HomeMy WebLinkAbout10.a. Receive report on recent settlement of California River Watch matter Page 1 of 25
Item 10.a.
CENTRALSAN
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CENTRAL CONTRA COSTA SANITARY DISTRICT
October 15, 2020
TO: HONORABLE BOARD OF DIRECTORS
FROM: KENTON L. ALM, DISTRICT COUNSEL
REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER
SUBJECT: RECEIVE REPORT ON RECENT SETTLEMENT OF CALIFORNIA RIVER
WATCH MATTER
At the Board meeting held on September 18, 2020, the Board requested additional details on the recent
settlement between Central San and California River Watch related to the Notice of Violations and Intent
to File Suite Under the Federal Water Pollution Control Act(Clean WaterAct) sent to the District by the
Law Office of Jack Silver on January 22, 2020. A copy of the executed Settlement Agreement is
attached.
District Counsel Kent Alm will provide an oral report at the meeting.
ATTACHMENTS:
1. 2020 California River Watch Settlement Agreement
October 15, 2020 Regular Board Meeting Agenda Packet- Page 59 of 89
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SETTLEMENT AGREEMENT AND RELEASE
This Settlement Agreement and Release ("Agreement"), effective as of the last
date of execution below ("Effective Date"), is made by and between California River
Watch, a nonprofit corporation, on behalf of itself and its members ("CRW"), and Central
Contra Costa Sanitary District (the "District"), a special district of the State of California.
CRW and/or the District are sometimes hereinafter each referred to as "Party" or
collectively as the "Parties."
RECITALS
A. California River Watch is an Internal Revenue Code § 501(c)(3) nonprofit, public
benefit corporation organized under the laws of the State of California, dedicated to
protecting, enhancing, and helping to restore the surface and ground waters of California
including coastal areas, rivers, creeks, streams, wetlands, vernal pools, aquifers and
associated environs, biota, flora and fauna, and to educating the public concerning
environmental issues associated with these environs.
B. Central Contra Costa Sanitary District, organized under the laws of the State of
California, owns and operates the Central Contra Costa Sanitary District Wastewater
Treatment Plant ("Facility") and its associated sewer collection system consisting of one
thousand five hundred (1,500) miles of underground sewer piping, for the purpose of
collecting and conveying forty-five (45) million gallons of wastewater daily from
residential, commercial, and industrial sources, subject to Regional Water Quality
Control Board, San Francisco Region Order No. R2-2017-0009, NPDES No.
CA0037648, Waste Discharge Requirements for the Central Contra Costa Sanitary
Wastewater Treatment Plant and its Wastewater Collection System ("NPDES Permit")
under the federal Clean Water Act ("CWA"). The District is also a permittee under the
Statewide General Requirements for Sanitary Sewer Systems, Waste Discharge
Requirements, Order No. 2006-0003-DWQ ("Statewide WDR") governing the operation
of sanitary sewer systems.
C. On January 28, 2020, CRW served the District with a 60-Day Notice of Violations
and Intent to File Suit ("CWA Notice") alleging violations of the CWA, 33 U.S.C.
§1365, and the NPDES Permit, a copy of which is attached to this Agreement as
Exhibit A.
D. The District denies any and all of CRW's allegations and claims as set forth in the
CWA Notice.
E. The Parties, through their authorized representatives, and without either
adjudication of CRW's claims or admission by the District of any alleged violation or
other wrongdoing, have chosen to resolve and settle all disputes, obligations, and
Settlement Agreement and Release—CRW/CCCSD - Page 1 of 11
October 15, 2020 Regular Board Meeting Agenda Packet- Page 60 of 89
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purported or actual claims or causes of action, which may exist by and between CRW and
the District, including without limitation any disputes, obligations, claims and/or causes
of action that were or could have been asserted in or pursuant to the CWA Notice.
F. The Parties agree that it is in their mutual interest to enter into this Agreement
setting forth the terms and conditions appropriate to resolve CRW's allegations as set
forth in the CWA Notice.
NOW, THEREFORE, in consideration of the execution of this Agreement and the
releases, satisfactions and promises made herein, it is hereby agreed upon by the Parties
as follows:
TERMS AND CONDITIONS
1. PARTIES BOUND BY THIS AGREEMENT AND LENGTH OF AGREEMENT
This Agreement, and each of its provisions, including all representations,
warranties, and promises contained herein, binds and inures to the benefit of CRW and
the District, and each of their respective assigns, present and future affiliates, parents,
subsidiaries, predecessors and successors in interest whether by merger, consolidation, or
otherwise, as well as their respective representatives, agents, and administrators, past,
present, and future. The "Termination Date" of the Agreement is the date upon which all
of the requirements of this Agreement for the requirements of the District is three (3)
years from the Effective Date.
2. DEFINITIONS
2.1. "Collection System" shall mean the District-owned and operated system of
sewer lines and other assets such as lift/pumping stations and manholes designed to
collect municipal, commercial, and/or industrial wastewater and convey it to the
District's Facility for treatment.
2.2. "Condition Assessment Rating System" for gravity lines is based upon
closed circuit television ("CCTV") examination. After CCTV inspection occurs, pipe
conditions are assigned a grade based on an accepted industrial standard such as the
Pipeline Assessment and Certification Program ("PACP") rating system, developed by
the National Association of Sewer Service Companies. For force mains the inspection
may include a desktop study including but not limited to the material of the pipe, its age,
elevation and service or repair history. Force main field condition assessment comprises
two key components: leak detection and gas pocket detection. Tools for leak detection
and gas pocket detection can include acoustic sensing technologies or similar accepted
industrial detection methods. For manholes, lift/pumping stations and other assets the
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inspection is based upon accepted industrial standards utilized by the District, similar to
the rating system based on the PACP rating system.
The District's scoring system for sewer line segments is based upon observed defects in a
sewer pipe's structural integrity and operation and maintenance condition. Observations
are recorded into a computer program, which assigns a point value to each defect.
Attached to this Agreement as Exhibit B is a table outlining the defects and point values.
The overall sewer pipe rating is the total combined points of structural defects plus
condition defects. Points are assigned as follows, with corresponding PACP grades for
comparison:
Greater than 20,000 Most significant defect (PACP 5)
Greater than 10,000 Significant defect (PACP 4)
Greater than 5,000 Moderate defect (PACP 3)
Greater than 2,500 Minor to moderate defect (PACP 2)
Greater than 500 Minor defect (PACP 1)
2.3. "Significant Defective" shall mean, when referring to a sewer line, a sewer
line defect receiving 10,000 or more points based on the Condition Assessment Rating
System. When referring to a section of the Collection System, it shall mean a section of
the Collection System receiving 500 or more points based on the Condition Assessment
Rating System, a Code Type L or M, or a description of"Severe".
