: .. _L1 principal executive officer, if the industrial user is a corporation; b ,,�_L21 general partner or proprietor if the industrial user is a partnership or proprietorship, respectively; - -t= - or J3 I duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge originates and if such representative is identified in writing by the individual designated in or (i ) above. .... __ ........ _ ............. .....�......._....._........ <C. Best Management Practices (BMP "s). Schedules of activities, prohibitions of practices, maintenance or operating rocedures. and other management practices to prevent or reduce the pollution of "waters of the United States." Best Mana ement Practices mav be Proposed bv an individual user and accepted by the District or, as set forth in this Ordinance, mandated and set by the District. D. Biochemical ��Ox en Demand (BODE , The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five 6Ldays at twenty degrees t2ncentigrade, expressed in terms of weight and concentration (milligrams per liter, mg/1). E. Categorical tart "fiieStandards. National pretreatment standards which specify quantities or concentrations of pollutants or pollutant properties that may be discharged by industrial users in specified industrial subcategories. _..__. ................. ...__i.;2..._.......... j.. iof: -it,stf,atitsec,tfleati's.afjyF. Class I Industrial User. Any nondomestic user wjiieti wiiii,equ who reguires a significantly greater level of administrative 3 services and /or oversight by the District pi- 0t>amSource Control Program than a Class II ttUser, based on the unusual character 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. r G. Class 11 Industrial User. An nondomestic user of the t, ices District's wastewater disposal system who.. &. Has 1 has a discharge flow of twenty -five thousand 25.000) gallons or more per average work day., or or 22 contributes process wastewater which makes up pwt-eet, +5% or more of the District treatment H-tw=�, let's average dry- _weather hydraulic or organic capacity; or .................... ...t,....................:.,... has in its wastes hazardous pollutants,_(,,. or 4 ) is subject to national pretreatment standards* or 5 has in its untreated wastewater pollutants which are in excess of any pretreatment standard or requirement, including any standard identified in this t+t+eordinance or local limits set by resolution of the District Board, or --4- mttyJ m , in the opinion of the District, have a reasonable potential for adversely impacting, either singularly or in combination with other contributing industries, the .; -- District's treatment plant or the ability of the District to meet the objectives of this t+ 4eOrdinance or for violating any pretreatment standard or requirement. H. Class III Industrial User. An nondomestic user wiiieiiwho may, in the opinion of the District, have an impact on the r�+ i.t,. +tt"S District's ability to meet the objectives of this t+t +e.Qrdinance. This impact may be of a lesser degree than for a Class II User due to the volume, characteristics, or the nature of the process producing the waste._ Any non - domestic user m h -who generates hazardous waste, whether or not the -w . said waste is, in the normal course of the industrial process, discharged into the sanitary sewer system, may be considered a Class III Industrial User. A nondomestic user may be classified as a Class III tm++ ttlndustrial 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 waste._ This classification applies to, but is not limited to, those industrial users who are not designated as Class I or Class II ttUsers and who are required to have a + tatti .County Hazardous Waste Facility License. This Class III + +ttrtt��t +<tl tfsef Industrial User category shall also include industrial users who store or use hazardous materials, whether or not a hazardous waste is produced in the industrial or commercial process if, in the determination of the District, a potential exists for a significant impact upon the District facilities due to a release of these materials into the environment. This classification also applies to those industrial users not designated as Class I or Class II +t4t� +t }rte tt�t4 " Industrial Users who are required by statute or county regulations to have a 4tfff4ot -t 4 -f, �+Fy,Hazardous Materials Res once Plan and Inventor . A Class Industrial User shall also include all varieties of nonno domestic users for which the - gent -t.t+ pt,t v ttmem rel >tf+tliio sGeneral Pretreatment Regulations promulgated by the 4 EPA under a 40 CFR 403.8(f)(2)(iii) may require the District to provide an ifidwsmt,4 it'et Industrial User (IU) flff6tNotification regarding the applicability of RCRA requirements. —.--------Class I I I iw�,w4kt,*"Industrial Users may be individually designated by the District based on the criteria set forth above or on categorization of the user as a member of a particular business category._ Examples of business categories which may be included in the Class III Industrial User designation are: — analytical and clinical laboratories, dry cleaners and laundries, vehicle maintenance and repair facilities, printing and allied industries, photo processors, and pesticide formulators and applicators. iy , H- whie 1, .......................... . ........ ........... .....__.._..m ineffflIr at - nondo-a-k-s-tie. tes , 11 Class IV Industrial User. An non-domestic user who is not included within the definitions and parameters of Class 1, Class 11, or Class III iii(ttvitf,iai useFs.Industrial Users. ................ 9....... ..........................<.. J. Collection y.10efy-t, iiieati, itie System. The District pipelines, pump stations, manholes, and other similar facilities which accept, collect, and convey sanitary sewage to the tfle4tfflew-f4 .jreatment Plant. I. Constituent. A pollutant parameter that may be subject to monitoring or other control measures by a user, L. _Cooling Water. The water discharged from any use such as air conditioning, cooling., or refrigeration, or to which the only pollutant added is heat. ------- Discharge Prohibition. Regulatory strategy to control pollutant sources by prohibiting the discharge to the sanitary sewers stem rather than establishing numeric discharae limits. N. District ftieft w, the. The Central Contra Costa Sanitary District, 0. District Board. The Board of Directors and the Central Contra Costa Sanitary District. P District &e4�ittef Facilities. All of the i)i!itIiet,,i istricts system of collecting, conveying, and treatment including, but not limited to, the collection system and treatment plant._ This includes any publicly owned facility connected to the District's collection system which generates wastewater treated at the District treatment plant. - .................................... 1.4 ... ............. I ............. �Q. Domestic Wastewater. Domestic wastewater,-meaiis, shall mean the liquid_ and water-carried waste derived from ordinary living processes of humans of such character as to permit satisfactory disposal, without special treatment, into the public sewer by means of a private conveyance system.- The strength shall be considered to have no more than tiwee.titmicii-e,000 milligrams per liter (mg/1) BOD and suspended solids. 5 ........... ................... }....._._.___..... R. Environmental Protection Agency,,, or .EPX 1T1e-at,�11W t4nited- stale ". The U.S. Environmental Protection Agency, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency. .... ............................... 1.6.......................... �.S. General tie Manager. The General Manager of the District or his duly authorized representative. Pv -T. Hazardous - Pollutants. Any constituent; or combination of constituents, that is classified as hazardous under state or federal regulations or is included on the federal list of toxic pollutants as specified in 40 CFR Title 40 Part 403. --- �U. Holding ��. _ , . Tank Waste. Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, and vacuum -pump tank trucks. V. Industrial t:t4..,� awtttUser. Any contributor of industrial waste or wastewater. ��. W. Industrial wq4t Waste or Wastewater. All water - carried wastes and wastewater of the community, excluding domestic wastewater derived from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation._ Industrial wastewater may also include wastes of human origin similar to domestic wastewater which have been mixed with industrial wastes or wastewater prior to discharge to the bt, , District's facilities. ... .... ...... ......... ..........2.}.......... ....... � X. 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. ............................... y. Interference >'r,,; An act that harms or disrupts the facilities, processes, or operations of the District; or has an adverse effect on the quality of the effluent, sludge, air emissions, or other residuals generated by the District's facilities; or has an adverse effect on the receiving waters; or is likely to endanger life, health, or property or otherwise cause a nuisance; or results in violation of the }>},t fis t= ,District's NPDES permit or other permits; or, in the opinion of the District, otherwise adversely affects the Diqfw,"District's ability to meet the objectives of Section 10.04.010 of this {Ordinance. � ............................ } art} it> otti.}...}. rtttryzttrtet�tsty-f td ii.rd°..:rtl <.aft";..ffll�Z. Mobile Service Provider, A rson or business that provides mobile or non- stationary services to commercial or - -w - •y- -.- - -. . •. may or may not have a base of operation in the District's service area. AA. National Pretreatment Standard, Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with sv�- Section 307(b) and (c) of the Act (33 U.S.C. 1317), which applies to industrial users. C. 24., - =BB. National Pollution Discharge Elimination System, or, NPDES wit" I Permit. A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). �.5 ....... ....... ....... ..__ . New. . indt,m.,.,.rt.l...tt "er:..,. rr.r,ti tt. CC. New Industrial User. A person who has not contributed or caused to be contributed industrial waste or wastewater into District facilities from a given building, structure, facility., or installation._ A --"new source--,," as defined below, is included within the meaning of -"new industrial user =" .. - C. i7i7ct 'tl?LxtR7'C''.i- C'iTCC "it-Cr i'r, t-i�t,.`s?3iTi Yt7$x`a'CT'T'"S'o 'I''�STC—f'}i` istflet . ,. HHH'i H given DD. New Source. A building, structure, facility, or installation -.A ; .. ...... ........ ..... .. ...... ....... : ........................... ..;ti�tr � . , <�., . rr nt,,ldin -, sfrtttttfre +r,t,.iit- ot., from which there is, or may be a discharge of pollutants, construction of which began after the publication of the proposed pretreatment standards pursuant to Section 307(c) of the Clean Water Act, which will apply to the _source if the standards are promulgated, in accordance with that section provided that: "" - "+r: " =...i, 1 the source is constructed at a site at which no other source is located; .e�the source totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or ...... - .... - . ........... r 3 the production or wastewater- ®generating process of the source are substantially independent of an existing source at the same site. _In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. See also= New Industrial User and New User, supra. .... _ ...... ..._ .......... __ . _ ....................SEE. New User. A person who has not contributed or caused to be contributed waste or wastewater into District facilities from a given building, structure, facilit . or installation. A "new source," as defined below, is included within the meanin of „new user." FF. Non -Si nificant Cate orical User. An Industrial User that is subject to an established Categorical Pretreatment Standard but that never discharges more than 100 gallons per day d of categorically regulated process wastewater, and complies with the re uirements in 40CFR403.3 v 2 and 40CFR403.12 G. Notice of viotail0w, r,,etin.,+aV°iolation. A document informing the user that it has violated ttiis +tdethe District Source Control Ordinance and appropriate corrective action must be taken. - -HM. Ordinance he. The term "this or ffd4, *'- -,; or(iir,x„,t; °'Ordinance" and /or "Source Control Ordinance" and similar uses of the term shall refer to the entirety of this.titiv.Title 10 of the Central Contra Costa Sanitary District Cade, including any and all amendments thereto. 7 .... . ........ - . ........... . 44, ............................ Of )m".es 41-foli-41" fm-aft.", a 11. Pass Through or Passes Through. A discharge which exits the District wastewater system in quantities or concentrations which, a-�, alone or with discharges from other sources, shave the reasonable potential to cause a violation of the District's NPDES permit. ... . ........... .......... . .... . ......... JJ. Person, Any individual, partnership, copartnership, 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. pHm-ff �. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution. ............................... : 4-1,.- ­LL Pollutant'...ifW+i(jeY. 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 *,fiftk-v+_-twhatever nature. .......... : . ............ ..... .. .... ..... fmaw, an. An alteration of the quality of the waters of the 4 MM. Pollution!, e, 1,11tRIState by waste to a degree which unreasonably affects.-I, such waters for beneficial use-tw or (2) facilities which serve such beneficial uses or which create, a hazard to the public health. .... .... . .............. . . ...... . ---�N N. Pretreatment'.... or fneatfs.-i-beTreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to. or in lieu of discharging or otherwise introducing such pollutants into District facilities.- The reduction of of alteration can be obtained by physical, chemical, or biological processes, or process changes by other means, except as prohibited by 40 CIFIR Section 403.6(d). ............................... - ­00. Pretreatment substantive or procedural pretreatment requirement, other than a iimionfii Pretreatment Standard, applicable to industrial users. Pretreatment Standard. Any regulation of the District, sataeState, or EPA containing pollutant discharge limits or other procedural or ,,.t.tb�itttit.i.vt.substantive requirements of the user. Slug Discharge. A discharge capable of causing adverse impacts to the District, 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 t4i,w-tH,District'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 L1 _minutes or more than five &Ltimes the average twenty-four 24 hour N 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 discharge._ Batch discharges are intentional, controllable discharges that occur periodically within an industrial tvsef 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. .......... ,,:,..._............. . anYRR. Significant Industrial User (SIU). Anv industrial user classified as a Class I or Class 11 industrial user shall be a Si nificant Industrial User under the federal pretreatment standards. SS. Significant Noncompliance (SNC). Any violation of pretreatment standards or requirements which, in the opinion of the District, e,,wn. tiafleconstitutes significant noncompliance This 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 titieOrdinance. TT. Standard Industrial Classification SIC . A classification pursuant to the ai ejassi4iemiotl flidjItfalStandard Industrial Classification Manual issued by the :�txmt.i .....Offi: e_<,f Executive Office of the President, Office of Management and Budget. ­UU. State= tt .�. State of California. a�. t , rti ttt W. Storm Water. Any flow occurring during or � following any form of natural precipitation and resulting therefrom. ..._-- - ........... - - =`WW. Suspended ows' i anoix- Solids. The total suspended matterthat floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is removable by laboratory filtering. ---- aa�: .......................... 1 XX. Trap." ?tv.iisa. A cast iron or stainless steel xfitai - nemcontainment device used for trapping substances and to prevent grease, sand, or flammable liquids from entering the sewerage system. a-.,i. ° YY. Treatment , Plant. A facility owned by the District that is designed to provide treatment to wastewater. - -.. "ZZ. User.'.' . tl tris airy. Any person who contributes or causes the contribution of wastewater into District facilities. Warning Notice. o user of a condition that is either a minor violation or if left unabated would become M • Kul 19 110,16 ROOM—". ♦. • S r � M It Ong MIXII 0 • • from grease removal devices at food establishments. CCC. Wastewater. The liquid and water - carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormstorm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the District's facilities. mftweDDD. Wastewater Discharcie Permit. As set forth in Section 10. 12.040 of this titkOrdinance. ..... ............................... 9..................... ESE. Waters of the 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 4 +kt State or any portion thereof. r;2. 2 aft) 4..)14...8.1rPao.)....�.�3���� 61"1111 HIMMUMN S r•• s •` r • • t• M' M user or for sr)ecific Drocess discharges. 10.04.030 Abbreviations. The following abbreviations shall have the designated meanings: P&A4 44 K4 C( W) F'l }e} }kc;tt} trx�' ett <1 t}t tttr} i"A. i -iri'v :`Fc iiii'iiciiaii- i'�t-••,,•, c F �: -iter Nfil'li"granit, ,eta 14e} ^ili -:' ..4lflt�flfli'k'k it7fiiit�{ftrtl f:�ri%'s^s }ItE'ftlifi)fi to 0.. CFR Code of Federal Regulations COD Chemical Oxygen Demand 10 EPA Environmental Protection Agency L - Liter m - Milligrams m /L - Milligrams per Liter NOV - Notice of Violation NPDES - National Pollutant Dischar e Elimination System Sic - Standard Industrial Classification USC - United States Code TSS - Total Suspended Solids TTO - Total Toxic Organic u /L - Micrograms per Liter 10.04.040 Ministerial Issuance. The District Board has determined that the issuance of wastewater discharge permits pursuant to the provisions of this tit4eOrdinance is a ministerial act._ The District Board further finds that the act of entering into a permit contract is non - ministerial �(,�f .. . 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, sections, and chapters shall not be affected and shall continue in full force and effect. i_pe- ft- +y_ 1.9 42) 10.04.060 Conflict. -- - All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict. -(0i d 44 - �-, , � 10.04.070 Reoeal. _ Chapter 9.16 of the District Code is hereby repealed on the effective date hereof and all sections of the District Lode Ordinances or parts of t.yti ,fil:,t t��Ordinances, or the District ei)fieCode inconsistent with this titFeOrdinance are hereby repealed to the extent that they are inconsistent with the provisions of this 4tk-. Ordinance. However, nothing in a oftRw e�;vthis Ordinance enacting this Title is intended to repeal, extinguish, suspend, or allow to elapse any obligation or requiripment set forth in existing permits or allow to elapse any obligation to pay fees then due under the prior ordinances. 4On- 4.....I..i3::>4- Pori) 1492.:; 11 Chapter 10.08 REGULATIONS Sections: 10.08.010 Permissibler4Dischares. 10.08.020 General <tisfi af—ge, piohtibtifio"Discharge Prohibition. 10.08.030 Prohibited e €+e(sEffects. 10.08.040 Prohibited Substances or e+�t Characteristics. 10.08.050 Prohibited ozYrDischar e Location. 10.08.060 National t�retrevtm ontstartjar<iwPretreatment Standards. 10.08.070 Specific rollitwfil: Pollutant Limitations. 10.08.080 State and f�� ---- Ye+A,,Fedral Requirements and 4( &Standards. 10.08.090 rit+t_District's Right of rews.iot,Revision. 10.08.100 Excessive < +� t,Discharq. 10.08.110 Slup �rDischar 10.08.120 Hazardous ww,(t Waste Dischar es. 10.08.010 Permissible 4Dishar. - - -- 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 titieOrdinance 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 titiv. 199?)Ordinance. 10.08.020 General , try i+i�Dischar e Prohibition. ............ No user shall contribute. n_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 i4isi r+ , District's facilities._ This prohibition includes any type of pollutant or wastewater as set forth in the prohibition sections of this t-trt -. Ordinance. These general prohibitions apply to all users of the Distri t °;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 demonstrate: - - - -- - -, - that the user did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would result in a violation of this tilleOrdinance, including a prohibited effect or 12 prohibited characteristic; - -- ° and 2 the user was in compliance with the existing limits for each pollutant in its discharge that resulted in a violation, or: if there were no such existing limits, the discharge directly before and during the violation did not change substantially from the ��user's prior discharges which occurred when the District remained in compliance with its NPDES permit and with applicable requirements for sewage sludge use or disposal. ¢; 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;. 1- .111 .1- 1.- - - - -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 -S p ant's effluent or any other product of the treatment plant such as residues, sludge, ash, or scum, to be unsuitable for ft-e� recla- mation and reuse. In no case shall substances discharged Ito the District facilities cause the plant to be in noncompliance with sludge use or disposal criteria, guidelines, or regulations. 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 sufficient to prevent normal entry into the sewers or other District facilities for maintenance and repair:. .............J. Objectionable coloration or other condition in the quality of the fit District's treatment plant influent which interferes with or passes through: the 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 13 other pollutants to the environment when such release is to a publicly owned sanitary sewer ... —L. Any alteration or change of the 1 District's NPDES permit or any additional regulatory supervision, intervention, or oversight of the .J- ),knit sDistrict'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 operations to significantly increased potential liability. t ;> { : is � {- ttr-O, 10.08.040 Prohibited : Substances or Characteristics. -- - - - - -A user shall not discharge, or cause to be discharged, directly or indirectly to a District facility any of the following: ..... . .................... .-__A. Any liquids, solids, or gases which by reason of their nature or quantity are, or may be, sufficient; either alone or by interaction with other substances: to cause fire or damage to District facilities or to 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 �. tt,iiflash point of less than one hundred forty degrees LIAO, Fahrenheit or sixty degrees (60 °Centigrade using the test method specified in 40 CFR Part 261.21._ Also, at no time shall two LaLsuccessive 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 5f /o nor any single reading over ten percent (-)+ the Q°.) of the Lower Explosive Limit (LEL) of the meter._ The meter shall be properly calibrated in accordance with the manufacturer's instructions using pentane as the calibration standard._ The materials which may be prohibited; if they cause explosive or fire dangers as defined herein include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, or any other substance which is a fire or explosion hazard:, 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, nonbiodegradable cutting or machine oils, products of mineral origin, mud, cement; grout, glass, grinding or polishing wastes, grease, garbage with particles greater than one - half inch ' (112" in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or feshings, entrails, or whole blood;® 14 -- C. Any wastewater having a pH less than 5.5 or equal to or greater than +x-11.5, 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 tttwState, or to exceed the limitations set forth in a national pretreatment standard:. ------- - - - -I- 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 wastewater which causes the temperature at the introduction into the treatment plant to exceed forty degrees aew.i fa to (40°) Centigrade (one hundred four degrees 104° Fahrenheit) or with a temperature at the point of discharge itito the 1NtI,- District`s collection system which exceeds sixty -five degrees t! 6 °�igrad� (one hundred fifty degrees 150 2 Fahrenheit -�) - - F. Any pollutants, including oxygen - _demanding pollutants (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 cf) fig,,:titititit;ticoncentrations or quantities of pollutants that exceed for any time period longer than fifteen 15 minutes, more than five L5Ltimes the average twenty -four 24 hour concentration, quantities, or flow during normal operation:, -G. 