HomeMy WebLinkAbout02/05/2009 AGENDA BACKUPCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009 No.: 4.c. Consent Calendar
Type of Action: AUTHORIZE AGREEMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH TESORO REFINING AND MARKETING COMPANY FOR THE SALE OF
APPROXIMATELY 526 FEET OF ABANDONED M4 -A FORCE MAIN
Submitted By: Initiating Dept /Div.:
Wesley Adams, Assistant Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
I-Lin) 11T� .;P� W �-/ tA
(IVVJ 6ZA
Adams A. owiak ' cki A. Farrell K. Alm mes M. Ily,
general Manager
ISSUE: The Board of Directors' authorization is required for the General Manager to
execute an agreement with Tesoro Refining and Marketing Company for the sale of
approximately 526 feet of abandoned M4 -A force main.
RECOMMENDATION: Authorize the General Manager to execute an agreement with
Tesoro Refining and Marketing Company for the sale of approximately 526 feet of
abandoned M4 -A force main.
FINANCIAL IMPACTS: Savings of approximately $26,000.
ALTERNATIVES /CONSIDERATIONS: The District would be required to remove
approximately 526 feet of abandoned 21 -inch concrete coated, mortar -lined steel pipe
for the construction cost of approximately $26,000.
BACKGROUND: The M4 -A Force Main Reconstruction, DP 5410, replaced one of the
pressurized force mains from the Fairview Pumping Station. The original M4 -A force
main was located in the public right of way, mostly above - ground parallel to
Waterfront Road. It had several leaking joints and was subject to tidal action. The
force main's proximity to Waterfront Road subjected it to potential impact from heavy
trucks en route to Tesoro Refinery and Acme Landfill. As part of the reconstruction
project, the above - ground portions of the M4 -A force main were to be removed and
disposed of.
In the winter of 2006, the District's Contractor began removal of the abandoned M4 -A
force main pipeline. Tesoro Refining and Marketing Company realized that the
District's existing force main has served as a protection for Tesoro's large fuel
transmission lines adjacent to the force main. Tesoro Refining and Marketing Company
requested that the District leave in place approximately 526 feet of the abandoned
WPESUMCbradley \POSITION PAPERS\Antkowiak \Tesoro Sale - Authorize Agreement PP.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: February 5, 2009
Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE AN AGREEMENT
WITH TESORO REFINING AND MARKETING COMPANY FOR THE SALE OF
APPROXIMATELY 526 FEET OF ABANDONED M4 -A FORCE MAIN
21 -inch force main at the intersection of Waterbird Way and Waterfront Road (see
Attachment 1).
District staff and Tesoro Refining and Marketing Company have negotiated a Pipeline
Transfer Agreement and Bill of Sale for $1 that states the terms and conditions of the
District's transfer of the abandoned portion of M4 -A pipeline. This will save the District
$26,000.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
agreement with Tesoro Refining and Marketing Company for the sale of approximately
526 feet of abandoned M4 -A force main.
N: \PESUP \Cbradley \POSITION PAPERS\Antkowiak \Tesoro Sale - Authorize Agreement PP.doc Page 2 of 3
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Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009
Type of Action: APPROVE TRAINING
No.: 4.d. Consent Calendar
subject: APPROVE ATTENDANCE FOR GENERAL MANAGER JAMES KELLY AT
WATER AND WASTEWATER ACADEMY LEADERSHIP TRAINING
Submitted By:
Suzette L. Crayton
Executive Assistant
Initiating Dept. /Div.:
Administration
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
i
SRI,-
James M. elly,
General lonager
ISSUE: Board of Directors' authorization is required for training if the cost exceeds
$1,000 and is not previously approved in the budget.
RECOMMENDATION: Approve attendance for General Manager James Kelly for the
2009 Water and Wastewater Leadership Academy Training from March 8 -20, 2009.
FINANCIAL IMPACTS: Training /tuition cost and travel is estimated to be $16,000. A
portion of the total cost, $6,000, will be paid through Mr. Kelly's Professional
Development allowance.
ALTERNATIVES /CONSIDERATIONS: The Board may deny the approval of the
training attendance.
BACKGROUND: General Manager James Kelly has requested to attend the Water
and Wastewater Academy Leadership training (brochure is attached). Mr. Kelly applied
to the Leadership Academy last year in response to the Board's suggestion that he
work to further develop his leadership skills. Only a few leaders in the water/
wastewater profession are admitted to this academy each year based on their resumes
and submitted application. Mr. Kelly was on the waiting list last year, and was accepted
to the academy this year. The training will be beneficial to his role at the District.
RECOMMENDED BOARD ACTION: Approve attendance for General Manager James
Kelly at Water and Wastewater Academy Leadership training at the University of North
Carolina at Chapel Hill, North Carolina, from March 8 -20, 2009.
H: \General Manager Directory\Position Papers \Leadership Academy Training Approval.doc
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Water and Wastewater
Leadership Center
Water Environment '\`
NACWA Nj�F-;,E�,rnal, ion' American Water Works
Association
2 '� O � Water and Wastewater
Leadership Center
Leadership has become a topic of great interest for water and wastewater utility
management. To address this important issue, The National Association of
Clean Water Agencies (NACWA), the Association of Metropolitan Water
Agencies (AMWA), the American Water Works Association (AWWA) and the
Water Environment Federation (WEF) developed a joint- venture Water and
Wastewater Leadership Center for utility leaders.
Established in 2000, the goal of the Leadership Center is to
prepare and develop leaders and management executives for
water and wastewater utilities throughout the United States,
so these organizations can meet customers' current and
future demands for the highest level of service, quality and
efficiency.
The Leadership Center consists of a 12 -day residential
leadership development program, unlimited peer networking,
an online resource center, and optional faculty mentoring. In
addition, a 2 1/2 day Alumni Program 18 months later allows
students to refresh, reconnect, and reinforce the core
elements gained from the initial residential program.
Leadership Center participants will learn a wide - variety of
leadership and management skills throughout this intensive
professional training program.
"The Leadership Center was key
to my developing a philosophy
of leadership that drives my
thoughts, attitudes and actions
as 1 strive to improve myself
and my utility."
► D. Allen Saxon, Jr.
2005 Alumnus, Assistant Director
for Wastewater Treatment, Augusta
Utilities Department, GA.
"The instructors are top- notch.
Everything about the program
exceeded my expectations."
P. Karen Pallansch
2004 Alumna, Engineer /Director,
Alexandria Sanitation Authority, VA.
LEADERSHIP CENTER TRAINING
BENEFITS YOU AND YOUR UTILITY
Participants will learn how to better themselves and
improve their leadership style. Students will:
• Learn how to think and act like a leader
• Enhance their ability to make decisions and lead
confidently
• Develop strategic thinking skills
• Learn to provide leadership in challenging situations
• Understand the changing global economic
environment
• Enlarge their perspective on what is possible for their
utility
• Increase the focus on results, productivity and higher
levels of achievement
• Broaden their understanding of the evolving utility and
its changing business environment
WHO SHOULD ATTEND?
The Leadership Center's curriculum is designed for
current and up- and - coming water and wastewater
utility leaders including CEOs, General Managers,
Senior Managers and upper -level management.
EARLY APPLICATION IS ENCOURAGED!
Complete your application today! The deadline
for application is December 12, 2008. Due to the
popularity of the Leadership Center, the 2009
session is expected to fill to capacity quickly, so early
application is strongly encouraged. Applications are
considered in the order in which they are received
however please note that preference is given to
applicants from municipalities based in the United
States.
KEY COURSE ELEMENTS DEMONSTRATE
LEADERSHIP STRATEGIES THROUGH:
• Utility business assessment, personal performance
evaluation and improvement planning
• Self- awareness and assessment
• Preparation of individual action plans
• Examination of challenges facing public utilities in the
future
• Discussions on water and wastewater industry topics
CURRICULUM FOCUSES ON IMPORTANT
LEADERSHIP ISSUES SUCH AS:
• Business Culture and Industry Analysis
- Megatrends, business environment and leadership
challenges
- Potential futures for the water and wastewater
industry
- External challenges to public utilities and the
industry
• Leadership and Personal Assessments
• Speaking the Language of Leadership— Effective
Communications
• Service Quality
• Crisis Management
• Information Technology
• Leading Change
• Developing Negotiation Skills
• Finance Fundamentals and Innovative Investment
Strategies
• The Human Side of Human Resources - Organizational
Issues
• Empowerment and Strategic Leadership
ONLINE INFORMATION RESOURCE
Participants also have access to the Leadership
Center website, which serves as an information
network for alumni. The site provides contact
information for Center professors and handy
program information.
ALUMNI PROGRAM — RECONNECT,
REFRESH, AND REINFORCE
Graduates of the Leadership Center should plan
to attend a 21/2 day Leadership Development
Experience, 18 months after completing the initial
12 -day program. The Alumni Program allows students
to reconnect with classmates and faculty, while a
tailored curriculum reinforces the core elements taught
in the program.
Alumni that are unable to attend the program directly
following their Leadership Center graduation are
welcome to attend in subsequent years. A $1,000
deposit is included in the Leadership Center tuition for
the 2010 Alumni Program. This deposit will be applied
to the student's Alumni Program tuition at the point of
application for the fall 2010 program.
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Brocato, Water and Wastewater Leadership Center, 1816 Jefferson
Place, NW, Washington, DC 20036 -2505 or e- mailed to
kbrocato a nacwa.org
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Kelly A. Brocato
Director of Melnhership Development
Phone: 202- 833 -1449
E -Mail: khrocato a n icwa.org
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009
Type of Action: ADOPT RESOLUTION
No.: 4.e. Consent Calendar
Subject: ADOPT A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM
FIRAS JANDALI, AMEENA KAMAL JANDALI, AND ELIZABETH A. SHEBESTA
(DISTRICT JOB 4950B — PARCEL 1-)
Submitted By: Initiating DeptJDiv.:
Ricardo Hernandez, SR/WA Engineering /Environmental Services
Senior Right of Way Agent
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
R. Hernand . Gro un C. Swanson
01��4 -
ames M Kelly,
General Manager
ISSUE: A resolution of the Board of Directors is required to accept or quitclaim
easements and to record documents.
RECOMMENDATION: Adopt a resolution accepting a grant of easement and
authorizing staff to record the document with the Contra Costa County Recorder.
FINANCIAL IMPACTS:
sewer easement.
$7,800.00 was paid to the property owner for the permanent
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: In 1999, the District replaced an existing sewer
through a steep vacant lot at 2119 Valente Circle, Martinez. In
2007, a conflict between the sewer and a new home under
construction at the site was discovered. Staff determined the
replacement sewer was installed outside of the existing easement
and negotiated a settlement with the owner including purchase of a
new easement to accommodate the new alignment.
The reimbursement agreement with the City of Martinez does not
apply in this case since the easement was purchased to
accommodate a District project.
SITE
PACHECO
VICINITY MAP
N.T.S.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting a grant of easement
from Firas Jandali, and Ameena Kamal Jandali, and Elizabeth A. Shebesta, and
authorizing staff to record the document with the Contra Costa County Recorder.
*Easement parcel numbers are for internal job log use only.
N: \ENVRSEC \Position Papers \Hernandez R\2009 \PP Jandali Parcel 1 - Acceptance of GOE 02.05.09 Final.doc Page 1 of 1
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009
Type of Action: ADOPT RESOLUTION
No.: 4.f. Consent Calendar
Subject: ADOPT A RESOLUTION ACCEPTING GRANTS OF EASEMENTS FROM
PROPERTY OWNERS IN THE ULFINIAN WAY NEIGHBORHOOD, MARTINEZ
(DISTRICT PROJECT 5975 — PARCELS 4, 6 & 7 *)
Submitted By: Initiating Dept. /Div.:
Ricardo Hernandez, SR/WA Engineering /Environmental Services
Senior Right of Way Agent
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
R.
P147 WA-- 4eza
Swanson A. Farre ames M. elly,
General Manager
ISSUE: A resolution of the Board of Directors is required to accept or quitclaim
easements and to record documents.
RECOMMENDATION: Adopt a resolution accepting grants of easements and
authorizing staff to record the documents with the Contra Costa County Recorder.
FINANCIAL IMPACTS: The amount paid for the new permanent sewer easements is
$3,700 for Parcel 4, $4,100 for Parcel 6, and $4,100 for Parcel 7.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: The District replaced approximately 800 feet
of existing 6 -inch sewers with new 8 -inch sewers as part of the
Martinez Sewer Renovations Project, Phase 1 (District Project
5975). The pipes are located within the backyards of nine
residential properties in the Ulfinian Way neighborhood.
SITE
Six of the nine properties only had existing five -foot wide sewer
easements. District staff desires to increase the width of
easements to ten -foot wide to provide better access for future
maintenance activities and to mitigate the potential for future
encroachments over the new sewers.
The District has made voluntary offers to acquire ten -foot wide
sanitary sewer easements to these six property owners. The
owners of Parcels 4 6 and 7 as lief d ' Att h
0
cc
Is e m ac ment 1, have VICINITY MAP
signed the grants of easements. With these grants, the District N.TS.
has now acquired expanded easements from four of the six properties.
IU
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N: \ENVRSEC \Position Pape rs\Herna ndez R\2009 \PP Parcels 4,6,7 Acceptance of GOES 02.05.09 Final.doc Page 1 of 3
POSITION PAPER
Board Meeting Date: February 5, 2009
subject. ADOPT A RESOLUTION ACCEPTING GRANTS OF EASEMENTS FROM
PROPERTY OWNERS IN THE ULFINIAN WAY NEIGHBORHOOD, MARTINEZ
(DISTRICT PROJECT 5975 — PARCELS 4, 6 & 7 *)
The reimbursement agreement with the City of Martinez (City) does not apply to these
easements; since prior land rights met the standard that existed at the time the District
took over the City's sewers. The additional permanent easements were to upgrade to
the current standard for the reasons stated above.
RECOMMENDED BOARD ACTION: Adopt a resolution accepting grants of easements
from the property owners of the Ulfinian Way neighborhood, listed in Attachment 1, and
authorizing staff to record the documents with the Contra Costa County Recorder.
'Easement parcel numbers are for internal job log use only.
N: \ENVRSEC \Position Papers \Hernandez R\2009 \PP Parcels 4,6,7 Acceptance of GOEs 02.05.09 Final.doc Page 2 of 3
ATTACHMENT 1
LIST OF PROPERTY OWNERS
GRANTS OF EASEMENTS (SEWER PURPOSES)
ULFINIAN WAY NEIGHBORHOOD, MARTINEZ
Parcel 4
Assessor's Parcel No.:
Property Owner(s):
Site Address:
Parcel 6
Assessor's Parcel No.:
Property Owner(s):
Site Address:
Parcel 7
Assessor's Parcel No.:
Property Owner(s):
Site Address:
374 - 141 -011 -6
Bernard Stenson and Ruth Stenson
921 Ulfinian Way, Martinez, CA 94553
374 - 141 -009 -0
Sylva B. Dajani and Claudia M. Whitnah
941 Ulfinian Way, Martinez, CA 94553
374 - 141 -008 -2
Claudia M. Whitnah
951 Ulfinian Way, Martinez, CA 94553
N: \ENVRSEC \Position Papers \Hernandez R\2009\Attach. 1 List of property owners (PP) 02.05.09 Final.doc Page 3 of 3
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009 No.:
Type of Action: APPROVE AGREEMENT 4.g. Consent Calendar
subject: APPROVE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT
TO PROVIDE OPERATION AND MAINTENANCE SERVICES FOR THE
RECYCLED WATER DISTRIBUTION SYSTEM
Submitted By: Initiating Dept. /Div.:
Don Rhoads, Field Operations Supt. CSOD /Field Operations /Recycled Water
REVIEWED AND RECOMMENDED FOR BOARD; CTIO
_ km &JV
D. Rhoads W. Brennan K. Alm ames M. Ily,
General Manager
ISSUE: Board approval is required for agreements with other public agencies.
RECOMMENDATION: Authorize the General Manager to execute an agreement with
Contra Costa Water District (CCWD) to continue to provide operation and maintenance
services for the recycled water distribution system.
FINANCIAL IMPACTS: Since the original agreement was approved in 2004 the cost of
pipeline maintenance services and repairs paid to CCWD has totaled $55,422.39 over
the past four years. The annual cost varies depending on the number and complexity
of emergency repairs that must be made.
ALTERNATIVES /CONSIDERATIONS: The routine operation and maintenance
services and emergency repair services could be provided by other means, such as:
1. Hire and train additional staff with the Central Contra Costa Sanitary District
( CCCSD) Collection System Operations Department (CSOD).
2. Retain the services of one or more private plumbing and /or construction
contractors.
3. Retain the services of another water agency or other type of public agency.
BACKGROUND: CCCSD owns and operates approximately 11 miles of recycled water
distribution pipelines and related appurtenances. The distribution system conveys
recycled water from the CCCSD treatment facility to 30 customers in Pacheco,
Concord, and Pleasant Hill.
CCWD has provided maintenance services for the recycled water distribution system
since November 2004. Most of the work has included repairing leaks, connecting new
users and replacing water meters. The previous agreement has ended.
CSO /C: \DOCUME- 1 \eboehme \LOCALS-1 \Temp \ccwd rew09_4_1.doc
POSITION PAPER
Board Meeting Date:
February 5, 2009
subject. APPROVE AN AGREEMENT WITH CONTRA COSTA WATER DISTRICT
TO PROVIDE OPERATION AND MAINTENANCE SERVICES FOR THE
RECYCLED WATER DISTRIBUTION SYSTEM
The service provided by CCWD has been satisfactory in terms of responsiveness to
both routine and emergency requests and in quality of work.
CCCSD staff will continue to be the first responders to a leak or emergency situation, in
which case CCCSD staff will shut down the distribution system, assess the emergency
and notify CCWD.
The term of the proposed agreement is for one year with an option to extend the
agreement for up to three one -year periods, as was done with the first agreement.
The Board Recycled Water Committee reviewed this matter on January 7, 2009.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
agreement with Contra Costa Water District (CCWD) to continue to provide operation
and maintenance services for the recycled water distribution system.
C: \DOCUME-- 1 \eboehme \LOCALS--1 \Temp \ccwd rew09_4_1.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009 No.: 4.h. Consent Calendar
Type of Action: AUTHORIZE AGREEMENT AMENDMENT
Subject: AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH VALLEY ENGINEERING GROUP TO PROVIDE RELIEF
INSPECTORS AND SURVEYORS FOR THE CONSTRUCTION OF THE
DISTRICT'S 2008 -09 CAPITAL IMPROVEMENT PROJECTS
Submitted By: Initiating Dept /Div.:
Michael Penny / Associate Engineer Engineering / Capital Projects
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
M. Penny B. Thah ' cki A. Farrell ames Kelly,
General anager
ISSUE: Board of Directors' authorization is required for the General Manager to amend
an existing professional services agreement beyond staff authority limits.
RECOMMENDATION: Authorize the General Manager to amend an existing
Professional Engineering Services Agreement with Valley Engineering Group from
$287,500 to $337,500 to provide relief inspectors and surveyors on an as- needed basis
for the conclusion of the construction of the District's 2008 -09 Capital Improvement
Projects.
FINANCIAL IMPACTS: The additive cost of this amendment is $50,000.
ALTERNATIVES /CONSIDERATIONS: There are no open positions available to fill with
construction inspectors or surveyors.
BACKGROUND: Engineering Department staff provides construction management
and inspection duties on most District projects, and supplements with consultants if and
when needed. An evaluation of the workload for the 2008 -09 construction season
indicated that hiring four to six additional inspectors was necessary. Hiring temporary
inspection staff effectively addresses work load peaks and allows design staff to
continue with the design of projects for the following construction season.
At the May 1, 2008 Board meeting the Board authorized a $250,000 agreement with
Valley Engineering and a $350,000 agreement with Harris and Associates for providing
relief inspectors for the 2008 -09 construction season at the conclusion of a Request for
Proposal (RFP) process. Valley Engineering has been able to provide a greater
number of qualified inspectors and at a lower cost than Harris and Associates. Staff is
continuing to use inspectors from Valley Engineering for ongoing construction projects.
KTESUP \Position Papers \Penny \Consult Inspector 2009 PP.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: February 5, 2009
subject. AUTHORIZE THE GENERAL MANAGER TO AMEND AN EXISTING
AGREEMENT WITH VALLEY ENGINEERING GROUP TO PROVIDE RELIEF
INSPECTORS AND SURVEYORS FOR THE CONSTRUCTION OF THE
DISTRICT'S 2008 -09 CAPITAL IMPROVEMENT PROJECTS
A $37,500 amendment was issued in January 2009 to provide funds through
February 2009. The Valley Engineering agreement will be running out of funds by the
end of February 2009. Additional funds need to be added to the Valley Engineering
agreement to continue to use their inspectors through April /May 2009. Staff is currently
conducting an RFP process for selection of consultants to provide temporary inspection
staff for the 2009 -2010 construction season.
The cost for the relief inspection will be paid directly by Capital Improvement Projects
and no separate budget allocation is requested at this time. Staff estimates up to 750
hours of time plus miscellaneous charges (travel, reproduction, etc.) for relief
construction inspectors to complete the 2008 -09 construction projects.
RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an
amendment to the Professional Engineering Services Agreement with Valley
Engineering Group in the amount of $50,000 to provide relief inspectors and surveyors
on an as- needed basis for the conclusion of the construction of the District's 2008 -09
Capital Improvement Projects.
NAPESUP \Position Papers \Penny \Consult Inspector 2009 PP.doc Page 2 of 2
5.a. Hearings
PUBLIC HEARING TO CONSIDER AN ORDINANCE
ADJUSTING BOARD MEMBER COMPENSATION
SUGGESTED AGENDA
February 5, 2009
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 5, 2009 No.: 5.a. Hearings
Type of Action: ADOPT ORDINANCE
subject: PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE
ADJUSTING BOARD MEMBER COMPENSATION
Submitted By: Elaine R. Boehme Initiating Dept. /Div.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
.' Alm � -; �
E. :.
James elly,
General manager
ISSUE: Staff was directed to prepare information on Board Member compensation for
Board consideration.