2.4. "Risk Basis" shall mean the District's response to a Sewer System
Overflow ("SSO") based upon the risk that the SSO may result in endangerment to
human health or the environment, prioritizing that response to those locations, and using
all available resources to address the SSO as appropriate to the risk in the District's
judgment.
2.5. "Chemical Root Control" shall mean the application of any chemical agent
to abate plant roots which invade the Collection System.
2.6 "Infectious Vector" shall mean any organism or virus capable of causing
disease.
3. REMEDIAL MEASURES
In exchange for the delivery, execution, and performance of this Agreement and of
the Release by CRW as provided herein, the District shall perform the below-specified
projects. CRW acknowledges the District has already implemented or is in the process of
implementing some of remedial measures provided for below. The District reserves the
right, in its sole discretion, to determine: (i) which persons shall perform any work
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described herein, including contractors; and (ii) the scope and technical details of, and the
manner to implement, such work subject to review and approval by the Regional Water
Quality Control Board, San Francisco Region (or such other regulatory agency as may,
from time to time, exercise jurisdiction with respect to environmental matters under the
NPDES Permit). The District shall:
3.1. Sewer Collection Repair. Within thirty (30) months after the Effective
Date of this Agreement, or within six (6) months of discovering a Significant Defect in
the Collection System located within two hundred (200) feet of a surface water, the
District shall repair any defect that, in the District's professional judgment, may pose a
risk to human health or the environment. The District's decision to repair, or not to
repair, a line or section of the Collection System with a Significant Defect shall be both
documented and publicly available on the District's website.
3.2. Sewer System Overflow ("SSO") Response
3.2.a. From and after the Effective Date of this Agreement, the District
will respond to all SSOs on a Risk Basis, regardless of the size or location of the
SSO. High risk areas shall include, but not be limited to 1) the proximity of the
SSO to sensitive populations, specifically public and private schools, parks and
recreational areas, as well as high density commercial and residential locales;
2) discharges to surface waters, especially during the recreational season from
May to September; and 3) any other location which poses an imminent and
substantial endangerment to public health or the environment. The District agrees
to undertake staff training in order to respond to all SSOs on a Risk Basis.
3.2.b. In accordance with Section D.7 of the Statewide WDR, the District
shall conduct water quality sampling and testing on all SSOs which, in the
professional judgment of the District, may pose a risk to public health or the
environment. The District's decision as to whether or not to conduct water quality
sampling and testing of an SSO shall be both documented and made publicly
available.
3.2.c. In the event the District cannot confirm that specific pathogens have
been removed or mitigated from the SSO site and there is a reasonable risk that the
public may come into contact with contaminated media, the District shall post and
maintain appropriate public notification signs and place barricades to keep vehicle
and pedestrian traffic away from contact with spilled sewage.
3.3. Chemical Root Control Procedures. The District shall eliminate the use of
Chemical Root Control in its Collection System; or in the alternative,
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3.3.a. Within one (1) year after the Effective Date of this Agreement, the
District shall develop methods for safe and effective Chemical Root Control.
3.3.b. The District shall use Chemical Root Control with the use of
chemicals approved by and/or recommended by the federal Environmental
Protection Agency or the Regional Water Quality Control Board, San Francisco
Region.
3.3.c. Chemicals utilized for Chemical Root Control shall have a half-life
of sixty (60) days or less and consist of breakdown products which are non-toxic
to aquatic plants or animals.
3.3.d. All contractors providing Chemical Root Control to the District shall
be instructed that application of chemicals shall comply with the both the
recommendations of the manufacturer of the chemical and as required by Cal-
OSHA, and shall be required to submit record-keeping including the sections of
the Collection System receiving treatment, a map identifying the location(s) where
treatment occurs, the chemical(s) applied, amounts applied, and MSDS Sheets.
3.3.e. The District shall monitor areas where Chemical Root Control has
been utilized for vegetation die-off in a pattern suggesting root control chemicals
have escaped from the Collection System and caused plant mortality. If such
vegetation die-off is observed, the District will take action to avoid recurrence.
3.4. Receiving Water Monitoring and Compliance. The District discharges into
the Suisun Bay through a submerged multiport diffusor, located approximately 1,600 feet
off shore at an average depth of 24 feet. The District is required by its permit to
participate in the Regional Monitoring Program which tests receiving waters at a number
of locations within the San Francisco, San Pablo and Suisun Bays and reports receiving
water quality on a regional basis to the Regional Board and the regional data
demonstrates that the District is complying with the receiving water limitations set forth
in its NPDES permit and the Statewide WDR. The District periodically visually monitors
the Bay in the area of the submerged outfall and has neither observed nor received reports
of floatables or other proscribed materials in that location. The Regional Board has
reserved the right to modify the CWA Permit and require other compliance actions based
on the Regional Monitoring Program data.
3.5. Infectious Vector Protocols. Within thirty (30) days after the Effective
Date of this Agreement, the District shall develop protocols for its employees to protect
themselves and the public from Infectious Vectors to which those persons might be
exposed through direct or indirect contact with sewage. Such protocols may include use
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of appropriate protective gear and other protective actions in circumstances that have the
potential to expose the District's employees or the public to Infectious Vectors.
3.6. Updating of Sewer System Management Plan. Within sixty (60) days after
the Effective date of this Agreement, the District shall update its current Sewer System
Management Plan and Overflow Emergency Response Plan (OERP) to include the
remedial terms set forth in Section 3 of this Agreement. The District's Sewer System
Management Plan shall be kept current and properly certified. All documents relating to
the certification shall be posted on the District's website.
4. ATTORNEYS' COSTS AND FEES
Within ten (10) calendar days after the Effective Date of this Agreement, the
District shall pay CRW the sum of Twenty-Five Thousand Dollars ($25,000.00) as
reimbursement for CRW's investigative and attorneys' fees and costs. Payment shall be
made by the District to CRW in the form of a single check payable to "California River
Watch" and mailed to the Law Office of Jack Silver, 708 Gravenstein Highway North,
#407, Sebastopol, CA 95472. Said payment shall constitute full and complete
satisfaction of all costs and attorneys' fees incurred by CRW that have or could have
been claimed in connection with this matter up to and including the Effective Date of the
Agreement, and for CRW's expert and attorneys' fees and costs for monitoring and
enforcing the District's compliance with the ongoing obligations under this Agreement
up to and including the Termination Date of this Agreement.