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.® H._ Any noxious or malodorous liquids, gases, or solids;. -I. Any wastewater containing any radioactive wastes or isotopes exceeding any limits set forth in 1..7_.;st,t'H, -iEax87;10 CFR 20.2003. ......... . ........ .........J. Any s- to,�, -tstorm water, groundwater, rain - water, street drainage, subsurface drainage, yard drainage, diatomaceous earth filter backwash, or swimming pool drainage, unless a specific permit is issued by the District._ 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 Ito the sewer:® K. Any unpolluted water, including but not limited to; cooling water, process water or blow -down _from 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 ... 15 L. Any septic tank waste, holding tank waste, portable toilet waste, grease interceptor waste, or oil and sand interceptor waste, unless a permit is issued by the District,, or unless such sludge or waste is transported to the District by a permitted waste hauler in accordance with the regulations set forth in Chapter 10.28 of this titte- ordinance. M. 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-... N. 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.4 ..ti }-- e... {1.. .... ....r).� 44.... .............. -.P.. 4 -7 i t: f ........t � ...� .............. ................................ ......................................................................................................... ...................... ......._........_......._...... _.............. . ................................................... P. The following constituents are subject to a discharge prohibition standard in lieu of setting numeric discharge limits, The presence of these constituents documented through approved analytical methods shall be a violation of this section and be subject to corrective actions bv the user to control the dischar e of the constituent resent. Wastewater discharge permits may establish dischar e rohibition s for constituents not included in this section forspecific Industrial Users. a. Cyanide for unpermitted users b. Dioxin compounds c. Poi chlorinated Bi hen Is PCBs d. Tribut l�r_tin (TBT) e. Dieldrin f. 4443 -DDE g. Perch loroeth lene wastes and wastewaters from dry cleaner o erations No user shall discharge any wastewater directly into a manhole or other opening ins or connecting to, the District sewage system other than through sewer laterals or other sewer connection 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 16 is otherwise in compliance with provisions of this ti�ieOrdinance and no other alternative is reasonably available in the opinion of the District. , 92) All industrial users waste haulers and mobile service providers shall maintain complete and accurate records documenting proper disposal of wastes, hazardous waste, and wastewater that is generated in the District's service area and transported from the original site of generation for disposal. The minimum documentation re uired shall include: A. The location where the waste hazardous waste or wastewater was generated; fi '' • I ROME . " M 'N • i' i w . . •A FUMMAN D. Name, location, and phone number of the facility where the waste, hazardous waste, or wastewater was disposed. 10.08.060 National Pretreatment Standards. —The National Categorical Pretreatment Standards, as set forth in 40 CFR Chapter I, Subchapter N, Parts 405 -471, are hereby incorporated by this reference into Title 10 of the Code of the Central Contra Costa Sanitary District._ The General Manager shall notify all affected users of the applicable reporting requirements under : , Section 10.12.0501 -.B4. and 10.12.050�,C• 4 .of the Ordinance. However, if the standards otherwise imposed under this tiit Ordinance are more stringent than the National Categorical Pretreatment Standards, the more stringent standards shall apply.�a }.cy. 2 4 10.08.070 Specific Pollutant Limitations. No user shall discharge wastewater to a District facility which exhibits any characteristic hia, --+s 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 44it-­, "ordinance" as used elsewhere within this s+utee eofi+flol. lifle, Source Control Ordinance, shall be read to include the specific pollutant limitations as may be set forth by 17 10.08.080 State and 4�tjefkti Fed era I Requirements and ,oawjttf& ,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 tilt 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 tif4eOrdinance and are promulgated subsequent to the adoption of this 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 of this...+ -ie, t�3� +;..:1..8 >_(- paf.t.�. E�)( ;2 the Ordinance. 1i: 1.1 District's Right of 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 tit-le.-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. 10.08.100 Excessive (ti4ei,-F�fgeDischarge. No user shall ever increase the use of process water; or, in any way,, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national pretreatment standards, or in any other pollutant- specific limitation developed by the District or to State. An increase in the use of process water which is reasonably proportional to increased production and which is required for said increase in production, will not be considered an excessive discharge hereunder. {E: ?1d,....4914 ..}..c }92,_} 10.08.110 Slug urDischar es. A. All users shall be prohibited from allowing slug discharges, as elsewhere defined herein, from entering the t:)+,if io2,District's sewerage system. B. Each user shall provide protection from slug discharges of restricted materials or other substances regulated by this Ordinance. No user who commences contribution to the sewerage system after the effective date of o,e ii{ this iitk- Ordinance shall be permitted to introduce pollutants into the system until the need for slug discharge control plans or procedures has been evaluated by the District._ Facilities to prevent slug discharges of restricted materials shall be provided and maintained at the rt, ff ,user's own cost and expense. 18 _ ....... _ .................. _...C. Certain users will be required to prepare �,itig awl tSlu Discharge Prevention and Contin ency Plans (SDPC) containing at least zl� the following information: batch discharges;® A description of the discharge practices including nonroutine 2. A description of stored chemicals 3. The procedures for promptly notifying the District of slug discharges, including any discharge that would violate a specific discharge prohibition with procedures for follow-up written notification within five hdays;_ 4. If required by the District, procedures to prevent adverse impact from accidental spills including maintenance and inspection of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run -off, worker training, building or containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and /or measures or equipment for emergency responw. .........5. If required by the District, follow -up practices to limit the damage suffered by the treatment plant or the environment. These plans shall be submitted to the District for review and approval._ All users required to have SDPC plans shall submit such a plan within three amonths and complete implementation within six,&Imonths of notice regarding the requirements of such plan._ Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the useF 4user's facility as necessary to meet the tvqtt - . re_eauirements of this Ordinance. ........... ... ................. D. In the case of a slug discharge, it is the responsibility of the user to immediately notify the District of the incident._ The notification shall include location of the discharge, type of waste, concentration and volume and corrective action._ The user shall provide the District with a detailed, written report of this incident in a manner and within the time frame as elsewhere provided in this titieOrdinance. - E. A notice shall be permanently posted on the usersuser's premises advising the employees wiimwhom to call in the event of a slug discharge._ The user shall ensure that all employees who may cause-. or allow such slug discharge to occur, are advised of the emergency notification procedure. .......... . ............ _ . F. Each user who violates any of the requirements of the slug discharge program, or allows a slug discharge to occur, shall be subject to the enforcement provisions of this Ordinance. 10.08.120 Hazardous veaste disehfti' Waste Discharcies. 19 - - -All industrial users shall notify the District, the EPA fegi ot -ta - VW'le 111ftfifi "Hwot d4vis- Re Tonal Waste Management Division Director, and state hazardous waste authorities in writing, of any discharge to the � i4, District's facilities of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261 or as otherwise defined by state statute or regulation. ---- -Such notification must include the name of the hazardous waste, the EPA hazardous waste number, and the type of +i discharge (continuous, batch, or other)._ If the industrial user discharges more than ttnv; timi(trec:l100 kilograms of such waste per calendar month to the t)-*i� +,7iev,District`s facilities, the notification shall also contain the following information, if known: _(1) an identification of the hazardous waste constituents contained in the waste; (2) an estimation of the mass and concentration of such constituents in the wa,tewaste stream discharged during that calendar month; and (3) an estimation of the mass constituents in the teastewaste stream expected to be discharged during the following twelve 12 months. For existing industrial users, the above - delineated notification must be made by February 19, 1991 or pursuant to existing federal regulations._ Industrial users who commence discharging after that date, shall provide notification prior to obtaining a discharge permit. -In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume of toxicity of hazardous waste generated to the degree it has determined to be economically practical. Nothing contained in this section of the Ordinance is intended to modify the prohibitions set forth in Section 10.08.040.N. Industrial Users can employ Best Management Practices BPs to effective) control the discharge of pollutants to the District's facilities. The District ma establish BMPs for specific industrial users through condition(s) in the permit or permit contract The District may establish BMPs for a business activity that would apply to entire groups of businesses such as vehicle service facilities or food service facilities. BMPs for business activities will be communicated to the affected industrial users through informational materials distributed during inspections, direct mailing or the District's website Industrial users shall be res onsible for comolvina with the business activity BMPs after bein informed by the District of their applicability to the industrial users operations. Industrial Users sub`ect to BMPs as a means of com I in with the standards of this Ordinance shall maintain documentation to demonstrate compliance with the applicable BMP standards 20 Chapter 10.12 ADMINISTRATION Sections: 10.12.010 Wastewater ,a,,;Dischares 10.12.020 Responsibilitv of ,<f-Users. 10.12.030 Classes offUsers. 10.12.040 Wastewater Discharge Permit. 10.12.050 Reporting frf+,Re uirements for Permittee and Contract Permittee. 10.12.060 Monitoring. 10.12.070 Signatory FeCi,ifelftHt'iRe uirements. 10.12.080 Rights of eff"Entrv. 10.12.090 Pretreatment. 10.12.100 Publication of ,, .. .....Users in tiof1,;E,f,tf4ifiticeSignificant Noncom lince. 10.12.110 Records „Retention. 10.12.120 Confidential it}ft+rfr f,fir,,Information. 10.12.010 Wastewater ;4i:Discharges. It shall be unlawful to discharge without a District permit; or permit contract: to any District facility any wastewater except as is authorized by the provisions of this tN„=t.3.,_Ii)4,. }Ordinance. 10.12.020 Responsibility of tf,er- Users. ... ... .- It shall be the responsibility of the user and /or discharger to comply with all of the provisions of this 6t4i-- Source Control Ordinance. I The omission to act by the District and /or the failure of the District to take cognizance of the nature of the operation of the user and /or the properties of the ffser�user's wastewater, shall not relieve the user of responsibility to comply with the conditions of this t4 +k- Ordinance, including, but not limited to, such requirements regarding permitting, t4i,- pretreatment, monitoring, and reporting._ It shall be the responsibility of the user to make determinations as to the nature of its operation and wastewater flow and to take such actions as may be required under this ftfk-Ordinance prior to any discharge of wastewater, whether or not the user has been informed by the District of the requirements which may apply to the user regarding its discharge. - All industrial users who meet the definition of Class I or II and who are currently connected or contribute to the .i,= =� -- District's facilities, or who propose to connect or contribute to the District facilities, shall make application for a wastewater discharge permit._ This application shall be made before connecting to or contributing to the 'facilities, or within ninety L9O days after the enactment ofr<<�rrffifkf }�_ 21 t:i,difietj iii this t4tie Ordinance in the event the user is currently connected and not currently permitted._ All existing industrial users connected to or contributing to the District's facilities and having a current wastewater discharge permit shall be required to obtain a new permit or permit contract upon the expiration of their existing permit. All Class III Users maybe required to receive a permit in order to connect to the District facilities or to continue to discharge to District facilities._ At such time as the District undertakes such a program to permit Class III +Users, existing Class III t, -s<tsUsers will be required to apply for a permit within ninety J901days of notice to said users by personal service, mail, or publication._ Thereafter it shall be the responsibility of all Class III tUsers prior to connection to obtain a permit. Industrial User per mit ma be issued to mobile service roviders that o erate in the District's service area in order to ensure that the wastewater enerated is mane ed and discharged in compliance with this Ordinance and applicable state and federal re uirements. The classification of the mobile service ravider will be determined b evaluating the uantit and unlit of the wastewater disc ar ed. 10.12.030 Classes of ttset- s-Users. The District will classify all users in accordance with the principal activity conducted on the premises where the discharge occurs._ The purpose of the classification is to facilitate regulation of discharges to District facilities on the basis of each t 'suser`s waste quality, quantity, and flow._ The classification shall further provide a means of imposing an appropriate level of oversight, control, and enforcement according to the source of the discharge._ The classification system will also allow equitable recovery of District capital and operating costs for the ofty -ek�f - Source Control Program. As set forth in the Definition section of this Litt Ordinance, there are two 2Lcategories of users =; to wit, domestic users and industrial users._ Industrial users are categorized as Class I, ll, III, or IV. All users are subject to the prohibitions set forth in this Ordinance, with such federal and state statutes and regulations as may apply, and the specific pollutant limitations as may be promulgated by the District Board either by ordinance or resolution. Domestic users under normal circumstances will not be required to apply for or receive a wastewater discharge permit as defined in this Ordinance, providing that said domestic user discharges only that wastewater which is consistent with the definition of domestic wastewater set forth herein. Industrial users may be subject to wastewater discharge permit requirements depending on the volume, characteristics, and origin of their wastewater discharge. Industrial users may be required to supply such information and data concerning their processes, including discharge samples and wastes generated, 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, and storage and use of hazardous 22 substances, as may be reasonably necessary to make such determination as to the classification of said user and whether a wastewater dischar e ermit is needed. 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 fuser's operations discharge to a District facility. The determination by the District regarding the EE:,r4Y,,t + < >+desi nation of an industrial user as a Class I ese User may be based on the unusual character 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 ++,i, titiethe 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 designation of an industrial user as a Class II tt,etUser 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 standards, or whether it has in its untreated wastewater pollutants which are in excess of any pretreatment standard or requirement, including any pretreatment standard or requirement identified in this tOrdinance or local limit set by 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 strict's ability to meet the objectives of this otteOrdinance. A determination by the District regarding the designation of an industrial user as a Class III =User may be based f on the standards set forth t� in the definition of a Class III im,.iuoifti usei Industrial User in this t{i4 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 .i .)i,+fif�t,District's facilities. Non - Significant Categorical Users shall be classified as Class III Industrial Users and shall operate under a Class III IU Permit. - -- - - - -- . A Class IV itldttstfiat.tts.efIndustrial User shall include all industrial users who are not determined by the District to be Class I, II, or III imit<ts46xt4 tt,wf,.lndustrial Users. Class IV -:Industrial Users shall be subject to the requirements of this Ordinance; however, they will not be required to obtain i t it a wastewater discharge permit 23 unless or until such time as they are reclassified as a Class I, II, or I II it -hiuit ffwt-+. � - Industrial User, 10.12.040 Wastewater (.}xse ltfff1x� f vi-ii it Disc ha roe 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 HWNUsers (except those with current permits) shall apply for a wastewater discharge permit within ninety f2adays following the effective date of this t4tk- Ordinance, and new users shall apply at least thirty LqO days prior to connecting to or contributing to the t; )i4t it:,+,,,District's facilities._ In support of the application, the user may be required to submit, in units and terms appropriate for evaluation, some or all of the following information:, but will: in all cases: be required to submit items 16 and 17 =. .............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.- _-- . ,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-L151 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 appurtenances by the size, location, and elevation;. 7. Description of activities, facilities, and plant processes on the premises including all materials which are, or could bei discharged, 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 pollutants in the discharge which are limited by a d� District or state State pretreatment standard or requirement or by a national pretreatment standard, or which are otherwise requested by the District. 24 Pollutant data shall be provided for each regulated process stream._ In the case of an existing user, a statement regarding whether or not the pretreatment standards and requirements are being met on a consistent basis and if not, whether additional operation and maintenance (O &M) and /or additional pretreatment is required for the user to meet applicable pretreatment standards and requirements;. If sample data submitted with a permit application document a discharge limit violation the condition will be sub'ect to citation with a Notice of Violation. .... _. .............................9. The nature and concentration of any pollutants in the discharge which are limited by state or federal standards concerning the release or discharge of any hazardous substance or waste;. -10. If additional pretreatment housekeeping, process changes,, and /or operations will be required to meet the pretreatment standards and requirements; the shortest schedule by which the user 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 increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc-)�J -b. Not later than fourteen L141days 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 increment 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 production;. 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 of the District or to the environment if released:. 13. Number, type, and volume /amount of hazardous substances stored on the premises and a description of the variety of the method of storage and /or the containment device for such substances, provided such substances are present in quantities sufficient to cause harm to the operations of the District or to the environment if released.. 25 14. A description of the spill protection and emergency response procedures used or proposed to be used at the facility;. 15. Number and classification of employees, hours of operation of plant, and proposed or actual hours of operation of pretreatment system:. ........ ............................16. A signed statement of the authorized representative of the industrial user applicant that the information presented in the permit application is true and accurate to the best of the -authorized re resentative's knowledge, and that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional operation and maintenance (Oar & M) and /or additional pretreatment is required for the applicant to meet such standards and requirements:. 17. A signed certification of a qualified professional that the applicant is or upon connection will be in compliance with applicable pretreatment standards and requirements on a consistent basis and if not, whether additional 0& & M and /or pretreatment is required for the applicant to meet such standards and /or requirements:. ............. 18. Any other information as may be deemed by the District to be necessary to evaluate the permit application. -- - - - -B. Permit Application Evaluation. All new industrial users shall arrange for a District representative to conduct a walk- through site inspection of the tv- suser's facilities during the ninety-_(20 day period prior to connecting or contributing waste or wastewater to the w+t+',District's facilities._ New industrial users shall submit to the District, within ninety LqO days after commencement of discharge to the i�istfi *sDistrict'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 of 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 ilia "tfifil -t, "e Industrial User, the District shall issue a wastewater discharge permit subject to the terms and conditions provided in this tit:+ :Ordinance. If the District determines that the user is a Class I wetUser, the District will promulgate a wastewater discharge permit contract subject to the terms and conditions provided in this tit-k-Ordinance. C. Permit Conditions. Permits may contain provisions, requirements and standards appropriate to carry out the objectives of this ti4.4eOrdinance, including but not limited to, the following: 26 -- - -- -. - - - -1. The unit charge or schedule of user charges and fees for the wastewater to be discharged to the District's facilities.. 2. Limits on the average and maximum wastewater constituents and characteristics._ These limits may be based on pollutant 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;, -4. Requirements for installation and maintenance of sampling and flow metering facilities,- 5. Requirements for monitoring programs which may include flow metering, sampling locations, methods of sampling, frequency of sampling, number, types, and standards for tests and reporting scheduler - 6. Compliance schedules._ 7. Requirements for submission of technical reports or periodic compliance reports:. 