RECOMMENDATION: Determine whether the Board wishes to revise the current
compensation of $221 per day of service. 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 change 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 $22 to $243 per day of service, not to exceed six days
per calendar month. If the maximum increase were taken and all Board Members
attended the maximum permitted six meetings per month, the maximum budget impact
would be an additional $7,920 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: In 2000, SB 1559 provided for increasing Board Member
compensation above the previous $100 per day of service. The chart below shows
historical changes to Board Member compensation.
POSITION PAPER
Board Meeting Date: February 5, 2009
subject PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE
ADJUSTING BOARD MEMBER COMPENSATION
Health and Safety Code Section 6489 states that the Board 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. The compensation may be increased by
up to 5% per calendar year. The Board may approve up to a 10% increase in
compensation to capture the increase not taken in 2008 and the 5% increase for 2009.
Board Members' compensation is limited to no more than six days' service per calendar
month. If the annual increases are approved, they cannot be compounded for each
prior year.
A survey was conducted of Board Member compensation at nearby sanitary districts.
Central Contra Costa Sanitary District ranks third in the range (Attachment B).
If the Board today adopts an ordinance amending the compensation, it will take effect
on April 6, 2009, 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.
If an amendment to the compensation is desired, adopt an ordinance amending the
Board Member compensation by an amount up to 10 %, to be effective April 6, 2009.
ATTACHMENT A
ORDINANCE NO. 2009-
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 each calendar year; and
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 February 2007, raising it to $221 per meeting; and
WHEREAS, since no adjustments were made since that time, the Board may
approve an increase of up to ten per cent to capture the permitted five per cent
increase not taken in 2008 and the five per cent increase for 2009; 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 6, 2009 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 $221 approved on February 15, 2007 to $ ? ?? 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.
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
ATTACHMENT A
within the Central Contra Costa Sanitary District. This ordinance shall be effective on
April 6, 2009, 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 5t" day of February 2009, by the following vote:
AYES : Members:
NOES: Members:
ABSENT: 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, 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
ATTACHMENT B
COMPARISON OF OTHER AGENCIES' BOARD COMPENSATION
West County
$265.35 2009
No automatic review
Wastewater District
$265.35 2008
510 222 -6700
$265.35 2007
Oro Loma Sanitary District
$260 2009
Reviewed every January
(510) 276 -4700
$250 2008
states COLA increase yearly,
$240 2007
but they have not received it
Inland Empire Utilities
$ 2009 July
Reviewed every July
Agency
$217.77 2008
909 993 -1600
$207.40 2007
Union Sanitary District
$212.10 2009
Reviewed on annual basis.
(510) 477 -7500
$212.10 2008
states COLA increase yearly,
$212.10 2007
but they have not received it
Delta Diablo Sanitation
$209 2009
Reviewed in January of each
District
$202 2008
year, ordinance includes
(925) 756 -1900
$191 2007
provision for increase of CPI,
(925) 625 -2279
$170 2008
up to 5%
Mt. View Sanitary District
2009 Oct
No automatic review
(925) 228 -5635 x26
$200 2008
No automatic review
Services District
$170
Castro Valley Sanitary
2009 Mar
Reviewed annually
District
$176.34 2008
510 537 -0757
$170.87
Napa Sanitation District
$174 2009
No automatic review — policy
(707) 258 -6000
$174 2008
states COLA increase yearly,
$174 2007
but they have not received it
for the last couple of years (per
District counsel
Ironhouse Sanitary District
$170 2009
No automatic review
(925) 625 -2279
$170 2008
$170 2007
Dublin San Ramon
$156 2009
No automatic review
Services District
$156 2008
925 828 -0515
$156 2007
Fairfield Suisun Sewer
$123.76 2009
No automatic review
District
$118.13 2008
707 429 -8930
$100 2007
N:\ADMINSUP\ADMIN \DIST- SEC \BOARD \Board Compensation Survey EB.doc Page 1 of 2
ATTACHMENT B
'..
OF
a 4
SAM
A <s
Vallejo Sanitation and
$100
2009
No automatic review
Flood Control District
$100
2008
707 644 -8949
$100
2007
EBMUD
$1093
2009
(Governed by different
(510) 287 -0404
$1093
2008
regulations)
$1025
per month
December 2008
N:\ADMINSUP\ADMIN \DIST- SEC \BOARD \Board Compensation Survey EB.doc Page 2 of 2
7�•�
Central Contra Costa Sanitary District
January 30, 2009
TO: BOARD OF DIRECTORS
VIA: JIM KELLY, GENERAL MANAGER
ANN FARRELL, DIRECTOR OF E N�j R ING
FROM: TIM POTTER, ENVIRONMENTAL COMPLIANCE SUPERINTENDENT
SUBJECT: BUSINESSES IN SNC FOR 2008
BACKGROUND
The District is required to report businesses permitted under the Source Control Program if
they are issued a Notice of Violation during the calendar year. The federal pretreatment
regulations establish criteria for agencies such as the District to use to determine if the
violations of a permitted business are classified as Significant Non - Compliance (SNC). If a
business is determined to be in SNC, the District is required to publish certain information
about the violation in the newspaper at least annually.
In 2005, Source Control staff, initiated a program, at the Board's request, to work more
closely with the regulated businesses to understand the actions they could take to minimize
the events when they would meet the SNC criteria. This program has been very successful
and the number of businesses reported in SNC has been significantly reduced.
BUSINESSES IN SNC FOR 2008
Unfortunately, three businesses were determined to meet the SNC criteria during calendar
year 2008:
• Diablo Valley College for mercury limit violations
• St. Mary's College for mercury limit violation
• James Marchese Chromate Coating for late reporting
The information that will be published in the Contra Costa Times is included in the enclosed
document.
The two colleges have experienced difficulty meeting the new mercury local discharge limit
that became effective September 1, 2007. Extensive investigations have been performed to
identify and control potential mercury sources from the labs on these campuses. Both
colleges identify that they have removed mercury from the laboratory experiments during
2008. The recent limit violations may be a result of residual mercury remaining in the
N: \ENVRSRV\Source Control \Enforcement\2008 SNC\2008 SNC memo.doc Page 1 of 3
laboratory wastewater pipes. Although both colleges have done some cleaning of the
laboratory plumbing, some additional maintenance may be able to be performed to address
the potential for residual mercury sources possibly causing the recent limit violations (e.g.
flushing pipes and capturing the flush water for proper disposal, P -trap replacement). If
subsequent sampling continues to documents continued violations, additional pretreatment of
the laboratory wastewater may be required. District Source Control staff will continue to work
with these campus' to investigate potential mercury sources and the control options available.
enclosure
N: \ENVRSRV\Source Control \Enforcement\2008 SNC\2008 SNC memo.doc Page 2 of 3
PUBLIC NOTICE
CENTRAL CONTRA COSTA SANITARY DISTRICT
NOTICE OF SIGNIFICANT NONCOMPLIANCE FOR 2008
Notice is hereby given that pursuant to the federal regulations contained in 40 CFR
403.8.f(2)(vii), the Central Contra Costa Sanitary District (District) is required to publish the
names of all Industrial Users (IU) of the District's public sewer system that were considered to
be in significant noncompliance (SNC) with applicable pretreatment standards or other
pretreatment requirements during the 2008 calendar year. Federal regulations establish
objective criteria for the District to use to determine if an IU is in SNC.
Discharge Quality Violations
The following IUs were found to be discharging process wastewater in violation of the
District's Local Discharge Limits in a manner that met the definition of SNC:
Industrial User
Nature of Violation
Diablo Valley College
Limit violations for mercury
321 Golf Club Road,
from the discharge from the
Pleasant Hill, CA
laboratory buildings. The
Pacheco, CA
mercury Local Discharge Limit
(LDL) was significantly reduced
effective 9/1/07.
St. Mary's College Limit violations for mercury
1928 St. Mary's Road from the discharge from the
Moraga, CA laboratory buildings. The
mercury LDL was significantly
reduced effective 9/1/07.
Follow -up Action Taken
The District issued Notice of Violations
(NOV) for the violations. The IU continues
to investigate potential sources of
mercury within the laboratory operations.
The IU reported that experiments
involving mercury in the labs have been
discontinued. Resampling to demonstrate
that the IU has returned to compliance
will occur in February 2009 since the labs
were closed due to winter break.
The District issued an NOV for the
violation. The IU continues to investigate
potential sources of mercury within the
laboratory operations. The IU reported
that experiments involving mercury in the
labs have been discontinued. Resampling
to demonstrate that the lU has returned
to compliance will occur in February 2009
since the labs were closed due to winter
break.
Reporting Violations
The following IU was found to have violated reporting requirements of the District's Source Control
Program in a manner that met the definition of SNC.
James Marchese
Submitted required report more The District issued an NOV for the
Chromate Plating
than 45 days after due date. violation. The IU submitted the required
431 North Buchanan
report. The District will monitor this IUs
Circle, No 15
compliance with established reporting
Pacheco, CA
requirements to ensure a pattern of
non - compliance does not develop.
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7
Central Contra Costa Sanitary District
January 29, 2009
TO: BOARD OF DIRECTORS f
VIA: JAMES M. KELLY, GENERAL MANAGER l
FROM: ANN E. FARRELL, DIRECTOR OF ENGI ERIN
CURTIS W. SWANSON, ENVIRONMENTAL SERVICES MANAGER
SUBJECT: FEES AND CHARGES
At this time of year we typically review all fees and charges to determine if current
amounts are appropriate. If changes are recommended by staff, information is provided
to the Board and if the Board concurs, public hearings are set and the fee changes are
implemented. In light of the current economic slowdown, staff has taken a careful look
at all fees and charges to determine if full cost recovery is being obtained and further to
develop recommendations on whether increases in fees are appropriate. In most cases
where full cost recovery is not occurring, the additional revenues gained from full cost
recovery are minor and the increase in fees could have a negative impact on struggling
businesses in our community. For this reason, staff has minimized recommended
increases in fees this year. The following memo summarizes our recommendations.
Staff is looking for Board review and concurrence or additional direction.
District Code Title 6, Fees and Charges, contains twelve Chapters that define District
fees, rates and charges. Of these, the six that follow may require periodic updating:
Chapter 6.08 — Annexation Charges
Chapter 6.12 — Capacity Fee Program
Chapter 6.30 — Schedule of Environmental and Development - Related Rates and
Charges
Chapter 6.34 — Sewer Service Charges
Chapter 6.38 — Recycled Water Charges — Landscape Irrigation
Chapter 6.40 — Hazardous Waste Handling and Disposal Charges for
Conditionally Exempt Small Quantity Generators
The focus of the January 29, 2009 Financial Planning Workshop was Sewer Service
Charge, our largest source of revenue. However, our other fees, rates and charges
should also be reviewed periodically. The following is a discussion of staff's
recommendation for updating these six categories of fees, rates and charges for the
2009 -10 fiscal year.
CADocuments and Settings\afarrell\Desktop \Fees and Charges prelim Memo to Board.doc
Chapter 6.08 — Annexation Charaes
Annexation Charges are intended to recover the administrative and related costs
associated with adding new territory to the District. These costs include fees paid to the
Contra Costa County Local Agency Formation Commission (LAFCO) and the State
Board of Equalization (SBE), as well as staff time to receive annexation petitions,
prepare annexation packages (including maps and parcel descriptions), and administer
the process. Annexations of new subdivisions are billed at cost, by setting up an
account and tracking and billing the costs separately. A deposit fee of $2,400 is
charged up front for these large annexations. For infill parcels being annexed,
Annexation Charges are currently $574 per parcel. These fees are not paid until the
parcel connects. Staff has been working on processing a backlog of outstanding
annexations and has been carefully tracking costs. It appears that our current fees
adequately recover our costs.
Recommendation: Make no changes to annexation fees.
Chapter 6.12 — Capacity Fee Program
Capacity fees are applied to all new connections and for capacity increases at existing
connections. The capacity fees are based on the total asset value of District facilities,
property, and fund balances. The value of appropriate contributed facilities, and assets
constructed through our Capital Improvement Program are added to the total asset
value each year. Based on this new asset value (net of depreciation and escalation)
new capacity fees are calculated. It has been Board policy for the last several years to
yearly adjust these fees to ensure that new connections are paying their fair share to
buy into District assets. Staff recommends that this policy be continued to ensure that
growth pays for growth. Staff has calculated the capacity fee adjustments for fiscal year
2009 -10. The gravity service Capacity Fee calculates to $5,298 per connection, a 7.6%
increase from last year, and the pumped service capacity fee calculates to $6,949 per
connection, a 6.8% increase from last year. The details of these calculations will be
provided to the Board Finance Committee at their February 17, 2009 meeting and to the
full Board at the March 5, 2009 meeting.
Recommendation: Increase capacity fees by approximately 7% to ensure that new
development buys in to all existing assets.
CADocuments and Settings\afarrell \Desktop \Fees and Charges prelim Memo to Board.doc
Chapter 6.30 - Schedule of Environmental and Development - Related Rates and
Char es
Environmental Rates and Charges -
The Environmental Rates and Charges are those that apply to our Source Control
program. In early 2006, it became apparent that one of the necessary steps to allow us
to meet our ever tightening permit requirements would be permitting of a large number
of small businesses. For example, the District recently implemented a mandatory
amalgam separator program for all dentists who use or remove amalgam. As part of
our new local limits, we will be attempting to reduce the copper in our effluent by
regulating the discharge of vehicle maintenance facilities. In recognition of the benefit
to all District ratepayers from the increased cost of compliance for these businesses, the
Industrial User Permit Application Fees and Permit Fees for Class III Industrial
Dischargers were set to zero by the Board effective July 1, 2006.
Recently Source Control staff reviewed fees for Class II Industries, Special Discharge
Permits and Trucked Waste Haulers to determine if any adjustments are warranted.
Special Discharge Permit Fees: The staff review indicates that a typical Special
Discharge Permit (SDP) for a simple site that does not require an inspection, such as
groundwater from a well monitoring site, costs $260 to administer but we are currently
charging $65. If an inspection is required for a project like groundwater remediation or
construction dewatering, the SDP cost to administer increases to about $750, but we
currently charge $345. There is some logic to keeping these fees low, i.e. subsidizing
them through the general rate base, to minimize incentives for illegal dumping. If we
were to increase these fees to totally recover our costs, it would result in an increase in
revenue of approximately $14,000 per year based on a typical year of 10 SDP's with no
inspection and 30 SDP's requiring inspection.
Recommendation: Based on the small amount of additional revenue that would result
from increasing these fees and the potential disincentive to properly dispose of special
discharges, staff recommends that no change be made to these fees at this time.
Class II Industrial Dischargers Permit Fees: The staff review of our costs to permit
Class II Industrial Users indicates that a typical cost per permit is about $4,440. We are
currently charging $3,256. If we were to increase these fees to totally recover our costs,
it would result in an increase in revenue of approximately $27,000 per year based on 23
active Class II permits per year.
Recommendation: Based on the small potential increase in revenue that would be
created by raising Class II Industrial Discharge Permit Fees and on the difficult current
business climate for many of our area businesses, staff recommends that we do not
increase these fees at this time.
CADocuments and Settings\afarrell \Desktop \Fees and Charges prelim Memo to Board.doc
Septage Disposal Fees (Trucked Waste): The septage disposal fees contain two
components, an annual permit fee for companies wishing to dispose at our facility, and
an actual disposal fee which is paid each time they access the facility. The disposal fee
has both an administrative component and a treatment component. Staff will conduct a
review of these fees over the next year to determine if they are appropriate. This review
will require sampling and testing of the truck disposed waste streams.
Recommendation: Make no changes to the trucked waste fees this year, but begin a
study so that these fees can be analyzed in more detail next year.
Development - Related Rates and Charges -
Each year, Development - Related Rates and Charges are reassessed based on the
tracking of labor and other costs required for plan review and construction inspection,
and CSO, right -of -way and miscellaneous services. Typically, several rates and charges
are increased, a few may be decreased, some new charges may be added and a few
others eliminated, Staff has recalculated rates and charges based on current levels of
effort and overhead to determine if current rates are capturing District costs
appropriately. Of the more than 60 individual fees, the majority of the potential changes
are minor and staff recommends retaining the current fee. There are less than 10
categories of fees where staff believes a change may be warranted. A detailed
discussion of these will be presented to the Board Finance Committee on February 17,
2009 and the full Board at the March 5, 2009 Board meeting.
Recommendation: Maintain the majority of the over 60 development related fees at
current amounts. In less than 10 categories, where cost recovery is significantly more
or less than expense, consider updating fees.
Chapter 6.34 — Sewer Service Charge
This year a new Sewer Service Charge proposal will need to be considered and
adopted by the Board. The January 29, 2009 Board Financial Planning Workshop
focused on the potential scenarios for a sewer service charge increase.
Chapter 6.38 — Recycled Water Charges — Landscape Irrigation
On July 1, 2002, a revised recycled water rate structure was put in place to increase the
cost recovery for the Recycled Water Program while maintaining rates competitive with
users' alternative water supply sources, whether canal or potable water. Further, a 3%
escalation clause was incorporated such that rates are automatically increased by 3%
on July 1 of each year to attempt to cover the increasing costs of the Program. This
rate structure will remain in place, with no need for annual updates, until staff or the
Board determines that changes would be beneficial to the District.
Recommendation: Continue with the 3% annual increase in recycled water rates.
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Chapter 6.40 — Hazardous Waste Handling and Disposal Chartres for
Conditionally Exempt Small Quantity Generators (CESQG)
The CESQG charges were updated in March of 2004 to more fairly recover costs from
small business participants by adding a $20 drop off fee per visit to cover administrative
costs. In September 2007 the Philips Services Corporation contract for providing
hauling, disposal and contract labor expired. However, after a rigorous selection
process, they were again selected to continue their services to the District. The terms
and conditions of the new contract have been defined and do not represent a significant
increase over the old contract. Staff has evaluated the cost of the CESQG program in
light of the new contract as well as other factors and has determined that full cost
recovery is not occurring. Staff's review of 2007 actual costs and revenues indicates
that only about 66% of the costs of the program are being recovered. In 2007 the cost
of disposal and administration was about $60,000 while only $40,017 was recovered
through fees. This represents a difference of about $20,000. There are a number of
ways to recover these additional costs, ranging from raising the administration fee only
to raising the costs for disposal of a number of the most often disposed items, such as
paint. All of the options would increase the fees to the small businesses that patronize
the Household Hazardous Waste Facility. Staff estimates that a typical disposal of 27
gallons of paint which currently costs $87.50 would need to be raised to more than $120
to recover all costs.
Recommendation: Due to the current difficult economic climate which is severely
impacting small businesses, and to the benefit to all rate payers of keeping hazardous
materials out of the collection system and the treatment plant, staff recommends that
the CESQG fees not be increased this year. A more detailed analysis will be presented
to the Board Household Hazardous Waste Committee at their February 11, 2009
meeting.
CADocuments and Settings \afarrell \Desktop \Fees and Charges prelim Memo to Board.doc
Item No. 7.a.2.
Rate - Setting Approach For
2009 -2010
Fees, Rates & Charges
Curtis Swanson
Environmental Services Division
Manager
February 5, 2009
Types of Fees, Rates & Charges
• Capacity Fees
• Annexation Charges
• Development Services Rates &
Charges
• Environmental Fees (Source Control)
• Recycled Water Rates
• HHW Small Generator Rates
Sewer Connection - Related Fees
• Annexation Charges — No change.
Existing fees recover costs.
• Capacity Fees — Increase 7% according
to existing formula approved by the
Board. "Growth pays for growth."
Development Services
Rates & Charges
• 73 rates & charges in this category.
• No changes to 54 rates & charges this
year.
• Staff proposes to revise or adjust 19
rates:
Revise rate structure -7
Increase rates -3
Decrease rates -9
2
Remaining Rates & Charges
• Environmental Compliance Fees - no change.
- Full cost recovery would result in a 25%
increase in costs to small businesses.
• HHW Small Generator Rates - no change.
- Full cost recovery would result in a 23% to
42% increase in costs to small businesses.
• Recycled Water Rates — 3% annual increase
previously approved by the Board.
3
Agenda Item 7.a.3)
Board Meeting of February 5, 2009
Written Announcements:
Inspections
a) Results of Annual Environmental Protection Agency
Treatment Plant Inspection
On October 15, 2008, the United States Environmental Protection Agency
( USEPA)/ Regional Water Quality Control Board conducted an annual
compliance evaluation inspection of the treatment plant. Carole Leong, an
employee of PG Environmental, LLC and a USEPA contractor, conducted
the inspection. The District received the written inspection report dated
December 31, 2008, with an overall rating of satisfactory. There are four
rating categories: not evaluated, unsatisfactory, marginal, and
satisfactory. No major findings were identified in the inspection.
b) Source Control Program Inspection Scheduled
The District's Source Control Program will be inspected on February 25
and 26, 2009 by Tetra Tech to ensure that federal pretreatment standards
are being met. Tetra Tech is a contractor used by the US Environmental
Protection Agency and the Regional Water Quality Control Board. The
inspection focuses primarily on the businesses permitted by Source
Control, and involves reviewing files and records, and accompanying our
inspectors in the field to review our inspection procedures. This inspection
offers an opportunity to identify many of the positive program efforts
initiated to control the discharge of pollutants into the District's system.
The inspection is very detailed and thorough, and usually has some action
items for which we need to respond. The findings from the inspection are
presented to the District in a written report that is often received several
months afterwards. A report summarizing the findings and the District's
response will be presented to the Board after the report is received.
Traini�
c) Racial Harassment/Diversity Appreciation Training
Jahmal Davis, Esq., of Hanson Bridgett, will be conducting Racial
Harassment/Diversity Appreciation Training at CSO on February 9 and 10,
2009. Mr. Davis is a Senior Associate with the firm. Mr. Davis spoke on
this topic at the 2008 CALPELRA and received high marks for his
presentation. CSO has an increasingly diverse workforce and a number
of new employees who have not received similar training. This training
will be provided to all field crews, vehicle shop employees, office staff, and
pumping station employees.
