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HomeMy WebLinkAbout05. Agreement with MVSDCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: June 4, 2015 5 IURAFT Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A RENEWAL OF THE AGREEMENT WITH MT. VIEW SANITARY DISTRICT (MVSD) FOR CCCSD TO PROVIDE SOURCE CONTROL INSPECTIONS, SUPPORT MVSD PERMITTING SELECT BUSINESSES, AND PREPARE THE MVSD POLLUTION PREVENTION ANNUAL REPORT Submitted By: Initiating Dept. /Div.: Timothy Potter, Environmental Compliance Engineering & Technical Services Superintendent Department / Environmental and Regulatory Compliance Division REVIEWED AND RECOMMENDED FOR BOARD ACTION: J -M. Petit — Director of Engineering & Technical Services Kent. Alm Roger S. Bailey Counsel for the District General Manager ISSUE: Continuation of the interagency partnership between the District and Mt. View Sanitary District (MVSD) for supporting the MVSD Pollution Prevention Program beyond Fiscal Year (FY) 2014 -15 requires renewal. Authorization from the Board is required for the General Manager to execute agreements with other public agencies. RECOMMENDATION: Approve renewing an interagency agreement with MVSD and authorize the General Manager to execute an agreement renewal that would extend this interagency partnership for two (2) years, through June 30, 2017, with an option to extend the agreement an additional two (2) years, through June 30, 2019. FINANCIAL IMPACTS: The proposed agreement provides for full cost recovery. All District staff hours /wages (e.g. field time, administrative, report writing) are multiplied by the established District overhead multiplier and billed under this agreement. The estimated budget for FY 2015 -16 is $33,188 plus $3,920 for each permit. The staff time used to provide the services will not be available to perform other District functions. ALTERNATIVES /CONSIDERATIONS: The Board may decline to renew this agreement; however, this action is not recommended. Source Control Inspectors already work in the MVSD service area when completing work under the Clean Water Program (CWP) inspection services agreement for the City of Martinez. Some of the additional 40 inspections per year can be combined with current CWP inspections in Martinez, and the total number is incidental when compared to the more than 1,200 inspections completed annually by District inspectors. The CCCSD staff time required to complete the permit document development and oversight of MVSD permits issued can be worked into the schedule for several Environmental Compliance Inspectors without significant impact to their ability to complete their assigned District functions. POSITION PAPER Board Meeting Date: June 4, 2015 subject* AUTHORIZE THE GENERAL MANAGER TO EXECUTE A RENEWAL OF THE AGREEMENT WITH MT. VIEW SANITARY DISTRICT (MVSD) FOR CCCSD TO PROVIDE SOURCE CONTROL INSPECTIONS, SUPPORT MVSD PERMITTING SELECT BUSINESSES, AND PREPARE THE MVSD POLLUTION PREVENTION ANNUAL REPORT BACKGROUND: In 2006, MVSD requested that the District provide services to support the MVSD Pollution Prevention Program that was approved by both agencies' Boards through FY 2006 -07. Historically, MVSD had used one of their employees to conduct their Pollution Prevention Program. That strategy was no longer an option in 2006 because the MVSD Pollution Prevention Program work requires part-time coverage and draws on diverse skills. The scope of services for this agreement includes conducting a minimum of 40 inspections per year of businesses in the MVSD service area that could discharge pollutants identified in the MVSD list of pollutants of concern (e.g., fats, oils, and grease; mercury; copper), and preparing the Annual Pollution Prevention Report with input and oversight of MVSD staff. CCCSD is able to perform this work since it is similar to the work performed for its own Source Control /Pollution Prevention Program. MVSD recognized this capability and approached CCCSD to provide these services. MVSD staff is requesting that CCCSD staff increase their role with preparing permit documents for MVSD to use for selected businesses. So far, MVSD has issued customized discharge permits to two businesses in its service area. MVSD is requesting that CCCSD develop permit documents using the CCCSD Source Control Section's Industrial User Permits as templates. These uniform permit documents could more efficiently be issued to businesses that MVSD determines need coverage under a discharge permit. MVSD will be responsible for issuing the permits with CCCSD Environmental Compliance staff supporting the process. COMMITTEE RECOMMENDATION: This matter was reviewed by the Real Estate, Environmental and Planning Committee on May 27, 2015. The Committee recommended RECOMMENDED BOARD ACTION: Authorize the General Manager to execute an agreement renewal with MVSD to extend this interagency partnership for two (2) years through June 30, 2017, with an option to extend the agreement for an additional two (2) years, through June 30, 2019. Attached Supportinq Documents: 1. Draft Agreement between CCCSD and