8. Requirements for maintaining and retaining plant records relating to wastewater discharge, a A- hazardous waste manifests, and as specified by the District: and chemical inventories, _ ____ -9. Requirements for notification of the District of any new introduction of pollutants or any change in plant processes or in the volume or character of the wastewater constituents being introduced into District facilities;® 10. Requirements for notification of slug or accidental discharges, including discharge limit violations, or upset of the pretreatment facility-..V --- .. . ........... 11. Requirements for providing the District with design and construction plans and specifications of the wastewater pretreatment facility whether proposed or in existence;. 12. Requirements for providing the District with plans and specifications of the (if titi,.tt. tf= dischar er's industrial or commercial operation and /or processes, including such other information as the District may reasonably request that pertains to the industrial mouser's operation:. 13. Requirements for notification of any planned alteration of the proposed or existing wastewater pretreatment system;. ...............14. Requirements for the notification of the District of planned alterations of the operations processes of the industrial user, which could result in an 27 alteration of the tts. ,. � -users process discharge or the potential for an accidental spill or slug discharge:, ___1 5. Requirements prohibiting bypass of the wastewater pretreatment facility, unless bypass is essential for maintenance, or unavoidable to prevent loss of life, injury, or severe property damage:, 16. Requirement4 that the discharger notify the District prior to any proposed bypass other than due to accident or emergency:, 17. Requirements to have emergency spill plans on file with the District:. 18. Requirements to certify that the industrial user has not, discharged through a District facility hazardous substances without a permit, "tlhstanftes thf'otf0l -aa 14i Itie which substances have been stored or used in the ttt °user's process and which the user contends will not, in the ordinary course of the mouser's operation, enter the sewer system;- Requirements for re- sampling following a discharge violation and the submittal of reports explaining the cause of the violation and the steps that have been or will be taken to prevent a reutrrfet- wereoccurrence of the violation 20. Requirements for providing access to District personnel at all reasonable times to conduct sampling and /or inspection of any and all processes which can contribute to the watstewaste stream, including the actual wastewater discharge;. .. .......... _ 21. Requirements for providing the District with operation and maintenance records for the wastewater pretreatment facility, including periodic updates, as appropriate:. .....................22. The prohibition of dilution as partial or complete substitute for adequate treatment to achieve compliance with permit conditions:. 23. Signatory requirements specifying the responsible corporate officer for the industrial user:. 24. Other conditions as deemed appropriate by the District to ensure compliance with this i -itie Ordinance. 25. Ys. - Technical provisions or requirements related to the wastewater pretreatment facility which, in the opinion of the District, may be necessary to ensure 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. 28 in M . M.. it - 0 27. Identification of the wastes and wastewater that are subject to a discharge prohibition standard. D. Permits Duration. Permits shall be issued for a specified time period, not to exceed five S 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 be responsible to apply for permit reissuance a minimum of ninety LaO days prior to the expiration of the tip= -,:user's existing permit. The District may initiate permit reissuance prior to receiving an application from the user based on communications between the user and the District. 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 LaOLdays prior to the effective date of change._ Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. -11....... .... .. .E. Wastewater Discharge Permit Contract. The District shall require Class I Industrial Users to enter into a wastewater discharge permit contract n�for connecting to or contributing wastewater to District facilities._ The wastewater discharge permit contract shall incorporate the provisions of this ti6-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 set forth in Section 10. 1 2.04&L't. 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 prohibitions 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 insurance, 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 t,'user's discharge. -- - - - -3. Provisions for termination of the permit contract and wastewater sewer service for violation of this titie )rdinance or other wastewater permit contract conditions. 29 . .. .......... 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. When a new of *ionr t - mttw4at:tf National Categorical Pretreatment Standard is promulgated, the wastewater discharge permit or permit contract of users subject to such standard shall be revised to require compliance with such standard within the time for compliance prescribed by such standard or within ninety LaOLdays, whichever is shorter._ However, when the time for compliance prescribed by such standard is longer than ninety LLOLdays, the users subject to such standard may apply to the General Manager or his designee for an extended time for compliance in a wastewater discharge permit or permit contract._ The General Manager or his designee may grant such an extension up to the time for compliance set forth in the tia tt w 4 , pfetrettiffX -f,+ sfat National Categorical Pretreatment Standards. Where a user, subject to a national pretreatment standard, has not previously submitted an application for a wastewater discharge permit as required by Section 10.1 2.050(c),13. of this tttteOrdinance, 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 etlerztt lffe�reatt,,t :�.tffff�ft „ffttfederal pretreatment standard the information required by Section 10.12.040t.A). - ---In the event the District determines that it is necessary, in order to comply with the objectives oft,t;- sttx: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 permit 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 limitations and requirements. ... _After consultations with the user, a zomplia--ff,tt issu'."d toCompliance 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 eofnViifi e st- het -fole ag-feeffteti,tCompliance Schedule Agreement will provide for up to one hundred eighty LlaOLdays to comply; however, this period may be extended for a period not to exceed an additional one hundred eighty L13OLdays upon determination by the General Managerlhief En ineer 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 4t4,,Ordinance for noncompliance with the more stringent standards or requirements during the period of the et,ffx,.piianct, sti,tttt,te -ti, fee ,- ,t•,,tCompliance 30 Schedule Agreement; provided. that the user is also complying with the terms of she said Compliance Schedule Agreement. G. Permit and Contract Transfer. Wastewater discharge permits and wastewater discharge permit contracts are issued to a specific user for a specific operation._ A wastewater discharge permit shall not be reassigned ,or transferred ,ior sold to a new owner, new user, different premises, ffor 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 t; eC}rdinance, including enforcement penalties, from applying to a succeeding owner, successor in interest, or other assigns of an existing contract of permit holder. ;« 10.12.050 Reporting�Re uirements. - - - - -- A. Notification of Slug Load or Accidental t-,-,o f eDischarge or Accidental Spill. It is the responsibility of all industrial users to immediately telephone and notify the District of any slug load or accidental discharge as defined in Section 10.08.040f_F4. of this tjtte.Ordinance. Notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Written Notice. Within five tadays following the accidental 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 tk�Qrdinance or other applicable law. 2. Notice to Employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees '000f 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. B. Prior Notification of Change in Volume or Character of Wastewater. All users shall promptly notify the District in writing (except in emergencies where telephone notification is acceptable), prior to: 1. - -- ,,v� any new or increased discharge or any change in nature of their discharge which discharge does not meet 31 _pretreatment standards or requirements or has the reasonable potential to cause the District to violate its NPDES permit or to cause problems to the District wastewater system; and 12. At,,,.. any substantial change in volume or character of pollutants in their discharge, including listed or characteristic hazardous wastes. C. Baseline Report. All Class I and 11 t Industrial users subject to National Categorical Pretreatment Standards, shall submit to the District a baseline report within one hundred and eighty LlgO days of the effective date of a National Categorical Pretreatment Standard or one hundred and eighty LLqO days after final decision on a category determination by EPA or the state Late, 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 rcpt- tBaseline Report, the user shall so state. D. Compliance Report. Within ninety 0 days following the date for final compliance with applicable pretreatment standards or requirements or, in the case of a new user, following commencement of the introduction of wastewater into District facilities, any user subject to pretreatment standards afifior requirements shall submit to the District a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements, the average and maximum daily flow for these process units, and the actual average production rate for these process units._ The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operational and maintenance changes and /or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements._ This statement shall be signed by an authorized representative of the industrial user. and a certified qualified professional._ Filing of this compliance report cannot relieve the user of any fines, civil penalties, or other liability which may be imposed by this Ordinance or other applicable law. or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard. E. 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 itit$tt�tfi.rt{ ttse.r�Industrial Users may be required to submit periodic compliance reports depending on the nature of their discharge._ Periodic compliance reports :+shall be submitted within forty - +five 45 days of collection of the wastewater samples - or by the due dates ecified in the ermit. The compliance report shall contain such information as 32 may be deemed by the District to be necessary to ensure compliance with the provisions of this Ordinance. Compliance reports shall, at a minimum, contain the following: a. The nature and concentration of pollutants which are limited by pretreatment standards or requirements or which are specified in the permit or permit contract for each regulated wtj�,,:waste stream. b. A record of average daily flow for the reporting period for each regulated ww :waste stream. ..................... _....._.c. Such other wastewater effluent data as the user has obtained since the last compliance report, whether or not that data is specifically required by the mouser's permit or permit contract -d. Methods utilized by the user in collecting the wastewater sample for analysis, including but not limited to; the sampling device(s) used, the sampling period, the amount of each sample collected, sample handling and preservation techniques used, and date of sample delivery to the laboratory for analysis. e. In the event a sample from a periodic compliance report indicates that a constituent is in violation of the allowable concentration levels as set forth in the ttsi -- fuser's permit or permit contract, the user shalLinform the District within the next business day, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within thirty 30 days of the discovery of the first violation._ The initial sampling and analysis report shall be submitted within forty - five L45 days of the initial sampling date with a cover report setting forth the causes of the violation, the remedial actions taken to date in regard to the violation, and the scheduled additional actions which will be implemented to prevent a feetffft� reoccurrence. .. .................... 2. The District may also at any time require a signed statement by the user setting forth management practices and /or material usage practices which have an effect on the nature, volume, and quality of the wastewater discharge and /or which potentially will affect the ability to comply with pretreatment standards requirements. 3. The District may impose mass limitations on users where the imposition of mass limitations are appropriate._ In such cases, the report required under subparagraph (a) above shall indicate the mass of pollutants regulated by pretreatment standards or requirements in the effluent of the user._ These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration, and mass of pollutants regulated by the applicable pretreatment standard or requirement._ The user shall provide the actual average production rate of the regulated processes during the reporting period. 10.12.060 Monitorin - -- A. Monitoring Requirements. 33 Any user may be required to provide wastewater sampling and /or monitoring results: or to submit to monitoring by the District to assist the District in establishing the appropriate (4 class of the user and /or to evaluate compliance with the standards and requirements of this titieOrdinance. ........ _ .... ---- .........1. Classification Sampling._ All industrial users may be required to sample and analyze their wwoewaste stream(s) to determine the appropriate class of the user._ Classification sampling shall be at the Di 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 iisefs ., users' wastewater discharge(s). 2. Baseline Sampling._ All Class I and II industrial users shall sample and analyze their regulated waste- _stream(s) as part of a permit application or modification of a permit as specified in Sections 10.12.040t.Aa. and 10.12.040�.F }. of this titie:Ordinance. In addition, all Class I and II ustisIndustrial Users required to submit baseline reports, as specified in Section 10.12.050".B. of this i4.k- Ordinance, shall sample and analyze their regulated waste stream(s) in accordance with the requirements of 40 CFR 403.12(b)._ Samples shall be analyzed for constituents or characteristics including, but not limited to, those mentioned in e::i Vte Section 10.08 of this tit►e.Ordinance and /or in applicable state pretreatment standards or requirements or national pretreatment standards or as otherwise required by the District. - - ........... -3. Initial Compliance Sampling._ All Class I and II iwit.,ttrio l,l,erlindustrial Users shall sample and analyze their regulated . ,A<rewaste stream(s) for the compliance report as specified in Section 10.12.050f.C3. of this +ttc-.Ordinance. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or requirement or as otherwise required by the District. 4. 111.1 ------- - - - - -4 , -- Periodic Compliance Sampling._ All Class I and II Industrial Users shall sample and analyze their regulated waste stream(s) to evaluate compliance with the mouser's permit or permit contract._ Periodic compliance monitoring shall be conducted at least twice each year unless specified more frequently in the usef'suser's permit or permit contract or in the applicable nazi Rat National Categorical Pretreatment Standard. Less fre uent self-monitoring can be established in the user's permit or permit contract as allowed in 40CFR403.12 e . If required, Class III Industrial Users shall sam le and analyze their regulated waste stream(s) to evaluate compliance with the user's permit. Samples shall be analyzed for those pollutants regulated in the applicable pretreatment standard or requirement or as otherwise required by the District. Categorical Industrial Users may request to for o monitorina for constituents with a Cate orical _Pretreatment Standard provided that the requirements of 40 CFR 403.12()(2 ) are met. For Industrial Users not subiect to Cate orical Pretreatment Standards the District shall spech the constituents to be monitored in the user's permit or permit contract which may exclude parameters with a Local Discharcie Limit that are not expected to be present in the process discharge at levels of concern, and may include constituents that do not have a 34 Local Discharge Limit established. The District may allow Industrial Users to use an roved Total Toxic Organic TTO Mana ement Plan to establish operational procedures to control discharges of TTO constituents so that monitoring for TTO compounds is not required in a user's self - monitoring program, - ....... _. ...... . ....... 5. Confirmation Sampling._ Whenever sampling results indicate that the mouser's regulated wa,,wwaste stream(s) is in violation of any pretreatment standard or requirement, the user shall collect a second sample 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 QQLdays 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 -sani iim- afif -i- evaittati< >R ref < >efaf ."Sam lino and Evaluation Program (SEP). The SEP will be conducted by the District and may include collection of from three Q�_to five samples._ The SEP will establish whether there is continued noncompliance by the user._ Samples collected during the SEP may be analyzed for other pollutants in addition to the pollutant(s) in violation. Other Compliance Sampling._ All Class I, IIa rrt��► t,z 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 eniof efwliE of- ttpiiatl esehe ttl <ag,>lef.iiemEnforcement 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 titieOrdinance or the i,ief 4user'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 r,i-o -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 split 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 tirieOrdinance shall be undertaken in the manner set forth herein._ Except as otherwise provided in this section or as otherwise agreed in writing by the District, samples for pH, cyanide, sulfide, phenols, oil and grease, and volatile organics shall consist of grab samples._ A minimum of four 4) grab samples shall be taken for the referenced constituents throughout the entire process discharge period._ The grab samples for each of the referenced constituents shall be individually preserved and kept separate, and shall be subsequently composited by the testing laboratory prior to analysis. For all other pollutants, composite samples shall be taken atthrough flow proportional composite sampling techniques or time proportional composite sampling as specified in the 35 permit or permit contract, unless the permit or permit contract specifically authorizes alternative grab or composite grab techni ues. Time-proportional composite sampling shall occur with a sa[nplinafrequency of at least one sample each half -hour throughout the entire process discharge period, or a twenty -four 24Lhour period as required by the District._ Each regulated w- astewaste stream shall be sampled and analyzed separately unless the °user's permit or permit contract allows for sampling and analyzing the combined wtewate streams. The methods of obtaining the sample shall be specified by the District in the osey suser'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 censure compliance with this titit ordinance. . ...... ... ...... .............. C. Analytical Procedures. All samples shall be pre - served and analyzed in accordance with the procedures for the anal sis of water /wastewater 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 in writing, all analyses shall be performed by a laboratory(s) certified by the oateState 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. _1.1..11............. -- -3. The dates analyses were performed. 4. Chain of custody of sample. 5. Who performed the analyses. ........................6. The analytical tech niques /_methods used. 7. The results of such analyses. E. Monitoring Facilities. The District may require to be ravided and o erated at the user "s own ex ense monitoring facilities to allow inspection, sampling, and flow measurement of regulated discharge to he pfovided an(:#...opelated 4 ....{he ....t +���:. >.�...<���, �����ti�:� The monitoring facility shall be accessible to District staff at all times and should normally be situated on the mouser's 36 premises, but the District may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. .... ............ There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis._ The facility, sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. _-...........Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the District requirements and all applicable local construction standards and specifications. (ofd, 10.12.070 Signatory ttifenwnisRequirem nts. All applications, and reports from all Industrial Users and other information submitted to the District from Si nificant Industrial Users to document compliance with the permit, permit contract or this Ordinance must contain the following certification statement: "I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision and in accordance with the system designed to in ofeensure that qualified personnel properly gather and evaluate the information submitted._ Based on my inquiry of the person(s) who ,manags the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete._ I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and /or imprisonment for knowing violations." This statement shall be signed by an authorized representative of the industrial user as defined in 40 CFR 403.12(1)(1 -4). . � (paft). ii)92 ) 10.12.080 Rights of E ntry. The District has the right of inspection of the &,,��facilities of any user to ascertain whether the objectives of this tit-k-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 its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, takin photographs to document conditions, analysis, records examination and copying, or the performance of any of his /her duties. —_The District, or its authorized representative, accompanied by such other representatives of other public agencies as may be appropriate, shall have the right to set 37 up on the itse�tsuser'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 fittheir premises, the user shall make necessary arrangements with itstheir security guards so that upon presentation of suitable identification, personnel from the District, along with other authorized representatives, will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. 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 -pqrt 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 received, 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 the District Cade or the permit, if applicable, tSare found, the suspension shall be lifted._ In the event that violations of this }F�4: Ordinance District Code, or the permit, if applicable, pis found, then the suspension may, in the discretion of the District, be continued or terminated, or other enforcement remedies may be sought. - - -The District may choose to inspect the facility to determine compliance with all standards set forth in this Ordinance the District Cade and permit, if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the discharger. i()tti.,....1..8,; (prtm .}......}_gg.2..} 10.12.090 Pretreatment. Users shall provide necessary wastewater treatment as required to comply with this till ,Ordinance and shall achieve compliance with all national pretreatment standards within the time limitations as specified by the federal regulations, or this HfteOrdinance 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 uytf,4user'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 brie 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 mouser's initiation of the changes.4:4.4 ��"t r4;- � 10.12.100 Publication of Users in �,in tkt,, t-+ Significant Noncompliance. 38 -------- - - - - -- Pursuant to federal requirements, the District shall annually publish in Ow largesse a newspaper f general circulation that provides meaningful ublic notice within the iurisdictions served bv the District a list of the users -which were in significant noncompliance with any pretreatment requirements or standards during the twelve 12 previous months._ The notification shall also summarize any enforcement actions taken against the user(s) during the same twelve 12 months. 