Meetings /Events
d) Special Day in the District for CASA Members
CASA is organizing a special day in the District for all members. The
concept is for CASA member agencies to meet with their State Senators
and Assembly persons at their offices in the District. Friday, February 13,
2009 is being targeted for these meetings. District staff would like Board
members to attend also. We may want to use this opportunity to discuss
the potential of supplying recycled water to refineries. Staff is requesting
that Board Members check their calendars and advise the Secretary of the
District if they would be available.
e) 2009 GM Annual Group Talks Scheduled
General Manager Jim Kelly will be conducting his Annual Group Talks.
During the talks, he will update employees on the state of the District and
answer questions. The talks were scheduled at various times so that each
employee would have an opportunity to attend. Administration talks are
scheduled for February 11t and February 20th at 1:30 p.m.; CSO talks are
scheduled for February 23rd at 7:30 a.m.; Engineering talks are scheduled
for February 25th at 10:30 a.m. and February 26th at 8 a.m.; and POD talks
are scheduled for February 18th at 8 a.m. and 2 p.m. All talks will take
place in the Multi- Purpose room with the exception of the CSO talk, which
will take place in the CSO Conference Room.
f) Orinda City Council Presentation for Miner Road Sewer
Renovation Proiect
The City of Orinda has asked the District and East Bay Municipal Utilities
District ( EBMUD) to make a joint presentation at a City Council Meeting
this summer on respective projects that will impact Miner Road. The focus
of the presentation is on potential impacts during construction, and how
the District and EBMUD are coordinating their projects with the City to
reduce impacts. The presentation is tentatively scheduled for the Tuesday,
February 17, 2009 Orinda City Council Meeting which starts at 7 p.m. and
will be held in the Orinda Library Auditorium. Once the meeting date and
time are confirmed, staff will notify the Board.
Agenda Item 7.a.3)
Board Meeting of February 5, 2009
Additional Written Announcements:
Meetings /Events
g) Danville Sewer Renovation Project (Phase 2) Public
Workshop
The District will host a public workshop at Los Cerros Middle School
located at 968 Blemer Road in Danville on Tuesday, February 10, 2009
from 7:00 p.m. to 8:00 p.m. The project will replace approximately 1,300
linear feet of 6 -inch sewer lines within public right -of -way by open -cut
method. This project is being bid early this year at the request of the
Town of Danville so that paving on Valle Vista can be completed during
the summer of 2009.
h) CASA Day Meeting in the District is Confirmed
The meetings for the "CASA Day in the District" Program are confirmed.
This is a program where CASA agencies throughout the state will meet
with their State representatives to discuss unique issues. CASA State
Lobbyist staff have set up the meetings to accommodate all of the sanitary
agencies as well as assuring that agencies are meeting with as many
representatives as possible. District staff and Board Members have been
assigned to meet with Assemblyperson Buchanan on Friday, February 13,
2009 at 11:45 a.m., and with Assemblyperson Skinner on Friday, March
6, 2009 at 10 a.m. We will be joined at the meeting with Assemblyperson
Skinner by staff and Board Members of Stege Sanitary District. Other Bay
Area wastewater agencies have been assigned to meet with
Assemblyperson Torlakson and Senator DeSaulnier. Staff would like to
have at least one District Board Member attend each of the meetings. If
you are available at the date and time assigned, and have an interest in
attending, Secretary of the District Elaine Boehme. Attendees will be
finalized when we hear back from the Board.
General Information /Updates
i) Pharmaceutical Collection Program to Begin February 11
On February 3, 2009, the Walnut Creek City Council approved the
Memorandum of Understanding with the District to conduct a
Pharmaceutical Collection Program at City Hall. With this approval, the
District and its partners will begin the Pharmaceutical Collection Program
on Wednesday, February 11, 2009. Collection bins will be located at the
Walnut Creek City Hall Lobby located at 1666 North Main Street, the
Contra Costa Sheriff's Office located at 1980 Muir Road in Martinez, and
the Sheriff's Substation at the Contra Costa County Regional Medical
Center located at 2500 Alhambra Avenue in Martinez. The locations will
be under supervision by either the Contra Costa Sheriff or the Walnut
Creek Police.
A press release will be issued on February 9, 2009, and the District's
website will provide information about the program. Informational flyers will
be available at the Household Hazardous Waste Collection Facility and
the Headquarters Office Building.
j) Closure of Elephant Pharmacy Chain
On Tuesday, February 3, 2009, Elephant Pharmacy closed all of their
pharmacies due to financial difficulties. Elephant was highly regarded for
being one of the area's first "green pharmacies ", and for their work in
collecting unwanted and expired pharmaceuticals. During the past fifteen
months, their Walnut Creek location collected and disposed of more than
1,200 pounds of pharmaceutical waste from area residents. The
pharmacy was also a resource for pharmacy students to obtain
experience. There is no word on whether they will reopen.
:7* J*
Board Member Reports
Barbara Hockett
January 09
Please find attached the agendas /titles for:
CASA Board Meetings
CASA Conference Sessions attended
CCSDA agenda
Contra Costa USA
CCCSD HR Committee Summary
California Association of Sanitation Agencies
CASA EXECUTIVE BOARD MEETING
Saturday, January 24, 2:109
7:30 a.m. to 9:00 a.rr-
Ironwood
Hyatt Grand Champions, Indian Wells
AGENDA
RollCall .............................................. ............................... Harry T. Price
Approval of Agenda
President's Report ................................... ............................... Harry Price
Treasurer's Report ............................... ............................... Tom Selfridge
Executive Director's Report ............... ............................... Catherine Smith
State Legislative Report .................. ............................... „.........Mike Dillon
Legal and Regulatory Affairs Report ................................ „...... Bobbi Larson
Biosolids Program Report ........................ ............................... Greg Kester
Standing Committee Reports — (Action Items Only)
Associates, Attorneys, Awards, Budget, Bylaws, Communications, Directors,
Managers, Program, Conference Arrangements, Federal Legislative &
Liaison, State Legislative, and Tri -TAC
Old Business
New Business
Renewal of Special District Leadership Foundation Partner Catherine Smith
Adjourn
Ensuring Clean Water For California
California Association of Sanitation Agencies
EXECUTIVE BOARD MEETING
Wednesday, January 21, 2009
Hyatt Grand Champions — Indian We[I:'
3:00 — 5:30 p.m.
Kachina Meeting Room
AGENDA
1.
Call to Order
Harry T. Price
2.
Approval of Agenda
H. Price
3.
Consent Calendar
Action
H. Price
August 20 and 21, 2008
November 13, 2008
Quarterly Financial Report Ending 12/31/2008
4.
President's Report
Info /Action
H. Price
a. Evaluation Committee Update
b. Honorary Member — Wyatt Troxel
5.
Treasurer's Report
Info /A¢,tion
T. Selfridge
a. Tax Returns FY 2007 -08
b. Budget Preparation 2009 -10
6.
Executive Director's Report
Info /Action
C. Smith
a. Strategic Plan
b. 2008 Annual Report
c. Appointment SWRCB WWfP Op. Cert Advisory Committee
d. Spring Conference 2010
7.
Private Sewer Lateral Task Force Report
Info /Action
D. Williams
8.
Nominations Committee Report
Info /Action
K. Azoury
a. Executive Board & Directors Chair Vacancy
9.
Name Change Ad Hoc Committee Report
Info /Action
C. Craven
10.
Legal and Regulatory Report
Info /Action
B. Larson
a. Recycled Water Policy
b. PSSEP Coalition Renewal
c. Litigation Policy
d. Request for support of candidates for appointment to SWRCB
11.
Vacaville Litigation Status and Next Steps
Information
McGaw/Thorme
12.
Federal Legislative Report
Info /A,,tion
E. Sapirstein
13.
State Legislative Report
Info /A(�tion
M. Dillon
14.
Biosolids Program Report
Info /Action
G. Kester
15.
Adjourn
Blue font = attachment
9:00 a.m. — 2:30 p.m.
CSRNIA Training Seminar
Location: Ironwood
January 22, 2009
........... .......... - ......... - .........
7:30 a.m. - 9.00 a.m.
Ccn.t!nen.tal Breakfast
Location: Vista Verde Terrace & Foyer
.........................................................
The Six Steps of the Interactive 8:00 a.m. - 5:00 p.m.
Process Registration
Risk Control Online Location: Registration Counter #2
Employee Performance Evaluations L M Foyer
.................................................... .... * ....... *'******"*** ........
8:00 a.m. — 2:30 p.m. 8:00 a.m. —12:00 p.m.
Goif Tournament TECHNICAL SESSIONS
Rancho Mirage County Club Location: Indian Wye //s L M
....................................................
12:00 p.m. — 5:00 p.m.
Registration
Location. Registration Counter #2
L M Foyer
....................................................
3:00 p.m. - 5:30 p.m.
CASA Executive Board Meeting
Location: Kachina
......................................
5:30 p.m. — 7:30 p.m.
CSR,MA Executive Board
110eeting
Location: Indian Wells 0 P
8:00 a.m. — 9-00 a.m.
AM ISSUES FCRUiM
Chair Frank Capon', Sanitation Districts
of Los Angeles County
Review cf the AB32 Scoping Plan and
its Impacts
The toadmap, to greenhouse gas reductions
has been approved by the CARD Board'
What Goes the AS32 Scoping Plan say
12.15 p.m. -1:30 p.m.
Opening Conference Lunch --w
Locatiion. Desert Vista Ballroom
For registered delegates and guests
• President's Welcome
• Executive Board Report
• Executive Director's Report
.........................................................
12-15 p.m. —1:30 p.m.
Federal Legislative
Work Group N-111eeting
Location. Ironwood
Chair Sharon Green, Sanitation Districts of
Los Angeles County
:*****"*'** ... -*-**-11111****1111**- ..............
1:40 p.m. — 430 p.m.
GENERAL SESSION
Location. Indian Wells L M
Surviving Turbulent Economic Times
1st Vice President Ron Young presiding
1:45 p.m. — 2:20 p.m.
Protecting Your Security
NACWA's Proposed Watershed Act
Charles Logue, Director of Regulatory
Affairs, Oregon is Clean Water Services
Water Recycling Policy - Status and
Lessons Learned
Francis Spivy ftber, Member
fate Water Resources Control Board
..........................................................
11:30 a.m. —1200 p.m.
New Member Orientation
Location. Nopales
,Wn CASAt President and Executive Director
to /earn about member services and programs.
3:45 p.m. — 4.30 pm.
One Water - One Watershed OWOW!
A Model Integrated Regional
Watershed Program
Celeste CantO, General Manager
Santa Ana Watershed Project Authority
6:00 p.m. — 7:00 pm.
Welcome Reception sponsored by
the CASA Associates
Location: Indian Walls I J K
All registered delegates and guests are
invited.
and how does it impact wastewater?
Investments - is LAIF Safe?
Frank Caponi
4.
Daniel Dowell, Director of Investment
9-15 a.m. -10:15 a.m.
Office of State Treasurer Bill Lockyer
LAND ISSUES FORUM
2:20 p.m. - 3:00 p.m.
Chair Mike Sullivan, Sanitation Districts
SWRCB and the Federal Stimulus
of Los Angeles County
Package - How the Water Board
Anticipates to Implement The
Emerging Regulatory Issues
Program Funds
Bob Bastian, U.S. EPA Office of Water
Doug Wilson and Alice Stebbins
Greg Kester CASA Biosorids Program Manager
SWRCB-DhdsJon of Financial Assistance
11030 a.m. -12:00 p.m.
3-00 p.m. - 3:15 p.m. Break
WATER ISSUES FORUM
Locabw Wtde Visft Twace & F&,w
Where Do We Go From Here?
Chair Ben Hornstein, East Bay municipal
3:15 P.M. -3:45 p.m.
Utility District
Dublin San Ramon Services District
and the Wall Street Credit Crunch
A Case for Water Quality Permitting
Or ... Was Polonius Right When He
Reform White Paper by the
Told Hamlet "Neither a Borrower nor
Massachusetts Coalition for Water
a Lender Be"? A Case Study
Resources Stewardship.
Bert MIchakzYk General Manager, DSRSD
Tom Walsh, Engineer - DiiectorlTreasurer
Tom Lockard, Managing Director, Stone &
Upper Blackstone Mater Pollution
Youngberg
Abatement District - Millbury, MA Kbbcast
NACWA's Proposed Watershed Act
Charles Logue, Director of Regulatory
Affairs, Oregon is Clean Water Services
Water Recycling Policy - Status and
Lessons Learned
Francis Spivy ftber, Member
fate Water Resources Control Board
..........................................................
11:30 a.m. —1200 p.m.
New Member Orientation
Location. Nopales
,Wn CASAt President and Executive Director
to /earn about member services and programs.
3:45 p.m. — 4.30 pm.
One Water - One Watershed OWOW!
A Model Integrated Regional
Watershed Program
Celeste CantO, General Manager
Santa Ana Watershed Project Authority
6:00 p.m. — 7:00 pm.
Welcome Reception sponsored by
the CASA Associates
Location: Indian Walls I J K
All registered delegates and guests are
invited.
7:30 a.m. - 8:00 a.m.
.........................
8:00 a.m. - 9:00 a.m.
CSRi',,1 , Board o
Location. Nopa /es
..................... ...............................
8:00 a.m. - 9:30 a.m.
Continental Sre� fas,
Location. Vista Verde Terrace & Foyer
.................. ...............................
8:00 a.m. - 3:00 p.m.
Registration
Location. Registration Counter #2
L M Foyer
8.....................
:00 a.m. - 9:00 a.m.
State LeaiS1a i v s Con�nmmittee
Work Group �Nloefing
Location: Ironwood
......................... ...............................
10:30 a.m. - 4.00 p.m.
ATTORNEYS MEETINGS
Location. Indian Wells J K
Chair Mark Comelius, Snyder, Cornelius &
Hunter: State Bar MCLE approved provider
. — a.m.
Ne3m ?" evelo orr8t, I E in Identigy Reef£
Buil
Kent Ruthann G. Ziegler
...... yers, Nave, Riback, Silver & Wilson
.......................
9:00 a.m. -10:00 a.m.
Spouses /Guepts Nlt. t 8. G: e r.! and
Chef's Cooking Demo
Location: Vista Verde Terrace
................... ...............................
9:00 a.m. -12:00 P.M.
`PUBLIC POLICY SESSIONS
��cation: Indian Wells L M
:Mam. -10:00 a.m.
Federal Legislative update
Chair Sharon Green, Sanitation Districts
of Los Angeles County
New Directions In The New
Administration and New Congress
12:00 p.m. - 4:00 p.m.
................... ...............................
11:00 a.m. -12.00 p.m.
Communications 'a.o` m.iitee
Location. Pinon
Chair Michele McKinney Underwood, tAt wen►
Municipal Water District
:........................... ...............................
1 :30 p.m. — 3:00 p.m.
Location. Indian Wells L M
Vice Chair Jeny Gilmore, Truckee Sanitary District
In hard times, it becomes more important
than ever to focus our resources where they
will have the greatest impact on the service
levels we deliver.
Ken Harlow, Director of Management
Services, Brown and Caldwell
of Conn ,, °�,,,
Input Souc.-h --
Michele McKinney Underwood, CASA
Communications Committee Chair
... ......................................................... 1:30 p.m. - 3:00 p.m.
12,00 p.m. -1:30 p.m. ",lira , Gain ! o . general
Associates Cornmitlee managers, publ c tvn-' s
Location. Ironwood : senior stab. and co s'- ultants
Chair Pierva¢ Anwar, Brown and Cakiwel Location. Indian Wells N O
Chair MWiael Abramson, Napa Sanitation District
impact of Dousing Crash and Credit I We are increasingly challenged by our
Squeeze on `i} /astevurater Utilities customers to make "optimal decisions."
Bert MichaMzyk, General Manager, DSRSD Optimal decision making is a systematic
Wyatt Tioxel, Fomier Board Member, IEUA = approach to ensure the decisions are
sound tran t red A-4-
Washington D.C. Report
Eric Sapiistein, CASH LegusAativie
Advocate
• Update on High Priority Issues
- Legislative Committee Report
10:15 am. -11:15 a.m.
y� State Legislative and Regulatory Update
mohair Tim Anderson, Sonoma County
Water Agency
State Legislative Report
Mike DiNon, CASA Lobbyist
Regulatory Affairs Report
Bobbi Larson, CASA Director of Legal &
Regulatory Af rs
11:15 am. -120 p.m.
Private Sewer Lateral Task Force Report
David Williams, Tack Force Chairand
Executive Board Member
........................................ I..............
1200 p.m. -1:15 p.m.
Lunch on Your C�1rn
-OR-
1215 p.m. -1:15 p.m.
NEVI! 5i{ Run, fit' /ally - Get Fit While
Having Fun!
Location: Meet outside hotel lobby
All fitness levels are welcome. Sign up at the
registration desk and fill out the waiver.
Led by Roland Williams, CVSD
Roland Williams has been in athletics
his entire life. He started running at the
age of six; ran track in college and was
considered an Olympic hopeful. Roland
has coached, trained and participates in
several sporting activities. He continues
his training regiment while working as
the General Manager of the Castro
Valley Sanitary District located in the San
Francisco Bay Area.
, span:- , a nsible.
Decision Analysis: A Sys'"ema t
Analytical, and Transparent Process to,
Making, Optimal Decisions
Steve McDonald and Sara Deslauners
Carollo Engineers
This three -part session begins with the
fundamentals of optimal decision making,
teaches the method with a hands-on
exercise, and concludes with a case study
of a real -works application.
• Decision Fundamentals: Decision
analysis involves the use of methods and
metrics for considering risk and return. The
speakers will discuss the fundamentals
and highlight some of the most useful of
these methods.
• Group Exercise: PairwiseAnalysisA
hands -on exercise that will teach a power-
ful method for using economic and non-
economic criteria to compare and rank the
optimum altemative. Attendees will be able
to immediately use the method at their
own agency.
• Case Study: How the techniques of
optimal decision making were used in a
recent sewer master planning effort.
:............................... ..............................:
r nNTINI wn nm NFYT DArZF
QUARTERLY MEETING OF THE
CONTRA COSTA SPECIAL DISTRICTS ASSOCIATION
Date: Monday, January 26, 2009
Time: 10:00 a.m. Meeting
12:00 p.m. Lunch
Location: Pleasant Hill Community Center
320 Civic Drive, Pleasant Hill
Lunch: $24.00 (meal optional - immediately following meeting)
AGENDA
10:00 a.m. Welcome and Introductions (Please keep the your District's introductions zmder two minutes)
10:15 a.m. Approval of October 20, 2008, minutes
10:20 a.m. Guest Speakers
Chair of the Board of Supervisors Susan Bonilla, District IV of the Contra Costa County Board
of Supervisors
Topic. Employment Status and Opportunities in Contra Costa Cour:a V
Suzie O'Bryant and Ben Mosley, Contra Costa County One Stop Operator Consortium/EASTBAY
Works
Topic: Services and Resources Provided Through EASTBAY Works
11:00 a.m. LAFCO Representative Report:
Dwight Meadows, Contra Costa Resource Conservation District
11:05 a.m. Legislative Committee Report
Stan Caldwell, Mt. View Sanitary District
11:10 a.m. East Bay Regional Park District — Park Advisory Committee Report
E. J. Shalaby, West County Wastewater District
11:15 a.m. CCSDA Financial Report:
Mark Cornelius, Snyder, Cornelius & Hunter
11:20 a.m. California Special Districts Association Activities Update:
Sherry Sterrett, Pleasant Hill Recreation & Park District
11:25 a.m. Mayors' Conference Report:
John Burgh, Contra Costa Water District
11:30 a.m. GASB 45 — Public Employee Information Requirement Update
Paul Soltow, West County Wastewater District
11:30 a.m. Other Business
2009 CCSDA Survey
Next scheduled CCSDA meeting:
April 20, 2009
6:00 p.m. (Dinner immediately following meeting)
Pleasant Hill Community Center
320 Civic Drive, Pleasant Hill, CA
11:55 a.m. Adjourn
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Central Contra Costa Sanitary District
Board Meeting
February 5, 2009
Board Member McGill
Item 7.d.1)
Will attend the Mayors' Conference
February 5, 2009, Danville
Item 7.d.2) e)
None
Item 7.d.3) a)
CASA Conference
January21 -24, 2009
See list of attended sessions (attached) and related material is
available for perusal)
Item 7.d.3) b)
Walnut Creek State of City Lunch
Mayor Skrel gave report highlighting tough financial times
(See news clipping)
Item 7.d.3) c)
Contra Costa USA Dinner
George Will presented the conservative view of the stimulus
package ( "everything the Democrats couldn't get in the last
eight years ")
Item 7.d.4)
Attended:
Contra Council Transportation Task Force Meeting
January 16, 2009
There was a presentation via teleconference from Washington,
D.C. regarding the House version of the Federal stimulus
package.
Contra Costa Council Workshop
January 27, 2009
Presentation regarding AB32 and SB 375
(Power points available at rNvk vN� .coi,iti °,tacustacotiiicii.com)
HBANC Installation Reception
January 30, 2009
Dismal state of the homebuilding industry reported; Ray
Panek, KB Home installed as Chairman
Participated in
CBIA conference call for the Water Resources Subcommittee
February 3, 2009
Will attend CBIA Winter Meeting
February 11 -13, 2009
Will attend Contra Costa Council Water Task Force Meeting
February 17, 2009
9:00 a.m. — 2:30 p.m.
Location: Ironwood
............. . ........................ I .... .....
8:00 a.m. — 2:30 p.m.
Rancho Mirage County Club
..................... I ...... I ................ I......
12:00 p.m. — 5:00 p.m.
Location: Registration Counter #2
L M Foyer
.................... ...............................
3:00 p.m. — 5:30 p.m.
Location: Kachina
..................... ...............................
5:30 p.m. — 7.30 p.m
Location: Indian Wells O P
y4 i
January 22, 2009
7:30 a.m. — 9:00 a.m.
Location: Vista Verde Terrace & Foyer
....................... ...............................
