HomeMy WebLinkAbout05.b. Authorizing Permit Contract with Acme Fill CorporationItem 5.b.
BOARD OF DI RECTORS
POSIT ION PA PER
D R AF T
M E E T I NG D AT E :J UNE 14, 2021
S UB J E C T: R E V I E W D R A F T P O S I T I O N PA P E R A UT HO R I Z I NG T HE G E NE R A L
MA NA G E R TO E X E C UT E A T HR E E-YE A R P E R MI T C O NT R A C T W I T H
A C ME F I L L C O R P O R AT I O N (A C ME ) F O R D I S C HA R G E O F T R E AT E D
L A ND F I L L L E A C HAT E F R O M T HE A C ME L A ND F I L L L O C AT E D I N
MA RT I NE Z, C A L I F O R NI A, T HR O UG H
J UNE 30, 2024
S UB M IT T E D B Y:
T I M P O T T E R, E NV I R O NME NTA L
C O MP L I A NC E S UP E R I NT E ND E NT
I NI T I AT I NG D E PART M E NT:
E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S -
E R C -E NV I R O NME NTA L C O MP L I A NC E
RE V I E WE D B Y:L O R I S C HE C T E L , E NV I R O NME NTA L A ND R E G UL ATO RY C O MP L I A NC E
D I V I S I O N MA NA G E R
J E A N-MA R C P E T I T, D I R E C TO R O F E NG I NE E R I NG A ND T E C HNI C A L
S E RV I C E S
I S S UE
Wastewater Discharge P ermit C ontracts for C lass I I ndustrial Users (permit contract) must be approved
by the B oard of Directors.
B AC K G RO UND
A cme’s pretreated landf ill leachate has been accepted by Central S an since the early 1990s and through
permit contracts since 1994. A permit contract was used to protect Central S an and to preserve the right to
modif y the discharge conditions or stop receiving the treated leachate. Central S an chose to receive the
leachate after encouragement from the Regional Water Quality C ontrol B oard (RW Q C B) because Central
S an’s acceptance of the leachate under strict conditions provided the best regional environmental
solution.
During the term of the current permit contract, A cme has operated the L eachate Treatment P lant in
compliance with the conditions of the permit contract except f or f ive events when monitoring standards
were not met. Notices of Violation were issued for one event when Carbonaceous Biochemical Oxygen
Demand (C B O D) sampling was not conducted, one event when C B O D was not analyzed within the
specif ied holding time and for incomplete analysis of E nvironmental Protection Agency (E PA) Method 624
parameters, and one event when a turbidity sample was analyzed after the holding time. Warning Notices
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were issued f or one event when C B O D was analyzed af ter holding time and one event when turbidity was
analyzed past holding time. No discharge limit violations were recorded during the current permit contract
term.
T he proposed permit contract maintains the protections in the previous permit contract, addresses certain
changes requested by Acme representatives to reduce their compliance costs, and includes modifications
in response to the input received f rom the United S tates E PA contractors during prior P retreatment
Compliance A udits that included a review of the permit contract issued to A cme. A summary of the
changes include:
A ddition of sampling for Selenium, Radioactivity, and P henols
Removal of sampling for C hemical Oxygen Demand and Turbidity
I ncrease in discharge limits to match local discharge limits f or several metals and Total Toxic
Organics
Changing C B O D and Total S uspended S olids sampling frequency from weekly to monthly
A ddition of clarif ying language for using C B O D data f or billing
Clean-up of wording and known errors
Removal of California Water Environment A ssociation I ndustrial Waste certification requirement
since this program was discontinued
Clean-up flow meter and pH language to match manuf acturer specif ications
Updating the insurance language to meet current standards and practices
Central S an staff believes these changes are acceptable and do not signif icantly increase the risk to our
f acilities from the A cme discharge.
A s with the previous permit contract, the proposed permit contract includes conditions that allow Central
S an to change the leachate monitoring parameters or effluent limits to protect Central S an facilities and
operations, or to meet new regulatory requirements. Central S an also has the right to suspend or terminate
the leachate discharge if acceptance of the treated leachate af f ects Central S an's ability to meet National
P ollutant Discharge Elimination S ystem limits, results in Central S an's treatment plant being classified as a
hazardous waste treatment facility, or affects Central S an's ability to reclaim water.
C E Q A
S taff has concluded that approval of this contract is exempt from the Calif ornia E nvironmental Quality A ct
(C E Q A). Central S an C E Q A Guidelines S ection 15308 provides an exemption where a regulatory agency
which is authorized by state or local ordinance to assure the maintenance or protection of the environment
takes action to affect such a purpose. The execution of a permit contract with A cme is intended to maintain
and protect the waters and other aspects of the environment. A pproval of this contract will establish the
B oard of Directors’ independent f inding that this contract is exempt from C E Q A .
ALT E RNAT IV E S /C O NS I D E RAT IO NS
Two alternatives to the proposed permit contract were considered: 1) discontinue accepting the treated
leachate; or 2) authorize the discharge of treated leachate through Central S an's existing Class I I
I ndustrial User P ermit P rogram instead of a permit contract. Neither alternative is pref erred over the
proposed permit contract. A cme has limited options to properly dispose of the landf ill leachate generated.
T he permit contract gives Central S an more ability to customize the requirements over the Class I I
I ndustrial User P ermit.
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F INANC I AL IM PAC T S
No adverse f inancial impacts are anticipated from entering into this permit contract with A cme.
E nvironmental Compliance, L aboratory, and legal costs will be recovered as billable activities. Treatment
P lant and Collection System costs will be recovered through the sewer service charge authorized in the
permit contract.
C O M M IT T E E RE C O M M E ND AT IO N
S taff reviewed the proposed changes to the permit contract at the J une 14, 2021 Real Estate,
E nvironmental & P lanning Committee meeting. T he C ommittee identified/did not identif y general support
f or recommended changes and maintenance of the other permit contract elements.
RE C O M M E ND E D B O ARD AC T I O N
A uthorize the General Manager to execute a three-year permit contract with A cme for discharge of treated
leachate through J une 30, 2024.
Strategic Plan Tie-I n
G O A L T W O: Environmental Stewardship
Strategy 1 – Achieve 100% compliance in all regulations
G O A L F I V E: I nfr astructure R eliability
Strategy 3 – Protect personnel and assets from threats and emergencies
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