10.12.110 Records feteniioi R tention. All records relating to compliance with pretreatment requirements or standards shall be made available to officials of the EPA,Stte, and District, or their authorized representatives._ These records shall be retained for a minimum of three Lal years from the date of the compliance report to which these records are applicable or three t(ayears from the date any investigation or enforcement action undertaken by the District, State , or EPA has been concluded, except when there is unresolved litigation regarding the user or the District to which such records are relevant, or a request of the General Manager of the District for a longer retention, in which cases the records shall be retained until the litigation is concluded (including the expiration of all periods of limitation and of all appeals) or as requested by the General Manager. '); 10.12.120 Confidential ifminformation. --Information and data on a user obtained from reports, questionnaires, permit applications, permits, monitoring programs, and t'roffi 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. _ ........................___The portions of such information which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to other governmental agencies for uses related to this E {ordinance, the National Pollutant Discharge Elimination System (NPDE&), 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 facility 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 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 titie rdinance. 39 In any event, information accepted by the District as confidential, shall not be transmitted to anyone, except the Environmental Protection Agency, the State Water Quality Control Board, and /or the Regional Water Quality Control Board, until and unless a ten - 1 day notification is given to the user. ¢> <: $��; a�c� 40 Chapter 10. 16 ENFORCEMENT Sections: 10.16.010 Enforcement ffwt, ; Mechanisms. 10.16.020 Informal Actions. 10.16.030 Administrative ,f-<teysOrders and Schedules. - 10.16.040 Samplina and Evaluation Programs. 10.16,050 Assessment of Charges for Obstruction or Damacie to District Facilities or Operations. 10.16.060 Suspension or Termination of e Service. 10.16.065 Administrative Civil Penalties. 10.16.070 Civil aetiof�Action. 10.16.080 Criminal fte.tio,Action. 10.16.090 Notification j, Procedures. 10.16.100 Costs. 10.16.110 Responding to 4 .g.r it ea nificant Noncompliance. 10.16.010 Enforcement ;°,,;mechanisms. It is the intent of this Enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with this trtjeOrdinance by all users._ These enforcement provisions apply to all classes of users to the extent such user violates any provision of this 4+tft�.Ordinance or administrative order of the District pursuant to this Ordinance. In order to achieve the maximum degree of compliance desired, the District will use a variety of enforcement mechanisms._ The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution._ The District may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this t44 -e Ordinance. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of thest,ite State of California and the United States of America._ Nothing in this Ordinance is intended to prevent state and /or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this 1 +t4eOrdinance which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 U.S.C.A. °1251, etseq.); (2) the California Porter - Cologne Water Quality Act (California w-tK-Water Code ��}�, +- 13000, et seq.); (3) the California Hazardous Waste Control Law (California Health and Safety Code : : r, '25100 - '25250); (4) the Resource Conservation and Recovery Act (42 U.S.C.A. ' -'6901, et seq.); and (5) California Government Code .+-, `54739 - '54740.6._ The 41 referenced state and federal laws, along with other pertinent laws, provide authority for the �District's enforcement mechanisms. - - -The enforcement mechanisms available to the District for violations of the provisions of this tiavOrdinance, applicable District resolutions, and permit or permit contract provisions include the following: --A. Informal administrative action (including NOVs and warning notices*). B. Administrative orders.. ................. .... ....... ......... C. Institution of -same tin;,, an(t ewti katIM, Sampling and Evaluation programs, Compliance Schedule Agreements, and related administrative orders-.. -- -- - -D. Assessment of charges for obstruction or damage to District facilities or operations:. ... ..._ ..... ......... E. Suspension or termination of services:® Administrative complaints for administrative civil penalties;. G. Civil action;. .................................... H. Criminal action. .( c) r (i,....19..,..qm:6,_1.90. 4 10.16.020 Informal tK �,i,,+�fte+4ffi,,Administrative Actions. District staff may, on an informal basis, take action against a discharger for minor violations or technical or clerical shortcomings of a user or a usef.suser's compliance submittals._ These informal administrative actions may include informal notices (i.e., telephone calls to the user' representative), a Notice of Violation (NOV), and informal meetings or informal warning letters. These informal administrative actions may establish a compliance schedule for the discharger to follow in order to document compliance. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms. f .48� !)'- 1999-? 10.16.030 Administrative , !4m e e uj ,Orders and Compliance Schedules. —When the District finds that a user has violated the prohibitions or requirements of this ti-ti .Ordinance or the provisions of a wastewater discharge permit or wastewater discharge permit contract, the <ti >,.t k:tDistrict may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements, or provisions to (1) cease to discharge immediately (suspension of service); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures immediately as to e„stifeinsure full compliance. 42 -- - TheAt its discretion the District may aitolater issue, after the issuance of the administrative order set forth above, an additional administrative order containing a compliance schedule or a time schedule setting forth dates by which specific corrective actions must be completed. -r+*d..1K � 1992;) A. Grounds for Instituting Sampling and Evaluation (S & E) Programs. In addition to those grounds set forth in Section 10.12.060 A'*r61, grounds for instituting an S & E pf -ogMii Program , include compliance sampling or District sampling indicating a significant non - compliance (SNC)._ The S & E pf-o fitfllP rocl ram may consist of District sampling of the ,discharger`s wastewater at the first opportunity convenient to the District, upon which daily samples may be taken eff4; 4 for up to five j days._ The District or outside laboratory will analyze these samples for the violating constituents and provide notice to the discharger in regard to the results of said sampling._ Violations which may occur during the S & E rqg ram shall constitute subsequent violations under this titkOrdinance or under any applicable law. B. S & E Program Revealing Noncompliance. If the S & E f,*OgFatYProgram reveals non - compliance by the user with the prohibitions or specific pollutant limitations specified in this titi Ordinance or in the user. ,user`s permit or permit (- .'t "-r-,4e-tcontract: 1. The user may be assessed all costs incurred during the S & E ff t-tffiRL gram for sampling and analysis, including labor, equipment, materials, outside services, and overhead. ...................... _ .... _ ...... 2. The District may place the user on a compliance schedule or undertake another S & E -Pro rc ram._ The compliance schedule shall provide for minimum required actions to be undertaken by the discharger to alleviate the violation and a schedule for completion of said actions._ The compliance schedule may include interim constituent level maximums._ All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this e4w"Qrdinance and other applicable laws, and each day a discharger fails to meet a schedule date shall constitute a separate violation._ Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional S & E ffo-,tftffiProgrm. 43 ............. _ ........ _ .... ..- 3. The District may amend an existing permit through an Enforcement Compliance Schedule Agreement-+i-,-s-.­-_. This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and /or acquisition of equipment related to pretreatment._ The permit may be amended with the ESCA for a period of up to one hundred eighty LIDO days; however, this period may be extended for a period not to exceed an additional one hundred and eighty LIDO days upon determination by the General Manager /Chief Engineer that good cause exists for an additional period._ No further extensions shall be granted except upon approval of the Board of Directors. - - ---4. Any other enforcement mechanism set forth in this t-44,-Ordinance or other applicable law may be commenced. C. Continued Noncompliance After S & E pY,,1- FamProgram or ESCA. If a discharger remains in non - compliance because corrective action is not taken within a reasonable time after completion of an S & E __ggram or the expiration of an ESCA, an ads ��e -fwtet-- Administrative Order may be issued._ Any of the other enforcement mechanisms set forth in this aiaptefOrdinance or applicable laws may also be commenced. i..offt...rg_;(f*rf+, _1. 9,12_} 10.16.050 Assessment of � iiiwgt:SCharges for < >i) tft:, <,Atii.3+ } Obstruction or (tiffs tweDamage to dkllio filZeikties District Facilities or o fatioo,,O erationS. - -When a mouser's discharge, whether due to negligence, accident, spill,, or otherwise, causes an obstruction, damage,, or any other impairment to the 141sft4el',Qistrict's operation or facilities, the District may impose a charge on the user for the cost to clean or repair the facility, or costs incurred to resume normal operations._ An administrative service fee of twenty -five percent (25%) of the :tt District's costs may be added to these charges._ The total amount shall be paid within forty -five L45 days of invoicing by the District._ If it can be shown that the tts-ef-%suser's discharge caused or significantly contributed to the District violating its discharge requirements or incurring additional expenses or suffering loss or damage to the operation or facilities, then the user shall be responsible for any costs or expenses, or a prorated portion of such expenses, including assessments or penalties imposed by other agencies or the court on the District. 4:>r(j. j 10.16.060 Suspension or teft-ffifn ., , Termination of Service. . ....... ..A. Suspension of Service. The District may suspend the wastewater treatment service and /or a wastewater discharge permit or permit contract by issuance of a cease and desist order when the District makes the determination that such suspension is necessary._ A suspension shall be justified in order to prevent an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the treatment plant or other District 44 operations, or causes or may cause the District to violate any condition of its NPDES permit., Additionally, a permit may be suspended for any of the conditions set forth justifying revocation of permit or termination of permit contract as set forth in Section Nothing in this paragraph will limit the rights of the District to suspend or terminate service pursuant to specific permit or permit contract conditions which may be more stringent. Any industrial user notified of a suspension of service and /or the wastewater discharge permit or permit contract shall immediately stop or eliminate the discharge._ In the event of a failure of the user to comply voluntarily with the administrative order, the District shall take such steps as deemed necessary to prevent or minimize damage to the r r= ;e-= 4DistricVs facilities or endangerment to persons or the environment._ The District may reinstate the wastewater discharge permit, permit contract, and /or the wastewater treatment service upon proof of the elimination of the non complying discharge. B. Revocation of Permit/Termination of Permit «t. Contract. Any user who violates the following conditions is subject to having its permit revoked or permit contract terminated: 1. Any user who knowingly gives or provides a false statement, representation, record, report, plan, or other document to the District or falsifies, tampers tnLith, or knowingly renders inaccurate any monitoring device or method required under this lifle Ordinance; -- - ....... 2. Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge; 3. Failure of the user to report significant changes in operations; or wastewater constituents and characteristics; - -- - -- 4. Refusal of reasonable access to the t et�suser's premises for the purpose of inspection or monitoring; 5. Failure of a user to notify the District immediately of an accidental discharge and /or take appropriate corrective action to prevent a reoccurrence; -- . .................. . 6. Failure of a user to file a periodic compliance report or periodic compliance report in such time and in such manner as is required by this r44,--,Ordinance: 7. Significant violation(s) of the permit or permit contract requirements or conditions and /or violation of this fitiv..Ordinance. Any violation of the discharge standards where a constituent concentration is determined to be five Mimes the concentration standard set forth in Exhibit "AatittejIed - kti4toffi "or any series of three LaJor more violations of the same constituent within a one Cl year period, shall constitute a significant violation; 45 .............. -- -8. Failure to pay fees and charges or penalties established pursuant to this qtk-Ordinance. C. Immediate Termination of Discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent danger er4hfea-t -to the health or welfare of persons, the environment, or the District or its employees or contractors, the District may, after reasonably attempting to informally notify the user, take all necessary steps to halt or prevent such discharge including, but not limited to plugging or physically disconnecting the u6er'suser's access to the District wastewater system. , 10.16.065 Administrative civil- venai+ic�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 gist io%Oistrict's requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the r 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) or 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 any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the District. - Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within thirty LqOj days. As to court actions authorized by the above - referenced sections, District Counsel, or other special counsel designated by the District Board, shall institute appropriate actions to effect statutorily authorized remedies, upon order of the District Board. ¢oi -£i i. (paoj . i_)q.i 46 10.16.070 Civil ao4oftAction. The District Board may direct District Ceune4- counsel or other special counsel to bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this ti Ordinance and to recover such charges, fees, penalties, and /or damages as may be assessed or may be incurred under the provisions of this t4e Ordinance. -- - -- A. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this titk-Ordinance, the District may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge. B. Civil Actions for Penalties. Any user who violates any provision of this 6fle0rdinance, permit condition or permit contract condition, or who violates any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed twenty -five thousand dollars ($25,000) 000) for each day in which such violation occurs pursuant to California Government Code Section -4474(-� 54740. Pursuant to the authority of the Clean WaterAct, 33 U.S.C.A. Section 1251, etseq. any user committing a violation of any provision of this Ordinance, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act, shall be liable civilly for a sum not to exceed twenty -five thousand dollars ($25,000) per violation for each day in which such violation occurs._ District €-,t4ekcounsel, or other special counsel designated by the Board, upon order of the District Board, shall institute such actions as may be appropriate in the appropriate court to impose, assess,, and recover such sums. -- - - - - -- I -- - ..... C. Other Civil Actions. The District may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders, and compliance schedules. Said orders are enforceable in a California court of general jurisdiction._ The District, however, may directly undertake any court action available at law or equity, including but not limited to a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate. '0M. 10.16.080 Criminal Action. A. General Criminal Penalties._ Any person who violates any provision of this titieOrdinance, permit, or permit contract, or who violates any of(tei-Administrative Order, prohibition, or effluent limitation, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one thousand dollars 1 000hor 47 imprisonment for not more than th- iftythi� days in the county jail, or both._ Each day a violation occurs may constitute a new and separate offense and may subject the violator to an *m4i, +additional full measure of penalties as set forth herein. B. Falsifying Information._ Any person who knowingly makes any false statements, representations, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this tOrdinance, or wastewater discharge permit, wastewater discharge permit contract, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this t;tieOrdinance, shall upon conviction be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than thirty LaOadays, or both._ Each separate act of falsification, tampering, or knowingly rendering inaccurate any device or method, shall constitute a new and separate offense and shall be subject to the penalties contained [herein. Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the State of California to the extent such falsification was incorporated in a document signed under the penalty of perjury.- (F3t,j . I X3 10.16.090 Notification pro e t fee- Procedures. -A. Notification to User._ Whenever the District finds that any user has violated or is violating the provisions of this t4"�tffQrdinance, a wastewater discharge permit, wastewater discharge permit contract, or any prohibition, limitation or requirements contained herein, the District may serve upon such person a written notice stating the nature of the violation._ Within thirty LaOLdays of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the District by the user. Whenever the District assesses a penalty or other form of enforcement action under the provisions of this aiaptef Ordinance, the District shall serve upon such user a written notice stating the nature of the enforcement action being taken. B. Notification to District._ When a user discovers that it has violated or is violating a provision of the tit -apteiOrdinance, its wastewater discharge permit, its wastewater discharge permit contract, or any prohibition, limitation= or requirement contained therein, including a violation as may be caused by accidental discharge or spill, the user shall immediately notify the District upon discovery of such violation._ Thereafter, within five f days following the accidental discharge or discovery of a violation, the user shall submit to the District a detailed, written report, describing the accidental discharge or violation, and the measures taken by the user to prevent similar future occurrences._ This written report regarding the violation may be included as a part of a periodic compliance report, or other report as may be required under this +tq)te Qrdinance, as long as the written report is provided within the five days of discovery, which notification shall not relieve the user of any expense, penalty, fee, or other liability which may be incurred as a result of the 48 10.16.100 Costs. All costs associated with the to +tk+ sDistrict's undertaking of enforcement actions pursuant to this ti-FleOrdinance, 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 •e of - ,ef- viee._ -o - >t pItafwe 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 tOrdinance, the user shall not be responsible for the costs incurred by the District in pursuing said enforcement action. tort #: I93- {pair -). 1 -99 -?} 10.16.110 Responding to .' Si nificant Noncom Hance. Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting.. 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 noncompliers as is required of the District by law.¢tl +t +i_,�ie11 +�3r t)f =. For purposes of this provision, a Si cinif icant Industrial User or any Industrial User that violates sections 10. 16.0110 A. 3 or 4 or 10. 16.0110 E, is in si nificant noncompliance if its violation meets one or more of the following criteria.; A. Violations of Wastewater Discharge Limits. 1. Chronic Violations. OH*4-"t• ati���le SIUMNSIM Eel 'III, Matolls M / E L 2. Technical Review Criteria Violations. , :olat:ofl .............t thif,ts f1wee Violations in which 33 percent or more of all of the measurements t \e v,ext}taken for the same t{aity inax+mum iilltlt oi- lialit it moic ti -tat, thK -r R{. 1 jar it 4ix Do IIuttant parameter during a -month period,.su b--Niolfitio N may IR( s+t, — e usl or exceed the roduct of the numeric Pretreatment Standard or Re uirement including instantaneous limits as defined by 40 CFR 403.3(l) multiplied by the a iicable TRC TRC =1.4 avo -tr c<>t = 11 +f ft,f for BQD TSS fats oily and greases and 1.2 for all other pollutants except pHj. 49 3. Other Effluent Limit Violations. - Any other violations of,,�,; �qw,K-a Pretreatment Standard or Reguirement as defined by 40 QFR 403.3(lLdaily maximum, lonci-term averaae, instantaneous limit, or narrative standard) that the District i�ti-(-ves-deterrnines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through (including adverse effect on any toxicity testing); or endangered the health of the sewage treatment personnel or the public. - ...... ...... .. . 4. Danger to Human Health or Welfare, This etaegory.atioc rite rion includes any discharge of a pollutant that has caused imminent endangerment to human health/,welfare or to the environment and has resulted in the ik-�, POTW's exercise of its emergency authority to halt or prevent such a discharge. B. Violation of Compliance Milestones. it.tfifivam floncomphawe 4101. ifw'ludle "Ched-ttle milestofles; coflwintN4 stir an-V -of-del: the ttsef b'rthv 14i'stl ilet itieludin" Itl C. Failure to Provide Proper Data.-��­,­,�­�' Vfovide' rep(- repoW,'. WILOSAW-65M D. Failure to Accurately Report, � i gni fk-ftiil- -m>I-Iowlpfiaw'e Suatts may.-a-ko4v derivt-4 -4'fom t} rtilttre Noncom oliance. Failure of a user to accurately and promptly report any noncompliance._ Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the District shall give fiwbe subiect to SNC status. I ............... E. Other Violations. ,,S is stfmis mftN4 fy-off-i-fitiv Any other violation or group of violations, which may include a violation of Best Manaciement Practices. that the District determines may adversely affect its operations or the accomplishment of the objectives of this tit }e. d.. iance. -M Chapter 10.20 HEARINGS- AND APPEALS. ° ... Sections: 10.20.010 Availability of rff.hii-ftfi tfa4-t ttpp"iAdministrative Appeal. 