5. RELEASE
It is the intent of the Parties that the execution and delivery of this Agreement
constitutes a full and complete satisfaction of all rights, claims and demands by CRW
against the District with respect to any and all allegations and claims made in the CWA
Notice under the CWA with regard to the District's Facility and Collection System, and
any discharges therefrom or any acts or omissions related thereto. CRW on behalf of
itself and any and all of its agents, representatives, successors, members, and assigns,
except as otherwise provided for herein, does hereby absolutely, fully and forever release,
relieve, remise and discharge the District and its past and present employees, officers,
directors, attorneys, and the predecessors, successors, and assigns of any of them, from
all causes of actions, claims, damages (including punitive damages), demands, debts,
actions, attorneys' fees, costs of suit, and liabilities of every kind or nature whatsoever,
arising out of the specific claims asserted in the CWA Notice and similar claims available
concerning the operation of the Facility and Collection System during the period included
in the Notice. The release provided for herein shall be valid and effective whether the
claims, causes of action, or liability hereby released (i) were known or unknown,
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suspected or unsuspected; (ii) were based in contract, tort, statute, or otherwise; or
(iii) arose at law or in equity.
The Parties acknowledge they are familiar with Section 1542 of the California
Civil Code, and each party expressly waives and relinquishes any rights and benefits
which they have or may have under Section 1542 of the Civil Code of the State of
California, which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release which if known by
him or her must have materially affected his or her settlement with the debtor.
The Parties acknowledge that each has specifically reviewed with its attorney the
meaning and effect of the release set forth herein, the language of California Civil Code
Section 1542, and the waiver contained herein. The Parties acknowledge that their
attorneys have fully explained the impact of these provisions, and the Parties knowingly
accept the risks associated with these provisions.
6. COVENANT NOT TO SUE
For a period of ten (10) years after the date Effective Date of this Agreement,
CRW agrees that neither CRW, its officers, executive staff, members of its governing
board, nor any organization under the control of CRW, its officers, executive staff,
members of its governing board, will serve any Notice of Violations and Intent to Sue or
file any lawsuit against the District seeking relief for alleged violations of the CWA or
RCRA (42 U.S.C. 6901, et. seq.) or similar state statutes and/or regulations, including the
Porter Cologne Water Quality Control Act with regard to the District's Facility and
Collection and System, nor will CRW initiate or support such lawsuits against the District
brought by other groups or individuals by providing financial assistance, personnel time,
or any other affirmative actions. The covenants set forth in this Section 6 shall survive the
termination of this Agreement.
7. DISPUTE RESOLUTION
7.1. CRW and the District shall make good faith efforts to resolve informally
any alleged breach of this Agreement. Disputes between CRW and the District
concerning any alleged breach of this Agreement shall be subject to the following dispute
resolution procedures. Failure to satisfy the payment condition set forth in Section 4 is a
substantial breach of this Agreement and relieves CRW of its obligations under this
Agreement.
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7.2. Mediation. If the dispute is not resolved by the Parties within thirty (30)
days after such notice is given, such dispute shall be submitted to mediation before a
mutually agreeable neutral mediator. The Parties shall bear their own costs and
attorneys' fees incurred in connection with such mediation.
7.3. Waiver. By agreeing to these dispute resolution provisions, the Parties
understand they are waiving certain important rights and protections that otherwise may
have been available to each of them if a dispute between them were determined by
judicial action including, without limitation, the right to a jury trial, and certain rights of
appeal. Other than the remedies contained within this Agreement including dispute
resolution and specific performance of the terms of this Agreement, there are no other
remedies. The Parties specifically agree there is no basis within this Agreement or within
the contemplation of the Parties to support a claim for consequential damages due to any
form of breach.
7.4. If CRW asserts that the District is in violation of this Agreement, and the
District corrects the action or inaction within sixty (60) days of written notice from CRW
describing the asserted violations, no further enforcement action under the terms of this
Agreement, including the dispute resolution process described in this Section 7, shall be
taken by either party.
8. FORCE MAJEURE
The District shall not be deemed in default or breach of this Agreement by reason
of any event which constitutes a force majeure. For purposes of this Agreement, a force
majeure is defined as any event arising from causes beyond the reasonable control of the
District or its contractors that delays or prevents performance, including, without
limitation, acts of God, acts of war, acts of terrorism, fire, explosion, extraordinary
weather events, restraint by court order or public authority, pandemic or other causes
beyond the District's reasonable control. Neither increased costs nor economic hardship
shall constitute a force majeure.
9. GENERAL PROVISIONS
9.1. Construction. The language in all parts of this Agreement shall be
construed according to its plain and ordinary meaning, except as to those terms defined
by law, in the Clean Water Act, or specifically herein.
9.2. Choice of Law. This Agreement shall be governed by the laws of the
United States and, where applicable, the laws of the state of California, without regard to
principles of conflict of laws.
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9.3. No Admission. This Agreement is the direct result of a compromise of
disputed allegations and claims. As such, this Agreement shall not, for any purpose, be
considered as an admission of liability by the District, nor shall the payment of any sum
of money in consideration for the execution of this Agreement constitute or be construed
as an admission of any liability by the District, which expressly denies any such liability
or wrongdoing.
9.4. Notices. All notices, consents, approvals, requests, demands and other
communications (collectively, "Notice") which the Parties are required to, or desire to,
serve upon or deliver to the other Party shall be by electronic mail only, if possible, in
which case the date of delivery shall be deemed the next business day if the email is
delivered after 3:00 p.m. (Pacific Time) addressed as set forth below:
If to CRW: California River Watch
290 South Main St. # 817
Sebastopol, CA 95472
Email: USkncriverwatch.org
AND Jack Silver, Esq.
Law Office of Jack Silver
708 Gravenstein Highway North, #407
Sebastopol, CA 95472
Tel: (707) 528-8175
Email: JSilverEnvironmentalkgmail.com
If to the District: Central Contra Costa Sanitary District
Attn: General Manager
5019 Imhoff Place
Martinez, CA 94533
Email: sod¢ralsan.orp,,
AND Central Contra Costa Sanitary District
Attn: District Counsel
5019 Imhoff Place
Martinez, CA 94533
Email: sod¢ralsan.orp,,
The foregoing addresses may be changed by Notice given in accordance with this
Section. Any Notice sent by electronic mail shall be deemed received upon electronic
transmission thereof provided sender does not receive electronic notice of non-delivery.
If the date of receipt of any Notice to be given hereunder falls on a weekend or legal
holiday, then such date of receipt shall automatically be deemed extended to the next
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business day immediately following such weekend or holiday for purposes of calculating
time periods commencing upon the date of service.
9.5. Counterparts. This Agreement may be executed in multiple counterparts,
all of which together shall evidence one and the same document.
9.6. Assignment._ Subject only to the express restrictions contained in this
Agreement, all of the rights, duties and obligations contained in this Agreement shall
inure to the benefit of and be binding upon the Parties and their successors and assigns.
9.7. Attorneys' Fees. Other than the payment to CRW under Section 4 of this
Agreement, each Party shall bear its own past and future attorneys' fees and costs relating
to the subject matter of this Agreement.
9.8. No Third-Party Beneficiaries. This Agreement is not intended to confer any
rights or obligations on any third party or parties, and no third party or parties shall have
any right of action under this Agreement for any cause whatsoever.