MVSD for Source Control and Pollution Prevention Support Services AGREEMENT BETWEEN CENTRAL CONTRA COSTA SANITARY DISTRICT AND MT. VIEW SANITARY DISTRICT FOR SOURCE CONTROL AND POLLUTION PREVENTION SUPPORT SERVICES The Agreement is made this day of May 2015, between Central Contra Costa Sanitary District ( CCCSD) and Mt. View Sanitary District (MVSD). RECITALS WHEREAS, MVSD was issued National Pollutant Discharge Elimination System (NPDES) Permit No. CA0037770 (PERMIT) by the San Francisco Bay Regional Water Quality Control Board (RWQCB), said PERMIT taking effect on January 1, 2011; and WHEREAS, MVSD will be re- issued its PERMIT with updated terms by the San Francisco Bay Regional Water Quality Control Board (RWQCB), as said PERMIT will be considered for renewal in 2015; and WHEREAS, the PERMIT contains components related to inspection activities at industrial and commercial facilities and annual pollution prevention report requirements; and WHEREAS, CCCSD wishes to continue to provide support services for the inspection activities and MVSD's annual pollution prevention report (collectively the SUPPORT SERVICES), as part of the implementation of the PERMIT; and WHEREAS, MVSD has identified long term goals of reporting pollution prevention activities; conducting inspections of industrial and commercial facilities; eliminating illicit connections and discharges resulting from inappropriate or illegal processes, activities or housekeeping practices; and WHEREAS, MVSD desires to continue to retain CCCSD to provide the SUPPORT SERVICES pursuant to the terms of this agreement. NOW, THEREFORE, the parties to this Agreement agree as follows: 1. Term: The term of this Agreement shall be from July 1, 2015 through June 30, 2017 and may be extended for one (1) two year term until June 30, 2019 by written agreement executed by the MVSD District Manager and CCCSD General Manager. 2. Termination: Either party may terminate its obligations under this Agreement at its sole discretion by giving the other party at least ninety (90) days written notice. 3. Modification: This Agreement may only be modified by written mutual agreement signed by an authorized representative of each party. Page 1 of 10 4. Responsibilities of CCCSD: (a) To recommend that MVSD draft and adopt such resolutions and ordinances as are necessary to effectuate the inspection activities, including delegation of necessary authority to CCCSD. (b) To utilize MVSD - specific enforcement documents in enforcement actions, when provided. (c) To utilize MVSD identifiers on all informational handouts provided to MVSD dischargers, when provided. (d) To deliver to MVSD executed enforcement documents by the next business day after issuance. (e) To authorize and prioritize inspections and investigations, with direction from MVSD. (f) To provide MVSD educational materials for distribution to industrial and commercial facilities and the public. (g) On a monthly basis, to provide MVSD with electronic copies of all enforcement documents, inspection reports and correspondence addressed to and received from dischargers. (h) To assist in planning and to prepare the MVSD annual Pollution Prevention report in the format required by RWQCB for MVSD review. The initial draft will be due to MVSD twenty (20) working days before the due date (August 31 each year); MVSD will provide comments to CCCSD within ten (10) working days before due date; CCCSD will incorporate MVSD comments and provide the final report to MVSD five (5) working days before due date (i) To perform other responsibilities as agreed to in writing between CCCSD and MVSD, including developing permit documents and supporting issuance of permits as identified in Appendix B. Appendix A identifies the normal working hours for CCCSD. Appendix B entitled "Work Plan and Budget for Pollution Prevention Program Support" and attached hereto and incorporated herein further details CCCSD's responsibilities under this Agreement. 5. Responsibilities of MVSD: (a) MVSD shall adopt such resolutions and ordinance(s), as it determines in its sole discretion, may be necessary for CCCSD to complete the inspection activities. (b) MVSD shall identify to CCCSD the types of facilities to be inspected, and the frequency of inspections for these facility types, under this agreement as part of the planning and budget discussions each fiscal year. Page 2 of 10 (c) MVSD shall provide CCCSD in a timely manner the information that is to be included in the Annual Pollution Prevention Report (e.g. analytical data, student education program activities, community education activities). (d) MVSD shall be responsible for reviewing and submitting the Annual Pollution Prevention Report to the RWQCB. 