10.20.020 Showtrt+ Cause Hearings. Any user, permit applicant, permit or permit contract holder affected by any decision, enforcement action, or determination made by the District, interpreting or implementing the provisions of this t t:teOrdinance or in any permit or permit contract issued herein, may file with the General Manager a written request for reconsideration of a staff decision, action, or determination within fifteen L15 days of notification of said staff decision, action, or determination._ The written request for reconsideration shall detail facts supporting the user= user's request and such facts shall include a statement listing all relevant facts which shall be considered including such ,facts as may not have been knows or available to the District at the date of such action._ The General Manager shall render a decision on the request for reconsideration within fifteen 15 days of receipt of the request, unless the General Manager requests additional information from District staff or the user._ The General Manager shall concur, modify., or rescind the action, decision, or determination previously made or may grant a show cause hearing regarding such a decision, action, or determination._ If the ruling on the request for reconsideration made by the General Manager is unacceptable, the use user may, within ten tLOjdays after the date of notification of the General Mr= Manager's determination, file with the District t —e e etar a request for appeal to the District Board eonsMefation o+ staff e '�"-tff aeeofdaflee' with {_:#tat' ter .1 e'od . -- - - - -- A user shall not have a right to request - an appeal to the District Board l,rat:ofi of staff de unless the user has complied with the procedures concerning the request for reconsideration by the General Manager as set forth above. '.. ..... When a written request for to the District Board has been properly filed with the District see- retrff� secretary, the District ; e,t t rtt secretary shall schedule the matter to be heard by the District Board within forty -five L45 days from the date of the filing of the written request._ The District Board shall make a 4efefttt ayisiRg ft <;rit alai Ro tfd- of 4t'a €f detJ,,io truIin a on the a Doe aI within fifteen 15 days from the date of the hearing unless the Board requests additional information from tite District staff or the user. __Notwithstanding the foregoing, the statutory appeal procedures set forth in California Government Code Section 54739, et seq., applicable to administrative civil 51 penalties imposed or sought pursuant to Section 10.16.065 of < {,- xtpfef Ordinance, shall exclusively apply to such penalties.r+ =7;c + 10.20.020 Show Cause Hearinas. A. The District may order any user who violates any of the provisions of this t¢tieOrdinance, permit conditions, or permit contract conditions to appear before a designated hearing officer to show cause why a proposed enforcement action should not be taken._ Notice shall be provided to the user specifying the time and place of the hearing._ A notice for a show cause hearing shall set forth the violation, the reasons why an action is to be taken, the proposed enforcement action, and such other information as will notify the user of the nature of the hearing._ The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action, or determination previously made should be rescinded or modified._ A notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten 1 days before the hearing._ Service of the notice may be made on an agent of the user or officer of the mouser's business entity. B. A District employee or officer may conduct the hearing and take evidence, or the District may designate another independent person to do so._ The District shall not, as a matter of course, provide for stenographic recording of the hearing-. However, the user may provide for such stenographic recordation at its expense. ....................... C. After the hearing officer has reviewed the evidence, administrative orders may be issued which specifically relate to the issues set forth in the notice of show cause hearing._ If the user is dissatisfied with the determination of, or the administrative order issued by the o Ea r�hearincofficer, the user may file a written request for 41'11idefaft'O +o with Ch aptti ¢ ap eap Ito the District Board. The request for j4oafft- s# A.T dee-isiotiqppeal shall be filed with the District -,� secretary within ten 10 days of the issuance of the determination order of the hearing officer._ The Dk'triet',,; District's secretary shall calendar the matter before the District Board within forty -five L45 days of the date of filing of the written request for i- irtj detis¢c».-f {.}�:�:{ {.cj ...ti ¢fI -x-h;...:t{ 3t rtt}, 1496,.. {?tt §..... {..� 3 { {>��t.t.� {..c)�? < }appee�l to the District Ron rd. 52 Chapter 10.24 FEES Sections: 10.24.010 Purpose. 10.24.020 Sewer -,efvi e- etia.t -- Service Charges. 10.24.030 Scope of iiffre.,Charges and + Fees for souf -e -eomi+)4 f.wi�)gf, ►Source Control Program. 10.24.040 Payment of « Fees, Charges, and,+Delinquencies. 10.24.050 Reinstatement (tee si0e osit. 10.24.010 Purpose. It is the purpose of this otapte+- Chapter to provide for both the recovery of costs from users of the r.�,itfio District's facilities for the implementation of the Control and related programs established herein and to provide for a sewer service fee to be imposed on all nonresidential dischargers to the District sewage system. W it.1i with regard to the ,ottyee- ontroiSource Control and related programs, kt. It is also the purpose of this t+tieCharter to provide for the recovery of costs from the users of those programs._ The applicable charges or fees shall be set forth in the District's Schedule of (�p�Oeration and and Fees. 10.24.020 Sewer4iee ej;Service Charges. All users shall pay a user charge for the District wastewater disposal services. _This sewer service charge shall be in addition to the fee imposed on certain users for the administration of the Source Control Program as set forth elsewhere in this 64e Cha_pter. The sewer service charge shall reflect the quantity, quality and flow of the wastewater of the user and will be based on the t + t t 4District's operating costs to intercept, treat, and dispose of the wastewater. The sewer service charge shall be set from time to time by the District Board. -, 10.24.030 Scope of Charges and Fees for Source Control Pr ogram. The District may adopt charges and fees to compensate the District for its activities under the e--etource Control Prca ram which may include: A. Setting up and operating the s>tt= District's pretreatment program, septage program, industrial user notification program, and slug discharge program;. B. Monitoring, sampling, inspection, and surveillance procedures;_ 53 C. Reviewing accidental discharge procedures and construction:; D. Processing permit applications;. E. Implementation of administrative and legal enforcement measures;. F. Other fees as the District may deem necessary to carry out the requirements of the programs contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees chargeable by the District._ These fees and charges may include staff costs.. as well as legal, consulting, and laboratory costs, associated with the District activities in implementation of these programs. _ 10.24.040 Payment of stt chafgg ,,Ekq harges, and < �t���� ,z���Exxcje.sDelinquencies. ........ _ . . . . . . . . . . . . . . . . . . _ A. Except as otherwise provided, all fees, charges, and penalties made pursuant to the provisions of this gAk-Ordinance are due and payable upon receipt of notice thereof. All such amounts shall become delinquent forty -five t45Ldays after the date of invoice. ............ .... B. A penalty for delinquent accounts shall be charged in accordance with the following: 1. Forty -six L46 days after the date of invoice, a penalty of ten percent 10 %Lof the base invoice amount, not to exceed a maximum of one thousand dollars, (11 1.000). 2. Ninety La0hdays after the date of the invoice, an additional penalty of ten percent 1 Q% of the base invoice amount shall be imposed, the cumulative total of the penalties will not exceed a maximum of ��k46,H-,Four Thousand Dollars ($4,000). C. Any invoice outstanding and unpaid after ninety LqQ days shall be cause for immediate initiation for permit revocation proceedings. D. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the District receives written notification of said appeal prior to the payment due date. _Payment of disputed charges is still required during District review of any appeal submitted by users. fk4+, —+a -� 10.24.050 Reinstatement (jeP, �, +De osit. Permit or permit contract users that have been subject to enforcement proceedings may be required to deposit with the District an amount determined by the General Manager&bLief Engineer prior to permission being granted for further discharges to District facilities._ The deposit shall be provided as a security to ensure that the requirements of 54 this title are complied with, and all fees and charges associated with the u ei.' user's permit or permit contract are paid._ The security may be returned after one (,.year, provided that the user has not been subject to any enforcement actions or enforcement fees within that one 11year period._ The deposit shall be cash or other security acceptable to the District. 55 Chapter 10.28 WASTE HAULER PROGRAM Sections: 10.28.010 Permissible � aefi+ai-;Wsste Hauler Discharges. 10.28.020 Waste Discharge Permit. 10.28.030 Cash Oepokit, - Deposit - Security. 10.28.040 Manifest,{ - {Procedures. 10.28.050 Fees for Discharge. 10.28.060 Regulation of >nwe(ittresProcedures. 10.28.070 Acceptance of g.f.etieGrense. 10.28.080 County } it-aH�Li itation. 10.28.010 Permissible Hauler Discharges. The Board finds that it is in the best interest of the citizens of the emtw- �- Cou_,,, nty_of Contra Costa generally and in the best interests of the health and sanitation of the constituents of the Central Contra Costa Sanitary District, that the District receive certain trucked -in wastes at the treatment plant for disposal._ It is the intent of the Board that the treatment facility shall only be used for the disposal of wastes which are compatible with the treatment plant process and the continued operation of the treatment plant as a non - RCRA or nonhazardous waste disposal facility._ Therefore, it is the intent of this titii-Ordinance to prohibit the discharge from waste haulers of any hazardous waste as may be defined by either federal or state statute and regulation, whichever is more stringent; and, further, to prohibit all such wastes as are prohibited within Chapter 10.08: JRegulations) of this tjti Ordinance, when such wastes are trucked to the District and discharged pursuant to the tz ti4+fit+ °;District's waste hauler program... 18,3 - Y ;4' 24 10.28.020 Waste s� t� r {Hauler Dischar e Permit. The District Board finds that in order to properly administer the discharge of wastes to the District, a waste hauler discharge permit program is required. _Therefore, all persons are prohibited from discharging trucked -in waste at thef °District's treatment facility unless and until such person(s) has complied with all of the requirements of this Section of tit,,,eiiapiefthe Ordinance, and has received a permit for waste discharge. A. Permit Term. _Staff shall have the authority to issue waste hauler discharge permits for a period of one _year, with such permits being renewable on further application from the permittee for additional one - Lyear 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 policies of this titieOrdinance, as well as the stated purpose of the waste hauler program as set forth herein._ The conditions 56 upon which a waste t-Y&uk-f---,hauler's discharge permit may isttebe issued shall include, but not be limited to, the following: 1. prtiol, of "'a C"ttlitfa health-.1-4epuf tolent. hau ter ftfhi 1),tibliV, tWafttt ji,ee*,eProof of a Contra Costa Health Department Waste Hauler Registration and Public Health License and/or reciistration as a transporter of inedible kitchen grease waste under California Food and Aaricultural Code Section 19310; I ........................... 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 facilities; 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 limits 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. C. revocation, or suspension of permit. The issuance of a waste hauler permit creates a conditional privilege to discharge._ It does not create property rights (including real, personal, or intangible personal property rights), nor a vested irrevocable right or privilege.- The conditions under which a waste hauler permit may be denied, revoked,, or suspended by the District include, but are not limited to, the following: 1. Substantial enforcement action taken by the District or another agency related to public health, waste hauling, and/or hazardous waste handling,,. ---- ....... . .... . . 2. Failure of the waste hauler to comply with federal, state., or District regulations and laws or permit conditions:. ........ . .... I .................. .... 3. Termination of the waste vehicle insurance or reduction in coverage to a level below that required by the District-.. 4. Disposal of waste in an unlawful manner, whether within or outside the District-- 5. Failure of the waste hauler to comply with the permit, waste handling and disposal, and reporting requirements of the Contra Costa County set,vieeAi Environmental Health Services. 57 6. Knowingly or negligently providing false information on any application, permit, or manifest form t. 7. Disposing of any waste load to District facilities which originated outside the county or, in the case of restaurant grease loads, which originated outside District boundaries or areas served by the District by contract_ 8. Failure of the waste hauler to pay any fees, charges or penalties assessed by the District..® 9. Expiration, revocation or suspension of Contra Costa two, =, whey to hander pLa�liv tie atiit fiee � H Public Health License. £cIt1 Department Waste H U3 > 10. Failure to deposit or maintain the required cash deposit. tea. �� 10.28.030 Cash &;;-�- Deposit - Security. The Board finds that in order to ensure compliance of each waste hauler with the provisions of this 4tie- Ordinance, and to further ensure payment of fees and charges for the discharge of trucked -in waste, a cash deposit, or other security acceptable to the District shall be required of each permittee. The cash deposit shall be in an amount of one thousand dollars. 01,000.00), However, if the General Manager /Chief Engineer determines the cash deposit should be increased in order to protect the interest of the District based on the nature of the current operations of a permittee or the prior history of compliance with the waste hauler program requirements, including, but not limited to those set forth in Section 10.20.020f_C >. above, then the General ManageriChief Engineer may increase such cash deposit or security to an amount sufficient to protect the interests of the District. The security amount shall not exceed five thousand dollars_L$5 Q00.00 without prior Board approval of said security amount. A. Time for Payment. _The cash deposit or acceptable security shall be posted prior to the issuance of the permit._ To the extent the District draws on such cash deposit or security for costs, fees, payments, or penalties, as authorized hereunder, the permittee shall deposit with the District such additional funds as may be required to bring their cash deposit or security up to the total amount required under the permit prior to the continued discharge of waste._ If the permittee fails to maintain a sufficient deposit with the District to meet its permit conditions, the District may suspend the permit (and permission to discharge) until such time as a sufficient deposit or security has been tendered and accepted. B.— Forfeiture of Deposit._ All or a portion of the cash deposit or acceptable security may be forfeited to the District if any of the following actions occur: 1. The permittee knowingly provides false information on any application, permit, or manifest form; 58 2. The permittee discharges a nondomestic waste which does not comply with this Ordinance, including the provisions of local limits and the general and specific prohibitions contained herein; 3. Permittee disposes of a waste in an unlawful manner in any location within the Dt H-�­ "- District's service area; ...... ............................... 4. A permittee becomes delinquent in making payment of applicable charges and fees for discharge of waste; and /or 5. A permittee otherwise fails to comply with provisions contained in this t.4.i .Ordinance or the District Code. 10.28.040 Manifest oeeckffesProcedures. Any waste hauler who is discharging at a District facility shall be required to comply with the manifesting requirements set forth by District staff. _Each discharger shall be required to provide a manifest document which shall indicate the source of all wastes contained within the waste load to be discharged._ The District may promulgate such other requirements with regard to manifesting as are in the determination of the District necessary to properly carry out the objectives of this tit- jeOrdinance and the intent of the waste hauler program. +.S.' .4 ,: A a)42.,. 10.28.050 Fees for 4k vDischar e. ..............1. The Board may from time to time set fees for the services provided the waste hauler with regard to discharge of trucked -in waste. _The fees shall include, but not be limited to, fees to reimburse the District for the disposal and treatment costs of the discharge, and such other fees as may be required to reimburse the District for the administrative costs of processing the permits, administering the waste hauler program, operating septage discharge facilities, conducting laboratory analysis, and enforcing the provisions of this program. Wit. r�r ► 10.28.060 Regulation of ( >< tt+f Procedures. The District shall adopt such procedures as may be appropriate for the implementation of the waste hauler program. _These procedures may include, but not be limited to, regulation of the times for discharge, the amounts of discharge, and manner of discharge._ The procedures may also include requirements such as laboratory testing of samples of the waste prior to discharge, and procedures for reporting of the ultimate disposal location for wastes which are not accepted at a District facility due to being rejected on the basis of a sampling analysis of its constituents. z> 10.28.070 Acceptance of Grease. 59 It is the intent of the waste hauler program to accept reasonable quantities of grease when trucked to the District. _The Board finds that it is in the best€ of� eta interests of the District's constituents to accept trucked -in grease pursuant to the requirements and procedures of the waste hauler program in order to foster the adherence to the requirements of the r>,is4ri c District's grease interceptor program. t <>r(t: 1942) 10.28.080 County 4ffi. �Lirnitation. The District Board finds that it is not in the best interest of the constituents of the District to accept restaurant grease waste originating outside the District service area. Moreover, the District Board also finds that it is not in the best interest of the j>;�,ttr�; = ,District's constituents to accept trucked -in waste:, other than grease; from locations which are not within the eotint) -Count . Therefore, the Board finds that the District shall only accept trucked -in waste pursuant to the provisions set forth herein and procedures established by istrict's staff for trucked -ifl waste to the extent such waste is produced within, or emanates from locations within, Contra Costa County, or in the case of restaurant grease, from locations within the '­,District's service area, including any area served by contract. ; C Chapter 10.32 GREASE, OIL, AND SAND INTERCEPTOR PROGRAM Sections: 10.32.010 Interceptors et4Re aired. 10.32.020 Administration of i- mefeept >f pfogi- amInterceptor Program. 10.32.030 Interceptor t?tft4 ,-�.i}if Maintenance Procedures and Program. 10.32.040 Enforcement. 10.32.010 Interceptors e(4Re aired. All nondomestic users shall be required to install and maintain a grease, oil, and sand interceptor when the General Manager, Chief Engineer or their designee finds that it is necessary for the proper handling of (+,a) liquid waste containing grease, (t) flammable wastes, (4c) sand, or (4,d) other harmful constituents which may be properly eliminated from the sewerage system by use of an interceptor or trap._ An interceptor is not required for a building used solely for residential purposes so long as there exists no common food preparation facility._ An interceptor shall be required when the wastewater flow from the building is anticipated to contain grease, flammable substances, sand; or other harmful ingredients in amounts or concentrations which would be in violation of ­q pretreatment standard or, in the discretion of the District, present the possibility of causing or contributing to the fouling of; or the blockage of. or other damage to the District sewerage system. { - ,, ,,, 10.32.020 Administration of iiReFeeptoF .. Interce for Program. --The District shall administer an interceptor program which is intended to prevent grease, sand, flammable liquids, and other substances which are likely to block or create a hazard within the sewerage system from entering the system through use of interceptors or traps._ The District may require any nondomestic user to install an interceptor or trap according to the guidelines set forth in the ... s - - -- Otte whff(+ spec ei iotisDistrict's Standard Specifications or other program prior to connection to the District or at any time after connection to the District if the District discovers or determines subsequent to the connection that the building, facility, or operation of that user produces a waste with characteristics that would require installation of a trap or interceptor pursuant to this tiff- ,Ordinance. The installation of a proper interceptor or trap device shall be the responsibility of the parcel owner and the entity which applies for the connection or industrial user permit, and the owner /proprietor of the business or entity whose operations cause or contribute to the necessity for an interceptor or traps._ The District shall determine whether a grease trap, grease interceptor, or other interceptor is required on a case-by- case basis based on an evaluation of objective criteria including; but not limited to factors such as those listed hereunder: 61 A. The type of facility (a restaurant, bakery, cheese factory, yogurt shop, gas station, lube facility, etc.); - - - -B. The volume of the user "s business or operation (such as number of meals served, number of seats, hours of operation:). . ................C. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used:, ---D. The type of service provided or operation undertaken (such as dine -in meal service versus carry-out meal service;} ..-). ............E. The type of foods or other materials used in the cooking, processing, or manufacturing operations carried on within the os�,,user`s facility;. - - F. The overall potential for grease - laden, flammable,, or sand- laden&4 discharges,,. - -- G. The existence of devices, procedures, or processes which are designed to minimize the amount of grease, sand, oil, or other flammable liquids from entering the sewer system. ... . ..............The design, location, and procedures for operation of a required interceptor or trap shall be approved by the District._ Such approval shall be obtained prior to the � y users connection of the facility to the t+',�District's sewerage system, in the event of new construction or remodeling._ In instances where a user has already connected and the District determines that an interceptor or trap must be installed, the user shall promptly provide for the installation of the interceptor or trap within a reasonable time frame (as may be set by the District), including providing such design plans and operational plans as may be required._ The installation of an interceptor or trap as required by this Ordinance on an existing user facility shall occur within reasonable time not to exceed one hundred LIQO days after the user has been provided notice of the requirement that an interceptor or trap be installed._ This one - hundred --day limit may only be extended by written agreement of the District. s )Id. i 8, - r.4 10.32.030 Interceptor Maintenance Procedures andPro�m. Any user who is required by the District and /or this 4a,,Ordinance to install and /or operate an interceptor or trap device, shall be required to adequately maintain the interceptor or trap device so that such device is in proper working order at all times. Grease and oil interceptors shall be cleaned by a licensed and permitted waste hauler on a periodic basis so as to assure that the interceptor will operate as designed at all times. Any users who are required to install or have in operation an interceptor or traps pursuant to this tiiieOrdinance, shall be required to have a plan of operation or program for their facility which is intended to iflsufe nsure that the interceptor or trap operates as designed to prevent grease, oil, sand, or other harmful constituents from 62 entering the sewerage system. These procedures may include adoption of kitchen practices to minimize the grease -laden garbage which ultimately enters the €4ifi., lit s drains and floor traps and /or other such procedures as may be required for the proper operation of the interceptors. 