9.9. Parties' Acknowledgment of Terms. This Agreement has been carefully
and fully read and reviewed by CRW and the District, who hereby represent that the
contents of this Agreement are understood and agree that this Agreement is binding on
each Party or its respective predecessors, successors, and assigns and as described above.
9.10. Interpretation and Applicable Law. This Agreement shall be construed and
interpreted in accordance with the laws of the United States and the State of California
without regard to principles of conflicts of law. This Agreement shall be interpreted and
construed as a whole, according to its fair meaning and not strictly for or against any
Party, and without regard to which Party drafted the Agreement or any section thereof.
9.11. Headings. The headings used in this Agreement are for convenience of
reference and shall not be used to define any provision.
9.12. Entire Agreement in Writing. This Agreement constitutes the entire
agreement between the Parties hereto with respect to the subject matter set forth herein
and supersedes all previous or contemporaneous negotiations, commitments (oral or
written), and writings with respect to the subject matter set forth herein.
9.13. Modification or Amendment. This Agreement, including any of its
provisions, may be modified or amended only by written agreement executed by all
Parties to this Agreement.
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9.14. Severability. The invalidity or unenforceability of any provision of this
Agreement shall in no way affect the validity or enforceability of any other provision. If,
in any action before any court or other tribunal of competent jurisdiction, any term,
restriction, covenant, or promise is held to be unenforceable for any reason, then such
term, restriction, covenant, or promise shall be deemed modified to the extent necessary
to make it enforceable by such court or other tribunal and, if it cannot be so modified,
then this Agreement shall be deemed amended to delete such provision or portion
adjudicated to be invalid or unenforceable, and the remainder of this Agreement shall be
deemed to be in full force and effect as so modified.
9.15. Representations and Warranties. This Agreement is given voluntarily, free
of undue influence, coercion, duress, menace, or fraud of any kind. No Party, nor any
officer, agent, employee, representative, or attorney of or for any Party, has made any
statement or representation to any other Party regarding any fact relied upon in entering
into this Agreement, and no Party is relying upon any statement, representation, or
promise of any other Party, nor of any officer, agent, employee, representative, or
attorney of or for any Party, in executing this Agreement or in making the settlement
provided herein, except as expressly stated in this Agreement.
9.16. Authority. Each of the persons signing this Agreement on behalf of an
entity represents and warrants that he or she has actual authority and capacity to execute
the Agreement on behalf of the entity and to bind it to all of the terms of this Agreement.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
by their duly authorized representatives.
CENTRA C NTRA COSTA SANITARY DISTRICT
By: I ,� 'J •1 �- ti
Roger S. Bailey
General Manager
Dated: August 4_3,_, 2020
CALIFORNIA RIVER WATCH
By:
Larry Hanson
Board President
Dated: , 2020
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9.14. Severability. The invalidity or unenforceability of any provision of this
Agreement shall in no way affect the validity or enforceability of any other provision. If
in any action before any court or other tribunal of competent jurisdiction, any term,
restriction, covenant, or promise is held to be unenforceable for any reason, then such
terns, restriction, covenant, or promise shall be deemed modified to the extent necessary
to make it enforceable by such court or other tribunal and, if it cannot be so modified,
then this Agreement shall be deemed amended to delete such provision or portion
adjudicated to be invalid or unenforceable, and the remainder of this Agreement shall be
deemed to be in frill force and effect as so modified.
9.15. Representations and Warranties. This Agreement is given voluntarily, free
of undue influence, coercion, duress, menace, or fraud of any kind. No Party, nor any
officer, agent, employee, representative, or attorney of or for any Party, has made any
statement or representation to any other Party regarding any fact relied upon in entering
into this Agreement, and no Party is relying upon any statement, representation, or
promise of any other Party, nor of any officer, agent, employee, representative, or
attorney of or for any Party, in executing this Agreement or in making the settlement
provided herein, except as expressly stated in this Agreement.
9.15. Authority. Each of the persons signing this Agreement on behalf of an
entity represents and warrants that he or she has actual authority and capacity to execute
the Agreement on behalf of the entity and to bind it to al of the terms of this Agreement.
IN WITNESS WHEREOF.. the undersigned have caused this Agreement to be executed
by their duly authorized representatives.
CENTRAL CONTRA COSTA SANITARY DISTRICT
B `
y: . .,._
Roger S. Bailey
General Manager
Dated: August , 2020
CALIFORN VE '
By: _
arry Ilnson
Board President
Dated: __ / , 2020
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Law Office ofJ ack Silver
708 Gravenstein Hwy North, Suite 407 Sebastopol, CA 95472-2808 � o
Phone 707.528-8175 Email JSilverEnvironmental@gmail.com
Via Certified Mail—
Return Receipt Requested
January 22, 2020
Members of the Board of Directors D
Roger S. Bailey—General Manager JAN [9 202;)
Central Contra Costa Sanitary District
5019 Imhoff Place By
Martinez, CA 94553
Paul Seitz - CSO Division Manager
Head of Agency
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Re: Notice of Violations and Intent to File Suit Under the Federal Water Pollution
Control Act (Clean Water Act)
Dear Mr. Bailey, Mr. Seitz, Members of the Board, and Head of Agency:
STATUTORY NOTICE
This Notice is provided on behalf of California River Watch ("River Watch") in regard to
violations of the Clean Water Act ("CWA" or"Act"), 33 U.S.C. § 1251 et seq., that River Watch
alleges are occurring through the ownership and/or operation of the Central Contra Costa Sanitary
District's Wastewater Treatment Plant("Facility") and associated sewer collection system.
River Watch hereby places Central Contra Costa Sanitary District ("District"), as owner
and operator of the Facility and associated sewer collection system, on notice that following the
expiration of sixty(60)days from the date of this Notice,River Watch will be entitled under CWA
§ 505(a), 33 U.S.C. § 1365(a), to bring suit in the U.S. District Court against the District for
continuing violations of an effluent standard or limitation pursuant to CWA § 301(a), 33 U.S.C. §
1311(a),and the Regional Water Quality Control Board San Francisco Bay Region,Water Quality
Control Plan ("Basin Plan"), as the result of violations of the District's National Pollutant
Discharge Elimination System ("NPDES")Permit.
Notice of Violations Under CWA—Page l
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The CWA regulates the discharge of pollutants into navigable waters. The statute is
structured in such a way that all discharges of pollutants are prohibited with the exception of
enumerated statutory provisions. One such exception authorizes a discharger, which has been
issued a permit pursuant to CWA § 402, 33 U.S.C. § 1342, to discharge designated pollutants at
certain levels subject to certain conditions. The effluent discharge standards or limitations
specified in an NPDES permit define the scope of the authorized exception to the CWA § 301(a),
33 U.S.C. § 1311(a)prohibition such that violation of a permit limit places a discharger in violation
of the CWA. River Watch alleges the District is in violation of the CWA by violating the terms
of its NPDES Permit.