8:00 a.m. — 5:00 p.m.
Location: Registration Counter #2
L M Foyer
.................... ...............................
8:00 a.m. —12:00 p.m.
TECHNICAL SESSIONS
Location: Indian Wells L M
8:00 a.m. — 9:00 a.m.
Chair Frank Caponi, Sanitation Districts
of Los Angeles County
The roadmap to greenhouse gas reductions
has been approved by the CARD Board!
Frank Caponi
9:15 a.m. —10:15 a.m.
Chair Mike Sullivan, Sanitation Districts
of Los Angeles County
Bob Bastian, U.S. EPA Office of Water
Greg Kester, CASA Biosofids Program Manager
10:30 a.m. —12:00 p.m.
Chair Ben Horenstein, East Bay Municipal
Utility District
Tom Walsh, Engineer - Director /Treasurer
Upper Blackstone Water Pollution
Abatement District - Millbury. MA Webcast
Charles Logue, Director of Regulatory
Affairs, Oregon's Clean Water Services
Francis Spivy Weber, Member
State Water Resources Control Board
11:30 a.m. —12:00 p.m.
Location: Nopales
Join CASA' President and Executive Director
to learn about member services and programs.
12:15 p.m. —1:30 p.m.
Location: Desert Vista Ballroom
For registered delegates and guests
• President's Welcome
• Executive Board Report
• Executive Director's Report
12:15 p.m. —1:30 p.m.
Location: Ironwood
Chair Sharon Green, Sanitation Districts of
Los Angeles County
1:40 p.m. — 4:30 p.m.
GENERAL SESSION
Location: Indian Wells L M
1st Vice President Ron Young presiding
1:45 p.m. — 2:20 p.m.
Daniel Dowell, Director of Investment
Office of State Treasurer Bill Lockyer
2:20 p.m. 3:00 p.m.
o-! the, E
Doug Wilson and Alice Stebbins
SWRCB- Division of Financial Assistance
3:00 p.m. — 3:15 p.m. Break
Location: Verde Vista Terrace & Foyer
3:15 p.m. — 3 :45 p.m.
f�
Bert Michalczyk, General Manager, DSRSD
Tom Lockard, Managing Director, Stone &
Youngberg
3:45 p.m. — 4:30 p.m.
Celeste Cantu, General Manager
Santa Ana Watershed Project Authority
..................... ............................... .
6:00 p.m. - 7:00 p.m.
Location: Indian Wells I J K
All registered delegates and guests are
invited.
7:30 a.m. — 8:00 a.m.
..... ... I ............................
8:00 a.m. — 9:00 a.m.
Location: Nopales
..................... ............................... .
8:00 a.m. — 9:30 a.m.
Location: Vista Verde Terrace & Foyer
........................ ...............................
8:00 a.m. — 3:00 p.m.
Location: Registration Counter #2
L M Foyer
. ............................... I................
8:00 a.m. — 9:00 a.m.
Location: Ironwood
............... ...............................
9:00 a.m. —10:00 a.m.
Location: Vista Verde Terrace
..................... ...............................
9:00 a.m. —12:00 p.m.
PUBLIC POLICY SESSIONS
Location: Indian Wells L M
9:00 a.m. —10:00 a.m.
Chair Sharon Green, Sanitation Districts
of Los Angeles County
Eric Sapirstein, CASA Legislative
Advocate
• Update on High Priority Issues
• Legislative Committee Report
10:15 a.m. —11:15 a.m.
Chair Tim Anderson, Sonoma County
Water Agency
Mike Dillon, CASA Lobbyist
Bobbi Larson, CASA Director of Legal &
Regulatory Affairs
11:15 a.m. —12:00 p.m.
David Williams. Tack Force Chair and
Executive Board Member
................. ...............................
10:30 a.m. — 4:00 p.m.
ATTORNEYS MEETINGS
Location: Indian Wells J K
Chair Mark Cornelius. Snyder. Cornelius &
Hunter State Bar MCLE approved provider
10:30 a.m. —11:45 a.m.
Kenton L. Alm and Ruthann G. Ziegler
Meyers, Nave, Riback, Silver & Wilson
2:00 p.m. — 4:00 p.m.
:............................ .........I....................:
11:00 a.m. —12:00 p.m.
Location: Pinon
Chair Michele McKinney Underwood, Western
Municipal Water District
......................... ...............................
12:00 p.m. —1:30 P.M.
Location: Ironwood
Chair Pervaiz Anwar, Brown and Caldwell
Bert Michalczyk, General Manager, DSRSD
Wyatt Troxel, Former Board Member, IEUA
.......................... ...............................
12:00 p.m. —1:15 p.m.
-OR-
12:15 p.m. —1:15 p.m.
Location: Meet outside hotel lobby
All fitness levels are welcome. Sign up at the
registration desk and fill out the waiver.
Led by Roland Williams, CVSD
Roland Williams has been in athletics
his entire life. He started running at the
age of six; ran track in college and was
considered an Olympic hopeful. Roland
has coached, trained and participates in
several sporting activities. He continues
his training regiment while working as
the General Manager of the Castro
Valley Sanitary District located in the San
Francisco Bay Area.
1:30 p.m. — 3:00 p.m.
Location: Indian Wells L M
Vice Chair Jerry Gilmore, Truckee Sanitary District
In hard times, it becomes more important
than ever to focus our resources where they
will have the greatest impact on the service
levels we deliver.
Ken Harlow, Director of Management
Services, Brown and Caldwell
Michele McKinney Underwood, CASA
Communications Committee Chair
1:30 p.m. — 3:00 p.m.
s' a?i, al Id
Location: Indian Wells N O
Chair Michael Abramson, Napa Sanitation District
We are increasingly challenged by our
customers to make "optimal decisions."
Optimal decision making is a systematic
approach to ensure the decisions are
sound, transparent, and defensible.
Steve McDonald and Sara Deslauriers
Carollo Engineers
This three -part session begins with the
fundamentals of optimal decision making,
teaches the method with a hands -on
exercise, and concludes with a case study
of a real -world application.
Decision
analysis involves the use of methods and
metrics for considering risk and return. The
speakers will discuss the fundamentals
and highlight some of the most useful of
these methods.
Pairwise Analysis A
hands -on exercise that will teach a power-
ful method for using economic and non-
economic criteria to compare and rank the
optimum alternative. Attendees will be able
to immediately use the method at their
own agency.
How the techniques of
optimal decision making were used in a
recent sewer master planning effort.
............. ...............................
............1 ............................. ............................... .
January 24, 2009
3:00 p.m. — 3:15 p.m.
Location: Verde Vista Terrace & Foyer
3:15 p.m. — 4:00 p.m.
GENERAL SESSION
Location: Indian Wells L M
President Harry T. Price presiding
7:30 a.m. — 9:00 a.m.
Location: Ironwood
................. ...............................
.............. 8 :00 a.m. — 9:00 a.m.
Location: Indian Wells L M
.................. ...............................
9:00 a.m. —10:30 a.m.
CLOSING GENERAL SESSION
Location: Indian Wells L M
c, LOSING KEYNOTE SPEAKER Dr. Wallace Walrod, Ph. D, President Harry T. Price presiding
Vice President, Research & Communications
Orange County Business Council
................................................... ...............................
4:15 p.m. — 5 :00 p.m.
Location: Ironwood
Chair Paul Bushee; Leucadia Wastewater
District
............................................. ...............................
6:00 P.M. — 7:00 P.M.
Location: Grand Salon Ballroom
2nd Floor - above hotel lobby
;7tj 014
•
Central Contra Costa Sanitary District
February 5, 2009
TO: HONORABLE MEMBERS OF THE BOARD
FROM: JAMES M. KELLY, GENERAL MANAGER
RANDALL MUSGRAVES, ADMINISTRATI DI CTOR �v�fn1
SUBJECT: CALIFORNIA ASSOCIATION OF SANITATION AGENCIES MID -YEAR
CONFERENCE (JANUARY 21-24,2009)
The California Association of Sanitation Agencies (CASA) Mid -Year Conference
highlights included the Water Issues Forum; discussion of financial matters; and
legislative updates. I have attached the following handouts for your information:
➢ CASA Mid -Year Conference Program
➢ The January 2009 Mid -Year Conference Report
Slides for most presentations and the CASA Annual Report are available. Please let
me know if you would like more information on a presentation or would like a copy of the
Annual Report, and I will forward it to you. The Mid -Year Report is quite complete and
summarizes most regulatory and legislative matters. One highlight of the conference
was Board Member Barbara Hockett being elected as 2nd Vice President of Casa.
ISSUE FORUMS
Water Issues Forum: This Forum focused on permitting and water recycling. The
highlight was SWRCB member Francis Spivy Weber's presentation on the stakeholder
process on the SWRCB Water Recycling Policy that was subsequently adopted
February 3, 2009. While the policy's original intent was to encourage recycling, by the
time it went through the process, it may hinder recycling. Perhaps the moral of the story
is to be careful what you ask for.
LEGISLATIVE MATTERS
CASA State Legislative Committee. The State Legislative meeting began with a brief
discussion by CASA State Lobbyist Michael Dillon on the state budget. As previously
reported, budget negotiations are expected to continue A property tax shift may be on
the table again, although it has not formally surfaced yet.
The Committee had previously met to consider a number of bills and continued to
discuss the "Day in the District" Legislative Day. Staff will work with Board Members
who want to attend meetings with our legislators in their home offices.
Honorable Members of the Board
Page 2
February 5, 2009
Federal Legislative Committee. Most of the Committee meeting focused on the new
appointees and the stimulus package. Both are well covered in the Conference Report.
The way the stimulus package is to be implemented is evolving rapidly. The packaged
discussed in the committee was not as user friendly as the one described by SWRCB
Staff later in the afternoon! It will be a month or two before the procedures and budgets
are finalized. At this time, it does not appear that CCCSD would be eligible for grants.
GENERAL SESSIONS
The General Sessions focused on this turbulent economic time; one of the papers, "Is
LAW Safe" was of direct interest to the District. A presentation was made by the newly
appointed Director of the Investment Division at the State Treasurer's Office, Daniel
Dowell, regarding the safety of LAIF investments.
The Treasurer invests funds through the Pooled Money Investment Account (PMIA).
The PMIA is governed by the California Pooled Money Investment Board and is
comprised of three primary sources of funds: the State General Fund; special funds
held by the State agencies; and the Local Agency Investment Fund (LAIF). The LAIF
receives oversight and guidance from the Local Investment Advisory Board. The State
Treasurer chairs both boards.
In 2007 -08 the PMIA average daily balance was $63.3 billion. LAIF comprises $23.4
billion of the $63.3 billion. In summary, the PMIA has had little exposure to the recent
financial meltdown to loss of principal on any investment. The impact comes to
significantly reduced yield or rate of return on the investments. Interest for 2009 is
expected to be below 1.9 %.
In 2008, the Treasurer began shifting PMIA's investments to more secure investments
resulting in a reduction in CDs /Bank Notes and Commercial Paper and Corporate
Bonds. This included a significant reduction in finds invested in Yankee Banks. Two
areas of significant increase were in Treasuries and Loans to the State General Fund
(AB 55 Loans). Of concern to LAIF investors, like the District, is the increase of
approximately $ 14 billion in loans. AB 55 loans are a line of credit to the State's bond
program and are issued for 364 days. The Treasurer stated that he is confident that the
principal and interest on the AB 55 loans will be paid back when the State sells the
bonds related to the loans. Furthermore, the Treasurer has stated that AB 55 loans do
not effect the LAIF investments. He was adamant that the State cannot legally borrow
LAIF funds. The State can only use its own monies invested in PMIA.
Given the current financial crises it's difficult to have trust or confidence in any
investment company or tool. However, LAIF continues to appear to be the safest
investment mechanism at this time for District funds. Staff will continue to monitor the
safety of the District's investments in LAIF.
Honorable Members of the Board
Page 3
February 5, 2009
There are several other situations that bear watching:
1. The recent failure of Rohnert Park to pass a rate increase -it contracts with Santa
Rosa for sewage treatment - and it is unclear if Rohnert Park can collect enough
money to pay Santa Rosa for their services.
2. The State may try to impose a $10 per connection charge for some of the regulatory
programs they currently fund out of the general fund. It is unclear what mechanism
they would use to impose the fee.
3. CASA's private lateral study continues. This is covered in the Mid -Year Report;
some sort of legislation is being considered for next year. At this time, it appears
that any legislation that would be proposed would be very general.
Attachments
PRELIMINARY CONFERENCE PROGRAM
A.
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p p CASA
Ensuring Clean Water for California
January 21-24,2009
Hyatt Grand Champions
Our Mission
Statement President's Message
Dear CASA Members:
I look forward to welcoming you to our 2009 Mid -Year Conference, January 21 -24 at
the Hyatt Grand Champions, Indian Wells. In these times of economic instability, the
upcoming new year promises to hold added challenges for public agencies to provide
vital services while fulfilling the commitment to preserve and protect public health and
the environment. Therefore, the program spotlights presentations on various financial
issues that we hope you will find timely and informative.
The program features several program highlights worth mentioning:
• Daniel Dowell Director of LAIF's Investment Division will speak;
• Celeste Cantu, Executive Director, Santa Ana Watershed Project Authority will mod-
erate a panel that features protecting public funds through local investments;
• Dublin San Ramon Services District will offer a first hand account of Variable Rate
Demand Obligations (VRDO);
• Don't miss the Annual Recognition Reception sponsored by the CASA Associates
on Thursday evening. All registered delegates and guests are invited; and,
• For a change of pace, join Roland Williams, General Manager of Castro Valley Sani-
tary District for a fun run, Friday during lunchtime.
I will open the conference at Thursday's luncheon where delegates will be briefed on
the results of our annual Executive Board Planning Session.
I hope to see you in Palm Springs for the conference and ask that you join me at the
President's Reception Friday evening to network with fellow colleagues. Until then,
best regards and please don't hesitate to call the CASA office with questions about
the conference.
Sincerely,
Har ry T. P ir''ce
CASA President
0 A;, CASA
Ensuring Clean Water for California
Registration form
A golf tournament has been set for Wednesday, January 21, 2009 at the RANCHO
MIRAGE COUNTRY CLUB. please arrive no
later than 7:30 a.m.
The country club is located at the corner of Bob Hope Drive and Frank Sinatra Drive. The Wednesday
club has a dress code. No short shorts, blue jeans or t -shirts are permitted. January, 21 , 2009
- this includes green fees, golf carts & tournament prizes.
5:00 a.m.!
If you plan to participate, please return this form, together with a check for $70.00.
You must send this form in to be eligible to play.
...................... ...............................
RETURN FORM BY January 12th (Maps and foursomes will be sent at that time.)
f'E'F:fC'�i':d fr)i17SOn�E'.:
Hotel Information
44 -600 Indian Wells Lane
Indian Wells, CA 92210
Toll Free: (800) 233 -1234 (central reservations)
Website: www.grandchampions.hyatt.com
• CASA Room Rate: $230.75 (including tax) -
for Single/Double Occupancy
• Please identify yourself as a CASA member
to receive this special rate
• Cut -Off Date for Reservations is Saturday,
December 20, 2008
• Check -in: 4:00 p.m. /Check -out: 12:00 p.m.
• The Hyatt is a large property; some room lo-
cations may cause attendees to walk a long
distance.
The Hyatt Grand Champions located in the
foothills of the San Jacinto Mountains in Indian
Wells (Palm Springs area) is a 25 minutes travel
time from Palm Springs Int'I Airport or 70 miles
from Ontario Int'I Airport. There is no cost for
self- parking and the room rate includes unlim-
ited access to the Agua Serena Spa facilities,
Health and Fitness Center, along with a wide ar-
ray of onsite amenities. Hotel guests have com-
plimentary use the Shopper Hopper to local at-
tractions. Further information is available at the
hotel's front desk.
• Taxi Service (approx. $60 one -way)
• Shuttles by advanced reservation:
At Your Service Shuttle (760) 343 -0666
• Car Rentals
The Hyatt Grand Champions reservations de-
partment will manage the CASA waiting list and
assures us that our delegates will be able to
reserve a room based on CASA's group block.
This year, the Reservations Department will ac-
cept a maximum of three (3) rooms under one
name. The conference page on CASA's web -
site - www.casaweb.org will include the Hyatt's
online room reservations link. if you make ad-
vanced reservations for delegates and some
of those individuals do not register for the
conference please cancel those rooms by
Mike Dunbar
South Coast Water District
P.O. Box 30205
Laguna Niguel, CA 92607 -0205
Phone: (949) 499-4555
FAX: (949) 499 -4256
Cell: (949) 533 -4052
www.mdunbar@scwd.org
December 20. Your help will ensure all mem-
bers attending the conference have a room at
the negotiated rate and alleviate CASA's liability
for additional costs associated with contractual
obligations regarding the room block.
CASA initiated a Late Cancellation Policy be-
cause of the large number of cancellations in
the final days approaching each conference.
Our contractual obligations with the hotel hold
CASA liable if we do not meet our room guar-
antees. Please note CASA's Late Cancellation
Policy on the bottom of the registration form.
If you cannot attend, send a colleague in your
place by notifying the CASA office. The late fee
for canceling on or before January 9 is $2&
No refunds after January 9
The Marriott Renaissance Esmeralda is located
next door to the Hyatt Grand Champions; room
rates are based on availability. For reservations
call (760) 773 -4444.
9:00 a.m. — 2:30 p.m.
See registration form
................ ...............................
8:00 a.m. — 2:30 p.m.
12:00 p.m. — 5:00 p.m.
.............. ...............................
3:00 p.m. — 5:00 p.m.
..............................
5:30 p.m. — 7:30 p.m.
January 22, 2009
7:30 a.m. - 9:00 a.m.
.......................... ...............................
8:00 a.m. - 5:00 p.m.
8:00 a.m. - 9:00 a.m.
AIR ISSUES FORUM
Chair Frank Caponi, Sanitation Districts
of Los Angeles County
.................. ...............................
9:15 a.m. -10:15 a.m.
LAND ISSUES FORUM
Chair Mike Sullivan, Sanitation Districts
of Los Angeles County
- Bob Bastian, U.S. EPA Office of Water (invited)
- Greg Kester, CASA Biosolids Program Manager
.......................... ...............................
10:30 a.m. -12:00 p.m.
WATER ISSUES FORUM
Chair Ben Horenstein, East Bay Municipal
Utility District
12:15 p.m. -1:30 p.m.
1:30 p.m. - 4:00 p.m.
GENERAL SESSION
1st Vice President Ron Young presiding
...................... ...............................
1:45 p.m. - 2:30 p.m.
Daniel Dowell, Director, Investment
Division - State Treasurer's Office
............ ...............................
2:30 p.m. - 3:00 p.m.
- Bert Michalczyk, General Manager
- Lori Rose, Financial Services Manager/
Treasurer (invited)
................... ...............................
3:00 p.m. - 3:15 p.m.
White Paper by the Massachusetts Coalition
for Water Resources Stewardship
.................... ...............................
Tom Walsh, Engineer - Director /Treasurer
3:15 p.m. - 4:00 p.m.
Upper Blackstone Water Pollution
Abatement District - Millbury, MA Webcast
- Charles Logue, Director of Regulatory
Panel Moderator Celeste Cantu, General
Affairs, Oregon's Clean Water Services
Manager Santa Ana Watershed Project
.......................... ...............................
Authority
11:30 a.m. -12:00 p.m.
.................... ...............................
4:00 p.m. - 4:30 p.m.
............... ...............................
12:15 p.m. -1:30 p.m.
OPENING CONFERENCE LUNCHEON
for registered delegates and guests
Jim Colson, Ti-TAC Chair
.... ...............................
6:00 p.m. 7:00 p.m.
All registered delegates and guests are
invited.
7:30 a.m. - 9:00 a.m. 12:00 p.m. -1:30 p.m. 1:30 p.m. - 3:00 p.m.
8:00 a.m. - 9:00 a.m.
..............................
8:00 a.m. - 9:30 a.m.
.............................
9:00 a.m. -10:00 a.m.
Chef's Cooking Demo
.............................
9:00 a.m. -12:00 p.m.
9:00 a.m. -10:00 a.m.
FEDERAL LEGISLATIVE UPDATE
Chair Sharon Green, Sanitation Districts of Los
Angeles County
........................ ...............................
10:15 a.m. -11:15 a.m.
STATE LEGISLATIVE UPDATE
Chair Tim Anderson, Sonoma County Water
Agency
.......... ...............................
11:15 a.m. -12:00 p.m.
David Williams, Tack Force Chair and
Executive Board Member
.......................... ...............................
11:00 a.m. -12:00 p.m.
Chair Michele McKinney Underwood, Western
Municipal Water District
.......................... ...............................
10:00 a.m. - 4:00 p.m.
Chair Mark Cornelius, Snyder, Cornelius &
Hunter
Chair Pervaiz Anwar Brown and Caldwell
12:00 p.m. —1:15 p.m.
-OR-
12:15 p.m. —1:15 p.m.
All fitness levels are welcome By signing up
on the registration form
Castro Valley Sanitary District's Roland
Williams has been in athletics his entire
life. He started running at the age of six;
ran track in college and was considered
an Olympic hopeful. Roland has coached,
trained and participates in several sporting
activities. He continues his training regiment
while working as the General Manager
of the Castro Valley Sanitary District
located in the San Francisco Bay Area.
Roland will lead CASA's fun runfwalk.
1:30 p.m. - 3:00 p.m.
Chair Wyatt Troxel, Inland Empire Utilities
Agency
Ken Harlow, Director of Management
Services, Brown and Caldwell
In hard times, it becomes more important
than ever to focus our resources where they
will have the greatest impact on the service
levels we deliver. Mr. Harlow will discuss
approaches to asset risk management,
with real -life examples, to show how risk is
measured. He will show how an improved
understanding of risk leads to the best
service levels regardless of the resource
limitations all utilities face.
Michele McKinney Underwood, CASA
Communication Committee Chair
Chair Michael Abramson, Napa Sanitation
District
Decision analysis requires use of
methods and metrics for considering
risk and competing trade -offs. Making
optimal decisions requires a systematic
approach to ensure the decisions are
sound, transparent, and defensible.