19.4 10.32.035 Interceptor Maintenance Standards Maintenance standards shall be conducted bv users in order to ensure the proper operation of interceptors and traps. If the operations of a specific user modify the need to follow the specified standards, the user can request a variance from the District in writing on the form provided by the District. Unless the District issues a written variance to a user the user is responsible for meeting the specified minimum maintenance standards of this section: (02111 UINI « s r. '.. ! r r• *♦ '.. • r •r !r w. 1. !' •!: - r! «. r 4 !♦ f• M M n1. •: I mollplo%Iilll& M-pnMIUMILYla Management ► • control sources of pollutants. B. Interceptors shall be operated so that the accumulated arease and solid waste does not meet or excee.d.-twe-MY-five (25.) jercent of the unit'sc"aacit C. Interceptors shall be cleaned at least once every 90 dgays... Intercepto. cleanina shall be conducted to oump all the liquid and solid contents of • the sides will be cleaned of anv substantial build-up of grease and solid wastes. D. Traps shall be cleaned according to. the manufacturer's recommended frei� �ce. daily, weekly) when conducted byuser'semployees. and shall be pumped once w r •..., licensed E. Decantinq of wastes removed from an interceptor or trap is prohibited when a and i)ermitted waste hauler used to clean w. unit. Wastes w. ; .# from the R RE IMINIMI =1111 WEy r. r r w r r..... w_.. r... #r �. r...... waste current hauler permit. Enforcement. F. The user shall maintain records documenting proper maintenance of the interceptor or trap, , The disposal location (name, address, phone number for off-site facilities) for wastes removed from an interceptor or trap shall be recorded and made available for inspection upon reggest. I ............... Failure of any user who is required to maintain an interceptor or trap pursuant to r « and/or pursuant to lawful District direction, be subject to each of the enforcement provisions set forth in this t4k--,Ordinance. The enforcement provisions of 63 this t- 'OieOrdinance shall apply to the failure to instruct personnel, or to maintain, pump and /or institute a proper grease or flammable substance reduction program. (��a —+8' 1--1 4e1 Doc. 932855v1 (Comparing 787139 with 853081 v5) 64 Sum=0-sions oposed Tit (Source Control Or ' ance) February 15, 2007 Presentation Overview , Drivers Prompting Title 10 Rev ➢Summary of Proposed Revisions Notifications and Outreach ➢Affects on Regulated Businesses Proposed Drivers Promr)ti 10 Revisions Revisions Implement Pretreatment Streamlltp..g Rule Improve Source Control's operatio - Improve Fats, Oils & Grease (FOG) Pro - Clarify current standards Local Discharge Limit recommendations - Discharge prohibitions for certain pollutants Incorporate oversight agencies' recommendations i Proposed Tit1�10 Revisions Pretreatment Streamline ;Rule ➢Mandatory and voluntary ele nts Improves flexibility in regulating permitted businesses -Significant Non - Compliance Criteria -Smaller Categorical Industrial Users - Use of Best Management Practices Proposed Tit 0 Revisions Improve Source Control aeration Enhanced oversight of waste ers - Documentation of disposal locatio ➢Clear standards for maintaining interceptors and traps -Cleaning frequency and performance -Variance procedure 2 P � �� � y. • `ivR s •1 Proposed Tit1�0 Revisions Notification and O No RWQCB comments during 45 day ?l Hosted 7 workshops with affected busin -More than 2400 announcements direct mailed -Total of 28 people attended the workshops Communications during inspections Planned direct mailing to affected businesses Proposed Ti period 10 Revisions Affects on Regulated ftinesses Document disposal location for was aulers and generators Enforce cleaning of interceptors and trap -Food service facilities - Vehicle service facilities - Manufacturing /machine shops Flexibility to customize standards -Best Management Practices - Customized monitoring programs 4 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 6.a. ITEMS HELD OVER FROM PREVIOUS Type of Action: AUTHORIZE EXECUTION OF AGREEMENT BOARD MEETINGS subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR THE MARTINEZ SHORELINE PARK Submitted By: Initiating Dept. /Div.: Michael J. Penny /Associate Engineer Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: - 11 N. �k QW 004e-- M. J. Penny J. 1yamoto -Mills C. Swanson A. Farrell ames M. Kelly eneral Manager ISSUE: Board approval is required for License Agreements. RECOMMENDATION: Authorize the General Manager to execute a 25 -year license agreement with the East Bay Regional Park District (EBRPD) for property on Berrellesa Street in Martinez. FINANCIAL IMPACTS: The licensee has paid a $2,000 processing fee. ALTERNATIVES /CONSIDERATIONS: The Board could direct staff to reject the license and require the EBRPD to vacate the property. BACKGROUND: The District and EBRPD entered into a license agreement on April 18, 1991 for a staging area and parking lot to be constructed, operated, and maintained at the terminus of Berrellesa Street as part of the Martinez Regional Shoreline Park as shown on the attached map. In 2004, EBRPD intensified its use of the property by increasing the size of the parking lot, and adding a landing for a pedestrian bridge across Alhambra Creek. The pedestrian bridge and parking lot is a joint project of the City of Martinez, Caltrans, and EBRPD. It is part of the trail system in EBRPD's Martinez Regional Shoreline Park. The bridge has been designed to be above projected flood levels, and has been reviewed by the Contra Costa County Flood Control District. The District property that is the subject of this license is part of the right -of -way for sewer pipelines that serve the City of Martinez. Within the right -of -way, there is a 24- inch gravity sewer that flows west to and twin 20 -inch forcemains that flow east from the Martinez Pumping Station. The use of the property by EBRPD and the public does not impact operation of the sewer facilities that are located there. N: \ENVRSEC \Position Papers \Penny\2007 \PP EBRPD Shoreline Park 2- 15- 07.doc POSITION PAPER Board Meeting Date: February 15, 2007 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A LICENSE AGREEMENT WITH THE EAST BAY REGIONAL PARK DISTRICT FOR THE MARTINEZ SHORELINE PARK This agreement allows EBRPD to maintain the staging area, parking lot, and other miscellaneous improvements for 25 years. Under the terms of the license agreement, EBRPD will indemnify the District for any damages or claims that may result from the presence or use of the pedestrian bridge on District property and across Alhambra Creek. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a 25- year license agreement with the East Bay Regional Park District ( EBRPD) for property on Berrellesa Street in Martinez. NAENVRSEMPosition PapersTennyM07TP EBRPD Shoreline Park 2- 15- 07.doc BERRELESA ST atc Wp� % � ITE 680 � PACHECO gV o Y� A I' VINE AVE LOCATION MAP N. T. S. CITY OF MARTINEZ kw k� _________________ a 1 ________ LICENSE AREA rn m m uj � cc U I N J Q c v c 0 t i E a v v EMBARCADERO i a S P R R R�[M 0 100 200 a 0 n Y Central Contra Costa Attachment 0 Sanitary District EBRPD o MARTINEZ SHORELINE PARK MAP M 0 LICENSE AREA LICENSE THIS LICENSE is made and entered into this day of 2006, by and between CENTRAL CONTRA COSTA SANITARY DISTRICT, a California special district, hereinafter called Licensor, and EAST BAY REGIONAL PARK DISTRICT, a California special district, hereinafter called Licensee. RECITALS A. Licensor owns certain real property in fee simple ('Property ") located in Contra Costa County, California, shown on the drawing marked Exhibit "A," attached hereto and made a part hereof; B. At the Property, Licensor currently has two 20 -inch force main sewer lines, one 15- inch gravity sewer line, one at -grade manhole, and electrolysis test station; C. Licensor granted Licensee a license to use the Property for the purpose of operating and maintaining the Property as part of the Martinez Regional Shoreline Park, and Licensee improved the Property with a parking lot and other improvements pursuant to a license agreement dated April 18, 1991, which expired on April 18, 1996; D. Licensee further improved the Property by constructing a pedestrian bridge and other improvements pursuant to a Right of Entry Permit from Licensor dated August 17, 2004, which expired on February 18, 2005; E. Licensee does not wish to interfere with the important public services provided by the Licensor and desires to set up planning, construction, operation, and maintenance parameters that affirm and protect the Licensor's ownership and primary use of the Property; and F. Accordingly, Licensee and Licensor desire to enter into a new license agreement setting forth the terms and conditions of Licensee's continued use of the Property as part of the Martinez Regional Shoreline Park. TERMS AND CONDITIONS THIS LICENSE is granted by Licensor and accepted by Licensee upon the following terms and conditions, and Licensee does hereby covenant with Licensor as follows: 1. Grant of License. Licensor grants to Licensee a license to come onto the Property for the purpose of improving, operating and maintaining the Property as part of the Martinez Regional Shoreline Park, under the terms and conditions set forth herein. 2. Term of License. Unless terminated, suspended or revoked as provided herein, this License shall be for a term of twenty -five (25) years, commencing on the date noted above. PAPub11c \Ro1MMar Inez Projects\Shoreline Park\License rev 81706.doc Page 1 3. Payment. Licensee shall pay Licensor Two Thousand Dollars ($2,000.00) for the term of this License, which fee shall include all administrative costs. Payment shall be made at the address indicated below upon execution by Licensee. 4. Licensee's Use of Property is Subordinate to Licensor's Use. Licensee acknowledges Licensor's title in and to the Property and agrees never to assail or to resist said title. The Property accommodates Licensor's underground public sewer mains, pipes, and appurtenances including at -grade manholes and electrolysis test station, which are necessary in the performance of its duties as a sanitary district. Any and all rights granted or implied by this License shall be subordinated to Licensor's present and future use of the Property. The Licensee shall be responsible for any damage to the Licensee's sewer facilities on the Property caused by the Licensee's officers, directors, employees, agents, and contractors or members of the general public during their use of the Property or the installation, construction, operation, maintenance, improvement, repair or removal of the Licensee's facilities, fixtures or improvements. 5. Primary Use of Property. The primary use of the Property is for the purpose of operating a sanitary sewer system for the transport of sewage and related waste through the means of transmission mains, pipes, and related appurtenances. Licensee shall not, at any time, use or permit the public to use the Property in any manner that will materially interfere with or impair the primary use or the operation, maintenance or repair of the public sewer mains, pipes, and appurtenances. Licensor shall have the right to suspend or to limit the use of the Property by Licensee and the general public during such periods of time as Licensor determines that suspension or limitation of use is necessary in the interest of public safety or for the operation, maintenance or repair of the public sewer mains, pipes, and appurtenances or for any other reason consistent with the primary use of the Property. Should any suspension or limitation of. use be necessary, Licensor shall provide to Licensee thirty (30) days prior written notice thereof, except in cases of emergency repairs. Said notice shall be given to Chief, Operations at Park District's mailing address: 2950 Peralta Oaks Court, Oakland, CA 94605. Upon completion of any work by Licensor within said Property, Licensor shall restore the ground surface to its pre- existing grade, but Licensor shall not be liable for the restoration of any facilities or improvements installed by Licensee, including but not limited to paving, landscaping, bridges or drainage structures. 6. Secondary Use of Property. Licensee's use of the Property pursuant to this License is secondary and subordinate to Licensor's primary use. Licensee may use and maintain the Property as part of the Martinez Regional Shoreline Park and may construct, operate, and maintain a parking lot and a pedestrian bridge on the Property. Except as otherwise provided herein, no other permanent improvements shall be made to the Property without the written consent of Licensee. PAPublic \RoW\Martinez Projects \Shoreline Park \License rev 81708.doc Page 2 a. Motor driven vehicles shall only be allowed in the parking lot area. Use of the pedestrian bridge shall be limited to recreational non - vehicular use as may be authorized by Licensee. No type of motor driven vehicle shall be permitted on the pedestrian bridge or trails, except those of the Licensee used for maintenance, patrol or public safety measures. Licensee shall install such barricades as are necessary to discourage unauthorized access by motor driven vehicles and shall post signs at points of entry to the pedestrian bridge and trails that such vehicles are prohibited. Licensee shall provide such patrol service as is necessary to prevent unauthorized use of the pedestrian bridge in a manner consistent with other Regional Park facilities. Its failure to do so shall constitute a default of this License. Licensor shall provide for the installation of Licensor's lock on the access gate. b. Licensee's use of the Property may include minor grading and installation of culverts and /or small bridges where necessary for crossing drainage ditches, and installation of a paved pathway on the Property. Licensee may provide limited landscaping for the parking lot and pedestrian bridge, provided that trees are not planted anywhere within the Property and light poles, sign posts, and other structures or improvements with underground components are not placed within twenty (20) feet of either side of the Licensor's underground sewer mains, pipes, and appurtenances. Licensee may place signs, moveable toilet facilities, benches, and picnic tables on the Property as appropriate in connection with the Martinez Regional Shoreline Park. Licensee shall not pave over or cover Licensor's manholes. Prior to commencing any work upon the Property, Licensee shall present its plans to Licensor for written approval. Such plans shall indicate the final proposed locations of the proposed work so that compliance with this License can be confirmed. All work and improvements desired by Licensee in order to make and maintain the Property suitable for Licensee's use shall be the sole responsibility of Licensee. C. The Licensor's inspector shall be present to verify that the locations of proposed improvements comply with these conditions and that excavations do not exceed 10- feet in depth, unless hand -dug or otherwise approved by Licensor. 7. Signage. Licensee shall install signs recognizing Licensor's cooperation and contribution to the public interest by allowing the co -use of the Property by the Licensee plus any other appropriate information and warnings. Licensee shall also install signs notifying the public of the restrictions and permitted uses of the parking lot and pedestrian bridge, listing the applicable regulations governing such uses, and prohibiting the operation of unauthorized motor vehicles. 8. Construction, Reconstruction, Repair or Removal of Facilities. Except in cases of ordinary maintenance and emergency repairs, Licensee shall give to Licensor at least sixty (60) days notice in writing before entering upon the Property for the purposes of constructing, re- constructing, repairing, removing or performing any work on or in connection with the parking lot, pedestrian bridge or any other permanent improvements on the Property. Upon demand, Licensee agrees to pay to Licensor the reasonable cost and expense incurred by Licensor to place an inspector on the Property during such construction, re- construction, repair, removal or the performance PAPublic \RoW\Martinez Projects \Shoreline Park\Ucense rev 81706.doc Page 3 of said work. The Licensee shall be responsible for any damage to the Licensee's sewer facilities caused by the Licensee's officers, directors, employees, agents, and contractors, regardless of the presence of an inspector for the Licensor, while attempting to install, construct, operate, maintain, improve, repair or remove facilities, fixtures or improvements. 9. Maintenance of Property. Licensee shall maintain the Property in a clean, safe, and presentable condition, free from waste, litter, and other items resulting from public access to the Property and left by parties other than licensor and its permittees in a manner consistent with other Regional Park facilities. Licensee shall perform all maintenance, including waste removal and weed abatement, on the Property at Licensee's sole expense. If Licensee fails to maintain the Property, Licensor shall provide Licensee with written notification of said violation. Except in the case of an emergency, if Licensee has not corrected such violation within thirty (30) days of receiving notification, then Licensor, at its sole option, may perform the necessary work. In the case of an emergency, Licensor may correct any violation of this Paragraph 9 without notice to Licensee. Licensee shall pay to Licensor upon demand and without contest all costs incurred for work performed by Licensor pursuant to this paragraph. 10. Termination. Either party may terminate this License at any time with one hundred eighty (180) days prior written notice to the other party. Upon termination or revocation of this License or any portion hereof for any reason, Licensee shall at its sole expense, upon request by Licensor, promptly remove such improvements from the Property as Licensor may request, except Licensee shall not be required to remove any asphalt paving it has placed upon the Property, and Licensee shall leave the Property at a level grade and in a clean and presentable condition, free from hazards or waste. 11. Revocation of License to Portions of Property. In the event Licensor's use of the Property precludes Licensee's use of any portion or portions of the Property, Licensor may, upon ninety (90) days prior written notice, revoke this License as to the portion or portions of the Property required for Licensors use. Notice shall include a map or drawing identifying the affected area(s) and Licensor agrees to provide information and assistance reasonably required to aid Licensee to change its improvements to the Property to accommodate Licensee's continued use. 12. Abandonment. If Licensee abandons the parking lot, the pedestrian bridge or any portion thereof or ceases or fails to use all or any portion of the Property for the purposes for which this License is granted, then all rights of Licensee in and to the Property or such portions thereof so abandoned or not so used thereupon all rights thereto shall cease and terminate immediately and automatically shall revert to and vest in Licensor. 13. Default. In the event of any failure by Licensee to perform, fulfill or observe any terms of this License which continues for 30 -days after notice from Licensor or in situations involving potential danger to the health or safety of persons on or about Property which are not remedied immediately after notice (oral or written), Licensor may, at its PAPublic \RoW\Martinez Projects \Shoreline Park \License rev 81706.doc Page 4 election, and in addition to all other rights and remedies available to it, including, without limitation, termination of this License, cure such failure or breach for, on behalf of, and at the sole cost of the Licensee. Licensee shall pay to Licensor upon demand and without contest all costs incurred for work performed by Licensor pursuant to this paragraph. Notwithstanding the foregoing, Licensee shall not be in default if the default cannot reasonably be cured within 30 -days, and Licensee commences to cure the default within the 30 -day period and diligently and in good faith continues to cure the default. 14. Failure to Enforce Not a Waiver of Rights. Either party's failure to enforce any provision of this License shall not be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other provision of this License. A party's consent to or approval of any act or request by the other party shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent act or request. 15. Indemnification. The parties expressly intend that Licensor not be subject to or accept any liability or costs whatsoever by virtue of permitting Licensee to use the Property. a. Licensee shall indemnify, protect, hold harmless, and defend Licensor and its successors, transferees, assigns, officers, directors, employees, and agents, from and against all claims, costs, damages, fines, judgments, penalties, losses, liabilities or expenses incurred directly or indirectly from or as a consequence of any activities conducted at or on the Property by anyone as a result of or in connection with Licensee's use of the Property. The foregoing indemnification shall include, without limitation, the following: (a) personal injury claims, (b) payment of liens (including mechanics' or material mens' liens), (c) sums paid in settlement of liabilities, (d) attorney's fees, (e) loss of use or damage to the Property, and (f) damage or injury to animals, natural resources or property other than the Property. b. Licensee's aforesaid indemnity and hold harmless agreement shall not apply to any liability caused by the sole negligence or willful misconduct of Licensor or its successors, transferees, assigns, officers, directors, employees or agents arising from its use of Property. C. Licensor shall indemnify, protect, hold harmless, and defend Licensee and its successors, transferees, assigns, officers, directors, employees, and agents, from and against all claims, costs, damages, fines, judgments, penalties, losses, liabilities or expenses incurred directly or indirectly solely from any construction, maintenance or repairs of Licensor's sewer facilities within the Property. The foregoing indemnification shall include, without limitation, the following: (a) personal injury claims, (b) payment of liens (including mechanics' or material mens' liens), (c) sums paid in settlement of liabilities, (d) attorney's fees, and (e) damage or injury to animals, natural resources or property other than the Property. This indemnity does not apply to any claims, costs, damages, fines, judgments, penalties, losses, liabilities or expenses that Licensee may incur, due in whole or in part to the exercise of any rights provided to Licensee for its use of Property. PAPublic \RoW\Martinez Projects \Shoreline Park \License rev 81706.doc Page 5 d. If there is a dispute between the parties as to who shall receive indemnity under this indemnity section, Licensee shall indemnify Licensor, but Licensee shall have the right to seek reimbursement of its indemnity costs, if it is determined by a court, arbitrator or by mutual agreement of the parties that indemnity is the sole responsibility of the Licensor. 