The CWA provides that authority to administer the NPDES permitting system in any given
state or region can be delegated by the Environmental Protection Agency ("EPA")to a state or to
a regional regulatory agency, provided that the applicable state or regional regulatory scheme
under which the local agency operates satisfies certain criteria (see 33 U.S.C. § 1342(b)). In
California,the EPA has granted authorization to a state regulatory apparatus comprised of the State
Water Resources Control Board("SWRCB")and several subsidiary regional water quality control
boards to issue NPDES permits. The entity responsible for issuing NPDES permits and otherwise
regulating the District's operations in the region at issue in this Notice is the RWQCB-SF.
While delegating authority to administer the NPDES permitting system,the CWA provides
that enforcement of the statute's permitting requirements relating to effluent standards or
limitations imposed by the Regional Boards can be ensured by private parties acting under the
citizen suit provision of the statute(see CWA§ 505, 33 U.S.C. § 1365). River Watch is exercising
such citizen enforcement to enforce compliance by the District with the CWA.
NOTICE REQUIREMENTS
The CWA requires that any Notice regarding an alleged violation of an effluent standard
or limitation, or of an order with respect thereto, shall include sufficient information to permit the
recipient to identify the following:
1. The Specified Standard, Limitation, or Order Alleged to Have Been Violated
The order violated is RWQCB-SF Order No. R2-2017-0009,NPDES CA0037648, Waste
Discharge Requirements for The Central Contra Costa Sanitary District Wastewater Treatment
Plant and its Wastewater Collection System ("NPDES Permit"). River Watch has identified
specific violations of the District's NPDES Permit including raw sewage discharges and failure by
the District to either comply with or provide evidence that it has complied with all the terms of its
NPDES Permit. Such discharges of sewage from the District's sewer collection system to waters
of the United States, without an NPDES permit, are also in violation of CWA § 301(a), 33 U.S.C.
§ 1311(a), which states in part: "Except as in compliance with this section and sections 302, 306,
307, 318, 402, and 404 of this Act [33 U.S.C. §§ 1312, 1316, 1317, 1328, 1342, 1344], the
discharge of any pollutant by any person shall be unlawful."These discharges are also in violation
of the California Regional Water Quality Control Board, San Francisco Bay Region, Municipal
Regional Stormwater NPDES Permit, Order No. R2-2015-0074,NPDES Permit No. CAS612008,
Notice of Violations Under CWA—Page 2
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governing the discharges from the municipal separate storm sewer systems (MS4s) draining the
watersheds within the San Francisco Bay Region.
2. The Activity Alleged to Constitute a Violation
River Watch contends that from January 22, 2015 to January 22, 2020, the District has
violated the Act as described in this Notice. River Watch contends these violations are continuing
or have a likelihood of occurring in the future.
A. Sanitary Sewer Overflows, Inadequate Reporting. and Failure to Mitigate Impacts
i. Sanitary Sewer Overflow Occurrences
Sanitary Sewer Overflows ("SSOs"), in which untreated sewage is discharged above
ground from the sewer collection system prior to reaching the Facility are alleged to have occurred
both on the dates identified in California Integrated Water Quality System("CIWQS")Interactive
Public SSO Reports, and on the dates when no reports were filed by the District, all in violation of
the C WA.
The District's aging sewer collection system has historically experienced high inflow and
infiltration(1/I")during wet weather. Structural defects which allow 1/1 into the sewer lines result
in a buildup of pressure resulting in SSOs. Overflows caused by blockages and I/I result in the
discharge of raw sewage into gutters, canals and storm drains which are connected to adjacent
surface waters including tributaries of the San Ramon Creek, Lauterwasser Creek, Las Trampas
Creek, Moraga Creek, Walnut Creek, Tice Creek, and Grizzly Creek- all waters of the United
States.
A review of the CIWQS Spill Public Report-Summary Page identifies the"Total Number
of SSO locations" as 587, with 637,195 "Total Vol. of SSOs (gal)." Of this total volume, the
District admits at least 480,827 gallons, or 75% of the total, reached a surface water. Of the
sewage spilled, only 31%of the total was reported as being recovered. The remaining volume was
discharged into the environment posing both a nuisance pursuant to California Water Code §
13050(m) and an imminent and substantial endangerment to public health and the environment.
A review of the CIWQS SSO Reporting Program Database specifically identifies 27 recent
SSOs reported as having reached a water of the United States, identified by Event ID numbers
862421, 858558, 857311, 856345, 855895, 855304, 852277, 850386, 844561, 835767, 834123,
833786, 832630, 831703, 831696, 831552, 830737, 830260, 825561, 825122, 824847, 820991,
819473, 816627, 815310, 813775, and 813178. Included in the reported SSOs are the following
incidents:
October 25,2019 (Event ID#862421)-an SSO estimated at 6,240 gallons occurred at 226
Matteson Court in Danville(Coordinates 37.82761 -122.00233). The reported cause of the
spill was root intrusion. Almost the entire spill, 6,209 gallons, entered a separate storm
drain and flowed into San Ramon Creek.
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January 11, 2017 (Event ID# 831703)—an SSO estimated at 243,100 gallons occurred at
52 Miner Road (Coordinates 37.89074 -122.19421). As a result of a failed storm water
culvert, all 243,100 gallons are reported as having discharged into Lauterwasser Creek.
March 16,2017 (Event ID#833786)—an SSO estimated at 79,045 gallons occurred at 840
Reliez Station Road (Coordinates 37.88336 -122.09692). The spill, caused by root
intrusion, sent 79,045 gallons of untreated wastewater into Las Trampas Creek.
All of the above-identified discharges are violations of C WA§301(a),33 U.S.C. § 131 l(a),
as discharges of a pollutant (sewage) from a point source (sewer collection system) to a water of
the United States without complying with any other sections of the Act. Further, these alleged
discharges are violations of the District's NPDES Permit, which states in relevant part:
III. Discharge Prohibitions:
A. Discharge of treated wastewater at a location or in a manner different than
described in this Order is prohibited.
E. Any sanitary sewer overflow that results in a discharge of untreated or
partially-treated wastewater to waters of the United States is prohibited.
ii. Inadequate Reporting of Discharges
Full and complete reporting of SSOs is essential to gauging their impact to public health
and the environment. The District's SSO Reports,which should reveal critical details about each
of these SSOs, lack responses to specific questions that would identify the causes and the potential
repairs ensuring these violations would not recur.
In addition, River Watch's expert believes many of the SSOs reported by the District as
partially reaching a surface water did so in greater volume than stated. River Watch's expert also
believes that a careful reading of the time when the District received notification of an SSO, the
time of its response, and the time at which the SSO ended,too often appear as unlikely estimations.