6. Financial: CCCSD shall prepare and submit to MVSD invoices for costs related to the inspection and report preparation activities no more frequently than monthly and no less frequently than quarterly. CCCSD shall include as part of this invoice packet, a report of the inspection activities performed under this Agreement for the reporting period of the invoice. MVSD shall promptly process payment of the undisputed amount of the invoices submitted (e.g. within 60 days of receiving the invoice). (a) The labor costs shall be itemized at base cost per individual for time spent plus an overhead multiplier of 206% (FY 15 -16) for benefits, administrative overhead, supplies, equipment and insurance. The CCCSD overhead multiplier for the following fiscal year shall be submitted to MVSD annually by January 31, and shall be considered for approval by MVSD as part of the annual budget. (b) To further cost efficiency, time spent by staff of CCCSD at meetings relative to the inspection and pollution prevention report activities will be minimized to the extent practicable consistent with providing the quality services contemplated by this Agreement. Laboratory services will be similarly minimized. (c) Prior to the beginning of each fiscal year, CCCSD shall propose an inspection and pollution prevention report activities budget. CCCSD shall have MVSD review and approve that activities budget. Discussions for the annual budget shall begin in January prior to the fiscal year in question. CCCSD shall not exceed the approved written budget, absent written consent signed by an authorized representative of MVSD. (d) The total charges for all SUPPORT SERVICES provided under this Agreement shall not exceed $28,288 for fiscal year 2015 -16 for the inspection and Pollution Prevention Report support, $4,900 for permit document development, and $3,920 per permit for supporting the issuance and monitoring of permits issued to businesses. This limit on charges shall increase by 3% for each fiscal year of the agreement. 7. Insurance: During the term of this Agreement, CCCSD shall at no cost to MVSD carry Workers' Compensation and Employers' Liability Insurance as required by law as well as General Comprehensive Public Liability and Automobile Liability insurance in the amount of at least five million dollars ($5,000,000) per occurrence naming MVSD and its agents and employees as additionally insured. However, CCCSD may self insure General Comprehensive Public Liability and Automobile Liability up to a self retention amount of one million dollars ($1,000,000) and shall assume responsibility for defense costs and fees up to the self retention amount provided CCCSD has a responsibility for the occurrence pursuant to the indemnity provisions below. CCCSD shall provide MVSD with evidence of this insurance upon request. Page 3 of 10 8. Indemnification: CCCSD shall indemnify, defend and hold harmless MVSD and its respective officers, directors, agents and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses arising out of or related to CCCSD's negligence, willful misconduct or vehicle accident in connection with CCCSD's performance of this Agreement. MVSD shall for its jurisdictional area, indemnify, defend and hold harmless CCCSD, and its respective officers, directors, agents, and employees from and against all suits, actions, legal or administrative proceedings, claims, demands, damages, consequential damages, liabilities and expenses (collectively "claims ") arising out of or related to MVSD's, negligence or willful misconduct in relation to this Agreement.. MVSD shall also indemnify, defend and hold harmless CCCSD from other claims that are not based on CCCSD's negligence, such as, but not limited to constitutional or property rights claims, arising from CCCSD's performance under this Agreement of activities that MVSD is legally responsible for undertaking. MVSD shall also be solely liable for any fines resulting from NPDES Permit non - compliance related to CCCSD's performance or failure to perform under this Agreement. 9. Notices: Notices required or permitted under this Agreement shall be in writing and made as follows: If to MVSD, to: Assistant District Manager Mt. View Sanitary District P.O. Box 2757 Martinez, CA 94553 (925) 228 -5635 x20 If to CCCSD, to: Environmental Compliance Superintendent Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 -4392 (925) 229 -7380 10. Arbitration: In the event of a dispute arising under this Agreement, the parties prior to the filing of a civil action agree to submit such dispute to non - binding arbitration. In the event the parties cannot agree to an arbitrator within thirty (30) days after a party requests arbitration by written notice to the other parties, the arbitrator may be selected by petition of any party to the Superior Court of the County of Contra Costa. Page 4 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement as follows: CENTRAL CONTRA COSTA SANITARY DISTRICT Bv: Its: Dated: ATTEST: By: Board Secretary Dated: APPROVED AS TO FORM: By: Attorney Dated: MT. VIEW SANITARY DISTRICT By: Its: Dated: ATTEST: By: Board Secretary Dated: APPROVED AS TO FORM: By: Dated: Page 5 of 10 Attorney APPENDIX A AGENCY NORMAL WORKING HOURS Central Contra Costa Sanitary District 7:30 am. - 4:30 p.m. Monday through Friday, excluding holidays Page 6 of 10 Appendix B Work Plan and Budget for Pollution Prevention Program Support Service Agreement between MVSD and CCCSD This work