16. Insurance. Promptly upon execution of this License and while this License is in effect, Licensee at its sole expense shall obtain and maintain insurance meeting the following requirements. a. Workers' Compensation and Employer's Liability Insurance Workers' Compensation Insurance having limits not less than those required by state statute and by federal statute, if applicable, and covering all persons employed in the conduct of work to be performed under this License, including but not limited to the operation and maintenance of the Martinez Regional Shoreline Park, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000.00), which Licensee may provide through a self- insured retention; and b. G_ eneral/Automobile Liability Insurance General /Automobile Liability Insurance, which will protect Licensor from claims that may arise in connection with Licensee's use under this License, including operations and activities of third parties which Licensee, allows to occur or employs third parties to perform. Said liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all operations under this License, use of owned or non -owned automobiles, products, and completed operations. Said policy or policies shall cover as primary insurance and shall provide that other insurance maintained by Licensor shall not be called on to contribute to a loss covered by said policy or policies. Insurance provided by Licensee shall be for an amount not less than Ten Million Dollars ($10,000,000.00) Single Limit Coverage applying to Bodily and Personal Injury Liability and Property Damage or a combination. C. Each policy or policies additionally must contain the following: 1. Wherever the word "accident" appears in the policy or endorsements it shall be changed to "occurrence "; 2. The policy must cover complete contractual liability; exclusions of contractual liability as to bodily injuries, personal injuries, and property damage must be eliminated from the basic policy and endorsements; and 3. BROAD FORM, either domestic or Lloyd's form, property damage liability must be afforded. d. Copies of Policies. Certified copies of all policies shall be furnished to Licensor promptly after issuance. Thirty (30) days notice of any change or cancellation of coverage shall be provided to Licensor. The forms of all such insurance policies and the insurance companies issuing such policies shall be subject to the approval of Licensor and its insurance advisors. PAPub1ic \Ro1MMartinez Projects \Shoreline Park\License rev 81706.doc Page 6 e. Failure of coverage. Failure, inability or refusal of Licensee to take out and maintain during the entire term of this License any or all of the insurance as aforesaid shall at the option of Licensor constitute an immediate breach of this License. f. Self- Insurance. Licensee has the right and option to self- insure against general/automobile liability claims in lieu of providing the general/automobile liability insurance specified in Section 16 by written notice to Licensor that Licensee assumes the obligation in the place and stead of any insurance carrier, any references to failure of coverage notwithstanding. g. Revisions. As circumstances change during each of the terms of this License, Licensor may from time to time require revisions in the foregoing insurance requirements sufficient in Licensor's opinion to provide adequate protection for both Licensor and Licensee, and Licensee agrees to provide such revised coverage. 17. Notices. Any and all notices or documents to be delivered between the parties shall be deemed delivered: (a) upon hand delivery to the address below; (b) upon being sent and received via certified mail to the address below as evidenced by certified mail receipt; (c) upon being sent via facsimile to the facsimile number below as evidenced by facsimile receipt; or (d) five (5) days after being sent via first class mail. Facsimile transmission shall be followed promptly by first class mail. The addresses and facsimile numbers are as follows: To Central Contra Costa Sanitary District: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 -4392 Telephone: (925) 228 -9500 Facsimile: (925) 676 -7211 Attention: Ann Farrell, Director of Engineering To East Bay Regional Park District: East Bay Regional Park District 2950 Peralta Oaks Court P.O. Box 5381 Oakland, CA 94605 Telephone: (510) 635 -0135 Facsimile: (510) 569 -1417 Attention: Land Acquisition Department 18. Attorneys' Fees. In the event of any litigation between Licensor and Licensee arising out of or concerning the Property, this License or the rights and obligations of Licensor and Licensee in connection thereto, the prevailing party in such litigation shall be entitled to its reasonable attorneys' fees. PAPublic \RoW\Martinez Projects \Shoreline Park \License rev 81706.doc Page 7 19. Rights to Property. All rights herein given to Licensee are subject to all existing rights, rights of way, reservations, and easements by whomsoever held in and to the Property. Licensee agrees it has not acquired nor will it hereafter acquire any estate, rights or interest in the Property, nor does Licensee have, nor will it obtain, any right or claim to the use of the Property beyond those specifically given in this License. 20. Transfer and Assignment. No rights of Licensee hereunder shall be transferred or assigned without Licensor's prior written consent, except Licensee may assign its rights hereunder to any successor public agency without the consent of Licensor. This License and each and all of the covenants herein contained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 21. Entire Agreement; Modification. This License contains the entire agreement between the parties and supersedes all prior understandings or agreements, oral or written, of any nature, regarding the subject of this License. This License may be modified only by a writing signed by both Licensor and Licensee. 22. Interpretation. Both parties have had ample opportunity, with the benefit of counsel, to comment upon the contents of this License. Therefore, the rule that ambiguities in contracts are to be construed against the drafter shall not apply. 23. Section Headings; Recitals. The section headings in this License are only for the purpose of reference and shall in no way define or interpret any provision hereof. Licensor and Licensee acknowledge and agree that the Recitals set forth above are true and correct and are incorporated herein by this reference. 24. No Recordation of License. This License shall not be recorded in the Official Records in the Office of the County Recorder of the County in which the Property is located. 25. Time of the Essence. Time is of the essence for each condition, term, obligation, and provision of this License. 26. Governing Law. This License shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. 27. Venue. Any lawsuit or legal action arising out of this Agreement shall be brought in the state courts of Contra Costa County, California. 28. Counterparts. This License may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. PAPublic \Row\Martinez Projects\Shoreline Park \License rev 81706.doc Page 8 IN WITNESS WHEREOF, the parties hereto have executed this License, in duplicate, the day and year first above written. LICENSOR: CENTRAL CONTRA COSTA SANITARY DISTRICT By: Signature Name: James M. Kelly Print Title: General Manager Approved as to form: By: Signature Name: Kenton L. Alm Print Title: District Counsel LICENSEE: EAST BAY REGIONA ARK DISTRICT r —. By: Signature Name: Pat O'Brien Title: General Manaaer Approved as to form: By: Signature Name: Ted Radosevich Title: District Counsel PAPublc\Row\Martinez Projects \Shoreline Park \License rev 81706.doc Page 9 °XHIBIT A - MARTINEZ REGIONAL SHORELINE Contra Costa Sanitary District Q Lentrae Emirontnentsl Review License Agreement with - EBRPD Land 1:1,400 & Gts Appliwt — L /bstone has Central Contra Costa Sanitary District Neighboring Parcels 25 !) 25 50 75 100 Feet anitarydist6d...1tq asanitarydistdd.mni 02 August, 2005 t t t t °XHIBIT A - Agenda Item 6.a License with East Bay Regional Park District in Martinez Curtis Swanson February 15, 2007 • 25 year term • Uses - parking, trailhead, & bridge • Maintenance & landscaping of use area • Sign recognizing CCCSD cooperation • Insurance & indemnification • $2,000 processing fee to be paid by EBRPD Bridge across Alhambra Creek • Part of Martinez Regional Shoreline Park and Martinez Waterfront Park • Joint marsh enhancement & access project by EBRPD, Martinez & Caltrans • Reviewed by County Flood Control • Above 100 -year flood stage CCCSD Sewer Facilities • Pipeline right of way • 15 & 24 -inch gravity sewer flowing west • Twin 20 -inch forcemains flowing east • Pipelines cross under Alhambra Creek Agenda Item 6.a 2 V U U U I � I I X 1 t cn N I I W I 1 z I � 1 - ' M Z J I� U I ti W 00 ty. 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W J LL Q U U 0 0 LO N L H n U) U U U 1 Q 0 z Qi ti O O N 0 0 0 ow w U-) W J LL Q U 0 0 r f6 7 LL N 7 t H Item 7.a.1) TITLE V PERMIT BAY AREA AIR QUALITY MANAGEMENT DISTRICT Douglas I Craig Board Meeting February 15, 2007 MAJOR FACILITY REVIEW PERMIT • Any facility that emits or has the potential to emit 100 tons per year of criterion pollutants (NOx, SOx, CO, or particulate matter, or • Any facility that emits 10 tons per year of air toxics (metals or organics) TITLE V PERMIT • Reviewed and reissued every five years • Reissued on December 6, 2006 • District staff provided comments on draft permit COMMENTS TO DRAFT PERMIT • Majority of comments related to clerical errors and accuracy of information • Maximum daily sludge feed to each furnace increased from 55 to 60 tons per day • Total annual sludge feed to both furnaces remains at 20,000 tons per year K REPORTING REQUIREMENTS • Monthly Reports • Quarterly Reports • Semi - annual Reports • Annual Reports INCIDENT REPORTS • 24 -hour response to Bay Area Air Quality Management District (BAAQMD) • 10 -day follow -up report • 30 -day follow -up report 3 COMPLIANCE REQUIREMENTS • Opacity • Cogeneration NOx and Btu throughput • Particulates • Minimum operating temperature in furnaces and boilers • Reporting and archiving data TESTING REQUIREMENTS • Hydrogen sulfide (H2S) leakage — Quarterly • Sulfur dioxide — Annually • Organic carbon destruction — Annually • Furnace emissions (Metals) — 5 Years • Particulates — 5 Years 4 COMPLIANCE COSTS • Annual Permit • Testing • Staff Time $26,800 $150,000- $200,000 over 5 years 2 -3 full -time equivalents COMPLIANCE IN 2006 • One Notice of Violation in 2006 • Hearth No. 1 temperature less than 1,000° Fahrenheit while burning landfill gas • No fine by BAAQMD to date 5 SUMMARY • Compliance with the Title V Permit requires a major commitment by staff • Commitment is comparable to NPDES permit compliance • AB 32 requirements for reduction in greenhouse gases will further increase staff efforts and compliance costs R, 7.a.2 CCCSD's Pollution Prevention Program Melody La6ella February 15, 2007 What is Pollution Prevention (122)3 Any practice that reduces the amount of hazardous substances, pollutants or contaminants entering the waste stream & ultimately the environment CCCSD's P2 Program • Household Hazardous Waste Collection Facility • Source Control Program • Community Outreach • Cooperative Partnerships 2006 Pollutants of Concern ■Acrylonitrile ■DEHP ■ Cyanide ■ Copper ■ Lead ■ Tri butylti n • Dieldrin • 4,4' -DDE • Diazinon & chlorpyrifos • Dioxin • PCBs • Fats, Oils & Grease (FOG) And... 2 Highest Priority Pollutant Mercury Why Mercury? • The San Francisco Bay is impaired for mercury - a legacy pollutant • It's a bio- accumulative pollutant • Our current mass limit allows -12 Ibs /yr • New NPDES Permit final limit in 2010 ■ Pending mercury TMDL • Mercury limits still problematic • Includes a requirement to reduce mercury contributions from dentists C Why Dentists? Human Waste Due to Dietary Intake 2.3% Mercury Thermomet 9.2% Human Waste Due to Amalgam Fillings 18% Household Food Wastes 1.3% Laundry Graywater 21% Household Products 0.12% Dental Offices 47% 2006 Mercury Reduction Activities • Continued accepting mercury wastes & the mercury thermometer exchange program at our HHWCF • Developed Mandatory Dental Amalgam Program for implementation in 2007 • Conducted outreach targeted at amateur gold- miners and proper disposal of Universal Waste 2 Highlights from the 2006 Annual P2 Report Almost 1.9 million pounds of HHW was collected 2006 Annual Pollution Prevention Report Comral Comm Costa. Sanitary District< Collected almost 13,000 pounds of pesticides HHWCF Over 95,000 feet of fluorescent lamps were collected Over 1,200 mercury thermometers were collected The Result... Almost 90 pounds of elemental mercury was collected at HHWCF and kept out of the wastewater stream! Developed Supported the Mandatory Dental enhancement of the Amalgam Program District's FOG Program Source Control Program Conducted 863 Performed 910 pretreatment inspections stormwater inspections at at 712 businesses 747 businesses z w' h I 1 ' < / ' , Public Outreach The CenUl Cable Costa &M" MW MI Y.��nrc iO.NWw. �: N +AeYrrMOpfpx{n(ppicMMNJnam:nwme faM 1PLi The Result... 40 ��1A« • Reached over 2,000 students at 32 schools with our P2 education programs • Reached 140,000 residences & businesses twice with P2 messages contained in the Spring & Fall issues of the Pipeline • Recognized businesses in our service area for P2 efforts Bay Area Ares C Water Agencies i 4tormwater Nimiagement too .Agerreies Assmiation Cooperative Partnerships The Result... Ali :,O RA COS, 9 GI?1 t.N E USINI <,S ■ 37 P2 story placements via print articles, radio and the web ■ 31 new businesses were certified by the Green Business Program in our service area in 2006 ■ 88 people attended the very successful BAPPG- sponsored workshop at CCCSD "Creating a Dental Amalgam Program" 3 What's New for 2007? • Prioritization of Pollutants ■ Mercury, Copper, Cyanide, Lead, Dioxin, Acrylonitrile and FOG • Implement new Local Discharge Limits & Title 10 update • Implementation of the Mandatory Dental Amalgam Program • Evaluate other sources of mercury ■ School labs and larger medical clinics What's New for 2007? • Work with the Contra Costa Clean Water Program to develop guidelines for discharging pool & spa water to the sewer • Investigate potential in -plant sources of acrylonitrile • Participate in BACWA workgroup to complete a white paper on dioxin • Keep an eye on the horizon (PCBs) 9 Acknowledgements ■ P2 Small Workgroup ■ Guidance & Input • Steve Linsley • Bonnie Lowe ■ Tim Potter • Randy Schmidt • David Wyatt In Conclusion... • Doug Craig • Bhupinder Dhaliwal • Ann Farrell • Jim Kelly • Curt Swanson We're still doing a GREAT job meeting our NPDES permit P2 requirements, but... we're still not out of the woods with mercury! 10 7 Schedule for Prop 218 Notice and 2007 -08 O & M Budget March 1, 2007 Position Paper authorizing the mailing of a public notice March 15, 2007 Prop 218 Notice given to Mailing House April 24, 2007 Last day to Mail Prop 218 Notice (45 days prior to hearing) May 10, 2007 Position Paper to set public Hearing on the O & M Budget, SSC, and collection of SSC on the tax rolls May 24, 2007 Present O & M Budget June 7, 2007 Public Hearing on SSC and Budget approval June 21, 2007 Budget Adoption Agenda Item 7.a.5) Central Contra Costa Sanitary District February 9, 2007 TO: HONORABLE BOARD OF DIRECTORS FROM: JAMES M. KELLY, GENERAL MANAGER . �-- SUBJECT: PROPOSED PLACEMENT OF ITEMS ON THE CONSENT CALENDAR Staff was requested by Board President Nejedly at the January 11, 2007 Board Meeting to report what agenda items could be placed on the Consent Calendar for Board approval. Based upon a discussion of this matter with District Counsel Kent Alm, essentially all agenda items can be placed on the Consent Calendar except Hearings, certain Financial Reports, Adoption of Rates and Charges, and other agenda items that require a super majority to be approved. The District's current practice is to have Resolutions of Dedication, Accept Contract Work, Approve Staff Attendance at Conferences/Travel, and Authorized the General Manager to Execute a few routine agreements on the Consent Calendar. Legally, Approval of Minutes, Receiving Monthly Financial Statements, and Authorize the General Manager to Execute Contract Documents and Service Agreements could all be fully moved to the Consent Calendar for Board approval. While it is legal to move all these Agenda Items to the Consent Calendar, if the Board wishes to move more items to the Consent Calendar, I recommend the District start by moving Approval of Minutes, Approval of Expenditures and Authorize the General Manager to Execute routine Contract Documents and Service Agreements to the Consent Calendar. Determining what is a routine document will be based on staff's judgment and ongoing feedback from the Board. Determination of what is a routine document or agreement does cause me some concern, as items on the consent calendar might not receive the same care of review as items on the regular agenda. If an item were to be approved as part of the Consent Calendar and later the Board were to consider the agenda item one that should have been more fully discussed with the Board prior to approval, then Staff, while acting in good faith, would have failed to receive Board input and direction on a matter where the Board desired to provide it to Staff. As always, any Board Member may remove an item from the Consent Calendar for discussion or to receive additional information from staff. Doing so will help provide Staff guidance on what agenda items are appropriate to be on the Consent Calendar for Board Approval. Agenda Item 7.a.6) Board Meeting of February 15 2007 Announcements a) Alhambra Valley Sewer Costs for One Year Delay Staff was asked to estimate the cost to the District if there was a one -year delay in completing the Alhambra Valley sewer. Staff provides the following information. There are two costs the District would incur: increase in construction costs and sewage trucking costs. Regarding construction costs, the construction industry expects costs to increase by approximately 7% over the next year. Since the funds that would have been used for construction will be earning approximately 5 % during this period, the net cost increase is 2% and the additional project costs would be approximately $25,000. Regarding sewage trucking costs, the developer Busby indicated to staff that approximately 4 homes per year are expected to be built. Although sewage will be minimal, to avoid a nuisance, trucking is estimated to occur 3 times a week after a single home is occupied. Assuming the home is occupied on September 1, 2007, trucking costs will be approximately $30,000. Thus, the total cost for delaying one year is estimated to be $55,000 b) Announcement For Advertisements Of The Lower Orinda Pumping Station Renovation — Phase 2, Project The Lower Orinda Pumping Station Renovation - Phase 2 Project, DP 5944 will be advertised for bids on February 26 and March 6, 2007. The project consists of a number of improvements to the Lower Orinda Pumping Station that will enhance the station's reliability and maintainability. These improvements include such items as bypass and soft start capabilities on the 250 -hp variable frequency drives for the wet weather pumps, isolation gates for the new grinders, building security and fire alarm systems, fuel day tank, emergency lighting, and other miscellaneous items. The Engineer's construction cost estimate for this project is $500,000. Staff plans to return to the Board for authorization of the construction contract at the April 5, 2007 Board Meeting. c) Caltrans Sewer Repair at Lancaster Rd The Caltrans project to repair the District's 21 -inch sewer crossing under HWY 680 at Lancaster Road in Walnut Creek continues on the freeway shoulder area. When the contractor performing the repair reached the sewer, it was discovered that the damage to the sewer was not accidental and in fact the casing protecting the sewer was removed to accommodate the installation of the pier supports for the sound wall. As previously noted, Caltrans is fixing the sewer with their contractor at their cost, and District staff is inspecting the work. District staff is pursuing Caltrans reimbursement for all District costs related to the repair of this damaged sewer. The repair of the sewer itself was completed on Friday, February 9, 2007. The sound wall repair and site restoration work is continuing and is expected to be completed by the end of March. d) Update — Plant Wet Weather Protection Project Circa 1992 -1993, the Contra Costa County Water Conservation and Flood Control District (CCCFCD) applied for a 404 permit from the U. S. Army Corp of Engineers (COE) to dredge Lower Walnut Creek. The U. S. Fish and Wildlife Services and California Department of Fish and Game objected to the dredging activities, therefore the COE refrained from issuing a dredging permit to CCCFCD. The reason for the objection was destruction of wetlands due to dredging activities. As a result, CCCFCD has consciously decided not to dredge the lower portion of Walnut Creek and has focused its attention upstream. During the summer of 2006, CCCFCD dredged a portion of the upper reaches of Walnut and Grayson Creeks. Utilizing the revised creek profiles from this past summer's dredging activities, CCCFCD is currently working with the COE to re- evaluate the water surface elevations in Lower Walnut and Grayson Creeks under various storm events. CCCFCD is also re- evaluating its position with respect to dredging the lower reaches of Walnut Creek this year and how to work with the COE to obtain the necessary permits. Staff will continue to work closely with CCCFCD on the revised water surface elevations and how this will impact the treatment plant facilities. Staff will send a letter to CCCFCD this month informing them of the impact of not dredging the lower portion of Grayson Creek and Walnut Creek on the District's facilities, stating our support of their efforts to dredge the creeks, and requesting the creeks be dredged this summer. Staff will monitor CCCFCD's effort to dredge the lower reaches of Walnut Creek accordingly. The Board will be kept informed of future developments. r?, J, 1) 4) CCCSD/Walnut Creek Liaison Meeting February 13, 2006 Summary Minutes Attendees: Sue Rainey, Mayor of Walnut Creek, Gary Pokorny, City manager, Mike McGill, CCCSD Board Member and CCCSD Liaison to Walnut Creek, and Jim Kelly, General Manager 1. Issues of Common Interest 2. Water Reclamation - CCCSD staff will set up a coordination meeting with Walnut Creek, CCCSD, EBMUD, and CCWD 3. Marketing the District's Household Hazardous Waste Facility - Walnut Creek will work with CCCSD to include HHHW articles in the Walnut Creek City newsletter 4. CALTRANS Sewer Repair at Landcaster Road - Provided the City with an update. 5. CCCSD Planned Upgrade of our Website. - Discussed linking our Websites; agreed to coordinate as the sites are updated ( Walnut Creek is updating their site also.) 6. Collection System Renovation & Capacity Improvement Program - Discussed ongoing Program. 7. CCCSD Upcoming Improvement to its Collection System Operations Yard. - Provided Schedule for CCCSD staff presenting information to CCCSD Board Committees and Board - Discussed additional capital cost of green /energy efficient buildings 8. Ongoing Staff to Staff Coordination - City's Public Services Director, Dan Richardson is retiring the end of June. - Discussed upcoming challenge of complying with AB 43, the Green House Gas Reduction Bill. 9. Other? - Updated City on Walnut Creek Levee /dredging issue. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 8,a, ENGINEERING Type of Action: AUTHORIZE FUNDS /APPROVE PROJECTS subject: APPROVE SUPPLEMENTAL AUTHORIZATION OF $4,500,000 TO THE TREATMENT PLANT PROGRAM OF THE FISCAL YEAR 2006 -2007 CAPITAL IMPROVEMENT BUDGET; APPROVE NEW PROJECTS Submitted By: Initiating Dept /Div.: Ba T. Than, Senior Engineer Engineering /Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION: l B. Than T. Pilecki A. ar I J ene es M. Kelly, Gral Manager ISSUE: Approval by the Board of Directors is required for a supplemental authorization and to add new projects to the Fiscal Year (FY) 2006 -07 Treatment Plant Program budget. RECOMMENDATION: Approve a $4,500,000 Supplemental Authorization from the Sewer Construction Fund for the Treatment Plant Program of the FY 2006 -07 Capital Improvement Budget (CIB), and approve new projects. FINANCIAL IMPACTS: This supplemental authorization will allow currently planned projects to continue, as well as allow several new projects to move forward before the next fiscal year. There are sufficient funds in the Sewer Construction Fund for this supplemental authorization. ALTERNATIVES /CONSIDERATIONS: If this supplemental authorization is not approved, several critical treatment plant projects will be delayed until FY 2007 -08 and FY 2006 -07 expenditure targets will not be met. BACKGROUND: Each year, as part of the CIB adoption process, the Board of Directors authorizes funding levels for each of the four capital programs: Treatment Plant, Collection Systems, General Improvements, and Recycled Water. The Board authorized $16.4 million for the Treatment Plant program for FY 2006 -07. To date, $16.3 million has been allocated to projects. There is a need for an additional $4.5 million to fund the Treatment Plant Program through the end of FY 2006 -07. The need for additional funds was created by three factors: • Funds needed in FY 2006 -07 to complete projects from previous years were underestimated. In the budget it had been assumed that only $10.1 million would be needed to fund continuing projects. In actuality, of the $16.4 million POSITION PAPER Board Meeting Date: February 15, 2007 subject APPROVE SUPPLEMENTAL AUTHORIZATION OF $4,500,000 TO THE TREATMENT PLANT PROGRAM OF THE FISCAL YEAR 2006 -2007 CAPITAL IMPROVEMENT BUDGET; APPROVE NEW PROJECTS authorized for the Treatment Plant Program, approximately $11.9 million was already allocated to ongoing projects at the beginning of the fiscal year. This resulted in a shortage of $1.8 million to allocate to new projects in FY 2006 -07. Three new projects have been created to address needs not identified during the preparation of the FY 2006 -07 budget. These projects include the Treatment Plant Hydraulic Evaluation, Treatment Plant Site Planning, and the Electric Blower Renovation. There are no contingency funds remaining to fund these new projects. The cost of these new projects is estimated at $310,000. Consultant contracts to assist with these projects are on this Board Agenda. Staff is also planning to award a number of projects before the end of FY 2006- 07 that will spend the majority of their budgets in FY 2007 -08. In order to award these contracts, the funds must be available in the FY 2006 -07 Capital Improvement Budget. These projects include Pipe Renovation - Phase 3, Substation 40 Cable Replacement and DAFT Polymer Addition. The cost of this category of projects makes up the remainder of the $4.5 million in additional authorizations needed. Staff requests that the Board of Directors approve a supplemental authorization of $4,500,000 for the FY 2006 -07 Treatment Plant Program in order to proceed with a number of critical treatment plant projects. Five percent of the $4.5 million ($255,000) will be allocated to refund the Treatment Plant Contingency Account. RECOMMENDED BOARD ACTION: Approve Supplemental Authorization of $4,500,000 from the Sewer Construction Fund for the Fiscal Year 2006 -2007 Treatment Plant Program, and approve new projects. N: \ENVRSEC \Position Papers \Farrell\2007 \Supplemental Authorization TP Program 2- 15- 07.doc Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 8.b. ENGINEERING Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH DAMON S. WILLIAMS AND ASSOCIATES FOR THE TREATMENT PLANT SITE PLANNING EVALUATION, DISTRICT PROJECT 7249 Submitted By: Raffi Moughamian, Staff Engineer Michael Penny, Associate Engineer Initiating Dept. /Div.: Engineering / Capital Projects REVIEWED AND RECOMMENDED FOR BOARD ACTION. 