For example:
July 4-13, 2015 (Event ID 4816627)—The spill start time is reported as 05:30 on July 04,
2015. Agency notification is more than nine days later, on July 13, 2015 at 10:36. The
operator arrives soon after at 11:10 and the spill ends twenty minutes after the operator
arrival at 11:30. The cause of the spill is listed as "Grease (Fog) and Rags." The total
volume of the spill is reported as 63,131 gallons,all of which are reported as having reached
Moraga Creek.
May 12-13, 2015 (Event ID #815310) — The spill start time is reported as 16:00 on May
12, 2015. Agency notification time is reported as 10:30 on May 13, 2015 and the operator
arrival time at 10:55. The spill end time is reported as 11:17 on May 13, 2015. The spill,
which is estimated to have lasted some 19 hours and 17 minutes,is reported as 289 gallons.
All 289 gallons are reported as being both recovered and discharging into a tributary to
Walnut Creek.
Notice of Violations Under CWA—Page 4
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January 09, 2017 (Event ID #831552) —The spill start time is reported as 18:24 and the
agency notification time as one minute later at 18:25. The operator arrival time is reported
as 15 minutes later at 18:40 and the spill end time is reported as a little more than an hour
later at 19:44. The explanation of volume estimation method used is 1 gallon per
minute. The spill is reported as approximately 80 gallons, all discharging into Grizzly
Creek with no recovery.
Given the unlikely accuracy of the times, intervals and spill volumes provided in these
reports, it is difficult to consider the stated volumes as accurate. Without accurately reporting the
spill start and end time, there is a danger that the duration and volume of a spill will be
underestimated.
Finally, River Watch alleges that not all SSOs have been reported by the District to
CIWQS.. River Watch is informed that an SSO.occurred on July.26, 2018 at 25 Arlene Lane in
Walnut Creek, flowing onto public and private lands and into Tice Creek.
iii. Failure to Mitigate Impacts
River Watch contends the District fails to adequately mitigate the impacts of SSOs. The
District is a permittee under the Statewide General Requirements for Sanitary Sewer Systems,
Waste Discharge Requirements, Order No. 2006-0003-DWQ ("Statewide WDR") governing the
operation of sanitary sewer systems. The Statewide WDR requires the District to take all feasible
steps, and perform necessary remedial actions following the occurrence of an SSO, including
limiting the volume of waste discharged,terminating the discharge, and recovering as much of the
wastewater as possible. Further remedial actions include intercepting and re-routing of wastewater
flows, vacuum truck recovery of the SSO, cleanup of debris at the site, and modification of the
sewer.collection system to prevent further SSOs at the site.
A critical remedial measure is the performance of adequate sampling to determine the
nature and the impact of the release. As the District is underestimating SSOs which reach surface
waters, River Watch contends the District is not conducting sampling on most SSOs.
The EPA's "Report to Congress on the Impacts and Control of CSOs and SSOs" (EPA,
Office of Water (2004)), identifies SSOs as a major source of microbial pathogens and oxygen
depleting substances. Numerous critical habitat areas exist within areas of the District's SSOs.
Neighboring waterways include sensitive areas for the California tiger Salamander,California red-
legged frog, California least tern, California clapper rail, Yellow-billed Cuckoo, Western snowy
plover, Northern spotted owl, freshwater shrimp, Conservancy fairy shrimp, Delta smelt,
Tidewater goby, longfin smelt, San Joaquin kit fox, Salt marsh harvest mouse, Alameda
whipsnake, and the Giant garter snake.
River Watch finds no record of the District performing any analysis of the impact of its
SSOs on critical habitat of protected species under the ESA, nor any evaluation of the measures
needed to restore waterbodies designated as critical habitat from the impacts of SSOs.
Notice of Violations Under CWA—Page 5
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iv. Failure to Warn
River Watch contends the District is understating the significance of the impacts of its
CWA violations by failing to post health warning signs for the following discharges reaching a
surface water: Event ID # 862421, 857311, 856345, 855895, 855304, 852277, 850386, 844561,
835767, 834123, 832630, 831696, 831703, 831552, 830737, 830260, 825561, 825122, 824847,
820991, 819473, 816627, 815310, 813775, and 813178.
B. Failure to Comply with the Municipal Separate Storm Sewer System MS4) Stormwater
Permit.
The District's MS4 is a system of conveyances intended to carry stormwater. It is
connected to storm drain pipes which discharge into neighboring surface waters. However, SSOs
bring sewage into the MS4 and in turn into waterways connected to,and downstream of,the MS4.
River Watch contends the District fails to adequately comply with the discharge prohibitions of its
MS4 Stormwater Permit which states in relevant part:
A. DISCHARGE PROHIBITIONS
Al. The Permittees shall, within their respective jurisdictions, effectively
prohibit the discharge of non-storm water (materials other than storm water)
into storm drain systems and watercourses...
A2. It shall be prohibited to discharge rubbish, refuse, bark, sawdust, or
other solid wastes into surface waters or at any place where they would contact
or where they would be eventually transported to surface waters, including
flood plain areas.
A review of the CIWQS SSO Reporting Program Database specifically identifies 6 recent
SSO's reporting as having reached a storm drain system, identified by Event ID numbers 819634,
826671, 834375, 837230, 843566, and 862446.
All SSOs which reach a storm drain or storm drain conveyance are violations of CWA §
301(a), 33 U.S.C. § 1311(a), as they are discharges of a pollutant (sewage) from a point source
(sewer collection system)to a water of the United States without complying with any other sections
of the Act. River Watch contends these violations are continuing in nature or have a likelihood of
occurring in the future. In addition, all of these discharges pose both a nuisance pursuant to
California Water Code § 13050(m), and an imminent and substantial endangerment to health and
the environment.
C. Collection Sy stem Subsurface Discharges
It is a well-established fact that exfiltration caused by pipeline cracks and other structural
defects in a sewer collection system result in discharges to adjacent surface waters via underground
hydrological connections. River Watch contends untreated sewage is discharged from cracks,
displaced joints, eroded segments, etc., in the District's sewer collection system into groundwater
hydrologically connected to surface waters including, but not limited to, tributaries of the Pacific
Notice of Violations Under CWA-Page 6
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Ocean such as Suisun Bay and San Pablo Bay and their tributaries including San Ramon Creek,
Larkey Creek, San Pablo Creek,Walnut Creek,Lauterwasser Creek,Coyote Creek,Grayson Creek
Hidden Valley Creek, the west branch of Alamo Creek, Las Trampas Creek, Flowing Creek,
Grizzly Creek, Tice Creek, Moraga Creek and Alhambra Creek. Surface waters become
contaminated with pollutants including human pathogens. Chronic failures in the sewer collection
system pose a substantial threat to public health.