... ...............................
3:00 p.m. - 3:15 p.m.
3:15 P.M. - 4:00 P.M. - GENERAL SESSION
President Harry T. Price presiding and
Keynote Speaker
............................
4:15 p.m. - 5:00 p.m.
Chair Paul Bushee, Leucadia Wastewater
District
............................
6:00 p.m. - 7:00 p.m.
January 24, 2009
7:30 a.m. — 9:00 a.m.
8:00 a.m. — 9:00 a.m.
................... ...............................
9:00 a.m. —10:30 a.m.
CLOSING GENERAL SESSION
President Harry T. Price presiding
CASA
,S
January 21 -24, 2009
Ensuring Clean Water for California
IMPORTANT
• $25 cancellations fee on or before Friday, January 9, 2009
• No Refund for late cancellations after January 9, 2009
• Send a colleague if you can not attend, please notify the office
CASA
1215 K Street, Suite 2290
Sacramento, CA 95814
tel: (916) 446-0388
fax: (916) 231-2141
❑ Delegate $425 ❑ Thurs. only $212.50 ❑ Fri. only $212.50
❑ Yes, I will Join Roland for the Get Fit Fun Run on Friday
❑ Delegate $425 ❑ Thurs. only $212.50 ❑ Fri. only $212.50
❑ Yes, I will Join Roland for the Get Fit Fun Run on Friday
v, Y;rn I,
"t N: o
❑ Delegate $425 ❑ Thurs. only $212.50 ❑ Fri. only $212.50
❑ Yes, I will Join Roland for the Get Fit Fun Run on Friday
of fll fi,rOiojls
x 1,15
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t'10. of C"-ki(ot"'.�', 1.d:iV,)1,1Y
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Total:
❑ Online registration with credit card: visit us at www.casaweb.org and click on "Conference" - Visa and MasterCard accepted online
Purchase Order#-. I
Mail check - Check #:
IMPORTANT
• $25 cancellations fee on or before Friday, January 9, 2009
• No Refund for late cancellations after January 9, 2009
• Send a colleague if you can not attend, please notify the office
CASA
1215 K Street, Suite 2290
Sacramento, CA 95814
tel: (916) 446-0388
fax: (916) 231-2141
CSRMA Risk Management
Seminar at CASA...
pc r >o+od by: C. irforni<a Sai)iLition Risk Nlanagomeant Authooty (CSxV4A)
9:00 —10:30 a.m.
Would you like to understand your obligations for conducting the Interactive Pro-
cess? Better yet, would you like to know all the "nuts and bolts" of how to best con-
duct the Interactive Process? This program will not only review of the six steps of
the Interactive Process but will also highlight the penalties for not interacting, show
you the best ways to document your efforts and results, and put together your tool
kit of forms and resources to successfully navigate the potential pitfalls.
- Roberta Etcheverry, CPDM
10:30 —10:45 a.m.
10:45 a.m. —12:00 p.m.
From managing contractor liability to creating ADA- compliant job descriptions to
creating a custom Business Continuity Plan to creating customized CalOSHA com-
pliance programs, CSRMA's Risk Control Online is proud to roll out several new
and exciting turnkey risk solutions designed especially with CSRMA members in
mind. Come and see how these new interactive online tools will save your agency
money in consultants, staff time and help your agency better control its risk!
- David Patzer, CSRMA Risk Control Advisor
12:00 —1:00 p.m.
1:00 — 2:30 p.m.
It can be difficult to inform an employee that his work is not up to par, or that she
has an attitude or attendance problem. Often, managers feel it is better to give a
good or neutral performance review -- or not give a review at all -- than to sit down
with the employee and be candid about deficiencies and the steps necessary to
achieve acceptable performance.
Not only is the failure to give honest performance feedback unfair to the employee-
- there is no chance to obtain the information necessary to improve -- but it could
also result in significant legal liability for the employer if it decides to terminate the
poorly performing employee. Terminated or disciplined employees have obtained
sizeable jury awards and out -of -court settlements based upon claims that they
"didn't know" their performance fell short of expectations.
This seminar will provide the `tivhy's" and "how's" of conducting effective employee
performance appraisals.
- Melanie Potunca, Liebert Cassidy Whitmore
When
Wednesday, January 21, 2009
9:00 a.m. — 2:30 p.m.
(registration and continental breakfast begins
at 8 :30 a.m.)
Where
Hyatt Grand Champions Resort
44 -600 Indian Wells Lane
Indian Wells, CA 92210
Phone: 760 - 341 -1000
Cost
The seminar is free to all CSRMA members.
There will be a nominal fee of $50 for all
non -CSRMA members (Cash or check only,
payable to CSRMA either in advance or at
the door).
How to register
Questions
Please contact David Patzer, CSRMA Risk
Control Advisor at losscontrol @sbcglobal.
net or at 707.373.9709.
Please Note:
It is important we have an accurate head-
count prior to the date of the seminar to
ensure that lunch is available for those at-
tending the seminar. Please take a moment
to pre - register if you plan to attend.
CASA
1215 K Street, Suite 2290
Sacramento, CA 95814
PRELIMINARY CONFERENCE PROGRAM
CASA
Ensuring Clean Water for California
--.
a
��Ql:
Regulatory Report
icy ? ':har to Larson, Oirf,,Oor of 1_a1lal .wd Rogulatory Affairs
CASA Urges State Water Board to Keep
Supplemental Environmental Projects
Viable Under Proposed New Policy
In mid - December, CASA provided comments to the State Water Resources
Control Board (State Water Board) regarding two proposed policies: the
"Proposed Statewide Policy for Supplemental Environmental Projects (SEPs)"
and the "Policy for Use of the State Water Pollution Cleanup and Abatement
Account (CAA) for Regional Water Quality Improvement Projects." The State
Water Board had originally proposed to revise the SEP procedures as part of the
update of the Water Quality Enforcement Policy (WQEP). When the release of
the revised draft was delayed, the Board decided to move forward with the SEP
provisions in a separate stand -atone policy. The companion policy addressing
the CAA is intended to clarify criteria and procedures for obtaining penalty
monies paid into the statewide account for regional water quality improvement
projects (RWQIPs).
CASA's comment letter, submitted jointly with Tri -TAC and the Clean
Water Summit Partners, noted that the proposed SEP policy represents an
improvement over the previous version, and the associations expressed
appreciation for the affirmative statement of State Water Board support for the
use of SEPs. Specific provisions of the proposed policy and the accompanying
CAA policy, however, could operate to discourage use of SEPS. For example:
• The proposed SEP policy would limit the amount of a monetary penalty that
could be directed to a SEP to 50 percent of the total assessed.
• The proposed policy will further limit the availability of funding for SEPs by
excluding staff costs and monitorirg experses from the SEP amount.
continued on cage 4
Revised Draft Water
Quality Enforcement Policy
Released
It wouldn't be the holidays without the re-
lease of a major State Water Board draft
policy, and Dec. 23, 2008, the board re-
leased its draft revisions to the Water Qual-
ity Enforcement Policy for public comment.
CASA and Tri -TAC took the lead on prepar-
ing written comments on the draft policy,
which were due Jan. 14, 2009, followed by
a staff workshop on Jan. 16, 2009. At the
time of this writing, the revised draft was
still under review. In February 2008, CASA's
comments on the previous draft WQEP fo-
cused on a number of concerns regarding
the proposed revisions, including the pro-
posed limitations on the use of SEPs, which
are now the subject of a separate proposed
policy (see related article to the left.)
Other aspects of the WQEP of particular
interest to CASA include provisions relating
to implementation of the mandatory mini-
mum penalty (MMP) law. The policy should
continued on page 3
7n, 1, 311- 164 - 0 M
, i 7e- M.
Executive Director's Report 2
Washington Report 6
State Legislative Report 10
Special Report 13
Legal Affairs Report 14
Biosolids Program Report 16
CASA Report
January 2009
CASA EXECUTIVE BOARD
Harry T. Price - President
Ronald E. Ycung - t Vice President
Vacant - 2nd Vice President
Tom Selfridge - Secretary - Treasurer
Gary Darling - Director -At -Large
'.i . -, ir :r , . it
Jeffrey G. Hansen - Director -At -Large
John A. Hoagland - Director -At -Large
Barbara Hockett - Director -At -Large
Steve Hogg - Director -At -Large
Jackie Kepke - Director -At -Large
David Williams - Director -At -Large
t gay "I"T, .: ca.:J' t; _ .,tr -t
Kamil Azoury - President
: rfa �_:x- `ar, C 4r Ct
Michael Dunbar - Past President
;.th C.- ist :',titer C Arct
COMMITTEE CHAIRPERSONS
Pervaiz Anwar, Associates Chair
Mark Cornelius, .4ttc reys Chair
Kathleen Werner, Awards Chair
Tom Selfridge, Budget and Audit Chair
Robert R. Reid, Bya%vs Chair
Michele McKinney Underwood,
Ccmrrunicaticrs Chair
Vacant, Cirrdors Chair
Michael Dunbar, E,,ah.ation Chair
Sharon Green, Federal Laisicn &
Legis ative Chair
Michael Abramson, Managers Chair
Kamil Azoury, Nomirations Chair
Paul Bushee, P cgram Chair
Tim Anderson, State Legis atrre Chan
Joyce Gwidt, Can'erence
Ar,,;rgemerts Char
Frank Caponi, Air'.ssws Foam Chair
Mike Sullivian, Lard 'ssr,es Fcr" Chair
Ben Horenstein,'later'ssl,es
For,rr Chair
Jim Colston, 7r -74C ChaK
CASA STAFF
Catherine A. Smith, E�eo.t .e actor
Michael F. Dillon, 'ate' -... st
Roberta L. Larson, C ,ec` :r .'f _eyal
;ra 2, i'crj .r{yrs
Eric Sapirstein, .it ,e
. -, :.'e
Greg Kesler, : 4s Pr-,.3r w
Debbie Welch, Fer:
Kaila Ricci,
Justin Lewis, .r '.' .^ ;rr
pSp
California Association of
Sanitation Agencies
Executive Director's Report
by 11ithorirle A. 5i:lllh, C 1E, E c n,utive Uir:., for
Best wishes from the CASA
staff for a happy, healthy and
peaceful 2009. For most of
us, these economic times
raise concerns both person-
ally and professionally. One
of CASA's priorities in 2009
is to retain the protection
we received with the passage of Proposition 1A
in 2004. As with the grassroots effort needed
to pass Proposition 1A by an overwhelming 83
percent of the vote, CASA members will again
be called to action to advocate for the preserva-
tion of property taxes to local governments as
well as other legislative issues as required.
One of 2009's exciting new CASA programs is
the establishment of the "Day in the District."
Your agency should have received informa-
tion and registration for this inaugural event.
The goal is to have as many of our members
schedule district meetings with their assembly
member(s) and State Senator to do a "meet and
greet" and go over public policy issues of con-
cern to the wastewater industry. Meeting in the
district office should allow a more informal visit
where our members can spend some time with
their decision- makers and start to build a strong
relationship with these important individuals. If
you have a newly - elected legislator, it is even
more important for you to participate in this ac-
tivity, but veterans with established relationships
- this is important for you, tool
Federal Legislative Chair Sharon Green, Vice
Chair Ann Farrell, CASA Federal Legislative
Advocate Eric Sapirstein, staff and commit-
tee members have been working very hard on
developing this year's Washington, D.C. confer-
ence. The program is very solid and we need
to have a strong showing this year to keep the
momentum building with our federal presence.
With the new administration coming aboard, it is
important for us to meet new staff members and
educate them on our issues. Both Senator Di-
anne Feinstein and Senator Barbara Boxer have
been invited to address the group.
The CASA Executive Board met this past No-
vember for its annual planning session held at the
Pardee Conference Center, thanks to East Bay
Municipal Utility District! The Board reviewed the
progress made in 2008 and its vision for 2009
and beyond. The Executive Board approved a
new planning process which will allow us to hone
in on our priorities and measure our successes.
•-----------------------------------------------------------------------
r
' • 3 N : PERSPECTIVES ON OUTREACH
' By Michele McKinney Underwood, Chair Communications Committee
i
Outreach - customer, public, stakeholders
where the Communications Committee
and the media. Each of these audiences
has always been a show - stopper with
requires a unique message, and all require
outstanding presentations.
consistent and effective outreach. The
CASA Communications Committee wants
In working with the CASA executive staff,
to provide the membership with ways to
we've set up our very own outreach tool
achieve these tasks.
- a direct line to the CASA Communications
Committee - an e-mail address. Please send
You are reading the beginning installment of
your answers to the questions above to
the committee's "Perspectives on Outreach ",
commchair4casaweb.org.
a column that will appear regularly in the
CASA Report. Our intent is to provide
Our talented team of professional public affairs
you with timely and useful information to
practitioners has already begun planning for the
strengthen your public affairs programs.
summer conference program. We'd like your
input based on our questions above, regarding
Our first task is to ask you:
things YOU are interested in. Well do our eery
1. What kind of information would be
best to reply in a timely manner to any inquires
helpful to you as directors and staff?
we receive. We encourage you to contact us,
2. What are topics of interest that you'd
not just in response to our posed questions, but
'ike to see addressed in this column
also if you have a communications, marketing or
and at the summer conference,
public relations need. We can help!
The corresponding document will be
available on the CASA website upon ap-
proval by the Executive Board.
Again this year, CASA published its 2008
Annual Report of activities. This publica-
tion is not only a comprehensive over-
view of CASA's accomplishments but a
valuable technical resource on state and
federal legislative issues, regulatory is-
sues, legal affairs, and biosolids.
We are gearing up for another year of
challenges, opportunities and continuing
to step forward as California's leading
advocate for clean water. Our member-
ship remains healthy and we have wel-
comed the following new members: City
of Palo Alto Regional Water Quality Con-
trol Plant, Veolia Water North America
Operations, Underground Technologies,
LLC and Glenn M. Reitter & Associates.
A moment of silence will be held to re-
member longtime CASA member Elbert
Trantow. He was a board member for
40 -years with the Goleta Sanitary Dis-
trict and was elected President of CASA
1983 -1984. He will be missed. e
---------------------------
To provide you with a little sneak peek
at the mid -year conference, to be held
Friday, Jan. 23, the Communications
Committee will be a part of the
directors' meeting from 1:30 p.m. to 3
p.m. Ken Harlow of Brown & Caldwell
will be speaking on "Risk and Reward: ;
What You Should Know About Asset ;
Risk Management." We are delighted
to join the directors Friday to have a
venue for further discussion on their
needs - things that would help them
and their respective agencies with
outreach measures.
Effective outreach in action - our ;
first column accomplished just that.
Happy New Year and thank you in ;
advance for being in touch with us at
commchair,Pcasaweb.org! e
--------------------- - - - - --
Revised Draft Water Quality Enforcement
Policy Released continued
require that MMPs be assessed within one year of the violations having been
reported. One key purpose of the MMP law was to draw prompt attention to vio-
lations and ensure that compliance issues be addressed as quickly as possible.
While not all violations subject to MMPs can be quickly remedied, many Regional
Water Boards wait three years or more to assess MMPs —by which time, signifi-
cant penalties may have accumulated. It is unfair to dischargers to have a penalty
become immediately payable in full for liabilities that have gradually built up over
several years.. This is especially challenging for smaller communities with limited
budgets and cash flow. Further, there are questions about the legality of enforce-
ment actions that are delayed more than three to five years. CASA recommends
that the policy require a Notice of Violation be issued within one year of the date
that the violation was reported to the Regional Water Board.
In addition, the policy should specify that in order to trigger MMPs for "repeat
violations," the violations must be of the same pollutant parameter. Water Code
section 13385(i)(1)(a) requires that an MMP for "chronic" violations be assessed
where a discharger exceeds "a waste discharge requirement effluent limitation"
four times in any period of six consecutive months. To date, the interpretation of
this provision has been that any combination of effluent limitation violations trig-
gers the penalty. In other words, a violation of a copper effluent limitation, a viola-
tion of a TSS limit, a violation of a temperature limit, and a violation of a coliform
limitation would result in an MMP. However, the better interpretation of this sec-
tion is that the chronic violations must be of the same pollutant parameter to re-
sult in liability. The purpose of allowing three violations without penalty is to allow
the discharger to identify and correct the problem that led to the violations. Apply-
ing the provision to unrelated effluent limitations does not serve this purpose, as
the causes of the violations may be similarly unrelated and the timing of separate
violations merely coincidental. Further, under this approach, a discharger could
get a penalty for "repeat" or "chronic" violations based upon a single sampling
event on a single day.
The draft revisions to the WOEP are available at: http : /;',,v,.vw.swrcb.ca.gov,'.va-
ter ._issues,'programsienforcement /policy revisions.shtml e
I
Supplemental
Environmental
Projects Viable Under
Proposed New Policy
continued
• The policy does not allow
education and outreach
projects to be funded with
SEP revenues.
• The proposed CAA policy
would subtract the amount
of a penalty directed
toward a SEP from the
percentage available to
the Regional Water Board
for RWQIPs, which could
prompt Regional Water
Boards to deny SEPs in
order to ensure funding for
preferred regional projects.
In addition to the detailed
comments regarding SEPs,
CASA's letter highlighted the
importance of consistent
enforcement across the
regions to serve the goals of
mitigation and deterrence,
and not primarily to generate
revenues. The associations
urged the State Water Board
to ensure, through revisions
to the WQEP or other clear
policy, that enforcement is
fair, firm and consistent, and
that ACL amounts reflect the
seriousness of the underlying
violations and the conduct
of the violator. The State
Water Board is scheduled
to consider adoption of the
companion policies regarding
SEPs and the CAA at its Feb.
3, 2009 meeting. CASA's
comments, as well as others,
can be accessed via the
State Water Board's Web site:
http://www.awrcb.ca.gov/
public _notices/comments/
index.shtml. •
CASA Supports
Adoption of Recycled
Water Policy
A multi -year effort to establish a policy to in-
crease the use of recycled water in California
was scheduled to culminate Jan. 6, 2009,
with the State Water Board adoption hear-
ing for the proposed Recycled Water Policy.
The proposed policy represents the State
Water Board's third attempt since the fall of
2007 to establish a policy that addresses the
concerns of the water recycling community
as well as environmental associations and
the Department of Public Health. The Nov. 4,
2008, draft tracks, for the most part, a draft
policy prepared by a small group of stake-
holders that was presented to the State Wa-
ter Board on Sept. 2, 2008. The State Water
Board had agreed to delay the process of
adopting a policy for 90 days last spring to
allow the stakeholders to meet and explore
development of a consensus policy.
CASA, along with the Association of Califor-
nia Water Agencies and the WateReuse As-
sociation submitted joint comments on the
proposed policy Dec. 19, 2008. The associa-
tions expressed appreciation for the State
Board's recognition that recycled water is a
key component of California's present and
future water supply, and that Board poli-
cies and programs should facilitate, rather
than impede, the safe and beneficial use
of recycled water for irrigation and ground -
water recharge, among other uses. The as-
sociations also noted that with approval the
proposed policy retains the central themes
of the stakeholder draft, including the need
i
■
to streamline and simplify permitting in order
to increase recycled water use throughout
the state. The policy also recognizes the im-
portance of basin wide planning to maintain
sustainable groundwater supplies and calls for
development of stakeholder led salt/nutrient
management plans without unfairly burdening
recycling programs in the interim.
While the stakeholder group was able to reach
consensus on a number of challenging issues,
including the application of the antidegradation
policy to recycled water projects and the ap-
proach to addressing constituents of emerging
concern in recycled water, the group was un-
able to resolve its differences on the question of
how incidental amounts of recycled water runoff
should be addressed in the policy. The State
Water Board directed its staff to develop pro-
posed language on incidental runoff and include
these provisions in the staff draft of the policy.
The staff draft defines incidental runoff, pro-
poses to allow incidental runoff to be addressed
through a variety of permitting mechanisms and
specifies certain criteria that must be met in or-
der to qualify for permitting of the runoff.
The associations recommended that because
of the prominence given to the issue of inci-
dental runoff in the proposed policy, the State
Water Board should make clear that incidental
amounts of runoff of highly treated recycled
water do not pose a threat to water quality.
The associations expressed agreement that
multiple permit mechanisms, including waste
discharge requirements and municipal sepa-
rate storm sewer system (MS4) permits, may
be employed as appropriate to address minor
amounts of recycled water runoff that may oc-
cur as a result of normal irrigation operations.
However, the letter expressed concern that
the new language regarding incidental runoff
is overly detailed and prescriptive for a policy,
and conditions regarding practices that are ap-
propriate for a particular site should be left to
the permitting process.
The associations also requested a number
of other clarifying language changes and
supported adoption of the policy with those
revisions. Copies of the proposed policy and
associated environmental analysis are available
at: http:il�.vww.swrcb.ca yov,'�.vater _issues/
programs / water recycling policy, index.shtml •
State Contemplates
Review and Revision of
Anti - degradation Policy
On Nov. 17, 2008, State Water Resources Control
Board staff convened two workshops to discuss the
state and federal anti - degradation policies and their
implementation with regard to protection of both
surface water and groundwater. The review of the
policies was triggered in part by a "petition" from
the Environmental Law Foundation in the summer
of 2007, which argued that the policies have been
inconsistently and inappropriately applied by the re-
gional water boards. CASA and Tri -TAC participated
in the workshop and submitted written comments.
The workshop notice posed a number of questions,
to which CASA and Tri -TAC responded. In response
to the question, "Should the State's Anti - degradation
Policy (Resolution 68 -16) be revised as it pertains
to surface waters? If so, how should it be revised ?"
CASA and Tri -TAC answered "No." During the work-
shop, all or nearly all speakers recommended retain-
ing the existing policy. The letter noted that this policy
predates the Clean Water Act and has been important
to the protection of historic water quality in California.
CASA and Tri -TAC maintain that as applied today in
statewide NPDES permit review, the anti - degradation
policy results in the appropriate level of review to as-
sure that the purposes of the policy are maintained.