0 N1 I R. Moughamian/ B. Than . Pilecki M. Penny 0/w- A. Farrell James M. Kelly General Manager ISSUE: Board of Directors' authorization is required for the General Manager to execute a Professional Engineering Services Agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a Professional Engineering Services Agreement with Damon S. Williams and Associates (DSWA) for the Treatment Plant Site Planning Evaluation, District Project 7249, in the amount of $90,000. FINANCIAL IMPACTS: The cost for this project, including District staff time, will be approximately $100,000. ALTERNATIVES /CONSIDERATIONS: An alternative would be to not authorize the project. This would prevent the District from determining the optimal location for future additions triggered by regulatory issues and service area growth. This is not recommended. BACKGROUND: The next three to five years will bring multiple large projects to the treatment plant, each requiring a significant plot of land. Potential projects include the installation of additional primary sedimentation tanks, a new ash and sludge loading system, a mercury removal facility, furnace improvements, a nitrification treatment process, filter plant enlargement, and alternative /renewable energy options. Although the District has an abundance of room to the north, the anticipated projects are central to the operation of the treatment plant and need to be located in the denser core area where space is limited. They will need to be logically situated to keep operation and maintenance of the treatment plant practical, and to maintain hydraulic efficiency. This project will assess the space and process flow in the treatment plant NAPESUP \Position Papers \Penny \7249 Authorize Agreement TJP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 15, 2007 Subject. AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH DAMON S. WILLIAMS AND ASSOCIATES FOR THE TREATMENT PLANT SITE PLANNING EVALUATION, DISTRICT PROJECT 7249 area, consider potential locations for future projects, and ultimately present a recommended plan for the usage of space. Two consulting firms, Carollo Engineers and Damon S. Williams and Associates, submitted proposals. Based on the proposals, DSWA was selected because they presented the best team, and technical approach. A contract valued at $90,000 has been negotiated with DSWA to complete the Treatment Plant Site Planning Project. Staff has concluded that the proposed agreement is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since it involves planning tasks for possible future actions which the District has not approved, adopted, or funded, and the outcome of these tasks will not have a legally binding effect on later activities. Approval of this agreement will establish the Board of Directors' independent finding that this project is exempt from CEQA. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of these studies to determine the appropriate CEQA compliance documentation. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a Professional Engineering Services Agreement with Damon S. Williams and Associates for the Treatment Plant Site Planning Evaluation, District Project 7249, in the amount of $90,000. NAPESUP \Position Papers \Penny \7249 Authorize Agreement TJP.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 8.c. ENGINEERING Type of Action: AUTHORIZE AGREEMENT subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CAROLLO ENGINEERS FOR THE TREATMENT PLANT HYDRAULICS EVALUATION, DISTRICT PROJECT 7270 Submitted By: Initiating Dept. /Div.: Raffi J. Moughamian, Staff Engineer Engineering / Capital Projects Michael Penny, Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Moughamian/ B. Than wLT Pilecki A. Farrell mes M. Kelly M. Penny eneral Manager ISSUE: Board of Directors' authorization is required for the General Manager to execute a Professional Engineering Services Agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a Professional Engineering Services Agreement with Carollo Engineers for the Treatment Plant Hydraulics Evaluation, District Project 7270, in the amount of $95,000. FINANCIAL IMPACTS: The estimated cost of this evaluation, including District staff time, will be approximately $110,000. ALTERNATIVES /CONSIDERATIONS: The Board could elect to cancel or defer the project. This is not recommended, since identification of hydraulic limitations and required upgrades in the treatment plant to relieve those limitations are important for optimizing treatment plant operations. BACKGROUND: In 1999, Brown and Caldwell preformed a capacity analysis on the individual unit processes. Although thorough, the analysis focused on the process capacities, not the hydraulic capacities. As a result, the District is aware of the process capacities of each of the units, but does not have a comprehensive understanding of the plant hydraulic capacity. Previous hydraulic studies focused on individual segments of the plant's liquid train, but have not looked at the entire plant. This project will take prior hydraulic analyses, integrate current survey and process information, proposed process expansions such as the new primary tanks and develop a final, comprehensive hydraulic model of the entire treatment plant. The hydraulic model that is developed will be provided to the District in a format that will allow District staff to prepare future updates. N: \PESUP \Position Papers \Penny \7270 Authorize Agreement TJP.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 15, 2007 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH CAROLLO ENGINEERS FOR THE TREATMENT PLANT HYDRAULICS EVALUATION, DISTRICT PROJECT 7270 Proposals were submitted by two consulting firms, Carollo Engineers and Damon S. Williams and Associates. Based on the proposals, Carollo Engineers was selected because they presented the best overall team, experience, and technical approach. A contract valued at $95,000 was negotiated with Carollo Engineers to evaluate the plant hydraulics. Staff has concluded that the proposed agreement is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since it involves planning tasks for possible future actions which the District has not approved, adopted, or funded, and the outcome of these tasks will not have a legally binding effect on later activities. Approval of this agreement will establish the Board of Directors' independent finding that this project is exempt from CEQA. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of these studies to determine the appropriate CEQA compliance documentation. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a Professional Engineering Services Agreement with Carollo Engineers for the Treatment Plant Hydraulics Evaluation, District Project 7270, in the amount of $95,000. WPESUP \Position Papers \Penny \7270 Authorize Agreement TJP.doc Page 2 of 2 Central Contra Costa Sanitary District W BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 8.d. ENGINEERING Type of Action: AUTHORIZE AGREEMENT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HDR FOR THE CAPACITY EVALUATION OF THE ELECTRIC BLOWER, DISTRICT PROJECT 7272 Submitted By: Initiating Dept. /Div.: Raffi J. Moughamian, Staff Engineer Engineering / Capital Projects Michael Penny, Associate Engineer REVIEWED AND RECOMMENDED FOR BOARD ACTION: I&AA - `f Q M --- 4me, R. Moughamian/ B. Than fiZT. Pilecki A. Farrell ames M. Kelly M. Penny eneral Manager ISSUE: Board of Directors' authorization is required for the General Manager to execute a Professional Engineering Services Agreement in an amount greater than $50,000. RECOMMENDATION: Authorize the General Manager to execute a Professional Engineering Services Agreement with HDR for the Capacity Evaluation of the Electric Blower, District Project 7272, in the amount of $80,000. FINANCIAL IMPACTS: The estimated cost of this evaluation, including District staff time, will be approximately $100,000. A detailed estimate of the design cost of the renovation project will be developed as part of this investigation and a detailed estimate of the construction cost will be prepared during the final design of the project. ALTERNATIVES /CONSIDERATIONS: An alternative would be to conduct this project using in -house engineering. This project requires specialized expertise, which is not available to the District at this time. BACKGROUND: The District uses three single -stage centrifugal blowers to provide aeration air to its activated sludge process. The two larger units are steam turbine driven and the smaller unit is electric motor driven. Typically, one steam turbine operates on duty service, and the second turbine and electric unit provide standby service. The preference for using a steam turbine for duty service is because the District has excess steam, which is produced by the plant's waste heat boiler and cogeneration system. Operation of the electric turbine typically requires supplementing the plant's cogeneration system with PG &E power. The electric blower serves as a backup to the two steam - powered turbine blowers in case the steam system ever goes down. The electric blower has enough capacity to N: \PESUP \Position Papers \Penny \7272 Authorize Agreement 002.doc Page 1 of 2 POSITION PAPER Board Meeting Date: February 15, 2007 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HDR FOR THE CAPACITY EVALUATION OF THE ELECTRIC BLOWER, DISTRICT PROJECT 7272 meet the treatment plant's needs during the winter months. However, during the warmer summer months, the electric blower does not have enough capacity to meet the demand. This project will investigate the projected aeration air needs, determine blower capacities, examine renovation /replacement alternatives as well as investigate the impacts of aeration leak repairs,for the electric blower to ensure it will meet the air demand all year round. District staff recently received proposals from four consulting firms for the design of the Primary Sedimentation Tanks Expansion Project and the A -Line Phase 2A Project. HDR was ranked highly in the selection process and put forth a significant level of effort, but was not selected. In recognition of their efforts, staff requested a Statement of Qualifications from HDR for the Electric Blower Renovation Project. HDR was found to be an excellent fit for the project based on their experience in designing similar projects and their staff. Therefore, staff recommends selecting HDR for this project based on their performance on the prior formal selection process and their excellent qualifications to perform the work. Staff has negotiated an agreement with HDR in an amount not to exceed $80,000 for the evaluation portion of this project. HDR may be used for the design of the renovation project, bidding, and support during construction should a project go forward. The amount for these other tasks will be negotiated later. Staff has concluded that the proposed agreement is exempt from the California Environmental Quality Act (CEQA) under District CEQA Guidelines Section 15262 since it involves planning tasks for possible future actions which the District has not approved, adopted, or funded, and the outcome of these tasks will not have a legally binding effect on later activities. Approval of this agreement will establish the Board of Directors' independent finding that this project,is exempt from CEQA. The District will conduct an environmental evaluation of any capital project that is proposed in the future as a result of these studies to determine the appropriate CEQA compliance documentation. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute a Professional Engineering Services Agreement with HDR for the Capacity Evaluation of the Electric Blower, District Project 7272, in the amount of $80,000. WPESUP \Position Papers \Penny \7272 Authorize Agreement 002.doc Page 2 of 2 Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: February 15, 2007 No.: 10.a. BUDGET AND FINANCE Type of Action: RECEIVE BUDGET REVIEW Subject: RECEIVE THE 2006 -2007 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31, 2006 Submitted By: Debbie Ratcliff, Controller Initiating Dept. /Div.: Administrative Department REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Ra t ow , �. ves ames M. Kelly, 9& General Manager ISSUE: A report of the results of a comparative review of actual and budgeted Operations and Maintenance (O &M) revenues and expenses for the first six months of the 2006 -2007 fiscal year as well as full year projections are provided in this Position Paper. In addition, any significant variances from budget for the first six months and any significant full year projected variances are discussed. RECOMMENDATION: Receive the 2006 -2007 Operations and Maintenance Budget Review for the six months ended December 31, 2006 and full fiscal year projections. FINANCIAL IMPACTS: Six -Month Review: For the first six months ended December 31, 2006, total O &M revenues are $20,458,417 compared to a budget of $20,087,494 for a positive variance of $370,923 or 1.8 %. Total O &M expenses for the first six months are $23,218,073 compared to a budget of $24,833,073 for a positive variance of $1,615,055 or 6.5 %. The six -month status reflects the financial results at a certain point in time, as of December 31, 2006, and looks favorable. Annualized Projections: The projected O &M revenues for the full year are $47,378,835 compared to a budget of $46,976,000 for a positive variance of $402,835 or 0.86°/x. Total projected O &M expenses for the full year are $52,391,550 compared to a budget of $54,207,356 for a favorable variance of $1,815,806 or 3.35 %. This favorable variance is due to cost savings in labor expense of $1,098,104, employee benefits $236,385, outside services $309,300, hauling & disposal $81,700, professional & legal $26,500, and other expenses $348,467 partially offset by an unfavorable variance of $38,000 for chemicals, $125,000 for utilities and $139,850 for repairs & maintenance. These savings reflect staffs continued focus to obtain cost reductions through their efforts to manage vacant positions and reduce costs wherever possible. NAADMIN \FINANCE \6mopp.DOC Page 1 of 3 POSITION PAPER Board Meeting Date: February 15, 2007 subject: RECEIVE THE 2006 -2007 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31, 2006 ALTERNATIVES /CONSIDERATIONS: None BACKGROUND: Six -Month Review: The table on Attachment A compares actual O &M revenue and expense for the first six months of the fiscal year to the six -month budget. Significant variance explanations are included on the table. Annualized Projections: Attachment B compares full year O &M projections to budget. Anticipated significant projected variances from the annual 2006 -2007 O &M Revenue and Expense budget are listed below: Revenue: Total O &M Revenue is projected to be $402,835 higher than budgeted mainly due to higher than expected commercial sewer service charge revenue as well as more sewer service charge revenue generated from Dougherty Valley as a result of more connections than planned in previous years. Expense: Salaries: Salaries and Wages expense is projected to be $1,098,104 or 6.06% lower than budgeted due to more capital salaries than budgeted as a result of more capital work than anticipated, under - filling of higher paid positions, and savings from budgeted positions not being filled until the second half of the fiscal year. Benefits: Benefit costs are projected to be $236,385 lower than budget for the full fiscal year. Retiree medical premiums are slightly lower than what was used in the budget and the number of retirements to -date is less than what was anticipated in the budget. Also, there are additional savings in salary- driven benefits due to salaries being projected lower than budget. Chemicals: Chemicals expense is projected to be $38,000 over budget due to a transition to use bulk storage tanks to store polymer. Large purchases were made to initially fill the storage tanks, which will cause overage for the year. Utilities: Utilities expense is projected to be $125,000 higher than budgeted due to landfill gas not being available in September and October due to a compressor outage and gas moisture problems which caused a heavier use of natural gas to operate the furnace and boilers. N:\ADMIN \FINANCE \6mopp.DOC page 2 of 3 POSITION PAPER Board Meeting Date: February 15, 2007 Subject: RECEIVE THE 2006 -2007 OPERATIONS AND MAINTENANCE BUDGET REVIEW FOR THE SIX MONTHS ENDED DECEMBER 31, 2006 Repairs & Maintenance: Repairs & Maintenance expense is projected to be $139,850 over budget primarily due to the unanticipated costs to clean the sludge blending tank and the cost to repair the turbo blowers and manifolds on the standby engines. Hauling & Disposal: Hauling & Disposal expense is projected to be $81,700 lower than budgeted due to more frequent use of the least expensive disposal site for ash removal, lower grit removal expense as a result of dry weather and a reduction in janitorial services costs due to a new contract. Outside Services: Outside Services expense is projected to be $309,300 lower than budgeted as a result of less need for temporary employees than had been anticipated at CSO, use of in -house resources rather than using a contractor service for quality assurance, postponement of full implementation of a GPS system for CSO as well as a vibration monitoring program for the pump stations, and savings in the technical training, conferences & meetings account due to fewer conferences to be attended than anticipated during the budgeting process. Other Expenses: Other Expenses is projected to be $348,467 lower than budgeted due to lower election cost than anticipated. The actual cost per voter was significantly lower than the estimate given to us by the County that was used during the budgeting process. The Revenue over Expense results for the 2006 -2007 O &M budget anticipated a decrease to the O &M Fund balance of $7,231,356. 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FY 2006 -07 CAPITAL IMPROVEMENT BUDGET MID -YEAR STATUS REPORT February 15, 2007 Projected FY 2006 -07 Capital Program Activity *SCF Balance beginning FY 2006 -07 (711106) approximately $55.8 M ** (November 2006 estimate) Budgeted 2006 -07 Projected 2006 -07 Total expenditures +Alhambra Valley Mainline Financing $34.8 M $40.9 M $1.5M Total revenue $38.8 M $34.1 M ($36.1 M)** Variance + $4 M - $8.3M (- $6.3 M)- SCF balance * $59.8 M $47.5 M ($49.5 M)** *SCF Balance beginning FY 2006 -07 (711106) approximately $55.8 M ** (November 2006 estimate) FY 2006 -07 Capital Budget by Program Program Baseline 2006 -07 expenditures Budgeted Total 2006 -07 expenditures Projected Actual 2006.07 expenditures Treatment $ 6,200,000 $ 9,700,000 $10,500,000 Plant Collection $ 16,300,000 $ 19,700,000 $23,700,000 System General $ 2,200,000 $ 5,000,000 $6,400,000 Improvements Recycled $ 300,000 $ 400,000 $300,000 Water Total $ 25,000,000 $ 34,800,000 $40,900,000 % Increase 17% Price Escalation in Public Construction August 2006 Survey of 166 Public Owners* ■ 91% experienced price increase ■ 45% experienced decrease in # of bidders ■ Average price increase fy 2005 -06 16% ■ Average price increase fy 2004 -05 13% ■ Inflationary pressures — 46% cited oil & gas — 27% cited steel ■ 93% expect price escalation fy 2006 -07 ■ Predict average price increase fy 2006 -07 11 % - Conducted by Market Measurement, Inc. N NACWA 2007 Winter Conference The Rising Cost of Clean • Material cost escalation will continue at 6 -8% with spikes of 10 -13% annually • Labor cost escalation will be 5% annually • Recommend budget for 6 -8% escalation per year for foreseeable future • Financial reality .... we will not be able to keep rate increases to CPI • Affordability will become an issue and some utilities are looking at reduced rates for low income • Outreach is more and more important to communicate the value we provide to our rate payers 2006 -07 Major Projects Treatment Plant 3 Budgeted Projected actual Comments UV Disinfection Expansion $2,492,000 $1,730,000 Behind schedule, will be on line for 2007 wet weather Plant Control System $1,000,000 $1,380,000 - Improvements Chemical Feed Building $900,000 $1,530,000 Scope and construction cost Renovation increase POD HVAC Improvements $900,000 $1,590,000 Scope and construction cost increase Service Air Improvements $800,000 $580,000 Behind schedule Standby Power Facilities $800,000 $290,000 Behind schedule DAF Polymer System $450,000 $530,000 Improvements Other Projects $2,549,000 $2,890,000 Total $9,891,000 $10,500,000 3 2006 -07 Major Projects Collection System Comment Budgeted Projected Comments HOB HVAC Improvements $1,003,000 Actual Scope and construction Concrete Corrosion M3, Minert/Arkell,St. $4,906,000 $5,040,000 cost increase Mary's (CIPP) $1,000,000 $1,000,000 North Orinda Renovation — Phase 2 $2,300,000 $2,480,000 Added sites, construction cost Improvements increase Alhambra Valley Trunk Sewer $1,500,000 $2,170,000 Construction cost increase M4A Force Main Replacement $1,415,000 $3,500,000 Difficult site, construction cost Other Projects $966,000 $1.070.000 increase Walnut Creek Renovations — Phase 4 $1,379,000 $2,340,000 Added sites, construction cost 2006 -07 Major Projects - Recycled Water All projects $390,000 increase Danville Renovation — Phase 1 $1,200,000 $1,070,000 Developer Sewers $1,180,000 $1,050,000 TV Inspection Program $900,000 $630,000 A -Line — Phase 2A $620,000 $1,030,000 Ahead of schedule Other Projects $3,298,000 $4,390,000 Total $19,652,000 $23,700,000 2006 -07 Major Projects - General Improvements 4 Budgeted Projected Comment actual HOB HVAC Improvements $1,003,000 $2,510,000 Scope and construction cost increase Vehicles and Equipment $1,000,000 $1,000,000 CSOD Caltrans Site $800,000 $1,030,000 Construction cost increase Improvements CSOD Facility Improvements $800,000 $370,000 - Information Technology $450,000 $420,000 - Other Projects $966,000 $1.070.000 - Total $5,019,000 $6,400,000 2006 -07 Major Projects - Recycled Water All projects $390,000 $300,000 - 4 Projected FY 2006 -07 Capital Program Activity *SCF Balance beginning FY 2006 -07 (7/1106) approximately $55.8 M ** (November 2006 estimate) Budgeted 2006 -07 Projected 2006.07 Total expenditures +Alhambra Valley Mainline Financing $34.8 M $40.9 M $1.5M Total revenue $38.8 M $34.1 M ($36.1 M)** Variance + $4 M - $8.3M (- $6.3 M)** SCF balance * $59.8 M $47.5 M ($49.5 M)** *SCF Balance beginning FY 2006 -07 (7/1106) approximately $55.8 M ** (November 2006 estimate)