Studies tracing human markers specific to the human digestive system in surface waters
adjacent to defective sewer lines in other sewer collection systems have verified the contamination
of adjacent waters with untreated sewage. Evidence of exfiltration can also be supported by
reviewing mass balance data,I/1 data and video inspection,as well as testing of waterways adjacent
to sewer lines for nutrients, human pathogens and other human markers such as caffeine. Any
exfiltration found is a violation of the District's NPDES Permit and thus the CWA.
D. Violations of Receiving Water Limitations and Impacts to Beneficial Uses
Suisun Bay, San Pablo Bay and its tributaries including Walnut Creek, Larkey Creek, San
Pablo Creek, the west branch of Alamo Creek, Coyote Creek, Grayson Creek, Hidden Valley
Creek, Flowing Creek, Tice Creek, Green Valley Creek, Alhambra Creek, San Ramon Creek,
Lauterwasser Creek, Las Trampas Creek, Moraga Creek, Grizzly Creek, and the underlying
groundwater have numerous beneficial uses as set forth in the RWQCB-SF Basin Plan. SSOs
reaching these waters cause prohibited pollution by unreasonably affecting these beneficial uses.
Suisun Bay is a shallow tidal estuary in Northern California. Suisun Marsh, the tidal marsh land
to the north is the largest marsh in California. Water from the Sacramento River, San Joaquin
River, and the Sierra Nevada mountains flow into Suisun Bay through the Carquinez Straight to
meet with the Napa River at the entrance to San Pablo Bay which connects at its south end to San
Francisco Bay.
San Pablo Bay is a tidal estuary that forms the northern extension of San Francisco Bay in the
East Bay and North Bay regions of the San Francisco Bay Area, connecting to the Pacific Ocean
via the San Francisco Bay on its southern end. San Pablo Bay consists of multiple undeveloped
shore lands with salt marshes and mudflats. It is a primary wintering stop for the canvasback duck
population on the Pacific Flyway, as well as a migratory staging ground for numerous species of
waterfowl. Much of the northern shore of San Pablo Bay is protected as part of the San Pablo Bay
National Wildlife Refuge. Endangered species found here include the California brown pelican,
California clapper rail, and salt marsh harvest mouse. This is a popular destination for recreational
fishing,with saltwater species including striped bass, surfperch, sturgeon, starry flounder, leopard
shark, topsmelt and anchovy.
San Pablo Creek, 17-miles long, flows into San Pablo Bay. San Pablo Creek Watershed is one
of the largest and most geographically diverse in the East Bay, draining 41 square miles and
ranging from near-pristine oak woodlands in portions of the upper watershed to the suburbanized
and urbanized lands above and below San Pablo Dam. San Pablo Creek originates in 2 small
tributaries: one beginning just north of Orinda near Rheem Boulevard and flowing south to join
the other which flows north from Sibley Roundtop Peak, a dormant volcano. The Creek then flows
Notice of Violations Under CWA—Page 7
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through Orinda, enters a culvert beneath the downtown area, passes under Highway 24, and
eventually comes above ground to continue its northwesterly journey alongside San Pablo Dam
Road. There it is joined by Lauterwasser Creek, Bear Creek and several smaller tributaries before
flowing into the reservoir formed by San Pablo Dam where the Creek drains 23.37 square miles
or slightly over half of the entire watershed. More tributaries flow into San Pablo Creek as it
meanders through El Sobrante, enters a culvert at I-80, comes above ground in San Pablo and
North Richmond and enters San Pablo Bay.
The Walnut Creek Watershed is the largest in Contra Costa County measuring some 96,000
acres. It is roughly contiguous with the I-680 corridor stretching from San Ramon to Suisun
Bay. As a consequence of flat land and high population density, it is also the watershed most
altered by flood control measures. The combined length of all creek channels of Walnut Creek
and its network of tributaries is 310 miles. Walnut Creek flows north emptying into Pacheco
Slough and then the San Francisco Estuary at Suisun Bay. Five major drainage basins direct water
into Walnut Creek.These sub-watersheds are named for their tributary creeks. San Ramon Creek
watershed drains the southeastern part of Walnut Creek Watershed, Las Trampas Creek
watershed drains the Lafayette area, Grayson Creek watershed collects water from the Pleasant
Hill area, Pine Creek watershed drains the eastern area from Mt. Diablo and southern Concord,
while a small un-named creek takes water from north Concord near Olivera Road and empties into
Walnut Creek near Highway 4. At its mouth, Walnut Creek empties into Peyton Slough before
entering the Bay. Green Valley Creek, Grizzly Creek and Hidden Valley Creek are all
tributaries of the Walnut Creek Watershed. Tice Creek is a 4-mile long tributary of Las Trampas
Creek. Coyote Creek is a 3-mile long tributary of South Ramon Creek.
The San Ramon Creek Watershed is a 54-square mile watershed with 137 miles of channels
within Walnut Creek Watershed. It has its headwaters in Bollinger and San Catanio Creeks, and
is fed by springs and creeks from Las Trampas Creek and Mount Diablo.
South San Ramon Creek is an 18.89-mile long southward-flowing stream in Alameda County
and southern Contra Costa County. A tributary to Arroyo de la Laguna, the Creek flows through
Dublin and Pleasanton and drains the land area generally lying above the Bishop Subbasin of the
Livermore Valley Groundwater Basin. The Bishop Subbasin comprises 1,666 acres of valley that
join with Las Trampas Creek to form Walnut Creek.
3. The Person or Persons Responsible for the Alleged Violation
The entity responsible for the alleged violations identified in this Notice is the Central
Contra Costa Sanitary District and those of its employees responsible for compliance with the
CWA and with any applicable state and federal regulations and permits.
4. The Location of the Alleged Violation
The location or locations of the various violations alleged in this Notice are identified in
records created and/or maintained by or for the District which relate to its ownership and operation
of the Facility and associated sewer collection system, as further described in this Notice.
Notice of Violations Under CWA—Page 8
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Page 22 of 25
The Facility provides secondary treatment of domestic, commercial, and industrial
wastewater for Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut
Creek, Concord, Clayton, and adjacent unincorporated areas and serves a population of some
482,000. The District also regulates 18 significant industrial users that discharge to the Facility
through its pre-treatment program.
The Facility has the capacity for an average daily dry weather design flow of 53.8 million
gallons per day (MGD). From May 2015 through April 2016,the average daily influent flow was
33.7 MGD. The wastewater treatment process consists of screening, grit removal, primary
clarification, secondary biological treatment, secondary clarification, and ultraviolet disinfection.
The Facility also contains holding basins with a combined capacity of 168 million gallons.
The District uses these holding basins to temporarily store peak wet weather flows when primary
treated wastewaterexceeds secondary treatment capacity. When flows subside,the District routes
stored wastewater back to the headworks for full primary and secondary treatment.