Another question posed by the State Water Board
was whether the implementation procedures devel-
oped by the State Water Board (APLI- 90 -04) should
be expanded beyond the point source discharge per-
mitting program. CASA and Tri -TAC commented that
all state waters must be protected through properly
adopted, beneficial uses, water quality objectives
and the anti - degradation policy. Non -point source
programs should properly account for satisfaction
of anti - degradation requirements, either directly
or indirectly. If non -point sources are not required
to account for changes in water quality, then point
sources and the general public will be left with the
entire responsibility, which is an inappropriate shift-
ing of burden. Finally, CASA and Tri -TAC weighed in
on whether the policy should be revised as it applies
to groundwater. The comments recommended that
'he State Water Board draft procedures to facilitate
implementation of the state's anti - degradation policy
.vhen issuing waste discharge requirements and other
permits that impact groundwater. The !etter ilso ar-
gued that the procedures must ensure that a lack of
data is not a bar to moving forward :vith permitting
under other,vise approvable conditions.
•---------------------------------------------------------- - - - - -•
Clean Water CASA, Summit Partners
Summit Will Coordinate Input
Partners for Review of Statewide
General Order for
Collection Systems
,
CASA continues to work closely with the California Water Environ-
ment Association (CWEA) and the other Clean Water Summit partners
to coordinate efforts on implementation of the Statewide General Or- ;
der for collection systems (Order WO- 2006 -003). State Water Board ;
staff has indicated the Board will be reviewing the General Order be-
ginning in May 2009 and may convene public workshops seeking in-
put regarding changes that should be made to the General Order and ;
the Monitoring and Reporting Program (MRP). Tri -TAC held a strate-
gic planning meeting in early November 2008, during which the group
discussed using the time between January and May to begin devel-
oping input from collection system agencies. Participants suggested ;
a series of workshops to seek feedback from permittees regarding
those aspects of the General Order that are working well, those provi-
sions that need to be revised, as well as any other areas that could ;
be addressed in amendments to the General Order.
During a planning meeting in early December, the workshop con-
; cept was developed more fully. As a result of that discussion, it was ;
agreed that the wastewater industry should coordinate its comments
through the existing Summit Partners' collection system committees ;
and provide a single coordinated set of comments to the State Water ;
Board staff. '
,
SSO WDR TRIENNIAL REVIEW
ORDER UPDATE COMMITTEE ANALYSIS COMMITTEE
(DATA
Lead = State Water Board Staff Lead =State Water Board Staff ,
i
INDUSTRY INPUT COMMITTEE
NGO INPUT ;
' PARTICIPANTS:
• Summit Partners' Coll Systems
' Committee Chairs i
• Summit Partners' Govt Affairs
Committee Chairs Partners
• Tri -TAC Chair ;
• Tri -TAC Water Committee Chair
The Industry Input Committee will consist of representatives from
the Summit Partners as well as Tri -TAC. State Water Board staff will
provide the starting point for the process by preparing a set of ques-
'.ions to be shared with each of the associations, which vvill gather
feedback from their members and report back to the Industry Input
Committee. The committee will meet in late April to discuss the input
and prepare a consolidated set of comments. • ;
•-------------------------------------------------------- - - - - --
5
� � Washin ton Report
.,y Eric Sat;irst ut, Ft�dcral L fi < ;lati;e :11v r:.rte
Stimulus Package
GROWING
by the Day
Congressional leaders and the incoming Obama
Administration continue to develop a comprehensive
economic recovery plan. The once limited concept of
providing a few hundred billion dollars of assistance has
grown to a reported $850 billion. The majority of assistance is expected
to target assistance to state Medicaid, unemployment benefits and other entitlement
program spending. However, the need to develop a sustainable recovery has most
congressional efforts targeting public infrastructure with a focus on wastewater,
water and transportation projects.
According to congressional staff involved in the drafting of the initiative, Congress
would require projects to be started almost immediately upon the provision of
assistance. However, it has been noted that the ability to use the federal assistance
within a limited time period of perhaps a year is difficult given the nature of
construction project activities. For this reason, it now appears that any final stimulus
package will impose a timeframe that overall stimulus assistance must be used
:vrthin two years of Congress appropriating the overall stimulus package funding. e
e
CASA Provides
Congress with
Stimulus Information;
Infrastructure
Assistance Anticipated
As Congress continues to develop
an economic stimulus package to
address the financial crisis, which
has wracked just about every sector,
CASA member agencies responded
to a survey from the CASA Sacra-
mento office. The survey resulted
in a list of more than $4 billion of
ready -to -go construction wastewa-
ter and water reuse projects that
can benefit from an infrastructure
assistance program. This program
is currently under development by
the Obama transition team and the
Democratic Congressional leader-
ship. Current speculation centers on
an $800 billion package that would
include funding for water, wastewa-
ter and transportation projects.
CASA submitted the list of projects
to the House and Senate infrastruc-
ture congressional leadership and
Speaker of the House Nancy Pelosi
to demonstrate the need for assis-
tance.
CASA also joined with several na-
tional and state organizations in
a letter urging Congress to move
swiftly on a stimulus bill in January.
In the letter, Congress was urged to
provide $20 billion in infrastructure
assistance that would jump start
the economy by creating 170,000
new jobs. Recently, House Com-
mittee on Transportation and Infra-
structure Chairman James Cberstar
i,D -MN) provided his committee's
recommendations to the Speaker,
:vhich included $9 billion for
: ^,astewater projects. This recom-
rrendation is an increase from the
S6.5 billion that :vas included in an
earlier House bill (H. R. 7110),
approved in September, but
failed to receive Senate con-
sideration before Congress
adjourned.
The precise elements of a
stimulus package remain to
be decided, but Congress and
the incoming Obama Admin-
istration seem poised to rely
on the SRF program to serve
as the vehicle to move federal
funding to local projects.
CASA has alerted Congress
to the importance of providing
guidance to the states that
assistance should be made
available to projects that are
ready to proceed to construc-
tion and not just those proj-
ects that are on the state SRF
priority list. CASA and other
organizations representing
water quality interests have
urged Congress to provide
grant assistance, rather than
loans, to ensure that stimu-
lus- funded projects do not
impose additional burdens
on ratepayers. In addition to
traditional infrastructure as-
sistance, it is anticipated that
Congress may set aside up
to 15 percent of appropriated
assistance to support "green"
infrastructure projects such
as green roofs, stormwater
controls and other projects.
Congressional debate and
passage of a stimulus bill is
slated for the first two weeks
of January, after Congress
convenes Jan. 3. It is gener-
ally understood that Con-
gress would seek to move a
stimulus bill to the president
on Jan. 20 or 21 to allow the
inaugurated President Obama
to sign the recovery package
into law as his first legislative
.accomplishment.
Election Results Bring Shake -up
to Congress
Congress returned to Washington shortly after the Nov. 4
election to begin the process of organizing for the 111"'
Congress. With a strengthened democratic majority in the
House and Senate, a presidential election ushering in a
message of change, and mounting pressure on lawmakers
to address the economy, climate change, energy, and health
care, Congress was bound to see significant changes. In the
often zero sum game that plays out in Washington, D. C.,
California appears to have benefited considerably.
California Democrat Henry Waxman mounted a success-
ful challenge to the chairmanship of the House Committee
on Energy and Commerce, dethroning the longest- tenured
member of Congress, Rep. John Dingell (D -MI). Dingell has
served as the senior Democrat on the committee for 28
years and is the Dean of the House of Representatives. He
narrowly lost to Waxman on a 137 -122 vote.
Waxman is known as an advocate for climate change
legislation, and will likely play a high profile role on the is-
sue next year, along with health care reform. He will also
have authority over drinking water safety and the SDWA
renewal.
The Senate also witnessed a significant shake -up atop the
appropriations panel, with Sen. Ted Stevens (R -AK), the
ranking Republican on the committee, narrowly losing his
re- election bid following a federal indictment, and Robert
Byrd stepping aside to make room for Daniel Inouye (D -HI)
as the chair of the Committee on Appropriations.
Finally the House Democratic Steering Committee is expect-
ed to approve a plan to reduce the size of some commit -
'ees in the 111" Congress in order to reflect the Democrats'
increased strength in Congress. Democrats have picked
up a net of 21 seats, giving the
new House 257 Democrats and
178 Republicans. The plan will
likely reduce the size of several
committees and recalibrate the
majority-to- minority ratio. The
House Committee on Appropria-
tions currently seats 37 Demo-
crats and 29 Republicans, and
will likely be changed to increase
Democrats' numbers. A similar
plan is expected in the senate,
but decisions must await the out-
come of the contested Minnesota
senate race and replacements for
the New York, Colorado and Il-
linois senate seats in January.
Team Green
Unveiled; Californian
to Head Council
on Environmental
Quality
President -Elect Barack Obama
recently introduced his slate of
nominees to head the environ-
ment and energy departments
and agencies. The appointments
are notable for the selection of
individuals with state and local
government and federal agency
experience. Perhaps most inter-
esting in the selection process
was a decision to create a new
official within the White House
who will oversee climate change
policy development with an
emphasis on climate change
policy. Former EPA Administra-
tor Carol M. Browner will serve
as the Assistant to the President
for Energy and Climate Change.
In this role, Browner is expected
to take the lead developing the
new Administration's policy to
combat climate change, .vhich
is an issue that Obarra has indi-
cated he plans to make a cen-
terpiece of his Administration's
_agenda.
c )n[;rn,ed on cage 9
4i) ''
�lflllT"'��
Heading up the Council on
Environmental Quality, an of-
fice sometimes referred to as
the President's environmental
think tank, will be Nancy Sutley.
Sutley most recently served
as Deputy Mayor of the Los
Angeles, where her duties in-
cluded serving as a member of
the Metropolitan Water District
of Southern California Board.
Prior to that, Sutley served on
the State Water Resources
Control Board. She also served
in former Gov. Gray Davis'
Administration at CAL EPA as
Deputy Secretary for Policy
and Intergovernmental Rela-
tions. Sutley's appointment
means that California will have
a home state official who has
hands -on experience with wa-
ter quality regulations and local
government expertise involved
in the Administration's delibera-
tions on how to develop water
quality policy.
Lisa Jackson, Commissioner
of New Jersey's Department of
Environmental Protection will
serve as the next EPA Admin-
istrator. Jackson's selection is
notable because it re- enforces
the commitment by Obama to
tackle the climate change is-
sues. In her capacity as New
Jersey's top environment offi-
cial, she focused on policies to
reduce greenhouse gas emis-
sions. Most recently, Jackson
served as Gov. Jon Corzine's
chief of staff where she was
responsible for developing
policies to reduce greenhouse
gas emissions, resulting in the
state imposing emissions re-
ductions similar to California's
mandates.
Sen. Ken Salazar (D -CO) was
selected to become the Secre-
!ary of the Intenor. Salazar has
,er,ed as a moderate Cemo-
crat. He ser,,ed as Colorado's
attorney general and will be-
come the first Latino to sit atop
the department. His sensitivity
to Colorado's water scarcity
challenges should enhance
federal attention to resolve
water conflicts throughout the
west and perhaps boost fed-
; eral program support for water
supply projects.
Lastly, a second Califor-
nian was tapped to serve in
Obama's cabinet. Steven Chu
of Berkeley National Labora-
tory and Nobel Prize winner
will serve as the Secretary of
Energy. Similar to the other
appointments, Chu is known
for his attention to climate
change - related matters, but
in this case energy technol-
ogy. He is expected to focus
the department's attention on
ways in which alternative ener-
gy technologies can be entered
into the marketplace and re-
duce the country's reliance on
imported energy while reducing
greenhouse gas emissions.
Clean Water Act
Jurisdiction Debate
Remains Open
Legislation addressing the
scope of the Clean Water Act
C'VVA) remains a hot topic in
'.Vashington. Following the
controversial 2006 Supreme
d
Court decision that narrowed
the scope of the CWA, House
and Senate lawmakers strug-
gled in the 110t' Congress to
obtain approval of the Clean
Water Restoration Act (CWRA).
Recent events have only
strengthened bill proponents
resolve to see this legislation
adopted in the 111" Congress.
On Dec. 3, the EPA and U.S.
Army Corps of Engineers
(Corps) issued revised guide-
lines on CWA jurisdiction,
drawing the ire of House Com-
mittee on Transportation and
Infrastructure Chairman James
Oberstar (D -MN). Oberstar
described the guidelines as the
Bush Administration's "latest
assault on the nation's environ-
ment and it resources." The
guidelines marked the second
attempt by EPA and the Corps
to provide guidance to permit
authorities pursuant of the U.S.
Supreme Court's divided ruling
in Rapanos v. United States.
The potential restriction of the
term "traditional navigable
waters" (TNW) is of particular
concern to Oberstar. A TNW
determination can assist EPA
and the Corps in asserting
CWA jurisdiction. The new
guidelines aim to limit TNW to
water bodies used for com-
mercial navigation, a position
that would appear to limit CWA
reach. This spring, Rep. Henry
Waxman (D -CA) challenged the
Corps determination that por-
tions of the Los Angeles River
were not TNWs, which could
potentially eliminate CWA ju-
risdiction over tributaries and
adjacent wetlands to the Los
Angeles River.
The jurisdiction issue has be-
come more urgent follo,.virg
the Supreme Court's Cec. 1
decision to decline a request
from the Department of Justice
to clarify which of two compet-
ing tests - Justice Anthony
Kennedy's "significant nexus"
test or Justice Antonin Scalia's
navigable waters test - should
be used to determine whether
water bodies are jurisdictional.
The Supreme Court's decision
marks the ninth time the court
has done so since Rapanos.
Oberstar's indicates that the
CWRA remains one of his
highest priorities. However, a
critical mass of support is far
from assured next year. During
a series of hearings on the bill,
Republicans joined several rural
and conservative Democrats
to express concern over the
potential expansion of CWA
jurisdiction under CWRA. Ober -
star has signaled his willingness
to amend the bill to gain further
support, but stakeholders dis-
agree on substantive changes
to the legislation that would
bolster future support. One pro-
posal currently under consider-
ation is codifying EPA's current
regulatory definition of "water
of the United States" that are
subject to the law's jurisdic-
tion. This language includes an
exemption for waste treatment
systems and prior converted
cropland, which could entice
rural Democrats to support the
measure. CASA has advocated
for this position in conversa-
tions with Congressional staff.
---------------- - - - - --
Congress and
States Aim to
Curtail Ballast
Water Permit
Impacts
Cn JUly 23, the Ninth Circuit
Court of Appeals repealed a
1973 EPA regulation exempt-
ing certain marine discharges
from the CWA's NPDES scheme.
The regulation specifically provid-
ed that ballast vvater discharges
did not require a NPDES permit.
As a result of the ruling in North-
west Environmental Advocates v.
United States EPA, EPA is facing
a court - ordered deadline to issue
a permit governing ballast and
other water discharges by Dec.
19. Ballast water remains a major
source for non - native species like
the quagga mussel ecosystems,
which can adversely impact the
economy or the environment.
Following the Northwest deci-
sion, Congress moved quickly
to exempt so- called incidental
discharges that are a normal part
of operating recreational boats,
as well as a two -year mora-
torium on fishing vessels and
small commercial vessels. Sen.
Daniel Inouye (D -HI), chairman
of the Committee on Commerce,
Science and Transportation, in-
troduced legislation to give the
Coast Guard authority over bio-
logical pollutants, effectively pre-
empting EPA oversight. In August,
Senate Committee on Environ-
ment and Public Works Chair-
woman Barbara Boxer (D -CA) put
a hold on Inouye's bill, and has
been crafting legislation to allow
EPA to retain oversight of ballast
water discharges.
While EPA and Congress work
on addressing this issue, States
have been seeking new ways to
preserve their authority under the
CWA to regulate discharges from
commercial vessels. California
and other state officials have
warned EPA that they would be
unable to certify that the permit
,.vould not harm their waters and
are planning to implement their
o.vn, significantly stricter require-
ments. Section 401 of the CWA
allovvs states to deny or to require
changes to federal decisions to
ensure they do not undermine
titate water duality.
Discussions on Chemical Security
Legislation Remain Alive in House
Reports from Congressional staff suggest that the House
Homeland Security and Energy Committees are discuss- .
ing how to craft a possible compromise bill on new chem-
ical security legislation. The intent of such discussions
to introduce a bill early in the 1111h Congress. The House
Energy and Commerce (ESC) and Homeland Security
Committees have been locked in a protracted jurisdic-
tional battle over legislation to create final Department of
Homeland Security (DHS) rules governing chemical facil-
ity security. Wastewater treatment facilities are currently
exempt from existing chemical facility regulations known
as the Chemical Facility Anti - Terrorism Standards.
The Homeland Security panel approved H.R. 5577 last
year, which would codify DHS' interim rules while add-
ing wastewater facilities and authorizing DHS to require
facilities to switch to inherently safer technologies. One
such switch could potentially be away from the use of
gaseous chlorine. It is unclear how the departure of Rep.
John Dingell (D -MI) and ascension of Rep. Henry Wax-
man (D -CA) to the chair of E &C will impact the negotia-
tions. Preliminary word from sources involved in discus-
sions have indicated that a compromise may grant the
U.S. EPA a formal consultative role in new DHS rules, a
position supported by CASA. There remains a distinct
possibility that House appropriators may consider add-
ing language addressing chemical facility security into a
fiscal year 2009 appropriations omnibus that vvould be
signed by the president in January.
Congressional
Democrats Move to
Complete Fiscal Year
2009 Appropriations
Package
Congressional Democrats plan
on rolling the remaining nine
spending bills into an omnibus
package that can be presented
to President -Elect Barack Obama
shortly after he is sworn in Jan.
20. On Sep. 27, 2008, Congress
passed a package - signed into
law three days later - that includ-
ed three full -year bills (Defense,
Military Construction- Veterans
Affairs, and Homeland Security)
along with a continuing resolution
that funded programs covered by
the nine other spending bills at
fiscal 2008 levels through March
6, 2009.
Overall funding for an omnibus
spending bill is likely to pro-
vide a boost in spending by
$24.5 billion. House and Sen-
ate appropriations committee
staff spent much of December
working to finalize the omnibus
spending bill. Program allot-
ments are likely to reflect the
incoming Administration's priori-
ties. Information about Congres-
sionally direct spending - ear-
marks - has not been released,
although earmarks will be incor-
porated into the final spending
package. For the all important
SRF program, a final bill is likely
to include at least $800 million
for wastewater infrastructure
assistance. •
State Legislative Report
��E
hh /n
2009 -10 Legislative Session Begins with
Many New Faces
The new 2009 -10 Legislative Session convened Monday, Dec. 1 with both the
Senate and Assembly electing officers and establishing new rules for the Ses-
sion. On the Assembly side, 28 new members were sworn into office, while 11
former Assembly members were sworn into the Senate. The composition of the
Senate will remain the same, with 25 Democrats and 15 Republicans. On the
Assembly side, Cemocrats picked up a net gain of three seats in the November
election, and the Assembly vvill now be comprised of 51 Democrats and 29 Re-
publicans. While `.he leadership has not announced all of the committee appoint -
ji,ents. sorre committee chairs have been selected. On the Senate side, Sen.
Joe Simitian ,mll continue to chair the Environmental Quality Committee, -,vhich
considers rrany bills of interest to CASA, vwhile Sen. Pat Wiggins ',vill chair the
Senate Local Go,.ernn -ent Committee, As of this report, most committee chairs
and committee assignments have not been made by the Assembly leadership.
9
Special Sessions and "Fiscal
Emergencies"
In November, we reported that the governor was
calling another Special Session of the Legisla-
ture, to propose a variety of spending reductions
and revenue increases, in order to address a
projected revenue shortfall of $11 billion in the
current year, and $13 billion in the upcoming
2009 -10 budget year. To address the problem,
the governor proposed a revenue increase
package that contained a 1.5 cent increase in
the sales tax, for three years, an oil severance
tax, expanding the sales tax to additional ser-
vices, and adding a nickel - per -drink alcohol tax,
along with sizeable reductions in the current
year, including a $2.5 billion cut in education
funding. Subsequently, the Democratic lead-
ers crafted the "November alternative," which,
among other things, called for reinstating the
Vehicle License Fee, and other revenue increas-
es, along with significant cuts in the current year.
Because of strong Republican opposition to tax
increases, the plan ultimately failed.
When the new Regular Session convened on
Dec. 1, Gov. Schwarzenegger declared a "fiscal
emergency," and called a new Special Session
to deal with the budget crisis, which was ap-
proaching $40 billion over the next 18 months.
He subsequently called a second "fiscal emer-
gency" Special Session, under his Proposition
58 constitutional authority. The Legislature
has only 45 days, during a "fiscal emergency"
Special Session, to either adopt the governor's
plan, or adopt an alternative.
----------------------------------
The Republican Proposal
In mid - December, the Assembly and Senate
Republicans, who had been criticized for fail-
ing to offer alternatives to any of the proposed
Budget solutions, came forth with their own
plan. bVhile the plan was never put in Legisla-
tive bill form, the Republicans released a posi-
tion paper, .vhich outlined "$22 billion in solu-
tions," through "revenue measures and spend-
ing reductions," vvith the largest focus being
cuts of $15.6 billion, including a vvhopping
$10.6 billion cut to K -12 education funding,
and additional revenue suggestions of
$6.5 billion, to reach the $22 billion. Of
the $6.5 billion in revenues, $6 billion is
dependent on obtaining voter approval
to (1) Redirect $2.1 billion of Proposition
10 funds currently slated for children's
health programs, and (2) By redirecting
$3.9 billion of funds from another initia-
tive passed by the voters, Proposition
63, which established funding for mental
health programs. The remaining $500
million, to reach the $6.5 billion rev-
enue total, were all previous Democrat
proposals such as transferring money
from the Motor Vehicles Account, etc.
The Republicans also insisted on eco-
nomic reform legislation, unrelated to
the budget, such as extending deadlines
for greenhouse gas and engine retrofit
solutions, allowing employers to create
workweek flexibility programs, chang-
ing laws regarding meal and rest breaks,
enacting a strict spending cap on the
state budget, etc.