plan and budget are developed for planning purposes in order to supplement the Support Service Agreement signed by Mt. View Sanitary District (MVSD) and Central Contra Costa Sanitary District (CCCSD) and is incorporated therein. Scope of Services MVSD requests CCCSD to continue supporting the MVSD Pollution Prevention (P2) Program by providing field inspection and enforcement support for businesses in the MVSD service area that could discharge identified pollutants of concern to the MVSD sanitary sewer system. In addition, CCCSD supports the MVSD P2 Program by planning and preparing the MVSD's Annual P2 Report for MVSD to submit to the RWQCB by the deadline established in the MVSD National Pollutant Discharge Elimination System (NPDES) Permit. The identified budgets are based on the estimated time to complete the program activities. The actual time worked to complete the tasks will serve as the basis for CCCSD to bill MVSD for the services provided in accordance with the Service Agreement provisions. Annual Pollution Prevention Report Preparation Work performed under this task involves CCCSD preparing the MVSD's Annual P2 Report. The agency roles in preparing this report are described below. CCCSD's responsibilities: CCCSD staff (currently Melody LaBella) will assist in pollution prevention planning and prepare the MVSD's Annual Pollution Prevention Report, due to the RWQCB by August 31st of each year, in the format required by RWQCB. The report preparation process involves: • Receiving information and data supplied by MVSD and certain CCCSD staff (e.g. Source Control for field inspection services, HHW for waste disposal information) to be included in the Annual P2 Report. • Preparing a draft report and submitting to MVSD for review. The initial draft report will be due to MVSD twenty (20) working days before due date; MVSD will provide comments back to CCCSD within ten (10) working days before the due date; CCCSD will incorporate MVSD comments and provide the final report to MVSD five (5) working days before due date MVSD's responsibilities: MVSD shall be responsible for submitting the Annual Pollution Prevention Report to the RWQCB and participating in the report preparation process by: • Providing information and data required to CCCSD to draft the report. • Reviewing and commenting on the draft report by August 15. Estimated staff hours to complete task: 50 hours Page 7 of 10 Projected FY 15 -16 budget to complete task: $7,376 Business Inspection Services CCCSD will perform field inspection and enforcement services at businesses located in the MVSD service area. MVSD will authorize CCCSD to conduct these inspections under their ordinance and to issue field enforcement documents (e.g. Warning Notice, Notice of Violation) as a result of these inspection activities. CCCSD will work with the businesses to achieve compliance whether enforcement documents are issued or not; budget estimate factors in the anticipated time to conduct this follow -up work. The business categories will be identified by MVSD. Actual businesses inspected from the inventory will be selected by CCCSD for routine inspections. CCCSD will provide MVSD an annual inspection plan with a schedule for routine inspections, at which time MVSD can identify either specific businesses or targeted geographic areas (e.g. grease "hot spot ") for inspections to be performed under this agreement. Reactive or "Call -out" inspections will be performed under this agreement as needed and may result in different types of businesses being inspected. CCCSD will produce and maintain the records associated with this fieldwork (e.g. inspection reports, enforcement documents, submittals by businesses) and will submit these records to MVSD in an electronic format (e.g. pdf file attached to email) to facilitate linking to the GIS system as specified in the Service Agreement. MVSD has identified an annual goal for CCCSD to complete 40 inspections in order to ensure the inspection frequency of the business categories is achieved. Number of targeted business inspections under this task: 40 Initial Inspections or Reinspections per fiscal year Projected budget to complete task (using $498 /inspection rate for FY15 -16 from existing agreement with Contra Costa Clean Water Program plus an additional 5% to cover the administrative costs to complete electronic transfer of file documents; $523 /inspection for budget calculations): $20,912 for FY 15 -16 Business Discharge Permitting Services Permit Document Development CCCSD will support MVSD's development of documents to be used to issue permits to certain businesses operating in the MVSD service area to authorize the discharge of process wastewater to the MVSD sanitary sewer system. Using CCCSD's current permit documents (e.g. application, permit document, supporting documents), CCCSD will prepare draft documents for MVSD's review that are modified to be applicable for MVSD's ordinance and permitting program. CCCSD staff will work with MVSD staff to finalize the permit documents so that permits can be efficiently issued to businesses in