The sewer collection system, approximately 50 years old, is comprised of nearly 1,500
miles of,publicly-owned pipes ranging from 6 to 102,inches in diameter. The District owns and
operates 16 pump stations and operates 3 privately-owned pump stations in Orinda. This sewer
collection system is covered by the NPDES Permit. Concord owns and maintains the sewer
collection system within the Concord city limits as well as-maintaining the sewer collection system
serving Clayton. The portions of the sewer collection system owned or operated by Concord are
not covered by the NPDES Permit.
5. Reasonable Range of Dates During Which the Alleged Activity Occurred
The range of dates covered by this Notice is January 22, 2015 through January 22,
2020. River Watch may from time to time update this Notice to include violations of the CWA by
the District which occur during and after the range of dates currently covered. Some violations
are continuous, and therefore each day constitutes a violation.
6. The Full Name,Address, and Telephone Number of the Person Giving Notice
The entity giving notice is California River Watch, an Internal Revenue Code § 501(c)(3)
nonprofit, public benefit corporation duly organized under the laws of the State of California. Its
mailing address is 290 South Main Street, #817, Sebastopol, CA 95472. River Watch is dedicated
to protecting, enhancing, and helping to restore surface waters and groundwater of California
including coastal waters, rivers, creeks, streams, wetlands, vernal pools, aquifers and associated
environs, biota, flora and fauna, and educating the public concerning environmental issues
associated with these environs.
River Watch may be contacted via email: USAncriverwatch.org, or through its attorneys.
River Watch has retained legal counsel with respect to the issues raised in this Notice. All
communications should be directed to counsel identified below:
Notice of Violations Under CWA—Page 9
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Page 23 of 25
lack Silver, Esq. David J. Weinsoff, Esq.
Law Office of Jack Silver Law Office of David Weinsoff
708 Gravenstein Highway North, #407 138 Ridgeway Avenue
Sebastopol, CA 95472 Fairfax, CA 94960
Tel (707) 528-8175 Tel. (415) 460-9760
Email:LsilverenvironmentaF zmail.com Email: david( ,weinsofflaw.com
RECOMMENDED REMEDIAL MEASURES
River Watch looks forward to meeting with the District's staff to tailor remedial measures
to the specific operation of the Facility and associated sewer collection system.
CONCLUSION
The violations set forth in this Notice affect the health and enjoyment of members of River
Watch who reside and recreate in the affected community and may use the affected watershed for
recreation, fishing, horseback riding, hiking, photography or nature walks. Their health, use and
enjoyment of this natural resource is specifically impaired by the District's alleged violations of
the CWA as set forth in this Notice.
CWA §§ 505(a)(1) and 505(f) provide for citizen enforcement actions against any
"person", including a governmental instrumentality or agency, for violations of NPDES permit
requirements and for un-permitted discharges of pollutants. 33 U.S.C. §§ 1365(a)(1) and (f), 33
U.S.C. § 1362(5). An action for injunctive relief under the CWA is authorized by 33 U.S.C. §
1365(a). Violators of the Act are also subject to an assessment of civil penalties of up to$54,833.00
($55,800.00 on or after January 13, 2020) per day/per violation for all violations pursuant to
Sections 309(d) and 505 of the Act, 33 U.S.C. §§ 1319(d), 1365. See also 40 C.F.R. §§ 19.1 —
19.4. River Watch believes this.Notice sufficiently states grounds for filing suit in federal court
under the "citizen suit"provisions of CWA to obtain the relief provided for under the law.
The CWA specifically provides a 60-day"notice period"to promote resolution of disputes.
River Watch strongly encourages the District to contact counsel for River Watch within 20 days
after receipt of this Notice to initiate a discussion regarding the allegations detailed herein. In the
absence of productive discussions to resolve this dispute, River Watch will have cause to file a
citizen's suit under CWA § 505(a) when the 60-day notice period ends.
Vry truly yours,
Ja Silver
JS:hn
Notice of Violations Under CWA—Page 10
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Page 24 of 25
Service List
Andrew Wheeler. Administrator
U.S. Environmental Protection Agency
William Jefferson Clinton Building
1200 Pennsylvania Avenue,N.W.
Mail Code 1101A
Washington, D.C. 20460
Michael Stoker, Regional Administrator
U.S. Environmental Protection Agency
Pacific Southwest, Region 9
75 Hawthorne Street
Mail Code ORA-1
San Francisco, CA 94105
Eileen Sobeck, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Notice of Violations Under CWA—Page 11
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Television Inspection Rating Schedule Defect Classification Table
CLASS CD DIVISION CD TYPE CD DESCRIPT. ADDITIONAL DESCRIPTION RATE
A. L Lateral
Lateral Type T Tapped-in
P Protruding L Light Minor 160
M Medium Difficult to pass 260
Flow restricttion or impossible to Soo
S Severe pass
B. P Pipe Barrel C Cracked
Structural B Broken S Spiral 300
M Multiple 400
L Longitudinal 300
H Holes;Brks ISmall Piece Missing 100
Pipe broken,not significantly 100
F Fractured deformed
Deformed Pipe is out of round 500
Collapsed Pipe is caved in,cannot pass 1000
V Void Wall sections missing-cavaties 2000
J Joint O Open L Light Less than pipe wall thickness 150
F Offset M Medium Grater than pipe wall thickness 250
S Severe Difficult or impossible to pass 350
C Cracked
B Broken S Light 100
M Multiple 500
L Longitudinal 100
Any observence,flow is
130
C. R Roots C Lat.Conn. L Light undisturbed
Condition J At Joint M Medium Alters or distorts normal flow 230
P In Pipeline H Heavy Difficult or Impossible to pass 330
Any observence,flow is
110
D Debris S Sediment L Light undisturbed
G Grease M Medium Alters or distorts normal flow 210
L Scaling H Heavy Difficult or impossible to pass 310
O Other Describe"Other"in comments
Any observence,flow is 100
A Alignment H Horizontal L Light undisturbed
C. M Medium Alters or distorts normal flow 200
Condition
Cont. S Severe Difficult of impossible to pas 500
Flow below bottom of lens,depth
increase less than 10%of pipe 100
S Sag L Light diameter
Flow level below top of lens,depth
increase from 10%to 25%of pipe 200
M Medium diameter
Camera is underwater,or depth
increase greater than 25%of pipe 400
S Severe Diameter
Infiltration C Lat.Conn.
J At Joint L Light Water seeps into line 120
P In Pipeline M Medium Water drips in line 220
M Manhole S Severe Water runs or spouts into line 320
C Corrosion C Lat.Conn. L Light Surface is visibly rough 110
P In Pipeline M Medium Aggregate is clearly exposed 230
S Severe Rebar exposed or gone 430
E Soil Exposec Native soil is visible and holes 500
Continuous S Start Starting Station of defect
Defect F Finish Finish Station of defect
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