Unique Democrat Plan
Finally, in late December, frustrated
by the Republicans' refusal to vote
for any tax increases (which requires
a two- thirds vote in the Legislature),
the Democrats put forth a unique plan
which allowed them to address a little
less than half of the $40 billion short-
fall, through a combination of cuts,
revenue increases, and other solutions,
for a total of $18 billion over the next
18 months. The largest source of row
revenues in the plan was the so- called
"gas -tax swap," vvhich would generate
close to $6 billion, by eliminating the
existing 18 cents - per - gallon state ex-
cise tax on gas, and the state sales tax
on gasoline, and replace it with a user
fee of 39 cents - per - gallon, to replace
the lost transportation funding.
The state Constitution requires a two -
thirds vote of the Legislature to increase
a "tax," while only a majority vote is re-
quired to increase a "fee." The Constitu-
tion also provides, that as long as overall
increases are offset by other reductions,
only a majority vote is challenged. Con-
sequently, the Legislative Counsel's
Office, informed the Legislature that the
above action, along with a 9.9 percent
oil severance tax, a 2.5 percent income
tax surcharge for the next two years, a
3 percent withholding requirement on
independent contractors, authorization
of an additional .25 cent county sales
tax for transportation purposes, as well
as undoing the complicated "triple -
flip" mechanism and replacing it with a
"single- flip," would pass constitutional
muster. However, the Howard Jarvis
Taxpayers Association and Republicans
were quick to point out that they would
go to court over the fees vs. taxes issue
in the Democratic plan if it were signed
by the governor.
Within minutes of the passage of the
new Democratic plan, the governor
indicated that he was less concerned
with the uniqueness of the Democrat's
plan than he was about insisting on
demands for his "economic stimulus"
proposals, specifically, broad design -
build authority, and provisions to al-
low for private contracting for major
j construction projects, as well as some
form of "mortgage relief." At the same
time, the governor called a second
Proposition 58 "fiscal emergency" Spe-
cial Session, which, together with two
previous regular sessions indicates the
difficulty in addressing the state budget
crisis. Fearing a veto by the governor,
the Democratic leaders chose to hold
off sending their bill and corresponding
budget "trailer bills" down to the gov-
arnor. Instead, Assembly Speaker Bass
and Senate President pro tem Stein-
berg continued to hold regular discus-
sions with the governor.
Governor Releases
2009 -10 Budget
On New Year's Eve Day, the governor's
office released the outline of the 2009-
10 budget, which was not expected to
be released until Friday, Jan. 9, 2009.
The budget projects a deficit In the cur-
rent year of $14.8 billion, which, if unad-
dressed, will grow to almost $41.8 billion
by the end of the 2010 fiscal year. The
governor's proposed budget solutions
include many of his earlier proposals,
such as the 1.5 cent increase in the sales
tax through December 2011, as well as
some of the earlier provisions put forth
by the Democrats, during the Special
Session. The governor's expenditure
reductions account for about 42 percent
of the proposed $41.6 billion in solutions,
followed by new revenues of 34 percent,
"securitizing" the Lottery to generate $5
billion, or approximately 12 percent, and
another $5 billion or 12 percent through
borrowing. Almost $4.7 billion of the bor-
rowed funds would be through selling
Reimbursement Warrants (commonly
known as RAW's), in July 2009.
Most of the reductions would be in the
areas of education, health and human
services, and the corrections and reha-
bilitation budget. Savings would also be
generated by requiring state employees
to take a two -day furlough per month,
beginning Feb. 1, 2009, and the elimina-
tion of two state holidays. Meanwhile,
the state Controller has stopped issuing
bonds for major state and local construc-
cont,nt,ed on page 12
It
,111
��4 n.
tion projects, as the state is
expected to run out of cash
sometime in late February.
California's credit rating, which
is second from the bottom of
all 50 states, may soon be at
the bottom, resulting in huge
additional fees for any state
borrowing, such as the RAW's
proposed in the governor's
budget.
Specifically, of interest to CASA
agencies, the Budget does not
significantly impact the EPA
or SWRCB budget. However,
the governor has proposed to
eliminate the Integrated Waste
Management Board, as part of
the "blow up the boxes" con-
cept he championed when he
first took office.
Impact on CASA
Members
Nearly 70 of CASA's 120
members receive a significant
amount of property taxes to
fund their operations. None of
the proposals put forth thus
far focus on borrowing prop-
erty taxes, as allowed under
Proposition 1A. Similarly, the
prior Legislative Analyst's Of-
fice UNO) proposal to shift
property taxes from .vaer
,in,d ,,vaste�r�ater agencies,
to fund the so- called "parole
realignment" plan, has not
resurfaced. Ho,.vever, during a
haaring by the Senate Budget
Subcommittee on Resources, in mid- December, the LAO dusted
off its proposal from earlier this year, arguing for a $10 per year
user fee, on either water or wastewater customers in 2009 -10,
to offset $18.5 million in general fund dollars, currently being
used for "programs outside the core regulatory programs," such
as TMDL's, Basin and Groundwater Planning, and Non -point
Source Pollution programs. j
CASA is arguing against the fee proposal, citing numerous
concerns, particularly the limited ability of agencies that collect
charges on the property tax bill, to find sufficient space to delin-
eate the purpose for such a fee.
will provide the opportunity
for CASA members to (1) In-
troduce themselves to newly
elected, and incumbent leg-
islators, in their district, (2) To
provide information about their
agency, (3) Avail themselves
as a resource, and (4) Discuss
any legislative issues in the
upcoming 2009 -10 Legislative
Session.
---------------------------------------------
"Day in the District" Scheduled for
Feb. 13, 2009
President Harry Price and I are hoping that all CASA members
will take the opportunity to participate in CASA's first "Day in
the District," to meet with their Legislators on Feb. 13, in their
district offices. During the legislative year, legislators usually
return to their district offices Thursday afternoon, and are gen-
erally available on Fridays for quality meetings, as opposed to
their hectic schedules while in Sacramento. This advocacy effort
i Individual agencies may also
--------------------------------------- - - - - --
take this opportunity to invite
Commission to Examine California's
their legislator to tour local
Revenue System
facilities. In early January, your
I agency received information
In November, Gov. Schwarzenegger signed Executive Order
on "Day in the District," along
with a listing of the 32 newly
S- 12 -08, to create the new bipartisan Commission on the 21st
elected legislators, indicating
Century Economy to "re- examine and modernize California's
I those who have previously
out -of -date revenue gathering laws that contribute to our feast-
I served in local government.
or- famine state Budget cycles." The 12 member commission,
Once appointments have
chaired by Republican appointee Gerald Parsky, and made up
been set with legislators, the
of six members appointed by the governor, three by the Speak-
CASA office will be sending
er of the Assembly, and three by the Senate President pro Tem,
out information about CASA,
will suggest changes that will result in a more stable revenue
and pertinent issue papers
stream. The announcement of the bipartisan commission notes
that you will leave with your
that California's tax system has not been restructured in more
legislator after your meeting.
than 80 years, even though the economy has changed dramati-
You will also be able to pull
cally, and that 50 percent of California's personal income tax
this information up on CASA's
revenues come from just 1 percent of wealthy residents. Simi-
Web site, in order to assist you
larly, nearly 15 percent of the state's revenue comes from taxes
in preparation for the meet -
from capital gains. Consequently, according to the governor's
ing. It would be appropriate to
office, boom years produce more spending than can be sus-
also leave some information
tained in bust years, putting state services in constant annual
with your legislator, specific to
jeopardy. Illustrating the volatility inherited in California's current
your agency such as unique
tax system, the governor's Executive Order cites as an example
projects, special awards, etc.
a 28.1 percent increase in personal income tax revenue in fiscal
Please join us for this special
year 1999 -2000, followed by a 29.5 percent decrease in per- j
event. The networking com-
sonal income tax revenue in fiscal year 2001 -02. The Commis-
ponent of this advocacy op-
sion will report the findings to the governor and the Legislature
portunity is very important to
by April 15, 2009.
CASA's legislative outreach. •
---------------------------------------------
"Day in the District" Scheduled for
Feb. 13, 2009
President Harry Price and I are hoping that all CASA members
will take the opportunity to participate in CASA's first "Day in
the District," to meet with their Legislators on Feb. 13, in their
district offices. During the legislative year, legislators usually
return to their district offices Thursday afternoon, and are gen-
erally available on Fridays for quality meetings, as opposed to
their hectic schedules while in Sacramento. This advocacy effort
i
Report
� g r
Task Force Efforts Continue as
CASA Investigates Role in Addressing - Y
Issues Surrounding Maintenance
of Private Sewer Laterals
5y 0,ivid R.','Jilhams, CASA Dir:ctor.At -Urge _wd Priv,ite Sesvra UNt cil t,35k Farce Ch,dr
In '21'1.)08, CASA fonred a Private St_, II ar Lateral (PSL) Fa�;k Force, now composed of more,
t1,an :30 r presentc3tives from the CASA rnernbership, to explore sponsoring legislation in
C;tlifoini:a tl ;at',vou!d address the issue of private laterals and their contribution to SSOs.
The PSL Task Force is chargid with framing priv,3te later:--il issues, avall_rating options to
_iddress the PSL is,�ue and reduce the pot, -wial for both blockages and I!I (and resulting
SSOs), presenting information on possible legislative approaches, and providing recom-
mendations to the CASA Executive Board.
Privately -owned sanitary sewer laterals, private later-
als, can be significant contributors to both sanitary
sewer overflows (SSOs) and inflow and infiltration
(1 /1) of stormwater into sanitary sewer systems. While
publicly -owned sanitary sewer systems in California
are now subject to comprehensive statewide waste
discharge requirements, no similar regulations exist
for addressing private laterals, which often account
for half or more of the total collection system and, if
not properly maintained, contribute to sanitary sewer
overflows. Private laterals are essentially "out -of- sight,
out -of- mind," and, therefore, most property owners
only react when there is a sudden failure of their lateral.
The PSL Task Force, with the assistance of EMC Re-
search, an independent opinion research company,
developed two surveys on private lateral issues. The
surveys were intended to better gauge CASA member-
ship's thoughts on the current state of private lateral
programs in California and to evaluate CASA's possible
role for support via public outreach, development of
model ordinances, or support for statewide legislation.
The first survey was conducted in July and August of
2008. This survey was designed to collect information
from CASA member agencies in three major areas: 1)
demographic information about each agency's size
and type, 2) any current efforts to inspect and main-
tain private sevver laterals, and 3) opinions on possible
CASA action on PSL issues. The results of the initial
surrey were presented at the August 2008 CASA con-
ference in Mor!erey.
The results of the first survey led the Task Force to de-
velopment of a draft proposed legislative framework.
This draft framework outlined the key tenets that might
be included in statewide PSL legislation. The elements
of the framework were based on the results of the first
survey and additional research into existing PSL ordi-
nances throughout the state. This framework was dis-
tributed to the CASA membership in a second survey,
which asked agencies whether they would support leg-
islation based on the proposed framework.
The second survey was conducted in October 2008
and resulted in very positive response rate. More than
80 agencies ( -70 percent of the CASA membership) re-
sponded to the survey. The results of the survey showed
majority support for the proposed framework, with more
than two- thirds of responding agencies in support. Ap-
proximately one -fourth of the responding agencies were
opposed to the framework, while 9 percent were unde-
cided. These results, along with additional agency com-
ments submitted via the survey, were presented to the
CASA Board at the annual retreat in November 2008.
The results of the second survey and additional Task
Force efforts will be presented to both the CASA Execu-
tive Board and the general membership at the January
conference in Indian Wells. The efforts of the Task Force,
along with the results from both surveys, will allow the
CASA Executive Board to make informed decisions that
are reflective of the wishes of the CASA membership.
Additiorally, the Task Force's analysis of private ! ateral
programs in California oll provide useful irformation for
collection system agencies throughout the state. •
.3
Affairs Report
Le g a
by llohert.i t.;ir:an, Direc;tur .i( Loj, l & 'ie,y J )tnry aff lir5
-0� J �.
a
After years of preliminary motions
and multiple rounds of briefing,
Contra Costa County Superior Court
Judge David Flinn has signaled his
intention to uphold the 2002 State
Water Resources Control Board
order regarding the NPDES permit
for the city of Vacaville's Easterly
Wastewater Treatment Plant. The
court's tentative ruling on the merits
of multiple causes of action rejects
the challenge filed by CASA and the
city of Vacaville in 2001.
In his draft decision, which is relatively
brief and contains few citations to authori-
ty or the voluminous administrative record,
the judge concedes that the regulatory
process to which Vacaville was subjected
is less than ideal. However, "[i]t is not the
role of the judiciary to determine which
regulatory scheme is 'best' or 'most func-
tional.' If it were, the court would certainly
recommend a different approach here...
while... the process is less than efficient.
.. '�t] does not appear to lead to arbitrary
or capricious results... and thus is not il-
legal" (Tentative Order, City of Vacaville v.
SWPCB, Oct 24, 2008).
Judge Flinn is expected to issue a final
decision in January or February of 2009
following an additional hearing, which
has yet to be scheduled. At that hear-
ing, attorneys for CASA and Vacaville
Tentative Decision
Upholds State Water
Board Order Regarding
the City
Permit
will attempt one last time to persuade
the judge to revise his ruling.
The State Board decision in large
part affirmed the 2001 permit issued
by the Central Valley Regional Water
Board. The State Board designated its
decision as "precedential," meaning
this decision sets precedent for other
similar permitting decisions by regional
boards throughout California.
In 2002, CASA and Vacaville each filed
petitions for writs of mandate with the
Superior Court challenging the Regional
Board's permit, the Basin Plan provi-
sions on which the permit provisions
were based, and the State Board's
decision upholding that permit. CASA's
and Vacaville's petitions for writ of
mandate have followed a tortuous route
through the court system. The petitions
were consolidated and transferred from
Solano County to Contra Costa County.
There, they were the subject of two mo-
tions to intervene by WaterKeeper or-
ganizations. The motions were both de-
nied, which led to an appeal and a stay
of the petitions themselves while that
appeal was pending. After the case was
returned from the Court of Appeal, after
affirmation of the trial court's refusal to
allow the WaterKeepers to intervene,
the case was then the subject of mul-
tiple procedural motions, including one
contending the cases ',vere moot due
to the passage of time and the subse-
quent renewal of Vacaville's permit.
of Vacaville
CASA and Vacaville successfully de-
fended against these efforts by the
state to avoid a decision on the merits
and the October tentative decision
came after many months of briefing
and multiple court appearances. One
of the key issues in the case involves
the application, or misapplication, of
the so- called Tributary Statement.
CASA argued that the Tributary State-
ment does not actually "designate"
beneficial uses, but rather requires the
Regional Water Board to conduct an
analysis of beneficial uses of tributary
streams at the time it proposes to ap-
ply water quality objectives to those
streams. The court's tentative decision
essentially concludes that, as long as
the Regional Water Board has a pro-
cess that allows the Basin Plan to be
amended to remove unsupported ben-
eficial uses, it passes muster with the
courts. The court believes the Tributary
Statement is simply a burden - shifting
"presumption" that can be rebutted by
a discharger through an administrative
proceeding outside the permitting pro-
cess. CASA disagrees and believes the
rulemaking record for the Basin Plan
does not establish that the Tributary
Statement was intended to actually
designate beneficial uses and that, if
it did, the Regional Board never con-
ducted a proper analysis of the factors
required to be considered when setting
water quality objectives. •
CASA Files Brief negates such flexibility and
in CECA Baseline instead requires prior CEQA
documentation for baselines
Cease Before the grounded in existing permitted
California Suprerne levels or performance.
Court
On Nov. 10, 2008, the Califor-
nia Supreme Court granted
CASA's request to file an am-
icus curiae brief in Communi-
ties for a Better Environment
v. South Coast Air Quality
Management District (2007)
158 Cal.AppAth 1336 (CBE).
The primary issue in the case
is how to determine the proper
baseline under the California
Environmental Quality Act
(CEQA). The Court of Ap-
peal held the baseline gener-
ally hinges on actual existing,
rather than permitted, condi-
tions. CBE requires documen-
tation of prior CEQA review
for a lead agency to consider
performance in determining
baseline. If left to stand, CBE
may have far - reaching con-
sequences for CASA member
agencies with permits that
require facility or operational
modifications or periodic
renewal. CASA was among
those organizations that sup-
ported Supreme Court review
of the case last spring.
As CASA explained to the
court, CBE could substantially
affect the ability of member
agencies to provide vital
wastewater services. Other
courts have held that the max-
imum permitted level of activ-
ity at the site may serve as the
baseline for environmental re-
view. Accordingly, the permit -
tee may rely on its permits to
assess facility or operational
changes without concern for
periudic or erratic fluutuatiuns
in use caused by anything
from seasonal variances to
changing market forces. CBE
As a result, public entities
may have to perform and
re- perform environmental
analyses based on modifi-
cations from fluctuations in
use. CBE may even require
lead agencies to duplicate
environmental review where it
was completed, but no physi-
cal documentation of such
review exists. In addition, the
modification or permitting of
existing wastewater facilities
could be subject to CEQA re-
view not previously required.
For example, modifications
considered minor when de-
termined by way of a permit -
based baseline may no longer
qualify for a Class 1 categori-
cal exemption. This means
that environmental review may
be necessary for a negligible
expansion of use as compared
to the maximum permitted
level of use. Finally, requiring
public agencies to produce
j prior CEQA documentation to
factor performance into the
baseline would allow project
opponents to challenge deci-
sions previously made under
CEQA after the statute of limi-
tations runs.
CASA explained to the court
that for these reasons, the
CBE ruling is unworkable and
inconsistent with CEQA and
its implementing regulations.
CBE is likely to increase the
challenges CASA member
agencies face when they per-
form crucial public services.
Member agencies .rill be less
able to rely on the finality of
prior decisions and may be
distracted from their essential
missions by needlessly re-
viewing or second- guessing
their choices. Accordingly,
CBE will interject additional
delay and expense into the
modification or permitting of
wastewater facilities. The case
is now fully briefed and pend-
ing oral argument.
Court Scales Back
Prior Judgement in
Los Angeles Basin
Plan Case
In July 2008, the Orange
County Superior Court issued
a decision holding the Los
Angeles Basin Plan unlaw-
ful as applied to stormwater
discharges and ordering the
Los Angeles Regional Water
Board to "cease, desist and
suspend all activities" apply-
ing the Basin Plan water qual-
ity standards to stormwater
discharges. City of Arcadia, et
al. v. State Water Resources
Control Board Case No.
06CCO2974 (July 2, 2008.)
The judgment generated a
significant reaction from the
State Water Board and en-
vironmental interveners. For
example, the Water Board Of-
fice of Chief Counsel halted all
enrollments under the general
industrial and construction
stormwater permits. In No-
vember 2008, Judge Thierry
Patrick Colaw issued a revised
judgment allowing the State
and Regional Water Board to
continue to apply the Basin
Plan to stormwater permits
during the process of revising
the regulation in accordance
with the court's order.
In the case, 21 cities and the
Construction Industry Defense
Foundation challenged the
application of Basin Plan ob-
jectives to stormwater on the
grounds that the Regional Wa-
ter Board had never considered
the economic and other effects
of the regulations on stormwa-
ter discharges as required by
the California Water Code. The
court agreed with petitioners,
noting that water quality stan-
dards cannot be applied to a
category of discharge for which
the factors set forth in Water
Code section 13241 had never
been analyzed.
The court also found that,
having rejected "out of hand"
the cities` request that storm -
water impacts be examined
as part of the 2004 Basin Plan
triennial review, that the State
Water Board could not now
point to that process as the
proper avenue for the petition-
ers to seek relief. "To argue
that the Petitioners should
have attacked the Standards
back in 1975, 1990, or 1994
when they had no reason to
and were not harmed thereby,
to suggest that the triennial
review is the proper time and
place to urge changes and
then to fail to conduct the
triennial review as suggested
by the Boards themselves and
as required by law is precisely
the type of behavior that was
so bitterly criticized in a
concurring opinion of City
of Burbank v. State Water
Resources Control Board.
The Board should not have
brushed off the Petitioners'
comments and urgings to per-
form the ;required analysis)." •
4%.]r Biosolids Pmgmm Report
,y ;;r>g Kaitar, 3 it) ;ulids Pr, )yrI {n ,,1:ui.3gar
Much has happened relative to biosolids management since my last report. I cannot
overstate my continued enthusiasm and excitement in dealing with the challenges fac-
ing us in the California biosolids program. I have truly appreciated everyone's warm
welcome. My efforts have continued in trying to meet as many of you as possible and
touring your wastewater treatment plants as well as your land application sites or alter-
native disposition locations. I believe this is critical so that 1 can better understand your
programs and your issues and then work with you to find solutions. While I have met
with most of you already, if I have not done so yet, or if there are new issues that I may
be able to help you with, please let me know.
I would like to update you on several issues of interest regarding biosolids:
Emergency Fire Reclamation
Resolution to use Biosolids
Compost
The Santa Ana Regional Water Quality Control
Board passed an emergency resolution Nov.
28 in response to the governor's declaration
of portions of Orange, Riverside and San Ber-
nardino counties as disaster areas due to the
Freeway Complex Fires in mid - November. The
emergency resolution facilitates and invites the
use of biosolids compost to be used to reclaim
the fire ravaged land. The main purpose of the
biosolids compost application is to provide ero-
sion control and slope stability. CASA attended
a meeting Dec. 17, at the Santa Ana RWQCB
,e
in Riverside along with members of the CIWMB
and a number of compost producers and mu-
nicipalities affected by the fires. The meeting
was viewed as a tremendous opportunity to
demonstrate the benefits of biosolids on fire -
ravaged land and we are working proactively to
achieve this. We will work to keep CASA mem-
bers apprised of our progress and results.
As reported earlier, CASA's Biosolids Program
has worked with researchers at Utah State Uni-
versity, the University of Washington, EPA Re-
gions 8 and 9, and with professionals from the
U.S. Forest Service in California, Cal EPA, sev-
eral CASA members, and others to develop a
research proposal to study the benefits of bio-
solids and biosolids compost for the purpose
of reclaiming fire - ravaged
land. The work in the Santa
Ana Region will be a full -scale
field application, but we will
monitor it as if it is research.