the future. This task is expected to be completed once with any support to modify permit documents after they are finalized being incorporated into the Permit Administration task identified below. Page 8 of 10 Three different types of permit documents are anticipated: • Discharging process wastewater that requires monitoring, Best Management Practices (BMPs), and /or O &M standards • Zero Discharge operations establishing means of verifying zero discharge status and providing certification of compliance with zero discharge standards • Temporary discharges of process wastewater (e.g. construction dewatering, groundwater remediation) This work plan assumes that none of the permits issued by MVSD will be to facilities classified as Significant Industrial Users in 40 CFR Part 403. Estimated staff hours to complete task: 15 to 30 hours Projected FY 15 -16 budget to complete task (based on 30 hours): $4,900 Supporting Identification of Potential Businesses to be Permitted and Issuing Permits CCCSD Responsibilities: While conducting inspections under this agreement, CCCSD will identify potential businesses for MVSD to consider issuing a permit based on criteria established by MVSD and comparable operations to businesses that MVSD has issued permits. CCCSD will communicate by letter or email identifying the business name, address, and brief description of the business activity generating a process wastewater that may warrant a permit being issued and recommending that a permit application document be sent to the business. If wastewater sampling is needed to assess the need to issue a permit and after coordinating with MVSD, CCCSD will work with the business to conduct this sampling, or will conduct the process wastewater sampling and deliver the samples to the analytical laboratory if needed. The cost of analytical work is not included in this work plan or budget. If MVSD directs CCCSD to develop permit documents for a particular business, CCCSD will conduct site inspection(s) of the business to determine if any additional information is needed to start drafting a permit (e.g. need for pretreatment, process modification options) and to assess any space constraints or other logistical issues that will affect the businesses ability to install pretreatment equipment. Inspections conducted under this phase of the permit program will not be included as part of the routine inspection services conducted under this agreement. CCCSD will draft applicable documents to develop a complete draft permit for MVSD to review. CCCSD will modify permit documents as instructed by MVSD staff. CCCSD will conduct additional inspections of permitted businesses (e.g. witness self - monitoring) and will review adequacy of periodic compliance reports and other submittals required in a permit as instructed by MVSD to assess a business' compliance with the permit conditions. MVSD Responsibilities: MVSD will review CCCSD referrals for businesses to consider issuing a permit and will send Page 9of10 the permit application packet to the business if determined to be appropriate. MVSD will respond to CCCSD in letter or email with a decision about the referral. If the decision is to require the business to complete a permit application to further consider issuing a permit, the MVSD written communication shall constitute instructions to CCCSD to commence the process to evaluate the permit application and develop a draft permit document packet identified above. If MVSD identifies a business that should be issued a permit through its own internal processes (e.g. plan review), MVSD will notify CCCSD of this decision in letter or email which will initiate CCCSD's role in processing the permit documents identified above. MVSD will be responsible for fully executing the final permit document and issuing it to the business. MVSD shall provide CCCSD a copy of the fully executed permit for file reference. Estimated staff hours to complete task per permit: 12 to 24 hours (Range includes allowance for extra work during initial issuance of permits. Efficiencies are expected to occur as facilities are evaluated and permits issued over time, and experience gained in the level of effort to oversee permitted businesses, which could result in fewer hours to process permits.) Projected FY 15 -16 budget to complete task per permit processed (based on 24 hours): $3,920 Total Projected Budget The budget for each year will consist of the sum of the Pollution Prevention Report preparation, Business Inspection Services, Development of Permit Documents, and Supporting MVSD with Issuing and Monitoring Compliance with permits. Estimated budget for FY 15 -16: Projected Budget for P2 Report Preparation (FY 15 -16): $7,376 Projected Budget for Inspection Services (FY 15 -16): $20,912 Projected Budget for Permit Document Development (FY 15 -16): $4,900 Projected Budget for Supporting MVSD Issuing Permits (FY 15 -16): $3,920 NOTE: Budgets for subsequent years will be increased by up to 3% per year to allow for wage increases for CCCSD staff. 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