It is hoped that success here
will facilitate biosolids use for
these purposes statewide.
Also ongoing, is fire reclama-
tion research for which CASA
was contacted by the Univer-
sity of California, Riverside,
and the CIWMB to participate
in. UC Riverside will conduct
the research under a grant
from CIWMB. Inland Empire
Utilities Agency will assist with
the research.
CASA Members
Starting Up New
Technological
Systems for
Biosolids
There are a number of CASA
members with new biosolids
treatment systems that have
recently, or will soon, go online.
The Encina JPA began opera-
tion of their new heat dryer in
November. The heat dryer is
fueled primarily with digester
gas and produces a Class
A biosolids pelletized mate-
rial. Encina plans in the short
term to utilize its pellets as an
alternative fuel for the cement
industry. Long term, it hopes
to develop alternative mar-
kets, such as agricultural, golf
course, and a bagged product.
Ventura Regional Sanitation
District also anticipates a
March 2009 start-up of its new
heat dryer at the Toland Road
landfill. The dryer will be fu-
eled 100 percent with landfill
gas and produce a Class A
biosolids product. This project
eliminates one million miles of
tn�ck travel and 1,800 tons of
CO2 eiriss on annually. It also
provides a local solution under local governance for the district's
biosolids management.
The Ennertech facility in Rialto started up in October 2008, and
while working through some anticipated start-up issues, is ex-
pected to be at full operation early this year.
--------------------------------
------- - - - - --
U.S. Sen. Barbara Boxer Cancels Hearing/
Briefing on Biosolids
Sen. Boxer had originally scheduled a hearing on Sept. 11,
2008, relative to biosolids, before the Committee on Environ-
ment and Public Works, which she chairs. Upon learning that
minority staff had invited a testifier from the city of Los Angeles
who would be representing NACWA, she cancelled the hearing
and rescheduled it as a briefing. The city's ongoing litigation
with Kern County and the desire for the committee to remain
neutral on any litigation is the cause of this.
Several well -known anti - biosolids activists and a NACWA repre-
sentative from Central Davis, Utah, were invited to the briefing.
The briefing was cancelled at the 11'" hour when the committee
staff received a letter from an attorney for two of the scheduled
speakers, to the University of Georgia, which is a defendant
in ongoing litigation with them. The same reasoning related to
litigation was given as the justification for the cancellation. We
will continue to ensure that Sen. Boxer and the EPW Committee
have access to relevant research and the beneficial realities of
biosolids recycling. It is unknown at this time whether the sena-
tor will take any action in the next legislative session.
Checklist Developed as Outcome of
Cross Media Roundtable
The Biosolids Cross -Media Roundtable held May 16, 2008, in
Sacramento, was attended by high- ranking officials of CAL EPA,
local Air Districts, and Regional Water Boards. The roundtable
provided succinct overviews of cross media impacts that have
affected biosolids use as a direct result of SJVAPCD rule 4565,
SCAOMD rule 1133.2 and SCAOMD rule 1110.2, respectively.
A candid and open dialogue of all participants followed, in
which it was acknowledged that while regulatory agencies do
sometimes work in silos, that framework is often dictated by
federal and state law. It was recognized that better communica-
tion and awareness will help alleviate cross media impacts in
the future. To that end, it was agreed that a checklist should be
developed that regulatory agencies can use when contemplat-
ing new regulations for the purpose of identifying and further
assessing such impacts that may arise as an unintended con-
sequence of the regulatory action. CASA has assembled an
excellent team of volunteers to develop the checklist and have
finalized a draft ,ersion. We are hoping to introduce it to CAL
EPA by late January or early February.
County Ordinances
San Luis Obispo County has
an ordinance modification
out for public comment that
would prohibit all but a lim-
ited quantity of Exceptional
Quality biosolids from land
application. It would also
require all biosolids used as
compost feedstock to be
exceptional quality, prior to
composting. The county has
extended the comment pe-
riod on the draft ordinance to
Feb. 1, 2009.
CASA has sent a comment
letter to the county and re-
mains in dialogue with them
on it. No final action is antici-
pated on the new ordinance
until 2010. In addition, CASA
is continuing to evaluate
its options for responding
to Measure X, the Imperial
County initiative ordinance
that bans all importation of
biosolids. A legal challenge
to the ordinance, which is
clearly vulnerable under both
federal constitutional grounds
and under state law, is be-
ing considered. The appeal
by Kern County to the court
decision is ongoing, which
overturned their restrictive
Measure E ordinance. A final
decision is not expected until
late 2009 or early 2010,
cortrnued on page 18
E- Subscribe to the
Biosolids Listsery
A biosolids communication
tool known as a Listsery has
been created for the benefit
of all CASA members. This
tool is used for electronic in-
formation exchange by mem-
bers to inquire about biosol-
ids issues from others in the
field. Please contact Greg
Kester if you would like to
subscribe to the listserv. Also,
it should be noted that thus
far the listserver has func-
tioned as a one -way commu-
nication tool from Greg to the
list members. It is hoped that
more of you will take advan-
tage of the two -way capabili-
ties as any list member can
send a question or comment
to the entire group.
National Biosolids
Partnership Update
As co -chair of the Advisory
Committee and a member of
the Steering Committee to the
National Biosolids Partnership
(NBP), a series of recommenda-
tions for changes to the EMS
audit requirements were Bevel-
; oped and presented to the NBP
Steering Committee at meetings
in early 2008.
The changes were intended to
provide more flexibility for agen-
cies desiring less frequent audits
or who wish to utilize means
other than independent third -
party certification to demon-
strate the strength of their pro-
grams. These would have been
encapsulated in a newly defined
tier system. Those with the need
for continuing Platinum level
third -party certification would
continue with the current re-
quirements, and be recognized
for superior achievement.
That recommendation was
modified by the partnership, and
introduced as the new Biosolids
Best Practices Network, which
allows an agency to develop an
EMS, but to not have it certified
by an independent third party.
Congressional funding remains
uncertain for the partnership,
and they are now operating
on lesser funds provided by
WEE, and in kind support from
NAC WA.
I
Congratulations should be
given to the city of Los Ange-
les, Orange County Sanita-
tion District, East Bay MUD
and Encina JPA for recently
becoming re- certified for their
EMS program. The city of
Santa Rosa is currently in the
audit process to become certi-
fied for the first time.
---------------- - - - - --
Rapid Incident
Response
Research
At the Water Environment
Research Foundation (WERF)
biosolids research summit in
2003, key stakeholders were
brought together to recom-
mend and prioritize national
research needs for the biosol-
ids program. The number one
need identified was an inves-
tigative protocol that could be
used whenever a complaint
of adverse health effects at-
tributed to biosolids land ap-
plication was received. WERF
funded this project, with as-
sistance from EPA, and I have
been serving on the Project
Sub Committee (PSC) since
its formation.
The project has been staged
into three phases. Phase one,
which has now been com-
pleted by researchers at the
University of North Carolina
developed the investigative
protocol; phase two will pilot
test the protocol in the field
and modify it as necessary,
and phase three will make the
protocol available nationally
and include the development
and distribution of communi-
cation tools. This project was
the first "public partnering"
effort by WERF, which meant
that interested members of the
public were included on the
PSC. This yielded both chal-
lenges and ultimately a better
work product. The phase two
contract has been awarded
to the Franklin County, Ohio
Public Health Department. We
held an initial meeting with
the department in November
and I was very impressed with
the project team. I hold high
hopes for the department's fi-
nal work product. Work should
initiate early in 2009 and be
completed by July 2010. •
Q REnsuring Clean Water for California
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2009 No.: 8.a. Treatment Plant
Type of Action: AUTHORIZE PURCHASE
Subject: AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE
NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL
ENERGY NORTH AMERICA, LP, FOR THE PERIOD OF JANUARY 1,
2010, THROUGH DECEMBER 31, 2012, AT A PRICE NOT TO
EXCEED $9 PER DECATHERM
Submitted By David J. Reindl, Initiating Dept✓Div. Plant Operations/
Senior Engineer Maintenance Engineering
REVIEWED AND RECO ENDED FOR BOARD ACTION:
D. Reindl D Craig M graves
f'
i
ames M. elly,
General Manager
ISSUE: Board authorization is requested for the General Manager to prepurchase
natural gas (NG).
RECOMMENDATION: Authorize the General Manager to prepurchase NG through a
service agreement with Shell Energy North America, LP (Shell Energy), for the period of
January 1, 2010, through December 31, 2012, at a price not to exceed $9 per
decatherm (dth).
FINANCIAL IMPACTS: Purchasing NG each month at market price risks market price
volatility and excessive District expenditures. Based on past experience, staff believes
that prepurchasing NG can result in substantial cost savings. The fiscal year 2008 -2009
budget for NG is $4,548,000.
ALTERNATIVES /CONSIDERATIONS: The District could purchase all of our NG needs
at the end of each month or other frequency at market price.
BACKGROUND: The District uses approximately 468,000 dths of NG annually for the
treatment plant's cogeneration system and as backup fuel to landfill gas used in the
multiple -hearth furnaces and auxiliary steam boilers. The cogeneration plant uses
approximately 95 percent of the District's NG use.
For the past two years, NG prices have remained in the $8.00 to $13.00 /dth range. This
price trend has substantially changed in recent months due to the downturn in the
economy and the corresponding reduction in NG demand. The current pricing for one -
year strips of NG for the years 2010, 2011, and 2012 are $6.82 /dth, $7.39 /dth, and
$7.58 /dth, respectively. In June 2008 the Board of Directors authorized staff to
N: \POSUP \Correspondence \Position Papers\2009 \Natural Gas Prepurchase - 3 yr.doc
POSITION PAPER
Board Meeting Date: February 5, 2009
Subject: AUTHORIZE THE GENERAL MANAGER TO PREPURCHASE
NATURAL GAS THROUGH A SERVICE AGREEMENT WITH SHELL
ENERGY NORTH AMERICA, LP, FOR THE PERIOD OF JANUARY 1,
2010, THROUGH DECEMBER 31, 2012, AT A PRICE NOT TO
EXCEED $9 PER DECATHERM
purchase NG through calendar year 2009. Staff has purchased approximately 80
percent of the District's NG needs at a price of $9.26 /dth. The remaining 20 percent is
being purchased on the spot market, which is currently below $5.00 /dth. If the spot
market price remains at or near $5.00 /dth, the District's average price for NG for
calendar year 2009 would be approximately $8.40 /dth. Staff budgeted $9.71 /dth for the
first half of calendar year 2009. The current spot market prices are at $4.50 /dth; gas
prices have not been this low since 2003. These prices change daily, but reflect
significant market weakness. Mr. Cameron Raether, the District's gas consultant from
Valtech, believes that this market weakness offers a buying opportunity for future gas
needs. Although the current spot market is lower than the current price of 2010 NG, the
spot market is highly volatile and will increase with economic recovery. If the District
were to purchase NG at the current 2010, 2011, and 2012 pricing, the District would
reduce the annual NG expenditures by $437,000 in fiscal year 2009 -2010; $790,000 in
fiscal year 2010 -2011; and $668,000 in fiscal year 2011 -2012 when compared to the
fiscal year 2008 -2009 projected NG expenditures.
Locking in a fixed price for NG will ensure the District against an upside cost; there is a
market risk if prices go down, but staff believes the down side benefit is less than the
upside risk. Accordingly, staff recommends. Board authorization to allow the General
Manager to prepurchase NG for the period of January 1, 2010, through December 31,
2012. By authorizing gas purchases to 2012, the District would be able to take
advantage of recent reductions in energy costs and would be able to stabilize our energy
budget for a period of three years. The General Manager will keep the Board apprised
of NG purchases.
RECOMMENDED BOARD ACTION: Authorize the General Manager to prepurchase
NG through a service agreement with Shell Energy North America, LP, for the period of
January 1, 2010, through December 31, 2012, at a price not to exceed $9 /dth.
N: \POSUP \Correspondence \Position Papers\2009 \Natural Gas Prepurchase - 3 yr.doc
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: February 5, 2008 No.: 9.a. Collection System
Type of Action: ACCEPTANCE OF REPORT
subject: BOARD ACCEPTANCE OF 2008 COLLECTION SYSTEM SANITARY
SEWER OVERFLOW ANNUAL REPORT
Submitted By: Initiating Dept /Div.:
Bill Brennan, Collection System Collection System Operations Department/
Operations Department Director Field Operations
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
66.
B. Brennan
a57W -
Jae . Kelly,
Gen m al Manager
ISSUE: The Central Contra Costa Sanitary District's (District) Sanitary Sewer Overflow
(SSO) Annual Report has been prepared for submission to the California Regional
Water Quality Control Board ( RWQCB), San Francisco Bay Section. This annual report
is presented for the District Board of Directors' information and acceptance.
RECOMMENDATION: Accept the 2008 Collection System SSO Annual Report.
FINANCIAL IMPACTS: None
ALTERNATIVES /CONSIDERATIONS: None
BACKGROUND: The 2008 Collection System SSO Annual Report summarizes the
overflows that occurred in the District's sanitary sewer system during the period January
1, 2008, through December 31, 2008. This is the fourth SSO Annual Report to be
submitted pursuant to the RWQCB's revised requirements for reporting SSOs. The
report summarizes the number and size of SSOs, the causes of SSOs, locations of the
SSOs, SSO trends, and the status of the preparation of our sewer system management
plan (SSMP). The collection system experienced 86 overflows last year.
Upon acceptance of this annual report by the District Board of Directors, it will be
submitted to the RWQCB. The RWQCB requires the 2008 SSO Annual Report to be
submitted by March 15, 2009.
RECOMMENDED BOARD ACTION: Accept the 2008 Sewer System Overflow Annual
Report.
CSO /C: \Ppaper \SSO Annual Rpt- 2008.doc
DRAFT
February 2, 2009
Bruce H. Wolfe, Executive Officer
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Ste. 1400
Oakland, CA 94612
Attn.: Michael Chee
Dear Mr. Wolfe:
ANNUAL REPORT OF SANITARY SEWER SYSTEM OVERFLOWS FOR CALENDAR
YEAR 2008
The purpose of this letter is to report the Sanitary Sewer System Overflows (SSOs) that
occurred in the Central Contra Costa Sanitary District sanitary sewer system during the
period January 1, 2008, through December 31, 2008. This report is submitted pursuant
to the requirements included in the San Francisco Bay Regional Water Quality Control
Board Letter, New Requirements for Reporting Sanitary Sewer System Overflows,
dated November 15, 2004.
Number and Size of SSOs
The total number of SSOs for the reporting period was 86. All of the SSOs were
associated with gravity sewers. We experienced no overflows as a result of surcharging
in wet weather conditions. The sizes of SSOs are summarized as shown on Table 1.
Table 1. Number of SSOs
Size of SSO (gallons)
Number
Percent of Total by Number
Greater than or equal to 1,000
7
5%
Between 100 and 999
19
13%
Between 10 and 99
44
57%
Less than 10
16
25%
Public portion of lateral
N/A
_
Total
86
100%
The volume of spills contained and returned to the sewer system, as well as the volume
reaching the waters of the State, is shown in Table 2.
Page 1 of 4
Table 2. Volume of SSOs
Total volume contained and
returned to sewer system for
treatment
Total volume reaching waters
of the State
Total volume not contained but
not reaching waters of the
State
Total
Volume (gallons) I Percent of Total by Volume
11,253 1 41%
9,480 1 35%
6,477 1 24%
27,210 1 100%
None of the SSOs exceeded 6,000 gallons in volume. This report does not include
SSOs that occurred from private sewer service laterals within the Central Contra Costa
Sanitary District jurisdiction that were caused by conditions in privately owned laterals or
on private property. The property owners are responsible for the condition and
operation of those sewer service laterals.
Cause of SSOs
The predominant causes of SSOs during the period of this report were roots and
grease. The distribution of SSOs by cause is shown on Table 3.
Table 3. Causes of SSOs
Location of SSOs
Of the 86 overflows that occurred during the 12 -month reporting period, 69 took place in
four of the cities in our service area: Orinda, Walnut Creek, Martinez and Lafayette.
Our Engineering department is currently working on multi - phased rehabilitation projects
Page 2 of 4
in these four cities, as well as other areas in our service district. The Collection System
Operations department is expanding its quality cleaning program in these areas as well.
There were two repeat overflows in 2008. The first was on January 4 and January 26,
in Martinez. The first overflow (less than one gallon) was the result of a root plug.
Despite a sharp turn in the line which prevented the plug from being broken with a
rodding machine, a hydroflush tool eventually relieved the obstruction and follow -up
inspection with closed - circuit TV on January 8 revealed only light grease and debris.
Three weeks later, the line overflowed again from a plug that was caused by roots
caught in a belly in the line. After hydroflushing and follow -up TV inspection, we believe
that those roots may have been dislodged from a side sewer, either by cleaning or by
the heavy rains of the previous day, Friday, January 25.
The second repeat overflow happened on May 24 and October 22, in Lafayette. On
May 24 the line was found to be plugged with heavy roots and the blockage was
cleared. On May 27 the line was re -run, inspected with closed - circuit TV, hydroflushed
and then re -TV'd, and it was suggested that the line be replaced. On October 22, the
line overflowed again from a blockage of rags and roots in the upstream manhole. TV
inspection on October 23 showed multiple broken pipe joints and line replacement was
again recommended. (Note that on January 8, 2009, the worst of the defects in the line
was repaired by a CCCSD spot- repair crew; the entire line is expected to be replaced
as part of a capital project later this year.)
SSO Trends
The following graph shows a comparison of data for the current reporting period with
previous reporting periods.
Figure 1. Total SSOs 2005 — 2008
Updated through December 2008
Year: 2005 2006 2007 2008
Total O /Fs by year: 107 73 81 86
YTD comparison: 107 73 811 86
JAN
19
8
8
20
FEB
11
9
7
7
MAR
12
5
10
10
APR
9
5
8
5
MAY
6
6
10
5
JUN
9
5
4
6
JUL
5
7
6
4
AUG
3
6
5
4
SEP
12
3
5
8
OCT
8
3
4
3
NOV
5
8
10
5
DEC
8
8
4
9
:•
.
NONE
N���
■�
■■
■
71W MOO
NNW
Page 3 of 4
Status of Development of Sewer System Management Plan (SSMP)
CCCSD is on track to comply with the requirements detailed in the 13267 Letters sent
out to Sewer System Authorities dated July 7, 2005.
Certification
I certify under penalty of law that this document and all attachments are prepared under
my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gathered and evaluated the information submitted. Based
on my inquiry of the person or persons who managed the system, or those persons
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 submitting false information, including the possibility of fine
and imprisonment for knowing violations.
Sincerely,
William E. Brennan
Director of Collection System Operations
WEB /rab
bcc: E. Boehme (for CCCSD records)
J. Kelly
Page 4 of 4
�15101
Annual Report of
Sewer System Overflows
Bill Brennan
Collection System Operations
Department Director
February 5, 2009
A Report to the Regional Water
Quality Control Board
• This was the year of "the plateau ":
■ 86 SSOs or 5.7 overflows per 100 miles,
compared to 5.4 in 2007 — a "plateau"
■ Statistics for overflow causes and quantities
comparable to last year
■ As in 2007, 99.999999% of wastewater was
contained and treated
1
Overflows comparison
2005-2008
Overflow
quantities
Size of SSO (gallons)
Number
in 2007
Number
in 2008
Greater than or equal to 1,000
4
7
Between 100 and 999
11
19
Between 10 and 99
46
44
Less than 10
20
16
MEMO
ME
:Am
0
■0V!
-!-U-
■
;
■■■■
■
■
■
■■■
,f
Overflow
quantities
Size of SSO (gallons)
Number
in 2007
Number
in 2008
Greater than or equal to 1,000
4
7
Between 100 and 999
11
19
Between 10 and 99
46
44
Less than 10
20
16
Overflow causes
Cause of SSO
Number in
2007
Number in
2008
Roots
57
63
Grease
8
7
Debris (rags, rock, paper)
12
11
All other
4
5
Geographical trends
2008 Overflows
by Cause and Location
Walnut Creek
San Ramon
Pleasant H01
Orinda
Mwaya
Martinez 7
Lleyetle
Diablo
Danville
Alamo
0 2 4 6 a 10 12 14 16 19 20
Number of Overflows by Cause
■ Roots ■Grease ■ Other
3
Contained and treated:
Wastewater
Treated and Discharged
15,000,000,000 gallons
Untreated Wastewater Not
15,957 gallons
Contained
Percentage Untreated
0.000001%
Percentage Treated
99.999999%
Overview
• SSOs up 8% from 2007 due primarily to
high January and March results
• Thirteen more than 2006's all -time
record low of 73
• No capacity overflows in wet weather
4
January 2009
Running 36 -Month Overflow Totals
,0094,87��..g�79
X84
-87'"
-81
73- 73y��76-
7'62-
81-
60'82"8��87r7-
73
so
0
36 -Month Total at Month -End
Activities in 2008
that should result in
long -term improvement
- In January 2008, stopped the practice of
lengthening the schedule of lines where
cleaning results were favorable ...
• ... and continued reducing scheduled cleaning
where significant material was removed.
- In November 2008, decided to cut schedules of
all 6" and 8" vitrified clay pipe — 24 months to
12 months and 12 to 6.
- Changes in the chemical root - control program
Activities in 2008
that should result in
long -term improvement
(continued)
• Concerted, successful effort made to clean
difficult- access lines
• Use of CCTV to check quality of cleaning
• Cleanup of the database to bring the
information on the electronic maps (GDI) into
better conformance with the CSO maintenance
database (ACCELA)
Activities in 2008
that should result in
long -term improvement
(continued)
• CSO construction backlog was reduced from
195 to 148 folders
• The total number of folders completed was
137, including those completed in Engineering
projects
• Engineering continued projects to rehabilitate
sewers
• Changes in method Engineering uses to
evaluate lines for replacement — more focus on
lines with overflows.